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Fundamental rights need NCERT | Polity | Indian constitution detailed series - 2

Posted on February 19, 2021

Fundamental rights needs NCERT | Polity | Indian constitution detailed series - 2

Articles 14-35 of Indian Constitution deal with Fundamental Rights. These rights are conferred upon the citizens of India for the Constitution tells that these rights can not be violated in any condition. You can click here to understand the basics of Indian constitution.

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32-35)

Need of fundamental right Example 1 - Asian Games

In 1982 during the construction work for Asian Games the government engaged a few contractors. These contractors employed a large number of very poor construction workers from different parts of the country to build the flyovers and stadiums. These workers were kept in poor working conditions and were paid less than the minimum wages decided by the government.

A team of social scientists studied their poor condition and petitioned the Supreme Court. They argued that employing a person to work for less than the minimum prescribed wage amounts to begar or forced labour, which is a violation of the Fundamental Right against exploitation. The court accepted this plea and directed the government to ensure that thousands of workers get the prescribed wages for their work.

Need of fundamental right Example 2 - Machal Lalung

Machal Lalung was 23 when he was arrested. A resident of Chuburi village of Morigaon district of Assam, Machal was charged of causing grievous injuries. He was found mentally too unstable to stand trial and was sent as under trial to Lok Priya Gopinath Bordoloi Mental Hospital in Tejpur for treatment.

Both these examples show the importance of having rights and of the actual implementation of these rights. A democracy must ensure that individuals have certain rights and that the government will always recognise these rights. Therefore it is often a practice in most democratic countries to list the rights of the citizens in the constitution itself.

Indian constitution in Indian polity series articles

WHY WE NEED CONSTITUTION - INDIAN CONSTITUTION DETAILED SERIES - 1

Why we need constitution - Indian constitution detailed series - 1

Posted on February 15, 2021

Why we need a constitution (in detail)

What is a constitution ? What are its functions ? What role does it perform for a society ? How does a constitution relate to our daily existence ? Just go through these basics. Answering these questions is not as difficult as you might think.

Constitution allows coordination and assurance

Imagine yourself to be a member of a reasonably large group. Further imagine that this group has the following characteristics. The members of this group are diverse in various ways. They have different religious allegiances: some are Hindus, some are Muslims, some Christians and some perhaps profess no religion at all. They are also varied in many different respects: they pursue different professions, have different abilities, have different hobbies, different tastes in everything from films to books. Some are rich and some are poor. Some are old, some young.

Imagine further that members of this group are likely to have disputes over various aspects of life: How much property should one be allowed to own? Should it be compulsory that every child be sent to school or should the parents be allowed to decide? How much should this group spend on its safety and security? Or should it build more parks instead? Should the group be allowed to discriminate against some of its members? Every question will elicit a variety of answers from different people.

But, for all their diversity, this group has to live together. They are dependent upon each other in various ways. They require the cooperation of each other. What will enable the group to live together peacefully?

One may say that perhaps members of this group can live together if they can agree on some basic rules. Why will the group need certain basic rules? Think of what would happen in the absence of some basic rules. Every individual would be insecure simply because they would not know what members of this group could do to each other, who could claim rights over what. Any group will need some basic rules that are publicly promulgated and known to all members of that group to achieve a minimal degree of coordination.

But these rules must not only be known, they must also be enforceable. If citizens have no assurance that others will follow these rules, they will themselves have no reason to follow these rules. Saying that the rules are legally enforceable gives an assurance to everybody that others will follow these, for if they do not do so, they will be punished.

So The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.

Specification of decision making powers

A constitution is a body of fundamental principles according to which a state is constituted or governed. But what should these fundamental rules be? And what makes them fundamental? Well, the first question you will have to decide is who gets to decide what the laws governing the society should be? You may want rule X, but others may want rule Y. How do we decide whose rules or preferences should govern us? You may think the rules you want everyone to live by are the best; but others think that their rules are the best. How do we resolve this dispute? So even before you decide what rules should govern this group you have to decide: Who gets to decide? The constitution has to provide an answer to this question. It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be.

In principle, this question, who gets to decide, can be answered in many ways: in a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide. But this matter is not so simple. Because even if you answer that the people should decide, it will not answer the question: how should the people decide? For something to be law, should everyone agree to it? Should the people directly vote on each matter as the ancient Greeks did? Or should the people express their preferences by electing representatives? But if the people act through their representatives, how should these representatives be elected? How many should there be?

So The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.

Limitations on the powers of government

Constitutions limit the power of government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. The exact content and interpretation of these rights varies from constitution to constitution. But most constitutions will protect a basic cluster of rights. Citizens will be protected from being arrested arbitrarily and for no reason. This is one basic limitation upon the power of government. Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc. In practice, these rights can be limited during times of national emergency and the constitution specifies the circumstances under which these rights may be withdrawn.

So the third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them.

Aspirations and goals of a society

Most of the older constitutions limited themselves largely to allocating decision-making power and setting some limits to government power. But many twentieth century constitutions, of which the Indian Constitution is the finest example, also provide an enabling framework for the government to do certain positive things, to express the aspirations and goals of society. The Indian Constitution was particularly innovative in this respect. Societies with deep entrenched inequalities of various kinds, will not only have to set limits on the power of government, they will also have to enable and empower the government to take positive measures to overcome forms of inequality or deprivation.

So The fourth function of a constitution is to enable the government to fulfil the aspirations of a society and create conditions for a just society.

Food for thought

The constitution makers have to address themselves to very different aspirations. Here is Nehru trying to balance between different visions and ideologies. Can you identify what these different groups stand for? Who do you think prevailed in this balancing act?
The writing of the new Iraqi constitution after the collapse of Saddam Hussein's regime saw a lot of conflict between different ethnic groups in the country. What do these different people stand for? Compare the conflict depicted here with that depicted in earlier cartoons for the European Union and India.
Countries of the European Union tried to create a European constitution. The attempt failed. Here is a cartoonist’s impression of this attempt. Does this always happen in any constitution making?

Why we need a constitution and Functions of constitution

India Relations with Myanmar

Posted on February 11, 2021

Introduction:

India and Myanmar recently carried out a comprehensive review of their multi-faceted relationship that is underpinned by deepening cooperation in areas of trade and investment, power, energy and healthcare.
Myanmar is one of India’s strategic neighbours and shares a 1,640-km-long border with a number of northeastern states.
India attaches its partnership with Myanmar in accordance with its ‘Neighborhood First’ and ‘Act East’ policies.

