14-Aug-2023
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14 August 2023 : The Hindu Editorial Notes PDF

The Hindu Editorial

14-August-2023

Daily Current Affairs For UPSC ,The Hindu Editorial Summary


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1. Pakistan’s political roller coaster continues.

Topic: GS2 – International relations

Context:

  • After Pakistan Parliament dissolved; Imran Khan still remains the most popular politician despite uncertainties.
  • Former Prime Minister Imran Khan sentenced to 3-year jail term and barred from politics for 5 years, pending appeals.
  • Uncertainty surrounds whether elections will be held within 90 days as mandated.
  • Outgoing coalition government’s contradictory statements contribute to uncertainty.

Impact of unstable Pakistan for India:

  • Security Concerns: Instability in Pakistan can lead to cross-border tensions, affecting India’s national security.
  • Terrorism: Unstable conditions might foster a breeding ground for terrorist activities that could spill over into India.
  • Border Management: Instability could challenge border management efforts, leading to increased infiltration attempts.
  • Diplomatic Challenges: Turbulence in Pakistan may strain diplomatic relations and complicate negotiations.
  • Trade Disruptions: Unstable situations might disrupt trade and economic ties between the two nations.
  • Radicalization: Unstable conditions may encourage radicalization, impacting regional stability.
  • Increased Military Preparedness: Unstable Pakistan could prompt India to enhance its military preparedness.
  • Internal Security: Instability might impact India’s internal security due to potential spillover effects.
  • Geopolitical Dynamics: An unstable Pakistan could alter regional geopolitical dynamics, affecting India’s strategic interests.

Way forward:

  • Diplomacy and Dialogue: Engage in sustained diplomatic efforts to foster dialogue and resolve differences through peaceful means.
  • Strengthen Border Security: Enhance border management and security measures to prevent infiltration and ensure stability.
  • Counterterrorism Cooperation: Collaborate closely on counterterrorism efforts to address shared security concerns.
  • Promote Regional Stability: Work with international partners to promote stability in the region, minimizing the spillover of instability.
  • Engage in Confidence-Building Measures: Initiate confidence-building measures to ease tensions and enhance trust.
  • Economic Cooperation: Continue economic engagement to improve the socio-economic conditions of both nations.
  • Track II Diplomacy: Support unofficial diplomatic channels to foster dialogue and understanding between the two countries.

2. Rebooting the codes

Topic: GS2 – Indian polity.

Context:

  • Laws need periodic updates to align with technological advancements and societal changes.
  • Introducing entirely new Codes with complex names, while retaining old laws in substance, raises concerns.

Concerns raised over new bills:

  • Criticisms of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Bill:
    1. Unnecessary to exclusively use Hindi names, as official translations exist.
    2. Indian laws have official translations in state languages, questioning the need for exclusive use of Hindi names for IPC, CrPC, and Evidence Act.
    3. Criminal procedure law re-enacted in 1973 as CrPC, 1973, distinct from 1898 version.
    4. Hindi names seem to symbolize de-anglicization, but much original language retained.
    5. New laws retain much original language, raising doubts about the necessity for complete re-enactment.
    6. Parliamentary Standing Committee scrutiny of ‘Sanhitas’ is a consolation due to inadequate consultation.

Substantive changes the in the code:

  • Welcoming the deletion of ‘sedition’ and introduction of new Section 150.
  • New Section 150 avoids overbroad terms of promoting ‘disaffection’ or ‘hatred/contempt’ against the government.
  • New Section 150 criminalizes promoting secessionism, separatism, armed rebellion, subversive activities, and endangering national sovereignty.
  • Notable additions of ‘mob lynching’ and ‘organized crime’ sections.
  • Notable omission of ‘hate speech’ despite prolonged discussions about defining and punishing it.
  • Procedure code allows trials of proclaimed offenders in absentia.
  • Mandatory videography of seizures and provision for deemed sanction if authorities don’t grant it within 120 days are positive.
  • Criticism of new remand provisions allowing extended police custody beyond current 15-day limit.

Conclusion:

  • Overall, the new laws require thorough critical scrutiny, but retaining the old names is considered sufficient.

3. Govt. should have stayed true to top court judgment on ECI selection process.

Topic: GS2 – Indian polity.

Context:

  • The Union government proposes a three-member selection panel with executive majority for Election Commission appointments.
  • Bill in Rajya Sabha suggests panel comprising Prime Minister, Leader of Opposition, and Union Cabinet Minister.

Concerns raised against proposed changes:

  • Contradicts recent Constitution Bench judgment that envisioned an independent committee involving Chief Justice of India.
  • Constitution Bench decision aligned with Dinesh Goswami Committee (1990) and Justice Tarkunde Committee (1975) recommendations.
  • Despite court order’s temporary nature until parliamentary law, retaining executive majority disrespects spirit of court’s suggestions.
  • Argument against Chief Justice’s involvement: Pre-emptive legitimacy affecting judicial review of selection errors.
  • However, Election Commission of India’s (ECI) quasi-judicial role and constitutional significance warrant insulation from executive control.
  • Non-partisan, independent ECI crucial for strong electoral democracy.
  • ECI’s role in ensuring free, fair, and convenient elections contributes to robust electoral participation.
  • Concerns about uneven Model Code of Conduct implementation in 2019 elections; ruling party receiving favorable treatment.
  • Independent V-Dem Institute downgraded India to “electoral autocracy,” citing ECI’s loss of autonomy.
  • The proposed changes will further deter the autonomy of ECI – and the above mentioned issues will remain untouched.

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