SPECIAL AND LOCAL LAWS (SLLs)
1. Context
The recent introduction of Bills focusing on criminal law reform has gained widespread attention for initiating long-overdue changes in the Indian legal landscape. These Bills aim to amend the substantive criminal law as outlined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act (IEA). While these codes are significant, it's crucial to acknowledge the critical role of Special and Local Laws (SLLs) in the Indian criminal justice system.
2. Special and Local Laws (SLLs)
Special and local laws are a category of laws that are distinct from general laws. General laws apply to everyone and everything within a jurisdiction, while special and local laws apply to specific subjects or geographic areas.
Special laws are laws that apply to a particular subject matter. They are often enacted to address specific issues or problems that are not adequately covered by general laws. For example, the Narcotic Drugs and Psychotropic Substances Act, 1985 is a special law that regulates the possession, use, and trafficking of drugs in India.
Local laws are laws that apply to a particular geographic area. They are often enacted by municipalities or other local governments to address issues that are specific to their communities. For example, a city might have a local law that prohibits noise pollution after a certain hour of the night.
3. The Significance of Special and Local Laws (SLLs)
- SLLs encompass a substantial portion of criminal offences and legal procedures in India.
- In 2021, nearly 39.9% of all cognizable offences were registered under SLLs.
- This demonstrates their quantitative relevance in the criminal justice system.
- Moreover, SLLs have led to significant debates on the limits of the state's power to criminalize, especially concerning individual rights and liberties.
4. Need for Reforms in SLLs
- SLLs present a wide array of substantive and procedural issues that require attention.
- For instance, laws such as the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) suffer from vague definitions of offences such as 'terrorist act' and 'organized crime.'
- There are also concerns regarding the criminalization of consensual sexual activities between minors under the Protection of Children from Sexual Offenses Act, 2012.
- Procedurally, SLLs have diluted universally accepted due process values.
- Examples include expanded powers of search and seizure under the UAPA and the admissibility of police-recorded confessions under the MCOCA.
- Stringent provisions under various SLLs make obtaining bail nearly impossible in some cases.
5. The Evolution of Criminal Laws
- Over time, there has been a significant shift in the landscape of criminal laws in India.
- The increasing use of SLLs is at odds with the original goal of comprehensive codification.
- The Indian Penal Code was meant to be an all-encompassing legal code, inspired by Jeremy Bentham's idea of a "Pannomion."
- However, the IPC has faced criticism for its retention of archaic morality and colonial-era provisions.
6. The Future of Criminal Law
- It's essential to strike a balance between SLLs and the foundational codification represented by the IPC and CrPC.
- All SLLs that criminalize certain conduct should be incorporated as separate chapters within the broader penal code.
- Additionally, SLLs that create distinct procedures for reporting, arrest, investigation, prosecution, trial, evidence, and bail should be included within the CrPC or as exceptions to its general provisions.
7. The Way Forward
The exclusion of SLLs from ongoing criminal law reform is a significant limitation. To address this gap, a second generation of reforms is imperative. By integrating SLLs within the existing legal framework and refining their substantive and procedural aspects, India can ensure a more coherent and just criminal justice system.
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For Prelims: Special and Local Laws, Unlawful Activities (Prevention) Act, IPC, CrPC, Maharashtra Control of Organized Crime Act, POSCO Act, Narcotic Drugs and Psychotropic Substances Act,
For Mains:
1. What are Special and Local Laws (SLLs), and how do they differ from general laws in India's legal framework? (250 Words)
2. Explore the concept of "Pannomion" and discuss its relevance to the Indian legal system, with a focus on the IPC's original purpose and its current challenges. (250 Words)
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Previous Year Questions
Prelims
1. According to the definition of the POSCO Act, children under what age or less than what age is considered to be a minor? (Rajasthan Police Constable 2020)
A. Less than 16 B. Less than C. 17 Less than D. 18 Less than 14
Answer: C
2. Read the following Child Rights as mentioned in the Children's Bill of Rights - (CTET 2021)
A) I have the right to a good education, and everyone has the Responsibility to encourage all children to go to school. (Article 28, 19, 23)
B) I have the right to express my views freely which should be taken seriously, and everyone has the responsibility to listen to others. (Article 12, 13)
Which of the following Articles of the Indian Constitution are complementary to the above Child Rights?
A. Article 28 and 12 B. Article 14 and 16 C. Article 51 and 78 D. Article 32 and 44
Answer: A
3. With reference to India, consider the following statements: (UPSC 2021)
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: B
Mains 1. India’s proximity to the two of the world’s biggest illicit opium-growing states has enhanced her internal security concerns. Explain the linkages between drug trafficking and other illicit activities such as gunrunning, money laundering and human trafficking. What counter-measures should be taken to prevent the same? (UPSC 2018) |
Source: The Hindu
NATIONAL COMPANY LAW TRIBUNAL
1. Context
Observing that the National Company Law Tribunal and National Company Law Appellate Tribunal “have got down to a rot now”, the Supreme Court recently issued notice to two NCLAT members, asking them to show cause as to why contempt of court proceedings should not be initiated against them for allegedly defying its directions in a dispute relating to Finolex Cables.
