2023 05 13

Table of Contents:

GS Paper 2:

Constitution Bench Verdict in Shiv Sena Case
Delhi Government Case Vs LG
Issues with the Protection of Women from Sexual Harassment (PoSH) Act

Content for Mains Enrichment (CME)

Colonel John Pennycuick
Bhopal and local SDGs
Thirsty AI

Facts for Prelims (FFP)

Anuradha Bhasin’s Case – Internet Shutdown
Blood Donation by LGBTQ
LIBOR
Agmark registration
Oil pipelines
Nutrients in millets affected by processing and polishing
Impact of Warming on the Aquatic Animals

Constitution Bench Verdict in Shiv Sena Case

GS Paper 2

Syllabus: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure

Source: IE, The Wire

Context: The Supreme Court of India has passed a unanimous verdict on various issues related to the split in Shiv Sena in June 2022.

Background of the issue:

In 2019, Uddhav Thackeray became the Chief Minister of Maharashtra leading the MVA alliance. In 2022, Eknath Shinde and other MLAs went missing, claiming no confidence in the MVA alliance and Thackeray. The Thackeray group initiated disqualification proceedings against them, and Mr Shinde moved the Supreme Court to dispute it. The Governor directed a floor test to see if Thackeray’s government still had support, and Uddhav Thackeray resigned without facing it. Later, the Election Commission of India allotted the name Shiv Sena and party symbol to Shinde’s faction, and Thackeray’s side argued that they must be disqualified as their actions amounted to defection.

Key observations by Supreme Court in the Maharashtra verdict:


Observation	Explanation
Appointment of whip	Speaker must recognise the whip and leader authorised by the political party, based on the party constitution, after conducting an inquiry. The power to appoint a whip and a leader rests with the “political party” and not the “legislature party,” as stated in the Tenth Schedule of the Constitution.
Legislative wing vs political party	Allowing the legislative wing to act independently from the political party contradicts the constitutional system of governance.
Disqualification procedure	Disqualification ought to be decided as per established procedures in law and the Speaker is the appropriate authority for this under the Tenth Schedule of the Constitution, which lays down the anti-defection law. While deciding disqualification pleas, the Speaker must consider the constitution of the political party (as submitted to ECI)
Pending disqualification petitions	The Speaker should decide on pending disqualification petitions in a reasonable timeframe. MLAs have the right to participate in proceedings of the House regardless of the pendency of any petitions for disqualification.
Floor test	A floor test is to be conducted by the Governor only on obtaining objective material to show that the incumbent government had lost the confidence of the House.
Governor’s role	Then Maharashtra Governor Bhagat Singh Koshyari was not justified in calling for a floor test on June 30, 2022, as he did not have objective material to show that the incumbent government had lost the confidence of the House. The Governor is not empowered to enter the political arena and play a role in inter or intra-party disputes.
Restoration of the Uddhav government	The Thackeray group had sought to restore the situation prior to June 29, 2022, but the Supreme Court ruled that it cannot reinstate the Uddhav government as he had resigned and not faced the floor test.

Significance of the judgement: It upholds the principles of constitutional morality and the integrity of the democratic process.

Terms Used:

“Political party” Vs “Legislature party”:

While a political party is an organization of people with common political goals and ideologies, e.g., BJP, Congress; a legislature party is a group of elected representatives of the same political party who coordinate their legislative activities and strategy in the legislature. E.g., elected representatives of BJP in Lok Sabha forms the “legislature party” of BJP in Lok Sabha.

What is a Whip?

A whip is a party official in charge of ensuring that party members vote in accordance with the party’s position on a particular issue. The concept originated from British Parliament. All parties can issue whips to their members. Parties appoint a senior member from among their House contingents to issue whips — this member is called a chief whip, and he/ she is assisted by additional whips

Insta Links

Does the anti-defection law need changes?

Mains Links

Examine why the anti-defection law has been ineffective, even counterproductive in preventing defections. How can this situation be rectified? (250 Words)

May 13, 2023 /13 May 2023, Constitution Bench, Powers of Governor, Powers of Speaker, Shiv Sena case, Today's Article

Delhi Government Case Vs LG

GS Paper 2

Syllabus: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure

Source: IE

Context: The Supreme Court of India has given the state government of Delhi complete control over administrative services in the National Capital Territory of Delhi (NCTD), except for public order, police, and land.

