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  • Citizenship and Related Issues

    Explained: Doctrine of ‘Presumption of Constitutionality’

    Recently the Supreme Court declined urgent hearing on a plea seeking to declare the CAA as constitutional and said that there was already a “presumption of constitutionality” to a law passed by Parliament.  CJI has said that the court’s role was to examine the validity, and not declare a law constitutional.

    Doctrine of Presumption of Constitutionality

    • The term ‘presumption of constitutionality’ is a legal principle that is used by courts during statutory interpretation — the process by which courts interpret and apply a law passed by the legislature, such as Parliament.
    • In the 1992 Supreme Court case ‘ML Kamra v New India Assurance’, Justice K Ramaswamy said: “The court ought not to interpret the statutory provisions, unless compelled by their language, in such a manner as would involve its unconstitutionality.
    • The legislature of the rule making authority is presumed to enact a law which does not contravene or violate the constitutional provisions.
    • Therefore, there is a presumption in favour of constitutionality of a legislation or statutory rule unless ex facie it violates the fundamental rights guaranteed under Part III of the Constitution.
    • If the provisions of a law or the rule is construed in such a way as would make it consistent with the Constitution and another interpretation would render the provision or the rule unconstitutional, the Court would lean in favour of the former construction. ” (“ex facie” meaning ‘on the face’)

    When does this apply?

    • It is a cardinal principle of construction that the Statute and the Rule or the Regulation must be held to be constitutionally valid unless and until it is established they violate any specific provision of the Constitution.
    • Further it is the duty of the Court to harmoniously construe different provisions of any Act or Rule or Regulation, if possible, and to sustain the same rather than striking down the provisions out right.
    • The presumption is not absolute, however, and does not stand when there is a gross violation of the Constitution.

    Limitations to the doctrine

    • A three-judge Bench in ‘NDMC v State of Punjab’ (1996) spoke of the limitations to the doctrine.
    • The Bench observed that the Doctrine is not one of infinite application; it has recognised limitations.
    • The Court has consistently followed a policy of not putting an unnatural and forced meaning on the words that have been used by the legislature in the search for an interpretation which would save the statutory provisions.
  • Important Judgements In News

    Private Property is a Human Right: Supreme Court

    The right to property is a human right, the Supreme Court has recently ruled.

    What did the court say?

    • A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a recent judgment.
    • The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’.
    • Grabbing private land and then claiming it as its own makes the state an encroacher.
    • Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

    Adverse possession

    • A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years.
    • The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.

    Back2Basics

    Right to Property

    • The Constitution of India originally provided for the right to property under Articles 19 and 31.
    • Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property.
    • Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person whose property has been taken for public purposes.
    • The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.
    • A new provision, Article 300-A, was added to the constitution, which provided that “no person shall be deprived of his property save by authority of law”.

    What if one is deprived of his/her properties?

    • Thus, if a legislator makes a law depriving a person of his property, there would be no obligation on the part of the state to pay anything as compensation.
    • The aggrieved person shall have no right to move the court under Article 32.
    • Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly, the action can be challenged in a court of law by aggrieved citizens.
  • International Space Agencies – Missions and Discoveries

    Artemis Mission

    NASA wants to send the first woman and the next man to the Moon by the year 2024, which it plans on doing through the Artemis lunar exploration program. An Indian American astronaut named Raja Chari is set to accompany the crew in this mission.

    Artemis Mission

    • In 2011, NASA began the ARTEMIS (Acceleration, Reconnection, Turbulence, and Electrodynamics of the Moon’s Interaction with the Sun) mission using a pair of repurposed spacecraft and in 2012 the Gravity Recovery and Interior Laboratory (GRAIL) spacecraft studied the Moon’s gravity.
    • For the program, NASA’s new rocket called the Space Launch System (SLS) will send astronauts aboard the Orion spacecraft a quarter of a million miles away from Earth to the lunar orbit.
    • The astronauts going for the Artemis program will wear newly designed spacesuits, called Exploration Extravehicular Mobility Unit, or xEMU.
    • These spacesuits feature advanced mobility and communications and interchangeable parts that can be configured for spacewalks in microgravity or on a planetary surface.
  • Wildlife Conservation Efforts

    Kaziranga National Park

    Kaziranga, home of the world’s most one-horned rhinos, has 96 species of wetland birds — one of the highest for wildlife preserves in India.

