DAILY CURRENT AFFAIRS ANALYSIS

01^st December 2021

1 – ALL ABOUT THE CONTEMPT OF COURT: 

GS II

Topic – Judiciary related issues

• What is meant by Court’s Contempt:
• Contempt of Court is a legal term that refers to a violation of a court’
• “Contempt of court” refers to a court’s ability to preserve its own grandeur and respect. This ability is regulated but not limited by the 1971 Contempt of Courts Act.
• In the United States Constitution, the term “contempt of court” is not defined.
• The Supreme Court, on the other hand, has the jurisdiction to punish itself for contempt under Article 129 of the Constitution.
• Article 215 of the Constitution grants the High Courts the same authority.
• The 1971 Contempt of Courts Act defines both civil and criminal contempt.
• Civil contempt refers to willful disregard of a court’s decision.
• If a conduct has the potential to disgrace or undermine the court’s authority, criminal contempt may be employed.
• It has a proclivity to hinder the proper administration of any court proceeding.
• Laws relating to the contempt of court:
• “Fair criticism” or “fair comment” on the merits of a final decision does not constitute contempt, according to Section 5 of the Act.
• However, the judges’ judgement of what is “fair” is left to their discretion.
• This open-ended interpretation occasionally jeopardises Article 19’s freedom of speech and expression.
• Natural Justice Principle Violation: Judges may appear to be acting in their own best interests, violating natural justice principles and jeopardising the public faith that the processes are supposed to uphold.
• Steps to Take Next:
• Freedom of speech is the most fundamental of the fundamental rights, and any restrictions on it should be kept to a minimum.
• Under the law of contempt of court, only the limits essential to sustain the legitimacy of judicial institutions can be applied.
• As a result, regulations and standards describing the method superior courts must follow while conducting criminal contempt proceedings must be drafted, keeping natural justice and fairness principles in mind.
• Source – The Hindu – 01/12/21 – Page Number 8

2 – HOW MP’s ARE SUSPENDED IN INDIA:

GS II

Topic – Parliament related issues

• Context:
• Twelve Opposition MPs were recently expelled from the Rajya Sabha for the remaining Winter Session due to disruptions in the Rajya Sabha during the Monsoon Session.
• Their suspension was based on “unprecedented acts of misconduct, rude, boisterous, and aggressive behaviour, and intentional assaults on security staff” in the House.
• Code of Conduct for Members of Parliament:
• Members of Parliament are required to follow certain parliamentary etiquette rules. According to the Lok Sabha code, MPs are not to interrupt others’ statements, maintain silence, or disrupt proceedings during debates by hissing or providing running comments (which is comparable to the Rajya Sabha rulebook).
• Members of the House should not chant slogans, hold banners, tear up documents in protest, or listen to a cassette or tape recorder while in the chamber.
• The Authority of the Presiding Officer:
• Both Houses’ rulebooks grant the presiding officers of both Houses specific, similar powers to ensure that the proceedings go well.
• According to Rule 255 of the Rajya Sabha Rulebook, “the Chairman may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Council, and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.”
• Rule 256 specifies ‘Member Suspension,’ yet Rule 255 specifies a less severe penalty.
• Suspension is permissible “for a period not to exceed the balance of the session,” according to Rule 256 of the Rajya Sabha Rulebook.
• The R.S. Chairman used this to suspend 12 members of parliament.
• The Speaker of the Lok Sabha can suspend an MP for up to five days for disrupting the House’s business, according to Rule 374A of the Lok Sabha Rulebook, which was added in 2001.
• In 2015, Speaker Sumitra Mahajan invoked this option to suspend 25 members of Congress.
• This power does not belong to the Rajya Sabha Chairman.
• Speakership and Chairmanship:
• Under Rule 255 of the Rajya Sabha’s Rule Book, the Chairman of the Rajya Sabha, like the Speaker of the Lok Sabha, has the right to “force any Member whose behaviour is in his judgement excessively disorderly to depart immediately” from the House.
• In contrast to the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha does not have the authority to suspend a member.
• Suspension of a member of the Rajya Sabha:
• Procedure for suspension: The Rajya Sabha Chairman has the authority to “identify a member who disobeys the Chair’s authority or violates the Council’s rules by repeatedly and purposefully impeding” activity.
• In this situation, the House may pass a motion suspending the Member’s ability to serve in the House for the remainder of the session.
• Suspension Can Be Lifted: A member’s suspension can be lifted by the House passing another motion.
• Source – The Hindu – 01/12/21 – Page Number 1

3 –  DETAILS OF THE COMPTROLLER AND AUDITOR GENERAL OF INDIA:

GS II

Topic – Constitutional Posts related issues

• Background of CAG:
• The Comptroller and Auditor General of India (CAG) is constituted as an independent office in Chapter V of Part V of the Indian Constitution.
• Articles 148–151 of the Indian Constitution define the CAG.
• He is the chief of the Indian Audit and Accounts Department.
• He is the guardian of the public purse and is in charge of the entire financial system of the country, both at the national and state levels.
• It is his obligation to preserve the Indian Constitution and the laws of Parliament in the sphere of financial administration.
• Term of Office and Appointment:
• The CAG is appointed by the President of India through a warrant signed and sealed by him.
• He will be president for six years or until he becomes 65, whichever comes first.
• Duties:
• The Consolidated Fund of India, as well as the Consolidated Funds of each state and UT with a legislative assembly, are audited by the CAG.
• Every spending from India’s Contingency Fund and Public Account, as well as each state’s Contingency Fund and Public Account, is audited by the CAG.
• The CAG audits all trading, manufacturing, profit and loss accounts, balance sheets, and other subsidiary accounts maintained by the federal government and state governments.
• The CAG audits the receipts and expenditures of all bodies and authorities significantly financed from Central or State income; government companies; and other corporations and bodies, as required by linked laws.
• His certification is definitive, as he determines and certifies the net earnings of any tax or duty.
• Reports:
• He delivers his audit reports on the Centre’s and State’s finances to the President and Governor, who subsequently deliver them to both chambers of Parliament and the state legislatures, respectively.
• He submits three audit reports to the President: one on appropriation accounts, one on finance accounts, and one on public undertakings.
• CAG and PAC:
• He is a counsellor, companion, and philosopher to the Public Accounts Committee of Parliament.
• In addition to its statutory regulatory and compliance audits, the CAG performs a performance and efficiency audit to analyse the executive’s wisdom and economy in order to uncover instances of improper expenditure and waste of public monies.
• The independence of the CAG is guaranteed by the following constitutional provisions:
• The company has a long-term relationship with CAG. Only the president can dismiss him through the processes established in the Constitution. As a result, despite the president’s appointment, he does not take office until the president’s pleasure.
• He is disqualified for any future appointments in the Indian government or in any state after resigning from his office.
• His pay and other working conditions are set by Parliament. His pay is on par with that of a Supreme Court justice.
• His remuneration, as well as his rights to leave of absence, pension, and retirement age, cannot be amended after his appointment.
• The Consolidated Fund of India is in charge of the CAG’s office’s administrative costs, which include all salary, allowances, and pensions for individuals who work there.
• As a result, they are exempt from parliamentary scrutiny.

• Source – The Hindu – 01/12/21 – Page Number 10

4 – HOW THE INDIAN CITIZENSHIP IS RENOUNCED:

GS II

Topic – Indian Constitution & Citizenship Provisions

• Background:
• New rules have been announced by the Ministry of Home Affairs (MHA) to make the process of renunciation of citizenship easier for Indians who desire to do so.
• Two of the new laws’ simplified components are the ability to upload documents online and the completion of the renunciation process in 60 days.
• A portion of the new form requires the Indian citizen to explain why he or she is surrendering citizenship.
• The uploaded documents must be submitted to the District Magistrate if a citizen of India or an Indian Mission is located outside of India. The candidate will be interviewed before receiving the final certificate.
• Furthermore, the Citizenship Act of 1955 states that “any minor child of that individual shall thereupon cease to be a citizen of India.”
• Concerns about the guidelines: It’s unclear whether children will lose their Indian citizenship if only one of their parents does.
• The Citizenship Act of 1955 establishes three ways for a person to lose his or her citizenship:
• Renunciation: Any Indian citizen of full age and capacity may declare that he or she no longer wishes to be an Indian citizen.
• A declaration like this might not be acceptable during a conflict.
• Minor children of someone who has renounced citizenship may also lose their Indian citizenship. When their children attain the age of eighteen, he may reclaim Indian citizenship.
• By termination: If an Indian citizen chooses to become a citizen of another country, he relinquishes his Indian citizenship.
• This clause, however, does not apply during times of conflict.
• By deprivation: If the following conditions are met, the federal government must terminate Indian citizenship:
• He was able to get citizenship through misrepresentation.
• The Indian Constitution has been betrayed by a citizen.
• Citizens have unlawfully shared or communicated during times of conflict.
• Within five years of naturalisation, the citizen is condemned to two years in prison.
• The citizen has been normally living outside of India for the past seven years.

• Source – The Hindu – 01/12/21 – Page Number 9

5 – ABOUT THE CHIEF ECONOMIC ADVISOR

Prelims Specific Topic

• The Indian government’s Chief Economic Advisor (CEA) gives recommendations on money, business, commerce, and the economy.
• The CEA reports directly to the Minister of Finance. The CEA is in charge of the Economic Division of the Department of Economic Affairs (DEA).
• The Economic Division researches economic trends in the United States and around the world. Economic research and studies on economic policy and management are conducted by it. It provides research-based advice to the Indian government.
• The Office of the Economic Advisor is a subsidiary of the Ministry of Commerce and Industry (OEA).

• Source – The Hindu – 01/12/21 – Page Number 1