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

Civilsdaily

Login

GS Paper: GS2

  • Issues with nominated CM’s election

    • Maharashtra CM is yet to be nominated to one of the seats reserved for the Governor’s nominee in the state Legislative Council.
    • His current term in office approaches its end with a looming constitutional crisis.

    The discretionary powers of the governor have been subjected to various debates this year. Be it Karnataka, Maharashtra, MP or erstwhile J&K (under Lt. Governor) or the UT of Delhi.

    CM without Election

    • Maha CM took oath in accordance with Article 164(4).
    • The article states that a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
    • It follows that the Chief Minister must become part of the legislature before the said expiration of 6 months.

    Governors dilemma

    • A situation in which an individual who is not a member of the legislature becomes chief executive of the government is in itself fairly common.
    • But with the pandemic raging, a by-election cannot be held.
    • The only way to fulfil the requirement, therefore, is for a person to be nominated to the Upper House by the Governor.
    • If that does not happen, the Governor is obligated to make way for someone else to lead the coalition govt.
    • CM Uddhav Thackeray is likely to have had no problems becoming a member of the legislature had the pandemic not hit.

    What does the Judiciary have to say?

    • In S R Chaudhuri vs State of Punjab and Ors (2001), the Supreme Court had ruled that it would be subverting the Constitution to permit an individual, who is not a member of the Legislature.
    • Such a person should not be appointed a Minister repeatedly for a term of ‘six consecutive months’, without him getting himself elected in the meanwhile.
    • The practice would be clearly derogatory to the constitutional scheme, improper, undemocratic and invalid.

    Testing the nomination route

    • The nomination route for non-member Ministers is less common — but not unconstitutional.
    • In 1952, C Rajagopalachari was nominated as CM of Madras by Governor Sri Prakasa.
    • Under Article 171(5), the Governor can nominate “persons having special knowledge or practical experience in respect of. literature, science, art, co-operative movement and social service”.
    • Last month, the President nominated former Chief Justice of India Ranjan Gogoi to Rajya Sabha even though there were doubts about him meeting these prescribed qualifications.
    • Thackeray can be said to have a stronger claim in this regard — he is an ace wildlife photographer.
    • Moreover, as per the Allahabad High Court in Har Sharan Varma vs Chandra Bhan Gupta And Ors (February 15, 1961), even politics can be seen as ‘social service’.

    The role of the Governor

    • It has been argued that Section 151A of The Representation of the People Act, 1951, prohibits the filling of a vacancy if “the remainder of the term of a member in relation to a vacancy is less than one year”.
    • However, this cannot be a reason for the Governor to refuse nomination — because the bar is in respect of by-election to fill a vacancy, not nomination.
    • Of course, the Governor could argue that he is not obligated under the Constitution to act swiftly on the advice of the Council of Ministers; also, why should he nominate Thackeray only to save his chief ministership.

    A new issue for debate

    • It is important to note the extraordinary context — India is currently battling a health emergency of the kind not seen in the history of the republic.
    • Political uncertainty is the last thing that Maharashtra, which has the highest coronavirus caseload and death toll by far in the country, needs at this moment.

    The question of discretion

    • What are the limits to the Governor’s discretion in nominations is the matter of discussion now.
    • In Biman Chandra Bose vs Dr H C Mukherjee (1952) the Calcutta HC rejected the plea that none of the nine nominated members to the legislature fulfilled the required criteria and held that the Governor cannot use his discretion in nominating members to the Council.
    • He has to go by the aid and advice of the Council of Ministers.
    • Article 163(1) of the Constitution makes it clear that the Governor must follow the recommendations of the Council of Ministers in all situations “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion”.

    Case in Maharashtra

    • It can be argued that government is bound by the advice of the CoM only in executive matters as defined in Article 162 and since the nomination of members is not an executive power, he can act in his discretion.
    • However, it must be noted that under Article 169, while Parliament has the power to abolish or create a Legislative Council, it can pass such a law only after the state Assembly has passed a resolution to that effect.
    • Thus, the legislative power of the Assembly can be inferred from this provision.

    Also read:

    https://www.civilsdaily.com/news/role-of-governor-in-state-govt-formation/

  • No 100% quota for Scheduled Areas

    • A Constitution Bench of the Supreme Court held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.
    • The Bench was answering a reference made to it in 2016 on whether 100% reservation is permissible under the Constitution.

    Reservation in India is a system of affirmative action by the State that provides representation for historically and currently disadvantaged groups in Indian society in education, employment and politics. The 10% EWS quota this year has raised the inevitability for a possible mains question.

