1. THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950
TAG: GS 2: GOVERNANCE
THE CONTEXT: A PIL has been filed by a social worker against the formation of an “alliance using the name INDIA”. The plea seeks directions to the parties prohibiting them from using the acronym and a direction to the Centre and ECI to take action against them.
EXPLANATION:
- The PIL has contended that the use of the acronym violates provisions under Sections 2 and 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950.
- Delhi High Court has sought responses from the Centre, the Election Commission of India (ECI), and an alliance of 26 opposition parties in a public interest litigation (PIL) against these parties’ use of the acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance).
Emblems and Names (Prevention of Improper Use) Act, 1950:
- The Act was passed on March 1, 1950, to “prevent the improper use of certain emblems and names for professional and commercial purposes”.
- Section 2 of the Act defines emblem as “any emblem, seal, flag, insignia, coat-of-arms, or pictorial representation specified in the Schedule”. “Name” includes “any abbreviation of a name”.
- Section 3 of the Act prohibits the “improper use of certain emblems and names”. It stipulates that except in “such cases and under such conditions as may be prescribed by the Central Government”, no person shall “use or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem specified in the Schedule or any colourable imitation”.
- The 1950 Act’s Schedule has been amended repeatedly. As of date, it prohibits the improper usage of the name, emblem, or official seal of the Government of India (GOI) or of any state, the World Health Organisation (WHO), or the United Nations Organisation (UNO).
- It also bars such usage of the national flag, the Prime Minister, the President, and the Governor’s seal, name, and emblem.
- Besides this, using names, emblems, or seals of historical figures like Mahatma Gandhi, Jawaharlal Nehru, Lal Bahadur Shastri, and Indira Gandhi is also prohibited.
What powers are exercised by the Centre under this Act?
- Section 4 prohibits the registration of certain companies by a “competent authority’’ if it bears a title containing “any name or emblem” in contravention of Section 3.
- If any question arises before such an authority as to whether any emblem falls under the ones specified in the Schedule, the authority may refer the question to the Centre, following which the latter’s decision will be final.
- Any person who violates the provisions of Section 3 of the 1950 Act “shall be punishable with a fine which may extend to five hundred rupees”.
- However, no prosecution for any offence punishable under this Act “shall be instituted, except with the previous sanction of the Central Government or of any officer authorized in this behalf by general or special order of the Central Government”.
- Thus, even the competent authority’s power to initiate prosecution is subject to the Centre’s approval.
- Besides this, the Centre’s power has been extended to amend the Act’s Schedule under Section 8. The Central Government may, by notification in the Gazette, add to or alter the Schedule, and any such addition or alternation shall have effect as if it had been made by this Act.
- The government also has the power to make rules “to fulfil the objectives of this Act”, which will be published in the Official Gazette, Section 9 states.
- However, every such rule will be laid before both Houses of Parliament for thirty days while in session, following which, if a modification or cancellation of the same is suggested, the rule will have effect only in such modified form or no effect at all.
- Despite this, any such modification or annulment of the rule “shall be without prejudice to the validity of anything previously done under that rule”.
2. THE SUPREME COURT ORDER ON MANIPUR ISSUE
TAG: GS 2: POLITY AND GOVERNANCE
THE CONTEXT: Supreme Court intervenes in Manipur, and the SC bench, while seized of petitions seeking its intervention for restoration of order in Manipur, had taken suo motu cognisance of a video of two women being sexually assaulted and paraded naked in the state.
EXPLANATION:
- A three-judge bench, headed by Chief Justice of India said a detailed order is being issued to restore a sense of confidence/faith in the rule of law in Manipur and to that extent bring a sense of trust and faith and confidence.
- Supreme Court said it is appointing former Mumbai Police Commissioner to be the “overall monitor” of a CBI probe into the instances of sexual violence in Manipur.
- It also named a three-member committee of former High Court judges, headed by retired J&K High Court Chief Justice Gita Mittal, to look into the humanitarian aspects.
- This committee will be looking at things including relief, remedial measures, rehabilitation, compensation, restoration of homesteads, religious places of worship and so on and so forth.
- So the remit of the committee will be broad-based, including looking at conditions of relief camps. They will look into diverse aspects of a humanitarian nature in the current situation.
