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THE GIST of Editorial for UPSC Exams : 14 July 2020 Gains from rains: on monsoon performance (The Hindu)



Gains from rains: on monsoon performance (The Hindu)


Mains Paper 1: Geography 
Prelims level: India Meteorological Department
Mains level: Important Geophysical phenomena

Context: 

  • As of the most recent data available from the India Meteorological Department (IMD), rainfall during the season has been 14% more than what is usual for this period. 
  • The month of June only accounts for about 17% of the monsoon rainfall spanning June-September. 
  • It is the month during which the monsoon sets in and that process can sometimes be delayed for as much as a week. 

Two branches:

  • June is also when the monsoon begins its journey from two extremities of the country. 
  • One branch starts its journey northwards from Kerala and the other wing — called the Bay of Bengal branch — enters India from the southeast. 
  • Both branches eventually converge in the north and usually, this merging and strengthening of the monsoon currents over the mainland takes at least until July 15. 
  • The IMD never forecasts the possible rainfall likely during June because of the vagaries involved in onset and the pace of the journey. 
  • This year, two significant things happened. 
  • The monsoon set in at a textbook date of June 1. 
  • This was even after concerns that Cyclone Amphan that had ravaged West Bengal would delay the monsoon’s entry into India from the Andaman Sea. 
  • The second factor was the record pace at which the monsoon covered the country. 
  • Along with the monsoon onset this year, the IMD announced a revision to the onset and withdrawal dates across several cities. 
  • According to this, the monsoon covered India’s northern and western borders no later than July 8 as opposed to the previous historical date of July 15. 
  • This year, however, the monsoon broke even this speed limit and covered the country by June 25 — at a pace that was unprecedented since 2013.

Signalling farmers:

  • The net result of all this: more rainy days in June and a fairly even distribution across the country. 
  • The IMD’s records show that only on four days in that month did daily rainfall drop below its historical normal. 
  • Except for northwest India, which is staring at a 3% deficit, the rainfall in east, south and central India has posted surpluses of 13%-20%. 
  • While good rains in June signal farmers to prepare the soil and sow kharif crop, the most important months are July and August. 
  • These two months account for two-thirds of the monsoon rain. This is also the time the monsoon goes into so-called ‘break’ conditions. 

Breaks:

  • Prolonged breaks, or an absence of rainfall, can even lead to drought. 
  • In spite of significant improvements in data gathering and technological advancement, meteorological agencies cannot yet reliably forecast the advent of a break or how long it can last. 
  • What is critical is that ‘normal rains’ also obscurethe possibility of heavy rains or severe droughts in districts or over larger areas. 
  • Therefore, short and medium range forecasts need to be strengthened and effectively communicated to the people.

Conclusion:

Prelims Questions:

Q.1) With reference to the Sports, consider the following statements:

1. Foreign and Indian coaches for training Indian Athletes will now have a four-year contract in alignment with the Olympic cycle. 
2. The 4-year contract of coaches will be given on the basis of the performance of a coach and recommendation from the respective National Sports Federation (NSFs). 

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: C

Mains Questions:

Q.1) Highlights the nature of Indian Monsoon phenomenon. What is the role of monsoon on the Indian economy?

UPSC Mains Law Paper Topic : Peaceful Settlement of Disputes– different modes

UPSC Mains Law Paper Topic : Peaceful Settlement of
Disputes– different modes

  1. “Arbitration is essentially a consensual procedure.” Distinguish arbitration with the other methods of peaceful settlement. (94/I/5d/20)
  2. Write short note : Peaceful settlement of international disputes (98/I/8a/20)
  3. Discuss the recognised procedure, with special reference to the Hague Convention, for peaceful settlement of international disputes. How can the arbitral award be enforced against a state refusing to submit to it? (00/I/6b/30)
  4. What are the methods of settlement of disputes under International Law? Can use of force be one of the methods? Discuss. (02/I/8b/30)
  5. Explain the forcible methods of settlement of international disputes. (04/I/5c/20)
  6. “Arbitration is the most efficacious mode of settlement of international disputes.” Elucidate. Discuss the advantages and disadvantages of arbitration as a method of settling international disputes. (06/I/7a/30)
  7. Define and distinguish between ‘arbitration’ and ‘judicial settlement’ in the context of the rules of International Law. Also mention the relevant provisions regarding ‘forum prorogatum’. (09/I/5a/20)
  8. The Arbitration Commission of European Conference on Yugoslavia emphasized in opinion no. 2 that “it is well established that whatever the  circumstances, the right to self- determination must not involve change  to existing frontiers at the time of independence (Uti possidetis juris) except where the states concerned agree otherwise.” (13/I/5d/10)

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UPSC Mains Law Paper Topic : United Nations : Its principal organs, powers and functions and reform

UPSC Mains Law Paper Topic : United Nations : Its principal organs,
powers and functions and reform

  1. Write short note: Domestic jurisdiction of States. (94/I/8a/20)
  2. “Although the primary responsibility for the maintenance of peace and security belongs to the Security Council, the General Assembly is given in this connection certain facultative or permissive powers of consideration and recommendation.” Highlight the developments that equipped the General Assembly with a leading role on the question of international peace and security. (95/I/6b/30)
  3. Write short note : Nicaragua Vs U.S.A. -  case concerning military and para- military activities in and around  Nicaragua-1986 I.C.J. Reports (96/I/8c/20) 
  4. Write short note : Optional clause (96/I/8b/20)
  5. Discuss with the help of suitable illustrations the productive and creative role played by the United Nations in shaping, developing and extending the normative content of contemporary international law. (96/I/5b/20)
  6. Write short note : Advisory opinion of International Court of Justice on Western Sahara I.C.J. 1975 p 12. (97/I/8b/20)
  7. Write short note : Legal significance of the Resolutions of the General Assembly. (97/I/8a/20)
  8. “The United Nations is primarily an organisation for maintaining peace and security.” Discuss. (98/I/5a/20)
  9. “The power of veto has paralysed the Security Council.” Do you agree with this view? Give reasons. (00/I/5d/20)
  10. Is the provision of the I.C.J. pertaining  45 (Main) Law—Topic Wise Paper to the appointment of ‘National Judges’ belonging to the nationality of parties to a dispute, proper in the interest of justice? How are judgements of the courts enforced? Explain.  (00/I/5b/20)
  11. Do you agree with the view that voting procedure stated in Article 27 of the UN Charter has destroyed the efficiency of the Security Council? Discuss. (01/I/5b/20)
  12. Spell out the composition, functions and objectives of the I.L.L. How is the International Labour Code adopted by nations? What is the effect of this code on India’s Labour Laws? (02/I/8a/30)
  13. “The term ‘general principles of law recognised by civilized nation’ is very wide and vague”. Comment in the context of Article 38(i)(c) of the Statute of the ICJ. (03/I/5c/20)
  14. “The General Assembly has become more powerful than the Security Council of the United Nations.” Do you agree with this view? Give reasons. (04/I/5b/20)
  15. Discuss the jurisdiction of International Court of Justice. Who will decide as to whether the Court has jurisdiction or not? (04/I/8a/30)
  16. Critically examine the provisions of the United Nations Charter which enables the United Nations to perform its primary role of peace keeping. Does the Charter require any reform in this respect? (05/I/8a/30)
  17. “The establishment of compulsory jurisdiction of the International Court of Justice is essential for the maintenance of international peace and security.” Comment. Why are countries generally reluctant to accept the compulsory jurisdiction of the Court?  (06/I/ 6a/ 30)
  18. How does the ICJ get jurisdiction over contentious disputes? Can a state be compelled to submit its dispute with another sovereign state without its consent? (07/I/5c/20)
  19. Discuss the powers of the Security Council to investigate any ‘dispute’ or ‘situation’ inimical to international peace and security. (07/I/7b/30)
  20. Would you support the idea of the general review of the United Nations Charter? Give reasons. Also give your opinion about the continuity of the ‘Veto System’. What is the stand of India in these respects? (09/I/7a/30)
  21. Normally the States are reluctant to resort to the International Court of Justice mainly due to political factor; the general conditions of international relations; the greater suitability of other tribunals; a flexibility of arbitration in comparison jurisdiction and difficulty in getting enforcement of the decisions of the court. However, the court has made a reasonable contribution in settling disputes.
  22. ‘The United Nations is capable of legal development in accordance with the needs and circumstances. The Uniting for Peace Resolution, 1950 is its example.’ Discuss the validity of this resolution. (11/I/5b/30)
  23. The concepts of ‘necessity’ and  ‘proportionality’ are the heart of self- defence in International Law. Explain,  the light of UN Charter and recent trend of extending these to ‘pre-emptive’ or ‘anticipatory’ self-defence due to ‘the imminence of attacks and advancement in armaments’. (13/I/7a/25)

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Public Administration Mains 2019 : Solved Paper-2 (Question: 2)

Public Administration Mains 2019 : Solved Paper Question Paper-2 (Question-2)

SECTION-A

Q1. Article 356 acts, “very much like the proverbial bolt from the blue…. without giving an opportunity or notices to the State Government to correct its alleged shortcoming”. This phenomenon not only undermines the autonomy of the State Government, but also demeans the statue of the President of India. Critically analyze. 20 Marks

ANSWER: “K. T. Shah remarks that, “it was a chapter of reaction and retrogression. ... H.V. Kamath had observed: “We are laying the foundation of a totalitarian state, a police state. Article 356 acts “very much like the proverbial bolt from the blue... without giving them an opportunity or notice of correcting their alleged shortcomings.
Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the government of a State cannot be carried on in accordance with the provisions of the Constitution. Under our Constitution, the power is really that of the Union Council of Ministers with the Prime Minister at its head. The satisfaction contemplated by the article is subjective in nature.
If the court strikes down the proclamation, it has the power to restore the dismissed government to office and revive and reactivate the Legislative Assembly wherever it may have been dissolved or kept under suspension. In such a case, the court has the power to declare that acts done, orders passed and laws made during the period the proclamation was in force shall remain unaffected and be treated as valid. Such declaration, however, shall not preclude the government/Legislative Assembly or other competent authority to review, repeal or modify such acts, orders and laws. 
    
