News: July 27, 2020
- Pangong Tso lake
- Lonar lake
- Lonar lake in Buldhana district had turned pink.
- CSIR-NEERI and Geological Survey of India will give their findings in 4 weeks, about glass formation on surface of lake
- As per study by Pune based institute, the pink coloration is due to Haloarchaea or halophilic archaea bacteria. the bacteria is found in salt saturated water bodies. The coloration is supposed to be temporary
- Lonar lake
- Brahmaputra River
- Originates from Angsi glacier near Mansarovar Lake, and enters India along the eastern side of Namcha Barwa mountains
- Tributaries : Subansiri, Bhareli, Manas, Sankos, Jaldhaka, Tista on right bank; Dibang, Lohit, Dhansiri, Kolong on left bank
- Indus River
- Shyok River - Flows through northern Ladakh and enters Gilgit Baltistan. Originates in Siachen Glacier
- Ghaghra River
- Kali River (Mahakali, Sharda) - originates in the Pithoragarh district in Uttarakhand, and flows along western boundary of Nepal. Dudhwa National Park in Uttar Pradesh lies in its basin
- Ghaghra River
East flowing rivers
- Largest river of peninsular India, it rises in Western Ghats near Nasik.
- Major tributaries from left are Purna, Maner, Penganga, Pranhita (the combined Wardha and Wainganga), Indravati, Tal, and Sabri. Major tributary from right is Manjira
- The delta is characterized by extensive mangrove swamps, mud-flats, lagoons and barrier splits
- Originates in Western Ghats near Mahabaleshwar
- Major tributaries: Bhima, Tungbhadra
- Tungbhadra: Tungabhadra River is formed by the confluence of the Tunga River and the Bhadra River at Koodli which flow down the eastern slope of the Western Ghats in Karnataka. It joins Krishna River near Alampur Village in Telangana near Sangameshwara temple and Jogulamba temple
- Dams - Nagarjuna Sagar dam
- The delta is characterized by extensive mangrove swamps, mud-flats, lagoons and barrier splits
West flowing rivers
- Sharavathi - West flowing river, which originates and flows entirely within Karnataka, and it houses Jog Falls
- It originates from the Sivagiri peaks of Sundaramala in Tamil Nadu.
- Dams: Iduki dam, Mullaperiyar dam
- Tributaries - Muthirapuzha, Mullayar, Cheruthoni, Edamala, Chalakudy
- The river has its origin in the Anamalai region of Tamil Nadu. The river hosts Athirappilly hydroelectric project
- Nag river - The river gives Nagpur city its name, and originates in Lava hills. There is a lobby which places its origin further below at Ambazari dam, so as to carry with industrialization in upper stretch.
- June, 20
- Union government is going to take stock of water utilisation from the Krishna and Godavari rivers following Telangana to assess whether there will be surplus water for new projects
- July, 20
- Nagpur Bench of the Bombay High Court takes note of pollution in Nag river.
- Aug, 20
- With a considerable increase in the water level in the Mullaperiyar dam following heavy rain, Kerala has asked Tamil Nadu to initiate urgent measures to keep the storage in the dam at a manageable level
- Heavy rainfall in Krishna, Bhima, Tungabhadra basin areas of Maharashtra is expected to increase inflows to various dams and barrages in the neighbouring state.
- FDI is allowed through automatic route in most of the sectors, however government approval is certain areas such as defence, telecom, media, pharmaceuticals and insurance. FDI is permitted through 4 routes:
- Category 1- Sectors in which FDI is permitted up to 100% under automatic route
- Category 2- Sectors in which FDI is permitted up to 100% under Government Route
- Category 3- Sectors in which FDI is permitted beyond certain limit with Government
- Category 4- Sectors wherein FDI is permitted up to certain limit under both Government and Automatic routes subject to applicable laws
- Under the government route, foreign investor has to take prior approval of respective ministry/ department. Through automatic approval route, the investor just has to inform the RBI after the investment is made.
- FDI is prohibited in gambling; lottery; private sectors like railiways, atomic energy; Retails trading (expect single-brand product retailing); chit fund, Nidhi companies; real estate; tobacco; and agriculture
- FDI in agriculture is however allowed in - floriculture, horticulture, apiculture, cultivation of vegetables and mushrooms under controlled conditions, the development and production of seeds & planting materials, animals husbandry, viniculture & aquaculture under controlled conditions, and services related to the agro and allied sector
- Any Non-resident individual (NRI) / Entity can invest subject to FDI policy (except in prohibited sectors). NRI resident in and Citizens of Nepal & Bhutan are permitted to invest on repatriation basis
- Investment on repatriation basis means investment whose sale and profits are eligible to be repatriated out of India after paying taxes
- Investments by entities from countries that share a border with India will now require a clearance from the Centre.