2. National Company Law Tribunal (NCLT)
- The National Company Law Tribunal is a quasi-judicial body in India established under the Companies Act, 2013.
- NCLT primarily deals with matters related to corporate disputes, insolvency, restructurings, and liquidation.
- Its functions include adjudicating on issues related to companies, hearing insolvency and bankruptcy cases, overseeing the liquidation process, approving or rejecting schemes of arrangement, and handling class action suits or minority shareholder disputes.
- NCLT has multiple benches across the country, and it comprises both judicial and technical members with expertise in corporate and financial matters.
3. National Company Law Appellate Tribunal (NCLAT)
- The National Company Law Appellate Tribunal is an appellate body established under the Companies Act, 2013, and it functions as an appellate authority to hear appeals against the orders passed by the National Company Law Tribunal (NCLT).
- NCLAT provides a forum for parties to challenge NCLT's decisions.
- It primarily deals with appeals related to corporate and insolvency matters and aims to ensure the correct interpretation and application of the law.
4. Difference between the National Company Law Tribunal and the National Company Law Appellate Tribunal
| Aspect | National Company Law Tribunal (NCLT) | National Company Law Appellate Tribunal (NCLAT) |
|---|---|---|
| Primary Function | Primary adjudicating authority, handling original cases related to corporate disputes, insolvency, and restructurings. Conducts hearings and issues initial judgments. | Appellate tribunal responsible for hearing appeals against orders and decisions made by the NCLT. Reviews NCLT's decisions, does not conduct original hearings. |
| Hierarchy | First level of adjudication. Initial cases are filed with the NCLT, where disputes are heard and decided. | Higher appellate forum. Parties dissatisfied with NCLT's decisions can file appeals with the NCLAT for a review of those decisions. |
| Composition | Comprises both judicial and technical members, including judges and experts in corporate and financial matters, enabling it to conduct hearings and issue judgments. | Consists of judicial and technical members, with the primary focus on reviewing the correctness of NCLT's decisions. NCLAT does not conduct original hearings. |
| Nature of Cases | Handles original cases, conducts hearings and makes initial judgments. Deals with a wide range of matters, including company law, insolvency, mergers and amalgamations, and more. | Deals with appeals. Does not conduct original hearings. Its role is to review and reconsider the decisions made by the NCLT, ensuring that the law is applied correctly and justly. |
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For Prelims: National Company Law Tribunal, National Company Law Appellate Tribunal, Companies Act, 2013,
For Mains:
1. Describe the role and functions of the National Company Law Tribunal (NCLT) in India. How does NCLT contribute to the resolution of corporate disputes and insolvency cases? (250 Words)
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REGIONAL RAPID TRANSIT SYSTEM (RRTS)
1. Context
Recently, Prime Minister Narendra Modi marked a significant milestone in India's transportation infrastructure by inaugurating the first leg of the Regional Rapid Transit System (RRTS). This innovative mass rapid transit system, dedicated to enhancing regional connectivity, promises to revolutionize travel within the National Capital Region (NCR). With trains capable of reaching speeds up to 180 km/hour, this initial section will drastically reduce the travel time between Delhi and Meerut to less than an hour.
2. What is the RRTS Project?
- The RRTS is an integrated, mass transit network with semi-high-speed rail connectivity at its core.
- It aims to foster "balanced and sustainable urban development" by improving connectivity and accessibility throughout the NCR.
- The project's roots date back to a study commissioned by the Indian Railways in 1998-99, which envisioned an RRTS network connecting various NCR locations through fast commuter trains.
- It gained traction in 2006, with the expansion of the Delhi Metro to towns like Gurgaon, Noida, and Ghaziabad.
- The National Capital Region Planning Board (NCRPB) incorporated the project into its "Functional Plan on Transport for NCR-2032," identifying and recommending eight RRTS corridors for high-speed rail-based commuter transit services.
3. Construction of Namo Bharat by NCRTC
- The Regional Rapid Transit System, known as Namo Bharat, was constructed by the National Capital Region Transport Corporation (NCRTC).
- NCRTC is a joint venture involving the Central government, along with the governments of Delhi, Haryana, Rajasthan, and Uttar Pradesh.
- This entity operates under the Ministry of Housing and Urban Affairs and is tasked with implementing the RRTS project across the vast NCR, spanning approximately 55,000 square kilometres and accommodating a population of over 46 crore, with a combined GDP of an estimated $370 billion.
