Explain the structural and functional changes in the Indian family system. (150 Words) (10M) The family is the basic unit of society, Indian family system as a social institution has undergone structural and functional changes because of various reasons such as urbanization and industrialization. Structural and functional changes Smaller family sizes: The traditional large-sized joint familywhich was a socioeconomic unit, has been replaced by small-sized nuclear families. Change in the relationship between man and woman: Women are no longer considered inferior tomen, now they enjoy equal status with men. They are no longer subjected to slavery as in past and have equal participation in all matters Economic independence of women: Women are working shoulder to shoulder with men and working in almost all sectors that were earlier prohibited to them, that provided them economic independence Neo-Local Residence: More young married couples are setting up their residence near their office or working areas, which are mostly away from rural areas. Functional jointless: The married sons who have set up independent households continue to maintain their connections with their joint families in their native places. Some of them continue to full fill theirobligations to their parents and siblings. But the ties between neolocal residents and their native place are growing very weak. Decreased control over Marriage: The Institution of marriage is witnessing drastic changes, bothmen and women are independent to choose their spouse and the involvement of marriage bureaus had led to more diversification in marriages. Exercise of authority: In the traditional family, power and authority was totally vested in the Patriarch. In contemporary families, the authority has shifted from patriarch to parents who consulttheir children on all important issues before taking any decisions about them. Increased freedom of children Children started discussing their problems with their parents. Theydiscuss issues like education, career, and marriage. Which was a rare case earlier Reasons for change in Indian family structure: Legislative measures: Prohibition of early marriage and fixing the minimum age of marriage by the Child Marriage Restraint Act, 1929, and the Hindu Marriage Act, 1955 have lengthened the period of education for women and men giving them time to take the right decision. Influence of western values: Values relating to modern science, rationalism, individualism, equality, free life, democracy, freedom of women, etc. have exerted a tremendous change on the joint family system in India. Industrialization: Industrialization resulted in the migration of rural populations to the urban areas for jobs, which had broken their relationships with the joint family. Thus, modern industries shattered thevery foundation of the joint family system in India. Urbanisation: Urbanisation has emphasized individuality and privacy which encouraged theestablishment of independent family units. Family as a social institution is in the process of constant changes, modern families are also witnessing several changes, like the emergence of same-sex couples, single-parent households, and increasingcases of divorces. Hence, we will witness more structural and functional changes in the family system Poverty entails more than the lack of income and productive resources to ensure sustainable livelihoods. In this context explain how a multi-dimensional approach is necessary to achieve sustainable development goals pertaining to poverty. (150 Words) (10M) According to the United Nations (UN), Poverty entails more than the lack of income and productive resources to ensure sustainable livelihoods. Its manifestations include hunger and malnutrition, limited access to education and other basic services, social discrimination and exclusion, as well as the lack of participation in decision-making. There are 17 SDGs, that recognize ending poverty and other deprivations by improving health and education, reducing inequality, and improving economic growth through a multidimensional approach.Multi-dimensional approach: Education and learning opportunities: Education has a direct impact on the quality of life of individuals e.g., level of income, ability to choose the profession of one’s preference, etc so education for all will help to solve many poverties issues Ending hunger and malnutrition: Health issues have a long-term impact on earning capacities of individuals thus impacting their capacity to raise their income and account for a crucial form of deprivation. Thus, addressing malnutrition goes well beyond the basic need for food and income. Clean Water and sanitation: Everyone should have access to safe and affordable drinking water andsanitation facilities. Access to safe water and sanitation is necessary for good health. Poor sanitation hashealth repercussions e.g., diseases like Polio are caused by poor sanitary conditions. Gender Equality: Patriarchal and social norms have restricted women from economic opportunities. This deprivation reduces the capacity of women to achieve outcomes, according to their capabilities e.g., restrictions on women joining in armed forces Employment Generation: Laborintensive manufacturing has the potential to absorb millions of peoplewho are leaving farming e.g. restaurants, hotels, agriculture, mining, as well as healthcare and caregiving. Such sectors should be thoroughly supported Access to credit: Credit facilities will open new dimensions in innovation and gives the opportunity to explore new areas that further can provide a livelihood to many abled and needy Standard of living: Electricity, flooring, drinking water, sanitation, and cooking fuel are basic necessities of life. These are minimum standards that states should provide everyone to eradicate poverty. Despite rapid growth and development, an unacceptably high proportion of our populationcontinues to suffer from severe and multidimensional poverty. Thus, a more comprehensive and inclusive approach is required to eradicate poverty in India.
