Table of Contents
Topics to discuss
- 104 CAA related to Reservation
- Other things related to reservation Internet as a basic right
- UN not a state
Q) With reference to 104th constitutional amendment act, consider the following statements:
- Act has extended the reservation for scheduled Tribes and schedule caste in Rajya Sabha for next 10 years.
- Current nominated Anglo Indian member of parliament will loose its membership from the date of passing of the act.
Which of the above statements is/are correct?
- A) 1 only
- B) 2 only
- C) Both 1 and 2.
- D) Neither 1 nor 2
WHY IN NEWS
- 104 Constitutional amendment Act
- This Act was brought for two objective
- Extend reservation for Scheduled castes (SC) and Scheduled Tribes (ST) to Lok Sabha and legislative bodies.
- Not extending the provision of nominating Anglo Indians to Lok Sabha and legislative bodies
More in news
- The act has provisions for amending article 334 and extending reservation only for Scheduled castes(SC) and Scheduled Tribes (ST) to LokSabha and legislativebodiestill 25th January, 2030 (which was expiring in 2020).
- Article 334 originally provided that reservation of seats and special representation would cease 10 years after the commencement of Constitution. But the act was extended every 10 years (8th,23rd,45th,62nd,79th and 95th amendments).
Anglo Indian
- According to Article 366(2), An Anglo-Indian means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India
- Currently, only some state Assemblies like Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand etc. have one Anglo-Indian member each. The Amendment does away with this as well.
- No member from the Anglo-Indian community has been nominated to the current Lok Sabha.
Constitutional Provisions
Other issue related to reservation
- Supreme Court has upheld the 3% reservation should be given to persons with disability
- It held that the ceiling of 50% reservation applies only to reservation in favour of BCs under Article 16(4) whereas the reservation in favour of PwDs is horizontal, which is under Article 16(1).
- Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 provides for reservation in public employment for identified post for PWD.
Reservation for EWS
- The Central Government recently told the Supreme Court that state governments were free to decide whether to implement the 10% reservation for the economically backward in jobs and admissions.
- For EWS 10% of seats may be reserved for such sections for admission in educational institutions. Such reservation will not apply to minority educational institutions.
More about reservation for EWS
- The 103rd Constitution Amendment Act 2019 inserted Article 15 (6) and Article 16 (6) in the Constitution to allow reservation for the EWS among the general category.
- This reservation of up to 10% for the EWS will be in addition to the existing reservation cap of 50% reservation for SC, ST and OBCs.
- Centre has no role in deciding the reservation policy of a state
Q) In a recent Supreme court judgement right to access internet is declared a fundamental right under Article 19. Which of the following can be the restrictions imposed upon exercising such right?
- Public order
- Contempt of parliament
- Friendly relations with foreign nations
Select the correct answer using the code given below
a) 1 only
b) 2 and 3
c) 1 and 3
d)1, 2, and 3
WHY IN NEWS
- Internet as basic right
- Recently the SC has delivered verdict on petitions challenging the restrictions imposed on internet services and movement of people in Jammu and Kashmir
- Also in previous judgement, the Kerala high court declared that right to internet access as a fundamental right under article 21 of the constitution
Supreme Court Observation
- Freedom of speech and expression through the medium of internet is a fundamental right under Article19(1)(a) of the Constitution.
- The restrictions on internet have to follow the principles of proportionality under Article 19(2).
- The doctrine essentially signifies that the punishment should not be disproportionate to the offence committed or the nature
Grounds of restriction under article 19(2)
- Sovereignty and integrity of India
- Security of the state
- Friendly relations with foreign states
- Public Order
- Decency or morality
- Contempt of court Defamation
- Incitement to an offence
WHY IN NEWS
UN not a state
- The Delhi high court has ruled that the United Nations is not a state within the meaning of Article 12 of the constitution
Article 12 of the constitution
- The term ‘State’ denotes the union and state governments, the Parliament and state legislatures and all local or other authorities within the territory of India or under the control of the Indian government
- It does not include United Nations
Tit Bits in News
Q) Consider the following statements
- In case of resignation of member of legislative assembly, there is no affect on calculating the majority of total membership of house.
- As per the 10th schedule of constitution, resigned Members of legislative assembly can’t take part in by elections for the same seat.
Which of the above statements is/are correct?
A) 1 only
B) 2 only
C) Both 1 and 2
D) Neither 1 nor 2
Best Current Affairs | Free PDF Download
WhatsApp