IASBA BA'S

RAPID REVISION (RaRe)

SERIES - UPSC 2021
RaRe Notes
DAY 15 - POLITY

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Topics Coverage:

101. New rules for administration notified in the UT of J&K

102. Difference between 5th and 6th Schedules
103. Autonomous district councils (ADCs) and Rengma tribe
104. Constitutional provisions dealing with Languages and Munshi-Ayyangar formula
105. Unlawful Activities (Prevention) Act
106. Unlawful Activities (Prevention) Amendment Act, 2019
107. Right to Protest and International Covenant on Civil and Political Rights (ICCPR)
108. Sedition
109. National Security Act
110. Section 16 in the Citizenship Act, 1955

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Topic 101: New rules for administration notified in the Union Territory of J&K
Key points:
Centre has issued new rules under the Jammu and Kashmir Reorganisation Act, 2019.
According to the new rules –
1. Police, All-India services and anti-corruption bureau will be under the direct control of the Lieutenant
Governor (LG)
2. Any matter which may affect the peace and tranquility of the UT or the interest of any minority
community, the SCs/STs and BCs – will be submitted to the lieutenant governor through the chief
secretary, under intimation to the chief minister, before issuing any orders
3. Council of ministers headed by the chief minister will decide upon service matters of non-All India
Services officers, proposals to impose new taxes, land revenue, sale, grant or lease of government
properties, reconstituting departments or offices and draft laws.
4. In case of a difference of opinion between the council of ministers and the lieutenant governor,
where no resolution is found for a month, it is the lieutenant governor’s decision that will be deemed
to be final.
5. There will be 39 departments in the government of the Union Territory.
6. All communications received from the Centre, including those from the prime minister and other
ministers, shall be submitted to the chief secretary, the minister in charge of the matter under
consideration, the chief minister and the lieutenant governor.
7. Any matter, which is likely to bring the government of the UT into a controversy with the Centre or a
state government, shall, as soon as possible, be brought to the notice of the LG and the chief minister
by the secretary concerned through the chief secretary.

Topic 102: Difference between 5th and 6th Schedules

Why in news?
• Leaders in Leh are demanding the constitutional safeguards under Sixth Schedule for the Union
Territory of Ladakh.
• Arunachal Pradesh Assembly has passed a resolution to bring the state under the ambit of Sixth
Schedule of the Constitution.

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Schedule V Schedule VI
Area (Scheduled Area) Assam Meghalaya Mizoram Tripura
covered North Khasi Hills, Chakma, Tribal
Notified districts or parts Cachar Areas in
thereof in 10 States: Hills, Jaintiya Mara and Tripura
Hills and
1. Himachal Pradesh, Karbi Lai
2. Rajasthan, Anglong Garo Hills districts
3. Gujarat, and
4. Maharashtra,
5. Andhra Pradesh, the
6. Telangana, Bodoland
7. Odisha, Territorial
8. Jharkhand, Area
9. Chhattisgarh and
10. Madhya Pradesh There is a separate regional council for each
autonomous district.

Constitution Article 244 Article 244A

Article
Under this article, an area of Formation of an autonomous State comprising
India, can be declared by the certain tribal areas in Assam and creation of local
President as schedule areas legislature or Council of Ministers or both,
therefore.
It deals with provision for
the constitution of a Tribes It deals with provision for the constitution of
Advisory Council Autonomous District (under the executive
authority of the state concerned).

Functions of The Governor has the power The power to organise and reorganise the tribal
President/ to adapt laws passed by areas as autonomous districts lie with the
Governor Parliament and State governor of the state. He can also alter the name,
legislature in such a way that boundary of such tribal areas.
it suits these areas.
One autonomous district can have different
He enjoys the power to tribes, which for better administration is divided
modify, annul or limit the into autonomous regions by the governor.
application of any law made
by Parliament or State The central and state acts do not apply to these
legislature in the areas autonomous and regional councils (unless

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designated as Schedule modified and accepted.)

Areas.

(The power to decide

whether any central or state
legislation implies over the
state having scheduled
areas, lies in the hands of
the Governor.)

It provides Governor with

the power to make
regulation for good
governance and peace for
the area.

