18 Aug 2020 CNA:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY AND GOVERNANCE 1. SC to study context of charges against judges INTERNATIONAL RELATIONS 1. Indian, Nepalese diplomats discuss bilateral projects 2. U.S. imposes more sanctions targeting Huawei C. GS 3 Related ECONOMY 1. Reimagining and reinventing the Indian economy D. GS 4 Related E. Editorials POLITY AND GOVERNANCE 1. Jurisdictional conflict in the running of Delhi 2. Judicial remedies for the J&K net restrictions F. Prelims Facts 1. Rapid antigen tests 2. National Sports Awards 3. Haryana to conduct e-Lok Adalat on Aug. 29 4. Odisha to give facelift to 11th century temple 5. Japan’s record economic plunge guts Abe era gains G. Tidbits 1. NGT tells States to monitor Ganga rejuvenation 2. 4G SIM cards disconnect ASHAs 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 to study context of charges against judges
Context:
The Supreme Court has decided to launch a detailed examination into the circumstances under which a person can make public allegations of corruption against the judiciary.
Background:
The Bench framed the two questions while hearing a contempt case initiated against advocate Prashant Bhushan.
- In what circumstances can such statements [on judicial corruption] be made?
- Under what circumstances can these allegations be made public?
Details:
- A three-judge Bench led by Justice Arun Mishra has decided to hear arguments on the two questions and on laying down the procedure to be adopted if such statements of corruption are made in public against sitting as well as retired judges.
1992 judgment:
- The Bench referred to the majority judgment delivered by Justice (as he was then) J.S. Verma for a Constitution Bench in 1992 concerning the removal of Justice V. Ramaswami, a Supreme Court judge.
- The judgment had laid down the procedure to deal with allegations against a sitting judge.
- The judge had to be given a fair opportunity to be heard before an inquiry committee formed under the Judges Inquiry Act of 1968.
- The judgment had limited the inquiry process against a judge to be done within a tight and limited circle of high judicial functionaries and parliamentarians.
- The dominating spirit of the 1992 judgment was to preserve the right, interest and dignity of the judge, which is commensurate with the dignity of all the institutions and functionaries involved in the process.
Read more about proceedings for criminal contempt of court against lawyer-activist Prashant Bhushan covered in CNA dated July 27, 2020 and CNA dated Aug 2, 2020.
Category: INTERNATIONAL RELATIONS
1. Indian, Nepalese diplomats discuss bilateral projects
Context:
Indian and Nepalese diplomats met in Kathmandu and reviewed the status of a number of ongoing bilateral projects.
Details:
- It is the first diplomat-level meeting between the two sides following the Kalapani territorial dispute.
- The talks marked the eighth meeting of the Nepal-India Oversight Mechanism.
- The Nepal-India Oversight Mechanism was set up to oversee the implementation of bilateral projects and take necessary steps for their completion on time.
- It was set up after the state visit to India by the Prime Minister of Nepal in 2016.
Points of discussion:
- Both sides underlined the need for the expeditious implementation of the bilateral projects.
- Though the territorial dispute was not taken up for discussion, the officials reviewed the status of the construction of bridges over the Mahakali river (near the disputed region).
- Among other projects, the teams discussed:
- Cross-border railways
- Arun-III hydropower project
- Pancheshwar multipurpose project
- Construction of the Nepal Police Academy and
- Ramayana project
Read more about the Kalapani Dispute covered in the 21st May 2020 Comprehensive News Analysis.
2. U.S. imposes more sanctions targeting Huawei
Context:
The U.S. administration has expanded its sanctions on China’s Huawei, a move aimed at further limiting the tech giant’s access to computer chips and other technology.
Details:
- The U.S Commerce Department statement added 38 Huawei affiliates around the world to the entity list.
- It claimed that the company was using international subsidiaries to circumvent the sanctions which prevent the export of U.S.-based technology.
- It argued that Huawei poses a security risk because of its links to the Beijing government, a claim denied by the company.
- The toughening of sanctions comes amid heightened U.S.-China tensions and claims by Washington that Chinese firms are being used for spying, despite repeated denials.
Entity List:
- The Export Administration Regulations (EAR) contain a list of names of certain foreign persons – including businesses, research institutions, government and private organizations, individuals, and other types of legal persons – that are subject to specific license requirements for the export, re-export and/or transfer (in-country) of specified items. These persons comprise the Entity List.
