French President Emmanuel Macron announced the end of the decade-long Operation Barkhane in Africa’s Sahel Region.
Note the nations falling in Sahel Region.
Sahel Region
The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
What is Operation Barkhane?
France began its military operations in Sahel in January 2013.
Titled Operation Serval, it was limited to targeting Islamic extremists linked to al-Qaeda who took control of northern Mali.
However, in 2014, the mission was scaled up, renamed Operation Barkhane and was aimed at counter-terrorism.
The objective was to assist local armed forces to prevent the resurgence of non-state armed groups across the Sahel region.
Around 4,500 French personnel were deployed with the local joint counter-terrorism force.
In the recent EWS judgment by the Supreme Court, Three judges on the Constitution Bench said the policy of reservation in education and employment cannot continue for an indefinite period.
The statement made highlights the issue of reservations in India. Therefore, this edition of the burning issue will analyze the issue of reservations in India, its future, challenges and way forward.
About the Reservation Policy of India
Reservation is a system of affirmative action in India that provides for historically disadvantaged groups.
The legal origin of the Reservation Policy in India began with the lying down of the Government of India Act, of 1919, and the Communal award in 1932.
Post-independence, based on provisions in the Indian Constitution (Article 15, Article 16 and Article 335), it allows the Union Government and the States and Territories of India to set reserved quotas or seats, which lower the qualifications needed in exams, jobs openings, university admissions, scholarships, promotions, etc. for “socially and educationally backward citizens.
Reservation is primarily given to all 4 groups: Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Section, abbreviated as SC, ST, OBC, and EWS respectively. Originally only SC and ST communities were eligible for reservation.
In 1987, it was extended to include OBCs after the implementation of the Mandal Commission report. In 2019, the reservation was extended for the Economically Weaker Section within the General Category, however, all the categories mentioned receive different monetary values for their reservation: usually SC, and ST draws higher quota or benefits, then OBC, then EWS.
Constitutional provisions regarding the reservation
The Constitution of India lays down certain provisions regarding the reservation in India, namely:
Article 15(4) of the Indian Constitution states that the State has the right to make special provisions for the advancement of any socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.
Article 15(5) of the Indian Constitution states provisions created for the reservation of SC, ST, and Backward classes in private educational institutions.
Article 16(4) of the Indian Constitution states that the State has the right to make provisions for the reservation to provide adequate representation of all the castes in Government services.
Article 330 and 332 of the Indian Constitution provides for specific representation through the reservation of seats for SCs and STs in the Parliament and the State Legislative Assemblies respectively.
Current situation of reservations in India
Currently, Reservation is given to different categories of applicants in educational institutions or government jobs.
Scheduled Castes get 15%, Scheduled Tribe -7.5%, Other Backward Class (OBC) -27%, Economically Weaker Sections (EWS)-10%, and Persons with Benchmark Disabilities get 4% reservation.
From above, it is clear that 60% reservation is given to various categories such as SCs, STs, OBC, and EWS with respect to government jobs and educational institutions.
Initially, the reservation was provided based on social and educational backwardness. But, after the 103rd Constitutional Amendment of 2019, economic backwardness was also considered for reservation.
Every state has the right to reserve certain seats for underprivileged people. The state-wise distribution of reservations varies from state to state. For example, The total reservation in Maharashtra State was 52%, Tamil Nadu has 69% reservation etc.
The biggest debate related to Reservations: Should reservations continue?
Yes, it should!
The low representation of Reserved communities: According to data presented by the Education Minister in the Rajya Sabha, in Indian Institute of Science (IISc) Bengaluru, only 2.1 per cent of candidates admitted to the Ph.D. programs were from the ST category, 9 per cent were from SC and 8 per cent from OBC categories from 2016-2020. Most of the IITs do not have a single professor from the SC/ST community.
Still lack equal opportunity: Even though India is progressing, still there is a need to provide reservations to certain classes of society. It is the duty of the government to provide equal opportunity and status to unprivileged people. Even today many people belong to the lower caste and do not have access to equal opportunity and status.
