60 Days Plan: UPSC IAS Prelims 2019- Polity and Current Affairs (Day 2)

Article 32 under the Constitution of India – Right To Constitutional Remedies

Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’.

The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.

Under Article 32, the parliament can also entrust any other court to exercise the power of the Supreme Court, provided that it is within its Jurisdiction. And unless there is some Constitutional amendment, the rights guaranteed by this Article cannot be suspended.

Therefore, we can say that an assured right is guaranteed to individuals for enforcement of fundamental rights by this article as the law provides the right to an individual to directly approach the Supreme Court without following a lengthier process of moving to the lower courts first as the main purpose of Writ Jurisdiction under Article 32 is the enforcement of Fundamental Rights.

Article 32 is known as the “spirit of the constitution and exceptionally heart of it” by Dr. Ambedkar.

Dr Ambedkar stated that:

“If I was asked to name any particular article in this Constitution as the most important- an article without which this Constitution would be a nullity— I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realized its importance.”

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

Statement 1 is wrong as Article 22 deals with ‘Protection against arrest and detention in certain cases’ (not Article 20). Article 20 deals with ‘Protection in respect of conviction for offenses’.

Article 20 {Protection in respect of conviction for offenses}

• Ex Post Facto Legislation: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
• Immunity from Double Punishment: No person shall be prosecuted and punished for the same offence more than once.
• Immunity from Self-Incrimination: No person accused of any offence shall be compelled to be a witness against himself.

Statement 2 is correct. The striking feature of the Article 20 is that it can’t be suspended during an emergency period.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

Preventive detention is action taken beforehand to prevent possible commitment of crime. Preventive detention thus is action taken on grounds of suspicion that some wrong actions may be done by the person concerned.

Preventive detention can however be made only on four grounds.

The grounds for Preventive detention are—

• security of state,
• maintenance of public order,
• maintenance of supplies and essential services and defence,
• foreign affairs or security of India.

A person may be detained without trial only on any or some of the above grounds. A detainee under preventive detention can have no right of personal liberty guaranteed by Article 19 or Article 21.

To prevent reckless use of Preventive Detention, certain safeguards are provided in the constitution.

• Firstly, a person may be taken to preventive custody only for 3 months at the first instance. If the period of detention is extended beyond 3 months, the case must be referred to an Advisory Board consisting of persons with qualifications for appointment as judges of High Courts. It is implicit, that the period of detention may be extended beyond 3 months, only on approval by the Advisory Board.
• Secondly, the detainee is entitled to know the grounds of his detention. The state however may refuse to divulge the grounds of detention if it is in the public interest to do so. Needless to say, this power conferred on the state leaves scope for arbitrary action on the part of the authorities.
• Thirdly, the detaining authorities must give the detainee earliest opportunities for making representation against the detention. These safeguards are designed to minimize the misuse of preventive detention. It is because of these safeguards that preventive detention, basically a denial of liberty, finds a place on the chapter on fundamental rights. These safeguards are not available to enemy aliens.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)
• The Hindu (Why in news? Since abuse of preventive detention on rise)

The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.

Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. Hence, Statement (1) is wrong.

The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.

Like the Directive Principles, the fundamental duties are also non-justiciable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.

Therefore, both statements (2) and (3) are correct.

Source:

• Indian Polity – M Laxmikanth (Chapter 9: Fundamental Duties)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Duties)

The Fundamental Right to constitutional remedies under Article 32 of the Constitution of India is often described as the “cornerstone of the democratic edifice” and the “soul of the Constitution”.

It is the provision that allows any citizen of the country to directly approach the Supreme Court of India in a writ petition if the fundamental rights of any person are being violated.

Article 32 is also called citizens right to protect and defend the constitution as it can be used by the citizens to enforce the constitution through the judiciary.

Since, Article 32 is part of Fundamental Rights under Part III of Indian Constitution, Option (b) is correct answer.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.

They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘a government of laws and not of men’.

Hence, all the given statements are correct.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

It protects the inner sphere of the individual from interference from both State, and non-State actors and allows individuals to make autonomous life choices.

“Justice KS Puttaswamy v. Union of India” – Supreme Court held that “Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution”.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)
• The Hindu; Indian Express

The Constitution Bench judgment of Supreme Court of India in Bachan Singh vs. State of Punjab (1980) made it very clear that Capital punishment in India can be given only in rarest of rare cases.

In other words, the Supreme Court of India ruled that the death penalty should be imposed only in “the rarest of rare cases.”

The Supreme Court in Mithu vs. State of Punjab struck down Section 303 of the Indian Penal Code, which provided for a mandatory death sentence for offenders serving a life sentence.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)
• The Hindu; Indian Express

The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of the individual rights (it is in case of England). Because the Magna Carta is the source of Rights from where the genesis of constitution of England began.

In the Indian System, the constitution is the source of the individual rights as codified in Part III of the constitution.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

Article 13 deals with ‘Laws inconsistent with or in derogation of the fundamental rights’. In other words, it expressively provides for the doctrine of judicial review.

This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:

• Permanent laws enacted by the Parliament or the state legislatures;
• Temporary laws like ordinances issued by the president or the state governors;
• Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
• Non-legislative sources of law, that is, custom or usage having the force of law.

Thus, not only a legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void. Hence, statement 3 is wrong.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights)

Directive Principles of State Policy are supplementary and complementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights. Hence, statement (1) is correct.

According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.

Dr. Ambedkar said “The directive principles are like instruments of instructions which were issued to the Governor in General and Governors of colonies and to those of India by the British Government under the 1935 Act under the Draft Constitution. It is proposed to issue such instructions to the president and governors. The text of these instruments of the instructions shall be found in scheduled IV to the Constitution of India. What are called directive principles is that they are instructions to the Legislature and the Executive. Such a thing is, to my mind, to be welcomed.”

