17-May-2024-Daily-Current-Affairs

STATE CANNOT ACQUIRE PROPERTY WITHOUT PROPER PROCEDURE: SC

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

The Supreme Court ruled that the state cannot acquire private property for public use without following mandatory procedures.

• Even with compensation, acquisition without proper procedure is unconstitutional.

Right to Property:

• The right to property is a constitutional right and is also seen as a human right.
• This right is protected under Article 300A, which states that property cannot be taken without legal authority.

Procedural Requirements:

• The judgment highlighted that possessing eminent domain power and providing compensation is insufficient without due process.

Seven Procedural Rights:

• Notice: The state must inform the property owner of the intent to acquire the property.
• Hearing: The state must allow the property owner to present objections.
• Reasoned Decision: The state must provide a clear decision on the acquisition.
• Public Purpose: The state must prove the acquisition is solely for public use.
• Fair Compensation: The property owner must receive fair compensation.
• Efficient Process: The state must conduct the acquisition efficiently and within set timelines.
• Physical Possession: The process is complete only when the state takes physical possession of the property.

RIGHT TO PROPERTY –AND THE 44TH AMENDMENT OF 1978

Supreme Court’s Observation:

• In 1967, the right to property was a fundamental right under Article 31.

Provisions of Article 31:

• Article 31(2): The government could only acquire private property for public use after providing due compensation.
• Article 31(1): The government could not take private property through an executive order; it required legal authority.

Challenges Faced:

• These laws impeded public infrastructure projects and agrarian reforms, as people often challenged land acquisitions in court.

Constitutional Amendment:

• The 44th Amendment in 1978 addressed these challenges.
• This amendment removed the right to property from the list of fundamental rights in the Constitution.

Changes Made:

• Article 31 and Article 19(1)(f): Both were removed from Part III, which pertains to fundamental rights.

Current Legal Framework:

• The Supreme Court emphasized that the state must adhere to legal authority and due process when acquiring private property.
• This requirement is outlined in Article 300A, ensuring property can only be taken under the authority of law.

Conclusion:

Payment of compensation alone does not complete the acquisition; actual possession is required.

The Calcutta High Court’s decision, which included a penalty for improper acquisition, was upheld by the Supreme Court.

Multiple choice question:

1. What is the Current Status of the Right to Property in India?
2. A legal right available only to citizens
3. A legal right available to any person
4. A fundamental right available only to citizen
5. Neither a fundamental right nor a legal right

ANSWER: B

EXPLANATION

The right to property is a legal right available to any person, not just citizens.

Originally, the right to property was a fundamental right under Article 31 of the Indian Constitution, which ensured the right to private ownership and the right to enjoy and dispose of property.

It also mandated compensation for property acquired for public purposes.

However, the 44th Amendment of the Constitution in 1978 redefined this right.

This amendment removed Article 31 and Article 19(1)(f) and introduced Article 300A, stating that no person shall be deprived of their property except by the authority of law.

Thus, while it is no longer a fundamental right, the right to property remains protected as a legal right applicable to everyone. Option B is correct.

CAN PARTIES BE DE-RECOGNISED OR DE-REGISTERED?

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

The Election Commission of India (ECI) enforces the Model Code of Conduct (MCC) to ensure fair elections. Recently, the ECI stressed that star campaigners should set a positive example and avoid disrupting societal harmony.

This has sparked a debate on the ECI’s authority to handle MCC violations and the regulation of political parties in India.

Election Commission’s Report:

• The ECI expects star campaigners to set a good example and avoid disrupting societal harmony.
• There is ongoing debate about the ECI’s authority to address MCC violations.

Registered Parties:

• As per Section 29A of the RP Act, 1951, parties must submit a memorandum/constitution to register.
• This document must pledge allegiance to the Constitution, socialism, secularism, democracy, and India’s sovereignty, unity, and integrity.

Benefits for Registered Parties:

• Tax exemptions on donations (Section 13A, Income Tax Act, 1961).
• Common election symbol for general elections.
• Twenty-star campaigners for election campaigns.

