27 November 2024 : Daily Current Affairs
1. India signs the Final Act of the Riyadh Design Law Treaty
(Source – https://pib.gov.in/PressReleseDetail.aspx?PRID=2077272®=3&lang=1 )
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Riyadh Design Law Treaty (DLT) – Key Highlights
- The Riyadh Design Law Treaty (DLT) is a landmark international agreement adopted by the member states of the World Intellectual Property Organization (WIPO).
- It aims to harmonize and simplify procedural frameworks for industrial design protection across multiple jurisdictions.
- The treaty standardizes requirements, reducing administrative burdens for applicants and promoting global design creativity.
- Key Provisions:
- Relaxed time limits for applications.
- Reinstatement of lost rights and correction/addition of priority claims.
- Simplified procedures for recording assignments and licenses.
- Option to file multiple designs in a single application.
- The DLT supports innovation and market growth by streamlining global design protection, empoweriIt encourages the implementation of electronic systems for design applications and the electronic exchange of priority documents among contracting parties.
- The treaty particularly benefits small and medium-sized enterprises (SMEs), startups, and independent designers by making design registration processes ng creators, and fostering inclusive economic development worldwide.
India’s Role: |
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Practice Question: Discuss the significance of the Riyadh Design Law Treaty in promoting global innovation and India’s role in fostering inclusive growth through design protection. (150 Words /10 marks) |
2. National Commission for Scheduled Castes organizes Interaction Programme with NCST, NCM, NCBC and NCSK
(Source – https://pib.gov.in/PressReleseDetail.aspx?PRID=2077627®=3&lang=1 )
Topic: GS2 – Indian Polity |
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National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Backward Classes (NCBC):
- Constitutional provisions:
- NCSC is established under Article 338 of the Indian Constitution, which empowers the Commission to safeguard the rights of Scheduled Castes.
- NCST is established under Article 338A, which focuses on the welfare and protection of Scheduled Tribes.
- NCBC was established under Article 338B, following the 102nd Constitutional Amendment, to safeguard the interests of Backward Classes.
- Mandate of NCSC, NCST, and NCBC:
- Safeguard and promote the welfare and rights of Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Classes (OBCs).
- Investigate grievances and address specific complaints related to the deprivation of rights and discrimination.
- Monitor the implementation of constitutional and legal safeguards for these communities.
- Advise the government on policies and schemes for the socio-economic development of SCs, STs, and OBCs.
- Recommend measures to ensure effective participation in public services and socio-economic activities.
- Prepare annual reports on the status of welfare and development of SCs, STs, and OBCs, and submit them to the President.
- Ensure that affirmative action programs, such as reservations, are properly implemented.
- National Commission for Minorities (NCM)
- Constituted in 1992 under the National Commission for Minorities Act, 1992.
- Focuses on the welfare and protection of religious and linguistic minorities.
- Monitors the implementation of safeguards for minorities in laws and schemes.
- Investigates complaints regarding deprivation of rights and safeguards of minorities.
- Advises on socio-economic development measures for minorities and promotes harmony.
- National Commission for Safai Karamcharis (NCSK)
- Set up under the National Commission for Safai Karamcharis Act, 1993, later extended as a non-statutory body.
- Monitors the implementation of laws related to the welfare of Safai Karamcharis and manual scavengers.
- Inquires into complaints regarding deprivation of rights and harassment of Safai Karamcharis.
- Recommends welfare measures, rehabilitation, and alternative livelihood opportunities.
- Conducts awareness campaigns and submits annual reports to the government.
Challenges And Way Forward: |
Issues with the Working of Commissions:
Way Forward:
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PYQ: Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body. (250 Words /15 marks) (UPSC CSE (M) GS-2 2022) |
Practice Question: Examine the roles and challenges of national commissions like NCSC, NCST, NCM, NCBC, and NCSK in safeguarding the rights of marginalized communities. Suggest measures to enhance their effectiveness and coordination. (250 Words /15 marks) |
3. Conversion only for reservation, without ‘actual belief’, a fraud on Constitution: Supreme Court
(Source: Indian Express; Page: 1)
Topic: GS2 – Indian Polity |
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Analysis of News:
Court’s Observations
- Active Practice of Christianity: The bench, comprising Justices Pankaj Mithal and R. Mahadevan, observed that Selvarani professed Christianity, attended church regularly, and had been baptized shortly after birth.
- Contradictory Claim: Despite practicing Christianity, she claimed Hindu identity for availing reservation benefits, which the court found to be untenable.
- Fraud on the Constitution: Such a dual claim, the court stated, undermines the purpose of reservation policies and amounts to constitutional fraud.
Reservation Policy and Secularism
- Objective of Reservation: The court emphasized that reservation is a tool for addressing historical social disadvantage. It cannot be exploited by individuals who adopt religious identities for personal gain.
