17-July-2024-Daily-Current-Affairs

KARNATAKA BILL MANDATING 50% QUOTA FOR LOCALS IN MANAGEMENT POSITIONS 

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU 

The Karnataka Cabinet has approved a significant legislative measure to ensure local representation in industrial employment.  

This bill aims to prioritize local candidates in management and non-management positions within various establishments across the state. 

Key Provisions of the Bill 

Quota Allocation: 

• Management Positions: 50% reservation for local candidates. 

• Non-Management Positions: 75% reservation for local candidates. 

Definition of Local Candidate: 

• Birth and Domicile: Individuals born in Karnataka and domiciled in the state for at least 15 years. 

• Language Proficiency: Must be capable of speaking, reading, and writing Kannada legibly. 

• Educational Requirement: Must hold a secondary school certificate with Kannada as a language or pass a Kannada proficiency test conducted by a nodal agency. 

Implementation Measures: 

• If suitable local candidates are unavailable, industries must collaborate with the government to train local candidates within three years. 

Constitutional Provisions on Reservation 

• Article 16: Guarantees equality of opportunity in matters of public employment. 

• Article 16(4): Permits reservation for any backward class of citizens which, in the opinion of the state, is not adequately represented in public services. 

Precedents and Judicial Interpretations 

• Example: Haryana’s law mandating 75% reservation for locals in private sector jobs faced challenges but aimed at similar goals of local employment enhancement. 

• Supreme Court Judgment: The Supreme Court has emphasized that any reservation policy should not compromise the overall efficiency of administration (Article 335). It has also ruled that excessive reservation may violate the principles of equality. 

Positives 

• Economic Growth: Boosts local economy by increasing employment opportunities for residents. 

• Social Stability: Reduces migration and associated social issues by providing jobs to locals. 

• Cultural Integration: Encourages the use and preservation of local language and culture. 

• Political Support: Gains political favor among local populace by addressing unemployment concerns. 

Negatives 

• Reduced Meritocracy: May limit opportunities for the most qualified candidates, potentially affecting industry efficiency. 

• Economic Disparity: Could discourage investment from outside the state, affecting overall economic growth. 

• Implementation Challenges: Difficulty in finding qualified local candidates may lead to operational inefficiencies. 

• Legal Challenges: Potential conflicts with constitutional provisions on equality and non-discrimination. 

Necessity of Skill Enhancement and Skill Census 

• Skill Enhancement: Essential to ensure that local candidates meet industry standards and can contribute effectively to the workforce. 

• Skill Census: Necessary to assess the current skill levels within the state, identify gaps, and tailor training programs to address these deficiencies, ensuring that the local workforce is adequately prepared for available job opportunities. 

MANDAL CASE: 

 

Background: The Mandal Commission was set up in 1978 by the Janata Party government to identify Socially and Educationally Backward Classes (SEBCs) in India and recommend measures for their upliftment. 

Recommendations: The Commission submitted its report in 1980, recommending a 27% reservation for OBCs in government jobs and educational institutions. 

Controversy: The implementation of the recommendations in 1990 by the V.P. Singh government led to widespread protests, particularly from forward caste groups who argued that it violated the principle of equality. 

Indira Sawhney vs Union of India: A legal challenge against the reservation policy was mounted in the Supreme Court in the case of Indra Sawhney vs Union of India (1992). 

Supreme Court Judgement: The Supreme Court upheld the Mandal Commission’s recommendations, recognizing caste as a valid indicator of social backwardness. However, it introduced certain conditions, including the exclusion of the “creamy layer” (wealthy individuals) from OBC reservations and a cap of 50% on total reservations. 

 

Conclusion 

The Karnataka Bill aims to improve local employment opportunities and address regional disparities by prioritizing local representation in the workforce. While this legislative move enhances local participation and can positively impact the local economy, it also poses challenges to efficiency and management within industries. To ensure that the benefits outweigh the drawbacks, it is crucial to establish comprehensive guidelines that balance the need for local representation with the industry’s demand for skilled and competent candidates. 

Multiple choice question: 

1. Consider the following statements:

1. The Mandal Commission was established in 1979 by the Janata Party government under Prime Minister Morarji Desai. 

1. The Mandal Commission recommended 27% reservation for Other Backward Classes (OBCs) in government jobs and educational institutions. 

1. The Supreme Court, in the Indra Sawhney judgment, introduced the concept of the “creamy layer” within OBCs to exclude the more advanced members from the reservation benefits. 

Which of the statements given above is/are correct? 

