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The Hindu Newspaper Analysis 12 November 2022

 

The Hindu Newspaper Analysis for UPSC

release of six life convicts
release of six life convicts

The Hindu Newspaper Analysis 11 November 2022

  • The Supreme Court on Friday ordered the immediate release of six life convicts who have been in prison for more than three decades in the Rajiv Gandhi assassination case. The six convicts are: Nalini, Ravichandran, Jayakumar, Suthenthiraraja (Santhan), Murugan and Robert Payas.
  • A Bench of Justices B. R. Gavai and B. V. Nagarathna noted that the Tamil Nadu State Cabinet had recommended their premature release to the Governor in September 2018.
  • The Governor, instead of taking a call, had passed on their files to the Centre. The Governor was bound by the advice of the Cabinet in cases of murder as their convictions under the now-lapsed Terrorism and Disruptive Activities (Prevention) Act was set aside by the top court.
  • The court ordered Perarivalan’s release exercising its extraordinary powers under Article 142 of the Constitution. The May judgment had concluded that the State of Tamil Nadu, and not the Union, had exclusive power to recommend remission in the case.

The Hindu Editorial Today

  • In its judgment in the Perarivalan case in May, the top 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.
  • It said the Governor’s delay to decide Perarivalan’s pardon for over two years compelled the court to employ its constitutional powers under Article 142 to do justice to him.
  • Article 142 provides discretionary power to the Supreme Court as it states that the Supreme 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.
  • Pardoning Power of President of India: Article 72:
    • The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence:
      • In all cases where the punishment or sentence is by a Court Martial;
      • In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
      • In all cases where the sentence is a sentence of death.
    • Thus, Article 72 empowers the President to grant pardons etc. and to suspend, remit or commute sentences in certain cases.
  • Pardoning Power of Governor: Article 161:
    • The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Pardoning Powers defined in the Constitution

  • Pardon: Means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
  • Commutation: It means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
  • Reprieve: It means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
  • Respite: It means reducing the quantum or degree of the punishment to a criminal given some special circumstances, like pregnancy, mental condition etc.
  • Remission: It means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.
Centre for withholding names
Centre for withholding names
  • The Supreme Court on Friday 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.
  • “The government neither appoints the persons nor communicates its reservation, if any, on the names… Keeping the names pending is something not acceptable,” a Bench led by Justice Sanjay Kishan Kaul observed.
  • History:
    • The Collegium of judges is the Supreme Court’s invention.
    • No mention in the constitution: It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
  • Pertains to:
    • It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution.
  • Judges appoint judges:
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
  • The ‘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.
  • The 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.
  • 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.
paddy straw to Kerala
paddy straw to Kerala
  • Punjab has agreed to supply paddy straw to Kerala for use as fodder for livestock as the dairy sector in the southern State faces an acute shortage of green fodder and hay.
  • The initiative is seen as a win-win situation for both States. While Kerala gets the much-needed fodder, it will help Punjab deal with excess paddy straw which contributes to stubble burning and air pollution.
  • The dairy sector in the Kerala – second only to Punjab in milk production – is a means of livelihood to lakhs of farmers. However, acute shortage of quality cattle feed and the relatively high prices are a major hurdle.
EWS
EWS
  • the Constitution’s most important promises — among them, the rights to equal treatment, personal liberty, and freedom of expression and religion — are couched in abstract language.
  • The amendment, introduced in early 2019, altered Articles 15 and 16 of the Constitution, and granted to the state a power to provide for up to 10% reservation in government jobs and educational institutions for “economically weaker sections of citizens [EWS]”.
  • The change also mandated that the seats reserved for EWS would only apply to citizens other than the classes that are already eligible for reservation. Hence, persons belonging to Scheduled Castes and Scheduled Tribes (SCs and STs) and persons who are not part of the creamy layer of the Other Backward Classes (OBCs) would not be allowed to occupy seats in the newly earmarked quota.
  • Since 1973, when a 13-judge Bench of the Supreme Court, delivered its ruling in Kesavananda Bharati vs State of Kerala, it has been clear that Parliament’s power to amend the Constitution is not plenary. The Court held there that the limitations on the amending power are both implicit in the Constitution and evident from the literal meaning of the word “amendment”. If the Constitution that emerges out of an amending process loses its original identity, the amending law will be deemed illegitimate. In other words, Parliament’s authority does not extend to damaging the basic structure of the Constitution.
  • First, that predicating reservation on individual economic status undermined the original logic of reservations. This logic, they claimed, was wedded to an understanding that affirmative action is necessary to undo, and make reparations for, structural inequalities inherent in society.
  • Second, the amendment is discriminatory because it excludes from EWS, SCs, STs and OBCs who are otherwise entitled to reservation through measures made under the extant provisions of Articles 15 and 16.
  • Third, some petitioners also argued that the amendment breaches the 50% cap on reservations that is now seen as an inviolable rule.
India’s institutions of higher education
India’s institutions of higher education
  • It is sad but not surprising why none of India’s institutions of higher education appears in the list of top 100 universities of the world. The fact is that the best universities in the world are flush with funds. Critically, they insist and get a great degree of academic, administrative and financial autonomy. Autonomy is regarded as a necessary and sufficient condition to attain excellence.
  • he 2023 edition of the 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.
  • Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime. 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.
  • 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.
  • The University Grants Commission (UGC) of India is a statutory body set up in 1956, and is charged with coordination, determination and maintenance of standards of higher education.
UGC’s decision
UGC’s decision
  • The UGC’s decision to remove the mandatory requirement of getting research papers published in peer-reviewed journals before submitting a PhD thesis is a bid to stem the unhealthy practice of many scholars paying substandard, predatory journals to publish their papers without sufficient review, which has weakened the quality of India’s doctoral education. Seen from this angle, the UGC’s move is indeed the right one.
  • The removal of a compulsory requirement is also in line with global regulatory standards.
  • To encourage students to publish in reputed journals even without a mandatory requirement from now puts the onus on university research advisory councils and doctoral supervisors to up their game.
foreign trade
foreign trade
  • The Government has quietly dropped the practice of releasing preliminary monthly merchandise trade estimates at the beginning of the month, and updating them two weeks later with ‘quick’ estimates.
  • The foreign trade numbers for October 2022 and beyond will be released by the middle of the next month, as was the practice till two years ago.
balance of payment
balance of payment
Caspian sea
Caspian sea

