12 Mar 2020: UPSC Exam Comprehensive News Analysis

12th March 2020 CNA:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
POLITY AND GOVERNANCE
1. Supreme Court comes down on sexual harassment of women at workplace
2. Role of Lieutenant Governor and elected government intertwined, rules Madras High Court
HEALTH
1. COVID-19 now a pandemic, says WHO
2. States to be asked to invoke Epidemic Disease Act: Centre
C. GS 3 Related
D. GS 4 Related
E. Editorials
GOVERNANCE
1. Ruling against judicial transparency
POLITY
1. For a level playing field: On election reforms
F. Prelims Facts
1. Forcible dispossession of a person’s property a human right violation: Supreme Court
2. RBI invites applications for Deputy Governor’s post
G. Tidbits
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

2. Role of Lieutenant Governor and elected government intertwined, rules Madras High Court

Context:

Madras High Court held that the role of Puducherry’s Lieutenant Governor and that of an elected government in the Union Territory were intertwined as per law, and therefore they were expected to act in unison and not in division.

Background:

This issue has been covered in the 5th June 2019 Comprehensive News Analysis. Click here to read.

Details:

  • The Bench gave the ruling, setting aside the judgment of a single judge who, according to the Bench, had delivered a verdict in favour of the elected government and held that the L-G could not interfere with its day-to-day functioning by fostering a “basically incorrect” opinion that the legislature of the Union Territory was on a par with that of a State.
  • The recent verdict has said that the State legislatures were a creation of the Constitution, whereas the Union Territory legislatures were created under a law such as the Government of Union Territories Act, 1963.

The constitutional provisions, the 1963 Act, as well as the Rules of Business of the Government of Puducherry, expect the Lieutenant Governor to act as a bridge between the local government and the Centre and the latter to play the role of an umpire whenever there was a disagreement between the Lieutenant Governor and the Council of Ministers.

Category: HEALTH

1. COVID-19 now a pandemic, says WHO

Context:

The World Health Organisation (WHO) said that according to its assessment, COVID-19 “can be characterised as a pandemic.”

Details:

  • According to the WHO, a pandemic is the worldwide spread of a new disease.
  • The US Centers for Disease Control and Prevention defines a pandemic as “an epidemic that has spread over several countries or continents, usually affecting a large number of people.”
    • The same body defines an epidemic as “an increase, often sudden, in the number of cases of a disease above what is normally expected in that population in that area.”
  • Thus, the ‘pandemic’ status has to do more with the spread of the disease, than its severity.
  • Pandemic comes from the Greek ‘pandemos’, which means ‘everybody’.
  • So ‘pandemos’ is a concept where there’s a belief that the whole world’s population will likely be exposed to this infection and potentially a proportion of them will fall sick.

Glossary of terms for virus outbreak:

  • OUTBREAK: A sudden rise in cases of a disease in a particular place.
  • EPIDEMIC: A large outbreak, one that spreads among a population or region. The current outbreak of a flu-like illness caused by a new virus in China is considered an epidemic.
  • PANDEMIC: Generally refers to an epidemic that has spread on a more global scale, affecting large numbers of people.
    • While there are cases of illness outside China, the World Health Organization had said it was not a pandemic.
    • Exactly when enough places have enough infections to declare one isn’t a black-and-white decision. But generally, the WHO is looking for sustained outbreaks on different continents.
  • COVID-19: Name given to the illness caused by the new coronavirus first identified in China in December 2019. CO and VI are for coronavirus, D is for disease, and 19 for 2019. The virus itself is called SARS-cov-2.
  • QUARANTINE: Restrict the movement of healthy people who may have been exposed to an infection to see if they become ill. For example, the passengers on the Diamond Princess cruise ship in Japan were quarantined.

2. States to be asked to invoke Epidemic Disease Act: Centre

Context:

It was decided in a Cabinet Secretary meeting that states and Union Territories should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897, so that Health Ministry advisories are enforceable.

Details:

  • The high-level Group of Ministers (GOM) was constituted to review the measures taken for the management of COVID-19 in India.
  • The guidance provides critical considerations and practical checklists to keep schools safe. It also advises national and local authorities on how to adapt and implement emergency plans for educational facilities.
  • The release noted that in the event of school closures, the guidance includes recommendations to mitigate the possible negative impacts on children’s learning and well-being.

Epidemic Diseases Act:

The Epidemic Diseases Act is routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera.

