10 Jan 2024 CNA
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TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related C. GS 3 Related D. GS 4 Related E. Editorials POLITY 1. Remission INTERNATIONAL RELATIONS 1. Why international law matters? F. Prelims Facts 1. National Clean Air Programme 2. Yakshagana 3. Article 30 4. Section 69A of IT Act 5. ICJ & UN Genocide Convention 6. Bhutan’s elections G. Tidbits H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Nothing here for today!!!
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Remission
Syllabus: GS-2, Functioning of the Executive and the Judiciary
Mains: Bilkis Bano case and need for unbiased Remission policy
Introduction:
- The Bilkis Bano case witnessed the grant of remission to 11 gang-rape and murder convicts, leading to controversy and legal scrutiny.
- A recent Supreme Court judgment highlighted irregularities, including fraudulent behaviour by a petitioner and collusion with the Gujarat government, leading to the cancellation of remission orders for the convicts.
The Concept of Remission:
- Prison rules vary among states, determining reformative activities for prisoners to earn remission.
- Remission deducts earned days from the sentence, rooted in the idea that prisons should rehabilitate, not just punish.
- Life convicts must serve a minimum of 14 years before applying for remission, subject to committee evaluation based on specific factors outlined by the Supreme Court in the Laxman Naskar vs State of West Bengal case.
Also read:Â Pardoning powers of the President
A Resilience That Prevailed:
- Legal Triumph: The recent Supreme Court decision is applauded for upholding the rule of law, acknowledging Bilkis Bano’s struggle for justice.
- Impact: The decision stands as a deterrent against illegalities and collusion between authorities and convicts.
Unchecked Discretion:
- Transparency Concerns: Lack of transparency in committee formations and decision-making process.
- Arbitrary Power: Remission decisions prone to arbitrary exercise of power.
- Judicial Review Limitation: Limited grounds for challenging remission orders, due to lack of reasons guiding decisions.
Way Forward:
- Acknowledgement of the need to address normative questions surrounding remission policies.
- Exploration of whether certain offenders should be ineligible for remission based on crime categories or if conditions for remission should be strengthened.
- A call for meaningful and fair compliance with remission conditions instead of blanket denials, aiming to avoid a retributive punishment framework.
Nut Graf: The Bilkis Bano case, marked by controversial remission orders for 11 convicts, revealed unchecked discretion and transparency issues. The Supreme Court’s intervention highlighted these concerns, sparking discussions on the concept of remission and the need for policy reforms.
Category: INTERNATIONAL RELATIONS
1. Why international law matters?
Syllabus: GS-2, Important International Institutions, agencies and fora – their Structure and mandate.
Mains: Why does International law matter irrespective of the fact that many times they are getting violated
Introduction:
- Israel’s war in Gaza and Russia’s invasion of Ukraine have sparked debates about the effectiveness of international law.
- The rule prohibiting the use of force in international relations (Article 2(4) of the UN Charter) has been challenged.
- Past declarations of the death of international law, including Thomas Franck’s 50-year-old argument, have resurfaced.
Moving beyond compliance:
- Critics emphasize poor compliance as evidence of international law’s inconsequence.
- Compliance alone is an insufficient metric; international law’s normative interaction with different actors is crucial.
- National courts often use international law to interpret domestic law, expanding its content without domestic legislation.
Accountability:
- International law’s significance extends beyond material outcomes, according to Monica Hakimi.
- The ability to distinguish between public power and legitimate authority is a fundamental attribute of any legal system.
- The International Court of Justice (ICJ) case where South Africa alleges Israel’s violation of the Genocide Convention exemplifies accountability.
Way forward:
- Harold Hongju Koh argues that a complex transnational legal process leads states to comply with international law.
- International law should be seen as a tool to hold those in power accountable for their conduct.
- While not perfect, the system encourages countries and actors to explain their actions, fostering transparency.
- The world would be worse off without international law structures; there is a universal aspiration towards compliance.
- The call is for moulding and accentuating international law to be an instrument that holds the powerful accountable and constrains expansionist tendencies.
Nut Graf: Amidst crises like Israel’s Gaza war and Russia’s Ukraine invasion, doubts arise about international law’s efficacy. Beyond compliance, it fosters normative interaction, holds power accountable, and, despite imperfections, remains crucial for global accountability and constraints on power.
