CNA 16 Dec 2022:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Kerala’s University Laws (amendment) Bills GOVERNANCE 1. Illegal Gratification By A Public Servant 2. Uniform Civil Code C. GS 3 Related D. GS 4 Related E. Editorials POLITY 1. Principle of Non-Intervention GOVERNANCE 1. Working of RTI Act F. Prelims Facts G. Tidbits 1. Agni-V ballistic missile 2. UN Commission on the Status of Women H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Kerala’s University Laws (amendment) Bills
Syllabus: Role of Governor
Mains: Various issues with respect to Governor’s role in State
Context: The Kerala government on December 13, 2022, passed the two University Laws (Amendment) Bills in the State Assembly.
Introduction:
- The Kerala State Assembly passed two University Law (Amendment) Bills to replace the Governor as the Chancellor of 14 State universities.
- The bills require the Governor’s assent to become law.
- These will enable the State government to appoint academicians or “persons of eminence” in various fields of knowledge, including agriculture and veterinary science, technology, medicine, social science, humanities, literature, art, culture, law or public administration as Chancellors in all State universities except the National University of Advanced Legal Studies, and Kerala Kalamandalam.
- The Bills also provide provisions to limit the term of the appointed chancellor to five years.
Arguments against the Bill:
- The bills would give the State Government more freedom in appointing its own nominees as VCs of State Universities.
- This results in a transfer of power over university administration from the Governor and the UGC to the State Government.
- The Opposition political parties fear that the State Government would try to turn State universities into its territory of control, leading to the erosion of the autonomy universities enjoy.
Background:
- The Governor and the State government of Kerala are facing major differences over multiple issues.
- The latest controversy has flared up because the Governor has demanded the resignation of various vice-chancellors (V-C) post the Supreme Court order setting aside the appointment of the Vice-Chancellor of a technology university.
- In a case challenging the appointment of the Vice Chancellor of a Technological University, the Supreme Court ruled that the appointment was not in accordance with the regulations of the University Grants Commission (UGC).
- It was observed that the Search Committee identified only one candidate and recommended it to the Chancellor for appointment. However, as per UGC regulations, a panel of 3 to 5 names should be recommended to the Chancellor.
- The Governor responded to the SC’s direction by demanding the resignation of the V-Cs of nine universities. However, when this order was challenged in the Kerala High Court, the Governor converted the directive into a show-cause notice asking V-Cs to explain the legality of their appointments.
- Moreover, the Governor has also sought the dismissal of the State Finance Minister after his comments. He declared that he has withdrawn the pleasure of having him in the Council of Ministers.
- The Finance Minister of Kerala made comments against the Governor’s action saying that someone who had seen universities in Uttar Pradesh could not understand the system of universities in Kerala.
- The Governor considered that the statements lowered the dignity of the office of the Governor and undermined national unity and stoked regionalism. It was also likened to sedition.
- However, the Chief Minister of Kerala reacted by saying that considering the democratic conventions and traditions of India, the statement does not warrant a ground for cessation of pleasure doctrine.
- Governor also denied assent to the controversial Lok Ayukta (Amendment) Bill and University Laws (Amendment) Bill passed earlier by the State Assembly.
- The State Cabinet noted that the Punchhi Commission set up in 2007 had recommended that State governments desist from burdening Governors with the Chancellor’s role and said that the government will go to any extent to insulate the jurisdictional autonomy of universities from Governor’s trespasses.
Read more on State Government Vs Governor
Nut Graf: The Kerala government has decided to remove the Governor of the State as the Chancellor of the State University and has sought to replace him with “renowned academic experts”. As ‘Universities’ are a State subject under entry 32 of the Constitution, the State Government has the power to legislate on this matter.
1. Illegal Gratification By A Public Servant
Syllabus: Important Aspects of Governance, Transparency & Accountability
Mains: Various measures to eradicate corruption
Context: A Constitution Bench of the Supreme Court on December 15, 2022, held that the demand and acceptance of a bribe or illegal gratification by a public servant can be inferred by a court on circumstantial proof in the absence of direct evidence.
Observations by the Supreme Court:
- The Constitutional Bench was responding to a question about whether public employees could be found guilty of corruption under
- Sections 7 (public employee taking gratification other than legal remuneration in respect of an official act) and
- 13 (1)(d)(i) and (ii) (criminal misconduct by a public employee) in the absence of direct oral or written evidence because the complainant was unavailable due to his death or for any other reason.
- The Supreme Court permitted to draw a deduction of culpability or guilt of a public servant under Sections 7, 13 (1)(d)(i) and (ii) read with 13(2) based on other evidence used by the prosecution in the absence of the evidence of the complainant.