4. How RRTS Differs from Existing Metro and Railway Systems
- Compared to existing metro systems, the RRTS network offers higher speeds, catering to commuters seeking to travel longer distances across the NCR in a shorter time.
- In comparison to the Indian Railways, RRTS covers relatively smaller distances but does so at a higher frequency, providing a more comfortable experience for passengers.
- The RRTS is modelled after successful systems like the RER in Paris, Regional-Express trains in Germany and Austria, and the SEPTA Regional Rail in the United States, among others.
5. Objectives of the RRTS Project
- The RRTS project aims to unlock the full potential of the NCR in various ways, including enhancing multi-modal connectivity at existing transportation hubs.
- A significant goal is to encourage commuters to use public transportation, alleviating congestion on roads, highways, and existing metro and railway networks.
- Economically, the project intends to generate employment and stimulate the development of new commercial hubs within the NCR.
- This approach will enable more residents of suburban centres around Delhi to participate in the capital's economic activities without having to relocate.
- Reduced travel times are expected to boost the overall economic productivity of the region, fostering economic activity in suburban locations across Uttar Pradesh, Rajasthan, and Haryana.
| RRTS trains will operate significantly faster than metro systems, reaching speeds of 160 km/hour, with the potential to run at speeds up to 180 km/hour. In contrast, Delhi Metro trains typically operate at speeds ranging from 100 km/hour to 120 km/hour. |
6. Corridors Under the RRTS Project
- The RRTS project encompasses eight corridors. Three of them are currently under development in phase I, including the 82-km Delhi-Ghaziabad-Meerut, the 164-km Delhi-Gurugram-SNB-Alwar, and the 103-km Delhi-Panipat corridors.
- Future corridors include Delhi-Faridabad-Ballabgarh-Palwal, Ghaziabad-Khurja, Delhi-Bahadurgarh-Rohtak, Ghaziabad-Hapur, and Delhi-Shahadra-Baraut.
- The RRTS station at Sarai Kale Khan, situated in the heart of Delhi, serves as the backbone of the project, with all three phase I corridors converging at this central hub.
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7. Project Timeline
- The first section of the RRTS, the 'priority section,' inaugurated by the Prime Minister, covers a 17-km stretch within the 82-km-long Delhi-Ghaziabad-Meerut RRTS corridor.
- This section features 16 stations, including Sahibabad, Ghaziabad, Guldhar, Duhai, and Duhai Depot.
- The entire corridor is expected to be fully operational by 2025, marking a transformative leap in regional commuter connectivity.
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For Prelims: National Capital Region Transport Corporation, Delhi metro, National Capital Region Planning Board, National Capital Region, Regional Rapid Transit System,
For Mains:
1. Discuss the significance of the Regional Rapid Transit System (RRTS) project in transforming regional connectivity within the National Capital Region (NCR). (250 Words)
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Previous Year Questions
1. Which of the following districts has been included as the 23rd district of the National Capital Region (NCR)? (UP Police Constable 2018)
A. Shamli B. Aligarh C. Agra D. Mathura
Answer: A
2. In March 2022, India's first rapid rail was unveiled for which of the following corridors? (SSC CGL 2022)
A. Meerut - Kolkata corridor
B. Kolkata - Bhopal corridor
C. Delhi - Jaipur corridor
D. Delhi - Meerut corridor
Answer: D
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Source: The Indian Express
GAGANYAAN
1. Context
Less than two months after the successful Chandrayaan-3 Moon landing, the Indian Space Research Organization (ISRO) is embarking on a crucial mission. This mission, known as the Flight Test Vehicle Abort Mission-1 (TV-D1), is the first in a series of tests aimed at launching an Indian astronaut into space, possibly in 2025. The TV-D1 mission will demonstrate the Crew Escape System of the Gaganyaan project, ensuring the safety of astronauts in case of emergencies.
2. Gaganyaan Mission
- Gaganyaan, meaning "Sky Craft" in Sanskrit, is India's ambitious human spaceflight program aimed at sending Indian astronauts to space.
- It is a testament to India's growing prowess in the field of space exploration and a source of immense national pride.
- The program, spearheaded by the Indian Space Research Organisation (ISRO), envisions launching a crewed orbital spacecraft into low Earth orbit (LEO) for a period of up to seven days.
- The spacecraft will carry three astronauts, marking a historic first for India.
3. About The TV-D1 Mission
- The TV-D1 mission consists of two abort missions designed to test the safety mechanisms that will allow the Gaganyaan crew to escape the spacecraft during emergencies.
- In this mission, a rocket will ascend to an altitude of nearly 17 km before an abort signal triggers the separation of the crew module.
- The crew module will then descend using a parachute for a splashdown in the Bay of Bengal.
