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UPSC Key—29th January, 2024: Supreme Court of India, De-reservation and Melanistic TigersPremium Story

UPSC Key—29th January, 2024: Supreme Court of India, De-reservation and Melanistic TigersPremium Story

UPSC Key—29th January, 2024: Supreme Court of India, De-reservation and Melanistic TigersPremium Story

Important topics and their relevance in UPSC CSE exam for January 29, 2024. If you missed the January 25, 2024 UPSC CSE exam key from the Indian Express, read it here

WEDNESDAY | Jan 31, 2024 | 6:00 PM

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FRONT PAGE

Freedom of speech to social justice, SC has strengthened democracy: PM

Syllabus:

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

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

Key Points to Ponder:

• What’s the ongoing story- The Supreme Court of India has made continuous efforts to protect the principles of freedom, equality and justice and “has strengthened India’s vibrant democracy”, Prime Minister Narendra Modi said on Sunday.

• Diamond jubilee celebrations of the Supreme Court-Know in detail

• Know the history of the Supreme Court of India?

• Regulating Act of 1773 and the Supreme Court of India-Connect the dots

• What happened to the Supreme Court of India after independence in 1947?

• The Supreme Court of India and Constitutional Provisions-Know in detail

• Articles 124 to 147 in Part V of the Constitution says what?

• Know the organisational structure of the Supreme Court of India

• How the judges of the Supreme Court are appointed?

• At present, the Supreme Court consists of how many judges?

• A person to be appointed as a judge of the Supreme Court should have certain qualifications-what are those qualifications?

• The Constitution has prescribed a minimum age for appointment as a judge of the Supreme Court-True or False?

• The Judge of the Supreme Court holds office until he attains the age of 62 years-True or False?

• First of all, what is your understanding about the collegium system?

• What is the issue of conflict between Judiciary and Executive with respect to the appointment of Judges?

• Do You Know- Judges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution. The President is required to hold consultations with such of the judges of the Supreme Court and of the High Courts as he may deem necessary.

Article 124(2) says: “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years. Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.”

And Article 217: “Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.”

• How is the seniority of judges in the Supreme Court decided?

• What does the Collegium consider while making the recommendation?

• How did the collegium system evolve when the Constitution is silent on it?

• National Judicial Appointments Commission (NJAC) Act 2014-Know the key highlights

• Supreme Court on NJAC Act 2014 (99th Constitutional Amendment Act)-know in detail

• First Judges Case (1982), Second Judges Case (1993) and Third Judges Case (1998)-Know in detail

• What was the Supreme court’s ruling in the Second Judges case (1993), with respect to the appointment of a judge?

• Third Judges case (1998) and Supreme Court’s ruling in case of the appointment-What was the Supreme Court’s ruling?

• The National Judicial Appointments Commission Act of 2014 and the Collegium System-Compare and Contrast

• For Your Information-The collegium system has its genesis in a series of judgments called “Judges Cases”. The collegium came into being through interpretations of pertinent constitutional provisions by the Supreme Court in the Judges Cases. First Judges Case: In S P Gupta Vs Union of India, 1981, the Supreme Court by a majority judgment held that the concept of primacy of the Chief Justice of India was not really to be found in the Constitution. It held that the proposal for appointment to a High Court can emanate from any of the constitutional functionaries mentioned in Article 217 and not necessarily from the Chief Justice of the High Court.

The Constitution Bench also held that the term “consultation” used in Articles 124 and 217 was not “concurrence” — meaning that although the President will consult these functionaries, his decision was not bound to be in concurrence with all of them. The judgment tilted the balance of power in appointments of judges of High Courts in favour of the executive. This situation prevailed for the next 12 years.

