current affairs 2014
DESCRIPTION
important events of 2014TRANSCRIPT
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Current Affairs 2014
Dr. G. Prasanna Kumar
17.06.2014
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Topics for Today
Corruption
Money Laundering
Lokpal/Lokayukta
RTI Act
Judicial Independence/Accountability
Alternative Dispute Resolution
Good Governance and E-Governance
Cryptocurrency
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Corruption
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Corruption
In its narrowest sense, corruptionrefers to bribery and extortion.
In its wider sense, corruptionincludes one or more of bribery,extortion, fraud, deception, collusion,cartels, abuse of power,
embezzlement, trading in influenceand money laundering.
Monopoly + Discretion -Accountability = Corruption
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Prevention of CorruptionAct
7. Public servant takinggratification other than legalremuneration in respect of an
official act
13. Criminal misconduct by apublic servant
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Section 7
Public servant
Accepts illegal gratification
As a motive or reward For doing or forbearing to do any
official act, or
For showing or forbearing to showfavour or disfavour
3-5 years imprisonment
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Section 8, 9
8. Taking gratification, in order, bycorrupt or illegal means, toinfluence public servant
9. Taking gratification, for exerciseof personal influence with publicservant
3-7 years imprisonment
Punishment for abetment sameas for offence
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Section 13
Habitually accepts illegal gratification
Habitually accepts valuable thingwithout/ for inadequate consideration
Dishonestly or fraudulentlymisappropriates any propertyentrusted to him
By corrupt or illegal means any
valuable thing or pecuniary advantage Possession of assets disproportionate
to known sources of income
4-10 years imprisonment
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Where do we stand?
According to TransparencyInternationals 2012 Corruption
Perceptions Index (CPI), 123 out of the176 countries have index score below50, on a scale from 0 (perceived to betotally corrupt) to 100 (perceived to be
free from corruption), indicating aserious corruption problem.
India stands at 94 with an index of 36
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Country Comparison
10
Rank Name of Country CPI Score
1 Denmark, Finland, NZ 90
4 Sweden 88
5 Singapore 87
17 Japan, UK 74
19 USA 73
33 Bhutan 63
54 Malaysia 49
79 Sri Lanka 4080 China 39
94 India 36
139 Pakistan 27
144 Bangladesh 26
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Combating Corruption
Lokpal/Lokayukta
Audit, Social Audit, Integrity Pacts
Election Commission
Competition Commission
CVC, CBI
Unique identity number
Regulatory authorities
E-governance
Citizen charter, Civil Society
Role of Media
Public Interest Litigation/Writs
Grievance redressal mechanisms
Protection of Whistleblowers
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Ombudsman
Constitutional device to protectthe citizens frommaladministration.
Functioning in Sweden since1713, in Finland since 1919, inDenmark since 1984, and in
Norway since 1961.
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Lokpal/Lokayukta
Administrative Reforms Commission set upon 5 January 1966 under theChairmanship of Shri Morarji Desai
recommended a two-tier machinery:Lokpal at the Centre and one Lokayuktaeach at the State level for redressal ofpeople's grievances.
The central Government introduced theLokpal and Lokayuktas Bill in 1968 andagain in 2005, but had to wait till 2013 toenact.
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Lokayukta
Orissa the first state to present bill onestablishment of Lokayukta in 1970
Maharashtra is the first state to haveestablished the institution in 1972.
Lokayukta established in Bihar (1974), U.P.(1977), M.P. (1981), A.P. (1983), Himachal(1983), Karnataka (1984), Assam (1986),
Gujarat (1988), Delhi (1995), Punjab(1996), Kerala (1998), Chhattisgarh(2002), Uttarakhand (2002), West Bengal(2003) and Haryana, Jharkhand (2004).
