Two Years Current

Affairs of Polity
Class 12 : Acts and amendments

Arvind Singh Rajpurohit

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About Me!
• UPSC Journey : • Work Experience : I have more than 6
1. Given 5 Mains of UPSC CSE years of teaching experience
2. In 2019 UPSC Prelims scored 143.34/200 1. Currently , working as Joint Director in
Marks H.V. Desai Competitive Exam Centre
3. In 2018 Scored 296/500 marks in Political 2. Have taught various subjects in different
Science and International Relations institutes of Pune such as Jnana
4. In 2016 total of all GS Subjects : 426/1000 Prabodhini , Pune University CEC etc
Marks 3. Worked as Associate Software Engineer
at Symantec.
• Subject Taught :
1. Theme-Wise/Weekly Current Affairs • Educational Qualification :
2. Political Science and International 1. BE- IT from Pune Institute of Computer
Relations Technology
3. GS 2 – Polity, Governance and 2. LLB from New Law College Pune
International Relations 3. MA – in History and Political Science
4. Science and Technology 4. UGC- NET JRF in Political Science
5. Economy 5. MBA in Finance from Pune University

Other Interests :
1. Travelling : Travelled 9 Countries , more than 15 Indian states
2. Watching TV Series
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3. Horse Riding
 Theme-wise Current Affairs for
UPSC Prelims 2023

1. Science & Technology 2. Social Issues 3. Environment 4. Polity

5. Economy 6. International Events

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What are the Seven Principles of the 2022
Bill?
• Firstly, usage of personal data by organisations must be done in a manner that
is lawful, fair to the individuals concerned and transparent to individuals.
• Secondly, personal data must only be used for the purposes for which it was
collected.
• The third principle talks of data minimisation.
• The fourth principle puts an emphasis on data accuracy when it comes to
collection.
• The fifth principle talks of how personal data that is collected cannot be “stored
perpetually by default” and storage should be limited to a fixed duration.
• The sixth principle says that there should be reasonable safeguards to
ensure there is “no unauthorized collection or processing of personal data”.
• Seventh principle states that “the person who decides the purpose and means of
the processing of personal data should be accountable for such processing”.

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What are the Key Features of the Digital
Personal Data Protection Bill?
• Data Principal and Data Fiduciary:
• Data Principal refers to the individual whose data is being collected.
• In the case of children (<18 years), their parents/lawful guardians will be considered
their “Data Principals”.
• Data Fiduciary is the entity (individual, company, firm, state etc), which decides
the “purpose and means of the processing of an individual’s personal data”.
• Personal Data is “any data by which an individual can be identified”.
• Processing means “the entire cycle of operations that can be carried out in respect of
personal data”.
• Significant Data Fiduciary:
• Significant Data Fiduciaries are those who deal with a high volume of personal data.
The Central government will define who is designated under this category based on a
number of factors.
• Such entities will have to appoint a ‘Data protection officer’ and an independent Data
Auditor.

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Rights of Individuals
• Access to Information:
• The bill ensures that individuals should be able to “access basic information” in
languages specified in the eighth schedule of the Indian Constitution.
• Right to Consent:
• Individuals need to give consent before their data is processed and “every individual
should know what items of personal data a Data Fiduciary wants to collect and
the purpose of such collection and further processing”.
• Individuals also have the right to withdraw consent from a Data Fiduciary.
• Right to Erase:
• Data principals will have the right to demand the erasure and correction of data
collected by the data fiduciary.
• Right to Nominate:
• Data principals will also have the right to nominate an individual who will exercise
these rights in the event of their death or incapacity.

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Features of the Digital Personal Data
Protection Bill
• Data Protection Board: the Government can access data of
• The Bill also proposes to set up a Data Indians from there.
Protection Board to ensure compliance • Financial Penalties:
with the Bill. • For Data Fiduciary:
• In case of an unsatisfactory response • The bill proposes to impose significant
from the Data Fiduciary, the consumers penalties on businesses that undergo
can file a complaint to the Data data breaches or fail to notify users
Protection Board. when breaches happen.
• The penalties will be imposed ranging
• Cross-border Data Transfer: from Rs. 50 crores to Rs. 500 crores.
• The bill allows for cross-border storage • For Data Principal:
and transfer of data to “certain • If a user submits false documents while
notified countries and territories” signing up for an online service, or files
provided they have a suitable data frivolous grievance complaints, the user
security landscape, and could be fined up to Rs 10,000.