18 Nov 2022 Mains Answer Writing
Referring to the case laws, explain the discretionary powers of the Governor? Under what circumstances can a bill be reserved for the President’s consent? (15 Marks). (250 Words) Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state executive consists of the governor, the chief minister, the council of ministers and the advocate general of the state. The executive power of the state shall be vested in the governor either directly or through officers subordinate to him in accordance with this Constitution (Article 154). There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion. (Article 163).\ In addition, to the above constitutional discretion the governor, like the president, also has situational discretion in the following cases: Appointment of chief minister when no party has a clear-cut majority in the state legislativeassembly or when the chief minister in office dies suddenly and there is no obvious successor. Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly. Dissolution of the state legislative assembly if the council of ministers has lost its majority. Above mentioned points evolved over time in SR bondmaid case and Ram Eshwar prasad case Supreme court issued certain directions and guidelines to use discretionary powers sparingly, In Nazim Rebia case(2016),The Apex court did not give literal meaning to the discretionary powers of the Governor will convert the Governor into super constitutional authority and emphasized on the “doctrine of harmonious construction”. The Governor can reserve certain bills for the consideration of the president. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court. Ultra-vires, that is, against the provisions of the Constitution. Opposed to the Directive Principles of State Policy. Against the larger interest of the country. Of grave national importance. Dealing with compulsory acquisition of property under Article 31A of the Constitution. Hence, these are the discretionary powers of the governor to exercise. Following the Sarkaria and Punnchi commission recommendations will make the governor role more functioning and vibrant as the constitutional head. ‘Ordinance route is bad, promulgation is worse’. How will you explain this statement in the context of Indian Parliamentary affairs in the recent past? (15 marks) (250 Words) Article 123 and 213 of the Indian Constitution confers power to promulgate ordinance on thePresident and the Governor respectively. In the context of the Indian Parliament, it has been observed that ordinances are being frequently resorted to by the government such as Insolvency and Bankruptcy code, 2018, Fugitive economic offenders 2018 and Farm laws Bill of 2021. Under the Constitution, Ordinance making power of the executive is only when the legislature is not in session, Immediate action is required where a president cannot promulgate unless he is satisfied that there are circumstances that require ‘immediate action’. There has been frequent resorting to ordinances due to reluctance to face legislature,lack of majority in the Parliament (Rajya Sabha) Ex: Aadhar bill labeled as money bill to bypass Rajya Sabha. Repeated and willful disruptions by opposition stifled government businesses.However, there are issues with regard to ordinance making power a. Executive power to issue ordinances is against the doctrine of Separation of Powers.b. It bypasses the very nature of democracy and parliament to involve in deliberate discussions and debates.c. Re-promulgation defeats the constitutional setup of limited power to frame ordinances of President and Governor.d. It poses a threat to the sovereignty of Parliament and the State legislature which have been constituted as primary lawmakers.e. The Supreme Court in numerous cases such as RC Cooper vs Union of India held that the President’s decision on immediate action can be challenged and open to Judicial review.f. It too reiterated in Krishna Kumar Singh v/s State of Bihar, 2017 that failure to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution.g. Ordinances although aimed as temporary are eventually taking a permanent seat in the law books without the legislative process.h. The procedure of consulting the chief minister in the appointment of the state governors should be prescribed in the Constitution itself. The Constitution has provided for Separation of Power where enacting laws is the function of legislature. The Executive must show self restraint by using it sparingly as a last resort.
