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This channel explains daily editorial covering indian express, Hindustan Times, Livemint and Hindu. You can reach to me for any query at @saurabhGSPaper2
• Constituent Assembly's Dissolution: The petitioners argued that once the Constituent Assembly of Jammu and Kashmir ceased to exist, the President could not legally revoke Article 370 by order. This is because Article 370(3) stipulated that the President could issue notifications regarding Article 370 based on the recommendation of the Constituent Assembly of the state.
• Permanency of Article 370: The petitioners contended that the Jammu and Kashmir Constitution granted permanency to Article 370 after the dissolution of the Constituent Assembly. They argued that without a Constituent Assembly, the President did not have the authority to exercise powers under Article 370(3).
• Legislative Assembly's Power: The petitioners highlighted that the Jammu and Kashmir Constitution explicitly prohibited the introduction of any Bill to alter the application of the Indian Constitution to the state. They argued that Presidential Order CO 272 (issued in 2019) could not confer the power on the Legislative Assembly to recommend the abrogation of Article 370. Therefore, according to their argument, neither the Jammu and Kashmir Assembly nor the Indian Parliament had the authority to undo Article 370.
• Validity of Article 367 Use: The petitioners contended that Article 367, which deals with the interpretation of the Constitution, has inherent limitations and cannot be used to issue a Presidential Order like CO 272. They argued that Article 367 is meant for interpretation, not for making substantial amendments, which should be done through Article 368.
• Role of the Governor during President's Rule: The petitioners argued that the second proclamation (CO 273) issued by the President on August 6, 2019, which sealed the abrogation of Article 370, was based on the recommendation of the Rajya Sabha and the Governor of the state. They contended that the Rajya Sabha could not assume powers on behalf of the Governor during the President's Rule and that the entire process leading to the President's Rule in Jammu and Kashmir in 2018 was unlawful.
• Unlawful Exercise of Article 356: The petitioners asserted that how Article 356 (which deals with the imposition of President's Rule) was exercised amounted to a "fraud on the Constitution." They argued that the safeguards provided in Article 370 could not be bypassed by the President through the imposition of President's Rule under Article 356.
The constitutional validity of CO 272 and CO 273 depends on how the Supreme Court interprets these legal and constitutional principles in light of the arguments presented by both sides.
Key aspects of Supreme Court’s Article 370 verdict:
1. On the sovereignty of Jammu and Kashmir:
⇒ Article 1 of the Constitution of India provides that India is a Union of States. Article 1 references “Part III states”, and Jammu and Kashmir was listed as a Part III state (before 2019) in the First Schedule to the Constitution of India.
⇒ Section 3 of the Constitution of Jammu and Kashmir declared that Jammu and Kashmir is an integral part of India. Section 147 of the J&K Constitution prohibited any amendment to Section 3.
⇒ The court held that these provisions contradict the argument that an agreement of merger was necessary for Jammu and Kashmir to surrender its sovereignty.
⇒ Court also cited Yuvraj Karan Singh issued the Proclamation adopting the Indian Constitution in 1949, it effectively had the effect of a “merger” like any other princely state. The state of J&K didn’t enjoy any internal sovereignty.
Answer: (b)
Explanation
Statement 1 is incorrect: The Panchayat Development Index (PDI) is a Multi-domain and multi-sectoral index that is intended to be used to assess the overall holistic development, performance & progress of panchayats. It is released by the Union Ministry of Panchayati Raj.
Statement 2 is correct: Ministry of Panchayati Raj has been anchoring the process of the localization of Sustainable Development Goals to achieve the Agenda of Sustainable Development by 2030, adopting 9 Themes.
Statement 3 is correct: It ranks panchayats on the basis of scores and categorize them into four grades. Grades include A (75 to 90%), B (60-75), C (40-60%) and D (under 40%).
Happy new year to you all. Best of wishes.
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Q. With reference to the National Commission for Protection of Child Rights (NCPCR), consider the following statement:
1.It is a statutory body under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
2.It works towards ensuring the well-being of children aged between 0 to 14 years in the country.
3.The Commission is further mandated to monitor the proper and effective implementation of Right to Free and Compulsory Education (RTE) Act, 2009.
