💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Distribution: weekly

  • Bureaucrats cannot be State Election Commissioners: SC

    The Supreme Court gas held that independent persons and not bureaucrats should be appointed State Election Commissioners.

    No bureaucrats in SEC

    • The judgment came on an appeal against an order of the Bombay High Court which had set aside the election notification issued by the Goa State Election Commission in some municipalities.
    • Justice F. Nariman, in a judgment, said giving government employees the additional charge of State Election Commissioners is a “mockery of the Constitution”.
    • It said government employees holding the post of State Election Commissioners as additional charge should give up the post.
    • The Supreme Court said its direction should be followed strictly.

    Why such a move?

    • Under the constitutional mandate, it is the duty of the State to not interfere with the functioning of the State Election Commission.
    • The independence of Election Commissions cannot be compromised at any cost, the Bench said.

    State Election Commission

    • Under the 73rd and 74th constitutional amendment acts, State Election Commissions were created for every state to conduct elections to panchayats and municipalities.
    • The SECs came into as envisaged in Articles 243K and 243ZA of the Constitution of India.
    • The above Articles provide that the superintendence, direction and control of the preparation of electoral rolls for, and the Conduct of all elections to the Panchayats and Municipalities shall vest in the SEC.
    • The Constitution itself has facilitated provision for smooth, free and fair, regular elections to the Local bodies and has, therefore, entrusted the SEC with the responsibility for holding such elections.
    • In the domain of the elections to the local bodies, the SEC functions independently and has the same powers and duties as that of the Election Commission of India.

    Try this PYQ:

    Q.The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?

    1. Constitution of District Planning Committees.
    2. State Election Commissions to conduct all panchayat elections.
    3. Establishment of State Finance Commissions.

    Select the correct answer using the codes given below:

    (a) Only 1

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    The Election Commissioner

    • The State Election Commissioner is appointed by the Governor.
    • It has the status, salary and allowance of a Judge of a High Court and cannot be removed from office except in the like manner and on the like grounds as a Judge of a High Court.
    • The Election Commissioner is also the Chairman of the Delimitation Commission.

    Its duties

    • The first and foremost duty of the SEC is to prepare the elector rolls of Panchayats, Municipalities and Municipal Corporation and conduct their elections.

    In addition to the above functions, the State Election Commission has also the following functions:

    1. Conduct of elections to the offices of the Mayor/Chairman/President/Deputy Mayor/Vice Chairman/Vice President and the no-confidence motion against them.
    2. Conduct of the Elections to various Standing Committees and their Chairpersons
    3. Determination of disqualification of elected members/Councilors.
    4. Determination of disqualification of elected members on the ground of defection.

    Back2Basics: Election Commission of India (ECI)

    • ECI is an autonomous and permanent constitutional authority responsible for administering election processes in India at the national and state level.
    • The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
    • The EC operates under the authority of the Constitution per Article 324 and subsequently enacted the Representation of the People Act.
    • The commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election.
    • Being a constitutional authority, EC is amongst the few institutions which function with both autonomy and freedom, along with the country’s higher judiciary, the UPSC and the CAG.

  • Places of Worship Act, 1991

    The Supreme Court has asked the Centre to respond to a plea challenging the Places of Worship (Special Provisions) Act, 1991. The court has opened the doors for litigation in various places of worship across the country including Mathura and Varanasi.

    Take this ‘wonderful’ question from CS Mains 2019:

    Q.What are the challenges to our cultural practices in the name of secularism?

    Places of Worship Act, 1991

    • It was passed in 1991 by the P V Narasimha Rao-led government.
    • The law seeks to maintain the “religious character” of places of worship as it was in 1947 — except in the case of the Ram Janmabhoomi-Babri Masjid dispute, which was already in court.
    • The law was brought in at the peak of the Ram Mandir movement, exactly a year before the demolition of the Babri Masjid.
    • Introducing the law, then Home Minister S B Chavan said in Parliament that it was adopted to curb communal tension.

    What are its provisions?

