26 Feb 2020: UPSC Exam Comprehensive News Analysis

26th FEB 2020 CNA:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
INTERNATIONAL RELATIONS
1. Widening U.S.-China rift fuels Trump’s Modi outreach
2. Trump renews offer to mediate on Kashmir, but skirts CAA
POLITY AND GOVERNANCE
1. Assam Accord Clause 6: Panel submits report to Chief Minister
C. GS 3 Related
ENVIRONMENT AND ECOLOGY
1. BS VI fuel cess may be on cards
ECONOMY
1. Mauritius FPIs can continue to invest in India, says SEBI
D. GS 4 Related
E. Editorials
POLITY AND GOVERNANCE
1. Rights, duties and the Constitution
2. More psychological than an empowering voter option
ENVIRONMENT AND ECOLOGY
1. Counting birds together
F. Prelims Facts
G. Tidbits
1. Melania Trump attends ‘Happiness Class’ in Govt School
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

E. Editorials

Category: POLITY AND GOVERNANCE

1. Rights, duties and the Constitution

Context:

  • In the recently held International Judicial Conference 2020, the Chief Justice of India drew attention to the Constitution’s Fundamental Duties chapter and stressed on the importance of citizens’ duties by citing Gandhi’s Hind Swaraj, which quotes that “real rights are a result of [the] performance of duty.

Background:

  • During the 18-month period state of emergency declared between 1975 and 1977, the government of the time enacted sweeping changes to the Constitution, through the 42nd Amendment.
  • The chapter on Fundamental Duties was introduced into the Indian constitution via the 42ndAmendment.
  • The Amendment’s Statement of Objects and Reasons stated that the amendments also proposed to specify the fundamental duties of the citizens and make special provisions for dealing with anti-national activities. One of the most notable aspects was that the government of the day tried to interlink two completely different aspects of Fundamental Duties and anti-national activities. The author of the article expresses concerns over the genesis of the idea of Fundamental Duties in such a condition.

Details:

  • The author of the article states that though on the outset the inter-relationship between duties and rights may seem reasonable, the merging of the ideas of rights and duties ought to be resisted. The author in the given article makes several arguments to justify his stand.

Portrays a negative image of the citizenry:

  • The idea that rights would only be granted subsequent to the performance of one’s duty seems to portray the citizens as being ungrateful and selfish, intent on only enjoying the benefits and unwilling to contribute to the cause of nation-building.
  • This stands contrary to the contributions of many Indians in nation-building. This negative image of the citizens needs to be guarded against.

Existing web of duties:

  • As citizens, there already exists a wide range of duties that bind everyone in everyday life. Citizens owe this duty to both the state, and to other individuals.
  • Citizens are bound by the legal duty to pay their taxes; citizens are bound to follow the laws enacted by the Parliament. The criminal law of the land refrains the citizens from committing violence against the fellow-citizens.
  • The breach of the legal duties triggers financial consequences in the form of fines, or even internment in serious cases.
  • Hence, at any given point of time, the citizens are already following a number of duties, which guides and constrains how they behave. This is based on the principle that peaceful co-existence requires a degree of self-sacrifice, and that if necessary, this must be enforced through a set of legal and binding sanctions.
  • There is no need for a separate chapter on fundamental duties.

The logic of rights:

  • Unlike duties, rights follow a different logic entirely. This could be best understood by understanding the evolution of the Fundamental Rights in the Indian context.
  • During the framing of the Indian Constitution and its chapter on Fundamental Rights, there were two important concerns in the Constituent Assembly. The twin principles of anti-dehumanization and anti-hierarchy were the transformative purpose of the fundamental rights chapter in the Indian Constitution.

Anti-dehumanization:

  • Under the colonial regime, Indians had been treated as passive subjects. The Indian interests did not count, their voices went unheard, and were treated inhumanely in many instances.
  • The framers of the Constitution had firsthand experience of the long and brutal history of colonialism and had also witnessed the horrors of the Holocaust.
  • The fundamental rights were therefore envisaged to stand as a defence against the dehumanization of the citizens.
  • Every human being irrespective of one’s gender, language, caste, religion, region, class have a claim to basic dignity and equality that the state cannot take away even in extreme situations. The non-performance of one’s duty could not be grounds for rejection of rights.

