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InstaLinks help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically.
Table of Contents:
GS Paper 2:
1. Part of Constitution inserted by 97th amendment quashed.
2. Speedy trial a fundamental right: HC.
GS Paper 3:
2. National Security Act (NSA), 1980.
Facts for Prelims:
1. Climate change has added over 1,000 lakes in Swiss Alps.
2. National Logistics Excellence Awards.
3. Dairy Investment Accelerator.
GS Paper : 2
Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Part of Constitution inserted by 97th amendment quashed:
Context:
The Supreme Court on July 20 in a 2:1 majority verdict upheld the validity of the 97th constitutional amendment but struck down a part inserted by it which relates to the Constitution and working of cooperative societies.
The 97th constitutional amendment:
- It dealt with issues related to effective management of co-operative societies in the country.
- It was passed by Parliament in December 2011 and had come into effect from February 15, 2012.
- It amended Article 19(1)(c) to give protection to the cooperatives and inserted Article 43 B and Part IX B, relating to them.
Why a part of it has been struck down by the Court?
Upholding the Gujarat High Court’s 2013 decision striking down certain provisions of the 97th constitutional amendment, the Supreme Court held that the Parliament cannot enact laws with regard to cooperative societies as it is a State subject.
Several intervenors have contended that the amendment made a direct in-road into the exclusive domain of states to enact laws with regard to cooperatives.
- However, the Centre has contended that the provision does not denude states of their power to enact laws with regard to cooperatives.
What was the rationale behind such move by the centre?
The Centre has stated that the amendment was enacted to bring uniformity in the management of cooperative societies and it did not take away the powers of states.
- But, the Supreme Court has now said that if the Centre wanted to achieve uniformity then the only way available was to take the recourse under Article 252 of the Constitution which deals with the power of Parliament to legislate for two or more states by consent.
What next?
- The subject of cooperative societies fell in the state list and “belongs wholly and exclusively to the State legislatures to legislate upon” and any change would require the ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution.
- Now, Part IXB of the Constitution of India is operative only in so far as it concerns multi-State co-operative societies both within the various States and in the Union territories of India.
Insta Curious:
Do you know about the different cooperative societies? Read Briefly
InstaLinks:
Prelims Link:
- What are cooperative societies?
- Types.
- Regulation.
- Constitutional provisions.
Mains Link:
Discuss the impact of latest Supreme Court order on cooperative societies.
Sources: the Hindu.
Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Speedy trial a fundamental right: HC:
Context:
In the Bhima Koregaon caste violence case, highlighting the issue of undertrials, the Supreme Court has said that “speedy trial is a fundamental right”.
What’s the issue?
Charges are not framed in the case. Many witnesses are still being examined. They are languishing in jail without trial.
About the Constitutional Right to Speedy Trial:
- The main aim of the Right to Speedy trial is to inculcate Justice in the society.
- It was first mentioned in that landmark document of English law, the Magna Carta.
- In India, it is covered under Article 21 which declares that “no person shall be deprived of his life or personal liberty except according to the procedure laid by law.”
Evolution of the right to speedy trial:
- 1978 Babu Singh v. State of UP: The court remarked, “Our justice system even in grave cases, suffers from slow motion syndrome which is lethal to ‘fair trial’ whatever the ultimate decision. Speedy justice is a component of social justice since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.”
- Hussainara Khatoon v. State of Bihar, 1979: It formed the basis of the concept of the Speedy Trial. It was held that where under trial prisoners have been in jail for duration longer than prescribed, if convicted, their detention in jail is totally unjustified and in violation to fundamental rights under article 21.
- Katar Singh v. State of Punjab 1994: It was declared that the right to speedy trial is an essential part of fundamental right to life and liberty.
Factors For Pendency Of The Cases:
- Delay in disposition of cases because of huge pendency.
- Delay due to lawyers/ advocates.
- Infrastructure issue: The Courts have no convenient building or physical facilities due to which it takes more time to dispose off a case.
- Provision for adjournment.
- Vacation of the court.
- The Investigation agencies such as Police also play a role in Delay of cases.
Some measures which could prevent Delay could be:
- Effective management of the courts.
- Judges should be provided with proper training and vocations on a regular basis to improvise drafting, hearing and writing skills along with the skill of taking correct and fast judgment.
- The ratio of judges to population should be increased which will help in disposal of cases very fast.
- Cases must be assigned according to the specialized area of judges.
- Arbitration should be done wherever possible and in particular small and petty cases arbitration should be made compulsory.
- Nyaya Panchayats should be authorized to dispose off small and petty cases.
- The procedure of Adjournment should be modified in a way so as it is reduced to a limit and fine should be imposed on the person who files application for an adjournment on flimsy grounds.
- The technological development made by the human being in the field of science can be highly useful in realization of this objective.
InstaLinks:
Prelims Link:
- About Article 21.
- About Article 32.
- About the right to Speedy Justice.
- What is Magna Carta?
Mains Link:
Wrtie a note on the right to Speedy Justice and its significance.
