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DAILY CURRENT AFFAIRS, 27 JANUARY 2024

INDIA-FRANCE RELATIONS

 

1. Context

India and France have announced a “defence industrial road map” for cooperation on defence production, future collaboration on “co-design and co-development” of military hardware, as well as key agreements on space cooperation, officials said. The roadmap was part of a number of agreements between the two countries that were sealed during talks between Prime Minister Narendra Modi and French President Emmanuel Macron in Jaipur

2. India and France-Historical Background

  • France has had a significant impact on Indian polity. The ideals of liberty, equality, and fraternity in the Preamble of the Indian Constitution have been borrowed from the French. India has been constituted into a ‘Republic’. This word too has been borrowed from France.
  • India and France have been ‘Strategic Partners’ since 1998, ever since an agreement was signed in the same year between the two nations.
  • Ever since, this strategic dialogue has evolved to include diverse areas like nuclear technology, defence partnership including maritime cooperation, cyber security, and space technology amongst others.
  • This relationship needs to be closely watched and could emerge as a partnership, sans any issues and challenges.

3. The strategic partnership between the two Nations

Defence-industrial cooperation has been one of the mainstays of the strategic partnership between India and France. It is cooperation in this field that has boosted the relationship between the two nations.

Defence/Strategic Ties:

  • India has signed a ‘Strategic Agreement’ with more than 35 countries but the deal signed with France in 1998 remains unique. While many other partnerships have run into trouble or are clouded by differences over various issues, the partnership has been growing with France.
  • The area of cooperation now extends to technologies related to Nuclear energy, space, defence, cyber security, intelligence-sharing, and counter-terrorism amongst others.
    France has supported India in its ‘Make in India’ program and extended its support to all forms of defence manufacturing.
  • France is a critical partner of the Indian Navy in its P 75I Program which seeks to build 24 naval submarines by 2030, 18 of which will be conventional and 6 shall be nuclear.
  • 36 Rafale Fighter Jets will be handed over to the Indian Air Force soon. Already, during the Galwan Valley dispute with China, a few jets were handed over to India.
  • As far as the Joint Exercises between the Armed Forces are concerned: Varuna 1, Garuda 2, and Shakti 3 have been held regularly.
  • Earlier, the Cyber Security and Digital technology roadmap had been agreed to by both sides. This entails cooperation in the field of emerging technologies such as Artificial Intelligence, Super Computing and Machine Learning amongst others.
  • Recently, an Agreement between the Centre for Development of Advance Computing (C-DAC) and ATOS for cooperation in quantum computing, AI and supercomputing is signed.
  • France also supports India in its bid for permanent membership of the United Nations Security Council.
  • With the assistance and support of France, India became a member of various non-proliferation groups such as the Wassenaar group (2017), NSG, Missile Technology Control Regime (2016) and the Australia Group (2018).
  • France has also opposed many of the unsustainable projects being executed under China’s One Belt One Road (OBOR) initiative.

4. Other areas that can be explored in Strategic Partnership:

  • India and France can cooperate in other areas such as the Afghan peace deal which is under considerable strain as the US selfishly leaves the region. Indian interests are expected to be 164 affected as Pakistan state-sponsored terrorists run amok in Kabul and other cities. It is here that India and France can step in along with other nations and forge a partnership.
  • Another area that is of mutual interest to both nations is Iran. France supported the Joint Comprehensive Plan of Action in 2015 along with the US and other nations. India which faced the fear of attracting sanctions under the US legislation ‘Countering American Adversaries Through Sanctions Act (CAATSA)’ reduced its oil imports and delayed its other connectivity projects in Iran. This deal in 2015 brought a sigh of relief to India. However, this was short-lived as in 2018, the US pulled out of the deal. India once again faces the fear of CAATSA.
  • In the year 2016, India and France signed a ‘White shipping agreement’ to encourage the movement of commercial ships.
  • One potential area of cooperation exists in the Indo-Pacific region. France can join the ASEAN nations and the QUAD grouping in ensuring that freedom of navigation on the high seas is protected.

5. What is the Bastille Day celebration?

  • Bastille Day, also known as French National Day or La Fête Nationale, is a significant celebration in France that commemorates the storming of the Bastille prison on July 14, 1789.
  • This event marked a pivotal moment in the French Revolution and the beginning of the end of absolute monarchy in France. Bastille Day is celebrated annually on July 14th and is a symbol of French unity, liberty, and national pride.
  • Bastille Day commemorates the storming of the Bastille prison, which was seen as a symbol of royal authority and tyranny. The event marked the uprising of the French people against the monarchy and served as a catalyst for the French Revolution.
  • The celebration of Bastille Day involves various festivities, including parades, fireworks, concerts, and public gatherings. The largest and most renowned parade takes place on the Champs-Élysées in Paris, where military troops, historical reenactments, and public figures participate.

