Daily Current Affairs : 1st, 2nd and 3rd December

by

Daily Current Affairs for UPSC CSE

Topics Covered

  1. Oxygen Bars
  2. Governors Role during Fractured verdict
  3. Transgenders Person Bill
  4. Fastags
  5. BCCI Issue
  6. Definition of farmer
  7. Fundamental Duties
  8. Reservation in Promotion for SC/ST
  9. National Human Rights Commission
  10. Facts for Prelims : India State of Forest Report (ISFR) , Gangetic Dolphin, Mongoose, Chit funds, 2+2 meet, 13th amendment to the constitution of Sri lanka

1 . Oxygen Bars

Context : Recently Oxygen bars came to prominence in Delhi due to increased issues associated to air pollution

About the concept

  • Packaged air began around four years ago when a Canadian company launched ‘canned air’ for people in China when air pollution in many cities became alarmingly high.
  • The newer addition — oxygen-bar — a recreational parlour or cafe which serves ‘pure oxygen’ is becoming a more attractive destination, particularly in cities with dangerous levels of air pollution.
  • Oxygen is available in different scented flavours

Analysis & Health effects

  • Oxygen level does not alter in the air even when the pollution level is high.
  • The same applies to our health — oxygen saturation in blood remains unchanged in healthy people in normal conditions, and such recreational oxygen cannot provide any health improvement. It can at best have a placebo effect.
  • Though users and proponents of purified oxygen claim several benefits such as relieving stress, headache and migraine, and help in achieving better energy and mood, there is no clinical evidence available so far in support of the beneficial effects of recreational oxygen use.
  • To add scent to oxygen, the oxygen is bubbled through a liquid containing scented additives or aroma oil. Scented oxygen can be harmful to people, particularly to those with allergies and lung diseases. Fragrant materials very often contain aromatic hydrocarbons, many of which are potential allergens and can trigger asthma and allergic symptoms.
  • Aromatistion of oxygen generates ultrafine droplets of essential oils which, when inhaled with oxygen, get deposited in the lungs and accumulate in the alveoli leading to a respiratory condition known as “lipoid pneumonia”.
  • In this condition, deposited oil droplets can cause severe inflammation, damage alveolar septa (thin single cell lining between two adjacent alveoli) and interstitium (the area between an alveolus and its adjacent capillary) and lead to fibrosis. Long-term exposure to such exogenous oil substances may cause chronic lipoid pneumonia in which the patients remain asymptomatic and are often diagnosed at a very late-stage, and that too, incidentally, due to other illnesses. Among people with a lung condition, even a short-term acute exposure to such exogenous fragrance or oils can be life-threatening.

Challenges

  • Oxygen-bars are sole-proprietorship ventures and are not legalised to administer oxygen for therapeutic purposes.
  • These bars are not endorsed by local or federal healthcare systems and are not obliged to follow clinical bylaws, and thus cannot be held liable for any unwarranted health effect or an acute medical condition that occurs in the bars.
  • There are no statutory warnings or guidelines available at these bars about the potential adverse effects, particularly applicable to vulnerable population such as children, aged and person with allergies or lung conditions.

Conclusion

  • It is unfortunate that no medical community has come forward to spread awareness among people for this increasingly captivating yet unscientific business with no known or established clinical benefit.
  • It definitely calls for serious vigilance by the clinicians and policy makers to ensure the safety issues associated with recreational oxygen use, particularly flavoured oxygen in such bars, parlours and spas.

2 . Role of Governor during fractured verdict

Context : Not for the first time in recent years, there was a prolonged stalemate in Maharashtra over the formation of a government as no single party had a majority of its own after the Assembly election in Maharashtra.The developments have brought under focus the role of the Governor in such circumstances.

What should the Governor do if there is a hung Assembly?

  • The Constitution envisages that the Governor act on the aid and advice of the Council of Ministers, except in those situations in which he is, by or under the Constitution, required to act in his discretion (Article 163).
  • It is clear that in identifying a candidate who, in his opinion, is in a position to command a majority, the Governor has to make his own decision, subject, of course, to democratic norms.
  • This is why one often sees the Governor of a State inviting leaders for discussions as part of efforts to explore the possibility of forming a government.
  • When the Governor appoints the Chief Minister in this way, it is accompanied by a stipulation that the appointee prove his or her majority within a specified time on the floor of the House.