Sources: the Hindu.
GS Paper : 3
Topics Covered: Awareness in space.
What is the New Shephard rocket system?
Context:
Amazon CEO Jeff Bezos back on earth after 10-min flight to space on Blue Origin’s New Shepard spacecraft.
- He was accompanied by brother Mark Bezos, Wally Funk, and 18-year-old passenger Oliver Daemen.
Significance of the mission:
The astronauts experienced three to four minutes of zero-g and travelled above the Kármán Line, the internationally-recognised boundary of space.
What is New Shephard, the rocket system?
- It is a rocket system meant to take tourists to space successfully.
- The system is built by Blue Origin.
- New Shephard has been named after astronaut Alan Shephard, the first American to go to space.
- It offers flights to space over 100 km above the Earth and accommodation for payloads.
- The system is a fully reusable, vertical takeoff and vertical landing space vehicle.
Scientific objectives of the mission:
It is a rocket system that has been designed to take astronauts and research payloads past the Karman line – the internationally recognised boundary of space.
- The idea is to provide easier and more cost-effective access to space meant for purposes such as academic research, corporate technology development and entrepreneurial ventures among others.
Insta Curious:
Have you heard about Armstrong Line? Where does it begin? Reference:
InstaLinks:
Prelims Link:
- About New Shepherd Rocket system.
- Objectives.
- Significance.
- What is Karman Line?
Mains Link:
Discuss the significance of space tourism.
Sources: the Hindu.
Topics Covered: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention.
National Security Act (NSA), 1980:
Context:
The Supreme Court has directed the release of Manipur-based activist Erendra Leichongbom, detained under the National Security Act for his social media posts allegedly on the efficacy of cow dung and urine as cures for COVID-19 in the context of the death of a BJP leader.
- The court said his continued detention would be a violation of his fundamental right to life and the due process of law.
- The court also expressed concern because the government was using preventive detention in cases where even ordinary penal sections did not apply.
About the National Security Act (NSA):
The NSA is a preventive detention law.
- Preventive Detention involves the detainment (containment) of a person in order to keep him/her from committing future crimes and/or from escaping future prosecution.
Article 22 (3) (b) of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
Article 22(4)states that:
No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless:
- An Advisory Board reports sufficient cause for extended detention.
The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues.
Period of Confinement:
- The maximum period for which one may be detained is 12 months. But the term can be extended if the government finds fresh evidence.
- A person can be held for 10 days without being told the charges against them. The person can appeal before a high court advisory board but will not be allowed a lawyer during the trial.
Concerns associated with the misuse of this law:
- Article 22 (1) of the Indian Constitution says an arrested person cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice.
- According to Section 50 of the Criminal Procedure Code (CRPC), any person arrested has to be informed of the grounds of arrest and has the right to bail.
However, under National Security Act, none of these rights are available to the person detained. The government holds the right to conceal information which it considers to be against public interest to disclose.
Insta Curious:
- Do you know about the types of bail available in India? Reference:
Instalinks:
Prelims Link:
- Who can invoke NSA?
- Appeals against preventive detention?
- Right to be informed the reason for arrest under this?
- Applicability of Constitutional rights in this regard.
- The writs under the constitution.
Mains Link:
What is the National security act? Why is it termed as a draconian law? Discuss.
Sources: the Hindu.
Facts for Prelims:
Climate change has added over 1,000 lakes in Swiss Alps:
- Melting glaciers in Swiss Alps have created more than 1,000 new lakes across the mountains.
- This is because of rapid climate change.
- Almost 1,200 new lakes have formed in formerly glaciated regions of the Swiss Alps since the end of the Little Ice Age around 1850. Around 1,000 of them still exist today.
Little Ice Age (LIA) is the climate interval that occurred from the early 14th century through the mid-19th century.
- Scientists have tentatively identified seven possible causes of the Little Ice Age: orbital cycles; decreased solar activity; increased volcanic activity; altered ocean current flows; fluctuations in the human population in different parts of the world causing reforestation, or deforestation; and the inherent variability of global climate.
National Logistics Excellence Awards:
- This newly launched awards will provide with due recognition to the various players involved in the logistics supply chain in the country.
- The awards are divided in two categories. The first category includes service providers and logistics infrastructure and second category will be awarded for the various user industries.
- The Awards will highlight best practices which include process standardisation, consolidation, digital transformations, technological upgrade and sustainable practices in the logistics sector.
Dairy Investment Accelerator:
- Set up by the Department of Animal Husbandry & Dairying (DAHD), Government of India under its Investment Facilitation Cell.
- The aim is to provide dedicated focus towards promoting & facilitating investments in the Indian dairy sector.
- It will also generate awareness among investors about the Animal Husbandry Infrastructure Development Fund (AHIDF).
It shall provide support across the investment cycle:
- Offering specific inputs for evaluation of investment opportunities.
- Addressing queries about application to govt. schemes.
- Connecting with strategic partners.
- Providing on-ground assistance with state departments & relevant authorities.
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