Discrimination continuing: the real purpose of introducing reservation was to break the age-old caste prejudices and discrimination against the reserved communities. But, Even after years of independence, the lower caste people are looked upon in the same way they were some years ago. Great caste discrimination still exists in rural areas.
Gives a Level Playing field:Reservation provides a level playing field as it is difficult for the backward sections who were historically deprived of education, skills, and economic mobility to suddenly start competing with those who had access to those means for centuries.
Reducing opportunities for reserved community: since LPG reforms, the privatization of PSU and the education sector has led to reduced opportunities for the reserved communities due to a lack of reservation in the private sector hence reservations in public institutions seem to be a tool to compete with general category candidates.
The flip side. Reservation should not continue!
Causing a “race to backwardness”: the reservation policy has led to race among several new communities, even dominant regional caste groups to demand reservations in government jobs and educational institutions.
Becoming redundant: Reservation through a caste-based system has become redundant in the modern age and is taking away opportunities from those who are underprivileged in economical terms.
Strengthening casteism: Moreover, the reservation system only divides the society leading to discrimination and conflicts between different sections since it is oppressive and does not find its basis in casteism. It is promoting casteism in India.
Ever widening quotas: with new castes, categories and tribal communities being added to the list the beneficiaries of the reservations, the quantum of the reservation is increasing year by year, breaching the 50% quota limit set by SC in the Indira Sawney case.
Loss of original purpose of reservations: According to Surith Parthasarthy, Advocate Madras HC, the reservation policy today has lost its original purpose to end the prejudice against certain communities and correct historical injustice. But today it has become a tool to gain public employment and seats in public educational institutes.
Reservation is not a fundamental right: It is a settled law, time and again reiterated by the Supreme Court, that there is no fundamental right to reservation or promotion under Article 16(4) or Article 16(4 A) of the Constitution. Rather they are enabling provisions for providing reservation if the circumstances so warrant (Mukesh Kumar and Another vs State of Uttarakhand & Ors. 2020).
An inefficient system: TheJustice G. Rohini Commission’s report concluded that 97% of central OBC quota benefits go to just under 25% of its castes. As many as 983 OBC communities — 37% of the total — have zero representation in both central government jobs and admissions to central universities. Also, the report states that just 10% of the OBC communities have accrued 24.95% of jobs and admissions.
Opening pandora box: the reservation issue is giving rise to new challenges like the demand for caste census, the definition of creamy layers, reservation in the private sector, domicile-based reservations etc.
Important Supreme Court cases related to Reservations
Indra Sawhney Judgment (1992)
In the judgment, a nine-judge bench presided by CJI MH Kania upheld the constitutionality of the 27% reservation.
But it put a ceiling of 50% unless exceptional circumstances warranted the breach so that the constitutionally guaranteed right to equality under Article 14 would remain secure.
While Article 16(1) is a fundamental right, Article 16(4) is an enabling provision and not an exception.
Further, the Court directed the exclusion of the creamy layer by way of horizontal division of every other backward class into creamy layer and non-creamy layer.
M. Nagaraj (2006) Case
A five-judge bench of the Supreme Court declared the 1995 amendment as not vocative of the basic structure of the Constitution.
It laid down certain conditions which included the collection of quantifiable data showing the backwardness of the class and inadequacy of representation of that class in public employment.
The bench held that the creamy layer among SCs and STs is to be excluded from the reservation.
Jarnail Singh vs Lachhmi Narain Gupta (2018)
It was authored by Justice Rohinton Nariman and indicates a critical turn in the jurisprudence of reservation.
In this case, a constitutional bench of the Supreme Court was called on to examine the wisdom of the 2006 judgment.
This task was to examine the constitutionally recognized socio-economic backwardness of the SCs and STs which may not require any further substantiation.
It was also contended that the requirement to identify creamy lawyers among SC and STs fell foul of Indra Sawhney’s decision.
The constitution bench invalidated the requirement to collect quantifiable data in relation to SCs and STs.
It upheld the principle of applicability of creamy lawyers in relation to SCs and STs.
Dr. Jaishri Laxmanrao Patil vs Chief Minister (2021)
Despite the Indra Sawhney ruling, there have been attempts on the part of many States to breach the rule by way of expanding reservation coverage.
