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What are the bills, laws and policies that are important to study for the Civil Services Exam?

This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)

I am lower middle class. Should I be a Republican or a Democrat?

If you are lower middle class, you are working, paying taxes, and you don't qualify for many of the benefits that the underpriviledged receive. But you are dependent on the public school system, you are struggling to maintain health insurance on your own or you are hoping to hold onto health insurance through your work. You want to depend on Medicare and Social Security when you retire but you hear gloomy predicitions that both will be short of cash when your time comes.Here are some reasons that you in particular might want to be a Republican in America:1. Your family depends on our public school system. Despite large increases in funding, our public schools are failing our kids, especially in urban areas. Either our kids aren't graduating, or they're graduating with minimal skills in writing, math and science.The upper middle class have a choice and have chosen to take their kids out of public schools. Republicans would like to break the lock that the teacher's unions have had on our public school system and allow parents to have vouchers and school choice. Why should your child be stuck going to a failing school when there's a better school 2 miles down the road?Democrats and teacher's unions have a hand in glove relationship. The unions through donations elect Democratic officials who keep raising salaries, protecting tenure (even in the most aggregiously failing teachers), and extending benefits. As examples, in Los Angeles, almost 80% of the school budget is swallowed by teachers'/administrators' salaries and benefits. Read about the "Rubber Room" in New York City where hundreds of teachers aren't allowed to teach but can't be fired and have to show up and sit doing nothing to collect salary and benefits. It's great system for the lousy and mediocre teachers and a terrible system for the excellent teachers and for our kids.If you want a taste if how bad it is, see the movie "Waiting for Superman" as underprivileged parents and kids desperately hope for admission to a charter school to get out of their neighborhood public school. They act as if their kid's lives depended on getting in. They seem to know a lot more about what's going on in their local schools than we do.Waiting for "Superman" | Official Site2. You were told that the ACA would help lower the cost of medical insurance and and also improve the economy. But you find that your insurance rates are raising to help pay for the extra provisions that have to be included into your insurance plan including things like excluding pre-existing conditions. In fact the insurance rates have increased for the business you work for by 15-20% and they want you to pay more for insurance.In Colorado, Obamacare to Increase Individual Insurance Premiums by 19%, Says Obama Adviser - ForbesMatthews and Litow: ObamaCare's Health-Insurance Sticker ShockOr you work for a company that wants to cut your hours to less than 30 a week so that they won't have to provide you health insurance. This is even happening to college professors. Is this what was promised in the ACA?College Cutting Faculty Hours To Avoid Obamacare Requirement"November 12, 2012, a New York Applebee's owner CEO Zane Tankel with 40 locations announced that due to the Affordable Care Act, he will be cutting back worker's hours to avoid paying for medical insurance. Tankel isn't alone.Just last week John Schnatter owner of Papa John's announced he will reduce employee hours from 40 to 28 beginning January 1, 2013. The average pay per hour for Papa John's workers is $7.25 and the reduction in hours will reduce their pay by $87 per week. This is a significant difference in take home pay resulting in $203 per week in gross pay."2013: Small businesses cut employee hours to avoid healthcare insurance (Video)3. "It's still the economy, stupid". Any increase in fuel and energy cost adversely affects your tight budget. You'd like a clean evironment as much as the next guy. But do you know that EPA regulations to cap emissions are increasing fuel costs and depressing the economy?New EPA regulations under Obama's direction try to regulate and restrict our usual sources of energy production and manufacturing. This is despite that fact that our CO2 emissions have unpredictably decreased already. Meanwhile, the economies of China, Russia, Koream India and Latin American countries proceed ahead without similar restrictions. Here's what Susan Collins, a very moderate Republican Senator has to say on just one of the new regulations:"Meanwhile, the Environmental Protection Agency proposed a new rule on fossil-fuel emissions from boilers that—by the EPA's own admission—would cost the private sector billions of dollars and thousands of jobs. The owner of a small business in Maine told me the proposed rule would require him to scrap a new, $300,000 wood waste boiler he recently installed."Susan Collins: The Economy Needs a Regulation Time-Out4. Social Security and Medicare costs are rapidly rising. Most polls show that Americans want to keep their benefits but aren't confident that they'll be there when it's their turn. Republicans want to reform these entilements so that they will be available for future generations. Democrats don't want to change anything about entitlements with the idea that everything can continue as is. This defies every analysis on viability.When Social Security was enacted. The average life expectancy was 63 and the program kicked in at 65. Now the average life expectancy is approaching 85. Isn't it unreasonable to expect that the retirement age shouldn't rise? Similarly when Medicare was enacted no one imagined that 80 year olds would be having 2nd and 3rd hip replacements or that chemotherapy would cost two hundred thousand dollars a year to extend life by 3 months."The actual liabilities of the federal government—including Social Security, Medicare, and federal employees' future retirement benefits—already exceed $86.8 trillion, or 550% of GDP. For the year ending Dec. 31, 2011, the annual accrued expense of Medicare and Social Security was $7 trillion. Nothing like that figure is used in calculating the deficit. In reality, the reported budget deficit is less than one-fifth of the more accurate figure."Cox and Archer: Why $16 Trillion Only Hints at the True U.S. DebtDoes anyone really think that without reform or changes which Democrats universally oppose (they deny that the ACA has changed Medicare), these two programs can proceed apace? Are the Republican proposals to raise the retirement age, means test social security benefits, change the way inflation is indexed, and have wealthier Americans subsidize their Medicare benefits unreasonable? Or might these changes help preserve the benefits for those Americans that need it the most?

