10 Jan 2022: UPSC Exam Comprehensive News Analysis

CNA 10 Jan 2022:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
SOCIAL JUSTICE
1. FIR cannot be quashed on the basis of settlement between parties: HC
B. GS 2 Related
INTERNATIONAL RELATIONS
1. Sri Lanka asks China to restructure debt
POLITY AND GOVERNANCE
1. Center yet to notify rules of Citizenship Amendment Act
C. GS 3 Related
D. GS 4 Related
E. Editorials
POLITY AND GOVERNANCE
1. Control rather than privacy
2. A Bill that could alter the mediation landscape
3. Who should be the Chancellor?
4. Some Raj Bhavans are on the war path
F. Prelims Facts
1. Govt. issues revised plans of universal accessibility
2. Veer Baal Diwas to be observed on Dec. 26: PM
3. Jallikattu banned in Vellore, nearby districts in T.N. ahead of Pongal
4. ‘Light Combat Aircraft MK-1A to take flight in June’
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category: POLITY AND GOVERNANCE

1. Center yet to notify rules of Citizenship Amendment Act

Syllabus: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Mains: Delay in implementation of Citizenship Amendment Act 2019.

Prelims: Provisions of Citizenship Amendment Act 2019.

Context: –

The Ministry of Home Affairs  missed the third deadline to notify the Citizenship (Amendment) Act, 2019.

Background: –

  • Parliament passed the CAA in 2019, and it was expected to come into force in 2020.
  • The government seeks extensions and as a result the act is yet to put into effect, and the guidelines are yet to be published.
  • According to the Manual on Parliamentary Work, if ministries/departments are unable to frame regulations within the six-month period after legislation is passed, “they shall seek an extension of time from the committee giving reasons,” which can only be for three months at a time.

Know More About  Citizenship Amendment Act 2019 (CAA)

2. A Bill that could alter the mediation landscape

Syllabus: Judiciary, Dispute Redressal Mechanisms.

Mains: Alternative Dispute Resolution Mechanisms.

Context:

The Chief Justice of India recently while speaking at the India-Singapore Mediation Summit said that mediation should be made mandatory as a first step in dispute resolution and that a law should be framed in this regard. 

Know more about – The Draft Mediation Bill 2021

The background

  • It is clear that many civil or commercial disagreements are framed as criminal offenses and reported to the police so that they get resolved under the fear of arrest. 
  • Number of criminal offences are a result of civil or commercial disputes that could not be resolved amicably and in time through alternative dispute resolutions.
  • The police at times take minor cases lightly or reduce the gravity of the crime by converting it into a non-cognisable one. 
  • Some of these cases may become aggravated with time and assume serious consequences. 

Hence, the proposed law of mediation, that has the method of preventing the breakdown of law-order through community intervention and also the ability to smoothen the path of compounding certain criminal offences. This may ultimately result in lessening some burden on the police.

3. Who should be the Chancellor?

Syllabus: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Mains: Powers of the Governor as the Chancellor of Universities and issues surround it.

Context

The Tamil Nadu Chief Minister made an announcement recently, that his government was exploring options to empower itself to make the appointment of vice chancellors of universities, taking the powers away from the Governor.

Background

  • After the Maharashtra and the West Bengal governments sought to vest the government with more powers in the appointment of Vice-Chancellors to the State universities, the Tamil Nadu government is exploring options to empower itself to make the appointment instead of the Governor.
  • Earlier, the Governor of Kerala said that a special session of the Assembly was held to divest him of the charge of Chancellor of universities in the State.

Details

  • The Governor of a State is Chancellor of Universities including General Universities, Agricultural Universities, Technical Universities, Medical Universities etc. 
  • The Governor is regarded as the Head of the University and has the following powers,
    • The Chancellor, when present, shall preside over the Convocation of the university and may issue directions to the Vice-Chancellor on various matters relating to the functioning of the university.
    • Appoints the Vice-Chancellors by setting up a committee and recommends names of the panel of the committee.
    • The Chancellor is also vested with the authority to grant leave or institute disciplinary action and award penalties.
    • Has powers to nominate certain members to the Executive Council of the University.
    • The Chancellor as appellate authority has power to annul decisions of the various university bodies/ authorities which in his view, is against the Act, statutes, ordinances and regulations.
    • Has the Powers to assent or withhold consent to the laws and regulations passed by the Executive Council of the university.
    • Has the power to take final decisions on electoral disputes with regard to the representation in different bodies of the universities.
    • Power to nominate experts in the appointment of teachers.