Background of the Issue:

The Delhi government and Lieutenant Governor have been in a legal battle since 2015 over control of “services” in Delhi. The Supreme Court gave a split verdict in 2019, and a five-judge Constitution Bench has now delivered its verdict on the issue of control and whether officers allocated to Delhi come under the administrative control of the Delhi government or Delhi LG. The case also included the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Act 2021, which referred to the Lieutenant Governor as the “government” in any law made by the Legislative Assembly of Delhi.

What is the Verdict of the SC?


	Verdict
Powers of LG	Lt. Governor shall be bound by the decision of the Delhi government over services, apart from public order, police and land.
Powers of Central government	Centre had exclusive legislative and executive control over ‘services’ relating to public order, land and police as envisaged under Article 239AA.
Federalism in UT	The Centre had argued that the Constitution is a federal Constitution with a strong unitary bias as far as UTs are concerned. Contradicting it, SC said that Indian federalism is not unitary and any further expansion of the Union’s power will be contrary to the Constitutional scheme.
Powers to the elected government	If a democratically elected government is not given the power to control the officers, the principle of the triple chain of accountability (Political, Administrative and Public accountability) will be redundant.
Principle of collective responsibility	It extends to the responsibility of officers, who in turn report to the ministers. If the officers stop reporting to the ministers or do not abide by their directions, the entire principle of collective responsibility is affected.

About Article 239 AA

The Constitution (69th Amendment) Act, 1991 inserted Article 239 AA in the Constitution, giving special status to Delhi and establishing an Administrator and a Legislative Assembly. The Assembly has the power to make laws for the NCT of Delhi, except for police, public order, and land. The L-G has dual control and can either act on the aid and advice of the Council of Ministers or refer a difference of opinion to the President. This power tussle between the elected government and the L-G has been a point of contention.

How UTs are administered?

The Union Territories (UTs) in India are administered by the President through an appointed administrator, who represents the President and exercises administrative powers in the UT. The judiciary in the UTs is governed by the Constitution and laws made by the Parliament. In some UTs, such as Delhi and Puducherry, the administrator holds significant powers, including the ability to make laws and regulations for the UT, while in others, the administrator’s powers are limited to providing advice to the elected government.

Special provision for Delhi UT:

Special provisions have been made for certain UTs, such as Puducherry, Delhi, and Jammu and Kashmir (yet to be constituted), which have a legislative assembly and a Council of Ministers headed by a Chief Minister. The legislative assembly of these UTs has the power to make laws with respect to matters enumerated in List II or List III in the Seventh Schedule of the Constitution insofar as these matters are applicable in relation to the UT.

However, some entries in List II, such as public order, police, and land, are not within the legislative competence of the legislative assembly of Delhi.

Quotes used by SC:

Quote 1: “The principles of democracy and federalism are essential features of our Constitution and form a part of the basic structure.

Quote 2: “Federalism is a means to reconcile the desire of commonality along with the desire for autonomy and accommodate diverse needs in a pluralistic society”

Insta Links:

Centre-Delhi row heads to Constitution Bench

Mains Links:

Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. (UPSC 2018)

Prelims Links:

In the context of India, which one of the following is the characteristic appropriate for bureaucracy? (UPSC 2020)

An agency for widening the scope of parliamentary democracy
An agency for strengthening the structure of federalism
An agency for facilitating political stability and economic growth
An agency for the implementation of public policy

Ans: 4

Which of the following are the discretionary powers given to the Governor of a State? (UPSC 2014)

Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
Reserving certain bills passed by the State Legislature for consideration of the President of India
Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

1 and 2 only
1 and 3 only
2, 3 and 4 only
1, 2, 3 and 4

Ans: 2

May 13, 2023 /13 May 2023, Delhi Government case, power over “Services”, Today's Article

Issues with the Protection of Women from Sexual Harassment (PoSH) Act

GS Paper 2

Syllabus: Issues related to women

Source: TH

Context: The Indian Supreme Court has expressed concern over the “sorry state of affairs” in the implementation of the Protection of Women from Sexual Harassment (PoSH) Act.