- Transfer of ownership of any existing or future FDI in any entity in India, directly or indirectly, subject to restrictions will require a clearance from the Centre.
- As per World Investment Report 2020 by UNCTAD, India jumped from 12th position in 2018 to 9th position in 2019
- As per data from DPIIT, in 2020 India received highest FDI inflows from Singapore, Mauritius, Netherlands, USA and Japan. Most of the FDI was in services, software and hardware, trading, telecommunications, and tourism
- India slipped out of the Kearney’s FDI Confidence Index 25-country list in 2020, previously it was in 16th spot in 2019
Foreign Exchange Regulation Act, 1973 (FERA)
In 1947, Foreign Exchange Regulation Act, was enacted temporarily. The mood in country was to keep out any sort of foreign dominion. However after initiation of a process of rapid industrialisation, there was a need to conserve foreign exchange reserves, as exports were not picking up and imports were surging, creating severe balance of trade and balance of payment crisis. As a result FERA was legalized in 1973
- Any offence under FERA was a criminal offence liable for imprisonment.
- RBI could authorize an entity to deal in foreign exchange, and had the power to revoke the authorization in case of non-compliancy
- Only "authorized dealer" could transact in foreign currency.
- Foreign exchange could only be used for a particular purpose, any excess had to be sold back to "authorized dealer"
- An appeal against the order of "Adjudicating office", lied before before High Court
Foreign Exchange Management Act, 1999 (FEMA)
Post liberalization, the government was under pressure to for a softer and liberal approach, and hence the draconian FERA was repealed in 1998 and replaced by FEMA. RBI and centre continued to be regulatory bodies, and Enforcement Directorate continued to be the enforcer of provisions of law but their power was reduced to a great extent
- Definition of Authorized person was widened to include banks, money changes, off shore banking Units
- Any offence under FMRA was a civil offence, and liable for imprisonment only on failure of payment of penalty
- Appeal against the order of Adjudicating Authorities and special Director (appeals) lied before "Appellate Tribunal for Foreign Exchange."
- July, 20
- About 200 investment proposals from China are awaiting security clearance from the Ministry of Home Affairs (MHA) after new rules were notified April under FEMA, making prior government approval mandatory for foreign direct investments (FDI) from countries which share a land border with India.
- Notification on 74% FDI in defence soon. 100% FDI in Air India for NRIs
The Constitution of India provides Fundamental Rights under Chapter III (Articles 12 to 35), classified under the six categories: Right to Freedom, Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies
Right to Equality (Article 14 to 18)
Article 14 - Equality before law
A State cannot discriminate against a citizen on the basis of religion, race, caste, sex or place of birth
Article 15 - Prohibition of discrimination
- Article 15(1): State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- However these cannot be only ground. (e.g. In military males are preferred because of their physical structure).
- Article 15(2): No citizen shall, on grounds of religion, race, caste, sex, place of birth, be subject to any restriction to access public places
- Article 15(3): Allows State for making any special provision for women and children
- Article 15(4): Allows State for making any special provision for the advancement backward classes, Scheduled Castes, and Scheduled Tribes
Article 16 - Equality of opportunity in matters of public employment
No citizen will, on the grounds only of religion, race, caste, sex, descent, place of birth, residence be ineligible for, or discriminated against in respect of any employment or office under the state
Article 17 - Abolition of Untouchability
Untouchability is abolished and its practice in any form is forbidden, and shall be an offence punishable in accordance with law
Article 18 - Abolition of titles
Article 18 provides that no title, not being a military or academic distinction, shall be conferred by the state. It prohibits citizen of India from accepting any title from any foreign state. It also forbids holding any office of profit or trust under the state, and from accepting without the consent of the president any title from foreign state
Right to Freedom (Article 19 to 22)
Article 19 - Freedom of Speech
Article 19 guarantees six basic freedoms:
- Article 19(1)
- Article 19(1) (a) - Right to Freedom of Speech and Expression: Freedom of expression includes the right to express one’s own as well as another’s views, and by any means. Reasonable censorship can be imposed in the interest of public order.
- Article 19(1) (b) - Right to Assemble peacefully and without arms: Right to form association does not carry to right to call strike. Confers right to form trade-unions. Parliament by law can restrict the arm forces, Para-military and police from forming association
- Article 19(1) (c) - Right to form Association or Unions
- Article 19(1) (a) - Right to move freely throughout the territory of India
- Article 19(1) (a) - Right to reside and settle in any part of the territory of India
- Article 19(1) (g) - Right to practice any profession or to carry on any occupation, trade or business: State can prescribe the qualification for occupation, and can monopolies any trade.
