CNA 2nd April 2021:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY AND GOVERNANCE 1. No interest cut on small savings INTERNATIONAL RELATIONS 1. Pakistan freezes plan to allow imports from India C. GS 3 Related DEFENCE 1. Rawat launches joint logistics hub D. GS 4 Related E. Editorials POLITY 1. An Act of colourable legislation GOVERNANCE 1. Stop the Ambassadorships for sale F. Prelims Facts 1. Star campaigner 2. Dadasaheb Phalke for Rajinikanth G. Tidbits 1. Three more Rafale jets arrive in India 2. States get ₹45,000 cr. as additional devolution 3. Biden allows H1-B visa ban to expire H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Category: POLITY AND GOVERNANCE
1. No interest cut on small savings
Context:
The government has backtracked and reversed the sharp rate cuts on small savings.
- The interest rates would remain unchanged from those notified for the fourth quarter of the FY 2020-21.
This topic has been covered in the 1st April 2021 Comprehensive News Analysis.
Category: INTERNATIONAL RELATIONS
1. Pakistan freezes plan to allow imports from India
Context:
A day after announcing its plan to allow the import of cotton and sugar from India, the Pakistan government has deferred the decision to allow imports from India.
This topic has been covered in the 1st April 2021 Comprehensive News Analysis.
C. GS 3 Related
1. Rawat launches joint logistics hub
Context:
Chief of Defence Staff General Bipin Rawat operationalised the third joint logistics node (JLN) in Mumbai.
Details:
- Until recently, the three armed forces had separate facilities for logistics and maintenance. But there was a demand for enhancing interoperability, and synergy among the three services was a long-standing issue.
- Joint logistical nodes were planned in areas where two or more services are located to cater to logistical needs.
- Operationalising the JLN comes as a part of measures to boost tri-service integration and resource optimisation.
- The initiative would accrue advantages in terms of saving of manpower, economise utilisation of resources, besides financial savings.
- The establishment and operationalisation of JLNs is a very important first step in the direction of logistics integration of the three Services.
Joint Logistics Node (JLN)
- These JLNs will provide integrated logistics cover to the armed forces for their small arms ammunition, rations, fuel, general stores, civil hired transport, aviation clothing, spares and also engineering support in an effort to synergise their operational efforts.
- The JLNs will function on a ‘Lead Service Concept’ wherein the provisioning and procurement actions in respect of common items for all services will be done by the lead Service of that station, like at Mumbai (lead Service Navy), Guwahati (lead Service Army) and Port Blair (ANC).
Note:
- The government sanction letter for the establishment of the JLNs in Mumbai, Guwahati and Port Blair was signed in 2020.
- The JLNs in Guwahati and Tri-Services, Andaman and Nicobar Command, Port Blair, were operationalised in January this year.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. An Act of colourable legislation
Reference:
UPSC Comprehensive News Analysis of 29th March
Read more about various judicial doctrines in the link.
The doctrine of casus omissus
Background
- A “Statute” is the will of the sovereign legislature according to which the governments function.
- The executive must act and the judiciary in the course of administration of justice must apply the law as laid down by the said legislative will.
- Very often occasions will arise where the courts will be called upon to interpret the words, phrases and expressions used in the statute. In the course of such interpretation, the courts have, over the centuries, laid down certain guidelines which have come to be known as “Rules of Interpretation of Statutes”.
Interpretation and construction
- Interpretation is the method by which the true sense or the meaning of the word is understood.
- According to Cooley, “interpretation differs from construction in that the former is the art of finding out the true sense of any form of words; construction, on the other hand, is the drawing of conclusions respecting the subjects that are beyond the direct expression of the text”.
- The term ‘construction’ has been explained in CWT vs. Hashmatunnisa Begum to mean that something more is being got out in the elucidation of the subject matter than can be got by the strict interpretation of the words used. Judges have set themselves in this branch of the law to try to frame the law as they would like to have it.
Meaning
- The term ‘omissus’ means “cases of omission”.
- Omission in a statute cannot be supplied by construction.
- A matter which should have been provided in a statute cannot be supplied by the courts.
- A casus omissus cannot be supplied by courts by judicial interpretative process except in the case of clear necessity and when the reason for it’s found in the four corners of the statute itself.
- The first and primary rule of the construction is that the intention of the legislature must be found in the word used by the legislature itself.
Inference
- There is no scope for importing into the statute words which are not there. Such importation would be, not to construe, but to amend the statute. Even if there be a casus omissus, the defect can be remedied only by legislation and not by judicial interpretation.
- It is certainly not the duty of the court to stretch the words used by the legislature to fill the gaps or omissions in the provisions of an Act, as given in Hiradevi v District Board.
1. Stop the Ambassadorships for sale
Spoils System
- The Spoils System, also called the Patronage System, is a practice in which a political party, after winning an election, rewards its campaign workers, friends (cronyism), relatives (nepotism) and other active supporters by appointment to government posts.