- Genuine Conversion: The judgment stressed that religious conversion must stem from genuine faith and spiritual belief, not ulterior motives like quota benefits.
- Secular Principles: Article 25 of the Constitution guarantees the right to practice and profess any religion, but using religion as a means to manipulate social policies was deemed unacceptable.
Pending Constitutional Issue
- The bench highlighted the unresolved question of granting SC status to Dalit converts to Christianity and Islam.
- Current Legal Framework: As per the 1950 Constitution (Scheduled Castes) Order, SC status is restricted to Hindus, with Sikhs and Buddhists later included.
- Ranganath Mishra Commission: The 2007 report recommended extending SC quotas to Dalit Christians and Muslims, but this has yet to be implemented.
Selvarani’s Claims and Evidence
- Her Argument: Selvarani argued she was born to a Hindu father and a Christian mother, practiced Hindu rituals, and identified with the Valluvan caste, recognized under the SC category. She cited school records, family history, and cultural practices to substantiate her claim.
- Court Findings: Evidence revealed her father converted to Christianity through baptism, and her parents married under Christian rituals. Selvarani herself was baptized as an infant, and her family regularly attended church.
Court’s Reasoning
- Lack of Re-Conversion: The court noted that neither Selvarani nor her family undertook formal steps to reconvert to Hinduism, such as public declarations or rituals prescribed by the Arya Samaj.
- Baptism as Proof: Selvarani’s argument that her baptism as a child was involuntary was dismissed. The court pointed out she never attempted to annul her baptismal record or seek legal recognition as a Hindu.
- Field Investigation: An administrative inquiry confirmed her family’s Christian practices and found no evidence of reconversion.
Judgment and Implications
- SC Status Denied: The court ruled that Selvarani, as a Christian, could not claim SC status for employment under the reservation policy.
- Policy Integrity: It held that granting SC benefits to individuals who convert for opportunistic reasons undermines the ethos of affirmative action and social justice.
Conclusion
The Supreme Court reinforced the principle that reservation policies are meant to address genuine social and economic disadvantage. Exploiting religious identities for personal gain distorts the system’s intent and violates constitutional principles. The judgment also brings attention to the broader issue of extending SC status to Dalit converts to other religions, which remains a contentious and unresolved matter.
4. CJI flays barbs about ‘unelected’ judiciary
(Source – The Hindu, International Edition – Page No. – 5)
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Judicial Independence in Democracy
- Chief Justice of India (CJI) Sanjiv Khanna countered criticisms about the judiciary’s power in an electoral democracy, emphasizing the dangers of judges being elected through campaigns.
- He explained that the appointment system ensures unbiased decision-making, free from external pressures, and is guided by the Constitution and the law.
- The CJI highlighted that judges face the challenge of balancing public expectations and criticism, as their decisions often elicit varied reactions.
Debate over judiciary’s power in an electoral democracy: |
Arguments in Favour of Judiciary’s Power in an Electoral Democracy
Arguments Against Judiciary’s Power in an Electoral Democracy
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Global and National Perspectives on Indian Judiciary
- India’s constitutional courts are regarded as some of the most powerful globally.
- However, there are concerns about courts either not addressing critical issues or resisting transient popular mandates.
Judiciary’s Duty and Accountability
- The CJI emphasized that judges’ foremost duty is towards the public, and being open and transparent enhances the judiciary’s strength.
- Constructive criticism helps improve the judiciary, making it more efficient, citizen-centric, and accountable.
- He noted that judicial independence is a bridge fostering collaboration between different branches of government, rather than a high wall of separation.
Pendency of Cases in Courts
- Pendency remains a critical concern, with a staggering number of cases in various courts:
- District Courts: 2.08 crore cases filed, with 4.54 crore pending.
- High Courts: Around 16.6 lakh cases filed, with 61.10 lakh pending.
- Supreme Court: 54,000 cases pending.
- Despite this, productivity has improved significantly:
- District courts’ case clearance rate increased from 98.29% in 2022 to 101.74% in 2024, resolving over 28.23 lakh cases in 2023 alone.
- The Supreme Court’s case clearance rate rose from 95% to 97%.
Challenges and Way Forward
- The judiciary faces systemic inefficiencies and bottlenecks that require attention.
- By remaining open to scrutiny, the judiciary can identify and address challenges to ensure efficiency.
- Judicial independence fosters accountability while enabling collaboration between different branches of government to uphold the Constitution and serve public interests effectively.
PYQ: Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment. (150 words/10m) (UPSC CSE (M) GS-2 2023) |
Practice Question: Discuss the role of judicial independence in maintaining a balance between constitutional duties and public accountability in India. Highlight the challenges faced by the judiciary in ensuring timely justice and suggest measures to address them. (250 Words /15 marks) |
5. Six decades since Thumba launch, slew of private entities prepare for flight
(Source – The Hindu, International Edition – Page No. – 4)
Topic: GS3 – Science and Technology |
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Celebrating 61 Years of Indian Space Program
- India marked 61 years of its space program, recalling the launch of the Nike-Apache rocket in 1963 from Thumba, Kerala.
