13 Jan 2023: UPSC Exam Comprehensive News Analysis

CNA 13 Jan 2023:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
POLITY
1. A Governor and a Chief Minister at loggerheads
C. GS 3 Related
D. GS 4 Related
E. Editorials
INTERNATIONAL RELATIONS
1. International Order in 2023
POLITY
1. Executive Powers in Delhi
F. Prelims Facts
G. Tidbits
1. India has made marked progress in LAC infra development: Army chief
2. Under Constitution, law declared by the Supreme Court is binding on all
3. Missing doctors: CHCs face 80% shortfall of specialists, show Health Ministry data
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category: POLITY

1. Executive Powers in Delhi

Syllabus: Issues & Challenges Pertaining to the Federal Structure

Mains: Problem of jurisdictional conflicts between the elected government and the lieutenant governorΒ  in Delhi

Context: The elected government of the National Capital Territory is at loggerheads with the Lieutenant Governor.

Introduction:

  • Lieutenant-Governor Vinai Kumar Saxena nominated BJP councillor Satya Sharma as the presiding officer for the maiden meeting of the newly constituted House of the Municipal Corporation of Delhi (MCD).
  • The Lieutenant Governor, who is the “administrator,” has also nominated 10 persons (aldermen) in pursuance of the powers vested in him under the Municipal Corporation Act (DMC Act) of 1957.
  • Delhi Chief Minister, in a letter to the L-G, had alleged that the latter appointed the presiding officer and 10 nominated persons (aldermen) to the MCD without consulting the elected government and L-G was β€œbound by the aid and advice” of the Council of Ministers in connection with this subject.
  • L-G’s office contradicted the government’s claim and said that Mr. Saxena adhered to the Constitutional provisions, Acts and Statutes, while nominating the interim (Pro tem) presiding officer for the newly elected MCD.

Dual governance in Delhi:

  • The status of Delhi is a Union Territory under Schedule 1 of the Constitution.
  • However, it is christened as the β€˜National Capital Territory’ under Article 239 AA.
    • Article 239AA grants Delhi special character as a union territory with a legislative assembly that has a lieutenant governor (L-G) as its administrative head. This was also when Delhi was named the National Capital Region (NCT) of Delhi.
  • This has put the dynamics of the relationship between the elected Council of Ministers in Delhi and the Central Government under severe strain.Β 

Powers of the Lieutenant Governor of Delhi:

  • The Lieutenant Governor is accused of ignoring the Council of Ministers and issuing orders to the bureaucracy directly on all matters, regardless of the division of power established by the Supreme Court between the two entities.
  • The supreme court in the Government of NCT Delhi v. Union of India case, said that the lieutenant governor of Delhi had no independent decision-making powers and was bound to follow the “aid and advice” of the Delhi chief-minister-headed council of ministers of the Government of Delhi on all matters except those pertaining to police, public order and land.
    • L-G shall act as a facilitator rather than anointing himself as an adversary to the elected Council of Ministers.
  • If the LG and the Ministers disagree on any matter, the LG shall refer it to the President for decision and act accordingly.
    • The Supreme Court ruled that β€œany matter” cannot be construed to mean β€œevery matter”, and such a reference shall arise only in exceptional circumstances.
  • Under Article 239AB, the President may, on receipt of a report from the LG or otherwise, suspend the operation of any provision of Article 239AA by order when a situation arises in which the administration of the NCT cannot be carried out in accordance with the provisions of Article 239AA.

Way forward:

  • The Supreme Court recently called for statesmanship and wisdom by actors to resolve the stalemate, which is seriously impacting governance in the national capital.
  • The framework outlined in the Constitution and the Government of National Capital Territory of Delhi Act, 1991, envisions a collaborative organisation that can only be operated via constitutional trust.
  • Subsidiarity, the guiding principle of fiscal federalism, demands strong sub-national institutions. Therefore, the Union government should move towards allocating greater autonomy to city governments.

