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DAILY CURRENT AFFAIRS, 04 JULY 2023

SHANGHAI COOPERATION ORGANISATION

1. Context

Prime Minister Narendra Modi is hosting the virtual summit of the Shanghai Cooperation Organisation (SCO) on 4th July 2023, which is likely to see the participation of Russian President Vladimir Putin, Chinese President Xi Jinping, and Pakistan Prime Minister Shehbaz Sharif.
The meeting comes at a crucial time, with India’s ties with neighbours Pakistan and China tense and war raging in Europe.
 

2. About Shanghai Cooperation Organisation

  • The Shanghai Cooperation Organisation (SCO) is a Eurasian political, economic, international security and defence organisation.
  • It is the world's largest regional organization in terms of geographic scope and population, covering approximately 60% of the area of Eurasia, and 40% of the world's population. Its combined GDP is around 20% of global GDP.
  • The SCO was founded in 2001 by China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan.

2.1. Structure

The SCO has several bodies that oversee its activities, including

  • The Council of Heads of State, which is the supreme decision-making body of the SCO.
  • The Council of Heads of Government, which is responsible for overseeing the implementation of the decisions of the Council of Heads of State.
  • The Council of Foreign Ministers, which is responsible for coordinating the foreign policies of the SCO member states.
  • The Regional Anti-Terrorist Structure (RATS), which is responsible for combating terrorism, separatism and extremism in the SCO region and
  • The SCO Secretariat, which is responsible for the day-to-day running of the organization.

2.2. Members

  • The SCO has eight full members China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Tajikistan and Uzbekistan. 
  • It also has six observer states Afghanistan, Belarus, Iran, Mongolia, Nepal and Sri Lanka.
  • And six dialogue partners Armenia, Azerbaijan, Cambodia, Egypt, Qatar and Saudi Arabia.
Image Source: Silk Road Briefing 

2.3. Goals 

  • Political and security cooperation, including the fight against terrorism, separatism and extremism
  • Economic cooperation, including trade, investment, energy and transportation
  • Cultural and humanitarian cooperation and
  • Coordination of positions on major international issues.

3. Criticism

  • The SCO has been criticized by some for being a tool of Chinese and Russian imperialism.
  • However, the organization has also been praised for its role in promoting stability and security in Central Asia.

4. The Way Forward

  • The SCO has been expanding its membership in recent years, and it may continue to do so in the future.
  • The organization is seen by some as a potential rival to the North Atlantic Treaty Organization (NATO), and its growing influence is being watched closely by the United States and its allies.
 
For Prelims: SCO, NATO, India, Central Asia, United States, China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, terrorism, 
For Mains: 
1. Examine the potential challenges and opportunities for India as a full member of the SCO, highlighting its implications for India's political, economic, and security interests.  (250 Words)
 
 
Previous Year Questions
 
1. Shanghai Cooperation Organisation (SCO) Heads of State Summit was held on 10th November, 2020 in the video conference format. The Summit was hosted by: (OPSC OAS 2021) 
A. Russia               B. India               C. Kazakhstan             D.  Uzbekistan
 
Answer: A
 
2. The Summit of the Shanghai Cooperation Organisation (SCO) was hosted by which country from 15-16 September 2022? (Rajasthan CET 2023)
A. Kazakhstan         B.  Tajikistan        C.  Uzbekistan           D. India
 
Answer: C
 
3. The area known as 'Golan Heights' sometimes appears in the news in the context of the events related to  (UPSC  2015)
A. Central Asia          B. Middle East              C. South-East Asia          D. Central Africa
 
Answer: B
 
4. Siachen Glacier is situated to the (UPSC 2020) 
A. East of Aksai Chin       B. East of Leh         C. North of Gilgit       D. North of Nubra Valley
 
Answer: D
 
Source: SCO

LORD LANSDOWNE

1. Context 

The Lansdowne Cantonment Board has decided to rename the picturesque hill station in Uttarakhand as Jaswantgarh, paying tribute to Rifleman Jaswant Singh, a Maha Vir Chakra recipient and a hero of the 1962 war.

