Biological Diversity (Amendment) Bill 2021

Recently, the Biological Diversity (Amendment) Bill, 2021 was introduced by the government.

The amendments seeks to facilitate access to biological resources and traditional knowledge by the Indian traditional medicine sector.

Key Amendments

Exempting AYUSH Practitioners: It exempts Ayush practitioners from intimating biodiversity boards for accessing biological resources or knowledge (Vaids and Hakims).
Research Promotion: Facilitates fast-tracking of research, simplify the patent application process.
Decriminalization: It seeks to decriminalise certain provisions in the chain of biological resources.
Foreign Investments: Seeks to bring more foreign investments in biological resources, research, patent and commercial utilisation, without compromising the national interest

Impact

It will help promoting the cultivation of medicinal plants and ancient Indian medicine by exempting Indians cultivating medicinal plants and manufacturing products using codified traditional knowledge from payment of Access and benefit sharing.

22nd Law Commission of India

On 7^th November 2022, the Union Govt. has constituted the 22nd Law Commission of India.

Composition

Chairman: Justice (retd.) Rituraj Awasthi, former Chief Justice of Karnataka High Court, will head the Law Commission of India.
Members (5): Justice KT Sankaran, Prof. Anand Paliwal, Prof. DP Verma, Prof.(Dr) Raka Arya and Shri M. Karunanithi

Mandate

The Commission shall, among other things, “identify laws which are no longer needed or relevant and can be immediately repealed; examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution”; and “revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities”.

Tenure

An official release at the time of Cabinet clearance had said the Commission would have a tenure of three years from the date of publication of the Order of Constitution in the Official Gazette.

About Law Commission of India

The Law Ministry describes the Law Commission of India as an executive body that is constituted by a notification of the Government of India, with definite terms of reference to carry out research in the field of law.
The Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

Brief History of the Commission

Pre-Independence

The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833, and was presided by Lord Macaulay.
After that, three more Commissions were established in pre-independent India.

After Independence

The first Law Commission of independent India was established in 1955.
The Chairman of this commission was Mr. M. C. Setalvad, who was also the First Attorney General of India.
The last chairman of the Law Commission (21^st) was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.

Electricity (Amendment) Bill, 2022

The Electricity (Amendment) Bill 2022 was introduced in the Parliament on 8^th August, 2022.

However, the Bill was later sent to the standing committee for further deliberation.

Background

The Electricity Act was passed by the Indian Parliament in 2003.
It covers issues related to the generation, distribution, transmission, and trading of power in the country.

Aim

It aims to bring reforms in India’s power sector. It proposes certain amendments to the Electricity Act, 2003.
It seeks to delicense the power distribution and allow private sector companies to enter the sector and compete with state-owned firms.

Key Specifications of the Bill

Choice Options: The bill proposes a framework to allow consumers to choose between different service providers.
Electricity Contract Enforcement Authority:It provides for the formation of the Electricity Contract Enforcement Authority (ECEA), which will deal with contract-related disputes in the electricity sector.
Renewable Energy Sources: It requires all licensees to purchase or produce a minimum specified quantity from renewable energy sources as a percentage of their total electricity consumption.
Selection Committee: A selection committee would be constituted to appoint the chairperson and members of the Appellate Tribunal (APTEL), the central and state regulatory commissions (CERC, SERCs) and the ECEA, according to the bill.
Graded Revision in Tariff It also seeks to amend section 62 of the Act to make provisions vis-à-vis graded revision in tariff over a year besides mandatory fixing of maximum ceiling and minimum tariff by the appropriate commission. It provides for amending section 166 to strengthen the functions that will be discharged by the regulators.
Penalties:It proposes penalties in case of non-compliance by licensees in meeting the obligations.

Opposition of the Bill

The bill faces criticism that it would dilute the power of the states and shift it to the Centre and its agencies.
Critics further say the bill allows private players an easy entry into the electricity sector, thus granting them an undue advantage.
Farmers have expressed concerns that the government may move away from giving them subsidised power or shift to a new system where they would be required to pay first and claim the subsidy later.

National Conference on Localisation of Sustainable Development Goals

The Vice President of India recently inaugurated National Stakeholders Conference on Localization of Sustainable Development Goals organized by the Ministry of Panchayati Raj.

The Ministry is organising the Iconic Week from 11th April to 17th April, 2022, to commemorate Azadi Ka Amrit Mahotsav (AKAM) as a Jan-Utsav in the spirit of Jan-Bhagidari.
The theme of Iconic Week is “Panchayaton ke Navnirman ka Sankalpotsav”.
The Vice President released the Logo of Localisation of Sustainable Development Goals and Compendium of Joint Advisories to the States on Operationalisation of Localisation of Sustainable Development Goals and Compendium of Thematic Presentations.

