News In Shorts

• 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.

• Recently, a Supreme Court judge has been nominated as the Chairman of the SCLSC.
• About SCLSC
  • It is a statutory body.
    • Constituted under section 3A of Legal Services Authorities Act, 1987 by National Legal Service Authority.
  • Objective: Providing free legal services to poor, under-privileged and those marginalized in society.
  • Chief Justice of India in Patron-in-Chief of Committee.

• Members: Chairman (sitting Judge of SC) and 9 members (nominated by the Chief Justice of India).

• 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.

• 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.

• 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.

• 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.