Polity & Governance Current Affairs 2020 (March, April, May) Set-11

Table of Contents

Q) Which of the statement is correct regarding the Ordinance Making power of the president ?

1) Power of the President to legislate by ordinance is a parallel power of legislation

2) Maximum life of an ordinance can be six week.

Which of the above statements is/are correct?

WHY IN NEWS

Health Workers Protection Ordinance

The President promulgated an Epidemic Diseases (Amendment) Ordinance, 2020 to amend the Epidemic Diseases Act, 1897 to protect healthcare service personnel and property including their living/working premises against
violence during epidemics.

Basic about Ordinance making power

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws.
President can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.
An ordinance can be issued only on those subjects on which the Parliament can make laws.
An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or takeaway any of the fundamental rights.
Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. If ordinance is not passed by the parliament it ceases to operate
Maximum life of an ordinance can be six months and six week

Key Feature of the ordinance

Definition: The Ordinance defines healthcare service personnel as a person who is at risk of contracting the epidemic disease while carrying out duties related to the epidemic. It includes
any public and clinical healthcare service providers such as doctors, nurses, paramedical workers and community health workers;
any other person empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof;
any person declared as such by the State Government, by notification in the Official Gazette.

Act of Violence and Investigation

Act of Violence : It includes any of the following acts committed against a healthcare service personnel:
harassment impacting living or working conditions,
harm, injury, hurt, or danger to life,
obstruction in discharge of his duties,
loss or damage to the property or documents of the healthcare service personnel.
The investigation must be completed within 30 days from the date of registration of the First Information Report.
Trial Should be completed within one year and the burden of proof for the offence falls on the guilty.

Punishment and Compensation

Punishment: Imprisonment between three months and five year
Fine: Fine between Rs 50,000 and two lakh rupees, which can be compounded by the victim with the permission of court
These offences are cognizable and nonbailable
Compensation: Persons convicted of offences under the Ordinance will also be liable to pay a compensation to the healthcare service personnel whom they have hurt.

Compoundable and Cognizable offence

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court.
Which article of the Indian Constitution provides that an All India Service can be created if Rajya Sabha declares by a resolution supported by not less than a two-thirds majority that it is necessary in the national interest
Article 312
Article 356
Article 326
Article 292

All India Judicial Service

Law ministry has decided to complete the consultation process for All India Judicial Service by March 2022.

All India Judicial Service

After the Swaran Singh Committee’s recommendations in 1976, Article 312 was modified to include the judicial services.
AIJS aims at creating a centralized cadre of District Judges who will be recruited centrally through an all-India examination and allocated to each State along the lines of the All India Services (AIS).
Currently, Articles 233 and 234 of the Constitution vested all powers of recruitment and appointment (judicial services of the state) with the State Public Service Commission and High Courts.

Constitutional Provision for AIS

Article 312 provides that an All India Service can be created if Rajya Sabha declares by a resolution supported by not less than a two-thirds majority that it is necessary in the national interest to create one or more such All India Services.
Presently, the All India Services (AIS) comprises of the Indian Administrative Service (IAS), the Indian Forest Service (IFS) and the Indian Police Service (IPS).
A common unique feature of the All India Services is that the members of these services are recruited by the Centre, but their services are placed under various State cadres

Advantage of All India Judicial Service

Creating an All India Judicial Service would make judiciary more accountable, professional and equitable.
It will improve the quality of judicial officers in high courts, and one-third of the judges would enter the high courts through the route of promotion from subordinate courts.
Judges of the Supreme Court are drawn from the high courts. In this process, the persons eventually selected into the judiciary would be of proven competence.
It will minimise the scope of aberration, arbitrariness and nepotism in judiciary

World Press Freedom Index

World Press Freedom Index is launched by Paris-based Reporters Without Borders or Reporters Sans Frontieres (RSF),
The Index ranks 180 countries and regions according to the level of freedom available to journalists.
The parameters include pluralism, media independence, media environment and self-censorship, legislative framework, transparency, and the quality of the infrastructure that supports the production of news and information.
Norway is ranked first in the Index for the fourth year running.
South Asia in general features poorly on the index, with Pakistan dropping three places to 145, and Bangladesh dropping one place to 151.
China at 177th position is just three places above North Korea, which is at 180th.
India is ranked 142nd, dropping by two places from last rankings.

Reporters Sans Frontieres (RSF) or Reporters without Border

The organization is based in Paris
RSF is an independent NGO with consultative status with the United Nations, UNESCO, the Council of Europe and the International Organization of the Francophonie (OIF).