Second Judges Case: In The Supreme Court Advocates-on-Record Association Vs Union of India, 1993, a nine-judge Constitution Bench overruled the decision in S P Gupta and devised a specific procedure called ‘Collegium System’ for the appointment and transfer of judges in the higher judiciary. Underlining that the top court must act in “protecting the integrity and guarding the independence of the judiciary”, the majority verdict accorded primacy to the CJI in matters of appointment and transfers while also ruling that the the term “consultation” would not diminish the primary role of the CJI in judicial appointments.

“The role of the CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter. Here the word ‘consultation’ would shrink in a mini form. Should the executive have an equal role and be in divergence of many a proposal, germs of indiscipline would grow in the judiciary,” it held.

Ushering in the collegium system, the court said that the recommendation should be made by the CJI in consultation with his two seniormost colleagues, and that such recommendation should normally be given effect to by the executive. It added that although it was open to the executive to ask the collegium to reconsider the matter if it had an objection to the name recommended, if, on reconsideration, the collegium reiterated the recommendation, the executive was bound to make the appointment.

Third Judges Case: In 1998, President K R Narayanan issued a Presidential Reference to the Supreme Court over the meaning of the term “consultation” under Article 143 of the Constitution (advisory jurisdiction). The question was whether “consultation” required consultation with a number of judges in forming the CJI’s opinion, or whether the sole opinion of CJI could by itself constitute a “consultation”. In response, the Supreme Court laid down 9 guidelines for the functioning of the coram for appointments and transfers — this has come to be the present form of the collegium, and has been prevalent ever since. This opinion laid down that the recommendation should be made by the CJI and his four senior most colleagues, instead of two. It also held that Supreme Court judges who hailed from the High Court for which the proposed name came, should also be consulted. It was also held that even if two judges gave an adverse opinion, the CJI should not send the recommendation to the government.

• The Constitution has made certain provisions to safeguard and ensure the independent and impartial functioning of a Judges-Know in detail

• Jurisdiction And Powers Of Chief Justice of India-Know in detail

• Executive Vs Judiciary for appointment of judges in higher judiciary-Know in detail

• What is the role of the government in the decision-making process for the shortlisting of judges?

Other Important Articles Covering the same topic:

????Need to discuss adjournment culture, long vacations: CJI

Previous Year UPSC Prelims questions covering same theme:

????With reference to Indian Judiciary, consider the following statements (UPSC Prelims GS1 2021) 1. Any retired judge of the Supreme Court of India can be called back to sit by the Chief Justice of India with prior permission of the President of India. 2. A High court in India has the power to review its own judgement as the Supreme Court does. 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 ????Consider the following statements: (UPSC Prelims GS1 2019) 1. The- motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what Constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct? (a) 1 and 2 (b) 3 only (c) 3 and 4 only (d) 1, 3 and 4 ????The power to increase the number of judges in the Supreme Court of India is vested in (UPSC Prelims GS1 2014) (a) the President of India (b) the Parliament (c) the Chief Justice of India (d) the Law Commission ????The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC Prelims GS1 2014) (a) advisory jurisdiction (b) appellate jurisdiction. (c) original jurisdiction (d) writ jurisdiction

THE SECOND PAGE

Physical standards falling, Army introduces new fitness protocol

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies III: Various Security forces and agencies and their mandate.

Key Points to Ponder:

• What’s the ongoing story-To address the “declining physical standards among officers” in the Indian Army and the “rise of lifestyle diseases,” a new policy has been implemented. This policy not only imposes punitive action for overweight personnel with “no improvement within 30 days” but also introduces additional tests to the existing ones, requiring the maintenance of an Army Physical Fitness Assessment card (APAC) for each individual.

• What is Army Physical Fitness Assessment card?

• Why change in the fitness protocol?

• And what about mental health?

• What factors contribute to the high incidence of mental as well as physical health issues within the Indian armed forces?

• What are the potential consequences of the increasing prevalence of mental health issues within military personnel?

• What actions has the Government of India implemented to address this issue?

