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(VIDEO) Flight from Sikkim to Northeast (सिक्किम से पूर्वोत्तर की उड़ान)- Lok Sabha TV Insight Discussion

(VIDEO) Flight from Sikkim to Northeast (सिक्किम से पूर्वोत्तर की उड़ान)- Lok Sabha TV Insight Discussion

Topic of Discussion: Flight from Sikkim to Northeast (सिक्किम से पूर्वोत्तर की उड़ान)- Lok Sabha TV Insight Discussion

(VIDEO) Sabarimala: Women Of All Ages Allowed : Rajya Sabha TV Big Picture Debate

(VIDEO) Sabarimala: Women Of All Ages Allowed : Rajya Sabha TV Big Picture Debate

Topic of Discussion: Sabarimala: Women Of All Ages Allowed : Rajya Sabha TV Big Picture Debate

THE GIST of Editorial for UPSC Exams : 28 September 2018 (A fraught timeline: on Ayodhya title suit )


A fraught timeline: on Ayodhya title suit 


Mains Paper: 2 | Polity
Prelims level: Ayodhya dispute 
Mains level: The stage is set for a final hearing on the title suit to the disputed site in Ayodhya 

Introduction 

  • The Supreme Court’s refusal to refer some questions of law in the Ram Janmabhoomi-Babri Masjid dispute.
  • The seven-judge Bench has one immediate consequence: it could expedite the final hearing in the appeals against the Allahabad High Court’s compromise judgment of 2010 in the main title suit.
  • The two-judge majority opinion has fixed the date for the hearing as October 29, a development that may mean that a final verdict is not far off and it could have a bearing on political events in the run-up to the general election due next summer.
  • The final hearing ought to have begun a year ago, but was delayed because some parties wanted the reference to a larger Bench so that certain observations in a Constitution Bench decision in Ismail Faruqui (1994) could be reconsidered.
  • The apprehension was that remarks to the effect that “a mosque is not an essential part of the practice of Islam” and that namaz can be offered anywhere, even in the open, would influence the outcome of the appeal. 
  • Justice Ashok Bhushan’s main opinion has sought to give a quietus to the controversy by declaring that “the questionable observations” were to be treated only as observations made in the context of whether land on which a mosque stood can be acquired by the government.
  • It should not be taken into account while deciding suits and appeals. 
  • It is a fact that the respective claims of the U.P. Sunni Central Wakf Board, Nirmohi Akhara and Ram Lalla.
  • The deity, can only be tested against evidence adduced during trial and not by pronouncements on the significance of places of worship or practices in a particular religion.

Important highlights of the HC judgment 

  • Justice Abdul Nazeer notes that its observations have permeated the High Court judgment.
  • Ismail Faruqui was a ruling on petitions challenging the validity of a Central law that acquired the land on which the Babri Masjid stood before it was razed by a frenzied and fanatical mob on December 6, 1992. 
  • The judgment was notable for upholding the rule of law by restoring the title suits that had been declared as having “abated” in the Act.
  • It also declined to answer a Presidential reference on whether a Hindu temple stood on the disputed site before the mosque was built. 
  • Any observation made in the course of such a decision is bound to have a profound impact on the courts below.

Way forward  

  • It is easy to contend that courts should work to their own timelines and not be influenced by such things as election season.
  • The Ayodhya dispute has gone through dark political phases and been more than a mere legal issue. 
  • The onus is on the apex court to dispose of the appeals at its convenience without giving any scope for the exploitation of religious sentiments.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  The President of India referred the Ayodhya issue to the Supreme Court of India under which article?
1.    135
2.    136
3.    147
4.    143
Answer:  D

UPSC Mains Questions:
Q.1)  The stage is set for a final hearing on the title suit to the disputed site in Ayodhya. Discuss the recent development of this dispute.  

THE GIST of Editorial for UPSC Exams : 28 September 2018 (Not a crime: on Supreme Court's adultery ruling)


Not a crime: on Supreme Court's adultery ruling 


Mains Paper: 2 | Polity
Prelims level: adultery law
Mains level: By decriminalising adultery, the Supreme Court strikes a blow for individual rights 

Introduction

  • The Supreme Court finally striking down a colonial-era law that made adultery punishable with a jail term and a fine. 
  • A five-judge Bench headed by the Chief Justice of India, Dipak Misra, finally transported India into the company of countries that no longer consider adultery an offence, only a ground for divorce. 
  • They have removed provisions related to adultery in the Indian Penal Code and the Code of Criminal Procedure. 