The Maharashtra Socially and Educationally Backward Classes Act 2018, (Maratha reservation law) came under challenge before the Supreme Court.
This case was referred to a bench of five judges to question whether the 1992 judgment needs a relook.
Interestingly, the Supreme Court affirmed the Indra Sawhney decision and struck down Section 4(1)(a) and Section 4(1)(b) of the Act which provided 12% reservation for Marathas in educational institutions and 13% reservation in public employment respectively.
This judgment gave out a strong message that some State governments blatantly disregard the stipulated ceiling on electoral gains rather than any exceptional circumstances.
What is needed right now- Reforms!
Evidence-based policy option: We need to develop a wide variety of context-sensitive, evidence-based policy options that can be tailored to meet the specific requirements of specific groups.
Institution: We need an institution like the Equal Opportunities Commission of the United States or the United Kingdom which can undertake two important but interrelated things: Make a deprivation index correlating data from the socio-economic-based census of different communities. And Undertake an audit on the performance of employers and educational institutions on non-discrimination and equal opportunity and issue codes of good practice in different sectors.
This will make the formulation of policy and its monitoring simpler at an institutional level.
Similar suggestions were made a decade ago in the recommendations that the expert committee for an Equal Opportunities Commission (2008) made in its comprehensive report that it submitted to the Ministry of Minority Affairs.
Conclusion
The policy of reservation can be fair and effective if it acts as affirmative action for the benefit of the backward sections of society. To meet the aim of the reservation policy, its aid should reach the majority of the population which is considered an underprivileged section of society.
In the present time, there is a need to revise the reservation policy of India so that the benefit can reach the marginalized sections of the deprived classes. But while revising the reservation policy, we must ensure that the benefit of the reservation should reach the socially, economically, and educationally backward sections of society. Social, educational and economic criteria should be taken cumulatively to determine the backward classes of the society.
As Justice Ravindran in the Ashok Kumar Thakur vs Union of India case rightly said, “When more people aspire for backwardness rather than of forwardness, the country itself stagnates”.
According to the QS World ranking: The 2023 edition of the Quacquarelli Symonds (QS) world university ranking reckons that three of India’s higher educational institutions amongst the top 200 of the World. Another three are counted among the top 300 whereas two more in the top 400.
As per the Times Higher education Ranking: The Times Higher Education (THE) ranking places only one Indian institution among the top 400 of the worlds.
Academic rankings: Rankings are the same with the Academic Ranking of World Universities (ARWU). Barring one of the most eminent public-funded deemed universities of the country, all the rest are Institutions of National Importance (INIs) the Indian Institutes of Technology (IITs), to be specific.
Why other universities reflect poor performance than IITs and INIs?
IITs have more autonomy: IITs are not only better funded but also generally self-governed, enjoying a greater degree of autonomy as they fall outside the regulatory purview of the University Grants Commission (UGC) and the All-India Council for Technical Education (AICTE).
Strict UGC regulations: Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime.
Micro-management of universities functioning: Abiding by UGC regulations and AICTE guidelines, encompasses almost all aspects of their functioning be it faculty recruitment, student admission and the award of degrees. In many cases, they are micro-managed by the regulatory authorities.
Very less autonomy to UGC affiliated Universities: Most of the universities have become so comfortable with the practice that they rarely assert their autonomy.
Ranking on basis of compliance: Central universities in the country are also ranked on the basis of their ‘obedience’ to regulatory compliances. Even in the academic domain, many of them are comfortable in publicly stating that they have adopted the model curricula, pedagogy and syllabi prescribed by the regulatory bodies, even though the same may have been only indicative.
What are the good practices of best universities around the world?
Importance to autonomy: The best universities in the world are continuously sensitized about the importance of their autonomy and are trained and enabled to make their own decisions.
University autonomy tool for comparison: The European University Association (EUA), for example, prescribes a ‘university autonomy tool’ that lets each member university compare its level of autonomy vis-à-vis the other European higher education systems across all member countries.
Four specific autonomies for ranking: By focusing on four autonomy areas (organizational, financial, staffing, and academic) the EUA computes composite scores and ranks all the countries in Europe.
What are the efforts taken to improve the universities performance?
