CNA 22 June 2022:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY AND GOVERNANCE 1. The judicial validity of the Talaq-e-Hasan mode of divorce 2. The absurdity of the anti-defection law C. GS 3 Related D. GS 4 Related E. Editorials POLITY 1. A wish list for reform in India’s higher judiciary SCIENCE AND TECHNOLOGY 1. A new global standard for AI ethics ECONOMY 1. Progress without limits F. Prelims Facts 1. Russia warns of ‘consequences’ over Kaliningrad rail blockade G. Tidbits 1. EU to grant Ukraine ‘candidate status’ 2. 5G to account for 39% of India’s subscriptions by 2027: Ericsson 3. Poor quality of jobs in the Indian economy H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. The judicial validity of the Talaq-e-Hasan mode of divorce
Syllabus: Indian Constitution—Significant Provisions and Basic Structure.
Prelims: Related articles of the Indian Constitution
Context:
- A public interest litigation (PIL) has been filed in the Supreme Court, seeking to invalidate Talaq-e-Hasan. A vacation Bench of Justices has allowed the plea for an urgent hearing.
Background:
- In 2017, a five bench of the Supreme Court had invalidated instant triple talaq in their verdict in the Shayara Bano vs the Union of India and others case.
For detailed information on this topic refer to the following article:
- This was followed by the enactment of the Muslim Women (Protection of Rights on Marriage) Act 2019. The act declares the instant divorce granted by the pronouncement of talaq three times as void and illegal. It provides for imprisonment for a term of up to 3 years and a fine to the husband who practised instant Triple Talaq.
Details:
- The petition argues that Talaq-e-Hasan is violative of Articles 14, 15, 21 and 25 of the Constitution and calls for it to be declared as unconstitutional.
- Article 14 calls for equality before the law. As per this article, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- Article 15 calls for the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 21 provides for the protection of life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
- Article 25 of the Indian Constitution allows for freedom of conscience and free profession, practice and propagation of religion.
- The petition also prays that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 which permits Muslims to practise unilateral divorce be declared void.
Difference between Talaq-e-Hasan and instant triple talaq:
- Unlike in the case of instant triple talaq, where a man pronounces divorce in one go, in the case of Talaq-e-Hasan divorce is pronounced with a gap of at least one month or one menstrual cycle.
- In the case of instant triple talaq, there is no scope for reconciliation between the feuding couple and often ends a marriage instantly. However, in the case of Talaq-e-Hasan, given that there is a mandatory gap between the three pronouncements of divorce during which the couple are allowed to stay together, there exists an option of rapprochement and reconciliation and revoking of the talaq-e-hasan.
- Notably, under Talaq-e-Hasan, no divorce can be administered when the woman is undergoing her menstrual cycle or in the case of pregnancy.
- Talaq-e-Hasan enjoys legal validity in almost all Muslim countries while instant triple talaq has been banned in many Muslim countries, including Egypt, Syria, Jordan, Kuwait, Iraq, Malaysia, etc.
- Also, unlike instant triple talaq, the Quran mentions the process of Talaq-e-Hasan. Notably, in its judgement in the Shayara Bano case, the Supreme Court had pointed out the absence of the mention of triple talaq in the Quran also as one of the reasons for its invalidation.
Nut Graf
The public interest litigation (PIL) seeking invalidation of Talaq-e-Hasan has drawn comparison to the Shayara Bano case where the Supreme Court had invalidated instant triple talaq. However, there are some notable differences between the two. The Quran mentions the process of Talaq-e-Hasan unlike instant triple talaq and it also enjoys legal validity in almost all Muslim countries.
2. The absurdity of the anti-defection law
Syllabus: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Prelims: 10th schedule of the Indian Constitution; Provisions of the anti-defection law.
Mains: Concerns associated with anti-defection law.
Context:
- The political churn being noticed in the state of Maharashtra, with the current government facing internal dissent from a group of MLAs, has brought the focus upon the anti-defection law.
Details:
- The article argues that the anti-defection law is antithetical to the principle of representative democracy, while also resulting in eroding of accountability of the executive to the legislature.
- It also points out that the anti-defection law has failed to bring in the stability of elected governments as envisaged by the law as the political parties have been able to use the loopholes in the provisions of the anti-defection law to bring down governments.
