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CURRENT AFFAIRS – 13/12/2023

CURRENT AFFAIRS – 13/12/2023

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  1. CURRENT AFFAIRS – 13/12/2023

CURRENT AFFAIRS – 13/12/2023

Key aspects of Supreme Court’s Article 370 verdict

(General Studies- Paper II)

Source : The Indian Express

A Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud upheld the constitutional validity of two Presidential Orders—CO (The Constitution (Application To Jammu and Kashmir) Order) 272 and 273 of August 5 and 6, 2019, respectively.

  • These orders made the entire Constitution of India applicable to Jammu and Kashmir and rendered all provisions of Article 370 inoperative.

Key Issues and Court’s Responses:

  • Sovereignty of Jammu and Kashmir:
    • Petitioner’s Argument: J&K retained an element of sovereignty distinct from other princely states upon joining the Indian Union in 1947.
    • Court’s Examination:
      • Article 1 of the Constitution of India declares India as a Union of States, listing Jammu and Kashmir as a Part III state in the First Schedule.
      • Section 3 of the Constitution of Jammu and Kashmir asserts its integral part status in India, and Section 147 prohibits any amendment to Section 3.
    • Court’s Verdict:
      • The court rejected the argument for a special status, stating that the adoption of the Indian Constitution by Yuvraj Karan Singh in 1949 effectively amounted to a “merger,” superseding and abrogating inconsistent constitutional provisions in the state.
    • Instrument of Accession (IoA):
      • Petitioner’s Argument: Despite IoA signed by Maharaja Hari Singh, J&K retained internal sovereignty.
      • Court’s Verdict:
        • While Justice S K Kaul acknowledged internal sovereignty recognition in Article 370, he concurred with the majority opinion that the IoA, coupled with the adoption of the Indian Constitution, resulted in effective merger, nullifying the argument for retained internal sovereignty.
      • Court’s Analysis:
        • The court emphasized that Yuvraj Karan Singh’s proclamation adopting the Indian Constitution in 1949 had the legal effect of a “merger” comparable to other princely states.
      • CJI’s Opinion: The CJI noted that this proclamation achieved what would have been accomplished through an agreement of merger.
    • Recognition of Constituent Assembly:
      • Justice Kaul’s View:
        • While Justice Kaul recognized the Constituent Assembly’s recognition as indicative of internal sovereignty, he clarified that this acknowledgment did not impact the final conclusions drawn in the case.
      • Article 370 Temporariness:
        • Petitioner’s Argument: Article 370 had attained permanence, forming the basic structure of the Constitution.
        • Legal Challenge: Article 370(3) mandated the recommendation of the Constituent Assembly of J&K, which no longer existed, making abrogation impossible.
        • Court’s Verdict:
          • CJI’s Opinion: Article 370 was always intended to be temporary, serving as an interim arrangement until the formation of the Constituent Assembly of the State.
          • Once the J&K Constitution was adopted into India, the need for this arrangement ceased.
        • Justice Kaul’s View:
          • The temporary nature of Article 370 indicated that the mechanism under Article 370(3) did not end with the dissolution of the State Constituent Assembly.
        • Legality of Article 370 Abrogation:
          • CO 272 amended Article 367, redefining “Constituent Assembly of Jammu and Kashmir” as the “legislative assembly of Jammu and Kashmir.”
          • CO 273 sought Parliament’s consent to recommend the cessation of all clauses of Article 370.
          • Court’s Opinion:
            • Justice Kaul: Upheld the abrogation process.
            • CJI Chandrachud: Argued that the President could unilaterally abrogate Article 370 after the Constituent Assembly’s dissolution, without the need for redefining terms.
          • Petitioner’s Claim: Union took “irrevocable” action without the state’s consent during President’s rule.
          • Court’s Ruling:
            • Cited the 1994 S R Bommai v Union of India ruling, defining parameters for the proclamation of President’s rule.
            • Examined whether the action was not “mala fide or palpably irrational” and if the advisability and necessity were considered.
            • Rejected the argument that irrevocable action during President’s rule implied mala fides, emphasizing the need to demonstrate mala fides to the court.

What was the SR Bommai judgment?