How many of the above statements is/are correct?
Answer:-(b)
Explanation:
⇒ Statement 1 is correct: It is an attached office of the Ministry of Health and Family Welfare with full functional autonomy.
⇒ Statement 2 is not correct: NHA is governed by a Governing Board chaired by the Union Minister for Health and Family Welfare. It is headed by a Chief Executive Officer (CEO), an officer of the rank of Secretary to the Government of India, who manages its affairs. The CEO is the Ex-Office Member Secretary of the Governing Board.
⇒ Statement 3 is correct: It is an apex body for implementation for AB PM-JAY and National Digital Health Mission.
Q. With reference to the National Health Authority (NHA),consider the following statements:
1. It is an autonomous body under Ministry of Health and Family Welfare.
2.The governing body of NHA is chaired by an officer holding the rank of Secretary in the Government of India.
3. It is an apex body for the implementation of Ayushman Bharat- Pradhan Mantri Jan Arogya Yojana.
How many of the above statements is/are correct?
Context: The article highlights the non-communicable diseases persist as a significant threat to India’s healthcare.
Meaning of non-communicable diseases (NCDs):
⇒ It is a disease that is not transmissible directly from one person to another, are the result of a combination of genetic, physiological, environmental and behavioural factors.
Factors for rise silent epidemic of NCDs:
⇒ Behavioural factors: unhealthy diet, lack of physical activity, the use of tobacco and alcohol.
⇒ Genetic factors: Individuals may be genetically predisposed to certain NCDs as diabetes.
⇒ Physiological factors: metabolism, insulin resistance, and lipid metabolism play a role in conditions like obesity, type 2 diabetes, and cardiovascular diseases.
⇒ Environmental factors: Exposure to pollutants and toxins can contribute to the development of NCDs.
Scenario of NCDs in India:
⇒ According to WHO, around 66% of deaths in India in 2019 were attributed to non-communicable diseases (NCDs).
⇒ India is the diabetes capital with 101 million people affected by diabetes and 136 million individuals with prediabetes.
Consequences of NCDs in India:
⇒ High mortality rates: Cardiovascular diseases top the mortality charts, and cancer incidence is projected to rise by 57.5% by 2040
⇒ Economic burden: Between 2012 and 2030, India might face a massive expense of $4.58 trillion because NCDs and mental health issues (WEF).
⇒ Double burden of disease on health care system.
⇒ Might not be able to reap the benefits of the demographic dividend (NCDs primarily affect adults).
Initiative taken:
⇒ National Program for Prevention of Cancer, Diabetes, Cardiovascular Diseases and Stroke: To prevent and control major NCDs with a focus on strengthening infrastructure, human resource development, health promotion, early diagnosis, management and referral.
⇒ 75/25 initiative: Aimed at screening and providing standard of care for 75 million individuals with hypertension and diabetes by 2025.
Way forward:
⇒ Developing ‘National Health Quality Index’ and transparency system
⇒ Expanding financing for Healthy India.
⇒ Promoting ‘Healthy India’ as a mass movement (Behavioural changes).
Context: To achieve inclusive and sustainable growth in the country, India must change the pattern of its economic growth.
Meaning of inclusive growth:
According to OECD, inclusive growth is economic growth that is distributed fairly across society and creates opportunities for all.
Issues with the current Indian economic model:
⇒ Mismatch between skills and jobs: The education system often fails to equip individuals with the necessary skills demanded by the job market, leading to unemployment or underemployment as per India Skills Report 2024.
⇒ Manufacturing sector leapfrogged in development ladder: The manufacturing sector which is often considered a major source of job creation in many economies, hasn’t progressed as expected in India and impacted the creation of employment opportunities.
⇒ Less emphasis on the process of ‘learning’: There is a lack of emphasis on fostering critical thinking, problem-solving skills, and practical knowledge, all of which are crucial for adapting to the evolving job market.
⇒ Focus on high end skill jobs: It has not sufficiently generated decent and sustainable jobs for India’s masses.
⇒ Limited financial capacity of State: The government's financial capacity, at times, limits its ability to invest in infrastructure, education, healthcare, and other essential sectors that are pivotal for economic growth and job creation.
