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DAILY CURRENT AFFAIRS, 24 JUNE 2024

SPEAKER OF LOK SABHA

 
 
 
1. Context
 
The President has appointed seven-time MP Bhartruhari Mahtab as the ‘Speaker pro tem’ of the 18th Lok Sabha. The election of the full-time Speaker is scheduled for June 26. There are also reports of the Deputy Speaker being offered to one of the allies of the ruling National Democratic Alliance (NDA), a post that has been held by the Opposition since the 10th Lok Sabha (1991)
 
2. Speaker of Lok Sabha
 
The Speaker of the Lok Sabha is the presiding officer and the highest authority in the Lower House of the Parliament of India. This position is pivotal in the functioning of the Lok Sabha and plays a crucial role in maintaining order and conducting its proceedings impartially. The Speaker is elected by members of the Lok Sabha from among themselves
The Speaker plays a crucial role in ensuring the effective functioning of parliamentary democracy in India. Their impartiality and adherence to parliamentary norms are essential in upholding the integrity and dignity of the Lok Sabha
 
3. What are the constitutional provisions related to the Speaker?

The constitutional provisions related to the Speaker of the Lok Sabha in India are primarily outlined in the Constitution of India, particularly in Articles 93 to 97.

Here are the key constitutional provisions related to the Speaker:

  • Article 93(1) states that the Lok Sabha (House of the People) shall choose two of its members to be the Speaker and the Deputy Speaker.
  • Article 94(1) provides that the Speaker or the Deputy Speaker may resign by writing addressed to the Deputy Speaker or, if the office of Deputy Speaker is vacant, to the President of India.
  • Article 94(2) states that before the House of the People first meets after each general election and before the office of Speaker and Deputy Speaker becomes vacant, the President shall appoint from among the members of the House a Speaker pro tem.
  • Article 95 provides for the election of a Deputy Speaker of the Lok Sabha by its members.
  • Article 96 outlines the procedure for the removal of the Speaker and the Deputy Speaker. It states that they may be removed from office by a resolution of the Lok Sabha passed by a majority of all the then members of the House, after giving not less than 14 days’ notice of the intention to move the resolution.
  • Article 97 provides for the vacation of the office of Speaker or Deputy Speaker, stating that their office shall become vacant if they cease to be a member of the Lok Sabha.
 
4. How are a Speaker and Deputy Speaker elected?
 

In India, both the Speaker and the Deputy Speaker of the Lok Sabha are elected by the members of the Lok Sabha (House of the People), as per the provisions laid out in the Constitution of India and the Rules of Procedure and Conduct of Business in Lok Sabha.

Election of the Speaker:

  • Nomination: Any member of the Lok Sabha who is eligible to be elected as Speaker may propose another member as a candidate for the office of Speaker. This proposal must be supported by at least 50 members.

  • Voting: Once nominations are completed, voting takes place by a simple majority of members present and voting. The voting is conducted by means of a voice vote or a division (where members physically stand up to indicate their choice).

  • Oath: After the election, the newly elected Speaker has to make and subscribe to an oath or affirmation before the President or some person appointed in that behalf by the President.

  • Assumption of Office: The Speaker assumes office immediately after taking the oath or affirmation.

Election of the Deputy Speaker:

  • Nomination: Similar to the Speaker, any member of the Lok Sabha may propose another member as a candidate for the office of Deputy Speaker. The proposal needs support from at least 50 members.

  • Voting: Voting for the Deputy Speaker also takes place by a simple majority of members present and voting. The procedure for voting is the same as for the Speaker.

  • Oath: Once elected, the Deputy Speaker has to make and subscribe to an oath or affirmation before the Speaker or some person appointed in that behalf by the Speaker.

  • Assumption of Office: The Deputy Speaker assumes office immediately after taking the oath or affirmation.

5. What are the duties of the pro-tem Speaker?
 
The pro-tem Speaker is appointed temporarily to preside over the first meeting of the Lok Sabha after a general election until a regular Speaker is elected. The duties and responsibilities of the pro-tem Speaker primarily involve ensuring the smooth conduct of the proceedings during this initial phase.
 
Here are the key duties of the pro-tem Speaker:
  • The pro-tem Speaker convenes the first meeting of the newly elected Lok Sabha. This includes overseeing the swearing-in ceremony of newly elected members.
  •  The pro-tem Speaker administers the oath or affirmation to all members-elect of the Lok Sabha.
  • During the first meeting, the pro-tem Speaker presides over the House. They ensure that the proceedings are conducted in accordance with parliamentary rules and procedures.
  • The primary duty of the pro-tem Speaker is to facilitate the election of the regular Speaker of the Lok Sabha. They oversee the process of nominations and the voting procedure until a Speaker is elected
  • Similar to the regular Speaker, the pro-tem Speaker maintains order and decorum in the House. They have the authority to call members to order and ensure that debates and discussions are conducted respectfully
  • The pro-tem Speaker decides on points of order raised during the proceedings and interprets parliamentary rules as necessary
  • Until the regular Speaker assumes office, the pro-tem Speaker represents the Lok Sabha in ceremonial functions or interactions with the President or other dignitaries.
  • Once the regular Speaker is elected by the members of the Lok Sabha, the pro-tem Speaker facilitates the smooth transition of responsibilities and hands over charge to the elected Speaker
6. What is the process for the removal of the Speaker?
 
