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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
#Polity GS Paper 2
Context: Internet shutdown
US Reservation System
The US SC ruling in the Students for Fair Admissions v Harvard case reflects a growing sentiment that affirmative action has lost its moral force.
Actually in this case, we are required to understand that US follows Equal protection of law. And affirmative action in US is based on the Race. To address racial inequality, 14th constitutional amendment act mandates that individuals in similar situations be treated equally by the law.
But now the court says race based affirmative action violates equal protection clause on the basis that harvard and UNC lacks sunset clause in the matter of affirmative action. It simply means when the objective of equal protection before law is achieved, better to drop it.
Arguments in this case:
Some Indian immigrants to the US used to say that a reason for coming here was the reservations policy in university admissions and jobs in their homeland and they wanted their children to escape its clutches. But it followed them here in the form of affirmative action in universities and government programmes and threatened to spill over into technology and science jobs. (BASICALLY THEY ARE TALKING ABOUT RESERVATION POLICY IN INDIA IS FLAWED AND NOW IN USA ALSO SUCH CLAUSE IS PRESENT)
While some supporters view affirmative action as a form of reparation for the history of slavery of African-Americans, and discrimination against them, Latinos and Native Americans,by some Whites.
So dont understand that US has deviated from Equal protection before law, but SC tries to say there is a limitation of everything. And affirmative action should come with sunset clause.
For us, what is important, Implication on India's reservation Policy :
1. India's reservation policy should be periodically evaluated and reformed to ensure it remains effective and equitable.
2. It may embolden opponents of the reservation system, questioning its effectiveness and relevance.
3. Transparency, fairness, and meritocracy should be central to any reservation system, avoiding the pitfalls that have plagued affirmative action in the US.
4. Rather than relying solely on race or caste-based preferences, comprehensive approaches that take into account multiple dimensions of disadvantage, including socioeconomic factors and educational opportunities, should be adopted.
Article 164 (1) deals with the provision of the appointment of Chief Minister and other members. However, here the Chief Minister will be appointed by the Governor, and other Ministers will be appointed by the Governor on the advice given by the Chief Minister.
So the constitutional position is: Only CM Will decide on dismissal not the Governor.
The power of Governor has been discussed in length in Samsher Singh case:
In this case, a seven-judge Constitution Bench of the Supreme Court said that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.
Nabam Rebia case:
1. Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”.
2. Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a Chief Minister or dismissal of a government which has lost of confidence but refuses to quit, etc.
#pOLITY GS Paper 2
Context: Delimitation in Assam
👉Quality Council of India as a non-profit autonomous society registered under Societies Registration Act XXI of 1860 to establish an accreditation structure in the country and spread the quality movement in India by undertaking a National Quality Campaign.
👉Mr Jaxay Shah is the Chairperson of the Quality Council of India (QCI), an autonomous body of the Ministry of Commerce & Industry. Ratan Tata was the First chairman .
#Governance GS Paper 2
Context: National institutional ranking framework
Parameters
1. Teaching Learning & Resources
These parameters are related to the core activities of any place of learning.
2. Research and Professional
Practice: Excellence in teaching and learning is closely associated with the scholarship.
3. Graduation Outcome: This parameter forms the ultimate test of the effectiveness of the core teaching/learning.
4. Outreach & Inclusivity: The Ranking framework lays special emphasis on representation of women.
5. Perception: The ranking methodology gives a significant importance to the perception of the institution.
#Governance Data led Governance GS Paper 2
The govt has drafted Digital India Bill to replace IT Act 2000 to tackle emerging challenges such as harm, competition and misinformation in digital space.
1. In all personal customary laws, traditional dispute redressal mechanisms at the village or community level is still the core of tribal society even today.
2. In Meghalaya, a matrilineal society,mainly Garos, Khasis, Jaintias, in their culture the youngest daughter inherit the property from her mother. Mizoram has about 16 major tribes and a number of sub-tribes,the youngest son inherits the property.
3. Polygamy is practised here but Both the other wife or wives are given social recognition as per customary norms.Her offspring enjoys equal property right from the father.