Process

  • The Governor may invite the leader of the largest single party first.
  • However, if it is clear that the largest single party has no potential ally or enough independent members to ensure a majority, he may also invite the leader of the largest pre-poll combination or alliance.
  • If there is no combination or alliance, he may invite leaders one by one in the order of their size in the new Assembly. During this process, a post-poll combination may emerge, if any one of them agrees to form a government.
  • The Governor may insist on letters of support from those outside the leader’s party who are willing to join or extend support to him.

Sarkaria Commission report

  • The Sarkaria Commission on inter-State relations has dealt with this question. The Commission’s report suggests the following orders for Governors to follow:
    • An alliance formed prior to the election
    • The largest single party staking claim with the support of others, including independents
    • A post-electoral coalition, with all partners joining the government
    • A post-poll coalition, with some joining the government, and others extending support from outside.
  • As general principles, the Sarkaria Commission says the Governor should look for a party or combination that commands the widest support in the Assembly, and that “his task is to see that a government is formed, and not to try to form a government which will pursue policies which he approves”.

How does the Governor ascertain majority?

  • Decades ago, there were instances of party leaders parading legislators supposedly supporting them in Raj Bhavan, and Governors doing a headcount or verifying signatures. This approach has been deprecated by courts, and there is consensus now that the floor of the Assembly is the only place where the majority is to be decided.
  • The Sarkaria Commission recommends that a person, who has been appointed Chief Minister without a clear majority, should seek a vote of confidence in the Assembly within 30 days. “This practice should be strictly adhered to with the sanctity of a rule of law,” it says.
  • Similarly, when the majority of the Chief Minister is contested by a significant number of legislators, the Governor may advise the Chief Minister to summon the Assembly, if it is not in session, to demonstrate his support.
  • Normally, under Article 174, the Governor summons the House only on the advice of the Council of Ministers, but will be within his constitutional rights to cause the House to be convened if there is reason to believe that there is a doubt about the incumbent’s majority.

What are the principles evolved by the Supreme Court?

  • Some seminal judgments of the Supreme Court have dealt with these issues. The key principle that ought to guide the Governor is set out in the S.R. Bommai vs. Union of India case (1994). The proper course, the court said, for testing the strength of a ministry is a floor test.
  • Even though this verdict was in the context of the imposition of President’s rule in different States, the principle holds good for any situation in which Governors have to decide on the appointment of a Chief Minister or continuance of a regime based on its numerical strength in the House.
  • In Rameshwar Prasad (2005), the court ruled that there was nothing wrong in installing a post-poll combination, and that the Governor could not decline the formation of a government on the ground that it was being done through unethical means.
  • In February 1998, in the case of Jagdambika Pal vs. Union of India and Ors), the Supreme Court ordered a ‘composite floor test’ involving two rival claimants — Kalyan Singh and Jagdambika Pal. The Governor had dismissed the former and installed Ms. Pal in office. Kalyan Singh won the floor test that day. A significant aspect of the court’s order was that it was made clear that the floor test would be the only item on the agenda of the House.
  • Karnataka (2018) and Maharashtra (2019) are instances of the court ordering a floor test in a situation in which the Assembly had not yet been convened after the general election. Therefore, the legislators were yet to take their oaths. The court directed the appointment of a pro tem Speaker, to be followed by the administration of oath to the new members and, thereafter, a floor test.
  • In a case examining the validity of the Governor advancing a session of the Arunachal Pradesh Assembly on his own, a Constitution Bench cautioned Governors against acting on internal party developments or “entering the political thicket”.

Is the intervention of the judiciary correct

  • The court has so far justified its intervention by way of ordering floor tests, reasoning that such orders were necessary to preserve constitutional and democratic values. In its recent order in the Maharashtra case, the court observed: “In a situation wherein, if the floor test is delayed, there is a possibility of horse-trading, it becomes incumbent upon the court to act to protect democratic values.”Such cases raise the issue of “boundaries between the court’s jurisdiction and parliamentary independence”, as the court itself noted.

3 . Transgenders Person Bill

Context : The Transgender Persons (Protection of Rights) Bill 2019 has been passed by the Parliament. It was passed by the Rajya Sabha on 26th November, 2019 and already passed by the 17thLok Sabha on 5th August, 2019.           

Background

  • The Bill was meant to be a consequence of the directions of the Supreme Court of India in the National Legal Services Authority vs. Union of India case judgment, mandating the Central and State governments to ensure legal recognition of all transgender persons and proactive measures instituted for their welfare.

