Daily Current Affairs : 12th and 13th December 2023

Topics Covered

  1. Article 370 verdict 
  2. FAO Report
  3. GPAI
  4. Facts for Prelims

1 . Article 370 Verdict


Context: The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution recently. 

About the Verdict

On the sovereignty of Jammu and Kashmir

  • The petitioners had argued that J&K retained an element of sovereignty when it joined the Indian Union in 1947. This arrangement was distinct from the relationship with the other princely states that merged with India.  
  • The court examined the constitutional set-up of the erstwhile state to examine if it retained an element of sovereignty, which would allow Article 370 to operate in “unique circumstances”. 
    • First, it noted, Article 1 of the Constitution of India provides that India is a Union of States. Article 1 references “Part III states”, and Jammu and Kashmir was listed as a Part III state (before 2019) in the First Schedule to the Constitution of India. 
    • Second, Section 3 of the Constitution of Jammu and Kashmir declared that Jammu and Kashmir is an integral part of India. The provision read: “Relationship of the State with the Union of India: The State of Jammu and Kashmir is and shall be an integral part of the Union of India.” Section 147 of the J&K Constitution prohibited any amendment to Section 3. 
  • The court held that these provisions contradict the argument that an agreement of merger was necessary for Jammu and Kashmir to surrender its sovereignty. It noted that when Yuvraj Karan Singh issued the Proclamation adopting the Indian Constitution on November 25, 1949, it effectively had the effect of a “merger” like any other princely state 

On whether Art 370 is temporary or permanent

  • A range of arguments were made before the Court on the permanence (or lack thereof) of Article 370. The petitioners argued that the provision could not be abrogated since it had attained permanence, and as the original part of the Constitution forms the basic structure, which cannot be tinkered with. 
  • Senior advocate Kapil Sibal argued that since 370(3) prescribes the recommendation of the Constituent Assembly of the State (which has ceased to exist) as a prerequisite to abrogate Article 370, its abrogation is essentially infructuous. This means no constitutional means existed to abrogate Article 370 once the J&K Constituent Assembly had ceased to exist. 
  • The opinions of both the CJI and Justice Kaul held that Article 370 was always meant to be a “temporary” feature. 
  • Justice Kaul held that since Article 370 is meant to be a temporary arrangement, it cannot be said that the mechanism under Article 370(3) came to an end after the State Constituent Assembly was dissolved. 
  • The CJI said that there were two aspects that showed the temporary nature of Article 370.
    • First, it was intended as an interim arrangement until the Constituent Assembly of the State was formed since in the interim, there was needed a legal bridge between J&K and India. Once the J & K Constitution was enacted and it was adopted to be a part of India, this arrangement would not have been necessary. 
    • Second, the provision was adopted because of the special circumstances in the state, which was experiencing war conditions.  

On the legality of the abrogation of Article 370

  • The legal route for the abrogation of Article 370 was twofold. First, on August 5, 2019, then President Ram Nath Kovind issued CO 272, which amended Article 367 of the Constitution. 
  • Article 367 deals with interpretation of the Constitution, and the CO added a new meaning to “Constituent Assembly of Jammu and Kashmir” to mean “legislative assembly of Jammu and Kashmir. 
  • Then, CO 273 was promulgated seeking the consent of Parliament (which had assumed powers of the J&K legislature) to recommend that “all clauses of the said article 370 shall cease to be operative”. 
  • While Justice Kaul upheld this process, CJI Chandrachud in his opinion said that the circuitous route of first changing the meaning of the Constituent Assembly of J&K was not needed. Essentially, after the Constituent Assembly of the state ceased to exist, the President could have always unilaterally abrogated Article 370. 

On the action that was taken under President’s rule

  • The petitioners had argued that the Union took “irrevocable” action without the state’s consent when it was under President’s rule. Here, the challenge was to the extent of powers that can be appropriated when Article 356 is in operation. 
  • Both the CJI and Justice Kaul cited the 1994 ruling in S R Bommai v Union of India that defined the contours of proclamation of President’s rule. The Bommai ruling was a nine-judge Bench verdict that is binding on a smaller 5-judge Bench. 
  • Relying on the Bommai ruling, the court said that the standard to decide the validity of the President’s action was to see whether it was not “mala fide or palpably irrational”, or that the “advisability and necessity of the action was not borne in mind by the President”. 
  • The court also held that the petitioner and the Union government must show mala fides to the court. The ruling rejected the argument that irrevocable action being taken cannot be accepted as proof of mala fides. 