Way Forward / New pattern of economic growth should focus on:
⇒ Adjacencies in work allows for the integration of complementary economic activities, especially in agriculture sector.
⇒ Foster the creation of local economic webs to promote and sustain various economic activities within communities.
⇒ Manufacturing and value-added services in rural areas to stimulate economic activities and employment generation in local regions. E.g., carpets in Mirzapur.
⇒ Focus on small scale manufacturing and informal sector
⇒ Optimum utilization of human resources by investing in education, skill development, and training programs to empower individuals for diverse job opportunities.
Best Practices: China focused on large scale manufacturing sector and invested heavily in cutting edge technologies and became the factory of the world.
Consider the following statements with respect to Solar engineering corporation of India limited:-
1. It is the only central PSU dedicated to renewable energy sector.
2. It has been set up as a company under companies act 2013.
Choose the correct code
Context: Bombay High Court directed the Election Commission of India to conduct a bypoll for Pune Lok Sabha Assembly.
What is bypoll?
⇒ It is also called bye-elections, are the elections conducted in India to fill vacant seats in State Legislative Assemblies or Parliament.
⇒ They are conducted when a seat in the legislature becomes vacant due to reasons such as the death, resignation, disqualification, or expulsion of a sitting member.
Law regarding by poll:
⇒ Section 151A of the Representation of the People Act, 1951, the Election Commission must hold by-elections or bypolls to fill the vacancies in Parliament and State Legislatures within six months from the date of the vacancy.
Exceptions under RPA, 1951 with respect to by polls:
⇒ Section 151A(a) says that the six-month rule will not apply when the remainder of the Parliament term is less than one year.
⇒ Section 151A(b) calls for not holding bypolls if Election Commission, in consultation with Centre, certifies that it is difficult to hold elections within six months.
Context: Today's article highlights the role of reservations in addressing the historical trauma and discrimination faced.
Why reservation?
⇒ To overcoming historical disadvantages and institutional barriers.
⇒ To navigate societal peripheries for marginalized individuals.
⇒ To achieve the promise of equality enshrined in the constitution
Policy towards reservation:
1. Vertical reservation: Reservation of seats in educational institutions and jobs in government services for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs). E.g.:
⇒ Article 15(4) allows the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for SCs & STs
⇒ Article 16 (4) allows State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens.
⇒ Article 16(4A) reservation in appointments to posts and services in favour of backward class of citizens.
2. Horizontal Reservation: Reservation of seats for specific categories of people within the reserved categories. For example, within the SC category reservation, there can be reservations for differently-abled people. E.g.:
⇒ Article 15(3): State may not prevent itself from making laws that provide special provisions for women and children.
Recent debates regarding reservation:
⇒ Over-expansion of beneficiaries: E.g.: Marathas, Patels, Jats demands reservation.
⇒ Sub categorization of OBC.
⇒ Limited to state sector.
⇒ Creamy layer amongst SC/ST (Nagaraj case and jarnail singh case)
Context: Two persons entered the Lok Sabha chamber.
What do the rules say about visitor?
Rules of Procedure and Conduct of Business in the Lok Sabha
⇒ Rule 386: Visitors (strangers in parliamentary parlance) admission, withdrawal and removal is governed by this rule that states, those portions of the House which are not reserved for the exclusive use of members shall be regulated in accordance with orders made by the Speaker.
⇒ Rule 387: Gives the Speaker the power to withdraw “strangers” from any part of the House if he/she deems it fit.
⇒ Rule 387A: Removal and taking into custody of strangers.
What is the process of entry for strangers?
⇒ According to the “Practice and Procedure of Parliament”: “A member can apply for the issue of visitors’ cards only for those who are very well known to them personally”.
⇒ Members applying for a visitor card are also mandated to provide a certificate given by member.
⇒ Visitors must also carry a photo ID with them.
Are passes issued for a specific duration?
⇒ The visitors’ cards are usually issued to a member for a particular day for fixed hours. However, in exceptional cases, the rules permit the issue of two cards.
1. A card is ordinarily issued only for a period of one hour. These cards are not transferable and are issued subject to the holder observing the conditions endorsed thereon.
