Note4Students
From UPSC perspective, the following things are important :
Prelims level: Artile 361
Mains level: What are the provisions related to the Governor in the Indian Constitution?
Why in the News?
Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.
What is Article 361?
Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”.
The provision also has two crucial sub-clauses:
(1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.
(2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
Immunity power of the Governor:
- Ceases to be in office: The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or no longer enjoys the confidence of the President.”
- Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”
- In 2017, criminal conspiracy in the 1992 demolition of the Babri Masjid case: The trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.
Constitutional Provisions:
- Appointment: The Governor is appointed by the President of India and holds office during the pleasure of the President (Article 155).
- Qualifications: The Governor must be a citizen of India, must be at least 35 years old, and must not hold any office of profit (Article 157).
- Powers and Functions: The Governor is the constitutional head of a state and performs various functions including:
- Executive Functions: The Governor appoints the Chief Minister and other Council of Ministers, and allocates portfolios among them (Article 164).
- Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
- Financial Functions: The Governor causes to be laid before the State Legislature the Annual Financial Statement (budget) and has powers related to money bills (Article 202).
- Discretionary Powers: The Governor has discretionary powers in certain matters, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).
- Relation with the Union: The Governor is appointed by the President and acts as a link between the state and the Union. He/she can send reports to the President regarding the administration of the state (Article 356).
- Oath or Affirmation: Before entering office, the Governor must take an oath or affirmation according to the form set out in the Third Schedule of the Constitution (Article 159).
Conclusion:
Article 361 of the Indian Constitution provides immunity to the President and Governors from court proceedings and arrest during their term. Police action against a Governor can only occur after they cease office.
Mains PYQ
Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SDGs
Mains level: Why the world is not on track to achieve most SDGs by 2030?
Why in the News?
2024 is an election year across the world and newly elected governments need to focus on the all-important sustainability issue. Year 2024 is an election year across the world.
- At least 64 countries, both developed and developing, accounting for 49% of the world population, will go to the polls.
Causes of Global Slow Progress:
- Impact of Global Crises: The outbreak of the COVID-19 pandemic and other global crises virtually halted progress towards the SDGs. These crises have diverted attention and resources away from sustainable development efforts.
- Neglect of Environmental Goals: There has been little to no attention towards goals related to the environment and biodiversity, including responsible consumption and production, climate action, life below water, and life on land.
- Defiance of Integrated Nature of SDGs: The current practice of pursuing SDGs is criticized for defying the integrated and indivisible nature of the goals. This lack of integration hampers efforts to achieve sustainable development outcomes comprehensively.
- Risk of Environmental Degradation: The slow progress and neglect of environmental goals pose a significant risk of accelerated environmental degradation. This threatens the overarching target of balancing human well-being and a healthy environment.
Why the world is not on track to achieve most SDGs by 2030?
- Insufficient Progress: Despite reaffirmations of commitment by world leaders, progress towards achieving the SDGs remains slow. The world is only on track to meet 15% of the 169 targets that comprise the 17 goals.
- Investment Gap: There is a significant gap in investment for SDGs, particularly in developing countries. The estimated investment gap exceeds $4 trillion, with nearly $2 trillion needed for the energy transition alone.
- Lack of Synergistic Action: There is a lack of synergistic action in addressing SDGs, despite the integrated nature of the goals. Few studies and empirical evidence exist on the synergies and trade-offs among SDGs, hindering progress.
- Barriers to Synergies: Various barriers, including knowledge gaps, political and institutional barriers, and economic issues, impede synergistic action.Inadequate data collection, and an inability to attribute co-benefits to specific actions hinder progress.
- Misaligned Policies: Policies may be misaligned, leading to barriers for meeting greater targets. For example, ambitious renewable energy targets may not align with smaller-scale of steps taken to achieve SDG goal.
- Limited Understanding of Cost Estimation: Exploiting resources without considering climate change impacts and synergistic opportunities can be detrimental to national and global efforts.
