Polity & governance

CURRENT AFFAIRS october 2019

Data localisation

Issue
The Indian government is planning to introduce a law to compulsorily
force firms to store sensitive data in India.

Background
A committee headed Justice B N Srikrishna had submitted a draft
legislation for data protection in India. Eventhough the government
recognises the importance of free data flow, it has made it clear that
“super-sensitive data” would have to reside in India.

Details
The government is yet to decide the criteria for classifying data as
“super-sensitive” and is waiting for the final bill to take shape.
The IT ministry last month constituted a committee to look at ways to
regulate non-personal category of data that includes community data and
anonymised data.
Non-personal data was kept out of the purview of the personal data
protection bill that the Srikrishna panel recommended.
Large data is usually held by large commercial entities like cab-
aggregators, e-commerce companies, etc that use the community data
generated on their platforms to improve their services.
Large scale anonymised datasets are also being provided to government
bodies and departments by large internet companies to assist in
policymaking.

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The government intends to bring a law that respects private data of

individuals but makes use of non-personal data to formulate better
policies and services.

Srikrishna committee on Data protection

The ten-member committee headed by Justice B.N Srikrishna, was tasked
with studying and identifying key data protection issues and recommend
methods for addressing them.

Highlights
The Committee has recommended setting up a Data Protection Authority
which is supposed to “protect the interests of data principals”
The Committee recommends that “sensitive” personal data (such as
passwords, sexual orientation, biometric data etc) should not be
processed unless someone gives explicit consent.
Personal data will need to be stored on servers located within India, and
transfers outside the country will need to be subject to safeguards.
The committee recommends giving “data principals” (persons whose
personal data is being processed) the ‘right to be forgotten’.This means
they will be able to restrict or prevent any display of their personal data
once the purpose of disclosing the data has ended.
The committee suggests that the personal data may be processed by the
government if this is considered necessary for any function of Parliament
or State Legislature.
The committee recommends that processing (collection, recording,
analysis, disclosure, etc) of personal data should be done only for clear,
specific and lawful purposes.
The Committee recommends the amendment amend section 8(1)(j) of the
RTI Act that pertains to the disclosure of personal information in the
larger public interest.
The Committee has suggested recommendations to the Aadhaar Act 2016
to ensure autonomy of the UIDAI and bolster data protection.

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Polity & governance
CURRENT AFFAIRS october 2019

Lokpal

Issue
The anti-corruption ombudsman, Lokpal has disposed of 1,000 of the
1,065 complaints received till September 30 since its appointment in
March 2019.

Background
The President had appointed the Lokpal chairperson and eight members
on March 19 after recommendation by the Selection Committee, under the
Lokpal and Lokayuktas Act . Justice (retired) Pinaki Chandra Ghose took
charge as the first Lokpal chairman.

Details
Lokpal
The Lokpal is constituted under The Lokpal and Lokayuktas Act, passed in
2013 with amendments in parliament.
The Lokpal is responsible for enquiring into corruption charges at the
national level while the Lokayukta performs the same function at the state
level.

Ambit
The Lokpal has jurisdiction to inquire into corruption allegations against
anyone who is, or has been, Prime Minister, or a Minister in the Central
government, or an MP and Central government officials.

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Polity & governance
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Chairpersons, members, functionaries and directors of any organisation

set up under a law passed by Parliament, or wholly/partly funded by the
Central or State government, are also covered. The registered bodies that
receive foreign contribution above ₹10 lakh also come under Lokpal.

Composition
Out of the maximum eight members, half will be judicial members.
Minimum fifty per cent of the Members will be from SC / ST / OBC /
Minorities and women.
The judicial member of the Lokpal should be either a former Judge of the
Supreme Court or a former Chief Justice of a High Court.
The non-judicial member should be an eminent person with impeccable
integrity and outstanding ability, having special knowledge and expertise of
minimum 25 years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and banking, law and
management.

Terms
The term of office for Lokpal Chairman and Members is 5 years or till
attaining age of 70 years.
The salary, allowances and other conditions of service of chairperson are
equivalent to Chief Justice of India and members is equivalent to Judge of
Supreme Court and charged upon Consolidated Fund of India.
If the chairperson dies in office or has resigned from the post, President
can authorise the senior-most Member to act as the Chairperson until new
chairperson is appointed.