- On an individual basis, the persons on the Entity List are subject to licensing requirements and policies.
- The Entity List specifies the license requirements that it imposes on each listed person.
C. GS 3 Related
1. Reimagining and reinventing the Indian economy
Context:
- The COVID-19 pandemic has disrupted the global economy as well as the Indian economy.
- The significant reduction in domestic demand due to the nationwide lockdown has pushed the economy towards a contraction in the first quarter of 2020-21.
Steps taken by the Government:
- A mammoth stimulus package totalling ₹20 lakh crore was announced.
Read more about the COVID-19 Relief Package.
Suggestions:
- At this juncture, India needs a two-pronged strategy to successfully navigate the current crisis.
- Minimise the damage caused by the COVID-19 and clear a path to recovery.
- Rebooting and reimagining India by promptly exploiting new opportunities unleashed by evolving business scenarios.
- The situation presents an opportunity to take bold action to promote investments, protect existing jobs and create new jobs.
Key strategies:
The strategy should address four major economic cylinders:
- Big Business Houses which are major contributors to GDP and large employment generators.
- MSMEs which are the lifeline of the country, generating wealth for the middle class.
- Start-ups, which bring innovation and transformation to our country’s economy.
- Indian diaspora: the NRIs and OCIs — they not only serve as unofficial ambassadors of India, but can also bring huge investments into India.
- Big business houses should be supported by the government to reopen their operations by way of tax incentives or ease of procurement of raw materials or other goods and services on credit as this will energise consumer demand and boost the functioning of the vendor or ancillary industry in the MSME sector (which has potential for job creation).
- The RBI should consider a single one-time window for restructuring business loans, as required, by all banks.
- There is a high probability that non-performing assets are likely to rise once the prevailing moratorium is lifted by RBI.
- The government and RBI also urgently need to assure banks, that their business decisions will not be questioned, to encourage credit flows.
- The Centre can prepare a five-year plan on getting at least 60% of those companies desiring to move manufacturing out of China to India.
- Making India a global trading hub — devise an incentive regime for companies setting up global trading operations from India.
- The States should think of establishing self-contained “industrial cities” that earmark space for manufacturing, commercial, educational, residential and social infrastructure.
- The 10 sectors identified by the government fit into the Make in India campaign — electrical, pharmaceuticals, medical devices, automotive, mining, electronics, heavy engineering, renewable energy, food processing, chemicals and textiles. Japan, the U.S. and South Korea have already shown interest.
- It should also encourage sunrise sectors as part of re-imagining the Indian economy such as battery manufacturing (storage systems)/solar panel manufacturing.
- The government can also consider giving impetus to “Deep Tech”-leveraged businesses — blockchain, robotics, AI, machine learning, augmented reality, big data analytics, cybersecurity, etc.
- India is amongst the top start-up ecosystems globally. The government needs to provide support to the start-up ecosystem.
- The auto industry which contributes significantly to GDP (nearly 9%) deserves special treatment.
- Land should be made available for projects with all necessary pre-clearances — at Centre’s level (including Environmental), State’s and Municipal dispensations.
- Reforms in labour laws do not only mean permission to hire and fire. Leeway should be given to strictly enforce discipline within the factory premises and demand higher productivity. The moves by U.P., M.P. and Gujarat are welcome signals.
- The government should provide health insurance for migrant labourers as experimented by certain States.
- Investments of NRIs and OCIs in India should be treated on par with those of Resident Indians as regards interest and dividend repatriation and management control of Indian companies.
- The Chinese government had called on rich overseas Chinese to invest in China with minimum government control, and massive investments followed. This has contributed to China’s prosperity and economic rise.
- A similar investment boom can take place in India through NRIs and OCIs.
- One-time repatriation of foreign earning: The proposition is to reduce the current rate of 15% on a gross basis on dividends from foreign subsidiaries to 5%.
- This would lead to more influx of funds and is expected to support local projects.
- The government may also consider providing tax exemption on passive income like dividends, interest on bank deposits, income from mutual funds earned by NRIs from India, if such income is reinvested back in India.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: POLITY AND GOVERNANCE
1. Jurisdictional conflict in the running of Delhi
Context:
- Division of powers between the Delhi government and the Lt. Governor of Delhi.
Background:
Articles 239AA:
- Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment by the Parliament.
- It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly. Delhi was named as ‘National Capital Region (NCT) of Delhi’.
- As per Article 239AA – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.