6. Challenges observed in the bilateral relations between India and France

  • Nuclear Non-Proliferation: One challenge in the India-France relationship has been India's status as a nuclear-armed nation outside the framework of the Nuclear Non-Proliferation Treaty (NPT). France is a signatory to the NPT and has expressed concerns regarding nuclear proliferation. Balancing India's nuclear ambitions with France's commitment to non-proliferation has been an ongoing challenge.
  • Defense Trade Imbalance: While defense cooperation between India and France has seen significant growth, there has been a trade imbalance in this sector. India is a major buyer of French defense equipment, including aircraft, submarines, and missiles. However, there has been limited progress in developing a more balanced trade relationship, with Indian defense exports to France being relatively modest.
  • Economic and Trade Issues: Despite efforts to enhance economic cooperation, there have been some trade-related challenges. These include issues related to market access, trade barriers, and regulatory hurdles. Both countries have made efforts to address these challenges through dialogues and negotiations, but further progress is still needed to unlock the full potential of bilateral trade and investment.
  • Climate Change and Environmental Concerns: Climate change and environmental sustainability have become increasingly important areas of cooperation between India and France. However, challenges exist in aligning their priorities and approaches to address climate change. India's focus on development and energy security, including its reliance on coal, may sometimes diverge from France's emphasis on clean energy and emissions reduction.
  • Regional and International Dynamics: India and France have their own regional and international interests, which can sometimes create divergences or competing priorities. For example, France has historical ties and strategic interests in regions such as the Middle East and Africa, where India also has growing economic and geopolitical interests. Aligning their respective policies and approaches in these regions can be a challenge.
  • Cultural Differences and Communication: Cultural differences and communication gaps can also pose challenges in bilateral relations. Differences in language, communication styles, and cultural norms can create misunderstandings or difficulties in effectively engaging with each other.
For Prelims: Strategic Agreement, P 75I Program, Varuna 1, Garuda 2, Shakti 3, Countering American Adversaries Through Sanctions Act (CAATSA), QUAD, ASEAN, and Bastille Day.
For Mains: 1. Examine the bilateral relations between India and France, highlighting the key areas of cooperation, challenges faced, and the potential for future collaboration.(250 words).
 

Previous year Questions

1. Consider the following countries: (UPSC 2015)
1. China
2. France
3. India
4. Israel
5. Pakistan
Which among the above are Nuclear Weapons States as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Nuclear Non-Proliferation Treaty (NPT)?
A. 1 and 2 only
B. 1, 3, 4, and 5 only
C. 2, 4, and 5 only
D. 1, 2, 3, 4 and 5
Answer: A
 
2. India along with which country jointly launched International Solar Alliance during the United Nations Climate Change Conference (COP21)? (KPSC 2017)
A. United Kingdom
B. France
C. United States of America
D. Germany
Answer: B
Source: Indianexpress
 

FIRST INFORMATION REPORT (FIR)

 

1. Context

The Chhattisgarh anti-corruption bureau (ACB) has registered two cases of cheating and forgery against two Ministers of the previous Bhupesh Baghel government and others in connection with the alleged coal levy and liquor scams being probed by the Enforcement Directorate (ED).

Both the FIRs were registered on January 17, 2024 based on information shared by the ED that is probing the money laundering angle in these alleged scams

2. First Information Report (FIR)

  • The term first information report (FIR) is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law, but in police regulations or rules, information recorded under Section 154 of CrPC is known as First Information Report (FIR).
  • Section 154 (“Information in cognizable cases”) says that “every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe”.
  • Also, a copy of the information as recorded shall be given forthwith, free of cost, to the informant.

3. Important elements of an FIR

In essence, then, there are three important elements of an FIR:
  • the information must relate to the commission of a cognizable offence,
  • it should be given in writing or orally to the head of the police station and,
  • it must be written down and signed by the informant, and its key points should be recorded in a daily diary. 

4. What is a cognizable offence?

  • A cognizable offence/case is one in which a police officer may, in accordance with the First Schedule of the CrPC, or under any other law for the time being in force, make an arrest without a warrant.
  • In the First Schedule, “the word ‘cognizable’ stands for a police officer may arrest without warrant’; and the word ‘non-cognizable’ stands for a police officer shall not arrest without warrant.” 

5. What is the difference between a complaint and an FIR?

  • The CrPC defines a “complaint” as “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.”
  • However, an FIR is a document that has been prepared by the police after verifying the facts of the complaint. The FIR may contain details of the crime and the alleged criminal.
  • If, on the basis of a complaint, it appears that a cognizable offence has been committed, then an FIR under Section 154 CrPC will be registered, and police will open an investigation. If no offence is found, the police will close the inquiry.
  • In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called “NCR”, is registered, and the complainant will be asked to approach a court for an order. The court may then direct the police to conduct an investigation of the complaint.