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Exemptions
• The government can exempt certain businesses from adhering to
provisions of the bill on the basis of the number of users and the
volume of personal data processed by the entity.
• This has been done keeping in mind startups of the country who had
complained that the Personal Data Protection Bill, 2019 was too “compliance
intensive”.
• National security-related exemptions, similar to the previous 2019
version, have been kept intact.
• The Centre has been empowered to exempt its agencies from adhering to
provisions of the Bill in the interest of sovereignty and integrity of India,
security of the state, friendly relations with foreign states, maintenance of
public order or preventing incitement to any cognisable offence.

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Why is Digital Personal Data Protection Bill
Significant?
• The new Bill offers significant concessions on cross-border data
flows, in a departure from the previous Bill’s contentious requirement
of local storage of data within India’s geography.
• It offers a relatively soft stand on data localisation requirements and
permits data transfer to select global destinations which is likely
to foster country-to-country trade agreements.
• The bill recognises the data principal's right to postmortem privacy
(Withdraw Consent) which was missing from the PDP Bill, 2019 but
had been recommended by the Joint Parliamentary Committee
(JPC).

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How has India Strengthened Data Protection
Regime?
• Justice K. S. Puttaswamy (Retd) vs with a draft Data Protection Bill.
Union of India 2017: • The Report has a wide range of
recommendations to strengthen privacy
➢In August 2017, a nine-judge bench of law in India including restrictions on
the Supreme Court in Justice K. S. processing and collection of data, Data
Puttaswamy (Retd) Vs Union of Protection Authority, right to be
India unanimously held that Indians forgotten, data localisation etc.
have a constitutionally • Information Technology
protected fundamental right to
privacy that is an intrinsic part of life (Intermediary Guidelines and
and liberty under Article 21. Digital Media Ethics Code) Rules
• B.N. Srikrishna Committee 2017: 2021:
➢IT Rules (2021) mandate social media
➢Government appointed a committee of platforms to exercise greater diligence
experts for Data protection under the with respect to the content on their
chairmanship of Justice B N platforms.
Srikrishna in August 2017, that
submitted its report in July 2018 along

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What Data Protection Laws are there in Other
Nations?
• European Union Model:
➢The General Data Protection Regulation focuses on a comprehensive data
protection law for processing of personal data.
➢In the EU, the right to privacy is enshrined as a fundamental right that seeks to
protect an individual’s dignity and her right over the data she generates.
• China Model:
• New Chinese laws on data privacy and security issued over the last 12 months
include the Personal Information Protection Law (PIPL), which came into effect in
November 2021.
• It gives Chinese data principals new rights as it seeks to prevent the misuse of personal data.
• The Data Security Law (DSL), which came into force in September 2021, requires
business data to be categorized by levels of importance, and puts new restrictions
on cross-border transfers.

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US Model
• There is no comprehensive set of privacy rights or principles in the
US that, like the EU’s GDPR, addresses the use, collection, and
disclosure of data.
• Instead, there is limited sector-specific regulation. The approach
towards data protection is different for the public and private sectors.
• The activities and powers of the government vis-a-vis personal information
are well-defined and addressed by broad legislation such as the Privacy
Act, the Electronic Communications Privacy Act, etc.
• For the private sector, there are some sector-specific norms.

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Right to Privacy & Right to be Forgotten
• Why in News
➢A case was filed by an actor in the
Delhi High Court, pleading to
remove the videos that were
uploaded on the online platforms,
without her consent.
▪ The court observed that the right to
privacy of the woman is to be
protected.
▪ On the other hand, online platforms
questioned their right to publish. (
Aug 2021)

