12 May 2023 : Daily Current Affairs

Daily Current Affairs

12-May-2023

Daily Current Affairs For UPSC ,Daily Current affairs of The hIndu and Indian Express.

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1.Governor’s decision to call floor test wrong: SC

Topic: GS2.

Context:

• The Supreme Court ruled that the former Governor of Maharashtra, Bhagat Singh Koshyari, made a mistake by calling for a trust vote, which resulted in the downfall of the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government in mid-2022.
• However, SC refused to reinstate the MVA government under Uddhav Thakrey as he technically resigned from his position as chief minister before the actual floor test.

Powers of the governor as per Indian constitution:

• Executive Powers: The Governor is the constitutional head of the state and exercises executive powers on behalf of the President. These powers include appointing the Chief Minister, other ministers, and the Advocate General, as well as making appointments to various state government positions.
• Legislative Powers: The Governor has a role in the legislative process. They summon and prorogue the state legislature, address the legislature at the beginning of each session, and provide assent to bills passed by the state legislature before they become law.
• Financial Powers: The Governor plays a role in the financial matters of the state. They lay before the state legislature the annual financial statement (budget) and approve the withdrawal of funds from the Consolidated Fund of the state.
• Judicial Powers: The Governor has certain judicial powers, such as granting pardons, reprieves, and remissions of punishment, as well as commuting sentences.
• Diplomatic Powers: The Governor represents the state at ceremonial and diplomatic events, welcoming dignitaries and participating in official functions.
• Emergency Powers: In case of a breakdown of constitutional machinery in the state, the Governor can recommend President’s Rule, where the state administration comes under the direct control of the central government.

2.The SC ruling on Sena vs. Sena in Maharashtra.

Topic: GS2 –

Context:

• It is essential to understand the issues associated with the anti-defection law in India in light of the recent Supreme Court verdict of the Shivsena-Shivsena conflict.

Anti-defection law:

• The anti-defection law in India refers to the provisions outlined in the Tenth Schedule of the Constitution.
• It was enacted to address the issue of political defections, wherein elected representatives switch political parties for personal or political gain, leading to instability and undermining democratic principles.
• The law aims to maintain the integrity of political parties and strengthen party discipline.

Issues associated with anti-defection law:

• Discretion of the Speaker/Chairperson: The decision-making authority given to the Speaker/Chairperson of the House can be problematic. Since they are typically affiliated with a political party, there are concerns about impartiality and the possibility of partisan decisions regarding disqualification.
• Defection loopholes: The anti-defection law has certain exemptions and provisions that have been exploited by politicians to avoid disqualification. For example, the provision allowing for mergers has sometimes been misused to facilitate mass defections without facing consequences.
• Deterrence of dissent: The anti-defection law has been criticized for discouraging dissent and curbing independent thinking among elected representatives. It can limit the ability of legislators to voice their opinions and vote according to their conscience, as they may fear disqualification for going against their party’s position.
• Impact on democratic representation: The law can lead to a concentration of power within political parties, diminishing the role of individual representatives and their accountability to the electorate. It may also restrict the diversity of political opinions and reduce opportunities for constructive debate and alternative viewpoints.
• Political party dominance: The anti-defection law can contribute to the dominance of established political parties, making it challenging for smaller parties or independent candidates to thrive. It can discourage political pluralism and limit the choices available to voters.
• Delayed legal proceedings: Disqualification cases under the anti-defection law can face delays in the legal process, resulting in prolonged uncertainty and instability in the functioning of legislatures.

Way forward:

• Strengthening the role of the Election Commission: The Election Commission can be given more authority in overseeing the disqualification process, reducing the discretionary powers of the Speaker/Chairperson and ensuring impartiality.
• Timely disposal of cases: Measures should be taken to expedite the legal proceedings related to disqualification cases. Establishing special courts or dedicated benches can help in resolving such cases promptly.
• Review and reform: Regular review of the anti-defection law is necessary to identify loopholes and address emerging challenges. The law can be amended to make it more effective, transparent, and conducive to democratic representation.
• Enhancing transparency and accountability: Political parties should be encouraged to be more transparent in their functioning, including their decision-making processes and disciplinary actions. Internal party democracy and mechanisms for dissent should be promoted.
• International best practices: Studying and adopting best practices from other countries that have effectively dealt with defection and maintained the integrity of their political systems can provide valuable insights for reforming the anti-defection law in India.

