17 Jul 2023: UPSC Exam Comprehensive News Analysis

CNA 17 July 2023:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
CONSTITUTION
1. SC collegium’s quiet transparency is driving change
C. GS 3 Related
SCIENCE AND TECHNOLOGY
1. Evolution
D. GS 4 Related
E. Editorials
GOVERNANCE
1. India’s conglomerates are getting too big for comfort
POLITY
1. On Rahul Gandhi’s conviction
F. Prelims Facts
1. Coral Bleaching
G. Tidbits
1. India-Mongolia military exercise: Nomadic Elephant
2. India to push G-20 to raise MNC tax share
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

Category: POLITY

1. On Rahul Gandhi’s conviction

Syllabus: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Mains: Defamation issue and disqualification of MP

Context:

  • The Gujarat High Court’s ruling on a MP’s criminal revision plea raises important issues regarding the legislation governing electoral representation, disqualification, and defamation. 
  • The Sessions Court’s rejection to postpone the conviction order in accordance with Section 389 of the Criminal Procedure Code (CrPC) was being challenged in a case before the High Court. 

Issue of Speech and Reputation

  • Defamation was made one of the exceptions to free expression in the Indian Constitution under Article 19(2), which was subsequently recognised by Sections 499 and 500 of the Indian Penal Code (IPC)
  • When an imputation is made with the intent to injure, or with reasonable grounds to think that it would harm a person’s reputation, one is charged with criminal defamation.
  • Actual hurt or suffering caused is not required to commit an offence in criminal defamation because intention or knowledge is sufficient.
  • The Magistrate Court found the defendants guilty and sentenced them to the harshest punishment available because it believed that people with the last name Modi or who are part of the Modi community belong to an identifiable class.

Earlier judgments on defamation

  • Supreme Court in Sahib Singh Mehra versus State of Uttar Pradesh (1965): The Supreme Court used the criteria of identifiability and definiteness in this case to determine whether or not there was a “collection of persons” involved.
  • Allahabad High Court in Tek Chand Gupta versus R. K. Karanjia and Ors. (1967): According to this case, having a constitution for itself identifies it as an association or group of people that is not illimitable and unidentified. 
  • Supreme Court in G. Narasimhan versus T. V. Chokkappa (1972): According to the court’s ruling, the conference was not a distinct and recognisably identifiable group that could be referred to as a “collection of persons.”

Also read History of Defamation Law in India.

Refusal of Stay and Purity in Politics

  • The Gujarat High Court’s unambiguous denial of a request for a stay of the conviction was likewise justified by the urgent necessity for political purity. 
  • The court ruled that the second petitioner’s case fell under the category of unusual and exceptional circumstances after taking into account a variety of legal, extralegal, and other conditions as well as unique aspects coming out of this case. Not postponing the conviction would have severe consequences. 
  • In this case, the sentence was ten years of solitary confinement, although the sentence in the defamation case was only two years.

Relevant Precedents

  • The parliamentary membership is undetermined due to the conflicting opinions of the Sessions Court and Gujarat High Court. 
  • It is crucial to note that the Supreme Court has carefully shaped the legal framework surrounding the suspension of a conviction order in a number of decisions. 
  • As required by Section 389(1), the Appellate Court must support its order with reasons that will be recorded in writing, therefore it is necessary to clearly draw its attention to the consequence that is likely to allow it to apply its thoughts to the matter.

Conclusion

Even the Representation of People Act, 1951 distinguished the different levels of criminality that resulted in disqualification by categorising several types of offences. According to reports, the disqualified MP has appealed the Gujarat High Court’s decision in the revision case to the Supreme Court. It is up to the Supreme Court to use its broad authority to carry out substantive justice under Article 136 to grant indulgence to delay the conviction in this particular case of defamation and disqualification by combining the legal principles that have been stated by the Supreme Court in other judgements. 

Nut Graf: The implication of a six-year ban from running for office, which will have serious consequences. Defamation is only considered a crime when the maximum sentence applies, so it may warrant special consideration. 

F. Prelims Facts

1. Coral Bleaching

Syllabus: GS 3- Environment

Prelims: Conservation, Environmental pollution and degradation.

Introduction:

  • Record temperatures worldwide have led to severe consequences for various species, including corals. Corals are highly vulnerable to bleaching when the surrounding water becomes too warm.

Understanding Bleaching:

  • Bleaching occurs when corals lose their vibrant colors and turn white, indicating a change in the surrounding water conditions.
  • The loss of colour provides a visible indicator that the corals are under stress.

Read more on What is Coral Bleaching?.

Role of Zooxanthellae:

  • Most corals have a symbiotic relationship with algae called zooxanthellae.
  • Zooxanthellae provide corals with colours and receive essential nutrients, such as amino acids and sugars, in return.
  • Changes in the ocean environment, such as temperature increase, acidification, or excessive brightness, can cause zooxanthellae to leave the coral.

Consequences of Stress:

  • As zooxanthellae leave the coral, the coral gradually fades and appears bleached.
  • If the coral remains stressed, it may not recover and could eventually die.
  • Other stressors for corals include low tides, water pollution, and ecosystem changes caused by the climate crisis.