Timeline

  • In 2013, the government set up an expert committee to study the problems of transgenders and recommend solutions. The committee, comprising experts from various fields and members of the community, also looked at past experience as in the State of Tamil Nadu, which had set up a welfare board for transgender persons, and made recommendations right from allowing a ‘third gender’ in official forms, to setting up of special toilets, and customising health interventions.
  • In 2014, a private member Bill, The Rights of Transgendered Persons, was introduced in the Rajya Sabha by Tiruchi Siva, a Member of Parliament from Tamil Nadu, which looked at a range of entitlements of such persons, providing specifically for them in health, education sectors, skill development and employment opportunities, and protection from abuse and torture. It was passed in the Rajya Sabha.
  • In 2016, the Government introduced its own Bill in the Lok Sabha and it was referred to a Standing Committee, which made a number of recommendations including defining the term persons with intersex variations, granting reservations for socially and educationally backward classes, and recognition of civil rights including marriage, partnership, divorce and adoption. However, with the dissolution of the 16th Lok Sabha (2014-19), that Bill lapsed.
  • Earlier this year, the Madurai Bench of the Madras High Court declared a ban on sex normalisation surgeries on intersex children and infants, relying on a petition to the National Human Rights Commission on the subject from Gopi Shankar, an intersex person, and activist. The Tamil Nadu government followed this up with issuing a Government Order banning such surgeries.

The Bill has following provisions: –

  1.  Non discrimination against a Transgender Person in educational institutions, employment, healthcare services etc.
  2.  Recognition of identity of Transgender Persons and to confer upon them right to self perceived gender identity.
  3. Provision of right of Residence with parents and immediate family members.
  4. Provision for formulation of welfare schemes and programmes for education, social security and health of Transgender Persons.
  5. Provision for National Council for Transgender Persons to advice, monitor and evaluate measures for the protection of their rights.

Benefits

  • The Bill will make all the stakeholders responsive and accountable for upholding the principles underlying the Bill.
  • It will bring greater accountability on the part of the Central Government and State Governments/Union Territories Administrations for issues concerning Transgender persons.
  • The Bill will benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalized section and bring them into the mainstream of society.
  • It will lead to greater inclusiveness and will make the transgender persons productive members of the society.

Objections

  • Objections are raised from the word ‘Transgender’ as it seems to be restrictive and it showed a lack of understanding of the complexities in people who do not conform to the gender binary, male/female.
  • Rejecting ‘Transgender’ as the nomenclature, they suggested instead that the title should be a comprehensive “Gender Identity, Gender Expression and Sex Characteristics (Protection of Rights) Bill”, and in definition, sought to introduce the distinction between transgenders and intersex persons upfront. Members of the community perceive transgender as different from intersex, and were insistent that the distinction be made in the Bill.
  • Transgenders have a different gender identity than what was assigned to them at birth, while intersex indicates diversity of gender based on biological characteristics — ambiguity in anatomical genitalia — at birth. There are also multiple variations in intersex itself.
  • While the Act is progressive in that it allows self-perception of identity, it mandates a certificate from a district magistrate declaring the holder to be transgender. This goes against the principle of self determination itself, activists argue, also pointing out that there is no room for redress in case an appeal for such a certificate is rejected. One long-pending demand has been to declare forced, unnecessary and non-consensual sex reassignment surgery illegal, and to enforce punitive action for violations.
  • Transgender and intersex persons might require a range of unique health care needs, and that not have been incorporated into the Act
  • While the Act envisages the setting up of a National Council for Transgender Persons to provide the institutional framework for its implementation, suggestions on the composition of such a council, or the demand to set up a working group for a Council for Intersex Persons were also ignored.

4 . Fastags

What is FASTag?

  • It is a prepaid radio-frequency identification-enabled tag that facilitates automatic deduction of toll charges.
  • The new system will now do away away with a stop-over of vehicles and cash transactions at toll plazas.
  • Projected as the ‘Aadhaar’ card for vehicles, the FASTag electronic toll collection programme is being implemented by the Indian Highways Management Company Limited (IHMCL), a company incorporated by the National Highways Authority of India (NHAI), and the National Payments Corporation of India in coordination with Toll Plaza Concessionaires, tag issuing agencies and banks.
  • Currently, FASTag can be bought from 22 certified banks, through various online platforms, online applications and at select points-of-sale locations.
  • The tag, which can be recharged through cheque or online payments, is fixed on the windshield of a vehicle, ideally on the glass just behind the rear-view mirror.
  • It is scanned by the tag reader and the toll amount is deducted when the vehicle approaches a toll plaza. The user gets a short message service (SMS) alert on the registered mobile phone about all transactions and the available balance.
  • Service providers have developed a ‘My FASTag’ mobile application to provide a one-stop solution to users. An NHAI prepaid wallet has also been launched, giving users the option of not linking the tags to their bank accounts.
  • FASTag has a validity of five years.
  • The electronic toll collection system was initially implemented as a pilot project in 2014 on the Ahmedabad-Mumbai stretch of the Golden Quadrilateral. It was gradually extended to other parts of the country.