Recent Developments

Both Delhi and Naypyidaw have been collaborating in the development of border areas under the India-Myanmar Border Area Development.
The recent announcement that India was transferring a Kilo-class submarine to Myanmar demonstrates the depth of their cooperation in the maritime domain.
India has reiterated its support for “ensuring safe, sustainable and speedy return of displaced Rohingya refugees” to Myanmar. Recently India announced the import of 150,000 tonnes of pulses from Myanmar till March 2021.
India also announced a grant of $2 million for building a bridge at Byanyu-Sarsichauk to ramp up economic connectivity between Mizoram and Myanmar.
The coastal-shipping agreement will allow Indian ships to reach Mizoram via Sittwe Port on the Bay of Bengal and through the Kaladan river multimodal link.
Myanmar appreciated India’s decision to provide debt service relief under the G-20 Debt Service Suspension Initiative.

India’s assistance to Myanmar

New Delhi is assisting Myanmar in areas such as information technology, agriculture, and infrastructure.
India and a few Asian countries have engaged Myanmar keeping in mind the need to reintegrate it with the region and world.
By engaging Myanmar, India provides alternative options to Myanmar and to reduce dependence on China.
India has also proposed to build a petroleum refinery in Myanmar. This is an indication of Myanmar’s growing significance in India.
With the expansion of training facilities and supply of defence equipment needed by the Myanmar military, India has consistently strengthened defence ties.
Capacity building has been accorded priority, with several new institutions set up for agricultural education, information technology and industrial training that have benefited Myanmar youth immensely.
India’s assistance in restoration of the Ananda Temple in Bagan and two temples in Bodh Gaya has been widely appreciated in Myanmar.
India’s timely help of medicines and equipment to fight the corona pandemic.
A number of Indian companies have also set up operations in Myanmar, including oil and gas players like the ONGC Videsh and GAIL.
India has also agreed to train Myanmar army officers and allow them to study at military academies in India

Importance of Myanmar to India

The strategic location of Myanmar is beneficial for India’s economic engagement as well as physical and social connectivity.
For India, Myanmar is key in linking South Asia to Southeast Asia and it becomes the focal point for New Delhi’s regional outreach.
To connect and develop India’s Northeast.

India’s Neighbourhood First Policy

Posted on February 11, 2021

• India’s Neighbourhood First Policy accords primacy to nations in India’s periphery, includes in its ambit the Bimstec—a grouping that includes almost all countries of South Asia and some in South-East Asia.

• It actively focuses on improving ties with India’s immediate neighbours. It is focused on cooperation based on needs and requirements of neighbouring countries. The policy is also driven by the principle of non-seeking reciprocity.

• India’s policy towards its immediate neighbourhood is based on efforts to build peace and cooperation in South Asia.

• Its neighbourhood first policy, accords primacy to nations in periphery with focus on encouraging trade, connectivity and people-to-people contact.

• India’s immediate neighbourhood directly impacts it geopolitically, geo-strategically and geo-economically because of its vicinity.

Thus, working with them is important for India to rise as a superpower. Emphasis must be on sustainable and inclusive development.

RIGHTS OF TRANSGENDER PERSONS BILL, 2015

Posted on May 31, 2016

Why in news?
 The ministry of social justice recently sent the draft bill on the ‘Rights of Transgender Persons Bill, 2015’ to the law ministry for finalization before it is sent to the cabinet for approval.
Background
 The legislation is modelled on the private members’ bill moved by Rajya Sabha MP Tiruchi Siva and passed by the Upper House on
April 24, 2015.
 The government then assured the House that it would bring its own law in Lok Sabha after “correcting infirmities” in Siva’s Bill.
Salient Provisions
 It provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the Transgender Persons and for their welfare to be undertaken by the State.
 The Bill provides recognition of transgender people before law and gives them rights and entitlements including reservation in education and government jobs under the OBC quota(except SC/ST).
 TRANSGENDER IDENTITY :
 Transgender should be declared as the third gender, and a Transgender Person should have the option to
identify as ‘man’, ‘woman’ or ‘transgender’ as well as have the right to choose any of the options independent of surgery/hormones.
 Only the nomenclature ‘transgender’ should be used and nomenclatures like ‘other’ or ‘others’ should not be used.
 Certificate to be provided by a state level authority that a person is a transgender person.
 RIGHTS AND ENTITLEMENTS:
 Government shall take all necessary steps to ensure that transgender persons enjoy the right and entitlements as given in Constitution of India on an equal basis with others.
 No child who is a transgender shall be separated from his or her parents on grounds of being a transgender except on an order of competent Court, if required in the best interest of the child.
 Government shall take all appropriate measures to prevent abuse, violence and exploitation against Transgender Persons.
 The bill calls for necessary amendments in IPC to cover the cases of sexual assault on Transgender Persons.
 Non discrimination
 The Bill also states that Government is duty bound to take appropriate steps in protecting rights of Transgenders and to ensure that they are not being discriminated against.
 No establishment shall discriminate against any Transgender Person in any matter relating to employment including but not limited to recruitment, promotion and other related issues.
 The Bill also has provisions regarding social security, health, rehabilitation & recreation, Education, skill development & employment of Transgenders.
Need
 The community which has around 6 lakhs population as per 2011 census had been neglected since a long time, will finally get its dues as citizens of our country.
 The Bill attempts to do cover all types of discrimination faced by the community and clearly lists them to avoid ambiguities. Provision for reservation and support through scholarships etc will help in their empowerment in true sense.
 Will create awareness among the people and sensitize them to be compassionate for the cause of the community and look at them with respect.