- The bench said officers will be brought on deputation to the CBI specifically for the purpose of overseeing the investigation of these FIRs, which have been transferred to it.
- These officers will also be functioning within the four corners of the infrastructural and administrative set-up of the CBI. So they may be supervised by an officer of the Joint Director, CBI, adding it will ask the state DGPs to nominate the officers.
- The bench said there will be one more layer of scrutiny where a former IPS officer who has wide experience in investigation will oversee the nature of the investigation.
Manipur Violence : In Brief
- On the 10th of March, mass rallies were held across hill districts by The Indigenous Tribal Leaders Forum (ITLF), where the Kuki tribe raised slogans against the eviction of residents from K. Songjang village.
- On March 11, the State government retaliated by withdrawing the Suspension of Operation (SoO) agreement which is a ceasefire agreement that the Central and State government signed with the United People’s Front and the Kuki National Organisation in 2008.
- On May 3, 2023, Kuki held a ‘Tribal Solidarity March’ to oppose the High Court’s decision to grant ST status to Meiti.
- The violence broke out in Churachandpur, a town just south of the state capital Imphal; a few hours after the march, an Anglo-Kuki War memorial gate was set on fire by the Meiteis in Churachandpur.
- The memorial marks the 1917-19 war between the Kukis and the colonial British, who ruled over India until 1947. The burning of the gate triggered clashes across Manipur as armed groups from both sides went on a rampage, attacking villages and burning homes.
- On May 4, as the violence escalated, the Centre invoked Article 355 of the Constitution, which is a part of emergency provisions. Convoys of trucks belonging to the Army, the Assam Rifles, the Rapid Action Force, and local police personnel have moved into the State and entered several affected areas.
- Since then, many people have been killed and displaced, police armouries have been looted, hundreds of churches and more than a dozen temples have been ruined, and villages have been destroyed.
- Indefinite curfew has been imposed in the Meitei-dominated Imphal West, Kakching, Thoubal, Jiribam, and Bishnupur districts, as well as in Kuki-dominated Kangpokpi and Tengnoupal districts.
- After the fake news and misinformation circulated, claiming that Meitei women had been raped and killed by Kukis, Kuki women began to be systematically targeted in revenge attacks, which included rape, torture and assault. There have also been several reports of beheadings.
- A video went viral online on July 19, showing a mob of Meitei men parading and groping two naked Kuki women on a rural road before taking them to a field, where one of them was reportedly raped.
- The state is swiftly bifurcated along ethnic lines, with the Meiteis in the valley and the Kukis in the hills, defending their territory against violent mobs, with a buffer zone created in the middle.
Causes of Violence:
- High Court Proposal of granting ST Status to Meiti: The violence was sparked by a court ruling in March that granted the majority Meitei “scheduled tribal status”, entitling them to the same economic benefits and quotas in government jobs and education as the minority Kuki. It also allowed Meiteis to buy land in the hills, where the Kukis predominately live, further fuelling fears that their lands, jobs and opportunities would be taken away.
- Eviction from forest area: The government’s clampdown on reserved and protected forests in the State’s hill areas, as many acres of land in the hills are being used for poppy cultivation. It led to the eviction of primarily Kukivillagers from houses and villages allegedly built on forest land in violation of the Indian forest laws, leading to protests and violence.
- Cultural conflict: Manipur is divided into exclusive ethnic zones where Meiteis account for about 53% of Manipur’s population and live mostly in the Imphal Valley. Tribals, Nagas, and Kukis constitute another 40 per cent of the population and reside in the hill districts. They have for decades fought one another over conflicting homeland demands and religious differences; however, time, the conflict is strictly rooted in ethnicity, not in religion.
- Illegal migrants: Several illegal migrants from neighbouring Myanmar have entered India has angered the indigenous tribals who fear the loss of land and resources, and the feeling of persecution led to Kuki unrest and led violence.
- Scarcity of resources: The violence stems from decades of contestation over land and natural resources, fuelling deep-seated resentment among both the Meiteis and Kukis. As the population grows, resources are getting scarce, leading to conflicts between communities.
NOTE: See our ED discussion for more information on the Manipur issue.