Statistics:

• There are 2,790 active registered political parties in India.

Recognised Parties:

• A registered party can be a Registered Unrecognised Political Party (RUPP).
• Recognition as ‘national’ or ‘State’ party is based on performance in elections (number of seats won or percentage of votes obtained).

Benefits for Recognised Parties:

• Reserved election symbol.
• Forty-star campaigners.
• Statistics:
• Currently, there are six national parties and sixty-one State parties.

Non-Participation:

• Less than a third of RUPPs participate in elections.
• The RP Act does not allow the ECI to de-register parties for not contesting elections or other failures.

Supreme Court Ruling (2002):

• ECI can only de-register parties in cases of fraud, lack of constitutional allegiance, or if declared unlawful by the government.
• RUPPs not contesting elections may misuse tax exemptions and donations.

MCC Violations:

• Prohibited Actions:Using caste/communal feelings, bribery, or voter intimidation.
• ECI’s Limited Actions:Usually, leaders are barred from campaigning for short periods.

Recommendations:

• Amend the law to allow ECI to de-register inactive parties (ECI memorandum 2016).

Law Commission Report (2015):

• Amendments to deregister parties not contesting elections for 10 consecutive years.

Strict Enforcement:

Use Paragraph 16A of the Symbols Order to suspend or withdraw party recognition for MCC violations or non-compliance with ECI directives. This power has been used sparingly, with only one known suspension in 2015.

REGISTERED UNRECOGNISED POLITICAL PARTIES (RUPP):

These parties are either newly registered, have not secured enough votes in elections to become a state party, or have never contested elections since registration.

• RUPPs do not enjoy all the benefits that recognised parties do.

Symbol Allocation:

• RUPPs are provided common symbols under the Symbols Order, 1968.
• The privilege of a common symbol is granted if RUPPs commit to fielding at least 5% of the total candidates in a state legislative assembly election.
• There is a possibility that RUPPs may occupy political space and benefit from entitlements without actually contesting elections, crowding out active political parties and confusing voters.

Recognised Political Party:Criteria for Recognition:

• A political party can be recognised as either a National party or a State party if it meets specific conditions.
• To gain recognition, a party must secure a minimum percentage of valid votes or a certain number of seats in the state legislative assembly or Lok Sabha in the most recent election.

Benefits:

• Recognised parties are entitled to several privileges, including:
• Allocation of party symbols.
• Time for political broadcasts on state-owned television and radio.
• Access to electoral rolls.

Powers of the Election Symbols (Reservation and Allotment) Order, 1968

Dispute Resolution:

• The Election Commission (EC) can resolve disputes between rival factions of a recognised political party claiming the party’s name and symbol.
• The EC is the sole authority to decide on disputes or mergers under this order.
• The Supreme Court upheld the validity of this provision in the 1971 case of Sadiq Ali and another vs. ECI.
• This authority applies to disputes within recognised national and state parties.
• For splits within registered but unrecognised parties, the EC typically advises factions to resolve their differences internally or seek court intervention.

EC’s Role in Disputes:

In most disputes handled by the EC, a clear majority of party delegates, office bearers, MPs, and MLAs have supported one faction over the other.

Multiple choice question:

1. Consider the Following Statements:
2. In India, there is no law restricting candidates from contesting in one Lok Sabha election from three constituencies.
3. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
4. According to current rules, if a candidate contests in one Lok Sabha election from multiple constituencies and wins in all, their party must bear the cost of bye-elections in the vacated constituencies.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. 1 and 3
4. 2 and 3

ANSWER- B

EXPLANATION:

Statement 1 is Incorrect. The Representation of the People Act, 1951, was amended in 1996 to limit candidates to contesting from a maximum of two constituencies in Lok Sabha and Assembly elections.

Statement 2 is Correct. In the 1991 Lok Sabha election, Shri Devi Lal contested from three constituencies: Sikar, Rohtak, and Ferozepur.

Statement 3 is Incorrect. When a candidate contests and wins in multiple constituencies, they must vacate all but one seat, leading to by-elections. The financial burden of these by-elections falls on the public exchequer, not the candidate’s party.

