Important topics and their relevance in UPSC CSE exam for January 25, 2024. If you missed the January 24, 2024 UPSC CSE exam key from the Indian Express, read it here

FRONT PAGE

Gyanvapi: Rival parties to get ASI survey report

Syllabus:

Preliminary Examination: Current events of national and international importance and History of India

Mains Examination: General Studies II: Structure, organization and functioning of the Executive and the Judiciary

Key Points to Ponder:

• What’s the ongoing story- The Varanasi District Court on Wednesday allowed copies of the Archaeological Survey of India (ASI) report in the Gyanvapi mosque complex to be made available to both parties in the matter, said advocates representing the Muslim and Hindu sides.

• Vishwanath temple-Gyanvapi mosque controversy- What is the issue thus far?

• “The Archaeological Survey of India (ASI) submitted its report on a scientific survey it had undertaken at the Gyanvapi mosque complex”-What is in the report?

• What are the historical claims with respect to Gyanvapi mosque?

• What exactly Allahabad High Court (HC) said?

• Gyanvapi Mosque-Know the Style and Architecture

• Kashi Vishwanath Temple Architecture-Know in detail

• How did the Supreme Court enter the picture?

• What Supreme Court said in this matter?

• What are the issues involved in this case?

• Quick Recall-The Gyanvapi Mosque was built in 1669 during the reign of the Mughal emperor Aurangzeb, who ordered the demolition of the existing Vishweshwar temple at the site, and its replacement by a mosque. This is mentioned in the 1937 book, ‘History of Benares: From the Earliest Times Down to 1937’, by A S Altekar, who was head of the Department of Ancient Indian History and Culture at Banaras Hindu University.

The plinth of the temple was left untouched, and served as the courtyard of the mosque. One of the walls too was spared, and it became the qibla wall, the most important wall in a mosque that faces Mecca. Material from the destroyed temple was used to build the mosque, evidence of which can be seen today.

The name of the mosque is said to have derived from an adjoining well, the Gyanvapi, or Well of Knowledge. An old sculpture of the Nandi bull inside the compound of the present Kashi Vishwanath Temple faces the wall of the mosque instead of the sanctum sanctorum of the temple. It is believed that Nandi is in fact, facing the sanctum sanctorum of the original Vishweshwar temple. For more than 100 years after the mosque was built, there was no temple at the site. The present Kashi Vishwanath Temple was built in the 18th century by Rani Ahilyabai Holkar of Indore, immediately to the south of the mosque. Over the decades it emerged as one of the most prominent and revered centres of the Hindu religion.

Many Hindus have long believed that the original lingam of the erstwhile Vishweshwar temple was hidden by the priests inside the Gyanvapi well during Aurangzeb’s raid — which has fired the desire to conduct puja and rituals at the sacred place where the mosque now stands. From time to time, petitioners have laid claim to the mosque, saying it remains the original sacred place of Hindu worship. The VHP’s Ram Temple movement aimed to “liberate”, apart from the Ramjanmabhoomi Temple-Babri Masjid site in Ayodhya, the Kashi-Vishwanath Temple-Gyanvapi mosque site and the Shri Krishna Janmabhoomi in Mathura as well. The Places of Worship (Special Provisions) Act, 1991 — which mandates that the nature of all places of worship, except the one in Ayodhya that was then under litigation, shall be maintained as it was on August 15, 1947, and that no encroachment of any such place prior to the date can be challenged in courts — applies to the disputed complex in Varanasi.

In April 2021, Fast Track Court Civil Judge (Senior Division) Ashutosh Tiwari ordered the Director General of the Archaeological Survey of India to “get a comprehensive archaeological physical survey” done of the Kashi Vishwanath Temple-Gyanvapi Mosque complex to “find out as to whether the religious structure standing at present at the disputed site is a superimposition, alteration or addition or there is a structural overlapping of any kind, with or over, any religious structure”. The mosque is not an ASI-protected site, and the ASI has no role in its maintenance or upkeep. The site is currently opened for Hindu prayers once a year — on the fourth day of the chaitra navratri in April. The petitioners have also sought permission to pray to other “visible and invisible deities within the old temple complex”.