National education policy 2020: A large number of commissions and committees, including the national policies on education (including the National Education Policy 2020), have highlighted the need for higher education autonomy. The new education policy seeks to completely overhaul the higher education system, and to attain this objective, repeatedly emphasizes the need for institutional autonomy.
Academic and administrative autonomy: The NEP regards academic and administrative autonomy essential for making higher education multi-disciplinary, and that teacher and institutional autonomy are a sine qua non in promoting creativity and innovation.
Independent board of management: The policy considers a lack of autonomy as one of the major problems of higher education and promises to ensure faculty and institutional autonomy through a highly independent and empowered board of management which would be vested with academic and administrative autonomy.
Light but tight regulation: It argues for a ‘light but tight’ regulatory framework and insists that the new regulatory regime would foster a culture of empowerment. Further, it goes on to say that by relying on a robust system of accreditation, all higher education institutions would gradually gain full academic and administrative autonomy.
Conclusion
Universities in India have been losing their autonomy. In the two years since the approval, announcement, and gradual implementation of the NEP, universities in India today are far less autonomous than earlier. If India wants to be leader in knowledge and patent economy then its universities must be freed from clutches of unreasonable regulations.
Mains Question
Q. Why Indian universities does poor on world ranking of universities? Autonomy of university is keystone to improve the performance of universities. Examine.
Defence-Expo 2022 held in Gandhinagar, Gujarat in October drew attention to a major policy initiative, the need for India to acquire the appropriate degree of “atma nirbharata” (self-reliance) in the defence sector and the arduous path ahead.
What is the present status of defence supplies in India?
High dependency on foreign supply: Even as India aspires to become a $5-trillion economy, it is evident that it faces many national security inadequacies. The high dependency index on foreign suppliers (traditionally the former USSR now Russia) for major military inventory items is stark.
Risk of National vulnerability: This dependency induces a macro national vulnerability and dilutes India’s quest for meaningful and credible strategic autonomy.
Undermining national interest: Furthermore, the current gaps in combat capacity expose the chinks in the Indian ability to safeguard core national security interests. The Galwan setback apropos China is illustrative.
Do you know the following examples of Indigenous defence production?
INS Vikrant: The commissioning of the indigenously-designed and built aircraft carrier INS Vikrant.
SLBM Missiles: The recent test fired SLBM (submarine-launched ballistic missile) from the INS Arihant is indigenously bulit.
LCH Prachand: The induction of the made in India Prachand LCH (light combat helicopter) is significant leap.
Kalashnikov-type light weapon: The conclusion of a deal with Russia to manufacture a Kalashnikov-type light weapon/small arms in India.
155mm artillery Gun: The 155-mm artillery guns being designed and manufactured in the country.
Current scenario of India’s Defence export
Rising defence export: India’s defence exports have grown eight times in the last five years.
Exporting the defence material to 75 nations: India is exporting defence materials and equipment to more than 75 countries of the world. In 2021-22, defence exports from India reached $1.59 billion (about Rs 13,000 crore).
Target of $5 billion export: The government has now set a target of $5 billion (Rs 40,000 crore).” This is an ambitious target and will demand mission-mode resolve to be realised.
Why our defence industry is not competitive at global stage?
Import of critical components: India does not yet have the domestic competence to fully design and manufacture any significant combat weapon/platform and is dependent on the foreign supplier for the critical components that lie at the core of the combat index of the equipment in question.
Partial methods of indigenous manufacturing: While it is commendable that India is now going to manufacture the C295 transport aircraft in a collaboration with AirBus, France, the reality is that the engine, avionics, landing gear, etc, will come from abroad and the integration will be done by the Indian entity.
Soft defence export: While India now claims that it will soon become a major arms exporter, the composition of such inventory leans towards the “soft” category (clothing, helmets, surveillance equipment).
No major defence manufacturing hub: India missed the industrial design and manufacturing bus, a national competence demonstrated by nations like South Korea and China, over the last five decades. Technological advances have made the design and manufacture of the semiconductor chip the new currency of national prosperity and military power.
