“Certain provisions of the Indian Constitution like President’s rule militate against the concept of co-operative federalism.” Critically comment.
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President’s Rule in Arunachal: Follow the evolving story of Politics and Propriety
President’s rule has been imposed in Arunachal Pradesh that’s been wracked by political turmoil. Congress has denounced it as murder of democracy. Matter has been challenged in supreme court and five judge constitutional bench will hear the challenge.
Take the opportunity to know more about various kinds of emergencies-
Indian Polity | A Quick Brush up with Our Emergency Provisions
Read the story of a Supreme Court Judgement that restored centre- state relations on even keel-
https://www.civilsdaily.com/the-case-that-changed-the-fate-of-presidents-rule/
Follow the evolving story of imposition of President’s rule in Arunachal Pradesh here-
https://www.civilsdaily.com/story/presidents-rule-is-it-failure-of-state-machinery/
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President’s Rule
The Case that changed the fate of President’s Rule
The indiscriminate use of President’s rule to thwart away the state governments who did not meet the ideology of Union led to the landmark verdict in the S.R. Bommai vs Union Of India, 1994, which curtailed the misuse of Article 356.
Article 356, what?
Under Article 356, the President can dismiss a State Government or dissolve a State Assembly or keep it under suspended animation in the event of a failure of the constitutional machinery in that State.
Lets know the background of the case, shall we?
In the 1970s & 1980s, it almost became common practice for the central govt. to dismiss state govts led by opposition parties.
- The Indira Gandhi regime and post-emergency Janata Party were noted for this practice.
- Indira Gandhi’s government between 1966-1977 is known to have imposed President’ rule in 39 times
(not states). - In 1989, Karnataka CM S.R. Bommai was denied an opportunity to test his majority in the Assembly by the Governor and his govt. was dismissed.
What do the Constitutional Experts have to say on Art. 356?
Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity.
- Dr. B R Ambedkar had envisaged that Art. 356 shall remain the dead letter in the Indian constitution.
- The Sarkaria Commission on central-state relations has recommended that Article 356 must be used very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.
What was the S.R. Bommai case?
S.R. Bommai vs Union of India, delivered in March 1994, had sharply limited the constitutional power vested in the Central Government to dismiss a State government.
SC established strict guidelines for imposing President’s rule. This case laid down the conditions under which State govts may be dismissed, and mechanisms for that process.
In terms of the legality of the imposition of President’s Rule in States under Article 356, the SC in this case overruled its own precedent in the case of State of Rajasthan v Union of India 1977 case.
Let’s briefly understand the State of Rajasthan v Union of India 1977 case
- SC held that the power of the President to impose President’s Rule is not above and beyond judicial review entirely.
- The court might insist on substantial evidence in support of the Centre’s charges against a state if the latter accuses the Centre of acting mala fide.
The Court in the Bommai case, narrowed down the circumstances and the manner in which such powers could be exercised.
What are conditions for the valid exercise Article 356?
There was a shift in constitutional jurisprudence as the principle of federalism was part of the basic structure of the Constitution, and this principle could only be deviated from in exceptional and extraordinary circumstances, i.e. where constitutional rule was not possible in the State.
- The majority enjoyed by the Council of Ministers(CoM) in the state shall be tested on the floor of the house and not subjectively decided by the Governor.
- Center shall give a warning and a time-period of 1 week to the concerned state.
- Courts cannot question the advice tendered by the CoM to the President, but court can scrutinizethe material basis of the satisfaction of President.
- Until the proclamation is approved by the Parliament, President shall not take any irreversibleaction, i.e. he should not dissolution of assembly.
- Courts have the power to reverse the actions of President, if the Art. 356 is used inappropriately.
- Art. 356 shall be used sparingly, otherwise it will destroy the constitutional balance between the Center & States.
Published with inputs from Pushpendra | Image: Frontline
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Temple Entry Movements
“Temple Entry Movements in India have mutated from being caste-based to gender-based.” Do you agree with the statement? Cite relevant examples to support your answer.