    The objective of the law describes it as an Act to prohibit conversion of any place of worship.

    • It aims to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto”.
    • Sections 3 and 4 of the Act declared that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
    • No person shall convert any place of worship of any religious denomination into one of a different denomination or section.
    • Section 4(2) says that all suits, appeals or others regarding converting the character of a place of worship, that was pending on August 15, 1947, will stand abated when the Act commences and no fresh proceedings can be filed.
    • However, legal proceedings can be initiated after the commencement of the Act if the change of status took place after the cut-off date of August 15, 1947.

    What does it say about Ayodhya, and what else is exempted?

    • Act does not to apply to Ram Janma Bhumi Babri Masjid.

    Besides the Ayodhya dispute, the Act also exempted:

    • any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958;
    • a suit that has been finally settled or disposed of;
    • any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.

    What has the Supreme Court said about the Act?

    • In the 2019 Ayodhya verdict, the Constitution Bench led by former CJI Ranjan Gogoi referred to the law and said it manifests the secular values of the Constitution and strictly prohibits retrogression.
    • In providing a guarantee for the preservation of the religious character of places, Parliament determined that independence from colonial rule furnishes a constitutional basis for healing the injustices of the past.
    • The law addresses itself to the State as much as to every citizen of the nation. Its norms bind those who govern the affairs of the nation at every level.
    • Those norms implement the Fundamental Duties under Article 51A and are hence positive mandates to every citizen as well.

    Why is the law under challenge?

    • A politician has challenged the law on the ground that violates secularism.
    • He has also argued that the cut-off date of August 15, 1947, is “arbitrary, irrational and retrospective” and prohibits Hindus, Jains, Buddhists, and Sikhs from approaching courts to “reclaim” their places of worship.
    • Such places, he argued, were “invaded” and “encroached” upon by “fundamentalist barbaric invaders”.
    • The right-wing politicians have opposed the law even when it was introduced, arguing that the Centre has no power to legislate on “pilgrimages” or “burial grounds” which is under the state list.
    • Another criticism against the law is that the cut-off is the date of Independence, which means that the status quo determined by a colonial power is considered final.

  • Curbing Benzene Emission

    A joint committee appointed by the National Green Tribunal (NGT) to study air pollution in Kerala has pointed out that petrol refuelling stations were a major source of benzene emissions and volatile organic compounds (VOCs).

    Why such a move?

    • Benzene is a major constituent of evaporative emission due to its high volatility.

    Try this PYQ:

    Q.Consider the following:

    1. Carbon monoxide
    2. Methane
    3. Ozone
    4. Sulphur dioxide

    Which of the above are released into atmosphere due to the burning of crop/biomass residue?

    (a) 1 and 2 only

    (b) 2, 3 and 4 only

    (c) 1 and 4 only

    (d) 1, 2, 3 and 4

    What is Benzene?

    • Benzene is a chemical that is a colourless or light yellow liquid at room temperature. It has a sweet odour and is highly flammable.
    • It evaporates into the air very quickly. Its vapour is heavier than air and may sink into low-lying areas.
    • It dissolves only slightly in water and will float on top of the water.

    Its formation and uses

    Benzene is formed from both natural processes and human activities.

    • Natural sources of benzene include volcanoes and forest fires. Benzene is also a natural part of crude oil, gasoline, and cigarette smoke.
    • Some industries use benzene to make other chemicals that are used to make plastics, resins, and nylon and synthetic fibres.
    • It is also used to make some types of lubricants, rubbers, dyes, detergents, drugs, and pesticides.

    Benzene emission

    • The major sources of benzene exposure are tobacco smoke, automobile service stations, exhaust from motor vehicles, and industrial emissions.
    • Benzene is present in both exhaust and evaporative emissions. Motor vehicles account for approximately 85% of the total benzene emissions.
    • However, ingestion and dermal absorption of benzene can also occur through contact with contaminated water.

  • How to grow better colleges

    The article highlights the important role students can play in improving the quality of colleges and institution in India.