Anti-hierarchy:

  • At the time of independence, India was inheriting a deeply divided society along the lines of religion, caste, language and class. Apart from the oppression of the colonial regime, the people had also to bear the oppression imposed by the axes of gender, caste and religion over a long period of time. This oppression had kept large masses of individuals in subordinated and degraded conditions.
  • The fundamental rights were also envisaged to stand against the existing hierarchy in Indian society at the time of its independence.
  • Hence the fundamental rights chapter had exclusive provisions against forced labour, untouchability, against discriminatory access to public spaces.
  • The fundamental rights were meant to play an equalizing and democratizing role in society and aimed to guard the individuals against the discriminations.

Fundamental rights were based on the understanding that ensuring basic dignity and equality to all individuals alone could ensure true democracy. Only with these basic guarantees could an individual rise from the status of a subject to that of a citizen. The question of duties could arise only after the fulfilment of these basic rights.

The problem with interlinking rights and duties:

  • It is worth noting that the argument that rights should precede duties does not in any way mean that duties are unimportant.
  • The major issue is when there is interlinking between rights and duties.
  • The noted professor of History, Samuel Moyn observes in his article in ‘The Boston Review’ that the rhetoric of duties has often been deployed by some with the intention to ensure the societies return to old traditions which are based primarily on the interests of the collective and on limiting the rights of individuals. In this context, it is very critical to remember Dr B.R. Ambedkar’s words in the Constituent Assembly where he held that the fundamental unit of the Constitution remains the individual.
  • There are concerns that the emphasis on duties over rights may lead to unpleasant consequences. The unnecessary emphasis on duties over rights can end up further deepening the existing power structures. The already vulnerable and marginalized sections will have to bear the heavier burden of having to fulfil one’s duties without access to basic rights.

Conclusion:

  • While determining the precedence of duties or rights it is very important to consider the position of the individual in the constitutional scheme of things and the Constitution’s commitment to combating hierarchy.
  • The author of the article believes that since the Indian Constitution is looked upon as a charter of liberation, it is fundamentally about rights.
  • Only the full guarantee of humanity, dignity, equality, and freedom promised by the Constitution will enable the state to question the citizens on the fulfilment of their duties.
  • The author calls for the rephrasing of the quote used by the CJI from the Hind Swaraj to make it more suitable for the constitutional age. “Real duties are the result of the fulfilment of rights.”

2. More psychological than an empowering voter option

Context:

The recently-concluded Delhi Assembly elections.

Background:

  • A writ petition was filed by People’s Union for Civil Liberties (PUCL) in the Supreme Court. The Supreme Court of India directed the Election Commission to provide the option of the “None of the Above” (NOTA) vote in EVMs so that the voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy.
  • NOTA was first used in India in 2009. Chhattisgarh was the first state in India to give the option of NOTA to the voters in the local government elections.
  • NOTA button made its debut in Assembly elections in 2013 in four States — Chhattisgarh, Mizoram, Rajasthan and Madhya Pradesh and the National Capital Territory, Delhi.
  • India became the 14th country to institute negative voting through NOTA.

Significance of NOTA:

  • NOTA provides a democratic means to express resentment anonymously rather than boycotting the polls outright.  By expressing a preference for none of the above, a citizen can choose not to vote for any candidates who are contesting the elections.
  • Given the fact that it is essential that people of high moral and ethical values are chosen as people’s representatives for proper governance of the country, NOTA option is critical in this respect because it can compel political parties to nominate a sound candidate.
  • The 2017 book, “The Dramatic Decade: Landmark Cases of Modern India’ by Indu Bhan quotes several positive examples of NOTA.
    • A group of women activists in Kerala had run road campaigns urging people not to elect any candidate if no woman was present in the fray.
    • A youth group in Tamil Nadu that campaigned for NOTA as a protest vote against corruption.

Lacunae in NOTA:

  • NOTA in the Indian context is not a “right to reject” given the fact that the NOTA vote does not hold any electoral value as even if a majority of votes were cast for NOTA, the candidate with the largest vote share would still be the winner.
  • NOTA in India remains a toothless option as noted by former Chief Election Commissioner of India S.Y. Quraishi.

