Daily Current Affairs 12 August 2023 – IAS Current Affairs
Current Affairs 12 August 2023 focuses on Prelims-Mains perspective. Major events are:
Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
Source: PRS India
GS II: Governance
Overview
- News in Brief
- Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
- Election Commission of India (ECI) and Chief Election Commissioner
Why in News?
Union Minister of Law and Justice Arjun Ram Meghwal introduced the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Term of Office) Bill, 2023 in the Upper House recently.
News in Brief
- So far, it was the sole prerogative of the government—the president appoints the CEC based on the Union council of ministers’ advice.
Photo by Element5 Digital on Unsplash - Election Commission of India (ECI) plays a defining role in maintaining the sanctity of India’s electoral democracy.
- Dinesh Goswami committee in 1990 that was tasked with recommending electoral reforms and ways to preserve the independence of the ECI.
- Court Ruling
- SC, in its March ruling, had referred to the Goswami report, which recommended that the CEC be appointed by the president in consultation with the LoP and the CJI.
- The ECs should be appointed by the president in consultation with the LoP, the CJI, and the CEC.
Election Commissioners (Appointment Conditions of Service and Term of Office) Bill 2023
- It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- Selection Committee
- Prime Minister as Chairperson
- Leader of the Opposition in Lok Sabha as member
- Union Cabinet Minister nominated by the Prime Minister as member.
- Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role…
- Search Committee
- Search Committee will prepare a panel of five persons for the consideration of the Selection Committee.
- Search Committee will be headed by the Cabinet Secretary.
- Qualification of CEC and ECs
- Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs.
- Such persons must have expertise in managing and conducting elections.
- Term of office
- 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years.
- The Bill retains the same tenure.
- CEC and other ECs will not be eligible for re-appointment.
- Removal and resignation
- Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge.
- 1991 Act provides that the CEC and other ECs may submit their resignation to the President.
Election Commission of India (ECI) and Chief Election Commissioner
Election Commission of India (ECI)
- Established on January 25, 1950, under Article 324 of the Indian Constitution.
- ECI plays a pivotal role in ensuring the democratic process, upholding the principles of representation and participation, and safeguarding the integrity of elections in India.
- The ECI derives its authority from the Constitution and operates as an independent body, separate from the executive, legislative, and judicial branches of government.
Primary Responsibilities
- Delimitation of Constituencies: The ECI undertakes periodic reviews to ensure equitable distribution of constituencies, reflecting demographic changes and maintaining the principle of one person, one vote.
- Conducting Elections: The ECI conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and local bodies. It oversees the entire electoral process, including the issuance of notifications, voter registration, candidate nomination, polling, and counting.
- Enforcement of Code of Conduct: To ensure a level playing field, the ECI enforces the Model Code of Conduct during elections. This prevents the misuse of government machinery for electoral gains and curbs unethical practices.
- Monitoring Election Expenses: The ECI regulates and monitors the election expenses of candidates to curb the influence of money in politics, thereby promoting a fair electoral contest.
- Addressing Electoral Malpractices: The ECI combats voter suppression, booth capturing, bribing, and other malpractices by deploying central forces, implementing strict security measures, and using advanced technology like Voter Verified Paper Audit Trails (VVPATs).
- Promotion of Voter Awareness: The ECI carries out campaigns to educate voters about their rights, the importance of voting, and the significance of democratic participation.
Chief Election Commissioner (CEC)
- Chief Election Commissioner (CEC) of India is governed by the provisions of the Constitution of India.
- The CEC is the head of the Election Commission of India (ECI) and plays a crucial role in overseeing the conduct of elections in the country.
- The process of appointing the CEC is designed to ensure the independence and impartiality of the election machinery.
Key Points on the Appointment of the Chief Election Commissioner
- Constitutional Provisions: The appointment of the Chief Election Commissioner is guided by Article 324 of the Constitution of India.
- Tenure: The CEC and Election Commissioners (ECs) have a fixed tenure of six years, or until they reach the age of 65, whichever comes first. This provision is designed to insulate them from any undue influence or pressure during their term.
- Appointment Process: The President of India appoints the Chief Election Commissioner. The President acts based on the recommendation of the Prime Minister and in consultation with the Chief Justice of India. The consultation with the Chief Justice of India is aimed at ensuring that the appointment process is objective and impartial.
