Daily Current Affairs for UPSC CSE
Topics Covered
- Section 11 of RPA
- Two Child Limit
- Nagaland issue
- Facts for Prelims : Global Wealth Report 2019, Col Chewang Rinchen Setu
1 . Section 11 of RPA
Context : The Delhi High Court on Tuesday sought a response from the Centre and the Election Commission (EC) on a petition challenging the poll panel’s decision to reduce the disqualification period of Sikkim Chief Minister Prem Singh Tamang from six years to 13 months. Mr Tamang was convicted in a graft case.
Background
- Tamang was found guilty of misappropriating government funds in a cow distribution scheme while he was Animal Husbandry Minister in the 1990s. The disqualification period began on August 10, 2018 — the day he completed a year’s jail term in the case. It was to end on August 10, 2024
- After becoming chief minister in April, Tamang was required to win an Assembly seat in six months. He had asked the EC for a waiver of his disqualification under Section 11 of The Representation of the People Act, 1951.
- The Election Commission has reduced Sikkim Chief Minister Prem Singh Tamang’s period of disqualification by almost five years, making him eligible to contest elections
About Section 11 of RPA
- Section 11 of the Representation of the People Act, 1951, empowers the EC to remove or reduce the period of disqualification.
Offences under which the Election Commission can debar a candidate from contesting elections.
- Offences relating to religion, untouchability
- Offences against women
- Sub-section (1) or Sub-section (2) of Section 376 or 376A or 376B or 376C or 376D: offences relating to rape
- Section 498A: offence of cruelty towards a woman by husband or relative of a husband
- The Commission of Sati (Prevention) Act, 1987.
- Any provisions of the Dowry Prohibition Act, 1961.
- Offences relating to elections
- Section 171E of IPC: offence of bribery. Section 171F of IPC: offence of undue influence or personation at an election.
- Section 125 of the Representation of the People Act, 1951: offence of promoting enmity between classes in connection with the election.
- Section 135 of the RP Act, 1951: offence of removal of ballot papers from polling stations.
- Section 135A of the RP Act, 1951: offence of booth capturing.
- Clause (a) of Sub-section (2) of Section 136 of the RP Act, 1951: offence of fraudulently defacing or fraudulently destroying any nomination paper.
- Section 10A of RP Act, 1951: Disqualification for failure to lodge account of election expenses.
- Offences relating to terrorism
- Offences concerning unlawful trades
- Offences relating to corruption
- Offences relating to national symbols
- Association with the government
- Section 9A of the RP Act, 1951: Disqualification for Government contracts, etc.
- Section 10 of the RP Act, 1951: Disqualification for office under Government company.
- For all offences which are not mentioned above, a person convicted can be disqualified under Sub-section (3) of Section 8 of the RP Act, which provides that such a disqualification can take place if the person has been sentenced to imprisonment for not less than two years.
2 . Two Child Limit
Context : Following up on the population policy passed in the state assembly two years ago, the Assam Cabinet decided Tuesday that those with more than two children will not be eligible for government jobs from January 2021.
About the Policy
- Two rules have been made. First, those who have a child after two children will not be eligible for a government job after January 1, 2021.
- Second, after January 1, 2021, action can be taken against those in government jobs who have a child after two children. These rules are applicable to permanent government jobs only.
- Twins will be treated as one unit in the second child category.
- Rajasthan, MP and Maharashtra already have a two-child norm in place for government jobs
Reasons
- The Government of Assam recognises that rapid population growth could severely derail progress in reaching our primary goal to achieve a high quality of life for all our population in Assam that is sustainable with available resources
Other states with similar norms
- Rajasthan: For government jobs, candidates who have more than two children are not eligible for appointment. The Rajasthan Panchayati Raj Act 1994 says that if a person has more than two children, he will be disqualified from contesting election as a panch or a member.
- Madhya Pradesh: The state follows the two-child norm since 2001. Under Madhya Pradesh Civil Services (General Condition of Services) Rules, if the third child was born on or after January 26, 2001, one becomes ineligible for government service. The rule also applies to higher judicial services.
- Telangana and Andhra Pradesh: Under Section 19 (3) read with Sections 156 (2) and 184 (2) of Telangana Panchayat Raj Act, 1994, a person with more than two children shall be disqualified from contesting election. However, if a person had more than two children before May 30, 1994, he or she will not be disqualified. The same sections in the Andhra Pradesh Panchayat Raj Act, 1994, apply to Andhra Pradesh, where a person having more than two children shall be disqualified from contesting election.
- Gujarat: In 2005, the government amended the Gujarat Local Authorities Act. The amendment disqualifies anyone with more than two children from contesting elections for bodies of local self-governance — panchayats, municipalities and municipal corporations.
- Maharashtra: The Maharashtra Zilla Parishads And Panchayat Samitis Act disqualifies people who have more than two children from contesting local body elections (gram panchayats to municipal corporations). The Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 states that a person having more than two children is disqualified from holding a post in the state government. Women with more than two children are also not allowed to benefit from the Public Distribution System
- Uttarakhand: The state government had decided to bar people with more than two children from contesting panchayat elections and had passed a Bill in Vidhan Sabha in this regard. But the decision was challenged in the High Court by those preparing for village pradhan and gram panchayat ward member elections, and they got relief from the court. Hence, the condition of two-child norm was applied to only those who contested the elections of zila panchayat and blocks development committee membership.