17 Nov 2022 Mains Answer Writing
Public Confidence in the judiciary is strengthened not by the resort to contempt powers but by orders and judgements. In the light of the recent controversies, Do you think it is time to revisit the Contemptof Court Act, 1971? Justify your answer. (15 marks) (250 Words) Article 129 and 215 of the Constitution of India empower theSupreme Court and High Court respectively to punish people for their contempt and was provided with this power under Contempt of Court Act, 1971 which defines contempt powers of the judiciary. It is aimed to: Prevent scandalization or lowering the authority of any court. Prevent interference with the due course of any judicial proceedings. Strengthen the court’s image as legal authority and that no one is above the law. However, in the recent past India’s courts have routinely invoked its contempt powers to often punish expressions of dissent on purported grounds of such speech undermining or scandalizing the judiciary’sauthority, but overuse of contempt powers may undermine faith in judiciary, it earns more respect andtrust through it’s transformational judgements such as Sabarimala case verdict, LGBTQ+ community rights, Concept of ‘Green crackers’ during Diwali etc. Arguments against Contempt of Court: Contempt of Court proceedings have the effect of muzzling free speech guaranteed under Article19(1)(a) of the Indian Constitution. Ex. Justice Karnan case. Article 19(2) includes ‘contempt of court’ as a reasonable restriction on free speech but itsjustification in its present form is not tenable in a democracy Speech in criticism of the courts ought not to be considered as wilful disobedience but to be taken as constructive criticism. Ex. Lawyer Prasanth Bhushan issue in this regard to be seen as constructive criticism. Most of the judgements are being pronounced in the name of public interest but it is the judge who is being personally hurt by criticisms. Currently, there are 96000 cases pending in the civil and criminal contempt cases according to the judicial data grid. Court itself held that criticism of the court that does not impair and hamper the administrationof justice cannot be punished as contempt of court. The Contempt powers should be used in such a way as not to violate Right to Freedom of Speech while also ensuring independence of the Judges. The judiciary must be highly liberal while respecting freedom of speech and allow fair criticism as permitted under the 1971 act. The Contempt of Court Act, 1971 mustbe suitably amended or repealed on the lines of the United Kingdom andUnited States. Thus, the right balance between freedom of speech and contempt powers of court can be achieved bythe judiciary itself as the truth, faith and confidence of the citizens of the country in the judicial system is sine qua non for the existence of the ruleof law. All money bills are finance bills, but all finance bills are not money bills. Explain.(15 marks). (250 Words) Money Bill: Article 110 of the Constitution discusses the Money bill. It can only be introduced in the Lok Sabha and the same is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters: The imposition, abolition, remission, alteration or regulation of any tax. The regulation of the borrowing of money by the Union government. The custody of the Consolidated Fund of India or the contingency fund of India the payment of money into or the withdrawal of money from any such fund. The appropriation of money out of the Consolidated Fund of India. Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure. The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of lunch money or the audit of the accounts of the Union or of a state. Any matter incidental to any of the matters specified above. Example: The Aadhar (TargetedDelivery of Financial and Other Subsidies, Benefits) Bill, 2016. However, a bill is not to be deemed tobe a money bill by reason only that it provides for: The imposition of fines or other pecuniary penalties, or The demand for payment of fees for licenses or fees for services rendered; or The imposition, abolition, remission, alteration or regulation of any tax. If a question arises about whether a bill is a money bill or not, the decision of the Speaker of the LokSabha is final. The Constitution lays down a special procedure for the passing of money bills in Parliament. and that too on the recommendation of the president. Every such bill is considered to be a government bill and can be introduced only by a minister. Financial Bills is a bill that contains not only any or all the matters mentioned in Article 110, but also other matters of general legislation and provisions involving expenditure from the Consolidated Fund of India but does not include any of the matters mentioned in Article 110. It is treated as an ordinary bill and in all respects it will be ordinary bill even though it involves payments and borrowing Example: Civilliability of Nuclear damage Act, 2010 is governed by the same legislative procedure which is applicable to an ordinary bill. For instance, a bill that contains a borrowing clause, but does not exclusively deal with borrowing. In two respects, a financial bill is similar to a money bill—(a) Both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha, and(b) Both of them can be introduced only on the recommendation of the president.Hence, it can be said that all money bills are financial bills but not all financial bills are not money bills and also the Government by labelling a bill must ensure prudent fiscal management is achieved through these.
16 Nov 2022 Mains Answer writing
5. Amendment of the Constitution is highly required in order to modify and guide it to reflect the reality of changing circumstances. Keeping this in view, Suggest a few provisions which you feel that are desperately needed to incorporate. (10 M) (150 Words) Article 368 of the Constitution mentions the procedure and amendment of the Constitution in simple and special majorities. With the changing socio-cultural and techno-economic dynamics of the society, Indian Constitution needs a frequent revision from time to time either by omission or commission of certain provisions. Few of the provisions that are needed to be incorporated:a. The power to initiate the amendment to the Constitution lies with the parliament unlike the USA. Hence, the States should be given a place to initiate Constitutional amendment bills on the lines of Cooperative federalism. b. Provision for Joint sitting of both the houses of parliament over the passage ofConstitutional amendment bill. c. Judicial review to be extended to decide on the decision of the LokSabha speaker in terms of money bill. d. When the President withholds his assent to the bill, the reasons should be clearly mentioned to the State government. e. The scope of judicial review should be limited and areas that are fully exempted must b clearly mentioned in the Constitution. f. Educational requirements and granting financial powers to the panchayats that are authorizing them to levy, collect and appropriate taxes should be made a compulsory provision. g. The Office of Profit should be clearly defined with an Article supporting it. h. The Central Vigilance Commission should be given Constitutional status. Hence, these are the provisions that are needed to be incorporated to meet the changing dynamics for vibrant and robust democracy. 