• What is the Places of Worship (Special Provisions) Act 1991?

• Under what circumstances was the Places of Worship Act, 1991 law enacted, and how did the government justify it?

• How Judiciary has interpreted the Places of Worship Act, 1991?

• The Places of Worship Act, 1991-Know the Key Provisions

• What Section 3 of the Places of Worship Act, 1991 is all about?

• Section 4(1) and Section 4(2) of the Places of worship act, 1991-Know the provisions

• What is Kashi Vishwanath Temple Act, 1983?

• The court cited Section 4 (9) of the Kashi Vishwanath Temple Act, 1983, defines “Temple”-What is Temple?

• Is right to worship a fundamental right?

• What is the meaning of freedom of worship?

• Right to Freedom of Religion from Articles 25 to 28-Know in detail

• Is litigation the best method to resolve disputes between faith-based communities?

Other Important Articles Covering the same topic:

????The Places of Worship Act

????Court order on Kashi Vishwanath Temple-Gyanvapi Mosque site in Varanasi: history and context

EC to law panel: Model code is not a disruption

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Salient features of the Representation of People’s Act.

Key Points to Ponder:

• What’s the ongoing story-Responding to a question by the Law Commission of India if periodic elections lead to a policy paralysis owing to the frequent imposition of the Model Code of Conduct (MCC), the Election Commission described MCC as a “vital instrumentality” in providing a level playing field to everyone, and “integral to the design of conducting free and fair elections and credible electoral outcomes”.

• How Election Commission described MCC?

• What is the Model Code of Conduct?

• When does the Model Code of Conduct come into effect?

• What restrictions does the Model Code of Conduct impose?

• Is the Model Code of Conduct legally binding?

• Previous Model Code of Conduct ‘violations’-Know in brief

• For Your Information-The Election Commission’s Model Code of Conduct is a set of guidelines issued to regulate political parties and candidates prior to elections. The rules range from issues related to speeches, polling day, polling booths, portfolios, content of election manifestos, processions and general conduct, so that free and fair elections are conducted.

According to the Press Information Bureau, a version of the MCC was first introduced in the state assembly elections in Kerala in 1960. It was largely followed by all parties in the 1962 elections and continued to be followed in subsequent general elections. In October 1979, the EC added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections.

The MCC comes into force from the date the election schedule is announced until the date that results are out. As a result, it will kick in from today evening and will remain in effect until the election process is concluded. The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.

As soon as the code kicks in, the party in power — whether at the Centre or in the States — should ensure that it does not use its official position for campaigning. Hence, no policy, project or scheme can be announced that can influence the voting behaviour. The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.

The code also states that the ministers must not combine official visits with election work or use official machinery for the same. The ruling party also cannot use government transport or machinery for campaigning. It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power. The issue of advertisement at the cost of public exchequer in the newspapers and other media is also considered an offence. The ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc. which may influence the voters.

Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments can be used to lure voters. Mosques, Churches, Temples or any other places of worship should not be used for election propaganda. Bribing, intimidating or impersonation of voters is also barred. Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is also prohibited. The 48-hour period is known as “election silence”. The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote.

The fact is the MCC evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties. It has no statutory backing. Simply put, this means anybody breaching the MCC can’t be proceeded against under any clause of the Code. Everything is voluntary. The EC uses moral sanction or censure for its enforcement.

The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist.

Other Important Articles Covering the same topic:

????Model Code is only moral code, but carries weight

EXPRESS NETWORK

How can Centre not accept 1981 amendment by Parliament: SC

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Key Points to Ponder:

• What’s the ongoing story- The Supreme Court on Wednesday questioned Solicitor-General Tushar Mehta’s submission that the government did not accept the 1981 amendment made by Parliament to the Aligarh Muslim University Act, and said it cannot take such a stand.