Need of Fastags

  • A joint study in 2014-15 by the Transport Corporation of India and the Indian Institute of Management-Calcutta (launched by the Minister of Road Transport and Highways and Shipping Nitin Gadkari in 2016) estimated the cost of delay on Indian roads at $6.6 billion per year. The cost of additional fuel consumption due to delays was also put at $14.7 billion per year.
  • The report had suggested that to expedite the toll collection process, India should gradually move towards electronic toll collection, which would not only reduce congestion and queues at toll plazas but also reduce operating costs for toll operators and plug revenue leakages.

Benefits

  • Apart from plugging revenue leakages and reducing the cost of delays and fuel consumption, which is also likely to cut down the nation’s GDP loss, according to the government, the tag helps remove bottlenecks, ensures seamless movement of traffic and saves time.
  • The centralised system provides authentic and real-time data to government agencies for better analysis and policy formulation.
  • It also helps reduce air pollution and the use of paper besides cutting the cost of managing toll plazas.

Way Forward

  • IHMCL and GST Network signed a memorandum of understanding for integrating FASTag with the e-way Bill system. The arrangement has been made for a more efficient ‘track-and-trace’ mechanism involving goods vehicles. It will also check revenue leakage at toll plazas.
  • The integration, which will become mandatory across the country from April 2020, will help revenue authorities check whether goods vehicles are actually headed to the specified destination.
  • Suppliers and transporters will also be able to keep track of their vehicles through SMS alerts generated at each tag reader-enabled toll plaza.
  • The Central government also plans to enable the use of FASTag for a range of other facilities such as fuel payments and parking charges. Several States have already signed memoranda of understanding to join the system.

5 . New BCCI Constitution

Context : The Board of Control for Cricket in India (BCCI), at its Annual General Meeting (AGM) on Sunday, put on hold amendments to six important rules of its new constitution that were approved by the Supreme Court and registered with the Tamil Nadu Registrar of Societies in Chennai in August 2018. BCCI has chosen to refer the amendments to the Supreme Court and seek its approval before tabling them at the general body meeting.

Background

  • The Supreme Court, in its July 18, 2016 order, accepted the Justice RM Lodha Committee’s recommendations about BCCI’s structural changes.
  • Accordingly, the Indian board got a new constitution that had strict clauses about member qualification.
  • Among other guidelines, the new rulebook debars those who have crossed 70 years; are ministers or government servants, have affiliation to other sports federations or have been office-bearers for a cumulative period of nine years.
  • The Supreme Court, by its order of August 9, 2018, had said that the BCCI shall not amend its constitution without its approval.

Amendments Proposed

  • The amendments relate to the powers of its office-bearers and the apex council, the president and secretary’s tenure/period in office, relaxation in the age cap of 70 for its representative to the ICC, and relief from the obligation to approach the Supreme Court to obtain its approval for every amendment it makes to the constitution.

6 . Definition of Farmer

Context : Who is a farmer? What is the government’s definition of a farmer, and how many farmers are there in India by that definition? Agriculture Minister Narendra Singh Tomar failed to answer that question in Parliament last week.

Definition provided by the govt

  • In a written response, the Minister only noted that the Centre provided income support to all farmer families who owned cultivable land through PM-KISAN.
  • The government’s ambiguity has serious implications for the design and beneficiaries of the schemes meant to help them, including its flagship PM-KISAN (Pradhan Mantri Kisan Samman Nidhi).

Definition as per National Policy for Farmers

  • There is a clear and comprehensive definition available in the National Policy for Farmers drafted by the National Commission of Farmers headed by M.S. Swaminathan and officially approved by the Centre in 2007.
  • It says, “For the purpose of this Policy, the term ‘FARMER’ will refer to a person actively engaged in the economic and/or livelihood activity of growing crops and producing other primary agricultural commodities and will include all agricultural operational holders, cultivators, agricultural labourers, sharecroppers, tenants, poultry and livestock rearers, fishers, beekeepers, gardeners, pastoralists, non-corporate planters and planting labourers, as well as persons engaged in various farming related occupations such as sericulture, vermiculture and agro-forestry.
  • The term will also include tribal families/persons engaged in shifting cultivation and in the collection, use and sale of minor and non-timber forest produce.”

