0% found this document useful (0 votes)
29 views19 pages

Overview of India's Human Rights and Governance

The document discusses two bodies: the National Human Rights Commission (NHRC) and the Asian Development Bank (ADB). The NHRC is a statutory body established in 1993 to promote and protect human rights in India. The ADB is a regional development bank established in 1966 to promote social and economic development in Asia.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
29 views19 pages

Overview of India's Human Rights and Governance

The document discusses two bodies: the National Human Rights Commission (NHRC) and the Asian Development Bank (ADB). The NHRC is a statutory body established in 1993 to promote and protect human rights in India. The ADB is a regional development bank established in 1966 to promote social and economic development in Asia.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

GS-2

POLITY:-
[Link] Human Rights Commission (NHRC)
 It is a statutory body.
 NHRC was established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993.
 The Act also provides for the creation of the State Human Rights Commission as well.
 The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
 The commission is a multi-member body consisting of a chairman and five members.
 The chairperson is a retired chief justice of India or a judge of the Supreme Court.
 They are appointed by the President on the recommendations of a six-member committee consisting of:
1. Prime Minister (head)
2. Speaker of the Lok Sabha
3. Deputy Chairman of the Rajya Sabha
4. Leaders of the Opposition RS
5. Leader of opposition LS
6. Union Home Minister.
 They hold office for a term of 3y or 70 y, whichever is earlier.
 The President can remove them from the office under specific circumstances.

[Link] Development Bank (ADB)


 It is a regional development bank.
 It was established on 19 December 1966.
 Headquarters: Mandaluyong, Philippines.
 It was established to promote social and economic development in Asia.
 Motto: ADB is committed to achieving a prosperous, inclusive, resilient and sustainable Asia & the Pacific, while
sustaining its efforts to eradicate extreme poverty.
 It offers hard loans (currency) on commercial terms primarily to middle income countries in Asia and
 It provides soft loans (loan with a below-market rate of interest) to poorer countries in the region.
 Both types of loans are sourced from the bank’s ordinary capital resources (OCR).
 Five largest borrowing countries are China, India, Pakistan, Indonesia and Bangladesh .

Non Constitutional Bodies:-


 NITI Aayog
 National Human Rights Commission
 State Human Rights Commission
 Central Information Commission.
 State Information Commission
 Central Vigilance Commission
 Central Bureau of Investigation
 Lokpal and Lokayuktas
 National Investigation Agency
 National Disaster Management Authority
Constitutional Bodies:- Established by virtue of constituion
 Election Commission
 Union Public Service Commission
 State Public Service Commission
 Finance Commission
 Goods and Services Tax Council
 National Commission for SCs
 National Commission for STs
 National Commission for BCs
 Special Officer for Linguistic Minorities
 Comptroller and Auditor General of India
 Attorney General of India
 Advocate General of the State

Statutory Bodies:- Estabished by Act of Parliament


Zonal council

Fundamental rights VS DPSP:-

Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the
Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive
Principles have to conform to and run as subsidiary to the Fundamental Rights. But, it also held that the
Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.
As a result, the Parliament made the First Amendment Act (1951), the Fourth Amendment Act(1955) and the
Seventeenth Amendment Act (1964) to implement some of the Directives.
Supreme Court’s judgement in the Golaknath case (1967). In that case, the Supreme Court ruled that the
Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In
other words, the Court held that the Fundamental Rights cannot be amended for the implementation of the
Directive Principles.
The Parliament reacted to the Supreme Court’s judgement in the Golaknath Case (1967) by enacting the 24th
Amendment Act (1971) and the 25th Amendment Act (1971). The 24th Amendment Act declared that the
Parliament has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional
Amendment Acts.
The 25th Amendment Act inserted a new Article 31C which contained the following two
provisions:
[Link] law which seeks to implement the socialistic Directive Principles specified in Article 39 (b) and (c) shall
be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before
law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly,
movement, etc) or Article 31 (right to property).
[Link] law containing a declaration for giving effect to such policy shall be questioned in any court on the
ground that it does not give effect to such a policy.

In the Kesavananda Bharati case (1973), the Supreme Court declared the above second provision of Article
31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution
and
hence, cannot be taken away. However, the above first provision of Article 31C was held to be constitutional
and valid

Minerva Mills case (1980). It means that the Directive Principles were once again made subordinate to the
Fundamental Rights. But the Fundamental Rights conferred by Article 14 and Article 19 were accepted as
subordinate to the Directive Principles specified in Article 39 (b) and (c).

