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  • Fake News

    The Supreme Court has asked the Centre to explain its “mechanism” against fake news and bigotry on air, and to create one if it did not already exist.

    Discuss how Fake News affects free speech and informed choices of citizens of the country?

    What did the Centre say?

    • The media coverage predominantly has to strike a balanced and neutral perspective.
    • It explained that as a matter of journalistic policy, any section of the media may highlight different events, issues and happenings across the world as per their choice.
    • It was for the viewer to choose from the varied opinions offered by the different media outlets.

    What is Fake News?

    • Fake news is untrue information presented as news. It often has the aim of damaging the reputation of a person or entity, or making money through advertising revenue.
    • Once common in the print and digital media, the prevalence of fake news has increased with the rise of social media and messengers.
    • Political polarization, post-truth politics, confirmation bias, and social media have been implicated in the spread of fake news.

    Threats posed

    • Fake news can reduce the impact of real news by competing with it.
    • In India, the spread of fake news has occurred mostly with relation to political and religious matters.
    • However, misinformation related to COVID-19 pandemic was also widely circulated.
    • Fake news spread through social media in the country has become a serious problem, with the potential of it resulting in mob violence.

    Countermeasures

    • Internet shutdowns are often used by the government as a way to control social media rumours from spreading.
    • Ideas such as linking Aadhaar to social media accounts have been suggested to the Supreme Court of India by the Attorney General.
    • In some parts of India like Kannur in Kerala, the government conducted fake news classes in government schools.
    • The government is planning to conduct more public-education initiatives to make the population more aware of fake news.
    • Fact-checking has sparked the creation of fact-checking websites in India to counter fake news.

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  • Article 32 and the Supreme Court

    A Supreme Court bench headed by CJI has observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.

    Try this PYQ:

    Q.Which of the following is included in the original jurisdiction of the Supreme Court?

    1. Dispute between the Government of India and one or more States
    2. A dispute regarding elections to either House of the parliament or that of Legislature of a State
    3. A dispute between the Government of India and Union Territory
    4. A dispute between two or more States.

    Select the correct answer using the codes given below:

    (a) 1 and 2

    (b) 2 and 3

    (c) 1 and 4

    (d) 3 and 4

    What is Article 32?

    • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
    • It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
    • It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
    • The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
    • Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.

    Rights protected by A32

    • The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
    • Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.

    Types of Writs under it

    Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:

    1. Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
    2. Mandamus — directing public officials, governments, courts to perform a statutory duty;
    3. Quo Warranto — to show by what warrant is a person holding public office;
    4. Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
    5. Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
    • In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
    • When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.

    Supreme Court’s recent observations

    • The observation came during the hearing of a petition seeking the release of a journalist, who was arrested while reporting on an alleged gangrape and murder.
    • The court asked why the petitioners could not go to the High Court first.
    • In another case invoking Article 32, a Nagpur-based man was arrested for alleged defamatory content against Maharashtra CM, the same Bench directed him to approach the High Court first.

  • ‘Myths of Online Education’ Report

    The Azim Premji University has published the report titled “Myths of Online Education”, on the efficacy and accessibility of e-learning.

    We have studied the Impacts of COVID-19 on Education. https://www.civilsdaily.com/burning-issue-education-in-times-of-covid-19/
    This report provides decent data about the woes of online education and is easy to remember.

    About the study

    • The study was undertaken in five States across 26 districts and covered 1,522 schools. More than 80,000 students study in these government schools.
    • It examined the experience of children and teachers with online education.

    Highlights of the study

    • More than 60% of the respondents who are enrolled in government schools could not access online education.
    • Children with disabilities in fact found it more difficult to participate in online sessions.
    • 90% of the teachers who work with children with disabilities found their students unable to participate online.
    • Almost 70% of the parents surveyed were of the opinion that online classes were not effective and did not help in their child’s learnings.
    • 90% of parents of government school students surveyed were willing to send their children back to school.
    • The survey also revealed that around 75% of the teachers spent, on an average, less than an hour a day on online classes for any grade.

    Online classes are less effective

    • Teachers as well as students their expressed frustration with online classes.
    • More than 80% surveyed said they were unable to maintain emotional connect with students during online classes, while 90% of teachers felt that no meaningful assessment of children’s learning was possible.
    • Another hurdle that teachers found during the online classes was the one-way communication, which made it difficult for them to gauge whether students understood what was being taught.
    • Teachers also reported that they were ill-prepared for online learning platforms.