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Key Points
• Judgement: Right to privacy includes the right to be forgotten and the right to be left
alone.
• About the Right to Privacy: In Puttaswamy v. Union of India case, 2017, the Right to
Privacy was declared a fundamental right by the Supreme Court.
➢ Right to privacy is protected as an intrinsic part of the right to life and personal liberty under
Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
• About Right to be Forgotten (RTBF): It is the right to have publicly available personal
information removed from the internet, search, databases, websites or any other public
platforms, once the personal information in question is no longer necessary, or relevant.
➢ The RTBF gained importance after the 2014 decision of the Court of Justice of the European
Union (“CJEU”) in the Google Spain case.
➢ In the Indian context, the Supreme Court in Puttaswamy v. Union of India, 2017 noted that the
RTBF was a part of the broader right of privacy.
▪ The RTBF emerges from the right to privacy under Article 21 and partly from the right to dignity under Article
14.
• About the Right to be Left Alone: It doesn’t mean that one is withdrawing from society.
It is an expectation that society will not interfere in the choices made by the person so
long as they do not cause harm to others.
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Issues Associated with RTBF:
• Privacy vs. Information: The existence of RTBF in a given situation depends on its
balancing with other conflicting rights such as the right to free expression or other
publication rights.
➢ For example, a person may want to de-link information about his criminal records and make it
difficult for people to access certain journalistic reports when they google him.
➢ This brings the person’s right to be left alone, derived from Article 21, directly in conflict with the
rights of the media to report on issues, flowing from Article 19.
• Enforceability Against Private Individuals: The RTBF will normally be claimed against a
private party (a media or news website).
➢ This raises the question of whether fundamental rights can be enforced against the private
individual, which is generally enforceable against the state.
➢ Only Article 15(2), Article 17 and Article 23 provides protection against a private act of a private
party that is challenged based on its violation of the Constitution.
• Ambiguous Judgements: In recent years, without a data protection law to codify RTBF,
there are some inconsistent and peculiar adjudications of the right by various high
courts.
➢ Courts in India have repeatedly either accepted or rejected the application of RTBF while
completely ignoring the wider constitutional questions associated with it.
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Assisted Reproductive Technology
• Why in News?
➢The Kerala High Court has said
that personal choice to build a
family is a fundamental right and
fixing an upper age limit for the
same was a restriction which needs
a relook.(January 2023)

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What is the Issue?
• The court passed the directive while • The High Court has directed the National
disposing of a batch of petitions Assisted Reproductive Technology and
challenging the age limit of 50 years for Surrogacy Board to alert the Union
women and 55 years for men prescribed government about the need for having a
under the Assisted Reproductive relook at the upper age limit prescribed for
Technology (ART) (Regulation) Act, 2021, using assisted reproductive technology.
for undergoing the assisted reproductive • Apart from this, the petitioners have
technology. also challenged the provision wherein
• According to the petitioners, prescription medical practitioners have been brought
of the upper age limit under Section 21 within the purview of the Indian Penal
(G) of the ART Act is irrational, arbitrary, Code (IPC) and offences have been made
unreasonable and violative of their right to cognizable.
reproduction, which is acknowledged as • These provisions are having a chilling effect
a fundamental right. on IVF practitioners across the country
• They sought to declare it as dissuading them from performing their
unconstitutional. professional duties due to the fear of
prosecution.
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What are the Provisions of the ART
(Regulation) Act, 2021?
• Legal Provisions:
➢The ART (Regulation) Act 2021 provides a system for the implementation of the
law on surrogacy by setting up of the National Assisted Reproductive Technology and
Surrogacy Board.
➢The Act aims at the regulation and supervision of ART clinics and assisted
reproductive technology banks, prevention of misuse, and safe and ethical practice
of ART services.
• Definition of ART Services:
➢The Act defines ART to include all techniques that seek to obtain a pregnancy by
handling the sperm or the oocyte (immature egg cell) outside the human body and
transferring the gamete or the embryo into the reproductive system of a woman.
These include gamete donation (of sperm or egg), in vitro fertilization (IVF), and
gestational surrogacy.
➢ART services will be provided through: (i) ART clinics, which offer ART related
treatments and procedures, and (ii) ART banks, which collect, screen and store
gametes.
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What are the Provisions of the ART
(Regulation) Act, 2021?
• Eligibility Criteria for Donors:
➢ A bank may obtain semen from males between 21 and 55 years of age, and eggs from
females between 23 and 35 years of age. The woman may donate eggs only once in her life
and not more than seven eggs may be retrieved from her. A bank must not supply gamete of
a single donor to more than one commissioning party (i.e., couples or single women seeking
services).
• Conditions for Offering Services:
➢ ART procedures must be conducted only with the written consent of the commissioning
parties and the donor. The commissioning party will be required to provide insurance
coverage in favour of the egg donor (for any loss, damage, or death).
• Rights of a child born through ART:
➢ A child born through ART will be deemed to be a biological child of the commissioning
couple and will be entitled to the rights and privileges available to a natural child of the
commissioning couple. A donor will not have any parental rights over the child.