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GS1 – Women's Movements
“Women’s movements in India have come of age with more vocal assertion of their rights and identity. Comment in the light of contemporary women movements to gain entry into religious centres like Sabarimala.”
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The Batman of all IAS prep apps updated its game. Did you?
Hello readers,
We hope that all of you are on the latest version of the android app update! We have made things super cool, included night mode and notifications along with enriching our daily newscards with op-ed summaries and more back2basic cards.
So, if you haven’t embraced the batman yet, we would really, really request you to do so!
UPDATE THE APP & Give us a high 5!
With love,
Team Civilsdaily
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Dealing with Pakistan – Are you a Hawk or a Dove?
Terrorist attack on Pathankot airbase after PM Modi’s Birthday Diplomacy has once again brought to spotlight challenges of dealing with Pakistan. Successive governments have tried to engage pakistan. PM vajpayee’s Bus Yatra to Lahore, Manmohan-Musharraf talks, PM Modi’s shawl diplomacy at the swearing in ceremony are some of the examples. Successive govt have also failed in their attempts to normalise relations with Pakistan. Question remains as to, what should be the best way to deal with Pakistan?
In this article, we try to answer some of the pertinent questions related to India’s Pakistan policy through the perspective of dove and hawk.
Some strategic commentators like to point out that there is a pattern to attack. Every attempt by India to improve relations with Pakistan has evoked this kind of response.
- Lahore bus trip of Vajpayee was followed by Kargil attack.
- Parliament was attacked after failed Agra summit.
- When indian forces were deployed at border in response, attack at Kaluchak.
- After Musharraf manmohan talk ran into rough weather, Mumbai serial train bombing and 26/11.
- Ufa meeting was followed by Gurdaspur attack.
#1. Who are the elements within Pakistan who do not want normal relations between two countries?
Dove- Apart from jihadists, there are elements within the army who do not want any sort of movement towards any sort of rapprochement. But attacks do not necessarily imply that they were sanctioned by the top brass of Pak military.
Hawk- No evidence of split in Pakistani army. There may be differences of opinion but army remains a professional force controlled by army chief. Attackers must at least have the tacit approval of generals. Pakistani generals including Musharraf have been on record saying they use terrorists as instrument of state policy. This is part of their security doctrine.
#2. Are these attacks timed to prevent normalisation of relations?
Dove- Yes, certainly. Attackers do not want normal people to people relations. Pattern of their attacks bear testimony to this. They want to derail bilateral talks,
Hawk- They attack India to bring us to accept their agenda i.e. talk on Kashmir, Baluchistan etc. They believe,unless there’s terrorism, India won’t discuss the agenda Pakistan wants.
#3. What about talks? Should talks be cancelled?
Dove- There are no other options available and calling off the talk would be playing into the hands of terrorists. They should not be allowed to derail the peace process.
Hawk- Talks can not be an end in themselves. What is more important is what do we talk about? Pakistani generals have responded to all the concession given by PM in this manner. Now talk has to be on terror and terror only.
We also need to keep in mind, any talk with political establishment will not be successful until Pakistanis themselves are able to bring military on board
#4. If not talk, what are the other options?
Dove- Army is not a monolith,not everyone want bad relations with India. we should cultivate relations with the moderate elements within Pakistani establishment and civil society, create vested interests in favour of normal ties. War does not serve any purpose. There’s no alternative to talks.
Hawk- Only answer we have been able to devise to Pak provocation is to call off the talks.
Answer to low intensity warfare is low intensity warfare and it’s not bomb for bomb but emasculation of state structures. India should be prepared to hit pakistan where it hurts at the time and place of its choosing. There are so many internal fissures inside pakistan. We can exploit them.
#5. But wouldn’t unstable Pakistan be even more of a problem for India?
Dove- Destabilizing Pak doesn’t serve India’s interests. Creation of Bangladesh hasn’t necessarily helped our security. Instability there will lead to chaos which would spill over and would be disastrous for our security and other interests.
