June CA Flashcards
(105 cards)
1
Q
> CENTRAL INFORMATION COMMISSION
Formed year ?
Genesis in year ? Case ?
A
2005
in 1986 through Mr. Kulwal v/s
Jaipur Municipal Corporation case, in which SC directed that freedom of speech and expression provided under Article 19 implies RTI
2
Q
RTI act 2005 replaced which act
A
Freedom of information act 2002
3
Q
How many information commissioners in CIC ?
A
1 chief ic
Not more than 10 ic
4
Q
Who appoints the CIC and ic?
A
President on the recommendation of committee comprising PM -chairperson
leader of opposition
Cabinet minister nominated by PM
5
Q
Initiatives taken to improve functioning of CIC?
A
E-portal
E-governance
Nfcic
RTi amendment Bill 2019
6
Q
Issues with CIC?
A
CIC - poor record management - pendency- vacancy _ lack of training _ rules 2019
7
Q
What is judicial accountability
A
Making judges and courts personally os institutionally responsible for behaviours and actions contrary to the constitution.or legal standards
8
Q
Which high court became fast to publish an annual report
A
Odisha HC
9
Q
Article—— provides for control of high court over subordinate judiciary
A
- clearly indicating the provision of an effective mechanism to enforce accountability.
10
Q
Issues with judicial accountable in India?
A
Collegium system
Corruption, post retirement jobs
Lack of transparency
Judicial overreach _ scrapping njac
Information asymmetry - judiciary outside RTI act
Pendency
11
Q
Latest data of pendency in judiciary
A
Pendency across all courts increased by 2.8 % between 2010 and 2020
12
Q
Provisions highlighting judicial independenc
A
Security of tenure,
no discussion on conduct of judges in
Parliament,
Prohibition on practice after retirement.
13
Q
Steps taken to promote Judicial Accountability
A
1 . inhouse procedure - for misconduct
2. Memorandum of procedure 2016- appointments,secretariat
3.Judicial - STDs and acutely Bill 2020 - asset declare, procedure of removal by parliament
5. Bangalore principles of judicial conduct was adopted in 2002.
4. Use of tech - LIMBS
14
Q
Expression PIL has been borrowed from
A
American jurisprudence
15
Q
PIL concept introduced by _____ in year ____
A
Justice Krishna Iyer in 1976
16
Q
First ever reported PIL in year _ by-
A
- Hussainarakhatoon US state of Bihar inhumane conditions o prisons and undertrials
17
Q
Who is the father of PIL in India?
A
Justice Bhagwati
PIL movement period started in 1981
18
Q
Which article of the constitution is PIL based on?
A
Art 39 A
state secures and provides justice without any discrimination based on caste, religion, creed etc.
19
Q
What are some of the supreme Court landmark judgements on PIL?
A
• SP Gupta v. Union of India, 1981: Any member of public or NGO acting bonafide, can invoke writ jurisdiction of HC or SC under Article 226 or 32 respectively, seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.
M.C Mehta v. Union of India, 1987: PIL brought against Ganga water pollution, although not the riparian owner can move court
Indian Banks’ Association, Bombay & Ors. v. M/s Devkala Consultancy Service and Ors, 2004 -private interest case can also be treated as public interest case.
20
Q
What is the international law related to hate speech ?
A
International covenant on civil and political rights
21
Q
What are legislation’s related to Hate speech ?
A
Art 19(2). Freedom of speech with reasonable restriction preserving “ public order, decency or morality “
Indian penal Code 1860 - section 153A , 153 B, 298 - dealing with creating mischief, outraging religious beliefs, or causing imputations to national integration.
Rep of people act 1951- disqualifies person ferm contest election if convicted for hate speech
Protection of civil right act 1955- sec7-penalises
IT ACT
22
Q
What are supreme court’s views in hate speech?
A
Pravasibhalaisangathen vs Union of India _ petitioner says need stricter legislation. SC says just implementation of present legislation is enough. Between
Shreya Singhal vs Union of India _ SC differentiates between discussion and incitement.
23
Q
Recent happenings on hate speech ?
A
Twittr account of Donald trump reinstated by musk
Alt News founder on Nobel pace price unofficial shortlist
India has made most information requests to Twitter on journalists & news agencies last year
Twitter sued gout of India in uly over sweeping regulatory changes that give officials greater power to demand that tech platforms remove content or block accounts that are critical of Prime Minister Narendra Modi and his Hindu nationalist Bharatiya Janata Party.