SC VERDICT ON NEWSCLICK SHOWS ADHERENCE TO DUE PROCESS IS MUCH MORE THAN A PROCEDURAL REQUIREMENT

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

The recent judgment by Justices Sandeep Mehta and B R Gavai underscores the importance of due process in safeguarding individual rights in India.

• Due process ensures fairness, reasonableness, and non-arbitrariness in state actions.

Historical Background:

• The concept of due process originated in the Magna Carta in 1215, emphasizing procedural rights for nobles.
• The term “due process” was introduced in the American Constitution’s Fifth Amendment in 1791, guaranteeing fairness and protection of life and liberty.
• In India, the due process clause was initially included in the draft Constitution but was later omitted in favor of “procedure established by law.”

Constituent Assembly Debates:

• Initially, the Constituent Assembly considered including the due process clause in Article 21 but eventually opted for “procedure established by law.”
• Concerns were raised about the potential abuse of power and routine detentions without due process guarantees.
• Despite efforts to reintroduce due process in Article 22, the final draft of the Constitution lacked explicit provisions for due process.

Judicial Interpretation:

• Initially, the Supreme Court leaned towards a narrow interpretation of “procedure established by law.”
• However, in subsequent rulings like Maneka Gandhi (1978), due process was judicially recognized as part of the right to life and personal liberty.
• The 44th Amendment (1978) made the right to life and personal liberty non-derogable even during emergencies.

Contemporary Challenges:

• Despite judicial recognition of due process, India still grapples with stringent preventive detention laws.
• Concerns remain about the abuse of power and the need for strict adherence to procedural requirements.
• Efforts to notify provisions of the 44th Amendment on preventive detention are still pending, highlighting ongoing challenges in upholding due process.

Conclusion:

Upholding due process is essential for safeguarding individual rights and ensuring fairness in state actions.

While progress has been made through judicial interpretation, challenges persist in addressing issues related to preventive detention and procedural safeguards.

UNDERSTANDING ARTICLE 21: PROTECTION OF LIFE AND PERSONAL LIBERTY

Article 21 Overview:

Article 21 of the Indian Constitution safeguards the fundamental rights to life and personal liberty.

It states that no person can be deprived of their life or personal liberty except by following the procedure established by law.

Difference Between Procedure Established by Law and Due Process of Law:

Procedure Established by Law:

• Followed in legal systems like India.
• Government actions are valid if they comply with the procedures set by law, regardless of fairness or justice.
• Doesn’t consider whether laws are fair or just.

Due Process of Law:

• Common in countries like the USA.
• Requires not only compliance with legal procedures but also ensures fairness, justice, and non-arbitrariness in laws and actions.
• Provides individuals with rights to be heard, present evidence, and fair treatment.

Significance of Due Process:

• Due process ensures fair treatment and protects against arbitrary government actions.
• It checks the fairness and justice of laws, preventing unjust deprivation of life, liberty, or property.
• Gives individuals legal rights and safeguards fundamental principles like fairness and liberty.

Multiple choice question:

1. What is the meaning of ‘Due Process of Law’?
2. The principle of natural justice
3. The procedure established by law
4. Fair application of law
5. Equalit before the law

ANSWER: C

EXPLANATION

Due Process of Law’ refers to the fair application of legal procedures. It ensures that not only executive decisions but also laws passed by the legislature are examined for their fairness by the courts. This principle safeguards individuals’ rights by ensuring that legal proceedings are conducted justly and in accordance with established norms of justice.” Option B is correct.

WHAT THE DRAFT DIGITAL COMPETITION BILL PROPOSES, WHY BIG TECH OPPOSES IT

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

Inspired by the European Union, India has proposed a draft bill to regulate and limit the market dominance of major tech companies. This move aims to create a more competitive and fair digital marketplace.

Key Provisions of the Draft Bill:

Regulation of Dominant Platforms:

• Identifies and regulates companies that hold a dominant position in the digital market.
• Requires these companies to ensure their practices do not stifle competition.