Nut Graf: In the absence of statehood for Delhi, there has been a prolonged confrontation over the relative powers of the territorial administration and the Union government. Elected government and L-G as a representative of the Union government shall respect the Β division of power established by the Supreme Court and act accordingly to resolve the stalemate.

F. Prelims Facts

Nothing here for today!!!

G. Tidbits

1. India has made marked progress in LAC infra development: Army chief

  • In the wake of reports of infrastructure build-up on the Chinese side, the Indian Army Chief General Manoj Pande had said that there has been a marked improvement in infrastructure on our side along with the plans for developing all-weather connectivity and alternative connectivity.
  • The Army Chief has regarded the situation along the Line of Actual Control (LAC) with China as β€œstable but unpredictable” as there has been a slight increase in the number of Chinese troops opposite the Army’s Eastern Command.
    • He further added that five out of the seven flashpoints have been resolved with the ongoing talks at various levels.
  • According to the Army Chief, the Border Roads Organisation (BRO) has constructed about 6,000 km of roads in the last five years and out of this, 2,100 km has been along the northern borders.Β 
  • Upcoming projects include:
    • Construction of a frontier road that would connect various valleys in Arunachal Pradesh.Β 
    • Developing all-weather connectivity in both Ladakh and Kameng in Arunachal Pradesh.
    • Further, the Sela tunnel is likely to get operational by the middle of the year which will ensure all-weather connectivity between Guwahati in Assam and Tawang in Arunachal Pradesh.
    • In Ladakh, opening up the Zojila and the Z-Morh tunnels, which will link the valley to Ladakh.
    • Construction of the Shinku la tunnel and the Nemu-Padam-Daricha road Along with the Atal tunnel will ensure all-weather connectivity from both sides to Ladakh.
  • Furthermore, the Army is undertaking an assessment of various Soviet and Russian-origin equipment in its inventory against the backdrop of the Russia-Ukraine war and is looking for alternative sources for spares and ammunition.

2. Under Constitution, law declared by the Supreme Court is binding on all

core characteristics

Image Source: The Hindu

  • Against the backdrop of public criticism of the National Judicial Appointments Commission (NJAC) judgment of the Supreme Court by the Vice-President of India, the apex court has held that comments made by the Vice-President are against β€œthe law of the land”.
  • The SC has held that its judicial pronouncements have laid down the law and as per Article 141 of the Constitution, a law declared by the SC is binding on all courts.
  • The Vice-President of India had said that he does not subscribe to the idea that the judiciary can strike down amendments passed by the legislature on the ground that they violate the β€œBasic Structure doctrine of the Constitution” which was evolved by the Supreme Court through its judgment in the Kesavananda Bharati case (1973).
    • He further added that Parliamentary sovereignty cannot be allowed to be diluted by the executive or the judiciary.
  • The Court in its response has said that the Kesavananda Bharati judgment had clarified that judicial review is not a means to dilute parliamentary sovereignty but was only a part of the system of checks and balances to ensure constitutional functionaries do not exceed their limits.Β 
  • The Court in its NJAC judgment had upheld judicial independence as a basic feature of the Constitution and had said that Article 368 of the Constitution only provides a procedure for amending the Constitution and that does not mean that the Article accords powers to the Parliament to amend the Constitution and alter the β€œbasic features/basic structure” of the Constitution.

3. Missing doctors: CHCs face 80% shortfall of specialists, show Health Ministry data

glaring gap

Image Source: The Hindu

  • The Rural Health Statistics report published by the Union Health and Family Welfare Ministry points out that India is facing an acute shortage of specialist doctors, with a shortfall of nearly 80% of the required specialists at Community Health Centres (CHCs).
  • The Community Health Centres (CHCs) are 30-bed block-level health facilities that are required to extend basic health care facilities such as surgery, gynaecology, paediatrics and general medicine.
  • According to the latest report, there were about 6,064 CHCs across the country, and the Ministry has failed to meet the demands for specialist doctors in most of these centres.
    • As per the report, the number of specialist doctors in the CHCs has experienced a growth of 25% from 3,550 in 2005 to 4,485 in 2022. However, with the increasing number of CHCs the demand for specialists has also increased.Β 
    • The report highlights the shortfall in specialist doctors, including surgeons (83.2%), obstetricians and gynaecologists (74.2%), physicians (79.1%) and paediatricians (81.6%) in CHCs across the country.
  • Additionally, apart from the specialist doctors, there is also a shortage of women health workers and auxiliary nursing midwives in primary health centres (PHCs) and sub-centres.

