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Posted 15 Feb 2024

Updated 22 Mar 2024

9 min read

DUAL CITIZENSHIP

  • Recently the Union External Affairs Minister remarked that dual citizenship is a challenge in India. 
  • Dual or Multiple Citizenship: It grants an individual legal status as a citizen of two or more countries simultaneously.
  • Countries offering dual citizenship: United States, Finland, Albania, Israel, and Pakistan, etc.
  • The Indian Constitution prohibits dual citizenship for nationals.
  • Alternative to dual citizens in India
    • India offers the Overseas Citizenship of India (OCI) program to Persons of Indian Origin (PIO), excluding those who migrated to Pakistan and Bangladesh.
  • Benefits for OCI cardholders
    • Multi-purpose, multiple entry, lifelong visa for visiting India.
    • Exemption from registration with local police authority for any length of stay in India.
    • Parity with NRIs in respect of economic, financial, and education fields except in matters relating to the acquisition of agricultural/plantation properties.
  • Foreign national eligible to apply for OCI
    • Who was eligible to become a citizen of India on 26.01.1950.
    • Was a citizen of India on or at any time after 26.01.1950.
    • Who is a child or a grandchild or a great-grandchild of such a citizen given above.
  • Tags :
  • Citizenship

SC ANNULS REMISSION IN BILKIS BANO CASE

  • Supreme Court sets aside remission of 11 convicts in Bilkis Bano’s case given by Gujarat government 
  • SC held that Gujarat is not appropriate government to decide on remission petition as the trial was conducted in Maharashtra. Thus, remission orders were held to be invalid.   
  • Remission refers to reduction in period of sentence that has been imposed on a person, without affecting the nature of sentence.
    • State may release convicts early under its remission policy.
  • Constitutional provisions related to Remission
    • Article 72 empowers President of India to grant pardons, reprieves, respites, suspend, remit, or commute the sentence of a person convicted of any offense where sentence is
      • by a court Martial
      • for an offence against any law relating to a matter to which executive power of Union extends;
      • a sentence of death.
    • Under Article 161, Governor's power is similar to that of President, but limited to a matter to which executive power of state extends.
  • Legal basis of Remission
    • Section 432 of Criminal Procedure Code (CrPC) 1973 grants government power to suspend or remit sentences.
    • Section 433A mandates remission only after 14 years of imprisonment.

Supreme Court verdict on Remission

  • Laxman Naskar versus Union of India (2000): SC laid down five grounds on which remission is to be considered.
    • offence affects society at large
    • probability of crime being repeated
    • potential of convict to commit crimes in future;  
    • if any purpose is being served by keeping convict in prison; and 
    • socio-economic condition of convict's family.
  • State of Haryana vs. Rajkumar (2021): Court held that Section 433-A of CrPC cannot and does not in any way affect the constitutional power conferred on President/Governor under Articles 72/161 of Constitution.
  • Tags :
  • Supreme Court

PANEL FOR EQUITABLE DISTRIBUTION OF BENEFITS AMONGST SCs

  • Centre forms committee for the equitable distribution of benefits amongst Scheduled Castes (SCs) across the country 
  • Committee under Cabinet Secretary will formulate a methodology to ensure the fair distribution of benefits and initiatives among over 1,200 Scheduled Castes nationwide that have been crowded out by relatively forward ones. 
  • Although the committee cannot delve into questions of reservation, its constitution holds significance owing to the demand for sub-categorisation of SCs. 
    • A 7 judge Constitution bench of Supreme Court (SC) is set to hear if states have power to subcategorise SCs. 
  • Legal Precedents on Sub categorisation of SCs
    • In E.V. Chinnaiah v State of Andhra Pradesh the SC held that the subcategorisation of SCs by State is violative of the right to equality as well as Article 341 of the Constitution.
      • Article 341 gives the President the power to create a list of SC communities for reservation.
    • In State of Punjab v. Davinder Singh (2020) SC held that deciding on the quantum of benefits in the lists of SCs/STs already notified would not amount to “tinkering” with it and States could do it.
    • Jarnail Singh v Lachhmi Narain Gupta 2018 the SC upheld the concept of “creamy layer” within SCs too (for reservation in promotion).
    • Experts also believe that Article 16(4) of the Constitution already provided for States to create special laws for any backward classes it felt were under-represented.
  • Tags :
  • Scheduled Castes

MPLADS E-SAKSHI MOBILE APPLICATION

  • MPLADS (Member of Parliament Local Area Development Scheme (MPLADS) e-SAKSHI Mobile Application 

was launched by Ministry of Statistics and Programme Implementation (MoSPI) that allows MPs to propose, track, and oversee projects under MPLAD Scheme.

  • About MPLADS
    • Central Sector Scheme under MoSPI.
    • MPLADS funds used for creation of durable community assets in areas of drinking water, primary education, etc. 
    • Atleast 15 percent of MPLADS entitlement allocated for areas inhabited by Scheduled Caste population and 7.5 percent for areas inhabited by ST population.
    • Funds are non-lapsable i.e. if money is not utilised, it gets carried to next year.
    • District authority must inspect atleast 10% of all work under implementation every year.
  • Tags :
  • MPLADS

SOCIAL AUDIT ADVISORY BODY (SAAB)

  • First meeting of the Social Audit Advisory Body (SAAB) held 
  • SAAB is a first of its kind advisory body in India.
    • It is set up in the National Institute of Social Defence (NISD). 
      • NISD function under the Department of Social Justice & Empowerment (DoSJE), Ministry of Social Justice and Empowerment. 
    • It will guide the Ministry in institutionalizing social audits for its various schemes. 
      • It will promote capacity building of the members of Social Justice Cell of the Social Audit Units.
  • About Social Audit:
    • SA is a process of examination and assessment of a programme/scheme. 
      • It is conducted with the active involvement of people and comparing official records with actual ground realities.
    • Key guiding principles of SA: Access to information (Jaankari); Participation (Bhagidari); Protection of citizens (Suraksha); etc. 
  • Implementation of SA:
    • Union Government has introduced the provision of SA in many flagship programmes, like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), etc.
    • DoSJE has established the National Resource Cell for Social Audit (NRCSA) to ensure SA through dedicated Social Audit Units at the state level.
    • Meghalaya is the first state to operationalise a social audit law.
  • Significance:  Promote transparency and accountability, strengthen institutions at the grassroots level etc.
  • Challenges: Lack of awareness among stakeholders, apathetic attitude of implementing agency etc.

 

  • Tags :
  • Social Audit
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