Constitutional Provision 

  • According to Section 497 of the IPC, which now stands struck down, a man had the right to initiate criminal proceedings against his wife’s lover.
  • In treating women as their husband’s property, as individuals bereft of agency, the law was blatantly gender-discriminatory. 
  • The Court also struck down Section 198(2) of the CrPC under which which the husband alone could complain against adultery. 
  • Till now, only an adulterous woman’s husband could prosecute her lover, though she could not be punished; an adulterous man’s wife had no such right. 
  • In a further comment on her lack of sexual freedom and her commodification under the 158-year-old law, her affair with another would not amount to adultery if it had the consent of her husband. 
  • The history of Section 497 reveals that the law on adultery was for the benefit of the husband, for him to secure ownership over the sexuality of his wife.
  • Justice D.Y. Chandrachud wrote. “It was aimed at preventing the woman from exercising her sexual agency.”

Challenges for government  

  • The court was not to equalise the right to file a criminal complaint, by allowing a woman to act against her husband’s lover. 
  • It gave the IPC and the CrPC a good dusting, to rid it of Victorian-era morality. 
  • It is only in a progressive legal landscape that individual rights flourish and with the decriminalisation of adultery India has taken another step towards rights-based social relations, instead of a state-imposed moral order. 
  • That the decriminalisation of adultery comes soon after the Supreme Court judgment that read down Section 377 of the IPC to decriminalise homosexuality, thereby enabling diverse gender identities to be unafraid of the law, is heartening. 
  • The statute books is being left to the judiciary, without any proactive role of Parliament in amending regressive laws.
  • The provisions such as Section 497 or 377 remained so long in the IPC, it is also that Parliament failed in its legislative responsibility to address them.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  Consider the following statements regarding the Section 497:
1.    Section 497 of the IPC mandates that “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished.”
2.    Section 497 is a kind of “romantic paternalism,” which stemmed from the assumption that women, like chattels, are the property of men.
3.    Section 497 gave husbands the exclusive right as an aggrieved party to prosecute the adulterer in a case involving his wife, a similar right has not been conferred on a wife to prosecute the woman with whom her husband has committed adultery
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1, 2 and 3
(d) 2 and 3 only
Answer:  C

UPSC Mains Questions:
Q.1)  By decriminalising adultery, the Supreme Court strikes a blow for individual rights. Critically examine the statement. 
 

THE GIST of Editorial for UPSC Exams : 28 September 2018 (Verdict as first word)


Verdict as first word


Mains Paper: 2 | Polity  
Prelims level: Aadhaar Act
Mains level: Important points about the recent judgments of Aadhaar act

Introduction :

  • Aadhaar is safe, cannot be used for surveillance, and does not have error rates that warrant concern.
  • Section 57 of the Aadhaar Act, the underlying debates that precipitated this case will reappear in different forms.
  • There is good reason to think that this judgment may be the first rather than the last word on the matter.

Supreme Court gives Aadhaar some privacy

  • The majority judgment upheld the validity of Aadhaar but limited its use. 
  • But it has not provided a consistent framework by which future legitimate uses can be ascertained. 
  • The rationale for linking some rights and services provided by the state, and not others is not entirely clear. 
  • The general presumption seems to be that the use of Aadhaar for commercial exploitation of data is impermissible.
  • The majority claims that Aadhaar is not a tool for surveillance, without doing much to reassure on that count. 
  • While the majority provided data protection in many forms, especially by preventing private sector use, the basic question of who can use the data which is linked to Aadhaar and for what purposes is not entirely clear. 
  • The court has allowed linking PAN cards to Aadhaar, thereby indirectly linking bank accounts to Aadhaar, even though formally Aadhaar is not required for bank accounts. We still do not have a clear account of who can use this kind of linking and for what purposes?

Other important key points 

  • The UPA was cavalier in doing something like Aadhaar without a covering legislation for years; the NDA brought in legislation through patently unconstitutional means.
  • The Court’s job is to protect us from arbitrary use of state power.
  • But the choice argument and the multiplicity of identification arguments may prove too much. They may allow Aadhaar greater back door entry.
  • With the clamour for extending the NRC increasing, you will have to prove that you are a citizen rather than the state having to disprove that you are not.

