Porul

Indian Constitution- Fundamental Rights [Part 1]

2 ஏப்., 2023

Emblem of India

PART III

FUNDAMENTAL RIGHTS

General

12. Definition.—In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

13. Laws inconsistent with or in derogation of the fundamental rights.—(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise requires,—

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of

law;

(b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed,

notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.

Right to Equality

14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special

provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of

article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

16. Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union

territory] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding

year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a

particular denomination.

(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of

ten per cent. of the posts in each category.

17. Abolition of Untouchability.—“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

18. Abolition of titles.—(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Also read: The Preamble and its significance in The Indian Constitution.

National Investigation Agency - UPSC

26 மார்., 2023

National Investigation Agency:

Mains : GS2 (Polity and Governance), GS3 (Security)

What is National Investigation Agency (NIA), exactly?

The National Investigation Agency (NIA) is a federal agency in India that works under the Ministry of Home Affairs, Government of India which was established in 2009 by the Indian government to combat terrorism and other serious crimes that have national and international ramifications.

The NIA is empowered to investigate and prosecute offenses related to terrorism, as well as offenses that fall under the purview of various other laws, including the Atomic Energy Act, the Unlawful Activities (Prevention) Act, the Explosives Act, and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act.

Headquarters: New Delhi, India

Branches: Hyderabad, Kolkata, Chennai, Guwahati, Mumbai, Lucknow, Raipur, Kochi and Jammu

Why was NIA set up?

The National Investigation Agency (NIA) was created in India primarily to address the increasing threat of terrorism in the country and to strengthen the legal framework for investigating and prosecuting terrorism-related cases.

The need for a specialized agency that could investigate and prosecute terrorism-related cases across state and international borders was felt strongly after the 2008 Mumbai attacks, which were carried out by terrorists who had crossed the border from Pakistan.

The NIA's objectives:

The National Investigation Agency (NIA) was established in India with the primary goal of combating terrorism and other serious crimes that have national and international ramifications. The agency was created to strengthen the existing legal framework for investigating such cases and to provide a specialized agency with the necessary resources and expertise to effectively investigate and prosecute terrorism-related cases across state and international borders.

The following are a few of the NIA's specific objectives:

To investigate and prosecute offenses related to terrorism and other serious crimes that have national and international ramifications, as per the provisions of the National Investigation Agency Act, 2008.
To take over investigations of such offenses from state police forces under certain circumstances, as per the provisions of the Act.
To coordinate with other law enforcement and intelligence agencies in India and around the world to identify, track, and prosecute individuals and groups involved in such crimes.
To gather and analyze intelligence related to terrorism and other serious crimes.
To develop and maintain expertise in the investigation of terrorism-related cases, including the use of advanced forensic techniques and technologies.
To enhance public awareness about the threat of terrorism and other serious crimes and to promote cooperation and coordination among various stakeholders in countering such threats.
To Investigate professionally the scheduled offences utilising the latest scientific methods.

Amendments of NIA:

There have been several recent amendments made to the National Investigation Agency (NIA) Act, 2008. Here are some of the key amendments:

Empowering NIA to investigate cybercrimes: The NIA Act was amended in 2019 to empower the NIA to investigate cybercrimes and offenses related to the use of explosives.
Provision for attachment of property: The NIA Act was amended in 2019 to provide for the attachment of property of a person who is being investigated by the agency. This provision is aimed at preventing the person from disposing of the property and frustrating the investigation.
Expansion of NIA's jurisdiction: The NIA Act was amended in 2019 to expand the agency's jurisdiction to investigate offenses related to human trafficking, counterfeit currency, and manufacture or sale of prohibited arms.
Provision for special courts: The NIA Act was amended in 2019 to provide for the establishment of special courts for the trial of cases investigated by the agency.
Authorization to investigate cases related to scheduled offenses: The NIA Act was amended in 2019 to authorize the NIA to investigate cases related to scheduled offenses even if they are not directly linked to terrorism.

Cases that NIA dealt with:

The National Investigation Agency (NIA) has been involved in several high-profile cases related to terrorism, organized crime, and other serious offenses in India. Here are some examples of cases held by the NIA:

Mumbai Terror Attack Case: The NIA investigated the 2008 Mumbai terror attack case, in which ten Pakistani terrorists carried out coordinated attacks in Mumbai, killing 166 people.