Other Important Articles Covering the same topic:

????Mental health a concern among the force

GOVT & POLITICS

Centre clarifies de-reservation policy after uproar over UGC draft guidelines

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Key Points to Ponder:

• What’s the ongoing story-The Education Ministry and the University Grants Commission (UGC) clarified on Sunday that centrally funded universities will not de-reserve any reserved faculty positions after an uproar over UGC’s draft guidelines suggesting the possibility of opening unfilled vacancies for SC, ST, OBC candidates to general candidates in “rare and exceptional cases”.

• What is de-reservation?

• ‘On December 27, the higher education regulator had shared draft guidelines on implementing the reservation policy in higher education institutions for public feedback by January 28’-Can you recall what was that exactly?

• Why did UGC issue the guidelines?

• What does the de-reservation chapter state?

• For Your Information-This draft, prepared by a four-member committee headed by the director of the Institute of Public Administration, Dr H S Rana, had a chapter on de-reservation of unfilled quota posts meant for teachers, officers, and employees of a university.

The chapter stated that while there is a “general ban on de-reservation of reserved vacancies in case of direct recruitment”, in exceptional circumstances it can be done if the university can provide adequate justification for it. The draft guidelines specify that proposals for de-reservation concerning job positions designated for Group A and Group B posts should be submitted to the Education Ministry, while proposals for Group C and D posts should be forwarded to the Executive Council (the top decision making body) of the university for special permission. The proposal would have to provide information such as the designation, pay scale, name of the service, responsibilities, required qualifications, efforts made to fill the post, and why it cannot be allowed to remain vacant.

In current academic practice, reserved faculty positions are not converted to recruit general candidates. While the Department of Personnel and Training (DoPT) permits de-reservation in exceptional circumstances exclusively for Group A posts, according to sources, this provision has not been put into effect in universities. Unfilled quota positions undergo re-advertisement, and universities organise special recruitment drives until suitable candidates are identified, without opening these positions to the general category. The draft UGC guidelines were seen to be paving the way for de-reservation in faculty positions in universities, which sparked an uproar.

• What was the government’s reaction?

Other Important Articles Covering the same topic:

????Why UGC’s draft guidelines sparked outrage over ‘dereservation’ in faculty recruitment 

THE EDITORIAL PAGE

Shaastra and Shastra

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main 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-Manish Sabharwal , Ashish Dhawan Writes: Our proposed National Security Strategy must target 10 Indian universities in the global top 100

• “India’s first National Security Strategy document is being written and will propose accelerating domestic defence production”-What is exactly National Security Strategy document?

• “Shaastra (knowledge) and Shastra (weapons) are siblings”-Decode the quote

• Why global rankings among universities matter?

• India’s performance — only 11 in the top 500 — could rapidly improve with five interventions.

• “India confronts changing geopolitics”-How?

• Do You Know- A National Security Strategy document outlines the country’s security objectives, and the ways to be adopted to achieve these. Updated periodically, it defines traditional, non-traditional threats and opportunities while introducing accountability of agencies tasked with the implementation of such responsibilities.

In a nutshell, a national security strategy would guide the military as well as critical defence and security reforms with strategic implications, providing a holistic view of the overall national security, the threats and the roadmap to address them.

The exact contours of the strategy being drafted is not known, but it will likely include the entire range of newer challenges and modern threats facing India, including non-traditional ones such as financial and economic security, food and energy security, information warfare, vulnerabilities in India’s critical information infrastructure, as well as those associated with supply chains and environment.

• Should India have a publicly articulated National Security Strategy?

• What will it take to draft such a strategy?

• What would be the guiding principles of the NSS?

• What doctrines and strategies must the NSS be mindful of?

• How soon can the NSS be expected?

• Which countries have a National Security Strategy?

• India’s need for a National Security Strategy-why?

• Why did India never have a national security strategy?

Other Important Articles Covering the same topic:

????India starts process to adopt National Security Strategy: why this is significant

THE BURDEN OF MALNUTRITION

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies II: Issues relating to poverty and hunger.

