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Multi-State Cooperatives Societies The Multi-State Cooperative Societies (MSCS) Amendment Bill, 2022, which proposes to amend the Multi-State Cooperative Societies Act, of 2002, has been approved by the Union Cabinet. In July 2021, a new Ministry of Cooperation was established with the goal of giving the cooperative sector expansion fresh life. What modifications are proposed by the bill? The changes aim to make doing business easier, increase openness, and strengthen governance. On the board of multi-state cooperative organizations, it has provisions relating to the representation of women and members of Scheduled Castes/Scheduled Tribes. The changes were made to improve accountability, strengthen…
14 October, 2022
Acts and regulations
The Places of Worship Act, 1991 The Solicitor General told the Supreme Court that the opinion of its five-judge Constitution bench in the Ayodhya case "may not cover" the validity of the Places of Worship Act, 1991. About Places of Worship Act: It is described as "An Act to prohibit the conversion of any place of worship and to provide for the preservation of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected with or incidental thereto," and it was passed on August 15, 1947. The disputed…
13 October, 2022
Acts and regulations
Narcotic Drugs and Psychotropic Substances Act 1985 Image Source - Ipleaders Recently, the Karnataka High Court ruled that the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 neither mentions bhang as a forbidden substance nor drink. In two earlier rulings, Madhukar v. the State of Maharashtra (2002) and Arjun Singh v. the State of Haryana (2004), the courts determined that bhang is not ganja and is not consequently covered by the NDPS Act. The court cited these rulings in its reasoning. Earlier, Thailand allowed the cultivation and possession of marijuana, but smoking it for recreational purposes is still prohibited. Bhang Cannabis…
02 September, 2022
Acts and regulations
Challenging the Special Marriage Act, 1954 Image Source - Community Forest Resource Rights The Special Marriage Act (SMA), 1954's requirement that couples send a notice of their plan to marry 30 days before their wedding, was recently rejected by the Supreme Court (SC). The case was denied by the SC on the grounds that the petitioner was no longer a harmed party because she had previously celebrated her marriage in accordance with the SMA. About the petition The petition contested the constitutionality of the SMA clauses that allow interfaith and intercaste couples to seek sanctuary. As they compel couples to provide…
01 September, 2022
Acts and regulations
Benami Law The Supreme Court recently overturned a part of the Benami Transactions (Prohibition) Act, 1988 that imposed a maximum three-year prison sentence, a fine, or both, as a penalty for engaging in Benami transactions. About the recent judgment In regards to the 1988 act: Benami transactions and the power to recover property that is believed to be Benami were rendered illegal by the 1988 Act. The highest court declared Section 3(2) of the Benami Transactions (Prohibition) Act, 1988, illegal on the grounds that it was obviously arbitrary. The civil penalties that are planned under the Act won't be impacted…
25 August, 2022
Acts and regulations
SC’s ruling on PMLA ACT and its implication The Supreme Court of India upheld the constitutional validity of the Prevention of Money Laundering Act's (PMLA) controversial “twin conditions for bail” i.e., the trial court needs to give bail only if the accused proves he is not guilty of money laundering. If the accused gets bail, he also has to prove that he is not likely to commit any offence while on bail. By upholding the reverse burden of proof condition for bail, the court also overruled its own rule in 2017 in Nikesh Tarachand Shah vs Union of India, where…
29 July, 2022
Acts and regulations
THE ABSURDITY OF THE ANTI-DEFECTION LAW Uddhav Thackeray’s government facing internal dissent from a block of 22 MLA led by Eknath Shinde, has brought the anti-defection law again into the spotlight. Such events were also witnessed in Puducherry, Madhya Pradesh, and Karnataka. ANTI-DEFECTION LAW The anti-defection law was included in the constitution as the Tenth schedule via the 52nd amendment act 1985 to combat the evil of political defection. The law punishes an individual member of parliament or even MLAs for leaving one party for another. The decision on a question of disqualification on the ground of defection is taken…
22 June, 2022
Acts and regulations
NDPS Act 1985 (Narcotic Drugs Act) Context: This topic is important for UPSC Prelims and GS PAPER 2 The NDPS Act 1985 forbids the production, possession, selling, purchase, etc. of narcotic drugs and psychotropic substances, except for medical and scientific purposes. The Narcotics Control Bureau works to implement and safeguard the laws made under the Narcotics Drugs and Psychotropic Substances Act, 1985. THE NARCOTICS CONTROL BUREAU under NDPS Act 1985 NCB is India's nodal narcotics law enforcement and intelligence agency responsible for countering drug trafficking and illicit drug violence. It operates under the Ministry of Home Affairs (MHA). It is located…
29 October, 2021
Acts and regulations
Places of Worship Act, 1991-Analysis Introduction The apex court’s order issuing notice on a petition challenging the Places of Worship Act is disturbing M. Siddiq v. Mahant Suresh Das case On November 9, 2019, the Constitution Bench of the Supreme Court gave its judgment in M. Siddiq v. Mahant Suresh Das, which is known as the Ram Janmabhoomi temple case. The judgment is an unequivocal expression of approval of The Places of Worship (Special Provisions) Act, 1991. The Preamble of the Act reads: “An act to prohibit conversion of any place of worship and to provide for the maintenance of…