    No 100% quota

    • The apex court held that it is an obnoxious idea that tribals only should teach the tribals.
    • Merit cannot be denied in toto by providing reservation observed the judgement.
    • Citizens have equal rights, and the total exclusion of others by creating an opportunity for one class is not contemplated by the founding fathers of the Constitution of India.

    Invoking Indira Sawhney judgment

    • The court referred to the famous Indira Sawhney judgment (Mandal case- Indra Sawhney v. Union of India 1992), which caps reservation at 50%.
    • The court held that 100% reservation is discriminatory and impermissible.
    • The opportunity of public employment is not the prerogative of few.
    • A 100% reservation to the Scheduled Tribes has deprived SCs and OBCs also of their due representation.

  • SWAMITVA Scheme to map rural inhabited lands

    The Prime Minister has launched the Swamitva Scheme and e-Gramswaraj Portal & mobile app as a portal to prepare and plan Gram Panchayat Development Plans.

    Swamitva Scheme

    • SWAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
    • The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
    • The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
    • Property Cards will be prepared and given to the respective owners.

    Benefits

    • The scheme will create records of land ownership in villages and these records will further facilitate tax collection, new building plan and issuance of permits.
    • It will enable the government to effectively plan for the infrastructural programs in villages.
    • It would help in reducing the disputes over property.

    What is e-Gramswaraj Portal?

    • E Gram Swaraj portal is the official portal of central govt for the implementation of Swamitva scheme.
    • By visiting this portal people can check their Panchayat profile easily. It will also contain the details of ongoing development works and the fund allocated for them.
    • Any citizen can create his or her account on the portal and can know about the developmental works of villages.
    • The user of E Gram Swaraj portal can also access all work of the Ministry of Panchayati Raj.
    • This single interface will help speed-up the implementation of projects in rural areas from planning to completion.

  • Why US’s offer of financial aid to Greenland has angered Denmark?

    Context

    • The US had last year sent a proposal to “purchase” Greenland from the Nordic nation.
    • This proposal follows plans by the US government to open a consulate in Nuuk, Greenland’s capital.
    • This move is being considered to be “extremely provocative” interference by the US.

    Go for a detailed map reading of the Arctic region. It has been in news for several times this year.

    Why is the US opening a consulate in Greenland?

    • The US is opening a consulate in Greenland after nearly seven decades of closing its first consulate after the Second World War.
    • Russia has been steadily expanding its military presence in the Arctic and China has done its bit on the economic front.

    US’s interests in Greenland

    1) Domestic interest

    • The US claims that its aid is to ensure “sustainable growth” in the autonomous island.
    • It also cited Russia’s “aggressive behavior and increased militarisation in the Arctic” and China’s “predatory economic interests” as reasons for the decision.
    • The US acquiring new territory under Trump would appeal to the nationalistic and imperialistic views of Americans.
    • Acquiring Greenland would also secure Trump’s position in US history of having been the third president to add land to the country’s territory.

    2) Strategic interest

    • Due to climate change, the Arctic ice is melting at an accelerated rate, opening up water routes for military and maritime trade.
    • This is in addition to global superpowers and regional players vying for control over Greeland’s vast untapped natural resources.

    3) Economic interest

    • Greenland is also a resource-rich landmass, strategically located between the Arctic Sea and the Atlantic Ocean, with some of the largest deposits of rare-earth metals, including iron-ore, uranium, and by-products of zinc, neodymium, praseodymium, dysprosium and terbium.
    • These rare-earth metals are used in the production of electric cars, mobile phones and computers.
    • For the longest time, China has been the world’s largest supplier of these rare-earth metals and has expanded its acquisitory plans by excavating mines across the African continent.
    • An acquisition of Greenland would make the US less reliant on China for these rare-earth metals.
    • Greenland, as a part of the Arctic region, also has large deposits of undiscovered oil and gas, resources that the US always wants more of.

    The US obsession

    • Trump’s interest in Greenland is almost an extension of his world view and US foreign policy in his administration.
    • Purchasing another country or territory is unusual, but the US government has done this twice before.
    • Erstwhile President Thomas Jefferson acquired Louisiana from the French in 1803 and the second time when President Andrew Johnson purchased Alaska from Russia in 1867.

    Back2Basics: Greenland

    • Greenland is the world’s largest island located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago.
    • It is an autonomous territory within the Kingdom of Denmark.
    • Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe
    • The majority of its residents are Inuit, whose ancestors migrated from Alaska through Northern Canada, gradually settling across the island by the 13th century.

  • Issue of post-retirement appointments of the judges.