What is law?

The question is one of the oldest since man began to live together under a system of rules. Answers will vary, depending on the education and understanding of the individual providing the answer, and will often exclude in one answer what another would consider mandatory. So I want to be very careful as I provide this answer.Fist item to consider is whether you want a philosophical answer – one that considers the nature of law – or do you want a practitioner’s definition. The latter would give us a definition that is (hopefully) easy to understand and provide a few examples. Not knowing which of the two, or even if you have another type of requirement for an answer, I’ll at least try to give you a short answer for each.Remember, though, that a lawyer is someone who can write 75,000 words and still call it a “brief.” Okay, bad law jokes aside, here’s a practitioner’s answer with a couple extra goodies to help define the concept of law.Law is a set of defined rules of conduct necessary to address or prevent wrongdoing in the society. This definition, like many similar, has three parts (or, as we refer to parts in the law: elements). The first is that law is defined rules. I’ll touch on each of these individually as I move along. Second, laws regulate conduct. Finally, law is meant to address or prevent a wrongdoing in society.Let’s break the last one down a bit before continuing. In law, especially criminal law, we often see that the individual law either requires an act, known as prescriptive, or prevents one from acting, proscriptive. As an example, a prescriptive law might be the order to stop at all red traffic lights. In this example we would argue that with a prescriptive nature – the requirement to take a particular action – then there is no actual requirement to not act but instead a "positive" duty to in fact come to a stop.Another example of prescriptive law is the obligation of a health care worker or school teacher to report child abuse or neglect. Any law that requires the person to act is prescriptive. This can get confusing at time when we consider proscriptive law, which is the requirement to not do something.In our traffic light example, it is easy to argue that the law actually requires that the person not pass through a red light. One might ask what difference it would make when dealing with something so simple? The idea is to get the person to come to a stop at a red light. The difference is both one of clarity (an overly vague law is by its nature unconstitutional) and enforceability. A traffic law is often classified as a “violation,” which means that it is the lowest level in the criminal law sense. Like more severe actions, we often look to a question of affirmative act in order to create a criminal culpability (guilt).A law that requires no action may not actually be enforceable. After all, just doing nothing is usually no violation of law. Except in some instances, doing nothing actually creates a greater wrong in another sense. That is our example of reporting child abuse or neglect. Since prescription is trying to get someone to act in a particular fashion, we want that act to be affirmative (meaning that it is both conscious and intended in some fashion). Thus, the failure to act in a specified manner - coming to a stop - is the affirmative violation.A law that is based on an inaction, therefore, can be enforceable when the inaction is considered a failure to act. So, back to our red-light problem. This particular violation is of a prescriptive law because it requires the person to take action to prevent the entry or movement through the defined area when done both by an intended act or when done by a negligent or wreckless act. Now consider the requirement to report, absent a requirement on doctors and teachers we might see more child abuse being concealed, thereby creating a situation where harm in multiplied rather than neutralized.Let’s consider the question of proscriptive law. Again, if we work from the original definition then we can see how a law can demand that a person not take a specific act. This one is easy to see when we consider something like pollution. Because an incorporated business becomes a legal “person” under the law it can now be required to act or refrained from acting. As an example, a large widget manufacturer is locaated near a river. Widgets are produced but there is a natural byproduct of a carbonic acid (with apologies to my son the chemist if I got the term wrong).The problem is that while widgets may be a legal substance to own, and it has very well defined positive properties, the byproduct creates a natural danger to the environment. So we invent the agency called the “Environmental Protection Agency,” and hope that they can operate away from the dirty world of politics. In that way, the agency can enforce laws that require a person, either corporeal or corporate, from producing any product that is harmful, however slight, to the “Slightly Emaciated Paris Hilton Frog” that grows in the river near the factory. In other words, by proscribing the company from dumping the acid in the river we save what I hope was a humorously named frog specie from becoming extinct.As I bring the practitioner’s definition to a close I must add one more item, which is descriptive law. A descriptive law – or a part of another type of law – is primarily used to describe the act or the injury we are trying to prevent. The United States has just gone through a very difficult time in establishing a new form of descriptive law. The issue was marriage and the primary question was who, as members of the society, is entitled to be “married.”The Supreme Court of the United States provided, at least from a lay person’s standpoint, a new description of marriage when it upheld the “right” of “LGBT” individuals to marry. In the various states and at the federal level there were both inherent rights (those that naturally arise to the individual) and defined rights (those that must be recognized as a right) that dealt with, in some fashion, the issue of “gay marriage.” As an example, a significant number of states either created new law through legislation that defined marriage and may even restrict the class of persons who may become married. Other states may have used an amendment to the state’s constitution. Still other states used the same procedures to create law allowing or recognizing the ability to marry to more than just a single man and a single woman (both single in the sense of oneness and single as in the sense of unmarried).The point here is that as a practitioner the