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DAILY CURRENT AFFAIRS, 27 JULY 2024

GOVERNOR'S ASSENT TO STATE LAWS 

 
 
 
 
1. Context
 
The Supreme Court agreed to examine if Governors, by indefinitely sitting on crucial Bills only to eventually refer them to the President who solely acts on the advice of the Centre, are opening the doors for Union interference in the legislative domain of States, thereby subverting federalism
 

2. Conflict Over Governors' Assent to Bills

  • In the ongoing conflict between states governed by opposition parties and their Governors appointed by the President on the Centre's advice, a recent development has emerged.
  • Over the past year, several states, including Kerala, Tamil Nadu, Telangana, and Punjab, have taken legal recourse by approaching the Supreme Court regarding Governors withholding assent to Bills for extended periods.
  • This situation underscores a larger issue concerning the balance of powers and the functioning of state legislatures within India's federal structure.

3. Governor's Role in Lawmaking

  • Article 200 of the Constitution delineates the role of the Governor in the legislative process. After a Bill has been passed by the state legislature, it must be presented to the Governor. Subsequently, the Governor holds three options: to give assent to the Bill, withhold assent, or reserve the Bill for consideration by the President.
  • In cases where assent is withheld, Article 200 allows the Governor to return the Bill to the legislature, accompanied by a message requesting reconsideration of the Bill or specific provisions. If the Bill is passed again by the legislature, with or without amendments, and presented to the Governor for assent, the Governor is obligated to grant assent.
  • However, the absence of a stipulated timeline in the article has led to ambiguity and disputes. Governors have frequently withheld assent to Bills for prolonged periods, leaving them and the state legislature in a state of uncertainty. This lack of clarity has prompted states to seek intervention from the Supreme Court to resolve the issue.
 

4. President's Role in the Legislative Process

  • Article 201 of the Constitution outlines the role of the President in the legislative process, particularly when a Bill is sent for consideration after being passed by a state legislature.
  • If a Bill is sent to the President for consideration, the President can choose to either give assent or withhold assent, as specified in Article 201.
  • In cases where assent is withheld, the President requests the Governor to return the Bill to the state legislature for reconsideration.
  • The state government then has a period of six months to reconsider the Bill; failing to do so results in the Bill lapsing.
  • If the Bill is reconsidered and passed once again by the state legislature, it must be sent back to the President for assessment.
  • Unlike the Governor, the President is not obliged to give assent when reviewing the reconsidered Bill.
  • This scenario represents the only instance where state governments do not have the final say in their own lawmaking process, as the decision ultimately rests with the President.

 

5. Issues Raised by the Kerala Government

The Kerala government has raised significant concerns regarding the actions of Governor Khan and President Murmu, terming them as "manifestly arbitrary" actions that violate fundamental rights and constitutional provisions.

  • The petition filed by the Kerala government argues that the actions of Governor Khan and President Murmu are "manifestly arbitrary," indicating unreasonable and irrational decision-making. This characterization points to a violation of the right to equality, as such actions lack justification and fairness.
  • The Kerala government's petition asserts that the decision to keep Bills pending without making a prompt decision violates Article 200 of the Constitution. The provision mandates that the Governor should decide on Bills "as soon as possible" after presentation. By not adhering to this requirement, the Governor's actions are seen as undermining the functioning of the state legislature and rendering it ineffective.
  • The petition further argues that the prolonged withholding of assent by the Governor has subverted the functioning of the state legislature, rendering it ineffective and serving no practical purpose. This challenges the essence of legislative processes and the role of the Governor in the lawmaking procedure.
  • Regarding President Murmu's decision to withhold assent to four Bills without providing reasons, the Kerala government contends that this action violates Article 201 of the Constitution. Article 201 stipulates that the President should return a Bill with recommended amendments if the assent is withheld, emphasizing the need for transparency and reasons for such decisions.

 

6. Governors' Actions and State Governments' Responses

Several states have encountered challenges related to Governors' actions in withholding assent to Bills and other matters, leading to disputes and legal interventions.

  • Tamil Nadu's Experience: In November last year, the Supreme Court expressed concern over Tamil Nadu Governor R N Ravi withholding assent to 10 Bills enacted by the state legislature, some pending since January 2020. This action was criticized for its prolonged nature and lack of reasons provided. Additionally, disputes between Tamil Nadu's DMK government and Governor Ravi have been ongoing, including disagreements over ministerial appointments.
  • Telangana's Grievance: Similarly, the Telangana government approached the Supreme Court in March 2023 due to former Governor Tamilisai Soundarajan's refusal to give assent to 10 Bills passed by the legislative assembly. Although Soundarajan eventually gave her assent, the delay and disputes highlighted tensions between the state government and the Governor's office.
  • Legal Perspectives and Court Interventions: The issue of elected governments being subject to Governors' decisions, particularly in opposition-led states like Telangana. Despite legal arguments and requests for court directions, the Supreme Court refrained from passing detailed orders, emphasizing the constitutional intent behind timely decision-making as per Article 200.
  • Political Dynamics and Future Implications: It's notable that Soundarajan, previously involved in assent disputes, is now a BJP candidate for the Lok Sabha elections. This political context adds complexity to the relationship between state governments and Governors, highlighting the ongoing challenges and potential implications for governance and constitutional principles.