2. There is also a provision which allows members to apply for a visitor card on the same day in emergent cases.
Galleries in LS: Public and Speaker’s galleries.
⇒ A member can facilitate the entry of four people on a daily basis in the public gallery, he/she is entitled to facilitate the entry of two people in the Speaker’s gallery.
⇒ The names of the visitors for the Speaker’s gallery need to be vetted by the Speaker.
⇒ Similar rules are in force for visitor entry into the Rajya Sabha.
Who is responsible for overseeing and reviewing the security arrangements?
⇒ Joint Parliamentary Committee on Security in Parliament Complex, composed of members from both the houses and headed by the Speaker of Lok Sabha.
Context: The Supreme Court recently held that the declaration of State emergency under Article 356 and the subsequent actions of the President should have a reasonable nexus.
What is Article 356 of Indian Constitution?
If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclamation impose President’s rule.
What was the Supreme Court Ruling?
The court held that:
⇒ President’s actions during a State Emergency are subject to judicial scrutiny.
⇒ The court while judicially reviewing the exercise of power can determine if the exercise of the constitutional power of the Legislature of the State by Parliament has a reasonable nexus with the object sought to be achieved by the Proclamation.
⇒ The onus is on the person challenging the actions of the President during emergency to prima facie establish they were a “mala fide or extraneous exercise of power”.
⇒ if a prima facie case is made out, the onus would shift from the person complaining to the Centre to justify that the exercise of power had a reasonable nexus with the object of the proclamation of President’s rule under Article 356.
Transparency in Judiciary:
Context: There is need for transparency in decision-making of Supreme Court.
Importance of transparency in Judiciary:
⇒ Can help build public trust in judiciary.
⇒ Strengthen the Basic Structure doctrine.
⇒ Helps in maintaining the rule of law.
⇒ Helps in eliminating arbitrariness.
⇒ Ensure independence of Judiciary (Article 50)
⇒ Facilitate the thriving of social democracy.
Concerns associated with judicial transparency:
⇒ Appointment of judges(collegium system).
⇒ Uncle judge syndrome
⇒ CJI, as master of roster, has control over the allocation of cases.
⇒ No publicly known criteria or factors with respect to formation of Constitution bench.
⇒ Judicial pendency
⇒ Judicial overreach (E.g.: Ban on crackers)
Initiatives to ensure transparency in Judiciary:
⇒ National Judicial Data Grid (part of e-Courts Project): Works as a monitoring tool to identify, manage & reduce pendency of cases.
⇒ Live streaming of Cases: To increase transparency and ensuring the right to access to justice.
⇒ CJI is a public authority under RTI Act
⇒ e-filing for urgent matters to access to justice.
Measure to ensure judicial transparency:
⇒ Code of conduct for judges (2nd ARC)
⇒ Establishment of National Judicial Commission for appointments of Judges (NCRWC)
⇒ Establishment of an independent judicial Lokpal
⇒ Need new Judicial Standards and Accountability bill to declare their assets.
⇒ Reform on case listing
Context: Union Finance Minister said around 13.5 crore people have moved out of multidimensional poverty in the last five years according to Niti Aayog’s National Multidimensional Poverty Index .
What is multidimensional poverty?
A person is multidimensionally poor if she/he is deprived in one third or more (means 33% or more) of the weighted indicators. Those who are deprived in one half or more of the weighted indicators are considered living in extreme multidimensional poverty.
Dimensions and Indicators of National Multidimensional Poverty Index :
1. Health
⇒ Nutrition
⇒ Child & Adolescent Morality
⇒ Maternal Health
2. Education
⇒ Year of Schooling
⇒ School Attendance
3. Standard of living
⇒ Cooking Fuel
⇒ Sanitation
⇒ Drinking Water
⇒ Housing
⇒ Electricity
⇒ Assets
⇒ Bank account
The index has been used for many to energise policies to fight poverty in many dimensions because it:
⇒ Measures acute or moderate poverty in multiple dimensions
⇒ Provides a clear, informative poverty headline
⇒ Tracks change in poverty
⇒ Tracks change in each of its dimensions separately
⇒ Enables policy coordination across sectors
⇒ Can be disaggregated by groups and indicators, to show success in leaving no one behind
⇒ May be mapped to environmental conditions
⇒ Compares non-monetary deprivations directly, independent of prices, inflation, or currency
NEW YEAR SPECIAL COVERAGE 😄
Context: The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution
Background of Article 370:
• Article 370 of the Constitution of India incorporated special arrangements for the governance of the State of Jammu and Kashmir.