    The article discusses the issue of retired judges accepting government post after retirement. Such appointments have several implications. It undermines confidence in the independence of the judiciary. It also influence pre-retirement judgements delivered by the judges. The article also offers some solutions to this problem.

    The provisions in the Constitution to secure the independence of the judiciary

    • The Constitution has been conceived to provide a pride of place to the judiciary.
    • Constitutional appointees to the Supreme Court have been guaranteed several rights in order to secure their independence.
    • Salary: The salaries of judges and their age of retirement are all guaranteed in order to secure their independence.
    • Removal: They cannot be easily removed except by way of impeachment under Articles 124(4) and 217(1)(b).
    • They have the power to review legislation and strike it down.
    • They can also question the acts of the executive.
    • All this makes it clear that the framers of the Constitution envisaged an unambitious judiciary for which the only guiding values were the provisions of the Constitution.

    Issue of judges accepting post-retirement jobs

    • It was thought that on retirement from high constitutional office, a judge would lead a retired life.
    • Nobody ever expected them to accept plum posts.
    • But the clear demarcation between the judiciary and executive got blurred as many judges over the years began to accept posts offered by the government.
    • A few years ago, a former Chief Justice of India (CJI) was made a Governor by the ruling party.
    • Now, we have the case of a former CJI, Ranjan Gogoi, being nominated by the President to the Rajya Sabha and taking oath as Member of Parliament.
    • Pre-retirement judgements under cloud: During his tenure as CJI, Justice Gogoi presided over important cases such as Ayodhya and Rafale where all the decisions went in favour of the government.
    • This gave rise to the impression that his nomination was a reward for these ‘favours’.
    • Thus his appointment — and that too within a few months of his retirement — not only raised eyebrows but came in for severe condemnation from varied quarters.
    • Loss of confidence: People are fast losing confidence in the so-called independent judiciary.
    • In 2013 Arun Jaitley, who was also a senior Advocate, ironically said that legislature was creating post-retirement avenues for Judges in every legislation.
    • He also said that post-retirement job influences pre-retirement judgements.
    • It is in this context that the appointment of Mr Gogoi has to be perceived.

    Did Constitution makers intend to nominate Judges?

    • Mr Gogoi’s view that membership of the Rajya Sabha was not a job but a service, and that once the President nominated him the call of duty required him to accept it, only created the impression that the judiciary is pliant.
    • A bare reading of Article 80(3) of the Constitution only envisages the President to nominate “persons having special knowledge in literature, science, art and social service” as members to the Rajya Sabha.
    • It is difficult to imagine that the Constitution-makers had in mind a retired CJI when framing this provision.

    A direct question based on the issue can be asked, like “What are the implications of post-retirement appointments of the judges? Give suggestions to deal with this problem”.  So, take note of the various issues and their solutions discussed here.

    Way forward

    • If post-retirement appointments are going to undermine confidence in the judiciary and in a constitutional democracy.
    • Enact law or amend Constitution: It is time to have a law in place either by way of a constitutional amendment or a parliamentary enactment barring such appointments.
    • This is the only way to secure the confidence of the people and prevent post-retirement appointments.
    • Increase pension: Judges can be compensated by being given their last drawn salary as a pension.
    • Retirement age can be increased: Also, the age of retirement for judges can be increased by a year or two.
    • This will undo the damage caused by post-retirement jobs.

    Conclusion

    The appointments of persons who have held constitutional office will undermine the very constitutional values of impartiality in the dispensation of justice. So, enacting a law to bar such appointments or amendment to the Constitution would be the step in the right direction.

  • Highlights of the World Press Freedom Index, 2020

     

    India has dropped two places on a global press freedom index to be ranked 142nd out of 180 countries in the annual World Press Freedom Report.

    Press freedom  especially after the abrogation of Art. 370 in J&K was profoundly debated back then.  We can expect a mains question like-

    “Reasonable restrictions to the freedoms enjoyed by media are necessary while addressing the concerns of national security.  Critically comment.”

    World Press Freedom Index

    • The Press Freedom Index is an annual ranking of countries compiled and published by Reporters Without Borders.
    • It is based upon the organization’s own assessment of the countries’ press freedom records.
    • It intends to reflect the degree of freedom that journalists, news organisations, and netizens have in each country, and the efforts made by authorities to respect this freedom.
    • The report is partly based on a questionnaire which asks questions about pluralism media independence, environment and self-censorship, legislative framework, transparency, and infrastructure.

    Highlights on India

    • The report said that with no murders of journalists in India in 2019, as against six in 2018.
    • However, there have been constant press freedom violations, including police violence against journalists, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials.