The process for the removal of the Speaker of the Lok Sabha in India is outlined in Article 94 of the Constitution of India.
 
Here’s a detailed explanation of the process:
  • A resolution for the removal of the Speaker can be moved in the Lok Sabha. This resolution must be supported by at least 50 members of the House

  •  A minimum notice period of 14 days is required before the resolution can be taken up for consideration in the House. This notice period allows for adequate preparation and notification to all members
  • The resolution for removal is debated and discussed in the Lok Sabha. Members are given an opportunity to present arguments for or against the removal of the Speaker.
  • After the debate, the resolution is put to vote. The resolution for removal of the Speaker requires a majority of all the then members of the Lok Sabha (i.e., a simple majority of members present and voting is not sufficient)
  • If the resolution for removal is passed by a majority of all the then members of the Lok Sabha, the Speaker ceases to hold office from the date of the passing of the resolution
  • Upon the removal of the Speaker, the office of the Speaker becomes vacant. The Deputy Speaker or, in their absence, any other member of the Lok Sabha presides over the House until a new Speaker is elected
 
 
 
 
 
For Prelims:  Indian Polity
For Mains:  GS-II: Governance, Constitution and Polity
 
 
Previous Year Questions
 
1.With reference to the Speaker of Lok Sabha, consider the following statements: (UPSC CSE 2024)

While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

1. He/She shall not preside.

2. He/She shall not have the right to speak.

3. He/She shall not be entitled to vote on the resolution in the first instance.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer (a)
  • Statement 1 is correct. The Speaker shall not preside while a resolution for his/her removal is under consideration.
  • Statements 2 and 3 are incorrect. The Speaker can speak and vote in the first instance as a member, but not as the presiding officer.
 
 
Source: Indianexpress
 

INVASIVE ALIEN SPECIES 

 
 
 
 
1. Context
 
 
After decades of trying to control its population of crows, the Kenyan government plans to poison 1 million house crows by December 31 2024.
 
 
2. About Invasive alien species
 

Invasive alien species (IAS), also known simply as invasive species, are non-native organisms that, when introduced to a new environment, can cause harm to the native ecosystem, economy, or human health. These species often thrive in their new environment due to the absence of natural predators or competitors, leading to rapid population growth and ecological disruption.

The key points about invasive alien species

Invasive species can be introduced intentionally or accidentally by humans. Intentional introductions often occur for agricultural, horticultural, or ornamental purposes, while accidental introductions can happen through global trade, transport, or tourism.

  • Invasive species can outcompete native species for resources such as food, water, and habitat, leading to declines in native populations. They may also alter ecosystem processes such as nutrient cycling and fire regimes, leading to long-term ecological changes.
  • Invasive species can have significant economic impacts by damaging crops, forests, fisheries, and infrastructure. Control and management efforts to mitigate these impacts can be costly and time-consuming.
  • Some invasive species can pose direct threats to human health by transmitting diseases or causing allergic reactions. For example, certain invasive plants may produce pollen that triggers allergies in sensitive individuals.
  • The rise of global trade and travel has facilitated the spread of invasive species, leading to an increase in their prevalence and distribution worldwide. Climate change may also exacerbate the problem by creating new habitats suitable for invasive species.
  • Efforts to manage and control invasive species include prevention, early detection and rapid response, eradication, and long-term control measures. These efforts often require collaboration between government agencies, researchers, conservation organisations, and the public.
 
3. How do ‘IAS’ impact native species?
 

Invasive alien species (IAS) can impact native species in various ways, often leading to significant ecological disruption.

The primary ways in which IAS affect native species

  •  Invasive species can compete with native species for essential resources such as food, water, space, and sunlight. They may have competitive advantages, such as rapid reproduction rates or lack of natural predators, which allow them to outcompete native species for resources.
  •  Invasive species may prey on or consume native species, leading to declines in native populations. For example, invasive predators can decimate native prey populations, while invasive herbivores can overgraze native vegetation, altering habitat structure and reducing food availability for native species.
  • Invasive species can modify habitats through activities such as burrowing, nesting, or altering vegetation composition. These habitat alterations can disrupt native species' ability to find suitable nesting sites, forage for food, or carry out other essential behaviours.
  • Some invasive species can introduce new diseases or parasites to native populations, which may lack immunity to these pathogens. This can lead to disease outbreaks and population declines in native species. For example, the chytrid fungus, introduced by the global amphibian trade, has caused widespread declines and extinctions among native amphibian species.
  • Hybridization between invasive and native species can occur when they come into contact. This can lead to genetic introgression, where genes from the invasive species are incorporated into native populations, potentially altering their genetic diversity and fitness.
  • Invasive species can disrupt ecological relationships and food webs by altering species interactions. For example, if an invasive species outcompetes a native species for a shared prey species, it can indirectly impact other species that rely on that prey for food.