    Improving the colleges

    • The global QS ranking is out and India has 12 universities and institutions in the top-100 in particular subjects.
    • We have many colleges offering higher education but typically they are not very good.
    • Today, with a huge number of students going to college, education is tied strongly to career prospects.
    • If studying and thinking harder do not lead to even a decent chance of career improvement, it is natural for most students to lose academic ambition.

    Career prospects in various colleges

    • For admission in IIT, many work extremely hard to secure admission, but then lose motivation and drift towards near-certain graduation.
    • IIT admission is a value signal to future employers who do not see much relevance in the actual syllabus.
    • The entry wall is high, the exit wall is low, and the four-year syllabus is an obstacle course between the student and an employer with whom eye contact was made from atop the entry wall itself.
    • Students of varied subjects thus remain uninterested in their core syllabi.
    • Lower-ranked colleges may attract a slightly different mix of employment prospects, some in core areas.
    • In many colleges, both good and bad ones, high grades correlate only loosely with career outcomes. 

    Improving the college

    • Very few jobs actually require the highest quality education — the best academic and research jobs.
    • In such a system, it may not be worthwhile or even practical for a mediocre college to unilaterally improve itself.
    • Having improved, it remains to convince society that it deserves to displace the pre-eminent colleges at the top.
    • For lower-ranking colleges to improve itself, its students must first see useful value in a better education.
    • That requires system-wide growth in opportunity.

    How to achieve system-wide growth in opportunity

    • Such growth cannot be legislated from above. It must occur organically, from below.
    • There are several stakeholders involved in such transition.
    • 1) At the top are policymakers.
    • Policymakers are trying and have achieved many things.
    • In recent years, however, our demographics have caught up with us.
    • We have more than 650 million people under age 25.
    • No other country is close. We need more than policies.
    • 2) Next is industry. It faces a learning curve for technology.
    • Countries that wish to lead must develop their own technology, even at high cost.
    • Indian industry can often choose between importing slightly older technology from outside or developing things in-house.
    • A slow growth in the latter has begun and may pull our college system upward over time.
    • 3) Our next stakeholders are college teachers.
    • For a college to flourish, it needs many students who compete to enroll.
    • Our entrance exams for good engineering colleges are hard.
    • Our nationally renowned degree colleges which admit based on board marks are frequently forced to set very high cutoffs.
    • The need for more engineering colleges, for many students who are clearly good enough, has led to the creation of several private colleges that teach well in large volumes.
    • Quality of teachers’ is improving.
    • College teachers improve as their employers aim higher, and as their students bring more into the classroom.
    • 4) Finally, we have students. If students demand better instruction, colleges will sooner or later supply it.

    Way forward for students

    • Students must aim to relate their learning to society.
    • They must see their learning not as an obstacle course but as an initiation into a process that yields tangible long-term value.
    • Indian society does not merely have people looking for work.
    • It also has work looking for people: Work in food, health, design, manufacturing, transport, safety, garbage, water, energy, farming, and a hundred other things that we can do better.
    • Room for improvement is plentiful, though the market models may not be efficient or mature yet.
    • The walls between our classrooms and our lives must be broken, if our colleges are to flourish.
    • In recent decades, India has also attracted much work from overseas. Growth in that direction may well be sustained.

    Consider the question “India has many colleges and institutions offering higher education but few could get the spot in the list of top global institutes. Examine the factors responsible for this. Suggest the measures to deal with this issue.”

    Conclusion

    Such change, driven by student aspirations, will be organic, bottom-up, and unstoppable.

  • The legacy and return of the Bamiyan Buddhas

    Two decades later after its destruction, the Bamiyan Buddhas have been brought back to life in the form of 3D projections in an event called “A Night with Buddha”.