• The President issued Constitutional Orders 272 and 273 during the subsistence of a Proclamation under Article 356(1)(b). These orders have the effect of applying the entire Constitution of India to the State of Jammu and Kashmir and abrogating Article 370.
• Simultaneously, Parliament enacted the Jammu and Kashmir Reorganisation Act 2019 which bifurcated the State into two Union territories. The petitioners have challenged the constitutionality of these actions.
What is Article 370?
It was added to the Indian constitution, as a temporary provision on October 17, 1949. It permitted the state of J&K to draft its own Constitution. The Constituent Assembly of Jammu & Kashmir was empowered to recommend which articles of the Indian Constitution should apply to the state. It restricted the Indian Parliament’s legislative powers in the state.
What is Article 35A?
It granted special rights and privileges to the residents of the erstwhile state of Jammu and Kashmir. It was under the authority of Article 370. Article 35A was designed to define the "permanent residents" of Jammu and Kashmir and confer upon them certain exclusive rights and privileges.
Abrogation of Article 370 in 2019:
PO 272 (Amending Article 367)
• CO 272, issued on August 5, 2019, amended Article 367 of the Indian Constitution. This amendment changed the reference from the "Constituent Assembly" to the "Legislative Assembly" in Article 370(3), which played a pivotal role in the subsequent steps leading to the abrogation of Article 370.
• The validity of this order has been challenged on the grounds that Article 367 is an interpretative provision and cannot be used to fundamentally alter the Constitution or amend its provisions. The argument is that the insertion of a proviso in Article 367 effectively allowed for changes to Article 370 without adhering to the formal process required for constitutional amendments under Article 368.
PO 273 (Operationalizing the Abrogation)
• CO 273, issued on August 6, 2019, operationalized the recommendation made by the Rajya Sabha (the upper house of Parliament) to abrogate Article 370. This proclamation essentially sealed the abrogation of Article 370 and the reorganization of the state of Jammu and Kashmir into two union territories.
• The validity of this order is being challenged on multiple grounds, including the manner in which it was recommended by the Rajya Sabha and the legality of the recommendation given that the state was under the President's Rule at the time. The petitioners argue that Rajya Sabha's recommendation, made on behalf of the Governor during the President's Rule, was unlawful and violated the principles and safeguards of Article 370.
Constitutional Principles involved
The core legal arguments in these challenges revolve around the principles of constitutional interpretation, separation of powers, and the procedure for amending or altering the Constitution. The petitioners assert that the use of Article 367 to effect substantive changes to Article 370 goes beyond the scope of interpretative powers and violates the constitutional procedure for amending the Constitution.
Arguments presented by the Petitioners
Answer: (a)
Explanation
Statement 1 is incorrect: It is an Indian statutory body established by an Act of Parliament, the Commission for Protection of Child Rights (CPCR) Act, 2005. The Commission works under the aegis of Ministry of Women and Child Development.
Statement 2 is incorrect: NCPCR emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child related policies of the country. For the Commission, protection of all children in the 0 to 18 years age group is of equal importance.
Statement 3 is correct: The Commission is further mandated to monitor the proper and effective implementation of
Protection of Children from Sexual Offences (POCSO) Act, 2012.
Juvenile Justice (Care and Protection of Children) Act, 2015.
Right to Free and Compulsory Education (RTE) Act, 2009.
Q. With reference to the Panchayat Development Index (PDI) , consider the following statement:
1. It is Multi-domain and multi-sectoral index released by Niti Aayog.
2. It will be calculated 9 themes related to the Localization of Sustainable Development Goals (LSDGs).
3. It ranks panchayats on the basis of scores and categorize them into four grades.
How many of the above statements is/are correct?
