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Article
29 Mar 2024
Why in News?
The Kerala government recently approached the SC saying the President had withheld assent to 4 Bills passed by the state (but reserved by the Governor for consideration by the President) while disclosing no reason whatsoever.
This is the newest chapter in the conflict between states ruled by opposition parties, and their Governors, who are appointed by the President on the Centre’s advice.
What’s in Today’s Article?
- Governor’s Role in Lawmaking and Where the Controversy Arise
- President’s Role in the Lawmaking Process of the State
- Petition of the Kerala Govt against the Governor and the President
- Situation in Other States
- Way Ahead to Reduce Conflict Between States and their Governors in the Lawmaking Process
Governor’s Role in Lawmaking and Where the Controversy Arise:
- Article 200 of the Constitution states that after a Bill has been passed by the state legislature, “it shall be presented to the Governor”.
- The Governor, then, has 3 options: give assent to the Bill, withhold assent, or reserve the Bill for consideration by the President.
- For situations where assent is withheld, Article 200 states that the Governor may (as soon as possible) return the Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof.
- If the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom.
- The latter part of the proviso clearly gives the state government the final say on enacting legislation.
- But it is the part saying “as soon as possible after the presentation to him”, which has led to states approaching the SC.
- Since the article does not provide a timeline, Governors have often withheld assent to Bills for extended periods, effectively leaving them and the state legislature in limbo.
President’s Role in the Lawmaking Process of the State:
- This is dealt with in Article 201. In situations where a Bill is sent to the President for consideration, the President can either give or withhold assent.
- If assent is withheld, the President requests the Governor to return the Bill to the state legislature for reconsideration.
- The state government then has 6 months to reconsider the Bill - failing to do so results in its lapsing.
- If the Bill is passed once again by the state legislature, it must be sent back to the President. Unlike the Governor, the President is under no obligation to give assent when assessing the reconsidered Bill.
- This is the only situation in which state governments do not have the final say in their own lawmaking process.
Petition of the Kerala Govt against the Governor and the President:
- The Kerala government’s petition terms the actions of Governor and President as “manifestly arbitrary”, i.e., an action that is unreasonable, irrational and which violates the right to equality.
- The petition argues that the decision to keep Bills pending violates Article 200 by not making a decision “as soon as possible”.
- The Governor had “subverted the functioning” of the state legislature and “rendered its existence itself ineffective”.
- The President’s decision to withhold assent to 4 of the Bills referred to her was done without giving “any reason whatsoever”.
- This is in violation of Article 201, which states that the President is required to return the Bill with a message containing “such amendments as he may recommend”.
Situation in Other States:
- The SC (last year) expressed “serious concern” at Tamil Nadu Governor’s decision to withhold assent to 10 Bills that had been enacted by the state legislature, some of which were pending since 2020.
- Three days later, all 10 Bills were returned for reconsideration, with no reasons given for the decision.
- The SC also criticised the TN Governor for refusing to appoint K Ponmudy as the state’s Minister for Higher Education, despite the apex court staying his criminal conviction.
- The Telangana government also approached the SC (in March 2023) over the former Governor's refusal to give assent to 10 Bills that were passed by its legislative assembly.
- She gave her assent shortly after.
- The Governor of Punjab had refused to give assent to four Bills passed by the Punjab Assembly, claiming that the Bills were passed in breach of law and procedure.
SC Ruling and Way Ahead to Reduce Conflict:
- In (November) 2023, the SC held that the Governor did not have the power to “thwart the normal course of lawmaking by the State Legislatures”.
- The phrase “as soon as possible” in Article 200 means that the Governor cannot be at liberty to keep the Bill pending indefinitely without any action whatsoever.
- If the Governor decides to withhold assent, s/he is bound to follow the procedure provided in the Article 200.
- Though the court spelled out the obligations of the Governor in the lawmaking process, it stopped short of providing a definitive timeline for the Governor to make the decision.
- The Kerala government has now approached the SC to address the same issue.
Current Affairs
March 29, 2024
What is Money Laundering?