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Lokpal and Lokayuktas Act2013
Assent of President on 1 January 2014
Lokpal at centre and Lokayuktas instates
5 year tenure (Maximum 70 years age) Inquiry, Investigation, Departmental
proceedings, Prosecution
Special Courts Annual Report to President
Not applicable to Army, Navy, Air Force,Coast Guard
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Composition
Chairperson- who is or has been aChief Justice of India or is or has been aJudge of the Supreme Court or an
eminent person who fulfils the eligibilityspecified in clause (b) of sub-section (3)
Maximum 8 members, of which 50%
should be judicial members 50% of the total members of the Lokpal
from SC/ST/OBCs, minorities andwomen
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Composition
Judicial Member who is or has been aJudge of the Supreme Court or is orhas been a Chief Justice of a High Court
Member other than a Judicial Member,if he is a person of impeccable integrityand outstanding ability having specialknowledge and expertise of not lessthan twenty-five years in the matters
relating to anti-corruption policy, publicadministration, vigilance, financeincluding insurance and banking, lawand management.
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Not eligible
(i) a member of Parliament or a member of theLegislature of any State or Union territory;
(ii) a person convicted of any offence involving
moral turpitude;(iii) a person of less than 45 years of age;
(iv) a member of any Panchayat or Municipality;
(v) a person who has been removed or dismissed
from the service of the Union or a State
shall not hold any office of trust or profit
Shall not be affiliated with any political party or
carry on any business or practise any profession
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Appointment
Selection committee, consisting of thePrime Minister of India, Lok SabhaSpeaker, Lok Sabhasleader of
opposition, the Chief Justice of Indiaor the Judge of the Supreme Courtnominated by the Chief Justice.
An eminent Jurist nominated byPresident on the basis of therecommendations of the first four
members of the selection committee
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Jurisdiction
Prime Minister, Ministers
Members of Parliament
All categories of public servants
Chairperson & employees of PSUs Officials of Societies financed by
Government
All entities, which receive donations froma foreign source in excess of 10 lakhrupees in context of Foreign ContributionRegulation Act (FCRA)
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Powers
Superintendence over CBI
Search & Seizure
Powers of Civil Court for Inquiry Wing
Attachment of property Confiscation of assets procured by
means of corruption
Recommend transfer or suspension ofpublic servant
Directions to public servants
Sanction prosecution
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Vigilance Organization
CVC Established on 11 February 1964on recommendation of SanthanamCommittee
Same independence and autonomy asUPSC
CVC Act 2003
Superintendence over CBI
CVOs in Ministries/PSUs/Banks
Preventive vigilance
Advisory nature
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Audit
Comptroller and Auditor-General ofIndia under Art. 148
Art. 151 The reports of the
Comptroller and Auditor-General ofIndia relating to the accounts of theUnion shall be submitted to thePresident, who shall cause them tobe laid before each House ofParliament.
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National commissions
National Human Rights Commission
National Commission on ScheduledCastes
National Commission on ScheduledTribes
National Commission on Minorities
National Commission on Women National Commission for Protection of
Child Rights
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Sevottam Model
An evaluation mechanism to assess thequality of internal processes and theirimpact on the quality of service delivery.
Model developed through extensive consultationswith multiple stake holders - led to development of
IS: 15700: 2005.
Effective Citizen Charter implementation Public Grievance Redressal Mechanism
Excellence in Service Delivery
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IS 15700:2005
Developed by Bureau of IndianStandards
Stipulates that a QualityManagement System helps anorganization to build systemswhich enable it to provide quality
service consistently and is not asubstitute for service standards.
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Citizens' Charters
First articulated and implemented in the UnitedKingdom by the Government of John Major in
1991 as a national programme
For solving the problems which a citizenencounters, day in and day out, while dealing
with the organizations providing public services
To continuously improve the quality of publicservices for the people of the country
To empower the citizen in relation to public
service delivery
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Citizens Charter
Service benchmarks to be adopted
Assessment of delivery against the adopted
benchmarks to be communicated to citizens
using different communication modes.
Preparing a citizen charter detailing all
services and the timeframe for compliance
To be displayed on boards in different partsof the city, government offices and ward
offices, and distributed among citizens.