2. About Lord Lansdowne

  • Lord Lansdowne, Henry Charles Keith Petty-Firzmaurice, was a British politician who served as Viceroy of India from 1888 to 1894.
  • He also held other prominent positions in the United Kingdom, including Secretary of State for War and Secretary of State for Foreign Affairs.
  • However, Lord Lansdowne is remembered in India for suppressing the Manipur Rebellion of 1891 and implementing divisive policies to sow discord between Hindus and Muslims.
Image Source: Alamy

3. History of Lansdowne Cantonment

  • The Lansdowne Cantonment is situated in Uttarakhand's Pauri Garhwal district.
  • In 1886, on the recommendation of Field Marshal Sir FS Roberts, Commander-in-Chief of India, it was decided to establish a separate regiment for the Garhwalis.
  • The chosen location for the regiment and its training centre, named the Garhwal Rifles, was a forested area known as Kalundanda, approximately 6,000 feet above sea level.
  • The Cantonment and Regimental Centre were approved by Brig Gen JI Murray, GOC, Rohilkhand.
  • The first battalion of the Garhwal Rifles, led by Lt Col EP Mainwaring, moved to Kalundanda on November 4, 1887.

3.1. Renaming as Lansdowne

On September 21, 1890, Kalundanda was renamed Lansdowne in honour of Lord Henry Lansdowne, the Viceroy of India at the time.

3.2. Overview of Lansdowne Cantonment 

  • Lansdowne Cantonment is categorized as a Category III cantonment and covers an area of 1503.8 acres.
  • According to the 2011 census, its population consisted of 5,667 civilians and military personnel.

4. The bravery of Rifleman Jaswant Singh in the 1962 India-China War

  • Rifleman Jaswant Singh, a member of the 4th Battalion of the Garhwal Rifles, displayed remarkable bravery during the Battle of Nuranang against the Chinese People's Liberation Army (PLA) on November 17, 1962.
  • Despite his battalion facing multiple Chinese assaults, Jaswant Singh volunteered to silence a PLA machine gun that was firing accurately at Indian positions.
  • Assisted by Lance Naik Trilok Singh Negi and Rifleman Gopal Singh Gusain, Jaswant Singh successfully neutralized the Chinese detachment manning the machine gun and captured the weapon.
  • While returning, Gusain and Negi lost their lives, and Jaswant Singh sustained serious injuries but managed to bring back the captured machine gun.
  • He continued to hold his post alone, fending off successive Chinese attacks until he succumbed to his injuries.
Image Source: Defence Direct Education

5. Recognition and Memorial

  • Rifleman Jaswant Singh was posthumously awarded the Maha Vir Chakra, the second-highest gallantry award in India, and his battalion received the Battle Honour Nuranang.
  • In his honour, the post where Jaswant Singh fought is now called Jaswantgarh, and a memorial has been erected at the site to commemorate his bravery.

6. The Way Forward

  • The renaming of Lansdowne Cantonment as Jaswantgarh serves as a fitting tribute to Rifleman Jaswant Singh's extraordinary courage and sacrifice during the 1962 war.
  • It highlights the valour of the Indian armed forces and the spirit of bravery that continues to inspire generations.
 
For Prelims: Lansdowne Cantonment Board, Rifleman Jaswant Singh, Maha Vir Chakra, Viceroy of India, Manipur Rebellion, 1962 India-China War, Battle of Nuranang, 
For Mains: 
1. Analyze the impact of the divide-and-rule policy implemented by the British Raj during the Indian freedom struggle. (250 Words)
 
 
Previous Year Questions
 
1. The battle of Dharmatpur, which took place between Aurangzeb and Maharaja Jaswant Singh on 15 April 1658, was fought on the banks of which river? (Delhi Police Constable 2020)
A. Krishna                       B. Yamuna                    C. Sutlej                    D. Narmada
 
Answer: D
 
2. What is true about gallantry award ‘Param Vir Chakra’? (CGPSC 2022) 
A. This award can be given to an individual only once in his/her lifetime
B. On its medal, four replicas of ‘Indra Vajra’ are embossed ​
C. Till 31st December 2021, 25 people have been awarded with Param Vir Chakra ​
D. This award was instituted on 26th January, 1952
 
Answer: B
 
3. The highest Gallantry award for Indian Military personnel is called the_______. (MP Sub Engg 2018) 
A. Shaurya Chakra          B. Ashok Chakra         C. Kirti Chakra          D. Param Vir Chakra
 
Answer:D
 
Source: The Indian Express

DELHI ORDINANCE

 

1. Context

The Ordinance promulgated by the President on May 19, 2023, amending the Government of National Capital Territory of Delhi Act 1991(GNCTD Act) took away the services from the jurisdiction of the Delhi government. The services had been earlier restored to the Delhi government by the Supreme Court in a landmark judgment delivered on May 11, 2023.
 