Private Member Bill
 Bills may be broadly classified into Government Bills and Private Members’ Bills depending upon their initiation in the House by a Minister or a Private Member.
 Every member of the parliament who is not a minister is called a private member.
 In Lok Sabha, the last two and a half hours of a sitting on every Friday are generally allotted for transaction of Private Members’ Business, i.e., Private Members’ Bills and Private Members’ Resolutions.
 The last Private Members’ Bill passed by Parliament

NEW FRAMEWORK FOR GRANTS - Centrally Sponsored Schemes (CSS)

Posted on May 31, 2016

Budget 2016–17 has made three important Provisions relating to central transfers to states.
Rationalization of Centrally Sponsored Schemes (CSS)
 Background
 Government of India through NITI Aayog constituted a subgroup of chief ministers for rationalizing and restructuring the CSS.
 It recommended that focus of the CSS should be on the schemes that comprise the National Development Agenda.
 It further recommended that the schemes be divided into “Core” and “Optional” schemes and amongst the Core Schemes those for social protection and inclusion should be called “Core of the Core”.
 The subgroup further recommended that the investment levels in the Core Schemes should be maintained so as to ensure that the optimum size of the programme does not shrink.
 New Framework for Grants in Budget 2016-17
 The government on the recommendation of the subgroup of chief ministers restructured the grants.
 As per the decision of Government, the existing funding pattern of schemes defined as 'core of the core' have been retained.
 The funding pattern of 'core' schemes, which also form part of the National Development agenda, will be shared 60:40 between the Centre and the States (90:10 for the 8 North Eastern States and 3 Himalayan states).
 In case a scheme/sub-scheme in the above classification that has a Central Funding pattern of less than 60:40, the existing funding pattern will continue.
 The other optional schemes will be optional for the State Governments and their fund sharing pattern will be 50:50 between the Centre and the States (80:20 for the 8 North Eastern States and 3 Himalyan States). Examples of such schemes are Border Area Development Programme, National River Conservation Plan, Shyama Prasad Mukherjee RURBAN Mission etc.
 In Union Budget 2016–17 the total number of CSS has been brought down to 28.

Core of the Core (6 Schemes)
 Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA)
 National Social Assistance Programme
 Umbrella Scheme for the Development of Scheduled Castes
 Umbrella Programme for Development of Scheduled Tribes (Tribal Education and Van Bandhu Kalyan Yojana)
 Umbrella Programme for Development of Backward Classes and other vulnerable groups
 Umbrella Programme for Development of Minorities (a) Multi Sectoral Development Programme for Minorities. (b) Education Scheme for Madaras and Minorities

Core (18 Schemes)
For example
 Green Revolution (a) Krishi Unnati Yojana (b) Rashtriya Krishi Vikas Yojana
 White Revolution - Rashtriya Pashudhan Vikas Yojna (Livestock Mission, Veternary Services and Dairy Development)
 Pradhan Mantri Krishi Sinchai Yojana
 Swachh Bharat Abhiyan
 National Health Mission (NHM)
 Integrated Child Development Services (Umbrella ICDS)
 Member of Parliament Local Area Development Scheme. etc

Devolution of taxes post the Fourteenth Finance Commission (FFC) award
 Tax devolution has witnessed a major jump in the total resource transfers to states due to the increase in tax devolution to 42% of the divisible pool.
 Aggregate transfer to states2 in 2016–17 is ₹9, 18,093 crore as compared to ₹8, 18,034 crore in 2015–16.

Effective outcome-based monitoring of implementation of schemes and doing away with the plan and non-plan expenditure distinction in the budget after the completion of the Twelfth Five Year Plan
 An exercise to rationalize Plan and Non Plan schemes of all Ministries and Departments had been undertaken.
 The existing programmes and schemes have been re-organized into outcome based Umbrella programmes and schemes to avoid thin spread of resources.

National Food Security Bill 2013 provisions summary, State Food Commissions

Posted on May 10, 2013

sschub - all newspapers are talking about nation food security bill 2013 so i think we should also. By the way, the bill is going to late. Here we read some basic provisions of bill, state food commission. before going ahead lets take a look why bill is going late. it will clear you some basic problems. ok lets move for national food security bill.

Why National Food Security Bill is being late ?

1: Fiscal Deficit

Government doesn’t have enough incoming money(Revenue) to buy so much foodgrain and give it to poor people at cheaper rate. It’d require approx Rs.2 lakh crores per year.
Consider it this way: one on side, Mohan wants to keep the minimum support price (MSP) high for the farmers. At the same time, he also wants to sell cheap food grain, so from whose pocket will the difference come out? Obviously tax-payers’.
But people cannot be taxed beyond a level. And Government’s outgoing money (Expenditure) is already high thanks to fuel, fertilizer subsidies and defense purchases.
One can look at the recent hike in petrol, LPG as a measure to reduce outgoing money, to make room for affording the Food security Act (or similar other scheme.)
Government tried to increase the incoming money by disinvestment (that is selling Government’s shares in PSUs) but investors are not interested in buying shares at high price, hence ‘money collection target’ is not achieved.

2: Identification of Beneficiaries

There is already disagreement between Planning Commission and various ministries over “who should get how much subsidized foodgrain.”
UPA wants the National Food security Act to have a “Comprehensive coverage” (=“marketing-shock–value” during elections).
For example Chhattisgarh Food security gives benefit to everyone except those who pay income tax/ property tax/ own big farm-land= 90% public covered, only 10% people are not-eligible. So this is wide coverage.
Similarly States such as Tamilnadu already have provision for very cheap food grains.
So, if beneficiary coverage is ‘small’ (e.g. only those earning less than Rs.3000/month are covered), then it won’t create the marketing shock valuefor elections.
Hence “wide-coverage” necessary but to do such ‘wide-coverage’ on a national-scale=>need truckload of cash, which central Government doesn’t have.
And if Government tries to implement food security without increasing its incoming money (Revenue), it’ll lead to huge fiscal deficit= other problems such as inflation, depreciation of rupee, decline in IIP etc. (more explained in earlier fiscal deficit article).
So Mohan will have to nit-pick on who should get how much cheap foodgrain = new survey, new ID cards need to be issued= lengthy and time consuming process, cannot be finished before 2014 Lok Sabha election.

3: lack Manpower and Administrative machinery

Chhattisgarh is a small state, so not very difficult to administer such food security scheme.
But for a country large as India, Central Government doesn’t have the infrastructure or manpower to implement Food security on its own.
And doing this food security work via State Government’s machinery = opens up room for all sort of corruption, leakages.
Therefore Mohan seems to have concluded that Food Security is an implausible idea in its present form. Better just to send money directly to bank accounts of poor people, rather than relying on State Administrative machinery to run a full-fledged food security Act.
Hence he recently announced “Direct cash transfer” prior to Gujarat, HP elections which basically hints that food security has taken a backseat for “Direct cash transfer” scheme.