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Shortcomings
• Exclusion of Unmarried and Heterosexual Couples:
➢The Act excludes unmarried men, divorced men, widowed men, unmarried yet
cohabiting heterosexual couples, trans persons and homosexual couples (whether
married or cohabiting) from availing ART services.
➢This exclusion is relevant as the Surrogacy Act also excludes above said persons from
taking recourse to surrogacy as a method of reproduction.
• Reduces the Reproductive Choices:
➢The Act is also limited to those commissioning couples who are infertile - those
who have been unable to conceive after one year of unprotected coitus. Thus, it is
limited in its application and significantly reduces the reproductive choices of those
excluded.
• Unregulated Prices:
➢The prices of the services are not regulated, this can certainly be remedied with
simple directives.

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Way Forward
• Mandatory counselling should be provided by independent
organizations, not by clinic ethics committees.
• All ART bodies should be bound by the directions of central and state
governments in the national interest, friendly relations with foreign
states, public order, decency and morality.
• All the constitutional, medico-legal, ethical and regulatory concerns
raised must be thoroughly reviewed before affecting millions.

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Anti-Defection Law
• Why in News
➢The unfolding political crisis in
Maharashtra has thrown the spotlight
on the anti-defection law, and the
roles of the Deputy Speaker and the
Governor. ( July 2022 )
➢Recently, the Calcutta High Court has
given West Bengal Assembly Speaker a
deadline to pass an order in
the defection case involving a
Member of Legislative Assembly
(MLA). (Oct 2021)

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About:
• The anti-defection law punishes encouraging or accepting defecting legislators.
individual Members of Parliament ➢ As per the 1985 Act, a 'defection' by one-third of
(MPs)/MLAs for leaving one party for another. the elected members of a political party was
considered a 'merger'.
• Parliament added it to the Constitution as ➢ But the 91st Constitutional Amendment Act, 2003,
the Tenth Schedule in 1985. Its purpose was changed this and now at least two-thirds of the
to bring stability to governments by members of a party have to be in favour of
discouraging legislators from changing parties. a "merger" for it to have validity in the eyes of the
➢ The Tenth Schedule - popularly known as the Anti- law.
Defection Act - was included in the Constitution via • The members disqualified under the law
the 52nd Amendment Act, 1985 and sets the
provisions for disqualification of elected members can stand for elections from any political party
on the grounds of defection to another political for a seat in the same House.
party.
➢ It was a response to the toppling of multiple state
• The decision on questions as to disqualification
governments by party-hopping MLAs after the on ground of defection are referred to the
general elections of 1967. Chairman or the Speaker of such House, which
is subject to ‘Judicial review’.
• However, it allows a group of MP/MLAs to join ➢ However, the law does not provide a time-
(i.e. merge with) another political frame within which the presiding officer has to
party without inviting the penalty for defection. decide a defection case.
And it does not penalise political parties for
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Grounds of Disqualification:
• If an elected member voluntarily gives up his membership of a
political party.
• If he votes or abstains from voting in such House contrary to any
direction issued by his political party or anyone authorised to do so,
without obtaining prior permission.
➢As a pre-condition for his disqualification, his abstention from voting should
not be condoned by his party or the authorised person within 15 days of such
incident.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of
six months.

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Related Issues:
• Undermining Representative & Parliamentary • Subversion of Electoral Mandates:
Democracy: ➢ Defection is the subversion of electoral mandates
➢ After enactment of the Anti-defection law, the MP by legislators who get elected on the ticket of one
or MLA has to follow the party’s direction blindly party but then find it convenient to shift to
and has no freedom to vote their judgment. another, due to the lure of ministerial berths or
➢ Due to Anti-Defection law, the chain of financial gains.
accountability has been broken by
making legislators accountable primarily to the
• Affects the Normal Functioning of
political party. Government:
➢ The infamous “Aaya Ram, Gaya Ram” slogan was
• Controversial Role of Speaker: coined against the background of continuous
➢ In many instances, the Speaker (usually from the defections by the legislators in the 1960s. The
ruling party) has delayed deciding on the defection leads to instability in the government
disqualification. and affects the administration.
• No Recognition of Split: • Promote Horse-Trading:
➢ Due to the 91st amendment, the anti-defection law ➢ Defection also promotes horse-trading of
created an exception for anti-defection rulings. legislators which clearly go against the mandate of
a democratic setup.
➢ However, the amendment does not recognise a
‘split’ in a legislature party and instead recognises
a ‘merger’.