2. What is an Ordinance?

  • Under Article 123 of the Constitution, the President possesses law-making powers through the issuance of ordinances during the recess of Parliament.
  • Article 213 grants the Governor of a state the authority to issue ordinances when the state legislative assembly or either of the two Houses (in states with bicameral legislatures) is not in session.
3. Ordinance Powers

Ordinance powers refer to the authority vested in the executive branch of government to issue Ordinances, which are temporary laws with the same force and effect as an Act of Parliament. Ordinances allow the government to take immediate action in situations where it is impractical or not feasible to wait for the regular legislative process. The powers associated with Ordinances vary depending on the country and its constitutional framework. Here are some key aspects of ordinance powers:

  • Legislative Authority: Ordinances enable the executive to legislate on matters that fall within the legislative competence of the legislature. They can create new laws, amend existing laws, or repeal laws in the same manner as a regular legislative process.
  • Temporary Nature: Ordinances have a limited lifespan and are temporary in nature. They are typically issued during recess periods when the legislature is not in session. Once the legislature reconvenes, the Ordinance must be approved by the legislature to become a permanent law. If not approved within a specified period, it lapses.
  • Urgency and Necessity: Ordinances are typically promulgated to address urgent and pressing matters that require immediate action. They are often used in situations where delay could lead to harm, such as during emergencies or when there is a need for immediate legislative intervention.
  • Constitutional Limitations: The powers to issue Ordinances are subject to constitutional limitations and safeguards. These limitations may include specifying the circumstances under which an Ordinance can be issued, the necessity of obtaining the President's or Governor's approval, and the requirement of subsequent legislative approval.

4. Supreme Court Judgment on Governance Control in Delhi

  • Ordinance Nullifies Supreme Court Judgment
  • Court's Finding: Lack of Government Control over Officers Paralyzes Governance
  • Constitution Makers' Intentions: Incorporating Article 239AA for Special Constitutional Status to Delhi
  • Court's Decision: Legislative and Executive Power over Services like Indian Administrative Services and Joint Cadre Services to Reside with NCTD (National Capital Territory of Delhi) for Day-to-Day Administration.

5. National Capital Civil Services Authority: Undermining Delhi Government

  • Services Transferred: The ordinance removes services from the Delhi government's control
  • National Capital Civil Services Authority: Established with the chairman and two members
  • Chief Minister as Chairman: Chief Minister appointed as the authority's head
  • Composition: Chief Secretary and Home Secretary serve as other members
  • Decision-Making: Two members constitute a quorum, able to make all decisions
  • Purpose Revealed: Authority's setup indicates the true intent of the provision
  • Limited Value of Chief Minister's Opinion: Chief Minister's input holds no significance
  • Final Decision by Lieutenant Governor: All decisions are forwarded to the LG, who has ultimate authority
  • Unprecedented Statutory Body: It unheard of in administrative history to ignore the elected Chief Minister's opinion
  • Conflict with Constitution: Contradicts Article 239AA (4), which grants the council of ministers power over administrative matters in Delhi, except exempted items.

6. Curious Provisions of the Ordinance

Provision 1: Secretary's Power to Review Cabinet Decision

  • Secretary to the council of ministers can challenge cabinet decision if it violates law or rules.
  • Secretary's opinion leads to Lieutenant Governor's decision, enabling the rescission of the cabinet decision.

Provision 2: Altered Procedure for Summoning Assembly

  • New procedure introduced for convening assembly sessions.
  • Proposal submitted through Chief Secretary to Lieutenant Governor and Chief Minister for their 'opinion'.
  • Deviates from established practice where the cabinet decides and the governor signs the summons.
  • Lieutenant Governor cannot unilaterally summon the House and must follow the council of ministers' advice.

Constitutional Non-Conformity

  • Analysis reveals non-compliance with Article 239AA and GNCTD Act 1991.
  • Parliament is empowered to supplement provisions, not make contradictory provisions.
  • No authority granted to Parliament or President to confer powers on Lieutenant Governor or bureaucrats to review cabinet decisions or remove Chief Minister's authority in posting, transfer, and disciplinary matters.

Legal Infirmities of the Ordinance

  • Ordinance suffers from serious legal flaws in its current form.
  • Contradicts constitutional provisions and grants undue powers to non-elected officials.