- Article 19(2): State can impose reasonable restrictions on clause (1) in the interests of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation or incitement to an offence
Article 20 - Protection Against Conviction of Offences
Article 20 safeguards certain rights in case of conviction for offences
- Ex post facto law: No person shall be convicted of any offence, except for violation of the law in force at the time
- Double Jeopardy: No person shall be prosecuted and punished for the same offence more than once.
- Self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
Article 21 - Right to Life
Article 21 provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. It was observed in Unni Krishnans case that Article 21 is the heart of Fundamental Rights. In Meneka Gandhi case the Supreme Court held that a law made by state which seeks to deprive a person of his personal liberty must prescribe a procedure for such deprivation which must be invalid if it violates the principle of natural justice.
Article 21 A - Right to Elementary Education
Article 21A of the Indian Constitution was added in 2002 in 86th Amendment. It guarantees the Right to Elementary Education to children between 6 to 14 years to get free education
Article 22 - Protection Against Arrest and Detention
- Article 22(1): This article provides that no person who is arrested shall be detained in custody without being informed of the grounds for such arrest. The Article also provides that no person can be denied the right to choose his legal practitioner of his choice.
- Article 22(2): Any person arrested and detained in custody has to be produced before the nearest magistrate within a period of 24 hours
- This is known as the Writ of Habeas Corpus (literally meaning to "produce the body"). However the writ can not be used for release of the person
- Article 22(3): The above two clauses (1) and (2) do not extend in case of - enemy aliens, and preventive detention
- Article 22(4): Preventive detention to not extend above three months unless an Advisory Board (consisting of High Court judges or persons that are eligible to become one) permits for extension before expiration.
- Article 22(7): Allows Parliament to make law for preventive detention beyond three months without obtaining the opinion of an Advisory Board
Right against Exploitation (23 to 24)
Right against exploitation prohibits all forms of forced labour as well as traffic of human beings. The violation of this provision is an offence punishable under law.
Article 23 - Prohibition of traffic in human beings and forced labour
- Traffic in human being and beggar and other similar form of forced labour are prohibited.
- The state can impose compulsory service for public purposes, and in imposing such service the state cannot make any discrimination on grounds only of religion, race, caste, or any of them
Article 24 - Prohibition of employment of children in factories
- No child below the age of fourteen year can be employed to work in any factory or mine or engaged in any other hazardous employment.
Right to freedom of Religion (Article 25-28)
Article 25 - Freedom to practice religion
Article 25 provides freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health. State can regulate religious activities; and provide for social reform and open Hindu religious institution of public character to all sections of Hindus
Article 26 - Freedom to manage religious affairs
This section guarantees following right to all religious group subject to public order, morality and health.
- Establish and maintain institution for religious and charitable purposes
- Subramanian Swamy’s petition: The right to management under Article 26 (Freedom to manage religious affairs) can only be claimed after the fact of establishment has been proved.
- Manage its own affairs in matter of religion;
- Own and acquire movable and immovable property;
- Administer such property with accordance of law.
Article 27 - Freedom as to payment of taxes for promotion of any particular religion
- A state cannot compel any citizen to pay any tax for promotion or maintenance of any particular religion or religious institution.
Article 28 - Freedom from religious worship in certain educational institutions
- No religious instruction can be provided in any educational institution wholly maintained out of state fund
- No person attending any educational institution recognised by the State or receiving aid out of State funds, required to take part in any religious instruction
Cultural and Educational Right (Article 29 to 30)
Article 29 - Protection of interests of minorities
- Article 29 provides that any section of citizen residing in India or any part of thereof having distinct language, script or culture of its own shall have right to conserve the same.
- No citizen shall be denied admission in any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them.
Article 30 - Right of minorities for educational institutions
- All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
- State shall not, in granting aid to educational institutions, discriminate against such educational institutions maintained by a minority group on grounds it is under the management of a religious community.
Right to Constitutional Remedies (Article 32-35)
Article 32 - Remedies for enforcement of rights
Right to Constitutional Remedies is guaranteed by Article 32. Dr. B.R. Ambedkar pointed Article 32 as "soul of the Constitution" and a "tree of fighting for other rights"
- Article 32 guarantees a person the right to move directly to the Supreme Court for the enforcement of his fundamental right. It gives an extensive original jurisdiction to Supreme Court in regard to enforcement of Fundamental Rights.
- The Article gives Supreme Court power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of fundamental rights
- It confers on Supreme Court as guarantor and protector of fundamental rights. Being the guarantor, the Supreme Court can not refuse to issue Writs.
- Writs are the formal written document bearing the name of the court, or other legal authority to do some act, abstain or refrain from doing something
- Article 139 states that the parliament can confer on Supreme Court to issue writs for any purpose outside the scope of Article 32, i.e. for other Constitutional and legal rights
- Article 226 gives High Court discretionary powers to issue writs for enforcement of all rights ( including fundamental rights, Constitutional rights and other legal rights). And Article 227 determines that every High Court shall have superintendence over all courts and tribunals in its relative territory.