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Elements of Citizens
Charters1. Vision and Mission Statement
2. Details of business transacted by the
organization
3. Details of clients
4. Details of services provided to each client
group
5. Details of grievance redress mechanism and
how to access it
6. Expectations from the clients.29
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Writs
Article 32(2), 226 Habeas Corpus You may have the
body
Mandamus We command Prohibition to stop abusing authority Quo Warranto By what authority? Certiorari to move a suit from an
inferior court to superior court.
Right of Citizens for Time
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Right of Citizens for TimeBound Delivery of Goods &
Services and Redressal ofGrievances Bill, 2011
Introduced in Parliament on 20 Dec 2011
Right to time bound delivery and amechanism for grievance redressal
Public Grievance Redressal Commission
Citizen Charters within 6 months
Grievance Redress Officers within 6months
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Benami Transactions(Prohibition) Act, 1988
Any transaction in which property istransferred to one person for aconsideration paid or provided by
another person
Imprisonment for a term upto threeyears or with fine or with both
Benami property shall be subject toacquisition.
No compensation
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Benami Transactions(Prohibition) Bill, 2011
Definition more elaborate
Property held in the name of closerelatives exempt
Provision to confiscate Authorities, their powers and
procedure prescribed
Imprisonment for a minimum term ofsix months, maximum two years plusfine which may extend to 25% of thefair market value of the property
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Prevention of MoneyLaundering Act, 2002
Sec.3: Whosoever directly or indirectlyattempts to indulge or knowingly
assists or knowingly is a party or isactually involved in any process oractivity connected with the proceeds ofcrime and projecting it as untaintedproperty shall be guilty of offence ofmoney laundering.
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Prevention of MoneyLaundering Act, 2002
Rigorous imprisonment 3-7 years plusfine which upto Rs. 5 lakhs
Attachment, Adjudication, Confiscation
Monitoring of large transactions Survey, Search, Seizure and Arrest
Special Courts
Directorate of EnforcementFinancial Intelligence Unit
Agreements with foreign countries
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Foreign ExchangeManagement Act, 1999
Permission of the Reserve Bankrequired for FE transactions withunauthorized persons
Export of goods & services controlledby RBI
Limits on holding foreign currency
Penalty up to thrice the sum involved incontraventions where such amount isquantifiable, or up to two lakh rupeeswhere the amount is not quantifiable
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E-Procurement
Completely Automated Process Anytime, Anywhere Bidding
Shortens Procurement Cycle
Economical and Environment Friendly System Aided Evaluation Process
Minimizes Human Errors
Electronic Reverse Auction
Framework Agreement Procedure
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Whistle Blowers ProtectionAct, 2011
Assent of the President on the 9thMay, 2014 To protect whistleblowers, i.e. persons
making a public interest disclosure relatedto an act of corruption, misuse of power, or
criminal offence by a public servant. Competent Authority shall not disclose the
identity of the complainant except to thehead of the department if he deems itnecessary. The Bill penalises any person
who has disclosed the identity of thecomplainant.
Penalties for knowingly making falsecomplaints, but not against victimization.
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Competent Authority
Prime Minister Rajya Sabha Chairman /Lok Sabha
Speaker
Chief Minister of the State or Unionterritory Chairman of the Legislative Council /
Speaker of the Legislative Assembly
High Court Central Vigilance Commission State Vigilance Commission Authority notified by Government
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DisclosureSection 3(d)
Disclosure means a complaint relating to,(i) an attempt to commit or commission of an
offence under the Prevention of Corruption Act,1988;
(ii) wilful misuse of power or wilful misuse ofdiscretion by virtue of which demonstrable lossis caused to the Government or demonstrablewrongful gain accrues to the public servant or toany third party;
(iii) attempt to commit or commission of a criminal
offence by a public servant,made in writing or by electronic mail or electronic
mail message, against the public servant andincludes public interest disclosure before theCompetent Authority.