- Independence: The appointment process is designed to safeguard the independence of the Election Commission from the political executive. The Chief Election Commissioner is expected to act impartially and ensure that the electoral process remains free from any undue political influence.
- Removal: The Chief Election Commissioner can be removed from office in a manner similar to that of a judge of the Supreme Court. The President can remove the CEC through a process of impeachment that requires a special majority in both Houses of Parliament. This provision ensures that the CEC is not removed arbitrarily and only for valid reasons.
- Role and Functions: The Chief Election Commissioner, along with the other Election Commissioners, is responsible for conducting elections to various legislative bodies, ensuring a level playing field for all political parties, implementing the Model Code of Conduct, and addressing electoral malpractices.
- Significance of Independence: The independent functioning of the Election Commission is crucial for the credibility of the electoral process and the preservation of democratic values. The appointment process, tenure, and removal provisions collectively contribute to maintaining this independence.
Dinesh Goswami committee
- Committee in 1990 that was tasked with recommending electoral reforms and ways to preserve the independence of the ECI.
- It suggested providing state funding in kind to political parties.
- It also suggested that a candidate should not be allowed to contest election from more than two constituencies.
Other committees set up for electoral reforms
- Jaya Prakash Narayan Committee (1974)
- Jeevan Reddy Committee (1998)
- Tarkunde Committee (1975)
- Indrajit Gupta Committee (1998)
- Law Commission Report on Reform of the Electoral Laws (1999)
- The Second Administrative Reforms Commission (2008)
National Company Law Tribunal
Source: PIB
GS II: Important International institutions, agencies and fora- their structure, mandate
Overview
- News in Brief
- National Company Law Tribunal (NCLT)
- Insolvency and Bankruptcy Code
Why in News?
The Kolkata bench of the National Company Law Tribunal (NCLT) recently approved the resolution plan of the state-backed National Asset Reconstruction Company (NARCL) for two insolvent Srei companies under the corporate insolvency resolution process (CIRP).
News in Brief
- It will be the first acquisition by the government-owned ARC.
- National Company Law Tribunal, Kolkata has orally pronounced an order approving the resolution plan submitted by National Asset Reconstruction Company.
- It is the part of corporate insolvency resolution process of the companies under Section 31 of the Insolvency and Bankruptcy Code.
National Company Law Tribunal (NCLT)
- National Company Law Tribunal (NCLT) is a quasi-judicial body in India.
- It was established under the Companies Act, 2013.
- To deal with matters related to company law and insolvency and bankruptcy law.
- It was formed to replace the Company Law Board (CLB) and the Board for Industrial and Financial Reconstruction (BIFR), which were the previous bodies responsible for handling similar matters.
- Civil courts do not have jurisdiction over matters handled by NCLT.
- Judicial members are usually retired judges from the higher judiciary, and technical members are experts in fields such as law, finance, economics, and accountancy.
- Authority: Even if the parties reach a settlement after the NCLT authorises an insolvency petition under the IBC, 2016, the case cannot be dismissed until the Supreme Court exercises its power under Article 142.
Article 142 provides a unique power to the Supreme Court, to do “complete justice” between the parties, where, at times, the law or statute may not provide a remedy. In those situations, the Court can extend itself to put an end to a dispute in a manner that would fit the facts of the case
The NCLT has jurisdiction over various corporate matters
- Company Law Matters: NCLT handles cases related to mergers, amalgamations, demergers, oppression and mismanagement, class actions, winding up of companies, reduction of share capital, etc.
- Insolvency and Bankruptcy Matters: NCLT is also the adjudicating authority for corporate insolvency resolution under the Insolvency and Bankruptcy Code, 2016. It deals with cases where a company is unable to pay its debts and is undergoing the insolvency resolution process.
Insolvency and Bankruptcy Code
- The Insolvency and Bankruptcy Code (IBC) is a comprehensive legislation in India that was enacted in 2016.
Image by Gerd Altmann from Pixabay - The objective of providing a time-bound and efficient process for resolving insolvency and bankruptcy-related issues for corporate entities, individuals, and partnerships.
- The IBC replaced multiple existing laws and mechanisms related to insolvency and bankruptcy, streamlining the process and promoting ease of doing business in India.
