News: July 03, 2020
- Article 371A - Special provision with respect to the state of Nagaland
- Article 371A (1) (b) - important functions like "transfer and posting of officials" entrusted with the maintenance of law and order of and above the district level will be with the approval of the Governor.
- Right to Health
- Right to Health is an integral part of Right to Life as enshrined in Article 21.
- Article 38 lays down the responsibility of the state to secure social order for the in promotion of the welfare of public health.
- Article 39 (e) pertains to the protection of health of the workers.
- Article 41 relates to providing public assistance by the state in special circumstances such as sickness, disability, old age etc.
- Article 42 protects the health of the infant and the mothers, i.e. in a way, it pertains to maternity benefit.
- Article 47 imposes a primary duty of the state in improvement of public health, in securing of justice, providing humane conditions of work for the workers, extension of benefits pertaining to sickness, disability, old age and maternity benefits. In addition to this, the state is under an obligation to prohibit the consumption of liquor in the interest of the public good.
- Article 48A: State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Article 164 (1A) : The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State
- Article 48A - State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Article 51 A - Every citizen shall protect the environment.
- Article 159 : Oath or affirmation by Governor
- Article 174 : Empowers Governor to decide on session sittings of Legislative Assembly and Legislative Council, but no more than six months should pass between two sittings. It also allows Governor to Prorogue either House and dissolve Legislative Assembly.
- Article 175 : Governor may address the Legislative Assembly or Legislative Council, and can require attendance of its members. Governor may also send message (pending Bills, functioning of House, order, etc) to either House, and the respective House will have to consider the said message
Criminal Procedure Code (CrPC) codes
- Section 144
- Power to issue order in urgent cases of nuisance of apprehended danger.
- It authorizes the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting.
- Also referred as 'gag order'
Indian Penal Code (IPC) codes
- Section 188: Disobedience to order duly promulgated by public servant. It is sufficient that he knows of the order which he disobeys. It can lead to imprisonment of 6 months and/or a fine of Rs 10000
- Section 295: Damage to a place of worship or an object held sacred, punishable with imprisonment which may extend to two years, or fine, or both.
- Section 300 and 302: Mob Lynching - Lynching incidents can be dealt with under Section 300 and 302 of IPC. IPC does not specifically describes lynching
- Section 330 and 331: causing hurt or grievous hurt to extort confession
- Section 383: Extortion
- Section 497 and 498: Adultry
- Section 498A: Domestic violence
- Section 506: Criminal Intimidation. non bailable remand
- June, 20
- Madhya Pradesh Council of Ministers exceeding prescribed limit
- Section 188: Lockdown curbing, in Uttar Pradesh alone, as of 29th April, 2020, FIRs have been registered against 33094 people under Section 188 of IPC during the period of lockdown.
- July, 20
- Governor of West Bengal cites Article 159 of deteriorating condition of state
- 10 yr old dalit girl booked for sacrilege in Punjab
- Rajasthan Governor allows holding of Assembly session
- Aug, 20
- Section 188 - Cases of hospitals and ambulances overcharging public during pandemic
- Funded by the European Union, MASE Programme is a regional programme that supports implementation of the Regional Strategy and Action Plan to fight piracy and promote maritime security in the Eastern and Southern Africa-Indian Ocean.
- The MASE countries involve four main regional organisations:
- The Intergovernmental Authority on Development (IGAD)
- East Africa Community (EAC)
- Common Market for Eastern and Southern Africa (COMESA)
- Indian Ocean Commission (IOC)
- IOC is a regional forum in the Southwest Indian Ocean, comprising five nations: Comoros, France (Reunion), Madagascar, Mauritius and Seychelle
- It was created in 1982 and instiutionalized in 1984, and funded by EU-MASE (European Union Marine Security) Programme
- IOC is the only African regional organization composed entirely of islands
- It focuses on trade, tourism and marine conservation
- IOC has 7 observer members - India, China, Malta, European Union, International Organization of La Francophonie (OIF), Japan, and United Nations
- Through the MASE Programme, the EU supports equipment and training for
- Regional Maritime Information Fusion Centre (RMIFC) in Madagascar, which works on gathering and analysing data
- Regional Coordination of Operations Centre (RCOC) in Seychelles, which works on coordinating the regional response based on information from RMIFC
United Nations Convention on the Law of the Sea (UNCLOS)
- Came into operation in 1982, UNCLOS defines the rights and responsibilities of a nation over oceans
- UN has no direct operational role in the implementation of the Convention.