Twitter flags bjp tweet as manipulated media
24
Q
What does UN report say about internet shutdowns
A
Talks about impacts and gives recommendations to state , companies , development agencies and civil society
25
What are the provisions related to internet shutdowns in India?
Indian telegraph act 1885 - telecom services (public emergency and public safety 2017→up to 15 days at a time
26
Article 263 corresponding to? When was it established
Interstate council ,1990
27
Who recommended the creation of interstate councils? When
Sarkaríacommission in 1988
28
Explain the structure of interstate council ?
Chairman-pm
Members - CM of all states, CM of ut with legislation assem, administrator of ut without assembly , 6 cabinet ministers nominated by pm, 10 union ministers as permanent invitees
29
_____ schedule to the Constitution provides for allocation of
Rajya Sabha seats to the states and Union Territories, on the basis of the population of each state.
4th
30
Under ______, the 12 nominated members should
have special knowledge or practical experience in matters
like literature, science, art etc.
Article 80(3)
31
What is NeVA ?
Online platform providing work And data related to legislative -bodies in the country.for use qof both citizens And legislative members national e-vidhan application
32
is the nodal agency in the government to deal with issues related to the ELection commission
Legislative deep, min of law and justice
33
Legal basis of contesting in multiple seats.
Recent update ?
ROPA SECTION 33(7) -1 candidate can contest Max 2 ( till 1996 many were allowed )
Rope section 70 _ bars a candidate from representing 2 constituencies. Meaning he is mandated to vacate one
34
Reports and recommendations regarding contesting only from one constituency.
Dinesh Goswami committed repost 1990
170th law commissions report 1999
2022- chief election commissioner fresh push for amending ropa to bar people or hefty fine
35
What is RUPP ?
Registered unrecognised political parties
36
What is the latest about RUPP?
Ec deleted 111 nonexistent parties from list of registered parties
37
What is the schedule and amendment related to anti defection ?
10thschedule, 52nd amendment,1985(
38
What is e-governance?
Use of ICT at all levels govt to transform relations with citizens, businesses and other arms of govt
39
What is NeSDA ?
National e-govonance service delivery assessment report
40
Who constituted NeSDA
Dept of adminishatio reforms and publicgsievances -(min of personnel, public grievances & pension)
41
Which year was nesda constituted
2019
42
What are keyof highlights of NeSDA 2021 REPORT
. Increase in e-Service Delivery,
✓ Rise in use of integrated/centralized portals
for delivery of e-Services,
✓ Improvement across assessment parameter
scores.
o e-Services of Finance and Local Governance &
Utility Services sectors were most widely used.
o Amongst all States and UTs, Kerala had the highest
overall compliance score.
o Among North-East and Hill States, Meghalaya and
Nagaland are leading States and among UTs,
Jammu & Kashmir ranked the highest.
43
What are the recommendations of NESDA 2021 report
Focus - 1) SDG goals attain
2) standards adopt for uniformity 3) security & privacy
4 embracing New Age tech
44
Where did the WTO ministerial conference held? How many _ th ministerial convince is it?
Geneva, Switzerland. 12th
45
What is "the Geneva package"
A series of deals on contemporary issues was agreed to under the “Geneva Package”:
1. Fishing
2. Food security
3. Ecommerce transmissions 4. Covid 19 vaccine IPR
5. SPS declaration
46
What is the predecessor of WTO
GATT - General agreement on trade and tariffs
47
Where was WTO formed? How many members now?
1995, 164 members
48
Steps TO combat BELT AND ROAD INITIATIVE (BRI)?
US aims to raise 200$ billion over 5 years: g7 . Its called PGII
Partnership for global infrastructure & investment
49
What is PGII
About Partnership for Global Infrastructure and Investment (PGII)
• It seeks to provide an alternative to China’s estimated $1 trillion in hard infrastructure investment around the world in the last decade.
• This G7 initiative is funding projects in four major categories: o cleanenergy,
o healthsystems,
o genderequality
o informationandcommunicationstechnology.
• At the centre of PGII is a different approach to financing infrastructure projects: using limited government funding to catalyse greater volumes of private capital (pension funds, private equity funds and insurance funds, among others). This stands in contrast to BRI, which provides financing largely via state-to-state channels creating unsustainable debt levels.