Way forward:
- Call for Action: There is a call for action to strengthen the environment for synergistic action, transparently identify opportunities and limits to synergies, and develop reporting frameworks to assess the value created from specific SDG interventions.
- Urgent Action Areas Identified: The UN SDG Report, 2023 identified five key areas for urgent action, including commitments of governments, concrete policies to eradicate poverty and reduce inequality, strengthening of national and subnational capacity, recommitment of the international community, and strengthening of the UN development system.
- Global Reaffirmation and Commitment: World leaders acknowledged the situation and reaffirmed their commitments to delivering the SDGs by 2030. However, the effectiveness of these global pronouncements at the ground level remains uncertain.
Mains PYQ
Q National Education Policy 2020 isin conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. (2020)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Diplomatic Passport
Mains level: Operational Visa Exemption Agreements
Why in the news?
After allegations of sexual abuse by Janata Dal (Secular) MP Prajwal Revanna came to light, the politician fled to Germany on a Diplomatic Passport.
What is a Diplomatic Passport?
- The normal passports, which have dark blue covers and are valid for 10 years (for adults) while the diplomatic passports have maroon covers, and are valid for five years or less.
- Holders of such passports are entitled to certain privileges and immunities as per international law, including immunity from arrest, detention, and certain legal proceedings in the host country.
Who can get a Diplomatic Passport?
- Diplomatic Status: Individuals with diplomatic status, such as diplomats representing the country abroad, are eligible for diplomatic passports.
- Government-Appointed Officials: Government-appointed individuals travelling abroad for official business can receive diplomatic passports.
- Officers of Indian Foreign Service (IFS): Officers working under branches A and B of the Indian Foreign Service (IFS), typically at the rank of Joint Secretary and above, are entitled to diplomatic passports.
- Relatives of IFS and MEA Officers: Relatives and immediate family members of officers employed in the Indian Foreign Service (IFS) and Ministry of External Affairs (MEA) are eligible for diplomatic passports.
- Authorized Individuals for Official Travel: Select individuals authorized to undertake official travel on behalf of the government, such as union ministers and Members of Parliament (MPs), may receive diplomatic passports. The validity of these passports is concurrent with the term of the MP.
Surrender of Diplomatic Passport by MPs:
- Individuals who are disqualified from their positions, such as MPs, are required to surrender their diplomatic passports. For example, Congress leader Rahul Gandhi surrendered his diplomatic passport after being disqualified as an MP.
Why did Prajwal Revanna not need a visa to travel to Germany?
- Operational Visa Exemption Agreements: India has operational visa exemption agreements with certain countries, including Germany, for holders of diplomatic passports. These agreements allow diplomatic passport holders to travel to these countries without requiring a visa, provided their stay does not exceed 90 days.
- Reciprocal Deal with Germany: A reciprocal deal signed in 2011 between India and Germany exempts holders of Indian diplomatic passports from obtaining a visa for travel to Germany.
- India has similar agreements with other countries, such as France, Austria, Afghanistan, Czech Republic, Italy, Greece, Iran, and Switzerland, where diplomatic passport holders are exempted from visa requirements.
- Operational Visa Exemption for Other Passport Holders: India also has agreements with 99 other countries where not only diplomatic passport holders but also those holding service and official passports can avail of operational visa exemption for stays up to 90 days.
- Countries in this list include Bahrain, Brazil, Egypt, Hong Kong, Oman, Singapore, and the United Arab Emirates.
- Despite not needing a visa, Prajwal Revanna should have applied for prior political clearance for his private visit to Germany. Members using a diplomatic passport are required to apply for political clearance directly to the Ministry of External Affairs (MEA) before proceeding abroad.
Who can revoke a Diplomatic Passport?
- Court Order Requirement: The government can revoke a diplomatic passport only after a court order to that effect. The relevant provisions of the Passport Act 1967 stipulate that revocation of a diplomatic passport may occur upon orders from a court during proceedings concerning an offence allegedly carried out by the passport holder before a criminal court.