3: Opposition party not supporting

yes. it is also a big reason.

National Food Security Bill introduction

becoz brainchild of Sonia Gandhi, so first it point to 2014 Lok Sabha election. but doesn't matter for upsc aspirants.
covers 67 per cent population (including 75 per cent rural and 50 per cent urban) for subsidised grains under the Public Distribution System (PDS)
support child/pregnant-women nutrition
will be linked to the Aadhar scheme which provides every citizen with a UID that's linked to a database that includes the biometrics of all card-holders

What for Pregnant and Lactating Women in National food security bill

Every pregnant and lactating mother is entitled to a free meal at the local anganwadi (during

pregnancy and six months after child birth) as well as maternity benefits (money) in installments.

What for Children in National food security bill

For children in the age group of 6 months to 6 years, the Bill
guarantees an age-appropriate free meal through the local anganwadi.
For aged 6-14 years, one free mid-day meal every day (except on school holidays) in schools.
Children who suffer from malnutrition will be identified through the local anganwadi and free meals will be provided to them through the local anganwadi.
at least two women in State Food Commission

Public Distribution System (TPDS) Reform

two types of households = Priority + Antyodaya
Priority households = 5 kgs of foodgrains per person per month, and Antyodaya
households = 35 kgs per household per month.
The combined coverage of both shall extend up to 75% of the rural population and up to 50% of the urban population

How Identification of Eligible Households

state-wise coverage of the PDS in terms of proportion of the rural/urban population.
Then numbers of eligible persons will be calculated from Census population figures.
The identification of eligible households is left to state governments. The lists of eligible households are to be placed in the public domain and displayed prominently by state government.

Set Up State Food Commissions

creation of State Food Commissions.
consist of a chairperson, five other members and a member-secretary (including at least two women and one member each from Scheduled Castes and Scheduled Tribes).
The main function of the State Commission = to monitor and evaluate the implementation of the
act, give advice to the states governments and their agencies, and inquire into violations of
entitlements (either suo motu or on receipt of a complaint).
State Commissions also have to hear appeals against orders of the District Grievance Redressal Officer and prepare annual reports to be laid before the state legislature.

District Grievance Redressal Officers

appointed by state governments for each district to hear complaints and take action according to norms prescribed by state governments.
If one is not satisfied he/she can go before the State Food Commission.

Also you can read more polity articles. if all articles are not shown there then click on older posts link in lower section of page.

Why Special Status to Jammu Kashmir Article - 370

Posted on April 14, 2013

sschub - UPSC asked some questions from special status and you know if UPSC asked once then it is important for State PSC and also a little for SSC like which state have special status and which article involves etc.

Historical Background (Accession Of J&K in India)

when J&K became independent from british rule, its rular decided not to join India or Pakistan and thereby remain independent.
After 2 months Azad Kashmir forces supported by Pak Army attacked border areas (now some of it called PoK) of J&K. So due to lack of its own Army and Weapons the rular decided to join India but signed a full bag of documents with Union of India.

What is Special Status ?

If all provisions of Union of India doesn't apply to a state then state is said to be has a special status.
these provision may be different for different states.
Article 370 gives J&K a special status while Article 371 has special provision for other 10 states which are Assam, Nagaland, Sikkim, Manipur, Mizoram, Goa, Andra, Arunachal, MH and Gujrat.

What is Union List and Concurrent List ?

Union Government is not powered to make laws on any subjects and similarly state legislative can't make laws on any subject. hence Our Constitution provided three lists named as Union List, Concurrent List and State List.
Union list = union gov can make laws on listed subjects without concurrence (nod) of state govts.
State list = state gov can make laws on listed subjects without concurrence of union govts.
But there are some subjects on which Union govt can make laws but required nod from state. this list called concurrent list.

So what is Special Status of J&K ?

because J&K Ruler surrendered only four matters (defence, external affairs, communication and ancilliary) to domination of India. hence Parliament is limited to make laws in Union List and Concurrent List for only those matters which falls under above four.
all of this required either consultation or concurrence of state govt.
Also some other provisions as specified by president with consultation or concurrence with J&K can be applied.
this concludes that although J&K has freedoms from some provision of Indian Constitution but President can extend other articles to state.

How J&K different from other states ?

Directive Principles of State Policy (DPSP) are not applied to J&K but applied to other states. DPSP = states are required to do some things for the welfare of community.
President can't declare financial emergency (salaries and allowances reduction etc.) in relation to J&K.
High Court of J&K can issue writs only for enforcement of Fundamental Rights.
Right to property is still guaranteed in J&K.
Permanent residents of J&K have some special fundamental rights.
Although Supreme Court, EC and CAG are applicable to J&K along with all other states.

What was J&K Autonomy Resolution ?

In a historical move J&K on June 2000 demanded following things from Union:
not apply Art 356 = President rule
no role of Election Commission
no room for All India Services (IAS, IPS, IFS in J&K) etc

Why J&K Autonomy Resolution rejected ?

but union cabinet rejected it saying that it would back the clock and old conditions will arise again which may harm to democracy. hence neither full nor event a part of this resolution can be accepted.

Mock Questions on Special Status of J&K

a. which article provide special status to J&K

Art 352
Art 356
Art 370
Art 14

b. which of following is/are true

only J&K has special status and its own constitution both.
10 others states also have special provision.
DPSP is applied to all states of India.
all are true.

c. which of following are true

High court of J&k can issue writs only for fundamental rights
SC, CAG are applicable to J&K but EC not applicable.
Art 371 provides special provisions for 10 other states.
both are true.

For more articles on polity click Polity

How was Constitutional Reforms in British India - UPSC

Posted on April 08, 2013

Regulating Act, 1773:

End of Dual govt.
Governor of Bengal to be the Governor – General of British territories of India.
Establishment of Supreme Court in Calcutta.

Pitts Act of 1784:

gave the British Government a measure of control over the company’s affairs.
company became a subordinate department of the State.

Act of 1786:

Governor General given the power to over-ride the Council and was made the Commander-in-chief also.

Charter Act of 1793:

Company given monopoly of trade for 20 more years.
laid the foundation of govt. by written laws, interpreted by courts.

