CNA 19 April 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Nagaland’s municipal tightrope C. GS 3 Related D. GS 4 Related E. Editorials POLITY AND GOVERNANCE 1. The future of India’s civil society organisations INDIAN CONSTITUTION AND POLITY 1. A judgment that upholds the Constitution F. Prelims Facts 1. Stockholm Agreement 2. TeLEOS-2 G. Tidbits 1. Arunachal hosts Buddhist meeting at Dalai Lama’s first halt in 1959 2. India, Russia agree to deepen trade and economic relations 3. Caught between big powers, Nepal struggles to strike a balance in policy H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Nagaland’s municipal tightrope
Syllabus: Devolution of powers and finances up to local levels and challenges therein.
Prelims: About Urban Local Bodies (ULBs) and Article 371A of the Constitution.
Mains: Issue of extending reservations to women in ULB elections in Nagaland.
Background
- The Nagaland government decided to be in contempt of the Supreme Court rather than going against the community-based organisations and facing their wrath by repealing the Nagaland Municipal Act of 2001.
- The move led to the cancellation of the State Election Commission’s notification for conducting the Urban Local Bodies (ULBs) elections in Nagaland with 33% of the seats being reserved for women.
- However, the Supreme Court has stayed the notification cancelling the ULB elections body polls.
- Further, in the Legislative Assembly elections held in 2023, two women were elected to power for the very first time in Nagaland.
Opposition to ULB polls
- Nagaland is said to be the only State in the country where Urban Local Bodies seats are not reserved for women which are mandated under clause IV of the 74th Constitutional Amendment Act of 1992.
- The key reason for not extending the reservation to women is that several traditional tribal and urban organisations have opposed the 33% reservation of seats for women.
- These organisations believe that such reservations would violate the special provisions extended to Nagaland through Article 371A of the Constitution.
- According to Article 371A, no Act of Parliament would apply to the religious or social practices of the Nagas, their customary laws, administration of civil and criminal justice, and ownership and transfer of land and resources.
- Apex tribal hohos (bodies) argue that women have not been part of decision-making bodies as per their customs and traditions.
- The first and only ULB elections in the State were held in 2004 without reservation for women.
- In 2006, the State government amended the Municipal Act of 2001 to extend 33% reservation for women as mandated by the 74th Constitutional Amendment.
- This led to widespread opposition from local organisations which forced the government to postpone the ULB polls in 2009.
- Again in 2012, efforts to conduct the elections were met with strong protests.
- Later in September 2012, the State government enacted a resolution to exempt Nagaland from Article 243T of the Constitution which mandates the reservation for women in ULB elections.
- The resolution to exempt the state from Article 243T was revoked in 2016 and elections with 33% reservation were notified. This notification resulted in widespread protests and large-scale violence and the government declared the process to conduct the election null and void in February 2017.
Read about – Article 371 of the Indian Constitution
Latest developments
- Due to the pressure from the Supreme Court, the current Nagaland government after consulting various stakeholders such as churches, NGOs, and tribal bodies, established the ground for conducting elections in March 2022.
- The State Election Commission March notified the election dates.
- However, the tribal hohos and various civil society organisations opposed the move and cautioned the government that they would boycott the polls until the Municipal Act which extends reservations for women is reviewed and rewritten as per the will of the Naga people.
- Due to public pressure, the government has repealed the Municipal Act as the people “cannot be compelled” to participate in the elections.
Path ahead
- Various tribal and civil society organisations demand a “guarantee” that extending reservations to women would not violate the provisions of Article 371A.
- They say that before conducting the ULB elections, the duration of the reservation must be capped at two tenures and have demanded that the post of chairperson must not be reserved for women.
- The Naga Mothers’ Association (NMA) has held that the State government should have listened to or consulted women’s organisations before taking such decisions.
- Various women organisations have argued that reservations do not infringe upon Article 371A of the Constitution.
- The Supreme Court has also criticised the State government for adopting an “ingenious method” of repealing the Municipal Act to escape the court’s orders.
- The Supreme Court also pointed out that nothing so far has emerged w.r.t. Article 371A that denies the right of equality to women.
