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Critical Topics and Their Significance for the UPSC CSE Examination on November 07, 2024
Daily Insights and Initiatives for UPSC Exam Notes: Comprehensive explanations and high-quality material provided regularly for students
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - Indian Polity & Governance
Context:
IN A landmark ruling that has implications on the citizen’s right to hold property, a nine-judge bench of the Supreme Court Tuesday ruled that not all private property can be deemed “material resource of the community” for redistribution under Article 39(b) of the Constitution.
Read about:
What is Article 39(b) of the Constitution?
Right to Property
Key takeaways:
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In its majority opinion, the Supreme Court stated that the term "material resource" in Article 39(b) of the Constitution may encompass certain privately owned resources, but not all such resources fall under this category.
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Chief Justice of India D Y Chandrachud authored the majority ruling, joined by Justices Hrishikesh Roy, J B Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, and Augustine George Masih. Justice B V Nagarathna offered a partial disagreement with the majority, while Justice Sudhanshu Dhulia provided a dissenting opinion.
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This ruling effectively revises a long-standing interpretation within Supreme Court jurisprudence. Historically, a series of judgments had extended Article 39(b) to both public and private resources, an interpretation that traces back to Justice V R Krishna Iyer’s minority opinion in State of Karnataka v Shri Ranganatha Reddy (1977).
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A subsequent 1982 ruling by a five-judge bench in Sanjeev Coke Manufacturing Company vs Bharat Coking Coal Ltd, penned by Justice O Chinnappa Reddy, had upheld Justice Iyer’s interpretation.
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The current majority opinion, however, diverges from these earlier judgments, arguing that Justice Iyer broadened the definition too much by interpreting "material resources" as covering all resources meeting material needs, thus permitting government nationalization under Article 39(b).
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In his dissent, Justice Dhulia defended the broader and inclusive meaning previously assigned to "material resources of the community," arguing it remains both relevant and valuable.
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Article 39(b), part of the Directive Principles of State Policy in the Constitution, mandates that the state aim to distribute community resources in a manner that promotes the common good.
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Although the Directive Principles are intended to guide legislation, they are not legally enforceable in courts.
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The majority opinion asserted that Justice Iyer’s interpretation reflects a specific economic ideology. Including all private resources under Article 39(b), they argued, implies support for a particular economic structure. They noted that Iyer’s view in Sanjeev Coke was influenced by an economic school of thought that favored state acquisition of private property as beneficial for the nation
1.What is the position of the Right to Property in India ? (UPSC 2021)
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Answer (b)
The Right to Property was originally a Fundamental Right under Article 31 of the Indian Constitution. However, the 44th Amendment Act of 1978 removed it from the list of Fundamental Rights, making it a legal right instead. It is now enshrined in Article 300A as a constitutional, legal right available to any person, not just citizens. This means the state cannot deprive anyone of their property except by authority of law, but it is no longer protected with the same level of enforcement as a Fundamental Right
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US Presidential elections and Process
For Preliminary Examination: President and Vice President Election Process
For Mains Examination: GS II - International Constitutions, Polity & Governance
Context:
As the US presidential elections dominate the headlines world over, observers in India are keenly watching how the incoming US administration’s policies would align with India’s aspirations on the world stage, creating potential pathways for deeper collaboration between the two democracies.
Key takeaways:
The U.S. election process is a comprehensive system designed to elect the President and other officials. Here's a summary of how it works:
- Before the general election, political parties hold primary elections or caucuses in each state to select their candidates for president. In a primary, registered party members vote for their preferred candidate. In a caucus, party members gather to discuss and vote on candidates. The results determine how many delegates each candidate will receive.
- After the primaries and caucuses, the Democratic and Republican parties hold their national conventions to officially nominate their presidential candidates. This is also when the running mate (vice-presidential candidate) is announced
- The U.S. uses an Electoral College to decide the presidency. There are 538 electors, with each state having electors equal to its number of Congressional representatives (House members and Senators). A candidate needs 270 electoral votes to win.
- Voters in each state cast their ballots for a slate of electors pledged to a candidate. In most states, the winner of the popular vote in that state receives all of its electoral votes.
- The general election is held on the first Tuesday after the first Monday in November. Voters cast their ballots for president and vice president, along with other federal, state, and local offices.
- After the election, the states certify the results. The electors then meet in December to cast their official votes for president and vice president.
- In early January, Congress meets in a joint session to count the electoral votes and declare the winner. The president-elect is officially announced at this time.