1. 1 and 2 only 

1. 2 and 3 only 

1. 1 and 3 only 

1. 1, 2 and 3 

ANSWER: D 

EXPLANATION: refer box material 

TRYING JUVENILES AS ADULTS 

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU 

In May, a tragic incident in Pune involving a speeding car driven by a teenager, which resulted in the deaths of two young techies, reignited the debate on juvenile justice.  

The Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015, initially provided lenient bail conditions for the adolescent, leading to public outcry and a review of his detention status. 

Initial Handling of the Case: 

• The Juvenile Justice Board (JJB) initially granted bail to the adolescent under lenient conditions. 

• Public backlash and allegations of privilege influencing the investigation led to the modification of the order, detaining the adolescent in an Observation Home. 

• The Bombay High Court later ordered his release, citing adherence to due process. 

Provisions of the JJ Act: 

• Possibility of Adult Trial: Adolescents above 16 can be tried as adults for “heinous” offences, defined as those with a minimum punishment of seven years. 

• Serious Offences: The 2021 amendment categorized offences with no minimum sentence but a maximum of more than seven years as “serious offences,” which do not warrant transfer to adult courts. 

Arguments Against Trying Juveniles as Adults: 

• Developmental Considerations: Adolescence is characterized by immature judgment and underdeveloped impulse control, making rehabilitation crucial. 

• Global Practices: Approaches in Indonesia and the U.S. involve offenders facing victims or their families, promoting accountability and reducing recidivism. 

• Victim Impact Panels: Programs requiring offenders to hear from victims’ families have shown positive outcomes in reducing repeat offences. 

Rehabilitation Focus: 

• The JJ Act emphasizes rehabilitation and social reintegration over punishment. 

• Juvenile Justice Boards (JJBs) can prescribe interventions like therapy, education, and de-addiction. 

Challenges and Implementation: 

• The current juvenile justice system is seen as lenient, but the core issue lies in the failure to fully implement its rehabilitative principles. 

• Proper guidelines and robust implementation are necessary to balance accountability and rehabilitation. 

Salil Bali vs. Union of India (2013) 

• Context: This case challenged the constitutional validity of certain provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, particularly concerning the age of juveniles. 

• Supreme Court’s Ruling: The Supreme Court upheld the provisions of the JJ Act, stating that children below the age of 18 should be treated as juveniles, in line with international conventions and India’s commitment to rehabilitate and reintegrate young offenders rather than punish them as adults. 

Dr. Subramanian Swamy & Others vs. Raju through Member Juvenile Justice Board & Another (2013) 

• Context: This case arose in the aftermath of the 2012 Delhi gang rape, where one of the accused was a juvenile. There was significant public and legal debate about whether juveniles involved in heinous crimes should be tried as adults. 

• Supreme Court’s Ruling: The Court did not mandate lowering the age of juveniles from 18 to 16 but suggested that the legislature could consider this issue. The case highlighted the tension between public opinion and legal principles regarding juvenile justice. 

Shilpa Mittal vs. State of NCT of Delhi (2020) 

• Context: This case involved the interpretation of the term “heinous offences” under the Juvenile Justice (Care and Protection of Children) Act, 2015. 

• Supreme Court’s Ruling: The Court clarified that offences where the maximum sentence is more than seven years but no minimum sentence is prescribed (e.g., culpable homicide not amounting to murder) should be treated differently from “heinous offences.” The ruling aimed to ensure that juveniles are not transferred to adult courts unless the nature of the offence warrants such treatment. 

Conclusion 

While the intent behind trying juveniles as adults is to address severe crimes and ensure accountability, it overlooks the fundamental principles of rehabilitation central to the juvenile justice system. Effective implementation of the JJ Act, focusing on holistic rehabilitation and addressing the root causes of juvenile delinquency, is essential. Establishing proper guidelines and balancing the need for justice with the potential for rehabilitation will create a more effective and fair juvenile justice system. ​ 

MONEY BILL: CONSTITUTIONAL PROVISIONS AND RECENT ISSUES 

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: INDIAN EXPRESS 

The Supreme Court is set to address petitions challenging the classification of certain bills as “Money Bills.” This matter has gained significance due to several contentious legislations being passed through the Money Bill route, bypassing the Rajya Sabha. 

Definition and Constitutional Provisions 

• As per Article 110 of the Constitution, a Money Bill pertains exclusively to financial matters such as taxation, borrowing, or expenditure from the Consolidated Fund of India. 

• A Money Bill can only be introduced in the Lok Sabha. 

Legislative Process: 

• After passing in the Lok Sabha, the Money Bill is sent to the Rajya Sabha for recommendations, which must be provided within 14 days. 

