14 Jul 2023: UPSC Exam Comprehensive News Analysis

E. Editorials

Category: POLITY

1. An unacceptable verdict in the constitutional sense

Syllabus: Organization and Functioning of the Executive and the Judiciary

Mains: Issue of live-in relationship and protection of liberty

Context:

• The Allahabad High Court recently issued a judgment denying protection to an inter-faith couple in a live-in relationship.
• The verdict disregards constitutional principles of individual autonomy and personal liberty, favouring conventional social morality instead.

Supreme Court Verdicts on Fundamental Rights:

• Supreme Court judgments on fundamental rights are binding on all courts in the country.
• The top court’s role is to engage in constitutional adjudication, not to encourage or discourage social practices or individual conduct.

Upholding Personal Liberty:

• Previous Supreme Court judgments, cited in the Allahabad verdict, upheld personal liberty.
• These judgments recognized individuals’ right to choose their partners and engage in consensual relationships.

Read more on Article 21 of the Indian Constitution – Right to Life and Personal Liberty.

Neglecting Constitutional Morality:

• The High Court focused on conventional social morality rather than upholding constitutional principles.
• It failed to recognize the Supreme Court’s repeated affirmations of the importance of constitutional morality in personal relations.

Disregarding Supreme Court Precedents:

• The High Court disregarded several Supreme Court judgments on live-in relationships, despite citing them.
• It provided untenable reasons for rejecting the precedential value of these top court verdicts.

Irrelevant Consideration of Personal Laws on Marriage:

• The High Court exceeded its jurisdiction by relying on personal laws on marriage, which were irrelevant to the case.
• It made an unnecessary reference to Section 125 of the Criminal Procedure Code (CrPC) concerning maintenance to wives, despite the case not involving marriage.

Inclination towards Orthodoxy:

• The judgment reveals a clear inclination towards social orthodoxy and religious revivalism.
• The court acted as a theological body, ignoring the principles of individual liberty and autonomy within its writ jurisdiction.

Misinterpretation of Supreme Court Observations:

• The Allahabad High Court wrongly claimed that Supreme Court observations were specific to the facts of the cases.
• The court should not have disregarded established propositions of law laid down by the Supreme Court on matters of fundamental rights.

Failure to Uphold Fundamental Rights:

• The petitioners sought protection from police harassment, asserting their right to be free from torture.
• The High Court should have focused on endorsing the couple’s fundamental rights instead of conducting an irrelevant analysis of personal laws.

Conclusion: The Allahabad High Court’s judgment represents a case of judicial indiscipline. It mistakenly prioritized the moral lessons of personal laws over constitutional tenets. The Supreme Court is expected to rectify this adjudicatory mishap promptly.

Nut Graf: The recent judgment by the Allahabad High Court, which denied protection to an inter-faith couple in a live-in relationship, disregards constitutional principles and Supreme Court precedents, highlighting a concerning inclination towards social orthodoxy.

2. Scientists need free speech

Syllabus: Indian Constitution-Features, Significant Provisions 

Mains: Do Scientists have freedom of speech and Expression? Importance of Inter-disciplinary approach

Context:

• Last week, over 500 scientists and academics criticized the Indian Institute of Science (IISc) for prohibiting a discussion on the Unlawful Activities Prevention Act.
• The Indian Institute of Science, Education and Research (IISER) at Mohali, Punjab, responded by issuing a show cause notice to two faculty members who had signed the letter.

Scientists’ Constitutional Right to Participate in Social Discussions:

• Scientific research institutes are part of society, and their members have the same constitutional right to engage in social discussions as others.
• These institutions rely on public support, which entails the responsibility to educate and express opinions on matters of public interest.
• Failing to stand up for justice during times of social turmoil would be an abdication of this responsibility.

Science and its Multiple Links:

• Restricting scientists to only science and excluding social questions is an artificial approach.
• Various scientific fields naturally intersect with broader issues, shaping the scientific focus and raising questions of inequality, justice, and ethics.
• Fields like climate change, energy policy, and artificial intelligence demonstrate the interconnectedness of science and social contexts.

Scientific Advances, Social Progress, and Responsibility:

• Generous public support for scientific research, such as the national quantum mission, is based on the expectation of public benefit.
• However, scientific and technological advances can either contribute to social progress or facilitate oppression and inequality.
• Scientists need to involve themselves in decisions regarding the deployment of science to prevent the complete relinquishment of this responsibility to external forces.

Engaging with Social Issues:

• India has a rich tradition of scientists who have engaged with social issues, including the people’s science movements.
• Examples like the Kerala Sasthra Sahithya Parishad and the All India Peoples Science Network highlight the contributions of scientists to social benefit.