- Noting that the anti-defection law has failed in its objective while also giving rise to other unintended consequences, the article calls for repealing of the anti-defection law to bring the Indian system more in line with other liberal democracies like the U.S. on this issue.
For a detailed analysis of this article, please refer to the following:
CNA dated Feb 26, 2021: The absurdity of the anti-defection law
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. A wish list for reform in India’s higher judiciary
Syllabus: Structure, Organization and Functioning of the Judiciary
Prelims: Related Constitutional article
Mains: Recommendations for reforms in the organization and functioning of the higher judiciary
Context:
- Amid talks of proposals for increasing the age of retirement of Supreme Court of India judges from the current 65 years to 67 years, the article examines some aspects relating to the retirement age of judges and other areas in need of reform in the functioning of the Indian judiciary and makes certain recommendations in this direction.
Recommendations:
Addressing the disparity in the retirement ages of High Court and Supreme Court judges:
- Currently, the retirement age for High Court judges is 62, while for Supreme Court judges it is 65. The article argues for doing away with this difference and bases its arguments on the following aspects.
- Increasing the age of retirement of High Court judges will ensure the availability of judges in the High Court for a longer period and thus it will help alleviate the low number of judges problem in the judiciary to some extent.
- A notable negative fallout of the differential retirement age between the High Court and Supreme Court Judges is that it results in intense pressure and competition among the High Court Judges to make it to the Supreme Court. Doing away with the differential retirement age will let the High Court judges concentrate on their work.
- Doing away with the differential retirement age would incentivize several capable judges to remain back in the High Courts and carry on the good work in the High Courts. A capable and well-functioning High Court can help alleviate some case burdens from the Supreme Court.
After retirement work for the judges:
- After retirement, some of the Supreme Court judges are appointed to various constitutional posts and tribunals and commissions. While some get into arbitration, a very small number of judges devote themselves to public service.
- In this regard, the article calls for the creation of a cadre of public service for retired judges and recommends making appointments to the constitutional and statutory posts and special assignments from this.
- To incentivize the judges’ enrollment, there is the need to ensure full pay and the facilities of a judge of the Supreme Court for life for such judges.
- Additionally, the judges should be barred from arbitrations given that there is an element of conflict of interest involved in this case. If outright banning is not legally possible, a system should be devised to disincentivize the retired judges from pursuing arbitration. Under such a system, if any judge is unwilling to be a part of the proposed cadre and instead wishes to pursue arbitrations post-retirement, then senior positions on the Supreme Court such as the membership of the collegium ought not to be available for them.
Selecting Chief Justice of India:
- The article recommends that the choice of the Chief Justice of India should be the best reputed Chief Justice of a High Court who has proved himself worthy both in judicial office as well as administrative leadership rather than having a sitting Supreme Court elevated to that position. Having such a system in place will help ensure that the judges of the Supreme Court are not swayed by their aspirations to the office of CJI and are not influenced in their judgments.
- Notably, though it is generally assumed that the seniormost judge of the Supreme Court should be the Chief Justice of India, the Constitution mandates no such thing.
- This kind of system is also observed in the U.S. wherein only five of its 17 Chief Justices served earlier as an Associate Justice, while the rest came fresh to the Court. Such a system will help relieve excessive power and pressure.
- Also, the appointee should have a clear three-year term rather than a very short span, to ensure that he/she has sufficient time in the position to contribute.
Functioning of the Chief Justice of India:
- Recently, many CJIs are having their unfettered way in critical decision-making with respect to the functioning of the Supreme Court. In this context, the article suggests that the CJI must not be allowed to function as the primus super pares.
- Primus inter pares is a Latin phrase meaning first among equals. It is typically used as an honorary title for someone who is formally equal to other members of their group but is accorded unofficial respect, traditionally owing to their seniority in office.
- The CJI should instead function in a true collegiate manner with regard to the roster of allotment of cases and appointments to the Supreme Court and High Courts and other important matters of judicial and administrative importance.
Nut Graf
Judicial reforms in the selection process of the Chief Justice of India by expanding the pool for consideration beyond the Supreme Court judges and doing away with the basis of seniority along with reforms in the functioning of the CJI in a true collegiate manner and regulating their after-retirement work can help in improving the functioning of the judiciary.