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Section 4
4(3) Every disclosure shall be made in good faithand the person making disclosure shall make apersonal declaration stating that he reasonablybelieves that the information disclosed by him
and allegation contained therein issubstantially true.(6) No action shall be taken on public interest
disclosure by the Competent Authority if thedisclosure does not indicate the identity of the
complainant or public servant making publicinterest disclosure or the identity of thecomplainant or public servant is foundincorrect or false
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Right to Information Act,2005
S.4(1)(b): 16 theme manuals
Public Information Officers/APIOs
Request for information
Reasons not required to be given
Information within 30 days
Prescribed fees to be paid by applicant
Appeal within 30 days
Information Commissions
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Information not to be given
Section 8 Considerations
sovereignty and integrity of India, thesecurity, strategic, scientific or economic
interests of the State, relation withforeign State or lead to incitement of anoffence;
Privileges of Court/Legislature;
Confidential matters Damage to third party
Cabinet papers
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Public Authority
Any authority or body or institution of self-government established or constituted
(a) by or under the Constitution;(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;(d) by notification issued or order made by the
appropriate Government,
and includes any(i) body owned, controlled or substantially financed;(ii) non-Government organization substantially
financed, directly or indirectly by funds providedby the appropriate Government
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Penalties
Rs. 250 per day of delay
Maximum Rs. 25000
Recommend Disciplinary action
di i l S d d d
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Judicial Standards andAccountability Bill, 2010
to lay down enforceable standards ofconduct for judges.
Judges will be required to declaretheir assets and liabilities, and alsothat of their spouse and children.
Any person can make a complaint
against a judge to the OversightCommittee on grounds ofmisbehaviour.
J di i l S d d d
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Judicial Standards andAccountability Bill, 2010
A motion for removal of a judge ongrounds of misbehaviour can also bemoved in Parliament. Such a motionwill be referred for further inquiry to
the Oversight Committee. Complaints and inquiries against judges
will be confidential and frivolouscomplaints will be penalised.
The Oversight Committee may issueadvisories or warnings to judges, andalso recommend their removal to thePresident.
Alt ti Di t
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Alternative DisputeResolution
Arbitration
Mediation
Reconciliation - Conflict resolution
Negotiation
Family Court
Consumer Forum
Lok Adalat
Nyaya Panchayat - The NyayaPanchayats Bill, 2009
A t 39A E l J ti d
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Art. 39A. Equal Justice andFree Legal Aid
The State shall secure that theoperation of the legal systempromotes justice, on a basis of equal
opportunity, and shall, in particular,provide free legal aid, by suitablelegislation or schemes or in any
other way, to ensure thatopportunities for securing justice arenot denied to any citizen by reason
of economic or other disabilities.
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Lok Adalat
Civil Cases, Matrimonial Disputes,Land Disputes, Partition/PropertyDisputes, Labour Disputes etc., and
compoundable criminal Cases. Permanent Lok Adalats
transport; postal, telegraph or
telephone service; power, light orwater; sanitation; hospital; insuranceservice
L l S i
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Legal ServicesAuthorities Act, 1987
National Legal Services Authority(NALSA) legal aid ADR legal literacy and legal awareness voluntary social welfare institutions State Legal Service Authorities
Supreme Court Legal Services Committee High Court Legal Services Committees District Legal Services Authorities Taluk Legal Services Committees Legal Aid Funds
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Eligibility for Legal Services
Member of SC/ST
Victim of trafficking in human beings orbeggar
Woman or Child
Disabled
Disaster victims
Industrial workman Persons under State protection
Low income
C P t ti A t
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Consumer Protection Act,1986
Consumer Protection Councils National, State
Distict Consumer DisputesRedressal Forum
Consumer Disputes Redressal
Commissions National, State Consumer Clubs
C ' Ri ht
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Consumer's Rights[S.6 C.P. Act]
1. Right to SAFETY against hazardousgoods and services
2. Right to be INFORMED about
quality, quantity, purity, standard,price
3. Right to CHOOSE from a variety atcompetitive prices
4. Right to BE HEARD5. Right to seek REDRESSAL6. Right to CONSUMER EDUCATION
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Procedure for Filing a
Complaint
File in triplicateon plain paper to the
District Consumer Disputes RedressalForum where the opposite partyhas his business or residence orwhere cause of action arises.