    Bamiyan Buddhas

    • In their Roman draperies and with two different mudras, the Bamiyan Buddhas were great examples of a confluence of Gupta, Sassanian and Hellenistic artistic styles.
    • They are said to date back to the 5th century AD and were once the tallest standing Buddhas in the world.
    • Salsal and Shamama, as they were called by the locals, rose to heights of 55 and 38 metres respectively, and were said to be male and female.
    • Salsal means “the light shines through the universe”; Shamama is “Queen Mother”.
    • The statues were set in niches on either end of a cliffside and hewn directly from the sandstone cliffs.

    Try this PYQ from CSP 2014:

    Q.Lord Buddha’s image is sometimes shown with a hand gesture called ‘Bhumisparsha Mudra’. It symbolizes-

    a) Buddha’s calling of the Earth to watch over Mara and to prevent Mara from disturbing his meditation

    b) Buddha’s calling of the Earth to witness his purity and chastity despite the temptations of Mara

    c) Buddha’s reminder to his followers that they all arise from the Earth and finally dissolve into the Earth and thus this life is transitory

    d) Both the statements ‘a’ and ‘b’ are correct in this context

    The significance of Bamiyan

    • Bamiyan is situated in the high mountains of the Hindu Kush in the central highlands of Afghanistan.
    • The valley, which is set along the line of the Bamiyan River, was once integral to the early days of the Silk Roads, providing passage for not just merchants, but also culture, religion and language.
    • When the Buddhist Kushan Empire spread, acting as a crucible of sorts, Bamiyan became a major trade, cultural and religious centre.
    • As China, India and Rome sought passage through Bamiyan, the Kushans were able to develop a syncretic (mix) culture.
    • In the rapid spread of Buddhism between the 1st to 5th centuries AD, Bamiyan’s landscape reflected the faith, especially its monastic qualities.

    Taliban’s destruction of the Buddhas

    • The hardline Taliban movement, which emerged in the early 1990s, was in control of almost 90 per cent of Afghanistan by the end of the decade.
    • The destruction of the Bamiyan Buddhas was part of this extremist culture.
    • In February 2001, the Taliban declared its intention to destroy the statues, despite condemnation and protest from governments and cultural ambassadors’ world over.

    The aftermath of the destruction

    • The Taliban’s destruction of the Bamiyan Buddhas met with global criticism, many of whom saw it as a cultural crime not just against Afghanistan but also against the idea of global syncretism.
    • Following the fall, UNESCO included the remains in its list of world heritage sites in 2003, with subsequent efforts made to restore and reconstruct.

  • Lunar Polar Exploration (LUPEX) Mission

    India and Japan are working together on a joint lunar polar exploration (LUPEX) mission that aims to send a lander and rover to the Moon’s the South Pole around 2024.

    Try this PYQ from CSP 2020:

    Q.The experiment will employ a trio of spacecraft flying in formation in the shape of an equilateral triangle that has sides one million km long, with lasers shining between the craft.” the experiment in the question refers to?

    (a) Voyager-2

    (b) New horizons

    (c) LISA pathfinder

    (d) Evolved LISA

    LUPEX Mission

    • The LUPEX is a robotic lunar mission concept by the Indian Space Research Organisation (ISRO) and Japan Aerospace Exploration Agency (JAXA).
    • It would send a lunar rover and lander to explore the South Pole region of the Moon in 2024.
    • JAXA is likely to provide the under-development H3 launch vehicle and the rover, while ISRO would be responsible for the lander.
    • The mission concept has not yet been formally proposed for funding and planning.
    • The Lunar Polar Exploration mission would demonstrate new surface exploration technologies related to vehicular transport and lunar night survival for sustainable lunar exploration in Polar Regions.

  • [pib] 17 States implement One Nation One Ration Card System

    Seventeen (17) States have successfully operationalised the “One Nation One Ration Card system” with Uttarakhand being the latest State to complete the reform.

    Practice question for mains:

    The ‘One nation one ration card ‘scheme would bring perceptible changes to the lives of India’s internal migrant workers. Comment.