7. Governor's Authority in Withholding Assent to Bills

  • In November 2023, the Supreme Court deliberated on the issue of whether a Governor could withhold assent to Bills passed by the state legislature if they believed the session where the Bills were passed was convened illegally.
  • This matter arose from Punjab, where Governor Banwarilal Purohit refused to give assent to four Bills passed by the Punjab Assembly, citing legal advice indicating a breach of law and procedure in their passage. Despite this, the Bills were not returned to the Assembly for reconsideration.
  • The Supreme Court ruled that Governors do not possess the authority to obstruct the regular process of lawmaking by state legislatures.
  • It clarified that the phrase "as soon as possible" in Article 200 implies that Governors cannot indefinitely delay action on Bills without any justification.
  • The court emphasized that if a Governor chooses to withhold assent, they must adhere to the procedure outlined in the first proviso of Article 200, which involves returning the Bill to the state legislature for reconsideration.
  • While the court outlined the responsibilities of Governors in the lawmaking process, it refrained from specifying a definitive timeline for Governors to make decisions on Bills.
  • This omission has prompted the Kerala government to approach the Supreme Court seeking clarification on the issue.
 

8. The Way Forward

Addressing the challenges related to the Governor's assent requires a multi-dimensional approach that balances constitutional mandates, legal clarity, political responsibility, and public participation. Collaborative efforts among stakeholders and judicious use of constitutional mechanisms are key to ensuring robust and accountable governance in the legislative domain.

 

For Prelims: Governor, Center-state relations, Article 200

For Mains: 
1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words)
2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words)
3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections.  (250 Words)
 
 
Previous Year Questions
 
1.  With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019)
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

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

 

2. Consider the following statements: ( UPSC 2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

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

 
3.Which of the following are the discretionary powers given to the Governor of a State? (2014)
1. Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
2. Reserving certain bills passed by the State Legislature for consideration of the President of India
3. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

 A. 1 and 2 only          B. 1 and 3 only                   C.  2, 3 and 4 only        D. 1, 2, 3 and 4
 
 
4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
 
Answers: 1-C, 2-C, 3-B, 4-C
Source: The Indian Express
 

ASEAN

1. Context

The Association of Southeast Asian Nations (ASEAN) was the cornerstone of India’s Act East Policy and its Indo-Pacific vision, External Affairs Minister S. Jaishankar said on 26/07/2024, as he sought to expand cooperation with the bloc. Mr. Jaishankar was in the Laotian capital of Vientiane to participate in the meetings of ASEAN members

2. About the ASEAN and East Asia Summit?

ASEAN (Association of Southeast Asian Nations)

  • ASEAN is a regional intergovernmental organization consisting of ten countries in Southeast Asia.
  • It was founded on August 8, 1967, to promote political and economic cooperation, regional stability, and social progress among its member states.
  • The founding members of ASEAN are Indonesia, Malaysia, the Philippines, Singapore, and Thailand, with Brunei, Vietnam, Laos, Myanmar, and Cambodia joining later.
  • ASEAN holds regular meetings and summits to discuss regional issues, economic integration, and diplomatic cooperation.
Image Source: The Research Gate

East Asia Summit (EAS)

  • The East Asia Summit is a broader regional forum that includes ASEAN member states along with eight other countries, namely Australia, China, India, Japan, New Zealand, South Korea, Russia, and the United States.
  • The EAS was established in 2005 to provide a platform for discussions on strategic, political, and economic issues affecting East Asia.
  • It addresses a wide range of regional and global challenges, from security and trade to environmental issues.
Image Source: Twitter

3. The Rationality behind the ASEAN and East Asia Summit 

  • Promote regional peace and stability. The EAS provides a forum for leaders to discuss and address common security challenges, such as terrorism, piracy, and natural disasters.
  • Foster economic growth and development. The EAS can help to promote trade and investment, and to facilitate economic integration in the region.
  • Address non-traditional security challenges. The EAS can also address non-traditional security challenges, such as climate change, pandemics, and human trafficking.

4. About ‘multilateralism’ 

Multilateralism is a principle of international relations that emphasizes cooperation between countries. This cooperation can take many forms, such as diplomacy, trade agreements, and international organizations. There are several benefits to multilateralism including

1. It can help to promote peace and stability by encouraging countries to work together to resolve their differences.
2. It can help to promote economic growth by reducing barriers to trade and investment. 
3. It can help to address common challenges, such as climate change and terrorism.

4.1. Concept of Multilateralism

  • The concept of multilateralism emphasizes diplomacy, negotiation, and cooperation among nations to achieve collective objectives.
  • It rests on equality, non-interference in internal affairs, and respect for international law.
  • Multilateral institutions like the United Nations, the World Trade Organization, and regional organizations such as ASEAN play significant roles in facilitating multilateral cooperation.

4.2. Purpose of Multilateralism

  • Foster international cooperation and dialogue.
  • Promote peace and security by addressing conflicts through diplomacy and collective security mechanisms.
  • Facilitate economic integration and trade through agreements like the World Trade Organization (WTO).
  • Address global challenges such as climate change, public health crises, and terrorism through coordinated efforts.
  • Uphold international law and human rights.
  • Create a more stable and predictable international system.

4.3.  About post-Cold War multilateralism

  • Post-Cold War multilateralism refers to the practice of cooperation between countries in the post-Cold War era.
  • This cooperation is often seen as a way to address common challenges and promote peace and stability.
  • There are several reasons why multilateralism has become more important in the post-Cold War era.
  1. The end of the Cold War led to a decline in superpower rivalry, which created an opportunity for countries to cooperate more closely.
  2. The rise of new challenges, such as terrorism and climate change, has made it clear that no country can address these challenges alone.
  3. The increasing interconnectedness of the world economy has made it more important for countries to cooperate on trade and investment issues.