Issues with linking with ownership

  • According to Census 2011, there are 11.8 crore cultivators and 14.4 crore agricultural workers.
  • Most schemes meant for farmers’ welfare, including the procurement of wheat and paddy at minimum support prices, are effectively available only for land owners.
  • Linking the identity of a farmer to land ownership has devastating consequences for another category: women farmers. Some studies estimate that 60%-70% of farmers are actually women, but their names are rarely on ownership documents

Way forward

  • There is a need to convert the M.S. Swaminathan Commission’s definition into a legal and actionable tool for identification. Already, the Revenue Department is supposed to annually record who is actually cultivating each piece of land. In an era of GPS, GIS and Aadhaar, this should not be that difficult.

7 . Fundamental Duties

About Fundamental Duties

  • The Fundamental Duties were incorporated in Part IV-A of the Constitution by the Constitution 42nd Amendment Act, 1976, during Emergency under Indira Gandhi’s government.
  • Today, there are 11 Fundamental Duties described under Article 51-A, of which 10 were introduced by the 42nd Amendment and the 11th was added by the 86th Amendment in 2002, during Atal Bihari Vajpayee’s government.
  • These are statutory duties, not enforceable by law, but a court may take them into account while adjudicating on a matter.
  • The idea behind their incorporation was to emphasise the obligation of the citizen in exchange for the Fundamental Rights that he or she enjoys.
  • The concept of Fundamental Duties is taken from the Constitution of Russia.

What are the Fundamental Duties?

The 11 Fundamental Duties are:

  • To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem
  • To cherish and follow the noble ideals which inspired our national struggle for freedom
  • To uphold and protect the sovereignty, unity and integrity of India — it is one of the preeminent national obligations of all the citizens of India.
  • To defend the country and render national service when called upon to do so
  • To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
  • To value and preserve the rich heritage of our composite culture — our cultural heritage is one of the noblest and richest, it is also part of the heritage of the Earth
  • To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures
  • To develop the scientific temper, humanism and the spirit of inquiry and reform
  • To safeguard public property and to abjure violence
  • To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
  • Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Note : It is the one on children’s education that was added in 2002 by the 86th Amendment that provided for the Right to Free and Compulsory Education for children in the age group 6-14, with the insertion of Article 21A. It also cast an obligation on parents to provide such opportunities under Article 51A(K).

42nd Amendment Act

  • Apart from adding the Fundamental Duties, the 42nd Amendment also changed the Preamble to the Constitution to include the words ‘Socialist and Secular’ to describe India, in addition to its being ‘Sovereign Democratic Republic’.
  • New ‘Directive Principles’ were added and given precedence over Fundamental Rights.
  • Jurisdiction of the Supreme Court and High Courts to review constitutionality of the laws was curtailed.
  • High Courts were prohibited from deciding on the constitutional validity of central laws.
  • A new Article 144A was inserted, prescribing a minimum of seven judges for a Constitution Bench, besides stipulating a special majority of two-thirds of a Bench for invalidating central laws.

43rd Amendment Act

  • In 1977, the 43rd Amendment restored the jurisdiction of the Supreme Court and High Courts to review the constitutional validity of laws.
  • The following year, the 44th Amendment changed the grounds for declaring Emergency under Article 352, substituting “internal disturbance” with “armed rebellion”, besides requiring of the President that he shall not do so unless the decision of the Union Cabinet is communicated in writing to him.
  • Right to Liberty was strengthened by stipulating that detention under the Preventive Detention Act shall not be for more than two months.
  • Right to Property was converted from a Fundamental Right to a legal right, by amending Article 19 and deleting Article 31.