Key Points to Ponder:

• What’s the ongoing story- Tulika Seth Writes: Government programmes to fortify staples should be supplemented with initiatives on balanced diets

• “One of the many causes of anaemia or low haemoglobin is iron deficiency”-Discuss

• What are the key features of Anaemia Mukt Bharat (AMB)?

• Anaemia Mukt Bharat-what are the challenges involved?

• “The burden of malnutrition is complex and needs to be addressed through multiple interventions”-What kind of intervention?

• How World Health Organisation (WHO) defines ‘Malnutrition’ in Children?

• What is wasting and stunting?

• What are the Various forms of malnutrition?

• What is the difference between hunger and nutrition?

• How are hunger and nutrition related?

• What are the main causes of hunger?

• What are the main causes of hunger in India as per the report??

• Salient features of the National Food Security Act, 2013

• What is National Food Security Act, 2013 (NFSA) eligibility?

• What Schedule II of the National Food Security Act says?

• The National Family Health Survey-5 (NFHS-5) on malnutrition in children-know in detail

• Who are the beneficiaries under the Integrated Child Development Service (ICDS) Scheme?

• What is Midday Meal Scheme?

• Midday Meal Scheme-Know Key provisions of the scheme

• Midday Meal Scheme and Sarva Shiksha Abhiyan-Connect the dots

• Midday Meal Scheme and PM-POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme-How they are connected?

• Integrated Child Development Service (ICDS) Scheme and PM-POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme-Compare and contrast

• Convention on the Rights of the Child and India’s commitment to yielding “adequate nutritious food” for children-Know more in detail

• Supreme Court of India on Midday meal Scheme-Know the landmark Judgements

• What is POSHAN Abhiyaan?

• Know the objectives of POSHAN Abhiyaan?

• Poshan Abhiyaan and Midday Meal Scheme comes under which ministry?

Other Important Articles Covering the same topic:

????What is the Global Hunger Index and why is India trailing?

????How not to measure hunger

ECONOMY

‘Gravity-based structures are the future for offshore LNG regasification units’

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies III: Infrastructure: Energy, Ports, Roads, Airports, Railways etc.

Key Points to Ponder:

• What’s the ongoing story- Norway’s Crown LNG, which plans to build a 7.2-mtpa (million tonnes per annum) offshore liquefied natural gas (LNG) regasification terminal in Andhra Pradesh’s Kakinada, believes that gravity-based structures (GBS) are the answer to conventional offshore LNG terminals—floating storage regasification units (FSRUs)—in harsh weather conditions. Kakinada terminal will be India’s first, and possibly the world’s second, GBS LNG terminal, offering round-the-year operations—something FSRUs cannot offer in rough waters.

• What exactly is a gravity-based structures (GBS)?

• Apart from round-the-year operations, what are the advantages of GBS units vis-à-vis FSRUs and land terminals?

• Despite advantages, why have GBS LNG units not taken off in a big way?

• In terms of project costs, how does a GBS regasification unit compare with other types of LNG terminals?

• Earlier you had planned to close the FID by 2022-end, but it has been delayed. What is the current status and estimated timeline?

• Which companies have shown interest in using the terminal? At what stage are the negotiations?

• Are you open to Indian oil and gas companies acquiring stake in the project? Have there been any discussions?

• How safe would a GBS be in harsh weather conditions of India’s east coast? What about calamities like earthquakes and tsunamis?

Other Important Articles Covering the same topic:

????Storing energy in blocks: How gravity may solve green power’s problem

FPI disclosure norms: What are the concerns and why is Sebi seeking investor data from FPIs?

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Mains Examination: General Studies III: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.

Key Points to Ponder:

• What’s the ongoing story-Foreign portfolio investors (FPIs), who are mandated to liquidate their holdings as per the Securities and Exchange Board of India’s (Sebi) January-end deadline, will get seven months more to provide additional disclosures.