• What is the 1981 amendment made by Parliament to the Aligarh Muslim University Act?

• What is the entire issue?

• When did the university’s minority character come under dispute?

• What exactly Supreme Court said on Wednesday?

• “In January 2006, the Allahabad High Court had struck down amendments made to the AMU Act by which the university was accorded the minority status”-Know in detail

• S Azeez Basha vs Union of India case of 1967-Know in detail

• For Your Information-In S Azeez Basha vs Union of India case of 1967, a five-judge Constitution bench of the apex court held that AMU was not entitled to minority education status as it “was neither established nor administered by the Muslim minority”. The apex court held that the university was brought into existence by the Central legislature and “not by the Muslim minority”.

The minority status was restored by an amendment to the AMU Act in 1981, but this was challenged before the Allahabad High Court, which struck down the changes in January 2006. On the change of stand, the Centre submitted that “the request for withdrawal is based on the original stand taken by the Union of India” and alleged that AMU was trying to give it a political colour.

• What is the ‘minority character’ of an educational institution?

• When and how was AMU set up?

• Do You Know- AMU’s origins can be traced back to the Muhammadan Anglo-Oriental (MOA) College, established by Sir Syed Ahmad Khan in 1875 to help Muslims overcome educational backwardness and prepare for government services. MOA not only imparted Western education but also emphasised Islamic theology. Sir Syed also advocated for women’s education.

In 1920, the institution was conferred university status and all assets of MOA College were transferred to it. The long title to the AMU Act read: “An Act to incorporate a teaching and residential Muslim University at Aligarh.” The legal dispute over AMU’s minority status dates back to 1967 when the Supreme Court (in S. Azeez Basha and another versus Union of India), led by then Chief Justice of India KN Wanchoo, was reviewing changes made in 1951 and 1965 to the AMU Act of 1920. These amendments affected how the university was run. For instance, originally, the 1920 Act said that the Governor General of India would be the head of the University. But in 1951, they changed it to replace ‘Lord Rector’ with ‘Visitor,’ and this Visitor would be the President of India.

Further, a provision that said only Muslims could be part of the University Court was removed, allowing non-Muslims to join. Additionally, the amendments reduced the authority of the University Court and increased the powers of the Executive Council of AMU. As a result, the Court essentially became a body appointed by the ‘Visitor’.

These alterations in the AMU’s structure faced a legal challenge in the Supreme Court. The petitioners argued primarily on the grounds that Muslims established AMU and, therefore, had the right to manage it. It was while considering the challenge to these amendments that the top court held on October 20, 1967, that AMU was neither established nor administered by the Muslim minority.

The highest court determined that in 1920, Muslims could have set up a university, but that would not have guaranteed that the degrees from that university would be officially recognised by the Indian government. Hence, the court emphasised, AMU was established through a central Act to ensure the government’s recognition of its degrees. So while the Act may have been passed as a result of the efforts of the Muslim minority, it does not imply that the University, under the 1920 Act, was established by the Muslim minority, the SC ruled.

Additionally, according to the 1920 Act, the SC stated, the university was not solely operated by Muslims. Instead, its administration was entrusted to the Lord Rector and other statutory bodies. Even the University Court, which had only Muslim members, was elected by an electorate which was not exclusively Muslim, the Supreme Court noted.

• Why does the dispute persist?

Other Important Articles Covering the same topic:

????The long-running legal dispute over the minority character of AMU

THE IDEAS PAGE

A GST less taxing

Syllabus:

Preliminary Examination: Economic and Social Development and Indian Polity and Governance

Mains Examination:

• 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.

Key Points to Ponder:

• What’s the ongoing story-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

• “There has been a substantial increase in the number of show-cause notices and other recovery proceedings in the last few years”-Discuss

• What is the Goods and Services Tax (GST)?