 

4. About the Convention on Biological Diversity (CBD)

 

The Convention on Biological Diversity (CBD) is an international treaty aimed at conserving biodiversity, promoting sustainable use of biological resources, and ensuring the fair and equitable sharing of benefits derived from genetic resources. It was opened for signature at the Earth Summit in Rio de Janeiro, Brazil, in 1992, and entered into force on December 29, 1993. The CBD has three main objectives:

  1. The CBD aims to conserve biological diversity, including ecosystems, species, and genetic diversity, through the establishment and management of protected areas, the conservation of threatened species, and the restoration of degraded ecosystems.
  2. The CBD promotes the sustainable use of biological resources to meet current and future human needs while ensuring the long-term health and resilience of ecosystems. This includes activities such as sustainable forestry, fisheries management, and sustainable agriculture practices.
  3. The CBD seeks to ensure the fair and equitable sharing of benefits derived from the utilization of genetic resources, including the sharing of monetary and non-monetary benefits with countries and communities that are the custodians of those resources.

The CBD operates through meetings of the Conference of the Parties (COP), which are held regularly to review progress, negotiate agreements, and make decisions on matters related to the implementation of the convention. The COP has adopted several protocols and agreements to further the objectives of the CBD, including the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access and Benefit-sharing.

 

5. What are invasive species?

 

Invasive species are organisms that are introduced, either intentionally or unintentionally, into a new environment where they are not native. These introduced species can cause harm to the environment, economy, or even human health.

Here's a breakdown of what makes a species invasive:

  • Non-native: They come from a different region and weren't originally part of the local ecosystem.
  • Harmful: They cause ecological or economic damage in their new environment. This can include things like outcompeting native species for resources, preying on them, or introducing diseases.

Not all introduced species become invasive. Some introduced species can even be beneficial, like honeybees which are crucial for pollinating crops. However, invasive species become problematic because they lack the natural controls (predators, diseases) they faced in their original habitat. This allows them to reproduce rapidly and disrupt the balance of the new ecosystem.

 

6. The Wildlife (Protection) Act, 1972
 

The Wildlife (Protection) Act of 1972 serves as a legal framework aimed at safeguarding various species of wild animals and plants, managing their habitats, and regulating and controlling trade in wildlife and wildlife products. It plays a crucial role in conservation efforts and biodiversity preservation in India.

Key Provisions

  • The Act categorizes species into different schedules based on their conservation status, providing varying degrees of protection and monitoring by the government.
  • India's accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was facilitated by the Wildlife Act.
  • The Act now extends to Jammu and Kashmir following the reorganisation act.

Constitutional Framework

  • The 42nd Amendment Act, 1976, transferred Forests and Protection of Wild Animals and Birds from the State to the Concurrent List.
  • Article 51 A (g) mandates citizens to protect and improve the natural environment, including forests and wildlife.
  • Article 48 A in the Directive Principles of State Policy emphasizes the state's duty to protect and improve the environment, safeguarding forests, and wildlife.

Schedules under the Act

  • Schedule I: Encompasses endangered species requiring stringent protection, with severe penalties for violations. Hunting is prohibited except in cases of threat to human life or incurable disease.
  • Schedule II: Includes species accorded high protection with trade prohibition.
  • Schedule III & IV: Lists non-endangered species with hunting prohibition, but with lesser penalties compared to Schedules I and II.
  • Schedule V: Contains vermin species that can be hunted, including Common Crows, Fruit Bats, Rats, and Mice.
  • Schedule VI: Regulates the cultivation and trade of specified plants, requiring prior permission for cultivation, possession, sale, and transportation.

Examples of Protected Species

  • Schedule I: Black Buck, Snow Leopard, Himalayan Bear, Asiatic Cheetah.
  • Schedule II: Assamese Macaque, Himalayan Black Bear, Indian Cobra.
  • Schedule III & IV: Chital (spotted deer), Bharal (blue sheep), Hyena, Sambhar (deer).
  • Schedule V: Common Crows, Fruit Bats, Rats, Mice.
  • Schedule VI: Beddomes’ cycad, Blue Vanda, Red Vanda, Kuth, Slipper orchids, Pitcher plant.
 
 7. Netaji Subhas Chandra Bose Island
 

 

8. What is IPBES?

The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) is an independent intergovernmental body established to assess the state of biodiversity, ecosystems, and the contributions they provide to human well-being. IPBES was established in 2012 and is headquartered in Bonn, Germany.