In August last year, the markets regulator had asked FPIs, who were holding more than 50 per cent of their equity AUM in a single corporate group or with an overall holding in Indian equity markets of over Rs 25,000 crore, to disclose granular details of all entities holding any ownership, economic interest, or exercising control in the FPI. The norms were announced to prevent the possible round-tripping by certain promoters using the FPI route.

• What do you understand by Foreign Portfolio Investors (FPIs)?

• Foreign Portfolio vs. Foreign Direct Investment: What’s the Difference?

• What do you understand by ‘Domestic Institutional Investors (DIIs)?

• Why has SEBI asked FPIs to provide additional disclosures?

• Some experts also attribute “outflow of foreign portfolio investment (FPI) for rupee plunging”-What FPIs’ market exit means?

• How does outflow of foreign portfolio investment impacts the markets and the rupee?

• What will be the effect on the economy?

• What additional details are required from FPIs?

• Are all FPIs required to provide additional disclosures?

• What is the timeline to meet the disclosure norms?

• Which FPIs are exempted from making additional disclosure?

• What quantum of FPIs would come under Sebi’s disclosure norms?

• What is Press Note 3?

Other Important Articles Covering the same topic:

????Foreign Portfolio vs. Foreign Direct Investment: What’s the Difference?

????Sebi says tightened FPI regulations, but tax havens pose a global challenge

EXPLAINED

Subsidies under Modi 2.0

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, 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– From New Welfarism to a renewed emphasis on subsidies and transfers —this is pretty much what has changed between the first and second term of the Narendra Modi government.

• ‘The Modi 1.0 period (2014-15 to 2018-19) saw a plethora of schemes launched for ensuring universal access to housing, toilets, drinking water, bank accounts, electricity and cooking gas connections’-Know each schemes

• What is the new Welfarism?

• What is new welfarism approach?

• “Modi 2.0, however, has witnessed a reversal of the above trend”-Discuss

• What can be done?

Other Important Articles Covering the same topic:

????Vandita Mishra writes: Modi government’s New Welfarism and rath prabharis

Behind Odisha’s plan of a safari around its famous black tigers of Similipal

Syllabus:

Preliminary Examination: General issues on Environmental ecology, Bio-diversity and Climate Change – that do not require subject specialization.

Main Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.

Key Points to Ponder:

• What’s the ongoing story- Odisha will start a melanistic tiger safari near Similipal Tiger Reserve (STR), Chief Minister Naveen Patnaik has announced. The safari will be the first of its kind anywhere in the world, and the Chief Minister invited tourists to see “the rare and majestic” melanistic tiger species “found only in Odisha”.

The state government’s plan has received in-principle approval from the technical committee of the National Tiger Conservation Authority (NTCA), the national body for the conservation of the big cat. As of now, the safari is likely to be ready for visitors by October this year.

• Map Work- Similipal Tiger Reserve (STR)

• What are black tigers or melanistic tigers?

• For Your Information-Melanism is a genetic condition in which an increased production of melanin, a substance in the skin that produces hair, eye, and skin pigmentation, results in black (or nearly black) skin, feathers, or hair in an animal. Many royal Bengal tigers of Similipal belong to a unique lineage with higher-than-normal levels of melanin, which gives them black and yellow interspersed stripes on their coats. These tigers are not entirely black, and are therefore more accurately described as being pseudo-melanistic.

The STR, which sprawls over 2,750 square km in Odisha’s Mayurbhanj district adjoining Jharkhand and West Bengal, is Asia’s second largest biosphere, and the country’s only wild habitat for melanistic royal Bengal tigers.

• What makes tigers (pseudo) melanistic?

• How many melanistic tigers are there in STR?

• What is Odisha’s plan for the melanistic tiger safari?

• Why has Odisha come up with this plan?

Other Important Articles Covering the same topic:

????WHY ODISHA WANTS TO HAVE ITS OWN TIGER CENSUS, HOW IT WILL BE DONE

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