F. Prelims Facts
1. National Clean Air Programme
Context:
In the ongoing struggle to improve air quality in India’s cities, the government’s ambitious initiatives reveal a stark reality. While the aim is to address pollution in some of the most affected urban centres, a recent analysis raises concerns about the substantial progress required across the nation.
National Clean Air Programme (NCAP) and its effectiveness:Â
- The ₹9,631-crore NCAP sets out to significantly reduce particulate matter concentrations in 131 cities by 40% before 2026, as compared to 2017 levels. Originally targeting a 20-40% reduction by 2024, the goalpost was shifted to 2026.
- Examining 49 cities over five years, the analysis by Respirer Living Sciences and Climate Trends indicates that only 27 cities witnessed a decline in PM 2.5, the most hazardous pollutant. Alarmingly, only four cities met or exceeded the targeted decline, bringing attention to the extensive challenges ahead.
- Â Despite efforts, Delhi saw a mere 5.9% reduction in annual PM 2.5 levels, questioning the efficacy of implemented measures.
- Navi Mumbai’s Rise: In contrast, Navi Mumbai witnessed a concerning 46% rise in PM 2.5 levels, signalling the complexity of battling pollution.
- Varanasi itself stands out as a positive example, demonstrating a remarkable 72% reduction in PM 2.5 levels and a 69% reduction in PM 10 levels from 2019 to 2023. This contrast highlights the potential impact of dedicated efforts in specific regions.
Read more:Â National Clean Air Programme
Significance: The findings underscore the urgency of nationwide collaboration and innovative solutions to safeguard the health and well-being of urban populations. As the deadline approaches, a collective effort is imperative to ensure that the goal of cleaner air for all becomes a reality.
The complex interplay of factors requires a holistic and sustained approach, emphasizing the need for continual evaluation and adaptation of strategies.
2. Yakshagana
Context: The Karnataka High Court, considering the traditional nature of Yakshagana, granted permission for the mela to return to its original dusk-to-dawn schedule.
From January 14 onwards, the Yakshagana mela is set to revert to all-night shows, marking a return to its traditional schedule.
Earlier, A circular had restricted the use of loudspeakers, integral to Yakshagana performances, between 10 p.m. and 6 a.m., leading to changes in traditional schedules.
About Yakshagana:
- Yakshagana is a traditional performing art form with a rich history, dating back over a century.
- The Kateel Durgaparameshwari Prasadita Yakshagana Mandali in Dakshina Kannada is a prominent contributor to this cultural heritage.
- Originating in the mid-19th century, the Yakshagana mela has evolved with time, now featuring six performing troupes.
- Its enduring legacy reflects the deep cultural roots and artistic expressions within the Dakshina Kannada region.
Significance:
- The High Court’s decision was contingent upon the mela adhering to the Noise Pollution (Regulation and Control) Rules, 2000.
- The petitioner’s counsel provided an undertaking to ensure compliance with prescribed decibel levels during performances.
- This shift signifies the resilience and adaptability of cultural practices, navigating challenges while preserving their essence.
3. Article 30
Context: Chief Justice of India D.Y. Chandrachud leads a seven-judge Bench, offering crucial observations on the minority status of educational institutions. Article 30 of the Indian Constitution pertains to the Right of Minorities to Establish and Administer Educational Institutions. It ensures that all religious and linguistic minorities have the right to establish and administer educational institutions of their choice.
Issue:Â
- The Bench declares that a mere regulation of an institution by a statute does not strip it of its minority status.
- Emphasis on the point that adherence to regulations does not undermine the institution’s right to maintain its minority identity.
- Article 30, addressing the right of minorities to establish and administer educational institutions, was clarified by the court.
- Administration need not be exclusively by members of a minority community; it can be secular, welcoming students from any community.
- The case revolves around the minority status of the Aligarh Muslim University.
- Senior advocate Rajeev Dhavan underscores the essential role of private and minority institutions in the Indian education landscape. Dhavan points out that standards of examination and curricula are regulated by the State for all universities, including private and minority institutions.
Questions Before the Constitution Bench:
- The court considers a reference on defining criteria for an institution to be recognized as a minority educational institution.
- Can an institution be deemed minority if it’s “established by a person(s) belonging to a religious or linguistic minority or its being administered by a person(s) belonging to a religious or linguistic minority”?
Significance:Â
- The Supreme Court’s recent observations carry significant implications for the protection and recognition of minority educational institutions.
- The ongoing case prompts a reevaluation of the criteria for conferring minority status, influencing the landscape of educational institutions in India.