  • Governor’s inaction and judicial scrutiny

    The inaction by the Governor of Tamil Nadu on advice to free the convict has raised the possibility of judicial intervention due to undue delay.

    Inaction by Governor on advice

    • The Governor of Tamil Nadu has continued to withhold his decision on an application seeking pardon by one of the seven prisoners convicted in the Rajiv Gandhi assassination case.
    • In September 2018, the Supreme Court (SC) had observed, while hearing a connected writ petition, that the Governor should take a decision
    • The inaction by the Governor now has given rise to constitutional fault lines within the Executive arm of the government.

    Past judgements on pardoning power

    • In Maru Ram v. Union of India (1981)  Supreme Court held that the pardoning power “under Articles 72 and 161 of the Constitution can be exercised by the Central and the State Governments, not by the President or Governor on their own.”
    • The majority judgment had said that the “advice of the appropriate Government binds the Head of the State”.
    • Therefore, a Governor is neither expected, nor is empowered, to test the constitutionality of the order or resolution presented to her.

    Issue of delay in decision of mercy petition

    • Recently, the Supreme Court, had examined the inordinate delay by the President and the Governor — in taking decisions on mercy petitions.
    • The Supreme Court, in the case of Shatrugan Chouhan v. Union of India, laid down the principle of “presumption of dehumanising effect of such delay”.
    • The Supreme Court confirmed that the due process guaranteed under Article 21 was available to each and every prisoner “till his last breath”.

    Judicial scrutiny of the actions of Speakers

    • It was hitherto believed that the powers of the Speaker, holding a constitutional office and exercising powers granted under the Constitution, were beyond the scope of a ‘writ of mandamus’.
    • In the recent case of Keisham Meghachandra Singh v. Hon’ble Speaker (2020), the Supreme Court was asked to examine the Speaker’s inaction with regard to disqualification proceedings.
    • However, the apex court, referering to Rajendra Singh Rana v. Swami Prasad Maurya (2007), had confirmed its view that the “failure on the part of the Speaker to decide the application seeking a disqualification cannot be said to be merely in the realm of procedure”
    • Consequently, breaking years of convention, the SC set the time period of four weeks to decide the disqualification petition.
    • By doing so, the Supreme Court has indicated that it would not be precluded from issuing directions in aid of a constitutional authority “arriving at a prompt decision”.

    Consider the question “The undue delays and inactions by the constitutional functionaries threaten to widen the constitutional faultlines among the Executives. Comment.”

    Conclusion

    Instead of relying on the judicial intervention in the event of delays, it would be better to have a set time limit for arriving at decision by the constitutional judiciary.

  • 18th November 2020| Daily Answer Writing Enhancement

    Important Announcement:  Topics to be covered on 19th November

    GS-1 Indian Society and Diversity.

    GS-4 Ethics and Human Interface: Essence, determinants and consequences of Ethics in human actions.

    Question 1)

    There are no existing concrete estimates of the number of poor and depth of poverty in India. Reason for it and explain the measures which can be taken to measure the poor. 10 marks

    Question 2)

    Inordinate delay by the constitutional functionary in deciding certain matters has led to the judicial intervention and threatens to widen the constitutional faultiness. Critically examine. 10 marks

    Question 3)

    India faces an uphill task in maintaining its viability against highly competitive countries in Asia. In light of this, examine the challenges India faces in attracting the relocating supply chains in the wake of Covid pandemic. 10 marks

    Question 4)  

    Socrates is regarded as the founder of moral philosophy, Discuss the contributions of his moral heroism. 10 marks

    Reviews will be provided in a week. (In the order of submission- First come first serve basis). In case the answer is submitted late the review period may get extended to two weeks.

    *In case your answer is not reviewed in a week, reply to your answer saying *NOT CHECKED*. If Parth Sir’s tag is available then tag him.

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  • 2025 nutrition targets call for a multi-dimensional focus

    The article highlights the issue of nutrition and suggest the ways to achieve nutrition security in the country to drive sustainable growth for India.

    Nutrition in India

    • A recent United Nations report-  The State of Food Security and Nutrition in the World, 2020 highlighted that there are 189.2 million undernourished people in India.
    • Even though this number has declined by 60 million over the past decade, the progress is far too slow.
    • While we recorded a drop in undernourishment, obesity amongst Indian adults grew from 25.2 million in 2012 to 34.3 million in 2016.
    • India is likely to miss the 2025 global nutrition targets according to the Global Nutrition Report 2020, unless more is done, soon.