Conclusion 

  • It is also being presumed that the state has the right to seek more and more information on the presumption that you might be guilty of anything from money laundering to terrorism. 
  • So the scepticism of Aadhaar on these grounds was well founded.
  • But on the question of the poor, in the name of whose empowerment both sides of the debate speak.
  • It still looks like both sides have presumed to speak on what will enable the empowerment of the poor, without really knowing what actually will.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  Consider the following statements regarding the Unique Identification Authority of India:
1. It is a non-statutory body established by a resolution of the Central government.
2. It works under the aegis of the Ministry of Electronics and Information technology.
3. It is responsible for enrolment, authentication and development of policy related to Aadhaar.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1, 2 and 3
(d) 2 and 3 only
Answer:  D

UPSC Mains Questions:
Q.1)  Discuss the important points about the recent judgments of Aadhaar act as given by Sc?

Public Administration Mains 2017 : Solved Paper Public Administration : Paper-1-Q1

Public Administration Mains 2017 : Solved Paper Question Paper-1 (Question-1)

(Section A)

Q1) Answer the following questions in about 150 words each:

(a)Even after 130 years of its publication, Woodrow Wilson’s essay “The Study of Administration” continues to have great relevance even today.” Comment (10 marks) (Introduction)

ANSWER: Woodrow Wilson’s essay ‘The Study of Administration’ covers three broad topics,

(1) It is a review of the history of the study of public administration.

(2) It is the subject-matter, more specifically public administration

(3) He seeks to determine the best methods to develop public administration, both as a science and as a useful tool within the structure of the American democracy.

The Theory of Administration is first theoretical piece on public administration , its influence was on later theory rather than contemporary practice. Despite its undoubted importance, the essay is remarkable for its ambiguity , particularly in regard to his instance on the politics- administration dichotomy. The essay for the first time expressed the need for a scientific and systematic study of administration.

Wilson’s essay stands as a major early effort at articulating the essential ideation and dominant paradigm for the profession. Though the essay was not read and cited until it was reprinted in 1941, it serves as a benchmark in the development of the field of public administration.

(b) “What is distinctive about the Classical and Human Relations Schools of thought administration is their complementarity to each other “. Analyse (10 marks) (Administrative Thought)

ANSWER:  The Human Relations theory is called the ‘neo-classical theory’ because it, like the classical theory , accepts efficiency and productivity as the legitimate values of the organization, although it relies on a different set of techniques to achieve these values. Both the classical and human relations theories are alike in their objectives but differ in the methods adopted to accomplish those objectives. The human relationists seek to maximize the values of efficiency and productivity by eliminating the dysfunctions caused by overspecialization , alienating hierarchical arrangements and general dehumanization of classical approach.

Classical theory is based on the assumption that people are driven by purely economic motives. Human relations theory assumes that workers need to feel that their work has value (beyond the purely economic) and that the workplace should be a space where positive social interactions led to increased productivity. In reality , an organization is both a formal structure and informal relations , these two aspects of an organization are not contradictory but allied to each other.

(c) “Conflict is the appearance of differences –the difference of opinions and of interest”. (Mary Parker Follet). Comment(10 marks) (Administrative Thought)

ANSWER: ONLY FOR PAID MEMBERS

(VIDEO) Everyone's health with everyone (सबका साथ सबका स्वास्थ्य)- Lok Sabha TV Insight Discussion

(VIDEO) Everyone's health with everyone (सबका साथ सबका स्वास्थ्य)- Lok Sabha TV Insight Discussion

Topic of Discussion: Everyone's health with everyone (सबका साथ सबका स्वास्थ्य )- Lok Sabha TV Insight Discussion

(VIDEO) Verdict on Adultery : Rajya Sabha TV Big Picture Debate

(VIDEO) Verdict on Adultery : Rajya Sabha TV Big Picture Debate

Topic of Discussion: Verdict on Adultery : Rajya Sabha TV Big Picture Debate

THE GIST of Editorial for UPSC Exams : 27 September 2018 (Biofuels are a sensible option for India)


Biofuels are a sensible option for India


Mains Paper: 3 | Science & Technology 
Prelims level: Biofuels 
Mains level: They are practical, given India’s agricultural scenario, efficient in terms of cost and good for the environment

Introduction

  • The Indian government has set a target to increase energy efficiency in transport and, at the same time, abating the impact of energy on the environment.
  • This is an objective shared by many other countries around the world. 
  • The first Global Mobility Summit held in New Delhi during the first week of September, discussions concentrated on the best ways to achieve this goal.