Read more about Governor and his Powers

Central Universities

According to the Central Universities Act, 2009, and other statutes, 

  • The President of India shall act as a Visitor of a central university.  
  • His role is limited to presiding over convocations.
  • Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor. 
  • The VCs are also appointed by the Visitor from panels of names suggested by selection committees formed by the Union government. 
  • The Act adds that the President, as Visitor, shall have the right to authorise inspections of academic and non-academic aspects of the universities and also to institute inquiries.

Conclusion

The practice of the Governor heading the Universities of the States in India is a British legacy. Recently the role of Governor as the Chancellor has become controversial with many states coming up with statutes to take away the power from the Governor. This trend has become a cause of concern.

4. Some Raj Bhavans are on the war path

Syllabus: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Mains: Examining the reasons for controversies between the Governor of the state and its respective governments.

Context:

Recent reports about the conflict between the Governors and the State governments, in Maharashtra and Kerala, have once again brought the spotlight on the fragile relationship between the constitutional head of the State and the elected government.

Background:

  • The position and powers of the Governor has been controversial in India since the beginning.
  • In the colonial era, the Governor was the absolute ruler of the province who was accountable only to the King.
  • The image of the state governors are regarded as “an agent of the centre” by the State Governments and critics.
  • In Maharashtra recently, the Governor refused to accept the date of election of the Speaker recommended by the State government. Consequently, the Assembly could not elect the Speaker.
  • In Kerala, The State Governor reappointed the Vice Chancellor of Kannur University in accordance with the law and made an allegation against the Kerala government that he was under pressure from the Government to reappoint the Vice Chancellor. 
  • The Tamil Nadu Chief Minister made an announcement recently, that his government was exploring options to empower itself to make the appointment of vice chancellors of universities, taking the powers away from the Governor.
  • This kind of conflict between the Governor and the Governments of the state was also seen frequently in states like Rajasthan and West Bengal.

Reasons for conflict

The conflict between the Governor and the State Governments have been around the issues like,

  • Selection the chief minister
  • Determining the timing for proving legislative majority
  • Demanding information about day-to-day administration
  • Giving his assent to bills or reserving bills for the President
  • Commenting against policies of the state government 
  • Exercising powers of the governor as the chancellor of state universities
  • Exercising his discretionary powers conferred to him by the Constitution

Discretionary powers of the Governor

The decisions can be taken by the governor’s discretion which is categorized into two parts:

  • Constitutional Discretion of Governor
    • When they have to reserve the bill for the consideration of the President of India, Governors can decide on their own without the advice of the Council of Ministers
    • When he has to recommend for the President’s rule in the state, he can act at his own discretion
    • When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion
    • When he has to determine the amount payable by the Government of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration
    • When he calls upon the Chief Minister to seek information regarding administrative and legislative affairs
  • Situational Discretion of the Governor
    • When he has to appoint a Chief Minister after no party has a clear majority in the election or when the incumbent dies in the office
    • When he dismisses the council of ministers on an inability to prove confidence in the state legislative assembly
    • When he dissolves the state legislative assembly on time when it loses its majority

Important Recommendations

  • Sarkaria Commission
    • The Governor should be an eminent person in some walk of life and from outside the state. 
    • He should be a detached figure without intense political links, or should not have taken part in politics in the recent past. Besides, he should not be a member of the ruling party.
    • He should be appointed after effective consultations with the state Chief Minister and Vice President and Speaker of the Lok Sabha should be consulted by the PM before his selection.
    • As far as possible, the governor should enjoy the term of five years.
    • He should be removed before his tenure only on the grounds as mentioned in the constitution or if aspersions are cast on his morality, dignity, constitutional propriety, etc.
    • In the process of removal, the state government may be informed and consulted.
  • Punchhi Commission
    • It called for giving a fixed term of five years to the governors and their removal by the process to be similar to that of the President, by the State Legislature.
    • The governor should have the right to sanction the prosecution of a minister against the advice of the council of ministers.

Conclusion

  • The Constitution neither allows the Governor to run a parallel government nor does it make him personally responsible for his actions as Governor. 
  • Pandit Thakur Das Bhargava, a member of the Assembly said that, “Governor will be a man above party and he will look at the minister and government from a detached stand point”. 
  • The Governor is a high constitutional authority and needs to function within prescriptions of the Constitution and be a friend, philosopher and guide to his government. 