6. While the Separation of Powers is a bedrock principle of the Indian Constitution, do you think, the collegium system and mysteries underlining its decision -making dilute the importance of the former’s case? Give reasons for your answer (15 marks) (250 Words) Article 50 of the Indian Constitution envisages the Separation of Judiciaryfrom the Executive. The Separation of powers and Independence of Judiciary is mentioned in the basicstructure of the constitution which cannot be abrogated by the legislature. Collegium System: The judges of the Supreme Court are appointed by the president. The Chief justice isappointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. The Supreme Court has given a different interpretation of the word ‘consultation’ in the above provision. In the First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views. But, in the Second Judges case (1993), the Court reversed its earlier ruling andchanged the meaning of the word consultation to concurrence. Hence, it ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the Supreme Court. Similarly, in the Third judges case (1998), the Court opined that the consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality judges’. He should consult a collegium of four senior most judges of the Supreme Court. The idea of the collegium system was an innovation by the judiciary to prevent, protect its independencefrom the encroachment by legislature from its internal matters. It was, for his reason, the National Judicial Appointments Commission bill (NJAC), 2015 was quashed citing judicial independence and later entered into the ‘memorandum of procedure’ to explain the criteria in the judges’ selection. Despite these, there are certain loopholes in the collegium system which are contrary to the Separationof Powers.(a) Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.(b) Judges appointing Judge: The attempt made to replace it with an NJAC, 2015 was struck and raised concerns over the internal functioning of court matters.(c) Not disclosing the facts furnished upon the transfers of judges, appointments of High Court judges to the Supreme Court has often been accused of nepotism. (d) Public and other constitutional experts were often booked under Contempt of Court Act which isarm-twisting and undemocratic. Ex: Charges against Prasanth Bhushan and Justice Karnan. Hence, it is very important to strike a fine balance between the appointment and transfers throughthe reformed collegium system as it is now the only practical way to guarantee the independence of thejudiciary as the Supreme Court has been assigned a very significant role in the Indian democratic politicalsystem as the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it.
15 Nov 2022 Mains Answers writing
Rapid growth in the economy throws up Central Vigilance Commission’s (CVC) challenges inthe fight against the menace of corruption that has been Janusfaced. Address the challenges in the system of Central Vigilance Commission. (10 marks) (150 Words) The Central Vigilance Commission was established in 1964 by a resolution of Government of Indiafollowing the Santhanam committee recommendations, the apex body for prevention of corruption in India. It is a multi member body which is formed to inquire about or investigate the corruption charges on central government, and review progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act,1988. There are few challenges being faced by the commission which raiseapprehensions: There is no or little transparency in the appointment of CV officers. It has only been an advisory body on the corruption charges It does not have adequate resources in terms of funding,sanctioning criminal prosecutions for offences committed by public officials Public disenchantment with anti corruption mechanisms as there is a lot of delay in convictions, There has been a considerable deviation from the commission report by various ministries which leaves the report and its advice falling on deaf ears. Even though CVC has several complaints, there are a lot of pending cases that make the commission overburdened. Anonymous and pseudonymous complaints are affecting the efficiency of CVC. Frequent changes in nature, and tenure of office by the central government tarnishes its image, and dilutes its powers and functions which leads to the loss of morale among the staff. Therefore, it is imperative to see CVC as one of the most important offices in India by offering it autonomy andgranting Constitutional status. 4. To what extent, in your opinion, has the ideal of Constitutionalism been transformed into its functional reality in the present times? Explain (10 marks) (150 Words) Constitutionalism means the limited government which explains that the powers of executive and legislature are limited and not controlled or arbitrary. It is the Primary edifice on which democracy stands. The ideal of constitutionalism in the modern times is being thoroughly Practised, Exercised in the form of Judicial review and Judicial activism. The extent of constitutionalism is felt through the Hon’ble Supreme court judgements in its verdicts over ban on firecrackers during Diwali, quashing farm laws and also making the National anthem in theatres a mandatory affair to in still patriotic sense and oneness. Basically, constitutionalism is the sine qua non for a vibrant democracy in which it abhors absolutism. (Maru Ram vs Union of India). “Power Corrupts and absolute power corrupts absolutely”. If it vested, it would turn into an authoritarian, oppressive government. It has transformed into functioning reality through: A written constitution embeds Constitutionalism. Independent Judiciary with the powers of Judicial review under Article 13. Example: NJAC Act, 2015, farm laws Act, 2020, Committee on Pegasus Spyware etc. Doctrine of Separation of Powers being strictly followed as was upheld in the I.R. Coelho vsState of Tamillnadu by opening up Judicial review for the subjects in the 9th schedule. Fundamental rights of the people cannot be abridged or taken away. For example: Right to privacy being upheld in the KS Puttaswamy case to curtail the “surveillance” government. Decentralisation of powers by enacting the notion of ‘local self government’,’ grassroots democracy’ through 73rd and 74th amendment acts by constitutionalising the Panchayat system. Free and fair elections by the election commission of India by reforming the process of elections keeping in view the changing socio-economic dynamics. Example: NOTA, Proxy ballot system etc. These are the few Principles on which the functional reality of constitutionalism can be achieved. Mere existence of a Constitution does not ensure constitutionalism. It is the political maturity and traditions of people that import meaning to a Constitution which otherwise embodies political hopes and ideals.
