The Hindu Newspaper Analysis 18 Oct, 2022

The Hindu Newspaper Analysis for UPSC

The Hindu Newspaper Analysis 17 October 2022

Governor Arif Mohammed Khan on Monday opened the next battlefront against the State government by threatening to remove Ministers from their posts if they continued to lower the dignity of his office.
In an official tweet, Mr. Khan said: “The CM and Council of Ministers have every right to advise the Governor. But statements of individual Ministers that lower the dignity of the Governor’s office can invite action including withdrawal of pleasure”.
No Governor can dismiss an individual Minister from a State Cabinet unless recommended by the Chief Minister, said P.D.T. Achary, former Secretary General of Lok Sabha, on Monday.
Achary said though the Governor is the appointing authority of the Chief Minister, he cannot appoint any person of his choice as a State Minister.
A State Minister can be appointed only on the recommendation of the Chief Minister and if a Minister has to be removed from the post, it can only be on the advice of the Chief Minister, he said.

The Hindu Editorial Today

About Governor

He/she is the Chief Executive Head of a State.
- Like the President of India, he is a nominal (titular or constitutional) head and also acts as an agent of the central government. Therefore, the office of governor has a dual role.
Articles 153 to 167 in Part VI of the Constitution deal with the State Executive, which comprises the Governor, the Chief Minister, the Council of Ministers and the Advocate General of the State.
- There is no office of Vice-Governor (in the state) like that of Vice-President at the Centre.
- Usually, there is a governor for each state, however, the 7^thConstitutional Amendment Act, 1956 facilitated the appointment of the same person as a governor for two or more states.

Appointment

The Governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the President.
He/she is appointed by the President by warrant under his hand and seal.
- As held by the Supreme Court in 1979, it is an independent constitutional office and is not under the control of or subordinate to the Central government.
While drafting the Constitution, the Canadian model of Governor’ appointment by the Centre was accepted in the Constituent Assembly.

Qualifications

The Constitution lays down only two qualifications for the appointment of a person as a governor.
- He/she should be a citizen of India.
- He/she should have completed the age of 35 years.
Additionally, two conventions have also developed in this regard over the years.
- He/she should be an outsider, meaning not belonging to the State of appointment so as to remain free from the local politics.
- While appointing the Governor, the President is required to consult the Chief Minister of the State concerned, so that the smooth functioning of the constitutional machinery is ensured.

As the 21st century advances, a new danger — the cyber threat — is becoming a hydra-headed monster.
It is hardly confined to any one domain though the military is the one most often touted.
Rather, it is the civilian sphere where the cyber threat is becoming more all-pervading today and, in turn, a serious menace.
Demands for a cyber command by the Indian military ignore the widely varying nature of the cyber threat.

A recent World Bank report, titled “Correcting Course”, captures the impact of the COVID-19 pandemic on global poverty.
The number of people living in extreme poverty rose by seven crore million in 2020, as the global poverty rate rose from 8.4% in 2019 to 9.3% in 2020.
The report focuses on fiscal policy as an instrument for governments in dealing with crises such as the pandemic.
Poorer countries were unable to use fiscal policy as effectively, and thus unable to offset the impact of the pandemic to a much lesser degree than richer countries.
The report identifies three priorities for fiscal policy for governments to aid with post-pandemic recovery: Targeted subsidies that benefit the poor; public investment to build resilience in the long term; and revenue mobilisation that should rely on progressive direct taxation rather than indirect taxes.

India’s latest inflation data present policymakers with a fraught choice: whether to respond to the latest acceleration in retail price gains to a five-month high with more sizeable interest rate increases, or pause the monetary tightening so as to allow fragile growth to gain more traction.
Inflation figures based on the Consumer Price Index (CPI) show retail price gains on a resurgent trajectory with food prices leading the charge.