Key issues highlighted by the Supreme Court regarding the implementation of the PoSH Act:


	Issue Highlighted
Uncertainty in Implementation	Uncertainty about whom to approach in case of sexual harassment at the workplace.
Reluctance	Lack of confidence in the process and its outcome of the PoSH. Women facing sexual harassment in the workplace are reluctant to report such misconduct.
Insensitive comments	A hostile, insensitive, and unresponsive working environment towards women employees hampers the success of the Act.
Non-Compliance in forming ICC	E.g., Only 16 out of 30 national sports federations in the country had constituted Internal Complaints Committees (ICCs) mandated under the 2013 Act.
Fear of Stepping out of Homes	– If authorities/management/employers cannot assure women a safe and secure workplace, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt.
Inquiry Process	Many times the inquiry process has been done in a “hurry” without adherence to the principles of natural justice.

Recommendations:

The Union, States, and UTs have been directed by SC to undertake a time-bound (8 weeks) exercise to verify whether Ministries, Departments, government organizations, etc., had constituted Internal Complaints Committees (ICCs), Local Committees(LCs), and Internal Committees(ICs) under the Act.
These bodies were ordered to publish the details of their respective committees on their websites

Previously

National Commission for Women (NCW) had asked all states to ensure that coaching centres and educational institutes strictly enforce the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Insta Links:

Prevention of sexual harassment or POSH Act

Mains Links:

“Though women in post-Independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu?” (UPSC 2021)

May 13, 2023 /13 May 2023, Protection of Women from Sexual Harassment (PoSH) Act, Today's Article

Colonel John Pennycuick

Content for Mains Enrichment (CME)

Source: TH

Colonel John Pennycuick was a British engineer who is known for constructing the Mullaperiyar dam in India during the British era. His dam transformed the Cumbum Valley into a fertile belt, filled with paddy fields, vegetable gardens, coconut plantations, flower gardens, and vineyards.

Usage: The example can be used in Essay/Ethics to demonstrate the leadership of Colonel Pennycuick in his efforts to ensure the safety and well-being of the local population, ensuring water and food security of the region

May 13, 2023 /13 May 2023, Colonel John Pennycuick, Today's Article

Bhopal and local SDGs

Source: DTE

Bhopal has become the first city in India to adopt the localisation of the United Nations-mandated sustainable development goals (SDG). The city will now have voluntary local reviews (VLR) to demonstrate the local government’s capacity and commitment towards achieving the 2030 Agenda for Sustainable Development.

Usage: This example can be used in an essay on the importance of local government’s role in achieving the SDGs.

May 13, 2023 /13 May 2023, Bhopal, localisation of SDGs, Today's Article

Thirsty AI

Source: DTE

According to a recent study by the University of California, Riverside, ChatGPT requires half a litre of water to answer every 20-50 questions, making the total water footprint of AI extremely large.

Water use in AI: Water used in maintaining AI tools are primarily used for cooling data centres to prevent equipment failure. Also, the water used in this process must be pure freshwater to prevent corrosion and the formation of microorganisms.

Usage: The example can be used to show the water footprint of emerging technologies.

May 13, 2023 /13 May 2023, Thirsty AIs, Today's Article

Anuradha Bhasin’s Case – Internet Shutdown

Facts for Prelims (FFP)

Source: live law

Context: The Supreme Court issued notice-seeking compliance with the judgment of the Apex Court in Anuradha Bhasin v. Union of India and Ors, wherein it had laid down guidelines with respect to the internet shutdown.

Background:

The main petition was filed by Anuradha Bhasin, which challenged the curbs on the internet, media, and other prohibitions imposed in the Kashmir region following the abrogation of the special status of J&K.

Constitutional Articles Related to internet shutdown:

Freedom of speech and expression and also freedom of trade and commerce through the medium of the internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g).
Restriction on fundamental rights should be in accordance with the mandate under Articles 19(2) and (6) and in consonance with the test of proportionality.
- The test of proportionality is a legal principle used to determine whether a governmental action is a justified infringement on an individual’s fundamental rights or not.

Court had passed the following directions in the case:

An order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017.

Suspension can be utilized for a temporary duration only.
Any order suspending internet issued under the Suspension Rules must adhere to the principle of proportionality and must not extend beyond the necessary duration
Any order suspending the internet under the Suspension Rules is subject to judicial review.