5. Unilateralism and Multilateralism in International Relations

Unilateralism

  • Unilateralism is an approach in international relations where a nation acts independently and without seeking the approval or cooperation of other countries.
  • This can include making decisions, taking military action, or implementing policies without regard for international consensus.
  • Unilateralism can be seen as a more assertive or isolationist stance.

Multilateralism

  • Multilateralism involves collaboration and cooperation among multiple nations to address global challenges.
  • It values diplomacy, negotiation, and shared responsibilities. Multilateral approaches are often considered more inclusive and consensus-based.

6. Is multilateralism declining?

  • There is some evidence to suggest that multilateralism is declining. For example, the number of new international organizations has declined in recent years, and there has been a rise in unilateralism, particularly in the United States.
  • However, there are also many examples of countries cooperating multilaterally to address common challenges.
  • Ultimately, the future of multilateralism will depend on the willingness of countries to work together to address the challenges of the 21st century.
For Prelims: ASEAN, East Asia Summit, Post-Cold War,  multilateralism, G20 summit, United Nations, the World Trade Organization, Unilateralism,
For Mains: 
1. Discuss the concept and purpose of post-Cold War multilateralism. What factors have contributed to the increased emphasis on multilateral cooperation in the post-Cold War era? (250 Words)
 
 
Previous Year Questions
 
1. India is a member of which among the following? (UPSC 2015) 
1. Asia-Pacific Economic Cooperation
2. Association of South-East Asian Nations
3. East Asia Summit
Select the correct answer using the code given below.
A. 1 and 2 only        B. 3 only        C. 1, 2 and 3           D. India is a member of none of them
 
Answer: B
 
2. Recently, the USA decided to support India's membership in multilateral export control regimes called the "Australia Group" and the "Wassenaar Arrangement". What is the difference between them? (UPSC 2011)
1. The Australia Group is an informal arrangement which aims to allow exporting countries to minimize the risk of assisting chemical and biological weapons proliferation, whereas the Wassenaar Arrangement is a formal group under the OECD holding identical objectives.
2. The Australia Group comprises predominantly of Asian, African and North American countries, whereas the member countries of Wassenaar Arrangement are predominantly from the European Union and American continents.
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
 
Answer: D
 
3. With reference to the "Look East Policy" of India, consider the following statements (UPSC 2011)
1. India wants to establish itself as an important regional player in East Asian affairs.
2. India wants to plug the vacuum created by the termination of the Cold War.
3. India wants to restore the historical and cultural ties with its neighbours in Southeast and East Asia.
Which of the statements given above is/are correct?
A. 1 only               B. 1 and 3 only           C. 3 only        D. 1, 2 and 3
 
Answer: B
 
4.With reference to the “G20 Common Framework”, consider the following statements: (UPSC 2022)
1. It is an initiative endorsed by the G20 together with the Paris Club.
2. It is an initiative to support Low Income Countries with unsustainable debt.
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
Answer: C
 
5. In which one of the following groups are all the four countries members of G20? (UPSC 2020) 
A. Argentina, Mexico, South Africa and Turkey
B. Australia, Canada, Malaysia and New Zealand
C. Brazil, Iran, Saudi Arabia and Vietnam
D. Indonesia, Japan, Singapore and South Korea
Answer: A
 
6. With reference to the United Nations General Assembly, consider the following statements: (UPSC 2022) 
1. The UN General Assembly can grant observer status to the non-member States.
2. Inter-governmental organisations can seek observer status in the UN General Assembly.
3. Permanent Observers in the UN General Assembly can maintain missions at the UN headquarters.
Which of the statements given above are correct?
A. 1 and 2 only    B. 2 and 3 only    C.1 and 3 only  D. 1, 2 and 3
 
Answer: D
 
7. In the Context of which of the following do you sometimes find the terms 'amber box, blue box and green tax' in the news? (UPSC CSE 2016)
A. WTO Affairs
B. SAARC affairs
C. UNFCC affairs
D. India-EU negotions on FTA
Answer-A

8. In the context of the affairs which of the following is the phrase "Special Safeguard Mechanisms" mentioned in the news frequently? (UPSC 2010)

A. United Nations Environment Program

B. World Trade Organization Agreement

C. ASEAN-India

D. Free Trade G-20 Summits

Answer: B

9. Consider the following statements: (UPSC 2017)

1. India has ratified the Trade Facilitation Agreement (TFA) of the WTO

2. TFA is a part of WTO's Bali Ministerial Package of 2013

3. TFA came into force in January 2016

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 1 and 3 only

C. 2 and 3 only

D. 1, 2 and 3

Answer: A

10. Which of the following are the main functions of WTO? (UPSC ESE 2020) 
1. To organize meetings of member countries to arrive at trade agreements covering international trade
2. To ensure that member countries conduct trade practices as per agreement agreed upon and signed by the member countries
3. To provide a platform to negotiate and settle disputes related to international trade between and among member countries
A. 1 and 2 only          B. 1 and 3 only      C.  2 and 3 only            D.  1, 2 and 3
 
Answer: D
 
11. In a unilateral system of tolerance, tolerance is allowed on which side? (HPCL Engineer Mechanical 2021) 
A. one side of the nominal size
B. no side of the nominal size
C. Both sides of the actual size
D. One side of the actual size
 
Answer: A
 
12. Which of the following is a bilateral element? (UPSSSC JE Electrical 2016)
A. constant current source
B. constant voltage source
C. capacitance
D. None of these
 