Key functions and objectives of IPBES include

  • IPBES conducts regular assessments of the state of biodiversity and ecosystem services at the global, regional, and national levels. These assessments involve synthesizing scientific knowledge from experts around the world and providing policymakers with information to support decision-making.
  • IPBES provides policymakers with evidence-based assessments, tools, and policy recommendations to promote the conservation and sustainable use of biodiversity and ecosystems. This includes identifying policy options and best practices for addressing the drivers of biodiversity loss and ecosystem degradation.
  • IPBES supports capacity-building efforts to enhance the ability of countries and stakeholders to assess, manage, and conserve biodiversity and ecosystem services effectively. This includes providing training, technical support, and guidance on assessment methodologies and tools.
  • IPBES facilitates knowledge exchange and collaboration among scientists, policymakers, practitioners, indigenous and local communities, and other stakeholders involved in biodiversity and ecosystem management. This includes organizing workshops, conferences, and other events to share information and best practices.
  • IPBES promotes policy-relevant research on biodiversity and ecosystem services to address knowledge gaps and support informed decision-making. This includes identifying research priorities and coordinating research efforts across disciplines and sectors.

IPBES operates through a multistakeholder governance structure involving governments, scientists, indigenous and local communities, non-governmental organisations, and other stakeholders. It conducts its work through a series of plenary sessions, expert groups, and technical support units focused on specific thematic areas and regions.

 

9. The Way Forward

By taking a proactive and collaborative approach to managing invasive species like chital on Ross Island, it's possible to mitigate their negative impacts on native biodiversity and ecosystems while promoting sustainable conservation practices.

 

For Prelims: Ross Island, Invasive Alien Species, Wild Life Protection Act, IPBES, Convention on Biological Diversity, Netaji Subhash Chandra Bose Island, Spotted deer
 
For Mains: 
1. The growing problem of invasive alien species poses a significant threat to global biodiversity and ecosystem health. Discuss the various factors contributing to the spread of Invasive alien species and critically evaluate different approaches for their control and management. (250 Words)

 

Previous Year Questions

1. If a particular plant species is placed under Schedule VI of the Wildlife Protection Act, 1972, what is the implication? (UPSC 2020)

(a) A licence is required to cultivate that plant.
(b) Such a plant cannot be cultivated under any circumstances.
(c) It is a Genetically Modified crop plant.
(d) Such a plant is invasive and harmful to the ecosystem.

 

2. Ross Island in the Andaman and Nicobar group of islands has been recently renamed as? (CMAT 2021)

A. Shaheed dweep  B. Swaraj dweep   C. Netaji Subhas Chandra Bose Island   D. Atal Island 

3. Which of the following pairs of old names and new names of islands in India is/are correctly matched? (NDA 2019) 

1. Ross Island : Shaheed Dweep
2. Neil Island : Netaji Subhas Chandra Bose Dweep
3. Havelock Island : Swaraj Dweep

Select the correct answer using the code given below:

A. 1, 2 and 3      B. 2 and 3 only      C. 1 and 2 only         D. 3 only

 

4. 'Invasive Species Specialist Group' (that develops Global Invasive Species Database) belongs to which one of the following organizations? (UPSC 2023)

A. The International Union for Conservation of Nature
B. The United Nations Environment Programme
C. The United Nations World Commission for Environment and Development
D. The World Wide Fund for Nature

5. With reference to the International Union for Conservation of Nature and Natural Resources (IUCN) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which of the following statements is/are correct? (UPSC 2015)

1. IUCN is an organ of the United Nations and CITES is an international agreement between governments.
2. IUCN runs thousands of field projects around the world to better manage natural environments.
3. CITES is legally binding on the States that have joined it, but this Convention does not take the place of national laws.

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

 

6. Which of the following are the most likely places to find the musk deer in its natural habitat? (UPSC 2020) 

1. Askot Wildlife Sanctuary
2. Gangotri National Park
3. Kishanpur Wildlife Sanctuary
4. Manas National Park

Select the correct answer using the code given below: 

A. 1 and 2 only         B. 2 and 3 only       C. 3 and 4 only        D. 1 and 4 only

Answers: 1-A, 2-C, 3-D, 4-A, 5-B, 6-A

Source: The Indian Express

PRO-TEM SPEAKER

 
 
1.Context
Having castigated the new BJP-led NDA government for ignoring the claim of the eight-term Lok Sabha MP from the Congress, Kodikunnil Suresh, for the Pro tem Speaker’s position in the newly-elected House while appointing BJP MP Bhartruhari Mahtab to it, the Opposition INDIA bloc is now likely to reject the role given to Suresh and two other Opposition MPs to assist Mahtab in administering oath to the new members
 
2.Who is pro-tem Speaker?
  • A Protem Speaker, or Pro Tempore Speaker, is a temporary or acting Speaker of a legislative body, such as a parliament or house of representatives. This position is typically filled when the regular Speaker is absent, incapacitated, or the position is vacant. The Protem Speaker carries out the duties and responsibilities of the Speaker during this interim period.
  • In many legislative systems, the Protem Speaker is often a senior or respected member of the legislature who is appointed to maintain the order and continuity of legislative proceedings. Their role is crucial in ensuring that legislative activities can continue without interruption and that procedural rules are followed
  • The pro-tem Speaker is appointed by the President of India. This appointment is typically made from among the senior-most members of the Lok Sabha. The role of the pro-tem Speaker is to preside over the first meeting of the newly elected Lok Sabha, administer the oath of office to new members, and oversee the election of the Speaker of the Lok Sabha.