Nut graf: The government of Nagaland is caught between the Supreme Court and other organisations as there is resistance among various sections of the civil society on the matter of extending reservations for women in local body polls. Proper discussions and deliberations are to be undertaken to address the conflicting views and resolve the reservation issue.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: POLITY AND GOVERNANCE
1. The future of India’s civil society organisations
Syllabus: GS-2, Civil Society Organisations.
Mains: Role and future of Civil Society Organisations in India.
Details:
- It is argued that most governments no longer consult civil society organizations (CSO) either at the pre-legislative stage or at the redressal stage after the implementation of policies.
- The ability of these organizations in shaping policy and public discourse has shrunk drastically as they are viewed as the new frontier for war and foreign interference.
- The CSO’s access to resources has also been restricted through measures like cancelling Foreign Contribution (Regulation) Act clearances, revoking licences (12A/80-G), applying retrospective taxes, and forcing private companies and philanthropists to redirect funding.
- Vilifying CSO as disruptive and anti-national to India’s growth trajectory is a serious threat as civil society is an indispensable safety valve for issues in Indian polity.
Associated concerns:
- The author argues that the government is spearheading a structural change in India’s civil society landscape by providing patronage to many institutions associated with a political group.
- These institutions are accused of having access to and influence over State government departments.
- Though several state actors are aware of the existential crisis, they are still using outdated tactics like protests at Jantar Mantar, speeches, petitions/open letters that are fast diminishing in their utility.
- Even lobbying legislators and raising the issue in parliament does not result in any substantive course correction.
- The progressive CSOs also fail to blend socio-cultural values with welfare/constructive work and fail to garner mass support.
- It is found that local communities secure benefits from CSOs/movements, but are ideologically aligned with the ruling government. This results in psychological fatigue among key activists.
Implications on Civil Society Organizations:
- As a result of financial and structural restrictions, CSOs are losing conscientious youngsters that require some financial sustenance.
- CSOs cannot make a larger positive impact on the nation without sustained support.
- With the reduced spectrum of work, many activists will migrate to safer options and others will limit their scope of work and align with political parties.
- They will not be able to amplify the voices of the vulnerable, enrich policies, and work for the collective good of the nation.
Way Ahead:
- The young activists can be inducted into political parties or aligned bodies.
- This would create an institutionalized moral force within the parties.
- They can balance electoral compulsions with ethical or human rights considerations, thereby benefiting the party also.
- It would ensure that the party remains connected to the genuine problems of the community.
- They can champion the causes of Dalits, women, minorities, etc.
- CSOs should collaborate with other progressive stakeholders.
- Private philanthropies and companies should support CSOs.
Conclusion:
It should be realized that inaction today will result in the extinction of civil society, which is considered the fifth pillar of democracy.
Nut Graf: It is argued that Civil Society Organizations and Movements are losing their importance. In the prevailing political climate, these organizations should collaborate with progressive stakeholders and change their approach to influence policy decisions.
Category: INDIAN CONSTITUTION AND POLITY
1. A judgment that upholds the Constitution
Syllabus: GS-2, Role and functioning of executive and judiciary.
Mains: Judicial restraint on the Executive.
Context: The Supreme Court set away the centre’s ban on the telecast of the news channel MediaOne.
Details:
- The Supreme Court judgment in the Media One case (Madhyamam Broadcasting Ltd Media One Headquarters v. Union of India and Others) is a landmark judgment on freedom of expression and a decree against sealed cover malpractice.
- It supports the citizen’s right to question the state by differentiating the government from the nation.
- It is a rebuke against the misuse of the ‘national security’ clause that is often used by the government.
For details, read here: MediaOne Ban – Supreme Court’s Judgements
Significance of the Judgment:
- It comes at a time when the government is criticized for destabilizing various institutions of democracy.
- The SC is also under criticism for delaying important cases like the dilution of Article 370, electoral bonds, etc.
- The apex court has tried to regain its glory and underline the institutional capacity of the court in troubled political times.
- The court confronted the Centre in the case and asked it to renew the licence. It considered all the aspects like the right to a fair hearing, proportionality standard, and public interest claims.