- It has helped in increasing the recovery rate for creditors and has been a major reform in India’s business and economic landscape.
Key features of the Insolvency and Bankruptcy Code
- Adjudicating Authorities: The IBC established the National Company Law Tribunal (NCLT) as the adjudicating authority for corporate insolvency cases and the Debt Recovery Tribunal (DRT) for individual and partnership insolvency cases.
- Insolvency Resolution Process: The IBC provides a structured process for the resolution of insolvency. It starts with the initiation of insolvency proceedings by either the debtor or the creditors. A licensed insolvency professional takes control of the debtor’s assets and formulates a resolution plan.
- Corporate Insolvency Resolution Process (CIRP): For corporate debtors, the CIRP lasts for a maximum of 330 days, during which a resolution plan is developed and approved by the committee of creditors. If no viable resolution plan is found within this period, the company goes into liquidation.
- Insolvency Professionals (IPs): Insolvency professionals play a crucial role in the insolvency process. They are licensed professionals responsible for managing and administering the affairs of the debtor during the insolvency resolution process.
- Committee of Creditors (CoC): In corporate insolvency cases, the CoC is formed, consisting of financial creditors, who decide on the approval or rejection of the resolution plan.
- Liquidation: If a resolution plan is not approved or if the debtor defaults on implementing an approved plan, the company may go into liquidation. In the liquidation process, the debtor’s assets are sold off, and the proceeds are distributed among the creditors as per the priority defined in the law.
- Fast-Track Insolvency: The IBC provides for a fast-track insolvency process for small and micro enterprises, aiming for quicker resolution.
- Cross-Border Insolvency: The IBC also incorporates provisions for dealing with cross-border insolvency cases, allowing for better coordination with foreign jurisdictions.
Bharatiya Nagarik Suraksha Sanhita 2023
Source: PIB
GS II: Important International institutions, agencies and fora- their structure, mandate
Overview
- News in Brief
- Key Provisions
Why in News?
The government had announced its intention to revamp the IPC, CrPC and the Indian Evidence Act earlier this year.
Remember: Code of Criminal Procedure (CrPC) – Bharatiya Nagarik Suraksha Sanhita
News in Brief
- The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, will consolidate and amend the law relating to Code of Criminal Procedure(CrPc).
- The draft legislation provides for the use of technology and forensic sciences in matters of investigating a crime, lodging of information, sending summons etc. through electronic communication.
- Bharatiya Nagarik Suraksha Sanhita Bill repeals nine provisions of the CrPC, proposes amendments to 107 provisions and introduces nine new sections.
- The Bill contains a total of 533 Sections while in the existing CrPC 1973 there are 484 sections.
Key Provisions
1. Use of technology
- Trials, appeal proceedings, recording of depositions including those of public servants and police officers, may be held in electronic
Image by Fathromi Ramdlon from Pixabay mode.
- The statement of the accused too can be recorded through video-conferencing.
- Summons, warrants, documents, police reports, statements of evidence can be done in electronic form.
2. Trial
- Complete trial, including Cross-examination, appeal, to be facilitated via Video conferencing.
3. Digitization
- Digitization of complete process starting from registration of FIR to maintenance of Case Diary to filing of Charge sheet and delivery of Judgment.
4. Safe Guard against Arrest
- In CrPc safeguard against arrests given in Section 41A of CrPC.
- In Bharatiya Nagarik Suraksha Sanhita 2023 Section 35 mention the safeguard.
5. Use of handcuffs
- A police officer may be permitted to use handcuffs while arresting a person if he is a habitual, repeat offender who escaped from custody, or has committed an organised crime, terrorist act, drug-related crime, illegal possession of arms, murder, rape, acid attack, counterfeit currency, human trafficking, sexual offence against children or offences against the state.
6. Mercy Petition
- After being informed by jail authorities about a convict’s death sentence, they or their legal heir/relative can submit a mercy petition to the Governor within 30 days.
- If rejected, the person can petition the President within 60 days.
- No court appeal is allowed against the President’s order.
Bharatiya Nyaya Sanhita Bill 2023: 10 Key Provisions Explained
Source: Indian Express
GS II: Governance
Overview
- News in Brief
- 10 Key Provisions of Bharatiya Nyaya Sanhita Bill 2023 Explained
Why in News?