    One Nation One Ration Card

    • This scheme aims to ensure all beneficiaries, especially migrants get ration (wheat, rice and other food grains) across the nation from any Public Distribution System (PDS) shop of their own choice.
    • Under the existing system, a ration cardholder can buy food grains only from the fair price shop (FPS) in the locality where he or she lives.
    • It was also launched with the purpose that no poor person should be deprived of getting subsidised food grains under the food security scheme when they shift from one place to another.
    • It aims to reduce instances of corruption by middlemen and fraudulence in ration cards to avail benefits from different states.

    Who is eligible under this scheme?

    • Any citizen, who is declared under the Below Poverty Line (BPL) category, will be eligible to get the benefit of this scheme across the country.
    • The beneficiaries will be identified on the basis of their Aadhar based identification through the electronic point of sale (PoS) device.
    • All the PDS shops will have the facility of electronic PoS devices.

    Impact on states

    • The reform enables the States to better targeting of beneficiaries, elimination bogus/ duplicate/ineligible cardholders resulting in enhanced welfare and reduced leakage.
    • An additional borrowing limit of 0.25 per cent of the Gross State Domestic Product (GSDP) is allowed to the States only on completion of both of the following actions:
    1. Aadhar Seeding of all the ration cards and beneficiaries in the State
    2. Automation of all the FPSs in the State.

    Back2Basics: Public distribution system (PDS)

    • The public distribution system (PDS) is an Indian food Security System established under the Ministry of Consumer Affairs, Food, and Public Distribution.
    • PDS evolved as a system of management of scarcity through the distribution of food grains at affordable prices.
    • PDS is operated under the joint responsibility of the Central and the State Governments.
    • The Central Government, through the Food Corporation of India (FCI), has assumed the responsibility for procurement, storage, transportation and bulk allocation of food grains to the State Governments.
    • The operational responsibilities including allocation within the State, identification of eligible families, issue of Ration Cards and supervision of the functioning of FPSs etc., rest with the State Governments.
    • Under the PDS, presently the commodities namely wheat, rice, sugar and kerosene are being allocated to the States/UTs for distribution.
    •  Some states/UTs also distribute additional items of mass consumption through PDS outlets such as pulses, edible oils, iodized salt, spices, etc.

  • A case for a revamped, need-based PDS

    The article highlights the factors governing the food subsidy bill and suggests ways to reduce it.

    Growing food subsidy bill

    • The Economic Survey, tabled in Parliament in January, rightly flagged the issue of a growing food subsidy bill.
    • During 2016-17 to 2019-20, the subsidy amount, clubbed with loans taken by the Food Corporation of India (FCI) under the National Small Savings Fund (NSSF) towards food subsidy, was in the range of ₹1.65-lakh crore to ₹2.2-lakh crore.
    • In future, the annual subsidy bill of the Centre is expected to be about ₹2.5-lakh crore.
    • During the three years, the quantity of food grains drawn by States (annually) hovered around 60 million tonnes to 66 million tonnes.
    • The National Food Security Act (NFSA) 2013, covered two-thirds of the country’s population, this naturally pushed up the States’ drawal.
    • Based on an improved version of the targeted Public Distribution System (PDS), the law requires the authorities to provide to each beneficiary 5 kg of rice or wheat per month.

    How politics influenced the issue price

    • Economic Survey has hinted at an increase in the Central Issue Price (CIP).
    • Central Issue Price has remained at ₹2 per kg for wheat and ₹3 per kg for rice for years, though the NFSA, even in 2013, envisaged a price revision after three years.
    • What makes the subject more complex is the variation in the retail issue prices of rice and wheat, from nil in States such as Karnataka and West Bengal for Priority Households (PHH) and Antyodaya Anna Yojana (AAY) ration card holders.
    • In Tamil Nadu, rice is given free of cost for all categories; this includes non-PHH.
    • A mere increase in the CIPs of rice and wheat without a corresponding rise in the issue prices by the State governments would only increase the burden of States.
    • Political compulsions are perceived to be coming in the way of the Centre and the States increasing the prices.