Charter Act of 1813:

Company deprived of its trade monopoly in India except in tea and trade with China.

Charter Act of 1833:

End of Company’s monopoly even in tea and trade with China.
Company was asked to close its business at the earliest.
Governor General of Bengal to be Governor General of India
(1st Governor General of India was Lord William Bentinck).

Charter Act of 1853:

The Act renewed the powers of the Company and allowed it to retain the possession of Indian territories in trust of the British crown.
Recruitment to Civil Services was based on open annual competition examination (excluding Indians).

Government of India Act, 1858:

Rule of Company in India ended and that of the Crown began.
A post of Secretary of State (a member of the British cabinet) for India created.
- He was to exercise the powers of the Crown.
- Secretary of State governed India through the Governor General.
Governor General received the title of Viceroy. He represented Secretary of State and was assisted by an Executive Council, which consisted of high officials of the Govt.

Indian Council Act, 1861:

The Executive Council was now to be called Central Legislative Council.

Indian Council Act, 1892:

Indians found their way in the Provincial Legislative Councils.

Indian Council Act, 1909 or Morley-Minto Act:

It envisaged a separate electorate for Muslims.

Government of India Act, 1919 Or Montague-Chelmsford Reforms:

Dyarchy system introduced in the provinces.
The Provincial subjects of administration were to be divided into 2 categories:

Transferred
1. administrated by the Governor with the aid of ministers responsible to the Legislative Council
Reserved
1. The Governor and the Executive Council were to administer the reserved subjects without any responsibility to the legislature.

Indian legislature became bicameral for the first time, it actually happened after 1935 Act.

Government of India Act, 1935:

Provided for the establishment of All-India Federation consisting of
- British Provinces
- Princely States.
The joining of Princely States was voluntary and as a result the federation did not come into existence.
Dyarchy was introduced at the Centre (Eg, Department of Foreign Affairs and Defence were reserved for the Governor General).
Provincial autonomy replaced Dyarchy in provinces. They were granted separate legal identidy.

Burma (now Myanmar) separated from India.

Inter-State Council on Center - State Relations, Sarkaria Commission

Posted on April 07, 2013

sschub -

What is Inter-State Council on Center - State Relations

As the article 263 makes it clear, the Inter-State Council is not a permanent constitutional body for coordination between the States of the Union. It can be established 'at any time' if it appears to the President that the public interests would be served by the establishment of such a Council.
If at any time it appears to the President that the public interest would be served by the establishment of a Council with the duty of -
a) inquiring into and advising upon disputes between States;
b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
c) making recommendations for the better co-ordination of policy and action. Then President can order to establish such a Council.

Recommendation of ARC-1 (The Administrative Reforms Commission)

The first ARC was constituted by the GoI on January 1966.
For reviewing the public administration system of India and recommending measures for making administration fit for carrying out the social and economic policies of the government.
The Commission was Chaired initially by Morarji R Desai, MP.

With regard to Inter-State Council the Commission made the following recommendations:

Establishment of an Inter-State Council under Article 263 of the Constitution which would discuss all issues of national importance in which the States are interested.
Saddling the Council with functions under article 263 to inquire into and advise upon disputes between the States would prevent it from giving full attention to the various problems of national concern which it ought to consider.
This body should replace the National Development Council, the Chief Minister' Conference, the Finance Minister' Conference, the Food Ministers' Conference and the National Integration Council.
The Council will be wide-embracing and will provide a standing machinery for effecting consultations between the centre and the states. Only issues of real and national importance need be taken up there. Others should be settled by conferences convened by the ministries concerned, at a lower, preferably official level.
The Council should have an appropriate secretariat. The Secretary of the Council should be an officer having the knowledge, experience and status that will enable him to work effectively.

Duties Of Inter State Council

The Council is a recommendatory body with the following duties: -
a) Investigating and discussing such subjects, in which some or all of the States or the Union and one or more of the States have a common interest, as may be brought up before it;
b) Making recommendations upon any such subject and in particular recommendations for the better coordination of policy and action with respect to that subject; and
c) Deliberating upon such other matters of general interest to the States as may be referred by the Chairman to the Council.
This view was endorsed by the Commission on Centre-State Relations (1988) which recommended that 'the Council should be charged with duties in broad terms embracing the entire gamut of clauses (b) and (c) of article 263'.
Government accepted the recommendation of the Sarkaria Commission and notified the establishment of the Inter-State Council 0n 28 May 1990.

The Council Composition

Prime Minister - Chairman
Chief Ministers of all States - Member
Chief Ministers of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly - Member
Six Ministers of Cabinet rank in the Union Council of Ministers to be nominated by the Prime Minister - Member

Meetings Of Inter state Council

The Inter-State Council has met for only ten times. The meetings of the Council are held in camera and therefore the details of the agenda items and the proceedings of the meetings cannot be shared in the public domain.
The First Meeting of the Inter-State Council was held on 10.1990. to discuss the mainly agenda items on report of the Sarkaria Commission on Centre-State Relations.
The Tenth Meeting of the Inter-State Council held on 9.12.2006 discussed the agenda items on Atrocities on Scheduled Castes and Scheduled Tribes and status of implementation of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989
In all the meetings recommendations made by Sarkaria Commission on center-state relations are accepted widely.

What is Sarkaria Commission (Justice R.S. Sarkaria)

to reviewing the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and give recommendations.
The Commission after conducting several studies, eliciting information, holding discussions and after detailed deliberations submitted its 1600-page report in 1988 and made following recommendations with regard to Inter-State Council:
a) The Council should be charged with duties as explained above. The Council should not be vested with powers of enquiring into and advising upon disputes between the States;
b) It is very difficult for Council to work without an independent permanent secretariat;
c) The separate identity of the National Development Council should be maintained. However, its status should be formalized and duties reaffirmed through a Presidential Order passed under Article 263 and it be renamed as National Economic and Development Council (NEDC).

Also there are following mechanism set-up for Inter state Coordination (outside of Article 263):

1. Planning Commission of India
2. National Development Council
3. National Integration Council
4. Central Advisory Board of Education
5. Central Council for Research in Ayurveda & Siddha
6. Central Council for Research in Homoeopathy
7. Central Council for Research in Yoga & Naturopathy
8. Labour Conference

What is Citizen's Charter Bill 2011, Penalty, Criticism

Posted on April 07, 2013

Citizens’ Charter & The Right of Citizens’ For Time Bound Delivery of Goods & Services & Redressal of Their Grievances Bill 2011

What is a Citizens’ charter?