Link: https://www.youtube.com/watch?v=IzxhoGHdrlU
3. THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2023
TAG: GS 2: GOVERNANCE
THE CONTEXT: After intense opposition and questions over its constitutionality, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, received approval of Rajya Sabha. Delhi Chief Minister compared NCT Bill to the British-era Govt of India Act of 1935.
EXPLANATION:
The issues raised in the Bill:
- The Bill grants the Centre-appointed Lieutenant Governor of Delhi increased powers over the administrative apparatus of the national Capital.
- In this regard, the issue was raised of autonomy and a comparison was made with GOI 1935. As Government of India Act of 1935 states that there will be elections in India, but the elected government will not have any powers,
- Under the colonial law, the governor-general at the Centre and provincial governors retained authority on key matters and had the power to supersede or suspend elected governments.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2023
1.National Capital Civil Services Authority:
- The Bill establishes the National Capital Civil Services Authority to make recommendations to the Lieutenant Governor of Delhi (LG) on certain matters related to services. These include:
(i) transfers and postings
(ii) matters related to vigilance
(iii) disciplinary proceedings
(iv) prosecution sanctions of Group A of All India Services (except Indian Police Service) and DANICS.
- The Authority will consist of the: (i) Chief Minister of Delhi as Chairperson, (ii) Principal Home Secretary of the Delhi government as Member Secretary, and (iii) Chief Secretary of the Delhi government as Member.
- The central government will appoint both the Principal Home Secretary and Chief Secretary.
- All decisions of the Authority will be based on a majority vote of the members present and voting. The quorum for a meeting is two people.
2.Powers of the Lieutenant Governor:
- Under the Bill, matters where the LG may act on his discretion are:
- matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG
- matters where he is required by law to act in his discretion or exercise any judicial or quasi-judicial functions.
- The Bill specifies that in these matters, the LG will act in his sole discretion. It expands the discretionary role of the LG by giving him powers to approve the recommendations of the Authority or return them for reconsideration.
- In the case of a difference of opinion between the LG and the Authority, the former’s decision will be final.
3.Disposal of matters by Ministers:
- A Minister of the Delhi government may issue standing orders for the disposal of matters brought to his attention. The order should be issued in consultation with the concerned Department Secretary.
- Certain matters must be submitted to the LG, through the Chief Minister and the Chief Secretary, for his opinion prior to the issue of any order.
- These include proposals affecting:
- the peace and tranquillity of Delhi
- relations between the Delhi government and the central government, Supreme Court, or other state governments
- summoning, prorogation, and dissolution of the Legislative Assembly
- matters on which LG is to give an order in his sole discretion.
4.Duties of Secretaries:
- Additionally, the concerned Department Secretary must bring certain matters to the notice of the LG, the Chief Minister, and the Chief Secretary.
- These include matters which may bring the Delhi Government into controversy with the central or any state government, the Supreme Court, or the High Court of Delhi.
Government of India Act 1935:
- The Act was divided into 451 clauses and 15 schedules, making it the most complicated document ever passed by the British Parliament.
- The Act of 1919 established ‘dyarchy’ in the provinces, but the Act of 1935 was enacted with the aim of establishing ‘dyarchy’ at the centre.
- The object was to meet the needs of Indians to have a responsible government in the country.
- It was for the first through this Act that an attempt was made to bring the Indian princely states together and associate them with the constitutional set-up and centre in India. However, there was no preamble in the Act.
Some of the key features of the Act were:
- The Government of India Act of 1935 set out to establish the “Federation of India” consisting of British Indian territories and princely states, and governed at two levels, central and provincial.
- The Act introduced bicameralism in upper and lower Houses at the Centre and in six provinces, along with direct elections to these chambers. At the time, it was one of the longest pieces of legislation passed in the British Parliament.
- The Act eliminated the system of diarchy introduced by the Government of India Act of 1919, which devolved some powers to provincial legislatures but kept authority in key areas such as finance with the British-appointed provincial governor.
- The 1935 Act also granted the provincial governor the power to suspend the provincial government if deemed necessary.
- However, it retained diarchy at the central level. The governor-general, who was not accountable to the legislature, had direct control over some matters, including defence, taxation, and the police.
- Other subjects, such as health and education, were left to the legislature, but the governor-general was given the authority to act on these matters too.
- It also expanded voting rights from 3% of the population to 14%, set up a federal court in Delhi, and established the Reserve Bank of India.