Reported violence against women is the proverbial tip of the iceberg; it conceals more than it reveals.
according to National Crime Records Bureau statistics, a whopping 4,28,278 lakh crimes against women happened in 2021. These included rape, rape and murder, dowry harassment, kidnapping, forced marriage, trafficking, and online harassment.
At this juncture, a decade later, it is pertinent to ask if the Government has rolled out all the strategies conceived of and fuelled by the Nirbhaya Fund.
The Sustainable Development Goals underline the importance of building safe, resilient and inclusive cities from a gender lens.

A Constitution Bench of the Supreme Court has unanimously held that a judgment delivered by a larger Bench will prevail over the decision of a smaller Bench, irrespective of the number of judges constituting the majority in the larger Bench.
It is well-known in law that the decision of a superior court will always be binding on a lower court and that the decision of a larger Bench will always hold force over a smaller Bench of the same court.
A vast majority of cases before the Supreme Court is heard and decided by a Bench of two judges (Division Bench) or three (full Bench).
The larger Benches examine the question or correctness of the decision and the majority opinion expressed by them becomes the verdict, which is binding on the lower Benches.
An anomaly here is that a majority decision is treated as the ruling of the entire Bench, including the dissenting judges, that examined the question.
This is where the problem originates. If the correctness of a law laid down unanimously by a five-judge Bench is doubted, could it be overruled by four judges of a seven-judge Bench?

The rupee’s weakening exchange rate and the pace at which India’s foreign exchange reserves are dwindling are back in focus.
Reserves include foreign currency assets, gold, special drawing rights with the International Monetary Fund, and reserve tranche position.
These external assets, controlled by the monetary authority, are used to absorb shocks during times of crises; provide confidence to the market that external obligations can be met; and build capacity for intervention in foreign exchange markets.
Forex reserves are a crucial indicator of a country’s economic health and its import capacity.

President Droupadi Murmu appointed Justice D.Y. Chandrachud as the 50th Chief Justice of India (CJI), Union Law Minister Kiren Rijiju said on Monday.
Justice Chandrachud will take oath on November 9, a day after incumbent CJI Justice Uday Umesh Lalit demits office on attaining the age of 65.
While Justice Lalit has a brief tenure of 74 days, Justice Chandrachud will serve as the CJI for two years. He will demit office on November 10, 2024.

Appointment of Chief Justice

The CJI and the Judges of the SC are appointed by the President under clause (2) of Article 124 of the Constitution.
From 1950 to 1973, the practice has been to appoint the senior most judge of the SC as the CJI.
This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges.
Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.

Qualifications of Judges

Should be a citizen of India.
Should have been a judge of an HC (or HCs in succession) for five years.
Should have been an advocate of an HC (or HCs in succession) for ten years.
Should be a distinguished jurist in the opinion of the President.
The Constitution has not prescribed minimum age for appointment as a judge of the SC.

The report produced by the United Nations Development Programme (UNDP) and the Oxford Poverty and Human Development Initiative (OPHI) shows that the incidence of poverty fell from 55.1% in 2005-06 to 16.4% in 2019-21 in the country and that deprivations in all 10 MPI indicators saw significant reductions as a result of which the MPI value and incidence of poverty more than halved.
Bihar, the poorest State in 2015-2016, saw the fastest reduction in MPI value in absolute terms. The incidence of poverty there fell from 77.4% in 2005-2006 to to 34.7% in 2019-2021.
There were also 9.7 crore poor children in India in 2019-2021 — more than the total number of poor people, children and adults combined, in any other country covered by the global MPI.

Q) The Hunger Hotspots Outlook (2022-23) report published by

Food and Agriculture Organization of the United Nations (FAO)
World Food Programme (WFP)
Both a and b
None of the above

द हंगर हॉटस्पॉट्स आउटलुक (2022-23) रिपोर्ट द्वारा प्रकाशित

संयुक्त राष्ट्र के खाद्य और कृषि संगठन (एफएओ)
विश्व खाद्य कार्यक्रम (डब्ल्यूएफपी)
A और B दोनों
इनमे से कोई भी नहीं

The Hunger Hotspots Outlook (2022-23) — a report by the Food and Agriculture Organization of the United Nations (FAO) and the World Food Programme (WFP) — forebodes escalating hunger, as over 205 million people across 45 countries will need emergency food assistance to survive.