 The Constitution of India has created a federation but with a bias in favour of the center. Within the sphere allotted to the States, they are supreme.

(b) Public Sector Undertaking were expected to take the Indian economy to the “commanding heights” instead the successive governments have been pushing for disinvestment. Critically examine how the scenario has changed over the years. 20 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(c) Emerging developmental aspirations of the society necessitate the constitutional amendment to change the present safeguards available to the civil servants. Evaluate the pros and cons of such amendment. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

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Public Administration Mains 2019 : Solved Paper-2 (Question: 1)

Public Administration Mains 2019 : Solved Paper Question Paper-2 (Question-1)

SECTION-A

Q1. Answers the following in about 150 words each: 10 x 5 = 50 Marks    
(a) In the text of Arthashastra, ‘the state is neither a police State nor merely a tax gathering State’. Comment. 10 Mark

ANSWER: “In the happiness of his (king’s) subjects lies his happiness, in their welfare, his welfare”. To Kautilya, the state was to promote the economic welfare of the people and fully regulate its economic life. The state had to give subsidies for the development of trade; agriculture/ irrigation, mines, cattle welfare etc.

According to him, there are guiding principles for the state, first, the state should undertake those industries which help directly in making the nation self-sufficient and self-reliant, and e.g., gold, silver, diamonds and iron and other metals should be in the charge of the state. Secondly, the activities related to farming, spinning and weaving, arts and crafts should be left to the individuals and the right of the ownership should be recognised.In addition to the above function, the State regulated the wages and working condition of workers, and helped the farmers in times of calamities.

(b) The economic reforms have significantly infringed the basic values and spirits of the Indian Constitution. Examine. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(c) Macaulay’s ideas on Indian Civil Service Corresponded to the elite theory of bureaucracy, which continue to persist. Do you agree? Justify. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(d) There has been an opinion that the ethos of Indian Judicial System continue to be colonial. Suggest measures for raising the level of judicial excellence for achieving speedy justices. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(e) Various commissions have reiterated the crucial role of the Governor in Indian system of governance, but the successive governments have not heeded to make Governor’s office apolitical. Examine with example. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

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THE GIST of Editorial for UPSC Exams : 13 July 2020 Agriculture has emerged as the bright spot in a gloomy economy



Agriculture has emerged as the bright spot in a gloomy economy


Mains Paper 3:Economy 
Prelims level: PM Kisan
Mains level: Agriculture sector growth and significance to an economy

Context: 

  • GDP growth this fiscal, agriculture seems to have emerged as a silver lining. 
  • If agriculture growth, at 4 per cent for 2019-20 matched that of the economy, it may well exceed GDP growth this fiscal. Its share in GDP too may rise by a couple of percentage points. 
  • In 2018-19 agriculture has invariably lagged the rest of the economy, growing at about 2-2.5 per cent while the rest of the economy was in the 6-8 per cent growth range. 

Agriculture will work as the primary driver of demand:

  • Other drivers such as trade, transport and communications have been badly hit by the pandemic; their growth levels, at 2.6 per cent in the fourth quarter of 2019-20 when effects of the lockdown had barely come into effect, could take some time to return to trend levels of 7-8 per cent. 
  • The same holds true for finance and real estate. In this scenario of vulnerability, a normal monsoon has come as a saviour. 
  • Kharif acreages are up 44 per cent at 580 lakh hectares over last year, led by a sharp increase in cultivation of pulses, oilseeds and cereals. 
  • Tractor sales went up by 52 per cent in June, while fertiliser offtake is reported to have doubled over last year. 
  • An increase in demand for cement too points to rural optimism. FMCG majors catering to rural markets are reporting high capacity utilisation.

Policy steps to show positive effects:

  • Open ended wheat procurement of about 38 million tonnes so far, the highest in recent years, provided farmers particularly in Punjab and Haryana with cash to prepare for the next crop.
  • As for the other States, cash transfers under PM Kisan as well as the PM Garib Kalyan Yojana, besides higher MGNREGA wages and outlays, may have helped in preparing for the kharif crop as well as managing the return of migrants. 
  • The fact that 63 lakh SHGs can access collateral-free loans up to ₹20 lakh, against ₹10 lakh earlier, can make a difference to the lives of millions of women and their households. 
  • In this ambience, it will not be surprising if some of the migrants prefer to stay back and use their urban skills to good effect in the rural economy.

Way forward:

Prelims Questions:

Q.1) With reference to the Seabed 2030 Project, consider the following statements:

1. The project was launched at the United Nations (UN) Ocean Conference in 2017.
2. It is a collaborative project between the NASA and ISRO. 

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

Mains Questions:

Q.1) Do you think the agriculture will work as the primary driver of demand?How a combination of policy steps has begun to show positive effects in this sector

THE GIST of Editorial for UPSC Exams : 13 July 2020 Hardly smart about urban health care



Hardly smart about urban health care


Mains Paper 2:Health 
Prelims level: Smart Cities Mission
Mains level: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Context: 

  • The novel coronavirus pandemic has largely been an urban crisis so far, with megacities such as Delhi, Mumbai, Bengaluru and Chennai accounting for most of the COVID-19 positive cases. 
  • Indian cities are not only facing a public health crisis but also a larger emergency of economic issues and livelihoods. 
  • A high percentage of urban residents have lost employment during the lockdown and continue to face an uncertain future. 
  • So, are Indian cities equipped to deal with the pandemic and its aftermath?

Still an urban dream:

  • Over the last decade-and-a-half, cities have started receiving more policy attention from the government, with dedicated national-level programmes on urban development. 
  • The ‘Smart Cities Mission’, a flagship programme of the Narendra Modi-led National Democratic Alliance (NDA) government, completed five years, in June 2020. 
  • The Mission had sought to make 100 selected cities “smart”, primarily through an “Area-Based Development” model under which a small portion of the city would be upgraded by retrofitting or redevelopment.

A blind spot

  • Most of these Smart Cities are now reeling under the devastation caused by COVID-19. 
  • Some cities have been using the Integrated Command and Control Centres created under the ‘Smart Cities Mission’ as “war rooms” for monitoring real time data regarding the spread of the virus. However, tackling the larger public health and economic fallout remains a more difficult challenge. 

Smart Cities Mission

  • The ‘Smart Cities Mission’ has given short shrift to basic services such as public health. An analysis of the smart city projects under the Mission shows that only 69 of over 5,000 projects undertaken under the Mission were for health infrastructure. 
  • These projects are for an estimated cost of ₹2,112 crore, amounting to just around one per cent of the total mission cost. 
  • Hence, public health seems to be a major blind spot in India’s smart city dreams.
  • While one could argue that health infrastructure is not a core element of a “smart” city, the ‘Smart Cities Mission’ was never focused merely on technology; it had the stated aim of improving the quality of life of urban residents. 
  • As per the 12th Schedule of the Constitution, introduced by the 74th Amendment, “public health” is one of the 18 functions that are to be devolved to the municipalities. 
  • However, public health infrastructure of cities has often been neglected over the years and new programmes such as the ‘Smart Cities Mission’ have further driven local governments away from their core responsibilities. 

Strengthening local capacities

  • The COVID-19 crisis has exposed the weaknesses in the institutional and human capacity of Indian cities to handle a public health emergency. 
  • Despite the renewed policy focus on cities, India’s urban local bodies continue to be financially and administratively weak and heavily understaffed. There is also high level of vacancy of Accredited Social Health Activist (ASHA) workers, the frontline public health workers carrying out contact tracing, in urban areas, especially in COVID-19 hotspot cities such as Mumbai. 
  • The relative success of Kerala in containing the pandemic has shown how a decentralised political and administrative system with strong local governments and high investment in local public health care can be effective. 
  • In the absence of such participative local government institutions, authorities in some cities have roped in resident welfare associations to monitor COVID-19 cases. 
  • In this process, resident welfare associations have become emboldened and are often imposing draconian rules as they exercise a form of private authoritarianism in their neighbourhoods. 
  • To tackle the COVID-19 crisis, it is important to strengthen local government capacities, invest heavily in urban public health systems, and promote programmes that improve the livelihoods of urban vulnerable communities. 
  • The ‘Smart Cities Mission’, with its skewed priorities and parallel governance structures of Special Purpose Vehicles, offers little hope in this regard. 
  • Instead, programmes such as the National Urban Livelihoods Mission and National Urban Health Mission, which have lately received limited focus and resources, need to be strengthened. 