Answer: C
 
Source: The Hindu

CPI-AL and RL

1. Context 

All-India Consumer Price Index for Agricultural Labourers (CPI-AL) and Rural Labourers (CPI-RL) (Base: 1986-87=100) registered an increase of 11 points each in June 2024, reaching levels of 1280 and 1292, respectively
 

2. Consumer Price Index

  • CPI is a measure that examines the weighted average of prices of a basket of goods and services which are of primary consumer needs. It includes transportation, food, and medical care.
  • CPI is calculated by taking price changes for each item in the predetermined basket of goods and averaging them based on their relative weight in the whole basket.
  • It calculates the difference in the price of commodities and services. its base year is 2012.
There are four types of  CPI
  1. CPI for Industrial worker (IW)
  2. CPI for Agriculture Labour (AL)
  3. CPI for Rural Labour (RL)
  4. CPI Urban and rural combined
  • The first three are compiled by the Labour Bureau of the Ministry of Labour and Employment, fourth is compiled by Nationational Statistics Organisation (NSO) by the Ministry of Statistics and Programme Implementation.

3. CPIs AL and RL

  • These are used to fix the minimum wages of agricultural labourers and rural unskilled employees.
  • The Labour Bureau is also expected to bring out a new series of the CPI-AL/RL, which currently has the base year of 1986-87.

4.1 CPIs AL

  • The All-India Consumer Price Index for Agricultural Labourers (CPI-AL) and Rural Labourers (CPI-RL) (Base: 1986-87=100) registered an increase of 11 points each in June 2024, reaching levels of 1280 and 1292, respectively.
  • The year-on-year inflation rates based on CPI-AL and CPI – RL for this month were recorded at 7.02% and 7.04%, compared to 6.31% and 6.16% in June, 2023. The corresponding figures for May, 2024 were 7.00% for CPI-AL and 7.02% for CPI-R
 


 

4.2 CPIs RL

  • It recorded an increase of 1 to 16 points in 18 states and a decrease of 5 to 9 points in 2 states.
  • Tamil Nadu with 1333 points topped the index table whereas Himachal Pradesh with 965 points stood at the bottom.
  • Amongst states, the maximum increase in the Consumer Price Index Numbers for Agricultural and Rural Labourers was experienced by Bihar State (16 points each) mainly due to a rise in the prices of wheat-atta, maize, fish fresh, onion, firewood, vegetables and fruits, etc.
  • On the contrary, the maximum decrease in the Consumer Price Index Numbers for Agricultural Labours and Rural Labourers was experienced by Assam state (9 points each) mainly due to a fall in the prices of rice, fish-fresh, firewood, vegetables and fruits etc.

5. Inflation rate 

  • Point-to-point rate of inflation based on the CPI-AL and CPI-RL stood at 6.87 per cent and 6.99 per cent in November 2022 compared to 7.22 per cent and 7.34 per cent respectively in October 2022 and 3.02 per cent and 3.38 per cent respectively during the corresponding month of the previous year.
  • Similarly, the food inflation stood at 6.19 per cent and 6.05 per cent in November 2022 compared to 7.05 per cent and 7 per cent respectively in October 2022 and 0.88 per cent and 1.07 per cent respectively during the corresponding month of the previous year.

 

For Prelims & Mains

For Prelims: CPI-AL and RL, Inflation, Ministry of Labour and Employment,
For Mains:
1. What is Consumer Price Index for Agricultural Labourers and Rural Labourers? and Explain how it is measured. (250 Words)
 
Previous Year Questions
 
1. With reference to inflation in India, which of the following statements is correct? (UPSC 2015)
A. Controlling the inflation in India is the responsibility of the Government of India only
B. The Reserve Bank of India has no role in controlling the inflation
C. Decreased money circulation helps in controlling the inflation
D. Increased money circulation helps in controlling the inflation
 
Answer: C
 
2. With reference to India, consider the following statements: (UPSC 2010)
1. The Wholesale Price Index (WPI) in India is available on a monthly basis only.
2. As compared to Consumer Price Index for Industrial Workers (CPI(IW)), the WPI gives less weight to food articles.
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
 
Answer: C
 
3. Consider the following statements: (UPSC 2020)
1. The weightage of food in Consumer Price Index (CPI) is higher than that in Wholesale Price Index (WPI).
2. The WPI does not capture changes in the prices of services, which CPI does.
3. Reserve Bank of India has now adopted WPI as its key measure of inflation and to decide on changing the key policy rates.
Which of the statements given above is/are correct?
 A. 1 and  2 only       B. 2 only       C. 3 only           D. 1, 2 and 3
 
4. India has experienced persistent and high food inflation in the recent past. What could be the reasons? (UPSC 2011)
1. Due to a gradual switchover to the cultivation of commercial crops, the area under the cultivation of food grains has steadily decreased in the last five years by about 30.
2. As a consequence of increasing incomes, the consumption patterns of the people have undergone a significant change.
3. The food supply chain has structural constraints.
Which of the statements given above are correct? 
A. 1 and 2 only          B. 2 and 3 only        C. 1 and 3 only          D. 1, 2 and 3
 
Answer: B
 
 
5. The Public Distribution System, which evolved as a system of management of food and distribution of food grains, was relaunched as _______ Public Distribution System in 1997. (SSC JE EE 2021) 
A. Evolved         B. Transformed      C. Tested            D. Targeted
 