Q) With reference to the Supreme Court Split verdict, consider the following statements:

It passed when the Bench cannot decide one way or the other in a case, either by a unanimous decision or by a majority verdict.
It can only happen when the Bench has an even number of judges

Which of the above statements is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

सुप्रीम कोर्ट स्प्लिट के फैसले के संदर्भ में, निम्नलिखित कथनों पर विचार करें:

यह तब पारित हुआ जब बेंच किसी मामले में या तो सर्वसम्मति से या बहुमत के फैसले से एक या दूसरे तरीके से फैसला नहीं कर सकती।
यह तभी हो सकता है जब बेंच में जजों की संख्या सम हो

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

केवल 1
केवल 2
दोनों 1 और 2
न तो 1 और न ही 2

Explanation :

The Supreme Court delivered a split verdict in the Karnataka hijab ban case.

A split verdict is passed when the Bench cannot decide one way or the other in a case, either by a unanimous decision or by a majority verdict.
Split verdicts can only happen when the Bench has an even number of judges. This is why judges usually sit in Benches of odd numbers (three, five, seven, etc.) for important cases, even though two-judge Benches — known as Division Benches — are not uncommon.
In case of a split verdict, the case is heard by a larger Bench. The larger Bench to which a split verdict goes can be a three-judge Bench of the High Court, or an appeal can be preferred before the Supreme Court. In the case of the hijab verdict, the CJI, who is the ‘master of the roster’, will constitute a new, larger Bench to hear the matter.

Q) Consider the following statements:

Article 51-A (g) of the Constitution of India lays down that it is the fundamental duty of every citizen to protect wildlife.
Wildlife Protection Act of 1972 and the Cruelty to Animals Act of 1960 recognize animals as individual living entities.

Which of the above statements is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

निम्नलिखित कथनों पर विचार करें:

भारत के संविधान के अनुच्छेद 51-ए (जी) में कहा गया है कि वन्यजीवों की रक्षा करना प्रत्येक नागरिक का मौलिक कर्तव्य है।
वन्यजीव संरक्षण अधिनियम 1972 और जानवरों के प्रति क्रूरता अधिनियम 1960 में जानवरों को व्यक्तिगत जीवित संस्थाओं के रूप में मान्यता दी गई है।

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

केवल 1
केवल 2
दोनों 1 और 2
न तो 1 और न ही 2

Explanation :

Where does India stand?

Article 51-A (g) of the Constitution of India lays down that it is the fundamental duty of every citizen to protect wildlife and have compassion for all living creatures. However, such duties are not enforceable by law.
The Uttarakhand High Court in 2017, granted the river Ganga and its longest tributary Yamuna the legal right to be protected and not be harmed.
While other legal acts such as the Wildlife Protection Act of 1972 and the Cruelty to Animals Act of 1960 exist, they do not recognize animals as individual living entities.

Q) Kampala Principles recently seen in the news is related to

Nuclear disarmament
Development Co-operation with the Private Sector
Security and defence in the Indo-Pacific
International tourism

हाल ही में समाचारों में देखा गया कंपाला सिद्धांत किससे संबंधित है?

परमाणु निरस्त्रीकरण
निजी क्षेत्र के साथ विकास सहयोग
इंडो-पैसिफिक में सुरक्षा और रक्षा
अंतर्राष्ट्रीय पर्यटन

Explanation :

India-Africa Defence Dialogue to be held on October 18 on the sidelines of DefExpo 2022 in Gandhinagar, Gujarat.

The broad theme of the dialogue is ‘India-Africa: Adopting Strategy for Synergising and Strengthening Defence and Security Cooperation’.
India’s approach towards Africa is guided by the Kampala Principles enunciated by Prime Minister Shri Narendra Modi in 2018. India’s engagement rests on African priorities as outlined by Africans themselves.
- The Kampala Principles promote ownership of private sector engagement (PSE) through development co-operation by partner countries and ensure the alignment of PSE projects and programmes with national sustainable development priorities.
The first-ever India-Africa Defence Ministers Conclave was held in Lucknow, Uttar Pradesh in conjunction with DefExpo on February 06, 2020.