29 March, 2021
Acts and regulations
New IT Rules related to Social Media Social media companies are prohibited from hosting or publishing any unlawful information. This information is “in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries, etc. If such information is hosted or published the government can take down such information within 24 hours. The user will be given a notice before his/her content is taken down. The government can direct messaging platforms to tie the identity of the user with the message transmitted by him/her for strengthening traceability. The IT rules 2021 call for…
28 February, 2021
Acts and regulations
Draft Act on Land Titles Following are the provisions proposed under the draft Act: Setting up of State land authority: Under the proposal, each state is to set up a land authority that will have a title registration officer (TRO) who will prepare a title record based on document-based claims from the presumptive owners and any claimants. Draft list of presumptive ownership: The authority will then publish a draft list of the presumptive ownership of every plot (on which it has received applications) and invite claims within a given deadline from anyone else with an interest in the property. Dispute resolution: The TRO will be free to…
21 February, 2021
Acts and regulations
Denying women the right over their bodies Context Recently, Argentina’s Congress legalised abortions up to the 14th week of pregnancy. The Indian Parliament too will consider an amendment to our abortion laws this Budget Session but unlike the Argentina law which is touted as being historic, the Medical Termination of Pregnancy (Amendment) Bill, 2020 (MTP Bill), will not translate into greater autonomy for women over their own bodies. History of the law (MTP Act of 1971) The MTP Act of 1971 was framed in the context of reducing the maternal mortality ratio due to unsafe abortions. It allows an unwanted…
11 February, 2021
Acts and regulations
IT Act, 2000: Important Provisions vis-a-vis Social Media Regulation Tackling harmful content such as hate speech, rumours, inflammatory and provocative messages and child pornography needs cooperation between technology services companies and law enforcement agencies. Information Technology Act, 2000, as amended from time to time, governs all activities related to the use of computer resources. Information Technology (IT) Act, 2000 It covers all ‘intermediaries’ who play a role in the use of computer resources and electronic records. It includes providers of telecom service, network service, Internet service and web hosting, besides search engines, online payment and auction sites, online marketplaces and cyber cafes. …
07 February, 2021
Acts and regulations
Who can buy or sell land in J&K, and what are the other rules governing it? Context Ministry of Home Affairs (MHA) announced several amendments to land laws for the Union Territory of Jammu Kashmir (J&K), including the Jammu and Kashmir Development Act of 1970, which till now entitled only permanent residents to purchase or sell property in the former State, and the J&K Land Revenue Act, 1996. The MHA notification said the “Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 shall come into force with immediate effect and will encourage development in the…
01 November, 2020
Acts and regulations
Electricity (Amendment) Bill 2020 Part of: GS-III- Energy security (PT-MAINS-PERSONALITY TEST) Recently, the Central government has introduced the Electricity (Amendment) Bill 2020 to amend various provisions in the Electricity Act 2003. Rationale Behind Amendment: To address critical issues weakening the commercial and investment activities in the electricity sector. The current challenges plaguing the Indian power sector is derived from negligence in addressing the structural issues. These include operational and financial inefficiencies of power generation, transmission and distribution utilities, access and quality of power supply, political interference, lack of private investments, inadequate public infrastructure and lack of consumer participation. Bringing transparency and accountability to protect the…
29 June, 2020
Acts and regulations
PCPNDT Act In April Union Ministry of Health and Family Welfare has issued a notification which put on hold the implementation of certain rules of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex-Selection Rules) of 1996 till June 30, 2020. One of the suspended provisions, Rule 8, is intrinsically connected with the statute’s provisions dealing with the mandatory registration of genetic counselling centres, laboratories and clinics, Non-compliance leads to penalty. The rules require ultrasound clinics to maintain detailed records of pregnant women who undergo foetal scans in the clinics and submit them to local health authorities. Sections of doctors…
18 June, 2020
Acts and regulations
Prevention of Atrocities acts Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an act of parliament. It falls within the provisions of Article 17 of the constitution, enacted for preventing atrocities against members of SC/ST It also provides special courts for the trial of such offences as well as relief and rehabilitation of the victims of atrocities. The PoA Act extends to the whole of India except Jammu & Kashmir, and responsibility for its implementation rests with State Governments.