- The convention has been ratified by 168 parties. India ratified the convention in 1985
- Dispute Resolution: Under Article 28, a State shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes
- International Tribunal for the Law of the Sea (ITLOS)
- International Court of Justice
- ad hoc arbitration (in accordance with Annex VII)
- If there is no preference, Annex VII will be the default means of dispute settlement
- Most of the cases have been arbitrated by Permanent Court of Arbitration (PCA)
- a special arbitral tribunal constituted for certain categories of disputes under Annex VIII
- UNCLOS established three institutions:
- International Tribunal for the Law of the Sea (ITLOS) - ITLOS is the specialized international judicial body for the settlement of disputes concerning the interpretation or application of UNCLOS. The decisions of the Tribunal are final and binding and the parties to the dispute are required to comply with them. However, the Tribunal has no means of enforcing its decisions.
- International Seabed Authority (ISA) - regulate and control all mineral-related activities in the international seabed area for the benefit of mankind as a whole.
- Commission on the Limits of the Continental Shelf (CLCS) - CCLS established the rights of a sovereign state over the continental shelf surrounding it, if there be any.
- Maritime Zones : UNCLOS divides marine areas into five main zones, each with a different legal status
- Internal Waters : Internal Waters include littoral areas such as ports, rivers, inlets and other marine spaces landward of the baseline (low-water line) where the port state has jurisdiction to enforce domestic regulations.
- Territorial Sea : In the Territorial Sea, a coastal state has unlimited jurisdiction over all (including foreign) activities unless restrictions are imposed by law. All coastal states have the right to a territorial sea extending 12 nautical miles from the baseline.
- Contiguous Zone : The Contiguous Zone is an intermediary zone between the territorial sea and the high seas extending enforcement jurisdiction of the coastal state to a maximum of 24 nautical miles from baselines. Coastal state can take measures to prevent or regulate armed maritime security activities
- Exclusive Economic Zone (EEZ) : EEZ is an intermediary zone, lying between the territorial sea (12 nautical miles) and the high seas to the maximum extent of 200 nautical miles. In this zone the coastal state retains exclusive sovereignty over exploring, exploiting and conserving all natural resources.
- High Seas : High Seas lie beyond 200 nautical miles from shore, open and freely available to everyone, governed by the principle of equal rights for all.
- June, 20
- SAGAR initiative, India-Africa Maritime Cooperation
- July, 20
- India loses jurisdiction over Italian marines case
- Aug, 20
- Supreme Court asking for hefty compensation for fishermen
Human Rights Commission
National Human Rights Commission (NHRC)
- Established in 1993, NHRC is a statutory body created under Protection of Human Rights Act, 1993.
- The commission is a multi-member body consisting of a chairman and four members appointed by President, based on a six member committee headed by Prime Minister.
- The chairman should be a retired chief justice of India. The members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a high court and two persons having knowledge or practical experience with respect to human rights.
- They can be removed by President on grounds defined in Act, but for grounds on proven misbehavior, President has to refer to Supreme Court.
- The commission also has four ex-officio members - the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs, and the National Commission for Women
- NHRC has suo moto power to inquire into any case of human rights violation by a public servant. The case can only be taken by Commission within one year from date on which alleged violation occurred.
- Since 2017, NHRC has received 5300 complains of custodial death
State Human Rights Commission (SHRC)
- Established in 1993, SHRC is a statutory body created under Protection of Human Rights Act, 1993.
- The commission is a multi-member body consisting of a chairman and two members
- They are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly. In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.
- The chairperson should be a retired Chief Justice of a High Court and members should be a serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District Judge
- A sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.
- They hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairperson and members are not eligible for further employment under a state government or the Central government.
- They can be removed by President (not Governor) on grounds defined in Act, but for grounds on proven misbehavior, President has to refer to Supreme Court.