- PMLA defines money laundering as an act of directly or indirectly attempting to indulge or knowingly assisting or knowingly being a party or actually involved in concealing, possessing, acquiring, using, projecting as untainted property, or claiming as untainted property, in any manner whatsoever, the proceeds of crime.
- It is defined as the process through which an illegal fund, such as black money, is obtained from illegal activities and disguised as legal money, eventually portrayed as white money.
About Prevention of Money Laundering Act (PMLA), 2002:
- It is an act to prevent money laundering and to provide for the confiscation of property derived from or involved in money laundering.
- The Act was formulated for the following objectives:
- Prevent money-laundering.
- Combat/prevent the channelising of money into illegal activities and economic crimes.
- Provide for the confiscation of property derived from, or involved/used in, money laundering.
- Penalise the offenders of money laundering offences.
- Appointing an adjudicating authority and appellate tribunal for taking charge of money laundering matters.
- Provide for matters connected and incidental to the acts of money laundering.
- The Enforcement Directorate (ED)in the Department of Revenue, Ministry of Finance, is responsible for investigating the offences of money laundering under the PMLA.
- Financial Intelligence Unit–India (FIU-IND), under the Department of Revenue, is the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions.
- The scheduled offences are separately investigated by the agencies mentioned under respective acts, for example, the local police, CBI, customs departments, SEBI or any other investigative agency, as the case may be.
- Actions that can be initiated against the person involved in money laundering:
- Seizure/freezing of property and records and attachment of property obtained with the proceeds of crime.
- Any person who commits the offence of money laundering shall be punishable with rigorous imprisonment for a minimum term of three years, and this may extend up to seven years and fine (without any limit).
- The PMLA and rules notified thereunder impose obligations on banking companies, financial institutions, and intermediaries and persons carrying on a designated business or profession, to verify identity of clients, maintain records and furnish information to FIU-IND.
Current Affairs
March 29, 2024
About Butterfly Cicada:
- It is a newly discovered species of cicada belonging to the genus Becquartina. It brings the total number of known species in the genus Becquartina to seven.
- It was discovered in Meghalaya. It marks the first-ever record of this genus in the country.
- The colorful wings of the cicada earned it the nickname “butterfly cicada”, with the species name “bicolour” reflecting its two distinct colour forms.
- Features:
- The species is localised in the Garo Hills preferring thick forests and native vegetation. The basal one-third of the hind wing is rich saffron and the apical two-thirds are matte black with prominent rich saffron squarish spots.
What are Cicadas?
- Cicada, (family Cicadidae) is any of a group of sound-producing insects. They have two pairs of membranous wings, prominent compound eyes, and three simple eyes (ocelli).
- Cicadas are medium to large in size, ranging from 2 to 5 cm (0.8 to 2 inches). More than 3,000 species of cicadas are known. Most of them are tropical and occur in deserts, grasslands, and forests.
- Male cicadas produce loud noises by vibrating membranes (tymbals) near the base of the abdomen. Female cicadas usually lay their eggs in woody plant tissues that drop from the plant when, or shortly after, the eggs hatch.
Current Affairs
March 29, 2024
About SLAPP Suits:
- The term ‘SLAPP’, stands for Strategic Lawsuit Against Public Participation. The concept of a SLAPP lawsuit evolved in the US, where it was observed that certain lawsuits were filed targeting individual or group litigants who voiced their concern over important or considerable social issues in the public arena.
- The subject matter of the suit would target an act of public participation, such as engaging in an issue of societal or political significance, in the form of journalism, advocacy, whistleblowing, peaceful protests or boycotts, activism, or simply speaking out against abuse of power.
- As such, winning the lawsuit is not the focus. The plaintiff’s goal is typically accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism.
- The remedies sought are usually substantial amounts of damages and generally aggressive or disproportionate to the subject matter of the dispute.
- SLAPP suits are routinely filed for libel, slander, defamation, abuse of process, malicious prosecution, conspiracy, invasion of privacy, and tortious interference with contract or business relationships.
- The most common SLAPP suits have often involved a powerful corporation suing local citizens for speaking against their company.
Current Affairs
March 29, 2024
About Drugs and Cosmetics Act, 1940:
- It regulates the import, manufacture and sale or distribution of drugs and cosmetics through licences and permits.