Pathankot Attack Case: The NIA investigated the 2016 Pathankot attack case, in which a group of terrorists attacked an Indian Air Force base in Pathankot, Punjab, killing seven security personnel.

Pulwama Attack Case: The NIA investigated the 2019 Pulwama attack case, in which a suicide bomber attacked a convoy of vehicles carrying security personnel in Jammu and Kashmir, killing 40 CRPF personnel.

ISIS Conspiracy Case: The NIA has investigated several cases related to the activities of the Islamic State of Iraq and Syria (ISIS) in India, including the ISIS Conspiracy Case in which several individuals were arrested for allegedly planning to carry out terror attacks in India.

Hizbul Mujahideen Funding Case: The NIA investigated the Hizbul Mujahideen funding case, in which several individuals were arrested for allegedly providing financial support to the Hizbul Mujahideen terror group in Jammu and Kashmir.

Illegal Arms and Ammunition Case: The NIA has also investigated several cases related to the illegal trafficking of arms and ammunition, including the seizure of a large cache of arms and ammunition from various parts of the country.

From Ireland to the World: How St. Patrick's Day Became a Global Celebration

17 மார்., 2023

Credit: Amanda Marie

What actually is St. Patrick's day?

St. Patrick's Day is a cultural and religious holiday celebrated annually on March 17th, commemorating the death of Saint Patrick, the patron saint of Ireland. However, it became a public holiday in Ireland only in the early 20th century, and it has since become a global celebration of Irish culture and heritage.

The holiday is primarily observed by the Irish and those of Irish descendant around the world, but it has become a popular celebration in many countries. The holiday is typically associated with the colour green, shamrocks, and other symbols of Ireland. People often wear green clothing and accessories, and many cities host parades and festivals featuring Irish music, dance, and food.

History of Saint Patrick's Day:

Saint Patrick, the patron saint of Ireland, was killed, and St. Patrick's Day honours his memory. Around the fifth century AD, a christian missionary and bishop by the name of Saint Patrick flourished. Although the specifics of his life are not widely known, it is assumed that he was born in Britain, abducted as a teenager and carried to Ireland as a slave, eventually escaped and returned to Britain. He then made a missionary visit to Ireland, where he is credited with winning many Irish people over to Christianity.

St. Patrick's Day was first celebrated in the United States in the late 18th century, as Irish immigrants brought the holiday with them to the new world. Over time, the holiday became more secular and less religious in nature, and today it is celebrated by people of all backgrounds and nationalities around the world as a celebration of Irish culture and heritage.

On St. Patrick's Day, go green:

Irish history and mythology are the origins of the St. Patrick's Day custom of wearing green. According to one legend, St. Patrick utilised the three-leafed shamrock to convey to the Irish people the idea of the Holy Trinity (Father, Son, and Holy Spirit). Green shamrocks became a representation of Ireland and Irish heritage.The lush green surroundings of Ireland, popularly known as the "Emerald Isle," are connected to the colour green. People can express their Irish pride and celebrate their ties to Ireland by donning green on St. Patrick's Day.

As a festive display of celebration on St. Patrick's Day, many cities and towns throughout the world also colour their rivers or fountains green. When the Chicago mayor ordered that the Chicago River be painted green in honour of St. Patrick's Day in 1962, this custom got its start. Now days, a lot of different towns and communities around the globe continue to practise this custom.

Events and parades tied with St. Patrick's Day:

St. Patrick's Day parades and events are popular celebrations that take place in many cities and towns around the world. These events often feature live music, dancing, food and drink, and other festivities that celebrate Irish culture and heritage.

In addition to parades, many cities and towns around the world also host other St. Patrick's Day events and festivities. These may include live music concerts, traditional Irish dance performances, food and drink festivals, and other cultural events. Some cities even light up their buildings or landmarks in green to celebrate the holiday.While St. Patrick's Day parades and events have historically been associated with Irish communities and heritage, they are now celebrated by people of all backgrounds and nationalities as a way to join in the festivities and celebrate the spirit of the holiday.

Heatwaves in India - UPSC

13 மார்., 2023

Heatwaves and its effects on India

Prelims: Climate Change, Air mass.
Mains (GS3): Conservation, environmental Pollution, Climate Change

WHAT IS A HEATWAVE?

A heatwave is a period of unusually hot weather with above-normal temperatures that typically lasts for 3 or more days. A heat wave is a situation of high air temperature that, when experienced by a person, is fatal. The period of heatwave in India is mainly during March to June and in some rare cases even in July. The peak month of the heat wave over India is May. It is the third biggest natural killer in India, with 2,040 people dying of them in 2015.