Think jobs too:

  • Further, it is time to consider the introduction of a national urban employment guarantee programme that assures jobs for urban residents and strengthens the capacities of urban local bodies. 
  • Kerala has been running such a scheme since 2010 and States such as Odisha, Himachal Pradesh and Jharkhand have also recently launched similar initiatives in the wake of the COVID-19 crisis. 

Conclusion:

Prelims Questions:

Q.1) With reference to the Desert Locust situations according to Food and Agriculture Organization (FAO), consider the following statements:

1. An outbreak occurs when locusts rapidly increase in number and form groups, bands and swarms in an area of about 50 km by 50 km in one part of a country.
2. An upsurge usually occurs when locusts are able to breed uncontrolled for several successive seasons.

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: C

Mains Questions:

Q.1) What are the loopholes in the handling of the pandemic? How urban health care still needs to be focused upon? Comment. 

THE GIST of Editorial for UPSC Exams : 13 July 2020 Sure power: On India’s solar strategy



Sure power: On India’s solar strategy


Mains Paper 2:Governance 
Prelims level: 750 MW photovoltaic project at Rewa
Mains level: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Context: 

  • Prime Minister Narendra Modi’s stated resolve to tap the energy of the sun to substantially power the economy and everyday life is to be welcomed, because it could help chart a green deal for the future. 
  • He restated the case for greater reliance on solar power, for energy and as a path for self-reliant industrialisation, at the inauguration of a 750 MW photovoltaic project at Rewa, in Madhya Pradesh last week. 

Require an aggressive policy:

  • As he would recognise, the idea of building a domestic solar manufacturing industry that delivers increasing volumes of quality photovoltaic cells, modules and associated equipment is long in the tooth. 
  • India’s installed base of this green power source is about 35 gigawatts (GW), and its projected addition of capacity until 2024 in a COVID-19 affected future is estimated by the industry to be of the order of 50 GW. 
  • Viewed against the goals set five years ago for the Paris Agreement on climate, of installing 100 GW of solar power by 2022, there could be a sharp deficit.
  • Combined with low domestic cell manufacturing capacity at 3.1 GW last year, and heavy reliance on China, high ambition must now be supported by aggressive official policy. 
  • The Chinese story is one of a steady rise from insignificant manufacturing capability in the 1990s to virtual dominance at present.
  • They dominated through active government support in identifying and acquiring top technologies globally, importing critical raw materials such as polysilicon, acquiring solar manufacturers abroad, and investing in third countries with ready capability. 
  • Importantly, the domestic market was treated with great importance while promoting exports.

Presenting an opportunity for India: 

  • The pandemic presents a critical opportunity for India to plan a green deal, on the lines of what the EU has committed itself to: that future growth and employment should align itself to environmental and sustainability objectives, particularly in energy production, away from dirty fuels such as coal. 
  • There is no better time than now to make solar energy a strategic sector, giving it as much importance as defence. 
  • As the architect of the International Solar Alliance, which attracted about 120 nations at its launch, India needs to show leadership to advance the manufacture and absorption of solar photovoltaic infrastructure in low- and middle-income countries.
  • The key requirements are integrated policies fully supported by States. Industry must get help to set up facilities and avail low cost financing — both important elements in China’s rise — and be able to invest in intellectual property. 
  • A forward-looking programme should also look at emerging trends in deploying solar innovatively. 
  • These include newer technologies such as aesthetic photovoltaic window and roof tiles for buildings, multi-role urban structures, and greater use of residential and commercial buildings to deploy more panels. 

Conclusion:

Prelims Questions:

Q.1) With reference to the Moon’s subsurface, consider the following statements:

1. Recently European Space Agency’s Lunar Reconnaissance Orbiter (LRO) spacecraft had found evidence that the Moon’s subsurface might have greater quantities of metals such as iron and titanium than thought before. 
2. The LRO’s Mini-RF instrument was measuring an electrical property within lunar soil in crater floors in the Moon’s northern hemisphere.

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: B

Mains Questions:

Q.1) How the pandemic presents a critical opportunity for India to plan a green energy deal? Comment. 

THE GIST of Editorial for UPSC Exams : 13 July 2020 Fix the yawning edtech gap



Fix the yawning edtech gap


Mains Paper 2:National 
Prelims level: Edtech gap
Mains level: Online education possibilities and problems 

Context: 

  • The education sector has been acutely affected by Covid-19, and the UNESCO reported that the lockdown impacted over 300 million students. Unable to host physical classes, most schools shifted to virtual learning methods. 
  • There are numerous benefits of virtual classes, such as continuity of education, flexibility and remote access. 
  • However, when you consider the fact that not everyone is equipped with the technology required to capitalise on online education, the inequities of this method become apparent. 
  • This new system of education has been difficult for many students, in particular those from disadvantaged backgrounds.

Reasons behind difficulties:

  • It’s given the lack of access to the internet for most households in India, traditional learning in schools and classrooms has a far broader scope than web-based learning. 
  • Though a 2018 Pew Survey stated that around 64% Indian households have mobile phones, online education requires internet-enabled smartphones, which the aforementioned survey suggested less than a quarter of Indians had access to. 
  • Access to laptops and tablets is even more uncommon. 
  • Even with households that have mobile equipment, it is primarily the elders who use it. 
  • Therefore, the younger members (often students) have to rely on sharing these devices, and as those with these devices are out to earn a living, the mobile equipment is unavailable. This severely disrupts remote learning.
  • In addition to a lack of access to smartphones or e-learning devices for many students, there is another problem that causes inequity—despite various government initiatives, nearly 50% of the country does not have access to the internet. 
  • Therefore, disadvantaged communities from rural and urban areas not only have to depend on public Wi-Fi access to a large extent, but also have to deal with the volatility of weak internet connection due to dated broadband services. 
  • Uninterrupted, reliable internet access, an integral element of effective online education, is still a luxury.

Provision of online education:

  • Communities with lesser disposable income often send their children to government schools, which often do not have the finances or infrastructure to support virtual learning. 
  • Even with adequate funds, online education also requires innovative pedagogical methods and a comprehensive understanding of e-learning tools such as Zoom, Notepad, etc, which most teachers are not sufficiently trained for and may not even have access to.
  • Most potential solutions for reducing these inequities depend largely on significant investments by the government in education technology, especially after this pandemic. Other than improving internet access, there needs to be appropriate training and infrastructure available for teachers so that this new form of e-learning is efficient, engaging and impactful.
  • With education moving online, it is crucial that universal digital literacy becomes a priority at the grass-roots and the national level. 
  • According to a Digital Empowerment Foundation study, digital literacy is almost non-existent for over 90% of the rural Indian population. 
  • If digital literacy is acclerated, especially in remote areas and among disadvantaged sections in urban areas, students from these communities can capitalise on online education, and overcome inequities surrounding it.

Way forward:

  • We live in the digital age, and online education is now more important than ever. The internet, once a luxury, should now be considered a basic right.
  • There is a great opportunity for corporations to step in and play a role in improving digital access. While inequities will continue to persist, both in and outside the classroom, we must strive to bridge these gaps. 
  • The youth are the future, and they deserve a wholesome education, unless we wish for them to enter a dark future, riddled with inequalities stemming from the inequities of online education.

Conclusion:

Prelims Questions:

Q.1) With reference to the Kawasaki disease, consider the following statements:

1. Kawasaki disease affects only adults. 
2. Its symptoms include red eyes, rashes, and a swollen tongue with reddened lips and an inflamed blood vessel system all over the body.

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: B

Mains Questions:

Q.1) What are the main problemsbehind providing online education for the disadvantaged students? What are the steps needed to remove such inequalities to foster future of the online education?

THE GIST of Editorial for UPSC Exams : 13 July 2020 Get industrial policy right to take on China



Get industrial policy right to take on China


Mains Paper 2:International 
Prelims level: Proposed policy
Mains level: Comparison of trade deficit between India and China

Context: 

  • India’s approach to development in the last 2-3 decades has been service sector-led and has undermined manufacturing; at the same time, China has made rapid strides in manufacturing. 

Uneven balance between the two in their development stages:

  • China has developed capacities across a wide spectrum in applied engineering and chemical processes and has attempted to capture global markets. 
  • India on the other hand is stuck with various low-end services, many of which are of “body-shopping”, the scope for which is rapidly declining. 
  • It has begun to lose abilities in manufacturing, even in fields where it still has some presence, e.g., pharmaceuticals (68% dependence on China, for active ingredients) and auto-industry (15-20% dependence on China for electricals, electronics and fuel injection), to name two. 
  • The list of items on which India depends on Chinese imports include solar panels, metal-ware, cloth-ware, industrial machinery, a range of consumer electronics like mobile phones and TVs, and even low-end products like furniture, kitchenware, toys, kites or incense.

