Daily Current Affairs : Date 8/1/2019

DAILY CURRENT AFFAIRS FOR UPSC CSE

Topics Covered

1. 10 % quota for economically Weak among upper caste
2. Cyclone Pabuk
3. VVPAT
4. Section 66 A of IT Act
5. Personal Law Amendment Bill

1 . 10 % quota for economically Weak among upper caste

Context : The Union Cabinet on Monday approved a Constitution Amendment Bill to provide 10% reservation to the economically backward sections in the general category, a senior government official said. The Bill will also cover those from the Muslim, Sikh, Christian, Buddhist and other minority communities. The quota will be over and above the existing 50% reservation to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes (OBC).

Background

• Articles 330-342 under Part 16 of the Constitution outline special provisions for certain classes.
• The Constitution identifies only four such classes — SCs, STs, Backward Classes and Anglo Indians.
• The Constitutional promise is explicitly for social exclusion and discrimination.

Kalelkar and Mandal Commission

• The first Backward Classes Commission was appointed under Article 340(1) in 1953 under the Chairmanship of Kaka Saheb Kalelkar to determine criteria to identify people as socially and educationally Backward Classes, and to recommend steps to ameliorate their condition.
• In its report, the Commission interpreted the term “socially and educationally backward classes as relating primarily to social hierarchy based on caste”.
• The second Backward Classes Commission was appointed in 1978 under B P Mandal to review the state of the Backward Classes. The Commission submitted its report in 1980, but it was put in cold storage until the V P Singh government pulled it out in 1990.
• This report recommended 27.5% reservations in government jobs for OBCs, stirring a hornet’s nest in North Indian politics, with ramifications that continue to be felt today.

Case laws

• A nine-judge Constitution Bench of the Supreme Court in the Indira Sawhney case of 1992 specifically answered the question “whether backward classes can be identified only and exclusively with reference to the economic criterion.”
  It categorically held that “a backward class cannot be determined only and exclusively with reference to economic criterion.”
• Supreme Court in the Indira Sawhney case also capped reservation at 50%. The court had ruled on November 16, 1992, that “clause (4) of Article 16 of the Constitution speaks of adequate representation and not proportionate representation” and “relaxation can be done in extraordinary situations and while doing so, extreme caution has to be exercised and a special case made out.

Past Examples of such quota for

• In 2008, the government of Chief Minister V S Achuthanandan in Kerala decided to reserve 10% seats in graduation and PG courses in government colleges and 7.5% seats in universities for the economically backward among the forwards. An appeal is pending in the Supreme Court.
• In 2011, Mayawati, then Chief Minister of Uttar Pradesh, wrote to the central government asking for reservation for upper-caste poor.
• In 2008 and 2015, the Rajasthan Assembly passed Bills to provide a 14% quota to the economically backward classes (EBCs) among the forward castes
• In 2016 ordinance was promulgated in Gujarat providing 10% quota to upper castes

About the Current Quota

• The quota is targeted at economically weaker sections among the upper castes.
• General category individuals, all members of whose family together earn less than Rs 8 lakh per annum, and who have less than five acres of agricultural land, will qualify.
• Individuals whose families own or possess more agricultural land, or a residential flat of area 1,000 sq ft or larger, or a residential plot of area 100 yards or more in notified municipalities and 200 yards or more in areas other than notified municipalities, will not qualify.
• The Bill will also cover those from the Muslim, Sikh, Christian, Buddhist and other minority communities

Process of Passing the bill

• It will need an amendment of Articles 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 16 (equality of opportunity in matters of public employment) of the Constitution.
• The amendment will have to be ratified in both Lok Sabha and Rajya Sabha, by at least two thirds of members present and voting

Legal Challenges

• In the Indra Sawhney case SC categorically held that “a backward class cannot be determined only and exclusively with reference to economic criterion.
• The proposed 10% poor forward quota will take the reservation ceiling higher than 50%. Reservation in Tamil Nadu, which is 69% of the total, is protected from judicial review by the Ninth Schedule; however, the Supreme Court, in I R Coelho v State of Tamil Nadu (2007), has ruled that laws that violate the basic structure of the Constitution would be open to judicial review, including any law added to the Ninth Schedule after April 24, 1973.
• If the government proposes to bring a constitutional amendment to include the 10% quota for “unreserved economically weaker sections”, the 11-judge Kesavananda Bharati judgment may stand in the way. The judgment held that constitutional amendments which offended the basic structure of the Constitution would be ultra vires . Neither Parliament nor legislatures could transgress the basic feature of the Constitution, namely, the principle of equality enshrined in Article 14.
• The government, it is reported, proposes to bring the 10% over and above the 49% quota — 7% for Scheduled Castes, 15% for Scheduled Tribes and 27% for Socially and Educationally Backward Classes, including widows and orphans of any caste, which is permitted. But a total 59% (49%+10%) quota would leave other candidates with just 41% government jobs or seats. This may amount to “sacrifice of merit” and violate Article 14.

Counter Arguments

• In 2016 ordinance was promulgated in Gujarat providing 10% quota to upper castes . The govt justified its action through the following arguments :-
• Article 46 of the Constitution, which deals with the Directive Principles of the State Policy, required the State to promote weaker sections.
• It had categorised the 10% quota as a ‘reasonable classification’ under Article 14 and not ‘reservation’. 