• The Lok Sabha may accept or reject these recommendations. If the Rajya Sabha fails to return the Bill within 14 days, it is deemed passed. 

Certification by Speaker: 

• The Speaker of the Lok Sabha certifies whether a bill is a Money Bill, and this decision is final. 

Recent Issues and Cases 

• Aadhaar Act, 2016: The Supreme Court upheld the classification of the Aadhaar Bill as a Money Bill, despite dissenting opinions about its constitutional validity. 

• Finance Act, 2017: Included provisions unrelated to financial matters, such as changes to the service conditions of tribunal members. 

• This classification as a Money Bill was challenged, and the Supreme Court referred the issue to a larger bench. 

• Prevention of Money Laundering Act (PMLA) Amendments: Amendments through the Finance Act, 2018, affecting bail conditions were passed as a Money Bill, raising concerns about the misuse of this route. 

KEY SUPREME COURT CASES ON MONEY BILLS 

Aadhaar Act Case (2018): 

• Upheld the Aadhaar Act as a Money Bill with a 4:1 majority. 

Finance Act Case (2017): 

• Supreme Court referred the matter to a larger bench due to inclusion of non-financial provisions. 

PMLA Amendments: 

• Challenge pending due to restrictive bail conditions introduced via Money Bill route. 

Conclusion 

The classification and passage of Money Bills have led to significant legal and constitutional debates. While the route ensures swift legislative action on financial matters, it also raises issues of legislative propriety and the balance of power between the two Houses of Parliament. Proper guidelines and judicial scrutiny are essential to maintain this balance and uphold constitutional integrity. 

Multiple choice question: 

Q Consider the following statements regarding the Finance Bill and the Money Bill in the Indian Parliament: 

1. The Rajya Sabha can amend or reject a Finance Bill when it is transmitted by the Lok Sabha. 

1. The Rajya Sabha cannot amend or reject a Money Bill; it can only make recommendations to the Lok Sabha. 

1. There is no provision for a joint sitting of both houses in case of disagreement over a Money Bill, whereas a joint sitting is required in case of disagreement over a Finance Bill. 

Which of the statements given above are correct? 

1. 1 and 2 only 

1. 2 and 3 only 

1. 1 and 3 only 

1. All of the above 

ANSWER – B 

EXPLANATION: 

The Rajya Sabha cannot amend or reject a Finance Bill. A Finance Bill is treated similarly to a Money Bill in terms of the powers of the Rajya Sabha. It can only make recommendations, which the Lok Sabha may accept or reject. 

Article 110 of the Constitution states that a Money Bill can only be introduced in the Lok Sabha, and after passing in the Lok Sabha, it is transmitted to the Rajya Sabha for its recommendations. The Rajya Sabha cannot amend or reject a Money Bill; it can only suggest changes which the Lok Sabha may accept or reject. 

There is no provision for a joint sitting in case of disagreement on a Money Bill. The decision of the Lok Sabha is final. However, for ordinary bills (which could include other types of Finance Bills not classified as Money Bills), if there is a deadlock, a joint sitting of both Houses can be called to resolve the disagreement. 

WITH TWO NEW JUDGES, SUPREME COURT BACK TO ITS FULL JUDICIAL STRENGTH 

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU 

The recent appointments of Justices N. Kotiswar Singh and R. Mahadevan to the Supreme Court mark a significant milestone in judicial diversity and representation. Recommended by a five-member Supreme Court Collegium and appointed by President Droupadi Murmu, these appointments restore the apex court to its full strength of 34 judges. 

Significance of the Appointments: 

• These appointments are crucial in maintaining the Supreme Court’s functionality at full capacity, ensuring timely adjudication of cases and effective governance of the judiciary. 

• They highlight the judiciary’s role in fostering diversity and inclusivity, crucial for upholding constitutional principles and fostering public trust in judicial institutions. 

• The collegium’s deliberations emphasize the importance of meritocracy and regional representation, addressing both legal expertise and demographic inclusiveness. 

The Indian Constitution doesn’t directly specify who decides the strength (number of judges) of the Supreme Court. However, two articles provide the framework for determining it: 

Article 124(1): This article establishes the Supreme Court and states: 

• “There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.” 

• This clarifies that the Parliament has the authority to decide the number of judges in the Supreme Court, exceeding the initial limit of seven, through a law. 

Parliamentary Legislation:  

• Based on Article 124(1), the Parliament has enacted the Supreme Court (Number of Judges) Act. This act specifies the current number of judges in the Supreme Court. The act can be amended by the Parliament to increase or decrease the number of judges as deemed necessary. 