50
Why is belt and Roadof China important to combat?
71 countries taking past in Belt and Road portal.
> 1/3rd of world GDP
2/3rd of work population
51
Why alternatives to belt and Road initiative is emerging?
> fragmented > opaque> debt trap diplomacy > political backlash > slow progress environmental costs.
52
What are indies concerns over belt and road initiative ?
1. Geopolitical concerns- presence & influx over India's backyard
2. Sovereignty concerns& security - CPEC running theory PoK.both troops present.Gwadar is a deep water port.
53
What are the alternatives to bri?
EU's global gateway projects- £300billion between 2021 and 2027
Asia-africa growth corridor _ India & japanin 2017
54
What are India's response to BRI ?
1. Mausam project to strengthen bilateral ties with countries in the Indian Ocean region.
2. Sagar - mantime interests 3. AAGR 4. Increased aid, engagements with Nepal, srilanka and Maldives
55
Why NATO is focusing on China
1. Key ports like port of Piraeus in Greece
2. Chinese naval patrols in Atlantic Ocean
3.China rising interest in Arctic sea
4. Cyberattacks
5. South chine sea
56
Which are the important ministerial conferences of wto?
4th Mc _ Doha2001
9thmc- Bali 2013
10th mc-Nairobi 2015
57
discuss Timeline and highlights of round of talks at WTO
2001 Doha round- Doha development agenda to provide weight to priorities of less developed counties.
2008. Negotiations stalled
Attempts to
2013 Bali package- lowering importtariffis & agrisubsidies to provide more market space to Developing countries .temporary peace clause
2015- Nairobi package - special safeguard mechanism for Agri products
58
What are the purpose to WTO vis-a-vis global trade?
1. Single international regulator to global trade 2. Protect interest of small weak nations from trade discrimination.
3. Bulwark of globalised world order
59
Has WTO been successful in its role?
1. Growth of organisation
2. Growth of world trade
3. Grout of member nations
4. Global value chains
60
What are the criticism On WTO ?
Infringe on national sovereignty, promote interest of large corporations, environmental damage, harms interest of low skilled Union workers.
61
What issues derail the importance of WTO?
Rising trade protectionism, Reverse globbelisation, geopolitical tensions, reduced confidence of smaller countries in WTO
62
How he's India benefitled from the roleplayed by WTO?
Rise in exports- doubled in a decade after becomingmember $27 billion in 95 to $52 billion in 2002 eg, multi fibre agreement.
Software services export
Employment generation- labor intensive sectors
poverty alleviation - Sharp decline
63
How are subsidies classified by WTO?
Amber box- all domestic support that distorts production. Limits to 5% of Agri food in developed countries, 10% in developing countries.
Blue box- Amber but also requires farmers to limit production
Green box- min distortion- must be sort funded- not involves price support.
Development box- measures to encourage rural and Agri development in developing combos.
64
What are India’s unresolved issues with WTO?
1. Agri subsidies
2. Fisheries subsidies
3. Trips- access to affordable medicines
4.movement of labour
5. Non tariff barriers to trade
6. Negotiation on non-trade issues
7. RecognitionGI tag
8. Investment facilitation
9. Ecommerce talks
10.plurilateral negotiations instead of multilateral
65
What are the factors cimently affecting working of wto ?
New areas of discussion, changed globaleconomibalana, appellate body dysfunction, trade was between USA and chine, moving towards plusitateral (rcep), effect of Covidon disputes, waning of globalisation
66
What steps can India take to safeguard its interests ingrobl trade?
1. Institutionally linking National goals with global gods.
2-self sufficiency and bargaining power.
3. Building geopolitical capital
4 emerging areas- clear domestic policy, proactive role
5. Prefeung WTO reforms over other methods.
6. Domestic reform. - structural Issues like ease of doing business
67
What are the concrete progress of BRICS ?
NDA, CRA, IMF reforms, increased trade, comprehensive communication mechanism
68
What are the issues persisting in BRICS
1. Dominance of China 2. No upholding of sovereignty & territorial integrity 3.bilateral differences ( solo cultural, political) 4. Trade related challenges-(more trade with china) 5. Slow progress on multilateral reforms.(unsc reform) 6. Brics nations share some challenges like inequality,icorruption, human rights,etc 7. Parallel groupings like IBSA ( to manage overlap in mandates)
69
India - Eu relation in news why?