Context: Â The revelation of a significant increase in website blocking orders, documented in response to a Right to Information (RTI) application, raises concerns about the implications of this surge.
An activist’s inquiry sheds light on the rise from 62 orders in 2013 to a staggering 6,954 in 2023, under Section 69A of the Information Technology Act, 2000.
Issue:
- The surge aligns with the broader increase in Internet use, especially following the substantial reduction in mobile data prices in 2016.
- There is a correlation revealed between the growth in online activity and the surge in government-issued blocking orders.
- December’s directive from the Department of Telecommunications (DoT) instructing Internet service providers (ISPs) to compile Internet Protocol (IP) addresses of servers in India is examined.
- The directive aims to streamline the process of blocking content promptly and efficiently.
- Transparency issues emerge as the IT Ministry refuses to provide a detailed breakdown of statistics, citing confidentiality clauses.
- The lack of transparency raises questions about the accountability and openness of the government’s actions in this domain.
- An exploration of Section 69A and its empowerment of the Union government to block online content in the interest of various national concerns, including sovereignty, defense, and public order.
- The discussion includes the scope of the section in preventing incitement to the commission of cognizable offenses.
- the evolving landscape of encryption technologies used by web browsers and firms, making website blocking a more intricate challenge.
- Advances in encryption reduce the level of visibility that Internet providers have on users’ activities, adding complexity to regulatory efforts.
Significance:Â
- Suggestions are made for the DoT to collaborate with Content Delivery Networks (CDNs) for a more effective approach to website blocking.
- CDNs, such as Amazon Web Services, Google Cloud, and Cloudflare, play a pivotal role in the distribution of Internet content.
- Industry experts offer insights into the challenges and complexities associated with IP address declarations.
- There is a need for a balanced approach between regulatory requirements and technological realities in the dynamic landscape of Internet use.
5. ICJ & UN Genocide Convention
Context: Israel and South Africa engage in a legal battle at the International Court of Justice (ICJ) over allegations of “genocidal acts” in Gaza.
South Africa submits an 84-page document urging the ICJ to order an immediate suspension of Israel’s military operations in Gaza.
Issue:Â
- South Africa accuses Israel of past, present, and potential future genocidal acts against the Palestinian people in Gaza.
- Both countries, signatories to the UN Genocide Convention, provide the legal basis for South Africa’s case at the ICJ.
- The convention allows member nations to bring disputes related to the interpretation or application of genocide prevention rules before the ICJ.
- Israel vehemently rejects the accusations, describing them as “absurd blood libel.”
- The ICJ, in theory, has the authority to order Israel to cease its military operations, but practical compliance is doubtful.
- The case raises questions about the ICJ’s ability to enforce decisions in a complex geopolitical context.
- The accusations and legal proceedings heighten tensions, prompting international leaders to address the situation.
- Calls for diplomatic solutions and international intervention to de-escalate the conflict.
Context: Former Prime Minister Tshering Tobgay’s People’s Democratic Party (PDP) secures victory in Bhutan’s elections, according to media reports.
Economic challenges take centre stage in the polls, overshadowing the country’s commitment to “Gross National Happiness” as a priority over growth.
Issue:Â
- The election unfolded against the backdrop of economic threats that resonate with the kingdom’s younger generation.Â
- Chronic youth unemployment, coupled with a notable brain drain, became central concerns for voters.
- Â Both political parties participating in the election are aligned with the constitutionally enshrined philosophy of governance, measuring success by the “happiness and well-being of the people.”
- The economic struggles faced by Bhutan are significant factors influencing the electorate. The nation grapples with a youth unemployment rate of 29 percent, as reported by the World Bank, while economic growth has been modest, averaging 1.7 percent over the past five years.
Significance:Â
- Despite challenging conditions, voters demonstrated remarkable dedication, with some undertaking arduous journeys, trekking for days to cast their ballots in the mountainous nation. Bhutan, with a population of about 800,000, has an area comparable to Switzerland.
- As Bhutan awaits the formation of its new government, the incoming leadership faces the formidable task of navigating economic challenges and shaping policies that align with the aspirations of the Bhutanese people.Â
- The focus on economic issues underscores the evolving priorities in Bhutan’s political landscape, signalling a potential shift towards addressing pressing concerns for the nation’s citizens.
G. Tidbits
Nothing here for today!!!