Answer: (b)
Explanation
Statement 1 is correct: Central Adoption Resource Authority (CARA) is a statutory body under Juvenile Justice (Care and Protection of Children) Act, 2015. It is a statutory body under Ministry of Women & Child Development, Government of India.
Statement 2 is correct: It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
Statement 3 is not correct: CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
Q. With reference to the Central Adoption Resource Authority, consider the following statements:
1. It is a statutory body under Juvenile Justice (Care and Protection of Children) Act, 2015
2. It is designated as the Central Authority to deal with inter-country adoptions.
3. It was established in accordance with the provisions of the United Nations Convention on the Rights of the Child (CRC).
How many of the above statements is/are correct?
75/25 initiative was in news recently, is related to:-
A. Hypertension to be reduced by 75% by 2025.
B. Diabetis to be reduced by 75% by 2025.
C. Hypertension to be reduced in 75 million individuals by 2025.
D. Cancer to be reduced in 75 million individuals by 2025.
Context: Unemployment rates are low and have been falling since 2017-18, there exist significant disparities in the experience of unemployment.
Unemployment rate in India (PLFS):
⇒ The unemployment rate has reduced to 3.2% in 2022-23, from 6.1% in 2017-18.
⇒ Graduate degree unemployment rates has reduced to 13% in 2022-23 from 17% in 2017-18.
⇒ Unemployment rate for young workers aged 18 to 29 with graduate degrees, has reduced to 27% in 2022-23 from 36% in 2017-18.
⇒ The share of graduates in the labour force has risen to around 15% by 2022-23 from 5% in 1993-94.
Addressing current unemployment crucial for India's progress:
⇒ Reaping the demographic dividend.
⇒ Address the issue of brain drain.
⇒ For poverty alleviation.
Reason for consistent higher unemployment rates among highly educated individuals:
⇒ Mismatch between the skills acquired and the requirements of the job market: Due to rapid changes in technology and industry demands.
⇒ Structural shift away from agricultural jobs.
⇒ The degree oriented education system.
⇒ Job creation may not have kept pace with population growth.
⇒ Lack of Industry-academia collaboration.
⇒ Educated individuals are less inclined to accept unskilled and informal jobs.
Way forward:
⇒ Special packages for labour intensive industries like leather and footwear.
⇒ More closer ties between educational institutions and industries.
⇒ Introduce an urban version of MGNREGA
⇒ Align the paths of urbanization and industrialization to streamline job creation.
⇒ Advocate for the establishment of a National Employment Policy (NEP).
Context: Delhi High Court takes note of district courts lacking the necessary infrastructure to conduct proceedings via videoconference.
About district courts:
⇒ It refers to the judicial system at the district level in India. It is the first level of the judiciary and is responsible for hearing and deciding on cases at the local level.
Constitutional Provisions of district courts:
⇒ Article 233:Appointment of district judges.
⇒ Article 234: Recruitment of persons other than district judges to the judicial service.
⇒ Article 235:Control over district courts
⇒ Article 236: Defines the term judicial service.
⇒ Article 237:Enables the Governor to implement the separation of the judiciary from the executive.
Importance of district courts:
⇒ Serves as the primary interface between the justice system and the people.
⇒ Important role in upholding the rule of law.
⇒ Ensure accessibility to justice.
⇒ Play a critical role in the appellate process.
⇒ Helps in streamlining the trial process and ensuring that cases are properly prepared for adjudication.
Issues with district courts:
⇒ Pendency of case: According to NJAC there were 3.81 crore pending cases in district courts till 2021.
⇒ Lack of infrastructure and resources: The lower judiciary is operating under a deficiency of 5,018 court rooms and 41,775 positions for secretarial and support staff are lying vacant in lower courts.
⇒ Judicial vacancies: There are 17,785 judges which is 5,450 short of the sanctioned strength, according to data presented in the Rajya Sabha on 11 July 2019.
⇒ Procedural delays: Due to irrational usage of stay orders and adjournments.
⇒ Low participation of women judges: According to the Vidhi Centre for Legal Policy representation of women in the lower judiciary is around 27%.
