1. J&K is not the only state which has special provisions ... · Intro Part XXI of the Indian Constitution, ‘Temporary, Transitional and Special Provisions’, includes, apart from

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SYNOPSIS

Intro

Part XXI of the Indian Constitution, ‘Temporary, Transitional and Special

Provisions’, includes, apart from Article 370 Temporary Provisions with

respect to the State of Jammu and Kashmir special provisions for 11 other

states, listed under Articles 371, 371A-H, and 371J.

Art 371I deals with Goa, but does not include any provision that can be

termed ‘special

Body

Difference between Articles 370 and 371, and Articles 371A-H and 371J

One important difference between Articles 370 and 371, and Articles

371A-H and 371J, is that

Articles 371A-H and 371J set of provisions were incorporated

into the Constitution by Parliament through amendments under

Art 368 (which lays down the “power of Parliament to amend

the Constitution and procedure therefor”),

Articles 370 and 371 have been part of the Constitution from the

time of its commencement on January 26, 1950.

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1. J&K is not the only state which has special provisions under

Constitution. Elaborate (15 marks)

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Also briefly mention

The V Schedule for Scheduled Areas

As per Article 244(1), the President by order may designate

areas as 'Scheduled Areas' and they will be governed by the

special provisions in the Fifth Schedule. This is to give tribal

population more autonomy and voice in regulation of their

affairs.

The VI Schedule for the North-East According to Article

244 of the Constitution the VI Schedule lays down special

provisions for the protection of the interest and cultural

identities of the hill tribes of North.

o The most important provision of the VI Schedule is

creation of the Autonomous District Councils. While

tribals of some of the North Eastern states have the

Autonomous District Councils, Arunachal Pradesh,

Nagaland and greater part of Mizoram do not have

this. The inner Lines Regulation exist for three

states: i. e., Arunachal Pradesh, Mizoram and

Nagaland, aid North Cachar district of Assam

Conclusion

Despite the existence of special provisions for different areas, there has been

dissatisfaction on their relevance or inefficiency in almost all such regions of the

country where such provisions exist. Some oppose these provisions describing

them to be inadequate, others oppose them as unnecessary and violative of the

minority rights.



SYNOPSIS

Intro

Special Category Status Special Status/Special

provision states

The Special Category States are

a purely administrative category

and not the constitutional ones.

Special status empowers

legislative and political

rights.

The constitution provides

that has to be passed by

2/3rds majority in both the

houses of Parliament special

status through an Act

The states which are backward

in terms of the development of

the infra-structure or which

have. Suffered due to the

national disasters like drought or

flood demand to be Categorised

as the Special Category States.

These provisions ensure the

protection of cultural

identities, customs and

economic and political

interests of the original

inhabitants of these areas.

Special category status is granted

by the National Development

Council, which is an

administrative body of the

government.

As of now special

provisions were provided

for 11 states listed under

Articles 371, 371A-H, and

371J.

Acceptance or rejection of such

demands also depends on the

political factors.

Body

‘The relevance of ‘special category states’

The concept of a special category status was first introduced in

1969 when the fifth Finance Commission sought to provide

certain disadvantaged states with preferential treatment in the

form of central assistance and tax breaks, establishing special

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Q2.What is the difference between Special Category Status and

Special Status? The relevance of ‘special category states’ were

diluted after 14th finance commission recommendation.

Evaluate



development boards, reservation in local government jobs,

educational institutions, etc.

This formula was named after the then Deputy Chairman of the

Planning Commission, Dr Gadgil Mukherjee and is related to the

transfer of assistance to the states by centre under various schemes.

But after the dissolution of the planning commission and the

formation of NITI Aayog the Central plan assistance to SCS

States has been subsumed in an increased devolution of the

divisible pool to all States (from 32% in the 13th FC

recommendations to 42%) and do not any longer appear in

plan expenditure.

The FFC also recommended variables such as “forest cover”

to be included in devolution, with a weightage of 7.5 in the

criteria and which could benefit north eastern States that were

previously given SCS assistance.

Besides, assistance to Centrally Sponsored Schemes for SCS

States was given with 90% Central share and 10% State share

The recommendations of the 14th Finance Commission were

implemented which meant the discontinuation of the Gadgil

formula-based grants.