- The newly elected president is sworn into office on January 20 following the election. This marks the official start of their term in office
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The Electoral College is a crucial feature of the U.S. presidential election system, determining the outcome of the election based on electoral votes rather than the national popular vote. It consists of 538 electors, with each state’s allocation of electors based on its Congressional representation—one for each House member and two for Senators. The candidate who wins the majority of votes in a state typically wins all its electoral votes (except in Maine and Nebraska, which use a proportional system). Swing states are those where the election outcome is uncertain, and both major parties have a strong chance of winning. These states are pivotal in deciding the overall result because their electoral votes often determine the winner, especially in close elections. States like Pennsylvania, Michigan, Wisconsin, Arizona, and Georgia have recently been key swing states. Presidential campaigns heavily focus on these states, investing resources in outreach and targeted advertising to sway undecided voters. This system amplifies the importance of these swing states, with campaigns tailoring strategies to win over voters in these regions, as states with solid partisan support (e.g., California for Democrats or Texas for Republicans) have little impact on the overall outcome |
Follow Up Question
1.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019)
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.
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Answer (b)
Article 142 of the Constitution of India grants the Supreme Court the power to pass any order necessary for the do complete justice in any matter before it. This power is extraordinary and operates beyond the ordinary laws or restrictions. It allows the Supreme Court to make orders that are not constrained by the normal legal frameworks or laws enacted by Parliament. Thus, the limitations or prohibitions set by ordinary laws cannot restrict the exercise of powers under Article 142 by the Supreme Court. This is why option (b) is correct |
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US-India Initiative on Critical and Emerging Technologies (iCET): Launched in January 2023, the iCET initiative represents a significant advancement in US-India technology collaboration. While India has long sought deeper technological ties with the US, this initiative has expanded the focus to include industrial partnerships, strengthening India’s position in advanced sectors like semiconductor manufacturing and jet engine production.
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SOSA and MOU on Liaison Officers: India and the US have signed the Security of Supply Arrangement (SOSA) and a Memorandum of Agreement for Liaison Officers. SOSA ensures mutual priority support for goods and services critical to national defense, helping mitigate supply chain disruptions. India is now the 18th SOSA partner. The Memorandum of Agreement further strengthens information-sharing and military cooperation, with India deploying its first liaison officer to the US Special Operations Command in Florida.
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Indo-Pacific Economic Framework for Prosperity (IPEF): On September 22, India joined the US-led 14-member Indo-Pacific Economic Framework for Prosperity, focusing on clean energy, climate-friendly technologies, anti-corruption measures, and tax transparency to foster economic growth and development.
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INDUS-X: Launched on June 21, 2023, INDUS-X is a collaborative network of universities, incubators, corporations, think tanks, and investors aimed at driving innovation in defense technologies. It also seeks to integrate India’s private defense sector with the US defense industry.
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India-US Clean Energy Agenda 2030 Partnership: In 2021, Prime Minister Narendra Modi and President Joe Biden launched the India-US Clean Energy Agenda 2030 Partnership. The US committed to reducing emissions by 50-52% of 2005 levels by 2030. Additionally, the US pledged to support India’s renewable energy target of 450GW by 2030 through finance and technology transfer.
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Critical Minerals Partnership: India joined the Mineral Security Partnership (MSP) in June 2023, a collaboration of 14 countries aimed at securing critical mineral supply chains. This partnership is pivotal as India shifts to electric vehicles and expands its electronics and semiconductor industries, both of which rely on critical minerals.
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Minerals Security Finance Network (MSFN): In September 2023, India became part of the Minerals Security Finance Network, a US-led initiative focused on securing critical mineral supply chains. This is part of broader efforts to strengthen global mineral security.
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Advanced Telecommunications: India and the US launched joint task forces focused on Open RAN systems and telecom R&D. These efforts aim to reduce costs, enhance security, and improve the resilience of telecommunications networks, with India’s Bharat 6G and the US Next G Alliance leading the research.
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Semiconductor Fabrication Partnership: In September 2023, India and the US entered an agreement to build a semiconductor fabrication plant, with a focus on national security, telecommunications, and green energy applications. This partnership is critical due to the importance of semiconductor chips in various industries, including defense, technology, and energy.
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Bilateral Cyber Engagement: In September 2023, India and the US committed to advancing their cyber cooperation, including threat information sharing, cybersecurity training, and protecting energy and telecommunications networks. Both countries are looking forward to further enhancing their cyber cooperation in November 2024
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Answer (D)
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The upcoming five years are pivotal for India's climate initiatives, especially in meeting its 2030 goals. Despite progress in solar and renewable energy, India’s dependence on coal remains problematic, with clean energy making up just 22% of its electricity mix. Key environmental priorities include addressing heat stress, improving air quality, managing waste, and boosting energy efficiency. Comprehensive policies are needed to balance rising energy demands with these challenges. Encouraging businesses to view climate action as an opportunity is essential, as is the swift implementation of India's carbon market.