7. Judicial safeguards to avoid re-promulgation of ordinances

  • Supreme Court in RC Cooper vs. Union of India (1970) held that the President’s decision to promulgate an ordinance could be challenged on the grounds that ‘immediate action’ was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.
  • It was argued in DC Wadhwa vs. the State of Bihar (1987) that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
  • Supreme Court in Krishna Kumar Singh Vs. The state of Bihar held that the authority to issue ordinances is not an absolute entrustment, but is “conditional upon satisfaction that circumstances exist rendering it necessary to take immediate action”.
For Prelims: Government of National Capital Territory of Delhi Act 1991(GNCTD Act), Article 239AA, Section 3A of GNCTD Act, Lieutenant Governor, Chief Minister, RC Cooper vs. Union of India (1970), DC Wadhwa vs. the State of Bihar (1987).
For Mains: 1. Discuss the constitutional concerns and curious provisions in the Ordinance nullifying the court's decision regarding the jurisdiction of the Delhi government. (250 Words)

Previous year questions

1.Which of the following statement(s) regarding promulgation of ordinance is/are correct? (UPSC CAPF 2020)
1. President can promulgate ordinances which are of temporary duration.
2. An ordinance promulgated by the President has to be ratified by Parliament within six weeks of its re-assembly.
Select the correct answer using the code given below:
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
 
Source: The Hindu

SHANGHAI COOPERATION ORGANISATION

1. Context

Prime Minister Narendra Modi is hosting the virtual summit of the Shanghai Cooperation Organisation (SCO) on 4th July 2023, which is likely to see the participation of Russian President Vladimir Putin, Chinese President Xi Jinping, and Pakistan Prime Minister Shehbaz Sharif.
The meeting comes at a crucial time, with India’s ties with neighbours Pakistan and China tense and war raging in Europe.
 

2. About Shanghai Cooperation Organisation

  • The Shanghai Cooperation Organisation (SCO) is a Eurasian political, economic, international security and defence organisation.
  • It is the world's largest regional organization in terms of geographic scope and population, covering approximately 60% of the area of Eurasia, and 40% of the world's population. Its combined GDP is around 20% of global GDP.
  • The SCO was founded in 2001 by China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan.

2.1. Structure

The SCO has several bodies that oversee its activities, including

  • The Council of Heads of State, which is the supreme decision-making body of the SCO.
  • The Council of Heads of Government, which is responsible for overseeing the implementation of the decisions of the Council of Heads of State.
  • The Council of Foreign Ministers, which is responsible for coordinating the foreign policies of the SCO member states.
  • The Regional Anti-Terrorist Structure (RATS), which is responsible for combating terrorism, separatism and extremism in the SCO region and
  • The SCO Secretariat, which is responsible for the day-to-day running of the organization.

2.2. Members

  • The SCO has eight full members China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Tajikistan and Uzbekistan. 
  • It also has six observer states Afghanistan, Belarus, Iran, Mongolia, Nepal and Sri Lanka.
  • And six dialogue partners Armenia, Azerbaijan, Cambodia, Egypt, Qatar and Saudi Arabia.
Image Source: Silk Road Briefing 

2.3. Goals 

  • Political and security cooperation, including the fight against terrorism, separatism and extremism
  • Economic cooperation, including trade, investment, energy and transportation
  • Cultural and humanitarian cooperation and
  • Coordination of positions on major international issues.

3. Criticism

  • The SCO has been criticized by some for being a tool of Chinese and Russian imperialism.
  • However, the organization has also been praised for its role in promoting stability and security in Central Asia.

4. The Way Forward

  • The SCO has been expanding its membership in recent years, and it may continue to do so in the future.
  • The organization is seen by some as a potential rival to the North Atlantic Treaty Organization (NATO), and its growing influence is being watched closely by the United States and its allies.
 
For Prelims: SCO, NATO, India, Central Asia, United States, China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, terrorism, 
For Mains: 
1. Examine the potential challenges and opportunities for India as a full member of the SCO, highlighting its implications for India's political, economic, and security interests.  (250 Words)
 
 
Previous Year Questions
 
1. Shanghai Cooperation Organisation (SCO) Heads of State Summit was held on 10th November, 2020 in the video conference format. The Summit was hosted by: (OPSC OAS 2021) 
A. Russia               B. India               C. Kazakhstan             D.  Uzbekistan
 
Answer: A
 
2. The Summit of the Shanghai Cooperation Organisation (SCO) was hosted by which country from 15-16 September 2022? (Rajasthan CET 2023)
A. Kazakhstan         B.  Tajikistan        C.  Uzbekistan           D. India
 