1. A new global standard for AI ethics
Syllabus: Awareness in the fields of Artificial Intelligence Technology
Mains: Concerns associated with AI; UNESCO’s recommendation on the Ethics of Artificial Intelligence
Artificial Intelligence:
- Artificial intelligence (AI) refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions.
- Artificial Intelligence is an emerging technology that facilitates intelligence and human capabilities of sense, comprehend, and act with the use of machines.
Concerns associated with AI:
- The data set used to feed AI systems aren’t representative enough and often produce outcomes that can be biased or discriminatory towards certain sections of society like women and darker-skinned people. This is evident in the large biases observed in facial recognition technologies that have led to wrongful arrests in some cases.
- Also, there is wide inequality in terms of representation in the design and development segment of AI technologies. Only one in 10 software developers worldwide is a woman and most of these women come from western countries.
UNESCO’s Recommendation on the Ethics of Artificial Intelligence:
- In November 2021, 193 countries reached an agreement at UNESCO on the ethical use of Artificial Technology (AI). UNESCO’s Recommendation on the Ethics of Artificial Intelligence deals with how AI should be designed and used by governments and tech companies.
- The concerned countries have agreed to implement UNESCO’s recommendation.
Major recommendations:
- The recommendations emphasize more inclusive participation of all groups in the entire life cycle of AI technology, ranging from research, design and development to deployment and use.
- It calls for the proper management of data and privacy concerns. Appropriate and adequate safeguards must be ensured for processing of sensitive data and effective accountability, and redress mechanisms must be provided for.
- It prioritizes handing the control over data in the hands of users and allowing them to access and delete information as needed.
- AI systems should not be used for social scoring or mass surveillance purposes.
Applications of AI:
- Artificial intelligence finds applications in multiple disciplines including weather analysis, medical technology, education among many others.
For more detailed information on the applications of AI technology and Initiatives being taken by India refer to the linked article.
Nut Graf
India needs to have an AI strategy which can effectively promote ethical AI use without compromising the desire to be on the cutting edge of new technologies. India needs to place human interests first and before the commercial interests associated with the application of AI technology.
Syllabus: Infrastructure
Prelims: 5G technology
Context:
- The Union Cabinet has given the go-ahead for the first auction of the radio spectrum to facilitate the roll-out of 5G telecommunication services in India and subsequently, the Department of Telecommunications has issued a notice detailing the specifics of the auction.
Significance:
- The speed with which the government has moved from the initial announcement in the Union Budget to the telecom regulator’s recommendations, and finally notification of the auction — has been commendable.
- The fast adoption of 5G will allow India to be at the forefront in the adoption of the possibly transformative 5G technology.
- The 5G technology will help boost digital connectivity and can help improve the delivery of services such as mobile banking, online education and telemedicine.
Concerns:
- The setting of a high reserve price for the spectrum indicates the government’s prioritization of revenue over the industry’s long-term financial health. This is all the more worrisome given the financial stress that the sector is going through.
- Also given the relative infancy in 5G adoption even in advanced economies, the technology is yet some years away from scale-based economic viability. The market for 5G applications is relatively small.
- These two factors may lead to an ultra-cautious approach both to bidding for spectrum and in rolling out services.
Nut Graf
While the speed with which the government has moved from initial announcement to the notification for auction is laudable, the high reserve price and the relatively small market currently could undermine the largescale adoption of 5G technology.
F. Prelims Facts
1. Russia warns of ‘consequences’ over Kaliningrad rail blockade
Syllabus: Important places in news
Prelims: Kaliningrad
Context:
- Lithuania has imposed curbs on rail traffic to Russia’s Kaliningrad exclave. In this context, Russia has criticized the move for being violative of legal obligations and has warned Lithuania of serious consequences.
Kaliningrad:
- Kaliningrad is sandwiched between Poland and Lithuania along the Baltic Coast.
- After the conclusion of World War II, the Soviet Union was given control of the Kaliningrad territory at the Potsdam Conference. Post the collapse of the Soviet Union in 1991, the territory remained part of the Russian Federation.
G. Tidbits
1. EU to grant Ukraine ‘candidate status’
- European Union officials have stated that there was no opposition within the grouping to grant Ukraine “candidate status”.
- This comes just before the two-day summit of the EU that is scheduled to formally name Ukraine and Moldova “candidates” to start negotiations on joining the EU.