Even the state of Andhra Pradesh demand for Special category

status was diplomatically tackled by providing Special

package that consists almost similar features like that of

‘SCS’ but Special category status was denied.



SYNOPSIS

Intro

The Central government implemented the mandal commission

recommendations during 1990’s for reservation of other backward classes.

Which created a chaos among various sections of the society.

Therefore, PIL was filed, and resulted in one of the most significant

judgment namely “Indra Sawhney case” also known as Mandal Case

Salient features of Indra Sawhney judgment

It recognized socially and economically backward classes as a

category and recognized the validity of the 27 per cent reservation.

Reservation on economic backwardness alone was not allowed

The concept of ‘creamy layer’ gained currency through this

judgment. Those among the OBCs who had transcended their social

backwardness were to be excluded from the reservation.

It laid down a 50 per cent limit on reservations and observed that

economic, social and educational criteria were needed to define

backward classes.

Reservation for backward classes (which include OBCs and SCs &

STs) should be confined to initial appointments and not extend to

promotions.

Body

How recently passed One Hundred and Third Amendment Act, 2019

compromises Indira Sawhney judgement .

The One Hundred and Third Amendment Act, 2019 provides

reservation of up to 10% for “economically weaker sections” in

educational institutions and public employment that will be in addition to

the existing reservation.

According to Indra Sawhney judgement the total number of

reserved seats/places/positions cannot exceed 50% of what is

available but the 103 amendment act will increase the total

reservation up to 60%.

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Q3.Enumerate the Supreme Court directives laid out in Indira

Sawhney vs. union of India case. Do you agree with the view

that that the recently passed One Hundred and Third

Amendment Act, 2019 compromises Supreme Court directives

laid out in Indira Sawhney judgement. Comment.


http://www.legalservicesindia.com/article/1457/Indra-Sawhney-&-Others-Vs.Union-of-India.html


Similarily,The judgement didn’t allow Reservation on economic

backwardness alone whereas The One Hundred and Third

Amendment Act, 2019 provides for reservation on the basis of

Economic criteria only



SYNOPSIS

Intro

The first amendment was brought by the parliament after the Kamleshwar

case and with the insertion of article 31B along with the 9th schedule for

giving effect to agrarian reforms. The provisions inserted were made to

provide immunity to the laws inserted under them from judicial

encroachment.

Body

In Case of Shankari Prasad: It was contended that excluding judicial

scrutiny for such laws will amount to a violation of Article 13(2).

The Court rejected the petition by stating the parliament under Article 368,

is empowered to amend the fundamental rights also and at such instances

judicial encroachment is impermissible.

In Golaknath case: it was held that the parliament has no power to amend

the fundamental rights including the provisions on personal property. The

parliament aggrieved by the judgement in Golaknath, passed the 24th

amendment in 1971, which empowered it to amend any part of the

Constitution including the fundamental rights.

In its decision in Kesavananda Bharati case: the Apex Court through its

largest constitutional bench of 13 judges stated that “although the

amendments made under Article 368 are Constitutional, the court is

entitled to reject any of them if their nature is such that ‘they may violate

the basic structure of the Indian Constitution.

Waman Rao v. Union Of India: In this important judgement, the Apex

Court ruled that, “those amendments which were made in the constitution

before 24th April 1973 (date on which judgement in Keshavananda

Bharati was delivered) are valid and constitutional but those which were

made after the stated date are open to being challenged on the ground of

constitutionality and the State is only immunized for its acts before the

judgement in Keshavananda Bharati.

In I R Coelho v. State of Tamil Nadu case: The court upheld its

previous rulings and declared that any act can be challenged and is open to

scrutiny by the judiciary if it is not in consonance with the basic structure

of the constitution. In addition, it was held that if the constitutional validity

of any law under the ninth schedule has been upheld before, in future it

cannot be challenged again.

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Q4.Briefly explain the Scope of judicial review with respect to

laws placed under 9th Schedule.



SYNOPSIS

Intro

Micro, Small and Medium Enterprises (MSME) sector has emerged as a

highly vibrant and dynamic sector of the Indian economy over the last five

decades.

MSMEs play a crucial role in providing employment opportunities.

MSMEs are complementary to big industries and contribute greatly to the

socio-economic development of the country.