- It shows the judiciary’s efforts to resist majoritarian overtones and make quality judgments.
Important Judgments
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Associated Concerns:
- Globally, many populist autocracies are trying to crush the judiciary with their majoritarian impulse. For instance,
- In Israel, the government is trying to meddle with the independence of the judiciary.
- The judges in Bolivia were arbitrarily dismissed in the last few years.
- The retirement age of the judges was lowered in Poland to induct new loyalist judges and retire the older ones.
- It should be noted that in the absence of the politics that support the Constitution, the Constitution cannot survive for long.
- The court can only provide a constitutional or judicial check against aggrandizing State. Some cases need a political solution instead of an adjudicatory resolution.
- The political checks on the executive require mass movements or electoral decisions.
- However, it is suggested that the impacts in such cases can also be political.
Way Ahead:
For the survival of the Constitution, it is important to struggle outside the court and complement the court’s counter-majoritarian postures.
Also read: Separation of Powers
Nut Graf: The Supreme Court in the MediaOne case has set away the centre’s ban on the telecast of the news channel. The apex court has tried to restrict the executive from taking any arbitrary decision. However, there are some existing challenges that need to be addressed in the upcoming judgments.
F. Prelims Facts
Syllabus: GS-2; International Relations
Prelims: About Stockholm Agreement and Yemen War
Context
Several prisoners detained during the Yemen war were recently reunited with their families as diplomatic efforts are underway to put an end to the conflict.
Stockholm Agreement
- The Stockholm Agreement was signed in December 2018 between the warring parties in control of parts of Yemen.
- The Stockholm Agreement was brokered by the United Nations (UN).
- The agreement contains three key components namely:
- The prisoner exchange agreement: As per this agreement, both parties had agreed to free conflict-related prisoners or detainees.
- The Hudayah agreement: This agreement included a ceasefire in the city of Hodeidah and other conditions such as no military reinforcements in the city and increased UN presence.
- The Taïz agreement: This agreement includes the establishment of a joint committee with participation from civil society and the UN.
About Yemen war
- The war in Yemen started in 2011 as a part of the Arab Spring protests.
- The two key warring parties in Yemen include the Iran-backed Houthis and the pro-Yemen government which is supported by the Saudi-led coalition.
- The Houthi rebels, backed by Iran, took advantage of the weak control in the country and captured the Saada province in the north, and the capital of Yemen Sana’a, in 2014.
- The subsequent Saudi-led interventions in Yemen failed to oust the Houthi rebels from Sana’a and now the Houthis using their drones and short-range missiles pose a serious security threat to Saudi and the neighbouring countries.
- The war has continued and has only ceased once in April 2022, when the Houthis and the Saudi-led coalition announced a two-month ceasefire ahead of Ramzan.
- Most recently, a Saudi-Omani delegation reached Yemen to hold discussions with the Houthi rebels for bringing about a permanent ceasefire.
For more information on the latest development in the Yemen war, refer to the following article:
2. TeLEOS-2
Syllabus: GS-3; Science and Technology; Awareness in the field of space
Prelims: About TeLEOS-2 Satellite
Context
The Indian Space Research Organisation (ISRO) plans to launch the TeLEOS-2 satellite on April 22, from the Satish Dhawan Space Centre in Sriharikota.
TeLEOS-2 satellite
- TeLEOS-02 is a Singaporean Earth Observation satellite.
- TeLEOS-02 is a 750kg satellite built by ST Electronics (Satellite Systems).
- The satellite consists of a Synthetic Aperture Radar (SAR) capable of providing 1 m resolution data made in Singapore, a 500 GB onboard recorder for recording the data captured and a high speed 800 Mbps downlink.
- In 2015, ISRO launched TeLEOS-1, the first Singapore commercial Earth Observation Satellite into a low Earth orbit for remote sensing applications.
- ISRO has so far launched nine satellites of Singapore and is planning to launch the TeLEOS-02 satellite using its workhorse Polar Satellite Launch Vehicle (PSLV)
- PSLV has proven to be one of ISRO’s most reliable and trusted launch vehicles.