Addressing pollutants:
India is particularly susceptible to extreme heat and may soon experience heat waves beyond human survivability. Reducing both CO2 emissions and short-lived pollutants like methane, black carbon, and hydrofluorocarbons is critical.- Methane, a potent contributor to global warming, traps much more heat than CO2 over short periods. Tackling these pollutants can reduce near-term warming more effectively than focusing on CO2 alone.
- By breaking down climate challenges by pollutants or sectors, solutions can be more targeted and efficient. Tailored treaties, balancing the needs of both developed and developing nations, could be incorporated into the Paris Agreement.
- The Montreal Protocol, through the Kigali Amendment’s phase-out of F-gases, offers a successful model, expected to avoid 0.5°C of warming by century’s end.
- Targeting methane next could prevent nearly 0.3°C of warming by the 2040s. International cooperation, led by major players like the U.S., EU, and China, could enforce corporate commitments to reduce methane emissions by 2030.
- Capturing methane through gas capture and biogas projects can reduce one of the most dangerous greenhouse gases while enhancing urban sanitation.
- Reducing pollutants like black carbon and strengthening the National Clean Air Programme would significantly improve air quality and public health. However, society must treat air pollution as a year-round concern, requiring ongoing intervention.
- Achieving clean air requires five key actions: shared responsibility, investment in clean air measures, integration of sustainable development, data-driven solutions, and recognizing clean air as an economic driver.
- Effective interventions demand coordination, improved monitoring, and regulatory reforms, underscoring the wide-ranging benefits of clean air.
- Furthermore, decarbonization and faster adoption of refrigerants with low global warming potential, as mandated by the Kigali Amendment, are essential to cutting greenhouse gas emissions.
Role of carbon markets:
Carbon markets are key to incentivizing the reduction of greenhouse gas emissions through financial rewards. With a target of limiting global temperature rise to 1.5-2°C, emissions must be cut by at least 43%.- India’s forthcoming ‘India Carbon Market’ in 2026 could help achieve its climate commitments and may become the largest emissions trading system by 2030. A well-functioning carbon market in India could potentially save $35 trillion in climate-related costs over the next 50 years.
- Encouraging swift climate action with financial incentives and refining carbon trading mechanisms is crucial. Existing metrics that convert all pollutants into CO2 equivalents can mask the different impacts of pollutants.
- A more refined system would account separately for long-lived pollutants like CO2 and short-lived ones like methane, leading to better-targeted solutions.
- For such efforts to succeed, India needs a coordinated approach with a dedicated authority empowered to enforce timely, preemptive action across government tiers. Accountability and collaboration at all levels are critical for meaningful progress.
Missed opportunities in climate policy:
- The 2024 Lok Sabha election largely overlooked the growing climate crisis, despite voter demands. Political promises on climate were inadequate, despite soaring national temperatures.
- Issues like unemployment, farming crises, and rising living costs preoccupied voters, diverting focus from environmental concerns. Without a dedicated 'green party,' sustainability remains disconnected from the everyday realities of most Indians.
- For real progress, climate leadership in India must move beyond symbolic gestures and place climate action at the heart of political agendas
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Answer (2)
Global warming is primarily attributed to the presence of greenhouse gases like Methane (A), Surface Ozone (C), and Carbon dioxide (E). These gases trap heat in the atmosphere, contributing to the greenhouse effect. While Sulphur dioxide (B) and Nitrogen dioxide (D) are pollutants that can cause environmental issues such as acid rain and air quality deterioration, they are not major contributors to global warming compared to greenhouse gases like methane, surface ozone, and carbon dioxide
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The Privileges Committee of Parliament is a committee tasked with examining cases involving the breach of privileges of Parliament or its members. Here’s a detailed explanation:
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Composition:
- The Privileges Committee is constituted in both Houses of Parliament: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
- In the Lok Sabha, the committee consists of 15 members.
- In the Rajya Sabha, the committee comprises 10 members.
- Members of the committee are nominated by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, respectively.
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Functions:
- Investigating Complaints: The primary role of the Privileges Committee is to investigate complaints regarding the breach of privileges and immunities of the members of Parliament.
- Reporting: After a thorough investigation, the committee submits its findings and recommendations to the House.
- Recommending Action: The committee may recommend what actions should be taken against those who have committed a breach of privilege.
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Types of Privileges:
- Freedom of Speech: Members of Parliament enjoy freedom of speech within the Parliament.
- Freedom from Arrest: Members cannot be arrested in civil cases during the session of Parliament and 40 days before and after the session.
- Right to Exclude Strangers: The House has the right to exclude strangers from its proceedings and hold secret sessions.
- Right to Publish Debates: Parliament has the right to publish its debates and proceedings.
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Process:
- When a member of Parliament feels that a privilege has been breached, they can raise the issue in the House, often as a Privilege Motion.
- The Speaker or Chairman decides on the admissibility of the motion.