You may have seen the Dominos Pizza Ad: delivery in 30 minutes otherwise free.
Citizen charter is a similar concept- applied to public organizations.
Basically a public organization will write on a paper “we provide this this and this services with this this and this time limit. If you don’t get the service within that time, contact xyz officer.”
Such written document is called citizens’ charter. You can see citizen charters in the websites of almost all union ministries, PSUs, and Public sector banks.
Prime Minister John Major introduced the first citizens’ charter in early 1990s in UK.

Components of a Citizens’ Charter:

Vision –mission statement
The list of services delivered. Names and contanct numbers of officials responsible. Grievances redressal mechanism, in case service is not delivered.
List of responsibilities of the citizens in the context of the charter. (that you’re supposed to bring this this and this documents if you want to get xyz service in time.)

Advantages of Citizen charter?

He can avail services in a time bound manner.
Will not have to depend on the mercy of the bureaucracy.
He will not have to face long delays due to red tape.
For a passport, a birth or death certificate, a driving licence or a ration card, Aam Aadmi need not have to sweat it out. There will not be any need to grease palms of corrupt officials.
He can seek compensation for undue delay in delivery of service.
For ex: In Europe people are compensated if the train gets delayed.
Basic thrust of Citizens Charter is to make public services citizen centric by ensuring that these services are demand driven rather than supply driven.

Citizens’ Charter Bill 2011: Salient Features

Full name

The Right of Citizens’ For Time Bound Delivery of Goods & Services & Redressal of Their Grievances Bill 2011 (Oh full name seems like 3 bills in one. hahaha)

Where it Applies to?

The Bill deals with government departments that deal directly with citizens: they include
Constitutional bodies,
Statutory authorities,
Public-private partnerships,
NGOs substantially funded by the government and companies that provide services under a statutory obligation.

What are main Provisions ?

The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.
Every citizen is given right to get time bound delivery of goods and services.
If not delivered, there is redressal mechanism.

According to the bill, citizens’ charters should be in following format:

List the details of the goods and services provided by a public authority;
The name of the person or agency responsible for providing the goods or services;
The time frame within which such goods or services have to be provided;
The category of people entitled to the goods and services; and
Details of the complaint redressal mechanism.

Here is an example:

Name of service	designated officer	time limit for service	first appeal officer	time limit for disposal	second appellant authority
Domicile certificate, land records.	Tehsildar	7 days	SDO (Revenue)	15 days	Collector
New Electricity Connection	Zolan distribution in charge	10 days	Executive Engineer	30 days	Superintendent Engineer

Public Grievance Redressal Commissions

Bill aims to establish Public Grievance Redressal Commissions @Centre and State level.

Strength	1 Chief Commissioner + a maximum number of 10 Commissioners.
Qualification	Present or former Supreme Court judges or Chief Justices of a High Court (district court judges for 10 years, or High Court judges); or Present or former Secretaries to the central (state) government; Eminent persons with at least 20 years of experience in social sectors with a post graduate degree in a relevant sector.(15 years for state panel)
Appointed by	Governor (in state Commission) President (in Central Commission)

But President /Governor will make appointments as per the recommendations of select Committee. The select Committee will consist of

Union level	State level
PM	CM
Leader of opposition in Lok Sabha	In Legislative assembly (Vidhan Sabha)
Sitting just of SC	Of HC

The Commissioners may be removed by an order of the President /Governor under certain conditions.

Grievance Redressal Mechanism:

In right to information Act, the mechanism/ structure / hierarchy is:

R.T.I structure	What?
Public information officer (PIO) (Central or State)	You send R.T.I application to him. He must give information within 30 days.
First Appellant authority (FAA)	He is an officer above the rank of PIO.You approach him if your R.T.I is not replied within 30 days (or if PIO did not give you the necessary information).
Central/State Information Commissioner (CIC or SIC)	Finally you can appeal to him in case FAA doesn’t help.

Similar appeal structure is provided in Citizens’ Charter bill

R.T.I act 2005	Citizen charter bill 2011
Public information officer (PIO)	Grievance Redress Officers (GRO). You send your complaint to him. He must address the issue within 30 days.
First Appellant authority (FAA)	Designated Authority (DA), if GRO doesn’t help.
Central/State Information Commissioner (CIC or SIC)	State or Central Public Grievances Redressal Commission. If DA doesn’t help.

In relation to an offence under the Prevention of Corruption Act, 1988, a third appeal against the decision of the Commissions shall lie with the Lokpal or the Lokayukta.

Penalty

DA and Commission can impose fine of Max.Rs.50000 to concerned officials/GRO.
The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.

Criticism

#1: Against federal Spirit

(BJP says) Yet Citizens’ charter bill provides for GRO and Grievances Commission @state and central level. But Parliament doesn’t not have jurisdiction to enact such law. Because 7th schedule of constitution->State list ->State Public services (Entry 41).
It means, only State legislature has jurisdiction to make laws regarding state public services.
More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states.
The states of Jammu and Kashmir, Delhi, Bihar, Madhya Pradesh, Uttar Pradesh, Rajasthan, Punjab, Uttrakhand and Himachal Pradesh have their own laws in place.
Many of ^these state laws have provisions that are much better than the proposed Bill.
The Central government can and should enact Citizen Charter for central services but should not encroach upon the states’ domain. At best, the Centre can suggest a model law.
However, the Ministry of personnel affairs, defends this bill saying “Provisions of the Bill relate to ‘actionable wrongs’ which comes under the concurrent list.”

#2: Duplication of work

Several states such as Delhi, Punjab and Bihar have also enacted their own grievance redressal laws. The mechanism provided under these laws is different from that provided under the Bill.
So this will lead to duplication of work and organizations.
Similarly, MNREGA Act, RTE Act, National Food Security Bill, 2011, and the Public Procurement Bill, 2012 also have their own grievances redressal forums. = duplication.
Similar to R.T.I act, this bill also applies to organizations funded by Government. (e.g. Air India, Public Sector Banks, LIC.) However, if those organizations donot provide services on time, the matter also falls under jurisdiction of consumer courts, Banking ombudsman, IRDA respectively= lot of duplication.
So it seems Government hasn’t done the homework, they just want to pass a bill to divert peoples’ attention from more important issue, that is Lokpal.