(General Studies- Paper II)

Source : The Indian Express

In 1989, the Congress government at the Centre dismissed the Janata Dal-led Karnataka government by imposing President’s rule under Article 356 of the Constitution.

  • The move followed the Governor’s recommendation to the President, citing Chief Minister SR Bommai’s alleged loss of majority support.

Key Highlights

  • Controversial Dismissal:
    • The dismissal was contentious, as the Governor’s recommendation was based on purported letters from 19 MLAs withdrawing support to Chief Minister Bommai.
    • However, the Supreme Court later noted that the Governor did not consult Bommai before making his report to the President.
    • Additionally, seven legislators who allegedly withdrew support later claimed that their signatures were obtained through misrepresentation.
  • Judicial Proceedings:
    • Karnataka High Court: Bommai challenged the Centre’s action, but the Karnataka High Court dismissed his petition.
    • Supreme Court: Bommai appealed to the Supreme Court, leading to the constitution of a nine-judge bench.
  • Bommai Case Ruling:
    • Article 356 and President’s Rule:
      • The nine-judge bench in the Bommai case interpreted Article 356, which addresses the imposition of President’s rule in cases of “failure of constitutional machinery in States.”
    • Key Rulings:
      • Unanimous Validation of Article 356: All nine judges unanimously upheld the constitutionality of Article 356.
      • Subject to Judicial Review: The Court ruled that the President’s decision to impose President’s rule is subject to judicial review.
      • This landmark decision established the principle that the court can scrutinize the President’s actions under Article 356.
    • Contours of Proclamation:
      • Bommai case defined the parameters for the proclamation of President’s rule, ensuring that it is not “mala fide or palpably irrational.”
      • The ruling emphasized the need to consider the advisability and necessity of such action.
    • Legacy of Bommai Case:
      • Bommai remains the settled law regarding the circumstances and procedure for imposing President’s rule.
      • The case was invoked in recent challenges to President’s rule in Uttarakhand (2016) and Arunachal Pradesh (2016), both of which were overturned by the Supreme Court.
    • Judicial Review of President’s Proclamation:
      • Court’s Unanimous Decision:
        • The Supreme Court unanimously held that the President’s proclamation under Article 356 is subject to judicial review based on grounds such as illegality, malafide, extraneous considerations, abuse of power, or fraud.
        • While the President’s subjective appraisal cannot be examined, the material used to make the decision is open to review.
      • Parliamentary Approval Requirement:
        • The verdict established that Parliamentary approval is necessary for imposing President’s rule.
        • The President can only exercise the power after the proclamation is approved by both Houses of Parliament.
        • If approval is not granted within two months, the dismissed government automatically stands revived.
      • The ruling emphasized that although the Constitution grants greater power to the Centre, states are not mere appendages.
      • The Centre cannot tamper with state powers, and the courts should avoid interpretations that diminish state authority, ensuring a balance in center-state relationships.
    • Impact of Bommai Ruling:
      • The Bommai ruling, a landmark case, scrutinized the conduct of the Governor’s office and addressed frequent impositions of President’s rule to dismiss state governments led by opposition parties.
      • Research revealed a significant decrease in the imposition of President’s rule after the Bommai verdict.
      • From January 1950 to March 1994, President’s rule was imposed 100 times (2.5 times per year).
      • Between 1995 and 2021, it occurred only 29 times (a little more than once per year).
    • Kashmir Case and Bommai Reference:
      • Key Question:
        • In the Kashmir case, the question was whether Article 370 could be abrogated during President’s rule, which the state had been under since 2018.
      • The Supreme Court relied on the Bommai ruling to validate the President’s actions during President’s rule in Kashmir.
      • It clarified that actions after issuing a proclamation are subject to judicial review.

What was Karan Singh’s Proclamation of 1949?

(General Studies- Paper II)

Source : The Indian Express

On December 11, the Supreme Court upheld the abrogation of Article 370, emphasizing that Jammu and Kashmir did not retain any element of sovereignty or internal sovereignty after joining the Union of India.

  • The court dismissed the notion that Jammu and Kashmir retained sovereignty upon accession to India.
  • The court referred to a significant event in November 1949 when Yuvraj Karan Singh, heir to the throne of Jammu and Kashmir, issued a proclamation.