    Kaziranga National Park

    • It is a protected area in the northeast state of Assam.
    • Spread across the floodplains of the Brahmaputra River, its forests, wetlands and grasslands are home to tigers, elephants and the world’s largest population of Indian one-horned rhinoceroses.
    • Much of the focus of conservation efforts in Kaziranga are focused on the ‘big four’ species— rhino, elephant, Royal Bengal tiger and Asiatic water buffalo.
    • The 2018 census had yielded 2,413 rhinos and approximately 1,100 elephants.
    • The tiger census of 2014 said Kaziranga had an estimated 103 tigers, the third highest population of the striped cat in India after Jim Corbett National Park (215) in Uttarakhand and Bandipur National Park (120) in Karnataka.
    • Kaziranga is also home to nine of the 14 species of primates found in the Indian subcontinent.
  • Port Infrastructure and Shipping Industry – Sagarmala Project, SDC, CEZ, etc.

    Places in news: Kolkata Port

    PM Modi has renamed the Kolkata Port Trust after Dr Syama Prasad Mookerjee, at an event to mark its 150th anniversary.

    History of Kolkata’s port

    • In the early 16th century, the Portuguese first used the present location of the port to anchor their ships, since they found the upper reaches of the Hooghly river beyond Kolkata, unsafe for navigation.
    • Job Charnock, an employee and administrator of the East India Company, is believed to have founded a trading post at the site in 1690.
    • Since the area was situated on the river with jungle on three sides, it was considered safe from enemy invasion.
    • After the abolition of slavery in the British Empire in 1833, this port was used to ship lakhs of Indians as ‘indentured labourers’ to far-flung territories throughout the Empire.
    • During World War II, the port was bombed by Japanese forces.

    Its administration

    • As Kolkata grew in size and importance, merchants in the city demanded the setting up of a port trust in 1863.
    • The colonial government formed a River Trust in 1866, but it soon failed, and administration was again taken up by the government.
    • Finally, in 1870, the Calcutta Port Act (Act V of 1870) was passed, creating the offices of Calcutta Port Commissioners.
    • In 1869 and 1870, eight jetties were built on the Strand. A wet dock was set up at Khidirpur in 1892. The Khidirpur Dock II was completed in 1902.
    • As cargo traffic at the port grew, so did the requirement of more kerosene, leading to the building of a petroleum wharf at Budge Budge in 1896.
    • In 1925, the Garden Reach jetty was added to accommodate greater cargo traffic. A new dock, named King George’s Dock, was commissioned in 1928 (it was renamed Netaji Subhash Dock in 1973).
    • In 1975, the Commissioners of the port ceased to control it after the Major Port Trusts Act, 1963, came into force.

    Significance

    • After Independence, the Kolkata Port lost its preeminent position in cargo traffic to ports at Mumbai, Kandla, Chennai, and Visakhapatnam.
    • The Kolkata port is the only riverine port on R. Hooghly in the country, situated 203 km from the sea.
    • The Farakka Barrage, built in 1975, reduced some of the port’s woes as Ganga waters were diverted into the Bhagirathi-Hooghly system.
  • Modern Indian History-Events and Personalities

    Person in news: Swami Vivekananda

    January 12 is the birth anniversary of Swami Vivekananda, the famous spiritual leader and intellectual from the late 19th century. In his honour, the government of India in 1984 declared his birthday as National Youth Day.