⇒ Inadequate technological infrastructure: Microphones, speakers, cameras, and video display units.
⇒ Rising violent behaviour in district courts: The reasons are professional misconduct by lawyers, lack of response to clients etc.
Way forward:
⇒ Help of All India Judicial Services for reduction in the problem of pendency.
⇒ Strict penalties in case of violation of rules framed under Advocates Act,1961 with regard to professional misconduct.
⇒ High Courts should establish a Human Resource Department for qualified staff.
⇒ Digital empowerment of courts: The 245th Law Commission suggested that merely increasing the number of judges without improving infrastructure in lower courts would do little to help address delays.
Context: Members of Legislative Assembly Local Area Development (MLALAD) fund amount for Delhi legislators raised from Rs 4 crore to Rs 7 crore.
What is MLALAD?
⇒ It is a scheme that enables each MLA to undertake small developmental works in his/her constituency through the allocated funds.
⇒ It is the State’s version of a central government scheme - Members of Parliament Local Area Development Scheme (MPLAD).
What are the objectives of MLALAD?
⇒ To create local need based infrastructure.
⇒ To create assets of public utility.
⇒ To remove regional imbalances in development.
Is MLALAD implemented in rural areas only?
⇒ No, it is also implemented in urban areas of a state.
How does the scheme work?
⇒ MLAs do not receive any money under this scheme. The government transfers it directly to the respective local authorities. The legislators can only recommend works in their constituencies based on a set of guidelines.
Is amounts of this fund is same in every state?
⇒ No, amounts varies across the states. Amounts per MLA varies across the states
What are the issues with MLALAD?
⇒ Expenditure incurred by the executing agencies being less than amount booked.
⇒ Against the separation of powers as MLAs can only recommend works.
⇒ No accountability for the expenditure.
⇒ Work on existing assets.
What needs to be done?
⇒ Need to make the fund lapsable foe efficient utilisation.
⇒ Social impact assessment for the works.
⇒ Participation of PRI for the identification, planning and execution.
Context: The Delhi High Court stated that de-registration of political parties registered with religious, caste, ethnic, and linguistic connotations and using a flag similar to the national flag, saying the issue lies within the Parliament’s domain.
Deregistration of political parties:
⇒ No provision in the RPA 1951 provides any mechanism for de-registration of a political party. The ECI can only delist the inactive parties and refer the matter to the Central Government for further action.
Impact of delisting:
⇒ The parties that have been declared inactive would not be eligible to avail benefits under the Election Symbols (Reservation and Allotment) Order, 1968, that allows parties to apply for a common symbol for its candidates.
Grounds for Deregistration of a Political Party:
Grounds given in Indian National Congress vs Institute of Social Welfare (2002) case :
The court held that ECI has no express mandate to deregister a political party for violating Indian Constitution, except in rare circumstances like:
⇒ When a party becomes registered by defrauding;
⇒ When a political party modifies its terminologies of association, rules, abrogating the provisions or notifies the Commission that it has lost allegiance to the Indian Constitution or its principles; and
⇒ When the central government declares a political party illegal under the UAPA 1967.
#Social Justice #Issues relating to Poverty and Hunger.
Context: 74.1% of Indians unable to afford a healthy diet in 2021 according to FAO’s Food Security and Nutrition 2023 Report.
Findings of the report about India:
⇒ Stunted growth (Under 5 yrs.): 31.7% of children.
⇒ Wasting (Under 5 yrs.): 18.7% children.
⇒ Overweight(Under 5 yrs.): 2.8% of the children
⇒ Anaemic women (15-49 yrs.): 53% of the country’s women.
⇒ Obese adult: 1.6% of the country’s adults.
⇒ Low birthweight in the region: 27.4%.
What are the reason for such low number?
⇒ Poor maternal health and nutrition.
⇒ inadequate infant and young child feeding practices.
⇒ Repeated infections during pregnancy like UTIs.
What are the reasons for increase in unaffordability of healthy diet?
1. 5Fs crisis – Food, Feed, Fuel, Fertilisers, and Finance
⇒ Food: Due to extreme weather conditions due to climate change, fragmented landholdings, poor agricultural practice etc.