- But Indian leaders were unhappy with the Act since it placed limitations on the autonomy it granted. The governor-general and provincial governors retained authority on key matters and had the power to supersede or suspend elected governments.
- The Federation of India, however, was never established since many princely states refused to support the Act.
- The rest of the Act was enacted in 1937 after the first provincial elections were held. The Act was nullified after the Constitution of India was drafted in 1950, though the Constituent Assembly borrowed several provisions from it.
4. GUT MICROBIOTA AND IMMUNE SYSTEM
TAG: GS 3: SCIENCE AND TECHNOLOGY
THE CONTEXT: The scientific community has unveiled a hidden ally in our body’s Défense mechanism – the gut microbiota.
EXPLANATION:
- A Recent Research study has highlighted that a harmonious gut microbiota composition can effectively enhance immune responses, while an imbalance (dysbiosis) might lead to immune-related disorders.
- One of the most significant revelations in the field of health and immunology is the profound impact that gut microbiota has on our immune system.
- Research suggests that a healthy gut microbiome can positively impact other body systems.
GUT MICROBIOTA
- The gut microbiota is a community of trillions of bacteria residing in the digestive tract.
- It is often referred to as gut flora.
- It contributes to digestion, metabolism, and nutrient absorption.
- It plays a pivotal role in training and developing the immune system.
- It maintains a healthy gut lining’s integrity, producing immune-modulating compounds, competitive exclusion, and impacting other body systems, including the cardiovascular, nervous, and endocrine systems.
- These microscopic organisms residing in our digestive tract play a pivotal role in maintaining overall health.
HOW GUT MICROBIOTA SUPPORTS OUR IMMUNE SYSTEM?
- The Gut Microbiota plays a crucial role in training and developing the immune system, during infancy and early childhood.
- A healthy gut lining forms a barrier that prevents harmful substances from entering the bloodstream.
- It aids in maintaining this barrier’s integrity by stimulating the production of mucus and strengthening the tight junctions between cells. This barrier function is vital in preventing infections and autoimmune reactions.
- It produces short-chain fatty acids and other metabolites that play a role in regulating immune responses.
- These compounds help modulate inflammation and promote a balanced immune reaction.
- It competes with potential pathogens for resources and space within the intestines.
- Beneficial bacteria can outcompete harmful microorganisms, reducing the risk of infections.
POSITIVE IMPACTS
- The influence of gut microbiota extends beyond the digestive system.
- A healthy gut microbiome can positively impact other body systems, including the cardiovascular, nervous, and endocrine systems, all of which contribute to overall immune health.
- The importance of nurturing a healthy gut microbiota cannot be overstated.
WHAT SHOULD WE DO FOR A HEALTHY MICROBIOTA?
- The importance of nurturing a healthy gut microbiota cannot be overstated. A balanced gut flora and a robust immune system leads us to healthy life.
- Consumption of a variety of whole foods, including fiber-rich fruits, vegetables, whole grains, and legumes promotes the growth of beneficial gut bacteria.
- Adding probiotics and prebiotics is essential to nourish and replenish gut microbiome.
- Using antibiotics judiciously, as these medications can disrupt the balance of gut microbiota.
- Chronic stress can impact gut health.
- Practices like meditation, exercise, and adequate sleep can contribute to a healthier gut.
5. DIGITISATION OF CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES (CRCS)
TAG: GS 2: GOVERNANCE
THE CONTEXT: The digital portal of the Central Registrar of Cooperative Societies (CRCS) office was launched in Pune by Union Home Minister, and Minister of Cooperation in August 2023.
EXPLANATION:
- Union Minister added that the work of the Central Registrar (CRCS) office, which operates the Multi State Cooperatives, is becoming completely digital today.
- All the work of cooperative societies like opening new branches, expansion to other states or auditing, will be done online now.
- It is a transformational step towards efficiency and transparency.
CENTRAL REGISTRAR OF COOPERATIVE SOCIETIES (CRCS)
- As per the Constitution, the Cooperative societies with objects confined to one State only are governed by the Cooperative laws of the respective State Government
- The cooperative societies with objects confined to more than one State are governed by the central law, namely, ‘the Multi-State Co-operative Societies Act 2002.