- As per Article 239AA (4), in the case of a difference of opinion between the Lt. Governor and his Ministers on any matter, the Lt. Governor shall refer it to the President for decision and act according to that decision. In the meantime, if the Lt. Governor thinks that the matter is urgent he can take immediate action on his own.
Government of NCT of Delhi vs. Union of India (2018):
- The Constitution Bench of the Supreme Court in the Government of NCT of Delhi vs. Union of India (2018) dealt with the issue of jurisdictional conflicts between the government of NCT and the Lieutenant Governor (representative of the Union Government).
- The Supreme Court was called upon to determine the extent of powers of the Lieutenant Governor of Delhi.
- The constitutional bench made the following observations:
Representative government for Delhi:
- Based on the argument that if the elected Government of Delhi could not usher in policies and laws over which the Delhi Legislative Assembly has powers to legislate for the NCT of Delhi, it would render the democratic and representative form of government ineffective in Delhi, the SC ruled that the Lt. Governor is bound to act on the aid and advice of the Council of Ministers except in respect of ‘Land’, ‘Public Order’ and the ‘Police’.
Executive power with states:
- The Court had held that though the Parliament can legislate for Delhi on any matter in the State List and the Concurrent List (Article 239AA (3)(a)), the executive power in relation to Delhi except the ‘Police’, ‘Land’ and ‘Public Orders’ vests only in the State Government headed by the Chief Minister (Article 239AA (4)).
- It held that the executive power of the Union does not extend to any of the matters which come within the jurisdiction of the Delhi Assembly.
Special status of Delhi:
- The judgment also noted that Delhi being a special category Union Territory, there is the need to ensure harmonious functioning of the Delhi government and the Lt. Governor.
Powers of the Lt. Governor:
- In case of a difference of opinion between the Lt. Governor and the State government, the Governor can refer a decision taken by the Council of Ministers to the President.
- The Supreme Court had observed that the powers conferred on the Lt. Governor to refer any matter to the President under the provision of the Article 239AA (4) did not mean every matter, and stated that such power should be used sparingly keeping in mind the standards of constitutional trust and morality, the principles of collaborative federalism and the concept of constitutional balance.
- The President is the highest constitutional authority and his decision should be sought only on constitutionally important issues.
For information on the topic of constitutional morality, refer to the linked article.
Harmonious functioning:
- The Supreme Court holds that the special constitutional scheme adopted for the NCT of Delhi requires the Council of Ministers as the representatives of the people and the Lt. Governor as the nominee of the President to function in harmony within the Constitutional parameters.
For more information on the judgment, refer to:
Details:
Delhi riot cases:
- The Delhi government’s move to appoint prosecutors for conducting the Delhi riot cases in the High Court has been annulled by the Lt. Governor.
- The Lt. Governor referred the issue under proviso to Article 239AA (4) to the President stating that there is a difference of opinion between him and the government over this matter.
- In the meantime, the Lt. Governor appointed all the prosecutors whose names were submitted by the Delhi Police and thus the State government’s list was rejected.
- The article argues that the act of the Lt. Governor to refer to the President the issue of appointment of prosecutors has not been in consonance with the principles enunciated in the Supreme Court’s 2018 ruling.
Concerns:
Administrative issue:
- Despite the provision available for the Lt. Governor to refer an issue to the President, the Lt. Governor cannot refer routine administrative matters. The Court had directed the Lt. Governor not to refer to the President normal administrative matters.
- Reference of the appointment of prosecutors by the Lt. Governor to the President seems to be a negation of these principles.
Overruling executive powers of state:
- The Lt. Governor cannot totally override the executive decisions of the State government. The Union Government via the Lt. Governor is not empowered to exercise executive authority on a matter which comes within the exclusive jurisdiction of the State government like the appointment of prosecutors.
- As per the Supreme Court, the appointment of prosecutors is exclusively within the purview of the State government.
Against collaborative federalism:
- The Lt. Governor’s action might lead to another flashpoint in the relations between the Delhi government and the Lt. Governor and go against the constitutional principles of collaborative federalism.
Limitation of the judgment:
- One major limitation of the judgment has been that the judgment failed to clearly delineate the issues in respect of which the Lt. Governor can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the Lt. Governor and the State government.
- If a Lt. Governor, for example, wants to frustrate the efforts of the government, he can declare that there is a difference of opinion on any issue decided by the elected government and refer it to the President. In the meantime, the Lt. Governor stating that the matter is urgent can take immediate action on his own. The State government will be totally helpless in such a situation.