⇒ Feed: Non availability of quality of feed and fodder due to competition for land between food and feed production.
⇒ Fuel: Increased use of crops for biofuel production can reduce the land available for food crop
⇒ Fertilisers: Exposure to chemical and fertilizer supply shocks.
⇒ Finance: Low investment in agricultural infrastructure, research and development, and support for farmers.
Way forward:
⇒ Sustainable agricultural intensification.
⇒ Dietary diversification.
⇒ Focusing on maternal and child health
⇒ Social protection measures that assure the most marginalized populations are properly supported.
On Listing of Cases in the Supreme Court
Context: Recently, concerns were raised by two senior lawyers on the irregularities in the listing of cases in the Supreme Court.
What is the role of the CJI in the allocation of cases?
The CJI, as master of roster, has administrative control over the allocation of cases.
What do the rules say?
The Handbook on Practice and Procedure of the Court and Office Procedure 2017, says that the SC’s Registry functions on the general and special instructions and orders of the CJI as regards allocation of work to a Bench and assignment of cases from one Bench to another Bench on account of non-availability.
Concerns raised by the senior lawyers:
⇒ Some cases had been suddenly taken away from Benches hearing them and listed before other Benches.
Second concern is , whether a case, instead of remaining with the presiding judge of the Bench before which the matter was listed, can be transferred to the puisne judge ,when he/she starts heading a new Bench.
Universal Declaration of Human Rights (UDHR)
Context: 10 December 2023 marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR).
What is UDHR?
It is a document that acts like a global road map for freedom and equality protecting the rights of every individual, everywhere. It was adopted by UN General Assembly in 1948.
Parts of Constitution of India (COI) reflects the principles and provisions of the UDHR:
⇒ Preamble: The declaration says everyone is born free and equal in dignity and with rights.(Equality in Preamble).
⇒ Fundamental Rights: The declaration says that all are equal before the law (Article 14 of COI), enshrines the rights to freedom of religion (Article 24 of COI), freedom of opinion and expression (Article 19 of COI) and right to education (Article 21A of COI).
⇒ Fundamental Duties: Article 29 of the UDHR says we have duty to other people and we should protect their rights and freedoms (Part-IVA of COI).
⇒ Directive Principles of State Policy: Article 23 of the Universal Declaration of Human Rights mentions about the Right to Work (Article 41 of COI).
Significance:
⇒ International recognition of human rights.
⇒ Set common standard for all Nations.
⇒ Inspiration for legal frameworks, such as ICCPR and ICESCR.
⇒ Promoting social justice and equality around the world.
Context: Recently, the ethics committee of the Lok Sabha is believed to have recommended the expulsion of a Mahua Moitra from the Lok Sabha for her unethical conduct and breach of privileges.
What is ethics committee and its functions?
⇒ Ethics Committee is to inquire and maintain the moral and ethical conduct of members of Parliament and also examines cases of misconduct referred to it. It was first constituted in the Rajya Sabha in 1997 (10 members) and later in the Lok Sabha in 2000 (15 members). It also prepares a Code of Conduct for members, which are amended from time to time.
Is an expulsion constitutional?
The Constitution under Article 101 lists down the grounds for vacation of a seat by an MP. It includes: voluntary resignation, disqualification and continuous absence from the House for 60 sittings. Expulsion is not mentioned explicitly in the Constitution.
Importance of ethics committee:
⇒ Maintain discipline and decorum in Parliament.
⇒ Enforce accountability and set precedents for future conduct.
⇒ Ensuring that elected representatives uphold the highest ethical standards.
⇒ Empower citizens, as any Indian citizen can lodge a complaint against a lawmaker.
Challenges associated with ethics committee:
⇒ Overlap with Privileges Committee as both committees may handle the conduct of MPs.
⇒ Decisions of the Committee are advisory and not binding on the Speaker.
⇒ Short tenure (1 year) for in-depth examination
⇒ Term unethical conduct has not been defined anywhere.
Suggestions:
⇒ Define unethical conduct.
⇒ Rules for online submission of questions to enhance transparency.
⇒ Provide training on ethical conduct to maintain Parliament’s integrity.
⇒ Penalties for unethical conduct.