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Suggestions:
• The Election Commission has suggested it should be the deciding
authority in defection cases.
• Others have argued that the President and Governors should hear
defection petitions.
• The Supreme Court has suggested that Parliament should set up an
independent tribunal headed by a retired judge of the higher
judiciary to decide defection cases swiftly and impartially.
• Some commentators have said the law has failed and recommended
its removal. Former Vice President Hamid Ansari has suggested that it
applies only to save governments in no-confidence motions.
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Way Forward
• If government stability is an issue due to people defecting from their
parties, the answer is for parties to strengthen their internal part of
democracy.
• There is an ardent need for legislation that governs political parties in
India. Such a law should bring political parties under RTI, strengthen intra-
party democracy, etc.
• Chairman/Speaker of the house, being the final authority in terms of
defection, affects the doctrine of separation of powers. In this context,
transferring this power to higher judiciary or to Election Commission may
curb the menace of defection.
• In order to shield the detrimental effect of the anti-defection law on
representative democracy, the scope of the law can be restricted to only
those laws, where the defeat of government can lead to loss of confidence.

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Amendments to Foreign Contribution
(Regulation) Act
• Why In News ?
➢Recently, the Ministry of Home
Affairs amended certain
provisions of the Foreign
Contribution (Regulation) Act
(FCRA). ( July 2022)

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What is the FCRA?
• About: those funds only for the purpose for which
• The FCRA was enacted during the they have been received and as stipulated in
Emergency in 1976 in an atmosphere of the Act.
apprehension that foreign powers were • The Act prohibits receipt of foreign funds by
interfering in India’s affairs by pumping in candidates for elections, journalists or
funds through independent organisations. newspaper and media broadcast
• These concerns had been expressed in companies, judges and government servants,
Parliament as early as in 1969. members of legislature and political parties
or their office-bearers, and organisations of a
• The law sought to regulate foreign political nature.
donations to individuals and associations so
that they functioned “in a manner consistent • Amendments:
with the values of a sovereign democratic • It was amended in 2010 to “consolidate the
republic”. law” on utilisation of foreign funds, and “to
• Objectives: prohibit” their use for “any activities
detrimental to national interest”
• It requires every person or NGO wishing to
receive foreign donations to be registered • The law was amended again by the current
under the Act, to open a bank account for government in 2020, giving the government
the receipt of the foreign funds and to utilise tighter control and scrutiny over the receipt
and utilisation of foreign funds by NGOs.

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What are the Key Changes?
• It allows Indians to receive up to Rs 10 lakh annually from their relatives abroad
under FCRA.
• The limit earlier was Rs 1 lakh.
• If the amount exceeds, the individuals will now have 90 days to inform the government
instead of 30 days earlier.
• It has given individuals and organisations or NGOs 45 days for the application of
obtaining 'registration' or 'prior permission' under the FCRA to receive funds.
• Earlier it was 30 days.
• Organisations receiving foreign funds will not be able to use more than 20 % of
such funds for administrative purposes.
• This limit was 50 % before 2020.
• Made five more offences under the FCRA “compoundable”, making 12, instead
of directly prosecuting the organisations or individuals.
• Earlier, only seven offences under the FCRA were compoundable.

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What are Compoundable Offences?
• Compoundable offences are those offences where, the complainant
(one who has filed the case, i.e., the victim), enter into a
compromise, and agrees to have the charges dropped against the
accused. However, such a compromise should be a "Bonafide," and
not for any consideration to which the complainant is not entitled to.
• The FCRA violations which have become compoundable now
include failure to intimate about receipt of foreign funds, opening of
bank accounts, failure to place information on website, etc.

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What is the Significance of the Move?
• Enhances Remittances:
➢It will curb the outflow of funds and on the other hand
enhancing inward Remittances.
• Stabilise forex Reserves:
➢It will lead to an increase in inflow of funds into India which will stabilise the forex
reserves and also the currency.
➢Similarly, an increase in import duty on gold from 7.5 % to 12.5 % will discourage
gold import as it will result in an increase in the price of gold in India.
• Reduces Trade Deficit:
➢An increase in inflow of funds and reduction in outflow of funds on account of gold
imports will help reduce the trade deficit.
• The trade deficit in the month of April and May 2022 stood at a high of USD 20.1 billion and
USD 24.6 billion respectively making an aggregate of USD 44.7 billion in two months.
• By comparison the trade deficit in April and May 2021 stood at USD 21.8 billion.

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