HOW JUDGES ARE APPOINTED TO THE SUPREME COURT OF INDIA 

• Collegium System:  The  collegium system, though not explicitly mentioned in the Constitution, is the primary mode for recommending judges. It consists of the Chief Justice of India (CJI) and the four most senior judges of the Supreme Court. 

• Initiating the Process: The collegium considers suitable candidates for vacancies in the Supreme Court.  

These candidates can be: 

• Existing High Court judges with at least 5 years of experience. 

• Distinguished jurists with a legal background of 10 years or more. 

• Recommendation to Government: The collegium recommends a suitable candidate(s) to the Central Government. This recommendation is typically sent to the Ministry of Law and Justice. 

Government’s Role:  

• The Government has the power to accept or reject the collegium’s recommendation. However, it’s expected to provide substantial reasons for rejecting a candidate. In case of rejection, the collegium can reiterate its recommendation, and if the government persists, a situation may arise where the judiciary and the executive disagree. 

President’s Appointment: 

Ultimately, the President of India appoints the judges based on the recommendation of the collegium, after considering the relevant advice. 

Conclusion: 

In conclusion, the appointments of Justices N. Kotiswar Singh and R. Mahadevan to the Supreme Court not only restore its full judicial strength but also mark a significant stride towards enhancing diversity and regional representation within India’s highest judicial body. These nominations reflect the judiciary’s commitment to inclusivity and meritocracy, crucial for upholding justice and maintaining public confidence in the legal system. 

Multiple choice question: 

1. Consider the following statements about the appointment of judges in India:

1. The collegium system is mandated by the Constitution of India. 

1. The Parliament has the power to increase the number of judges in the Supreme Court. 

1. The recommendations of the collegium for appointment of Supreme Court judges are binding on the Government. 

Which of the statements given above is/are correct? 

1. 1 only 

1. 2 only 

1. 2 and 3 only 

1. None of the above 

ANSWER: B 

EXPLANATION: 

The collegium system is not directly mandated by the Constitution. It has evolved through Supreme Court judgments. 

Article 124(1) of the Constitution empowers Parliament to determine the number of judges in the Supreme Court through legislation. 

The Government is not bound to accept the collegium’s recommendations. However, it is expected to provide valid reasons for rejection. 

E-COMMERCE EXPORT FRAMEWORK BY SEPTEMBER 

TOPIC: (GS3) ECONOMY – SOURCE: ECONOMIC TIMES 

The Commerce Ministry is formulating a regulatory framework to enhance India’s e-commerce exports. This move aims to position India as a global leader in e-commerce exports, tapping into one of the fastest-growing mediums for international trade. 

Framework Development: 

• To be ready by September. 

• Focus on boosting e-commerce exports. 

Industry Focus: 

• Dominated by small businesses exporting products valued between $25 and $1,000. 

• Includes handicrafts, art, books, ready-made garments, gems, and jewellery. 

Growth Potential: 

• India’s e-commerce exports could reach $350 billion by 2030. 

• Potential for faster growth compared to the early 2000s. 

Current Challenges: 

• Existing e-commerce export provisions are tailored for B2B exports, posing burdens on small firms. 

• Need to address logistics and marketplace platform regulations. 

Global Insights: 

• Recommendations from successful e-commerce policies in countries like China, Korea, and Japan. 

Conclusion 

The new regulatory framework for e-commerce exports is expected to bolster India’s position in the global market. By addressing existing challenges and learning from international best practices, India aims to achieve significant growth in this sector. 

CHANDPUR VIRUS INFECTION AND CHILD DEATHS IN GUJARAT 

TOPIC: (GS3) SCIENCE AND TECHNOLOGY – SOURCE: INDIAN EXPRESS 

The Gujarat government recently reported the deaths of six children due to suspected Chandipura virus (CHPV) infection. This viral infection has posed significant health concerns, particularly affecting young children. 

What is CHPV Infection? 

Virus Family: 

• CHPV belongs to the Rhabdoviridae family, which includes viruses like rabies. 

• Spread by sandfly species (e.g., Phlebotomine sandflies) and mosquitoes (e.g., Aedes aegypti). 

Transmission: 

• Virus resides in the salivary glands of vectors. 

• Transmitted to humans or vertebrates through bites. 

• Reaches the central nervous system, causing encephalitis. 

Symptoms of CHPV Infection 

Initial Symptoms: 

• Flu-like symptoms: fever, body ache, headache. 