- The Spoils System promotes the firing of political enemies and the hiring of political friends which is a lucrative push used by a political party to attract and lure supporters so that they can keep working for the party.
- It is opposed to the merit system, where offices are awarded on the basis of some measure of merit, independent of political activity.
- A permanent civil service appointed through a competitive examination is an example of the Merit System.
- This is a common practice of selection in the United States of America.
Issues with the spoils system
- The Presidents of the United States appoint ambassadors out of those who have paid big financial contributions to the party.
The appointments have the solid backing of the U.S. Constitution
Article II
- The executive power shall be vested in a President of the United States of America.
- Article II, Section 2, of the Constitution provides that the President shall appoint officers of the United States “by and with the Advice and Consent of the Senate.”
- It means that the President enjoys wide latitude in selecting a nominee and the Senate is comparably free to choose whether to advise and consent.
- The onus for the quality and integrity of the nominees rests on the President, but the Senate has the right to hold back confirmation of any nominee, including career diplomats.
Complicated process
- The path to ambassadorships for donors is not at all smooth.
- The Senate largely through committee investigations and hearings examines the qualifications of nominees and any potential conflicts of interest.
- The Senators can also influence policy through the confirmation process, either by rejecting nominees or by extracting promises from nominees before granting consent.
- Therefore the Senate confirmation is quite a complicated process in which the investigating agencies examine their entire past to see whether they have ever been guilty of any misdemeanour, which disqualifies them for the high appointment.
- Anything adverse that comes to the notice of the agencies will be conveyed to the nominee concerned. It is then up to him to decide whether to face the charges or quietly withdraw his candidature.
The Indian way
- India has a more sophisticated system of appointing “political” ambassadors, not for donation to political parties, but as an avenue to recognise and reward talent.
- In the early years, Maharajas were appointed to several posts.
- And later, politicians were sent abroad when they had to be kept away from the country.
- The Government apparently has the discretion of appointing political ambassadors in up to 30% of the posts. But now, the number of political ambassadors is small, if at all, and the senior posts are open to career diplomats.
Example
India has had some very distinguished and successful political ambassadors.
- Examples are, three political ambassadors in Moscow (Dr. K.S. Shelvankar, D.P. Dhar and I.K. Gujral) and one in Washington (Naresh Chandra); all of them fulfilled certain criteria set by the Government, which included greater acceptability of political ambassadors in major capitals.
- The most celebrated political ambassador was Kushok Bakula Rinpoche, a Buddhist monk from Ladakh, who was appointed to Mongolia. He is credited with reviving Buddhism in Mongolia.
- The Head of State himself used to pay obeisance to him as the Mongolians followed the same Mahayana Buddhism practised in Ladakh.
- Even after he completed his diplomatic assignment, Kushok Bakula Rinpoche retained strong ties with Mongolia till he died in his eighties.
Merit System in India
- The Union Public Service Commission (UPSC) has done a commendable job over the years by insulating recruitments from political patronage and selecting the best and the brightest through open competition and transparent procedures.
Conclusion
- There are many countries that continue to believe that long careers in the Foreign Service are not necessary for people to be effective ambassadors.
- This is a false notion as career ambassadors work to protect their home country’s citizens, repair relationships between nations, and create lasting bonds that help them shape foreign policy which comes with experience and long years of Leadership, Negotiation Skills and Cross-Cultural Awareness. Therefore, it should be less political and more merit-oriented.
F. Prelims Facts
- Star campaigners are people who are nominated by parties to campaign in a given set of constituencies.
- These persons are, in almost all cases, prominent and popular faces within the party.
- There is no specific definition of a “star campaigner” according to law or the Election Commission of India.
Read more on Star campaigner.
2. Dadasaheb Phalke for Rajinikanth
What’s in News?
The Centre announced the prestigious Dadasaheb Phalke Award for Rajinikanth for his contribution as an actor, producer and screenwriter.
Dadasaheb Phalke Award:
- Instituted in 1969, the award is the highest honour for an artist in Indian cinema.
- The Award is a part of the ‘National Film Awards’.
- It is presented annually by the ‘Ministry of Information and Broadcasting’.
- The award is presented by the President of India.
- The first recipient of the award was Devika Rani Roerich.
- It consists of a ‘Swarna Kamal’ (Golden Lotus), a cash prize of Rs 10 lakh, a certificate, a silk roll, and a shawl.
Note:
Dhundiraj Govind Phalke is the pioneering filmmaker who gave India its first film, ‘Raja Harishchandra’, in 1913. The Award is named after him.
G. Tidbits
1. Three more Rafale jets arrive in India
What’s in News?
The fourth batch of three Rafales landed in India. This takes the number of Rafales in service to 14.
Rafale:
The Dassault Rafale Jet is a multirole fighter jet designed and built by Dassault Aviation, a French aircraft manufacturer.
Read more on Rafale Fighter Jets.
