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Newspaper Terms Simplified for IAS Prelims

Part 1

1.     Disqualification of Member of Parliament

Article 102 of the Constitution deals with grounds for disqualification of a parliamentarian.

·         A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament

    (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

    (b) if he is of unsound mind and stands so declared by a competent court;

    (c) if he is an undischarged insolvent;

    (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;

    (e) if he is so disqualified by or under any law made by Parliament Explanation For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State

·         A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule

Sub-clause (e) of Article 102(1) says an MP will lose his membership of the House “if he is so disqualified by or under any law made by Parliament”. The law in this case is the RP Act.

About the RP Act

There are several provisions that deal with disqualification under the RPA.

First, disqualification is triggered for conviction under certain offences listed in Section 8(1) of The Representation of The People Act. This includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election. Senior Samajwadi Party leader Azam Khan lost his Uttar Pradesh Assembly membership in October 2022 after he was convicted in a hate speech case. Defamation does not fall in this list.

Section 8(2) also lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.

Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.” This is the provision under which Rahul Gandhi has been disqualified.

The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker. Significantly, the stay cannot merely be a suspension of sentence under Section 389 of the Code of Criminal Procedure (CrPC), but a stay of conviction.

2.     What is Generative AI?

Generative artificial intelligence (AI) describes algorithms (such as ChatGPT) that can be used to create new content, including audio, code, images, text, simulations, and videos, instead of simply categorizing or identifying data like other AI.

Generative AI uses a type of deep learning called generative adversarial networks (GANs) to create new content. A GAN consists of two neural networks: a generator that creates new data and a discriminator that evaluates the data. The generator and discriminator work together, with the generator improving its outputs based on the feedback it receives from the discriminator until it generates content that is indistinguishable from real data.

Applications

·    Images: Generative AI can create new images based on existing ones, such as creating a new portrait based on a person’s face or a new landscape based on existing scenery

·    Text: Generative AI can be used to write news articles, poetry, and even scripts. It can also be used to translate text from one language to another

·     Audio: Generative AI can generate new music tracks, sound effects, and even voice acting

Misuse:

·     School systems have stated about students turning in AI-drafted essays, undermining the hard work required for them to learn.

·     Cybersecurity researchers have also expressed concern that generative AI could allow bad actors, even governments, to produce far more disinformation than before.

3.     Privilege Motion

All Members of Parliament (MPs) enjoy rights and immunities, individually and collectively, so that they can discharge their duties and functions effectively. Any instance when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha is an offence, called ‘breach of privilege’, which is punishable under the Laws of Parliament.

Any member from either house can move a notice in the form of a motion against the member who he/she thinks is guilty of the breach of privilege. Both Houses of the Parliament reserve the right to punish any action of contempt (not necessarily breach of privilege) which is against its authority and dignity, as per the laws.

Rules

The rules governing the privilege are mentioned in the Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and Rule 187 in Chapter 16 of the Rajya Sabha rulebook. The rules explain that any member of the House may, with the consent of the Speaker or the Chairperson, raise a question involving an incident that he or she considers a breach of privilege either of a member or of the House or of a committee. The notice, however, has to be about a recent incident and should need the intervention of the House. These notices have to be submitted before 10 am to the Speaker or the Chairperson of the House.

What is the role of the Lok Sabha Speaker and Rajya Sabha Chairperson?

The speaker of Lok Sabha and the Chairperson of Rajya Sabha are the first level of scrutiny of a privilege motion in the two Houses of Parliament. They can either take a decision on the privilege motion or can also refer it to the privileges committee of Parliament. Once the Speaker or the House Chairperson gives consent under Rule 222, the concerned member is allowed to explain himself or herself.

What is the Privileges Committee?

The Speaker of Lok Sabha nominates a committee of privileges consisting of 15 members of parliament from each party. The report prepared by the committee is submitted to the House for its consideration. The Speaker may also allow a half-hour debate on the report by the committee before passing orders or directing that the report be tabled before the House. A resolution is passed.

Have Privilege Motions been passed in Parliament in the past?

Most of the privilege motions passed in the Parliament in the past have been rejected. Penal actions have been recommended only in a few, so far.

Among the most significant privilege motions passed so far was in 1978 against Indira Gandhi. The then Home Minister Charan Singh had moved a resolution of breach of privilege against her on the basis of observations made by Justice Shah Commission, which investigated the excesses during the Emergency. Indira Gandhi, who had just won the Lok Sabha elections from Chikmagalur, was expelled from the House.