Reasons behind the trade deficit between two countries: 

  • Most Indian exports are raw materials or in that genre (low-tech and low employment, like ores, rare earths, chemicals), while the imports are in manufacturing (high-tech). Such a trade pattern inevitably results in unequal terms of trade in time. 
  • Even in areas where India has some competence, critical inputs are imported from China. 
  • A sustained current account deficit has led India to multilaterals for loans even for undertaking earthworks, and then use the foreign exchange to balance the current account. 
  • Since most multilaterals require global tendering for awarding contracts, Chinese companies creep-in through (at times) questionable routes to dig tunnels or make railroads in India, making Indian industries functionally further unfit. 
  • India is thus progressively exporting meaningful jobs to China, draining precious foreign exchange, and losing prowess in modern technologies and manufacturing.

Five components of a proposed policy:

  • Government and industry need to work closely and create mutual trust for promoting industries through tariffs, subsidies, land and labour law easing, infrastructure, etc. Like the MITI of yesteryears in Japan or South Korea more recently, the government must help national companies to grow and become internationally competitive. That is what China did.
  • Approaches to gain economies of scale need to be put in place to overcome India’s shortcoming of having 66 million MSMEs. A “one-state/district-one product approach” can bring together SMEs to form a single giant unit. Again, the state needs to initiate this process by means of planning.
  • Need to invest heavily in targeted research and development, for which private-public sector partnership is essential. Indian government and defence labs along with research and development Departments of private and public sectors require joining hands for this. Expenditure on research and development should rise 3-4 times from 0.7% of GDP at present.
  • Investment in education, training, and human capital formation should rise from the current 3% to 6% of GDP, with greater industry-based training, focus on quality, and emphasis on STEM.
  • Contain brain-drain out of India (from top engineering and medical colleges) to foreign shores. Partnerships with the best universities in the West is one approach to provide quality education here.

Conclusion:

Prelims Questions:

Q.1) With reference to the mobile app ‘Elyments’, consider the following statements:

1. It is a new social media platform under Aatmanirbhar Bharat campaign.
2. The app is available in eight different regional languages.

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: C

Mains Questions:

Q.1) Highlights the reasons behind trade deficit between India and China. Also highlights the five components of a proposed policy to tackle these issues. 

UPSC Mains Law Paper Topic : Treaties : Formation, application, termination and reservation

UPSC Mains Law Paper Topic:  Treaties : Formation, application,
termination and reservation

  1. Write short note : Jus cogens. (93/I/8d/20)
  2. A treaty between United States and Switzerland was signed in 1850 providing for inheritance rights to aliens. The treaty was ratified by the United States only is 1855. The Swiss heirs of a former Swiss who was naturalised in the United State and died in the 1853 sued for inheritance of the property. Decide. (93/I/ 7a/ 30)
  3. Write short note : Reservation in a treaty. (94/I/8b/20)
  4. Write short note: Rebus sic Stantibus in the Vienna Convertion 1969 on the Law of Treaties (96/I/8d/20)
  5. “A provision of treaty may sometime generate a rule of customary international law.” Discuss. (96/I/5a/20)
  6. Can a state invoke non-compliance with its domestic constitutional law as a ground for invalidating its consent to be bound by a treaty and if so when? (97/I/5d/20)
  7. “Before a usage may be considered as amounting to a customary rule of international law, the material and psychological aspects involved in the formation of the customary rule must be established.” Discuss. (97/I/5a/20)
  8. Assume that as part of continuing bilateral treaty making with its neighbours, India agrees to cede certain parts of its territory to Pakistan and to lease certain parts to Bangladesh. How should these agreements be ratified to be binding under international law? (01/I/6b/30)
  9. The principle ‘Pacta sunt servanda’ has long been recognised as a fundamental principle of International Law, which makes the treaty binding upon the parties to it, and must be performed by them in good faith (Vienna Convention). Explain. (03/I/6a/20)
  10. Explain ‘Jus cogens’. Examine critically the Articles on ‘Jus cogens’ in the Vienna Convention. (04/I/6b/30)
  11. Write a critical note on the provisions of the Vienna Convention on the Law of Treaties, relating to the grounds of invalidity, termination and suspension of the operation of treaties. (05/I/6b/30)
  12. “In the eyes of International Law treaties are meant to be kept. Their obligation is perpetual.” Comment. (06/I/5c/20)
  13. Explain the doctrine of ‘Pacta sunt servanda’. What are the exceptions to the above doctrine? (07/I/5b/20)
  14. Write explanatory note : Jus Cogens (07/I/8c/20)
  15. Explain critically the principle of ‘jus cogens’. Distinguish between ‘Equal Treaties’ and ‘Unequal Treaties’. Give examples and also discuss the salient features of Vienna Convention on the Law of Treaties. (09/I/7b/30)
  16. A reservation, which purports to exclude or to modify the legal effects of certain provisions of the treaty in their application to that State, is accepted in practice, if it is compatible with object and purpose of the treaty. Discuss the practice of defferent nations and opinion of ICJ regarding admissibility of reservations to the conventions. (Main) Law—Topic Wise Paper 44 (10/I/5d/20)
  17. “The principle of State being obliged to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” is generally bashed aside by the tendencies of the nation-states of being reticence to submit disputes to independent, impartial adjudication, particularly not accepting in advance the compulsory jurisdiction of an independent judicial body.” Explain the statement with reference at least to one such conflict existing in the world and also prepare a module for promoting negotiations among nations, using new opportunities created by globalisation. (11/I/7a/30)
  18. “Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to extradite in the absence of a treaty. Further, the extradition treaties normally relate only to serious crimes and impose the same obligation on both the parties concerned.” Give your opinion on the correctness of this statement with reference to the existing position under the International Law. Also critically examine this practice in the light of ever increasing individual movements for trade and service to suggest necessary modifications in law. (11/I/7b/30)
  19. While conclusion a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardizing the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement. (13/I/5b/10)

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UPSC Mains Law Paper Topic : Territorial jurisdiction of States, Extradition and Asylum

UPSC Mains Law Paper Topic: Territorial jurisdiction of States,
Extradition and Asylum