H. UPSC Prelims Practice Questions

Q1. Which of the following are not celebrated in January? (Level - Easy)
  1. Makar Sankranti
  2. Pongal
  3. Kati Bihu
  4. Lohri
CHECK ANSWERS:-

Answer: c

Explanation:

  • Makar Sankranti, Pongal and Lohri are the names of the Winter harvest festivals which are usually celebrated in the month of January.
  • Kati Bihu, which is commonly known as Kongali Bihu, is a festival associated with the state of Assam. It is usually celebrated in the month of October.
Q2. Consider the following statements: (Level - Moderate)
  1. The NSO releases the data on retail inflation in the country.
  2. The DPIIT (Department for Promotion of Industry and Internal Trade) releases the Index of Industrial Production.

Options:

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
CHECK ANSWERS:-

Answer: a

Explanation:

  • Statement 1 is correct, The National Statistical Office (NSO) releases the data on retail inflation in India.
  • Statement 2 is not correct, Index of Industrial Production (IIP) data is released by the National Statistical Office (NSO).
Q3. Which of the statements is/are correct? (Level - Easy)
  1. India does not have dedicated legislation for Mental Health.
  2. Mental health disorders find coverage under the Ayushman Bharat Scheme.

Options:

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
CHECK ANSWERS:-

Answer: b

Explanation:

  • Statement 1 is not correct, Dedicated legislations for Mental Health in India include Mental Healthcare Act (MHCA), 2017 and the Mental Health Act, 1987.
  • Statement 2 is correct, the Ayushman Bharat scheme for the first time in India extended cover for mental illness.
Q4. Which of the following statements is/are correct? (Level - Moderate)
  1. India has won 8 Olympic golds in the field of Hockey.
  2. India will be hosting the Men’s hockey world cup for the first time in 2023.
  3. The hockey goalkeeper is allowed to use his hands to stop the ball.

Options:

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

Answer: c

Explanation:

  • Statement 1 is correct, India’s Hockey team is the most successful team ever in the Olympics and has won 8 gold medals, 1 silver medal and 3 bronze medals.
  • Statement 2 is not correct, India will be hosting the Men’s hockey world cup for the fourth time in 2023.
    • India has previously hosted the Men’s hockey world cup in 1982 (Mumbai), 2010 (Delhi) and 2018 (Odisha).
  • Statement 3 is correct, In the game of Hockey, the goalkeeper is the only player allowed to touch the ball with any part of his body.
Q5. Consider the following statements in respect of Bharat Ratna and Padma Awards: ​
(Level - Difficult) [UPSC 2021]
  1. Bharat Ratna and Padma Awards are titles under Article 18(1) of the Constitution of India.​
  2. Padma Awards, which were instituted in the year 1954, were suspended only once.​
  3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.​

Which of the above statements are not correct?​

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

Answer: d

Explanation:

  • Statement 1 is not correct, National awards such as Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri do not amount to titles within the meaning of Article 18(1) of the Constitution.
  • Statement 2 is not correct, Padma awards were set on the ground in the year 1954 and have been handed out every year to various recipients except for the years 1978, 1979, 1993, and 1997.
  • Statement 3 is not correct, The number of annual awards is restricted to a maximum of three in a particular year. On conferment of the award, the recipient receives a Sanad (certificate) signed by the President and a medallion.

CNA 13 Jan 2023:- Download PDF Here

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