Infographics

2 . Cyclone Pabuk

Context : The Centre has sounded an “Orange” alert for the Andaman and Nicobar Islands, which is facing a cyclonic storm. An “orange” weather warning means people should “be prepared” and there is an increased likelihood of bad or extreme weather, which may disrupt road and air travel and threaten life and property

Cyclone Warning System

• The cyclone warnings are issued to state government officials in four stages. The First Stage warning known as “PRE CYCLONE WATCH” issued 72 hours in advance contains early warning about the development of a cyclonic disturbance in the north Indian Ocean, its likely intensification into a tropical cyclone and the coastal belt likely to experience adverse weather. This early warning bulletin is issued by the Director General of Meteorology himself and is addressed to the Cabinet Secretary and other senior officers of the Government of India including the Chief Secretaries of concerned maritime states.
• The Second Stage warning known as “CYCLONE ALERT” is issued at least 48 hrs. in advance of the expected commencement of adverse weather over the coastal areas. It contains information on the location and intensity of the storm likely direction of its movement, intensification, coastal districts likely to experience adverse weather and advice to fishermen, general public, media and disaster managers. This is issued by the concerned ACWCs/CWCs and CWD at HQ.
• The Third Stage warning known as “CYCLONE WARNING” issued at least 24 hours in advance of the expected commencement of adverse weather over the coastal areas. Landfall point is forecast at this stage. These warnings are issued by ACWCs/CWCs/and CWD at HQ at 3 hourly interval giving the latest position of cyclone and its intensity, likely point and time of landfall, associated heavy rainfall, strong wind and storm surge alongwith their impact and advice to general public, media, fishermen and disaster managers.
• The Fourth Stage of warning known as “POST LANDFALL OUTLOOK” is issued by the concerned ACWCs/CWCs/and CWD at HQ at least 12 hours in advance of expected time of landfall. It gives likely direction of movement of the cyclone after its landfall and adverse weather likely to be experienced in the interior areas.

Colour Code

Different colour codes as mentioned below are being used since post monsoon season of 2006 the different stages of the cyclone warning bulletins as desired by the National Disaster Management.

3 . Voter Verifiable Paper Audit Trail (VVPAT)

Context : The Supreme Court on Monday directed the Election Commission to respond to a plea that the counts from electronic voting machines and voter verifiable paper audit trail (VVPAT) units should be cross-verified in at least 30% randomly chosen polling stations in each Assembly and Lok Sabha constituency, especially in light of the Lok Sabha election in May.

What is VVPAT

• The Voter Verified Paper Audit Trail is a method that provides feedback to voters. It is an independent verification printer machine and is attached to electronic voting machines. It allows voters to verify if their vote has gone to the intended candidate.

How do VVPAT machines work?

• When a voter presses a button in the EVM, a paper slip is printed through the VVPAT. The slip contains the poll symbol and name of the candidate. It allows the voter to verify his/her choice.  After being visible to the voter from a glass case in the VVPAT for seven seconds, the ballot slip will be cut and dropped into the drop box in the VVPAT machine and a beep will be heard. VVPAT machines can be accessed by polling officers only.

Where it is used first

• First used in Goa elections followed by Gujarat

4 . Section 66 A of IT Act

Context : Over three years after it struck down Section 66A of the Information Technology Act as unconstitutional, the Supreme Court on Monday said it was shocked to hear that authorities still continued to book people under the now-extinct draconian provision.

About Section 66 A

• Section 66A of the IT Act defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet. A conviction can fetch a maximum of three years in jail and a fine.

Why SC struck down Section 66 A

• The judgment had found that Section 66A was contrary to both Articles 19 (free speech) and 21 (right to life) of the Constitution. The entire provision was struck down by the court.

5 . The Personal Laws (Amendment) Bill, 2018.

Context : The Lok Sabha passed a Bill to remove leprosy as a ground for divorce in personal laws

Background

• Leprosy patients were isolated and segregated from society as the leprosy was not curable and the society was hostile to them.
• However, as a result of intensive healthcare and availability of modern medicine to cure the disease, the attitude of the society towards them began to change.
• The discriminatory provisions contained in various statutes against the persons affected with leprosy were made prior to the medical advancements rendering leprosy a curable disease.
• Presently, leprosy is completely curable and can be treated with multi-drug therapy.
• However, old legislative provisions discriminating the persons affected by leprosy continued in various laws.

What is Leprosy

• Leprosy, also known as Hansen’s disease, is a chronic infectious disease caused by Mycobacterium leprae. The disease mainly affects the skin, the peripheral nerves, mucosal surfaces of the upper respiratory tract and the eyes. Leprosy is known to occur at all ages ranging from early infancy to very old age. Leprosy is curable and early treatment averts most disabilities.

Transmission

• The exact mechanism of transmission of leprosy is not known. At least until recently, the most widely held belief was that the disease was transmitted by contact between cases of leprosy and healthy persons. More recently the possibility of transmission by the respiratory route is gaining ground. There are also other possibilities such as transmission through insects which cannot be completely ruled out.

Govt Interventions

• The National Leprosy Eradication Programme is a centrally sponsored Health Scheme of the Ministry of Health and Family Welfare, Govt. of India. The Programme is headed by the Deputy Director of Health Services (Leprosy ) under the administrative control of the Directorate General Health Services Govt. of India. While the NLEP strategies and plans are formulated centrally, the programme is implemented by the States/UTs. The Programme is also supported as Partners by the World Health Organization, The International Federation of Anti-leprosy Associations (ILEP) and few othe Non-Govt. Organizations

About Personal Law (Amendment) Bill, 2018

• It seeks to amend five Acts: (i) the Divorce Act, 1869, (ii) the Dissolution of Muslim Marriage Act, 1939, (iii) the Special Marriage Act, 1954, (iv) the Hindu Marriage Act, 1955, and (v) the Hindu Adoptions and Maintenance Act, 1956.
• The Amendment Bill proposes to amend the provisions in these Acts which prescribe leprosy as a ground for divorce or separation from the spouse.