  1. Distinguish between territorial asylum and extra territorial asylum. (93/I/6c/20)
  2. “Now the central feature of distinction between occupation and prescription was this, that one act of animus and factum sufficed to complete the legal act disgnated by the term occupation; where upon reseased to be nullius, but the possession which required the factum of physical control to be continuous for a longtime, was the basis of prescription.” O’Connel. Explain and bring out the importance of occupation as a mode of acquisition of territory in international law. (93/I/6a/20)
  3. “Boundaries are one of the most significant manifestations of State territorial sovereignty.” Explain. 41 (Main) Law—Topic Wise Paper (93/I/5c/20)
  4. A municipal court allows extradition of a person who murdered his wife in his country. The same court did not allow extradition of a foreigner who took part in political uprisings in his country. Examine the legal questions involved and bring out the distinction. (93/I/7b/30)
  5. An Australian ship collided with a Cuban vessel on high seas and caused the death of five Cuban officials on board of the Cuban vessel. The Australian captain was prosecuted in Cuban court for manslaughter he challenges the jurisdiction of the Cuban court. Discuss the rules of international law on the question. (93/I/7c/30)
  6. A Chinese warship which passes through the territorial waters of Singapore is damaged by the explosion of mines laid by Singapore there. A naval unit of China sweep the mines of the territorial waters of Singapore without the consent of Singapore. Both China and Singapore complain against the action of the other. Develop the arguments on the basis of which decision can be given by the International Court of Justice. (94/I/7c/20)
  7. X and Y were British subjects who entered in the service of the Chinese Government while they were on board a Chinese warship anchored in the territorial waters of Hong Kong, X killed Y, X is prosecuted for murder before the British local court of Hong Kong. X challenges the jurisdiction of the court to try him. Decide. (95/I/7c/30)
  8. K, a foreign sovereign, assuming a false name enters into a contract of marriage in England with a woman Q- Later K makes a breach of contract. In a suit by Q. K pleads that he being a sovereign is entitled immunity. Discuss the legal questions and decide. (95/I/7b/30)
  9. X, an American citizen published in Texas an article defamatory to a Mexican citizen Y. X was in Mexico on a temporary visit and was arrested by the Mexican government for prosecution. The U.S. government protests against the action of the Mexican government. How will you decide? (96/I/7a/30)
  10. Write short note : Concept of opposability. (97/I/8d/20)
  11. Write short note : Asylum (98/I/8c/20)
  12. A group of people stages demonstration outside the Embassy of a foreign country in New Delhi. Shots were fired from inside the Embassy killing a Police Officer on duty outside to control the demonstrators. The Government of India requests the Foreign State to recall the staff responsible for shooting. Decide. (98/I/7c/20)
  13. On board a Chinese public ship, while is was on high seas, a cabin boy, who was a British national, committed the crime of murder. The Captain of ship ordered the crew to take the ship to the nearby Hong Kong territorial waters. Hong Kong was then a British colony. He took assistance of the Hong Kong authorities and the cabin boy was arrested. There he was tried and in the trial the Chinese authorities fully cooperated. At the end of the trial he was -convicted and sentenced to death. In appeal he contended that the trial court did not have jurisdiction. In his view the public ship of China was like a Chinese floating island and therefore, only a Chinese court had the jurisdiction (Main) Law—Topic Wise Paper 42 and the Hong Kong court could assume jurisdiction only if China waived its immunity and that in the facts of the case China had not done it. Decide giving reasons. (99/I/8c/20)
  14. Rights, privileges, and immunities of diplomatic envoys are primarily based on the need to ensure the efficient performance of the functions of the diplomatic missions, and to a secondary degree that a diplomatic mission personifies the sending State, and not on any theory of exterritoriality. Comment. (99/I/5d/20)
  15. Asylum stops, as it were, where extradition or rendition begins. Comment. (99/I/5b/20)
  16. Write explanatory note : Prevention and punishment of crimes against diplomatic envoys. (00/I/8c/20)
  17. “Every person is subject to the territorial jurisdiction of a state.” Critically examine the statement. (00/I/5c/20)
  18. Write explanatory note : AngloNorwegian Fisheries case and the Straight base-line method.(01/I/8b/20)
  19. A private Korean ship delivered some narcotics and philanthropic drugs to an Indian National near Madras, well within the territorial waters of India. The Indian coastguards came to know about it and chased the Korean ship which started moving in full speed towards Colombo. Before it could be captured by the Indian coastguards, the ship entered the Sri Lankan territorial waters. Indian guards entered the Sri Lankan waters, captured the Korean ship and brought it to Indian. The Sri Lankan Government protested. Discuss the legal position of India under international law in relation to the right of hot pursuit. (01/I/7b/30)
  20. Discuss the principles on which the extradition of a fugitive offender is based. Is a state liable to extradite an offender, who has been accused of a political murder in a neighbouring state? Give reasons. (04/I/6a/30)
  21. What are the conditions for granting asylum in a diplomatic embassy? When is this asylum regarded irregular? Explain with illustrations. (05/I/6a/30)
  22. “Aut dedere aut judicare obligation is a common /feature of the recent antiterrorism conventions.” In the light of this statement explain the rules of International law pertaining to extradition of terrorists. (05/I/5a/20)
  23. Discuss the basis of State jurisdiction. What are the exemptions to the territorial jurisdiction of a State? (06/I/6b/30)
  24. “Asylum ends where extradition begins.” Explain fully. (06/I/5b/20)
  25. Write note on Laws relating to Territorial Waters, Continental Shelf and High Seas. (08/I/8c/20)
  26. Do you find any distinction between the State Liability and State Responsibility under International Law? Critically examine the general principles of State Responsibility in International Law. (08/I/5d/20)
  27. A group of three men (L, M and N) citizens of country A, posing as officers of premier investigating agency of A, rob a huge jewelry shop and then flee away to country, B where they are granted asylum. Government of A, requests B to extradite L, M and N in terms of extradition treaty between them. B declines. A sends spies to B who abduct L, M and N and who produce them before the Court in A. ‘B’ 43 (Main) Law—Topic Wise Paper approaches ICJ against use of force by ‘A’. Prepare (i) A brief of arguments for A, (ii) A brief of argument for B, (iii) Opinion of the Court. (13/I/7b/25)

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UPSC Mains Law Paper Topic : Individuals

UPSC Mains Law Paper Topic : Individuals

  1. Write short note : Methods for the acquisition of nationality with special reference to the implication of the ICJ in Nottebohm case. (93/I/8b/20)
  2. Examine the impact of international conventions on the evolution of human rights jurisprudence. (94/I/6a/30)
  3. “No Constitution can limit sovereignty, which is an attribute of the king in a monarchy, and of the people in a democracy.” Do you agree with the view that the modern developments in international law cast a doubt on this statement. (94/I/5b/20)
  4. “Everyone has the right to a nationality and no one shall be arbitrarily deprived of his nationality.” Discuss. (98/I/5d/20)
  5. “Right to peace and right to development are not human rights in true sense.” Discuss. (98/I/5b/20)
  6. The formulation of binding general rules of international law for the (Main) Law—Topic Wise Paper 40 protection of human rights and fundamental freedoms by adequate machinery for their enforcement still remains more a promise than an achievement. Comment. (99/I/5c/20)
  7. Write explanatory note : Sanctions of International Humanitarian Law. (00/I/8a/20)
  8. Discuss the position of an individual under the European Convention on Human Rights. In what way has the position of an individual been further improved by the convention? Examine in the light of lawless case.(01/I/7a/30)
  9. Discuss the position of “individual” in international law. (03/I/5a/20)
  10. “The authors of the United Nations Charter were the first to regard respect for human rights as an instrument of peace.” Explain the above statement in the light of the provisions of the U.N. Charter relating to the promotion of human rights. (05/I/5b/20)
  11. What is the role of the United Nations in the promotion and protection of Human Rights? How far the Universal Declaration of Human Rights has been successful in creating a human rights culture? (06/I/7b/30)
  12. Write note on Globalisation and Human Rights. (08/I/8a/20)
  13. “A human rights violation is now conceived as a violation not only of those personally and directly aggrieved but of everybody.” Examine critically the above statement with reference to present scenario of our country and rest of the world. (09/I/5c/ 20)
  14. ‘The Universal Declaration of Human Rights is comprehensive and has to some extent affected the content of national laws, being expressly invoked by tribunals, yet it is not a legal instrument and some of its provisions could hardly be said to represent legal rules. Some of its provision either constitute general principles of law or represent element considerations of humanity. Perhaps its greatest significance is that it provides an authoritative guide, produced by the General Assembly, to the interpretation of the provisions in the Charter.’ Comment and discuss the importance of the Universal Declara-tion of Human Rights. (11/I/5b/15)
  15. “State are not under a duty to recognize a nationality acquired by a person who has no genuine link or connection with the naturalizing state.” In the light of above statement, explain the concept of ‘nationality’ and its acquisition with the help of suitable instances. (13/I/5e/10) 

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THE GIST of Editorial for UPSC Exams : 11 July 2020 Cool Roofs and other solutions



Cool Roofs and other solutions


Mains Paper 3:Environment 
Prelims level: cool roofs programme
Mains level: Conservation, environmental pollution and degradation, environmental impact assessment

 Context: 

  • India is among the most rapidly urbanising countries in the world. 
  • In 2018, nearly 34% of the country’s population lived in the cities — this is expected to increase to 40% by 2030, contributing 75% of the GDP. 
  • Driven by growing urbanisation, the real estate sector contributed 6-7% of the GDP in 2017 — will increase to 13% by 2025, notwithstandingtemporary setbacks due to the pandemic.
  • The exponential growth in urbanisation implies using up most of the open spaces in urban and semi-urban areas and creating more of paved surface cover, heat-trapping roofs, buildings and roads. 
  •  Heat island:
  • The term "heat island" describes built up areas that are hotter than nearby rural areas. The annual mean air temperature of a city with 1 million people or more can be 1.8–5.4°F (1–3°C) warmer than its surroundings. 
  • In the evening, the difference can be as high as 22°F (12°C). Heat islands can affect communities by increasing summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas emissions, heat-related illness and mortality, and water pollution.

Buildings- major contributors:

  • Often, buildings are one of the major contributors to incremental heat generation. 
  • More than 60% of the roofs are made of concrete, metal and asbestos, all of which tend to trap heat. 
  • Over time, these hot surfaces worsen the heat island effect and drive temperatures higher. 
  • Further, buildings account for more than 30% of India’s electricity consumption and a significant share of annual carbon dioxide emissions. 
  • It is thus imperative that any effort towards energy conservation must include a focused approach to urban areas and more specifically on buildings and built-up areas.

Mercers quality of living index:

  • Hyderabad has been rated as the best city in India in the Mercers Quality of Living Index for the last six years. 
  • Hyderabad, since the second quarter of 2019, is also the fastest-growing real estate market in the country. 
  • The commercial/institutional office space, which was 100 million square feet in 2015, is likely to double by 2021.

Telangana example:

  • In the short-term, it’s crucial to ascertain how to respond to extreme heat and urbanisation challenges during a major pandemic. 
  • In the medium and long-term, we need proactive pre-disaster actions to reduce risk and to invest in forward-looking plans, policies and programmes to ensure we make the right choices to balance urban growth and sustainable development.
  • In the context of the urban built-up space, there is an opportunity upfront by ensuring the buildings are built smart. 
  • Telangana has taken steps to ensure energy efficiency in its buildings by incorporating the Bureau of Energy Efficiency (BEE)’s Energy Conservation Building Code (ECBC).
  • ECBC sets minimum efficiency standards for all commercial buildings, including categories such as multiplexes, hospitals, hotels and convention centres.
  • This will go a long way in ensuring the environmental footprint of the sector is controlled.
  •  Cool roofs in low cost:
  • Additionally, there exist low-cost solutions to reduce the heat stress in homes and offices and bring down the dependence on air conditioners.
  • Cool roofs, for example, offer a simple and a cost-effective answer to urbanisation challenges. 
  • Cool roofs reflect sunlight and absorb less heat. 
  • Depending on the setting, they can help lower indoor temperatures by 2 to 4 degrees Celsius as compared to traditional roofs. 
  • These roofs also potentially lead to less air pollution since they save energy, especially on cooling appliances, such as fans and air conditioners.