Data Privacy and Security:

• Mandates stricter data protection measures to safeguard user privacy.
• Ensures transparency in data collection and usage practices.

Fair Competition:

• Prohibits anti-competitive practices such as preferential treatment to own products or services.
• Ensures fair access to essential digital infrastructure for all players.

Consumer Protection:

• Strengthens consumer rights by ensuring clear and transparent terms of service.
• Implements measures to prevent exploitation of consumer data.

Why Big Tech Companies Oppose the Bill:

Operational Constraints:

• The bill imposes significant operational restrictions, potentially increasing compliance costs.
• Companies may need to alter their business models and practices, affecting profitability.

Data Sharing Requirements:

• Obligates companies to share certain data with competitors, which could undermine their competitive advantage.
• Raises concerns over the protection of proprietary information.

Increased Scrutiny and Accountability:

• Introduces stringent oversight mechanisms, subjecting companies to regular audits and reviews.
• Holds companies accountable for anti-competitive behavior, leading to potential legal and financial repercussions.

Impact on Innovation:

• Companies argue that excessive regulation could stifle innovation and limit their ability to develop new technologies.
• Concerns that the bill may hinder their ability to offer innovative products and services to consumers.

Systematically Significant Digital Enterprises (SSDEs):

• Companies meeting specific quantitative parameters like turnover, user base, or market capitalization may be designated as SSDEs by the Competition Commission of India (CCI).
• SSDEs are prohibited from engaging in anti-competitive practices such as self-preferencing and restricting third-party applications.

Associate Digital Enterprises (ADEs):

• Entities associated with SSDEs, based on data sharing and involvement in core digital services, may be designated as ADEs.
• ADEs have similar obligations as SSDEs, depending on their level of engagement with the core digital service.

Criticism of the Draft Bill:

• Resistance from big tech companies due to compliance burden and focus shift from innovation.
• Concerns about potential impact on smaller businesses relying on big tech platforms.
• Criticism of broad definition of significant platforms and potential arbitrary decision-making by the CCI.

Need for Digital Competition:

• Government officials cite a history of anti-competitive practices by big tech companies.
• Concerns about high market barriers for new entrants, limiting innovation and competition.
• Examples of companies like Spotify facing challenges due to policies of dominant tech platforms.

Conclusion:

India’s draft bill seeks to balance the scales in the digital marketplace by curbing the dominance of big tech companies and fostering fair competition. While it aims to protect consumer rights and ensure data privacy, it faces strong opposition from tech giants concerned about operational impacts, data sharing requirements, and increased regulatory scrutiny.

LIGDUS GARVALE

TOPIC: (GS3) ENVIRONMENT – SOURCE: THE INDIAN EXPRESS

A team of naturalists has recently discovered a new spider species named ‘Ligdus Garvale’ in Garvale, a village located in the Somwarpet taluk of Kodagu district, Karnataka.

• Ligdus Garvale: Newly Discovered Jumping Spider
• New Species: Ligdus Garvale is a newly identified species of jumping spider.
• Location: Found in Garvale village, Kodagu district, Karnataka.
• Environment: The area is surrounded by agroforestry, with coffee, pepper, and paddy fields.
• Genus History: This is only the second recorded species in the Ligdus genus in 129 years. The first, Ligdus Chelifer, was found in Myanmar in 1895 by Thorell.
• Discovery Details: Discovered under a torch ginger plant leaf; resembles Pseudoscorpions.
• Behavior: High canopy jumper constructs double-layered web for retreat.

About Jumping Spiders

• Family: Largest spider family, Salticidae, with over 6,380 species.
• Hunting: Known for jumping to catch prey.
• Habitat: Common in tropics; also found in northern and Arctic regions.
• Size: Range from 2 to 22 mm, with the largest species, Hyllus giganteus, up to 2.5 cm.
• Appearance: Some are hairy, but most have few hairs. Often brightly coloured or patterned.
• Eyesight: Exceptional vision with four pairs of eyes, including a large, forward-facing pair.
• Behaviour: Diurnal and generally solitary.

