11 Nov 2023 CNA
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TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Governors cannot sit on Bills passed by House: SC C. GS 3 Related ENVIRONMENT 1. Stubble trouble D. GS 4 Related E. Editorials GOVERNANCE 1. Revamping the criminal justice system to fit the bill INTERNATIONAL RELATIONS 1. The U.S.’s signal of a huge digital shift F. Prelims Facts 1. Vibrant village program G. Tidbits H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Governors cannot sit on Bills passed by House: SC
Syllabus: Indian Constitution, Issues and challenges related to the Federal Structure
Prelims: Powers of Governors
Mains: Role of governors in passing bills
Context: The Supreme Court, in response to a writ petition by the Punjab government, has clarified that a Governor in a parliamentary democracy does not possess the authority to withhold assent to key Bills passed by a State Legislature. This ruling emphasizes the paramount role of elected representatives in governance.
Background:
- The Punjab government complained that Governor Banwarilal Purohit had held back crucial Bills on Sikh gurdwaras, police, and higher education.
- The Governor cited doubts about the validity of the Assembly session in which these Bills were passed.
Significance:
- The Supreme Court asserted that real power lies with elected representatives in a parliamentary democracy.
- Emphasized the role of the Governor as a constitutional statesman, guiding the government on constitutional matters.
- The court warned the Governor against withholding Bills and directed him to make a decision on the pending Bills presented for assent.
- Clarified that the Governor’s power is limited to acting on the aid and advice of the Council of Ministers, except in areas where the Constitution allows discretion.
Recommendations on the Governor’s right to withhold assent
- SC’s Stance: The Supreme Court’s judgement in Nabam Rebia and Bamang Felix vs Dy. Speaker clarified that the Governor’s discretion under Article 200 is limited to deciding whether a bill should be reserved for the President’s consideration. Therefore, withholding assent to a bill indefinitely is unconstitutional, and a Governor’s action or inaction in this regard can be subject to judicial review.
- Punchhi Commission (2010): It recommended that it is necessary to prescribe a time limit within which the Governor should make the decision whether to grant assent or to reserve it for consideration of the President.
- National Commission to Review the Working of the Constitution (NCRWC): It laid down a time limit of four months within which the Governor should take a decision whether to grant assent or reserve it for the consideration of the President.
Conclusion:
- The court affirmed the right of each legislative house to be the sole judge of the lawfulness of its proceedings, making it constitutionally impermissible for the Governor to question the Speaker’s decisions.
- Reiterated that the Governor can assent to Bills, withhold assent with a message for reconsideration, or refer them to the President.
Nut Graf: This Supreme Court ruling clarifies the constitutional limits of a Governor’s powers, emphasizing the supremacy of elected representatives in shaping legislation. It reaffirms the principles of parliamentary democracy and the distinct roles of the Governor and the legislative Speaker.
C. GS 3 Related
Syllabus: Conservation, Environmental pollution and degradation
Prelims: Stubble trouble
Mains: Issues of Stubble burning
Context: Air pollution has been linked to lung cancer, stroke, heart attack, and many other diseases. About 1.67 million Indians died prematurely in 2019 alone due to air pollution, accounting for 18% of all fatalities.
Details:
- India ranks eighth in the list of countries with the worst air quality index, according to the Annual World Air Quality Report released by Swiss air quality technology company, IQAir, in early 2023. But poor air is not just a Delhi problem. Every year, especially during winter, air pollution spikes in the entire Indo-Gangetic Plain.
- Pollution spikes when pollutants from different sources are not dispersed easily in winter because of a drop in wind speed and temperature. Vehicle and diesel generator exhaust, heavy industry emissions, soil and road dust, open waste burning, and biomass burning are all present in the atmosphere throughout the year.
- In winter they get accumulated, amplifying the effects of the pollutants compared to summer. The pollution from stubble burning, a practice of removing paddy crop residue from fields to sow wheat, which happens in October-November, makes the situation worse.
- Paddy stubble burning, a politically sensitive issue, takes place only during the harvest period of September 15-November 30.
Fewer stubble burning incidents
- The good news is that the number of stubble-burning incidents in the region is falling, according to the Indian Agricultural Research Institute.