F. Prelims Facts

1. Govt. issues revised plans of universal accessibility

Context:

The Central Public Works Department (CPWD) released the Harmonised Guidelines and Standards for Universal Accessibility in India 2021.

About Harmonised Guidelines and Standards for Universal Accessibility in India 2021: –

  • The guidelines are a revision of the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons 2016.
  • Drafted by the CPWD, under the Ministry of Housing and Urban Affairs (MoHUA) the revised guidelines aim to give a holistic approach and focus on universal accessibility.

2. Veer Baal Diwas to be observed on Dec. 26: PM

Context: 

The Prime Minister declared that December 26 shall henceforth be marked as Veer Baal Diwas.

Veer Baal Diwas: –

  • December 26 is to be celebrated as Veer Baal Diwas to pay homage to the courage of the Sahibzades, four sons of Guru Gobind Singh, the last Sikh guru. 
  • The date has been chosen as it was the day observed as the martyrdom day of the Sahibzadas Zorawar Singh and Fateh Singh, who were killed at the tender age of six and nine in Sirhind by Mughal forces.

3. Jallikattu banned in Vellore, nearby districts in T.N. ahead of Pongal

Context: –

With a steep rise in the daily cases of COVID-19, Tamil Nadu have banned the conduct of Jikattu events.

Jallikattu: –

  • Jallikattu is a bull-taming sport that has traditionally been part of the festival of Pongal. However, the practice has long been contested, with animal rights groups and the courts concerned over issues of cruelty to animals and the bloody and dangerous nature of the sport.

Know More About  Jallikattu

4. ‘Light Combat Aircraft MK-1A to take flight in June’

Context: –

Hindustan Aeronautics Limited (HAL) expects to deliver all Light Combat Aircraft (LCA) Tejas to the Indian Air Force (IAF) in 2022.

Light Combat Aircraft (LCA) Tejas

  • Tejas is a single engined, light weight, highly agile, multi-role supersonic fighter.  
  • LCA Tejas came from the Light Combat Aircraft (LCA) programme, which began in the 1980s.

Know More About LCA Tejas

G. Tidbits

Nothing here for today!!!

H. UPSC Prelims Practice Questions

Q1. Consider the following statements with regards to the Asian Infrastructure Investment 
Bank (AIIB):
  1. India is the 3rd largest shareholder in the Bank after China and Japan.
  2. AIIB has approved financing projects in India including the Bangalore metro rail project, Gujarat rural roads project and Phase 3 of the Mumbai urban transport project.
  3. It is headquartered in Beijing and began its operations in January 2016.

Choose the correct code:

  1. 1 & 2 only
  2. 2 & 3 only
  3. 1 & 3 only
  4. All of the above
CHECK ANSWERS:-

Answer: b

Explanation

  • AIIB is a development bank with a mission to improve the economic and social outcomes in Asia. It focuses on investment in sustainable infrastructure and developmental projects. Hence Statement 1 is not correct.
  • The largest contributor to AIIB is China and the second-highest shareholder is India.
  • AIIB has approved financing projects in India in a host of sectors like energy, transport and water including the Bangalore metro rail project, Gujarat rural roads project and Phase 3 of the Mumbai urban transport project. Hence Statement 2 is correct.
  • The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank with headquarters in Beijing, China. Hence Statement 3 is correct.
Q2. Which of the following statements is not true about India’s first indigenous Aircraft 
Carrier, INS Vikrant?
  1. The vessel, to be named Vikrant after the decommissioned maiden carrier of the Navy.
  2. The motto of the ship is “Jayema Sam Yudhi Sprdhah which is taken from Atharva Veda and is translated as “I defeat those who fight against me”.
  3. It is expected to carry an air group of up to thirty aircraft.
  4. On its commission, the new INS Vikrant would be the fourth aircraft carrier to defend India’s shores.
CHECK ANSWERS:-