Other Key Amendments to Constitution

  • First Amendment, 1951 : Article 15 was amended by inserting Clause 4, empowering the state to make any special provision for the advancement of any socially and educationally backward classes or categories of SCs and STs notwithstanding anything in this Article or in Clause 2 of Article 29. Article 19 was amended to secure constitutional validity of zamindari abolition laws and to provide for new grounds of restrictions to the Right of Freedom of Speech and Expression and the right to practice any profession or to carry on any trade or business. Articles 31A and 31B, and the Ninth Schedule were inserted to give protection to land reform laws from being questioned on the ground that they are not consistent with Fundamental Rights.
  • 24th Amendment, 1971 : Articles 13 and 368 amended to remove doubts about Parliament’s power to amend the Constitution including Fundamental Rights further to the judgment of the Supreme Court in the Golaknath case. The President was obligated to give assent to any Constitution Amendment Bill presented to him.
  • 26th Amendment, 1971: It repealed Articles 291 and 362 dealing with privy purses, sums of rulers and rights and privileges of rulers of former Indian states.
  • 52nd Amendment, 1985 : Anti-Defection law was provided for in the Tenth Schedule by providing for disqualification of legislators, vacation of seats and splits and mergers.
  • 61st Amendment, 1989: Minimum voting age reduced from 21 years to 18, by amending Article 326.
  • 77th Amendment, 1995 : Provided for reservation in promotion in services under the state for SCs and STs by inserting clause (4A) in Article 16.
  • 91st Amendment, 2003: Put a ceiling on number of ministers at the Centre and in states as 15% of the strength of Lok Sabha or the Assembly, and not less than 12 in the states.
  • 99th Amendment, 2014 : Provided for National Judicial Commission to broad-base method of appointment of judges of the Supreme Court and High Courts. This amendment was however, declared unconstitutional by the Supreme Court in 2015.
  • 101st Amendment, 2016 : It facilitated the introduction of GST with concurrent taxing powers to the Union and the States and Union Territories with legislatures to make laws for levying GST on every transaction of goods and services.

8 . Reservation in Promotion for SC/ST

Context : The Centre asked the Supreme Court to refer to a seven-judge Bench the question whether the creamy layer concept should apply or not to the Scheduled Castes/Scheduled Tribes while providing them reservation in promotions.

History of quota in promotions

  • In general, courts have opposed reservation in promotions, and favoured reservation at initial appointment.
  • In 1963, the government notified that there shall be no reservation in promotions to Class I and Class II positions; a five-judge Bench headed by then CJI K N Wanchoo upheld this policy in C A Rajendran (1968).
  • In State of Kerala vs N M Thomas (1975), the Supreme Court extended the benefit of reservation to promotions, while upholding a rule giving a two-year extension to pass a special test for promotion of SC/ST employees. Justice H R Khanna, however, authored a minority judgment holding such exemption as violative of “efficiency in administration”.
  • In Indra Sawhney (1992), a nine-judge Bench held that in future there should be no reservation in promotions.
  • Reservation in promotions for SCs/STs was introduced in Karnataka on April 27, 1978 in Class I. In the 1992 case, the court saved promotions already made and allowed continuance of promotions for another five years from the date of judgment.
  • Parliament responded with the 77th Amendment in 1995 to overturn the judgment. The amendment came into effect on June 17, 1995.
  • Catch-up, consequential seniority : Many general candidates who were recruited along with SC/ST candidates, or were senior to them, were frustrated when their SC/ST colleagues became senior to them due to reservation in promotion. To address this, the Supreme Court in Virpal Chauhan (1995) held that once a general candidate is promoted, he would become senior to an already promoted SC/ST candidate if he/she had been senior in the lower cadre. This was termed the “catch-up” rule. In Ajit Singh (1996), the court said seniority of the lower cadre will remain intact to avoid “reverse discrimination”.
  • On February 3, 1999, Karnataka enacted the law laying down that reservation in promotion would continue until representation of SCs and STs reached 15% and 3% respectively. In Ajit Singh II (1999), the Supreme Court clarified the seniority rule — a general employee will regain seniority over an earlier promoted SC/ST employee if the former is promoted prior to the latter to the next higher cadre.
  • Parliament intervened again in 2001, with the 85th Constitutional Amendment that retrospectively came into effect from June 17, 1995, simultaneously with the 77th Amendment. In 2002, Karnataka too made its law effective from June 17, 1995, incorporating consequential seniority for SCs/STs promoted under reservation in promotions.

Articles 16(4A) and 16(4B)

  • The Statement of Objects and Reasons of the 77th Amendment Act noted that quotas in promotions for SCs and STs had been discontinued after the November 16, 1992 judgment in Indra Sawhney and Others vs Union of India and Others (Mandal case), in which the Supreme Court observed that reservation under Article 16(4) — which allows the state to make provisions for “reservation of appointments or posts in favour of any backward class of citizens” — did not apply to promotions.
  • This affected SC and ST employees, and in order to ensure that reservations in promotions continued, Clause 4A was introduced: “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion… in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.”
  • Clause 4B was inserted to ensure that while calculating the quota for a particular year — capped at 50% by Indra Sawhney — the unfilled or ‘carried forward’ quota from the earlier year was not clubbed with the regular quota of that year.
  • It said: “Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation… that year.”