Powers of Lokpal
The Lokpal will have the power of superintendence and direction over any
investigation agency including CBI for cases referred to them by the
ombudsman.
As per the Act, the Lokpal can summon or question any public servant if
there exists a prima facie case against the person, even before an
investigation agency (such as vigilance or CBI) has begun the probe.
An investigation must be completed within six months. However, the Lokpal
or Lokayukta may allow extensions of six months at a time.

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Polity & governance
CURRENT AFFAIRS october 2019

President’s power of pardoning

Issue
The President has commuted death sentences to life imprisonment in at
least 20 cases over the past nine years, based on the recommendations
received from the Ministry of Home Affairs (MHA).

Background
These commutations were based on the President’s exercise of powers
under Article 72 of the Constitution after the convicts filed mercy
petitions.

Details
Article 72
Article 72 says that the President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any offence:
(a) in all cases where the punishment or sentence is by a court Martial.
(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of the
Union extends.
(c) in all cases where the sentence is a sentence of death.

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CURRENT AFFAIRS october 2019

The question is that whether this power to grant pardon is absolute or this
power of pardon shall be exercised by the President on the advice of
Council of Ministers. The pardoning power of President is NOT absolute.

Types of pardon
Pardon: means completely absolving the person of the crime and letting
him go free. The pardoned criminal will be like a normal citizen.
Commutation: means changing the type of punishment given to the guilty
into a less harsh one.
Ex: Death penalty commuted to a life sentence.
Reprieve: means a delay allowed in the execution of a sentence, usually a
death sentence, for a guilty person to allow him some time to apply for
Presidential Pardon or some other legal remedy to prove his innocence or
successful rehabilitation.
Respite: means reducing the quantum or degree of the punishment to a
criminal in view of some special circumstances, like pregnancy, mental
condition etc.
Remission: means changing the quantum of the punishment without
changing its nature.
Ex: Reducing twenty year rigorous imprisonment to ten years.

Notes

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Polity & Governance
CURRENT AFFAIRS october 2019

Sedition issue

Issue
As many as 49 celebrities who penned an open letter to the Prime
Minister on the growing incidents of mob violence and religion based
lynching have been charged under sedition.

Background
Sedition is overt conduct, such as speech and organization, that tends
toward insurrection against the established order.
Sedition often includes subversion of a constitution and incitement of
discontent towards, or resistance against established authority.

Sedition in India
Section 124A of the Indian Penal Code lays down the punishment for
sedition. The Indian Penal Code was enacted in 1860, under the British
Raj. Section 124A forms part of Chapter VI of the Code which deals with
offences against the state.
The then British government in India feared that Muslim preachers on the
Indian subcontinent would wage a war against the government.
Throughout the Raj, this section was used to suppress activists in favour
of national independence, including Lokmanya Tilak and Mahatma Gandhi,
both of whom were found guilty and imprisoned.
The section kept drawing criticism in the independent India as well for
being a hindrance to the right to free speech.

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Applicability
A person, who by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or
contempt, or excites or attempts to excite disaffection towards, the
Government established by law in India can be charged under sedition.
Explanation 1.—The expression “disaffection” includes disloyalty and all
feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of
the Government with a view to obtain their alteration by lawful means,
without exciting or attempting to excite hatred, contempt or disaffection,
do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the
administrative or other action of the Government without exciting or
attempting to excite hatred, contempt or disaffection, do not constitute an
offence under this section.

Drawbacks of Sedition law

The Section 124A has come under criticism at numerous intervals, being
singled out for its curbing of free speech.
The law is used to instil fear and intimidate people who protest against
authority including the political opposition.

Notes

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Polity & Governance
CURRENT AFFAIRS october 2019

Foreigner’s tribunal

Issue
The Gauhati High Court has pulled up a foreigner’s tribunal in Assam that
will deliver the final judgement for those excluded from the National
Register of Citizens.

Background
The final list of bonafide citizens under NRC was published on August 31,
and excluded more than 19 lakh people. Foreigner’s tribunals are now
reviewing their cases.

Details
Foreigner’s Tribunal
The Foreigners' Tribunals are Quasi judicial courts mandated to hear
appeals of those excluded from the NRC.
The tribunals will be established in convenient locations to ensure that
filing and hearing of appeals is smooth and efficient.
Under the provisions of Foreigners Act, 1946 and Foreigners Tribunal
Order, 1964, only Foreigner Tribunals are empowered to declare a
person as a foreigner.
The Foreigners (Tribunals) Order, 1964 was issued by the Central
Government under Section 3 of The Foreigners Act, 1946. It is applicable
to the whole country.