6. Section 155

Section 155 (“Information as to non-cognizable cases and investigation of such cases”) says: “When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book and refer the informant to the Magistrate. No police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial.”

7. Zero FIR

  • When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR and then transfers it to the concerned police station for further investigation. This is called a Zero FIR.
  • No regular FIR number is given. After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.

8. What if the Police refuse to register an FIR?

  • Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case or direct an investigation by a subordinate police officer.
  • If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation. 

9. What happens after an FIR is filed?

  • The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials.
  • They can arrest the alleged persons as per law.
    If there is sufficient evidence to corroborate the allegations of the complainant, then a chargesheet will be filed. Or else, a Final Report mentioning that no evidence was found will be filed in court.
  • If it is found that no offence has been committed, a cancellation report will be filed. If no trace of the accused persons is found, an ‘untraced’ report will be filed.
  • However, if the court does not agree with the investigation report, it can order further investigation.
For Prelims: First information report (FIR), Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), Cognizable offence, Non-Cognizable offence, Zero FIR, Section 154 CrPC, and Section 155 of CrPC.
Source: The Indian Express

GOODS AND SERVICE TAX (GST)

 
 
1. Context
 
Union budget should provide for a GST dispute settlement scheme, with a flat payment of 33 per cent of the disputed amount with a complete waiver of interest and penalty
 
2. What is the Goods and Services Tax (GST)?
  • The Goods and Services Tax (GST) is a value-added tax levied on the supply of goods and services at each stage of the production and distribution chain. It is a comprehensive indirect tax that aims to replace multiple indirect taxes imposed by the central and state governments in India.
  • GST is designed to simplify the tax structure, eliminate the cascading effect of taxes, and create a unified national market. Under the GST system, both goods and services are taxed at multiple rates based on the nature of the product or service. The tax is collected at each stage of the supply chain, and businesses are allowed to claim a credit for the taxes paid on their inputs.
  • The GST system in India came into effect on July 1, 2017, replacing a complex tax structure that included central excise duty, service tax, and state-level taxes like VAT (Value Added Tax), among others. The GST Council, consisting of representatives from the central and state governments, is responsible for making decisions on various aspects of GST, including tax rates and rules.
  • GST is intended to create a more transparent and efficient tax system, reduce tax evasion, and promote economic growth by fostering a seamless flow of goods and services across the country. It has a significant impact on businesses, as they need to comply with the new tax regulations and maintain detailed records of their transactions for GST filing

3.Goods and Services Tax (GST) and 101st Amendment Act, 2016

The Goods and Services Tax (GST) in India was introduced through the 101st Amendment Act of 2016. This constitutional amendment was a crucial step in the implementation of GST, which aimed to create a unified and comprehensive indirect tax system across the country.

Here are some key points related to the 101st Amendment Act and GST:

 

  • The 101st Amendment Act was enacted to amend the Constitution of India to pave the way for the introduction of the Goods and Services Tax.
  • It added a new article, Article 246A, which confers concurrent powers to both the central and state governments to levy and collect GST
  • The amendment led to the creation of the GST Council, a constitutional body consisting of representatives from the central and state governments. The council is responsible for making recommendations on GST rates, exemptions, and other related issues
  • The amendment introduced a dual GST structure, where both the central government and the state governments have the power to levy and collect GST on the supply of goods and services
  • For inter-state transactions, the 101st Amendment Act provides that the central government would levy and collect the Integrated Goods and Services Tax (IGST), which would be a sum total of the central and state GST
  • The amendment also included a provision for compensating states for any revenue loss they might incur due to the implementation of GST for a period of five years
The 101st Amendment Act was a critical legislative step that provided the constitutional framework for the implementation of GST in India. It addressed the need for a unified tax system, simplifying the tax structure and promoting a common market across the country. The subsequent establishment of the GST Council has played a pivotal role in the ongoing management and evolution of the GST system in India
 
4. What are the different types of Goods and Services Tax (GST)?

In India, the Goods and Services Tax (GST) is structured into different tax rates based on the nature of the goods and services. As of my last knowledge update in January 2022, the GST rates are divided into multiple slabs. It's important to note that tax rates may be subject to changes, and new amendments could have been introduced since then. As of my last update, the GST rates are as follows:

  • Nil Rate:

    • Some goods and services are categorized under the nil rate, meaning they attract a 0% GST. This implies that no tax is levied on the supply of these goods or services.
  • 5% Rate:

    • This is a lower rate, applicable to essential goods such as certain food items, medical supplies, and other basic necessities.
  • 12% Rate:

    • Goods and services falling in this category attract a 12% GST rate. Items such as mobile phones, processed foods, and certain services fall under this slab.
  • 18% Rate:

    • A higher rate of 18% is applicable to goods and services such as electronic items, capital goods, and various services.
  • 28% Rate:

    • The highest GST rate of 28% is applied to luxury items, automobiles, and certain goods and services that are considered non-essential or fall into the luxury category.
  • Compensation Cess:

    • In addition to the above rates, some specific goods attract a compensation cess, which is levied to compensate the states for any revenue loss during the transition to GST. This is often applied to items like tobacco and luxury cars.
  • Zero Rate:

    • Certain categories of goods and services may be specified as "zero-rated," which means they are effectively taxed at 0%. This is different from the nil rate, as it allows businesses to claim input tax credit on inputs, capital goods, and input services.
  • Exempt Supplies:

    • Some goods and services may be exempt from GST altogether. This means that they are not subject to any GST, and businesses cannot claim input tax credit on related inputs
 
5.Central GST (CGST), State GST (SGST), Union territory GST (UTGST) and Integrated GST (IGST)
 
 
Subject Central GST (CGST) State GST (SGST) Union Territory GST (UTGST) Integrated GST (IGST)
Levied by Central Government Respective State Governments Union Territory Administrations Central Government (on inter-state transactions)
Applicability On intra-state supplies (within the same state) On intra-state supplies (within the same state) On intra-union territory supplies (within the same union territory) On inter-state supplies (across states or union territories)
Rate Determination Determined by the Central Government Determined by the Respective State Government Determined by the Union Territory Administration IGST rate is a sum of CGST and SGST rates
Revenue Collection Collected by the Central Government Collected by the Respective State Government Collected by the Union Territory Administration Collected by the Central Government (on inter-state transactions)
Utilization of Revenue Shared between Central and State Governments Retained by the Respective State Government Retained by the Union Territory Administration Shared between Central and State Governments
Purpose Part of the dual GST structure, meant to cover central taxes Part of the dual GST structure, meant to cover state taxes Applicable in union territories for intra-territory supplies Applied to regulate and tax inter-state supplies
Input Tax Credit (ITC) ITC available for CGST paid on inputs and services ITC available for SGST paid on inputs and services ITC available for UTGST paid on inputs and services ITC available for both CGST and SGST paid on inputs
Tax Jurisdiction Applies within a particular state Applies within a particular state Applies within a particular union territory Applies to transactions across states and union territories
GSTN Portal for Filing Returns Central GSTN portal State-specific GSTN portals UTGSTN portal Integrated GSTN portal
 
 
6.What are the benefits of Goods and Services Tax (GST) in India?
 
The Goods and Services Tax (GST) in India was implemented with the aim of bringing about significant reforms in the indirect tax structure. Several benefits have been associated with the introduction of GST.
 
Here are some key advantages:
 
  • GST replaced multiple indirect taxes levied by the central and state governments, simplifying the tax structure. This streamlined system reduces the complexity of compliance for businesses
  • GST eliminates the cascading effect of taxes, where taxes are levied on top of other taxes. With a seamless credit mechanism, businesses can claim input tax credit on the taxes paid on their purchases, leading to a more transparent and efficient system
  • GST has facilitated the creation of a common national market by harmonizing tax rates and regulations across states. This has reduced trade barriers and promoted the free flow of goods and services throughout the country
  • The GST system has incorporated technology-driven processes, including electronic filing and real-time reporting, making it harder for businesses to evade taxes. This has contributed to increased tax compliance
  • The input tax credit mechanism under GST benefits manufacturers, as they can claim credits for taxes paid on raw materials and input services. This has a positive impact on the cost of production and enhances the competitiveness of Indian goods in the international market
  • GST brings transparency to the taxation system. The online filing of returns and the availability of transaction-level data make it easier for tax authorities to monitor and track transactions, reducing the scope for corruption
  • GST has replaced a complex system of filing multiple tax returns with a more straightforward mechanism. Businesses now need to file fewer returns, reducing the compliance burden
  • The implementation of GST has contributed to an improvement in the ease of doing business in India. The unified tax system has made it simpler for businesses to operate across states and has reduced the paperwork and bureaucratic hurdles associated with tax compliance
  • GST has led to the harmonization of tax rates across states and union territories, minimizing the tax rate disparities that existed earlier. This creates a more predictable tax environment for businesses
7.Goods and Services Tax (GST)-Issues and Challenge
 