• The Kelkar Task Force on the Fiscal Responsibility and Budget Management (FRBM) Act, 2003 and the Genesis of Goods and Services Tax (GST)

• Goods and Services Tax (GST) and 101st Amendment Act, 2016-Know in detail

• What are the different types of Goods and Services Tax (GST)?

• Know the differences between Central GST (CGST), State GST (SGST), Union territory GST (UTGST) and Integrated GST (IGST)

• How would a particular transaction of goods and services be taxed simultaneously under Central GST (CGST) and State GST (SGST)?

• What are the benefits of Goods and Services Tax (GST) in India?

• Goods and Services Tax (GST)-Issues and Challenges

• GST Council and Article 279A of the Constitution-Key Provisions

• GST Council and Members-Know in detail

• What is the role of GST Council?

Other Important Articles Covering the same topic:

????Sushil Modi writes: GST 2.0: The challenges for the next phase of success

EXPLAINED

Watching the Budget

Syllabus:

Preliminary Examination: Economic and Social Development

Main Examination: General Studies III: Government Budgeting

Key Points to Ponder:

• What’s the ongoing story- The economy-related news cycle — both national and international — is set to go into overdrive next week. It will witness some of the most prominent events of the whole year.

• What lies ahead?

• What does a Budget do?

• For Your Information-Stripped to the bare essentials, a Union Budget is nothing but a statement of the government’s finances both in the current year and the forthcoming. In particular, a Budget tells about two variables: How much did the government earn (and from where) in the current year and, How much did it spend (and on what)? These are called the Revised Estimates (of FY24 in this case) and they are read in comparison to the Budget Estimates that were provided in February last year.

The Budget also projects what the government expects on both these counts in the forthcoming year. These become the Budget Estimates (of FY25 in this case). The gap between these two variables — and typically in India, much like almost all developing economies, this gap is negative i.e. government’s spending is more than its income — provides what is possibly the most sought after detail of a Union Budget: The Fiscal Deficit. This deficit is typically expressed as a percentage of the GDP and it matters because too high a fiscal deficit results in two problems:

There is little investible money left for the private sector (everyone barring the government) to borrow. Less money relative to the borrowers, in turn, implies borrowing costs (read interest rates) will inch up. In other words, higher EMIs. If the government attempts to get around this problem by printing fresh currency notes, it would lead to inflation (a rise in the general price level). Either way, the common man, indeed the poorest among them, gets hit the hardest.

Each year’s fiscal deficit adds to the stock of overall government debt. If a government continues to spend on borrowed money, repaying the debt and associated annual interest payments will become a massive worry over time. Retiring old debt typically takes the shape of higher taxes, which, in turn, drag down economic activities be it consumption or production.

• What to look for in this Budget?

• So, what about 2023-24?

• What about 2024-25?

• How to contain inflation?

• What is interim budget?

• What is the difference between interim budget and Union Budget?

• What is the difference between interim budget and vote on account?

• Who presented the first interim budget in India?

• But why interim budget this year?

• What is the current income tax slab?

Other Important Articles Covering the same topic:

????Tax sops for low-income slabs, higher capex likely in Budget

WHY TURKEY HAS FINALLY BACKED SWEDEN’S NATO MEMBERSHIP BID

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

Key Points to Ponder:

• What’s the ongoing story-Sweden’s attempt to join NATO cleared a major hurdle Tuesday (January 23) after Turkey’s parliament supported its membership. For a new country to join the North Atlantic Treaty Organization (NATO), all the existing members have to approve it. Turkey and Hungary had been opposing Sweden’s entry for almost the past two years.

• Why does Sweden want to join NATO?

• Why was Turkey opposing Sweden’s bid?

• What’s Turkey’s problem with the membership bids?

• What will Sweden bring to NATO?

• North Atlantic Treaty Organization (NATO)-Know the historical background and current Status

• What is Article 5 of NATO’s founding treaty (Collective Security)?

• What is Article 4 of NATO’s Founding Treaty?

Other Important Articles Covering the same topic:

????The new Warsaw pact

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