- PSLVs have launched several hundred satellites with only three failures or partial failures since 1993.
- PSLV has and will also be part of India’s landmark and historic missions such as Chandrayaan-1, Mangalyaan, and AstroSat.
G. Tidbits
1. Arunachal hosts Buddhist meeting at Dalai Lama’s first halt in 1959
- Zemithang, which is the first stop of the 14th Dalai Lama during his journey from China-occupied Tibet in 1959, hosted a major Buddhist conference.
- The Buddhist conference in Zemithang in Tawang district saw the attendance of 600 delegates, including Tibetan spiritual leaders, from across India.
- Zemithang or Zimithang, in the Pangchen Valley, is a village and the last circle headquarters bordering Bhutan and Tibet. It is located on the bank of the River Nyamjang Chu and is about 96 km from Tawang.
- Zemithang literally means “sand valley” and the people residing in this region are famously known as “Pangchenpa”, which means “people who gave up sin”.
- The conference was organised by the Indian Himalayan Council of Nalanda Buddhist Tradition (IHCNBT).
- China contests the Zemithang circle’s border with Tibet along the Namka Chu and Sumdorong Chu valleys.
2. India, Russia agree to deepen trade and economic relations
- During the India-Russia Inter-governmental Commission on Trade, Economic, Scientific, Technological and Cultural Cooperation (IRIGC-TEC) meeting, both countries discussed the issue of “trade deficit”.
- In the meeting co-chaired by the Deputy Prime Minister and Minister of Trade and Industry from Russia, and the External Affairs Minister of India, both sides reviewed the various aspects of bilateral trade and economic relationship, and agreed to increase efforts to unlock its full potential.
- The Russian Minister also met the Union Commerce and Industry Minister, the Finance Minister and the National Security Adviser.
3. Caught between big powers, Nepal struggles to strike a balance in policy
- Nepali politics continues to experience constant flux as apart from domestic challenges the country also faces myriad challenges with respect to foreign policy.
- Nepal’s foreign policy faces three-way challenges as China continues to expand its sphere of influence in Nepal, while India has traditionally enjoyed its clout and now the Americans appear to have renewed their interest.
- With the passage of the Millennium Challenge Corporation-Nepal Compact (MCC), there has been an increased number of visits by U.S. officials.
- As per the MCC, the U.S. will extend $500 million in grants to develop electricity transmission lines and improve roads in Nepal.
- Nepal is also part of the Chinese Belt and Road Initiative (BRI) since 2017.
- As the U.S. and China jostle for influence in Nepal, Nepal Prime Minister Pushpa Kamal Dahal ‘Prachanda’ also faces a tightrope walk with India.
- Nepal can actually act as a bridge between two big economies namely India and China which can also be the key to its own economic development. However, Nepal has failed to materialise mainly due to its unstable politics.
- Due to the instability in domestic politics, Nepali leaders have failed to prioritise foreign policy in the national interest.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements with regard to the Special Marriage Act, 1954:
(Level – Moderate)
- The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
- Section 5 of the Act specifies that the parties must give written notice to the Marriage Officer of the District and that at least one of the parties must have lived in the district for at least 30 days immediately before the date of such notification.
- Section 7 of the Act allows any person to object to the marriage before the expiration of 30 days from the date of the notice’s publication.
Choose the correct code:
- Only one statement is wrong
- Two statements are wrong
- All statements are wrong
- None of the statements is wrong
CHECK ANSWERS:-
Answer: d
Explanation:
- Statement 1 is correct, The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
- Statement 2 is correct, As per Section 5 of the Act, the parties must give written notice to the Marriage Officer of the District and at least one of the parties must have lived in the district for at least 30 days immediately before the date of such notification.
- Statement 3 is correct, Section 7 of the Act allows any person to object to the marriage before the expiration of 30 days from the date of the notice’s publication.
Q2. Consider the following statements: (Level – Moderate)
- A “civil union” refers to the legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
- Although a civil union resembles a marriage and brings with it employment, inheritance, property, and parental rights, there are some differences between the two.