- Karnataka: The Karnataka (Gram Swaraj and Panchayat Raj) Act, 1993 does not bar individuals with more than two children from contesting elections to local bodies like the gram panchayat. The law, however, says that a person is ineligible to contest “if he does not have a sanitary latrine for the use of the members of his family”.
- Odisha: The Odisha Zilla Parishad Act bars those individuals with more than two children from contesting.
3 . Nagaland issue
Background
- The British annexed Assam in 1826, and in 1881, the Naga Hills too became part of British India.
- The first sign of Naga resistance was seen in the formation of the Naga Club in 1918, which told the Simon Commission in 1929 “to leave us alone to determine for ourselves as in ancient times”.
- In 1946 came the Naga National Council (NNC), which, under the leadership of Angami Zapu Phizo, declared Nagaland an independent state on August 14, 1947.
- The NNC resolved to establish a “sovereign Naga state” and conducted a “referendum” in 1951, in which “99 per cent” supported an “independent” Nagaland.
Armed movement
- On March 22, 1952, Phizo formed the underground Naga Federal Government (NFG) and the Naga Federal Army (NFA). The Government of India sent in the Army to crush the insurgency and, in 1958, enacted the Armed Forces (Special Powers) Act.
Peace efforts
- On June 29, 1947, Assam Governor Sir Akbar Hyderi signed a 9-point agreement with moderates T Sakhrie and Aliba Imti, which was almost immediately rejected by Phizo.
- The Naga Hills, a district of Assam, was upgraded to a state in 1963, by also adding the Tuensang Tract that was then part of NEFA.
- In April the next year, Jai Prakash Narain, Assam Chief Minister Bimala Prasad Chaliha and Rev. Michael Scott formed a Peace Mission, and got the government and NNC to sign an agreement to suspend operations that September.
- But the NNC/NFG/NFA continued to indulge in violence, and after six rounds of talks, the Peace Mission was abandoned in 1967, and a massive counter-insurgency operation launched.
NSCN
- On November 11, 1975, the government got a section of NNC leaders to sign the Shillong Accord, under which this section of NNC and NFG agreed to give up arms.
- A group of about 140 members led by Thuingaleng Muivah, who were at that time in China, refused to accept the Shillong Accord, and formed the National Socialist Council of Nagaland in 1980. Muivah also had Isak Chisi Swu and S S Khaplang with him.
- In 1988, the NSCN split into NSCN (IM) and NSCN (K) after a violent clash. While the NNC began to fade away, and Phizo died in London in 1991, the NSCN (IM) came to be seen as the “mother of all insurgencies” in the region.
What did the NSCN (IM) want?
- A “Greater Nagalim” comprising “all contiguous Naga-inhabited areas”, along with Nagaland. That included several districts of Assam, Arunachal and Manipur, as also a large tract of Myanmar.
- The map of “Greater Nagalim” has about 1,20,000 sq km, while the state of Nagaland consists of 16,527 sq km.
- The claims have always kept Assam, Manipur and Arunachal Pradesh wary of a peace settlement that might affect their territories.
- The Nagaland Assembly has endorsed the ‘Greater Nagalim’ demand — “Integration of all Naga-inhabited contiguous areas under one administrative umbrella” — as many as five times: in December 1964, August 1970, September 1994, December 2003 and as recently as on July 27, 2015.
When did NSCN (IM) join peace talks?
- The Government of India signed a ceasefire agreement with NSCN (IM) on July 25, 1997, which came into effect on August 1, 1997. Over 80 rounds of talks between the two sides were held subsequently.
- In 2015 with NSCN-IM, Centre signed a framework agreement(draft) on August 3, 2015
About the final Peace accord
- The signing of a draft treaty between the Government of India (GoI) and the National Socialist Council of Nagaland (Isak-Muivah) in 2015 has created a fresh possibility to bring to an end the oldest insurgency in India.
- It was signed in the presence of both the prime minister and the home minister and the top NSCN (IM) leaders led by its general secretary Thuingaleng Muivah.
- The draft treaty is defined as a “framework of agreement” that includes the broad parameters under which a final accord would be written and signed
4 . Facts for Prelims
Global Wealth Report 2019
- Global wealth report is published by the Credit Suisse Research Institute
- According to the 2019 report total wealth in India increased fourfold between 2000 and 2019, reaching $12.6 trillion in 2019, making India the fifth globally in terms of the number of ultra-high net-worth individuals
Col Chewang Rinchen Setu
- Col Chewang Rinchen Setu is India’s highest altitude all-weather permanent bridge.
- Located in eastern Ladakh at nearly 45 km from the country’s border with China.
- It is built on Shyok River.
- The bridge is located on the 255-km Darbuk-Shayok-Daulat Beg Oldie (DSDBO) section of the road between Leh and Karakoram Pass.
- The bridge is between Karakoram and Chang Chenmo ranges.