• Can progress to altered sensorium, seizures, and encephalitis. 

Advanced Symptoms: 

• Respiratory distress, bleeding tendencies, organ failure. 

• Rapid progression, leading to death within 24-48 hours in severe cases. 

Management of CHPV Infection 

Treatment: 

• Symptomatic management; no specific antiviral therapy. 

• Intensive care and supportive treatment necessary. 

Challenges: 

• Early detection is crucial as symptoms rapidly worsen. 

• Affected Regions and Historical Context 

Geographical Spread: 

• First identified in Maharashtra (1965). 

• Major outbreaks in Maharashtra and Gujarat (2003-04). 

Current Scenario: 

• High endemicity in central India. 

• Recent cases in Ahmedabad’s tribal and peripheral areas. 

Changes in Disease Pattern 

• Shifts in disease manifestation and vector behavior. 

• Increased susceptibility in children under 15. 

Conclusion 

The Chandipura virus poses a significant health threat, especially to young children. Understanding its transmission, symptoms, and management is crucial for effective response and prevention. Ongoing surveillance and research are essential to mitigate the impact of this deadly virus. 

FishMIP INITIATIVE 

TOPIC: (GS3) ENVIRONEMNT – SOURCE: INDIAN EXPRESS 

The Ecosystem Model Intercomparison Project (FishMIP) reported that exploitable fish biomass could decline by more than 10% by mid-century, especially under high-emission scenarios, affecting many regions worldwide. 

                               

About FishMIP Initiative 

• Launched in 2013: Fisheries and Marine Ecosystem Model Intercomparison Project (FishMIP) started in 2013. 

• Purpose: Provides knowledge to industry and governments to support adaptive and resilient seafood sectors under climate change. 

• Global Network: Includes over 100 marine ecosystem modellers and researchers from around the world. 

• Collaboration with FAO: FishMIP works with the Food and Agriculture Organization (FAO) to understand long-term climate change impacts on marine ecosystems and fisheries using advanced numerical models. 

• FishMIP2.0: Established in 2024 to improve the reliability of modeling projections and address broader policy-related questions relevant to food security and marine resource management, with a focus on climate change. 

Key Facts about Food and Agriculture Organization (FAO) 

• Specialized UN Agency: FAO is a specialized agency of the United Nations that leads efforts to defeat hunger and improve nutrition and food security globally. 

• Goal: Achieve food security for all, ensuring people have regular access to high-quality food for healthy, active lives. 

• Membership: 195 members, including 194 countries and the European Union. 

• Sister Bodies: Works alongside the World Food Programme (WFP) and the International Fund for Agricultural Development (IFAD). 

• Reports Published: Includes The State of the World’s Forests (SOFO), The State of World Fisheries and Aquaculture (SOFIA), The State of Agricultural Commodity Markets (SOCO), and The State of Food Security and Nutrition in the World (SOFI). 

• Headquarters: Located in Rome, Italy. 

VISHALGAD FORT 

TOPIC: (GS1) HISTORY – SOURCE: THE HINDU 

The anti-encroachment drive at Vishalgad Fort turned violent, with miscreants attacking local shopkeepers and police. 

About Vishalgad Fort 

• Location: Ancient fort in Vishalgad village, Kolhapur district, Maharashtra. 

• Other Names: Known locally as Khelna or Khilna. 

• Significance: An important fort of the Maratha Empire. 

History 

• Built in 1058: Constructed by Shilahara king Marsinh, initially named Khilgil. 

• 1209 Capture: Seuna Yadavas of Devagiri defeated Shilaharas and took the fort. 

• 1309 Khilji Rule: Allauddin Khilji defeated Seuna Yadavas, incorporating the fort into the Khilji dynasty. 

• Subsequent Rule: Controlled by the Vijayanagar Empire, then the Adilshahi dynasty. 

• 1659 Shivaji’s Capture: Shivaji captured and renamed it ‘Vishalgad,’ meaning grand fort. 

• Maratha Empire: Capital of a large region with 90 towns and villages in Kolhapur and Ratnagiri districts. 

Features 

• Size and Location: Covers 1130 m, built on a hilltop in the Sahyadri mountain ranges at 3500 feet above sea level. 

• Notable Sites: 

• Dargah of Hazrat Sayed Malik Rehan Meera Saheb: A popular tourist attraction. 

• Temples: Includes Amruteshwar Temple, Shri Nrusinha Temple, and Sati’s Vrindavan. 

• Tombs: Dedicated to Phulaji Prabhu Deshpande and Baji Prabhu Deshpande, loyalists of Shivaji.