- Stubble burning is a significant factor, though not solely responsible for the spike in pollution. Paddy, which is harvested with combine harvester machines, leaves behind a stubble on the field.
- Many farmers find burning the crop residue to be the most “effective and cheap” method when they want to prepare their farm to sow wheat. As they have only three weeks between the harvest of paddy and the sowing of wheat, farmers resort to stubble burning.
- For the last few years, the government has been providing crop residue management (CRM) machines, but even on subsidies, they are expensive, especially for small and marginal farmers. They are also not available on time.
Government initiatives
- For the management of crop residue, the Punjab government has been providing subsidies on the purchase of CRM machines, including surface seeders, which are in-situ paddy stubble management devices.
- The state government has mandated that brick kilns use stubble as fuel and that other plants buy stubble from farmers.
- To curb the menace of stubble burning, PPCB has been promoting paddy straw as a resource to create wealth.
Why do farmers opt for stubble burning?
- Mechanisation of Agriculture
- Lack of Awareness: Farmers are not realising that they are burning the soil-friendly insects and organic matter, and causing considerable loss of nitrogen, DAP, and Potassium.
- Alternatives are Expensive: To use a ‘happy seeder’ machine, farmers have to shell out Rs.1000 per acre of land as machine rent and a further Rs.2000 for diesel.
- Reduced Usage of Stubble: Rice straw is not considered suitable as fodder for animals because of its high silica content (this is true for the non-basmati variety of rice).
- Government Policies: Some of the policies of the government, for example, Punjab Preservation of Subsoil Water Act of 2009, had the unintentional effect of promoting stubble burning.
Nut Graf: Every year, in October-November, pollution levels spike in north India. While many factors come together to create smog, stubble burning remains a significant one, despite fewer incidents being recorded this year compared to last year.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. Revamping the criminal justice system to fit the bill
Syllabus: GS-2, Government policies and interventions for the development of various sectors
Mains: Provisions of criminal justice bill
Context: The Government’s introduction of three Bills to replace the foundational laws of the criminal justice system – the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA) – raises critical questions regarding their alignment with modern jurisprudence, efficiency in addressing issues, and the incorporation of special laws.
Details:
Modernizing Jurisprudence:
- Exclusion of Civil Law: Examination of whether the new Bills appropriately distinguish between civil and criminal matters, especially concerning issues like maintenance after divorce.
- Reformative vs. Punitive System: Assessment of the Bills’ inclination towards a reformative criminal justice system, considering the introduction of community service as a form of punishment.
- Maintenance of Public Order: Scrutiny of whether provisions related to public order and criminal prosecution should be integrated, as seen in the current structure of the CrPC.
Codification and Consistency:
- Supreme Court Directions: Evaluation of whether the proposed laws codify Supreme Court directives, especially those related to arrests and bail procedures.
- Consistency in Implementation: Examination of the Bills’ efforts to ensure uniformity in implementing penalties for various offences, considering wide sentencing ranges.
Age Provisions and Gender-Related Offences:
- Age Provisions: Analysis of whether the Bills align with modern norms by updating age thresholds for criminal responsibility.
- Gender-Related Offences: Assessment of the Bills in light of recent legal developments, such as the decriminalization of adultery and the removal of Section 377.
Overlap with Special Laws:
- Duplication and Inconsistency: Identification of areas where the Bills overlap with existing special laws, leading to potential duplication and inconsistencies in penalties.
- Addressing Special Laws: Examination of whether the Bills adequately address specific statutes to avoid redundancy and legal conflicts.
Definitions and Drafting:
- Mental Illness Exemption: Analysis of the definition of mental illness and its implications, particularly in cases involving alcohol or drug addiction.
- Obsolete Illustrations: Consideration of the need to update outdated illustrations from daily life within the Bills to reflect contemporary scenarios.
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Conclusion:
- The review should ensure the creation of a fair, just, and efficient criminal justice system, addressing issues of modern jurisprudence, consistency, gender-related offences, overlap with special laws, and precise definitions.
- The ongoing scrutiny by the Parliamentary Standing Committee on Home Affairs offers a crucial opportunity to shape a criminal justice system that reflects contemporary values, legal advancements, and the imperative for fairness and efficiency.
