5 Nov 2020 CNA:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY AND GOVERNANCE 1. SC lays down guidelines for matrimonial cases 2. ‘It is in public interest to set up courts to try lawmakers’ 3. Govt. forms panel to review TRP norms 4. Kerala, too, withdraws general consent to CBI C. GS 3 Related ECONOMY 1. Oct. services sector PMI signals first expansion since February ENVIRONMENT AND ECOLOGY 1. U.S. formally exits Paris pact on curbing climate change D. GS 4 Related E. Editorials ECONOMY 1. Fixing the rules of the economy POLITY AND GOVERNANCE 1. The financial capacity of States is being weakened 2. Star status F. Prelims Facts G. Tidbits 1. Indian-American Democrats re-elected H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
Category: POLITY AND GOVERNANCE
1. SC lays down guidelines for matrimonial cases
Context:
The Supreme Court has held that deserted wives and children are entitled to alimony/maintenance from their husbands from the date they apply for it in a court of law.
Details:
- The judgement laid down uniform and comprehensive guidelines for family courts, magistrates and lower courts to follow while hearing applications filed by women seeking maintenance from their estranged husbands.
- The plea of the husband that he does not possess any source of income by the very fact does not spare him of his moral duty to maintain his wife, if he is able-bodied and has educational qualifications.
- Both the applicant wife and the respondent husband have to disclose their assets and liabilities in a maintenance case.
- Factors such as “spiralling inflation rates and high costs of living” should be considered while calculating the alimony.
- Any violation would lead to punishment, such as civil detention and even attachment of the property of the latter.
What was the need for the guidelines?
- Women deserted by husbands are often left in difficult situations or are reduced to destitution for lack of means to sustain themselves and their children.
- One of the judges reasoned that if maintenance was not paid from the date of application, the party seeking maintenance would be deprived of sustenance, owing to the time taken for disposal of the application, which often runs into several years.
- That the maintenance must be granted from the date when the application was made is based on the rationale that the primary object of maintenance laws is to protect a deserted wife and dependent children from destitution.
2. ‘It is in public interest to set up courts to try lawmakers’
Context:
A three-judge Bench of the Supreme Court said that the court has only public interest and faith in the judiciary in mind while pushing for the setting up of special courts to expeditiously try sitting and former MPs and MLAs accused of various crimes.
Background:
- There are a staggering 4,442 cases currently pending against sitting and former MPs and MLAs mostly under the Prevention of Corruption Act and Prevention of Money Laundering Act.
- Nearly 413 of the above cases pertain to offences punishable with life imprisonment, out of which 174 cases are against sitting MPs and MLAs.
- In this backdrop, the Supreme Court, in an order had directed fast-tracking of appeals filed in High Courts by such sitting and former MPs and MLAs facing criminal charges (in most cases where they have obtained a stay from the HCs) within two months.
- The SC had also ordered political parties to publish the entire criminal history of their candidates for the Assembly and Lok Sabha elections along with the reasons that provoked them to field suspected criminals over decent people.
- Also, in 2017, the Supreme Court had issued an order authorising the Centre to set up 12 special courts to exclusively try criminal politicians.
Read more on Criminalisation of Politics covered in 10th July 2020 Comprehensive News Analysis.
Details:
- A committee of the Madras High Court had raised reservations over the setting up of special courts to exclusively try legislators for various offences.
- The committee said that special courts cannot be offender-centric.
- It reasoned, “An MP/MLA, who commits an offence under POCSO Act (or other Special Acts like Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act) can only be tried by a Special Court created under the POCSO Act (PC Act, NDPS Act) and there cannot be another Special Court exclusively for trial of an MP/MLA, who commits POCSO offence.”
3. Govt. forms panel to review TRP norms
Context:
Ministry of Information and Broadcasting has constituted a committee to review “Guidelines on Television Rating Agencies in India”.
Background:
- The committee has been constituted in the backdrop of the Mumbai police investigations which revealed that a few news channels had tampered with the ratings.
- Another reason for having constituted the committee is to have a fresh look keeping in view of the recent recommendations of TRAI, technological advancements and for further strengthening of the procedures for a credible and transparent rating system.
This topic has been covered in 9th October 2020 Comprehensive News Analysis.
Details:
- The four-member committee will review the guidelines on television rating agencies notified by the Ministry in 2014.
- The committee is headed by Shashi Shekhar Vempati, CEO of Prasar Bharati.
Terms of Reference for the Committee:
- Study past recommendations made by various forums on the subject of television rating systems in India and matters incidental thereto;
- Study recent recommendations of Telecom Regulatory Authority on the subject;
- Suggest steps for enhancing competition in the sector;
- Review of the presently notified guidelines to see if the intended purpose(s) of issuing the guidelines have stood the test of time and has met the needs of various stakeholders involved. The lacunae, if any, shall be specially addressed by the Committee;
- To make recommendations on way forward for a robust, transparent and accountable rating system in India.
4. Kerala, too, withdraws general consent to CBI
Context:
A meeting of the Cabinet decided to withdraw the general consent accorded to the Central Bureau of Investigation (CBI) to operate in Kerala.
Details:
- It would curb the agency’s operational independence in the State.
- Now, the CBI can probe local cases or chargesheet suspects only with the permission of the State administration.
Concerns:
- The government had already issued a challenge to the Centre by legally challenging the decision of the CBI to investigate LIFE Mission officials on the charge of violating the Foreign Contribution (Regulation) Act.
- It had also denied the CBI permission to chargesheet officials of the Kerala State Cashew Development Corporation on the charge of corruption in the procurement of raw nuts during the United Democratic Front government.
- The controversial decision is likely to further strain the government’s fraught relationship with the Centre.
What is General Consent?
- The CBI is governed by the Delhi Special Police Establishment Act that makes consent of a state government mandatory for conducting an investigation in that state.
- The general consent is routinely given by State governments for periods ranging from six months to a year to the CBI and all agencies under the Delhi Special Police Establishment (DSPE) Act, 1946.
- The consent is necessary as the jurisdiction of these agencies is confined to Delhi and Union Territories under this Act.
- There are two kinds of consent: case-specific and general. Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.
- “General consent” is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. Otherwise, the CBI would require consent in every case.
- Other states such as West Bengal, Andhra Pradesh, Rajasthan and Maharashtra have also withdrawn consent to the CBI to operate freely in their respective jurisdictions.
Does withdrawal of General Consent mean that the CBI can no longer probe any case in the state?
- Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of such states.
- The CBI would still have the power to investigate old cases registered when general consent existed.
- Also, cases registered anywhere else in the country, but involving people stationed in a state that has withdrawn general consent, would allow CBI’s jurisdiction to extend to these states.
- There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government.
- However, there are legal remedies to that as well. The CBI can always get a search warrant from a local court in the state and conduct searches.
- In case the search requires a surprise element, there is CrPC Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf.
- And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving a notice to the latter.
C. GS 3 Related
1. Oct. services sector PMI signals first expansion since February
Context:
According to a monthly survey, Indian services sector activity registered growth in October 2020 supported by improved market conditions amid easing COVID-19 restrictions.
Details:
- Services companies reported an increase in new work intakes, which they attributed to successful marketing efforts and strengthening demand.
- On the job front, there was another monthly decline in employment.
- India Services Business Activity Index posted above 50.0 – the no-change mark for the first time since February.
- A score above 50 means expansion as per the IHS Markit India Services Purchasing Managers’ Index (PMI).
This topic has been covered in 3rd November 2020 Comprehensive News Analysis.
Category: ENVIRONMENT AND ECOLOGY
1. U.S. formally exits Paris pact on curbing climate change
Context:
The United States formally exited the Paris Agreement.
- Paris Agreement is a global pact forged in 2016 to avert the threat of catastrophic climate change.
- It is a multilateral agreement within the United Nations Framework Convention on Climate Change (UNFCCC); signed to reduce, mitigate greenhouse-gas-emissions.
- It aims to keep the increase in average temperatures worldwide well below 2 degrees Celsius, ideally no more than 1.5 °C, compared to pre-industrial levels.
- The Paris accord requires countries to set their own voluntary targets for reducing greenhouse gases such as carbon dioxide.
Read more about the Paris Agreement.
Background:
- The U.S. is the world’s second-biggest emitter after China of heat-trapping gases such as carbon dioxide and its contribution to cutting emissions is seen as important, but it is not alone in the effort.
- In 2017, the United States announced its decision to withdraw from the Paris Agreement.
Read more about this topic covered in 6th November 2019 Comprehensive News Analysis.
Note:
While in 2017, the US President Donald Trump announced the withdrawal of the United States from the Paris Agreement terming the Paris accord very unfair at the highest level to the United States, Democratic presidential candidate (2020) Joe Biden has said he favours signing the U.S. back up to the Paris accord.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Fixing the rules of the economy
Context:
- The article evaluates the current economic policies in India and argues for a change keeping in view both the short and long term needs of the Indian economy.
Background:
Income inequality:
- Income inequality is a critical issue plaguing the Indian economy. The prevalent trend indicates that income inequality in India is rising independent of absolute incomes.
- Income inequality is how unevenly income is distributed throughout a population. The less equal the distribution, the higher the income inequality is.
- Incomes of people in the lower half of the income pyramid are too low. India’s richest 1 per cent hold more than four-times the wealth held by 953 million people who make up for the bottom 70 per cent of the country’s population.
Gini Coefficient:
- The Gini coefficient is indicative of income inequality in India. It is a statistical measure to gauge the rich-poor income or wealth divide.
- The Gini Coefficient for India is estimated to be close to 0.50, which would be an all-time high.
- Its value varies between zero to 1, zero indicating perfect equality and one indicating the perfect inequality.
- A Gini figure below 0.40 is generally considered to be within tolerable limits by economic experts.
- A general rise in the Gini Coefficient indicates that government policies are not inclusive and may be benefiting the rich as much as (or even more than) the poor.
Consequences of income inequality:
Concentration of power:
- The power to influence policymaking has become concentrated with wealthy investors and large multinational corporations. The rules do not favour workers and tiny enterprises because they have too little power. This does not augur well for the development process of the large population which make up the labour class and the tiny enterprises.
Economic inefficiency:
- The growing inequality is not good for the economic growth of the country.
- The lower disposable income among the large population does not augur well for demand in the economy which in turn has a vicious impact on investment decisions and economic growth.
- The inequitable economic growth is not sustainable.
Economic policies being propounded in India:
- There has been a growing emphasis on freeing up markets, improving productivity, and applying technology.
Details:
- The article calls for a re-examination of the fundamental economic policies being propounded.
Freeing up markets:
- There has been a growing emphasis on liberalizing the economy through measures such as freeing up the markets for agricultural products to ensure higher price realization for the farmers or deregulation of labour laws to attract investments.
Concerns:
- The freeing up markets for labour is expected to reduce the burden of wage costs on investors.
- This would have a degrading effect on the income of the labour class just when wages and the size of markets must be increased to counter the economic downturn. Without adequate incomes, people cannot be a good market for businesses. In fact, it is the inadequate growth of incomes that has caused a slump in investments due to poor expectations of demand.
Improving productivity:
- Improvement of ‘productivity’ is considered a key aspect of economic progress.
- Productivity measures the efficiency of production. Productivity is expressed as the ratio of the aggregate output to the aggregate input i.e. output per unit of input, typically over a specific period of time. The larger the output that is produced with a unit of input, the higher the productivity of the system.
- Economists generally use labour productivity as a universal measure of the productivity of an economy.
- The number of people in the system (the country/the economy) is the denominator, and the gross domestic product the people produce is the numerator. Companies also measure their labour productivity similarly, by dividing the total output of the enterprise by the number of workers employed.
Strategies for increasing productivity:
- Labour productivity can be increased by either increasing the total output of the factory while maintaining the number of workers or by decreasing the number of workers involved in the production.
- The total output can be increased by adding more machines and technology to supplement the capacity of workers to increase total output. This is a good strategy for capital-rich enterprises and countries.
- The total output can also be increased by enhancing the workers’ skills and create a culture of continuous improvement in the factory, whereby workers and managers cooperate to improve the capability of their system to produce more from limited resources. This is the strategy of ‘total quality management’, famously employed in Japanese companies to reduce their costs of production and to improve the quality of their products. This contributed to the improvement of the total productivity of their enterprises.
Concerns:
- The companies seem to be taking the easy way out to improve productivity in the economy.
- There seems to be the growing reliance on reducing the workforce and squeezing out the maximum work possible from this limited workforce to increase productivity.
- This has given rise to a ‘hire and fire’ strategy in companies. This goes against the labour welfare principle and could prove detrimental to the labour class.
Technology-led growth:
- There is a growing emphasis on inducting high-end technology for economic growth. This is evident in the recent push for technologies like Artificial Intelligence, Internet of Things, etc.
Concerns:
- The very idea of defining the level of technology in terms of ‘equipment cost per work-place’ may be inappropriate.
- For capital-scarce and human resource-abundant countries, such as many developing countries, such a policy may be inappropriate.
- The current attempt of the ‘developing’ countries, supported by foreign aid, to infiltrate capital intensive technology into their economies inevitably kills off the low-cost indigenous technology at an alarming rate, destroying traditional workplaces at a much faster rate than modern workplaces can be created and producing the ‘dual economy’ with its attendant issues of mass unemployment and mass migration.
Way forward:
Following the social contract principle:
- A good job implies a contract between workers and society. Workers provide the economy with the products and services it needs. In return, society and the economy must create conditions whereby workers are treated with dignity and can earn adequate incomes. Good jobs require good contracts between workers and their employers.
- The government should, apart from ensuring ideal conditions for the investors, also ensure a protective cover for the workers. This would require it to regulate contracts between employers and employees.
Empowering the most vulnerable:
- Small enterprises and workers must combine into larger associations, in new forms, using technology, to tilt reforms towards their needs and their rights.
Employment promoting policies:
- The economic reforms should incentivize the firms to employ more numbers of less-skilled workers.
Category: POLITY AND GOVERNANCE
1. The financial capacity of States is being weakened
Context:
- The article discusses the decreasing financial capacity of the states; the causative factors and its consequences.
Causative factors:
Declining actual devolution:
- There has been a notable shortfall in actual and recommended devolutions given by the Finance Commission.
- In the year 2014-15, the actual devolution was 14% less than the Finance Commission’s projection. Subsequent devolutions have been consistently less every year, with the period 2019-20 resulting in a 37% decrease.
- Finance Commissions recommend the share of States in the taxes raised by the Union government. Their recommendations are normally adhered to. But the current Union Government has discarded this constitutional obligation.
Shrinking divisible pool:
- The Union government has resorted to imposing or increasing cesses and surcharges instead of taxes wherever possible and, in some cases, even replaced taxes with cesses and surcharges.
- Various cesses and surcharges levied by the Union government are retained fully by it. They do not go into the divisible pool. This allows the Centre to raise revenues, yet not share them with the States.
- Between 2014-15 and 2019-20, cesses and surcharges soared from 9.3% to 15% of the gross tax revenue of the Union government.
GST shortfall:
- GST shortfalls have been persistent and growing from the inception of GST.
- Compensation to state revenues has been paid from the GST cess revenue. However, the COVID-19 pandemic induced lockdown has drastically reduced GST collections.
- Of the nearly ₹3 lakh crore GST shortfall to the States, the Centre will only compensate ₹1.8 lakh crore. The States will not get the remaining ₹1.2 lakh crore this year.
Central grants:
- Apart from the streams discussed above, Central grants are also likely to drop significantly this year due to lower than expected revenue collection for the government as well as the increased expenditure on health.
Consequences:
- Due to the combined effect of cutbacks in devolution, the shrinking divisible pool, failure to pay full GST compensation this year and fall in Central grants, the States may experience a fall of 20%-25% in their revenues for the current fiscal year.
Short term impact:
- State governments drive a majority of the country’s development programmes. A large number of people depend on these programmes for their livelihood, development, welfare and security. Any shortfall in the availability of resources may have a negative impact on the state’s ability to deliver on these development programmes.
- There has been increasing consensus on the need for a fiscal stimulus to induce economic recovery. Governments ought to spend money this year to stimulate demand. The reduced spending capability with the states will impede the recovery process as well.
Long term impact:
- Given the huge shortfalls, the States are now forced to resort to large borrowings. Repayment burden will overwhelm State budgets for several years. This would impair the state’s ability to spend on development and welfare activities.
- The decreased investment in development and welfare programmes will have an adverse impact on per capita income, human resource development and poverty thus impairing economic growth potential as well.
Conclusion:
- States are at the forefront of development and growth. Strong states lead to a stronger India.
- Given that the weakening of states serves neither federalism nor national interest, there is the need to guard against any such policies that weaken the states’ status or capabilities.
2. Star status
This issue has been covered previously in the following article:
CNA dated Nov 3, 2020: SC stays EC order revoking ‘star campaigner’ status of Nath
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. Indian-American Democrats re-elected
What’s in News?
All the four Indian-American Democratic lawmakers — Ami Bera, Pramila Jayapal (the first Indian-American woman to be elected to the House of Representatives in 2016), Ro Khanna and Raja Krishnamoorthi — have been re-elected to the U.S. House of Representatives.
- The Indian-American community has emerged as a force to reckon with for the first time in the history of the U.S. presidential election.
- The so-called “Samosa Caucus” comprises five lawmakers — four Representatives, and Senator and Democratic vice-presidential nominee Kamala Harris.
- The term “Samosa caucus” was coined by Mr. Krishnamoorthi for informal grouping of Indian-American lawmakers.
- Both the Democrat and the Republican campaigns had initiated several measures to please the approximately 1.8 million members of the community that has emerged as a critical voting bloc in the battleground states of Florida, Georgia, Michigan, North Carolina, Pennsylvania and Texas.
Note:
The House of Representatives is the lower house of the US Congress, with the Senate being the upper house.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements with respect to the District Development Council:
- The Sixth Schedule of the Constitution of India allows for the formation of the District Development Council (DDC).
- The term of the DDC will be five years.
- The members of the DDC will be selected through direct elections.
Which of the given statement/s is/are correct?
- 1 and 2 only
- 1, 2 and 3
- 2 and 3 only
- None of the above
CHECK ANSWERS:-
Answer: c
Explanation:
- In October 2020, the Centre amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC).
- Each district in the Union Territory will be divided into 14 territorial constituencies.
- The term of the DDC will be five years.
- They will be directly elected by voters in the Union Territory.
- The representatives will, in turn, elect a chairperson and a vice-chairperson from amongst themselves. The councils will replace District Development Boards, which when Jammu and Kashmir was a state, were chaired by a cabinet minister or a minister of state and included MLAs, MLCs and MPs.
- The Sixth Schedule of the Constitution of India allows for the formation of Autonomous District Councils.
Q2. “Nurturing Neighborhoods Challenge” is implemented by the-
- Ministry of External Affairs
- Ministry of Home affairs
- Ministry of Housing and Urban Affairs
- Ministry of Tribal Affairs
CHECK ANSWERS:-
Answer: c
Explanation:
- The Nurturing Neighbourhoods Challenge is an open call to Indian cities to propose and pilot neighbourhood-level improvements in public space, mobility, access to services, and data management to enhance the physical and psychological health of young children and their caregivers.
- The challenge is being implemented by the Union Ministry for Housing and Urban Affairs.
- It will be open for the 100 Smart Cities, cities with a population of more than 5 lakh and State/Union Territory capitals.
Q3. The Vohra Committee report dealt with:
- Financial Inclusion
- Reforms in Criminal Law
- Centre-state relations
- Criminalisation of politics
CHECK ANSWERS:-
Answer: d
Explanation:
The Vohra (Committee) Report was submitted by the former Indian Home Secretary, N. N. Vohra, in October 1993. It studied the problem of the criminalisation of politics and of the nexus among criminals, politicians and bureaucrats in India. The report contained several observations made by official agencies on the criminal network which was virtually running a parallel government.
Q4. Which of the following states in India have a State Butterfly?
- Maharashtra
- Tamil Nadu
- Telangana
- Kerala
- Himachal Pradesh
Choose the correct option:
- 1, 2 and 4 only
- 1, 4 and 5 only
- 1, 2, 3 and 4 only
- 1, 2, 3, 4 and 5
CHECK ANSWERS:-
Answer: a
Explanation:
- Maharashtra was the first state to officially declare Blue Mormon (Papilio polymnestor) as its state butterfly in 2015.
- It was followed by Uttarakhand (Common peacock), Karnataka (Southern Birdwing) and Kerala (Malabar banded peacock also called Papilio buddha).
- In 2019, declaring Tamil Yeoman as the state butterfly, Tamil Nadu became the fifth Indian state to declare its state butterfly.
I. UPSC Mains Practice Questions
- Given that the weakening of States serves neither federalism nor national interest, there is the need to guard against any such policies that weaken the state’s status or capabilities. Comment with respect to the issue of fiscal federalism in India. (10 marks, 150 words) (GS Paper 2/Polity and Governance)
- The growing economic inequality poses serious challenges for India. Comment. Also evaluate the efficacy of the economic policies being propounded to counter this challenge. (15 marks, 250 words)(GS Paper 3/Economy)
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5 Nov 2020 CNA:- Download PDF Here
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