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Current Affairs 22nd July 2023 for UPSC Prelims Exam

Current Affairs 22nd July 2023 for UPSC Prelims Exam

Eighth Schedule of the Constitution

Context: The Supreme Court has said that it cannot direct the Centre to include Rajasthani as an official language in the Eighth Schedule of the Constitution.

About Eighth Schedule of the Constitution

  • Definition: The Eighth Schedule to the constitution of India lists the official languages of India.
    • Although there are hundreds of languages spoken across the country, the eighth schedule recognizes a total of 22 languages as the official languages.
    •  While 14 of these languages were included in the constitution at first, the rest of the languages were added to the constitution through subsequent amendments.
  • Articles: The Constitutional provisions relating to the Eighth Schedule occur in articles 344(1) and 351 of the Constitution.
    • Article 344(1): It provides for the constitution of a Commission by the President on expiration of five years from the commencement of the Constitution and thereafter at the expiration of ten years from such commencement.
    • Article 351: It provides that it shall be the duty of the Union to promote the spread of the Hindi language to develop it so that it may serve as a medium of expression for all by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule.
  • Criteria for Inclusion in Eighth Schedule:
    • There are no fixed criteria for consideration of any language for inclusion in the Eighth Schedule to the Constitution.
    • As the evolution of dialects and languages is a dynamic process, influenced by socio-cultural, economic and political developments, it is difficult to fix any criterion for languages for inclusion in the Eighth Schedule to the Constitution.
    • The attempt to fix such criteria through Sitakant Mohapatra Committee has been inconclusive.
  • Languages: The eighth schedule includes the recognition of the following 22 languages:
    • Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili and Dogri are the 22 languages presently in the eighth schedule to the Constitution.

Current Affairs 21st July 2023 for UPSC Prelims Exam

 

Parole and Furlough

Context: The Supreme Court had ordered nearly 4,000 undertrial prisoners and convicts, who were given emergency parole and interim bail, to surrender within the next 15 days.

What are Parole and Furlough?

  • Parole and furlough are two different systems used in the context of releasing prisoners temporarily under certain conditions.
  • These provisions are aimed at reforming the prison system and helping prisoners maintain family and social ties while serving their sentences.
  • Parole and furlough are covered under the Prisons Act of 1894.

Parole:

  • It is a system of releasing a prisoner with suspension of the sentence. The release is conditional, usually subject to behavior, and requires periodic reporting to the authorities for a set period of time.
  • Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative
  • It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.

Furlough:

  • It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment.
  • The period of furlough granted to a prisoner is treated as remission of his sentence.
  • Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.

Difference between parole and furlough

S.No. Parole  Furlough
  1. It is not a right of the prisoner. It is the right of the prisoner.
  2. It is releasing a prisoner with a suspension of the sentence. It is releasing a prisoner with remission of his sentence.
  3. In the case of short-term confinement, parole may be granted. In the case of long-term confinement, Furlough may be granted.
  4. It can be granted a number of times. There is a limitation to grant furlough.
  5. Parole lasts for one month. Furlough lasts for fourteen days maximum.
  6. A specific justification is necessary. It is to break the monotony of punishment so no justification is needed.
  7. The days of leave aren’t included within the sentenced period. The sentence of convict goes along with the furlough period.
  8. It is granted by the Divisional Commissioner. It is granted by the Deputy Inspector General of Prisons.

 

President’s Rule

Context: The Congress has demanded that the Union Government should dismiss the Biren Singh government in Manipur and impose President’s Rule in order to start the peace process under a neutral administration.

About President’s Rule

  • Definition:  President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre.
  • Article 356: According to Article 356, the President can impose emergency in a state when there is a breakdown of the constitutional machinery.
    • President Rule is achieved through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
    •  Under Article 356, this move can be taken  if the President, on receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
  • Grounds for Imposition of President Rule:
    • When a state legislature is unable to elect a leader as Chief minister for a time prescribed by the Governor of that state.
    • Breakdown of a coalition leading to the Chief minister having minority support in the house and the Chief minister fails fail to prove majority, within a time prescribed by the Governor of that state.
    • Loss of majority in the assembly due to a vote of no-confidence in the house.
    • Elections postponed for unavoidable reasons like war, epidemic or natural disasters.
    • On the report of the governor if the state machinery/legislature fails to abide by constitutional norms.
  • Parliamentary Approval:
    • A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
    • The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting.
  • Tenure: Any proclamation under Article 356 stands for six months. This six-month time-frame can be extended in phases, up to three years with the approval of the Parliament.
  • Revocation of President’s Rule: A proclamation of President’s Rule can be revoked through a subsequent proclamation in case the leader of a party produces letters of support from a majority of members of the Assembly and stakes his claim to form a government.
    •  The revocation does not need the approval of Parliament.
  • Impact of Imposition of President’s Rule:
    • The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
    • The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
    • The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of State assembly.
    • The state legislative assembly would be either suspended or dissolved by the President.
    • When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.
  • S.R. Bommai Case (1994):  Between 1966 and 1977, Indira Gandhi’s government used it about 39 times against various states.
    • In the S.R. Bommai case (1994), the Supreme Court of India put forth strict guidelines for the imposition of Article 356.
    • The proclamation (of President’s Rule) is subject to judicial review on grounds of mala fide intention.
    • The imposition of Article 356 should be justified by the centre.
    • The court has the power to revive the suspended or dissolved state government if the ground for the imposition is found to be invalid and unconstitutional.
    • The power under Article 356 is to be used only in case of exigencies. It is an exceptional power.