2. Judicial remedies for the J&K net restrictions
This issue has been covered in the following articles:
CNA dated Jan 11, 2020: Eloquently reticent
CNA dated May 22, 2020: A violation of right found, but no remedy given
Additional information:
Special Rapporteur:
- The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression is required to submit a report annually to the United Nations Human Rights Council and the General Assembly.
- It contains recommendations to Member States and other stakeholders on ways and means to better promote and protect the right to freedom of opinion and expression.
- Special rapporteur is the title given to individuals working on behalf of the United Nations (UN) within the scope of “special procedure” mechanisms who have a specific country or thematic mandate from the United Nations Human Rights Council.
- The Special Rapporteur on Freedom of Opinion and Expression of the United Nations in a joint declaration with representatives of other regional organisations, had pointed out that neither the slowing nor the shutting down of the Internet is justifiable even on national security grounds, given that such Internet shutdowns or slowdowns adversely affects millions of innocent civilians owing to the actions of a few.
Right of judicial review:
- Judicial review – Power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
- Article 13 and Article 32 of the Indian Constitution provide for judicial review.
F. Prelims Facts
- RT-PCR stands for Real-time polymerase chain reaction test.
- RT-PCR is a laboratory technique combining reverse transcription of RNA into DNA and amplification of specific DNA targets using polymerase chain reaction.
- It is primarily used to measure the amount of a specific RNA.
- RT-PCR test detects the virus and the antibody tests, which use blood, detect the body’s response to the virus. A positive result in the antibody test tells that the person was exposed to the virus.
Read more on this topic covered in the 15th May 2020 Comprehensive News Analysis.
What’s in News?
The selection panel is scheduled to meet in Delhi to decide on various National Sports Awards like Rajiv Gandhi Khel Ratna, Arjuna award, etc.
National Sports Awards has been covered in 20th August 2019 PIB Summary and Analysis.
3. Haryana to conduct e-Lok Adalat on Aug. 29
What’s in News?
E-Lok Adalats will be conducted across Haryana to decide cases on digital platforms due to the restricted working of courts in view of the COVID-19-induced lockdown.
- The e-Lok Adalats aim to facilitate the online platform for the litigants to decide their cases during the pandemic situation.
- A Lok Adalat is one of the substitute dispute redressal mechanisms.
Read more about Lok Adalats.
4. Odisha to give facelift to 11th century temple
What’s in News?
The Odisha government announced that it will give a facelift to the 11th century Lingaraj Temple, akin to its pre-350-year structural status.
Lingaraj Temple:
- Lingaraj temple at Bhubaneswar, Odisha is an 11th-century temple.
- It is a symbol of Kalinga style architecture.
- Lingaraj Temple was built by the King Jajati Keshari, who belonged to Soma Vansh.
- The temple is dedicated to Lord Shiva.
5. Japan’s record economic plunge guts Abe era gains
What’s in News?
- Japan has been hit by its biggest economic slump on record, bolstering the case for bolder policy action to prevent a deeper recession.
- The world’s third-largest economy shrank an annualised 27.8% in April-June.
- It marks the biggest decline in GDP since comparable data became available in 1980.
- The third straight quarter of declines has wiped out the benefits brought by Prime Minister Shinzo Abe’s ‘Abenomics’ stimulus policies deployed in late 2012.
Abenomics:
- Abenomics is a blend of words, “Abe” and “Economics.
- It refers to the economic policies advocated by Shinzo Abe, the Japanese Prime Minister since his election as the Prime Minister of Japan for the second term in 2012.
Read more about Abenomics.
G. Tidbits
1. NGT tells States to monitor Ganga rejuvenation
What’s in News?
The National Green Tribunal (NGT) has directed Chief Secretaries of Uttar Pradesh, Uttarakhand, Bihar and West Bengal to periodically monitor the rejuvenation of the Ganga.
- NGT observed that pollutants were still being discharged into the river despite several directions of various courts.
- The Bench remarked, “It is a pity that even after constant monitoring by the Supreme Court for 34 years and by NGT for six years, 46 years after enactment of the Water Act, pollutants continue to be discharged in the most holy river.”
- Water Act makes discharge of pollutants in water bodies a criminal offence.
- It asserted that a pollution-free environment is the constitutional right of every citizen and the constitutional obligation of States.