2 . FAO Report


Context: More than 74% of Indians could not afford a healthy diet in 2021, the Food and Agriculture Organization of the United Nations said in a report. 

About FAO

  • The Food and Agriculture Organization of the United Nations (FAO) is a specialized agency of the United Nations that leads international efforts to defeat hunger and improve nutrition and food security.  
  • The FAO comprises 195 members, including 194 countries and the European Union. Its headquarters is in Rome, Italy, and it maintains regional and field offices worldwide, operating in over 130 countries. 

Findings of the report

  • The report, “Regional Overview of Food Security and Nutrition 2023: Statistics and Trends” states that more than 74% of Indians could not afford a healthy diet in 2021. In 2020, the percentage was 76.2. 
  • In Pakistan, the figure was 82.2% and in Bangladesh, 66.1% of the population faced difficulties in finding healthy food. 
  • It provides a glimpse of the progress in meeting Sustainable Development Goals and World Health Assembly (WHA) global nutrition targets. 
  • It said that during the pandemic and the “5Fs” crisis – food, feed, fuel, fertilizer, and finance – the Asia Pacific region witnessed harrowing statistics. 
  • It said that 16.6% of the country’s population was undernourished. 31.7% of children in India under the age of five showed stunted growth. For wasting (low weight for height), India recorded the highest rate in the region, with 18.7% children under five facing this major health problem. 
  • 53% of women aged between 15 to 49 in India had anaemia, which was the largest prevalence rate in the region in 2019. 
  • On exclusive breastfeeding among infants in the age group of 0-5 months, India had improved the prevalence with a percentage of 63.7%, which is higher than the world prevalence of 47.7%. 
  • India had the highest prevalence of low birth weight in the region (27.4%), followed by Bangladesh and Nepal. 

3 . Global Partnership for Artificial Intelligence (GPAI)


Context: The annual Global Partnership for Artificial Intelligence (GPAI) Summit kicked off in New Delhi’s Bharat Mandapam. 

Global Partnership on Artificial Intelligence (GPAI)

  • The Global Partnership on Artificial Intelligence (GPAI) is a multi-stakeholder initiative which aims to bridge the gap between theory and practice on AI by supporting cutting-edge research and applied activities on AI-related priorities.
  • Built around a shared commitment to the OECD Recommendation on Artificial Intelligence, GPAI brings together engaged minds and expertise from science, industry, civil society, governments, international organizations and academia to foster international cooperation.

About the Global AI Summit

  • The Global AI Summit is a two-way conversation that engages every attendee, speaker, and partner in a rich dialogue about how AI can solve complex problems, empower businesses, shape our future, and ultimately, transform society. 
  • From local and regional “visions” to the united economic framework, The Global AI Summit gathers the most prominent policy makers, leading investors, thought leaders and innovators in the field today. 
  • India is a founding member of GPAI, having joined the multi-stakeholder initiative in June 2020.  
  • The initiative aims “to bridge the gap between theory and practice on AI by supporting cutting-edge research and applied activities on AI-related priorities.” 
  • The first three GPAI summits were held in Montreal, Paris and Tokyo, respectively.
  • As many as 29 countries, from North and South America, Europe and Asia, are part of the summit; China is not a member.  The previous summit was held in Osaka, Japan. 
  •  In 2024, India will be lead chair of the grouping. 

4 . Facts for Prelims


Mummified Baboons

  • The Egyptian god Thoth was represented by a baboon. 
  • The origins have been a mystery as they’re not native to Egypt. 
  • scientists have reported that using mitochondrial DNA, they were able to trace the baboons to the ancient city of Adulis, in present-day coastal Eritrea, and a bustling trade centre between the first and seventh centuries AD. 
  • Older studies have also reported that Egyptians removed the canine teeth of these baboons and bred them in captivity to be mummified later, as a votive gift to Thoth, the god of wisdom and the moon, often depicted as a baboon with a heavy mane. 

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