- Passport Authority’s Discretion: The Passport Act empowers the passport authority to impound or revoke a passport under various circumstances. These include instances where the holder is in wrongful possession of the passport or obtained it by suppressing material information or in the interests of India’s sovereignty and integrity or friendly relations with foreign countries.
- Conviction by Indian Court: A diplomatic passport can be revoked if the holder has been convicted by a court in India and sentenced to imprisonment for not less than two years.
What is the Henley Passport Index?
- The Henley Passport Index is a renowned ranking system that assesses the strength of passports based on the number of destinations their holders can access without a prior visa.
- It utilizes data from the International Air Transport Association (IATA) and is enhanced by Henley & Partners’ research team.
- In the latest 2024 ranking, India’s rank has slipped one place to 85th, despite the number of visa-free destinations increasing to 62 countries
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Way forward
- Enhanced Oversight and Accountability: Implement stricter oversight mechanisms to monitor the issuance and use of diplomatic passports. Regular audits and reviews can help identify any discrepancies or misuse.
- Strict Enforcement of Surrender Rules: Enforce existing rules mandating the surrender of diplomatic passports by individuals who are disqualified from their positions, such as Members of Parliament.
Mains PYQ
Q Analyse the circumstances that led to the Tashkent Agreement in 1966. Discuss the highlights of the agreement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: DV Act 2005 and its key provisions
Mains level: NA
Why in the news?
- A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
- The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.
Domestic Violence Law: An Overview
- The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
- Key Features of the DV Act:
|
Details |
| Background |
Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code). |
| Definitions of Violence |
- Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
- Even a single act of harm or injury qualifies as domestic violence.
|
| Beneficiaries |
- Any woman in a domestic relationship (Section 2).
- Children can also file complaints, and any person can file on their behalf (Section 2).
|
| Respondents |
- Adult male members in domestic relationships (Section 2).
- Relatives of the husband or male partner can also be respondents (Section 2).
|
| Rights to Residence |
Women cannot be denied access to resources during legal proceedings (Section 17). |
| Other Rights |
- Access to police, shelter, medical aid, and legal assistance.
- Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
|
| Remedial Measures |
- Victims entitled to medical facilities, counseling, and shelter (Section 12).
- Both parties may receive counseling as directed by the court (Section 14).
- Respondents required to provide compensation for losses incurred by the victim (Section 20).
- Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
|
| Protection Officers |
Appointment of officers in each district, preferably women, with necessary qualifications (Section 8). |
| Fixed Timeline |
All complaints must be heard and disposed of within 60 days (Section 12). |
PYQ:
[2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Garo Hills
Mains level: NA
Why in the news?
- Geological Survey of India (GSI) explorers have made a breakthrough, uncovering ancient fossils in Tolegre, South Garo Hills of Meghalaya.
- It is speculated that the fossils could be linked to the genera Rhodocetus or Amulocetus (now extinct), considered ancestors of modern whales.
About Garo Hills
- The Garo Hills, located in Meghalaya, are part of the Garo-Khasi range, one of the hill ranges in the northeastern region of India.
- They are situated in the western part of Meghalaya, bordering Bangladesh to the south and west.
- The terrain of the Garo Hills is rugged and hilly, characterized by dense forests, steep slopes, and deep valleys.
- The Nokrek is highest Peak, which stands at approximately 1,415 meters (4,642 feet) above sea level.
- The climate in the Garo Hills is typically humid subtropical, with heavy rainfall during the monsoon season, which usually lasts from June to September.
- Numerous rivers and streams, including the Brahmaputra, Someshwari, and Jinjiram rivers crisscross this region.
- The region is also known for its picturesque waterfalls, such as the Pelga Falls, located near Tura, the largest town in the Garo Hills.
- The Nokrek National Park, located within, is recognized as a UNESCO Biosphere Reserve and is home to various endangered species, including the Asian elephant and the red panda.
- The Garo Hills are inhabited predominantly by the Garo tribe, one of the major ethnic groups in Meghalaya.