3.What are the duties of the pro-tem Speaker?

  • Presiding Over the First Meeting: The pro-tem Speaker presides over the first meeting of the newly elected Lok Sabha until a regular Speaker is elected.

  • Administering the Oath: The pro-tem Speaker administers the oath of office to the newly elected members of the Lok Sabha. This is a crucial step to formally induct members so they can participate in parliamentary proceedings.

  • Conducting the Election of the Speaker: The pro-tem Speaker oversees the election process of the new Speaker of the Lok Sabha. This involves ensuring that the election is conducted fairly and in accordance with established parliamentary rules and procedures.

  • Maintaining Order: While presiding over the session, the pro-tem Speaker is responsible for maintaining order and decorum in the House, ensuring that proceedings are conducted smoothly.

The role of the pro-tem Speaker is temporary and primarily ceremonial, aimed at facilitating the initial proceedings of the new Lok Sabha. Once the Speaker is elected, the pro-tem Speaker's duties come to an end.

4.What are the constitutional provisions related to the Speaker?

 
  • The Speaker plays a crucial role in parliamentary democracy. The Constitution of India establishes the positions of the Speaker and Deputy Speaker, who, according to Article 93, are to be elected "as soon as may be" after the House convenes.
  • The Speaker is chosen by a simple majority vote in the House. Their term concludes with the dissolution of the House unless they resign or are removed from office beforehand.
  • According to Article 94 of the Constitution, a no-confidence motion against the Speaker requires a 14-day notice. Additionally, the Speaker, like any other member, can be disqualified.
  • There are no specific qualifications required to become the Speaker, meaning any member of the House can be considered. Nonetheless, the role of the Speaker is unique compared to other members.
  • The Speaker's salary is sourced from the Consolidated Fund of India, unlike the salaries of other MPs, which are determined by a statute passed by the House itself.
 
5.Powers of the Speaker
  • Managing House Affairs: The Speaker, in collaboration with the Leader of the House, determines the conduct of government proceedings. Members must obtain prior approval from the Speaker to raise questions or initiate discussions.

  • Handling Questions and Records: The Speaker assesses the suitability of questions raised by members and oversees the publication of House proceedings. She holds the authority to censor, either wholly or partially, any remarks deemed unparliamentary. Criticisms directed towards the ruling party may be omitted from publication if deemed necessary by the Speaker.

  • Exercising Casting Vote: As per Article 100 of the Constitution, regarding voting in legislative chambers, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, or their substitutes, abstain from voting initially but may exercise a casting vote in the event of a tie.

  • No-confidence Motions: A Speaker's impartiality is especially crucial during motions of no-confidence against the government, impacting the Opposition significantly.

  • Disqualification of Members: Under the Tenth Schedule or anti-defection law, integrated into the Constitution via the Fifty-Second (Amendment) Act, 1985, the Speaker holds the authority to disqualify legislators who defect from their party.

 
In the landmark case of Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld the Speaker's authority, stating that only the Speaker's final decision is subject to judicial review. Furthermore, in 2020, the Supreme Court ruled that Speakers of Assemblies and the Lok Sabha must adjudicate disqualification petitions within three months, barring exceptional circumstances.
 
6.What are the roles and responsibilities of the Speaker?

The Speaker of a legislative body, such as the Speaker of the House of Representatives in the United States, plays a crucial role in the functioning of the legislative process. The responsibilities of the Speaker include a mix of procedural, administrative, and representative duties. Here are the key roles and responsibilities:

  •  The Speaker maintains order during debates and ensures that legislative rules and procedures are followed.
  •  They moderate debates, decide who may speak, and manage the flow of discussion on the floor.
  • The Speaker rules on points of order and interprets the House rules, ensuring fair and orderly conduct of business.
  •  The Speaker oversees the administration of the House, including managing legislative staff and House offices.
  •  They control the legislative agenda, deciding which bills and issues are considered and when they are debated.
  • The Speaker represents their congressional district, advocating for the interests and concerns of their constituents.
  •  As a prominent political leader, the Speaker often represents the House and their party on national and international issues.
  •  The Speaker has the power to appoint members to various committees, including selecting committee chairs and influencing the composition of committees.
  •  They refer bills and resolutions to appropriate committees for consideration.
  •  As the leader of the majority party in the House, the Speaker plays a key role in setting the party's legislative priorities and strategy.
  •  They coordinate with party members to garner support for the party’s legislative agenda and ensure party discipline.
  •  The Speaker acts as a spokesperson for the House, communicating its actions and policies to the public and the media.
  • They engage in negotiations with the Senate, the President, and other key political figures on major legislative issues.
  • The Speaker performs various ceremonial duties, such as presiding over joint sessions of Congress and representing the House at official events.