  • Despite the intention to simplify the tax structure, the multi-tiered rate system (0%, 5%, 12%, 18%, and 28%) and the inclusion of cess on certain goods have introduced complexity. The classification of goods and services under different tax slabs can be challenging, leading to disputes and confusion
  • The successful implementation of GST relies heavily on technology. Issues such as technical glitches on the GSTN (Goods and Services Tax Network) portal, especially during the initial phases, have caused difficulties for businesses in filing returns and complying with regulations
  • The compliance requirements for businesses under GST, including multiple returns filing, have been perceived as burdensome. Smaller businesses, in particular, may find it challenging to adapt to the new system and comply with the various provisions
  • The transition from the previous tax regime to GST posed challenges, especially for businesses in terms of understanding the new tax structure, reconfiguring accounting systems, and ensuring a smooth transition of credits from the old tax system to the GST system
  • The classification of certain goods and services into specific tax slabs has been a source of contention. Ambiguities in classification have led to disputes and litigations, with businesses seeking clarity on the applicable tax rates
  • The implementation of GST has increased compliance costs for businesses due to the need for sophisticated IT infrastructure, the hiring of tax professionals, and efforts to ensure accurate reporting and filing
  • Challenges related to availing and matching input tax credits have been reported. Timely matching of credits and resolving discrepancies can be cumbersome, leading to concerns about the seamless flow of credit across the supply chain
  • The anti-profiteering provisions were introduced to ensure that businesses pass on the benefits of reduced tax rates to consumers. However, the implementation of anti-profiteering measures has been criticized for its complexity and potential for disputes
  • The periodic changes in the GST return filing system have created challenges for businesses in adapting their processes. Delays and complexities in return filing can affect working capital management
8.Goods and Services Tax Council (GST Council)
 
The Goods and Services Tax Council (GST Council) is a constitutional body in India that makes recommendations on the Goods and Services Tax (GST). It was established under the Constitution (122nd Amendment) Act, 2016, which introduced the GST in India

The GST Council consists of the following members:

  • The Union Finance Minister, who is the Chairperson of the Council.
  • The Union Minister of State in charge of revenue or any other Minister of State nominated by the Union Government.
  • One Minister from each state, nominated by the Governor of that state.
  • The Chief Secretary of each state, ex-officio.
  • If the President, on the recommendation of the Council, so directs, one representative of each Union territory which has a legislature, to be nominated by the Lieutenant Governor of that Union territory.
  • Three to seven members (other than Ministers) to be nominated by the Union Government, of whom at least one member shall be from the field of economics and another from the field of chartered accountancy, legal affairs or public finance
9. Way forward
 
It's important to note that the composition and structure of the GST Council may evolve over time, and there might have been changes since my last update in January 2022. To obtain the latest and most accurate information about the GST Council and its members, it is recommended to refer to official government sources or recent announcements by the relevant authorities

 

For Prelims: Economic and Social Development and Indian Polity and Governance
For Mains: General Studies II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein

General Studies III: Inclusive growth and issues arising from it

 
 
Previous Year Questions
 
1.Which of the following are true of the Goods and Services Tax (GST) introduced in India in recent times? (UGC Paper II 2020)
A. It is a destination tax
B. It benefits producing states more
C. It benefits consuming states more
D. It is a progressive taxation
E. It is an umbrella tax to improve ease of doing business
Choose the most appropriate answer from the options given below:
A.B, D and E only
B.A, C and D only
C.A, D and E only
D.A, C and E only
Answer (D)
 
Source: Indianexpress
ALIGARH MINORITY UNIVERSITY (AMU)
 
 
 
 
 
1. Context 
 
The Supreme Court, headed by Chief Justice of India D.Y. Chandrachud, comprising a seven-judge Bench, is presently adjudicating the 57-year-old dispute concerning the minority status of the Aligarh Muslim University (AMU).
 

2. Understanding 'Minority Character' in Educational Institutions
 
Constitutional Framework
Article 30(1) within Part III of the Constitution confers a fundamental right upon religious and linguistic minorities, allowing them to establish and administer educational institutions of their choice. The subsequent Clause 2 emphasizes the State's obligation to maintain 'equality of treatment' in providing aid to all educational institutions, regardless of their minority status. This right extends across all levels of education, ranging from primary schools to professional institutions.
Exemptions and Privileges
Educational institutions enjoying minority status, as outlined in Article 30, receive certain exemptions and privileges. Notably, they are exempt from implementing reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in both admissions and employment. Furthermore, these institutions have the authority to reserve up to 50% of seats for students from their specific community. They also possess greater control over the employment of staff compared to non-minority institutions.
Demographic Determination
In the T.M.A. Pai Foundation case of 2002, the Supreme Court provided clarity on the definition of a 'minority.' It emphasized that the determination of minority status should be based on the demographic composition of the concerned State rather than the national population. This ensures a contextual understanding of minority identity within the specific region rather than a uniform national criterion.
 