KADAR TRIBE

TOPIC: (GS1) GEOHRAPHY – SOURCE: INDIAN EXPRESS

A Kadar tribesman died in an elephant attack in Tamil Nadu’s Anamalai Tiger Reserve, shocking the community and conservationists.

Community Overview:

• Small indigenous tribe in South India.
• Reside on the hilly border between Cochin (Kerala) and Coimbatore (Tamil Nadu).
• Traditional forest dwellers relying on forest produce.

Lifestyle:

• Do not practice agriculture; build leaf-thatched shelters and move as needed for work.
• Prefer rice obtained through trade or wages over self-gathered food.
• Specialized in collecting honey, wax, sago, cardamom, ginger, and umbrella sticks for trade.

Symbiotic Relationship:

• Co-exist with nature, believing in the coexistence of Kadar and Kaadu (forest).
• Follow traditional protocols for sustainable resource use, allowing regeneration time.

Population: Approximately 2,000 in the early 21st century.

Language: Speak Dravidian languages (Tamil and Kannada).

Religion: Worship jungle spirits, a kindly creator couple, and local Hindu deities.

Status: Listed as a Particularly Vulnerable Tribal Group (PVTG) in Kerala, not in Tamil Nadu.

BULAVA MISSILE

TOPIC: (GS3) SECURITY – SOURCE: TIMES OF INDIA

The Russian President has strengthened the military by adding the Bulava missile to the arsenal.

Overview:

• Name: RSM-56 Bulava (NATO reporting name: SS-N-32).
• Type: Submarine-launched intercontinental ballistic missile (ICBM).
• Designer: Moscow Institute of Thermal Technology.
• Development: Started in the late 1990s.
• Deployment: Intended for Russia’s Borei-class submarines.
• Strategic Importance: Bulava is essential for Russia’s future strategic nuclear force.

Features:

• Structure: It is a three-stage solid-propellant missile.
• Weight: Launch mass is about 36.8 tonnes, with a throw weight of 1,150 kg.
• Dimensions: The missile is 12.1 meters long in a launch container and 2 meters in diameter.
• Range: Maximum range of 8,300 km (5,160 miles).
• Payload: Can carry up to 10 multiple independently targetable re-entry vehicles (MIRVs).
• Capabilities: These MIRVs can deliver nuclear warheads to different targets.
• Maneuverability: The missile’s re-entry vehicles (RVs) can maneuver in-flight and re-target to evade enemy defences.
• Accuracy: The RVs have an expected accuracy of around 250 to 300 meters.

Significance: The Bulava missile enhances Russia’s nuclear deterrent capabilities, ensuring the country’s strategic edge in defence technology and its ability to respond to potential threats with precision and flexibility.

KANWAR LAKE

TOPIC: (GS1) GEOGRAPHY – SOURCE: DOWN TO EARTH

Kanwar lake is Asia’s largest freshwater oxbow lake situated in Bihar, also known as Kabartal jheel.

• Formation: Resulted from the meandering of the Gandak river, a tributary of the Ganga, covering a significant portion of northern Bihar’s Indo-Gangetic plains.
• Importance: A vital stopover along the Central Asian Flyway for migratory waterbirds, hosting 58 species for resting and refueling.
• Biodiversity: Home to over 50 fish species, including five critically endangered species like three types of vultures and two waterbirds.

Threats:

• Water Management: Activities such as drainage, water abstraction, damming, and canalization pose significant threats.

Oxbow Lake:

• Definition: A curved lake formed alongside a winding river due to erosion and sediment deposition.
• Appearance: Typically crescent-shaped, found in floodplains and low-lying areas near rivers.
• Current Condition: Facing survival challenges due to human interventions and ecological disturbances.
• Conservation Importance: Efforts needed to protect and restore the lake’s ecological balance to maintain its significance as a crucial habitat for migratory birds and fish biodiversity.
• Community Awareness: Increasing awareness among locals and stakeholders about the lake’s ecological importance and the need for sustainable management practices.