In summary, the Speaker's role is multifaceted, involving leadership, administrative oversight, procedural management, and representation. They are pivotal in shaping the legislative agenda, maintaining order in the House, and representing both their constituents and their party on the national stage.

7.What is the process for the removal of the Speaker?

The process for the removal of the Speaker of the House of Representatives involves several steps, typically initiated by members of the House. Here is an outline of the process:

  •  Any member of the House can introduce a resolution known as a "motion to vacate the chair," which calls for the Speaker's removal.
  •  The motion must be filed with the House Clerk.
  •  The motion is referred to the House Rules Committee, which schedules it for consideration by the full House.
  •  The House debates the motion. The length and terms of the debate are typically set by the Rules Committee.
  •  Following the debate, the motion is put to a vote by the entire House of Representatives.
  •  A simple majority (more than half of the members present and voting) is required to pass the motion.
  •  If the motion to vacate the chair passes, the Speaker is removed from office immediately. The House then proceeds to elect a new Speaker.
  •  If the motion does not receive a majority vote, the Speaker remains in office.
 
 
 
For Prelims:Indian Polity
For Mains:GS-II: Governance, Constitution, Polity
 
 
Previous year questions

1.Consider the following statements: (UPSC CSE 2017)

1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected.

2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition.

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(d)

The correct answer is option 4 i.e. Neither 1 nor 2. India has first past the post system of election for Lok Sabha or State Assembly, wherein a candidate who wins the election may not (need to) get majority (50%+1) votes. Also, the constitution of India has adopted the system of territorial representation for the election of members to the Lok Sabha or State Assembly. Under this system, MP or MLA represents a geographical area known as a constituency. From each constituency, only one representative is elected. Hence such a constituency is known as a single-member constituency. In this system, a candidate who secures the majority of votes is declared elected. Hence, statement 1 is not correct. Till 10th Lok Sabha, both the Deputy Speaker and the Speaker were usually from the ruling party. From the 11th Lok Sabha, there has been a consensus that the post of Deputy Speaker goes to the main opposition party and the Speaker comes from the ruling party (or ruling alliance). Meaning it's an 'informal consensus' among political parties and not Constitutional provision. Hence, statement 2 is not correct.

 
Source: Indian express
 
 

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)

 
 
 
1. Context
 
 
The Human resources head of NewsClick, Amit Chakraborty, has moved an application in a Delhi court, seeking permission to turn approver in a case filed under provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) against the news portal.
 
 
2. About Unlawful Activities (Prevention) Act (UAPA)
 

The Unlawful Activities (Prevention) Act (UAPA) is an Indian law that was enacted in 1967 to effectively prevent unlawful activities that pose a threat to the sovereignty and integrity of India.

Key highlights of the UAPA

  • Objective: The primary objective of the UAPA is to provide law enforcement agencies with effective tools to combat terrorism and other activities that threaten the security of the nation.
  • Definition of Unlawful Activities: The act defines unlawful activities to include actions that intend to or support the cession of a part of the territory of India or disrupt the sovereignty and integrity of the country.
  • Powers of Designation: The government has the authority to designate an organization as a terrorist organization if it believes that such an organization is involved in terrorism. This designation has significant legal consequences, including the freezing of assets.
  • Powers of Arrest and Detention: The UAPA provides law enforcement agencies with powers of arrest and detention to prevent individuals from engaging in unlawful activities. The act allows for preventive detention to curb potential threats before they materialise.
  • Banning of Terrorist Organizations: The government can proscribe organizations as terrorist organizations, making their activities illegal. This includes banning these organisations, freezing their assets, and taking other measures to curb their operations.
  • Admissibility of Confessions: The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. This provision has been a point of contention, with concerns about potential misuse and coercion.
  • Designation of Individuals as Terrorists: In addition to organizations, the UAPA allows the government to designate individuals as terrorists. This designation carries legal consequences, including restrictions on travel and freezing of assets.
  • Amendments and Stringency: Over the years, the UAPA has undergone several amendments to strengthen its provisions and make it more effective in dealing with emerging threats. However, these amendments have also been criticized for potential violations of civil liberties.
  • International Cooperation: The UAPA allows for cooperation with foreign countries in matters related to the prevention of unlawful activities. This includes extradition of individuals involved in such activities.
 

3. Unlawful Activities (Prevention) Act (UAPA) and Human Rights

 

The Unlawful Activities (Prevention) Act (UAPA) and human rights lie in the impact the act can have on various fundamental rights guaranteed by the Constitution of India and international human rights standards.