The prescription given by IMD suggests that a heatwave is considered if the maximum temperature at a station reaches at least 40 degrees Celsius for plains, at least 37 degrees Celsius for coastal stations, and at least 30 degrees Celsius for hilly areas.

Credit : Gyan Shahane

CRITERIA:

If normal maximum temperature is ≤40 degrees Celsius, then an increase of 5 degree Celsius to 6 degree Celsius from normal temperature, is considered to be heat wave. An increase of 7 degree Celsius or more is severe heat wave condition.If normal maximum temperature of a station is > 40 degree Celsius, then an increase of 4 degree Celsius to 5 degree Celsius from normal temperature, is considered to be heat wave. More than 6 degree Celsius is considered to be severe heat wave.

Also read: What are Invasive alien species ? Why are they important

IMPACTS:

On lives and livelihoods:

According to a World Bank report, "Climate Investment Opportunities in India's Cooling Sector," from 2030, about 16 to 20 crore people would be exposed to lethal heatwaves in India every year, resulting in 3.4 crore people losing their jobs because of heat stress-related productivity decline.
Mortality because of the high temperature. According to a 2019 report by the Tata Centre for Development and the University of Chicago, more than 1.5 million people will likely die each year by 2010.

On food insecurity:

Heatwaves cause crop production losses and tree mortality to increase. An increase in heat waves can cause an increase in forest fires and a decrease in forest products.

What are Invasive Alien Species ? - UPSC

Protecting the Hornbills from the Ills of Climate change

Prelims: CBD, Invasive plants in news
Mains (GS3): Climate Change, Invasive plants and Mitigation

What are invasive alien species?

Invasive alien species (IAS) are non-native organisms that have been introduced to a new habitat, either accidentally or intentionally, and have the ability to spread rapidly and cause harm to the environment, economy, or human health. These species can include plants, animals, and microorganisms.

Invasive alien species often have a competitive advantage over native species because they lack natural predators or diseases in their new habitat. They can quickly establish themselves and outcompete native species for resources such as food, water, and space. This can lead to the decline or extinction of native species, which can have cascading effects on the ecosystem.

An invasive species, Senna spectabilis, an exotic tree, has taken over between 800 and 1,200 hectares of the buffer zones of the Mudumalai Tiger Reserve (MTR) in the picturesque Nilgiris hill district - The Hindu 2022

Image Credit : Storyset

What needs to be done?

Invasive alien species (IAS) are a global issue that requires international cooperation and actions. Preventing international movement of IAS and rapid detection at borders are less costly than control and eradication. Preventing the entry of IAS is carried out through inspections of international shipments, customs checks and proper quarantine regulations. Prevention requires collaboration among governments, economic sectors and non-governmental and international organizations.

Also read : Critically endangered species of India

Some international and regional binding agreements that contain guidelines for IAS :

International Agreements:

The Convention on Biological Diversity (CBD)

CBD states that “Each contracting Party shall, as far as possible and as appropriate, prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species”. The Conference of the Parties (COP) acknowledged the urgent need to address the threat of at its fourth meeting (decision IV/1), in 1998.

Convention on Migratory Species of Wild Animals (CMS or Bonn Convention)

The Convention on the Conservation of Migratory Species of Wild Animals aims to conserve terrestrial, marine and avian migratory species. IAS are considered a threat to migratory species and are addressed as per the convention.

Ramsar Convention

The aim of the Ramsar Convention is the conservation and wise use of wetlands and resources. COP 7 resolution addresses threats of invasive species to wetland ecosystems.

International Plant Protection Convention (IPPC)

The International Plant Protection Convention is a treaty that aims to prevent introduction of pests of plants and plant products in international trade.

United Nations Convention on the Law of the Sea (UNCLOS)

States under UNCLOS are required to protect and preserve the marine environment from intentional or unintentional introduction of alien species.

World Organisation for Animal Health (OIE) Agreement

The OIE is the intergovernmental organisation responsible for improving animal health worldwide. It has 169 countries and territories as its members. It aims to guarantee the safety of international trade in animals and animal products and to control animal diseases and zoonoses worldwide while avoiding unjustified sanitary barriers.

Critically Endangered Species in India- The Jerdon's Courser (UPSC)

5 மார்., 2023

What are Critically endangered species?