Answer: D
 
6. Under the Antyodaya Anna Yojana, up to what quantity of rice and wheat can be purchased at a subsidised cost? (FCI AG III 2023) 
A. 35 kg          B. 40 kg          C. 30 kg           D. 25 kg           E. 50 kg
 
Answer: A
 
7. As per the the National Statistical Office (NSO) report released on 7 January 2022, India's Gross domestic product (GDP) is expected to grow at ___________ per cent (in first advance estimates) in the fiscal year 2021-22?  (ESIC UDC 2022) 
A. 17.6 per cent     B. 9.5 per cent     C. 11 per cent        D. 9.2 per cent   E. None of the above
 
Answer: D
 
8. The main emphasis of OPEC (Organisation of the Petroleum Exporting Countries) is on which of the following? (UKPSC 2016)
A. The production of petroleum
B. Control over prices of petroleum
C. Both (a) and (b)
D. None of the above
 
Answer: C
 
9. In the context of global oil prices, "Brent crude oil" is frequently referred to in the news. What does this term imply? (UPSC 2011)
1. It is a major classification of crude oil.
2. It is sourced from the North Sea.
3. It does not contain sulfur.
Which of the statements given above is/are correct?
A. 2 only    B. 1 and 2 only        C. 1 and 3 only         D. 1, 2 and 3
 
Answer: B
 
10. The term 'West Texas Intermediate', sometimes found in news, refers to a grade of (UPSC 2020)
A. Crude oil   B. Bullion         C. Rare earth elements       D.  Uranium
 
Answer: C
 
11. With reference to the cultivation of Kharif crops in India in the last five years, consider the following statements: (UPSC 2019)
1. Area under rice cultivation is the highest.
2. Area under the cultivation of jowar is more than that of oilseeds.
3. Area of cotton cultivation is more than that of sugarcane.
4. Area under sugarcane cultivation has steadily decreased.
Which of the statements given above are correct? 
A. 1 and 3 only        B.  2, 3 and 4 only        C. 2 and 4 only         D. 1, 2, 3 and 4
 
Answer: A
 
 Source: PIB
 

AUTONOMOUS DISTRICT COUNCIL

 

1. Context

A joint forum of the Chief Executive Magistrates (CEMs) of all 10 Autonomous District Councils (ADCs) from the Northeast met Union Home Minister Amit Shah on Thursday to push for the passing of a Bill that would amend the Sixth Schedule of the Constitution and increase these councils’ powers and funds.

2. What are Autonomous Hill (or District) Councils?

Autonomous District Councils (ADCs) are a significant political and administrative feature in certain regions of India, primarily in the northeastern states.
These councils have a special status and are designed to promote local self-governance and protect the interests and rights of tribal communities residing in these areas.

Origin and Background:

  • ADCs find their roots in the Sixth Schedule of the Indian Constitution, which provides special provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
  • The primary objective behind the creation of ADCs is to safeguard the cultural, social, and economic interests of the tribal populations inhabiting these areas while preserving their distinct identity and traditions.

Geographical Scope:

  • ADCs are predominantly found in the northeastern states of India, specifically in regions with a significant tribal population.
  • States like Assam, Meghalaya, Tripura, and Mizoram have multiple ADCs, each catering to a particular tribal area.

Structure and Powers:

  • Autonomous District Councils have a specific administrative structure, typically comprising an elected body of representatives from the tribal communities residing within the council's jurisdiction.
  • These councils are vested with powers to formulate laws, regulations, and policies on various subjects, including land, forest, and local governance.
  • They exercise a degree of autonomy in governing their respective regions, which includes decision-making on matters crucial to the tribal communities.

Functions and Responsibilities:

  • ADCs play a vital role in local governance and development within their territories. They are responsible for the administration of tribal lands, natural resources, and community welfare.
  • They have the authority to manage and regulate land use, protect traditional customs and practices, and ensure equitable distribution of resources among the tribal population.
  • ADCs often collaborate with the state government on matters related to education, healthcare, infrastructure development, and economic upliftment of tribal communities.

Challenges and Concerns:

  • Despite their noble objectives, ADCs often face challenges such as inadequate funding, political interference, and administrative constraints.
  • Ensuring transparency and accountability in their functioning remains a challenge, and there is a need for capacity building and greater awareness among tribal representatives.

3. Manipur’s Hill Councils

Manipur's Hill Councils are a significant administrative and political feature in the state of Manipur, located in northeastern India. These councils have been established to address the unique cultural, social, and political needs of the various tribal communities residing in the hilly regions of Manipur. Here's an overview of Manipur's Hill Councils:

Establishment and Background:

  • The Hill Councils in Manipur were established under the Manipur (Hill Areas) District Councils Act, 1971. This legislation aimed to provide a framework for the administration of the hill areas within the state.
  • Manipur's Hill Councils were created to grant autonomy to these tribal regions while preserving their distinct identities and traditions.

Geographical Scope:

  • Manipur's Hill Councils primarily cover the hilly and tribal-dominated regions of the state, including districts like Churachandpur, Senapati, Tamenglong, and Ukhrul.
  • These councils are instrumental in governing these hilly areas and ensuring the welfare and development of the tribal communities residing there.

Structure and Powers:

  • The Hill Councils have a specific administrative structure comprising elected representatives from the tribal communities within their respective jurisdictions.
  • They possess legislative powers to frame laws and regulations on various subjects, including land, forests, and local governance, within their territorial boundaries.
  • These councils are entrusted with decision-making authority in critical areas such as land management, protection of indigenous customs and practices, and equitable distribution of resources among tribal populations.