- Their remuneration is determined by state governments
- A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List and the Concurrent List of the Seventh Schedule
- State Human Rights Commission does not inquire into cases already being inquired by National Human Rights Commission or any other Statutory Commission
- The Commission is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character. It may call for information or report from the state government
- SHRC has suo moto power to inquire into any case of human rights violation by a public servant. The case can only be taken by Commission within one year from date on which alleged violation occurred.
- Functions of SHRC are mainly recommendatory in nature. It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim. Further its recommendations are non binding on State.
- June, 20
- NHRC issued notice to IRDA over high premiums for medical policies for healthcare workers during COVID-19 pandemic.
- Madhya Pradesh and Tamil Nadu SHRC looking into alleged thrashing in custody.
- July, 20
- Custodial death - Law requires prosecution to prove that the police caused the death.
- MiG-29 / Baaz
- Russian origin. Twin engine, single seater with a speed up to Mach 1.7
- SU-30 MKI :
- Russian origin. Licenced production done by Hindustan Aeronautics Limited (HAL)
- Twin seater, twin engine, carrying a variety of medium-range guided air to air missiles.
- It has a maximum speed of 2 Mach with a single in-flight range of 3,000 km
- Light Combat Aircraft (LCA) Tejas
- Tejas is a 4+ generation, supersonic, highly maneuverable, multi-role, smallest and lightest aircraft in its class
- Designed and developed by DRDO, it can carry beyond visual range weapons
- Tejas has a speed up to mach1.2 at low level and mach 1.8 at higher altitudes
- Mirage 2000 / Vajra
- French origin and maintained by HAL
- Single engine fourth-generation jet fighter, and has maximum speed of Mach 2.5
- MiG-21 Bison
- First supersonic jet aircraft ever, the MiG 21 has a single seater cockpit with maximum speed of 1.05 mach
- SEPECAT Jaguar / Shamsher
- French and British origin. Twin-engine, single-seater (IAF) ground attack aircraft
- Only the Indian Air Force is currently using the upgraded Jaguar in active duty.
- Jaguars can accurately deliver heavy bomb loads at long ranges at low altitudes, but is incapable of flying high altitudes with heavy payload
- Licenced production done by Hindustan Aeronautics Limited (HAL)
- French origin. Twin engine, single and double seater.
- Rafale has a speed up to mach1.1 at low level and mach 1.8 at higher altitudes and has mid air refueled capability
- India will be integrating European-made SCALP and Meteor prolonged-array beyond visible selection (BVR) air-to-air missile into Rafale
- The aircraft are equipped with two standoff weapons- Mica air-to-air missile with 70 km range, Meteor air-to-air missiles, with a range of over 100 km, and Scalp air-to-ground missiles, with a range of 300 km.
- Ka-226T : Russian origin. Light weight, twin engine utility helicopter
- AH-64E Apache : US origin. India contracted 22 Apache helicopters and 15 Chinook helicopters from Boeing through the Foreign Military Sales programme of the U.S. government in September 2015 under a $3 billion deal. Boeing’s joint venture in Hyderabad, Tata Boeing Aerospace Limited, has been producing aero-structures for the AH-64 Apache helicopter for both the U.S. Army and international customers
- Galwan river - Galwan river is a tributary of Shylok river, a tributary of Indus river. It flows from Aksai chin to Ladakh.
- Pangong Tso - Lake in Ladakh and Tibet. Not part of Ramsar Convention
- Five fingers of the Tibetan palm - Cited in the 1950s by Chinese officials, Xizang (Tibet) was China’s right palm, and it was its responsibility to 'liberate' the fingers, defined as Ladakh, Nepal, Sikkim, Bhutan, and the North East Frontier Agency (NEFA, or Arunachal Pradesh).
- Agreement on the Maintenance of Peace and Tranquillity along the Line of Actual Control in the India-China Border Areas, 1993
- Neither side shall use or threaten to use force against the other by any means.
- Two sides shall strictly respect and observe the line of actual control. No activities of either side shall overstep the line of actual control
- Agreement on Confidence Building Measures in the Military Field along the Line of Actual Control in the India-China Border Areas, 1996
- Neither side shall use its military capability against the other side.
- The two sides reiterate their determination to seek a fair, reasonable and mutually acceptable settlement of the boundary question.