Attempts to improve:

  • There have been pleas to extend the scope of NOTA.
    • In 2018, the former CEC, T.S. Krishnamurthy, recommended holding elections again in those constituencies where the victory margin was less than the total numbers of NOTA.
    • A PIL has been filed in Madras High Court seeking the full right to reject in place of NOTA.
  • Positively, in June 2018, the Maharashtra State Election Commission (SEC) issued an order stating that in a scenario where the NOTA had received the highest number of valid votes, the said election for that particular seat shall be countermanded and a fresh election shall be held for such a post.
  • In November 2018, the SEC of Haryana further improvising, issued an order that from December 2018, NOTA would be treated like a “fictional candidate” in municipal polls. If NOTA gets the maximum vote, the elections will be cancelled and held afresh. The candidates securing votes less than NOTA would be barred from contesting in that re-election.

Statistics:

  • The Delhi Assembly elections were the 45th Assembly polls since the inception of the NOTA option. Delhi has had five elections with the NOTA option: three Assembly (2013, 2015, 2020), and two Lok Sabha (2014, 2019).
  • Though Delhi’s preference to NOTA is less than the national average, the data shows that roughly one in 200 voters of Delhi opted for NOTA in the last six to seven years, with relatively larger support for NOTA in reserved constituencies.
  • Interestingly, in the 2017 Gujarat Assembly elections, despite being 8%, NOTA got more votes than any political party other than the Indian National Congress and the Bharatiya Janata Party (except the Independents).
  • Again, in the 2019 Maharashtra Assembly election, NOTA became a runner-up in two constituencies — Latur (Rural) and Palus-Kadegaon.

Concerns with respect to the effectiveness of NOTA:

  • While introducing NOTA, the Supreme Court anticipated that there would be a systemic change and the political parties would be forced to accept the will of the people and field candidates who are known for their integrity.
  • Accordingly, the NOTA vote percentage should either increase to enforce the political parties to field candidates with integrity or should consistently decrease if the electorates feel that the system has achieved the desired level of cleansing.
  • However, the share of NOTA votes in India has remained around a meagre level of 1% on an average. It was 1.11% in the 2014 Lok Sabha, and is 1.08% in 2019, considering constituency-wise averages.
  • These statistics perhaps represents a confused state of mind of the Indian electorate.

Way forward:

Empowering the NOTA option:

  • If the ECI empowers NOTA with more powers in the lines of the moves of the State Election Commission of Haryana, it could help make the NOTA more effective in securing its intended outcome.

NOTB (‘none of the below’) instead of NOTA:

  • The author notes the psychological issue of placing the NOTA as the last button of all EVMs in the country. Quoting the works of noted academicians of political science the author calls for using NOTB (‘none of the below’) option instead of NOTA. The author believes that such an option as the first on the electronic voting machine may produce a significantly different outcome.

For more information on this issue refer to December 25th Comprehensive News Analysis.

 

Category: ENVIRONMENT AND ECOLOGY

1. Counting birds together

Context:

The State of India’s Birds Report 2020.

Details:

  • The State of India’s Birds Report 2020 represents the first collective attempt in India to understand and assess the avifauna of the country.
  • The data that has gone into this report has been collected by thousands of citizens. Significantly, the available data would also be in the public domain open for any researcher to use. This could help ensure a better public and scientific understanding of our biodiversity.

Concerns:

  • While there are several species, including globally threatened ones, whose populations are doing reasonably well, more bird species are showing declines in population than are showing population stability or increases.
  • During the last two decades, over half the species assessed have declined. This trend is even more pronounced in recent times, with nearly 80% of the species assessed showing declines over the last five years.
  • The recorded declines are particularly acute for certain groups of birds, including birds of prey, migrant shorebirds, birds of forests and grasslands, and endemic birds of the Western Ghats.
  • To the list of 67 globally threatened Indian bird species previously identified by the IUCN (as critically endangered, endangered or vulnerable), the report adds 34 more species. The number of species of high conservation concern in India is now 101.
  • The report seems to suggest that more bird species deserve immediate conservation efforts than previously thought.

For more information on this topic refer to Feb 19th Comprehensive News Analysis.

F. Prelims Facts

Nothing here for today!!!