File complaint within 2 years fromthe date of the cause of action.
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Essential Information in
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Essential Information inthe Application
Name and full address of complainant
Name and full address of oppositeparty
Description of goods and services
Quality and quantity
Price
Date & proof of purchase
Nature of deception
Type of redressal prayed for
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Benefits
No lawyer or agent is necessary. No Fees. No charges for
dispatching notices.
Disposal within 90 days (150days in case of lab test) from dateof receipt of notice by the
opposite party. Ordinarily no adjournment.
Reasons for adjournment shall berecorded in writing.
Where to Lodge a
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Where to Lodge aComplaint
If claim is Rs.20 lacs < Rs.1 crore, in
the State Consumer Disputes
Redressal Commission, If > Rs.1 crore, in the National
Consumer Disputes RedressalCommission
Adulterated Food
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Adulterated FoodPFA Act 1954
1. Different nature, substance or quality.2. Contains other substance or improperly
processed.
3. Inferior or cheaper substance substituted
wholly or in part.4. Any constituent of the article has been
wholly or in part abstracted.
5. Prepared, packed or kept under insanitary
conditions.6. Filthy, putrid, rotten, decomposed or
diseased animal or vegetable substance,insect-infested or unfit for humanconsumption
C F i dl L
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Consumer Friendly Laws
Drugs and Magic Remedies(Objectionable Advertisements)Actprohibits advertising cure-alls.
Competition Actprevents practiceswith adverse effect on competition.
Cable TV Act& TRAIprotect
consumers choice.
O h P C L
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Other Pro-Consumer Laws
Drugs & Cosmetics Actensuresingredients are listed on packaging ofall drugs and cosmetics.
Bureau of Indian Standards Actcertifies that products meet ISIstandards.
Agricultural Produce (Grading and
Marking) Actstandardises suchproducts for AGmark.
Fruit Products Order (FPO)
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Fruit Products Order (FPO)
Lays down statutory minimum standards in
respect of the quality of various fruits andvegetable products and processing facilities.
Meat Food Products Order:a. Detect /destroy meat of diseased animals.b. Ensure that preparation & handling of meat& meat products are conducted sanitarily.
c. Prevent use of harmful substances in meat.e. Ensure inspection of meat before sale.f. procedure for selection of disease-freeanimals & slaughterhouse practices.
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Competition Act 2002
Anti-competitive agreements Abuse of dominant position Regulation of combinations
Competition Commission of India Fine which may extend to Rs. one lakh
for each day during which non-compliance occurs, subject to amaximum of Rs. ten crore
Imprisonment or fine on non-compliance
Competition Appellate Tribunal
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Good Governance
Participation
Rule of law
Transparency
Responsiveness
Consensus oriented
Equity and inclusiveness Effectiveness and efficiency
Accountability
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Participation
Either direct or throughlegitimate intermediate
institutions or representatives Informed and organized
Freedom of association and
expression Organized civil society
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Rule of law
Fair legal frameworks
Impartial Enforcement
Protection of human rights Protection of Disadvantaged
Groups
Independent judiciary Impartial and incorruptible
police force
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Transparency
Follow rules and regulations
Information freely available anddirectly accessible to those who
are affected by decisions andtheir enforcement
Right to Information Act
Citizen Charters
Use of Media
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Responsiveness
Service within reasonabletimeframe
System requirement
Accountability to follow
Right of Citizens for Time BoundDelivery of Goods & Services andRedressal of Grievances Bill,2011
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Consensus oriented
Consultation with differentinterests in society
Best interest of the whole
community
Concept of Maximization ofWelfare
Referendum
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Equity and inclusiveness
All members feel that they havea stake
All groups, particularly the most
vulnerable, have opportunities toimprove or maintain their wellbeing
Lack of inclusiveness leads tosocial tensions
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Effectiveness and efficiency
Result orientation
O&M Studies
Best use of resources at disposal
Sustainable use of naturalresources
Protection of the environment
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Accountability