Survival and Recovery:

  • Bleaching events are not always fatal for coral colonies.
  • Some colonies have shown resilience and survived bleaching events.
  • For example, a coral colony near Japan’s Iriomote Island experienced bleaching in 2016 but exhibited signs of recovery by 2020.

Conclusion:

  • Rising temperatures pose a significant threat to corals worldwide, leading to bleaching events and potential long-term damage to coral reefs.
  • Understanding the factors contributing to bleaching, such as the departure of zooxanthellae, can help researchers and conservationists develop strategies to protect and restore coral ecosystems.

G. Tidbits

1. India-Mongolia military exercise: Nomadic Elephant

  • Indian and Mongolian troops will participate in the 15th edition of the bilateral military exercise “Nomadic Elephant­23” in Ulaanbaatar from July 17 to 31.
  • The exercise aims to exchange best practices and enhance interoperability between the two armies.
  • A contingent of 43 personnel from the Indian Army arrived in Ulaanbaatar on an Indian Air Force C­17 aircraft to participate in the exercise.
  • The primary focus of the exercise is on counter-terrorism operations in mountainous terrain under the United Nations mandate.
  • Nomadic Elephant” is an annual training exercise conducted alternately in Mongolia and India.
  • The joint operation will include personnel from the Mongolian Armed Forces Unit 084 and the Jammu and Kashmir Light Infantry Regiment of the Indian Army.
  • The Ministry of Defence stated that the exercise’s objective is to foster positive military relations, camaraderie, and friendship between the two armies.

Also read India-Mongol Relations.

2. India to push G-20 to raise MNC tax share

  • India is urging its G-20 partners to support its proposal for higher taxes on multinational companies’ “excess profits.”
  • India aims for a significant increase in taxes paid by multinational companies in countries where they conduct business.
  • The country seeks a larger tax share based on the firm’s operations and profits within its borders.
  • The proposal could impact the anticipated progress on global corporate taxation reform during the Finance Ministers’ meeting in Gujarat.
  • Present rules allow digital giants like Apple and Amazon to book profits in low-tax countries.
  • The OECD‘s proposed agreement encompasses a minimum tax of 15% on major multinational corporations, alongside an extra 25% tax on profits deemed to be in excess.
  • Excess profits are defined as profits exceeding 10% annual growth for corporations with annual revenues over $22 billion.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements:
  1. Coral bleaching occurs when corals lose their vibrant colours and turn white due to increased water temperature.
  2. Coral is dependent on Zooxanthellae for supply of food.
  3. Coral reef is an example of ‘fragile habitats’.

How many of the statements given above are incorrect?

  1. Only one
  2. Only two
  3. All three
  4. None
CHECK ANSWERS:-

Answer: d

Explanation: 

All three Statements are correct. Some habitats are more vulnerable to species extinction, these are called fragile habitats. Coral reefs, oceanic islands, and mountain tops are important fragile habitats.

Q2.  Which of the following statements about cluster bombs is correct?
  1. They are precision-guided munitions used for targeted strikes on military facilities.
  2. Cluster bombs are designed to disperse multiple explosive submunitions over a wide area.
  3. Cluster bombs are widely recognized as a safe and humane weapon with minimal impact on civilian populations.
  4. They are primarily used for humanitarian purposes, such as delivering aid and supplies to disaster-stricken areas.
CHECK ANSWERS:-

Answer: b

Explanation: 

Cluster bombs disperse smaller submunitions over a wide area, posing risks to civilians even after conflicts end due to their indiscriminate nature.

Q3. Consider the following statements regarding Hoolock gibbons:
  1. Hoolock gibbons are found primarily in the rainforests of South America.
  2. They are the smallest of all the ape species.
  3. They are known for their distinctive white fur.

How many of the statements given above are correct?

  1. Only one
  2. Only two
  3. All three
  4. None
CHECK ANSWERS:-

Answer: d

Explanation: 

Hoolock Gibbons, found in South & Southeast Asia, are not the smallest of all ape species. Males are black, while females have grey-brown fur.

Q4. Which of the following statements about G-20's initiative to raise MNC tax is correct?
  1. G-20 plans to lower MNC tax rates to attract foreign investments.
  2. G-20 aims to increase MNC tax rates to promote domestic industries.
  3. G-20 is working on a global minimum tax for multinational corporations to prevent tax evasion.
  4. G-20 seeks to eliminate all taxes for multinational corporations to boost economic growth.
CHECK ANSWERS:-

Answer: c

Explanation: 

G-20 is working on a global minimum tax for multinational corporations to prevent tax evasion.

Q5. Which of the following statements about "Nomadic Elephant" exercise is correct?
  1. It is a bilateral military exercise between India and Sri Lanka.
  2. It is an annual joint military exercise between India and Mongolia.
  3. It is a multinational maritime exercise involving India, Australia, and Indonesia.
  4. It is a counter-terrorism exercise conducted by India and Myanmar.
CHECK ANSWERS:-

Answer: b

Explanation: 

“Nomadic Elephant” is an annual joint military exercise that is conducted alternatively in Mongolia and India.

I. UPSC Mains Practice Questions

  1. Examine the provisions related to defamation law in India. (250 words, 15 marks) [GS-2; Constitution]
  2. What is cloud storage? Why cloud security is critical for cyber security? (250 words, 15 marks) [GS-3: Security]

Read the previous CNA here.

CNA 17 July 2023:- Download PDF Here

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