    Global scenario

    • Norway is ranked first in the Index for the fourth year running.
    • India ranked better than its neighbours Pakistan (145) and Bangladesh (151), but worse than Sri Lanka (127) and Nepal (112).
    • China at 177th position is just three places above North Korea, which is at 180th.

    Various threats to press freedom

    • Across the world, press freedom is under pressure from aggressive authoritarian regimes.
    • The media is also facing a technological crisis, due to a lack of democratic guarantees and a democratic crisis following polarization and repressive policies, the report reads.
    • In addition comes a crisis of trust following growing suspicion and even hatred of the media, and an economic crisis and impoverishing of quality journalism.
    • Among other issues, the report has listed coordinated social media hate campaigns against journalists reporting on issues that “annoy right-wing followers”, criminal prosecutions to gag journalists critical of authorities and police violence against journalists.

  • [pib] VidyaDaan 2.0 Programme for e-learning content contributions

    The Union HRD Ministry has e-launched VidyaDaan 2.0 program for inviting e-learning content contributions.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet under the title various digital HRD initiatives.

    Add one more to this list.

    VidyaDaan

    • ‘Vidya Daan’ is a digital program to enable contributions to improve teaching & learning.
    • It encourages the sharing of high quality, curated, relevant & curriculum-linked digital content.
    • This program attempts to synergize countrywide developments in the field of education by providing schools all over India, from the Metro cities to the smallest villages with good quality e-content.

    How does it work?

    • VidyaDaan has a content contribution tool that provides a structured interface for the contributors to register and contribute different types of content (such as, explanation videos, presentations, competency-based items, quizzes etc.), for any grade (from grade 1 to 12), for any subject as specified by the states/UTs.

    About phase 2.0

    • The programme has been re-launched due to the increasing requirement for e-learning content for students especially in the backdrop of the situation arising out of COVID- 19.

  • Significance of Indian Ocean Commission for India

    India got an observer status at IOC (Indian Ocean Commission) in March. This article discusses the significance of IOC in the Western Indian Ocean. The IOC is also significant for India as India’s leadership is made clear in SAGAR (Security and Growth for All in the Region) which is “consultative, democratic and equitable”. There are things that India need to learn from IOC like-“bottom-up regionalism” and there are things that India can contribute to IOC like its expertise. These issues are discussed here.

    About Indian Ocean Commission (IOC)

    • Founded in 1982, the IOC is an intergovernmental organisation.
    • It comprises five small-island states in the Western Indian Ocean: the Comoros, Madagascar, Mauritius, Réunion (a French department), and Seychelles.
    • Though Réunion brings a major power, France, into this small-state equation, decisions in the IOC are consensus-based.
    • While France’s foreign policy interests are represented, the specifics of Réunion’s regional decision-making emerge from its local governance structures.
    • Over the years, the IOC has emerged as an active and trusted regional actor, working in and for the Western Indian Ocean and implementing a range of projects.

    Maritime security by IOC and India’s interests

    • More recently, the IOC has demonstrated leadership in the maritime security domain.
    • Since maritime security is a prominent feature of India’s relations with Indian Ocean littoral states, India’s interest in the IOC should be understood in this context.
    • However, India has preferred to engage bilaterally with smaller states in the region.
    • The IOC is a cluster of small states which do not seek a ‘big brother’ partnership.
    • The IOC has its own regional agenda.
    • The IOC has made impressive headway in the design and implementation of regional maritime security architecture in the Western Indian Ocean.

    MASE program and RMIFC to help maritime security

    • What is MASE program? The European Union-funded programme to promote Maritime Security in Eastern and Southern Africa and the Indian Ocean.
    • In 2012, the IOC was one of the four regional organisations to launch the MASE Programme
    • Under MASE, the IOC has established a mechanism for surveillance and control of the Western Indian Ocean with two regional centres.
    • RMIFC: The Regional Maritime Information Fusion Center (RMIFC), based in Madagascar, is designed to deepen maritime domain awareness by monitoring maritime activities and promoting information sharing and exchange.
    • The Regional Coordination Operations Centre (RCOC), based in Seychelles, will eventually facilitate joint or jointly coordinated interventions at sea based on information gathered through the RMIFC.
    • These centres are a response to the limitations that the states in the region face in policing and patrolling their often enormous Exclusive Economic Zones (EEZs).
    • They deliver an urgently needed deterrent against unabating maritime crime at sea.
    • Which was only partly addressed by the high-level counter-piracy presence of naval forces from the EU, the Combined Maritime Forces, and Independent Forces.
    • Seven states in the region have signed agreements to participate in this multilateral maritime security architecture, and once ratified, will provide its legal foundation.
    • Many major powers have expressed interest in accessing the RMIFC.