Q) Garuda-VII Air Exercise is a bilateral exercise between Indian Air Force (IAF) and:

  1. French Air and Space Force
  2. Royal Navy of United Kingdom
  3. German Air Force
  4. None of the above

गरुड़-VII वायु अभ्यास भारतीय वायु सेना (IAF) और के बीच एक द्विपक्षीय अभ्यास है:

  1. फ्रांसीसी वायु और अंतरिक्ष बल
  2. यूनाइटेड किंगडम की रॉयल नेवी
  3. जर्मन वायु सेना
  4. उपरोक्त में से कोई नहीं

Explanation :

The chiefs of Indian and French Air Forces recently joined the Air Exercise Garuda-VII in Jodhpur.

  • It is a bilateral exercise between Indian Air Force (IAF) and French Air and Space Force (FASF).
  • It provides a unique opportunity for both Air Forces to learn and imbibe each other’s best practices during operations while also highlighted the growing interoperability between the two Air Forces.
  • Ex Garuda-VII is also the first occasion for the light combat aircraft (LCA) Tejas and the light combat helicopter (LCH) Prachand to participate in any international exercise.
  • It includes four Rafale fighters and one A-330 multi-role tanker transport aircraft from the French side.
  • Apart from the LCA and LCH, the IAF contingent consists of Su-30 MK-I, Rafale and Jaguar fighter aircraft, as well as Mi-17 helicopters.

Q) With reference to the Neelakurinji, consider the following statements:

  1. It is a shrub prominently found in the shola forests of the Western Himalayas.
  2. The blue flowers of Neelakurinji blossoms only once in 12 years.

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

नीलकुरिंजी के संदर्भ में निम्नलिखित कथनों पर विचार कीजिएः

  1. यह पश्चिमी हिमालय के शोला वनों में प्रमुखता से पाई जाने वाली झाड़ी है।
  2. नीलकुरिंजी के नीले फूल 12 साल में एक बार ही खिलते हैं।

उपरोक्त में से कौन सा/से कथन सही है/हैं?