Importance of using biofuels 

  • The logical and immediate solution was to invest intensively in mass public transport, shared vehicles and general habit changes.
  • Beyond that, it was widely recognized by the scientific community that electrification was the way forward to reach higher efficiency levels.
  • However, there are at least three forms of electrification: 
  • With electric power stored in batteries, 
  • With hydrogen, and
  • With high-density, low-carbon liquid fuels. 
  • Batteries have an intrinsic limitation related to their low energy density, currently less than 200 Wh per kg. 
  • The industry goal is to reach 330 Wh, and in the future, with new material, it is believed that it could reach 700-800 Wh.
  • The low energy density restrains the range and determines the cost of this option. 
  • Batteries require the use of power, and are environmentally sound only if the source of power is clean. 
  • There is still the issue of availability and sourcing of metals used in their manufacturing, their limited lifespan, and the economic and environmental costs of discard. 
  • A new infrastructure for power distribution is also needed and India must make massive investments in new forms of power generation, as 75.1% of its current generation is derived from coal, and another 4.2% from other fossil-based fuels such as gas and diesel.
  • Electrification with hydrogen is costly and risky to produce, store and distribute.
  • Electrification with low-carbon liquid and gaseous fuels, such as bioethanol and bio-CNG (compressed natural gas), takes advantage of their high energy density, 6,200 Wh per kg in the case of ethanol. 
  • Biofuels must be perceived as high-density solar energy, or hydrogen, captured, stored and distributed in an efficient, economical and reliable manner. 

Importance of using ethanol 

  • The advantages of this route are the possibility of its immediate implementation as a blend component to petrol using the current distribution infrastructure.
  • It provides a sizeable positive impact on agriculture, increasing farm income, providing diversification and greater price stability.
  • Brazil has saved more than 700 million tonnes of CO2 emissions from ethanol used and over $420 billion in avoided petrol imports.
  • Ethanol and bio-CNG can be the source of energy for electrification adopted in hybrid, e-electric and fuel cell vehicles.
  • In urban areas, ethanol reduces emissions of carbon monoxide, reactive hydrocarbons, nitrogen oxides, formaldehydes and particulate matter. 
  • It greatly contributes to reduction of cancer-related toxic emissions. 
  • On a global scale, it’s very low carbon intensity provides a very efficient solution to mitigate global warming. 

Conclusion

  • By 2030, India’s urban population will grow to more than 600 million people. 
  • Urgent policies must be implemented now to increase the efficiency of energy in transport, mitigate environmental impact at local and global scale, and control migration to large cities with a sensible farming strategy.
  • India has enormous potential for electricity generation with bioethanol and biogas.
  • The same holds true when it comes to bio-CNG or biomethane from farming and agrindustrial residues for substitution of diesel fuel. 
  • It is a natural solution for India to produce and use more ethanol as the economy continues to grow 7% a year. In addition to affecting the economy, air pollution remains on the rise.
  • Electrification with biofuels is the sensible, modern and long-term strategy for India and many other countries in similar circumstances.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSCPrelims Questions: 

Q.1) With reference to sources of energy, the term 2nd generation biofuel usually refers to the biofuels
(a) which are made from non food feedstocks.
(b) which are made from feedstocks used for human consumption.
(c) where algae is used as primary energy source for its production.
(d) which are designed to capture large amounts of carbon, with genetically synthesized microbes.
Answer:A

UPSC Mains Questions:
Q.1)  Is biofuels are optimal solutions for India’s fuels requirement?
 

THE GIST of Editorial for UPSC Exams : 27 September 2018 (Opacity in the name of privacy)


Opacity in the name of privacy


Mains Paper: 2 | Polity 
Prelims level: Personal Data Protection Bill
Mains level: The draft Personal Data Protection Bill poses a danger to the hard-won right to information

Introduction

  • The Supreme Court declared the right to privacy a fundamental right, a ruling widely welcomed.
  • But many transparency advocates also felt apprehension, fearing that the right to privacy.
  • It meant to protect citizens from arbitrary state and corporate surveillance. 
  • It might be deployed first and foremost to shield authorities from scrutiny by citizens.