Hawk- Our problem is our fear that instability in Pakistan will harm us irreparably and our premise that stability of Pak is in our interest and the fond hope that political class and civil society will one day come up. If Baluchistan, frontiers were not there, what would remain is Punjab and it would be a weakened Punjab and its Punjab that’s creating problems.
Let’s not discuss whether a strong Pak is good for India, or weak Pak is good for India, of course no Pak is best for India.
#6. But why does Pakistan do it? What does it tell about the nature of Pak state?
Dove- Defiance is essential to ensure normal disparity never fully operate. Military obviously control its pak policy and elements within military and Jihadist groups carry out such attacks to maintain control over Pak society.
Hawk- It’s not a state with an army but army with a state. They have gone on a completely different trajectory. It is virtually becoming a theocratic state. Also there is deep criminalization of Pakistani state. Madrasas, jihadist groups, sectarian groups, organized crimes they have all become interlinked.
#7. What should India do to prevent such attacks?
Dove- Strengthen our own security. Carry on with talks to build positive momentum in bilateral relationship. Strengthen the hands of civilian govt there.
Hawk- Strengthen our security. Complete the fencing. Drug smuggling is rampant which can’t happen unless there is connivance on both sides. If smugglers can sneak through, so can terrorists.
We also need to improve our technical capabilities. They were using mobile phones and we were not even able to pinpoint exact locations.
We must also establish deterrence that mischief will be countered by robust action on the ground. Carrot and stick policy ie carrot of talk and stick of robust punishment on the ground.
#8. Can we carry out Myanmar like hot pursuit or operation like Neptune spear?
Dove- It will only escalate tensions and won’t be in the interest of either side. There would be too much pressure from international community. There’s vast difference in the capabilities of India and USA..
Hawk- We need to get rid of monkey of being a soft state off our back. If we so decide, we can undertake Myanmar like operation. There is a role of violence in state craft especially when we are dealing with very very violent actors.
#9. What about the role of international community, external pressure?
Dove- We are responsible member of international community. We should try to put pressure on Pakistan to stoop its territory from being used as launching pad for terrorism. We should not do anything that sully our image.
Hawk- Pakistan don’t feel any pressure, why do we feel pressure of international community! Everyone knows Pak is epicenter of terrorism yet Pak cleverly plays its card of being a nuclear armed state and gets away with everything.
Finally, something both dove and hawk agree on –
Fact remains that Pakistan will have to come to conclusion that good relations with India are in their own interest. It’s a society in deep crisis. Frankenstein monster has come to bite its own master. There is an urgent need of a civil society movement to overhaul the whole power equation and social structure of Pak society.
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Zika Virus Outbreak
Everything you wanted to know about Zika virus
The World Health Organization (WHO) expects that Zika virus, a mosquito-borne disease, spreading through the Americas, to affect between 3 million and 4 million people. Let’s analyse this in brief!
Where was the first Zika virus outbreak identified?
- Zika virus is an emerging mosquito-borne virus that was first identified in Uganda in 1947 in rhesus monkeys through a monitoring network of sylvatic yellow fever.
- It was subsequently identified in humans in 1952 in Uganda and the United Republic of Tanzania.
- Outbreaks of Zika virus disease have been recorded in Africa, the Americas, Asia and the Pacific.
Trivia : Do you know why is it called Zika Virus?
It was first isolated from Rhesus monkeys in Zika forest near Lake Victoria in Uganda.
Find Out why was Ebola virus named as such?
What makes this outbreak different?
- The current outbreak, the first ever in the western hemisphere, is a big deal for a number of reasons
- We now know that it’s not adults who have the most to lose but their unborn babies
- Microcephaly is a condition where a baby is born with an abnormally small head and brain defects
- Worldwide it affects only 1 in 30,000 to one in 250,000 newborns
- In Brazil there are usually a few hundred cases annually at most, but since October 2015, there have been 3,500 new microcephaly cases
But, what is microcephaly?