Governor can also repeal or

amend any regulations w.r.t
to the state having
scheduled areas but only
with the assent of the
President of India

With the consultation of the

governor of the state, the
President can alter, add,
diminish the boundary of a
Scheduled Area

Topic 103: Autonomous district councils (ADCs) and Rengma tribe

Why in news?
• Rengma Nagas in Assam are demanding an autonomous district council amid a decision by the
Central and the State governments to upgrade the Karbi Anglong Autonomous Council (KAAC) into a
territorial council.
• Rengma is a Naga tribe found in Nagaland and Assam.

About Autonomous district councils (ADCs)

• The Sixth schedule of the Constitution protects tribal populations and provides autonomy to the
communities through creation of autonomous development councils that can frame laws on land,
public health, agriculture and others.

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• As of now, 10 autonomous councils exist in Assam, Meghalaya, Tripura and Mizoram. The specified
tribal areas are the North Cachar Hills, Karbi Anglong and the Bodoland Territorial Area in Assam.
• ADC is a corporate body representing the district within a state to which the Constitution has given
varying degrees of autonomy within the state legislature.
• The ADCs are empowered with civil and judicial powers. They can also make laws on matters like
land, forests, fisheries, social security, appointment of chief/headman, social customs etc. with due
approval from the governor.
• Councils under the Sixth Schedule have been given more power than the local governments under
the 73rd (Panchayati System) and 74th (Municipalities) Amendments in the rest of the country.

Topic 104: Constitutional provisions dealing with Languages and Munshi-Ayyangar formula
Constitutional Description
provisions
Eighth Schedule • The Eighth Schedule to the Constitution of India lists the official
languages of the Republic of India.
• As per Articles 344(1) and 351 of the Indian Constitution, the eighth
schedule includes the recognition of the following 22 languages.
• It was intended to promote the progressing use of Hindi and for the
enrichment and promotion of that language
Article 343 • At present, official language of the Union is both English and Hindi
(Part XVII) with Devanagari script
Article 344 • Constitution also provides for the monitoring of the progressive use
of the Hindi Language
• For this, a commission has been appointed by the government every
5 and 10 years respectively
• To examine these recommendations a parliamentary committee is
constituted that submits its report to the President.
Article 351 • It is duty of the Union to promote the spread of the Hindi language to
develop it so that it may serve as a medium of expression
Munshi-Ayyangar • According to this formula, English was to continue as the official
formula language of India along with Hindi for a period of fifteen years but the
limit was elastic and the power of extension was given to the
Parliament.

Topic 105: Unlawful Activities (Prevention) Act

Why in news?
• Ministry of Home Affairs (MHA) data provided that there has been a 72% increase in the number of
arrests made under the draconian Unlawful Activities (Prevention) Act (UAPA) in 2019 in relation to those
made in 2015

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According to the data, in 2019 –

Highest number of cases were registered 1. Manipur (306)
under the UAPA in 2. Tamil Nadu (270)
3. Jammu and Kashmir (255)
4. Jharkhand (105) and
5. Assam (87)

Highest number of arrests made under the 1. Uttar Pradesh (498)

UAPA in 2. Manipur (386)
3. Tamil Nadu (308)
4. Jammu and Kashmir (227) and
5. Jharkhand (202)

About Unlawful Activities (Prevention) Act (UAPA)

Key points:
1. UAPA was passed in 1967.
2. It aims at effective prevention of unlawful activities associations in India.
3. The Act assigns absolute power to the central government. If the Centre deems an activity as unlawful
then it may declare it so.
4. It has death penalty and life imprisonment as highest punishments.
5. Under UAPA, both Indian and foreign nationals can be charged.
6. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign
land, outside India.
7. The 2004 amendment added terrorist act to the list of offences to ban organisations for terrorist
activities, under which 34 outfits were banned.