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Polity & Governance
CURRENT AFFAIRS october 2019

Functions
It lays down the modalities for the Tribunals to decide on appeals made by
persons not satisfied with the outcome of claims and objections filed
against the NRC.
The tribunal will act like an institution that will provide assistance for
individuals whose name does not figure in NRC list. It will give them
chances to prove their citizenship claims.

Notes

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Polity & governance
CURRENT AFFAIRS october 2019

Chief Justice of India

Issue
A Supreme Court ruling has stated that a judge who retired as an Acting
Chief Justice of a High Court cannot claim the pension of a regular Chief
Justice.

Background
The court was handling the case of Justice Rao, who had retired from the
Gauhati High Court after serving 14 months as its Acting Chief Justice. The
court also ruled that the judge be given pension for the time he served as
the Chief justice and not more.

Details
Acting Chief Justice
Article 126 states that when the office of CJI is vacant or when the Chief
Justice is by reason of absence or otherwise unable to perform duties of
office, the President in such case can appoint Judge of the court to
discharge the duties of office.

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Polity & governance

Retired Judges
CURRENT AFFAIRS october 2019

Art 128 states that the CJI at any time with the previous consent of the
President and the person to be so appointed can appoint any person who
had previously held office of a Judge of SC.

Ad-Hoc Judges
Art 127 states that if at any time there is lack of quorum of Judges of
Supreme Court, the CJI may with previous consent of the President and
Chief Justice of High Court concerned request in writing the attendance
of Judge of High Court duly qualified to be appointed as Judge of SC.

Powers of Chief justice

Constitutes the rooster and allocates cases to the benches of judges.
As the head of collegium, he/she appoints judges of Supreme Court and
High court.
Judicial representative of appointment committee to select heads of
constitutional and statutory body.
Notes

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Polity & governance
CURRENT AFFAIRS october 2019

RTI Act report card

Issue
A report card analysing the performance showed that government
officials face hardly any punishment for violating the law by denying
applicants the legitimate information sought by them.

Background
The ‘Report Card on the Performance of Information Commissions in
India’ was prepared by the Satark Nagrik Sangathan and the Centre for
Equity Studies.

Details
Penalties worth ₹3.15 crore were imposed on officials. The State
Commissions of Tamil Nadu, Sikkim, Mizoram and Tripura did not impose
penalties in any cases.
The commissions also have the power to recommend disciplinary action
against officials for persistent violations of the RTI Act. Only 10 states
invoked these powers.

Implications
The failure of the commissions to impose penalties in clearly deserving
cases sends a signal to the PIOs [Public Information Officers] that
violating the law will not invite any serious consequences.

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Polity & governance
CURRENT AFFAIRS october 2019

RTI act
Right to Information (RTI) is act of the Parliament of India to provide for
setting out the practical regime of the right to information for citizens and
replaces the erstwhile Freedom of information Act, 2002.
Under the provisions of the Act, any citizen of India may request
information from a "public authority" (a body of Government or
"instrumentality of State") which is required to reply expeditiously or
within thirty days.
The Right to information in India is governed by two major bodies:
Central Information Commission (CIC)
Chief Information commissioner who heads all the central departments
and ministries- with their own public Information officers (PIO)s. CICs are
directly under the President of India.
State Information Commissions (SIC)
State Public Information Officers or SPIOs head over all the state
department and ministries. The SPIO office is directly under the
corresponding State Governor.
State and Central Information Commissions are independent bodies and
Central Information Commission has no jurisdiction over the State
Information Commission

Central Information Commission

The Central Information Commission (CIC) set up under the Right to
Information Act is the authorised body, established in 2005, under the
Government of India.
It acts upon complaints from those individuals who have not been able to
submit information requests to a Central Public Information Officer or
State Public Information Officer.
The Commission includes 1 Chief Information Commissioner (CIC) and not
more than 10 Information Commissioners (IC) who are appointed by the
President of India.
CIC and members are appointed by the President of India on the
recommendation of a committee consisting of Prime Minister as
Chairperson, the Leader of Opposition in the Lok Sabha, a Union Cabinet
Minister to be nominated by the Prime Minister.
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Polity & governance
CURRENT AFFAIRS october 2019

Lok Sabha seat freeze and delimitation

Issue
Former Union Minister and Congress leader Jitin Prasada had said that
number of Lok Sabha seats should be rationalised on the basis of
population and demanded that limits on the seat numbers must be lifted.