2. States get ₹45,000 cr. as additional devolution
What’s in News?
The Finance Ministry has released ₹45,000 crore to the States as additional devolution in FY21 following revenue buoyancy in the March quarter.
Details:
- As per the Revised Estimates for FY21, ₹5,49,959 crore, being 41% of the shareable pool of taxes and duties, were estimated to be released.
- The 15th Finance Commission has recommended that States be given 41% of the divisible tax pool of the Centre during FY21.
- The Finance Ministry has devolved ₹5,94,996 crore, based on initial estimates of the shareable pool that would be collected in FY21.
3. Biden allows H1-B visa ban to expire
What’s in News?
The White House has allowed a 2020 ban on H1-B skilled worker and certain other temporary visas to expire on March 31, 2021.
Background:
- H1-B visas, used more by Indian professionals than any other nationality, were suspended by President Donald Trump in June 2020.
- The decision was made ostensibly to protect American jobs, already reeling under the impact of the COVID-19 pandemic.
- Visas for intra-company transfers (L1), exchange visitors (J1), temporary non-agricultural workers (H-2B) and dependents of H1-B holders (H4) were also impacted by the expiring ban.
Read more on this topic covered in H-1B Visas Temporarily Suspended: RSTV- Big Picture
H. UPSC Prelims Practice Questions
Q1. Consider the following statements:
- A recognised political party can have 40 star campaigners.
- A registered unrecognised political party cannot have any star campaigners.
- The Election Commission of India has defined “star campaigner” in the Model Code of Conduct.
Which of the given statement/s is/are INCORRECT?
- 1 only
- 2 only
- 2 and 3 only
- 1 and 3 only
CHECK ANSWERS:-
Answer: c
Explanation:
- Star campaigners are the people nominated by parties to campaign in a given set of constituencies. They are usually prominent and popular faces within the party.
- A recognised (mainstream) party can field a maximum number of 40 star campaigners while unrecognised political parties can field up to 20 campaigners.
- A Star Campaigner, by standard definition, is a candidate chosen by a political party to contest in a given constituency.
- He/she is chosen usually on the basis of popularity but there is no specific definition under Indian law and the Election Commission (EC).
Q2. Consider the following statements with respect to Dadasaheb Phalke Award:
- It is India’s highest film honour conferred for outstanding contribution to the growth and development of Indian cinema.
- It is a part of the National Film Awards.
- It is presented annually by the Ministry of Information and Broadcasting.
Which of the given statement/s is/are correct?
- 1 only
- 2 and 3 only
- 1, 2 and 3
- 1 and 3 only
CHECK ANSWERS:-
Answer: c
Explanation:
All the statements are correct.
Q3. Consider the following statements with respect to BIMSTEC:
- It was formed through the Bangkok Declaration.
- Nepal and Pakistan are not members of BIMSTEC.
- The platform helps India fulfil its ‘Neighbourhood First’ and ‘Act East’ policies.
Which of the given statement/s is/are correct?
- 1 and 3 only
- 2 and 3 only
- 1, 2 and 3
- 2 only
CHECK ANSWERS:-
Answer: a
Explanation:
- BIMSTEC was formed in 1997, originally with Bangladesh, India, Sri Lanka and Thailand, and later included Myanmar, Nepal and Bhutan.
- BIMSTEC now includes five countries from South Asia and two from ASEAN.
- It includes all the major countries of South Asia, except Maldives, Afghanistan and Pakistan.
- For India, it is a natural platform to fulfil its key foreign policy priorities of ‘Neighbourhood First’ and ‘Act East’.
Q4. Consider the following statements:
- Vishuva Milan is celebrated annually to mark the formation of the state of Odisha.
- Odisha was the first Indian state formed on a linguistic basis post-independence.
- Madhusudan Das and Gopabandhu Das are credited for having played a crucial role in the unification of different Odia-speaking tracts.
Which of the given statement/s is/are INCORRECT?
- 2 only
- 2 and 3 only
- 1 and 2 only
- None of the above
CHECK ANSWERS:-
Answer: a
Explanation:
- On April 1, 1936, Orissa (now Odisha) became a separate state to be formed on a linguistic basis, and the date since then is commemorated as Utkal Divas.
- This Day is also known as Vishuva Milan.
- The leaders of the movement demanding a separate state for all the Odia-speaking regions were Madhusudan Das, Gopabandhu Das, Maharaja Sri Ram Chandra Bhanj Deo and others.
- Andhra Pradesh was the first Indian state to be created on a linguistic basis post-independence.
I. UPSC Mains Practice Questions
- The spoils system of hiring a person to a government post promotes corruption and inefficiency. Comment (10 Marks, 150 Words) [GS-2, Governance]
- What is the doctrine of ‘pith and substance’? Explain with relevant case laws. (10 Marks, 150 Words) [GS-2, Polity]
Read the previous CNA here.
CNA 2nd April 2021:- Download PDF Here
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