A species that has been designated as having a dangerously high risk of extinction in the wild is known as a critically endangered species. This indicates that they are in danger of going extinct entirely because their population has drastically decreased. The Kemp's ridley sea turtle, brown spider monkey, Chinese alligator, black rhinoceros, and many other species are examples of critically endangered species. The Red List of Endangered Species, maintained by the International Union for Conservation of Nature (IUCN), classifies species according to the degree of risk.

(A) BIRDS:

1) The Jerdon's Courser (Rhinoptilus bitorquatus):

The Jerdon's Courser

The Jerdon's courser is a nocturnal, cursorial bird, mostly active at night, and like lapwings and other coursers, it prefers to walk, although it can fly quite well. Only the northern region of the state of Andhra Pradesh in peninsular India contains it. It is a signature species for the critically endangered scrub jungle.

It was first recorded by Thomas C. Jerdon, a British surgeon, in 1848 in erstwhile combined Andhra Pradesh. The species was considered extinct until it was rediscovered in 1986 by Bharat Bhushan, an ornithologist at the Bombay Natural History Society who made use of local trappers to capture a specimen. The area of discovery was subsequently declared the Sri Lankamaleswara Wildlife Sanctuary.

CONSERVATION STATUS: Critically endangered.

HABITAT: Undisturbed scrub jungle with open areas.

DISTRIBUTION: Jerdon’s Courser is endemic to Andhra Pradesh. However, 19th-century records do attribute its presence in the neighbouring areas of the state of Maharashtra.

Threats: Include the clearing of scrub jungle, the creation of new pastures, the growing of dryland crops, plantations of exotic trees, quarrying, and the construction of the Telugu-Ganga Canal. Illegal trapping of birds is also a threat.

CONTRACT OF GUARANTEE- SECTION 126 TO 147 [Part-1]

1 மார்., 2023

Guarantee in general means, "an agreement assuming responsibility to perform, execute, or complete something and offering security for that agreement".

Section 126 to 147 of the Indian Contract Act, 1872 deals with Contract of Guarantee.

Section 126 of the Indian Contract Act, 1872 defines A "contract of guarantee" is a contract to perform the promise, or discharge the liability, of a third person in case of his default.

ILLUSTRATION:

A requests B to give 25,000 to C and guarantees that C will repay the amount within a year. If C does not, A himself will pay the amount to B. This contract would be an example for contract of guarantee.

CASE LAW:

1) State Bank of India vs Premo Saw Mill (1983)

2) Bank of Bihar v. Damodar Prasad & Others

PARTIES TO THE CONTRACT:

1) Surety- Person who gives the guarantee.

2) Principal Debtor- Person in respect of whose default, the guarantee is given.

3) Creditor- Person to whom the guarantee is given.

ESSENTIAL ELEMENTS OF A CONTRACT OF GUARANTEE:

1) A contract of guarantee can only be between atleast 3 parties (Surety, Principal Debtor and Creditor)

2) Must contain all the essentials of a valid contract

3) It can be oral or written, can't be an implied contract.

4) A contract of guarantee requires complete disclosure of all the material facts by the Principal Debtor or the creditor to the surety before the contract is entered into by him.

5) There must be no concealment of facts and misrepresentation.

6) Surety's obligation arises only when the Principal Debtor makes a default in the performance of his obligation i.e., doesn't repay the debt. When the suit against the debtor was dismissed for there being no liability surveying against the debtor then the surety's liability automatically gets terminated.

7) Primary liability in a contract of guarantee is that of the Principal Debtor. The liability of surety is secondary.

8) Consideration

Section 127 of the Indian Contract Act, 1872 talks about the Consideration for guarantee,

Anything done, or any promise made, for the benefit of the Principal Debtor, may be a sufficient consideration to the surety for giving the guarantee.

Illustration: B asks A to provide him with things on debt and sell them to him. A consents to do so under the condition that C will ensure payment of the purchase price for the products. In exchange for A's pledge to deliver the items, C offers to guarantee the money. This serves as sufficient explanation for C's pledge.

To believe the existence of debt which says that the main function of a contract of guarantee is to secure the payment of the debt taken by the principal debtor. If no such debt exists then there is nothing left for the surety to secure. Hence in cases when the debt is time-barred or void, no liability of the surety arises. The House of Lords in the Scottish case of Swan vs. Bank of Scotland (1836) held that if there is no principal debt, no valid guarantee can exist.