History of the 1897 Epidemic Diseases Act:

  • The colonial government introduced the Act to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.
  • Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.
  • In 1897, the year the law was enforced, freedom fighter Bal Gangadhar Tilak was punished with 18 months’ rigorous imprisonment after his newspapers Kesari and Mahratta admonished imperial authorities for their handling of the plague epidemic.

Provisions of the 1897 Epidemic Diseases Act

  • The Act, which consists of four sections, aims to provide for the better prevention of the spread of Dangerous Epidemic Diseases.
  • Section 2 empowers state governments/UTs to take special measures and formulate regulations for containing the outbreak. It reads: Power to take special measures and prescribe regulations as to dangerous epidemic disease.—
    1. When at any time the State Government is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease.
      • The State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease.
      • It may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
    2. In particular and without prejudice to the generality of the foregoing provisions, the State Government may take measures and prescribe regulations for—
      • The inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.
  • Section 3 provides penalties for disobeying any regulation or order made under the Act. These are according to Section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).
  • Section 4 gives legal protection to the implementing officers acting under the Act.

Issues:

  • The Epidemic Diseases Act of 1897 promulgated over a century ago was initially legislated by our colonial masters in an effort to combat the then deadly bubonic plague.
    • The Act in its use was widely condemned in the India Journal of Medical Ethics.
  • The Act, last amended in 1956, lacks in most basic criteria when compared to comparable legislations as available in other democracies.
    • In England, the Public Health (Control of Disease) Act 1984 was promulgated with the aim of creating specific delineated roles of different authorities to combat infectious diseases.
      • The Act provides for notification of an infectious disease, the role and responsibilities of healthcare workers in identifying contagious individuals and a clear hierarchical chain in which the said identification is to be reported.
      • It further provides for measures in which the said disease is to be controlled and as mentioned above delineates specific roles, responsibilities and powers on specific authorities in the time of a crisis.
      • These include responsibilities undertaken by the local authorities right up to the national level.
      • The responding authorities thus have a pre-planned format within which to operate.
      • This undercuts the scope for confusion and jurisdictional issues amongst different state authorities in the time of crisis.
    • The Public Health Services Act from the United States, also like its English counterpart, creates an administrative superstructure through which any public health emergency must be routed.
      • The Act prepares for a nationwide epidemic by anticipating the need for additional manpower by creating a reserve corps to supplement commissioned corps on short notice.
      • Another key aspect of the Act is clear and to the point separation of the roles of the centre and states.
  • One of the more obvious defects of our Epidemic Diseases Act of 1897 is that it gives no clarity of how a public health emergency would impact the inherent federal structure of our Constitution.
  • Being a pre-independence Act, the same fails to provide any clarity on how the responsibility of controlling a nationwide epidemic is to be shared between the different states and the Union.
  • While the above mentioned foreign legislations acknowledge the need for set and proven administrative channels coupled with detailed and well-rehearsed protocols, India’s one-page, four-section act is wholly incapable of providing adequate legislative backing towards dealing with even a minor Public Health Emergency.
  • The Act by its very nature provides for an abrupt knee-jerk reaction. Instead of anticipating that a public health emergency would require a robust and preplanned administrative framework, the Act merely gives the power to state authorities to subvert any and all existing laws and regulations while dealing with an epidemic.
  • There is no provision to delineate specific roles to certain organisations, nothing to mandate any sort of pre-planning or provide for any specific proforma that the local or state level health or other authorities may follow in the case of an emergency.
  • The Act even fails to clarify when and how a particular disease is to be declared as an epidemic, necessitating the evocation of the Act.
  • Without a proper and coherent command and control superstructure, what would result is a state by state response, with each state differing in its strategy to contain and overcome a public health emergency.
  • Each state would have to come up with administrative and health protocols on the fly whilst in the midst of a crisis.
  • There are currently some schemes operating at the national level like the Integrated Disease Surveillance Project which aims to monitor and provide rapid response to epidemic situations, however, the same lack any legislative backing. Being based on executive instructions, they are devoid of adequate powers to contain and handle an epidemic.

Way forward:

  • There is no law, for example, to sanctify the isolation and cordoning off of entire regions, nothing to mandate compulsory hospitalisation, no expert authority to oversee the logistics of the kind of shutdowns that would result from even a mediocre epidemic.
  • What is further required is a cohesive legislation that relates to areas outside of immediate treatment.

Note:

  • At present, at least 60 COVID-19 cases have been confirmed in India.
  • The Indian Medical Association (IMA) said that sharing data of infected people on a daily basis with the public has created panic across the country.
    • It appealed to the government to “classify the data” of the pandemic and take appropriate action with “clinical precision.”
  • The International Federation of the Red Cross (IFRC), UNICEF and the World Health Organization (WHO) have also issued new guidance to help protect children and schools from the transmission of the COVID-19.

Read more about COVID-19.

E. Editorials

Category: GOVERNANCE

1. Ruling against judicial transparency

Context

  • The Supreme Court in Chief Information Commissioner v. High Court of Gujarat case has held that the information to be accessed/certified copies on the judicial side is to be obtained through the mechanism provided under the High Court Rules and the provisions of the RTI Act shall not be resorted to.

Background

  • The Chief Information Commission and Gujarat Information Commission had challenged a Gujarat High Court order which had held that the high court rules governing the issuance of certified copy of the documents would prevail over the Right to Information Act provisions.
  • The high court had categorically held that when a copy is demanded by any person the same has to be in accordance with the rules of the high court on the subject.

Seeking information from the court-Current Picture

  • All high courts and the Supreme Court have certain rules for conducting their proceedings. Most of them have had a rule stating that parties in a suit may get copies relating to their case.
  • However, those who are not parties to the suit may obtain them if they give an affidavit stating their reasons for seeking this information. If the court is satisfied with the reasons, it would provide it.

Importance of court records to public discourse in India

  • A significant number of decisions taken by the courts influence our daily life.
    • Every prosecution before a criminal court is essentially an opportunity to hold the police accountable just as every writ petition is an opportunity to hold the government accountable.
    • Similarly, a significant number of commercial lawsuits are opportunities to learn more about corporations and the manner in which commercial translations are executed in the country.
  • In all of these cases, the pleadings filed by either party contain information that is useful to a range of stakeholders such as citizens, journalists, academics, shareholders, etc., who can better inform the public discourse on the ramifications of these decisions.
    • This is especially true in cases of public interest litigation, where the courts indulge in policymaking on the basis of the report of an amicus curiae or an expert committee set up by judges.
    • The reports of these committees are not accessible to third parties, though they may be impacted by these decisions, because they form part of the court record and are hence outside the purview of the RTI Act.
  • There is no question of arguing for the confidentiality of these records because it is now a well-recognized principle that all judicial proceedings must take place in open court, unless prohibited by law for reasonable purposes.
    • But, while it is completely legal for anyone to sit in court and take notes while a lawyer narrates the content of pleadings, the courts make it as difficult as possible to access the pleadings in a simple manner.
    • That said, for those with deeper pockets, it is only a matter of paying out a bribe to get copies of pleadings “informally”.

Conflict between RTI and the other acts

  • The Supreme Court’s verdict in this case hinged on Section 22 of the RTI Act which states that the RTI Act shall override any other law to the extent that the latter is inconsistent with the former.
    • The Section states: “Act to have an overriding effect — The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.”
    • The wordings are such that in case of conflict between the RTI Act and any other legislation (but with exemptions as given under Section 8), it is the RTI that would prevail.
  • Despite this crystal-clear wording of Section 22, the Supreme Court and, on previous occasions, the High Courts, have concluded exactly the opposite.

The court’s reasoning has three steps to it.

  • First, it concludes that there is no inconsistency between the RTI Act and the court rules.
    • This is factually incorrect because the Gujarat High Court Rules, unlike the RTI Act, require the submission of an affidavit stating the purpose of seeking copies of the pleadings.
    • The RTI Act requires no reasons to be provided while seeking information.
  • Second, the court argues that, “A special enactment or rule cannot be held to be overridden by a later general enactment simply because the latter opens up with a non-obstante clause, unless there is clear inconsistency between the two legislations.”
  • Third, the court’s reasoning was its conclusion that Section 22 could not be read in a manner to imply repeal of other laws, such as the Gujarat High Court Rules.
    • The court states that if the intention was to repeal another law, the legislature would have specifically stated so in the RTI Act, as was done in Section 31 when the RTI Act repealed the previous Freedom of Information Act, 2002.
    • This reasoning is bewildering because it would render non-obstante clauses entirely useless.

Non-obstante clause

  • The non-obstante clause is appended to a provision with a view to give the enacting part of the provision an overriding effect in case of a conflict.
  • There should be a clear inconsistency between the two enactments before giving an overriding effect.

Concerns

  • This violates the basic premise that all information in government belongs to the citizens and they have a right to access it.
    • The RTI has been accepted as a fundamental right of citizens under Article 19 (1) (a). This covers the right to free speech, right to publish and right to information. A citizen does not have to give reasons for exercising any of these, though some reasonable restrictions can be imposed on them, as laid down in Article 19 (2).
    • In line with this, the RTI Act has specific exemptions under Section 8 in the Act and only those exemptions can be used to deny information to a citizen.
  • This ruling could subvert the RTI Act very seriously. Various public authorities could make the RTI Act irrelevant by creating their own rules for giving information.
    • This ruling also violates a basic premise that if there is more than one route for an activity, it is the citizen’s choice to choose the route.
  • An application under the RTI Act can be made by post, with the fee being deposited through a postal order. The procedure is simple enough to enable most citizens to file RTI applications by themselves. Not so for the procedure under the High Court Rules.
    • Most High Courts and the Supreme Court require the physical filing of an application with the Registry, and a hearing before a judge to determine whether records should be given.
    • In an atmosphere where it is becoming increasingly difficult for ordinary litigants to even enter court premises because of thoughtless measures in the name of security, it becomes a logistical nightmare for citizens to file an application with the Registry.

Conclusion

  • The Supreme Court, on various occasions, has ruled that it is binding (with exemptions) on public sector institutions to implement RTI to promote transparency in the system.
  • Going forward, the SC should walk the talk if it aspires to inspire any public institution to put words into action.

 

Category: POLITY

1. For a level playing field: On election reforms

Introduction

  • Indian democracy has evolved. The festival of elections which is supervised by the Election Commission of India brings key reforms periodically.
  • The electoral participation has remained robust, with the poor voting in large numbers.
  • But candidates and winners in Assembly and Lok Sabha polls have largely been from affluent sections — some even with several criminal cases against them.

A look at stats

With elections becoming expensive, most parties have sought to field richer candidates irrespective of their merit in representing public interest.

  • According to a report by the election watchdog, Association for Democratic Reforms (ADR), nearly a fifth or 19% of 8000 candidates who contested the 2019 general elections had declared pending criminal cases against them while 29% have assets worth Rs 1 crore or more.
  • As many as 440 of the 536 MPs in the Lok Sabha are crorepatis.

In such an environment, capable candidates stand no chance against the money power of more affluent candidates.

Finance regulations by the Election Commission of India

  • The Election Commission of India seeks transparency on expenses by party and candidates, and has prescribed limits on a candidate’s expenditure. But this has no deterrence effect in the current electoral politics.
  • Poll results have tended to be a function of either party or leader preference by the voter rather than a statement on the capability of the candidate.

Reforms planned by ECI

  • ECI is considering tightening ways to cap the expenditure of parties, as it should provide a more level playing field. But this can be meaningful only if there is more transparency.
    • Example: The electoral bond scheme should be scrapped.
  • The ECI has also suggested bringing social media and print media under the “silent period” ambit after campaigning ends.
    • Regulating social media will be difficult and it remains to be seen how the ECI will implement this.

Rethinking before implementing

The ECI plans to introduce new “safe and secure” voting methods, but this will need thorough scrutiny.

  • The use of the Electronic Voting Machines (EVMs) as a standalone, one-time programmable chip-based system, along with administrative safeguards renders it a safe mechanism that is not vulnerable to hacking.
    • Any other “online” form of voting that is based on networked systems should be avoided.
  • The idea of an Aadhaar-linked remote voting system that is sought to be built as a prototype could be problematic considering how the unique identity card has excluded genuine beneficiaries when used in welfare schemes, not to mention the inherent vulnerabilities in its recognition mechanisms.

Recommendations

More powers have to be given to the Election Commission of India to fight against “vote buying” and hate speech.

  • Increasingly, parties have resorted to bribing voters in the form of money and other commodities in return for votes, and while the ECI has tried to warn outfits or in some cases postponed polls, these have not deterred them.
  • In times when hate speech is used during elections, the ECI has only managed to rap the offending candidates or party spokespersons on the knuckles.
    • Section 123(3) of the Representation of People Act, 1951, clearly prohibits such speeches but these provisions of the law have proved nothing more than paper tigers.
    • The Model Code of Conduct (MCC) is also being flouted with impunity. The MCC bars hate speeches though it has no statutory basis.
  • Thus, there is a need for stricter norms including disqualification of the candidate, which could act as the deterrent factor.
  • Another way to call out bigoted or politically incorrect speech is to set up a non-partisan body of eminent citizens who can analyze and rate political speeches to highlight bigotry and bias.
    • The EC can publicize these ratings so that the voter can decide which party is violating the MCC or playing by the rules.