3. Background of the Aligarh Muslim University Minority Status Case

 

In 1877, Sir Syed Ahmed Khan, a prominent Muslim reformer, established the Muhammadan Anglo-Oriental College (MAO College) in Aligarh to address educational gaps among Muslims while preserving Islamic values. The Aligarh Muslim University Act of 1920 (AMU Act) was enacted to amalgamate the MAO College and the Muslim University Association into the Aligarh Muslim University (AMU).

Amendments and Changes

In 1951, the AMU Act underwent amendments that eliminated compulsory religious education for Muslims and the exclusive Muslim representation mandate in the University Court. Subsequent changes in 1965 further redistributed powers among various bodies, including the executive, with the President of India nominating members to the governing body.

Legal Dispute Initiation (1967)

The legal dispute originated in 1967 when the Supreme Court, in the case of S. Azeez Basha versus Union of India (UOI), reviewed the amendments from 1951 and 1965. The petitioners argued for the Muslim right to manage AMU, given its establishment by Muslims. However, a five-judge Supreme Court bench upheld the amendments, contending that AMU was neither established nor administered by the Muslim minority, emphasizing the Act's enactment through Central legislation.

Nationwide Protests and Amendments (1981)

This ruling sparked widespread protests, leading to the amendment of the AMU Act in 1981 to affirm the university's minority status. This acknowledgement was a response to the protests and a recognition of the historical context of Muslim involvement in the establishment and administration of AMU.

Reservations and Legal Challenges (2005-2006)

In 2005, AMU reserved 50% of postgraduate medical seats for Muslim candidates. However, the Allahabad High Court, in Dr Naresh Agarwal vs UOI (2005), declared the reservation policy ultra vires, leading to an appeal by the UOI and the University to the Supreme Court in 2006. However, in 2016, the UOI withdrew from the appeal, refusing to acknowledge the University's minority status. Consequently, the University is currently pursuing the case independently.

 

4. Current Status of the Aligarh Muslim University Case in the Supreme Court

The Supreme Court is currently deliberating on two pivotal issues within the Aligarh Muslim University (AMU) case — the criteria for determining the minority status of an educational institution and whether an institution established under a statute can be accorded such status.

Petitioners' Argument

The petitioners advocate for AMU's entitlement to minority status, emphasizing its historical context and the Muslim community's role in its establishment. They contend that statutory regulations or State aid, as provided to AMU, do not negate its minority character. The reliance on the T.M.A Pai Foundation verdict is asserted to support the argument that legislative acts merely 'incorporated' the university, preserving its distinct 'establishment' by the minority community under Article 30.

Government's Stand

The Union of India (UOI) is aligning with the S. Azeez Basha verdict, asserting that AMU does not qualify for minority status. Solicitor General Tushar Mehta argues that AMU, having surrendered its rights to the British government and assumed a secular character with the 1920 Act, should not be considered a minority institution. However, the Chief Justice of India (CJI) interjected, asserting that the political inclination of AMU does not impact its minority status.

 

5. The Way Forward

 

The judgment in this case holds significant implications, as it is poised to set a precedent that will influence the rights and legal recognition of all minority institutions. The Supreme Court's decision will establish a framework for determining minority status in educational institutions and clarify the impact of statutory incorporation on such status.

 
For Prelims: Aligarh Muslim University, Minorities, Article 30
For Mains: 
1. Analyze the role of the judiciary in upholding the rights of minorities in India. Discuss the challenges and limitations faced by the judicial system in addressing such sensitive issues. (250 Words)
 
 
Previous Year Questions
 
1. Who founded Aligarh Muslim University? (UPSSSC Forest Guard 2018)
 
A. Syed Ahmed Khan    B. Mohammad Ali     C. Jauhar Muhammad Iqbal  D. Syed Ameer Ali Answer: A
 
2. In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to? (UPSC 2011)
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister's 15-Point Programme.
Which of the statements given above is/are correct?
A. 1 only      B. 2 and 3 only          C. 1 and 3 only           D. 1, 2 and 3
 
Answer: C
 
3. Which of the following Articles of the Constitution of India specifies the right of minorities to establish and administer educational institutions? (Delhi Police Constable 2020) 
A. Article 29         B. Article 27         C. Article 28           D. Article 30
 
Answer: D
 
4. Which minorities are mentioned in article 30 of the Indian Constitution? (SSC CGL 2022)
A. Linguistic and religious
B. Religious, cultural and linguistic
C. Cultural and linguistic
D. Religious and cultural
 
Answer: 1-A, 2-C, 3-D, 4-A
 
 
 