- This launch laid the foundation for ISRO’s mastery in solid propellant technology.
Launches of Merit
- NewSpace India, Ltd. launched the 4,700-kg GSAT-N2 satellite on a SpaceX Falcon 9 rocket due to weight limitations of India’s LVM-3 rocket.
- GSAT-N2, a Ka-band communication satellite, aims to enhance broadband in underserved areas and support services like in-flight internet and the Smart Cities Mission.
- The PSLV-C59 mission, scheduled for December 4, will carry the European Proba-3 mission to study the Sun.
Private Sector Contributions
- Pixxel: Preparing to launch six hyperspectral satellites capable of detecting crop diseases and monitoring pollution.
- GalaxEye Space and PierSight Space: Testing SAR technology and reflectarray antennas using PSLV’s POEM platform.
- HEX20: Launching its ‘Nila’ satellite on SpaceX’s Transporter 13 mission in 2025.
- AAKA Space Studio: Conducting a Space Analog Mission in Leh to test habitat sustainability for Moon and Mars missions.
Scientific Achievements
- India joined the Square Kilometre Array Observatory to contribute to the world’s largest radio telescope.
- Researchers from Aditya-L1 published findings on coronal mass ejections, crucial for satellite and communication safety.
- Agreements between the Departments of Space and Biotechnology will enable biological experiments on the upcoming Bharatiya Antariksh Station.
Practice Question: Discuss the evolution of India’s space program and private sector contributions to India’s space Sector. Analyze the role of India’s space science initiatives in global collaborations, particularly its involvement in the Square Kilometre Array Observatory. (250 Words /15 marks) |
6. SC ruling on socialism, secularism
(Source – The Hindu, International Edition – Page No. – 10)
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History of the Preamble
- The original Preamble, adopted on November 26, 1949, declared India a sovereign, democratic republic.
- The term ‘socialist’ was intentionally excluded from the Preamble as the Constituent Assembly felt that the economic direction should evolve with time, rather than being fixed in the Constitution.
- Indian secularism differs from the Western model. In India, the state regulates religious practices in certain areas, promoting reforms and welfare while respecting religious freedom.
- The amendment to include ‘secular’ was not accepted during the Constituent Assembly’s discussions.
Legal Developments
- Berubari Case (1960): The Supreme Court ruled that the Preamble was not a part of the Constitution and did not hold any substantive power.
- Kesavananda Bharati Case (1973): The Court reversed this decision, declaring that the Preamble is a part of the Constitution and must be interpreted in line with its core vision. The Preamble can be amended just like other provisions of the Constitution.
- 42nd Constitutional Amendment (1976): This amendment inserted the words ‘Socialist’, ‘Secular’, and ‘Integrity’ into the Preamble.
The Current Case
- Filed by Subramanian Swamy, Ashwini Upadhyay, and others, the case challenged the inclusion of ‘socialist’ and ‘secular’ in the Preamble.
- Petitioners argued that these words, added during the Emergency, imposed specific ideologies and should not alter the original text of the Preamble.
- However, the petitioners did not contest these terms added through later amendments, like the 44th Amendment (1978).
Court’s Ruling
- The Supreme Court dismissed the petitions, ruling that ‘socialist’ and ‘secular’ are integral to the basic structure of the Constitution.
- The court affirmed that the Constitution is a living document and subject to amendments, with the date of adoption not restricting this power.
- The court also clarified that socialism in India means a welfare state promoting equality of opportunity, while secularism means a neutral state respecting all religions.
Importance of the Ruling
- India’s socialism continues to guide welfare policies like MGNREGA and direct benefit transfers while supporting private enterprise.
- Secularism remains essential for preserving India’s unity in diversity.
Interpretation of Words ‘Secular’ and ‘Socialist’ |
Supreme Court’s Interpretation of ‘Secular’ The Supreme Court explained that secularism in India means the State neither supports nor discriminates against any religion. It ensures equal respect for all faiths and guarantees citizens’ rights to freely practice their religion. This interpretation is grounded in Articles 14, 15, and 16of the Constitution, which prohibit discrimination on the basis of religion. These provisions ensure equal protection under the law and guarantee equal opportunities in public employment, reinforcing the secular ethos of the Constitution. Supreme Court’s Interpretation of ‘Socialist’ The Supreme Court clarified that ‘socialist’ in India’s context signifies the state’s commitment to being a welfare state, ensuring equality of opportunity and socio-economic justice. It does not dictate a specific economic policy, whether left or right. The term reflects the Constitution’s goal of promoting social welfare and addressing inequality. India adopts a mixed economy model, where both the private sector and the government play crucial roles in fostering economic development. |
Practice Question: Examine the significance of the terms ‘socialist’ and ‘secular’ in the Preamble of the Indian Constitution. Discuss the Supreme Court’s recent ruling on their inclusion and its implications for the Constitution’s interpretation. (150 Words /10 marks) |
Prelims Facts
1. Why Income Tax Department Has Introduced PAN 2.0
(Source: Indian Express; Section: Explained; Page: 11)
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Analysis of the News
Introduction to PAN 2.0
The Permanent Account Number (PAN), a 10-digit alphanumeric identifier issued by the Income Tax Department, is being upgraded under the PAN 2.0 Project.