    In 2013, a question based on the “strings of pearls” was asked by the UPSC. In 2014 question with respect to the  South China Sea and the freedom of navigation was asked. On similar lines, a question can be asked from the Western Indian Ocean region dealing with maritime security. Such a question would require information about IOC.

    What India can learn from IOC?

    • The IOC’s achievements offer an opportunity for India to learn, and also to support.
    • The IOC style of ‘bottom-up regionalism’ has produced a sub-regional view and definition of maritime security problems and local ownership of pathways towards workable solutions.
    • A 2019 policy brief published by the IOC ‘Strengthening Maritime Security in the Western Indian Ocean’, sets out how the counter-piracy response off the coast of Somalia delivered unprecedented regional and international cooperation in the domain of maritime security.
    • However, it resulted in multiple players, the duplication of actions, and regional dependence on international navies.
    • The IOC has been seeking more sustainable ways of addressing maritime security threats in the region, with the RMIFC and RCOC as part of this response.
    • Its regional maritime security architecture is viewed locally as the most effective and sustainable framework to improve maritime control and surveillance and allow littoral States to shape their own destiny.
    • Moreover, with proper regional coordination, local successes at curbing maritime threats will have broader security dividends for the Indian Ocean space.

    How India can contribute?

    • Nearly all littoral states in the Western Indian Ocean need assistance in developing their maritime domain awareness and in building capacity to patrol their EEZs.
    • All would benefit from national information fusion centres that can link to those of the wider region.
    • With its observer status, India will be called upon to- 1. Extend its expertise to the region. 2. Put its satellite imagery to the service of the RMIFC. 3. Establish links with its own Information Fusion Centre.
    • As a major stakeholder in the Indian Ocean with maritime security high on the agenda, India will continue to pursue its interests and tackle maritime security challenges at the macro level in the region.
    • However, as an observer of the IOC, a specific, parallel opportunity to embrace bottom-up regionalism presents itself.
    • There are those in the Western Indian Ocean who are closely watching how India’s “consultative, democratic and equitable” leadership will take shape.

    Conclusion

    India, with its principles of leadership made clear in SAGAR has an opportunity to learn from and partner with IOC to reinforce the maritime security in the Western Indian Ocean.

  • What is ‘Milk Tea Alliance’?

    The ‘Milk Tea Alliance’ is an informal term coined by social media users which are highly trending these days.

    The term though in news without any institutional backing is gaining popularity. It clearly shows the public outrage against Chinese agressiveness in Taiwan and Hong-Kong.

    What is the ‘Milk Tea Alliance’?

    • Thai social media users began calling for the sovereignty of Taiwan and Hong Kong, extending support to the two countries.
    • This spurred social media users from other Southeast Asian countries to join the call, in a rejection of China’s influence in the region for its own diplomatic and economic gains.
    • The ‘Milk Tea Alliance’ is an informal term coined by social media users because in the region, tea is consumed in many nations with milk, with the exception of China.
    • Memes were formed showing flags of the countries in the “Milk Tea Alliance” with China as a lone outsider.

    What started this online war?

    • The online battle started with a Thai twitter post that questioned whether coronavirus had emerged in a laboratory in Wuhan.
    • There were some related tweets by pro-Taiwanese and Hong Kong people.
    • Pro-China social media users then began attacking Thailand for being a “poor” and “backward” nation and also hurled insults at the Thai king and the Thai prime minister.

  • [pib] ‘COVID India Seva’ platform for citizen engagement on COVID-19

    The Union Ministry of Health & Family Welfare has launched the COVID India Seva platform to establish a direct channel of communication with millions of Indians amid the pandemic.

    We can take this initiative as an example while answering mains questions like – “India’s fight against Coronavirus pandemic is a public movement at large. Discuss.”

    COVID India Seva

    • This initiative is aimed at enabling transparent e-governance delivery in real-time and answering citizen queries swiftly, at scale, especially in crisis situations like the ongoing COVID-19 pandemic.
    • Through this, people can pose queries @CovidIndiaSeva and get them responded to in almost real time.
    • @CovidIndiaSeva works off a dashboard at the backend that helps process large volumes of tweets, converts them into resolvable tickets, and assigns them to the relevant authority for real-time resolution.
    • The dedicated account will be accessible to people be it local or national in their scope.
    • The Ministry will respond to broader queries and public health information. This does not require the public to share personal contact details or health record details.