Nut Graf: The Bills, once enacted, will serve as the foundation of the criminal justice system, necessitating thorough examination by Parliament.
Category: INTERNATIONAL RELATIONS
1. The U.S.’s signal of a huge digital shift
Syllabus: GS-2, Effect of policies and politics of developed and developing countries on India’s interests.
Mains: Significance of U.S.’s digital shift
Context: The recent withdrawal by the United States from key digital trade positions at the World Trade Organization (WTO) has profound implications for the future of global digital governance.
Issues in Digital Governance:
- Digital Colonization: The historical approach of the U.S. in pushing digital trade proposals to prevent effective regulation of Big Tech, often perceived as digital colonization.
- Resistance from Developing Countries: Countries like India and South Africa resisting U.S.-led digital trade agreements due to concerns about economic exploitation and uncontrolled Big Tech dominance.
Significance of U.S. Withdrawal:
- Shift in Global Digital Economy: The U.S. withdrawal marks a watershed moment, signalling a shift in how the global digital economy and society will evolve.
- Domestic Policy Space: The stated motive is to allow the U.S. greater domestic policy space to regulate Big Tech and Artificial Intelligence (AI), leveraging data and source code.
China Factor:
- Changing Dynamics: The emergence of China as a digital superpower challenges the once unchallenged digital hegemony of the U.S.
- Security Concerns: The U.S. perceives China’s global digital presence not just as an economic challenge but also as a significant security threat.
Potential Split in Global Digital Space:
- Cold War-Like Exclusions: The U.S. declaration may lead to economic and security-related exclusions, creating competing blocs led by the U.S. and China.
- Regional Digital Trade Deals: The U.S. may still pursue data flow, source code, and facility location provisions in regional digital trade deals limited to its allies.
Implications for Developing Countries:
- Opportunities for Regulation: Developing countries should capitalize on the global consensus for strong digital regulations to manage Big Tech and AI.
- Avoiding Digital Dependencies: Vigilance is required to resist falling into a new trap of a digital Cold War, ensuring independence from entanglements with either the U.S. or China.
Reshaping Digital Regulation Paradigms:
- National Digital Regulation: Developing countries should shape new paradigms for national digital regulation, considering data, source code, and computing facilities.
- Digital Industrial Policies: Combining strong digital industrial policies to boost the domestic digital industry, creating open standards, protocols, and infrastructures for global interoperability.
Why hasn’t India joined the e-commerce initiative?
- Data is the new oil of the 21st century. Data is the heart of the digital revolution.
- It is the key resource which can make or break a country in the digital era as all digital technologies like Big data analytics, artificial intelligence, IoT, Robotics, etc need data for them to become more efficient and intelligent.
- The larger the population of a country, the larger the amount of data generated, and the younger the population the more the data generated.
- India’s 1.3 billion population is bigger than the population of OECD members (36 countries) taken together, with 66% of its population falling in the age group of 15-64 years, which is around 18 percent of the world’s young population.
- This amounts to huge data being generated every second in India, which is extremely valuable for the developed world for making efficient digital products and services in the future.
- This is the root cause for the pressure being applied on India to join the plurilateral e-commerce negotiations.
Some interesting examples
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Conclusion:
- Developing countries must navigate this evolving landscape by leveraging opportunities for strong digital regulations while avoiding digital dependencies, thereby ensuring genuine global interoperability in the digital realm.
Nut Graf: While the U.S. withdrawal signals a positive global acceptance of the need for national policy space in digital regulation, there is a simultaneous concern about the potential division of the global digital space into competing blocs led by the U.S. and China.
F. Prelims Facts
Context: Union Home Minister, addressing the 62nd Raising Day parade of the Indo-Tibetan Border Police (ITBP), announced plans to connect 168 villages along the China border with road and communication infrastructure within a year. Emphasizing the importance of development in border areas for national security, he highlighted the significance of the Vibrant Village Programme (VVP) in ensuring facilities reach these regions.
Issues:
- Lack of connectivity in 168 villages along the China border poses challenges.
- Migration from border villages could compromise national security.