Functions and Responsibilities:

  • Manipur's Hill Councils play a vital role in local governance and development within their areas. They are responsible for the administration of tribal lands, preservation of tribal culture, and safeguarding the rights and interests of indigenous communities.
  • They work in collaboration with the state government to address key issues related to education, healthcare, infrastructure development, and economic empowerment of tribal populations.

4. How are Manipur ADCs different from Sixth Schedule ADCs?

Manipur ADCs (Autonomous District Councils) and Sixth Schedule ADCs (Autonomous District Councils under the Sixth Schedule of the Indian Constitution) share some similarities in terms of their purpose, which is to promote local self-governance and protect the interests of tribal communities. However, they also have notable differences, primarily in their legal frameworks and geographical locations. Here's a comparison of the two:

Legal Framework:

Manipur ADCs:

  • Manipur ADCs are established under the Manipur (Hill Areas) District Councils Act, 1971. This Act provides the legal framework for the creation and functioning of ADCs in specific hill areas of Manipur.

Sixth Schedule ADCs:

  • Sixth Schedule ADCs, on the other hand, are established under the Sixth Schedule of the Indian Constitution. This constitutional provision grants special autonomous status to certain tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram.

Geographical Scope:

Manipur ADCs:

  • Manipur ADCs primarily cover the hilly and tribal-dominated regions of Manipur, a northeastern state in India.

Sixth Schedule ADCs:

  • Sixth Schedule ADCs are found in multiple northeastern states, including Assam, Meghalaya, Tripura, and Mizoram. They are limited to the specific tribal areas mentioned in the Sixth Schedule.

States Covered:

Manipur ADCs:

  • Manipur ADCs are unique to the state of Manipur and are administered within the boundaries of Manipur.

Sixth Schedule ADCs:

  • Sixth Schedule ADCs are found in multiple northeastern states, each with its own set of autonomous district councils. They are established in states as per the provisions of the Sixth Schedule of the Indian Constitution.

5. What is the Sixth Schedule?

The Sixth Schedule is a provision within the Constitution of India that deals with the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura, and Mizoram. It grants a special status to these areas to protect the interests, rights, and cultural identity of the tribal communities residing there. Here are the key features and provisions of the Sixth Schedule:

Autonomous District Councils (ADCs):

  • The primary feature of the Sixth Schedule is the creation of Autonomous District Councils (ADCs) within the tribal areas of the mentioned states. These ADCs have a degree of autonomy and authority to govern their respective regions.

Administrative Autonomy:

  • ADCs have legislative, executive, and financial powers specified in the Sixth Schedule. They can make laws on various subjects, manage local resources, and formulate policies for the areas under their jurisdiction.

Subjects under ADC Jurisdiction:

  • The Sixth Schedule empowers ADCs to make laws on subjects such as land, forests, agriculture, local customs, and traditions, among others. They have control over these subjects within their autonomous districts.

Safeguarding Tribal Rights:

  • The Sixth Schedule is designed to protect the rights and interests of tribal communities. It ensures that tribal customs, traditions, and land rights are preserved and safeguarded.

Council Composition:

  • ADCs have elected members, and the composition may vary depending on the specific provisions of the Sixth Schedule for each state. These councils often include representatives from different tribal communities.

Governor's Role:

  • The Governor of the state plays a significant role in the functioning of ADCs. The Governor has the authority to notify the areas to be administered by the ADCs and can also assume certain powers in exceptional circumstances.
For Prelims: Autonomous District Councils (ADCs), Manipur's Hill Councils, Manipur (Hill Areas) District Councils Act, 1971, Sixth Schedule.
For Mains:
1. Discuss the significance of the Sixth Schedule in protecting the rights and interests of tribal communities in the northeastern states. How does it contribute to the preservation of tribal culture and identity? (250 words).
2. Examine the key features of the Autonomous District Councils (ADCs) established under the Sixth Schedule. How do ADCs promote local self-governance and resource management in tribal areas? (250 words).
 

Previous year Question

1. Which of the following provisions of the Constitution of India have a bearing on Education? (UPSC 2012)
1. Directive Principles of State Policy
2. Rural and Urban Local Bodies
3. Fifth Schedule
4. Sixth Schedule
5. Seventh Schedule
Select the correct answer using the codes given below:
A. 1 and 2 only
B. 3, 4, and 5 only
C. 1, 2, and 5 only
D. 1, 2, 3, 4 and 5
Answer: D
Source: The Indian Express

ROYALTY AND TAX

 
 
1. Context
In an 8-1 majority ruling 25/07/2024, a nine-judge Constitution Bench of the Supreme Court upheld the power of states to levy royalty on extraction of minerals from their land and said they can also tax the lands which comprise mines and quarries.
 
2.What are the different lists under the constitution?
 

The Constitution of India includes three lists that distribute powers between the Central (Union) government and the State governments. These lists are part of the Seventh Schedule of the Constitution and are known as the Union List, State List, and Concurrent List. Here's an overview of each:

  • Union List:
    • Contains subjects on which the Central government can make laws
    • Has 98 items (originally 97, one item added later)
    • Includes matters of national importance like defense, foreign affairs, currency, railways, etc.
  • State List:
    • Contains subjects on which State governments can legislate
    • Has 59 items (originally 66, some items moved to other lists)
    • Includes matters of state and local importance like public order, police, public health, agriculture, etc.
  • Concurrent List:
    • Contains subjects on which both Central and State governments can make laws
    • Has 52 items (originally 47, some items added later)
    • Includes matters like education, forests, marriage, adoption, etc.