- It opined that a holistic approach for rejuvenation of the river is the need of the hour.
- Earlier, NGT had constituted a Central Monitoring Committee to prepare and enforce a national plan to make over 350 river stretches in the country pollution-free.
2. 4G SIM cards disconnect ASHAs
- Accredited Social Health Activists, or ASHAs are at the frontline of India’s battle against COVID-19.
- The Community Health Worker programmes can improve the health status of communities, states research by ORB Media.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements with respect to the Teesta River:
- It is a tributary of the River Brahmaputra.
- The river flows through the states of Sikkim and West Bengal.
- The Teesta River dispute is one of the most contentious issues between India, Bhutan and Bangladesh.
Which of the given statement/s is/are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: a
Explanation:
- River Teesta is a tributary of the River Brahmaputra.
- The Teesta River originates in the Himalayas and flows through the Indian States of Sikkim and West Bengal before entering Bangladesh, where it flows into the Brahmaputra. Flowing through the length of Sikkim, the Teesta River is considered to be the lifeline of the state.
- The Teesta River dispute is one of the most contentious issues between India and Bangladesh.
Q2. Consider the following statements with respect to the International Solar Alliance (ISA):
- The Paris Declaration established ISA as an alliance dedicated to promoting solar energy among its member countries.
- It is headquartered at Gurugram in India.
- Countries that do not fall within the Tropics can join the ISA and enjoy all benefits as other members, along with voting rights.
Which of the given statement/s is/are correct?
- 1 only
- 1 and 3 only
- 1 and 2 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: c
Explanation:
- The International Solar Alliance (ISA) is an alliance of countries, which lie either completely or partly between the Tropic of Cancer and the Tropic of Capricorn.
- The alliance was formed with the intent to reduce the dependence on non-renewable sources of energy like fossil fuels.
- It is headquartered at Gurugram in India.
- Countries that do not fall within the Tropics can join the ISA and enjoy all benefits as other members, with the exception of voting rights.
Q3. Consider the following statements:
- Both DNA and RNA are made up of nucleotides.
- DNA is double-stranded and RNA is single-stranded.
- Both DNA and RNA contain Adenine, Guanine, Cytosine and Thymine.
Which of the given statement/s is/are incorrect?
- 1 and 2 only
- 3 only
- 1 and 3 only
- 1 only
CHECK ANSWERS:-
Answer: b
Explanation:
- In cells, Deoxyribonucleic acid (DNA) is the nucleic acid that functions as the original blueprint for the synthesis of proteins.
- Ribonucleic acid (RNA) is a nucleic acid that is directly involved in protein synthesis. Ribonucleic acid is an important nucleotide with long chains of nucleic acid present in all living cells. Its main role is to act as a messenger conveying instructions from DNA for controlling protein synthesis.
- Both DNA and RNA are made up of nucleotides.
- DNA is double-stranded and RNA is single-stranded.
- Both DNA and RNA contain Adenine, Guanine and Cytosine. The fourth base is Thymine in DNA and Uracil in RNA.
Q4. Rekhapida, Pidhadeul, Khakra are the features of which of the following temple architecture?
- Odisha
- West Bengal
- Assam
- Tamil Nadu
CHECK ANSWERS:-
Answer: a
Explanation:
- Three orders of architectural features of the temples of Odisha are:
- Rekhapida (Rekha Deula): Tall straight building (looking like a shikhara) covering the garbhagriha.
- Pidhadeul: It is the mandapa, a square building where worshippers are present and also where dancing takes place.
- Khakra (Khakra Deula): Rectangular building with a truncated pyramid-shaped roof. Temples of Shakti are usually in this type.
- Location: Ancient Kalinga – that includes modern Puri District including Bhubaneswar (ancient Tribhuvanesvara, Puri and Konark).
- Odisha temples are a distinct sub-style of the Nagara style called Kalinga Style.
I. UPSC Mains Practice Questions
- With increasing references to the doctrine of constitutional morality in the Judgments by the higher judiciary, discuss what is meant by constitutional morality. Also discuss the significance and the associated concerns with the doctrine of constitutional morality. (15 marks, 250 words)(GS Paper 2/Polity and Governance)
- What is meant by judicial review? What are the constitutional articles which provide for the provision of judicial review? Discuss the evolution of the concept of judicial review in the constitutional history of India. (15 marks, 250 words)(GS paper 2/Polity and Governance)
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18 Aug 2020 CNA:- Download PDF Here
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