- The EU would impose conditions on judicial reforms and tackling corruption, among other issues, before they could move on to formal entry negotiations with the two nations.
2. 5G to account for 39% of India’s subscriptions by 2027: Ericsson
- The Mobility Report by Ericsson predicts a rapid increase in 5G subscriptions in the coming years.
- India’s 5G services are likely to be rolled out in the second half of 2022 and the subscriptions are expected to reach 50 million by the end of 2023 and about 500 million, or 39% of all subscribers, by 2027.
- The report notes an almost four-fold increase in mobile data traffic in the Indian region between 2021 and 2027. The report attributes this growth to the increasing availability and affordability of 5G smartphones, along with the rapid adoption of smartphones in urban and rural areas.
- The report notes that the low average revenue per user and high prices of spectrum poses financial challenges to the telecom companies and inhibits their ability to invest in infrastructure.
3. Poor quality of jobs in the Indian economy
- According to the Periodic Labour Force Survey 2020-21 report, a significant number of workers are neither eligible for paid leave and social benefits nor had a written contract pointing out the poor quality of jobs in the Indian economy.
- Notably, the percentage of regular wage/salaried workers not being eligible for social security benefits has increased during the pandemic years. It was 49.6% in 2017-18 and has increased to 53.8%.
- Though the percentage of workers without contracts and paid leave has come down over the years, the absolute numbers continue to remain very high. Data from PLFS shows that 64.3% did not have a written job contract and 47.9% were not eligible for paid leave.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements: (Level – Easy)
- On December 21 every year, the Northern hemisphere has summer solstice, when the night is the longest.
- On the Equator, the sun is directly overhead on two days – spring equinox in March and the autumn equinox in September.
- As one moves farther and farther away from the Equator, the difference between the lengths of day and night grows.
Choose the correct code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: b
Explanation:
- On June 21 every year, the Northern hemisphere has summer solstice, when the day is the longest.
Q2. Consider the following statements with regards to inflation and interest rates: (Level – Easy)
- A 5% inflation implies the general price level in April this year was 5% more than what it was in March this year.
- The technical definition of a recession requires an economy to contract for two consecutive quarters; a quarter is a period of three months.
- Raising interest rates by the RBI is an attempt to achieve lower inflation.
Choose the correct code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: b
Explanation:
- A 5% inflation implies the general price level in April this year was 5% more than what it was in April last year.
Q3. Consider the following statements with regards to Typhoid: (Level – Medium)
- There are no available vaccines to prevent Typhoid.
- Typhoid fever is caused by the highly contagious Salmonella Typhi virus.
- According to the WHO, a large proportion of severe typhoid fever cases occur in children aged below two years.
Choose the incorrect code:
- 1 & 2 only
- 2 & 3 only
- 1 & 3 only
- All of the above
CHECK ANSWERS:-
Answer: a
Explanation:
- There are vaccines available to prevent Typhoid. There are two vaccines to prevent typhoid fever. One is an inactivated (killed) vaccine and the other is a live, attenuated (weakened) vaccine.
- It’s caused by a bacterium called Salmonella typhi, which is related to the bacteria that cause salmonella food poisoning.
Q4. Which of the following is the motto of the Indian Navy? (Level – Medium)
- We Protect
- May the Lord of Water be auspicious unto us
- Service Before Self
- Not self but country
CHECK ANSWERS:-
Answer: b
Explanation:
- The Motto of the Indian Navy is ‘May the Lord of Water be auspicious unto us’
Q5. Which one of the following is used in preparing a natural mosquito repellent? (Level – Easy)
- Congress grass
- Elephant grass
- Lemon grass
- Nut grass
CHECK ANSWERS:-
Answer: c
Explanation:
- Lemongrass oil (Cymbopogon citratus) is an effective repellent against mosquitoes and house flies.
I. UPSC Mains Practice Questions
- Increasing the retirement age of Supreme Court judges is a sure shot way to reform the higher judiciary. Do you agree? Critically discuss. (250 words, 15 marks) [GS-2, Polity]
-
Examine UNESCO’s global agreement on the ethics of AI in detail. (250 words, 15 marks) [GS-3, S&T]
Read the previous CNA here.
CNA 22 June 2022:- Download PDF Here
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