3. SC rejects the Centre’s argument that national interests take priority over local quibbles.

Topic: GS2 –

Issue:

• The Supreme Court dismissed the Centre’s claim of superiority over the elected government of Delhi.
• The Centre argued that Delhi’s legislative and executive powers were limited to that of any Union Territory.
• However, the court stated that Union Territories were not a homogeneous class and that Article 239AA establishes a Legislative Assembly for the National Capital Territory of Delhi (NCTD).
• The court emphasized the principle of representative democracy and the importance of interpreting Article 239AA to further that principle.
• The court acknowledged the need to balance the interests of NCTD and the Union of India with safeguards in place to protect the Centre’s interests in the national capital.
• The Delhi Assembly has limitations on making laws regarding public order, police, and land, while Parliament has the power to legislate on any subject in any of the three Lists of the Seventh Schedule for NCTD.

4. L-G does not have sweeping executive powers, says SC.

Topic: GS2 –

Context:

• The Constitution Bench headed by Chief Justice D.Y. Chandrachud stated that Delhi follows an “asymmetric federal model” of governance and emphasized that the Centre should respect the boundaries of Delhi.

The constitutional position of Delhi:

• The constitutional position of Delhi is governed by Article 239AA of the Indian Constitution. This article provides a special status to the National Capital Territory of Delhi (NCT) and grants it certain legislative and executive powers. Delhi is not considered a full-fledged state but has its own Legislative Assembly and Council of Ministers.
• Under Article 239AA, the Legislative Assembly of Delhi has the power to make laws on matters enumerated in the State List and the Concurrent List, subject to certain limitations. However, the Assembly does not have jurisdiction over matters related to public order, police, and land, which fall under the authority of the central government.
• The Lieutenant Governor (LG) of Delhi is appointed by the President of India and acts as the administrative head of the NCT. The LG represents the central government and exercises certain powers and functions, including the power to refer matters to the President for a decision.
• The constitutional position of Delhi is unique in that it combines elements of both a Union Territory and a state. While the elected government of Delhi has legislative and executive powers, the central government retains significant control over specific subjects.
• The interpretation and implementation of Article 239AA have been subjects of legal and political debate, with the Supreme Court playing a crucial role in defining the powers and responsibilities of the Delhi government and the LG.
  

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5. Mpox no longer a global health emergency: WHO

Topic: GS3.

Context:

• The World Health Organization (WHO) declared that Monkey pox is no longer a global health emergency.
• The decision was based on a significant decrease in global case numbers of pox.
• WHO Chief Tedros Adhanom Ghebreyesus emphasized that although the global health emergency has ended, pox remains a threat in areas of Africa where it has been endemic.
• This declaration follows the recent announcement by WHO that COVID-19 is also no longer a public health emergency of international concern.

About Monkey Pox or Mpox

• Monkeypox is a viral infection caused by monkeypox virus that causes fever, chills and rashes
• It is an endemic disease that is usually linked to ten African countries of Central and West Africa, although it was first discovered in a colony of monkeys in Copenhagen in 1958.

• It can spread through animals via: 

• • 1. Direct contact with lesions, body fluids
    2. Animal bites or scratches
    3. Eating products made of infected animals

• Person-to-person spread:
  1. Respiratory dropletsand contaminated materials such as bedding. Thus, extended close contact can lead to its spread.
  2. Direct contact with rashes, scabs or body fluids.
• The spread:

• • 1. Invasion period: It can last up to 5 days. It causes fever, intense headache, lymphadenopathy, Back pain, Myalgia, and Intense asthenia.
    2. Skin eruption: which usually begins within 1-3 days of fever.
    3. The rashes tend to be concentrated more on the face and the extremities rather than on the trunk.

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