Topic 106: Unlawful Activities (Prevention) Amendment Act, 2019

In August 2019, Parliament passed The Unlawful Activities (Prevention) Amendment Act, 2019.
Key points:
1. The Parliament made number of changes and the primary change though was the addition of Fourth
Schedule and designates individuals as terrorists if the individual commits or participates in acts of
terrorism, prepares for terrorism, promotes terrorism or is otherwise involved in terrorism.
2. The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of
seizure or attachment of property when the case is investigated by the said agency.
3. The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of
terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

Topic 107: Right to Protest and International Covenant on Civil and Political Rights (ICCPR)
In news:

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• The Supreme Court has recently highlighted that Right to Protest is a Fundamental Right, however,
occupying public places for protests is not acceptable and such a space cannot be occupied
indefinitely.
• The right of the protester has to be balanced with the right of the commuter. They have to co-exist
in mutual respect.
• The bench also said that it was entirely the responsibility of the administration to prevent
encroachments in public spaces.

Constitutional Protections available to Right to Protest

1. Article 19(1)(a) → right to free speech and expression
2. Article 19(1)(b) → right to assemble peaceably and without arms
3. Article 19(2) → restrictions on the right to assemble and freedom of speech and expression
4. Article 51A → safeguard public property and to avoid violence during the protests
5. SC on Ramlila Maidan Incident v. Home Secretary, Union of India & Others (2012)

International Covenant on Civil and Political Rights (ICCPR)

1. It is a multilateral treaty adopted by the United Nations General Assembly (UNGA)
2. The ICCPR is monitored by the United Nations Human Rights Committee
3. The covenant commits its parties to respect the civil and political rights of individuals, including the
right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights
to due process and a fair trial
4. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR)
5. It became effective in 1976

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Topic 108: Sedition

Key points:
1. It is defined as the illegal acts done of inciting people against the Government in power.
2. Section 124A IPC defines sedition
3. Sedition is a non-bailable offence
4. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to
which fine may be added.
5. Kedar Nath Singh vs State of Bihar case - the SC decided on the constitutionality of Section 124A
6. The law was originally drafted by Thomas Macaulay.

Topic 109: National Security Act

Key points:

1. Under the NSA, a person is taken into custody to prevent him or her from acting in any manner
prejudicial to “the security of the state” or for “maintenance of the public order.”
2. It is an administrative order passed either by the Divisional Commissioner or the District Magistrate
— and not detention ordered by police based on specific allegations or for a specific violation of the
law.
3. Even if a person is in police custody, the DM can slap NSA against him.
4. Or, if a person has been granted bail by a trial court, he can be immediately detained under the NSA.
5. If the person has been acquitted by the court, the same person can be detained under the NSA.
6. The law also takes away an individual’s constitutional right to be produced before the magistrate
within 24 hours as is the case when the accused is in police custody; the detained person also does
not have the right to move a bail application before a criminal court.
7. Also, the DM who passed the detention order is protected under the Act: no prosecution or any legal
proceeding can be initiated against the official who carried out the orders.
8. Therefore, the writ of Habeas Corpus is the only protection guaranteed under the Constitution
against the unchecked state power of taking people into custody under the NSA.
9. One crucial procedural safeguard under the NSA is granted under Article 22(5), where all the detained
persons have the right to make an effective representation before an independent advisory board,
which consists of three members; and the board is chaired by a member who is, or has been, a judge
of a High Court.

Topic 110: Section 16 in the Citizenship Act, 1955

News: Centre granted powers under existing rules to District Collectors in 13 districts of Gujarat,
Chhattisgarh, Rajasthan, Haryana and Punjab to accept, verify and approve citizenship applications from
members of minority communities hailing from Pakistan, Afghanistan and Bangladesh.

The Citizenship (Amendment) Act (CAA) passed in 2019 seeks to grant Indian citizenship to six

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undocumented communities that came to India till December 31, 2014.

Key points:

1. Citizenship is a Central subject and the Home Ministry periodically delegates powers to States
through gazette notification under Section 16 of the Citizenship Act, 1955.
2. The Central Government may, by order, direct that any power which is conferred on it can be
exercisable also by such officer or authority as may be so specified.
3. Indian citizenship can be acquired on eight grounds – based on registration made by a person of
Indian origin, by a person married to an Indian, minor child, whose parents are registered as citizens
of India, by a person whose either parent was a citizen of Independent India, overseas citizens of
India, by naturalisation and registration of a child at an Indian consulate.

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