Issue of accountability

  • The Personal Data Protection Bill, 2018, drafted by the Srikrishna Committee.
  • The Bill identifies “personal data” as any data that directly or indirectly identifies a person.
  • It calls for amending clause 8.1.j of the Right to Information (RTI) Act, 2005. 
  • The clause currently exempts the following from disclosure: “information which relates to personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Public Information Officer.
  • It is also satisfied that the larger public interest justifies the disclosure. 
  • Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
  • The Srikrishna Committee suggests amending this clause to authorise public information officers, or PIOs, to deny information containing ‘personal data’, if they feel that such disclosure is likely to cause harm to ‘the data principal’, and if such harm outweighs public interest.
  • The Bill defines ‘data principal’ as whoever the data relates to. 
  • This amendment may seem reasonable on first reading, but for the practical experiences of RTI users in the past years.

Existing RTI Act and it adheres to 

  • The RTI Act’s core aim is to bring accountability by making available public records that disclose the actions and decisions of specific, identifiable members of the political class and the bureaucracy.
  • The Data Protection Bill extends the cloak of ‘personal data’ over all such information.
  • It asks PIOs (now overwhelmingly appointed at junior levels) to weigh public interest against the potential for harm to those identifiable in public documents. 
  • The Bill defines harm expansively to include everything from blackmail and bodily injury to loss of reputation, humiliation and “mental injury”. 
  • The Bill ignores that another key aim of the RTI Act is “containing corruption”. 
  • By bringing corruption to light, dogged RTI users have served public interest and caused ‘harm’, in terms of the Bill, to those exposed.

A ‘powerful proviso’

  • In most public records identify one or more persons. For instance, file notings identify bureaucrats making decisions by their posts, or even initials/names; public records, such as contracts awarded or clearances issued, identify specific private actors. 
  • Under the proposed amendment, PIOs will be forced to test public interest versus potential for harm to multiple “data principals” in just about every request that they handle, and this is a responsibility they will be reluctant to take on.
  • The nine judges of the Supreme Courtare unable to frame the bounds of privacy.
  • So can we expect PIOs to assess which information is private, and then weigh the potential harm to individuals due to disclosure, guided all the while by public interest and the cause of accountability?
  • The amended clause will chill the RTI Act, as PIOs will now have a strong legal ground to play safe, and toss out RTI requests deploying an amended clause 8.1.j.
  • The Supreme Court has perhaps inadvertently mangled the privacy safeguard provided in the existing Section 8.1.j. 
  • The RTI Act currently provides an acid test to help PIOs respond to requests: “Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.” 
  • This is a powerful proviso, also retained in the proposed amendment. 
  • It implies that PIOs can deny only that information to applicants which they would deny to Parliament or State legislatures.

Way forward

  • The government should be addressing these alarms raised by the Central Information Commission, the RTI’s apex watchdog. 
  • The precedent created by Deshpande and its widespread abuse by PIOs need to be corrected, to reaffirm the fundamental right to information. 
  • Instead, the government is embarking on a project to legalise such ‘abuse’, by diluting transparency in the guise of an amendment furthering privacy.
  • If the Bill is passed as is, and the RTI Act amended, it will deal a body blow to India’s hard-won right to information.
  • The Ministry of Information Technology is accepting public feedback on the Data Privacy Bill until the end of September. 
  • Citizens should use this window to urge the government not to amend the RTI Act.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1) The recently appointed B.N.Srikrishna committee is associated with
(a) reform of Public Sector Banks
(b) data protection laws
(c) Cauvery water dispute
(d) strengthening mechanism for defence procurement
Answer:B

UPSC Mains Questions:
Q.1)  The draft Personal Data Protection Bill poses a danger to the hard-won right to information. Critically examine the statement 
 

THE GIST of Editorial for UPSC Exams : 27 September 2018 (Aadhaar survives)


Aadhaar survives 


Mains Paper: 2 | Constitution 
Prelims level: Aadhaar 
Mains level: The Supreme Court finds a pragmatic middle path between the Aadhaar scheme’s excesses and its benefits to the marginalised

Introduction

  • Anine-judge Bench ruled unanimously last year that privacy is a fundamental right, opinion began to gain ground that the unique identification programme was vulnerable in the face of judicial scrutiny. 
  • It was projected by sceptics, detractors and activists as an intrusion on citizens’ privacy, a byword for a purported surveillance system, a grand project to harvest personal data for commercial exploitation by private parties and profiling by the state. 
  • The government has staved off the challenge by successfully arguing that it is essentially a transformative scheme primarily aimed at reaching benefits and subsidies to the poor and the marginalised.
  • Four of the five judges on a Constitution Bench ruled that the law enabling the implementation of the programme does not violate the right to privacy of citizens; instead, the project empowers marginalised sections and procures dignity for them along with services, benefits and subsidies by leveraging the power of technology.

