December 2020
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Important Judgements In News

Deconstructing the opposition between merit and reservation

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 15 and 16

Mains level: Paper 2- Reservation and issues related to it

The Supreme Court in recent judgement in Saurav Yadav Vs. State of Uttar Pradesh made it clear that reservation and merit are not mutually exclusive. The article deals with this issue.

Vertical Vs. Horizontal reservation

  • Articles 15(4) and 16(4) enable vertical reservation based on slotting the population in terms of SC, ST, OBC, and General Category.
  • But there is also a class of reservations that cuts across all these categories and are referred to as horizontal reservation.
  • Horizontal reservation includes a reservation for women differently-abled persons, freedom fighters, army veterans, etc.

Specifying the relationship between horizontal and vertical reservation

  • In cases like Anil Kumar Gupta v/s State of Uttar Pradesh, the Court had made it clear that horizontal reservation ought to be generally understood in compartmentalized terms: recognition of inequalities within each vertical category.
  •  In a particular case, candidates were excluded from competing from the General Category positions even though they have scored more, simply because they were OBC.
  • However, some state governments are trying to use the open category seats as a quota for general category candidates.
  • The High Courts had been giving contrary directions: Uttar Pradesh and Madhya Pradesh excluded reserved category women for consideration in the general category.
  • Rajasthan and Gujarat, amongst others, included them.
  • The Supreme Court, in a three-judge bench, ruled against the UP government and clarified the relationship between horizontal and vertical reservations.

Analyzing the judgment

  • The judgments reiterate the principle that groups eligible for horizontal reservation cannot be excluded from the open category seats because they are from other vertically reserved category communities, like SC or OBC.
  • Women from all categories are eligible to be considered for the open category.
  • It also made it clear that the open category seats are not meant to be a quota for the non-reserved categories.

Merit Vs. Reservation

  • The Court has often contrasted merit with reservation.
  • But this has always been a mistaken view of the relationship between merit and reservation.
  • In principle, reservation is an instrument for identifying merit in individuals from historically marginalized communities.
  • The Court is saying that by excluding the adjustment of OBC women who had scored higher against general category seats, the UP government was ironically using the General Category to exclude meritorious candidates.
  • When the Court is using the term merit, it is simply pointing out that certain selection criteria are being used.
  • Such selection criteria are also within particular reserved categories: which is also a function of selection criteria, in this case, marks.
  • From this point of view, even those who advocate reservation do not fully give up on the meritocratic criteria of selection — they just apply it differentially.
  • What the Court was concerned with is fairness in the application of the selection criteria within the overall framework of reservation.

Conclusion

What the court is trying to say something more interesting: Members of the reserved category must be fully considered as falling under the rubric of being potentially meritorious.

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President’s Rule

Possibility of judicial use or misuse of Article 356

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 356

Mains level: Paper 2- Misuse of article 356

Article 356 and the word ‘otherwise’ in it has led to the recent Andhra Pradesh High Court order. The order raises several questions. The article deal with this issue.

Controversial High Court order

  • Recently the Andhra Pradesh High Court directed the Andhra Pradesh government to come prepared to argue on the ‘breakdown of constitutional machinery in the state’.
  • The order opens up the possibility of use or even misuse of Article 356 by the judiciary.
  • The Supreme Court of India has stayed the order.
  • However, we need to go deeper into this observation and look at the controversial provision of Article 356 due to which the High Court could make such an observation.

Historical background of the article

  • Both India and Pakistan borrowed this provision from the Government of India Act, 1935.
  • Interestingly, the leaders of our freedom struggle were so very opposed to this provision that they forced the British government to suspend it.
  • The provision which we had opposed during our freedom struggle was incorporated in the Constitution strangely in the name of democracy, federalism and stability.
  • It was agreed in the Constituent Assembly that the Governor could use this emergency power.
  • By this time the Governor was supposed to be elected by the people of the State rather than nominated by the Centre.
  • After several revisions, provision became Article 278 (now Article 356).

The issue with the word ‘otherwise’

  • H.V. Kamath criticised the word ‘otherwise’ and said only god knows what ‘otherwise’ means.
  • As the Governor had been made a nominee of the Centre by this time, he asked why the President could not have confidence in his own nominees.
  • ‘Otherwise’ can include anything including a presidential dream of breakdown of constitutional machinery in a state.
  • The Andhra Pradesh High Court could pass such an order due to this very term ‘otherwise’.
  • This word negates the ideals of constitutionalism by giving unlimited powers to the Centre, also allowed the High Court to overstepped the line.
  • But this is not the first instance of judicial overreach on this issue.
  • On August 13, 1997, a Patna High Court had observed that the High Court could also report to the President about the breakdown of constitutional machinery in the State.