 Telangana cool roofs programme:

  • The Government of Telangana, realising the importance of low-cost cool-roofing technology, has already undertaken several meaningful interventions.
  • Telangana tested these technologies through pilots undertaken in 2017. 
  • As part of the state’s building energy efficiency programme to implement a cool roofs pilot in low-income neighbourhoods to showcase the benefits and impact of cool roofs in the city. 
  • The project focused on a set of 25 low-income households. 
  • Dupont India supplied a high-density polyethylene (HDPE) cool roof coating membrane called Tyvek. 
  • The results found that indoor air temperatures were observed to be lower by an average of 2 degrees Celsius in the homes with cool roofs as compared to similar homes without cool roofs. 
  • Working with knowledge partners, the Telangana Cool Roofs Programme has been designed and is ready for implementation. 
  • The programme is a target-based initiative to increase the percentage of cool roofs in the state. 
  • The programme will aim to install cool roofs in low-income housing and slum communities in the initial years, where the thermal comfort of the occupants is of paramount importance.
  • Commercial buildings are also an important segment, given the rising footprint of the commercial activity in the state. 
  • While cool roofs have already been included in the prescriptive requirements of the state’s energy conservation building code, the government will eventually look to mandate the adoption in the latter years of the programme.

Conclusion:

  • A robust awareness generation and capacity building campaign is also a part of the programme. 
  • While it is important to focus on targets, the realisation of those targets has to be ensured through a well-functioning ecosystem of suppliers and installers.
  • What is required at this stage is large scale marketing of the concept to make builders and owners aware of the advantages in terms of energy and cost savings.

Prelims Questions:

Q.1). With reference to the India’s External Debt at the end of March 2020, consider the following statements:

1. Commercial borrowings remained the largest component of external debt, with a share of 39.4 %, followed by non-resident deposits (23.4 %) and short-term trade credit (18.2 %).
2. US dollar denominated debt continued to be the largest component of India’s external debt. 

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: C

Mains Questions:

Q.1). What is the Mercers quality of living index? What is the significance of the cool roofs programme for sustainable development? 
 

Prelims Questions:

Q.1). With reference to the India’s Balance of Payments during 2019-20, consider the following statements:

1. The Current Account Deficit (CAD) narrowed to 0.9 % of GDP in 2019-20 from 2.1 % in 2018-19. 
2. Net invisible receipts were lower in 2019-20. 

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

Mains Questions:

Q.1). In view of mounting debt due to pandemic, which further widening the fiscal deficit why it is believed that the fiscal council is the need of the hour? Highlights it mandate and various recommendations in this regard.

THE GIST of Editorial for UPSC Exams : 11 July 2020 Do we need a fiscal council?



Do we need a fiscal council?


Mains Paper 3:Economy 
Prelims level: Fiscal Responsibility and Budget Management
Mains level: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment

Context:  

  • The government needs to borrow and spend more now in order to support vulnerable households and engineer economic recovery. 
  • But that will mean a steep rise in debt which will jeopardisemedium-term growth prospects, an issue prominently flagged by all the rating agencies in their recent evaluations. 
  • It is possibly the fear of market penalties that is holding the government back from opening the money spigots(tap).

Enforcing fiscal discipline:

  • Many economists have faulted the government’s fiscal stance, arguing that this is no time for restraint; the government should spend more to stimulate the economy by borrowing as may be necessary.
  • But at the same time come out with a credible plan for fiscal consolidation post-COVID-19 in order to retain market confidence. 
  • But will the market be persuadedby the government’s assurance of future good conduct? 
  • Not necessarily, say the commentators. 
  • The government can signal its virtue by establishing some new institutional mechanism for enforcing fiscal discipline, such as for example a fiscal council. 
  • The suggestion of a fiscal council actually predates the current crisis. 
  • It was first recommended by the Thirteenth Finance Commission and was subsequently endorsed by the Fourteenth Finance Commission and then by the FRBM (Fiscal Responsibility and Budget Management) Review Committee headed by N.K. Singh.

Present in 50 countries:

  • According to the International Monetary Fund (IMF), about 50 countries around the world have established fiscal councils with varying degrees of success. 
  • Fiscal council will be a permanent agency with a mandate to independently assess the government’s fiscal plans and projections against parameters of macroeconomic sustainability, and put out its findings in the public domain. 
  • The expectation is that such an open scrutiny will keep the government on the straight and narrow path of fiscal virtue and hold it to account for any default.
  • Do we really need a fiscal council? Sure, we do have a chronic problem of fiscal irresponsibility, but is a fiscal council the answer? 

Need:

  • Recall that back in 2003 when FRBM was enshrined into law, we thought of that as the magic cure for our fiscal ills. 
  • The FRBM enjoinsthe government to conform to pre-set fiscal targets, and in the event of failure to do so, to explain the reasons for deviation. 
  • The government is also required to submit to Parliament a ‘Fiscal Policy Strategy Statement’ (FPSS) to demonstrate the credibility of its fiscal stance. 
  • Yet, seldom have we heard an in-depth discussion in Parliament on the government’s fiscal stance; in fact the submission of the FPSS often passes off without even much notice. 
  • If the problem clearly is lack of demand for accountability, how will another instrumentality such as a fiscal council for supply of accountability be a solution? 
  • It can be argued that a fiscal council will in fact be a solution because it will give an independent and expert assessment of the government’s fiscal stance, and thereby aid an informed debate in Parliament. 
  • A fair point, but do we need an elaborate permanent body with an extensive mandate for this task?

The council’s mandate:

  • As per that, the fiscal council’s mandate will include, but not be restricted to, making multi-year fiscal projections,
    • preparing fiscal sustainability analysis,
    • providing an independent assessment of the Central government’s fiscal performance and compliance with fiscal rules,
    • recommending suitable changes to fiscal strategy to ensure consistency of theannual financial statement and taking steps to improve quality of fiscal data,
    • producing an annual fiscal strategy report which will be released publicly.

Challenges: 

  • An institutional behemoth with such a wide job chart will likely add more to the noise than to the signal. 
  • For example, the fiscal council will give macroeconomic forecasts which the Finance Ministry is expected to use for the budget, and if the Ministry decides to differ from those estimates, it is required to explain why it has differed. 
  • As of now, both the Central Statistics Office (CSO) and the Reserve Bank of India (RBI) give forecasts of growth and other macroeconomic variables, as do a host of public, private and international agencies. 
  • Why should there be a presumption that the fiscal council’s forecasts are any more credible or robust than others? 
  • Why not leave it to the Finance Ministry to do its homework and defend its numbers rather than forcing it to privilege the estimates of one specific agency? 
  • Besides, forcing the Finance Ministry to use someone else’s estimates will dilute its accountability.
  • If the estimates go awry, it will simply shift the blame to the fiscal council.
  • Another argument made in support of a fiscal council is that in its role as a watchdog, it will prevent the government from gaming the fiscal rules through creative accounting. 
  • But there is already an institutional mechanism by way of the Comptroller and Auditor General (CAG) audit to check that. 
  • If that mechanism has lost its teeth, then fix that rather than create another costly bureaucratic structure.

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Prelims Questions:

Q.1). With reference to the India’s Balance of Payments during 2019-20, consider the following statements:

1. The Current Account Deficit (CAD) narrowed to 0.9 % of GDP in 2019-20 from 2.1 % in 2018-19. 
2. Net invisible receipts were lower in 2019-20. 

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

Mains Questions:

Q.1). In view of mounting debt due to pandemic, which further widening the fiscal deficit why it is believed that the fiscal council is the need of the hour? Highlights it mandate and various recommendations in this regard.

THE GIST of Editorial for UPSC Exams : 11 July 2020 Reform with caution



Reform with caution


 Mains Paper 2:Governance 
Prelims level: Committee for the Reform of Criminal Laws
Mains level: Important aspects of governance, transparency and accountability

 Context: 

  • Home Ministry has formed a ‘Committee for the Reform of Criminal Laws’. 
  • An apparent short time frame and limited scope for public consultation has caused considerable disquiet among jurists, lawyers and those concerned with the state of criminal justice in the country. 

Reforms needed:

  • Few would disagree with the idea that the current laws governing crime, investigation and trial require meaningful reform. 
  • There have been several attempts in recent decades to overhaulthe body of criminal law. 
  • Indian Penal Code of 1860 vintage, the Code of Criminal Procedure that was rewritten in 1973, and the Indian Evidence Act that dates back to 1872 comprises criminal laws.
  • However, comprehensive legal reform is something that requires careful consideration and a good deal of deliberation. 

Criticism:

  • One criticism against the latest Committee is that it has begun its work in the midst of a pandemic. 
  • This may not be the ideal time for wide consultations. 
  • Activists and lawyers functioning in the hinterland may be at a particular disadvantage in formulating their opinions.
  • The panel’s mandate appears quite broad: “to recommend reforms in the criminal laws of the country in a principled, effective, and efficient manner which ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice, dignity and the inherent worth of the individual.” 
  • This is vague and open to multiple interpretations. 
  • It is also not clear why the Law Commission has not been vestedwith this task.