Constitutionalvalidity of Aadhaar

  • The constitutional validity of Aadhaar are upholding and clarifying areas in which it cannot be made mandatory.
  • The Supreme Court has restored the original intent of the programme: to plug leakages in subsidy schemes and to have better targeting of welfare benefits.
  • Aadhaar came to mean much more than this in the lives of ordinary people, acquiring the shape of a basic identity document that was required to access more and more services, such as birth and death certificates, SIM cards, school admissions, property registrations and vehicle purchases. 
  • A unique identity number, that could be availed on a voluntary basis and was conceived to eliminate the rampant fraud in the distribution of benefits, had threatened to morph — with the Centre’s tacit acceptance — into something that was mandatory for various aspects of life. 
  • The judgment narrows the scope of Aadhaar but provides a framework within which it can work. 
  • The majority opinion has sought to limit the import of the scheme to aspects directly related to welfare benefits, subsidies and money spent from the Consolidated Fund of India. 
  • Thus, the controversial circulars and rules making it mandatory to link mobile phone numbers and bank accounts to Aadhaar numbers have been declared unconstitutional.
  • Section 57 of the Aadhaar (Targeted Delivery Of Financial And Other Subsidies, Benefits And Services) Act, 2016, has been struck down to the extent that it authorised body corporates and individuals to use the Aadhaar number to establish someone’s identity.
  • Schools have been barred from making the submission of the Aadhaar number mandatory to enrol children. 
  • A few other provisions have been read down or clarified.

Aadhaar: Where's it required and where's it not?

  • Aadhaar, the majority opinion was not oblivious to the impact of disbanding a project that has already completed much ground. For instance, 
  • It’s relying on official statistics, the majority favoured the scheme’s continuance for the sake of the 99.76% of people included under it, rather than fret over the 0.24% who were excluded because of authentication failure.
  • With enrolment saturation reaching 1.2 billion people, the programme had acquired a scale and momentum that was irreversible. 
  • It was perhaps this pragmatic imperative that led the majority to conclude that the government was justified in the passage of the Aadhaar Act as a ‘money bill’.
  • It even though under a strict interpretation this is a difficult position to defend, the Centre’s objective being to bypass the Rajya Sabha, where it did not have a majority. 
  • The Court has addressed this issue by accepting the government’s argument that Section 7, which enables the use of Aadhaar to avail of any government subsidy, benefit or service for which expenditure is incurred out of the Consolidated Fund of India, is the core provision in the law, and that this makes it a ‘money bill’.
  • The technical arguments on the safety of the Aadhaar architecture and the end-to-end encryption that underlies the transmission of captured biometric data to the Unique Identification Authority of India. 
  • The majority opinion has looked at the larger picture beyond the merits or demerits of the Aadhaarprogramme and the arguments for and against it. 

Way forward 

  • It held that the Aadhaar Act passes the “triple test” laid down in the ‘Privacy’ judgment under which there ought to be a law.
  • It is a legitimate state interest and an element of proportionality in any law that seeks to abridge the right of privacy.
  • Justice D.Y. Chandrachud argued that the Rajya Sabha’s authority has been superseded and that this “constitutes a fraud on the Constitution” — a position that is impossible to fault if one adopts a strict interpretation of what a money bill is.
  • He also expressed his displeasure at the government passing a series of orders making Aadhaar compulsory for various reasons, in defiance of interim orders from the Supreme Court. 
  • He highlighted the biometric authentication failures that have led to denial of rights and legal entitlements, and located the reason for such failures in the project’s inability to account for and remedy flaws in its network and design.
  • He ruled that denial of benefits arising out of any social security rights is “violative of human dignity and impermissible under our constitutional scheme”. 
  • Few would disagree with him in that “dignity and rights of individuals cannot be made to depend on algorithms and probabilities”. 
  • Finally, it was the arguments in favour of benefits to the poor and the practical consequences of abandoning the scheme that won the day. Aadhaar possibly was simply too big to fail.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1) With reference to UdhyogAadhar scheme, consider the following statements:
1. It is a facility by which any unregistered company gets a 12 digit unique ID to become a legal entity.
2. The scheme was notified by the Ministry of Industry and Commerce.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer:A

UPSC Mains Questions:
Q.1)  In the question of constitutional validity about Aadhaarwhere's it is required and where's it’s not?