May 13, 2023 /13 May 2023, Anuradha Bhasin Case, GS2, Internet Shutdown, the test of Proportionality, Today's Article

Blood Donation by LGBTQ

Source: IE

Context: The US Food and Drug Administration (FDA) has ended the longstanding restrictions on gay and bisexual men from donating blood.

Background:

The prohibition was first implemented during the HIV/AIDS crisis in the 1980s and has been long decried as discriminatory by the LGBTQI+ community and its supporters.

New guidelines:

Donors have to answer a questionnaire and they will be screened based on their recent sexual activity rather than their sexual orientation or sex.
Have done away with the three-month deferral period for monogamous MSM, but it stays in place for those who have had new or multiple partners in the past three months.

Benefit: The new changes have been introduced to boost blood donations across the US and address the discriminatory nature of the existing policy.

India: Transgenders, gay people, and female sex workers aren’t allowed to donate blood. This is according to clauses 12 and 51 of the ‘Guidelines for Blood Donor Selection & Blood Donor Referral, 2017’ issued by the National Blood Transfusion Council (NBTC) and the National Aids Control Organisation on October 11, 2017.

Reason for ban: Government argues that there is substantial evidence to show that LGBTQ is at risk for HIV, Hepatitis B or C infections.

May 13, 2023 /13 May 2023, Blood Donation by LGBTQ, Today's Article

LIBOR

Source: The Hindu

Context: The Reserve Bank of India (RBI) has issued an advisory to banks and other RBI-regulated entities asking them to take steps to ensure a complete transition away from the London Interbank

Offered Rate (LIBOR) from July 1.


	Explanation
What is LIBOR?	It is a benchmark interest rate at which major global banks lend to one another in the international interbank market for short-term loans. It serves short-term loans with maturities from Overnight to 1 year. It also acts as a basis for Corporate and Government Bonds, mortgages, student loans, credit cards, derivatives, and other Financial Products.
How does LIBOR work?	Administered by ICE Benchmark Administration (IBA), regulated by the UK’s Financial Conduct Authority (FCA). It is based on five currencies, including the U.S. dollar, the euro, the British pound, the Japanese yen, and the Swiss franc, and serves 7 different maturity periods.
Why is LIBOR being brought to an end?	LIBOR’s credibility was damaged by rate-fixing scandals in 2012. The panel banks’ submissions were alleged to be inaccurate or manipulated to project market strength. After the 2012 Wheatley Review, a number of reforms were introduced to reduce subjective input and make LIBOR a transaction-based benchmark. However, despite the reforms introduced, the number of transactions in the short-term wholesale Funding Market reduced over time. Thus, LIBOR became more vulnerable to short-term market illiquidity and amplification of price moves that could cause systemic risks.
What are the alternative reference rates?	Secured overnight financing rate (SOFR) is being widely used as a substitute for LIBOR across the world. Other Benchmarks rates – (1) CHF – SARON; (2) EUR – ESTER; (3) GBP – SONIA (Already in use since March 31, 2021); (4) JPY – TONA.
What are the limitations of SOFR?	Based upon the repurchase (repo) markets, it is at the repo markets’ mercy.
What are the other challenges of shifting from LIBOR?	There could be a lot of volatility in the financial markets as the deadline arrives. The RBI has issued two circulars giving the roadmap to the transition and arrangements to be made for the same.

May 13, 2023 /13 May 2023, economy, Facts for Prelims, GS3, LIBOR, MOBOR, SOFR, Today's Article

Agmark registration

Source: Business Standard

Context: FSSAI proposes to do away with Agmark registration for some edible oils. Only an FSSAI license will be enough and a separate Agmark registration will not be required.

This would facilitate ease of doing business and reduce the multiplicity of laws that govern the food sector.