Concluded 1st round of negotiations for india-eu Tia/trade & investment agreements). Resuming talks after gap of 9 years . earlier negotiations were left off in 2013 due to difference in the scope and expectations from the deal.
70
Why is EU significant to India?
1. To counterchina,
2. Trade ( Eu trade & technology Council )
3. Post Brexit scenario
4. Importance of smaller countries l green strategy partnership between india-denmark)
5. Cooperation on global issues (EU is on the front foot in designing global rules in new fields. It has initiated a global debate on rules to protect personal data; is aiming to set a global precedent for ethical, human-centric standards for the use of artificial intelligence and so on.
71
How many member nations in EU?
27
72
What are the main institutions in EU ?
European council - heads of state
European committee _ politically independent executive arm
Council of eu- 1 govt minister from every state
European Parliament- only directly elected institution
73
What are the Concerns in India-EU relations as evident from stalled negotiations over FTA?
Diverging positions on Russias role during Crimean crisis.
Italian marines issues - 2012 arrest
Other issues inFTA amnesty
Human right in India- women & minorities-Amnesty intentional offices closed.
Untapped trade potential - (India accounts for 2.1% of EU total trade in goods in 2021, well behind China (16.2%) and
the USA (14.7%).)
74
What is the road ahead for India with Eu relation?
EU pharma opportunity for India
Early conclusion FTA
Strengthening political dialogue
Launching trilateral cooperation projects with pilot partner countries - (cooperation on Africa, Afghanistan and Central Asia)
75
When was Indus water treaty signed?
1960
76
Who brokered the India water freely?
World bank
77
How is Indus water shored between India & Pak?
All eastern rivers Ravi Beas, Sutlej =33 MAF (million acre feet ) allocated to India. All western rivers Indus , Jhelum, Chenab = 135 MAF allocated mostly to Pak-
78
What are the prevalent issues in Indus water treaty?
1. Pak frequent opposition to Indian project _ kishanganga hep, Jhelum, Ratle hep, Chenab etc
2. Diplomatic relations
3. Climate change
4.3rd party guarantor
5. No regular data sharing
79
What is the way for forward in Indus water treaty?
1. Advocate indies position strongly 2. Renegotiate with climate change 3. Incorporate Helsinki rules 4-more cooperation like joint studies and engineering works 5. Expand to water qualify, wetland protection, soil erosion Eetc
80
What are the cooperation mechanisms river water shaving with other countries and India?
India-Nepal- Kosi treaty(1954), Mahakali treaty
Indies-China: data sharing for Brahmaputra & Sutlej
India-bangladeshi; Ganges treaty, flood forecast dalátransmission india-bhutan- establishedfloodforecast network.
81
What is the change in India’s attitude towards Taliban govt in afghan ?
India has opened its embassy in Kabul after 10 months
82
Why India should engage with Taliban?
1. Because other counties are engaging now
2. Declining influence of pak - internet issues, durand line dispute, time to dehyphenaté Pak from Taliban.
3. National security- Taliban past links
4 mutually beneficial
83
What India’s investments in Kabul?
1. Infrastructure _ Kabul parliament, Salma dam reconstruction , zeranj-delaram road, High impact community development project program.
2 transfer of object- ambulances, medicines, buses biscuits, military vehicles, helicopters etc.
3. People-to-people exchanges _ scholarships to AFG students, training to afghan soldiers.
84
List the downsides of India’s engagement with Taliban.
1. Inconsistenty in policy
2. Security concerns- Haqqani group, un Taliban monitoring committee report, let and JeM in nangarhar
3. No change in ideology of Taliban
4. Pro-china neighbours of taliban- Tajikistan
85
What is current in india-uae space cooperation?
ISRO launched UAE's 1st nanosatellite Nayif-1.
86
Name the joint military exercise of india -UAE
Desert eagle (airforce)
87
Historic India-UAE Comprehensive Economic Partnership Agreement (CEPA) signed during the virtual summit has officially entered into force (1 May 2022). What is its objective?7
to increase the total value of bilateral trade in goods to over US$100 billion and over US$ 15 billion in services within five years.*
88
Give the equation for GDP
GDP = consumption + investment + gout spending on goods and services+ (exports- imports)
89
What are the drawbacks of GVA?