- Microcephaly is a rare condition where a baby has an abnormally small head.
- This is due to abnormal brain development of the baby in the womb or during infancy.
- Babies and children with microcephaly often have challenges with their brain development as they grow older.
- Microcephaly can be caused by a variety of environmental and genetic factors such as Downs syndrome; exposure to drugs, alcohol or other toxins in the womb; and rubella infection during pregnancy.
How does the Zika virus spread?
- Zika virus is transmitted to people through the bite of an infected mosquito from the Aedes genus, mainly Aedes aegypti in tropical regions
- This is the same mosquito that transmits dengue, chikungunya and yellow fever
- Zika virus disease outbreaks were reported for the first time from the Pacific in 2007 and 2013 (Yap and French Polynesia, respectively), and in 2015 from the Americas (Brazil and Colombia) and Africa (Cape Verde)
How bad is it now?
- As of January 23, 2016, the Zika virus has spread to 21 countries and territories of the Americas
- It’s speculated that the virus must have arrived in Brazil along with the throngs that swept in during the 2014 FIFA World Cup
- Things look so grim that governments of 4 South American countries are now advising women to not get pregnant until the situation is brought under control
- The WHO has predicted that the virus is likely to spread all over North and South America, except for Chile and Canada where the Aedes aegypti mosquito is not present
- The reason that the WHO thinks these countries are so susceptible is that their populations have not been exposed to the virus before and hence have no immunity
Is there a cure?
- No, there isn’t. There exists medication for symptomatic relief but these are quite useless now that we know about the microcephaly link
- Research on the Zika virus is still quite primitive
- Given its generic symptoms in adults, it’s very easy to miss or misdiagnose
- Moreover, the virus doesn’t seem to show effects in common lab animals like mice and rats. Getting monkeys is extremely tough because of restrictions on primate research
- Vaccine development and antiviral drug discovery efforts are on but this takes time, and with the Zika virus, we’ll be starting from scratch
Does Brazil have a way out?
- Brazil needs an immediate plan of action for more than one reason
- Rio de Janeiro is frantically spraying insecticides at the parade grounds where the annual carnival celebrations will commence soon
- In August, the city is due to host the Olympics
What about India?
- India is one of the Aedes aegyptis’s many homes but the Zika virus itself has not ever been detected in our country so far
- However, in a study in the 1950s, healthy individuals from 6 Indian states showed passive immunity to the virus
- This means that though their blood contained antibodies against the virus, this was not because they were exposed to the virus
- Usually passive immunity is acquired through vaccines, from mother-to-child transmissions or breast milk
- In the case of India, where the Zika virus is not known to exist, the antibodies probably arose from exposure to similar viruses
- Nevertheless, theoretically, Zika can spread anywhere that the mosquito exists
- That means India, too. Indians are just as susceptible if they travel to high-risk countries
Is there something more that you wanted to know which we did not answer yet? Drop in with your questions.
Published with inputs from Arun | Image - Outbreaknews
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Gloabalisation and Blizzards
The weather Gods also seem to have understood the meaning of Globalisation as it seems “Snowzilla’ is making its presence felt in Delhi. Between there is no connection in the Headline and the content of this article. It is just the same old MCQs:
1. Which of the following is/are correctly matched?
Ancient Town : Location
1. Ujjayini : Malwa
2. Pratisthana : Sothern Deccan
3. Tamralipti : Godavari Delta
4. Bhrigukachchha : Broach, Gujarat
Choose the correct alternative using the codes given below:
(a) 2 and 3 only
(b) 1 and 4 only
(c) 1 and 3 only
(d) 2 and 4 only2. Among the following, you are most likely to get caught in a Blizzard if you are visiting
(a) Perth
(b) Durban
(c) New York
(d) Santiago3. Consider the following statements:
1. Terrestrial Biodiversity declines as we move from the poles towards the equator.
2. Oceanic Biodiversity is much greater than the Terrestrial biodiversity.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 24. Which of the following type of climates is typified by a warm moist summer and a cool, dry winter?