(VIDEO) The Aadhaar Verdict : Rajya Sabha TV Big Picture Debate

(VIDEO) The Aadhaar Verdict : Rajya Sabha TV Big Picture Debate

Topic of Discussion: The Aadhaar Verdict : Rajya Sabha TV Big Picture Debate

THE GIST of Editorial for UPSC Exams : 26 September 2018 (Cleaning the House)


Cleaning the House


Mains Paper: 2 | Polity 
Prelims level: Representation of the People Act
Mains level: SC puts onus on executive to end criminalisation of politics, insists on disclosures to make voters aware of their candidates

Introduction 

  • The Representation of the People Act (RPA) does not bar individuals who have criminal cases pending against them from contesting elections. 
  • A five-judge bench of Supreme Court refused to disqualify candidates with criminal cases pending against them from contesting elections.
  • However, the country’s political class would do well take to serious note of the bench’s lament that the “increasing trend of criminalisation of politics… strikes at the very root of democracy”. 
  • While showing a welcome inclination to not step out of its domain, the SC has asked Parliament to come up with a law to check the criminalisation of politics. 
  • It has also issued a slew of directives to ensure that the voters are aware of the antecedents of candidates. Political parties will have to upload details of criminal cases pending against their candidates on their websites.
  • The candidates will have to furnish such information in their election affidavit and also publish it in a “widely-circulated newspaper”.

Provisions in RPA Act

  • The Representation of the People Act (RPA) does not bar individuals who have criminal cases pending against them from contesting elections. 
  • It does state that an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended. 
  • But in cases on drag the courts for years makes this provision virtually ineffective.
  • Notwithstanding the compelling urgency to decriminalise politics, the SC has always been steadfast that its interventions in the matter should not transgress the principles of separation of powers enshrined in the Constitution. 
  • At the same time, it has been unequivocal that “voters have a right to know about the candidates contesting elections”. 
  • In 2002, in Union of India Vs. Association for Democratic Reforms and Another, the court noted that such information should comprise.
  • The antecedents of the candidate’s life including whether he was involved in a criminal case and if the case is decided.
  • The court’s ruling on Tuesday not only affirms such observations, it also underscores its dissatisfaction with the RP Act. 
  • The time has come for a law against criminalisation of politics. The nation eagerly waits for such legislation,” the bench observed. The ball is now in the executive’s court.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  Which of the following are classified as Electoral Offences under Representation of People Act 1951?
1. Promoting enmity between communities on the basis of religion, class, caste etc.
2. Publishing Exit polls during conduct of elections.
3. Filing false affidavits.
Select the correct answer using the code given below.
(a) 1 and 3 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer:  D

UPSC Mains Questions:
Q.1)  Why India needs decriminalization in Indian political system? 
 

THE GIST of Editorial for UPSC Exams : 26 September 2018 (Editing our genes)


Editing our genes


Mains Paper: 3 | Science and Technology 
Prelims level: RNA sequences
Mains level: Bioethicists fear abuse of gene editing by governments and the private sector 

Introduction 

  • American biochemist Jennifer Doudna, one of the pioneers of the gene editing tool Crispr-Cas9, woke up in a cold sweat after she dreamt of Adolf Hitler.
  • He was wearing a pig mask, and wanted to understand the tool’s uses and implications. 
  • Crispr, an acronym for Clustered Regularly Interspaced Short Palindromic Repeats, harnesses the natural defence mechanisms of bacteria to alter an organism’s genetic code.
  • It’s likened to a pair of molecular scissors, a cut-and-paste technology, that can snip the two DNA strands at a specific location and modify gene function. 
  • The cutting is done by enzymes like Cas9, guided by pre-designed RNA sequences, which ensure that the targeted section of the genome is edited out.
  • The elegance of this editing tool has transformed medical research.

Can a faulty gene be deleted or corrected at the embryonic stage?