- Its main objective is to ensure that the drugs and cosmetics marketed in India are reliable, efficient and in compliance with national standards.
- The associated Drugs and Cosmetics Rules, 1945, which were formulated in association with the 1940 Act, provide provisions for classifying medications into schedules and instructions for the storage, sale, presentation, and prescription of each schedule.
- What is a drug?
- A drug includes medicines or medical devices for external or internal use for human beings or animals, and all substances intended to be used for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder in human beings or animals.
- Drugs are extracts of certain plants, animal parts, herbs, or minerals. A drug is any chemical substance (natural or man-made) that alters biological structure or functioning when absorbed.
- What is a cosmetic? The term cosmetic refers to any substance or product used to rub, pour, sprinkle or spray on, or introduce into, or otherwise apply to, the body or any part of any object for cleansing, beautifying, or improving the appearance.
- Objectives:
- It oversees medication imports into India, ensuring that no substandard or counterfeit drugs enter the country.
- It prohibits the production of inferior or counterfeit pharmaceuticals in the country.
- It requires only qualified and competent personnel to sell and distribute medicines, as well as the manufacture, sale, and distribution of Ayurvedic, Siddha, Unani, and Homeopathic drugs.
- The provisions of the Act control the import, manufacture, sale, and distribution of cosmetics.
- To have drug inspectors visit licensed premises regularly. Monitoring pharmaceutical and cosmetic standards by collecting samples and analyzing them in accredited laboratories.
- Creating distinctive regulations to control the manufacture, standardization, and storage of biological and special products, as well as prescribing how different types of drugs and cosmetics should be labeled and packed.
- To form a Drugs Technical Advisory Board (DTAB) and Drugs Consultative Committees (DCC)for allopathic and allied drugs, as well as cosmetics.
- Salient Features:
- The maximum penalty is life imprisonment and a fine of Rs. 10 lakhs or three times the confiscated goods’ value, whichever is greater.
- Other gazette officers, in addition to officers from the Drug Controller’s Office, are authorised to initiate prosecution under the Act; some of the offences are cognizable and non-bailable;
- Specialised courts for the trial of offences covered by the Act;
- Provision for the aggregation of minor offences.
Current Affairs
March 29, 2024
About Section 120B of the IPC:
- Section 120A of the IPC defines the offence of criminal conspiracy. Section 120B of the IPC, on the other hand, defines the punishment for criminal conspiracy.
- Criminal Conspiracy under IPC is an agreement between two or more persons to commit an illegal act or to commit a lawful act by illegal means. In other words, it is a criminal offence where two or more individuals agree to plan and execute a criminal act.
- Section 120A of the IPC states: “When two or more persons agree to do or cause to be done, an illegal act or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy”.
- For a conspiracy to be established, there must be an agreement between the conspirators, a common intention to commit an illegal act, and an overt act in furtherance of that intention.
- The agreement does not have to be in writing or expressed verbally; it can be inferred from the conduct of the parties.
- The Doctrine of Agency in a Criminal Conspiracy:
- It is said that a criminal conspiracy is a partnership in crime because every member involved is a joint and mutual agent to each other for the common purpose, i.e., execution of the conspired crime.
- By this doctrine of agency, the law contemplates that the act of one of the members in the conspiracy is deemed as the act by each of them, due to all members being equally liable.
- Punishment for Criminal Conspiracy:
- Under the purview of IPC 120B, conspiracy is divided into two categories depending on the nature, gravity and punishment for the said offences. Also, whether the case is bailable or not, depends on the above-mentioned circumstances.
- In the first part, it states that if the conspiracy is to commit an offence of serious nature, an offence which is punishable with death imprisonment, imprisonment for life, or with rigorous imprisonment for at least a term of 2 years or more, or if there is no punishment mentioned in the code for the offence committed, such person shall be treated in the same manner as of the offence committed and abetted by him.
- Whereas, in the other part of Section 120B, conspiracy other than the offence committed under the first part, conspiracy to commit an illegal act is covered. In this kind of case, the section provides a uniform punishment, which means imprisonment of either description for a term which may extend up to six months, a fine, or both.