The key points connecting the UAPA and human rights:

  • The UAPA allows for preventive detention, which means individuals can be detained without formal charges based on suspicions of involvement in unlawful activities. This raises concerns about the right to liberty, as individuals may be deprived of their freedom without the presumption of innocence until proven guilty.
  • The admissibility of confessions made to police officers under the UAPA raises issues related to the right against self-incrimination. There is a risk that such confessions might be obtained under duress or coercion, compromising the fairness of legal proceedings.
  • Designating individuals as terrorists and proscribing organizations without due process may impinge on the right to a fair trial. This includes the right to be informed of charges, the right to legal representation, and the right to present a defense.
  • The UAPA provides authorities with the power to proscribe organizations as terrorist organizations, limiting their activities. Critics argue that this may infringe upon the right to freedom of association, particularly when such designations are made without sufficient evidence or proper legal procedures.
  • The potential for misuse of the UAPA to target individuals or organizations critical of the government raises concerns about freedom of expression. If the act is used to suppress dissent or stifle legitimate political or social activities, it can undermine this fundamental right.
  • The UAPA grants authorities the power to intercept communications and conduct surveillance on individuals suspected of engaging in unlawful activities. This raises concerns about the right to privacy, as individuals may be subjected to intrusive surveillance without adequate safeguards.
  • Human rights standards require that any restrictions on rights, such as those imposed by the UAPA, must be proportionate and necessary for achieving a legitimate aim. Critics argue that the broad scope of the UAPA may lead to disproportionate measures that unduly restrict individual rights.
  • The UAPA's compatibility with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), is a critical point of consideration. Ensuring that the act aligns with these standards is essential to upholding human rights principles.
 

4. Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Constitution

 

The Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Indian Constitution lie in how the UAPA's provisions for arrest and detention intersect with the constitutional safeguards provided under Article 22. 

  • Article 22 provides certain protections to individuals who are arrested or detained. It outlines the rights of arrested individuals, emphasizing safeguards to prevent arbitrary or unlawful detention.
  • Article 22(1) states that every person who is arrested and detained shall be informed, as soon as may be, of the grounds for such arrest. This provision ensures that individuals are aware of the reasons behind their arrest, preventing arbitrary or secret detentions.
  • Article 22(1) also guarantees the right of an arrested person to consult and be defended by a legal practitioner of their choice. This ensures that individuals have access to legal assistance during the legal process, contributing to a fair and just legal system.
  • The UAPA includes provisions for preventive detention, allowing authorities to detain individuals to prevent them from committing certain offences. However, Article 22(4) allows preventive detention only under specific circumstances, and certain safeguards must be followed, such as providing the detenu with the grounds for detention and an opportunity to make a representation against the detention.
  • Article 22(4) further mandates that a person detained under a law providing for preventive detention must be afforded the earliest opportunity to make a representation against the detention. Additionally, the case of every person detained is required to be placed before an advisory board within three months.
  • The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. However, this provision has been a point of concern concerning Article 22, as confessions obtained under duress or coercion may violate the right against self-incrimination.
  • Article 22(2) ensures the right to be brought before the nearest magistrate within 24 hours of arrest, excluding the time necessary for the journey. This provision aims to prevent prolonged detention without judicial oversight and contributes to the right to a speedy trial.
 
 
For Prelims: Unlawful Activities (Prevention) Act, Article 22, Terrorism
For Mains: 
1. Discuss the key provisions of the Unlawful Activities (Prevention) Act (UAPA) and analyze how they may impact fundamental human rights. Elaborate on the balance between national security concerns and the protection of individual rights. (250 Words)

 

Previous Year Questions

1. Under Article 22 of the Constitution of India, with the exception of certain provisions stated there in, what is the maximum period for detention of a person under preventive detention? (MPSC 2014)

A. 2 months       B. 3 months         C. 4 months           D. 6 months

 

2. Article 22 of the Constitution ensures (CTET 2016)

A. Right not to be ill-treated during arrest or while in custody

B. Right to Constitutional Remedies

C. Right against Exploitation

D. Right to Education

Answers: 1-B, 2-A

Mains

1. Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities(Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organizations. (UPSC 2019)

Source: The Indian Express

 

CASTE CENSUS

 

1. Context

An 87-page judgment by Chief Justice K Vinod Chandran and Justice Harish Kumar of the Patna High Court struck down 65 per cent reservation in Bihar. This expansion was based on the much-discussed Caste Survey of 2023. The verdict is consistent with the jurisprudence of the Supreme Court.