  1. केवल 1
  2. केवल 2
  3. दोनों 1 और 2
  4. न तो 1 और न ही 2

Explanation :

Neelakurinji largely bloomed on the Kallippara hills in Idukki, Kerala from the first week of October.

  • Scientific Name: Strobilanthes kunthianus.
  • Common Names: Neelakurinji; Kurinji.
  • Distribution:
    • It is a shrub prominently found in the shola forests of the Western Ghats.
    • Besides it is also seen in the Shevroys in the Eastern Ghats.
  • Blooming period: The blue flowers of Neelakurinji blossoms only once in 12 years.
  • Conservation: Core area of Kurinjimala Sanctuary, in Idukki district of Kerala, protects the kurinji.

Q) With reference to the National Population Register (NPR), consider the following statements:

  1. The first National Population Register was prepared in 2010 and updation of this data was done during 2015 by conducting door to door survey.
  2. It includes only Indian citizens.

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

राष्ट्रीय जनसंख्या रजिस्टर (एनपीआर) के संदर्भ में निम्नलिखित कथनों पर विचार कीजिएः

  1. पहला राष्ट्रीय जनसंख्या रजिस्टर 2010 में तैयार किया गया था और इस डेटा का अपडेशन 2015 के दौरान घर-घर जाकर सर्वेक्षण किया गया था।
  2. इसमें केवल भारतीय नागरिक शामिल हैं।

उपरोक्त में से कौन सा/से कथन सही है/हैं?

  1. केवल 1
  2. केवल 2
  3. दोनों 1 और 2
  4. न तो 1 और न ही 2

Explanation :

According to the Union Home Ministry Annual Report, there is a need to update the National Population Register (NPR) again to incorporate the changes due to birth, death and migration for which demographic and other particulars of each family and individual are to be collected.

  • The National Population Register (NPR) is a register of usual residents of the country.
  • It includes both Indian citizens as well as a foreign citizen.
  • According to the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003, a usual resident is a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more.
  • It is being prepared at the local (Village/sub-Town), sub-District, District, State and National level under provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003.

Timeline:

  • The first National Population Register was prepared in 2010 and updation of this data was done during 2015 by conducting door to door survey.
  • The next update of the NPR will take place next year from April to September 2020 in all the States/UTs except Assam along with the Houselisting phase of the Census 2021.

Q) Consider the following statements regarding Multidimensional Poverty Index (MPI).

  1. Multidimensional Poverty Index (MPI) is released by World Bank.
  2. The global MPI constructs on indicators spanning health, education and standard of living.
  3. The MPI ranges from 0 to 1, and higher values imply higher poverty.

Which of the above statements is/are correct?

  1. 1, 2
  2. 2 only
  3. 2, 3
  4. 1, 3

बहुआयामी गरीबी सूचकांक (एमपीआई) के संबंध में निम्नलिखित कथनों पर विचार करें।

  1. विश्व बैंक द्वारा बहुआयामी गरीबी सूचकांक (MPI) जारी किया जाता है।
  2. वैश्विक एमपीआई स्वास्थ्य, शिक्षा और जीवन स्तर के संकेतकों पर आधारित है।
  3. MPI 0 से 1 के बीच होता है और उच्च मान उच्च गरीबी का संकेत देते हैं।

उपरोक्त में से कौन सा/से कथन सही है/हैं?

  1. 1, 2
  2. केवल 2
  3. 2, 3
  4. 1, 3

Multidimensional Poverty Index (MPI):

  • The report produced by the United Nations Development Programme (UNDP) and the Oxford Poverty and Human Development Initiative (OPHI).
  • The global MPI constructs a deprivation profile of each household and person through 10 indicators spanning health, education and standard of living. All indicators are equally weighted within each dimension. The global MPI identifies people as multidimensionally poor if their deprivation score is 1/3 or higher.
  • The MPI is calculated by multiplying the incidence of poverty and the average intensity of poverty. The MPI ranges from 0 to 1, and higher values imply higher poverty.

Q) Consider the following statements.