- Article 32 can be suspended during emergency by President
- Article 33 empowers the Parliament to restrict or abrogate the application of the fundamental rights in relation to the armed forces, forces charged with the maintenance of public order, persons involved in intelligence and telecommunications
- Restriction on rights conferred while martial law is in force. The article gives indemnity by law in respect to acts done during operations of martial law.
- Constitution does not provide any definition of martial law, but Article 34 in implicit about imposition of martial law under the extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law
- Declaration of martial law does not automatically result in the suspension of the writ of habeas corpus
- Article 35 empowers only parliament, and not state legislature (even if under state list ), to give effect to certain specific fundamental rights to ensure uniformity throughout India.
- June, 20
- Article 21, 22 - Tamil Nadu custodial death
- Article 22 - Preventive detention of J&K leaders
- July, 20
- Article 19 - Supreme Court hearing against Prashant Bhushan on contempt of court for his tweets
- Aug, 20
- Article 26 - Subramanian Swamy’s petition in the Uttarakhand high court for state’s control of Hindu temples, challenging the validity of Uttarakhand Char Dham Devasthanam Management Act, 2019
- Article 19(2): Brinda Karat's petition against Anurag Thakur Parvesh Verma for their alleged hate speeches in connection with the anti-CAA protest at Shaheen Bagh
Motions and resolutions are procedural devices to raise a discussion in the House on a matter of general public interest. Motions can be moved by private members as well as Ministers. Every matter is determined in the House, by means of a question put from the Chair, on a motion made by a member and resolved either in the affirmative or negative. Notice of a motion to discuss is given in writing to Secretary-General. No period of notice has been prescribed in regard to such motions nor do they require any seconder
It is the Business Advisory Committee which selects the motion(s) for discussion in the House according to the urgency and importance of the subject and allots time for the same. Discussion takes place only with the consent of the Speaker or the Chairman of the House, as per Rule 184 of Lok Sabha. All motions are classified under three categories:
- Substantive Motions: A substantive motion is a self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House. All resolutions come under the category of substantive motions but all motions are not resolutions.
- Substitute Motions: Motions moved in substitution of the original motion.
- Subsidiary Motions: They depend upon or relate to other motions or follow upon some proceedings in the House. They by themselves have no meaning and are not capable of stating the decision of the House without reference to the original motion. Subsidiary Motions are further divided into three classes:
- Ancillary Motions: They are motions which are recognized by the practice of the House as the regular way of proceeding with various kinds of business.
- Superseding Motions: They are motions which, though independent in form, are moved in the course of debate on another question and seek to supersede that question.
- Amendments.: They are subsidiary motions which interpose a new process of question and decision between the main question and its decision.
Types of motions
- Adjournment Motion: A motion for an adjournment of the business of the House, for the purpose of discussing a matter of urgent public importance is made with the consent of the Speaker. . Notice of an adjournment motion is required to be given before 10 am on the day on which the motion is proposed. If the adjournment motion is accepted, the House adjourns after voting.
- Call-Attention Motion: The concept of ‘Calling Attention’ is of Indian origin. A member may, with the previous permission of the Speaker, call the attention of a Minister to any matter of urgent public importance by moving a motion. TNo member can give more than two such notices in one sitting
- Censure Motion: Censure motion is moved by the opposition against a specific policy of the government, or against a minister, or against the whole council of ministers. It can be moved in Lok Sabha only. If the censure motion is passed, the Council of ministers is bound to seek the confidence of the House as early as possible.
- Cut Motions: A motion that seeks reduction in the amount of a demand presented by the government is known as a cut motion. There are three types of Cut Motion:
- Disapproval of Policy Cut:
- Economy Cut: Asks for a reduction of the amount of the demand by a specific amount
- Token Cut: For specific grievances under government’s responsibility, and usually deals with small reduction in the demand.
- No Confidence Motion: A motion of no confidence can be moved against the Council of Ministers only, and not an individual MP. If the lower house rejects a bill proposed by a member of the Council of Ministers, it is equivalent to a no-confidence motion. Unlike Censure motion, there is no need to specify any reason. A debate takes place only if fifty or more MPs rise in support of it. The council of minister must resign if the motion is passed.
- Privilege motion: A motion moved by a member if he feels that a Minister has committed a breach of privilege of the House or of any one or more of its members by withholding the facts of a case or by giving a distorted version of facts etc.
- July, 20
- Privilege motion: Privilege motion against CM Ashok Gehlot
- No-confidence motion: No-confidence motion in Manipur assembly