Law Commission of India:

  • Law Commission of India is an executive body established by an order of the Government of India. 
  • Its major function is to work for legal reform. Its membership primarily comprises legal experts, who are entrusted a mandate by the Government.
  • Justice Verma panel recommendations:
  • A three-member commission assigned to review laws for sexual crimes submitted its report to the government.
  • The commission, headed by former Chief Justice of India, Justice JS Verma, has identified "failure of governance" as the root cause for sexual crime. 
  • It has criticised the government, the police and even the public for its apathy, and has recommended dramatic changes.

Wide consensus:

  • The lack of diversity in what is an all-male, Delhi-based committee has also been adversely commented upon. 
  • In 2003, the Justice V.S. Malimath Committee on reforms in the criminal justice system had come up with some far-reaching suggestions, some of which became part of changes in criminal law. 
  • However, it also attracted criticism over the suggestion that the standard of evidence be reduced from “beyond reasonable doubt” to “clear and convincing”. 
  • The Justice Verma panel came up with a comprehensive and progressive report on reforms needed in laws concerning crimes against women in 2013 in barely one month, but its speed was probably due to the limited mandate it had. 
  • If at all criminal law is to be reformed, there should be a genuine attempt to reach a wide consensus.
  • On ways like to speed up trials, protect witnesses, address the travailsof victims, improve investigative mechanisms and, most importantly, eliminate torture- it needs consensus.
  • An impression should not gain ground that wide-ranging changes are sought to be made within a short time frame and based on limited inputs from the public. 

Conclusion:

  • Reform is best achieved through a cautious and inclusive approach.
  • Criminal law reforms should not be made by quick-fire means or without wide consultations.

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Prelims Questions:

Q.1). With reference to the transgenders in armed forces, consider the following statements:

1. The Central Reserve Police Force (CRPF) has recently told the Union Home Ministry (MHA) that it is ready make its force “compatible” for the recruitment of transgender people as officers in their ranks.
2. Supreme Court in 2014 judgment declared transgender people as the Third Gender.

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: C

Mains Questions:

Q.1). Highlights the steps to improve criminal justice system in India. 

THE GIST of Editorial for UPSC Exams : 11 July 2020 Crime as punishment



Crime as punishment


Mains Paper 2:Polity 
Prelims level: Extrajudicial killing
Mains level: Impact of Extrajudicial killing in the system of governance

Context: 

  • The Uttar Pradesh Police’s account of the killing of Kanpur gangster Vikas Dubey on Friday, even if taken at face value, is a startling admission of serious ineptitude.
  • The possibility that his death is officially sanctioned retributionfor the murder of 8 policemen who were part of the team that went to arrest him on July 3 is hard to dismiss out of hand.  

No transparency:

  • Without a doubt, Dubey’s death in an ‘exchange of fire’ while he was ‘trying to flee’ after the police vehicle in which he was being taken ‘met with an accident’ is also extremely convenient for many. 
  • It puts a lid on the tale of his violent rise to power and influence, which was nourished by a wider network of patrons, including some in the police force. 
  • A hardened criminal, who had 62 cases against him was supposedly being transported without handcuffs; he snatched weapons from those escorting him, according to the police version of the incident. 
  • Indeed, this is no more than a self-indictment of the state police, whose conduct has raised far too many questions in the recent past. 
  • There is no good explanation for driving such a suspect through the night across more than 600 km from Ujjain in Madhya Pradesh where he was arrested on Thursday. 
  • The brutal last episode of Dubey’s serial crimes should be no defence if the shooting turns out to be an extra-judicial killing. 

Extrajudicial killing:

  • An extrajudicial killing is the killing of a person by governmental authorities or individuals without the sanction of any judicial proceeding or legal process. 
  • Extrajudicial killings often target leading political, trade union, dissident, religious, and social figures. 
  • Fair and transparent trial:
  • Any demand of probity and accountability in police and military is often contested on the supposed ground that it emerges from a support for criminals, terrorists or enemies of the state by influential political and public figures. 
  • There is no question that crimes such as those Dubey was involved in must be met with exemplary punishment. 
  • The process of establishing guilt and executing punishment is not an incidental part of justice, but its integral soul. 
  • A fair and transparent trial cannot be dispensed with in order to satisfy cries for vengeance.
  • Social sanction of instant justice by state agents might have leached into institutions that are mandated to enforce the rule of law. 
  • Last year, when the Cyberabad police shot dead four people accused in a case of gang rape and murder, people celebrated in the streets. 
  • The courts and the National Human Rights Commission have also shown a lenient approach in such cases. 
  • Goadingthe police on to deliver instant justice, or even tolerating such behaviour, creates an atmosphere of impunitythat could lead to murder of innocent people as happened with the custodial deaths in Tamil Nadu. 
  • Support for such killings by the police will not make a society more just. Mob justice is no justice at all. 

Conclusion:

Prelims Questions:

Q.1). With reference to the Unlawful Activities Prevention Act (UAPA), consider the following statements:

1. It was enacted in 2015. 
2. The 2019 amendment gave the Home Ministry the power to designate individuals as terrorists. 

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: B

Mains Questions:

Q.1). What do you mean by the extrajudicial killing? What are the reasons behind rising such incidents? Comment. 

THE GIST of Editorial for UPSC Exams : 11 July 2020 Making independent directors count



Making independent directors count


Mains Paper 4:Ethics 
Prelims level: Companies Act 2013
Mains level: Role of independent directors as per companies act 2013

Context: 

  • In the aftermath of several corporate frauds and mis-governance witnessed world over, various authorities introduced provisions giving statutory recognition to the position of independent directors in the overall governance framework.
  • It was believed that a larger say for independent directors in boardrooms would be an effective deterrent to fraud, mismanagement, and mis-governance. 

Defining the Companies Act, 2013:

  • In India, the Companies Act, 2013 not only defined ‘independent directors’ but also codified their duties and responsibilities. 
  • Schedule IV of the Act lays down the guidelines for professional conduct, role, functions, and duties of independent directors. 
  • The Schedule lists nine specific guidelines, eight actionable items and 13 specific duties to be discharged by independent directors. 
  • Section 166 lists seven specific duties for directors.
  • The Directors’ Responsibility Statement under Section 135 requires an affirmation by directors on the adherence to accounting standards, accounting policies, and maintenance of adequate accounting records for safeguarding of a company’s assets and prevention of frauds, adequacy of internal financial controls, and their effectiveness and compliance with applicable laws. 
  • The Listing Regulations exhaustively list out the specific responsibilities of the directors.

Role of an independent director:

  • Being an independent director is no more an easy task. The law casts onerous duties, obligations, and responsibilities on directors and collectively on the board. 
  • To comply and discharge the several responsibilities one needs a thorough understanding of the provisions of law and the various regulations. These can be acquired only by a combination of formal training, experience, and knowledge sharing. 

Major challenges:

  • Directors face difficulty when a company has conflicts with society or the public at large. This happens when their working or the company’s products/services create an issue with the interests of the public
  • Since promoter-shareholders have a strong say on the selection of independent directors, how can they function with independence and effectiveness at the board qua promoters?
  • Access to information remains in the hands of the promoters and the KMP (Key Managerial Personnel) reporting to them, which makes it challenging for independent directors to exercise independent judgment.

The problem and solutions:

  • What could be seen across these cases are lack of integrity and fraudulent practices. 
  • Majority of the cases are in the financial sector, which are regulated and classified as systemically important companies. 
  • How did they escape the several layers of checks and balances — namely, the professionals or the management running the company independent of the promoters; the audit and risk committees; the internal auditors; the statutory auditors; the board; and the regulators wherever applicable. 
  • Strengthening of the audit committee, risk committee and the nomination and remuneration committee may only mean the independent directors chairing/manning them need to be strengthened. 
  • The eligibility, role responsibility, and the authority of the independent director need to be reformed/ strengthened.
  • There need to be separate regulations governing the entire functioning of independent director.
  • Currently, the rules/regulations relating to the eligibility and appointment of independent director are the same for all applicable companies. This will have to change. 
  • Companies in the financial sector need to have a stronger criterion; systemically important companies need to have a different set of independent director; again, larger companies in terms of size, complexities need to have a different criteria for choosing and appointing independent director. These will have to cover key managerial personnel as well.
  • Independent directors, to be effective, should possess knowledge of the regulations, working of the company and the ability to speak out. A formal authority to help independent director to speak out is necessary. Training to acquire the skills shall be made compulsory.
  • The remuneration structure for independent director need to be overhauled providing for differential remuneration as per grade in the regulations. Remuneration shall be commensurate with the responsibility and liability to which independent director are exposed. If this is not addressed, quality directors will cease to be available. 
  • A separate body needs to be constituted under the Ministry of Corporate Affairs to oversee the functioning of independent director. The funding required can be collected as an annual cess and subscription from the corporate sector. 