Source: The Hindu

SNOWFALL IN KASHMIR

 
 
 
 
1. Context 
 

This winter, snow is missing across popular ski destinations in Kashmir and Himachal Pradesh. Gulmarg and Pahalgam typically blanketed in white, lack the powder for skiing enthusiasts. Similarly, Himachal Pradesh's famed resorts boast dry slopes and barren valleys instead of their usual snowy charm. Even Uttarakhand's Himalayas have seen minimal snowfall, with Auli recording its first dusting only on January 19th. According to the IMD, Himachal received a staggering 99.7% less rain than the average for January, shattering the previous record of 99.6% set in 1996

 

2. Factors Contributing to the Scarce Snowfall

  • Snowfall is contingent upon sufficient moisture and sub-zero atmospheric temperatures. Despite the low temperatures observed since December, various factors have converged to impede the customary snowfall.
  • An analysis conducted by the India Meteorological Department (IMD) in mid-January revealed that maximum temperatures across the plains of northern India have consistently been 5-8°C below normal since December 29.
  • Moreover, minimum temperatures in numerous stations in northwest India remained below 4 degrees Celsius throughout January.
  • This temperature pattern has led to the persistence of dense fog over the northwest Indian plains, causing zero visibility in several cities spanning from Amritsar to Dibrugarh, encompassing Haryana, Delhi, Uttar Pradesh, and Bihar.
  • While the presence of moisture and high aerosol levels contributes to the formation of fog, three primary factors have contributed to the dearth of snowfall, thereby intensifying cold waves across northern India.
  • These factors include a significant decline in Western Disturbances (WDs) over northwest India, prevailing El-Nino conditions, and the absence of a robust jet stream.
 
 
3. The factors that influence snowfall

Influence of Western Disturbances on Snowfall

Western Disturbances (WDs) play a crucial role in the winter weather patterns of northern India. Originating in mid-latitude regions, these storms travel vast distances to bring precipitation to the region. Typically, WDs in winter dissipate fog, increase sunlight reaching the ground, raise temperatures, and, when temperatures are low, lead to snowfall. The melted snow from these events contributes to vital water sources like the Ganga, Indus, and Yamuna rivers. However, this winter has seen a notable absence of WDs, with only two impacting regions Gujarat, north Maharashtra, east Rajasthan, and Madhya Pradesh. The scarcity of WD-induced precipitation has resulted in an 80% rainfall deficit in the Western Himalayan Region.

Impact of El-Nino Conditions on Winter Weather

Prevailing El-Nino conditions, characterised by warmer ocean temperatures in the equatorial Pacific Ocean, may have also contributed to the lack of snowfall. Regardless of El Nino or its counterpart La Nina, the number of WDs in December and January has been declining. The winter of 2022-23 reported India's hottest December on record, with an 83% rainfall deficit in the northwest region, which typically receives a significant portion of its rainfall during this season.

Disrupted Weather Patterns and Global Warming

Recent years have witnessed a disruption in the traditional pattern of WDs, with an increase observed in February and March, sometimes causing flash floods in regions like Uttarakhand and Himachal Pradesh. The conventional WD pattern has been notably absent since 2019, contributing to extended dry periods and intense wet spells. Meteorologists and climate scientists attribute these irregular weather patterns to global warming, emphasising the characteristic shifts seen in recent years.

 

4. Significance of Jet Streams in Winter Weather Patterns

Jet streams, characterized by powerful winds ranging from 250-320 kmph and located approximately 12 km above mean sea level, play a pivotal role in shaping winter weather conditions in northern India.

Carrier of Western Disturbances

Jet streams serve as carriers for Western Disturbances (WDs), crucial for bringing precipitation to the region. However, the current lack of moisture has altered their typical role, leading to a contribution to the subsidence of cold air and exacerbating cold conditions over northern India.

Influence on Cold Air and Moisture Dynamics

Following the withdrawal of the monsoon, jet streams come into play by drawing in moisture from the Arabian Sea. In the absence of sufficient moisture this winter, jet streams have primarily been contributing to the subsidence of cold air, intensifying the prevailing cold conditions over northern India.

Impact of Climate Change on Jet Stream Behavior

Recent research suggests a significant shift in the behaviour of jet streams. These high-altitude winds have been observed to be shifting northwards in recent years. Emerging studies propose that this shift is a consequence of warming in the Arctic seas. The warming alters the natural temperature gradient crucial for determining the strength and direction of the jet streams. As a result, the changing behaviour of jet streams contributes to the evolving winter weather patterns observed in northern India.