- The prosecution can prove its case of corruption with the help of any other witness, oral or documentary evidence or circumstantial evidence in cases in which the complainants have turned hostile. The trial would not abate or result in an acquittal.
- The bench said if a bribe-giver offers to pay illegal gratification without there being any demand from the public servant and the latter simply accepts the offer and receives the payment, it would be a case of “acceptance” under Section 7 of the Prevention of Corruption (PC) Act.
- If the accused public servant makes a demand for a bribe and accepts the payment, it would be a case of “obtainment” and an offence under 13 (1)(d)(i) and (ii) of the PC Act.
- But both the offer by the bribe-giver and the demand and acceptance of the illegal gratification have to be effectively proved by the prosecution as a fact.
- Mere acceptance and receipt of the illegal gratification without anything more would not make it an offence under Sections 7 and 13 (1)(d)(i) and (ii) of the Act.
Nut Graf: The Constitution Bench of the Supreme Court responding to a question on corruption insisted on sincere efforts from complainants and prosecution to ensure punishment of corrupt public servants as corruption has a negative impact on the efficient administration and governance of the country.
Syllabus: Government Policies & Interventions for Development
Mains: Uniform Civil Code and its implication on Personal Laws in India.
Context: Union Law Minister on December 15, 2022, informed the Rajya Sabha that States can enact laws on a uniform civil code.
Introduction:
- The Union Government told Parliament that States are empowered to enact personal laws that decide issues such as succession, marriage and divorce to secure a uniform civil code (UCC).
- In a written reply, the law minister said that “Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
- Personal laws such as intestacy and succession, wills, joint family and partition, marriage and divorce come under Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution, and hence, the States are also empowered to legislate upon them.
Background:
- Several States including Gujarat and Madhya Pradesh have recently announced their intention to implement the UCC.
- A private member bill was introduced in Rajya Sabha on December 09, 2022, for the implementation of the Uniform Civil Code (UCC) across the country.
- The Bill proposes to set up the National Inspection and Investigation Committee for the preparation of UCC and its implementation throughout the country.
Read more on the Uniform Civil Code Issue
Nut Graf: Initiatives by several state governments and the introduction of a private member bill to implement UCC throughout the country have met with severe opposition as they believe that the proposed legislation is against the spirit of the Constitution.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Principle of Non-Intervention
Syllabus: Separation of Powers
Mains: Doctrine of Separation of Power in Indian Constitution
Context: The President and Vice President of India on different occasions highlighted the significance of the doctrine of Separation of Powers.
Introduction:
- The President, in her valedictory address at the Constitution Day Celebrations, being organised by the Supreme Court, said that “the Constitution outlines a map for good governance. The most crucial feature in this is the doctrine of separation of functions and powers of the three organs of the State”.
- She appreciated the way the three organs have respected the boundaries set in place by the Constitution which has been the hallmark of our Republic while cautioning all three organs against excessive “zeal” which may lead to transgressing the “boundaries”.
- The Vice President, in his capacity as Chairman of the Rajya Sabha, addressed the House for the first time on December 7.
- In his address, he opined that the sublimity of the Doctrine of Separation of Powers is realised when Legislature, Judiciary and Executive optimally function in tandem and togetherness, meticulously ensuring scrupulous adherence to their respective jurisdictional domains.
- Further, the Vice-President made reference to the 2015 verdict of the Supreme Court which struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment, and asked how the judiciary struck down a unanimously-passed constitutional provision that reflected the will of the people.
Doctrine of Separation of Powers:
- It is a doctrine in which the three organs of the government, the executive, the legislature and the judiciary have separate functions and powers, and one organ does not interfere in the functioning of the others.
- There is a risk of poor management, corruption, nepotism, and the misuse of power when the government’s power is concentrated in a single hand.
- Therefore, the separation of powers is necessary to prevent authoritarian rule in the nation, foster efficient government, stop the legislature from passing arbitrary or unconstitutional legislation, and protect individual liberty.
Read more on the Separation of Powers.
Nut Graf: Recent remarks made by the President and Vice President of India on the Doctrine of Separation of Powers assume significance amidst ongoing confrontation between the Union government and the Supreme Court over the existing procedure of judicial appointments.
Syllabus: Important Aspects of Governance, Transparency & Accountability
Mains: Various issues with the Implementation of RTI in India
Context: This article discusses various aspects of the RTI act in the country.
Right to Information (RTI) Act, 2005:
- The Right to Information (RTI) Act was enacted in 2005 to promote transparency and accountability in the working of every public authority.