G. Tidbits

1. Melania Trump attends ‘Happiness Class’ in Govt School

What’s in News?

The First Lady of the United States, Melania Trump participated in a “happiness class” at a Delhi government school and said that she found it very inspiring. The First Lady visited Sarvodaya Co-ed Senior Secondary School at South Moti Bagh which is one of the Delhi government’s model schools.

  • The happiness curriculum was introduced by the Delhi government in 2018.
  • Under the happiness curriculum that is being followed by the school, the students begin each day by practising mindfulness, by reading stories, listening to stories shared by other classmates and connecting with nature.

The First Lady of the United States expressed that the school exemplifies that promoting values of kindness, compassion and respect can bring about positive change within the communities and thanked all the educators at the school for providing a promising future for the students.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements:
  1. Bharat Stage norms are based on European emission norms and were introduced in the year 2017.
  2. In BS-IV, petrol and diesel contain 10 parts per million (ppm) of sulphur.
  3. India skipped Bharat Stage (BS) V norms.

Which of the given statement/s is/are incorrect?

a. 1 only
b. 1 and 2 only
c. 2 and 3 only
d. 2 only

See
Answer

Answer: b

Explanation:

Bharat Stage norms are based on European emission norms and were introduced in the year 2000. The Bharat Stage IV norms were enforced in the entire country in April 2017. The government, in a move to fight pollution, will implement Bharat Standard (BS)-VI emission norms by April 1, 2020. India skipped Bharat Stage (BS) V norms.

Sulphur content:

  • India adopted Euro-III equivalent (or Bharat Stage-III) fuel with a sulphur content of 350 ppm in 2010 and then took seven years to move to BS-IV that had a sulphur content of 50 ppm.
  • Transition from BS-IV to BS-VI took just three years.
  • In BS-VI, petrol and diesel contain just 10 parts per million (ppm) of sulphur. 
Q2.Consider the following statements with respect to FATF:
  1. “FATF grey list” is formally called “High-risk and non-cooperative countries, not committed to an action plan”.
  2. FATF also addresses the issues related to low tax jurisdiction or tax competition in addition to issues pertaining to the laundering of proceeds of crimes and the financing of terrorism.

Which of the given statement/s is/are correct?

a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

See
Answer

Answer: d

Explanation:

  • “FATF black list” is formally called “High-risk and non-cooperative countries, not committed to an action plan”.
  • “FATF grey list” is formally called “Other monitored jurisdictions”.
  • The FATF does not address the issues related to low tax jurisdiction or tax competition. The FATF mandate focuses only on the fight against laundering of proceeds of crimes and the financing of terrorism.
Q3. Consider the following statements with respect to “Masala Bonds”:
  1. Masala bonds are Rupee denominated domestic bonds.
  2. The first Masala bond was issued by the International Finance Corporation (IFC).

Which of the given statement/s is/are incorrect?

a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

See
Answer

Answer: a

Explanation

Masala bonds are bonds issued outside India but denominated in Indian Rupees, rather than the local currency. In 2013, the first masala bonds were issued by the International Finance Corporation (IFC), an arm of the World Bank. IFC then named them Masala bonds to give a local flavour by calling to mind Indian culture and cuisine.

Q4. Which of the following is/are correctly matched?
  1. Lotus Revolution: Egypt
  2. Pearl Revolution: Tunisia
  3. Jasmine Revolution: Bahrain

Choose the correct option:

a. 1 and 3 only
b. 2 only
c. 1 only
d. 1, 2 and 3 only

See
Answer

Answer: c

Explanation:

Lotus Revolution: Egypt

Pearl Revolution: Bahrain

Jasmine Revolution: Tunisia

I. UPSC Mains Practice Questions

  1. The quote from Mahatma Gandhi’s book Hind Swaraj, “real rights are a result of the performance of duty” seems anachronistic in the present constitutional age. Comment. (10 marks, 150 words)
  2. Discuss the significance of NOTA option in Indian elections. Analyze if NOTA has been able to justify its intended purpose. Suggest steps to enhance the effectiveness of the NOTA option. (15 marks, 250 words)

 

Read previous CNA.

26th FEB 2020 CNA:- Download PDF Here

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