- The Central Registrar of Cooperative Societies is appointed as per article 243ZH(f) of the Constitution read with subsection (1) of section (4) of Multi-State Co-operative Societies Act 2002.
- It is the statutory body responsible for registration and other processes of the Multi State Cooperative Societies (MSCS).
FUNCTIONS OF THE CRCS
- Registration of Cooperative Societies.
- Amalgamation, Division, and re-organization of Cooperative Societies.
- Ensure timely Election of the Managing Committee in Cooperative Societies.
- Conduct elections of Managing Committee in primary cooperative banks and federal cooperative societies.
- Settle disputes of Cooperative Societies through the process of arbitration.
- Function as an appellate Court.
- Operating Cooperative Education Fund for training, education, propaganda, and publicity programme for the development of Cooperative Movement in the NCT of Delhi.
- To approve proposals for enrolment, resignation, and cessation of membership in Housing Cooperative.
- To frame, execute and monitor various beneficiary schemes approved by the Central /State Govts, including financial assistance to various sectors of Cooperatives.
THE MULTI-STATE COOPERATIVE SOCIETIES ACT, 2002
- It is an Act to consolidate and amend the law relating to co-operative societies, with objects not confined to one State and serving the interests of members in more than one State.
- It facilitates the voluntary formation and democratic functioning of co-operatives as people’s institutions based on self-help and mutual aid.
- It enables them to promote their economic and social betterment and to provide functional autonomy.
- To achieve the objective, The Multi State Cooperative Societies Bill was introduced in the Parliament.
- The bill having been passed by both the Houses of Parliament received the assent of the President on 3rd July 2002.
- It came on the Statute Book as The Multi State Cooperative Societies ACT 2002 (39 of 2002).
THE MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2022
- The Bill amends the Multi-State Co-operative Societies Act, 2002.
- It establishes the Co-operative Election Authority to conduct and supervise elections to the boards of multi-state co-operative societies.
- A multi-state co-operative society will require prior permission of government authorities before the redemption of their shareholding.
- A Co-operative Rehabilitation, Reconstruction and Development Fund will be established for the revival of sick multi-state co-operative societies.
- The Fund will be financed through contributions by profitable multi-state co-operative societies.
- The Bill allows state co-operative societies to merge into an existing multi-state co-operative society, subject to the respective state laws.
SIGNIFICANCE OF DIGITISATION
- Enhanced Accessibility: Digitization allows stakeholders, including members of cooperative societies, regulatory authorities, and the public, to access information easily and remotely.
- This accessibility promotes transparency and accountability in the functioning of cooperative societies.
- Improved Efficiency: Manual record-keeping is often time-consuming and prone to errors.
- Digitization streamlines administrative processes, reducing paperwork and enabling quicker data retrieval and analysis.
- This efficiency leads to better decision-making and resource allocation.
- Data Integrity and Security: Digital records are less susceptible to damage, loss, or tampering compared to physical documents.
- Robust cybersecurity measures can be implemented to safeguard sensitive cooperative society data, ensuring its integrity.
- Real-time Reporting: Digitization facilitates real-time reporting and monitoring of cooperative society activities.
- Regulatory authorities can track financial transactions, membership details, and compliance with regulations more effectively, leading to proactive intervention when required.
- Empowering Members: Cooperative society members can access their records, transactions, and benefits through digital platforms.
- This empowerment fosters trust among members and encourages active participation in the cooperative movement.
CHALLENGES IN DIGITIZING CRCS
- While the benefits are promising, the digitization of CRCS is not without its challenges:
- Infrastructure and Connectivity: In many regions, inadequate internet connectivity and technological infrastructure can hinder the successful implementation of digitization efforts.
- Digital Literacy: Ensuring that all stakeholders, including cooperative society members and government officials, are digitally literate and comfortable with the new systems is crucial.
- Data Security and Privacy: Digital records require robust cybersecurity measures to safeguard sensitive information from unauthorized access, data breaches, and cyberattacks.
- Resistance to Change: Resistance to adopting digital processes, particularly among traditional stakeholders, can slow down the transition and require comprehensive awareness campaigns.
- Financial Constraints: Implementing digitization requires financial investments for technology acquisition, training, and maintenance, which might be a challenge for resource-constrained regions.