  1. The Supreme Court under Article 142 of the Constitution can pass any order to carry out for doing complete justice being in the public interest, while upholding the Constitution of India.
  2. The concepts of faith, belief and worship as enshrined in the Preamble are the foundations of Articles 25 and 26 of the Constitution of India.

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

निम्नलिखित कथनों पर विचार करें।

  1. संविधान के अनुच्छेद 142 के तहत सर्वोच्च न्यायालय भारत के संविधान को कायम रखते हुए जनहित में पूर्ण न्याय करने के लिए कोई भी आदेश पारित कर सकता है।
  2. प्रस्तावना में निहित आस्था, विश्वास और पूजा की अवधारणाएं भारत के संविधान के अनुच्छेद 25 और 26 की नींव हैं।

उपरोक्त में से कौन सा/से कथन सही है/हैं?

  1. केवल 1
  2. केवल 2
  3. दोनों 1 और 2
  4. न तो 1 और न ही 2
  • The Preamble in the Constitution gives prominent importance to liberty of belief, faith and worship to all citizens.
  • The concepts of faith, belief and worship are the foundations of Articles 25 and 26 of the Constitution of India.
  • The Supreme Court under Article 142 of the Constitution can pass any order to carry out for doing complete justice being in the public interest, while upholding the Constitution of India.

Mains Practice Question:

Q) Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC 2021) (150 words)

संवैधानिक नैतिकता’ संविधान में ही निहित है और इसके आवश्यक पहलुओं पर आधारित है। प्रासंगिक न्यायिक निर्णयों की सहायता से ‘संवैधानिक नैतिकता’ के सिद्धांत की व्याख्या कीजिए। (यूपीएससी 2021) (150 शब्द)

Introduction:

  • Constitutional Morality is defined as the adherence to the principles of the constitutional values. It includes commitment to inclusive and democratic political process. According to Dr. Ambedkar, the concept of constitutional morality implied the harmonious interaction between the governing and governed.

Body

  • Though the term ‘Constitutional Morality’ is not found in the Constitution, nevertheless it is rooted in various facets of the Constitution, such as in:
  • Preamble (values like justice, liberty, equality and fraternity)
  • Fundamental Rights
  • Fundamental Duties
  • Directive Principles of State Policy
  • The doctrine of constitutional morality safeguards and upholds the enforcement of rule of law in the country. It recognizes this distinction and non-homogeneity and promotes diversity, helping to make the society more inclusive. It also promotes people to be an active participant of the system and fight the inequalities and non-constitutional elements.
  • The Supreme Court has been vocal about constitutional morality. To illustrate:
  • In the Krishnamoorthy case (2015), the Court held that democracy expects prevalence of genuine orderliness, positive propriety, dedicated discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance.
  • In Justice K.S. Puttaswamy case (2018), the SC held that constitutional morality ensures that courts must neutralise the excesses of power by the executive and strike down any legislation or even executive action if it is unconstitutional.
  • In the Government of NCT of Delhi case (2018), the Court equated constitutional morality to a ‘second basic structure doctrine’. It said that constitutional morality acts as a check on arbitrary use of power as it implies strict and complete adherence to the constitutional principles.
  • In the Indian Young Lawyer’s Association case (2018), commonly known as the Sabrimala case, the Supreme Court bypassed the doctrine of essentiality (the principle protecting the ‘integral’ religious practices of a community) to uphold the supremacy of constitutional morality.

Conclusion

  • Constitutional morality is crucial for constitutional laws to be effective. Without constitutional morality, the operation of the constitution tends to become arbitrary. However, the concept of constitutional morality need not be determined by the Supreme Court at every given instance. It is a sentiment that needs to be cultivated in the minds of citizens.

Mains Practice Question:

Q) “Earn while you learn scheme needs to be strengthened to make vocational education and skill training meaningful.” Comment. (150 Words)

“जब आप सीखते हैं तब कमाएं व्यावसायिक शिक्षा और कौशल प्रशिक्षण को सार्थक बनाने के लिए योजना को मजबूत करने की आवश्यकता है।” टिप्पणी। (150 शब्द)

UPSC Mains Result 2022

 

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