Increasing the investment in R&D is necessary: At the heart of this challenge is the grim reality that historically, India has not invested enough in the national research and development (R&D) effort. As per data collated by the World Bank, India has been able to allocate only 0.66 per cent of GDP (2018) towards R&D, while the world average is 2.63 per cent.
Matching with the Global players in R&D: The comparable individual R&D allocation (per cent of GDP) for some other nations is as follows: Israel 5.44; USA 3.45; Japan 3.26; Germany 3.14; China 2.4; and Turkey 1.09.
Making the R&D prior national issue: Providing a sustained fillip to the national R&D effort across the board (state, corporate and academia) remains critical if India is to emerge as a credible military power and one would identify this as a high-priority issue for the national security apex the CCS (cabinet committee on security).
Read this news Defence- Expo 2022
India’s flagship exhibition on land, naval and homeland security systems.
Defence-Expo 2022 was the 12th edition, held in Gandhinagar, Gujrat
Largest participation with 75 countries so far.
A milestone under Atmanirbhar Bharat policy.
Conclusion
The push to achieve self-reliance in defence is commendable. India must step up R&D to achieve competence in design, manufacture of combat weapons/platforms. Meaningful indigenisation and credible “atma nirbharta” calls for sustained funding support, fortitude and an ecosystem that will nurture this effort.
Mains Question
Q. Discuss the current state of indigenous defence production in India? Why Indian defence industry is not Globally competitive?
Punjab has assured Kerala Government to provide paddy straw for usage as fodder for livestock using the Kisan Rail Project.
Why such move?
Kerala, being a land-stressed coastal state, does not generate enough roughage that can be used as fodder for cattle.
It ranks second in milk production after Punjab.
The move will help Punjab to deal with the excessive paddy straw which contributes to stubble burning.
About Kisan Rail Project
In the Union Budget 2020-21 an announcement was made by the Union Finance Minister regarding the launch of Kisan Rail.
The idea behind running Kisan Rail services is to move perishables including fruits, vegetables, meat, poultry, fishery and dairy products from production or surplus regions to consumption or deficient regions.
The speedy rail movement would thus ensure minimum damage during transit.
How can farmers transport their produce?
The farmers have to approach the Chief Parcel Supervisor of the Railway Stations from where the Kisan Rail service is scheduled to originate or to have enroute stoppage, along with their consignment.
Due care is taken to ensure that the packing condition is not faulty.
The consignment is weighed and charges are levied as per the prescribed parcel rates (P-scale).
Salient features
50 percent subsidy is given in freight for transportation of fruits and vegetables.
The subsidy is being borne by the Ministry of Food Processing Industries under their Operation Greens – TOP to Total scheme.
There is no minimum limit on quantity that can be booked, enabling small famers to reach bigger and distant markets.
Kisan Rails are based on the concept of multi commodity, multi consignor, multi consignee and multi stoppages – to help small farmers with lesser produce to transport their consignment without any middleman.
Need for such scheme
Farmers, especially small and marginal farmers, often find it difficult to sell their produce in markets beyond a certain distance.
This is primarily due to factors such as non-availability of affordable transport, delay in transit resulting in damage/decay to produce, and unwillingness of road transporters to carry small sized consignments.
Benefits provided
Access to markets: Vast network of Indian Railways enables farmers from remote villages to connect to the mainstream market and sell their agricultural produce.
Helps prevent food wastage: It saves times and encourages farmers to transport their perishables to greater distances and bigger markets.
Getting better deal for farmers: Kisan Rail is a factor enabling improvement in terms of trade for farmers and the real returns received by farmers for their produce.
Doubling farmers’ income: Access to such markets will enable farmers to sell their produce at a better price, which will go a long way in fulfilling Government’s vision of ‘doubling farmers’ income.’
The Supreme Court has lambasted the Centre for withholding names recommended or reiterated by the collegium for judicial appointments, even saying that the government is using silence and inaction as “some sort of a device” to force worthy candidates and prominent lawyers to withdraw their consent.
Why in news?
The Union Law Minister since few months has launched a relentless attack on the collegium system for lack of transparency.
What exactly is the Collegium System?
The collegium system was born out of years of friction between the judiciary and the executive.
The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
The Three Judges cases saw the evolution of the collegium system.