    Impact of POSHAN Abhiyan

    • With the launch of POSHAN Abhiyan in 2018, the government mainstreamed nutrition, with this multi-ministerial and multi-sectoral approach.
    • It converges all existing programs to improve the nutritional status of pregnant women, mothers and children.
    • It brings together several programs such as National Rural Health Mission, Mid-Day meals, Integrated Child Development Scheme, Sarva Shiksha Abhiyan, and others to improve nutrition intake in India.
    • The success lies in following an outcome based approach to ensure all the benefits under these interventions are delivered to mothers and children within the first 1000 days, setting the base for healthier lives.

    Micronutrients through food fortification

    • Food fortification is another effective way to deliver micronutrients to Indian masses, through existing food delivery systems such as mid-day meals and the public distribution system.
    • Regulators have already been promoting fortification in food products like salt, edible oil, milk, rice and wheat flour to improve nutritional content.
    • Going forward, we will see more and more food products and crops getting covered.

    Need for innovation

    • It is crucial for the food and beverage industry to make nutrition an integral part of their strategy.
    • Healthier ingredients, fortification, reformulation to reduce saturated and trans-fat content and optimize sugar and sodium content, immunity boosting product is already commonplace across urban markets.
    • This will soon permeate to rural markets.
    • Factors such as product taste, convenience, shelf life, and price – all of which determine consumption – are also important elements that ensure higher intake of nutritious products by consumers everywhere.
    • This calls for more innovation. Innovation in product, pricing, technology, digitalization, and research and development by food companies.

    Rising nutrition awareness

    • Solving the problem of malnourishment has to start with awareness.
    • In rural areas, general nutritional awareness has historically been lower.
    • In urban areas even though people are generally more aware a large percentage still consumes excess sugar and salt, leads sedentary lifestyles coupled with lack of exercise, resulting in lifestyle diseases like diabetes, obesity, high blood pressure
    • Consumers everywhere need to be better educated about nutritional benefits of common food items and the importance of including them in regular diet.
    • This can be done effectively through government led awareness campaigns and healthy public food distribution initiatives, industry acting responsibly.

    Conclusion

    Good nutrition is the best investment we can make in human capital. It has the power to drive sustainable economic growth for India.

  • Challenges from the RCEP despite staying out of it

    India’s challenges from RCEP didn’t end by staying out of it. Remaining out of the RCEP has several implications for India. This article discusses such challenges.

    What RCEP mean for the region

    • The RCEP was finally signed by its 15 members on the sidelines of the Asean Summit last week without India.
    • This would make it a trade deal that includes the ten Asean economies, and all of Asean’s bilateral FTA partners, except India.
    • It would create new market access for China and Japan-the two largest economies of the group.
    • China, Japan and Korea were negotiating a trilateral trade pact, which now might become inconsequential following RCEP.
    • In this respect, RCEP would actually produce much greater market access outside of the Asean, among non-Asean members China, Japan and Korea.
    • Asean’s specific market access gains would be over and above those that are already available through various Asean+1 FTAs.
    • Additional market access gains would be more with respect to China, in terms of the additional tariff coverage and concessions that RCEP would provide.

    Implications for China

    • Apart from the additional preferential access it obtains, it is also able to pull off strategic dividends.
    • As the RCEP proceeds, it would establish China’s decisive say in writing the rules of trade in the region through the RCEP.
    • And this is precisely what the US would be wary of.

    Implications for the U.S.

    • President Obama had pitched the Trans-Pacific Partnership (TPP) as an obvious and essential alternative for counterbalancing Chinese strategic domination of the regional trade game.
    • The US was taken out of the TPP by President Trump.
    • The remaining members managed to salvage the deal, largely due to the spirited leadership provided by Japan and Australia.
    • While the TPP survives as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).
    • But CPTPP is incapable of being a strategic counterweight to China, and the RCEP.
    • Nothing other than a CPTPP that includes the US would be able to counterbalance China in economic size and strategic clout.