PYQ:
[2013] Consider the following pairs:
1. Nokrek Bio-Sphere Reserve : Garo Hills
2. Logtak (Loktak) Lake : Barail Range
3. Namdapha National Park: Daphla Hills
Which of the above pairs is/are correctly matched?
(a) 1 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) None |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NCART
Mains level: NA
Why in the news?
The Centre is contemplating the establishment of the National Council for Agriculture and Rural Transformation (NCART), envisioned as a federal body to formulate policies and programs for the agricultural sector.
What is NCART?
- The NCART is a proposed federal body aimed at coordinating and driving actions in the agriculture sector in India.
- It would have representation of both the Centre and States.
- The idea for NCART has been proposed by the Ministry of Agriculture and Farmers’ Welfare as part of its 100-day action plan for the new government.
- It draws inspiration from the Goods and Services Tax (GST) Council.
Terms of Reference of NCART:
- Policy Formulation: NCART is envisioned as an overarching federal body responsible for devising policies and programs to promote agricultural and rural development.
- Coordination: One of the key objectives of NCART is to ensure coordinated actions across various stakeholders involved in the agriculture sector, including the central government, state governments, and other relevant entities.
- Consultative Body: NCART is expected to include representation from both the central and state governments, similar to the Goods and Services Tax (GST) Council, to ensure a consultative approach in decision-making.
- Legal Status: While the GST Council is a constitutional body, the exact status of NCART is yet to be finalized.
India’s Agriculture Expenses:
- Despite agriculture being a state subject, the Centre has significantly increased budgetary allocations for the Agriculture Ministry.
- Budgetary allocation for the Ministry of Agriculture and Farmers’ Welfare surged from Rs. 27,662.67 crore in 2013-14 to Rs. 1,25,035.79 crore in 2023-24 BE.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Hopen Island, Barents Sea.
Mains level: NA
Why in the news?
Researchers disclosed that one of Norway’s Hopen Island in the Svalbard Archipelago witnessed its first walrus death due to Bird Flu (H5N1).
About Hopen Island in the Svalbard Archipelago
- Hopen Island is situated in the southern part of the Svalbard Archipelago, between the Barents Sea and the Greenland Sea.
- The island covers an area of about 47 square km, making it one of the smaller islands in the Svalbard group.
- The landscape mainly consists of low-lying tundra, rocky outcrops, and coastal cliffs.
- Like the rest of Svalbard, Hopen Island experiences a harsh Arctic climate. Winters are long, dark, and extremely cold, while summers are short and cool.
- It serves as an important breeding ground for seabirds such as guillemots, puffins, and kittiwakes. Polar bears are also occasionally spotted on the island, along with walruses, seals, and Arctic foxes.
- It is uninhabited and largely inaccessible to humans due to its remote location and extreme weather conditions.
- Historically, Hopen Island has been of strategic importance due to its location between the Barents Sea and the Greenland Sea.
H5N1 Bird Flu: Details
- H5N1 originated from a virus outbreak on a goose farm in China in 1996 and has since evolved into a highly pathogenic strain.
- The virus quickly spread from Europe to Africa, Asia, North America, and South America, and most recently, it reached mainland Antarctica.
- H5N1 is a subtype of the influenza A virus that causes severe respiratory disease in birds, known as avian influenza or “bird flu”.
- Influenza A viruses are classified by subtypes based on the properties of their surface proteins, with H5N1 being one subtype.
How widespread is it?
- The virus has affected birds in over 80 countries, resulting in mass culling of poultry and wild birds.
- Furthermore, it has now begun infecting mammals, including seals, sea lions, and marine mammals.
- While humans rarely contract bird flu, those at risk are typically individuals who have extensive contact with infected birds at poultry farms.
- Bird flu first broke out in Maharashtra in 2006.
- The H5N1 virus led to the culling of millions of poultry so as to contain the virus. But it has resurfaced from time to time.
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PYQ:
[2014] Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’?
(a) Andaman and Nicobar
(b) Nicobar and Sumatra
(c) Maldives and Lakshadweep
(d) Sumatra and Java |
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