Current Affairs
March 29, 2024
About Mohiniyattam:
- It is an Indian classical dance form that evolved in the state of Kerala.
- History and Evolution:
- Its roots date back to the age-old Sanskrit Hindu text on performing arts called ‘Natya Shastra’.
- It is used to be performed by Devadasis (temple dancers) in temples during the rule of the Chera kings from 9 to 12 C.E.
- Features:
- It is conventionally a solo dance performed by female artists. It adheres to the Lasya type that showcases a more graceful, gentle and feminine form of dancing.
- Theme: The dance form Mohiniyattam has love and devotion to God as its major themes, with usually Lord Vishnu or his incarnation Lord Krishna as the lead character.
- It emotes a play through dancing and singing, where the song is customarily in Manipravala, which is a mix of Sanskrit and Malayalam language.
- The recitation may be performed by the dancer or a vocalist, with the music style being Carnatic. The dance is characterized by its graceful swaying body movements with no abrupt jerks or sudden leaps.
- More than the footwork, emphasis is given to hand gestures and Mukhabhinaya or subtle facial expressions. The hand gestures, 24 in number, are mainly adopted from ‘Hastha Lakshana Deepika’, a text followed by Kathakali.
- Costumes in Mohiniyattam include plain white or ivory cream traditional sari embroidered with bright gold-laced brocade.
- Instruments used: Mridangam, Madhalam, ldakka, flute, Veena and Kuzhitalam(cymbals).
Current Affairs
March 29, 2024
About United Nations High Commissioner for Refugees:
- It protects refugees worldwide and facilitates their return home or resettlement. Headquarters: Geneva, Switzerland
- It was established by the General Assembly of the United Nations in 1950 in the aftermath of the Second World War to help the millions of people who had lost their homes.
- It is a global organization dedicated to saving lives, protecting rights and building a better future for people forced to flee their homes because of conflict and persecution.
- It was awarded Nobel Peace Prizes in 1954 and 1981. It started Nansen Refugee Award in 1954 for recognition of outstanding service to the cause of refugees, displaced or stateless people.
Who are the Rohingya refugees?
- The Rohingya are a Muslim minority ethnic group with their roots in the Arakan kingdom in Myanmar.
- According to the Council on Foreign Relations notes that Rohang derives from the word ‘Arakan’ in the Rohingya dialect and ga or gya means from.
- They are culturally and religiously distinct from the majority Buddhist population in Myanmar and speak a Bengali dialect which is different from the common Burmese language. Myanmar has refused to recognise them as an ethnic group, denying them citizenship since 1982.
- According to Myanmar’s 1982 citizenship law, members of the Rohingya community, along with other ethnic minorities, can only attain citizenship if they prove their ancestors resided in Myanmar before 1823.
- Otherwise, even if one of their parents is a Myanmar citizen, they are deemed to be “resident foreigners” or “associate citizens.”
Current Affairs
March 29, 2024
About Kalam-250:
- It is a stage-2 of Vikram-1 space launch vehicle. It is a high-strength carbon composite rocket motor, which uses solid fuel and a high-performance Ethylene-Propylene-Diene terpolymers (EPDM) thermal protection system (TPS).
- The stage includes a carbon ablative flex nozzle along with high-precision electro-mechanical actuators for thrust vector control of the vehicle, aiding in achieving the desired trajectory.
- The second stage of Vikram-1 will play a crucial role in the ascent of the launch vehicle, propelling it from the atmosphere to the deep vacuum of outer space.
Key facts about the Vikram-1 Rocket:
- It is named after the father of India’s space programme, Vikram Sarabhai and is a multi-stage launch vehicle with a capacity to place around 300 kg of payloads in low-earth orbit.
- It has been built by Hyderabad-based Skyroot Aerospace. It is an all-carbon-fibre-bodied rocket that can place multiple satellites into orbit.
- Being a solid-fuel rocket and using relatively simpler technologies would mean that launching this vehicle would require minimal infrastructure and that the rocket could be assembled and launched within 24 hours from any site.