- Reaffirmed in 2003 in Declaration on Principles for Relations and Comprehensive Cooperation between India and China
- Confidence Building Measures in the Military Field Along the Line of Actual Control in the India–China Border, 2005
- The differences on the boundary question should not be allowed to affect the overall development of bilateral relations
- The two sides will give due consideration to each other’s strategic and reasonable interests, and the principle of mutual and equal security.
- The boundary should be along well-defined and easily identifiable natural geographical features to be mutually agreed upon between the two sides.
- In reaching a boundary settlement, the two sides shall safeguard due interests of their settled populations in the border areas.
- Working Mechanism for Consultation and Coordination of India-China Border Affairs (WMCC), 2012
- WMCC is focussed on management of relations between the troops on the ground in border areas, the Special Representatives mechanism between the two countries is engaged in finding a solution to the vexed boundary issue between the two neighbours.
- It is headed by joint secretary-level officials from both sides
- Border Defence Cooperation Agreement between India and China, 2013
- The two sides shall implement border defence cooperation by exchanging information, by jointly combating smuggling, by assisting other side if a personnal or livestock crosses other's side.
- Resolve border deference through flag meetings and periodic meetings
- Work with the other side in combating natural disasters or infectious diseases that may affect or spread to the other side
- Two sides may establish Border Personnel Meeting sites in all sectors, as well as telephone contacts and telecommunication links
- The two sides agree that they shall not follow or tail patrols of the other side in areas where there is no common understanding of the line of actual control
- In case a doubtful situation arises with reference to any activity by either side in border areas where there is no common understanding of the line of actual control, either side has the right to seek a clarification from the other side.
- The Chinese and Indian armies have agreed to not use unmanned aerial vehicles at the friction points in eastern Ladakh along the Line of Actual Control (LAC)
Belt and Road Initiative (BRI)
- China proposed the Belt and Road Initiative (BRI), erstwhile One Belt One Road, in 2013 to improve connectivity and cooperation on a transcontinental scale.
- Bangladesh-China-India-Myanmar Economic Corridor (BCIM) is not part of initiative after India's reservations over China's expansion
- CPEC : India opposes it as the road is bound to pass through Gilgit-Baltistan
- East China sea
- Senkaku Islands / Diaoyu Islands - disputed island between Japan and China
- East China sea
- June, 20
- border talks
- July, 20
- Pakistan committed to completion of CPEC
- Japan accuses China for sending its ships to Senkaku Islands
- India has a trade deficit of $50 billion with China.
- Pinaka multi-barrel rocket launcher (MBRS) (Mk-I and Mk-II) : Free-flight artillery rocket with different types of warhead & fuzes, a multi-tube launcher vehicle, a replenishment-cum-loader vehicle, a replenishment vehicle and a command post vehicle. Mk-I has a range of 38km, and Mk-II has a range of 60km.
- PINAKA Ammunition Support Vehicles : Loader cum Replenishment Vehicle (LCR) designed as Logistics Support Vehicles for Pinaka Multi Barrel Rocket System (MBRS)
- Long Range Land Attack Missile Systems (LRLACM)
- Indigenous, low altitude, sub sonic missile to be developed by DRDO.
- It will have a range in excess of 1,000 km and will be launched from a UVLM (Universal Vertical Launcher Module) of BrahMos.
- Astra Missiles
- ASTRA is a Beyond Visual Range (BVR) class of Air-to-Air Missile (AAM) system designed to be mounted on fighter aircraft
- Developed by DRDO, the missile is designed to engage and destroy highly manoeuvring supersonic aircraft. The missile has all weather day and night capability.
- The missile is being developed in multiple variants to meet specific requirements.
- S-400 Triumf / Growler
- Russian origin, to deliver by 2021 end
- Surface to air missile, with range of 250 km and capable of intercepting ballistic missiles across a 60 km radius.
- Indo-Russian joint venture
- Medium range (300km) ramjet supersonic cruise missile. Can be launched from submarines, jets or land
- The missile works on fire and forget principle. It is a two-stage missile with a solid propellant booster engine as its first stage which brings it to supersonic speed and then gets separated. The liquid ramjet or the second stage then takes the missile closer to 3 Mach speed in cruise phase