(a)The warm temperate eastern margin climate
(b) The temperate continental climate
(c) The warm temperate western margin climate
(d) The Savanna climate5. Which of the following is/are correctly matched?
1. Unakoti Rock Carvings : Assam
2. Tombs of Ahom Kings, Charaideo : Tripura
3. Ancient Temples of Bishnupur : West Bengal
Choose the correct alternative using the codes given below:
(a) 3 only
(b) 1 and 3 only
(c) 1 and 2 only
(d) 1, 2 and 3 -
Start-up India, Stand up India : Wings to fly [Part II]
We have seen first part of Action plan for Start ups, now let’s see another part in brief!
Let’s see Funding Support and Incentives?
#Providing Funding Support through a Fund of Funds
- In order to provide funding support to Startups, Government will set up a fund with an initial corpus of INR 2,500 crore and a total corpus of INR 10,000 crore over a period 4 years (i.e. INR 2,500 crore per year) .
- The Fund will be in the nature of Fund of Funds, which means that it will not invest directly into Startups, but shall participate in the capital of SEBI registered Venture Funds.
- The funds of fund shall ensure support to a broad mix of sectors such as manufacturing, agriculture, health, education, etc.
#Credit Guarantee Fund for Startups
- To catalyse entrepreneurship by providing credit to innovators.
- In order to overcome traditional Indian stigma associated with failure of Startup enterprises in general.
- To encourage experimentation among Startup entrepreneurs through disruptive business models, credit guarantee comfort would help flow of Venture Debt from the formal Banking System.
#Tax Exemption to Startups for 3 years
- With a view to stimulate the development of Startups in India and provide them a competitive platform, it is imperative that the profits of Startup initiatives are exempted from income-tax for a period of 3 years.
- This fiscal exemption shall facilitate growth of business and meet the working capital requirements during the initial years of operations.
#Launch of Atal Innovation Mission (AIM) with SETU Program
To serve as a platform for promotion of world-class Innovation Hubs, Grand Challenges, Startup businesses and other self-employment activities, particularly in technology driven areas.
The Atal Innovation Mission (AIM) shall have 2 core functions:
- Entrepreneurship promotion –
Through Self-Employment and Talent Utilization (SETU), wherein innovators would be supported and mentored to become successful entrepreneurs and establishment of 500 Tinkering Labs.
- Innovation promotion –
To provide a platform where innovative ideas are generated.
Launch of Grand Innovation Challenge Awards for finding ultra-low cost solutions to India’s pressing and intractable problems
The main components proposed to be undertaken as part of the mission include:
#1. Setting up of 7 New Research Parks Modeled on the Research Park Setup at IIT Madras
- To propel successful innovation through incubation and joint R&D efforts between academia and industry
- The IIT Madras Research Park endeavors to enable companies with a research focus to set up a base in the Park and leverage the expertise of IIT Madras.
- Creating a collaborative environment between industry and academia through joint research projects and consulting assignments.
#2. Promoting Startups in the Biotechnology Sector
Department of Biotechnology endeavors to scale up the number of Startups in the sector by nurturing approximately 300-500 new Startups each year to have around 2,000 Startups by 2020.
The Department of Biotechnology shall be implementing the following measures along with its PSU Biotechnology Research Assistance Council (BIRAC) :
- Biotech Equity Fund – BIRAC AcE Fund in partnership with National and Global Equity Funds (Bharat Fund, India Aspiration Fund amongst others) will provide financial assistance to young Biotech Startups.
- Bengaluru-Boston Biotech Gateway to India has been formed.
- Letter of Intent has been signed between DBT, GoI and Department of IT, Government of Karnataka for the same.
Finally, can we expect Startup India will be the real boost for Make in India and Digital India Mission ? Let us know!
Would you like to give answer of this question!
#Q.Will the Start-up India campaign end up making India the start-up hub of the world? Critically comment.
Published with inputs from Arun