4. Arunachal Pradesh : In this culture women has no property right over immovable assets. The eldest son plays a predominant role next to the father in all matters.But in practice the paternal family socially supports the deserted and helpless daughter and provide maintenance to resettle her.
5. Interesting aspect of tribal marriage is the system of bride price which materially differs from the other personal laws.It is commonly practiced amongst majority of the tribes. The bride price is given by boy's family to the girls side.
7. Divorce is an important aspect of marriage amongst the tribals although instance of divorce is rare amongst the tribes.Divorce is permitted but not common and the recognized grounds may be infidelity, barrenness, cruelty but not strictly defined.
#Polity GS Paper 2
Context: Competition commission of India imposed a penalty of 591 crore on Coal India Limited for supplying lower quality of coal at higher prices and creating opaqueness in contract about supply parameters and quality.
CCI said CIL operated independently of the market forces and enjoyed dominance in relevant market.
CIL argued that they have secured Monopoly under Nationalisation act 1973, but CCI said now Nationalisation act is removed from Ninth schedule and coal is not essential commodity now, and thus comes under CCI.
Court agrees with CCI
#polity GS Paper 2
Context: Regulatory body for drugs failed in India as highlighted in:
1. Death of 70 children in Gambia because of the use of Diethylene glycol in place of Propylene glycol.
2. Death of a person in Sri Lanka after using anesthetic drugs.
Drug regulator in India
The drug controller general of India is the head of the Central Drugs Standard Control Organisation.
The CDSCO is the Central Drug Authority under the Drugs and Cosmetics Act.
CHALLENGES:
1. Absence of unified and interoperable labeling and identification standards.
2. Lack of adequate testing facilities, inspection, and monitoring mechanisms.
3. Absence of comprehensive databases to track and record violations, history, etc.
4. Non-scientific classification of offence: States do not prosecute dissolution, disintegration, or impurity failures because they deem them minor offense.
5. Competition amongst States: They issue manufacturing licences without looking into whether Good Manufacturing Practices are being followed.
#Polity GS Paper 2
Good Example of Cooperative Federalism where Punjab has agreed to supply Rice for Karnataka Anna Bhagya Scheme.
Under the scheme State plans to increase the quantity of free rice to a person.
According to Internet shutdown tracker, there has been 738 internet shutdown in India since 2012. REASONS ARE TO CHECK CHEATING IN EXAMS, RELIGIOUS PROCESSION AND during Protest.
While article 21 says Right to internet is the part of Article 21 in Anuradha Bhasin case and any ban should pass the test of Proportionality.
IT IS BASED ON TRIPLE TEST:
1. Legality, i.e. there must be a law in existence
2. Legitimate aim/State interest, which he illustrates as including goals like national security, proper deployment of national resources, and protection of revenue, social welfare.
3. Proportionality of the legitimate aims with the object sought to be achieved. There should be a rational nexus between the objects and the means adopted to achieve them.
The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, as a logical method to assist in discerning the correct balance between the objects of legislation and the means adopted to achieve them.
Comparison of India and US Reservation system:
Origin: India: Article 15 and 16 AND in USA, Civil rights act.
Purpose: In India to do historical injustice based on caste and in US, domination based on race.
System: Quota fixed in India while no Quota in US
Targeted Group: SC, ST, OBC, EWS in India and African American, ASIAN AMERICAN IN USA.
Criteria: Socially, educationally and economically weaker and in US, criteria is ethnicity and race.
#Polity GS Paper 2
Context: Governor dismissed Minister in Tamil Nadu.
Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population. Its aim is to provide equal representation for equal population segments, to ensure that no political party has an advantage. Delimitation is a constitutional exercise carried out based on preceding Census figures (2001 here)
While the number of seats (126 Assembly and 14 Lok Sabha) are being retained, (As there is a freeze on doing this by 84th amendment act) the EC has proposed not just changes in geographical boundaries, but also an increase in the number of reserved constituencies for Scheduled Tribes (ST) and Scheduled Castes (SC).
