Class Notes 4 You

Prisoners who are facing trial in any court and during such trial are kept in judicial custody. NCRB data under trials increased to 69% in 2019 from 67% in 2015, while the capacity of jails increased by 1.7%. In Kartar Singh case 1994 SC held right to speedy trial as a part of fundamental right to life and liberty. Reasons for current state of undertrials Delayed investigation and longer incarceration due to poor quality of investigation and lack of adequately trained staff Unnecessary arrests as per LCI 268th report 60% arrests are not required accounting 42% of jail expenditure Inconsistency in bail system due to exorbitantly high bail amount Poor implementation of laws: mismatch between legal position and actual state of affairs Poverty and illiteracy as majority under trials 28.6% are poor or illiterate or dropped out of school 41% Poor legal aid and representation low access to free legal aid Initiatives by government Fast Track Courts to reduce judicial burden and ensure speedy j...

Global Protests Global Protest Tracker reveals that, despite the seemingly unfavorable conditions for protests, mass demonstrations have begun to return at a notable rate and scale in the past months United States , protested the killing of Black Americans like George Floyd and Breonna Taylor by police officers. Colombia , Protests since November 2019 against proposed economic and political reforms Pakistan , opposition parties come together in public discontent Carnegie Endowment for International Peace has tracked anti-government protests worldwide since 2017. In that time, more than 100 significant anti-government protests have been erupted worldwide, leading to fall of 30 government or leaders Reasons for rise in global protests Socioeconomic issue: tax hikes in Greece, austerity policies in the United Kingdom, indigenous rights in Chile, subsidy cuts in Nigeria, wage issues in South Africa, the cost of living and housing prices in Israel, and gender-based violence in India. Corru...

Supreme Court annulled part of the 97th Amendment Act and Part IX B of the Constitution which governs the “Cooperative Societies” in the country. Cooperatives’ is a ‘State’ subject . However, 97th Amendment Act was passed by the Parliament without getting them ratified by State legislatures as required by the Constitution. The Court declared that Part IXB of the Constitution is operative only insofar as it concerns Multi-State cooperative societies both within the various States and in the Union Territories. The SC has held that co-operative societies come under the “exclusive legislative power” of State legislatures. Co-Operatives voluntary association of individuals having common needs, who join hands for attainment of common economic goals and interests. Co-operative societies, Primary Agricultural Credit Societies, Co-operative Banks, etc. help in enhancing social cohesion, financial inclusion and elevate the bargaining power of the poor by organizing them into a group. help in re...

World Bank defines NGOs as not for profit organisation which pursues activities to relive suffering, promote interests of poor, protect the environment, provide basic social services or undertake community development. Need for regulation Check misuse of foreign funds: government has banned 14,500 NGOs registered under FCRA from access to foreign resources Non compliance: less than 10% have complied and more than 90% do not submit balance sheets Hampering development projects: IB report many ngo activities cost 2 to 3 % of India’s gdp. Religious and cultural encroachment: for eg. govt had to bar Compassion International from funding Indian NGOs over allegations of religious conversions FCRA Amendment Act 2021 Central Bureau of Investigation report less than 10% of the 29-lakh registered NGOs across the country file their annual income and expenditure. Intelligence Bureau ( IB) foreign-aided NGOs are actively stalling development projects and impacting GDP growth by 2-3% per annum. The...

Recently, the Supreme Court asked the government to clarify on the status of 55 recommendations made by the Collegium for judicial appointments to various High Courts. System of Judges appointment in India Constitutional mandate: Article 124 President shall make SC Judges appointments after consulting with the Chief Justice of India (CJI) and other SC and HC judges as he considers necessary. While for HC judges appointment President (under Article 217) should consult the CJI, Governor, and Chief Justice of the High Court concerned. Collegium system: committee of the Chief Justice of India, four senior judges of theSupreme Court and three members of a high court (in case of appointments in the said high courts) take decisions related to appointments and transfer of judges in the Supreme Court and High Courts. The three judge cases have come from 1981 to 1998 which sets the collegium system for appointing judges. Significance/Need of transparency in judicial appointment Enhancing the I...