06 June, 2020
Acts and regulations
Ancient Monuments and Archaeological Sites and Remains Act (1958) The Union government has tabled amendments to Ancient monuments and archaeological sites and remains active in the parliament. The Lok Sabha passed the amendments to the Act, but the Bill is yet to be cleared by the Rajya Sabha. The Act originally instituted conservation measures and banned construction activities near protected monuments. The amendment now allows carrying out public works within the 100 m prohibited zone.
27 May, 2020
Acts and regulations
Orange Passports and LOTUS mark on PASSPORT Ministry of External Affairs has decided to offer an orange-coloured passport to travellers who require an emigration check. By this ECR status would be issued a passport with an orange-coloured, non-ECR status will continue to get blue passports. ECR status As per the Emigration Act, 1983, certain categories of Indian passport holders require obtaining an ‘Emigration Clearance’ for going to certain countries. Emigration, as per the Act, means the leaving of India by any Indian citizen with the intent of taking up employment in certain foreign countries. Persons who don’t have a minimum…
27 May, 2020
Acts and regulations
International termination charges (ITC) The Telecom Regulatory Authority of India (TRAI) cut termination charges for international incoming calls to Landline and wireless connections. International termination charges (ITC) are payable by an international long-distance operator (ILDO), which carries calls from outside the country, to an access provider in the country in whose network the call terminates. ITC is one of the sources of foreign earnings for the country.
27 May, 2020
Acts and regulations
Acts of violence against health care workers as cognizable, non-bailable offences Part of: GS-II- Governance (PT-MAINS-PERSONALITY TEST) The Union Cabinet has approved the promulgation of the Ordinance to amend the Epidemic Diseases Act, 1897 in the light of the COVID-19 pandemic situation making acts of violence against healthcare workers as cognizable and non-bailable offences. Under it , there is a provision to provide compensation for injury to healthcare service personnel or for causing damage or loss to the property. The health workers who are trying to save the country from this COVID-19 pandemic are unfortunately facing attacks. The investigation into…
23 April, 2020
Acts and regulations
Interstate Migrant Workmen Act 1979 Part of: GS-II- Labour Act (PT-MAINS-PERSONALITY TEST) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose is to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act creates provision to employ better skilled workers available outside the state. Background The employment system of interstate migrant labour was an exploitative system prevalent more or less in…
22 April, 2020
Acts and regulations
Medical Termination of Pregnancy (Amendment) Bill, 2020 The Medical Termination of Pregnancy (Amendment) Bill, 2020 was introduced in Lok Sabha by the Minister of Health and Family Welfare, Dr. Harsh Vardhan on March 2, 2020. The Bill amends the Medical Termination of Pregnancy Act, 1971 which provides for the termination of certain pregnancies by registered medical practitioners. The Bill adds the definition of termination of pregnancy to mean a procedure undertaken to terminate a pregnancy by using medical or surgical methods. Termination of pregnancy: Under the Act, a pregnancy may be terminated within 12 weeks, if a registered medical…
21 April, 2020
Acts and regulations
COVID-19 and Essential Commodities Act Part of: GS Prelims and GS-II- Governance (PT-MAINS-PERSONALITY TEST) The Essential Commodities Act, of 1955 was enacted to ensure the easy availability of essential commodities to consumers and to protect them from exploitation by unscrupulous traders. The Act provides for the regulation and control of production, distribution and pricing of commodities which are declared as essential. The Act aims at maintaining/increasing supplies/securing equitable distribution and availability of these commodities at fair prices. The Act empowers the Central and state governments concurrently to control the production, supply and distribution of certain commodities in view of rising…
13 April, 2020
Acts and regulations
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