CITIZENSHIP AMENDMENT ACT

The first batch of citizenship certificates were physically given to 14 applicants on Wednesday, two months after Union Home Secretary Ajay Bhalla announced the guidelines for implementing the Citizenship (Amendment) Act, which was passed by Parliament in December 2019.

Context:

• The CAA was enacted four years ago, but it was not put into effect until lately because no one was informed of the regulations.When the schedule for the Lok Sabha elections was announced, the Center informed the CAA.

About CITIZENSHIP AMENDMENT ACT :

• The Indian Parliament passed the Citizenship Amendment Act, 2019 (CAA) on December 11, 2019.
• The CAA aims to facilitate the naturalization process for Indian nationals for those who have been persecuted in neighboring nations.
• The Citizenship measure of 1955 was modified by this measure.
• For undocumented immigrants who arrived in India before December 31, 2014, there is the CAA.
• It includes refugees from Pakistan, Bangladesh, and Afghanistan.It specifically helps people who practice Buddhism, Jainism, Parsi, Hinduism, Sikhism, and Christianity.
• These nations’ Muslims are not eligible for this under CAA.
• A foreign national who enters the nation without a valid passport or visa, or who comes with a legitimate document but remains longer than allowed, is considered an illegal migrant under the Citizenship Act of 1955.
• The Foreigners Act of 1946 and the Passport Act of 1920 do not apply to the members of the six communities, as per the Amendment.
• The Passport Act of 1920 and the Foreigners Act of 1946 outline the penalties for entering the nation unlawfully and remaining here after valid visas and permissions have expired.
• One of the conditions for obtaining citizenship by naturalization under The Citizenship Act, 1955 is that the applicant must have lived in India for 11 of the preceding 14 years in addition to the recent 12 months.
• As a special need for applicants from these six religions (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) and the aforementioned three nations (Afghanistan, Bangladesh, and Pakistan), the modification lowers the second requirement from 11 years to 5 years.

SLOVAKIA

Following a cabinet meeting in the town of Handlova in the center of Slovakia on Wednesday, Prime Minister Robert Fico was shot several times.

Context:

• Since assuming office for the fourth time in October of last year, the former member of the Communist Party has shifted the nation’s foreign policy to one that is more pro-Russian.Robert Fico has gained international notice during his current tenure for a string of provocative remarks against Ukraine in which he advocated for Kyiv to hand over land to Moscow in order to settle the conflict.

ABOUT SLOVAKIA :

• Slovakia is a landlocked nation in Central Europe known officially as the Slovak Republic.
• Hungary to the south, Austria to the west, Poland to the north, Ukraine to the east, and the Czech Republic to the northwest are its borders.
• Slovakia is home to more than 5.4 million people living in a region that is primarily mountainous, covering 49,000 square kilometers (19,000 square miles).
• Bratislava is the capital and largest city; Košice is the second largest.
• Slovakia gained its independence on January 1, 1993.
• Slovakia has a sophisticated, high-income economy befitting a developed nation.
• The European Union, the Eurozone, the Schengen Area, the United Nations, NATO, CERN, the OECD, the WTO, and the Council of Europe all count Slovakia among their memberships.
• Slovakia, the nation with the highest vehicle production per capita in the world, produced 1.1 million cars in 2019, accounting for 43% of its total industrial output.

Chief of Defence Staff (CDS)

The armed services are reportedly considering the appointment of a Vice Chief of Defence Staff and a Deputy Chief of Defence Staff, as the complicated and divisive policy issue of rewiring the Indian military into integrated theater commands (ITC) is gathering pace.

Context:

• To help the CDS achieve its overarching goal of strengthening jointness—the sharing of domain knowledge and resources—and advancing composite combat capability, new positions at the upper echelon are planned.

About CDS:

• It is the leader of the armed forces and the long-term Chairman of the Indian Armed Forces’ Chiefs of Staff Committee (COSC).
• As the primary military advisor to the Minister of Defence, it is the most senior uniformed officer currently serving in the Indian military.
• In addition, the Chief is in charge of Military Affairs.
• On January 1, 2020, General Bipin Rawat became the first Chief of Defence Staff.
• The role was established to enhance overall combat capabilities integration, tri-service effectiveness, and coordination among the Indian armed forces.
• In order to make retired Service Chiefs and three-star commanders eligible for consideration for the nation’s top military position, the government changed the Service Rules of the Army, Navy, and Air Force.
• The retired officer’s age should not have exceeded 62 years on the appointment date.

Supreme Court lays out 7 Sub-Rights of Right to Property

The Supreme Court’s decision ensures that landowners are protected from arbitrary government acquisition by highlighting the need to comply with Article 300A and upholding the fundamental right to property and sub-rights.

Procedure-Based Sub-Rights under the Property Rights

A law that complies with Article 300A must have these seven fundamental rights; the absence of any one or all of them would make the law vulnerable to challenge:

1. Right to Notice: Individuals must be informed about the intention to acquire their property.
2. Right to Be Heard: Affected individuals have the right to voice objections.
3. Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
4. Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
5. Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
6. Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
7. Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.

Recent Judgment: Human Rights Case Background:

• The ruling upheld the dismissal of the Kolkata Municipal Corporation’s appeal against the purchase of private land by the Calcutta High Court.
• The Corporation was directed by the court to reimburse ₹5 lakh for costs within a sixty-day period.
• Human Rights Angle: In addition to being safeguarded by the constitution, the right to property has been acknowledged as a human right by the “Bench of Justices P.S. Narasimha and Aravind Kumar.”

Legal Interpretations and Clarifications

• Judge Narasimha explained that Article 300A’s reference to the “authority of law” goes beyond the state’s eminent domain powers.
• A suitable legal framework is required for the purchase of real estate.
• The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.

What is the position of the Right to Property in India?​ (2021)

(a) Legal right available to citizens only

(b) Legal right available to any person

(c) Fundamental Right available to citizens only

(d) Neither Fundamental Right nor legal right