Accuracy of methodology, accuracy of data
90
What was special FDI into India in 2021-22? How much was it?
All time high. $83.57 billion in 2021-22. Though record FDI, the gross incoming FDI growth rate fell sharply to 2% in 2021-22, from 10% in 2020-21 and 20% in 2019-20.
Increasing FDI outflows: The net FDI inflows (what’s coming in minus what’s going out) fell by 10.6%, It also highlights Indian entities investing money in manufacturing abroad instead of working for ‘Make in India’.
91
FDI is allowed in automatic route in all activities/sector mentioned in __ of ___
Regulation 16 of FEMA
92
FPIs have pulled out $33billion flomindia some Oct 2021 due to what factors?
Tightening monetary policy of us fed reserve, relatively highvaluation of Indian market, appreciating $, rising bond yields in us, risk of recession in us.
93
Significance of FDI in India ?
. Long-term Capital , Human Resource Development, Technology Transfer, ncreased Exports, Employment Generation, innovation and competition , maintaining exchange rate stability.
94
What are disadvantage of fdi
Political lobbying, small business, local culture eroded, exchange rates , domestic investment/ shift of polluting industries. modern day economic colonialisms
95
What are the highlights of FDI in 2021-22? What are the issues?
1.Decline in growth rate : 2% from 10%(20-21) and 20%(19-20)
2. Increase in FDI outflows (no making in India lol)
3. Concentrates in few sectors
4. Few pockets of FDI (ka, maha, Delhi )
5. Use of offshore tax havens
6. MoUs vs actual FDI
7,lesser reinvestments
- surplus is taken outside India
96
Why is PIL in the news ?
Supreme Court objected to frivolous, public interest, litigation, petitions and impose penalties on petitions for filing luxury litigation
97
Are High Courts subject to administrative directions of the a
Supreme Court? Example
Supreme Court in 2005 had drawn up a fine blueprint on case management. Justice is requested the High Court to implement the blueprint, most of them have not. Why? High courts are autonomous constitutional bodies, not subject to administrative directions of the Supreme Court. In the administrative functioning High Court, answerable to no one but themselves
98
Which article is public interest litigation based on?
Article 39A- which make sure that states secures and provides justice without any discrimination based on caste, religion, creed et cetera
99
Name some of the matters which are considered under PIL
Bonded labour, atrocities on women, environmental pollution, Food adulteration, maintenance of heritage and culture, et cetera
100
Who can file a PIL?
Any citizen of India, any organisation without a personal agenda, courts can take awareness of the matter and can also appoint an advocate to handle the case
101
What are the issues Issues with public interest litigation over the years?
1. Abuse of the process of law -publicity and private interest
2. Encroachment on judicial time.- Rise of frivolous PIL
3. Stalling of developmental activities.
4. While its separation of power-criticism that judiciary is overstepping
102
Give some landmark Supreme Court judgements in PILs.
1. S P. Gupta versus union of India, 1981- any member of the public or NGO, acting Bona fight can invoke writ jurisdiction of HC or SC seeking redress against a violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the court.
2. MC Mehta versus union of India 1987- PIL brought against Ganga water pollution, SC held that petitioner, although not a repair and owner entitled to move the court in protecting the lives of the people using Ganga water
3. Vishaka versus state of Rajasthan, 1997.- SC recognised sexual harassment is a violation of fundamental right, 14,15 and 21
4. Indian Banks Association, Bombay.& ors. Vs Dev Kala consultancy service. 2004- a private interest case can also be treated as a public interest case.
103
What is the way forward with PIL?
1. To prerve the purity and sanctity of the PIL, in state of Uttaranchal versus Balwant Singh, Chaufal judgement, SC issued several directions to help constitutional courts, separate sgenuine, PIL from frivolous ones
2. Adhere to the doctrine of separation of powers
3. Timely disposal.
4. Penalty.
104
Give the NCRB data about hate matter, doesn’t matter hate speech
NCRB report and about 500% increase in cases under its hate speech law in seven years
105
What is the definition of hate speech legally?
Not been defined in any law in India or in international law.
Instead, the international confident on civil and political rights calls for the prohibition by law of the advocacy of hatred that constitutes incitement to discrimination, hostility or violence