Key changes include
- Integration of a QR code on both new and existing PAN cards.
- A fully online, paperless application process for issuing and upgrading PAN cards.
- PAN will become the common business identifier by merging it with other identification numbers like TAN (Tax Deduction and Collection Account Number) and TIN (Taxpayer Identification Number).
Government Approval and Objectives
- The Union Cabinet approved the PAN 2.0 Project on November 25, 2024, with a budget of ₹1,435 crore.
- The goal is to make PAN the “single source of truth” for individuals and businesses by ensuring consistency and reliability of data.
Benefits for Individuals and Businesses
Individuals:
- Around 78 crore PAN holders can upgrade their cards, retaining the same PAN number but with enhanced features like QR codes.
- The upgrade will be provided free of cost to all existing users.
Businesses:
- PAN will serve as a seamless, unified system for filing various tax returns and challans, reducing the need for multiple identifiers.
- This will simplify compliance for businesses, addressing longstanding demands for a single business identifier.
Key Features of PAN 2.0
QR Code Integration:
- A QR code will be integrated into all PAN cards (old and new), enhancing the ability to link financial transactions with the Income Tax Department.
- This feature, first introduced in 2017, will be improved in PAN 2.0.
PAN Data Vault System:
- Organizations like banks and insurance companies that use PAN data will be required to store this information securely in a mandatory data vault system.
- This measure aims to enhance data protection and cybersecurity.
Unified Online Portal:
- A new, modernized portal will replace the outdated software (currently 15-20 years old).
- The portal will focus on a paperless process and include features for grievance redressal, making it more user-friendly.
Consolidation of Systems:
- PAN/TAN/TIN systems will be merged to streamline tax compliance processes and improve service delivery.
Technology-Driven Transformation
- The PAN 2.0 Project aims to modernize taxpayer registration services by consolidating core and non-core activities.
- The project will also introduce new technology to enhance service delivery and provide better accessibility for taxpayers.
Impact on Financial Transactions
- The improved QR code integration will strengthen the link between financial transactions and the Income Tax Department, increasing transparency and accountability.
- PAN 2.0 is expected to significantly reduce errors and fraud in financial transactions.
Existing PAN and TAN Functions
PAN:
- PAN serves as a unique identifier linking an individual or business’s financial transactions (e.g., tax payments, income tax returns, TDS/TCS credits) to the Income Tax Department.
- It is mandatory for filing income tax returns and remains unchanged throughout the holder’s life.
TAN:
- TAN is a 10-digit alphanumeric number required by entities responsible for deducting or collecting tax at source.
- It must be quoted in TDS/TCS returns, challans, and certificates.
Conclusion
The PAN 2.0 Project represents a significant step toward improving India’s tax infrastructure. By integrating modern technology, ensuring data security, and simplifying compliance, the government aims to enhance the usability and effectiveness of PAN for individuals and businesses alike. This initiative promises to make financial systems more efficient, transparent, and secure.
2. Norway’s apology to Sami and other minority groups for assimilation policies
(Source – The Hindu, International Edition – Page No. -11)
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The minority groups in news:
- Sami – Indigenous people spread across northern Europe, including Finland, Sweden, Norway, and Russia, with the largest population in Norway. They are known for their reindeer herding culture and unique language.
- Kvens – Descendants of migrants from the Torne River Valley (present-day Sweden and Finland) who settled in Norway. They historically practiced slash-and-burn farming, fishing, and blacksmithing.
- Forest Finns – Descendants of immigrants from eastern Finland who settled in Sweden and then moved to Norway in the 1600s. They have a distinct cultural identity and language.
- Jews, Roma, and Romani people – These groups are also considered national minorities in Norway, with long-standing ties to the country.
Why are they in the news?
- Historical Injustice: These groups faced forced assimilation policies, language suppression, and cultural erasure for over a century.
- Ongoing Discrimination: They continue to experience prejudice, limited access to healthcare, and challenges in preserving their languages and traditions.
- Reconciliation Efforts: The Truth and Reconciliation Commission and the recent apology by Norway’s Parliament highlight the need for recognition, reparations, and active efforts to address past and ongoing discrimination.