- As per the adoption rules in India, a child can be adopted only if “there is consent of both the spouses for the adoption in case of a married couple”, and “a single male shall not be eligible to adopt a girl child”.
Choose the correct code:
- 1 & 3 only
- 2 & 3 only
- 1 & 2 only
- All of the above
CHECK ANSWERS:-
Answer: d
Explanation:
- Statement 1 is correct, A “civil union” refers to the legal status that allows same-sex couples specific rights and responsibilities normally conferred upon married couples.
- Statement 2 is correct, Although a civil union resembles a marriage and brings with it employment, inheritance, property, and parental rights, there are some differences between the two.
- Statement 3 is correct, As per Section 5(2)A of the Adoption Regulations, 2022 a child can be adopted only if “there is consent of both the spouses for the adoption in case of a married couple”, and “a single male shall not be eligible to adopt a girl child”.
- Further, According to Section 5(3) of the Adoption Regulations, 2022 a couple cannot adopt unless they have at least two years of stable marital relationship, except in the case of relatives or step-parent adoption.
Q3. Consider the following statements: (Level – Moderate)
- India is a signatory to the Information Technology Agreement (ITA) which came into effect in July 1997 and accounts for more than 95 per cent of the world trade in products such as computers, telecom equipment, semiconductors and scientific instruments.
- As a signatory to the agreement, India is required to eliminate tariffs on these products.
- At the Nairobi Ministerial Conference in December 2016, the nations decided to conclude the expansion of the Agreement, and named it Information Technology – II Agreement.
Choose the correct code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: a
Explanation:
- Statement 1 is correct, India is a signatory to the Information Technology Agreement (ITA) which came into effect in July 1997 and accounts for more than 95% of the world trade in products like computers, telecom equipment, semiconductors and scientific instruments.
- Statement 2 is correct, As a signatory to the Information Technology Agreement (ITA), India is mandated to eliminate tariffs on these products.
- Statement 3 is not correct, The Nairobi Ministerial Conference was held in December 2015. At this conference, the member countries concluded the expansion of the Agreement, and named it Information Technology Agreement – II.
Q4. Which of the following is not correct about the National Mobile Monitoring System App? (Level – Easy)
- The National Mobile Monitoring Software (NMMS) App was launched by the Ministry of Cooperative in May 2021.
- The National Mobile Monitoring App is applicable for the Mahatma Gandhi NREGA workers for all the States/Union Territories.
- The main feature of the app is the real-time, photographed, geo-tagged attendance of every worker to be taken once in each half of the day.
- The app helps in increasing citizen oversight of the programme.
CHECK ANSWERS:-
Answer: a
Explanation:
- The National Mobile Monitoring Software (NMMS) App was launched by the Minister of Rural Development on May 21 2021.
- This app is aimed at bringing more transparency and ensures proper monitoring of various schemes.
- The NMMS App is applicable for the Mahatma Gandhi NREGA workers for all the States/Union Territories.
- The NMMS App permits taking real-time attendance of workers along with geo-tagged photographs. The app also helps in increasing citizen oversight of the programme.
Q5. What was the exact constitutional status of India on 26th January 1950? (Level – Easy) PYQ (2021)
- A Democratic Republic
- A Sovereign Democratic Republic
- A Sovereign Secular Democratic Republic
- A Sovereign Socialist Secular Democratic Republic
CHECK ANSWERS:-
Answer: b
Explanation:
- The exact constitutional status of India on 26th January 1950 was ‘Sovereign Democratic Republic’.
- The Preamble was amended in 1976, by the 42nd Constitutional Amendment Act, which added three new words – Socialist, Secular and Integrity – to the Preamble.
I. UPSC Mains Practice Questions
- What role do the civil societies have in India’s success story? Identify some of the roadblocks these organizations are facing in their operations. (15 marks, 250 words) [GS-2, Governance]
- Customs and traditions must not be used as an excuse to deprive a section of the population of their rights. Do you agree? Elaborate. (15 marks, 250 words) [GS-2, Social Justice]
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CNA 19 April 2023:- Download PDF Here
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