Key Highlights

  • Proclamation highlighted by the Court:
    • This proclamation, as outlined by the Chief Justice, symbolized the “full and final surrender of sovereignty” by Jammu and Kashmir to India.
    • The issuance of the proclamation by Yuvraj Karan Singh, declaring the supremacy of the Indian Constitution over inconsistent provisions in the state, was highlighted.
    • The court asserted that the proclamation achieved the same effect as an agreement of merger.
    • The court emphasized that with the issuance of the proclamation, paragraph 8 of the Instrument of Accession became legally inconsequential.
    • The court firmly stated that Jammu and Kashmir did not retain any element of sovereignty upon joining the Union of India.
  • Karan Singh’s Proclamation:
    • Karan Singh, heir to the throne of Jammu and Kashmir, issued a proclamation in November 1949.
    • The proclamation made critical declarations regarding the constitutional relationship between J&K and the Dominion of India.
    • The proclamation stated that the Government of India Act, 1935, which governed the constitutional relationship between J&K and the dominion of India, would stand repealed.
    • It declared that the Constitution of India, soon to be adopted by the Constituent Assembly of India, would govern the constitutional relationship between J&K and the contemplated Union of India.
    • This would be enforced in the state by Karan Singh, his heirs, and successors in accordance with its provisions.
    • The provisions of the Constitution of India would supersede and abrogate all other constitutional provisions inconsistent with it, which were presently in force in the state.
  • Reasons for the Proclamation:
    • The proclamation aimed to resolve ambiguity surrounding whether J&K became an integral part of India after Hari Singh, Karan Singh’s father, signed the Instrument of Accession (IoA).
    • The legal document finalized J&K’s accession to India.
    • Karan Singh, now 92, stated that the proclamation was necessary for the country and the state at that time.
    • It sought to eliminate any ambiguity and reinforce the constitutional relationship between J&K and the Union of India.
    • The proclamation explicitly accepted the supremacy of the Indian Constitution and signalled the surrender of sovereignty to ‘We the people of India.’

LS clears Bills for women’s quota in J&K, Puducherry Assemblies

(General Studies- Paper II)

Source : TH

The Lok Sabha passed two Bills aimed at extending the provisions of the Constitution (106th Amendment) Act, which grants 33% reservation for women in Parliament and State legislatures, to the Union Territories of Puducherry and Jammu and Kashmir.

Key Highlights

  • Bills Passed:
    • The Jammu and Kashmir Reorganisation (Second Amendment) Bill and the Government of Union Territories (Amendment) Bill were passed to extend women’s reservation provisions to Jammu and Kashmir and Puducherry.
    • The Constitution (106th Amendment) Act, 2023, provided for 33% reservation for women in Parliament and State legislatures.
    • The extension of these provisions to Jammu and Kashmir required amendments to the Jammu and Kashmir Reorganisation Act, 2019, while the same for Puducherry required amendments to the Government of Union Territories Act, 1963.
  • Implementation Timeline:
    • The implementation of the women’s reservation law will require the next census (likely late 2024) and subsequent delimitation exercises in 2026 to ascertain specific seats earmarked for women.
    • The quota for women in the Lok Sabha and Assemblies is set to continue for 15 years, with the possibility of Parliament extending the benefit period.

About The Constitution (106th Amendment) Act, 2023

  • The Constitution (106th Amendment) Act, 2023 amends the Constitution to provide for the reservation of seats for women in Parliament and State legislatures.
  • The amendment grants 33% reservation of seats for women in the Lok Sabha (the lower house of Parliament) and State Legislative Assemblies.
  • This reservation is applicable within the total number of seats allocated for each state or union territory.
  • The amendment includes a provision for the reservation to be implemented for a period of 15 years from the date of its commencement.
  • After this initial period, Parliament has the authority to extend the duration of the reservation if deemed necessary.

India’s extreme rainfall ‘corridor’

(General Studies- Paper I)

Source : TH

The Indian monsoon, characterized by its distinct phases like onset, withdrawal, active and break periods, and the presence of low-pressure systems, has witnessed significant alterations due to global warming.