2. Caste Census

  • The socio-economic and caste census (SECC) was conducted in 2011 for the first time since 1931.
  • SECC is meant to canvass every Indian Family, both in rural and urban India, and ask about their economic status to allow central and state authorities to come up with a range of indicators of deprivation, permutations, and combinations that could be used by each authority to define a poor or deprived person.
  • It is also meant to ask every person their specific caste name to allow the government to re-evaluate which caste groups were economically worse off and which were better off.
  • SECC has the potential to allow for a mapping of inequalities at a broader level.
3. Takeaways from Bihar Survey
According to data released by Development Commissioner Vivek Singh, Bihar’s total population now stands at a little over 13.07 crore, up from 10-odd crore in the 2011 Census. The EBCs make up 36.01% of this, and OBCs an additional 27.13%. The survey also found that Yadavs, the main vote base of the RJD, are the largest group, accounting for 14.27% of the total population.
The Dalits, or Scheduled Castes, account for 19.65%, higher than expected, while STs comprise 1.68%.

4. History of Caste Census

The caste census is the demand to include the caste-wise tabulation of India's population in the upcoming exercise.

4.1 Caste census in Colonial Era:

  • The First Census conducted in 1871 included questions about caste. This data was then used to divide and conquer India.
  • It first privileged Brahmins are interpreters of Indian culture and then targeted them as the root of caste-based oppression and inequality.
  • This classification was also a source of anti-Brahmin movements of the 20th century.
  • Every census until 1931 had data on caste.
  • The practice was stopped by the British with the 1941 Census, citing financial constraints. The Indian government did not pick up the dropped parameter.

4.2 Caste data published in the Census post-independence:

  • Since the first exercise in independent India in 1951, India has published separate data on Scheduled Castes (SC) and Scheduled Tribes (ST).
  • The Census does not include data on other castes.
  • The Government of India had decided on the policy of official discouragement of Caste.
  • It was decided that in general, no race/caste/tribe inquiries should be made and such enquires should be restricted to the Scheduled Castes and Tribes notified by the President of India in pursuance of Articles 341 and 342 of the Constitution.

5. Importance of Caste Census

5.1 Promote Rational Decision Making

  • A caste census, which will generate exhaustive data will allow policymakers to develop better policies, and implementation strategies, and will also enable a more rational debate on sensitive issues.

5.2 Promotes Democratic Policymaking

  • Advocates of its inclusion believe that the activity will be a pro-poor exercise that will help plan better and more targeted welfare schemes in the country.
  • A caste census would bring forward a large number of issues that any democratic country needs to pay attention to.
  • For instance, this census will reveal information regarding caste-based marginalization, deprivation, the kind of jobs pursued by a caste, etc.
  • So, the caste census is nothing but the collection of data that is necessary for any democratic policymaking.

5.3 The rationale for the Reservation Policy

  • Some proponents also suggest that a Caste Census will also help reservation policymakers have a more accurate idea of the affirmative action needed.
  • While this data is currently available for SC and ST populations, the OBC population is estimated widely as per the number noted by the Mandal Commission at 52%.
  • The Justice Rohini Committee was appointed in 2017 to look into the sub-categorization of the OBC communities; however, in the absence of data, there can be no data bank or any proper sub-categorization.
  • All commissions have had to rely on data from the last caste census (1931). There have been substantive demographic changes since then and therefore, the data has to be updated.

5.4 Constitutional Mandate

  • Indian Constitution also favors conducting a caste census.
  • Article 340 mandates for appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by the governments.

6. Last Cast Census and redundancy

  • A separate Socio-Economic and Caste Census (SECC) was conducted by the Ministry of Rural Development in rural areas and the Ministry of Housing & Urban Poverty Alleviation in urban areas in 2011.
  • It was the largest exercise of the listing of castes and has the potential of finding inequalities at a broader level.
  • SECC was a tool to identify beneficiaries of state support and it is open for use by Government departments to grant and/ or restrict benefits to households.
  • However, the SECC data excluded caste data and was published by the two ministries in 2016.
  • The raw caste data was handed over to the Ministry of Social Justice and Empowerment.
  • The ministry formed an Expert Group under the Former NITI Aayog Vice-Chairperson Arvind Pangaria for the classification and categorization of data.
  • The Pubic data eventually released gave numbers of different castes in India but not the population-wise data as was the demand.
  • Only the details of the economic conditions of the people in rural and urban households were released. The caste data has not been released till now.
  • The Centre says that an analysis of the data showed "that the caste enumeration...was fraught with mistakes and inaccuracies" and "is not reliable".

7. Way Forward

  • A Caste census without data integrity would be much worse. Instead of going behind the caste bases census, the government can subclassify the Backward classes like in Tamilnadu, Andhra Pradesh, West Bengal, etc. This will provide the benefit to intended beneficiaries.
  • Since the government has already appointed Justice G Rohini's panel on the sub-categorization of OBCs. The panel has to fast-pace the sub-classification process.
  • The Government can use technologies like Artificial Intelligence and machine learning to assess the SECC data and condense them into meaningful categories and some important caste-based information. This will provide the necessary time to analyze the need for a caste census.

 

For Prelims: Socio-economic and caste census (SECC), Mandal Commission, Justice G Rohini's Commission, NITI Aayog, Article 341 and Article 342.
For Mains: 1. General Studies II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
 
 
Source: The Hindu
 

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