Therefore, the present position is that the Fundamental Rights enjoy supremacy over the Directive Principles.
Yet, this does not mean that the Directive Principles cannot be implemented. The Parliament can amend the
Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or
destroy the basic structure of the Constitution.

Emergency:-
National  State Emergency or Financial Emergency
 President Rule or
 Constitutional
Emergency
Article 352 356 360
Grounds  War
 External Disturbance
 Armed Rebellion
Proclaimed by President
Only after Written Recommendation to
President by union Cabinet
Tenure Max 1+6 months 3 Years
Must be Approved within 1Month by 2 month ,Simple majority 2 month ,Simple
(LS+RS) Special majority majority
Withdrawal  Revocation by
president on advice of
COM
 10% Member of LS
speaker
 Not approved by Both
house within 1 month.
Other FR UA19 suspended

President VC CJI
Nomination Supported by 50 seconded 20,20
by 50
Election Electoral college(Elected MPs+Nominated Appointed by President
MPs+MLAs) MPs but No state
legislator
System PR+STV PR +STV
Oath CJI-UA60 President or his
behalf
Impeachment Removal
 Resolution either  Resolution
house by 1/4th in RS by
 Vote by Special effective
majority majority
 Agreed by
LS simple
majority
Resignation to P

EC/SEC CAG UPSC/SPSC *CAG


Article 324/243 148(Executive) 315-323/same
Part Part 15/9 & 9A Part-5 Part 14
Appointment P/G P P/G
Composition CEC+EC(P)+REC CAG+Full Staff
Term/Tenure 6y,65y,Further:y PL ,6y,65y
Security of Tenure Further-No 148(4)
Service condition P/G PL P/G
Can be Varied Can’t be varied Can’t be varied
Salary PL Decides PL decides Charged on
Judges of SC Judges of SC CFI/CFS
Removal President only By P only P(Not G)
CEC-Like judges of Like judge of SC
SC/HC
EC,REC: on
recommendation
of CEC

Resignation P/G To P To P/G


Qualification
Function
Submit Report to?
Others

FC/SFC NCSC/NCST SOLM AGI/AGS


Article 338/338A 76/165
Part Part 16,89th CA Part-5/6
Appointment By President P/G
Composition Chairman,VC,+3M
Term/Tenure P
3y
Service condition P Govt is everything
for him
Salary
Removal P Pleasure of P
Resignation P P/G
Generally Resigns
with Govt
Qualification Same as SC Judge
Function
Submit Report to? P—PL
P--SL
Others  Lawyers of
Govt
 Not Govt
employee

SC HC Distt. Judge Lokhpal


Article
Part
Appointment
Composition
Term/Tenure
Service condition
Salary
Removal
Resignation
Qualification
Function
Submit Report to?

Others

Tribunals:-

CAT(Central) SAT(State) JAT(Joint)


Appointment P P(+G) P(+G)
Composition & Tenure
Other

The Interim Budget is presented by the Incoming Government or new Government which has different fiscal
and revenue plans from the outgoing Government.
S.N. Vote on account Interim Budget
It deals only with the expenditure side of
It includes both expenditures and receipts of
1 the government
the government’s
budget.
2 It is for only two or three months. It is for one year .
The justiciability of Fundamental Rights and non-justiciability of Directive Principles on the one hand and
the moral obligation of State to implement Directive Principles (Article 37) on the other hand have led to
a conflict between the two since the commencement of the Constitution.
 The conflict between Fundamental Rights (FR) and Directive Principles (DPSP) have evolved through
various case judgments as discussed below:
Champakam Dorairajan case (1951)
 The Supreme Court ruled that in case of any conflict between the Fundamental Rights and the
Directive Principles, the former would prevail. Hence pair 1 is correctly matched.
 But, it also held that the Fundamental Rights could be amended by the Parliament by enacting
constitutional amendment acts.
 As a result, the Parliament made the First Amendment Act (1951), the Fourth Amendment Act
(1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.
Golaknath case (1967).
 The Court held that the Fundamental Rights cannot be amended for the implementation of the
Directive Principles. Hence pair 2 is correctly matched.
24th Amendment Act (1971)
 The 24th Amendment Act declared that the Parliament has the power to abridge or take away any
of the Fundamental Rights by enacting Constitutional Amendment Acts.
25th Amendment Act (1971)
 It inserted a new Article 31C which contained the following two provisions:

Article State
371 Maharastra
371A Nagaland
371B Assam
371C Manipur
371D Andra Pradesh
371E Central University in AP
371F Sikkim
371G MiGoram
371H ArunacHal
371I Goa
371J Karnataka

Commission /Committee Year Recommendation


Sarkaria Commission Inter-state Council
Balwant Rai Mehata PRI -3 stages
committee
Punchhi Commission Apr-2007 73rd,74th amendmets actrecomedation
JVP Committee Language Based States

Thungton Committee Reservation based on population for Panchayats


+Women
LM Shingavi Committee
GVK Rao Committee
Gadgil Committee (SC+ST+Women) reserved seats For PRIs
Rajamannar committee Planning commission to be replaced by Statutory
body

National Commission for BC 338B


All India Services 312
Reservation of seat for SC & ST in LS 330
Administrative Tribunals 332A

Guillotine cut Undiscussed clauses put to vote


Kangaroo cut Only imp clauses are taken for debate
Point of order When house proceedings do not follow the normal rules
Policy cut

2nd ARC Reports Title


1st Report
2nd Unlocking Human Capital Entitlements and Governance
3rd
4th
5th Public Order
6th Local Governance

9th Social Capital: A shared Destiny

15th
GOVERNANCE:-

International Relation:-

1. India-China-Africa
Impact of COVID-19 pandemic on Africa
 Ill-equipped to cope with a public health emergency of such magnitude due to shortages of masks,
ventilators, and even basic necessities such as soap and water.
 Recession: COVID-19 outbreak has sparked off the Sub-Saharan Africa (SSA) region’s first recession in 25
years.
 Deepens Health Crisis: With high rates of HIV, malaria, diabetes, hypertension and malnourishment
prevalent in Africa, COVID-19 pandemic will further deepen the health crisis in the region.
 Impacts economic model: The steep decline in commodity prices has spelt disaster for the commodity
dependent economies of Nigeria, Zambia and Angola.
 Possibility of Increased Public debt: According to the World Bank, the SSA region paid $35.8 billion in
total debt service in 2018, 2.1% of regional GDP. This figure is set to increase due to falling revenues &
precarious fiscal position of African nations
 Africa’s cycle of chronic external aid dependence continues: Together, African countries have sought a
$100 billion rescue package, including a $44 billion waiver of interest payment by the world’s 20 largest
economies.
Beijing’s donation diplomacy
 China, being Africa’s largest trading partner (annual trade ~ $208 billion), was quick to signal its intent to
help Africa cope with the pandemic.
 China despatched medical protective equipment, testing kits, ventilators, and medical masks to several
African countries.
 The motives for such donations are:
o To raise Beijing’s profile as a leading provider of humanitarian assistance and “public goods” in the global
public health sector.
o To shift the focus away from talking about the origins of the virus in Wuhan
o To build goodwill overseas, and establish an image makeover.
o To further secure Africa’s support in multilateral fora. In the past Beijing had used African support for
securing a win for Chinese candidates as the head of FAO & WHO
Criticism of Beijing’s donation Diplomacy
 Sub-optimal quality of China’s medical supplies
 Ill-treatment of African nationals in Guangzhou city, which grew into full-blown political crisis for Beijing
 On Africa’s part, the problem lies in the deep credibility gap between Africa’s governing class, the people,
the media and civil society
 As a result, criticisms levelled against China has hardly surfaced at the elite level
New Delhi and Africa during the Pandemic
 Increased Focus: Africa has been the focus of India’s development assistance and also diplomatic outreach,
as evident in plans to open 18 new embassies.
 Similar Conditions: There is a keen interest to understand the developments and best practices in India
because the two share similar socioeconomic and developmental challenges.
 Health Support: India is sending consignments of essential medicines, including hydroxychloroquine
(HCQ) and paracetamol, to 25 African countries in addition to doctors and paramedics at a total cost of
around ₹600 million ($7.9 million)
 Capacity Building: e-ITEC COVID-19 management strategies training webinars during pandemic were
exclusively aimed at training health-care professionals from Africa and SAARC, where best practices were
shared by Indian health experts
 Ayurveda: A few African countries such as Mauritius are pushing for health-care partnerships in traditional
medicines and Ayurveda for boosting immunity.
 Proactive Diaspora: Country-specific chapters of gurdwaras and temples by Indians in Africa, have fed
thousands of families by setting up community kitchens, helplines for seniors and distributing disinfectants
and sanitisers.
The Contrasts – India and China
 The Chinese approach to Africa is threefold:
1. Money, political influence and elite level wealth creation;
2. Strong state-to-state relations as opposed to people-to-people ties; and
3. Hard-infrastructure projects and resource extraction.
 India’s approach on the other hand is one that focuses on
1. Building local capacities
2. An equal partnership with Africans and not merely with African elites.
3. Soft power with collaborative partnership is resource utilization