Background
It is argued that northern states are under- represented in Lok Sabha as
their seats are not in proportion to their population. There has been a
demand from those in these states to start a delimitation exercise.

Details
Article 81 of the Constitution defines the composition of the House of the
People or Lok Sabha. It states that the House shall not consist of more
than 550 elected members of whom not more than 20 will represent Union
Territories.
Article 81 also mandates that the number of Lok Sabha seats allotted to a
state would be such that the ratio between that number and the population
of the state is, as far as possible, the same for all states. This is to ensure
that every state is equally represented.
For the purpose of allocation of seats, population as ascertained at the
last preceding census of which the relevant figures have been published
must be considered.

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Although unintended, this implied that states that took little interest in
population control could end up with a greater number of seats in
Parliament.
The southern states that promoted family planning faced the possibility of
having their seats reduced. To protect their interests, the number of seats
as well as delimitation exercise was freezed.
The lower House’s composition has also changed with each Census up to
1971. A temporary freeze was imposed in 1976 on Delimitation until 2001.

Delimitation Commission
The Delimitation commission or Boundary commission of India is a
commission established by the Government of India under the provisions
of the Delimitation Commission Act.
The main task of the commission is redrawing the boundaries of the
various assembly and Lok Sabha constituencies based on a recent
census.
The Commission is a powerful and independent body whose orders cannot
be challenged in any court of law. The orders are laid before the Lok
Sabha and the respective State Legislative Assemblies. However,
modifications are not permitted
Notes

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Polity & Governance
CURRENT AFFAIRS october 2019

Ayodhya case

Issue
The Ayodhya appeals hearing in the Supreme Court is likely to end on
October 16, two days before the deadline.

Background
Fourteen appeals were filed in the apex court against the 2010 Allahabad
High Court judgment, delivered in four civil suits, that the 2.77-acre land in
Ayodhya be partitioned equally among the three parties , the Sunni Waqf
Board, the Nirmohi Akhara and Ram Lalla.

Details
The Ayodhya dispute is a political, historical and socio-religious debate in
India, centred on a plot of land in the city of Ayodhya in Uttar Pradesh.
The issues revolve around access to a site traditionally regarded among
Hindus to be the birthplace of the Hindu deity Rama, the history and
location of the Babri Masjid at the site, and whether a previous Hindu
temple was demolished or modified to create the mosque.
The issue gained political significance in 80’s with many right-wing parties
and groups coming together to demand a temple in the disputed area.
On December 6, 1992 during a rally under Ramjanmabhoomi movement,
provocative speeches by various leaders resulted in demolition of Babri
Masjid by a mob of activists.

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Librahan Commission (Librahan Ayodhya Commission for Inquiry) was set

up to investigate the destruction of the disputed structure of Babri Masjid
under retired High Court Judge M. S. Liberhan by an order of the Indian
Home Union Ministry.
The High Court also passed an order to the Archaeological Survey of
India to find out if there would be evidence of temple beneath the Mosque.
The Archaeological Survey of India started excavation to find out the
evidence of temple beneath the Babri-Masjid disputed land and submitted
its report that there is evidence of temple on the basis of stone columns
and pillars that might be representation of Hindu, Buddhist or Jaina
elements.
Lucknow bench of Allahabad High Court reserved its order and suggested
all the parties to resolve issue through friendly discussion but
unfortunately no one was interested.
The Supreme Court appoints Redt. Justice Kalifullah, Senior advocate
Sriram Panchu and Spiritual guru Sri Sri Ravishankar to act as mediators
between the parties of Ayodhya dispute. But there was no success.

Notes

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Polity & Governance
CURRENT AFFAIRS october 2019

Legislative council

Issue
Jammu and Kashmir government issued formal orders for abolition of
legislative council in the state after it was made a union territory.

Background
In early August, the central government revoked the special status
granted to J&K and bifurcated the state into two Union territories of J&K
and Ladakh. This resulted in re-organisation of J&K’s political structure.

Details
The Legislative Council (Vidhan Parishad ) is the upper house in those
states of India that have a bicameral legislature; the lower house being
the State Legislative Assembly.
Its establishment is defined in Article 169 of the Constitution of India.
The membership of the Legislative Council is for 6 years and 1/3rd
members retire every 2 years.
At present , seven states have Legislative Councils. These are Jammu and
Kashmir(abolished), Bihar, Uttar Pradesh, Maharashtra, Karnataka,
Andhra Pradesh and Telangana.