In addition to these three main lists, there are two other important lists mentioned in the Constitution:

  • List I of the Ninth Schedule:
    • Contains acts and regulations related to land reforms and abolition of the zamindari system
    • Laws in this list are protected from judicial review
  • Eighth Schedule:
    • Lists the officially recognized languages of India
    • Originally had 14 languages, now includes 22 languages
 
3.What are the constitutional provisions related to the sharing of revenue between the center and the state?
 

The Constitution of India provides for a system of fiscal federalism, which includes mechanisms for sharing revenue between the central (Union) government and the state governments. Here are the key constitutional provisions related to revenue sharing:

  • Article 268: Duties levied by the Union but collected and appropriated by the States.
  • Article 269: Taxes levied and collected by the Union but assigned to the States.
  • Article 270: Taxes levied and collected by the Union and distributed between the Union and the States.
  • Article 271: Surcharge on certain duties and taxes for purposes of the Union.
  • Article 272: (Repealed) Used to deal with Union duties of excise.
  • Article 273: Grants in lieu of export duty on jute and jute products.
  • Article 275: Grants from the Union to certain States.
  • Article 280: Finance Commission
    • Establishes the Finance Commission, which is appointed every five years
    • The Commission recommends the distribution of net proceeds of taxes between the Union and States, and among the States themselves
  • Article 281: Recommendations of the Finance Commission
  • Article 282: Expenditure defrayable by the Union or a State out of its revenues
  • Seventh Schedule:
    • Union List (List I): Specifies taxes that can be levied by the central government
    • State List (List II): Specifies taxes that can be levied by state governments
    • Concurrent List (List III): Areas where both can legislate, but central laws prevail in case of conflict
4.What is the Seventh Schedule of the Constitution?
The Seventh Schedule of the Constitution of India is a crucial component that defines the distribution of powers between the Union (Central) government and the State governments. It contains three lists that enumerate the subjects on which different levels of government can legislate and administer
 
List Number of Items Description Example
Union List (List I) 98 (originally 97) Subjects on which only the Central government can make laws Defense, Foreign affairs, Railways, Currency, National highways
State List (List II) 59 (originally 66) Subjects on which State governments have exclusive power to legislate Public order, police, public health, agriculture
Concurrent List (List III) 52 (originally 47) Subjects on which both Central and State governments can make laws Education, forests, marriage, adoption
 
 
5. What is the difference between royalty and tax?
 
Royalties are payments made to the owner of a product for the permission to utilize that product. For instance, if a film studio intends to feature a particular piece of music by an artist in their new movie, they must pay a royalty fee directly to the artist. Most experts agree that royalties differ from taxes due to their “conceptual distinction.” Unlike taxes, which are imposed by government entities, royalties arise from specific agreements or contracts between the leaseholder of a mine and the lessor, who may be a private individual
 
Differences:
  • Royalties and taxes represent different types of financial obligations with distinct characteristics. A royalty is a payment made to the owner of a right or property in exchange for permission to use that right or property, typically based on a specific agreement or contract.
  • Royalties often involve payments to individuals or entities for using intellectual property, natural resources, or other assets and are usually calculated as a percentage of revenue or as a fixed amount per use or period. They are negotiated between private parties and governed by contracts.
  • In contrast, a tax is a mandatory financial charge imposed by the government on individuals, businesses, or property to fund public expenditures and services. Taxes are not negotiable and are based on criteria set by tax laws or regulations, such as income, property value, or sales.
  • They are compulsory payments collected by government authorities at various levels (local, state, or federal) to support functions like infrastructure, education, healthcare, and defense.
  • The key differences between royalties and taxes lie in their nature and purpose. Royalties are voluntary and contractual payments for using specific assets, whereas taxes are compulsory and mandated by law for public revenue.
  • Royalties are often based on usage or revenue from the asset, while taxes are calculated based on income, property value, or consumption.
  • Furthermore, royalties are agreed upon by private parties and governed by contracts, while taxes are imposed by government authorities and governed by legislation. Essentially, royalties provide income to asset owners or creators, while taxes fund government operations and public services
 
6. Supreme Court Verdict
 
  • Royalties are payments made to the owner of a product for the right to utilize that product. For instance, if a film studio wants to feature a particular piece of music by an artist in their film, they must pay a royalty fee to the artist.
  • The court majority determined that royalties are not considered taxes due to a "conceptual difference" between the two. Royalties are based on specific agreements or contracts between the leaseholder of a mine and the lessor, who may even be a private individual.
  • Additionally, the court ruled that Parliament's authority under Entry 54 of the Union List does not include the power to impose taxes, which is a prerogative of state legislatures. However, Entry 50 permits Parliament to impose "any limitations" on state taxation powers, which could potentially include a prohibition on certain taxes.
  • The court did not confine states' taxation authority over mineral development to Entry 50 alone. It affirmed that states also have the authority to tax the land where mines and quarries are situated.
  • According to the majority decision, a royalty under Section 9 of the 1957 Act is "not akin to a tax."
  • It was noted that Parliament can restrict states from taxing mineral rights through Entry 50 of List II (State List), though the 1957 Act lacks a specific provision that limits state powers to tax mineral rights.
  • Entry 50 of List II deals with "taxes on mineral rights, subject to any limitations imposed by Parliament through laws related to mineral development."
  • Regarding taxes on land with quarries or mines, the majority opinion stated that states can levy such taxes under Entry 49 of List II, which addresses "taxes on lands and buildings."
7.Way Forward
 