- This Act provided for the right to information for citizens to secure access to information under the control of the public authority.
- The Act also mandates timely responses to citizen requests for government information.
- The RTI gives the citizens the power to participate in the policymaking process and has played a key role in making public authorities accountable and transparent in their functioning.
- RTI has been extensively used by various activists, lawyers, bureaucrats, researchers, and journalists.
- RTI is a remarkable example of participatory democracy.
Read more on the Right to Information.
Efficacy of RTI:
- RTI empowers the common man by providing access to authentic information which makes people more aware and proactive.
- It has helped them question the efficiency and rationality behind public policies and improve participatory democracy.
- The Act provides an added layer of scrutiny of public offices with improved transparency & accountability.
- RTI has emerged as a tool to fight corruption in India.
- For instance, an RTI filed by a non-profit organization, Housing and Land Rights Network, revealed that the Delhi government had diverted Rs 744 crore from funds earmarked for the welfare of the Dalit community to the Commonwealth Games.
- The citizen-centric approach of the Act promotes citizen-government partnership in carrying out the programmes for the welfare of the people.
- The RTI Act came as a result of a very strong grassroots movement, where people demanded legislation to seek information from the government. Filing an RTI application is straightforward and a simple process.
- Studies have shown that a very large percentage of RTI applications are filed by the poorest and the most marginalised, usually asking for information that relates to their very basic rights and entitlements.
Issues with the implementation:
- According to an estimate, between 40 and 60 lakh RTI applications are filed every year, but less than 3 per cent of Indian citizens have ever filed an RTI plea.
- Of the applications filed, less than 45 per cent received the information they had sought, according to the ‘Report Card of Information Commissions in India, 2018-19’ released by the Satark Nagrik Sangathan (SSN) and the Centre for Equity Studies (CES).
- But of the 55 per cent who didn’t receive the information, less than 10 per cent filed appeals.
- There is also a lack of adequate infrastructure and a shortage of staff in government offices to deal with RTI applications.
- There is the issue of threats and acts of violence against RTI activists.
- In the last 15 years, at least 86 people who had filed RTI applications have been killed while 175 others have been attacked.
- The proposed Data Protection Bill will set up a system of amending the RTI law in a manner that all personal information will be exempted.
- The entire proactive disclosure scheme provided for under the RTI Act is going to be completely undermined due to the provisions in the proposed bill.
Nut Graf: RTI is being used to redress individual grievances, access entitlements such as ration cards and pensions, investigate government policies and decisions, and expose corruption and misuse of government resources. The major impediment is the lack of awareness of RTI law and the lack of its widespread adoption.
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
- India on December 16, 2022, successfully test-fired the nuclear-capable ballistic missile Agni-V.
- Agni-V is the most advanced surface-to-surface indigenously built ballistic missile.
- Agni-V is a fire-and-forget missile, which once fired cannot be stopped, except by an interceptor missile.
- The Strategic Forces Command (SFC) which operates the Agni-5, carried out the successful test of the missile from APJ Abdul Kalam Island off the coast of Odisha.
- SFC is a key tri-services formation that manages and administers all the strategic assets and falls under the purview of the Nuclear Command Authority of India.
- The missile, which uses a three-stage solid-fuelled engine, has been developed by the Defence Research and Development Organization (DRDO) under the Integrated Guided Missile Development Programme (IGMDP).
- The missile can strike targets at ranges up to 5,000 km which brings almost entire Asia including the northernmost part of China and regions in Europe under its striking range.
Read more on Missiles of India.
2. UN Commission on the Status of Women
- The 54-member UN Economic and Social Council (ECOSOC) adopted a resolution introduced by the US to remove Iran from the Commission on the Status of Women (CSW) for the remainder of its four-year term ending in 2026.
- The development comes in the wake of the country’s brutal crackdown on protests over the Hijab.
- The CSW meets annually in March at the UN Headquarters in New York and is described as the biggest gathering of gender equality advocates in the world.
- The UN Commission on the Status of Women (CSW) was established in 1946 and has become instrumental in promoting women’s rights, documenting the reality of women’s lives throughout the world, and shaping global standards on gender equality and the empowerment of women.
- Its 45 members are elected by ECOSOC, based on equitable geographical distribution, and serve for four years.
H. UPSC Prelims Practice Questions
Q1. With respect to Agni-5, which of the following statements is/are correct? (Level-Medium)
- It is a surface-to-air Nuclear Capable Ballistic missile.
- The nuclear-capable missile which uses a three-stage solid-fuelled engine has been developed by the Defence Research and Development Organisation (DRDO).