Key Highlights of the Vice President’s Address

The Union Government and various States should facilitate the devolution of the 3 Fs, i.e., Funds, Functions and Functionaries to Panchayati Raj Institutions for efficient and effective functioning of local self-governments for the holistic development in rural areas and to achieve Sustainable Development Goals (SDGs).
The Rural Local Bodies have to be revitalised and rejuvenated by strengthening and empowering them.
People’s participation is must for the development of the country. To make the country poverty free we must start with villages and provide connectivity, education, employment opportunity and entertainment for the development of villages and stop migration.
Given that nearly 70% of India is rural India (68.84% as per the 2011 census), attainment of Sustainable Development Goals at the national level will require actions at the grassroots level, i.e., at the Panchayat level.
The legal framework on the number of Gram Sabhas to be held in a year is necessary and needs to be formulated.
Called for people’s participation in implementation of all the schemes and programmes at the grassroots level.
Stressed the need for concerted efforts from all stakeholders to ensure comprehensive and all-round development of the Panchayats and achieve various targets in local context.
Called for bringing all Panchayats onto e-GramSwaraj platform to meet the digital mission of governance.
Empowering villages is the crux of development. Panchayats have a pivotal role to play in integrated rural development by focusing on the 17 SDGs which are subsumed under nine themes to ensure poverty-free, clean, healthy, child-friendly, and socially secured well-governed villages.

Sealed Cover Jurisprudence

Recently, concerns have been raised over Kerala High Court’s verdict to uphold the Information and Broadcasting Ministry’s order that revoked the broadcasting licence of Malayalam news channel Media One after the Ministry of Home Affairs(MHA)denied it security clearance.

It is argued that the court’s decision “was based on a ‘sealed cover’ envelope provided by the MHA, the contents of which were not shared” with Media One, which was a “gross violation” of the principles of natural justice.

About Sealed Cover Jurisprudence

It is a practice used by the Supreme Court(SC) and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
The SC derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
It is stated under the said rule that if the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information, except if the Chief Justice himself orders that the opposite party be allowed to access it.
It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

Previous Instances of Sealed-Cover Jurisprudence by SC

Documents were examined in sealed cover in multiple prominent cases during the tenure of the former Chief Justice of India, Rajan Gogoi.
In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by Chief Justice Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover. This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.
In the matters related to the National Register of Citizens (NRC) in Assam, the supreme court mandated coordinator of the NRC, Prateek Hajela, was asked by the apex court to submit period reports in sealed cover, which could neither be accessed by the government nor the petitioners.
In the case where CBI’s former director Alok Verma and the national agency’s former special director Rakesh Asthana had made counter allegations of corruption against one another, the Supreme Court had asked the Central Vigilance Commission (CVC) to submit its preliminary report in a sealed cover.
In the 2014 BCCI reforms case, the probe committee of the cricket body had submitted its report to the Supreme Court in a sealed envelope, asking it not to make public the names of nine cricketers who were suspected of a match and spot fixing scam.
In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act, the Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

Criticism

Critics contend that it is not favorable to the principles of transparency and accountability of the Indian justice system, standing in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
Also, sealed covers are dependent on individual judges looking to substantiate a point in a particular case rather than common practice. This makes the practice ad-hoc and arbitrary.

Good Governance Week

The central government is celebrating Good Governance week from December 20 to December 26, 2021.

Every year 25^th December is celebrated as ‘Good Governance Day’ to mark the birth anniversary of former Prime Minister Atal Bihari Vajpayee.

Objective

To translate the vision of the Prime Minister for Next Generation Administrative Reforms during the Amrit Kaal period across all Districts and Tehsils of India.

Theme

“Prashasan Gaon Ki Aur”

Key Points

It is being organized by the Department of Administrative Reforms and Public Grievances (DARPG) in collaboration with Ministry of External Affairs, Department of Promotion of Industry and Internal Trade, Department of Personnel & Training, Department of Pensions and Pensioners’ Welfare and Ministry of Panchayati Raj and Rural Development is celebrating Good as part of Azadi Ka Amrit Mahotsav celebration.
A Nation-wide campaign for Redressal of Public Grievances and Improving Service Delivery will be held in all Districts, States, and Union Territories of India.
Over 700 Districts Collectors will be participating in “Prashasan Gaon Ki Aur” and during the weeklong event will visit Tehsil/Panchayat Samiti Headquarters to provide timely grievance redressal and improve service delivery.

Impact

The “Prashasan Gaon Ki Aur” campaign during the Good Governance Week will create a National Movement for good governance and inspire future generations.

What is Good Governance?

Good Governance is an approach to government that is committed to creating a system founded in justice and peace that protects individual’s human rights and civil liberties.
It can be used in several contexts such as corporate governance, international governance, national governance and local governance.

8 Major Characteristics of Good Governance

Participation
Rule of Law
Transparency
Responsiveness
Consensus Oriented
Equity and Inclusiveness
Effectiveness and Efficiency
Accountability

Benefits

Good Governance promotes the rule of law.
It ensures that political, social, and economic priorities are based on broad consensus in society and that the voices of the poorest and the most vulnerable are heard in decision making over the allocation of development resources.