  • The evolving dynamics of the monsoon highlighted by a recent study reveals a surprising consistency amidst the apparent chaos.

Key Highlights

  • Impact of Global Warming on Monsoon:
    • Global warming has led to delayed monsoon onset influenced by cyclones and withdrawal affected by Arctic warming.
    • Over seven decades, total seasonal rainfall has declined due to differential land and ocean heating caused by global warming.
    • While total seasonal rainfall has decreased, the monsoon season exhibits longer dry spells with lower intensity and more intense wet spells.
  • Challenges in Forecasting:
    • Despite progress in extreme weather forecasting by the India Meteorological Department (IMD), multiple factors can still result in devastating heavy rain events that are challenging to anticipate.
    • The imperative for improved forecasts is critical to mitigate the impact on life, property, agriculture, and the national economy.
    • India’s monsoon forecasts heavily depend on the El Niño and La Niña phenomena, accounting for about 60% accuracy.
    • Researchers explore other global relations, necessitating careful modelling experiments for better predictions.
  • Surprising Consistency Amidst Change:
    • Despite various changes in monsoon dynamics, a recent study unveils a consistent element – a corridor for large-scale extreme rainfall events.
    • The corridor, stretching from West Bengal and Odisha to Gujarat and Rajasthan, has remained unchanged from 1901 to 2019.
    • The stability in the location of extreme rainfall events provides optimism for enhanced process understanding, potentially leading to more accurate predictions and mitigation strategies.
  • Analyzing Monsoon Stability:
    • Traditional statistical methods may overlook the intricate relations among multiple rainfall centres during the monsoon.
    • Rainfall data from the India Meteorological Department (IMD) at a 25-km scale allows for sophisticated network analysis, revealing nodes with high synchronicity in rainfall.
    • Network analysis in the study uncovers that the most active nodes have consistently followed a ‘highway’ for over a century.
    • The link lengths between nodes, representing scales of synchronicity, have remained nearly constant, around an average of 200 km.
    • Central India warms up during the pre-monsoon, analogous to a kettle.
    • Monsoon rainfall systems pop synchronously across the kettle, indicating a coordinated dance of large groups of popcorn.
    • Despite influences from tropical oceans and pole-to-pole dynamics, the monsoon domain remains fairly stable for extreme rainfall formation.
    • The geographic trapping of synchronized extreme rainfall is likely attributed to the mountain range along the west coast and across Central India.
  • Forecast Implications:
    • Contrary to some beliefs, stationary elements still exist in the climate system, as seen in the monsoon’s ability to synchronize heavy rain events and adhere to the ‘highway.’
    • The corridor identified is also the route for monsoon depressions, with changes observed at different timescales impacting active and break periods.
    • While the hypothesis needs testing in models, the potential to improve forecasts lies in understanding the dynamics of synchronization rather than merely increasing model resolution and computational cost.
  • Reducing Risk and Exploiting Potential:
    • The study suggests that to enhance forecasts, a focus on understanding synchronization dynamics is crucial, potentially negating the need for significantly increased model resolution and computational resources.
    • Insights from synchronized extreme rainfall events can reduce risks in various sectors like agriculture, water, energy, transportation, and health.
    • India is well-positioned, with strong modeling capacity and computational resources, to harness the potential benefits of these findings for improved monsoon forecasts and risk reduction.

About India Meteorological Department (IMD)

  • The India Meteorological Department (IMD) is the national meteorological agency of India.
  • It is responsible for providing weather forecasts, warnings, and meteorological information to support various sectors such as agriculture, aviation, shipping, and disaster management.
  • The IMD was established in 1875, making it one of the oldest meteorological departments in the world.
  • Sir Henry Piddington, a British meteorologist, played a significant role in the establishment of the IMD.

74.1% of Indians unable to afford a healthy diet: FAO Report

(General Studies- Paper II)

Source : TH

The Food and Agriculture Organisation (FAO) of the United Nations released the Regional Overview of Food Security and Nutrition 2023, indicating concerning statistics and trends related to food security and nutrition in South Asia.