- The TV-D1 mission will have a total duration of 532 seconds, from liftoff at 8 a.m. to the crew module's splashdown about 10 km from the Sriharikota coast.
- The rocket used for this mission is ISRO's low-cost Test Vehicle, designed specifically for system testing.
- During the flight, the rocket will reach a peak relative velocity of 363 meters per second, approximately 1307 km per hour. It's important to note that the crew module will be empty for this test.
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4. Key Objectives of the TV-D1 Mission
The TV-D1 mission serves two primary objectives.
- It aims to demonstrate the capabilities of the new Test Vehicle, hence its name Test Vehicle-Demonstration 1 (TV-D1).
- It will showcase a basic version of the crew module, testing the systems responsible for separating the crew module from the rocket during an abort mission and ensuring the safe escape of astronauts.
The TV-D1 mission simulates an abort condition during the ascent trajectory, corresponding to a Mach number of 1.2, as anticipated in the Gaganyaan mission.
5. The Low-Cost Test Vehicle
- Unlike the upcoming full-fledged test flight of the crew module into space and back, which will use the human-rated LVM3 rocket in 2024, the TV-D1 mission employs a low-cost basic rocket.
- This Test Vehicle utilizes existing liquid propulsion technology but introduces innovations such as the throttleable and restartable L110 Vikas engine, capable of controlling propellant use.
- ISRO developed this cost-effective solution as each GSLV Mk III launch, which was previously used for such missions, costs between Rs 300-400 crore.
6. Safety and Crew Escape System
- Safety remains a top priority for ISRO in the Gaganyaan project, especially in light of international incidents involving space missions.
- The TV-D1 mission aims to test the systems ensuring the crew module's safety, such as environmental control, life support systems, and an integrated vehicle health management system.
- This system can detect anomalies that may jeopardize astronauts' safety and initiate mission abort procedures.
7. Preparations and Timeline for Gaganyaan
- ISRO has set a target timeframe for the Gaganyaan mission in 2024, with flexibility based on the development stages and ensuring the mission's safety.
- The schedule includes an unmanned mission at the beginning of the next year, abort missions this year, and discussions of the manned mission for late 2024 or early 2025.
- ISRO has completed the human rating of the LVM 3 rocket and performed static tests for human-rated solid rocket boosters.
8. Conclusion
The TV-D1 mission represents a significant milestone in the Gaganyaan program, as it integrates a near-complete system for a flight test. The success of this mission paved the way for further qualification tests and unmanned missions, ultimately leading to the first Gaganyaan mission with Indian astronauts. ISRO's dedication to safety and rigorous testing is paramount as India advances its space exploration endeavours.
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For Prelims: Gaganyaan programme, TV-D1 mission, Low Earth Orbit, Isro, LVM3, GSLV Mk III,
For Mains:
1. Discuss the key objectives of the TV-D1 mission within the Gaganyaan program. How does this mission contribute to astronaut safety and the overall success of Gaganyaan? (250 Words)
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Previous Year Questions
1. With reference to India's satellite launch vehicles, consider the following statements: (UPSC 2018)
1. PSLVs launch satellites useful for Earth resources monitoring whereas GSLVs are designed mainly to launch communication satellites.
2. Satellites launched by PSLV appear to remain permanently fixed in the same position in the sky, as viewed from a particular location on Earth.
3. GSLV Mk III is a four-stage launch vehicle with the first and third stages using solid rocket motors; and the second and fourth stages using liquid rocket engines.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3
C. 1 and 2
D. 3 only
Answer: A
2. India's first human space mission "Gaganyaan" will be launched in which year? (ESIC UDC 2022)
A. 2022 B. 2023 C. 2024 D. 2025 E. 2026
Answer: B
3. Find the incorrect statements, about the Gaganyaan Mission of India. (MPSC 2020)
1. Four pilots from Indian Air Force were shortlisted to be astronauts of Gaganyaan.
2. They will be trained at Yuri Gagarin Cosmonaut Centre in Russia.
3. This mission was announced by Prime Minister in 2014.
4. It is scheduled for 2022 with a team of 5 crew members and a month-long stay in space.
A. 1, 2, 3, 4 B. 2, 3, 4 C. 3, 4 D. 2, 3
Answer: C
4. ISRO is related to: (SSC JE EE 2020)
A. space research B. agricultural research C. seed research D. marine research Answer: A
5. Which of the following pairs is/are correctly matched? (UPSC 2014) Spacecraft Purpose
Select the correct answer using the code given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: B 6. Consider the following statements: (UPSC 2016) The Mangalyaan launched by ISRO 1. is also called the Mars Orbiter Mission
2. made India the second country to have a spacecraft orbit the Mars after USA
3. made India the only country to be successful in making its spacecraft orbit the Mars in its very first attempt
Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: C |
Source: The Indian Express
