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Darpan News Analysis , 27 Nov 2018

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Items at a glance

GENERAL STUDIES II

  • Prevention Of Corruption Act.
  • Article 370.

GENERAL STUDIES III

  • National Disaster Management Authority.

FACTS FOR PRELIMS

  • Logix India 2019.
  • Logistics Performance Index.

 

GENERAL STUDIES II

 Topic

  • Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.

 PREVENTION OF CORRUPTION ACT

News

  • Supreme Court seeks response on NGO’s challenge to two months.

 Major highlights

  • The Supreme Court ordered the government to respond to a petition challenging two amendments to the Prevention of Corruption Act.
  • The amendments were the introduction of Section 17A by which prior permission for investigation of corruption offences was required from the government. And section 13(1) (d) (ii) criminal conduct.
  • The latter provision had earlier made it an offence for a public servant to abuse his position to give pecuniary or other advantage to a third party.

QUICK RECAP

Prevention of Corruption Act

  • The Lok Sabha passed the Prevention of Corruption (Amendment bill) 2018 that seeks to punish bribe givers and bribe takers.
  • Bill provides for jail terms of three to seven years, besides fine, to those convicted of taking bribes and those offering illegal gratification.
  • The Bill also extends the ambit of public servants who will be protected by the prior government sanction for prosecution.

Key features

  • Giving bribe is a specific and a direct offence.
  • Those convicted of taking bribes can be imprisoned for three to seven years besides being fined under the provisions of the bill.
  • Bribe-givers have also been included in the legislation for the first time and they can be punished with imprisonment for up to seven years, a fine or both.
  • It makes a provision for providing protection to ‘coerced’ (forced to pay a bribe) bribe-givers if the matter is reported to the concerned law enforcement agencies within a week.
  • The Bill has removed the provision which protected a bribe-giver from prosecution for statements made by him/her during corruption trials.
  • The Bill also redefines criminal misconduct and will now only cover misappropriation of property and possession of disproportionate assets.
  • The Bill proposes a ‘shield’ for government servants, including those retired, from prosecution by making it mandatory for investigating agencies such as the Central Bureau of Investigation to take prior approval from a competent authority before conducting an enquiry against them.
  • However, it states that such permissions shall not be necessary for cases involving the arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person.
  • Another relief that the Bill provides to a public servant is that in any corruption case against him or her, the factor of “undue advantage” will have to be established.
  • According to the Bill, the trial in cases pertaining to the exchange of bribe and corruption should be completed within two years. Further, even after reasoned delays, the trial cannot exceed four years.
  • The Bill covers bribe-giving commercial organisations to be liable for punishment or prosecution. However, charitable institutions have been left out of its ambit.
  • According to PRS Legislative Research, the Bill provides powers and procedures for the attachment and forfeiture of a corruption-accused public servant’s property.

 Recent news

 

Topic

  • Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
  • Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.

 ARTICLE 370

News

  • The Supreme Court on declined to entertain a fresh petition challenging Article 370.

Article 370

  • Article 370 of the Indian constitution is a temporary provision which grants special autonomous status to Jammu and Kashmir.
  • Under Part xx1 of the Constitution of India which deals with “Temporary, Transitional and Special Provisions” the state of Jammu and Kashmir has been accorded special status under Article 370.
  • All the provisions of the Constitution which are applicable to other states are not applicable to Jammu and Kashmir.

Provisions under Article 370

  • According to Article 370 of the constitution except for defence, foreign affairs finance and communications, Parliament need the state government concurrence for applying all laws.
  • Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights as compared to other Indians.
  • As a result, Indian citizens from other states cannot purchase land or property in Jammu and Kashmir.
  • Under Article 370 the centre has no power to declare financial emergency under Article 360 in the state.
  • It can declare emergency in the state only in case of war or external aggression.
  • The Union government cannot declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.

Why Article 370 must go

  • Undermine the authority of Indian government:
    • Laws made by the Indian Parliament are not applicable in J&K unless ratified by the state government.
  • Lack of uniformity:
    • J&K has its own constitution, flag and dual citizenship for residents.
    • Even the fundamental rights of the J&K resident are different from that of other Indian citizens.
  • Limitations on emergency power:
    • The President of India has no power to suspend the J&K state government even in case of an emergency.
  • Non applicability of laws:
    • Most central laws like Right to Education (RTE), Right to Information (RTI), provisions related to CAG audit, fiscal laws like Finance Act 1994 (related to service tax), wealth tax and so on are not applicable to J&K.
  • Violation of women rights:
    • If a Kashmiri woman marries an outsider then she loses her citizenship but it doesn’t apply if a man marries an outsider.

Recent news

 

GENERAL STUDIES III

 Topic

  • Conservation, environmental pollution and degradation, environmental impact assessment Disaster and disaster management.

NATIONAL DISASTER MANAGEMENT AUTHORITY

News

  • Ministry of State for Home Affairs inaugurated 14th formation day of National Disaster Management Authority.

National Disaster Response Force

  • National disaster response force is a specialised force constituted “for the purpose of specialist response to a threatening disaster situation or disaster under the Disaster management Act 2005.
  • The Apex body for Disaster management in India is the National Disaster Management Authority.
  • The Chairman of the NDMA is the Prime Minister.

 National Disaster Management Authority

  • National Disaster Management Authority is an agency of the Ministry of Home Affairs whose primary purpose is to coordinate response to natural or man-made disasters and for capacity building in disaster resiliency and crisis response.
  • NDMA was established through the Disaster Management Act enacted by the Government of India.
  • The Prime Minister is the ex officio chairperson of the same.
  • The agency is responsible for :
    • Framing policies.
    • Laying down guidelines.
    • Adopting best practices.
    • Coordinating with the State Disaster Management Authorities to ensure a holistic an distributed approach to disaster management.
  • NDMA is operationally organized in to the following divisions:
    • Policy and Planning.
    • Operations & Communications.
    • Capacity Building.

Recent news

 

FACTS FOR PRELIMS

 LOGIX INDIA 2019

About

  • Union Ministry of Commerce & Industry and Civil Aviation has launched the logo and brochure of Logix India 2019.
  • Logix India will enable effective international trade logistics and help to provide efficient and cost effective flow of goods on which other commercial sectors depend.
  • It is organized by the Federation of India Export Organisations (FIEO) as a major initiative to improve logistics cost effectiveness and operational efficiencies for India’s global trade.

Recent news

 

LOGISTICS PERFORMANCE INDEX

About

  • The Logistics Performance Index is an interactive benchmarking tool created to help countries identify the challenges and opportunities they face in their performance on trade logistics and what they can do to improve their performance.
  • The LPI 2018 allows for comparisons across 160 countries.
  • The LPI is based on a worldwide survey of operators on the ground (global freight forwarders and express carriers), providing feedback on the logistics “friendliness” of the countries in which they operate and those with which they trade.
  • They combine in-depth knowledge of the countries in which they operate with informed qualitative assessments of other countries where they trade and experience of global logistics environment.
  • The LPI consists therefore of both qualitative and quantitative measures and helps build profiles of logistics friendliness for these countries.
  • It measures performance along the logistics supply chain within a country and offers two different perspectives: international and domestic.

Recent news

 

 

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