Conclusion:

Prelims Questions:

Q.1). With reference to the International Comparison Program (ICP) 2017, consider the following statements:

1. The International Comparison Program (ICP) is the largest worldwide data-collection initiative, under the guidance of UN Statistical Commission (UNSC), with the goal of producing PPPs which are vital for converting measures of economic activities to be comparable across economies. 
2. Along with the PPPs, the ICP also produces Price Level Indices (PLI) and other regionally comparable aggregates of GDP expenditure.

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: C

Mains Questions:

Q.1). Defining the role of independent directors as per Companies Act 2013. What are the major challenges arising to their practices in the field? Also explain the feasible solutions to the problems. 

UPSC Mains Law Paper Topic : Law of the Sea

UPSC Mains Law Paper Topic : Law of the Sea

  1. Write short note : Exclusive Economic Zone. (93/I/8a/20)
  2. 2. Elaborate the new concepts laid down by the Third United Nations Conference on the Law of the Sea (UNCOS III). Point out the dissenting opinions that prevent full realization of the substantive recommendations of this Conference. (94/I/6b/30)
  3. Write short note : Transit passage (95/I/8b/20)
  4. “The exclusive economic zone is sui generis and although not territorial, it nevertheless, importantly modifies the regime of the High Seas over which it extends.” Critically examine this statement drawing attention to the special features and legal incidents of this new maritime zone as established by the UN Sea Law Convention 1982. (96/I/5d/20)
  5. “The theory of extra-territoriality is not the correct basis of the immunities and privileges which the diplomatic agents enjoy.” Do you agree with this view? Give reasons. (97/I/6b/30)
  6. “Although there can be a Continental Shelf where there is no E.E.Z., there cannot be an E.E.Z. without a corresponding Continental Shelf. It follows that for juridical and practical reasons, the distance criterion must now apply to the Continental Shelf as well as to the E.E.Z., and this is quite apart from provision as to distance in para 1 of Art. 76 (Sea Law Convention 1982)” - 39 (Main) Law—Topic Wise Paper I.C.J. in Libya/ Malta case concerning the Continental Shelf - I.C.J. Ref. 1985 p 13 Critically examine the above observations of the International Court and consider whether they entail any departure from the law as expounded by the court in the 1969 Continental Shelf cases. (97/I/6a/30)
  7. The British ship Scotia collided in midocean with the American ship Berkshire which was not carrying the lights required by the law. Decide the fault and liability under appropriate principles of international law. (98/I/7a/20)
  8. Examine the principal achievements of the United Nations Convention on the Law of Sea of 1982 and their significance for India. (99/I/6/60)
  9. ‘The legal regime of the Continental Shelf has undergone profound changes.’ What is the present concept of Continental Shelf? (02/I/5c/20)
  10. Explain the juridical basis of claim of a coastal state over the continental shelf in the light of North Sea Continental shelf cases decision. (03/I/6b/20)
  11. “The Law of Sea Convention 1982, does not bestow on landlocked states any definite right of transit.” Do you agree with this statement? Give reasons. (04/I/7a/30)
  12. Explain the scope of the concept of freedom of the High Seas and discuss also the legality of nuclear tests in the areas of High Sea. (04/I/5d/20)
  13. Define ‘Continental Shelf and distinguish it from ‘Exclusive Economic Zone’. Critically evaluate the rights and obligations of coastal states in the Exclusive Economic Zone. (07/I/7a/30)
  14. Write explanatory note : Territorial Sea (07/I/8a/20)
  15. “Vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the freedom to the sea, that is to say, the absence of any territorial sovereignty upon the high seas, no State may exercise any kind of jurisdiction over foreign vessels upon them.” Give a critical appraisal of this principle in the light of the case law and views of the International Law Commission. (11/I/6b/30)
  16. Explain the right and duties of coastal state over continental shelf, exclusive economic zone and high seas as defined under the provisions of UN Convention on law of Sea (III), 1982. (13/I/5c/10)

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UPSC Mains Law Paper Topic : State Recognition and State Succession

UPSC Mains Law Paper Topic : State Recognition and State Succession

  1. Distinguish between defacto recognition and de facto recognition. (93/I/6b/20)
  2. The Government of State X is overthrown. Rebels establish a new Government. State Y continues to recognise the old Government. A suit is filed in State Y by new Government of State X against a bank for recovery of certain money due to State X. The old Government opposes the suit claiming that the money belongs to the lawful representatives of State X. Decide. (94/I/7a/30)
  3. Ten aircraft that belonged to the monarchical government of prerevolutionary Russia were lying in the British airfield even after they were sold to an American company. The Communist Government that came to power in Russia after the revolution and was recognised de jure by Britain made a claim for the ownership of the aircraft. Discuss whether the previous transaction of sale is binding on the new government. (95/I/7a/30)
  4. “Occupation can be effected only through taking possession of, and establishing an administration over, territory in the name of, and for, acquiring State.” Explain and distinguish occupation from annexation. (95/I/5b/20)
  5. State X deposited some gold in State Y. There was a rebellion in State X and the rebels were successful in establishing a parallel government. After some time State Y granted de jure recognition to 37 (Main) Law—Topic Wise Paper the new government formed by rebels. The new government claims the gold deposited in State Y by the old government. Decide. (96/I/7b/30)
  6. While as a matter of international law, private rights acquired from an erstwhile sovereign do not cease to exist on a change of sovereignty, nevertheless, their enforcement as such rights in the courts of the successor sovereign may be barred by the act of State doctrine. Discuss and illustrate. (96/I/5c/20)
  7. Smith and Company registered in India was carrying on trade with Sikkim before it became part of India. The government of Sikkim confiscated a few consignments set to the company’s office in Sikkim from India. Soon thereafter Sikkim became part of India. Smith and Company claims consignments or their value from government of Indian. Discuss the liability of the government of India towards Smith and Company. (97/I/7b/20),
  8.  Rhodesia becomes independent by the unilateral Declaration of Independence. Examine the implications under relevant principles of international law. (98/I/7b/20)
  9. Pakistan has taken loan from certain international loaning agencies for its development. Part of the loan was spent on the development of the then East Pakistan which is now the independent State of Bangladesh. After East Pakistan succeded from Pakistan, Pakistan contended that the responsibility for the repayment of that portion of debt which was spent on East Pakistan had developed on Bangladesh. Bangladesh denied it. Decide giving reasons. (99/I/8a/20)
  10. A revolution takes place in State ‘X’. ‘Y’ seizes power in an unconstitutional manner by installing himself as the Head of State ‘X’. What principles will govern the question of recognition of ‘Y’ as the Head of States ‘X’ on the part of other states? What consequences will ensure if recognition is accorded or refused? (00/I/7b/20)
  11. A foreign bank has given a loan to the Government of State ‘A’ for the improvement of roads in ‘X’, a province of State ‘A’ . ‘X’ is subsequently ceded to State ‘B’. The Government of State ‘B’ refuses to accept any responsibility of the loan. Is State ‘B’ entitled to do so? Discuss. (00/I/7c/20)
  12. Write explanatory note : Recognition of a State and Recognition of a government (01/I/8a/20)
  13. Explain Recognition of a State and Recognition of a Government. (03/I/5b/20)
  14. “The granting of recognition to a new state is not constitutive but a declaratory act.” Do you agree with this view? Discuss the theories of recognition and state which theory is correct in your view. (04/I/8b/30)
  15. What do you understand by state succession? To what extent does succession take place to (a) the treaty rights and obligations, and (b) contractual obligations of the extinct state? Explain. (05/I/8b/30)
  16.  “A State is, and becomes, an international person through recognition only and exclusively.” Discuss. Is there any duty under International Law to recognise a State? (06/I/5d/20) (Main) Law—Topic Wise Paper 38
  17. International practice supports the evidentiary theory as to the nature, effect and function of recognition. Comment. (07/I/6b/30)
  18. Examine critically the different views regarding the recognition of States, highlighting the legal consequences of acts of recognition and policies of nonrecognition. Also mention the difference between ‘express recognition’ and ‘implied recognition’. (09/I/6a/30)
  19. What do you understand by the principle of Continuity of State in the context of succession of government? Pinpoint the major areas to be addressed to improve upon the existing position relating to State succession rules and practice. (10/I/5b/20)
  20. Discuss with illustrations the law and the practice of various States in relation to non-recognition of governments. (10/I/6b/30)
  21. “The distinction between ‘dejure/ defacto recognition’ and ‘recognition as the dejure and defacto government’ is insubstantial, more especially as the question is one of intention and the legal consequences thereof in the particular case. If there is a distinction it does not seem to matter legally.” Comment and discuss the distinction between the two. (11/I/6a/30)
  22. “States are subject to a duty under International Law to recognize a new State fulfilling the legal requirements of Statehold, but the existence of such a duty is not borne out by the weight of precedents and practices of States. The decision of a State in according or withholding recognition is a matter of vital policy that each State is entitled to take by itself.” Reconcile and argue which of these two statements (extreme views) regarding recognition of a State given by Lauterpacht (obligatory) and by Podesta Costa (Facultative) is more appropriate, with the help of instances in regard to de facto and de jure recognition. (13/I/6b/25)

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