The Bharatiya Nyaya Sanhita Bill 2023 (BNS), which will repeal and replace the more than 160-year-old Indian Penal Code (IPC).
Remember: Indian Penal Code – Bharatiya Nyaya Sanhita
News in Brief
- The IPC, which was framed by the British in the year 1860, has been the core of the criminal justice system of the country
Photo by Tingey Injury Law Firm on Unsplash - Will contain new numbers for some of the most commonly used sections of the Code.
- These new numbers are not as yet final as they may change after the Bill is considered by the Standing Committee, and is debated in Parliament.
- The proposed changes including provisions related to defamation, offence against women and attempt to commit suicide.
10 Key Provisions of Bharatiya Nyaya Sanhita Bill 2023 Explained
Here are 10 important provisions used in the IPC and changes in currently proposed Bharatiya Nyaya Sanhita Sections.
1. Sedition Law
- According to IPC Section 124A
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards…the Government established by law…shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
- In Bharatiya Nyaya Sanhita
- Word sedition does not exist in the proposed Sanhita.
- Now covered in Section 150 of the proposed Sanhita, as Acts endangering sovereignty, unity and integrity of India.
- Detailed Provision under Section 150
“Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine.”
2. Section for Rape
- IPC Section 375 defines the offence of rape, and what constitutes rape.
- IPC Section 376 lays down the punishment for rape.
- In BNS: Offence of rape is defined under Section 63 of the proposed Sanhita.
- The seven conditions of forced sexual intercourse, which constitute the offence of rape under the IPC, have been retained in the proposed Sanhita.
3. Marrying a woman, having sexual intercourse with a woman using “deceitful means”
- BNS, this is dealing in Section 69.
Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
- Deceitful means: Include the false promise of employment or promotion, inducement or marrying after suppressing identity.
4. Murder
- In IPC Section 302
- BNS, Punishment for murder is laid down in Section 101, which has two sub-sections.
- Section 101(1) says
- Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.
- Section 101(2) Murder by a group
- Proposed Sanhita says: “When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground each member of such group shall be punished with death or with imprisonment for life or imprisonment for a term which shall not be less than seven years, and shall also be liable to fine.”
5. Attempt to Murder
- IPC Section 307 deals with Murder.
- BNS, attempt to murder is covered under Section 107 of the proposed Sanhita, which also prescribes the punishment for the offence.
6. Criminal Conspiracy: 120B
- IPC Section 120 B deals with Criminal Conspiracy.
- BNS criminal conspiracy is covered by Section 61(1):
- “When two or more persons agree to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy”.
- Section 61(2) of the proposed Sanhita lays down the punishment for criminal conspiracy.
7. Creating or promoting enmity
- In the IPC, this section refers to “Statements conducing to public mischief”, and statements creating or promoting enmity, hatred or ill-will between classes.
- BNS there is no section 505 in the proposed Sanhita.
- Section 194 in the proposed Sanhita describes the offence of Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
8. Promoting enmity between different groups
- IPC Section 153A
- BNS, the offence of promoting enmity in the proposed Sanhita is covered under Section 194.
9. Defamation
- IPC 499 is defamation and IPC Section 500 lays down the punishment for defamation.
- BNS, does not have Section 499.
- The offence of defamation is covered under Section 354 (1) of the new Sanhita.
- Section 354(2) of the proposed Sanhita describes the punishment for defamation.
10. Cheating
- IPC Section 420: “Cheating and dishonestly inducing delivery of property”
- BNS, no Section 420 in the proposed Sanhita.
- The offence of cheating is covered under Section 316.
- Under Sections 316(2), (3), and (4), the punishment for cheating may extend upto three years, five years, or seven years, along with a fine.
Conflict in Niger UPSC
Source: Indian Express
GS II: Important International institutions, agencies and fora- their structure, mandate
Overview
- News in Brief
- What is the reason for the conflict in Niger?
- About Niger
Why in News?
India has issued an advisory for its nationals in Niger asking them to leave the country at the earliest.
News in Brief
- The government of India is closely monitoring ongoing developments in Niger.
- In light of the prevailing situation, Indian nationals whose presence is not essential are advised to leave the country as soon as possible.