Repeated misuse of Article 356

  • In the very first invocation of Article 356 in 1951, central government removed the Gopi Chand Bhargava ministry in Punjab though he enjoyed the majority.
  • In 1959, it was used against the majority opposition government of the E.M.S. Namboodripad government in Kerala.
  • Indira Gandhi used Article 356 as many as 27 times.
  • The most notable case of non-use of Article 356 was the refusal of the P.V. Narasimha Rao government prior to the demolition of the Babri Masjid.

Consider the question “Examine the contest in which the word ‘otherwise’ in Article 356 leads to judiciary exercising its powers. What are the concerns in such case?”

Conclusion

Ideally, the word ‘otherwise’ should be deleted from Article 356 and the provision be used only sparingly and to never remove a majority government.

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Foreign Policy Watch: India-China

Reading the new US policy on Tibet

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: TIbetan issue and its political recognition

The Tibet Policy and Support Act (TPSA) passed by the US Senate earlier this week, bookends a turbulent year in US-China relations.

Must read:

Tibetan Policy and Support Act (TPSA)

Do you think that India’s support for the Tibetan cause is the root cause of all irritants in India-China relations?

TPSA: A backgrounder

  • The TPSA is an amended version of the Tibet Policy Act of 2002, which came into existence during the Bush Administration.
  • The act once signed into law would make it the official policy of the US Government to oppose any effort by the govt. of the People’s Republic of China to select, educate, and venerate Tibetan Buddhist religious leaders in a manner inconsistent with Tibetan Buddhism.
  • The proposed legislation will empower the US Government to impose sanctions on China who might try to interfere in the process of selecting the next incarnation of the Dalai Lama.

US and China, today

  • US-China relations have become much more difficult over the last two decades, particularly worsening in the Trump Administration.
  • The matters range from the pandemic to trade tariffs and its cross-world coalition-building against Chinese superpower ambitions.
  • Earlier in the year, President Donald Trump signed into law the Hong Kong Autonomy Act.

Fuelled by TPSA

  • Adding much fuel to the issue, the TPSA introduces stronger provisions on Tibet, plus teeth in the form of a threat of sanctions, including travel bans on Chinese officials.

The Dalai Lama

  • Among the most significant amendments is that the TSPA makes it US policy to oppose attempts by Beijing to install its own Dalai Lama in a manner inconsistent with Tibetan Buddhism.
  • The legislation makes reference to the Chinese government’s ‘Measures on the Management of the Reincarnation of Living Buddhas’ in 2007.
  • China had earlier insisted that the reincarnation of living Buddhas including the Dalai Lama must comply with Chinese laws and regulations.

Other provisions of TPSA

  • The TPSA has introduced provisions aimed at protecting the environment of the Tibetan plateau, calling for greater international cooperation and greater involvement by Tibetans.
  • Alleging that China is diverting water resources from Tibet, the TPSA also calls for a regional framework on water security, or use existing frameworks… to facilitate cooperative agreements among all riparian nations.
  • While the 2002 Act said the US should establish a “branch office” in Lhasa, the TSPA ups the ante by changing that to a “consulate”.
  • It recognizes the Central Tibetan Administration, whose Prime Minister Lobsang Sangay takes credit for ensuring that the Senate took up the legislation for a vote.

Chinese response to TPSA

  • China had earlier said the TPSA severely breached international law and basic norms governing international relations, interfered in China’s internal affairs, and sent a wrong message to ‘Tibet independence’ forces”.
  • After the passage of the Bill through the Senate, China said it “resolutely opposes” the “adoption of Bills containing such ill contents on China.

India’s present stance on Tibet

  • If India is pleased with this latest US barb to China, it has not said so openly.
  • India has mostly refrained from playing the Tibet card against China, and like the US, has a one-China policy.
  • It was only this year, in the ongoing Ladakh standoff, that it used Special Forces made up almost entirely of Tibetan exiles to occupy strategic heights in Pangong Tso’s south bank.

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Genetically Modified (GM) crops – cotton, mustards, etc.

IISER scientists identify the gene that greens plants

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BBX11 gene

Mains level: Genetics and its applications

Researchers at the Indian Institute of Science Education and Research (IISER) have identified a gene that facilitates in the greening of plants.

It would be no surprise to expect a core Biology question in the coming years, if we look at this PYQ:

Q. Which of the following statements are correct regarding the general difference between plant cells and animal cells? (CSP 2020)

  1. Plant cells have cellulose cell walls whilst animal cells do not.
  2. Plant cells do not have plasma membrane unlike animals cells which do
  3. Mature plant cell has one large vacuole whilst animal cell has many small vacuoles

Select the correct answer using the given code below-

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

BBX11

  • The synthesis of chlorophyll in plants is a lengthy, multi-step process.
  • When a seedling emerges from under the soil it must quickly synthesize chlorophyll to start supporting its own growth.
  • In order to facilitate the quick synthesis of chlorophyll, plants make a precursor of chlorophyll called ‘protochlorophyllide’ in the dark, which glows red when blue light is shone on the plant.
  • As soon as the plant comes out into the light from under the soil, light-dependent enzymes convert protochlorophyllide to chlorophyll.
  • The two proteins oppositely regulate the ‘BBX11’ gene to maintain optimum levels of ‘BBX11’.