14th Nov 2022 Mains Answer Writing
1. The sedition law has been in controversy for far too long, often the governments are criticized forits rampant usage in modern times. Keeping this in view, Explain why you think India stillfollows a law that the world has junked. (10 Marks) (150 Words) Answer: Section 124 of the IPC states that whoever by words, either spoken, written, or by signs brings or attempts to bring hatred or contempt or excites disaffection towards the government of the day shall be punished with imprisonment for life. This has been in news as the Honorable Supreme court suspended all pending trials, and appeals with regard to charges framed under Section 124 and Section 154 of IPC citing revision of the law. Reasons for the controversy: Governments in power are often criticized for their frequent use to curb dissent and silence critics. Example: (1) Disha Ravi issue in Bangalore over farm laws and (2) Kashmiri students overWhatsapp status. Misuse of law by police and other authorities claiming to prevent public disorder and ill will. Violation of the individual fundamental rights of Articles 19 and 21, restraining freedom of speech and expression. Promoting enmity between classes, and communities resulting in social cleavage. Unsparing usage of this law turns India into elected autocracy as opined by the liberals. Constitutional experts too lament for governments’ disregard towards the SC judgments on Kedarnath Singh vs state of Bihar, Vinod dua case(2021) for blatant misuse of the law. Terms in Section 124(A) like disaffection are vague and can be misused. Why India holds on to this law: There are some tendencies and incidents even today that wish to overthrow the law and order and constitutional scheme by misusing fundamental rights through hate speech, Example Hanuman Chalisa riots in Mumbai. Rising fundamentalism, communalism, ultra-nationalism may add fuel to the fire causingdeep social unrest if abolished completely. Certain areas in India such as Mumbai, Hyderabad, Delhi, etc are socially fragile and few places in north east India witness hostile and insurgent activities created by rebel groups. Social media penetration and emerging fake news may play havoc as was seen in Muzaffarpur riots. Sedition law deters anti national, secessionist, and terrorist activities by uprooting them and preserving law and order.India which stood as the largest democracy in the world as an example for centuries for its tolerance and continuity will erode if the sedition law goes. Hence, necessary course corrections by checking communal clashes, adherence to SC guidelines, and leveraging technology will help to maintain peace and order. Therefore, Sedition law must stay but by revisiting those clauses that are irrelevant to the present dynamics of the society. 2. What is the ‘office of profit’ and mention about its constitutional position? Can exemptions begranted under the law? Discuss. (10 marks) (150 Words) Generally, MPs and MLAs hold the government accountable for its work. When legislators hold an ‘office of profit under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. Office of profit is defined as when any public representative and civil servant receives benefits from any organizations other than his office of incumbency, then that office is termed as “office of profit”. The office of profit law simply seeks to enforce a basic feature of the Constitution the principle of Separation of power between legislature and executive, but nowhere it’s clearly defined in the Constitution. Under Article 102(1) and Article 191(1) of the Constitution, an MP or an MLA is barred from holding any office of profit under the Central or State government. Recently, the Election Commission issued notice to Jharkhand chief minister in reference that his holding an “Office of Profit” by granting a mining lease to himself in 2021. In the recent past, several legislatures have enacted laws exempting certain offices from the purview of the office of Profit. Parliament has also enacted the Parliament (Prevention of Disqualification)Act,1959 which has been amended several times to expand the exempted list such as Ministers of State and Deputy Ministers, Parliamentary Secretaries and Parliamentary Under Secretaries, and Deputy Chief Whips in Parliament. Hence, the Office of Profit, although not clearly mentioned in the Constitution, holds great significance by enabling the public servants to adhere to the constitutional mandate.