- If admitted, the matter may be referred to the Privileges Committee for investigation.
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Outcome:
- The committee investigates the matter, hears evidence, and reports back to the House with its findings and recommendations.
- The House then debates the report and decides on the course of action, which could include reprimand, suspension, or other penalties depending on the severity of the breach.
The Privileges Committee plays a crucial role in maintaining the integrity and authority of Parliament
1.Which of the following statements regarding Privilege Motion in the Indian Parliament is/are correct?
- A Privilege Motion can be moved in either House of Parliament.
- The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha decides on the admissibility of the Privilege Motion.
- A Privilege Motion is used to address a breach of parliamentary privileges by a Member of Parliament.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
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Answer (d)
Given this analysis, we can conclude that all three statements are essentially correct, although the third one could be more comprehensive. Therefore, the correct answer is: (d) 1, 2, and 3 |
Saudi’s new law aid migrant workers
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II & III - International law, Economy
Context:
The Kingdom of Saudi Arabia, one of the world’s largest recipients of migrant domestic workers (MDWs), will roll out a new domestic workers law in September. The six GCC states (Saudi Arabia, the UAE, Qatar, Kuwait, Oman, and Bahrain) employ close to 5.5 million migrant domestic workers, and all of them exclude MDWs from labour laws, with only four having passed specific domestic worker laws.
Read about:
Who is an Illegal migrant?
What are some of the features?
Key takeaways:
Who are migrant domestic workers?
Migrant domestic workers are individuals who move from their home country or region to another country or region to work in private households, performing tasks such as cleaning, cooking, childcare, elderly care, and other household duties. These workers often migrate in search of better economic opportunities, higher wages, or improved living conditions.
Here are some key characteristics of migrant domestic workers:
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Work Environment: They typically work within private homes, making their work less visible and often less regulated compared to other types of employment.
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Vulnerability: Migrant domestic workers are often vulnerable to exploitation and abuse due to factors such as language barriers, isolation, lack of legal protections, and dependency on their employers for housing and legal status.
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Legal Status: The legal status of migrant domestic workers varies by country. In some places, they may have formal work permits and legal protections, while in others, they may work without proper documentation, increasing their vulnerability.
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Gender: The majority of migrant domestic workers are women, reflecting traditional gender roles that associate women with domestic and caregiving tasks.
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Economic Importance: Migrant domestic workers play a crucial role in the economies of both their home and host countries. Their remittances support their families back home, and their work enables many households in host countries to manage work-life balance, especially in dual-income families.
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Challenges: They often face challenges such as long working hours, low wages, lack of social protections, and, in some cases, physical or emotional abuse. Legal and social advocacy for the rights and protections of migrant domestic workers is an ongoing issue globally
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Sponsorship Requirement:
- Under the Kafala system, a migrant worker's legal status is tied to a local sponsor, typically their employer, who is responsible for the worker’s visa and legal residency.
- The sponsor has significant control over the worker, including the ability to decide if the worker can change jobs or leave the country.
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Control Over Movement:
- Workers often need their sponsor’s permission to leave the country, known as an "exit permit." This can lead to situations where workers are trapped in the country, unable to return home even in cases of abuse or contract disputes.
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Restrictions on Job Mobility:
- Migrant workers under the Kafala system usually cannot switch jobs without the consent of their sponsor. This lack of mobility makes it difficult for workers to escape exploitative or abusive situations.
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Vulnerability to Abuse:
- The system can create a power imbalance, leading to exploitation such as withholding of wages, excessive working hours, poor living conditions, and even physical or psychological abuse.
- Many workers are also subjected to passport confiscation, limiting their ability to move freely or leave the country.
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Recent Reforms:
- In response to international criticism and pressure, some Gulf countries have introduced reforms to the Kafala system. For example, Qatar abolished the exit permit requirement for most workers and allowed greater job mobility. Saudi Arabia introduced labor reforms in 2021 that allow workers to switch jobs without employer consent, under certain conditions.
- Despite these reforms, the Kafala system still exists in various forms, and issues of worker exploitation remain prevalent.
1.Which of the following statements about the Kafala system is/are correct?
- The Kafala system is a legal framework that ties a migrant worker's legal status to a local sponsor, typically their employer, in several Gulf countries.
- Under the Kafala system, workers can freely change jobs or leave the country without the sponsor’s permission.
- Recent reforms in countries like Qatar and Saudi Arabia have entirely abolished the Kafala system.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 1 only
(d) 2 and 3 only
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Answer (c)
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| Subject | Topic | Description |
| History | Modern Indian History | Company rule and Crown rule 1773 - 1947 |
| History | Modern Indian History | Fall of Mughals |
| History | Modern Indian History | Establishment of British rule in India |
| History | Modern Indian History | Economic Policies of the British |
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