Qualification, seniority

  • The Statement of Objects and Reasons of the 82nd Amendment Act noted that the Supreme Court had, in both Indra Sawhney and S Vinod Kumar And Anr vs Union Of India And Ors (October 1, 1996), ruled that relaxation of qualifying marks and standards of evaluation for reservation in promotion were not permissible under Article 16(4) in view of the command contained in Article 335 (“Claims of SCs/STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments…”).
  • To restore the relaxations, the 82nd Amendment added a proviso to Article 335, allowing “relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
  • The 85th Amendment noted that the SC judgments in Union Of India And Ors Etc vs Virpal Singh Chauhan Etc (October 10, 1995) and Ajit Singh Januja & Ors vs State Of Punjab & Ors (March 1, 1996) had affected the interests of SC/ST employees “in the matter of seniority on promotion to the next higher grade”. The amendment introduced the words “with consequential seniority” after “in matters of promotion” in Article 16(4A) [see above].

The Nagaraj judgment

  • The petitioners argued that the four amendments were aimed at reversing the judgments in Indra Sawhney and other cases, that Parliament had arrogated to itself judicial powers, and had, therefore, violated the basic structure of the Constitution.
  • The court upheld the constitutional validity of the 77th, 81st, 82nd, and 85th Amendments.
  • It, however, ruled that if the state “wish(ed) to exercise their discretion and make (a) provision (for reservation in promotions for SCs/STs), the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335”.
  • Also, “even if the State has compelling reasons… (it) will have to see that its reservation provision does not… breach the ceiling-limit of 50% or obliterate the creamy layer or extend the reservation indefinitely”.
  • The judgment in Nagaraj soon gave rise to misgivings that it failed to recognise that the SCs and STs continued to suffer from centuries of discrimination, by requiring the state to reassess their backwardness in the case of reservations in promotions.  The critics of Nagaraj claimed that a five-judge bench erroneously and impliedly overruled a nine-judge bench decision in Indra Sawhney, which clearly held that SCs and STs are homogenous and could not be sub-categorised.

Jarnail Singh Case

  • Criticisms against Nagaraj were reviewed by another five-judge bench in Jarnail Singh vs Lachhmi Narain Gupta in 2018
  • In this case, the bench held that Nagaraj’s insistence on collection of quantifiable data on backwardness in relation to the SCs and STs was contrary to Indra Sawhney, and therefore, bad in law.
  • But the bench approved Nagaraj’s insistence on proof for inadequate representation of classes for whom promotional posts are reserved, and on submission of additional proof that efficiency would not be impacted by such reservation, because of Article 335.
  • The bench in Jarnail Singh held that the creamy layer principle is an essential aspect of the equality code, and therefore, exclusion of creamy layer while applying the principle of reservation is justified, even in the case of SCs and STs.

9 . National Human Rights Commission

About National Human Rights Commission

  • The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
  • It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
  • The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
  • Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Composition of the Commission

The NHRC consists of:

  • A Chairperson, should be retired Chief Justice of India
  • One member who is, or has been, a Judge of the Supreme Court of India
  • One member who is, or has been, the Chief Justice of a High Court
  • Two members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
  • In addition, the Chairpersons of four National Commissions (Scheduled Castes, Scheduled Tribes, Women and Minorities) serve as ex officio members.
  • Chairperson and members are appointed for 5 years or 70 years of age.

Appointment of Chairperson

President appoints Chairman and members of NHRC on recommendation of high-powered committee which consists of 6 members:-

  • The Prime Minister (Chairperson)
  • The Home Minister
  • The Leader of the Opposition in the Lok Sabha (Lower House)
  • The Leader of the Opposition in the Rajya Sabha (Upper House)
  • The Speaker of the Lok Sabha
  • The Deputy Chairman of the Rajya Sabha

Functions

The Commission shall, perform all or any of the following functions, namely:-

  • Inquire, on its own initiative (suo motu) or on a petition presented to it by a victim or any person on his behalf, into complaint of
  • or on a petition presented to it by a victim or any person on his behalf, into complaint of-
    • violation of human rights or abetment or
    • negligence in the prevention of such violation, by a public servant;
  • intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
  • visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon ;
  • review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
  • review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
  • study treaties and other international instruments on human rights and make recommendations for their effective implementation;
  • undertake and promote research in the field of human rights;
  • spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
  • encourage the efforts of non – Governmental organizations and institutions working in the field of human rights;
  • such other functions as it may consider necessary for the promotion of human rights.