    Way forward

    • The Quad—a security partnership between the US, Japan, India and Australia—is looking to expand beyond defence and assume broader strategic proportions.
    • Geopolitics is contributing significantly to the construction of economic alliances, including the reorganisation of regional supply chains.
    • Due to these factros, search for an Indo-Pacific trade and economic compact is likely to hasten following the conclusion of RCEP.
    • Following RCEP, and the almost non-existent possibility of returning to its fold, India too, might find itself working actively on moving towards an Indo-Pacific trade deal.
    • The RCEP, which has a sizeable number of key Indo-Pacific economies like Japan, Australia, Korea, Vietnam and Indonesia, would need to stick to these countries to stick to the trade agreement after its ratification.

    Conclusion

    RCEP might actually force the U.S to look at returning to CPTPP much more proactively than it might have imagined. It would also, expectedly, look at India to join the bloc. That would be another challenge to navigate. India’s challenges from the RCEP might have increased in spite of staying out of it.

  • 17th November 2020| Daily Answer Writing Enhancement

    Important Announcement:  Topics to be covered on 18th November

    GS-1 Population and associated issues, poverty and developmental issues. 

    GS-4 Moral thinkers

    Question 1)

    “It was a strong belief of Mahatma Gandhi that in the non-violent struggle of Swaraj, the women of India can leave behind men by a mile.” Comment. 10 marks

    Question 2)

    Regional Comprehensive Economic Partnership was signed recently without India being part of it. What are the implications of it for India? What are the alternatives India could explore the deal with the implications? 10 marks

    Question 3)

    In order to integrate India as a pivotal part of this modern economy, there is a strong need to step up our manufacturing capabilities. In light of this, examine the role Production Linked Incentive Scheme could play in boosting manufacturing in India. 10 marks

    Question 4)  

    Examine the causative factors and circumstances that lead to conflict of interest for a public servant and suggest ways to resolve them. 10 marks

    Reviews will be provided in a week. (In the order of submission- First come first serve basis). In case the answer is submitted late the review period may get extended to two weeks.

    *In case your answer is not reviewed in a week, reply to your answer saying *NOT CHECKED*. If Parth Sir’s tag is available then tag him.

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  • Needed, a policy framework in step with technology

    The changing realm of technology requires a change in the policy framework. The article discusses the issue of the impact of technology and the required changes in the policy framework.

    Adoption of information-based technologies

    • The expansion of computing power has driven the pace of information gathering and analysis.
    • The new currency drives processes and decision-making across a wide array of products and services, making them more efficient and value accretive for consumers.
    • These information-based technologies have been widely adopted across a broad range of industries and products that traditionally have not been perceived as electronic or software based.
    •  A modern automobile has 40% of its component value from electronic-based products.
    • This is a paradigm shift as the amount of “value add” from intangible technology services as opposed to physical objects, even in traditional goods, is being transformed by information.
    • Information and electronics are becoming all-pervasive, ensuring that we set boundaries to control quality or the uptime of the equipment.
    • Information availability drives efficiency and creates value for customers by providing greater control over the product
    • There is increasing digitisation and electronification of industrial activities, products and services, influencing the evolving skill sets in industry.

    Need for holistic views in policies

    • To address the needs of various stakeholders, governments have tended to build specialised departments and designed policies that govern those areas.
    • Over time, as each of these departments grew, they have tended to operate in silos.
    • The recent developments in technology have, however, blurred standard boundaries that dictate policy framework in most governments.
    • As technology is driving an increasing share of the value add coming from digitisation and data analytics, there needs to be a way of encouraging capital formation by way of intangibles in traditionally tangible industries.
    • There is a need to have a holistic view of policies for economic development as technology is becoming a significant enabler in most industries.
    • A change in policy framework regarding economic development that enables various ministries to work together is essential.

    Way forward

    • A nourishing ecosystem for industry, including the hard infrastructure and softer areas such as education, skilling, technical institutions, laboratories, testing centres, etc., has to be cultivated.
    • The creation of clusters of companies in adjacent but complementary areas could constitute such an ecosystem that encourages multi and cross-disciplinary learning and spur innovation and economic development.
    • Moreover, this type of ecosphere could also attract investment and capital formation.
    • There is also the larger issue of a shift of value between manufacturing and services as technology changes.
    • The policy, by and large, promotes and gives incentives for manufacturing, whereas the share of intangibles are not adequately covered in industrial policies.
    • It is important to include these to encourage innovation and technological development.
    • It is important that there is close cooperation and alignment between the Centre and State to ensure effective implementation on the ground.

    Conclusion

    Some of these thoughts could help us navigate through an ecosystem that is changing with technology.

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