Answer: C
 
3. The area known as 'Golan Heights' sometimes appears in the news in the context of the events related to  (UPSC  2015)
A. Central Asia          B. Middle East              C. South-East Asia          D. Central Africa
 
Answer: B
 
4. Siachen Glacier is situated to the (UPSC 2020) 
A. East of Aksai Chin       B. East of Leh         C. North of Gilgit       D. North of Nubra Valley
 
Answer: D
 
Source: SCO

ARTICLE 370

 

1. Context

The Supreme Court is set to hear on July 11 a batch of nearly 23 petitions challenging the Centre’s decision to abrogate Article 370 of the Constitution, which had given special status to Jammu and Kashmir.

A five-judge Bench headed by CJI Chandrachud will be hearing the pleas alongside Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. Notably, the court’s decision to consider these pleas comes almost four years after the erstwhile state of Jammu and Kashmir was reconstituted into the two Union Territories of J&K and Ladakh on August 5, 2019.

2. Article 370 of the Indian Constitution

Article 370 of the Indian Constitution is a provision that granted special autonomous status to the state of Jammu and Kashmir (J&K). It played a crucial role in shaping the relationship between the Indian government and the region but has also been a topic of intense debate and controversy. This article aims to provide an overview of Article 370, its historical context, key provisions, and the debates surrounding its revocation.

3. Historical Context

Article 370 was incorporated into the Indian Constitution in 1949, during the process of integrating the princely states into the newly independent India. At the time, Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh. The article was introduced to accommodate the unique circumstances of the region and to respect the wishes of its people.

4. Key Provisions of Article 370:

  • Autonomy: Article 370 granted Jammu and Kashmir a certain degree of autonomy, allowing it to have its own constitution, flag, and the power to legislate on matters other than defense, foreign affairs, and communications.
  • Application of Central Laws: The central government had limited jurisdiction in the state, and its laws were only applicable if the state government specifically consented.
  • Dual Citizenship: Residents of Jammu and Kashmir were considered citizens of both the state and India. This provision was meant to preserve the distinct identity of the region.

5. Contemporary Debates and Criticisms:

  • Integration vs. Alienation: Critics of Article 370 argued that it perpetuated a sense of separatism and hindered the integration of Jammu and Kashmir with the rest of India. They claimed that the special status prevented the extension of progressive laws and policies to the region.
  • Gender Inequality: Another point of contention was the discriminatory provision that denied property rights to women who married individuals from outside the state. This provision was seen as undermining the principles of gender equality and human rights.
  • National Security Concerns: Some argued that the autonomous status provided by Article 370 hindered the Indian government's ability to effectively tackle security challenges in the region, particularly the cross-border militancy.

6. Revocation of Article 370

In August 2019, the Indian government, under the leadership of Prime Minister Narendra Modi, made the historic decision to revoke the special status of Jammu and Kashmir. The government argued that this move would facilitate the integration of the region and bring socio-economic development to its people. However, the revocation was met with mixed reactions, both within and outside of the region.

7. Way forward

Article 370 of the Indian Constitution was a unique provision that granted special autonomous status to the state of Jammu and Kashmir. While it aimed to respect the aspirations of the people of the region, it also sparked debates and controversies. The decision to revoke Article 370 in 2019 marked a significant shift in the relationship between the Indian government and Jammu and Kashmir. The consequences of this decision, both positive and negative, are still unfolding, and the future trajectory of the region remains uncertain.

For Prelims: Article 370, Jammu and Kashmir (J&K), Maharaja Hari Singh, Central laws, Dual Citizenship, Gender inequality.

For Mains: 1. Discuss the historical background and significance of Article 370 of the Indian Constitution. Analyze its provisions and their impact on the governance and autonomy of Jammu and Kashmir. (250 words).

 

Previous year Question

1. When did the Constitution of Jammu and Kashmir come into force? (UPSC CAPF 2016)

A.26th January 1957

B. 15th August 1947

C. 25th July 1956

D.14th November 1947

Answer: A

2. State Legislature of Jammu and Kashmir can confer special rights and privileges on permanent residents of J and K with respect to - (MPSC 2019)

Find the correct options below.

(a) Employment under State Government

(b) Settlement in the state

(c) Acquisition of immovable property

(d) Right to Scholarship

(e) Right to entry into heritage sites

A.  (a), (b), (c), (d), (e)

B. (a), (b), (c), (d)

C. (a), (b), (c)

D. (a), (b)

Answer: B

 

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