Evolution: The Judges Cases
First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
How does the collegium system work?
The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
The collegium can veto the government if the names are sent back by the latter for reconsideration.
The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
The procedure followed by the Collegium
Appointment of CJI
The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.
Way ahead
In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
Even the majority of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
The Supreme Court has ordered for the immediate release of six convicts who are serving life sentence for more than three decades in the Rajiv Gandhi assassination case.
What is the news?
The Bench referred to the case of their former co-convict G. Perarivalan, who was granted premature release by the apex court this year in exercise of its extraordinary powers under Article 142 of the Constitution.
What does Pardon mean?
A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.
Why need a Pardon?
Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.
What does Article 161 say?
Article 161 of the Constitution provides the Governor with the power to remit or commute the sentence of any prisoner.
The Governor’s decision will be subject to judicial review by the constitutional courts.
The advice of the State Cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.
Why did the Supreme Court intervene here?
In its judgment in the Perarivalan case in May, the apex court had held that the State Cabinet’s advice was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.
The Governor had no business forwarding the pardon pleas to the President after sitting on it for years together.
Back2Basics: Article 142
Article 142 provides discretionary power to the Supreme Court.
It states that the court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
Such decree shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.
It is usually used in cases involving human rights and environmental protection.
The United States’ Department of Treasury has removed India from its Currency Monitoring List. India had been on the list for the last two years for alleged manipulation of Rupee.
What is Currency Manipulation?
Currency manipulation refers to actions taken by governments to change the value of their currencies relative to other currencies in order to bring about some desirable objective.
It is a designation applied by the US Department of the Treasury, to countries that engage in what is called “unfair currency practices” that give them a trade advantage.
The typical claim – often doubtful – is that countries manipulate their currencies in order to make their exports effectively cheaper on the world market and in turn make imports more expensive.
Why do countries manipulate their currencies?
In general, countries prefer their currency to be weak because it makes them more competitive on the international trade front.
A lower currency makes a country’s exports more attractive because they are cheaper on the international market.
For example, a weak Rupee makes Indian exports less expensive for offshore buyers.
Secondly, by boosting exports, a country can use a lower currency to shrink its trade deficit.
Finally, a weaker currency alleviates pressure on a country’s sovereign debt obligations.
After issuing offshore debt, a country will make payments, and as these payments are denominated in the offshore currency, a weak local currency effectively decreases these debt payments.
US treasury’s criteria for currency monitoring
To be labelled a manipulator by the U.S. Treasury:
Countries must at least have a $20 billion-plus bilateral trade surplus with the US
foreign currency intervention exceeding 2% of GDP and a global current account surplus exceeding 2% of GDP
Which are the countries under this list?
China, Japan, Korea, Germany, Malaysia, Singapore, and Taiwan are the seven economies that are a part of the current Currency Monitoring List.
China’s failure to publish foreign exchange intervention and broader lack of transparency around key features of its exchange rate mechanism.
Differences in altitude make a primate species in the same Himalayan habitat choose between flowers and fruits as food options beyond their staple menu of leaves, a new study has revealed.
Himalayan Gray Langur
The Himalayan (Kashmir) Gray Langur or the Chamba Sacred Langur (Semnopithecus ajax) is a colobine, meaning leaf-eating monkey.
It is considered an endangered species in IUCN red list.
According to the Wildlife Protection Act, 1972, the langur is a protected species under Schedule II.
Globally, its population is estimated to be less than 1,500 mature individuals in 15-20 groups.
Protection measures
The Gray Langur was once considered a sub-species of the Semnopithecus entellus, commonly known as the Bengal Sacred Langur or Hanuman Langur, but it was separated as a species in 2005.
Two protected habitats of the species namely Machiara National Park and Dachigam National Park are located in politically disturbed areas.
Machiara National park is in Pak-Occupied Kashmir where there is very little scope for scientific inputs.
Try this PYQ:
Q.Which one of the following groups of animals belongs to the category of endangered species?
(a) Great Indian Bustard, Musk Deer, Red Panda, Asiatic Wild Ass
(b) Kashmir Stag, Cheetah, Blue Bull, Great Indian Bustard.
