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EDITORIAL ANALYSIS OF NEWSPAPERS IN LESSTHAN 10 MINUTES 27th February,20r Presented B Y,2017 chrome
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EDITORIALS COVERED IN TODAY'S LESSON THE HINDU o WHAT EXACTLY IS A MONEY BILL? o PROTECTING THE RIGHTS OF TRIBALS
QUESTION FOR ANSWER WRITING PRACTICE Q:- What are the recent developments in bilateral relations between India and Bangladesh and suggest measures to overcome the pending hurdles in strengthening the ties? Comment [Course] February 2017- Editorial Analysis of The Hindu and Other Major Newspapers / Test Preparation UPSCIAS generai-awareness deepanshu.n.singh Pinned Topics unacademy.com Newspapers... The course will bring you in-depth analysis of Important editor norm leadng newspapers like The Hindu Indian Express Livemint etc which are relevant for Unsceleny 201 Government examinations. These will help you in your Mains as wels as prelims preparation PReply
o The Supreme Court will begin hearing final arguments next month on a writ petition challenging the validity of the Aadhaar (Targeted Delivery of Financial & Other Subsidies, Benefits & Services) Act, 2016 or the Aadhaar Act o Primarily questions the legality behind the Union government's move in introducing the Aadhaar Act as a money bill.
o Money Bill-Provisions under the Constitution Under Article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters: dealing with all or any ofthe following matters: (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) regulation of borrowing by the government; (c) custody of the Consolidated Fund or Contingency Fund of India, and payments into or withdrawals from these Funds; (d) appropriation of moneys out of the Consolidated Fund of India; (e) declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure; () receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f But a Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. o Article 110 (3) lays down that "if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon shall be final". This means that once the Speaker has certified a Bill as a Money Bill, its nature cannot be questioned in a court of law, in the Houses of Parliament, or even by the President.
A closer examination will only show that the introduction of the Aadhaar Act as a money bill contravenes the bare text of the Constitution. Adhaar was conceived as a scheme to provide to every Indian a unique identity number, with a purported view to enabling a fair and equitable distribution of benefits and subsidies o There is little doubt that the scheme's introduction, with no prior legislative backing, was completely unjustifiable as a measure of democraticgovernance Draft of the statute was eventually introduced in the Rajya Sabha, in December 2010, it was done so as an ordinary A parliamentary standing committee released a detailed report differing with the government of the time over critical aspects of the bill particularly its treatment of concerns over privacy and protection of data security o The court issued a series of interim orders prohibiting the state from making Aadhaar mandatory after several PILs were filed, while permitting its use only for a set of limited governmental schemes. The New Bill-AadhaarTargeted Delivery of Financial& Other Subsidies. Benefits & Services) Bill. 2016 In March 2016, the Union government withdrew the earlier bill, and introduced, in its place, as a money bill, a new draft legislation. Govt countered opposition by stating the Speaker's decision to classify a draft legislation as a money bill is immune from judicial review, and that, in any event, the Aadhaar Bill fulfilled all the constitutional requirements of a money bill
o Scope of Judicial review Supreme Court's judgment in Mohd. Saeed Siddiqui v. State of UP (2014)-Here, a three-judge bench had ruled, in the context of State legislatures, that a Speaker's decision to classify a draft statute as a money bill, was not judicially reviewable, even if the classification was incorrect But this Judgement is flawed it brushes aside the verdict of a Constitution Bench in Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007), where the court had ruled that clauses that attach finality to a determination of an issue do not altogether oust the court's jurisdiction. That is, the bench held, there are numerous circumstances where the court can review parliamentary pronouncements Biometric database and no explicit mention of funds to be made available to the executive to carry out specific tasks makes the Speaker's decision to confirm the government's classification s, therefore, an error that is not merely procedural in nature but one that constitutes, in substance, an unmitigated flouting of Article 110. ai st Privacy Data can be misused->It permits the creation of a database of not only biometric information but also various other private data itself, a treasurable value. It has the effect of negating altogether the Rajya Sabha's legislative role, making, in the process, a mockery of Privacy is important not merely because it advances the cause of equality and freedom but also because it is, in and of our democracy
o BITs and Tribal Rights Recent instances of conflict->RKIA an Emirati investor, recently initiated an investment treaty arbitration (ITA) claim against India under the India-UAE Bilateral Investment Treaty (BIT)-after a MoU between Andhra Pradesh and RAKIA to supply bauxite to Anrak Aluminum Limited, in which RAKIA has 13% shareholding, was cancell ed. alleged that the concerns of the tribal population in those areas led to cancellation of the MoU. o Similarly, in 2014, Bear Creek Mining Corporation initiated an ITA against Peru under the investment chapter of the Canada-Peru Free Trade Agreement after protests by indigenous peoples. WhatisBIT2 A bilateral investment treaty (BIT) is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in another state( FDIs) with guarantees of fair and equitable treatment, protection from expropriation, free transfer of means and full protection and security. Criticism-they are mostly designed to protect the foreign investors and do not take into account obligations and standards to protect the environment, labour rights, social provisions or natural resources. o Link- India will renegotiate its previous BITS
o Protection under law o The United Nations Declaration on the Rights of Indigenous People (UNDRIP), 2007 recognises indigenous peoples' The United Nations Declaration on the Rights of Indigenous People UND RIP), 2007 recognises indigenous peoples" rights to self-determination, autonomy and their right against forcible displacement and relocation (India voted in favour) o International Labour Organisation (ILO) convention- respect for the cultures and ways of life of indigenous peoples" India- is a party to the ILO Convention concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries, 1957 which is outdated and closed for ratification Constitution provides autonomy to tribal areas in matters ofgovernance under the Fifth and Sixth Schedules o Supreme Court-SamathavState of Andhra Pradesh& Ors (199Z) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. o Further Recognition of Forest Rights Act, 2006 which protects the individual and community rights oftribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement.