05 Nov 2020: UPSC Exam Comprehensive News Analysis

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

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.

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
  • 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.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements with respect to the District Development Council:
  1. The Sixth Schedule of the Constitution of India allows for the formation of the District Development Council (DDC).
  2. The term of the DDC will be five years.
  3. The members of the DDC will be selected through direct elections.

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

  1. 1 and 2 only
  2. 1, 2 and 3
  3. 2 and 3 only
  4. 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-
  1. Ministry of External Affairs
  2. Ministry of Home affairs
  3. Ministry of Housing and Urban Affairs
  4. 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:
  1. Financial Inclusion
  2. Reforms in Criminal Law
  3. Centre-state relations
  4. 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?
  1. Maharashtra
  2. Tamil Nadu
  3. Telangana
  4. Kerala
  5. Himachal Pradesh

Choose the correct option:

  1. 1, 2 and 4 only
  2. 1, 4 and 5 only
  3. 1, 2, 3 and 4 only
  4. 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

  1. 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)
  2. 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)

Read the previous CNA here.

5 Nov 2020 CNA:- Download PDF Here

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