The National Anti-Doping Bill 2021

Recently, the National Anti-Doping Bill, 2021 was introduced in Lok Sabha.

It seeks to prohibit doping in sports and establish a National Anti-Doping Agency, which will replace the existing National Anti-Doping Agency.

Key Features

Prohibition of Doping

Prohibits athletes, athlete support personnel and other persons from engaging in doping in sport.
Support personnel include the coach, trainer, manager, team staff, medical personnel, and other persons working with or treating or assisting an athlete.

National Anti-Doping Agency

The Bill provides for constituting this National Anti-Doping Agency as a body corporate.
It will be headed by a Director General appointed by the central government.
Functions of the Agency include: (i) planning, implementing, and monitoring anti-doping activities, (ii) investigating anti-doping rule violations, and (iii) promoting anti-doping research.

National Board for Anti-Doping in Sports

It establishes a National Board for Anti-Doping in Sports to make recommendations to the government on anti-doping regulation and compliance of international commitments on anti-doping.
The Board will oversee the activities of the Agency and issue directions to it.
The Board will consist of a Chairperson and two members appointed by the central government.

Exemptions

If any athlete requires a prohibited substance or method due to a medical condition, they may apply to the National Anti-Doping Agency for a therapeutic use exemption.

Consequences of Violations

Anti-doping rule violation by an individual athlete or athlete support personnel may result in: (i) disqualification of results including forfeiture of medals, points, and prizes, (ii) ineligibility to participate in a competition or event for a prescribed period, (iii) financial sanctions, and (iv other consequences as may be prescribed.

Dope Testing Laboratories

The existing National Dope Testing Laboratory will be deemed to be the principal dope testing laboratory.
The central government may establish more National Dope Testing Laboratories.

Cabinet Clears Draft Bill for Linking Aadhaar & Voter ID

On 15^th December, 2021, the Union Cabinet cleared a bill on electoral reforms, news agency PTI reported.

The Election Commission has been pushing for key electoral reforms, including linking Aadhaar numbers to the electoral roll, making paid news an electoral offence, increasing the punishment for filing a false affidavit.

Key Provisions

It will amend the representation of people act and allow four qualifying dates in a year rather than one, for those who are above 18 years, to register as a voter.
The electoral law will be made “gender-neutral” for service voters.
It seeks to empower the EC to requisition premises for any purpose related to election.
It will allow the Election Commission to seed the Aadhaar number with electoral rolls on a voluntary basis.

Impact

Check on Fake Voter ID: Aadhaar- voter id linkage will help to eliminate all the fake Voter ID Cards and put a check on the growing population of defunct and fake voters across the country.
Securing Electronic Voting: Further, it will help to work towards secure electronic voting for migrant workers.

Default Bail

The National Investigation Agency(NIA) has approached the Supreme Court against a Bombay High Court order granting statutory bail to advocate and activist Sudha Bharadwaj.

About Default Bail

Also known as statutory bail, this is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody.
This is enshrined in Section 167(2) of the Code of Criminal Procedure(CrPC) where it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody.
This section concerns the total period up to which a person may be remanded in custody prior to filing of charge sheet.
For most offenses, the police have 60 days to complete the investigation and file a final report before the court.
However, where the offense attracts death sentence or life imprisonment, or a jail term of not less than 10 years, the period available is 90 days.
At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”.

Principles Related To Default Bail

Right to seek 'default' bail is a fundamental right and an indefeasible part of right to personal liberty under the Constitution.
The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time.
It includes days undergone in both police and judicial custody, but not days spent in house-arrest.
A requirement for the grant of statutory bail is that the right should be claimed by the person in custody.
If the charge sheet is not filed within the stipulated period, but there is no application for bail under Section 167(2), there is no automatic bail.

Other Types of Bail

Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the CrPC.
Anticipatory Bail: A direction issued to release a person on Bail even before the person is arrested. In this situation, there is apprehension of arrest and the person is not arrested before the Bail is granted.
Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.

Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021

Recently, Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha.

About the Amendment

It seeks to replace the Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021.
The Bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 to correct a drafting error in 2014 amendment.
Drafting Error: In 2014, the Act was amended and the clause number of the definition for such illicit activities was changed.However, the section on penalty for financing these illicit activities was not amended and continued to refer to the earlier clause number.The Bill amends the section on penalty to change the reference to the new clause number.This amendment will be deemed to have been in effect from May 1, 2014 (i.e., when the 2014 amendments came into effect).

New Protocol for Post-mortem Procedure

The Union Health Ministry has notified new protocol for post-mortem procedure.

After Sunset Clause

As per the new protocol, post-mortem can now be performed after sunset in hospitals having adequate infrastructure.
Video recording of post-mortem will be done for all post-mortem conducted in the night to rule out any suspicion.

Prohibitions

Cases under categories such as homicide, suicide, rape, decomposed bodies, suspected foul play should not be subjected for post-mortem during night unless there is a law and order situation.

Benefit

This move will promote organ donation and transplant.