  • Researchers in China used a variation of Crispr. Instead of snipping strands, they swapped DNA letters to correct Marfan Syndrome.
  • In an inherited disorder that affects connective tissue. Huang Xingxu, the lead author of the paper, which was published in Molecular Therapy, said it was done on 18 viable human embryos through in-vitro.
  • Two of the embryos, however, exhibited unintended changes. All were destroyed after the experiment.
  • American biologist Shoukhrat Mitalipov used Crispr to repair a genetic mutation that could cause a deadly heart condition.
  • It was done on embryos in such a way that the faulty gene would not be passed down the family tree. 
  • The findings are the focus of an ongoing debate, with several scientists sceptical of whether the gene was corrected. Can accuracy be guaranteed in early stage embryos?
  • Bioethicists expressed concern over the clinical application of such research. Can we  and should we control or dictate evolution? 
  • These are still early days in a new frontier of genome engineering. Researchers are only beginning to understand the power and fallout of gene editing.

Analysing the recent studies 

  • Studies have shown that edited cells can lack a cancer suppressing protein. 
  • As our understanding grows, we will have the potential to edit out genes that cause fatal diseases. 
  • They have the potential to use the very same mechanisms to edit out undesirable traits in human beings.
  • This raises the spectre of eugenics.
  • Bioethicists fear abuse of gene editing, not just by misguided governments hoping to create a ‘superior’ race, but also by the private sector preying on a parent’s desire to create a perfect child.
  • For now, it remains a distant prospect, but silencing science or hijacking the debate is not the answer. 
  • The burden of this knowledge cannot be borne by science alone.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  The term REPAIR, recently seen in news,
(a) it’s a technique to detoxify water by using sunlight
(b) is a DNA editing tool
(c) is the World’s biggest and most powerful icebreaker ship
(d) is a RNA editing tool
Answer:  D

UPSC Mains Questions:
Q.1)  Can a faulty gene be deleted or corrected at the embryonic stage?  

THE GIST of Editorial for UPSC Exams : 26 September 2018 (The Male message)


The Male message


Mains Paper: 2 | India and its neighbourhood relation 
Prelims level: Maldives Election 
Mains level: How Maldives election is important for India?  

Context 

  • The victory of the joint Opposition candidate, Ibrahim Mohamed Solih the democratic instinct of this small Indian Ocean island is alive and well.
  • The election was held in contentious circumstances.
  • Yameen had imposed an Emergency earlier in the year and jailed opposition leaders and judges.

Important highlights of this election event 

  • The MDP offices in Male were raided the night before voting day on September 23.
  • The run up was full of allegations that Yameen, would rig the election.
  • In the end, nearly 90 per cent of the over 2.6 lakh registered voters turned out, and Solih won decisively with 58.34 per cent of the vote, to Yameen’s 41.66 per cent.
  • Assuming Male is all set for a smooth transition, for India, whose relations with Yameen had been strained for years over an opportunity for a fresh start on bilateral ties.
  • The mistake that India has made with each of its neighbours, and should desist from repeating.
  • If India desires influence in its neighbourhood, it must earn it through the hard slog of smart diplomacy, not demand it as a right of geography.
  • New Delhi should plan a visit by Prime Minister Narendra Modi to the Maldives, the only country in the neighbourhood that he has not visited.

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

UPSC Prelims Questions: 

Q.1)  Indian armed forces conducted Operation Cactus in order to
(a) Save the Maldives government from a coup in 1988.
(b) Evacuate stranded Indians from Kuwait during the Iraq invasion in 1990.
(c) Liberate Goa from the Portuguese in 1961.
(d) To end civil war between LTTE and the government in Sri Lanka in 1987
Answer:  A

UPSC Mains Questions:
Q.1)  How Maldives election is important for India?  

(VIDEO) Union on National Issues (राष्ट्रीय मुद्दों पर संघ)- Lok Sabha TV Insight Discussion

(VIDEO) Union on National Issues (राष्ट्रीय मुद्दों पर संघ)- Lok Sabha TV Insight Discussion

Topic of Discussion: Union on National Issues (राष्ट्रीय मुद्दों पर संघ )- Lok Sabha TV Insight Discussion

(VIDEO) Decriminalising Politics : Rajya Sabha TV Big Picture Debate

(VIDEO) Decriminalising Politics : Rajya Sabha TV Big Picture Debate

Topic of Discussion: Decriminalising Politics : Rajya Sabha TV Big Picture Debate

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