- They may bear in mind that airspace is currently closed.
- When departing through a land border utmost precautions may be taken to ensure safety and security.
- Those nationals who are planning to travel to Niger in the coming days have also been similarly advised to reconsider their travel
- There are approximately 250 Indians in Niger.
What is the reason for the conflict in Niger?
- July 26 coup soldiers in the West African nation of Niger installed Gen. Abdourahmane Tchiani as head of state after ousting President Mohamed Bazoum.
- The Sahel region, home to Niger, Burkina Faso, Chad, Mali, Mauritania, and Senegal, has witnessed political instability and ethnic tensions.
- Economic Community of West African States (ECOWAS) and the African Union (AU) have been swift in expressing their disapproval.
About Niger
- Niger is a landlocked country located in West Africa.
- It is bordered by several countries: Algeria to the north, Libya to the northeast, Chad to the east, Nigeria and Benin to the south, Burkina Faso to the southwest, and Mali to the west.
- The capital city of Niger is Niamey, located in the southwestern part of the country
Key geographic features
- Sahara Desert: The northern part of Niger is characterized by the Sahara Desert, one of the world’s largest and hottest deserts. This region is arid and sparsely populated, with vast sand dunes and rocky terrain.
- Aïr Mountains: Located in northern Niger, the Aïr Mountains are a rugged and elevated region that provides a stark contrast to the surrounding desert. The mountains have several peaks that rise to over 6,000 feet (1,800 meters) and are known for their unique landscapes and cultural significance.
- Sahel Region: The central and southern parts of Niger transition from the Sahara Desert to the Sahel, a semi-arid region characterized by grasslands and scrub vegetation. The Sahel experiences a more moderate climate and supports some agricultural activities.
- River Niger: The country is named after the River Niger, one of the major rivers in Africa. The river flows through the southwestern part of Niger, contributing to irrigation and supporting some agricultural activities in the region.
- Lake Chad Basin: The southeastern part of Niger is part of the Lake Chad Basin, which includes Lake Chad itself. While the lake has been shrinking due to various environmental factors, it still plays a crucial role in providing water resources to the surrounding area.
- Natural Resources: Niger possesses mineral resources, including uranium, which is a valuable export. However, the exploitation of these resources also poses environmental and social challenges.
Nomadic Culture
- Historically, many communities in Niger have been nomadic or semi-nomadic, adapting to the arid and varied landscape.
- These groups often practice pastoralism, moving their livestock in search of grazing lands.
Biodiversity
- Despite its arid climate, Niger is home to a variety of wildlife, including desert-adapted species such as the addax antelope and dama gazelle.
- Efforts to conserve these species and their habitats are ongoing.
Bharatiya Sakshya Bill 2023
Source: Deccan Herald
GS II: Governance
Overview
- News in Brief
- What is the Bharatiya Sakshya Bill 2023?
Why in News?
Recently, the Union Home Minister introduced Bharatiya Sakshya Bill, 2023.
Remember: Evidence Act – Bharatiya Sakshya
News in Brief
- After introduction the Bills have been sent to the Parliamentary Standing Committee on Home Affairs.
- The Bharatiya Sakshya Bill proposes the general rules and principles regarding collection and submitting of evidence in all criminal matters, which are being governed under the Evidence Act.
- The laws being replaced were focused on protecting and strengthening the British administration.
What is the Bharatiya Sakshya Bill 2023?
- It is the goal of the Bharatiya Sakshya Bill, 2023 to consolidate and to provide for general rules and principles of evidence for fair trial.
- The recent sociological and technical developments have not been reflected in the current Indian Evidence Act.
- The new bill’s suggested amendments are meant to bring the laws into line with peoples’ needs and ambitions today.
Key Provisions
- It makes electronic or digital records admissible as evidence, giving them the same legal effect as paper documents.
- The bill repeals five existing provisions of the Evidence Act, modifies 23 provisions, and adds one new provision.
- The bill proposes amendments to 23 Sections and contains 170 Sections in total.
- The scope of secondary evidence is expanded to include copies made from the original by mechanical processes, counterparts of documents, and oral accounts of document contents.
- The bill introduces precise and uniform rules for dealing with evidence during the trial of cases.
Daily Current Affairs: Click Here