    Swami Vivekananda early life

    • Vivekananda was born in Kolkata on January 12, 1863, as Narendra Nath Datta.
    • From an early age, he nurtured an interest in Western philosophy, history, and theology, and went on to meet the religious leader Ramakrishna Paramhansa, who later became his Guru.
    • He remained devoted to Ramakrishna until the latter’s death in 1886.
    • In 1893, he took the name ‘Vivekananda’ after Maharaja Ajit Singh of the Khetri State requested him to do so, changing from ‘Sachidananda’ that he used before.
    • After Ramakrishna’s death, Vivekananda toured across India, and set after educating the masses about ways to improve their economic condition as well as imparting spiritual knowledge.

    The Chicago address

    • Vivekananda is especially remembered around the world for his speech at the Parliament of the World’s Religions in Chicago in 1893.
    • The speech covered topics including universal acceptance, tolerance and religion, and got him a standing ovation.
    • He began delivering lectures at various places in the US and UK, and became popular as the ‘messenger of Indian wisdom to the Western world’.

    Return to India

    • After coming back to India, he formed the Ramakrishna Mission in 1897 “to set in motion a machinery which will bring noblest ideas to the doorstep of even the poorest and the meanest.”
    • In 1899, he established the Belur Math, which became his permanent abode.

    His legacy

    • Through his speeches and lectures, Vivekananda worked to disseminate his religious thought.
    • He preached ‘neo-Vedanta’, an interpretation of Hinduism through a Western lens, and believed in combining spirituality with material progress.
    • ‘Raja Yoga’, ‘Jnana Yoga’, ‘Karma Yoga’ are some of the books he wrote.
    • An important religious reformer in India, Swami Vivekananda is known to have introduced the Hindu philosophies of Yoga and Vedanta to the West.
    • Subhas Chandra Bose had called Vivekananda the “maker of modern India.”
  • Human Rights Issues

    [op-ed of the day] Human rights are not solely an ‘internal matter’

    Context

    The human rights situation in Jammu and Kashmir following the dilution of Article 370 and the passage of the Citizenship (Amendment) Act (CAA) have brought renewed international focus on India’s human rights practice.

    Evolution of the modern Human Rights

    • Classical approach: Countries made agreements on the premise that a sovereign state had the exclusive right to take any action it thought fit to deal with its nationals.
      • No recognition of individuals’ rights:  Classic international law governed the conduct between states and did not recognise the rights of individuals.
    • The classical notion was challenged in the 19th century.
    • Modern Human Rights:  Slavery Convention adopted by the League of Nations prohibiting the slave trade heralded the first human rights treaty.
      • It was based on the principle of dignity of a human being.
    • The Universal Declaration of Human Rights: Adopted in 1948 by the United Nations, was the first comprehensive international human rights document.
    • The weakening of Unrestricted sovereignty: The evolution of international human rights law is also about the gradual weakening of the concept of unrestricted sovereignty.

    India and Human Rights

    • Unwarranted international scrutiny: The Indian government’s response to its human rights practice has always been that international scrutiny is unwarranted.
      • Why India claims so?: Since the country is the largest democracy in the world with an independent judiciary, free media, and an active civil society no international scrutiny is required.
      • Indian has always assured the international community that the judiciary (the SC) would provide adequate remedies to victims of human rights violations.
      • These claims sound less credible after the recent developments in J&K and the passage of the CAA.
    • Human rights and Discriminatory nature of CAA: Non–discrimination is a fundamental principle of human rights.
      • The Office of the High Commissioner for Human Rights (OHCHR) said that CAA is fundamentally discriminatory in nature”.

    Role of Civil Society and Media

    • Media’s questionable role: Responding to international concerns the Indian government also refers to the role of free media and civil society in protecting human rights.
      • However, the media’s role in J and K and after CAA is questionable.
    • Weakened Civil Society: The government has imposed various curbs on it since 2014.
      • It has become difficult for it to receive foreign contribution.
      • Use of FRCA: Since 2014, the government has canceled the registration of about 14,000 NGOs under the Foreign Contribution Regulation Act (FCRA).

    Conclusion

    • It is possible for the Indian government, due to its diplomatic clout, to avoid robust intervention by the UN Human Rights Council and other UN human rights mechanisms.
    • But it would be difficult to avoid scrutiny by the international community. So, the government must take steps to allay international concerns and avoid situations where it is seen as a violator of human rights.
  • Communicable and Non-communicable diseases – HIV, Malaria, Cancer, Mental Health, etc.