Answer: b

Explanation

  • INS Vikrant, also known as Indigenous Aircraft Carrier 1 is an aircraft carrier constructed by the Cochin Shipyard Limited (CSL) for the Indian navy. It is the first aircraft carrier to be built in India. INS Vikrant (R11) was the first aircraft carrier to ever grace the arsenal of the Indian Navy. Initially starting life as the HMS Hercules of the British Royal Navy, the ship was re-christened as ‘Vikrant’ after purchase by the Indian Navy. 
  • The motto of the ship is “Jayema Sam Yudhi Sprdhah”, which is taken from Rigveda(NOT Atharva Veda) and can be translated as “I defeat those who fight against me”.
  • Hence Option B is correct.
Q3. Consider the following statements with regards to Adi Shankaracharya:
  1. He established four Mathas in the four corners of India at Shingeri, Puri, Dwaraka and Badrinath for propagation of Sanathana Dharma.
  2. He was a devotee of Shiva.
  3. He propounded the Doctrine of Advaita (Monism) and wrote many commentaries on the Vedic canon (Upanishads, Brahma Sutras and Bhagavad Gita) in Sanskrit.

Choose the correct code:

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
CHECK ANSWERS:-

Answer: d

Explanation

  • Adi Shankaracharya is widely recognised as a religious reformer in the early 8th century and is considered one of the most prominent thinkers and religious leaders in Indian history.
  • Adi Shankaracharya was born in Kaladi, Kerala, near Kochi.
  • He was a devotee of Shiva and Maya Theory, Advaita Vedanta (Non-Dualism), and Tarak Brahma are all related to him. Hence Statement 2 is correct.
  • Its major beliefs are thoroughly expressed in the Upanishads and systematized by the Brahma-sutras, according to its adherents (also known as the Vedanta-sutras). Its origins can be traced back to the 7th-century CE thinker Gaudapada, who wrote the Mandukya-karika, a verse-based commentary on the Mandukya Upanishad.  Hence Statement 3 is correct.
  • At the age of 33, he died (took samadhi) at Kedar tirth.  Hence Statement 1 is correct.
Q4. Which of these statements is/are correct with regards to Tuberculosis?
  1. TB is caused by a bacterium called Mycobacterium tuberculosis, belonging to the Mycobacteriaceae family consisting of about 200 members.
  2. Bacille Calmette-Guérin (BCG) is presently the sole vaccine available for the prevention of Tuberculosis (TB).
  3. BCG works well in some geographic locations and not so well in others. Generally, the farther a country is from the equator, the higher the efficiency.

Which of these statements is/are correct?

  1. 1 & 2 only
  2. 2 & 3 only
  3. 1 & 3 only
  4. All of the above
CHECK ANSWERS:-

Answer: d

Explanation

  • The bacterium that causes tuberculosis is Mycobacterium tuberculosis, which belongs to the Mycobacteriaceae family, which has roughly 200 members.
  • By manipulating a strain of Mycobacterium bovis, two Frenchmen, Albert Calmette and Camille Guerin, produced BCG.
  • In 1921, it was used for the first time in humans.
  • BCG was first used on a small basis in India in 1948, and it became part of the National Tuberculosis Control Program in 1962.
  • One fascinating feature about BCG is that it works well in certain places but not so well in others. The efficiency of a country increases as it moves further from the equator.
  • Hence All the Statements are correct.
Q5. The economic cost of food grains to the Food Corporation of India is Minimum Support 
Price and bonus (if any) paid to the farmers plus 
  1. transportation cost only 
  2. interest cost only 
  3. procurement incidentals and distribution cost 
  4. procurement incidentals and charges for godowns
CHECK ANSWERS:-

Answer: c

Explanation:

  • The total of the Minimum Support Price and bonus (if any) paid to farmers, including procurement incidentals and distribution costs, is the economic cost of food grains procured by the Food Corporation of India (FCI). 
  • The procurement cost, procurement price, and distribution cost are the three primary components of FCI’s economic cost. 
  • Freight, handling charges, storage charges, transit losses, and establishment fees are all included in the distribution costs.
  • The initial costs incurred during the procurement of foodgrains are known as procurement incidentals. 
  • Hence Option C is correct.

I. UPSC Mains Practice Questions

  1. The Governor as a constitutional authority should be a friend, philosopher, guide to his government and not run a parallel government. In the light of the statement, examine the discretionary powers of the Governor. (10 Marks, 150 Words)[GS-2, Polity]
  2. The Mediation Bill has the potential to relieve some of the pressure on law enforcement agencies. Substantiate. (10 Marks, 150 Words)[GS-2, Polity] 

Read the previous CNA here.

CNA 10 Jan 2022:- Download PDF Here

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