While both royalties and taxes involve financial payments, they serve fundamentally different purposes and operate under distinct frameworks. Royalties are contractual payments made for the use of intellectual property or natural resources, reflecting negotiated agreements between private entities and typically calculated based on usage or revenue. Taxes, on the other hand, are compulsory contributions imposed by the government to support public services and infrastructure, based on legal mandates and calculated through specific criteria such as income or property value. Understanding these differences highlights the distinct roles each plays in economic and financial systems, with royalties supporting private sector interests and innovation, and taxes ensuring the funding of essential public services and governance
 
 
For Prelims: Current events of national and international importance
For Mains: GS-II, III: Government policies and interventions, Economy
 
Previous Year Questions
 

1.With reference to the management of minor minerals in India, consider the following statements: (UPSC CSE 2019)

1. Sand is a ‘minor mineral’ according to the prevailing law in the country

2. State Governments have the power to grant mining leases of minor minerals, but the powers regarding the formation of rules related to the grant of minor minerals lie with the Central Government.

3. State Governments have the power to frame rules to prevent illegal mining of minor minerals.

Which of the statements given above is/are correct?

(a) 1 and 3 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Answer (a)

 
Source: Indianexpress

COMMUNICABLE DISEASES

 
 
1. Context
 
The Prime Minister’s Science, Technology, and Innovation Advisory Council (PM-STIAC) reviewed the ongoing activities for pandemic preparedness across agencies and recognised the need for a unified effort in pandemic preparedness through a "National One Health Mission (NOHM)" to address gaps and enhance coordination among multiple sectors. Thirteen Ministries/Departments coordinate and synergise their activities to realise the objectives of the NOHM, which is steered by the Office of the Principal Scientific Advisor to the Government of India along with key stakeholders.
 
2. What is a Disease?
 

A disease is a pathological condition of a living organism resulting from the effect of a specific cause, such as a pathogen, genetic mutation, or environmental factors. It disrupts normal bodily functions and can cause symptoms ranging from mild to severe. Diseases can be classified into various categories, including:

  • Infectious Diseases: Caused by pathogens like bacteria, viruses, fungi, or parasites (e.g., influenza, tuberculosis).
  • Genetic Diseases: Resulting from genetic mutations or abnormalities (e.g., cystic fibrosis, Down syndrome).
  • Chronic Diseases: Long-lasting conditions that develop gradually (e.g., diabetes, cardiovascular disease).
  • Autoimmune Diseases: Where the immune system attacks the body's own tissues (e.g., rheumatoid arthritis, lupus).
  • Degenerative Diseases: Involve the progressive deterioration of tissues or organs (e.g., Alzheimer's disease, Parkinson's disease)
 
3. What is a Communicable Disease?
 
A communicable disease, also known as an infectious or transmissible disease, is an illness that can be spread from one person to another or from animals to humans. These diseases are caused by pathogenic microorganisms such as bacteria, viruses, parasites, or fungi.

Key characteristics of communicable diseases include:

 

  • Transmission: They can spread through various means, including:
    • Direct contact with an infected person
    • Indirect contact with contaminated objects or surfaces
    • Airborne transmission (through coughs or sneezes)
    • Vector-borne transmission (via insects or animals)
    • Contaminated food or water
  • Contagiousness: The ability to spread varies among diseases, with some being highly contagious and others less so.
  • Incubation period: The time between infection and the appearance of symptoms can range from hours to years, depending on the disease.
  • Preventability: Many communicable diseases can be prevented through measures like vaccination, hygiene practices, and public health interventions.

Examples of communicable diseases include:

  • Influenza (flu)
  • COVID-19
  • Tuberculosis
  • Malaria
  • HIV/AIDS
  • Hepatitis B and C
  • Measles
 
4. National One Health Mission (NOHM)
 
The National One Health Mission (NOHM) is an initiative that aims to address health challenges at the human-animal-environment interface using an integrated approach. While I don't have specific details about its implementation or current status, I can provide you with general information about the One Health concept and its relevance to India.

The key pillars of the NOHM are:

  • Technology enabled integrated surveillance across sectors.
  • National network of Biosafety Level 3 (BSL-3) laboratories (for testing high-risk or unknown pathogens).
  • Collaborative and integrated R&D for medical countermeasures including vaccines, diagnostics, and therapeutics for human-animal-wildlife-livestock health.
  • Data integration across sectors.
  • Training and capacity building in all spheres related to One Health.
5. Way Forward
 
The Integrated Disease Surveillance Programme (IDSP), active since 2004, monitors and responds to over 33 communicable diseases across all 36 States/UTs. IDSP employs District Public Health Laboratories (DPHLs) and State Referral Laboratories (SRLs) for disease surveillance and media scanning to enhance early outbreak detection and response. The Government has approved ₹386.86 Crore for a new program under the National One Health Mission, aimed at bolstering integrated disease control and pandemic preparedness through enhanced surveillance, R&D, data integration, and global collaboration
 
 
For Prelims: Communicable Diseases, Non-Communicable Diseases, Diabetes, and Prediabetes, Low-density lipoprotein (LDL) cholesterol, and ICMR.
For Mains: 1. Explain the significance of the study on metabolic non-communicable diseases (NCDs) in India and their implications for public health policies. (250 Words)
 
 
Previous year Questions
 
1.Which one of the following is a rare disease caused by the deficiency of Vitamin D that causes the bones to become soft and to bend? (SSC CHSL 2020)
A.Rickets
B.Pernicious anemia
C.Atrophic gastritis
D.Lupus
Answer (A)
 
Source: PIB
 

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