08 Feb 2023 Mains Answer Writting
Answer: Generally, MPs and MLAs hold the government accountable for its work. When legislators hold an ‘office of profit under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. Office of profit is defined as when any public representative and civil servant receives benefits from any organizations other than his office of incumbency, then that office is termed as “office of profit”. The office of profit law simply seeks to enforce a basic feature of the Constitution the principle of Separation of power between legislature and executive, but nowhere it’s clearly defined in the Constitution. Under Article 102(1) and Article 191(1) of the Constitution, an MP or an MLA is barred from holding any office of profit under the Central or State government. Recently, the Election Commission issued notice to Jharkhand chief minister in reference that his holding an “Office of Profit” by granting a mining lease to himself in 2021. In the recent past, several legislatures have enacted laws exempting certain offices from the purview of the office of Profit. Parliament has also enacted the Parliament (Prevention of Disqualification)Act,1959 which has been amended several times to expand the exempted list such as Ministers of State and Deputy Ministers, Parliamentary Secretaries and Parliamentary Under Secretaries, and Deputy Chief Whips in Parliament. Hence, the Office of Profit, although not clearly mentioned in the Constitution, holds great significance by enabling the public servants to adhere to the constitutional mandate.
07 Feb 2023 Mains Answer Writting
Answer: Section 124 of the IPC states that whoever by words, either spoken, written, or by signs brings or attempts to bring hatred or contempt or excites disaffection towards the government of the day shall be punished with imprisonment for life. This has been in news as the Honorable Supreme court suspended all pending trials, and appeals with regard to charges framed under Section 124 and Section 154 of IPC citing revision of the law. Reasons for the controversy: 1. Governments in power are often criticized for their frequent use to curb dissent and silence critics. Example: (1) Disha Ravi issue in Bangalore over farm laws and (2) Kashmiri students over Whatsapp status. Misuse of law by police and other authorities claiming to prevent public disorder and ill will. Violation of the individual fundamental rights of Articles 19 and 21, restraining freedom of speech and expression. Promoting enmity between classes, and communities resulting in social cleavage. Unsparing usage of this law turns India into elected autocracy as opined by the liberals. Constitutional experts too lament for governments’ disregard towards the SC judgments on Kedarnath Singh vs state of Bihar, Vinod dua case(2021) for blatant misuse of the law. 2. Terms in Section 124(A) like disaffection are vague and can be misused. Why India holds on to this law: There are some tendencies and incidents even today that wish to overthrow the law and order and constitutional scheme by misusing fundamental rights through hate speech, Example- Hanuman Chalisa riots in Mumbai. Rising fundamentalism, communalism, ultra-nationalism may add fuel to the fire causing deep social unrest if abolished completely. Certain areas in India such as Mumbai, Hyderabad, Delhi, etc are socially fragile and few places in north east India witness hostile and insurgent activities created by rebel groups. Social media penetration and emerging fake news may play havoc as was seen in Muzaffarpur riots. Sedition law deters anti national, secessionist, and terrorist activities by uprooting them and preserving law and order. India which stood as the largest democracy in the world as an example for centuries for its tolerance and continuity will erode if the sedition law goes. Hence, necessary course corrections by checking communal clashes, adherence to SC guidelines, and leveraging technology will help to maintain peace and order. Therefore, Sedition law must stay but by revisiting those clauses that are irrelevant to the present dynamics of the society.
12 Nov 2022 Daily Mains Answer Writing
DAILY CURRENT AFFAIRS ANALYSIS 12 NOVEMBER 2022 . No. Topic Name Prelims/Mains ASEAN Prelims & Mains GM Crops Prelims & Mains National Heritage Tag Prelims & Mains Greenhouse Gases Prelims & Mains 1 – ASEAN: GS II Topic à International Relations · Context: · Vice President Jagdeep Dhankhar watched a Mahabharat-based performance on November 11, 2022, while he was in Cambodia for the 17th East Asia Summit and the ASEAN-India Commemorative Summit. · About ASEAN: · The Association of Southeast Asian Nations was established as a regional organisation to promote political and social stability in response to escalating tensions among the Asia-Pacific post-colonial powers. · The motto of ASEAN is “One Vision, One Identity, One Community.” · On August 8, Asean Day is observed. · Jakarta, Indonesia is home to the ASEAN Secretariat. · What changes have