F. Prelims Facts

1. Forcible dispossession of a person’s property a human right violation: Supreme Court

  • The Supreme Court has reiterated that forcible dispossession of a person of his private property without due process of law is a violation of human rights.
  • The court stressed that right to property is both a human right and a constitutional right — the latter under Article 300A of the Constitution.

This “Private property is a human right” has been covered in the 13th January 2020 Comprehensive News Analysis. Click here to read.

2. RBI invites applications for Deputy Governor’s post

What’s in News?

The Reserve Bank of India (RBI) has invited applications from its Executive Directors for the Deputy Governor’s post, one of the four Deputy Governors is scheduled to complete his three-year term.

  • To be eligible for the Deputy Governor’s post, a candidate must be below 60 years.
  • RBI has four Deputy Governors, of which two are promoted from within the ranks.
  • The Deputy Governors of RBI are appointed by the government.

G. Tidbits

Nothing here for today!!!

H. UPSC Prelims Practice Questions

Q1. “Right to Property” is:
  1. Human Right
  2. Constitutional Right
  3. Fundamental Right

Choose the correct option:

a. 1 and 2 only
b. 1 only
c. 2 only
d. 1, 2 and 3 only

See
Answer

Answer: a

Explanation:

The Supreme Court in its recent verdict stressed that right to property is both a human right and a constitutional right — the latter under Article 300A of the Constitution. 

 

Q2. Consider the following statements:
  1. National Legal Service Authority (NALSA) is a constitutional body constituted to provide free legal aid to the poor and weaker sections of the society.
  2. Chief Justice of the respective High Courts is the Patron-in-Chief of the State Legal Services Authority.
  3. The administrative expenses of the State Legal Services Authority are settled out of the Consolidated Fund of India.

Which of the given statement/s is/are incorrect?

a. 1 and 2 only
b. 1 and 3 only
c. 2 and 3 only
d. 3 only

See
Answer

Answer: b

Explanation:

National Legal Service Authority (NALSA) is a statutory body constituted to provide free legal aid to the poor and weaker sections of the society. The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary, officers and other employees of the State Authority shall be defrayed out of the Consolidated Fund of the State. 

 

Q3. Consider the following statements with respect to Marginal Cost of Funds based Lending
Rate (MCLR):
  1. It is the minimum lending rate below which a bank is not permitted to lend.
  2. It is a tenor based Internal Benchmark for the bank.
  3. It is calculated based on the marginal cost of funds, negative carry on account of cash reserve ratio, operating costs, and tenor premium.

Which of the given statement/s is/are correct?

a. 1 only
b. 1 and 3 only
c. 1, 2 and 3
d. 2 only

See
Answer

Answer: c

Explanation:

Marginal Cost of Funds based Lending Rate (MCLR) is the minimum lending rate below which a bank is not permitted to lend. MCLR is a tenor-linked internal benchmark, which means the rate is determined internally by the bank depending on the period left for the repayment of a loan. MCLR is closely linked to the actual deposit rates and is calculated based on four components: the marginal cost of funds, negative carry on account of cash reserve ratio, operating costs and tenor premium. 

Q4. “Yuvika”, recently seen in news is:

a. A Young Scientist Programme organised by the Indian Space Research Organisation (ISRO).
b. An initiative organised under the Atal Innovation Mission (AIM) to promote innovation and entrepreneurship among students.
c. First Indian student satellite launched by ISRO.
d. A programme organised by the Ministry of Women and Child Development for encouraging Women in Science, Technology, Engineering, and Mathematics (STEM) fields.

See
Answer

Answer: a

Explanation:

ISRO has launched a special programme for school children called Yuva Vigyani Karyakram or Young Scientist Programme. The programme aims at imparting basic knowledge on space technology, space science and space applications to the younger ones with the intent of arousing their interest in the emerging areas of space activities. 

I. UPSC Mains Practice Questions

  1. The continued resistance from the judiciary to making itself transparent in a meaningful manner will have an eroding effect on its legitimacy. Explain the statement with reference to accessing judicial information under the RTI. (15 marks, 250 words)
  2. Despite various initiatives taken by the Election Commission of India, the electoral politics suffers from ‘voter bribing’ and ‘hate speeches’. Suggest measures to overcome the issue. (15 marks, 250 words)

12th March 2020 CNA:- Download PDF Here

Read previous CNA here.

 

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