- Development in border areas is crucial for overall safety and security.
Significance:
- Security concerns are addressed by connecting remote border villages.
- VVP is designed to extend facilities and infrastructure to these geographically crucial areas.
- ITBP, as the primary force along the China border, plays a pivotal role in safeguarding national interests.
About Vibrant Village Programme
- It is a centrally sponsored scheme, announced in the Union Budget 2022-23 (to 2025-26) for the development of villages on the northern border, thus improving the quality of life of people living in identified border villages.
- It will cover the border areas of Himachal Pradesh, Uttarakhand, Arunachal Pradesh, Sikkim and Ladakh. It will cover 2,963 villages with 663 of them to be covered in the first phase.
- Vibrant Village Action Plans will be created by the district administration with the help of Gram Panchayats.
- There will not be an overlap with the Border Area Development Programme.
Read more on the Vibrant Villages Programme in the link.
Objectives
- The scheme aids in identifying and developing the economic drivers based on local, natural, human and other resources of the border villages on the northern border.
- Development of growth centres on the ‘hub and spoke model’ through the promotion of social entrepreneurship, and empowerment of youth and women through skill development and entrepreneurship.
- Leveraging the tourism potential through the promotion of local, cultural, and traditional knowledge and heritage.
- Development of sustainable eco-agri businesses on the concept of ‘one village-one product’ through community-based organisations, cooperatives, and NGOs.
G. Tidbits
Nothing here for today!!!
H. UPSC Prelims Practice Questions
Q1. Consider the following:
- Particulate Matter
- Ozone
- Ammonia
- Benzene
- Carbon Monoxide
How many of the above-mentioned are the major air pollutants measured to determine the Air Quality Index (AQI)?
- Only two
- Only three
- Only four
- All five
CHECK ANSWERS:-
Answer: d
Explanation: The AQI is determined by measuring eight major air pollutants which are – Particulate Matter, Ozone, Carbon Monoxide, Nitrogen Dioxide, Sulphur Dioxide, Lead, Ammonia and Benzene.
Q2. With reference to the Mental Healthcare Act, 2017, which of the following statements is/are incorrect?
- The Act aims to provide mental healthcare and prevent discrimination against persons with mental illness.
- “Mental illness” is defined in the Act, excluding mental retardation.
Select the correct answer using the code given below:
- Only 1
- Only 2
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: d
Explanation: The Mental Healthcare Act, 2017 aims to provide mental health care without discrimination. It defines “mental illness” and explicitly excludes mental retardation from this definition.
Q3. With reference to the Vibrant Village Programme (VVP), which of the following statements is/are correct?
- It is a Centrally Sponsored Scheme for the comprehensive development of villages in Indian states sharing borders with other countries.
- The programme aims to create incentives for people to leave the selected villages.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation: The Vibrant Village Programme aims to create incentives for people to stay in the selected villages, not leave.
Q4. Consider the following statements about the Indo-Pacific Economic Framework (IPEF):
- It aims to strengthen economic ties between partner countries in the Indo-Pacific.
- Its negotiations cover areas like supply chains, clean energy, trade, etc.
- All members have signed a free trade agreement under it.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation: IPEF aims to enhance economic partnerships in the Indo-Pacific across areas like supply chain, clean energy, etc. It is not an FTA. Hence statements 1 and 2 are correct while 3 is incorrect.
Q5. With reference to the Governor, which of the following statements is/are incorrect?
- The Constitution provides grounds for the removal of a Governor by the President.
- Article 174 of the Constitution vests the power to summon the State Legislative Assembly solely in the office of the Governor.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation: The grounds for removing the Governor are not specified in the Constitution. SC in 2016 held that the power to summon the House should be exercised with the aid and advice of the Council of Ministers and not on his own.
I. UPSC Mains Practice Questions
- Mumbai, Delhi and Kolkata are the three megacities of the country but air pollution is a more serious problem in Delhi as compared to the other two. Why is this so? (250 words, 15 marks) (General Studies – III, Environment)
- Governors delaying their assent to state bills is in direct contradiction to the idea of cooperative federalism. Comment. (250 words, 15 marks) (General Studies – II, Polity)
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