  • The report emphasizes the impact of rising food costs on people’s ability to afford a healthy diet and highlights the region’s challenges in meeting Sustainable Development Goals and World Health Assembly global nutrition targets.

Key Findings

  • Affordability of Healthy Diet:
    • In 2021, 74.1% of Indians were unable to afford a healthy diet, showing a slight improvement from 76.2% in 2020.
    • In Pakistan, 82.2% of the population faced difficulties affording healthy food.
    • In Bangladesh, 66.1% struggled to find affordable nutritious food.
  • Impact of Rising Food Costs:
    • The report warns that if food costs rise without a corresponding increase in income, more people will be unable to afford a healthy diet.
    • The compounding effect of rising food costs and falling incomes exacerbates the challenge.
  • Regional Undernourishment and Food Insecurity:
    • The Asia and the Pacific region, with 370.7 million undernourished people, represents half of the global total.
    • The region accounts for half of the world’s severe food insecurity, with more women than men facing food insecurity.
    • Southern Asia has a higher prevalence of severe food insecurity compared to other subregions.
  • Child Nutrition and Health:
    • In India, 31.7% of children under five suffer from stunted growth.
    • Wasting (low weight for height) is a major health problem for 18.7% of children under five in India.
    • 8% of children under five in India are overweight.
    • India has the highest rate of anaemia among women aged 15 to 49, with 53% affected.
  • Other Health Indicators:
    • 6% of Indian adults are obese.
    • Exclusive breastfeeding prevalence in India is 63.7%, higher than the global prevalence of 47.7%.
    • India has the highest prevalence of low birthweight in the region (27.4%).
  • Concerns and Challenges:
    • The report underscores the economic and social costs of undernourishment.
    • The impact of the COVID-19 pandemic and the “5Fs” crisis (Food, Feed, Fuel, Fertilisers, and Finance) still lingers in the region.
    • The prevalence rates of stunting, wasting, and overweight among children, as well as anaemia among women, fall short of World Health Assembly global nutrition targets.

About Food and Agriculture Organization (FAO)

The Food and Agriculture Organization (FAO) is a specialized agency of the United Nations (UN) that focuses on international efforts to combat hunger, improve nutrition, promote sustainable agriculture, and enhance food security.

  • Established in 1945, the FAO operates as a forum for member countries to collaborate on addressing global challenges related to food and agriculture.
  • The primary goal of the FAO is to work towards the eradication of hunger and malnutrition worldwide.
  • The FAO advocates for and supports sustainable agricultural practices that are environmentally friendly, socially equitable, and economically viable.
  • The FAO comprises 195 members, including 194 countries and the European Union.
  • Its headquarters is in Rome, Italy.

Understanding the terminologies

  • Stunting:
    • Stunting refers to a condition where a child’s height-for-age is significantly below the standard growth reference for their age group.
    • Stunting is an indicator of chronic malnutrition and long-term insufficient nutrient intake.
    • It reflects impaired growth over an extended period, often starting in the womb and continuing during the early years of life.
  • Wasting (Acute Malnutrition):
    • Wasting is a condition where a child’s weight-for-height is substantially below the standard growth reference for their age group.
    • Wasting is an indicator of acute malnutrition and is often associated with recent food shortage, illness, or inadequate dietary intake.
    • It reflects a rapid and severe decline in a child’s nutritional status.
  • Undernourishment:
    • Undernourishment refers to a condition where a person’s dietary energy intake is insufficient to meet their basic energy requirements for maintaining a healthy life.
    • Undernourishment can manifest in various forms, including stunting and wasting in children, as well as other health issues in adults.
  • Overweight and Obesity:
    • Overweight and obesity occur when there is an excessive accumulation of body fat, leading to health risks.
    • In children, overweight and obesity are determined by assessing weight-for-height or body mass index (BMI)-for-age.
    • In adults, BMI is commonly used to classify overweight and obesity.
  • Anaemia:
    • Anaemia is a condition characterized by a reduced number of red blood cells or a low concentration of hemoglobin in the blood, resulting in reduced oxygen-carrying capacity.
    • Anaemia is often assessed by measuring hemoglobin levels. It can result from nutritional deficiencies, including iron, vitamin B12, and folic acid deficiencies.