#3: Autonomy

According to the bill, the commissioners may be removed without judicial inquiry. This is unheard of!

#4: Lokpal yet to come

Government officials intentionally delay the service delivery because they want to demand bribe. So the whole Citizen charter thing is incomplete, without Lokpal and Lokayukta.

#5: Exclusion of Non Citizens:

Only Citizens can seek redressal, NRI & PIO are not entitled.

#6: Distribution of responsibility

For example, if a passport is held up because the police verification took too long, should the passport office be responsible? Or should the police be held responsible? Bill is silent over the issue, this will only lead to blame games and further delays while seeking redressal.

What is National Counter Terrorism Center (NCTC)

Posted on April 06, 2013

Introduction: The Need for NCTC

National Counter Terrorism Center (NCTC)
After the 26/11 attacks, Government felt the need to setup a separate body to deal with terrorism.
NCTC is modeled on the American NCTC and Britain’s Joint Terrorism Analysis Centre.
NCTC will derive its powers from the Unlawful Activities Prevention Act, 1967
The basic idea is to prevent confusion regarding intelligence inputs and also ensure that none of the police forces from the states enter into a blame game regarding intelligence sharing as one got to see during the 26/11 attacks in Mumbai.

What will NCTC do?

It will have the power to conduct searches and arrests in any part of India.
will collect, collate and disseminate data on terrorism.
will also maintain a data base on terrorist and their associates including their families.
In short, NCTC will serve as a single and effective point of control and coordination of all counter terrorism measures.

Multi-Agency Centre (MAC)

It is platform to share varied intelligence inputs coming from various agencies like the

Directorate of Revenue Intelligence (DRI),
Economic Intelligence Agency,
Enforcement Directorate etc. –

Earlier this MAC was under Intelligence Bureau under Home Ministry.
But in future, the MAC will be placed under the NCTC.

How is it different from US and UK model?

USA’s NCTC which deals only with strategic planning and integration of intelligence without any operational involvement
UK ‘s Joint Terrorism Analysis Centre, which too plays a purely coordinating role.
But the Indian NCTC will have not only intelligence functions but also powers to conduct operations, raids and arrests in any part of India.

What is the problem with NCTC?

NCTC was to start working from March 2012, but it couldnot be launched due to opposition from a group of Non-Congress chief ministers who say that NCTC is against the federal structure of the country.

Some Politicians say : “NCTC = Not a good idea Sir-ji”

Power to Arrest without informing State Government

Non-Congress chief ministers allege that the NCTC has been empowered to search and arrest people without informing the state government, police or anti-terror squad in the loop.
Take this scenario for example. A suspected terrorist is holed up in a state. The officials of the NCTC would have the right to enter into that state and pick him or her up without informing the state machinery and deal with him under their laws.
The role of the state becomes redundant with such powers and states would have no say or role to play in the fight against terrorism.
This would have a bearing on the rights and privileges of the states as enshrined in the Constitution.
To curb this fear, Home Ministry had altered the rules. Now, the senior most police officers in all states – the Director Generals of Police and the chiefs of anti-terror squads of all states will be members of the Standing Council of the NCTC. They will be informed before the NCTC conducts an operation in their state.
And Home Ministry had also assured the State Governments that NCTC will now be able to carry out anti-terror operations only in the rarest of rare cases.

Overlapping with NIA

National Investigating Agency (NIA) was established after the 26/11 attacks.
So, the establishment of a new NCTC would only add to the bureaucratic tangle in intelligence sharing and counter terrorist action.
However, Chindu had assured that NIA is merely a predecessor of NCTC. (so once NCTC comes into operation, the NIA will function under it or will be submerged into NCTC)

Present Status of NCTC

After Pranab become President, Chindu became Finance Minister and thus Shinde became the Home Minister.
But Shinde, in his first public speech, did not mention National Counter Terrorism Centre (NCTC)
That means, Home Ministry has put the idea in back-burner for now. [May be too busy dozing the coal-scam fire]

For more Polity Articles: Go to polity

This article is an analysis from mrunal.

Cauvery Water Dispute between Tamil Nadu and Karnataka,Timeline, Causes explained

Posted on April 06, 2013

Introduction

You have read many times in newspapers about Cauvery Water Dispute Tribunal, Cauvery water monitoring Committee, cauvery this cauvery that and Supreme Court's decision.
As you know, this year the monsoons were not even close the expectations.
So the states that have been sharing the river waters have come under extra pressure to save their farmers, among which, the already heightened battle is the Cauvery water dispute between Tamil Nadu and Karnataka.
This issue is definitely not new and has been raging for more than 5 decades now.

Terms Used to measure water

Tmcft	Thousand million cubic feet. Unit of volume which means total water released.
Cusecs	Cubic feet per second. Unit of flow which means the water flow released continuously.

Timeline of the issue

The river Cauvery has been shared by the states under 2 agreements – The Interstate agreements of 1872 and 1924.
All was well, till the late 1960s when Karnataka wanted to build 4 new reservoirs in the tributaries of Cauvery.
The Planning commission did not approve to give funds and neither did the Central government.
But Karnataka state went ahead with the building of the reservoirs with its own funds. These reservoirs were

Harangi
Kabini
Hemavathi
Suvarnavathy

This diverted some of the water of Cauvery due to which Tamil Nadu protested.
It directed the Centre to create a Tribunal.
But since the Centre did not create one, Tamilnadu moved the SC to order the centre. The tribunal was finally formed in 1990.

Why confusion over creation of Tribunal?

Article 262

neither the Supreme Court nor any court shall exercise jurisdiction in water dispute between states.

But the Supreme Court commented that it can however order the Centre to create a Tribunal which it is supposed to do so under the Art.262 and the Interstate Water Disputes Act,1956.