Body

Significance of MSME’s

With around 36.1 million units throughout the geographical

expanse of the country, MSMEs contribute

o 6.11% of the manufacturing GDP;

o 24.63% of GDP from service activities;

o 33.4% of India’s manufacturing output.

Contributes to one-third of manufacturing output in the country

Nearly one-third of aggregate economy gross value added.

Provide employment to around 120 million persons and

contribute around 45% of the overall exports from India.

Have consistently maintained a growth rate of over 20%.

About 20% of the MSMEs are based out of rural areas, which

indicate the deployment of significant rural workforce in the

MSME sector.

Yet, MSMEs faces certain challenges like,

Inadequate exposure of Indian Industries including Micro, Small

and Medium Enterprises to International market.

Low capital base of MSMEs.

Strong competition from China faced by Indian MSMEs is evident

in high growth of India’s imports from China.

Along with this, MSMEs continue to face challenges of

formalization,

o Access to knowledge services,

o Access to timely and adequate finance,

o Improving competitiveness,

o Availability of skilled man-power,

o Access to latest technology and marketing.

The MSME sector is yet to benefit from the advances in

digitization

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Q5.MSMEs are Key component for India’s $5 trillion economy.

Discuss



Government is implementing various plan schemes/programme to

overcome the challenges on the growth of MSMEs

Other government schemes to boost MSMEs and job creation in the

MSMEs sector:

Prime Minister’s Employment Generation Programme

(PMEGP), Micro and Small Enterprises-Cluster Development

Programme (MSE-CDP),

Scheme for Promotion of MSMEs in North Eastern Region and

Sikkim,

Tool Rooms and Technology Centers,

Mission Solar Charkha (MSC), Scheme of Fund for

Regeneration of Traditional Industries (SFURTI),

Procurement and Marketing Support Scheme, Entrepreneurship

Skill Development Programme (ESDP),

Credit Guarantee Scheme for Micro and Small Enterprises

(MSEs)

Credit Linked Capital Subsidy and Technology Up gradation

Scheme (CLCS-TUS).

Conclusion

To reach the $5 trillion economy, MSMEs have to lay a much

bigger role, in employment generation, in exports, in skilling people

and in making the sector more formalized. So that they start

reaping the benefits of reforms such as GST. This will also pave the

way for easier access to credit flow.



SYNOPSIS

Intro

Data localisation is the act of storing data on any device physically present

within the borders of a country. As of now, most of these data are stored,

in a cloud, outside India.

Body

Need:

The draft data protection law by Srikrishna committee

recommended that the government must enjoy unfettered access to

its citizens’ or residents’ data for use in domestic policy-making.

The main intent behind data localisation is to protect the personal

and financial information of the country’s citizens and residents

from foreign surveillance and give local governments and

regulators the jurisdiction to call for the data when required.

Its importance to India’s security.

Aid’s Investigation: Storing of data locally is expected to help

law-enforcement agencies to access information that is needed

for the detection of a crime or to gather evidence. Where data is

not localised, the agencies need to rely on mutual legal

assistance treaties (MLATs) to obtain access, delaying

investigations.

Job creation: Has the potential to create domestic jobs and

skills in data storage and analytics too, as the Srikrishna report

had pointed out.

Threat of foreign surveillance: it will stop the unregulated and

arbitrary use of personal data by other foreign nationals.

Example: Revelations of social media giant Facebook sharing

user data with Cambridge Analytica.

Source for Revenue: Data should be considered to be a

national resource. Just like the inflow and outflow of goods and

services are taxed, the movement of data in and out of the nation

should also be taxed. These additional taxes can then be used by

the government for more social programs.

Respects Data privacy: It is also very beneficial in maintaining

Data privacy and national security. Example: lynching’s across

States was linked to Whatsapp rumour.

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Dimensions Q6.What is Data localization? Discuss its importance to India’s

security.



Way forward

Maintaining multiple local data centres may entail significant

investments in infrastructure and higher costs for global companies

has been the concern of companies such as Paytm, Whatsapp and

Google etc.

India with access to its billion-strong consumer market

needs to push for data localisation








Documents

1. J&K is not the only state which has special provisions ... · Intro Part XXI of the Indian Constitution, ‘Temporary, Transitional and Special Provisions’, includes, apart from