CNA 25 March 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Disqualification of an MP C. GS 3 Related SECURITY 1. Supreme Court on banned outfits D. GS 4 Related E. Editorials INDIAN CONSTITUTION AND POLITY 1. A chilling remark and the ‘price to pay’ F. Prelims Facts 1. Pradhan Mantri Ujjwala Yojana (PMUY) 2. Securities Transaction Tax 3. GST Appellate Tribunal 4. Tamil Sangamams G. Tidbits H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Syllabus: Salient Features of Representation of People’s Act
Mains: Various grounds for disqualification of the Parliament members.
Context: Disqualification of Rahul Gandhi from the Lok Sabha.
Key Details:
- Rahul Gandhi, Member of Parliament from the Wayanad constituency in Kerala, was disqualified from the Lok Sabha, following his conviction in a 2019 criminal defamation case by a Surat court.
- As per the notice issued by Lok Sabha Secretariat, he stood disqualified from the House from March 23, the day of his conviction in terms of the provisions of Article 102 (1)(e) of the Constitution of India read with Section 8 of the Representation of People Act, 1951.
- Unless the conviction is stayed by a higher court, Mr. Gandhi will be barred from contesting elections for the next eight years.
- Rahul Gandhi is not the first politician to be disqualified after a conviction. Many others, including Mohammad Faizal, J. Jayalalithaa, Lalu Prasad Yadav, Kamal Kishore Bhagat, and Asha Rani, have also been disqualified in the past.
Read more on Rahul Gandhi’s conviction and disqualification.
C. GS 3 Related
1. Supreme Court on banned outfits
Syllabus: Role of External State & Non-State Actors in Creating Challenges to Internal Security
Mains: Evolution of UAPA and its impact on Fundamental Rights
Context: Supreme Court verdict on membership in a banned organisation under UAPA.
Introduction:
- A three-judge Bench of the Supreme Court on March 24, 2023, clarified that mere membership of an unlawful outfit is an offence under the Unlawful Activities (Prevention) Act (UAPA).
- With this judgement, the Supreme Court has set aside a series of its own judgments which had concluded that “mere membership” — unlike “active membership” — of an unlawful association or organisation did not make a person criminal or a terrorist.
- The court was examining three of its judgments delivered in 2011 — State of Kerala vs Raneef; Arup Bhuyan vs Union of India; and Indra Das vs State of Assam.
- On February 3, 2011, the court acquitted suspected ULFA member Arup Bhuyan, who was held guilty by a TADA court on the basis of his alleged confessional statement, and said mere membership of a banned organisation will not make a person a criminal. Similar views were taken by the court in the two other verdicts.
- The Union government and Assam had appealed against the ruling in the Arup Bhuyan case, following which a two-judge bench referred the matter to a larger bench in 2014.
Supreme Court judgement:
- The Supreme Court clarified that a person who “is or continues to be” even a “mere member” of a banned organisation is liable to be found criminally liable under the UAPA for acting against the sovereignty and integrity of India.
- The judgement referred to Section 10(a)(i) of the UAPA which deals with membership in an unlawful association.
- The provision says that “where an association is declared unlawful by a notification issued under Section 3 which has become effective under sub-section (3) of that section, —(a) a person, who — (i) is and continues to be a member of such association shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine”.
- Under Section 3 of the UAPA, the Union government must openly notify the public when an organisation or association has been declared unlawful. The court reasoned that this logically implies that every member of the organisation would be aware of the ban.
- But a person choosing to continue as a member despite knowing about the ban is acting against the sovereignty of the nation, the court noted.
- The court also clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA.
Also read: Important Supreme Court Judgements
Reasonable restrictions of Fundamental Rights:
- The court referred to Article 19(4), which mandated that the citizens’ right to form unions or associations was subject to the power of the state to make laws to impose “reasonable restrictions” in the interests of the sovereignty and integrity of India or public order or morality.
- The Bench also disagreed with the previous benches relying on certain decisions of the US Supreme Court and pointed out that there are differences in the laws of the two countries.
- Unlike the US, the right to freedom of speech in India is not an absolute right and is subject to reasonable restrictions, and the Constitution permits Parliament to frame the laws taking into consideration the public order and/or the sovereignty of India.
Read more on the Right to Freedom
Nut Graf: In a significant judgement, the Supreme Court has clarified that being a mere member of an unlawful outfit is an offence under the Unlawful Activities (Prevention) Act. The court also emphasised that citizens’ right to form unions is subject to “reasonable restrictions” in the interest of public order or the sovereignty and integrity of India.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: INDIAN CONSTITUTION AND POLITY
1. A chilling remark and the ‘price to pay’
Syllabus: GS-2, Functioning of Executive and Judiciary and associated concerns.
Mains: Freedom of Speech and Expression and associated concerns.
Prelims: Freedom of Speech and Expression
Context: The defamatory statements of a Minister against some retired judges.
Details:
- India’s Law Minister has harshly described some retired judges as “anti-India” elements and also made comments that can be perceived as intimidatory.
- It is not just intimidatory in tone but also highlights the flawed understanding of the concept.
- It is said that statement is defamatory and is a cause of concern for Indian polity.
Critical analysis of the matter:
- It should be noted that judges who demit judicial office continue to be citizens of India.
- They have the right to free speech and expression and thus the act of questioning the “state policies” should not be termed as “anti-national”.
- The government should instead justify its measures and take the advice offered.
- Notably, the remarks of the minister will not have much impact on the courageous ones but will definitely affect the rest of the citizens.
- Consequently, there would be a fear of having to “pay the price”.
- This might have a deleterious effect on the nation and the action of the state might go unchecked.
- In Whitney vs California case (a century ago), Justice Louis D. Brandeis highlighted that:
- Those who won independence of nations valued liberty both as an end and as means.
- They strongly believed liberty to be the secret of happiness and courage to be the secret of liberty.
- The freedom to think and speak out is indispensable for the discovery and spread of political truth.
- Many leading jurists have also time and again talked about not only free speech but also freedom after speech.
- On November 2022, the President of India, Smt. Droupadi Murmu raised the issue of the plight of undertrials in India. The speech moved the court, jail authorities, and the National Legal Services Authority. This shows the power of freedom of speech.
Also read: Government Employees & Right To Free Speech: RSTV – Big Picture
Conclusion:
- It is important to address this issue because India’s constitutional ethos might get damaged.
- Moreover, in India, silence should not be forced either by law or any authority.
Also read: Sansad TV Perspective: Safeguarding Democratic Values
Nut Graf:
The remarks by the Minister of Law and Justice on some retired judges have raised concerns about the right to free speech in the country. The state should proactively address these concerns and ensure that the fundamental rights of citizens will be protected.
F. Prelims Facts
1. Pradhan Mantri Ujjwala Yojana (PMUY)
Syllabus: GS02-Governance
Prelims: Important government schemes; Subsidies
Context: Government extends ₹200 subsidy under PMUY by a year.
Key Details:
- The Cabinet Committee on Economic Affairs, chaired by Prime Minister Narendra Modi, has approved a subsidy of Rs.200 per 14.2 kg cylinder for up to 12 refills per year to be provided to the beneficiaries of Pradhan Mantri Ujjwala Yojana (PMUY).
- As on 1st March 2023, there are 9.59 crore PMUY beneficiaries.
- This is done in the wake of high prices of petroleum products in the international market.
- The total expenditure will be Rs.6,100 crore for the financial year 2022-23 and Rs.7,680 crore for 2023-24.
- The subsidy is credited directly to the bank accounts of the eligible beneficiaries.
- The average LPG consumption of PMUY consumers has increased by 20 percent from 3.01 refills in 2019-20 to 3.68 in 2021-22. All PMUY beneficiaries are eligible for this targeted subsidy.
Syllabus: GS03-Economy
Prelims: Taxation system in India
Context: Securities Transaction Tax on derivatives
Key Details:
- The Union government has raised the Securities Transaction Tax (STT) on futures and options contracts in the stock market by 25% from April 1, 2023.
- In the Finance Bill 2023, passed by the Lok Sabha on March 24, 2023, the Securities Transaction Tax (STT) on options is proposed to be increased to 0.0625 percent from 0.05 per cent and on futures contracts to 0.0125 from 0.01 per cent.
- The main objective of the government is to shore up its revenue and at the same time to curb excessive speculation in this segment of the market since the move will increase the cost of trading.
- Analysts opined that higher STT will shore up the government’s revenues to some extent and also discourage excessive trading since a large number of retail traders are losing money in the segment.
- This move may also push some traders to offshore markets that do not attract such taxes for participants who have access to them.
Syllabus: GS03-Economy
Prelims: Good and Services Tax
Context: Lok Sabha approves setting up of GST Appellate Tribunal
Key Details:
- The Lok Sabha passed Finance Bill, 2023 with 64 amendments, including one that seeks to set up the GST Appellate Tribunal (GSTAT).
- Currently, taxpayers are filing writ petitions before high courts in the absence of an appellate tribunal.
- The amended Finance Bill, 2023 proposed the substitution of section 109 of the Central GST Act in order to facilitate the creation of the GSTAT and its benches.
- As per the amendment, benches of the GST Appellate Tribunal would be set up in every State while there will be a principal bench in Delhi which will hear appeals related to ‘place of supply.’
- The tribunals are expected to lower the burden on high courts, Supreme Court and provide taxpayers reprieve.
Read more on Tribunals in India.
Syllabus: GS01-Ancient History
Prelims: Sangam Age; Mahmud Ghazni
Context: Government to organise Tamil Sangamams in Saurashtra and Uttarakhand.
Key Details:
- The Union government is set to hold the Saurashtra-Tamil Sangamam in Gujarat from April 17 to 26 similar to Kashi-Tamil Sangamam under the Ek Bharat Shreshtha Bharat initiative.
- The Sangamam would celebrate the cultural links between Gujarat and Tamil Nadu that have been formed due to the large Saurashtra Tamil community.
- The 10-day event would be held in four different places, i.e., Somnath, Dwarka, Rajkot and the Statue of Unity at Kevadia.
- It is planned by the National Institute of Technology, Tiruchirappalli, and Saurashtra University in Rajkot.
- The third will be the Kedarnath-Tamil Sangamam, which will celebrate the civilisational links between people from southern states and the sacred shrines of Uttarakhand in the north.
- The event is at an ideation stage, and work is underway to conceptualise the links between the two places.
Gujarat-South Connection:
- Originally from the Gujarat region, the Saurashtrian community now mostly resides in the southern states of Tamil Nadu, Andhra Pradesh, and Karnataka.
- A significant Saurashtrian community lives in the Madurai region of Tamil Nadu.
- Their migration to the southern parts of the country is believed to be primarily a result of the desecration of the Somnath Temple, their religious centre, by Mahmud Ghazni in 1024.
Kedarnath-South Connection:
- Kedarnath, one of the four sacred shrines of Shiva among the Char Dham (four shrines), situated on the banks of Mandakini, 3,583 metres above sea level, is the eleventh out of 12 jyotirlingas (shrines dedicated to Shiva) of India.
- The Char Dham also comprises Badrinath, Gangotri, and Yamunotri temples.
- Every year thousands of people from Tamil Nadu and other southern States, including Karnataka and Kerala, visit Kedarnath.
- The priests of Kedarnath were chosen by the Rawals, who belonged to Karnataka’s Veerashaiva Lingayat community.
- Apart from Kedarnath, people from the south also visit the Badrinath shrine in large numbers, to perform Pind Daan and Tarpan (part of the last rites in Hinduism), at the Brahm Kapal temple situated in Badrinath.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements: (Level-Difficult)
- The Polluter Pays Principle (PPP) was first recommended by the European Union in 1972.
- Maharashtra and Kerala have three wetlands which are deemed to be of “international importance” under the Ramsar Convention.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both
- None
CHECK ANSWERS:-
Answer: b
Explanation:
- Statement 01 is incorrect, The Polluter-Pays Principle (PPP) was adopted by OECD in 1972 as an economic principle for allocating the costs of pollution control.
- Statement 02 is correct, Maharashtra and Kerala have three wetlands which are deemed to be of “international importance” under the Ramsar Convention.
- Kerala – Ashtamudi Wetland; Vembanad-Kol Wetland; Sasthamkotta Lake.
- Maharashtra – Nandur Madhameshwar; Thane Creek; Lonar Lake.
Q2. With respect to Parole, which of the following statements is/are correct? (Level-Difficult)
- It is the right of the prisoner.
- The sentence of the convict goes along with the parole period.
- It can be granted a number of times.
Options:
- 1 only
- 2 and 3 only
- 3 only
- None
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 01 is incorrect, Parole is a system of releasing a prisoner with the suspension of the sentence. The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. Parole is not a right.
- Statement 02 is incorrect, The sentence of the convict goes along with the furlough period. However, in the case of parole, the days of leave are not included in the sentence period.
- Furlough is given in cases of long-term imprisonment. Unlike parole, furlough is seen as a matter of right for a prisoner.
- Statement 03 is correct, Parole can be granted a number of times and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
Q3. Which of the following statements is/are correct? (Level-Medium)
- No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the Secretary, Ministry of Environment, Forest & Climate Change.
- Project Tiger is a tiger conservation programme launched by the Government of India during Prime Minister Indira Gandhi’s tenure.
- It is a Centrally Sponsored Scheme of the Ministry of Environment.
Options:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: b
Explanation:
- Statement 01 is incorrect, No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life.
- Statement 02 is correct, Project Tiger was launched in November 1973 by the Government of India during Prime Minister Indira Gandhi’s tenure.
- Statement 03 is correct, Project Tiger is an ongoing Centrally Sponsored Scheme of the Ministry of Environment, Forests and Climate Change providing central assistance to the tiger States for tiger conservation in designated tiger reserves.
Q4. With respect to the Abel Prize, which of the following statements is/are correct? (Level-Difficult)
- The Abel Prize is awarded annually to an outstanding international mathematician.
- It is administered by the Norwegian Academy of Science and Letters on behalf of the Norwegian government.
Options:
- 1 only
- 2 only
- Both
- None
CHECK ANSWERS:-
Answer: c
Explanation: The Abel Prize is awarded every year to facilitate outstanding mathematicians. It is named after Niels Henrik Abel who is considered Norway’s greatest mathematician. It was established by the Norwegian Parliament in 2002, on the occasion of the 200th birth anniversary of Niels Henrik Abel.
The Abel Prize is given by the Norwegian Academy of Science and Letters, on behalf of the Ministry of Education of the Norwegian Parliament.
Q5. On which one of the following rivers is the Tehri Hydropower Complex located? (CSE-PYQ-2008) (Level-Difficult)
- Alaknanda
- Bhagirathi
- Dhauliganga
- Mandakini
CHECK ANSWERS:-
Answer: b
Explanation: Tehri Dam is a multi-purpose rock and earth-fill embankment dam on the Bhagirathi River in Uttarakhand.
I. UPSC Mains Practice Questions
- How are the members of parliament disqualified in India? Explain with reference to the Lily Thomas case of 2013. (GS-2; Polity) (250 words; 15 marks)
- The doctrine of separation of powers is at the bedrock of India’s democracy. Elaborate with reference to the ongoing tussle between the government and the judiciary. (GS-2; Polity) (250 words; 15 marks)
Read the previous CNA here.
CNA 25 March 2023:- Download PDF Here
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