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Membership of Legislative Council

About 1/3rd of members are elected by members of the Assembly.
1/3rd by electorates consisting of members of municipalities, district
boards and other local authorities in the state.
1/12th by an electorate consisting of teachers.
1/12th by registered graduates.
The remaining members (1/6th) are nominated by the Governor from
among those who have distinguished themselves in literature, science,
art, the cooperative movement, and social service.

Importance
It acts as a check on hasty actions by the popularly elected House.
To ensure that individuals who might not be able to fight direct elections
too are able to contribute to the legislative process.

Criticism
They are used to park leaders who have not been able to win an election.
They can be used to delay progressive legislation.
They would strain state finances.

Notes

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Polity & Governance
CURRENT AFFAIRS october 2019

Government to modify Indian Penal Code

Issue
The Home Ministry is all set to make changes in the Indian Penal Code
(IPC), which was designed by the British for their own benefits.

Background
Home Minister Amit Shah had said that the Bureau of Police Research and
Development (BPR&D) should work on a proposal to amend various
sections of the IPC and the Code of Criminal Procedure (CrPC) after
seeking suggestions from people across the country.

Details
The idea behind the overhaul is that the master-servant concept
envisaged in IPC should change.
After formation, the IPC has never been amended in totality and only some
additions and deletions have been made.
The government is planning for a strong push for forensic reforms
through better investigation, forensic evidence and use of better scientific
techniques.

Indian Penal Code

The Indian Penal Code is the official criminal code of India. It is a
comprehensive code intended to cover all substantive aspects of criminal
law.

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Polity & Governance
CURRENT AFFAIRS october 2019

Controversial provisions
Unnatural Offences (Sodomy) - Section 377
Whoever, voluntarily has carnal intercourse against the order of nature
with any man, woman or animal, shall be punished with imprisonment of
life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

Attempt to Commit Suicide - Section 309

The Section 309 of the Indian Penal Code deals with an unsuccessful
attempt to suicide. Attempting to commit suicide and doing any act
towards the commission of the offence is punishable with imprisonment
up to one year or with fine or with both.

Adultery - Section 497

The Section 497 of the Indian Penal Code has been criticised on the one
hand for allegedly treating woman as the private property of her husband,
and on the other hand for giving women complete protection against
punishment for adultery.
This section was unanimously struck down on 27th September 2018 by a
five judge bench of the Supreme Court in case of Joseph Shine v. Union of
India.

Need for revamp

Many changes in the nature of criminal activities have not been captured
in the description of offences and punishment as entailed in the IPC.
Economic and technological changes have created a new class of financial
crimes that do not feature in IPC.

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Infosys whistleblower

Issue
An anonymous group of Infosys’ employees have reportedly accused
current CEO Salil Parekh and CFO Nilanjan Roy of indulging in unethical
practices.

Background
Infosys has also received whistleblower complaints earlier pertaining to
wrongdoings in its M&A deals, including in the acquisition of Israeli
automation technology firm Panaya.

Details
The whistleblower letter, which was shared with Infosys’ Board and the
US Securities and Exchange Commission, claims that “critical information”
has been hidden from the auditors and the Board.
It is alleged that the CEO is bypassing reviews and approvals and
instructed sales not to send mails for approvals.
The whistleblowers group have also claimed to possess several proof
including voice recordings that clearly mention the unethical practices
being carried out.

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Whistleblower
A whistleblower is a person who exposes secretive information or activity
that is deemed illegal, unethical, or not correct within a private or public
organization.
The information of alleged wrongdoing can be classified in many ways:
violation of company policy/rules, law, regulation, or threat to public
interest/national security, as well as fraud, and corruption.
Those who become whistleblowers can choose to bring information or
allegations to surface either internally or externally.
Internally, a whistleblower can bring his/her accusations to the attention
of other people within the accused organization such as an immediate
supervisor.
Externally, a whistleblower can bring allegations to light by contacting a
third party outside of an accused organization such as the media,
government, law enforcement, or those who are concerned.

Need for whistleblowing

The presence of honesty allows for complete dedication to the
organization’s mission and success.
By encouraging a whistle blowing culture, the organization promotes
transparent structure and effective, clear communication. More
importantly, whistle blowing can protect the organization’s clients.
Whistleblowing also protects public interest if it is a public organisation.

Whistleblower protection in India

Whistle Blowers Protection Act, 2014 is an Act in the Parliament of India
which provides a mechanism to investigate alleged corruption and
misuse of power by public servants and also protect anyone who exposes
alleged wrongdoing in government bodies, projects and offices.

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