In 1976, BJP MP Subramanian Swamy was expelled from Rajya Sabha for bringing disgrace to Parliament through his interviews to foreign publications.

In 1961, editor of ‘Blitz’ RK Karanjia was indicted with gross breach of privilege after the publication put out an article that publicly castigated Congress veteran JB Kripalani. Karanjia was reprimanded in Lok Sabha and the gallery pass of his correspondent was annulled.

In the Winter Session of 2017, BJP MP Bhupendra Yadav, now Union Minister of Labour and Environment, had moved a privilege motion against Rahul Gandhi in Rajya Sabha during Zero Hour. Yadav had accused Rahul of “intentionally, maliciously and disrespectfully” twisting the name of Finance Minister Arun Jaitley in a tweet. Rahul had referred to Jaitley as “Jaitlie”. However, Rajya Sabha Chairperson Venkaiah Naidu had cautioned Yadav against moving the motion as Rahul was not present in the House to defend himself.

4.     H3N2 influenza

What is H3N2 influenza?

H3N2 influenza, also known as the "Hong Kong flu," is a type of influenza virus that can cause respiratory illness in humans.

How is it spread?

The extremely contagious H3N2 influenza can be transmitted from one person to another through droplets released when coughing, sneezing, or talking by an infected individual. It can also spread if someone touches their mouth or nose after contacting a surface that has the virus on it. Pregnant women, young children, elderly adults, and persons with underlying medical issues are at a higher risk of flu-related complications.

Symptoms

Symptoms of H3N2 influenza include fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills, and fatigue. In some cases, people may also experience vomiting and diarrhoea. The symptoms usually last for about a week, but some people may experience them for longer.

Who is at high risk of complications from H3N2 influenza?

Pregnant women, young children, older adults, and people with underlying medical conditions are at high risk.

Treatment

Treatment for H3N2 influenza includes rest, drinking plenty of fluids, and taking over-the-counter medications such as acetaminophen or ibuprofen to reduce fever and relieve pain. Antiviral medications like oseltamivir and zanamivir may also be prescribed by a doctor for people with severe symptoms or those who are at high risk of complications.

Precautions/prevention measures

To prevent H3N2 influenza, it is essential to take some measures such as receiving a flu vaccine annually, washing hands with soap and water regularly, avoiding contact with sick people, covering the mouth and nose while sneezing or coughing, and staying home from school or work when sick.

5.     Floor Test in Parliament

What is floor test?

A floor test is primarily taken to know whether the executive enjoys the confidence of the legislature. It is a constitutional mechanism under which a Chief Minister appointed by the Governor can be asked to prove majority on the floor of the Legislative Assembly of the state. As per the Constitution, the Chief Minister is appointed by the Governor of the state.

When a single party secures the majority of the seats in the house, the Governor appoints the leader of the party as the Chief Minister. In case the majority is questioned, the leader of the party which claims majority has to move a vote of confidence and prove majority among those present and voting. The Chief Minister has to resign if they fail to prove their majority in the house. This happens both in the parliament and the state legislative assemblies.

In situations when there are differences within a coalition government, the Governor can ask the Chief Minister to prove majority in the house.

Composite Floor Test

There is another test, Composite Floor Test, which is conducted only when more than one person stakes claim to form the government. When the majority is not clear, the governor might call for a special session to see who has the majority. The majority is counted based on those present and voting. This can also be done through a voice vote where the member can respond orally or through division voting. Some legislators may be absent or choose not to vote.

In division vote, voting can be done through electronic gadgets, ballots or slips. The person who has the majority will form the government. In case of tie, the speaker can also cast his vote.

Power of the governor

According to Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers.

However, the Governor can exercise the above only as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister.

When the House is in session, it is the Speaker who can call for a floor test. But when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test.

What are the SC’s Observations on the Governor's Floor Test Call?

In 2016, the SC in Nabam Rebia and Bamang Felix vs Deputy Speaker case (the Arunachal Pradesh Assembly case) said that the power to summon the House is not solely vested in the Governor and should be exercised with aid and advice of the Council of Ministers and not at his own.

The Court highlighted the facts that the Governor is not an elected authority and is a mere nominee of the President, such a nominee cannot have an overriding authority over the representatives of the people, who constitute the House or Houses of the State Legislature.

In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, upheld the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its majority.

The Governor is not denied the power to order a floor test where on the basis of the material available to the Governor it becomes evident that the issue as to whether the government commands the confidence of the House requires it to be assessed on the basis of a floor test.