Pressures and Concerns of Scientific Administrators:

• Scientific administrators are often uncomfortable with political discussions within their institutions due to fears of government backlash.
• Some administrators invoke rules designed for government bureaucrats, such as the Central Civil Service (Conduct) Rules, to limit discussions.

Conclusion: Encouraging social and political discussions in scientific research institutions is vital for scientists to fulfil their responsibility to society. By recognizing the interconnectedness of science and broader issues, scientists can contribute to social progress and prevent the misuse of scientific advancements.

Nut Graf: Amidst criticism faced by Indian research institutes for restricting discussions, it is crucial to recognize that scientists’ participation in social and political debates is not only their right but also necessary for informed decision-making and societal progress.

Category: ECONOMICS

1. 50th GST Council meeting

Syllabus: Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment

Mains: GST council meeting outcomes, Impact on the online gaming Industry of recent GST tax rate change 

Context: The Goods and Services Tax (GST) Council’s 50th meeting addressed crucial issues, including the constitution of Appellate Tribunals and tax treatment for the online gaming industry. 

Appellate Tribunals:

• Appointment norms for tribunal members have been cleared.
• The first set of tribunals is to be operational in 4-6 months.
• States proposed 50 tribunal benches, phased implementation in State capitals and cities with High Court benches.

Read more on GST Appellate Tribunal.

Tax Treatment for Online Gaming Industry:

• Finalized 28% GST levy on the face value of bets in online games, casinos, and horse racing. However, the industry expressed concerns, terming it detrimental to the sector and jobs.
• The Ministry of Electronics and IT is formulating a policy for online gaming, and the possibility of further review.

Tax Exemptions, Rate Reductions, and Clarifications:

• Lower 5% GST on food and beverages in cinema halls, unfried snack pellets, fish soluble paste, and imitation zari yarn.
• Rectification of past tax payment incongruencies and exemptions for drugs imported for cancer and rare diseases.

Conclusion: The 50th GST Council meeting addressed important concerns, such as Appellate Tribunals and tax treatment for online gaming. It granted tax exemptions and clarified rates, but concerns persist regarding delayed rate adjustments and the lack of focus on comprehensive reforms.

Nut Graf: The 50th GST Council meeting resolved issues related to Appellate Tribunals and online gaming taxes. While providing relief through exemptions and rate adjustments, concerns remain regarding delayed reforms and their potential impact on the gaming industry.

Category: INTERNATIONAL RELATIONS

1. NATO & Ukraine

Syllabus: Global Groupings and Agreements involving India and/or affecting India’s interests.

Mains: NATO expansion and its impact on Global peace 

Context: 

• NATO members met in Lithuania to assess military and financial support to Ukraine.
• Ukrainian President Zelenskyy expresses disappointment as no timetable for Ukraine’s induction into NATO is offered.

The outcome of the Lithuania Meeting:

• NATO members met in Lithuania to assess military and financial support to Ukraine in the face of Russian aggression.
• However, no timetable for Ukraine’s induction into NATO was offered, disappointing Ukrainian President Zelenskyy.
• Finland’s recent membership and Sweden’s imminent accession further amplified the frustration.

NATO’s Statement on Ukraine:

• NATO has provided significant support to Ukraine directly and waived its Membership Action Plan requirements.
• The plan ensures that new members have functioning democracies, market economies, civilian control over the military, commitment to conflict resolution, fair treatment of minorities, and willingness to contribute to NATO operations.

The Paradox in NATO’s Approach:

• NATO leaders have overlooked the need to address the root causes of the Ukraine conflict.
• The focus on recruitment campaigns, which Russia has used as an argument for aggression, is a contentious issue.
• The debate raises the question of whether NATO should consider slowing down expansion to avoid provoking further conflicts.
• Instead of escalating military tensions, NATO should explore potential pathways to a ceasefire and temporary cessation of hostilities.
• Emphasizing diplomacy and peaceful resolution of conflicts is crucial. The current approach risks setting the stage for further military escalation and cruelty.

Conclusion: NATO, as a group committed to market economies, democracy, human rights, and peace, must work towards changing the paradigm that triggered the conflict. While President Putin’s territorial ambitions and Kremlin politics may persist, NATO should prioritize its values and strive to prevent avoidable conflicts. Addressing the root causes and promoting peaceful resolutions are necessary steps for long-term stability in the region.

Nut Graf: NATO’s recent meeting in Lithuania highlighted the organization’s failure to offer a timetable for Ukraine’s induction and the need for a shift in paradigm. The emphasis on recruitment campaigns without addressing the root causes risks further conflict escalation.