- Strategic Forces Command (SFC) which is responsible for the management and administration of the country’s tactical and strategic nuclear weapons stockpile operates the Agni-5.
Options:
- 1 only
- 1 and 3 only
- 2 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 01 is incorrect, Agni-V is the most advanced surface-to-surface indigenously built ballistic missile.
- Statement 02 is correct, The missile, which uses a three-stage solid-fuelled engine, has been developed by the Defence Research and Development Organisation (DRDO) under the Integrated Guided Missile Development Programme (IGMDP).
- Statement 03 is correct, The Strategic Forces Command (SFC) operates the Agni-5.
- SFC is a key tri-services formation that manages and administers all the strategic assets and falls under the purview of the Nuclear Command Authority of India.
Q2. Consider the following pairs: (Level-Difficult)
Nuclear power plant Location
- Kakrapar Atomic Power Station Maharashtra
- Kalpakkam Atomic Power Station Tamil Nadu
- Narora Atomic Power Station Uttar Pradesh
- Tarapur Atomic Power Station Gujarat
How many pairs given above are correctly matched?
- Only one pair
- Only two pairs
- Only three pairs
- All four pairs
CHECK ANSWERS:-
Answer: b
Explanation:
- Pair 01 is incorrectly matched, Kakrapar Atomic Power Station is a nuclear power station in Gujarat which lies in the proximity of the Mandvi and Tapi rivers.
- Pair 02 is correctly matched, Kalpakkam/Madras Atomic Power Station is situated in the northern part of Tamil Nadu on the east coast about 70 km south of Chennai.
- Pair 03 is correctly matched, Narora Atomic Power Station (NAPS) is a nuclear power plant located in Narora in Uttar Pradesh.
- Pair 04 is incorrectly matched, Tarapur Atomic Power Station is located in Tarapur, Maharashtra. It was the first commercial nuclear power station built in India.
Read more on the List of Nuclear Power Plants in India.
Q3. Which of the following statements with respect to Zero Hour is/are correct? (Level-Medium)
- The zero hour is not mentioned in the Rules of Procedure.
- The zero hour starts immediately after the question hour and lasts until the agenda for the day.
- It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1950.
Options:
- 1 and 2 only
- 2 and 3 only
- 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: a
Explanation:
- Statement 01 is correct, Zero Hour is the time when Members of Parliament (MPs) can raise Issues of Urgent Public Importance. It is not mentioned in the Rules of Procedure.
- Statement 02 is correct, The zero hour starts immediately after the question hour and lasts until the agenda for the day is taken up.
- Statement 03 is incorrect, Zero Hour is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962.
Q4. Consider the following statements: (Level-Difficult)
- An aneurysm is an abnormal bulge or ballooning in the wall of a blood vessel.
- Aneurysms are more commonly seen in arteries than in veins.
Which of the statements given above is/are incorrect?
- 1 only
- 2 only
- Both
- None
CHECK ANSWERS:-
Answer: d
Explanation: An aneurysm is a bulging, weakened area in the wall of a blood vessel resulting in an abnormal widening or ballooning greater than 50% of the vessel’s normal diameter (width). An aneurysm may occur in any blood vessel, but is most often seen in an artery rather than a vein.
Q5. Consider the following statements: (CSE-PYQ-2022) (Level-Difficult)
- Gujarat has the largest solar park in India.
- Kerala has a fully solar-powered international airport.
- Goa has the largest floating solar photovoltaic project in India.
Which of the statements given above is/are correct?
- 1 and 2
- 2 only
- 1 and 3
- 3 only
CHECK ANSWERS:-
Answer: b
Explanation:
- Statement 01 is incorrect, Bhadla Solar Park in Rajasthan, with a capacity of 2245 MW, is the world’s largest solar park.
- Statement 02 is correct, Cochin International Airport, Kerala is the first airport in the world that operates completely on solar power. It is India’s first airport built under a public-private partnership (PPP) model. This plant is also the first Megawatt scale installation of a Solar PV system in the State of Kerala.
- Statement 03 is incorrect, Andhra Pradesh has India’s largest floating solar power plant. State-run National Thermal Power Corporation Limited (NTPC) started operations at India’s largest floating solar PV project at its Simhadri thermal station in Visakhapatnam.
I. UPSC Mains Practice Questions
- Do you think that the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balances’? Explain. (10 Marks; 150 Words) (GS-2; Polity)
- Is the RTI ensuring transparency between the citizen and the government as it was intended to do? Critically evaluate. (15 Marks; 250 Words) (GS-2; Governance)
Read the previous CNA here.
CNA 16 Dec 2022:- Download PDF Here
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