recently occurred? · The 24th Senior Officials’ Meeting (SOM) between ASEAN and India was held in Delhi. · The dialogue cooperation between India and ASEAN was celebrated on its 30th anniversary. · During the second ASEAN Digital Ministers’ (ADGMIN) Meeting with India, the India-ASEAN Digital Work Plan 2022 was finalised. · Origin of ASEAN: · With the signing of the ASEAN Declaration in 1967, the ASEAN Organization became fully established (also known as the Bangkok Declaration). · The founding members of ASEAN are Indonesia, Malaysia, the Philippines, Singapore, and Thailand. · 1990s – The region’s conditions changed, and membership more than doubled, following the end of the Cold War in 1991 and the Vietnam War in 1975. · Cambodia joined in 1997, as did Vietnam in 1995, Brunei in 1984, Laos, and Myanmar. · In 1995, members decided to designate Southeast Asia as a nuclear-free region. · In 1997, the ASEAN Vision 2020 was approved. · The ASEAN Community was established as a result of the 2003 signing of Bali Concord II. · The Cebu Declaration of 2007 states that the ASEAN Community will be established by 2015. · The ASEAN Charter has been in force since 2008 and is enforceable in court. · The ASEAN Community is expected to begin operations in 2015. Source à The Hindu 2 – GM Crops: GS III Topic à Biotechnology · Context: · On October 18, the Environmental Ministry’s Genetic Engineering Appraisal Committee (GEAC) granted the proposal for the commercial production of genetically modified (GM) mustard. The Dhara Mustard Hybrid Genetically Modified (GM) Mustard variety was created by the Delhi University Center for Genetic Manipulation of Crop Plants. · About: · Genetically modified (GM) foods are made from plants whose genes have undergone artificial gene editing. Usually, to do this, genetic material from another organism is inserted. The plants acquire a new trait as a result of the genetic modification, such as an improvement in yield, tolerance to a herbicide, resistance to disease or drought, or an improvement in nutritional content. · Golden rice is most likely the GM rice strain with the best reputation. · In order to create a grain that is high in vitamin A, golden rice entails the insertion of DNA from a plant—both daffodils and maize have been used—and a soil bacterium. · In India, the production of only one GM crop, Bt cotton, is permitted. · In this nation, no GM food crop has ever been authorised for commercial production. · However, authorisation to conduct quick field tests has been given to at least 20 GM crops. · Hybrid seeds, GM rice cultivars with enhanced pest and disease resistance, and nutritional enhancements like golden rice are being developed in order to do this. · Due to their changed DNA, GM foods may increase antibiotic resistance and trigger allergic reactions in some consumers. · Exports of genetically modified rice (Impact on India): · India will continue to be the world’s leading exporter of rice in 2020 with 18 million tonnes, with roughly 25% of that amount being premium basmati. · Out of the 75 nations that purchase Indian rice, the US and the UK are the two biggest importers of basmati rice, with the majority of non-basmati rice going to African nations as well as India’s neighbours Nepal and Bangladesh. · The worst-case scenario for Indian farmers may be what transpired in the US in 2006 when traces of a GM rice variety were discovered in shipments intended for export. · When trading partners like Japan, Russia, and the EU stopped importing rice from that nation, farmers in the US suffered severely. Source à The Hindu 3 – National Heritage Tag: GS I Topic à Indian Culture · Context: · The Supreme Court expressed disapproval of the Ram Setu decision to designate it as a national historic site on Thursday, but this provided the Centre more time to respond in writing. · About: · Location: The Ram Setu is a 48-km line of limestone shoals that is also referred to as Adam’s Bridge and Nala Setu. · It is situated halfway between Mannar Island off the northwest coast of Sri Lanka and Rameswaram on the southeast coast of India. · Ram Setu is a naturally existing structure that developed as a result of tectonic movements and corals consuming sand, claim scientists. · But over time, proof that the bridge was constructed by humans has been offered. · Geological research indicate that the rectangular calcareous rocks helped Sri Lanka separate from the Indian subcontinent some 1,25,000 years ago. · Hindus think that Lord Ram and his army constructed this bridge so they could travel to Lanka to battle Ravan. · According to Islamic myth, Adam crossed this bridge to get to Sri Lanka’s Adam’s Peak. · What is the purpose of the Sethusamudram project? · that the sea floor there varies in depth from three to thirty feet, it is difficult for seaworthy vessels to navigate the area near the bridge. · Ships must now circumnavigate Sri Lanka in order to access ports on India’s eastern coast like Tuticorin, Chennai, Vizag, and Paradip.