CHANGES PROPOSED
1. Reserved seats increased: SC assembly seats have increased from 8 to 9; ST assembly seats have increased from 16 to 19
2. Districts with autonomous councils (administered under the Sixth Schedule of the Constitution) get more seats: one assembly seat increased in West Karbi Anglong District; three assembly seats increased in the Bodo Territorial Region
3. Change in nomenclature: Kaliabor Lok Sabha constituency now named ‘Kaziranga’
So as we have discussed in class, seats cannt be increased just adjustment of constituencies can be done. Same thing has been done
EXAMPLE OF REGULATION OF SACRIFICES AND STATE SUPPORTED REFORM
👉Municipal Corporation shall ensure that no illegal slaughtering of animals shall be allowed unless the same is recognized or licensed by the Municipal Corporation.
👉Action by BMC and police to prevent slaughtering if license is not taken.
👉The Police Commissioner / Officer-in-Charge of Nagpada Police Station is directed to provide appropriate police assistance to the officers of the Municipal Corporation in the event an action is required to be taken.
https://www.livelaw.in/top-stories/bombay-high-court-bakri-eid-animal-slaughtering-231503
Quality council of India (Asked previously by UPSC)
Читать полностью…
#Governance GS Paper 2
Context: Aadhar based payment system is being used now in disbursal of MGNREGA Wages.
This system utilises the Aadhaar number of the recipient to identify them for the purpose of transferring funds.
Benefits:
1. This system promotes transparency in wage payments and helps to prevent any unauthorised access.
2. It prevents any disruptions in workers’ wage payments caused by issues with their bank accounts.
Present usage:
As per the government data, 88% of the transfers in May ’23 were based on ABPS.
IMPORTANT CHANGES:
1. In IT Act 2000, Intermediary is defined as any entity between user and Internet but this draft bill specifies 3 different types of digital intermediaries: Social media intermediaries, significant social media intermediaries (SMI), online gaming intermediaries.
2. Online misinformation is currently not a legal offence in the country. The Digital India Bill aims to address these shortcomings.
3. The BILL is also considering to modify safe harbour provisions under Section 79, which gives social media companies legal immunity against the users’ content being posted on their platforms.
Challenges:
1. Definition of SMI is too broad that it can encompass email and matrimonial sites too.
2. The rules say all the intermediaries should respond within 72 hours if asked by law enforcement agencies to resolve the issues in digital space but it treats all like cloud service provider, e commerce platform ISP similarly.
3. The concern follows that persons/bodies might be reluctant to fact-check content that favours the government, which will happen in the case of compulsory registration. They may face sanctions — explicit or implicit.
What can done is to exempt micro and small enterprises relating to digital space from any major obligation and clearly distinguish between communication services and other forms of intermediaries.
#Polity Fundamental Rights GS Paper 2
Context: As i have discussed previously , that Doctrine of essentiality test applies to the religion and separate secular and religious matter related to the religion. Ex: Appointment of priest in temple is secular matter and now we also know state can interfere in religious reform in secular sphere.
Seshammal vs TN: Appointment of Acharya in temple is secular sphere and only performance of religious service by Acharya is essential practice of religion.
And also any person appointed as Acharya can be of any caste and can perform religious rituals.
N Adihtayan VS Travancore Devaswom Board: Rituals can be performed by any trained person qualified to perform the Puja in appropriate manner.
#Polity GS Paper 2
Context: Law Commission consultation on UCC has been protested by Tribal group in Jharkhand, Manipur and other NE States. We will understand the relation between Tribals and UCC :
#POLITY GS PAPER 2
Through ordinance Central Govt has constituted National capital service authority,
The NCCSA shall comprise the chief minister of the government of the National Capital Territory of Delhi as its chairperson, along with the chief secretary and the principal home secretary, who shall be the member secretary to the authority.
It will be responsible for transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
#Polity GS Paper 2
Context: Review Plea
Under Article 137, the Supreme Court the power to review its judgments or orders. This provision forms the legal basis for the filing of a “review petition”.
Procedure
1. A review petition must be filed within 30 days of pronouncement of the judgment.
2. Except in cases of death penalty, review petitions are heard through “circulation” by judges in their chambers. They are usually not heard in open court.
3. Lawyers in review petitions usually make their case through written submissions, and not oral arguments. 4.The same judges who passed the original verdict usually also hear the review petition.
5. It is not necessary that only parties to a case can seek a review of the judgment on it. As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review.