Not only to governmentalinstitutions but also to theprivate sector and civil societyorganizations
Accountable to those who willbe affected by decisions or
actions Transparency and rule of law
prerequisites
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E-Governance
National e-Governance Plan NICNET - Nationwide computer and
communication network of NIC
Connectivity to Central Ministries/Departments,all States/UTs and all Districts
National Data Centres at Delhi, Hyderabad andPune which provide shared hosting and co-location facilities to Government all over India
National Knowledge Network (http://nkn.nic.in)
Business Intelligence (BI) Services
Satellite Communication Services
Messaging Services SMS Gateway Services
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Cyber Security
Indian Computer EmergencyResponse Team (CERT-In)
PKI infrastructure to promote use of
Electronic Signatures Information Security Policy Assurance
Framework for the protection ofGovernment cyberspace and criticalinfrastructure
Information Security Standard ISO27001
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IT Act 2000
Legal recognition of electronic records Legal recognition of digital signatures Attribution of electronic records
Security procedure Appointment of Controller and other
officers Penalty for damage to computer,
computer system, etc. Penalty for failure to furnish information
return, etc. Cyber Appellate Tribunal
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National GIS Services
National GIS Web Portal(https://gis.nic.in)
Computer Aided Utility Mapping Project
GISNIC, a software designed to providea complete state-of-the-art desktop GIssolution for retrieval,projection,transformation and analysis of both
spatial and non-spatial data Param Padma Supercomputer
Indian Institute of Remote Sensing(IIRS) Dehra Dun under ISRO
h li i
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Other e-Applications
Agricultural Marketing Information SystemsNetwork
Computerization of Land Records
Cooperative Core Banking Solution
CollabCAD CollabLand Survey Maps
Digital Archiving and Management e-Granthalaya Election Automation System e-Lekha - financial management application e-Hospital e-Procurement System Sarathi / Vahan
C t
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Cryptocurrency
Digital or virtual currency that usescryptography for security
Use P2P Technology
Fund transfers through use of public &private keys for security purposes
Minimal processing fees
Not issued by any central authority,rendering it theoretically immune togovernment interference or manipulation
Prices based on supply and demand
f C
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Types of Cryptocurrency
Bitcoin (BTC), launched in 2009
Namecoin (NMC)
Litecoin (LTC)
Dogecoin (Doge)
Peercoin (PPC)
Mastercoin (MSC)
Ri k f C
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Risks of Cryptocurrency
Prone to losses due to hacking etc. Loss of e-walletcould result in permanent loss of VCs.
No authorized central agency to regulate payments.Hence no redress of grievances.
No backing of assets. Users exposed to potentiallosses on account of volatility in value.
Exchange platforms in jurisdictions of doubtful legalstatus.
Use of VCs for illicit and illegal activities jurisdictionscould subject the users to unintentional breaches ofanti-money laundering and combating the financingof terrorism laws.
F N t W k
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For Next Week
Women empowerment
Criminal law reforms
Khap panchayats
Section 377 IPC
Mercy killing
Death penalty Social Media-challenges and dangers
Integ it Pacts
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Integrity Pacts
An agreement between the public agencyinvolved in procuring goods and services andthe bidder for a public contract to the effectthat the bidders have not paid and shall not
pay any illegal gratification to secure thecontract in question.
The public agency commits to ensuring a
level playing field and fair play in theprocurement process.
Oversight and scrutiny by independent,outside observers.
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Electronic Reverse Auction
Electronic reverse auction means anonline real-time purchasing techniqueutilized by the procuring entity to
select the successful submission,which involves the presentation bysuppliers or contractors of
successively lowered bids during ascheduled period of time and theautomatic evaluation of bids.
Framework agreement
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Framework agreementFramework agreement means an
agreement between the procuring entity andthe selected supplier or contractor;
Closed framework agreement means aframework agreement to which no supplieror contractor that is not initially a party tothe framework agreement may subsequentlybecome a party;
Open framework agreement means aframework agreement to which a supplier ora contractor in addition to the initial partiesmay subsequently become a party