    [op-ed snap] Taking a holistic approach to dengue

    Context

    The advent of a new tetravalent vaccine against the dengue virus has thrown new light into the evidence-based management of dengue.

    Why the holistic approach is needed

    • Apart from promoting the use of the vaccine, gaining control over dengue will also require a holistic approach that has to include within its ambit vector control and proper case management.
    • Tetravalent vaccine: The vaccine is tetravalent i.e. it provides protection against all the four types of dengue viruses.
      • The vaccine confers about 80% protection to children vaccinated between 4 and 16 years of age without any major side effects.
    • Climatic factors: It is essentially a tropical disease that occurs in the countries around the Equator; hot weather and intermittent rainfall favour the sustenance of Aedes aegypti.
      • Aedes eggs can remain dormant for more than a year and will hatch once they come in contact with water.
    • Risk factors: Urbanisation, poor town planning, and improper sanitation are the major risk factors for the multiplication of such mosquitoes.
      • Aedes eggs can remain dormant for more than a year and will hatch once they come in contact with water.
      • Aedes mosquitoes cannot fly beyond a hundred meters. Hence, keeping the ambiance clean can help prevent their breeding.
      • Further, these mosquitoes bite during the daytime, so keeping the windows shut in the day hours is also useful.

    What needs to be done?

    • Source reduction activities: Activities like preventing water stagnation and using chemical larvicides and adulticides.
      • These chemicals need to be applied in periodic cycles to kill the larvae that remain even after the first spray.
    • Dealing with the manpower shortage: The number of skilled workers available for such measures is low; many posts in government departments remain vacant despite there being a dire public health need.
      • Due to this deficiency of manpower, active surveillance is not being done in India, says the National Vector Borne Disease Control Program.
    • Ending the Under-reporting: Dengue cases are often under-reported due to political reasons and also to avoid spreading panic among the common people. Under-reporting needs to be dealt with.
    • Increasing coordination: There is a lack of coordination between the local bodies and health departments in the delivery of public health measures.
      • A comprehensive mechanism is required to address these issues.
    • Need for epidemiological measures: Any communicable disease needs the epidemiological approach. Singapore uses one successful model of mapping and analysing data on dengue, using Geographical Information System (GIS).
      • The use of GIS involves mapping the streets with dengue cases for vector densities.
    • Emphasis on the WHO guidelines: Fluid management in the body is the cornerstone in the management of severe diseases like dengue hemorrhagic fever and dengue shock syndrome.
      • According to the guidelines, coagulation abnormalities are not due to a reduction in the number of platelets alone.
      • This is why the WHO recommends fresh whole blood or packed cell transfusion in the event of bleeding.
    • Caution in using alternative medicine drugs: Modern medicine is not against any complementary medicine; when such a medicine is approved after rigorous testing.
      • However, in the absence of evidence, the efficacy of such medicines remains in the realm of belief instead of science.
      • So, medicines like Nilavembu kudineer and papaya leaf extract are only belief based.

    Conclusion

    The communicable nature of Dengue and its asymptomatic nature requires the holistic approach to successfully tackle the disease.

     

  • J&K – The issues around the state

    [op-ed snap] Eloquently reticent: On validity of J&K curbs

    Context

    The SC verdict on the restrictions has some important takeaways.

    What the SC verdict means

    • Infinite ban on internet impermissible:  It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services. 
    • Section 144 and legitimate expression of opinion: The SC said that Section 144 of the Code of Criminal Procedure “cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights”.
    • No ruling on the Govt. actions: The disappointing aspect of the verdict is the court’s failure to give a ruling on the validity of the government’s actions.
      • The ruling fails to hold the government to account for the manner in which it exercised its powers.
      • It states categorically that an indefinite ban on the internet is impermissible, but fails to direct the restoration of services.
      • The SC does not go beyond directing the authorities to review all their orders and restrictions forthwith.

