Lakshya UPSC PT 2022 - Polity Lecture - 9 - Complete One Year Current Affairs

Table of Contents

News : 50^th anniversary of constitution of Rajya Sabha
The Upper House of the Parliament, Rajya Sabha or Council of States was constituted on 3rd April 1952 and the first session was held on 13th May 1952.
The origin of the Rajya Sabha or the Second Chamber can be traced to the Montague-Chelmsford Report of 1918.
This report introduced a bicameral legislature, the Lower House or Central Legislative Assembly and the Upper House or Council of State.
Rajya Sabha: It is the Upper House (Second Chamber or House of Elders) and it represents the states and union territories of the Indian Union.
The Rajya Sabha is called the permanent House of the Parliament as it is never fully dissolved.
The IV Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the states and UTs.

Composition

The maximum strength of Rajya Sabha is 250( out of which 238 members are representatives of the states & UTs (elected indirectly) and 12 are nominated by the President).
The current strength of the house is 245,229 members represent the states, 4 members represent the UTs, and 12 are nominated by the president.
The representatives of states are elected by the members of state legislative assemblies.
The representatives of each UT in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
- Only three UTs(Delhi, Puducherry, and Jammu & Kashmir) have representation in Rajya Sabha (others don’t have enough population).
The members nominated by the President are those who have special knowledge or practical experience in art, literature, science, and social service.
Both houses have equal powers in terms of the legislation and also in terms of the bills. The only difference is in terms of the money billsfor which the Lok sabha has the powers.

Powers of Rajya Sabha

State Related Matters: The Rajya Sabha provides representation to the States. Therefore, any matter that affects the States must be referred to it for its consent and approval.
If the Union Parliament wishes to remove/transfer a matter from the State list, the approval of the Rajya Sabha is necessary.
All-India Services: It can authorise the Parliament to create new All-India Services common to both the Centre and the states (Article 312).
During Emergency Conditions: If a proclamation is issued by the President for imposing a national emergency or president’s rule or financial emergency at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone (Articles 352, 356 and 360).

Q) Rajya Sabha has equal powers with Lok Sabha in: (2020)

the matter of creating new All India Services
amending the Constitution
the removal of the government
making cut motion

UPSC Prelims 2015

Q) Consider the following statements: (2015)

The Rajya Sabha has no power either to reject or to amend a Money Bill.
The Rajya Sabha cannot vote on the Demands for Grants.
The Rajya Sabha cannot discuss the Annual Financial Statement.

Which of the statements given above is/ are correct?

1 only
1 and 2 only
2 and 3 only
1, 2 and 3

News : principle of ‘reasonable accommodation’, in context of the Hijab Controversy

Reasonable accommodation’is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.Its use is primarily in the disability rights sector.
It captures the positive obligationof the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society.
For a person with disability, the constitutionally guaranteed fundamental rights to equality (Article 14), the six freedoms (Article 19) and the right to life (Article 21) will ring hollow if they are not given this additional support that helps make these rights real and meaningful for them.

Article 2 of UN Convention on the Rights of People with Disabilities (UNCRPD): It is necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms

Q) India is home to lakhs of persons with disabilities. What are the benefits available to them under the law? (2011)

Free schooling till the age of 18 years in government run schools.
Preferential allotment of land for setting up business.
Ramps in public buildings.

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

the Supreme Court issued a notice to the Centre and states to respond to a petition to enforce the Fundamental Duties of citizens, including patriotism and unity of the nation, through comprehensive, well-defined laws.

The idea of Fundamental Duties is inspired by the Constitution of Russia (erstwhile Soviet Union).
These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of the Swaran Singh Committee.
Originally 10 in number, one more duty was added through the 86th Constitutional Amendment Act, 2002.
Like the Directive Principles of State Policy, the Fundamental duties are also non-justiciable in nature.

What language is used in Courts?

language used in Courts in India has seen a transition over centuries with the shift from Urdu to Persian and Farsi scripts during the Mughal period which continued in subordinate courts even during the British Rule.
The British introduced a codified system of law in India with English as the official language.
Post-independence, Article 343 of the Constitution of India provides that the official language of the Union shall be Hindi in the Devanagari script.
However, it mandated that the English language will continue to be used for all official purposes of the Union for 15 yearsfrom the commencement of the Constitution of India.
Article 348(1)(a) states that unless Parliament by law provides otherwise, all proceedings before the Supreme Court and in every High Court shall be conducted in English.
Article 348(2) provides further that notwithstanding the provisions of Article 348(1), the Governor of a state may, with the previous consent of the President, authorise the use of Hindi or any other language used for any official purpose, in proceedings in the High Court.
States of Uttar Pradesh, Bihar, Rajasthan and Madhya Pradesh have already authorised the use of Hindiin proceedings before their respective high courts and taking a cue, Tamil Nadu is also working in that direction – to authorise the use of Tamil before its high court.
Therefore,the Constitution recognizes English as the primary language of the Supreme Court and the High Courts, with the caveat that when some other language is used in the proceedings of High Courts, judgments of the High Courts must be delivered in English.
Official Languages Act 1963:It empowersthe Governor of a state to, with previous consent of the President, authorise the use of Hindi/the official language of the state, in addition to English, for the purpose of any judgement, decree or order passed by the High Court of that state.
It further provides that where any judgement/decree/order is passed in any such language it shall be accompanied by a translationof the same in English.
The Official Languages Act makes no mention of the Supreme Court, where English is the only language in which proceedings are conducted.