Q) ‘Vigyan Jyoti’ scheme, sometimes seen in news is related to

Empowering girls in Science Technology Engineering and Mathematics (STEM)
Providing scholarships to meritorious students of economically weaker sections
Providing support to out of school children
Empowering girls in foundational literacy and numeracy

कभी-कभी खबरों में रहने वाली ‘विज्ञान ज्योति’ योजना का संबंध किससे है?

विज्ञान प्रौद्योगिकी इंजीनियरिंग और गणित (STEM) में लड़कियों को सशक्त बनाना
आर्थिक रूप से कमजोर वर्ग के मेधावी छात्रों को छात्रवृत्ति प्रदान करना
स्कूल से बाहर के बच्चों को सहायता प्रदान करना
बुनियादी साक्षरता और संख्यात्मकता में लड़कियों को सशक्त बनाना

The Department of Science & Technology started a unique programme ‘Vigyan Jyoti’ for meritorious girls with the aim to address the underrepresentation of women in different fields of Science Technology Engineering and Mathematics (STEM) in the country.
As a first step, the “Vigyan Jyoti” has been introduced in the year 2019-20 at the school level wherein meritorious girl students of Class 9-12 are being encouraged to pursue higher education and career in STEM field. The Vigyan Jyoti envisaged hand-holding and interventions right from the school level i.e., Class IX and which will continue till the PhD level to encourage girls to pursue a career in underrepresented areas of STEM.

Mains Practice Question:

Q) Do you agree with the view that “Collegium system requires reconsideration” ?(150 words)

क्या आप इस विचार से सहमत हैं कि “कॉलेजियम प्रणाली पर पुनर्विचार की आवश्यकता है”? (150 शब्द)

Introduction:

The list of alarming numbers and figures relating to the depleting numbers in India’s higher judiciary has a new addition.
The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.’
There is no mention of the Collegium either in the original Constitution of India or in successive amendments. The recommendations of the Collegium are binding on the Central Government; if the Collegium sends the names of the judges/lawyers to the government for the second time.

Body:

Controversial collegium system of judicial appointments undermines the independence of judges and raises doubts about the credibility of the highest court.
There is a failure to make an assessment of the personality of the contemnor at the time of recommending his name for elevation.
The Supreme Court did not realise the burden it was imposing on the collegium of selecting judges for the Supreme Court and High Courts and transferring them from one High Court to another.
An administrative task of this magnitude must necessarily detract the judges of the collegium from their principal judicial work of hearing and deciding cases.
An administrative task of this magnitude must necessarily detract the judges of the collegium from their principal judicial work of hearing and deciding cases.
The need of the hour is to revisit the existing system through a transparent and participatory procedure, preferably by an independent broad-based constitutional body guaranteeing judicial primacy but not judicial exclusivity.
The system needs to establish a body which is independent and objective in the selection process. In several countries of the Commonwealth, National Judicial Appointment Commissions have been established to select judges. Such judicial commissions have worked with success in the U.K., South Africa and Canada.
As of now, instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President for appointment in order of preference and other valid criteria.

Conclusion:

Faced with intense public scrutiny and government pressure, the judiciary’s institutional weaknesses are being laid bare. These are not simply the moral failings of one individual or the consequences of the misjudgement of a few. It is another illustration of the institution’s inability to accept its internal infirmities.

Mains Practice Question:

Q) “There is a need of more innovative reforms to ensure internal democracy, financial accountability in political parties”. Explain (150 words)

“राजनीतिक दलों में आंतरिक लोकतंत्र, वित्तीय जवाबदेही सुनिश्चित करने के लिए और अधिक नवीन सुधारों की आवश्यकता है”। समझाएं (150 शब्द)

The Hindu Newspaper Analysis 19 October 2022