    The key takeaways from the verdict

    • Internet use constitutionally protected: The use of the Internet as a medium for free speech as well as for trade and commerce is constitutionally protected.
    • Test of proportionality: It also lays down that any reasonable restriction on fundamental rights, be it an Internet ban or a Section 144 order, will have to survive the test of proportionality.
      • The proportionality test means that is, the restriction should be proportionate to the necessity for such a measure.
      • At the same time, it cautions against the “excessive utility” of the proportionality doctrine in matters of national security.
    • No secret orders: The government is bound to publish all orders it passes regarding such restrictions so that they can be challenged in a court of law.
      • While the government’s stand that it could not produce all the orders on the restrictions imposed the SC did not strike them down on that ground.

    Conclusion

    The SC judgment, while laying down some important principles in a fundamental rights case, appears to have the character of an advisory opinion.

     

     

  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    Explained: The fundamentals of the Indian Economy

    PM Modi highlighted the strong absorbent capacity of the Indian economy while referring to certain fundamentals. He emphasized the strength of these basic fundamentals in absorbing the shocks of ongoing economic slowdown.

    What are the ‘fundamentals of an economy’?

    • The PM has reiterated a phrase of reassurance — underscoring the strong fundamentals of the Indian economy — that has been often used by policymakers in the past when the economy is seen to be faltering.
    • When one talks about the fundamentals of an economy, one wants to look at economy-wide variables such as the overall GDP growth, the overall unemployment rate, the level of fiscal deficit, the valuation of a country’s currency against the US dollar, the savings and investment rates in an economy, the rate of inflation, the current account balance, the trade balance etc.
    • There is intuitive wisdom in looking at these “fundamentals” of an economy when it goes through a tough phase.
    • Such an analysis, when done honestly, can give a sense of how deep the strain in an economy run.
    • It can answer the question whether the current crisis just an exaggerated response to a sectoral problem or is there something more “fundamentally” wrong with the economy that needs urgent attention and “structural” reform.
    • To be sure about the broader health of the economy, one looks at the broader variables. That way, one reduces the chances of getting the diagnosis wrong.

    Their relevance

    • The first advance estimates of national income for the current financial year, released earlier in the week, found that nominal GDP was expected to grow at just 7.5% in 2019-20.
    • This is the lowest since 1978. Real GDP is calculated after deducting the rate of inflation from the nominal GDP growth rate.
    • So, if for argument sake, the inflation for this financial year is 4%, then the real GDP growth would be just 3.5%.
    • Just for perspective, the Union Budget presented in July 2019 expected a real GDP growth of 8% to 8.5% and a nominal GDP growth of 12% to 12.5%, with a 4% inflation level.

    So, what is the current state of the fundamentals?

    The data on most variables that one may call as fundamentals of the Indian economy are struggling.

    • Growth rate — both nominal and real — has decelerated sharply; now trending at multi-decade lows. Gross Value Added, which maps economic growth by looking at the incomes-generated is even lower; and its weakness in across most of the sectors that traditionally generated high levels of employment.
    • Inflation is up but the consolation is that the spike is largely due to transient factors.
    • However, a US-Iran type of conflagration could result is a sharp hike in oil prices and, as such, domestic inflation may rise in the medium term.
    • Unemployment is also at the highest in several decades.According to some calculations, between 2012 and 2018, India witnessed a decline in the absolute number of employed people — the first instance in India’s history.
    • Fiscal deficit, which is proxy for the health of government finances, is on paper within reasonable bounds but over the years, the credibility of this number has come into question. Many, including the CAG, has opined that the actual fiscal deficit is much higher than what is officially accepted.
    • Bucking the trend, the current account deficit, is in a much better state but trade weakness continues as do the weakness of the rupee against the dollar; although on the rupee-dollar issue, a case can be made that the rupee is still overvalued and thus hurting India’s exports.
    • Similarly, while the benchmark stock indices have run up, and grabbed all attention, the broader stock indices like the BSE500 have struggled.

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