How does it work?

  • It plays a crucial role in regulating the levels of protochlorophyllide — an intermediate in the biosynthesis of the green pigment chlorophyll.
  • The amount of protochlorophyllide synthesized needed to be proportional to the number of enzymes available to convert them to chlorophyll.
  • If there is an excess of free protochlorophyllide, then exposure to light converts it into molecules that cause ‘photobleaching’.
  • Thus, it is very important to regulate the amount of protochlorophyllide synthesized by the plant and here comes the vital plant played by the ‘BBX11’ gene.
  • If it is less, plants are unable to efficiently ‘green’ in order to harvest sunlight.

Benefits of the research

  • The study could have tremendous implications in the agriculture sector in tropical countries like India and can help provide leads to optimize plant growth under stressful and rapidly changing climatic conditions.
  • Due to the rapidly changing climatic conditions, farmers in several states in India, especially in Maharashtra, are suffering huge losses in crop yields.
  • This often leads to severe distress among the farming community as indicated by the high number of farmer suicides in Maharashtra for the past several years.
  • Severe drought, high temperature and high light are some of the major reasons for crop failure. Young seedlings emerging out of the soil are extremely sensitive to high irradiance of light.
  • This study can provide leads to optimize plant growth under these stressful conditions.

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Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

How dangerous is Ammonia?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Ammoni compounds and its uses

Mains level: Not Much

Two persons died and several took ill in a major ammonia gas leakage at a fertilizers unit at Prayagraj.

Try this PYQ:

Q. With reference to chemical fertilizers in India, consider the following statements:

  1. At present, the retail price of chemical fertilizers is market-driven and not administered by the Government.
  2. Ammonia, which is an input of urea, is produced from natural gas.
  3. Sulphur, which is a raw material for phosphoric acid fertilizer, is a by-product of all oil refineries.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 2 only

(d) 1,2 and 3

Ammonia

  • Ammonia is critical in the manufacturing of fertilizers and is one of the largest-volume synthetic chemicals produced in the world.
  • More than 80 per cent of ammonia made is consumed in the manufacturing of fertilizer, and most of the remainder goes into the production of formaldehyde.
  • A tri-hydroid of nitrogen (NH3), ammonia is a building block for ammonium nitrate (NH4NO3) that is used in agriculture as a high-nitrogen fertilizer.

Why is it harmful?

  • According to experts in Chemistry, ammonia is stored for industrial use in liquid form under high pressure or in gaseous form at low temperature.
  • In such cases, the cause of death is always suffocation as in the case of Prayagraj incident, the victims must have been very close to the point of a gas leak.

Effects on the human body

  • Ammonia, even in moderate concentration, can cause irritation to eyes, skin, nose and throat.
  • It interacts immediately upon contact with moisture present in the skin, eyes, oral cavity, and respiratory tract to form ammonium hydroxide.
  • It is very caustic and disrupts the cell membrane lipids, ultimately leading to cellular destruction.
  • As cell proteins break down, water is extracted, resulting in an inflammatory response that causes further damage.

Secretion in humans

  • Ammonia, which is highly soluble in water, is found in soil, air, and water; it is naturally present in the body.
  • It is secreted by the kidneys to neutralize excess acid.
  • However, it is highly diluted when in the environment and does not affect the human body to a noticeable level.

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Modern Indian History-Events and Personalities

Places in news: Rahim’s Tomb

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Navratnas of Akbar

Mains level: Medieval arts and culture

This newscard is an excerpt from the original article published in The Hindu.

Try this PYQ:

Q.With reference to Mian Tansen, which one of the following statements is not correct?

(a) Tansen was the title given to him by Emperor Akbar.

(b) Tansen composed Dhrupads on Hindu gods and goddesses.

(c) Tansen composed songs on his patrons.

(d) Tansen invented many Ragas.

Who was Rahim?

  • Dating back to 1598, during the rule of Akbar, Abdur Rahim Khan I Khanan was one of the Navratna in the court.
  • Winning wars with his military training and hearts with his dohas and translated texts — he was a man who survived despite his father Bairam Khan’s assassination when he was just four.
  • Meant to be a dedication of a husband to his wife, the tomb ended up housing his own remains too when he died in 1627.

His works

  • Apart from writing various dohas, Rahim translated Babar’s memoirs, Baburnama from Chagatai language to the Persian language, which was completed in 998 (1589–90) AD.
  • He had an excellent command over the Sanskrit language.
  • In Sanskrit, he wrote two books on astrology, Khetakautukam and Dwatrimshadyogavali.

Why in news?

  • The tomb is in a run-down situation but undergoing renovation.
  • The historical and cultural significance is more than the archaeological and architectural significance, so restoring the dignity of the burial place has been very important.

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