1 – About the Anti Defection Law:GS II

Topic à Parliament related issues

·       What is the anti-defection law?

·       Specific MPs and MLAs who switch parties are subject to penalties under the anti-defection act.

·       It was added by Parliament to the Constitution’s Tenth Schedule in 1985. Its objective was to maintain political stability by discouraging MPs from switching parties.

·       The Tenth Schedule, also known as the Anti-Defection Act, was incorporated into the Constitution through the 52nd Amendment Act of 1985.

·       It spells out the conditions under which elected officials are ineligible to serve if they switch political parties.

·       This response was brought on by the state administrations being overthrown by party-hopping MLAs following the 1967 general elections.

·       However, it does allow a group of MPs or MLAs to join (or join forces with) a different political party without running the risk of paying a defection penalty. Political parties are also not penalised if they support or oppose rebellious lawmakers.

·       The 1985 Act defined a “merger” as the “defection” of one-third of an elected political party’s members:

·       The 91st Constitutional Amendment Act of 2003 changed this, and today, at least two-thirds of the members of a party must support a “merger” in order for it to be regarded as lawful.

·       The members of Congress who are ineligible to serve in the House may compete for office in elections under any political banner.

·       Decisions regarding defection-related disqualification are requested from the Chairman or Speaker of that House, and those requests are then subject to “Judicial review.

·       However, the law does not specify a timeframe by which the presiding officer must decide whether to take action in a defection case.

·       The following are the grounds for disqualification:

·       If an elected MP or MLA willingly renounces their political party membership.

·       If he votes or abstains from voting in that House against the wishes of his political party or another person in a position of authority without first obtaining permission,

·       In order for him to be disqualified, his failure to cast a ballot must not have been allowed by his party or the designated person within 15 days of the incident.

·       If a person who was elected without the aid of a party chooses to do so.

·       If any nominee changes their party affiliation after the first six months have ended.

·       What issues does the law against defection cause?

·       Undermining Representative and Parliamentary Democracy:

·       The MP or MLA is obligated to vote in accordance with the party platform and is not permitted to do otherwise following the passage of the Anti-defection statute.

·       Due to the Anti-Defection statute, which only holds MPs accountable to their political party, the chain of accountability has been broken.

·       Role of the Speaker in Controversy:

·       The statute does not specifically stipulate when the House Chairperson or Speaker must make a decision in anti-defection cases.

·       Legal cases might last anywhere from three to six months. Some matters are settled after the time has passed.

·       There is no mention of the split:

·       The anti-defection statute now has an exception for anti-defection judgments thanks to the 91st amendment.

·       The amendment, however, recognises a “merger” inside a legislature party as opposed to a “split.”

·       Voting mandates being broken:

·       Legislators are said to be disregarding their people’ wishes by defecting when they are elected on the platform of one party but then decide it would be more convenient to transfer to another party due to the temptation of cabinet positions or financial benefits.

·       Effects on Regular Government Operations:

·       In the 1960s, the infamous “Aaya Ram, Gaya Ram” slogan was developed in reaction to the ongoing defections of lawmakers.

·       The defection disrupts the political system and has an effect on the executive branch.

·       Defection promotes legislator horse trading, which is manifestly contrary to the democratic system’s ideals.

·       While wholesale desertion is allowed, retail defection is not. The gaps must be filled, thus modifications are required.

·       He voiced concern that even though a politician might switch parties, they shouldn’t be given a job in the new one.

·       What different recommendations exist in regards to the Anti-defection Law?

·       It has been suggested by the Election Commission that it be the body that decides whether to allow defections.

·       Some have argued that the President and the Governors should hear applications for defection.

·       The Supreme Court has advised Parliament to create an impartial panel headed by a retired judge from the higher judiciary in order to swiftly and fairly decide defection cases.

·       The law has been deemed unsuccessful by some commentators, who have called for its repeal. Hamid Ansari, a former vice president, claims that it only pertains to preserving governments during motions of no-confidence.

·       Way Forward:

·       The issue is brought about by the attempt to use the legal system to handle what is really a political matter.

·       If party defections threaten the stability of the administration, parties should strengthen their internal processes.

·       In India, political party regulatory legislation is desperately needed. Such a measure should encourage party democracy within parties, bring political parties under RTI, etc.

·       To preserve representative democracy from the negative impacts of the law, the application of the anti-defection law can be restricted to only those laws where a loss of trust in the government may ensue.

Source à The Indian Express

2 – Details of the MGNREGA:GS II

Topic à Government Policies and Interventions

·       About:

·       The programme was created as a type of social intervention to protect “the right to work.” In order to improve the standard of living for people who live in rural India, the local government would be required to contractually give at least 100 days of paid employment.

·       Important goals:

·       For every volunteer for unskilled labour, at least 100 days of paid rural employment must be produced.

·       aggressively promoting social inclusion by enhancing impoverished rural communities’ income streams.

·       construction of long-lasting infrastructure in rural areas, such as roads, canals, ponds, and wells.

·       lessen the quantity of rural-to-urban migration.

·       Utilize rural labour that hasn’t been utilised to build infrastructure.

·       Applicants must meet the criteria given below in order to be eligible for benefits under the MGNREGA programme:

·       An Indian citizen who wants to apply for NREGA benefits must be at least 18 years old.

·       The applicant must reside locally (i.e. application must be made with local Gram Panchayat).

·       The applicant must be willing to engage in manual labour.

·       Important details of the plan:

·       In collaboration with state governments, the Indian Ministry of Rural Development (MRD) is in responsibility of overseeing the full implementation of this initiative.