Certification Marks in India:


Certification Mark	Purpose	Issued by
ISI Mark (Mandatory for certain products)	Certifies industrial products comply with Indian Standards	Bureau of Indian Standards (BIS)
BIS Hallmark (Voluntary)	Certifies purity of gold and silver jewellery	Bureau of Indian Standards (BIS)
AGMARK (Voluntary)	Certifies agricultural products conform to approved standards	Directorate of Marketing and Inspection, Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture & Farmers Welfare under the Agricultural Produce Act,1937
FPO Mark (Mandatory)	Certifies processed fruit products were made in a hygienic ‘food-safe’ environment and are fit for consumption	Fruit Products Order, 1955
Green and Brown Dot	Indicates whether the food item is vegetarian or non-vegetarian	–
India Organic Certification (Voluntary)	Certifies organic farm products meet National Standards for Organic Products	Testing centers accredited by the Agricultural and Processed Food Products Export Development Authority (APEDA) under the National Program for Organic Production of the Government of India
Eco mark (Voluntary)	Certifies products meet standards to cause the least impact on the ecosystem	Bureau of Indian Standards (BIS)
Non-Polluting Vehicle Mark (Mandatory)	Certifies motor vehicles conform to relevant Bharat Stage emission standards	Bharat Stage emission standards

May 13, 2023 /13 May 2023, AGMARK, Certification Marks, economy, FSSAI, GS3, Hallmarking, Today's Article

Oil pipelines

Source: DTE

Context: According to an analysis by Global Energy Monitor, India is among the top five countries developing oil pipelines, both under construction and proposed.

Findings:


Topic	Information
Length of Pipeline	India is constructing a 1,630 km long oil transmission pipeline, ranking second globally in the pipelines under construction category, and has proposed pipelines that are 1,194 km long, securing the 10th spot.
Longest Pipeline	Paradip Numaligarh Crude Pipeline (under construction) and New Mundra–Panipat Oil Pipeline (proposed) will be among the longest oil pipelines in the world.
Leading Countries	United States, India, Iraq, Iran, and Tanzania
Benefits of Pipelines	More efficient at transferring oil and natural gas than conventional shipments; time required to construct a pipeline is lower; transit losses are minimal.
Concerns	Leakage, displacement, and disruption of livelihoods of communities where they are built.
Government Initiatives	Pradhan Mantri Urja Ganga Project, One Nation & One Gas Grid, City Gas Distribution Project.

About

Global Energy Monitor (founded in 2008) is a San Francisco-based non-governmental organization which catalogues fossil fuel and renewable energy projects worldwide. GEM shares information in support of clean energy and its data and reports on energy trends are widely cited by governments, media, and academic researchers.

May 13, 2023 /13 May 2023, Global Energy Monitor, oil pipelines, Today's Article

Nutrients in millets affected by processing and polishing

Source: The Hindu

Context: Recent studies have shown that grain processing reduces nutritional qualities in millets.

About Millets:

Millets are grasses and include varieties such as pearl millet, barnyard millet, finger millet, and foxtail millet.
India is the world’s largest producer of millets, accounting for over 40% of pearl millet production and over 8% of sorghum production in 2021-2022.
Millets are drought-tolerant and thrive on marginal land. Their nutrient content includes carbohydrates, proteins, fibre, amino acids, and various minerals, and different millet varieties have different nutrient profiles.

Nutrient Changes during Millet Processing:


Processing Step	Effect on Nutrients
Removal of Husk	Reduction of phytic acid and polyphenol contents
Decortication	Removal of crude and dietary fibre
Milling and Sieving	Reduction of nutrient content due to loss of bran, but improved digestibility and accessibility
Germination and Fermentation	Positive improvement in overall nutritional characteristics
Polishing	Removal of protein, fat, and fibre contents, as well as iron, magnesium, phosphorus, potassium, and manganese

May 13, 2023 /13 May 2023, AGRICULTURE, GS3, Millets, Nutrients, Today's Article

Impact of Warming on the Aquatic Animals

Source: DTE

Context: According to a new study published in the eLife journal, warm waters will cause aquatic animals, particularly fish, to grow larger rather than shrink in size due to global warming.

New findings:

The study found that warm waters will increase both the growth rates and death rates of fish, resulting in a younger but larger fish population. This contradicts the previous theory that fish will grow faster at a young age but reach smaller body sizes as adults as aquatic ecosystems become warmer.

Other impacts:


Impact of Warming on Aquatic Animals	Descriptions
Decreased oxygen levels	Limit growth and development of some species
Changes in food availability	This can lead to decreased populations
Increased prevalence of diseases and parasites	Can impact populations
Bleaching of coral reefs	Loss of habitat for a diverse array of species
The decline of coral reef ecosystems	This can lead to declines in populations of fish and invertebrates

May 13, 2023 /13 May 2023, Impact of warming on the Aquatic animals, Today's Article