descriptive law of gay marriage did not exist absent a Supreme Court decision. What the Supreme Court did was not so much create a new law of marriage as create an interpretation of the law of marriage. In many instances, a law or set of laws may create both a descriptive formula as well as a prescriptive or proscriptive obligations.Let’s now step away from a practitioner approach to what might we consider valid discussion when defining what is law and turn now to the philosophical or theoretical side. It is important to understand that the idea of law and what it is that can be law has many unique and often complicated explanations or definitions. A lawyer is typically only concerned with what the law is, as in what is required or restricted. For the legal theorist, though, the question is much broader and centers on two concepts that I will discuss briefly at this point.For the moment, let’s keep our initial discussion to some simple ideas, and the first of these is very similar to the initial definition of law we used for the practitioner. For the theorist, law is a set of rules based on the norms of a given society. In this sense we would quickly see that what is acceptable in one country, such as France, is not necessarily acceptable in another, let’s say Iran. I chose these two countries because they will help me to introduce a second concept necessary to answer the question, and that is the origination of law or even the need for law.We know that some countries, in this case I’m using Iran, have law that is closely tied to a set of religious principles. A country that has this sort of law usually has a very dominating majority and the “rights” of the minority may not be as important as the need to follow certain religious rules. This type of law requires a belief in a supreme entity, if not multiple entities, and the idea that without adherence to the religious ideologies there would either be an eternal loss (such as the concept of hell) or a denial of the eternal reward.For the theorist, this approach creates a number of theories and methods of study for the relative nature of the law. Other areas where legal theory applies is natural law, that which occurs – similar to the laws of science – within nature and there is no need for a supreme being. As an example, the natural theory of law may include a sub-theory or domain in which the law has always existed and only comes to be seen/acknowledged when man’s actions require the identification of the already existing law and the defining of the specific elements of that law.A good way to understand this is to think of property law and then computers. As we began to develop the concept of ownership, and then apply it to the existing land/water, there is a need to now “discover” the already existing law of property. Some theorist would argue that the law always existed and only when needed was it discovered.What this would mean is that society would move along in time with the law of trespass to the property of another being a discovered and then applied natural law. When computers were made, there already existed a form of property law that applied to both the physical side of computing and then to the programming side. Like our law of trespass onto another's property, the unauthorized electrical intrusion into to another person's computer files is trespass. And like the land associated trespass, the law of computer trespass always existed and is only discovered because we developed computers.One last theoretical shot at this definition and then I’ll turn it over to others. One of my favorite modern theorist is Ronald Dworkin (if you get a chance to read Justice for Hedgehogs or Laws Empire then try them). In my opinion, Dworkin is to legal philosophy what Einstein was to physics.In the early ‘80s Dworkin concentrated his thesis associated with an anti-positivist legal theory and created what we know today as The General Theory of Interpretation. This placed a strong emphasis on the idea that each law is not already present but must in fact be created when there has been a “profound interpretative nature.” The theoretical side of law, as one quickly realizes when reading Dworkin, is often very complicated and requires a very different approach to law than does the practitioner’s side. So let’s explore just a bit more using Dworkin and see if I can tie the two ends of the answer together.Dworkin's interpretative theory of law is best measured when we understand that there are two primary parts to the thesis. The first part maintains that when determining what the law requires we must initially define for each and every particular case the foundational “interpretative reasoning.”What this means is that it is not enough to simply say that “under the law A has a right/duty to B.” The law is much more complicated than that.That seems a bit odd, especially if we are still using a practitioner’s perspective. As a lawyer before the court we only care what the law requires or forbids either of our client or by the other acting against our client. For Dworkin, this form of analysis was overly simplistic, even though it is a part of the “positivist” approach to law. The reason is that the act of law requires no interpretation to determine it’s relative correctness as a law, and there is no required “interpretive reasoning.” After all, other writers have suggested, a jury can determine the simple question of doing or refraining from doing the act in question. That will not mean the law is right. For the theorist there is a much deeper meaning and understanding required.Now let’s look at Dworkin’s second part. It holds that interpretation always involves evaluative considerations. Stated slightly different, interpretation is neither purely a matter of determining facts, nor is it a matter of evaluative judgment alone, but is instead an inseparable mixture of both.How does this apply for us?At the risk of oversimplifying Dworkin or the initial question, what law is requires society – through its leaders – to determine for every instance (reporting child abuse, gay marriage or failure to stop at a red light) what the facts are (or will be) and then what is the evaluative judgment that will be required?To bring all this to a close, I think for the moment we might best define what law is by saying that it is a set of rules, defined by the society, which regulates conduct but only by first considering what the potential facts will be and then what those facts will lead us to when applying a reasonable level of evaluative judgment.

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