11 Nov 2022 Mains Answer Writing
DAILY CURRENT AFFAIRS ANALYSIS 11 NOVEMBER 2022 . No. Topic Name Prelims/Mains Current Account Deficit Prelims & Mains Hypersonic Ballistic Missile Prelims & Mains NHRC Prelims & Mains Appointment of Governors Prelims & Mains 1 – Current Account Deficit: GS III Topic àIndian Economy · Context: · In contrast to the lowest consensus estimate of 3.5%, the State Bank of India has predicted a smaller current account deficit for this fiscal year of 3%, citing rising software exports, remittances, and a potential $5 billion increase in foreign exchange reserves through swap agreements. · The current account deficit is what? · When a nation’s total imports of goods and services exceed its total exports of those same goods and services, a current account deficit results. · The trade balance is the difference between imported and exported goods. The “Current Account Balance” includes the “Trade Balance.” · Excessive imports of gold and oil are the main factors contributing to the CAD’s extension, according to an earlier report from 2021. · About balance of payments: · A country’s balance of payments (BoP) is a comprehensive analysis of all of its economic transactions with the rest of the world over a given time period, usually one year. · Calculation of BoP Goals: · indicates a nation’s financial and economic standing. · can be used as a barometer to assess whether a nation’s currency is appreciating or depreciating. · helps the government make decisions about its trade and budgetary policies. · gives crucial data for analysing and comprehending a nation’s economic interactions with other nations. · The BoP’s components are: · Economic transactions between a country and the rest of the world are categorised into three categories: current account, capital account, and mistakes and omissions. Changes in foreign exchange reserves are also shown. · Present Balance: It displays visibles and invisibles, as well as visibles (also known as items or merchandise, which indicate trade balance), including export and import (also called non-merchandise). · Services, transfers, and income are a few examples of invisibles. · A country’s capital account details its capital outlays and income. · It provides a broad overview of the net inflow of governmental and private investment into an economy. · The capital account includes external commercial borrowing, overseas direct investment, and foreign portfolio borrowing (ECB). · Errors and Omissions: The balance of payments could occasionally be out of balance. The errors and omissions made by the BoP demonstrate this imbalance. It illustrates how the nation is unable to fully account for all international transactions. · Foreign Exchange Reserve Movements: The Reserve Bank of India’s foreign assets and Special Drawing Rights (SDR) balances are both included in the movement of reserves. · The BoP account could have a surplus or a deficit overall. With funds from the Foreign Exchange (Forex) Account, a deficit may be closed. · A BoP crisis occurs when there are insufficient foreign currency reserves. Source à The Hindu 2 – Hypersonic Ballistic Missile: GS III Topic àScience and Technology · Context: · According to comments made by the Revolutionary Guards’ aerospace commander and reported by the semi-official Tasnim news agency, Iran has developed a hypersonic ballistic missile. · About: · The speed of sound, or Mach, is multiplied by five or more to reach hypersonic speeds. Hypersonic speed and modern technology. · A plane’s speed is expressed in terms of its Mach number, where Mach 1 corresponds to the airspeed of sound, or 343 metres per second. · Types (2): · The only difference between hypersonic cruise missiles and regular cruise missiles is speed. Hypersonic cruise missiles employ rocket or jet propellant throughout their flight. · HGVs: Hypersonic Glide Vehicles These missiles are launched toward their target by ascending into the air on a standard rocket. · The primary technology of the majority of hypersonic vehicles is an air-breathing propulsion system known as a scramjet. · Hypersonic systems are quite expensive because this is a very complex technology that also needs to be able to withstand high temperatures. · India’s advancement of hypersonic technologies: · India is also engaged in hypersonic research. · India has already demonstrated its prowess in the field of space assets by carrying out an ASAT test as part of Mission Shakti. · Both DRDO and ISRO have created and tested hypersonic technologies. · The hypersonic technology demonstrator vehicle (HSTDV), which has a top speed of six times the speed of sound, recently underwent successful flight testing by the DRDO. · Hyderabad now has a Hypersonic Wind Tunnel (HWT) testing facility thanks to the DRDO. It is an enclosed, pressure-vacuum-driven, free jet facility that can simulate speeds of up to Mach 12. · Air Breathing Propulsion System: · These systems burn the fuel that is stored on board using atmospheric oxygen, which is present up to around 50 km above the surface of the earth. The system is thereby substantially lighter, more effective, and more economical. · The Dual Mode Ramjet, Scramjet, and Ramjet are examples of air breathing propulsion systems (DMRJ). Source à The Hindu 3 – NHRC: GS II Topic àStatutory and Non-Statutory Bodies · Context: · India acknowledges the importance of journalists, activists, and human rights defenders in a democracy, but Tushar Mehta, the solicitor general, insisted that their actions must also be legitimate. On Thursday in Geneva, he said this in an address to the Human Rights Council (HRC). Live coverage of the event was available. · About: · It serves as a watchdog for the country’s human rights, including those to life, liberty, equality, and the dignity of the person protected by Indian courts and guaranteed by the Indian Constitution. · Establishment: · It was created on October 12th in accordance with the 1993 Protection of Human Rights Act (PHRA). The Protection of Human Rights (Amendment) Act of 2006 and the Human Rights (Amendment) Act of 2019 both made changes to it. · It was created in accordance with the Paris Principles,