Cauvery Water Dispute Tribunal(CWDT)

To cut short to the story, the CWDT came up with its final order in 2007, giving

region	Water (tmcft)
TN	419
Karnataka	270
Kerala	30
Puducherry	7

Both Karnataka and Tamilnadu contested this CWDT order in the Supreme Court via Special Leave Petitions (SLPs), which are still pending.
This has prevented the Centre from publishing the CWDT award in the gazette(which means it will implement the award).
In the meanwhile, because of the long time the CWDT took to give its decision, it gave an interim order in 1991 itself for the riparian states.
To implement this interim measure, the Cauvery River Authority (CRA) and the Cauvery Monitoring Committee(CMC) were formed.

2012 and the final showdown:

Among all this drama, confusion and powerplays there emerged a new problem.
The CWDT did not come up with a formula for situations when the flow in Cauvery was low(meaning a drought kind situation).
This is why the issue has flared up so much in 2012 as this year Karnataka has refused to release water on this basis.

Karnataka side

Tamil Nadu side

Low monsoons, so low flow in Cauvery. Water not enough for their own farmers.
Very unstable political situation in Karnataka with 3 CMs changing.
So Cauvery being a very sensitive issue nobody wants to give it up easily.

Samba crop growers are mainly dependent on Cauvery river. Irrigation is the main water source in the area. So their livelihood in danger.
The government not wanting to notify the final order of CWDT is also agitating, as there seems to be no end to the problem.
The government replied that it will notify the CWDT tribunal’s award by December end. But it has not done so. The reason is still not known(maybe even political). TN was wishing that there could be some relief if the gazette notification comes (in 2007 itself) but even after the Tribunal’s award the issue has been politically and legally entangled for the past 5 years. So TN’s position is in a deadlock.

Amid this the Supreme Court had asked the 2 Chief Ministers to meet up and try to finalize on the issue but that too failed.
Supreme Court also asked the Central government whether it had any intention to publish the CWDT tribunal award for which the Centre has replied that it will publish the award by December end but it has not done it.

So what to do ?

The Centre must publish the CWDT order as soon as possible.
In the middle of all this the CWDT chairman has resigned, and no new chairman has been assigned yet. So the new chairman has to be assigned who has to be going-to-retire SC judge.
The CRA and CMC were only interim measures and thus when the award is published they will cease to exist. A new Cauvery Management Board (CMB) has to be formed to oversee the proper distribution of the river.
The major cause for the confusion is the SLPs being admitted in the SC. They have been pending for the last 5 years. They must be done away with as soon as possible.
Proper use of the Cauvery water by both sides so that they don’t become too dependent on the water.
The water sharing formula in low flow years must be formed with as soon as possible.

THE AGRICULTURAL BIOSECURITY BILL, 2013

Posted on April 04, 2013

Generally UPSC doesn't ask direct provisions of Bill but a good understanding will help you to make thought in essay writting or subjective answer. so don't learn up but try to understand the exists problems and provided solutions.

Introduction to Bill

to provide for establishment of an Authority for prevention, control, eradication and management of pests and diseases of plants, animals and unwanted organisms for ensuring agricultural bio security
to meet international obligations of India for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms
regulation of agriculturally important micro organisms

Why this Bill

genetic engineering, climate change, bio-terrorism and trans-boundary diseases have created harmful effects on plant, animal health and environment => harms to human health.
The liberalisation of global trade in agriculture = risk of introduction of exotic pests and weeds in the country (also through import of seeds) = serious economic losses
genetically modified organisms require proper risk assessment and management.
Climate change can alter the habitat of known pests and even cause introduction of new pests = bio-terrorism.
The emergence and spread of trans-boundary diseases such as the avian influenza and the Ug-99 wheat stem rust fungus pose new threats to human, animal and plant safety.
The National Policy for Farmers (2007) = strengthening the biosecurity of crops, farm animals, fish, and forest trees = require a strong legislation.
An autonomous authority would be required for administering the biosecurity authority on the lines of the Food Safety and Standards Authority of India, and successful models of integrated biosecurity organisations in countries like Australia, New Zealand and United States of America.
Also recommendations of the National Commission on Farmers = the Agricultural Biosecurity Bill, 2013

The salient features

establishment of an Authority for prevention, control, eradication and management of pests and diseases of plants and animals and unwanted organisms for ensuring agricultural biosecurity;
to meet international obligations of India for facilitating imports and exports of plants, plant products, animals, animal products, aquatic organisms and regulation of agriculturally important micro-organisms;
prevention and control of pest infestation or infection, including declaration of an area as ‘‘controlled area’’ for this purpose and measures for control of such infestation or infection;
provision for inspection, taking samples, entry and search of premises, checking of conveyances to ensure compliance of phytosanitary and sanitary measures and also seizure, treatment and disposal of plants, animals and their products to prevent spread of pests by designated officers;
declaration of biosecurity emergency in case of outbreak of organisms threatening biosecurity and actions and procedures to deal with it;
removal of plant, animals, their products and other objects imported in violation of the provisions of the proposed legislation.

Some More About Biosecurity Bill

International Plants Protection Convention

came into force on 1952 which provides for the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plants products
to promote appropriate measure for their control and India signed the said Convention on the 30th April, 1952 and ratified the same on June, 1952.

Prohibition Of Import

No person shall import into India any plant, animal or plant product or animal product if not in notification issued by the Authority.

Prohibition Of Export

No person shall export any plant, animal, plant product or animal product if not issued by the Designated Officer.

Duty to inform

If you are aware of the existence of a pest or disease of plant or animal ,it is duty of you to inform immediately the existence of such pest or disease.

Declaration Of Controlled areas

The Authority may declare, by notification, any pest to be a quarantine pest.

Declaration of biosecurity emergency

If a new harmful organism established in India
If a banned organism is spread in excess.
spreading of a pest beyond control

Constitution of Agricultural Bio-security Fund

There shall be constituted a Fund to be called the Agricultural Bio-security Fund

Bar of jurisdiction of civil courts

No civil court shall have jurisdiction in respect of any matter which the Authority or Central Government is empowered by under this Act.

Functions Of Agriculture Bio-security Authority Of India

regulate the export of plants, animals, plant products or animal products and other objects
declare (by notification) any place to be a controlled area
regulate the spread of pests and diseases of plants and animals from one State to another;
regulate the introduction of new or beneficial organisms into the country;
provide such technical guidance to agriculture, horticulture, animal husbandry and fisheries
departments of State Governments.
frame guidelines for the import and export of plants, animals, plant
products or animal products and other objects, whether for trade or research;

What is DNA Profiling Bill