News: July 26, 2020

Sub: Politics
Topic: Judiciary
Weightage:
Category: Prelims & Mains

 

News: 1/5

Codes And Articles In Focus

Articles

  • States
    • Nagaland
      • 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
  • Environment
    • 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.
  • Governor
    • 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

Codes

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

[In News]

  • 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

Sub: Economics
Topic: Development Energy and Resources
Weightage:
Category: Prelims & Mains

 

News: 2/5

Electricity

Acts

Electricity Act, 2003

  • The Act delicenses power generation completely (except for all nuclear and hydro-power projects over a certain size).
  • As per the Act, 10 per cent of the power supplied by suppliers and distributors to the consumers has to be generated using renewable and non-conventional sources of energy so that the energy is reliable.
  • Setting up State Electricity Regulatory Commission (SERC) has been made mandatory
  • Central government to prepare National Electricity Policy and Tariff Policy.

Draft Electricity (Amendment) Bill, 2020

  • Power tariff to be determined with no subsidy component
  • Opens power distribution to franchisee and sub-licensee business
  • Setting up a new regulatory body, Electricity Contract Enforcement Authority, for resolving disputes. Also Appellate Tribunal of Electricity to have powers similar to that to a Civil Court

Bodies

Central Electricity Regulatory Commission (CERC)

CERC is a statutory body under Ministry of Power, functioning as per Electricity Act 2003.

 

Power projects in focus

Hydro project

  • Kholongchu Hydro Enery project - First ever 50:50 joint venture project between India and Bhutan in Trashiyangtse, Bhutan, to be completed by 2025
  • Etalin Hydropower Project - On going project in dibang valley, Arunachal Pradesh

Solar project

  • Rewa Ultra Mega Solar - 750 MW solar power project in Rewa district, Madhya Pradesh

[In News]

  • June, 20
    • States and power sector workforce protesting against privatisation and subsidy removal in new Draft Electricity Amendment Bill
  • July, 20
    • CERC proposes to ease norms for renewable energy projects

Sub: Society
Topic: Human Development Poverty and Employment
Weightage:
Category: Prelims & Mains

 

News: 3/5

Mahatma Gandhi National Rural Employment (MGNREGA)

National Rural Employment Guarantee Act, 2005

Enacted in 2005, the Act guarantees the "right to work" to by providing 100 days of guaranteed wage employment in a financial year to every rural household whose adult members are willing to do unskilled manual work.

Salient features of MGNREGA:

  • Gram Panchayat after due verification will issue a Job Card within 15 days of application
  • Employment will be given within 15 days of application for work, if it is not then daily unemployment allowance as per the Act, has to be paid. Liability of payment of unemployment allowance is of the States
  • Work should ordinarily be provided within 5 km radius ofthe village. In case work is provided beyond 5 km, extrawages of 10% are payable to meet additionaltransportation and living expenses.
  • At least one-third beneficiaries shall be women
  • Funding
    • Centre to bear entire cost of wages of unskilled labours, 75% cost for material and wages of skilled/semi-skilled labours (states to bear rest 25%), and administrative expenses
    • States to provide unemployment allowance payable in case the StateGovernment cannot provide wage employment on time. States should also provide administrative expenses of State Employment Guarantee Council.
    • Districts to have dedicated accounts for MGNREGA funds.

[In News]

  • June, 20
    • Record job generation in Odisha’s Nabarangpur under MGNREGA
  • July, 20
    • 8.4 lakh poor households have completed at least 80 days of the 100-day limit for work under the MGNREGS and 1.4 lakh among those have completed the full quota
    • 12 districts have crossed annual NREGA work in 4 months.

Sub: Politics
Topic: Executive
Weightage:
Category: Prelims & Mains

 

News: 4/5

Intellectual Property Rights

Acts

The Patents Act, 1970

The Patents Act 1970, and Patents Rules 1972 replaced the Indian Patents and Designs Act 1911. Patents Rules 1972  was formed under Section 159 of the Patents Act, 1970 empowering Central Government to make rules and regulate patents. The Act was largely based on the recommendations of the Ayyangar Committee Report. Since 1970 the Act has been amended 4 times to make it TRIPS compliant, with last amendment done in 2005. Salient features include:

  • Patents are not allowed in relation to - atomic energy, agriculture methods, algorithms, artistic work, traditional knowledge, manufacturing process
  • Allows patent in deposit of microorganisms in compliance to Budapest Treaty, 1977
  • A patent is granted for a term of twenty years from the date of filing
  • The definition of "invention" was made in conformity with the provisions of TRIPS Agreement by introducing the concept of inventive step, thereby enlarging the scope of invention.
  • Section 39 prohibits Indian residents to apply for patent outside the country without getting permission
  •  Section 92 of the Act enables grant of compulsory licensing in circumstances of national emergency or extreme urgency

Trade Related Intellectual Property Rights system (TRIPS)

  • TRIPS Agreement was formulated in 1995, to bring basic level of harmonisation in Intellectual Property Right laws all over the world.
  • All WTO members are obliged to comply with the TRIPS Agreement. India is a signatory to the TRIPS Agreement 
  • TRIPS Agreement sets minimum levels of several types of intellectual property (IP) protection, including copyright, trademarks, patents, industrial design, and trade secrets protection. 
  • It requires WTO Members to provide protection for a minimum term of 20 years from the filing date of a patent application
  • For permitting sale of a pharmaceutical product, pharmaceutical companies should submit data demonstrating the safety, quality and efficacy of the product
  • Articles
    • Article 22 of TRIPS stipulates all government to provide legal opportunities to the owner of GIs registered in the countries
      • However there is no provision for multilateral registration of GIs

[In News]

  • Section 92 of Patents Act - COVID drug licensing and affordability

Sub: History
Topic: Art & Culture
Weightage:
Category: Prelims & Mains

 

News: 5/5

Geographical Indications

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. n order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin

  • GI registration is done by 'Registrar of Geographical Indications' under Geographical Indications of Goods (Registration and Protection) Act, 1999 (the GI Act) 
    • The Act was devised to bring compliance under Article 22 of TRIPS; and India's obligations as WTO member
    • Unlike TRIPS which has special provisions for wines and spirits through Article 23, the 1999 Act does not differentiates any special class of products
  • A Geographical Indication is registered for a period of 10 years and the registration may be renewed from time to time for a period of 10 years at a time
  • Infringement of Geographical Indications invites imprisonment of six months to 3 years, and penalty upto 2 lakhs.
  • By registering a geographical indication in India, the rights holder can prevent unauthorized use of the registered geographical indication by others by initiating infringement action by way of a civil suit or criminal complaint
  • Registration of the GIs in India is not mandatory as an unregistered GI can also be enforced by initiating an action of passing off against the infringer

GI tags in focus

  • Kashmir Saffron
    • Kashmir saffron grows at high altitude (>1500 metres)
    • Has unique characteristics like longer and thicker stigma, natural deep-red colour, high aroma, bitter flavor
  • Araku coffee
    • GI tag in 2019
    • Araku coffee is produced by the tribals in Araku region of Andhra Pradesh, following an organic approach in which they emphasise management practices involving substantial use of organic manures, green manuring and organic pest management practices

[In News]

  • July, 20
    • Kashmir saffron gets GI tag
  • Aug, 20
    • Arakunomics: Rockefeller Foundation has selected Hyderabad-based non-profit, Naandi Foundation, as one of the ‘Top 10 Visionaries’ in the world for the Food Vision 2050 Prize. Arakunomics is an  integrated economic model that ensures profits for farmers, quality for consumers through regenerative agriculture

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