2. India-Bhutan
The Union Cabinet recently approved the signing of the MoU between India and Bhutan on Cooperation in the
areas of Environment.
Key takeaways
 The MoU will cover the following areas of environment:
1. Air
2. Waste Chemical Management
3. Climate Change
4. Any other areas jointly decided upon.
 This MoU shall enter into force on the date of signature and shall continue to remain in force for a period of
ten years.
 It will facilitate exchange of best practices and technical knowhow through both public and private
sectors.
 It shall contribute to sustainable development.
 It provides the possibility for joint projects in areas of mutual interest.
 However, no significant employment generation is envisaged.
Important value additions
Bhutan
 Bhutan is a landlocked country in South Asia. It is located in the Eastern Himalayas.
 It is bordered by the Tibet Autonomous Region of China in the north, the Chumbi Valley of Tibet, China
and Sikkim and West Bengal in the west, and Assam, West Bengal and Arunachal Pradesh in
the south and east.
 In 2008, Bhutan transitioned from an absolute monarchy to a constitutional monarchy.
 In South Asia, Bhutan ranks first in economic freedom, ease of doing business and peace and is the least
corrupt country in the region as of 2016.
 It continues to be a least developed country, but expects to graduate from this status by 2023.
 Bhutan pioneered the concept of Gross National Happiness.

3. India-Austrailia:-
 The two sides announced that seven agreements had been signed, including the long-awaited Mutual
Logistics Support Agreement.
 The two countries also released a declaration on “Shared Vision for Maritime Cooperation in the
Indo-Pacific” that advocated for a “rules-based maritime order that is based on respect for
sovereignty and international law, particularly the United Nations Convention on the Law”.
 With China increasing its footprint in the region, the countries agreed to “exchange views on their
respective approaches to the South Pacific region under Australia’s Pacific Step Up and India’s Forum
for India-Pacific Islands Cooperation (FIPIC), with a view to cooperate in the region”.
 The joint statement stated that the two sides have decided to restart talks on a Comprehensive Economic
Cooperation Agreement (CECA). There was also discussion on “discussed the issue of taxation of
offshore income of Indian firms through the use of the India-Australia Double Taxation Avoidance
Agreement (DTAA) and sought early resolution of the issue”.India and Australia raised their relationship
to a Comprehensive Strategic Partnership (CSP) after a ‘virtual’ summit held recently between Prime
Ministers of the two countries.
 It was also decided to recommence the talks on India-Australia Comprehensive Economic Cooperation
Agreement (CECA) which has been suspended since 2015.
 9 agreements were concluded though the summit.
1. Mutual Logistics Support Agreement (MLSA) was also concluded.
2. A joint declaration was also issued on a Shared Vision for Maritime Cooperation in the Indo-Pacific.
3. MLSA will allow both militaries the reciprocal use of bases, humanitarian and disaster relief cooperation,
port exercises, and passage exercises.
 Other agreements included:
1. A framework arrangement on cyber technology
2. An MoU on mining and processing critical and strategic minerals including Australian rare earth metals
used for electronics
3. Governance
4. Vocational training
5. Water management.

Shanghai Cooperation Organization (SCO):-Known as Alliance of East


It is a permanent intergovernmental international organisation.

1. It’s creation was announced on 15 June 2001 in Shanghai (China) by the Republic of Kazakhstan,
the People’s Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of
Tajikistan, and the Republic of Uzbekistan.
2. It was preceded by the Shanghai Five mechanism.
3. The SCO’s official languages are Russian and Chinese.

Bodies under SCO:

1. Heads of State Council (HSCSCO Heads of Government Council (HGC)


2. Two permanent bodies — the SCO Secretariat based in Beijing and the Executive Committee of
the Regional Anti-Terrorist Structure (RATS) based in Tashkent.
3. The SCO Secretary-General and the Director of the Executive Committee of the SCO RATS are
appointed by the Council of Heads of State for a term of three years.