·       Members of Scheduled Castes and Scheduled Tribes, small- or marginal-farmers, people who have benefited from land reforms, or those who have benefited from the Indira Awaas Yojana of the Government of India may submit individual beneficiary-oriented works for consideration.

·       The applicant will receive a paid job offer within 15 days after submitting their application, or on the first day that labour is required.

·       The applicant is entitled to unemployment benefits if no employment is obtained within fifteen days after making an application or from the date work is sought after.

·       Forcing social audits for MGNREGA programmes fosters accountability and transparency.

·       The primary forum for wage labourers to express their concerns and make requests is the Gram Sabha.

·       The list of MGNREGA projects is approved by the Gram Sabha and Gram Panchayat, who also determine the projects’ priority.

·       What does the Gram Sabha do?

·       It establishes the relative importance of each work during Gram Sabha meetings while taking into account the potential and resources of the neighbourhood.

·       Observe the progression of the work being done in the GP.

·       State government obligations under MGNREGA:

·       Create and publicise the State’s Rural Employment Guarantee Scheme. This is one of the obligations Section 32 of the Act places on the State.

·       make the State Employment Guarantee Council operational (SEGC).

·       Establish a state-level mission or agency with the necessary staff to administer MGNREGA.

·       Establish an MGNREGA social audit agency or directorate at the state level with a sufficient number of individuals who are familiar with the guidelines of the programme and have shown a commitment to social audit.

·       A State Employment Guarantee Fund must be established and run (SEGF).

Source à The PIB

3 – About the Prevention of Money Laundering Act:GS III

Topic à Internal Security of India

·       Money Laundering: What Is It?

·       Money laundering is the process of making funds obtained through unlawful activity—such as supporting terrorism or dealing in illegal substances—appear to have come from a legitimate source. Thanks to the cleaning procedure, the stolen money seems “clean.”

·       The Prevention of Money Laundering Act’s primary objectives are:

·       It was implemented in response to India’s adherence to the Vienna Convention and additional global initiatives to combat the problem of money laundering

·       The PMLA was passed in 2002 and came into force in 2005 with the goals of preventing money laundering (the conversion of illegal monies into legal ones) and making it possible to seize assets obtained through money-laundering.

·       The PMLA’s three primary goals are:

·       To stop and regulate money laundering.

·       The seizure and forfeiture of any assets obtained by money laundering is required.

·       help tackle any additional issues related to money laundering in India.

·       Disputation resolution:

·       The federal government selects the adjudicating authority. It determines whether the confiscated or attached property is being used for money laundering.

·       Instead of being constrained by the method outlined by the Code of Civil Procedure, 1908, the Adjudicating Authority will be subject to the other provisions of the PMLA and governed by natural justice principles.

·       Appellate Tribunal: The government may convene an appellate tribunal to hear appeals against decisions made by the adjudicating authority. The appropriate High Court will hear appeals of the tribunal’s decisions.

·       The Prevention of Money Laundering Act of 2002 grants the Union government the authority to establish a special court (PMLA).

·       The PMLA (Amendment) Act 2012:

·       introduces the idea of a “reporting entity,” which could be a bank, broker, or another financial institution.

·       The maximum penalties of Rs. 5 lakh that were imposed under the PMLA of 2002 were eliminated by the amending act.

·       Property belonging to anyone engaging in such actions is temporarily taken and attached.

Source à The Economic Times

4 – Details of the Enforcement Directorate:GS II

Topic à Statutory and Non-Statutory Bodies

·       Information about the Enforcement Directorate:

·       It is a multidisciplinary organisation tasked with upholding the provisions of the Foreign Exchange Management Act of 1999 (FEMA), a special fiscal law, and the Prevention of Money Laundering Act of 2002. (PMLA).

·       Historical context:

·       In accordance with the Foreign Exchange Regulation Act of 1947 (FERA ’47), the Department of Economic Affairs originally established this Directorate on May 1st, 1956, when it established a “Enforcement Unit” to deal with Exchange Control Law infractions.

·       The organization’s name was modified to “Enforcement Directorate” in 1957. Up until 1960, the Department of Economic Affairs was in charge of running the Directorate; after that, the Department of Revenue took control.

·       The Directorate also continued to be administered by the Department of Personnel & Administrative Reforms for a brief period of four years (1973–1977).

·       The enforcement of two statutes is the responsibility of the Enforcement Directorate:

·       FEMA, a civil law with quasi-judicial authority, is in charge of looking into alleged violations of the Exchange Control Laws and Regulations and has the authority to punish violators.

·       A criminal law known as the Money Laundering Control Act (PMLA) gives officers the authority to conduct investigations in order to find, temporarily attach, or seize assets obtained as a result of Schedules Offenses as well as to apprehend and punish Money Launderers.

·       Composition:

·       The Directorate deputises officers from a number of investigating organisations, including Customs & Central Excise, Income Tax, and Police, in addition to hiring employees directly.

·       Other information:

·       processing cases of fugitives from India in accordance with the 2018 Fugitive Economic Offenders Act.

·       Encourage the 1974 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act violations that result in preventative detention (COFEPOSA).

·       Special courts:

·       The Central Government appoints one or more Sessions Courts as Special Courts to hear cases containing crimes punishable by Section 4 of the PMLA (in collaboration with the Chief Justice of the High Court).

·       PMLA Court is another name for the court.

·       In response to a decision of the PMLA court, a direct appeal may be made to the High Court for that area.

Source à The Hindu