 

Shanghai Cooperation Organisation

Context: Iran has joined Shanghai Cooperation Organisation (SCO) as the ninth member of the organisation.

About Shanghai Cooperation Organisation (SCO)

  • Definition: The Shanghai Cooperation Organisation (SCO) is a permanent intergovernmental international organization founded in Shanghai on 15 June 2001.
    • The SCO has been an observer in the UN General Assembly since 2005.
  • History: The SCO was built on the ‘Shanghai Five’ grouping of Russia, China, Kazakhstan, Kyrgyzstan and Tajikistan, which had come together in the post-Soviet era in 1996, to work on regional security, reduction of border troops, and terrorism.
    • In 2001, the Shanghai Five inducted Uzbekistan into the group and named it the SCO.
  • Goals:
    • Strengthening mutual trust and good-neighbourly relations among the members states;
    • Promoting their effective cooperation in politics, trade, the economy, research, technology, culture, education, energy, transport, tourism, environmental protection,
    • Making joint efforts to ensure peace, security and stability in the region.
    • Moving towards the establishment of a democratic, fair and rational new international political and economic order.
  • Policy:
    • SCO pursues its internal policy based on the principles of mutual trust, mutual benefit etc.
    • SCO’s external policy is conducted in accordance with the principles of non-alignment, non-targeting any third country, and openness.
  • Language: Russian and Chinese are the official working languages of the SCO.
  • Members: Currently, 8 countries enjoy the status of the SCO full members: India, Kazakhstan, China, Kyrgyzstan, Russia, Pakistan, Tajikistan and Uzbekistan.
    • India and Pakistan were admitted as full members in 2017.
  • Observer Status: Afghanistan, Belarus, Iran and Mongolia have an observer status with the SCO.
  •  Dialogue Partner Status: Azerbaijan, Armenia, Cambodia, Nepal, Turkey and Sri Lanka have a dialogue partner status.
  • Chairmanship: The Chairmanship of SCO is by rotation for a year by Member States.
    • India is currently the chair of SCO.
  • Structure:
    •  Heads of State Council: It is the highest decision-making body of the SCO which decides its internal functioning and its interaction with other States & international organisations, and considers international issues.
    • Council of Ministers of Foreign Affairs: It is responsible for issues related to day-to-day activities.
    • Heads of Government Council: It is responsible for approving the budget, considers and decides upon issues related to economic spheres of interaction within SCO.
    • Regional Anti-Terrorist Structure (RATS):  It was founded in 2004 and is responsible for combating terrorism, separatism and extremism.
      • Headquarters of RATS is in Tashkent, Uzbekistan.
  • Functions:
    • Through RATS, the SCO members share crucial intelligence, knowledge, legal expertise as well as allow for extradition of terrorists.
    • SCO also has a form of military cooperation with Member States holding joint military exercises and ‘war games’.
    • SCO promotes cooperation in the fields of economics and culture, with focus on regional development for tackling security issues.
    • SCO has closely worked with various UN to address various serious global issues.
  • Headquarters: The Headquarters of SCO is in Beijing.
  • SCO as Anti- NATO: One of the goals that calls to build a “new international political and economic order” did not sit well with the U.S. and Europe and has led to the SCO being dubbed as “anti-NATO” for proposing military cooperation.
    •  This concern was further heightened when heavy sanctions were placed on Russia for its actions in Crimea and China came to its aid, signing a $400 billion gas pipeline agreement.
    • Since then, through the personal bond between Russian President Vladimir Putin and Chinese President Xi Jinping, the SCO has become a platform for Eurasian cooperation in a region rich with energy resources.

Relevance of Iran’s Induction for India:

  • India has built its connectivity strategy through Iran’s Chabahar port, where it operates a terminal and through the International North South Transport Corridor that goes through Iran and Central Asia to Russia. Hence, the entrance of Iran in the SCO is an important milestone.
  • Iran’s presence ensures support for New Delhi’s moves to circumvent land-based trade through Pakistan, which has blocked transit trade for India.
  • It also allows India to conduct trade with the Central Asia while staying out of China’s Belt and Road Initiative.
  • The induction of Iran, a historically close partner of India that has also suffered from terrorism emanating from Pakistan and Afghanistan will bolster India’s push for an end to terror safe havens.
    • But India may find some unease in a more vocal support for Iran as the SCO is increasingly seen as an “anti-West” forum, and Iran, like Russia is under severe sanctions.
    • In addition, the U.S. has accused Iran of supplying weapons to Russia, and the expected induction of Belarus next year will only strengthen this image of the SCO making the Indian balancing act more difficult.

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