Currently:

1. SCO comprises eight member states,


1) the Republic of India,
2) the Republic of Kazakhstan,
3) the People’s Republic of China,
4) the Kyrgyz Republic,
5) the Islamic Republic of Pakistan,
6) the Russian Federation,
7) the Republic of Tajikistan,
8) the Republic of Uzbekistan.
2. SCO counts four observer states, namely the Islamic Republic of Afghanistan, the Republic of
Belarus, the Islamic Republic of Iran and the Republic of Mongolia.
3. SCO has six dialogue partners, namely the Republic of Azerbaijan, the Republic of Armenia, the
Kingdom of Cambodia, the Federal Democratic Republic of Nepal, the Republic of Turkey, and the
Recent Context: India will host a meeting of the Heads of Government for the first time in 2020.
About Shanghai Cooperation Organisation: The Shanghai Cooperation Organisation, also known as
the Shanghai Pact, is a Eurasian political, economic, and military organisation which was founded in
2001 in Shanghai.
Goals of the SCO are:
o strengthening mutual trust and neighbourliness among the member states.
o promoting their effective cooperation in politics, trade, the economy, research, technology and
culture, as well as in education, energy, transport, tourism, environmental protection, and other areas.
o making joint efforts to maintain and ensure peace, security and stability in the region.
o and moving towards the establishment of a democratic, fair and rational new international political
and economic order.
Founding members:
China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan. The cooperation was renamed to
Shanghai Cooperation Organisation after Uzbekistan joined the organisation in 2001.
Presently, the SCO comprises eight member states, namely the Republic of India( joined in
2017), the Republic of Kazakhstan, the People‘s Republic of China, the Kyrgyz Republic, the
Islamic Republic of Pakistan( joined in 2017), the Russian Federation, the Republic of Tajikistan,
and the Republic of Uzbekistan . Hence option c is correct.
Observer States:
Islamic Republic of Afghanistan, the Republic of Belarus, the Islamic Republic of Iran and the
Republic of Mongolia.
Dialogue partners:
Republic of Azerbaijan, the Republic of Armenia, the Kingdom of Cambodia, the Federal Democratic
Republic of Nepal, the Republic of Turkey, and the Democratic Socialist Republic of Sri Lanka. Democratic
Socialist Republic of Sri Lanka.

SCO 2019 Summit –Bishkek


SCO 2020 Summit- India

What is the G7? (FUUCGIJ)


The G7 (or Group of Seven) is an organisation made up of the world's seven largest so-
called advanced economies: Canada, France, Germany, Italy, Japan, the United Kingdom
and the United [Link] group regards itself as "a community of values", with
freedom and human rights, democracy and the rule of law, and prosperity and
sustainable development as its key principles.

 40 % of global GDP
 1/10 th world population
 2014 Russia was suspended for annexing Crimea

"D10" club-Club of democratic partners, including G7 countries — UK, US, Italy,


Germany, France, Japan and Canada — plus Australia, South Korea and India will aim to
create alternative suppliers of 5G equipment and other technologies to avoid relying on
China

SAARC- South asian association of regional coopertaion (MBBS PAIN)


Maldves,Bangladesh,Bhutan,Srinlanka,Pakistan,Afganistan,India,Nepal
G11= G7+India, Australia, south korea, Russia (IARS)

G20:-
The G20 is an annual meeting of leaders from the countries with the largest and fastest-
growing economies. Its members account for 85% of the world’s GDP, and two-thirds of its
population.
The G20 Summit is formally known as the “Summit on Financial Markets and the World
Economy”.
Full membership of the G20:
Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan,
Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, the United Kingdom, the
United States and the European Union.
What is G20+?
The G20 developing nations, also called G21/G23/G20+ is a bloc of developing nations
which was established on August 20, 2003. It is distinct from the G20 major economies.

The G20+ originated in September 2003 at the 5th ministerial conference of the WTO
held at Cancun, Mexico.

1. Its origins can be traced to the


Brasilia Declaration signed by the
foreign ministers of India, Brazil and
South Africa on 6th June 2003.
2. The G20+ is responsible for 60% of
the world population, 26% of the
world’s agricultural exports and 70%
of its farmers.

G7=US,UK,Italy,Japan,Canada,France,Germanhy
G8=+Russia
G20=

SAARC-
SOCIAL JUSTICE =-
CONSTITUTION=

You might also like