 

 

5. The Way Forward

The lack of snow in Kashmir this winter paints a concerning picture. Climate change appears to be the driving force, disrupting weather patterns and impacting snowfall through reduced Western Disturbances, weakened jet streams, and El Nino's influence. To prevent such scenarios, tackling climate change through sustainability, emissions reduction, and renewable energy adoption is crucial. Additionally, communities must adapt by developing drought-resistant crops, exploring alternative water sources, and diversifying tourism. This stark reminder of our planet's vulnerability demands immediate action. Understanding the causes and taking steps to address them can ensure the Himalayas remain snow-crowned, sustaining life and wonder for generations to come.

 

For Prelims: El Nino, Snowfall, Climate Change, Jet streams, Himalayas, Western Disturbances, India Meteorological Department
For Mains: 
1. "The snowless winter in Kashmir serves as a stark reminder of our planet's vulnerability." Discuss this statement in the context of global environmental challenges and the need for sustainable development practices. (250 Words)
2. Explain the scientific principles behind the formation of snowfall, and discuss the role of Western Disturbances and jet streams in winter precipitation patterns in the Himalayas. (250 Words)
 
 
Previous Year Questions
 
1. Snow, sleet and hail are the forms of  (NDA 2022)
 
A. precipitation      B. condensation     C. transpiration      D. evaporation
 

2. Which one of the following is associated with the issue of control and phasing out of the use of ozone-depleting substance? (UPSC CSE 2015)

A.Bretton woods conference
B. Montreal Protocol
C. Kyoto Protocol
D. Nagoya Protocol
 
 
3. Headquarters of the World Meteorological Organization is located in (NDA  2017)
A. Washington
B. Geneva
C. Moscow
D. London
 
 
4. With reference to the Agreement at the UNFCCC Meeting in Paris in 2015, which of the following statements is/are correct? (UPSC 2016)
1. The Agreement was signed by all the member countries of the UN and it will go into effect in 2017
2. The Agreement aims to limit greenhouse gas emissions so that the rise in average global temperature by the end of this century does not exceed 2°C or even 1.5°C above pre-industrial levels.
3. Developed countries acknowledged their historical responsibility in global warming and committed to donate $ 1000 billion a year from 2020 to help developing countries to cope with climate change.
Select the correct answer using the code given below:
A. 1 and 3 only   B. 2 only      C. 2 and 3 only    D.  1, 2 and 3
 
 
5. A new type of El Nino called El Nino Modoki appeared in the news. In this context, consider the following statements: (UPSC 2010) 
1. Normal El Nino forms in the Central Pacific ocean whereas El Nino Modoki forms in the Eastern Pacific ocean.
2. Normal El Nino results in diminished hurricanes in the Atlantic ocean but El Nino Modoki results in a greater number of hurricanes with greater frequency.
Which of the statements given above is/are correct? 
A. 1 only       B. 2 only        C. Both 1 and 2             D. Neither 1 nor 2
 
 
6. La Nina is suspected to have caused recent floods in Australia. How is La Nina different from El Nino? (UPSC 2011) 
1. La Nina is characterized by unusually cold ocean temperature in the equatorial Indian Ocean whereas El Nino is characterized by unusually warm ocean temperature in the equatorial Pacific Ocean.
2. El Nino has an adverse effect on the south-west monsoon of India, but La Nina has no effect on the monsoon climate.
Which of the statements given above is/are correct? 
A. 1 only        B. 2 only         C. Both 1 and 2           D. Neither 1 nor 2
 
 
7. Consider the following statements:  (MPSC 2017)
a. La Nina is a little girl.
b. During the time of La Nina cold water in the ocean rises to the surface.
c. La Nina strengthens the Indian monsoon.
d. During the time of El Nino, trade winds weaken, and warm water moves east in the ocean. Which of the above statements is/are correct? 
A. Only a and b          B. a, b and c         C. Only b and c           D. All of the above
 
 
8. Which of the following statements regarding 'Green Climate Fund' is/are correct? (UPSC 2015)
1. It is intended to assist the developing countries in adaptation and mitigation practices to counter climate change.
2. It is founded under the aegis of UNEP, OECS, Asian Development Bank and World Bank. 
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
 
 
9. In the context of any country, which one of the following would be considered as part of its social capital? (UPSC 2019)
A. The proportion of literature in the population
B. The stock of its buildings, other infrastructure and machines
C. The size of population in the working age group
D. The level of mutual trust and harmony in the society
 
 
10. The International Development Asso­ciation, a lending agency, is adminis­tered by the (UPSC 2010)
A. International Bank for Reconstruc­tion and Development
B. International Fund for Development
C. United Nations Development Programme.
D. United Nations Industrial Development Organization
 
Answers: 1-A, 2-B, 3-B, 4-B, 5-B, 6-D, 7-D, 8-A, 9-D, 10- A
 
Mains
1. Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC 2021)
 
Source: The Hindu

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