    Relook at food subsidy system

    • An official committee in January 2015 called for decreasing the quantum of coverage under the law, from the present 67% to around 40%.
    • For all ration cardholders drawing food grains, a “give-up” option, as done in the case of cooking gas cylinders, can be made available.
    •  Even though States have been allowed to frame criteria for the identification of PHH cardholders, the Centre can nudge states into pruning the number of such beneficiaries.
    • As for the prices, the existing arrangement of flat rates should be replaced with a slab system.
    • Barring the needy, other beneficiaries can be made to pay a little more for a higher quantum of food grains.

    Consider the question “There is a pressing need for revamping the food subsidy system. In light of this, suggest the measures to improve the system.”

    Conclusion

    These measures, if properly implemented, can have a salutary effect on retail prices in the open market. A revamped, need-based PDS is required not just for cutting down the subsidy bill but also for reducing the scope for leakages. Political will should not be found wanting.

  • What is No-Confidence Motion?

    The no-confidence motion moved against the coalition government in Haryana was defeated.

    Motion of No-Confidence

    • If the government has to demonstrate its strength on the floor of the House, it can have a motion of confidence.
    • However, the opposition parties (or any member) can move a motion expressing want of confidence (no confidence) in the Council of Ministers.
    • The procedure is laid down under Rule 198 of the rules of procedure and conduct of the business of the Lok Sabha.
    • A no-confidence motion need not set out any grounds on which it is based.
    • Even when grounds are mentioned in the notice and read out in the House, they do not form part of the no-confidence motion.

    Try this PYQ:

    Consider the following statements regarding a No-Confidence Motion in India:

    1. There is no mention of a No-Confidence Motion in the Constitution of India.
    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

    Which of the statements given above is / are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Its procedure

    • A no-confidence motion can be moved by any member of the House.
    • It can be moved only in the Lok Sabha and not Rajya Sabha.
    • Rule 198 of the Rules of Procedure and conduct of Lok Sabha specifies the procedure for moving a no-confidence motion.
    • The member has to give written notice of the motion before 10 am which will be read out by the Speaker in the House.
    • A minimum of 50 members have to accept the motion and accordingly, the Speaker will announce the date for discussion for the motion.
    • The allotted date has to be within 10 days from the day the motion is accepted. Otherwise, the motion fails and the member who moved the motion will be informed about it.
    • If the government is not able to prove its majority in the House, then the government of the day has to resign.

    How is the voting done?

    These are the modes by which voting can be conducted:

    1. Voice vote: In a voice vote, the legislators respond orally.
    2. Division vote: In case of a division vote, voting is done using electronic gadgets, slips or in a ballot box.
    3. Ballot vote: The ballot box is usually a secret vote – just like how people vote during state or parliamentary elections.

    What happens if there is a tie?

    • Following the vote, the person who has the majority will be allowed to form the government.
    • In case there is a tie, the speaker can cast his vote.

  • Kerala HC restrains Centre over new IT Rules

    The Kerala High Court has restrained the Centre from taking coercive action against a legal news portal, for any non-compliance with Part III of the new IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    What was the petition?

    Three-tier mechanism

    • The petition said Part III of the rules imposed unconstitutional three-tier complaints and adjudication structure on publishers.
    • This administrative regulation on digital news media would make it virtually impossible for small or medium-sized publishers, such as the petitioner, to function.
    • It would have a chilling effect on such entities, the petition said.
    • The creation of a grievance redressal mechanism, through a governmental oversight body (an inter-departmental committee constituted under Rule 14) amounted to excessive regulation, the petitioner contended.

    Violation of free speech

    • The petitioner pointed out that Rule 4(2), which makes it mandatory for every social media intermediary to enable tracing of originators of information on its platform, violated Article 19(1)(a) (freedom of speech and expression).
    • It also deprived the intermediaries of their “safe-harbour protection” under Section 79 of the IT Act.

    Violation of Right to Privacy

    • The rules obligate messaging intermediaries to alter their infrastructure to “fingerprint” each message on a mass scale for every user to trace the first originator.
    • This was violative of the fundamental right of Internet users to privacy.