Powers

While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely;

  • Summoning and enforcing the attendance of witnesses and examining them on oath;
  • discovery and production of any document;
  • receiving evidence on affidavits;
  • requisitioning any public record or copy thereof from any court or office;
  • issuing commissions for the examination of witnesses or documents;
  • any other matter which may be prescribed.

Exceptions

Complaints of the following nature are not entertained by the Commission:

  • In regard to events which happened more than one year before the making of the complaints;
  • With regard to matters which are sub-judice;
  • Which are vague, anonymous or pseudonymous;
  • Which are of frivolous nature;
  • Which pertain to service matters.

10 . Facts for Prelims

India State of Forest Report

  • The India State of Forest Report (ISFR) is a biennial exercise to estimate the forest cover, the density of forest vegetation, tree cover across States, and the progress of plantation outside regions officially designated ‘forest.’
  • The exercise involves both satellite mapping and surveys to map increase or decrease in forest cover.

13th Amendment to the constitution of Sri lanka

  • The Thirteenth Amendment to the Constitution of Sri Lanka is amendment to the Constitution of Sri Lanka which created Provincial Councils in Sri Lanka. 
  • This amendment also made Sinhala and Tamil as the official languages of the country and English as the “link language”
  • Indo-Sri Lanka Accord was signed between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene which stated the devolution of powers to the provinces.
  • The amendment aims at creating provincial councils in Sri Lanka and enable Sinhalese and Tamil as national languages while preserving English as the link language.

2+2 Meet

  • India – Japan hold first 2+2 meet
  • Defence Minister Rajnath Singh and External Affairs Minister S Jaishankar led the Indian delegation while the Japanese side was headed by Foreign Minister Toshimitsu Motegi and Minister of Defence Taro Kono
  • Two countries also noted “significant progress” in the negotiations on the Acquisition and Cross-Servicing Agreement (ACSA), which will allow them to use each other’s military bases for logistical support.
  • In October 2018, the two countries had agreed to begin formal negotiations on ACSA, which will allow the Indian Navy to access a Japanese base in Djibouti, while the Japan Maritime Self Defense Force (JMSDF) will be permitted to use India’s military installations on the Andaman and Nicobar Islands.

Chit Funds

  • In a chit scheme, a group of people contribute towards the chit value periodically for a duration that equals the number of investors. Every month, an auction is conducted wherein the members bid for the chit amount.
  • The person who bids for the lowest amount — by offering the highest discount — is awarded the bid. The amount foregone by the winning bidder is distributed among all the members equally after deducting foreman’s commission and other charges. The amount distributed to each member is called dividend.

Mongoose

  • The mongoose is listed in Schedule II Part 2 of the Wildlife Protection Act and any smuggling or possession of its body part is a non-bailable offence.
  • There hair is used to make painting brushes.
  • “Operation Clean Art was the first pan India operation to crack down on the smuggling of mongoose hair in the country.
  • There are six species of mongoose found in India and we have mostly recovered [in the raids] grey mongoose [hair],
  • Mongooses are one of four known mammalian taxa with mutations in the nicotinic acetylcholine receptor that protect against snake venom. Their modified receptors prevent the snake venom α-neurotoxin from binding.

Gangetic Dolphin

  • River Dolphin is the National Aquatic Animal of India.
  • This mammal is also said to represent the purity of the holy Ganga as it can only survive in pure and fresh water.
  • Their eyes lack a lens and therefore function solely as a means of detecting the direction of light.
  • They hunt by emitting ultrasonic sounds, which bounces off of fish and other prey, enabling them to “see” an image in their mind.
  • River Dolphins are solitary creatures and females tend to be larger than males.
  • They are locally known as susu, because of the noise it makes while breathing. This species inhabits parts of the Ganges, Meghna and Brahmaputra rivers in India, Nepal, Bhutan and Bangladesh, and the Karnaphuli River in Bangladesh.
  • River dolphin is a critically endangered species in India and therefore, has been included in the Schedule I for the Wildlife (Protection) Act, 1972.
  • The main reasons for decline in population of the species are poaching and habitat degradation due to declining flow, heavy siltation, construction of barrages causing physical barrier for this migratory species.

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