H. UPSC Prelims Practice Questions
Q1. ‘Operation Prosperity Guardian’, recently in the news, is related to which of the following areas?
- Malacca Strait
- Red Sea
- Mediterranean Sea
- Black Sea
CHECK ANSWERS:-
Answer: b
Explanation: ‘Operation Prosperity Guardian’ is related to the Red Sea. The operation aims to enhance maritime security and stability in the Red Sea region. It involves cooperative efforts among nations to address common challenges and threats in the maritime domain. The Red Sea holds strategic significance due to its vital shipping routes and geopolitical importance. The operation reflects a collaborative approach to ensure prosperity and safeguard maritime interests in the Red Sea.
Q2. Consider the following statements with regards to Square Kilometre Array Observatory (SKAO):
- SKAO is a new intergovernmental organization dedicated to radio astronomy and is headquartered in France.
- Once operational, SKA would be between 5 to 60 times more powerful than the most advanced existing radio telescopes functioning in comparable frequency ranges.
- The Square Kilometer Array will not be a single large telescope, but a collection of thousands of dish antennas operating as a single unit.
How many of these statements is/are correct?
- Any one
- Any two
- All three
- None of the above
CHECK ANSWERS:-
Answer: b
Explanation:
- The first statement is incorrect. SKAO (Square Kilometre Array Observatory) is not headquartered in France; it is headquartered near Manchester, United Kingdom.
- The second statement is correct. Once operational, SKA (Square Kilometre Array) is expected to be between 5 to 60 times more powerful than the most advanced existing radio telescopes functioning in comparable frequency ranges.
- The third statement is correct. The Square Kilometre Array will not be a single large telescope; instead, it will be a collection of thousands of dish antennas operating as a single unit.
Q3. Consider the following statements:
- 2023 was the warmest year since records began in 1850, beating the previous record of 2018.
- 2023 marked the first time on record that every day within a year exceeded 1 degree Celsius above the 1850-1900 pre-industrial level.
- In 2023, greenhouse gas concentrations reached the highest levels ever recorded in the atmosphere.
How many of these statements is/are correct?
- Any one
- Any two
- All three
- None of the above
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 1 is correct: The Copernicus Climate Change Service (C3S), a part of the European Centre for Medium-Range Weather Forecasts (ECMWF), reported that 2023 was the warmest year on record, exceeding the previous record set in 2018.Â
- Statement 2 is correct: 2023 marked the first time on record that every day within a year exceeded 1 degree Celsius above the 1850-1900 pre-industrial level.
- The statement highlights the sustained and pervasive nature of elevated temperatures throughout the year. This information is derived from global temperature datasets, and it signifies a notable departure from historical temperature norms.Â
- Statement 3 is correct: The Copernicus Atmosphere Monitoring Service (CAMS), reported that greenhouse gas concentrations in 2023 reached unprecedented levels. Specifically, carbon dioxide (CO2) concentrations increased by 2.4 parts per million (ppm), and methane (CH4) concentrations increased by 11 parts per billion (ppb).
Q4. The ‘International Purple Fest’, recently in the news, is related to which of the following?
- Empowerment of women
- Strengthening of democracy
- Empowerment of people with disabilities
- Rights of the transgenders
CHECK ANSWERS:-
Answer: c
Explanation: The ‘International Purple Fest’ is related to the empowerment of people with disabilities. It is a festival aimed at celebrating and empowering individuals with disabilities, promoting inclusivity and showcasing their talents. The event includes various activities and initiatives focused on creating awareness, providing support, and fostering an inclusive environment for people with disabilities. The colour purple is often associated with disability awareness, and the festival serves as a platform to highlight and address the challenges faced by this community. Overall, it is a significant event dedicated to advocating for the rights and well-being of people with disabilities
Q5. Which one of the following statements is correct?
- In India, the same person cannot be appointed as Governor for two or more States at the same time.
- The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President.
- No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.
- In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Answer: c
Explanation: The Indian Constitution does not lay down a specific procedure for the removal of a Governor from his/her post. The President of India has the power to remove a Governor at any time without giving him or her any reason.
I. UPSC Mains Practice Questions
- Explain the concept of remission in criminal justice. What issues persist with its application? (250 words, 15 marks) (General Studies – II, Polity)​
- International law and its attendant structures are not ideal. But the world would be worse off if they weren’t there. Critically examine. (250 words, 15 marks) (General Studies – II, International Relations)​
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