The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era. In brief, they seek to establish economic and social democracy in the country.

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement, particularly the Irish Home Rule Movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Irish Directive Principles of Social Policy.

Do you know?

• Other features borrowed from Irish Constitution are nomination of members to Rajya Sabha and method of election of president.

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)

Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

The Directive Principles of State Policy (DPSP) are not enforceable by any court, but the principles laid down therein are considered irrefutable in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.

When the union government feels that a DPSP is no longer useful to the nation, it shall be deleted from Constitution by bringing a constitutional amendment to remove ambiguity in policy making / direction. Judiciary can repeal any policy/law devised by the government which is diametrically opposite to any DPSP. Hence, statement (3) is wrong.

An existing policy in line with DPSP cannot be reversed, however it can be expanded further in line with DPSP. The policy changes applicable under DPSP shall not be reversible unless the applicable DPSP is deleted by constitutional amendment (ex. prohibition implemented once in a state cannot be repealed later as long as it is part of DPSP)

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

Statement (1) is correct because changes to the Fundamental Rights and Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament.

This means that an amendment requires the approval of two-thirds of the members present and voting and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha.

Right to Education: Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.

The Constitution of India contains the right to freedom, given in articles 19, 20, 21, 21A, and 22, and with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.

There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution.

Hence, all the statements are correct.

Source:

• Indian Polity – M Laxmikanth (Chapter 7: Fundamental Rights and Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Fundamental Rights and Directive Principles of State Policy)

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’.

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)

Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

Gandhian Principles

In order to fulfil the dreams of Gandhi, some of his ideas were included as Directive Principles. They require the State:

1. To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).
2. To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).
3. To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).
4. To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46).
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).
6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48).

Directive Principles provided in statements (1) and (2) reflect the ideology of socialism and are part of Socialistic Principles (not Gandhian Principles).

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

Liberal–Intellectual Principles

The principles included in this category repre-sent the ideology of liberalism. They direct the state:

1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six years (Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wild life10 (Article 48 A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
7. To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51).

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

Four new Directive Principles were added in the 42nd Amendment Act of 1976 to the original list. They are requiring the state:

1. Added clause in Article 39: To secure opportunities for healthy development of children
2. Added clause in Article 39 as Article 39A: To promote equal justice and to provide free legal aid to the poor
3. Added clause in Article 43 as Article 43 A: To take steps to secure the participation of workers in the management of industries
4. Added clause in Article 48 as Article 48A: To protect and improve the environment and to safeguard forests and wildlife

Source:

• Indian Polity – M Laxmikanth (Chapter 8: Directive Principles of State Policy)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Directive Principles of State Policy)

In Neelam Katara vs. Union of India case, SC observed that the edifice of administration of justice is based upon witnesses coming forward and deposing without fear or favour, without intimidation or allurements in the court of law. If witnesses are intimidated or allured, the foundation of the administration of justice gets weakened and even obliterated.

Similarly, in Himanshu Singh Sabharwal vs State of Madhya Pradesh and Ors 2008 case, the court observed that witnesses are the eyes and ears of the justice system and when a witness is threatened or killed or harassed, it is not only the witness who is threatened but also the fundamental right of a citizen to a free and fair trial is vindicated.

Source:

• The Hindu; Indian Express (Witness Protection is in news often)

The subject of ‘Local Government’ is mentioned in the State List under the Seventh Schedule of the Constitution. (Refer to chapter: Appendix II Subjects of Union, State and Concurrent Lists)

Eleventh Schedule : :  Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992.

Twelfth Schedule : :  Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

Source:

• Indian Polity – M Laxmikanth (Chapter 3: Salient Features of the Constitution)
• Introduction to Indian Constitution – D.D.Basu (Chapter: Salient Features of the Constitution)

Regional Rural Banks (RRBs) are financial institutions which ensure adequate credit for agriculture and other rural sectors. Regional Rural Banks were set up on the basis of the recommendations of the Narasimham Working Group (1975), and after the legislations of the Regional Rural Banks Act, 1976. The first Regional Rural Bank “Prathama Grameen Bank” was set up on October 2, 1975. At present there are 82 RRBs in India.

The equity of a regional rural bank is held by the Central Government, concerned State Government and the Sponsor Bank in the proportion of 50:15:35.

RRBs need to maintain a minimum CRAR of 9%.

Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.

CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.

Read More – http://cara.nic.in/Regulation/CARA.html

Partners in live-in relationships can adopt a child – https://www.thequint.com/news/india/adoption-live-in-relationship-children-india

All the above bird sanctuaries are located in Tamil Nadu.

Source: https://www.thehindu.com/news/national/tamil-nadu/chitrangudi-karaivetti-maybe-declared-eco-sensitive/article24133169.ece

The Regional Anti-Terrorist Structure (RATS), headquartered in Tashkent, Uzbekistan, is a permanent organ of the SCO which serves to promote cooperation of member states against the three evils of terrorism, separatism and extremism.

Helsinki Accords

• It is also known as the Helsinki Final Act, or Helsinki Declaration
• It were signed on August 1, 1975, at the conclusion of the first Conference on Security and Co-operation in Europe (now called the OSCE or Organisation for Security and Co-operation in Europe).
• It were made mainly to reduce tension between the Western blocs and the then Soviet Union by securing their common acceptance of the post-Second World War status quo in Europe.
• It were signed by all European countries barring Albania which became its signatory in 1991 and the US and Canada.
• It recognised that the post-World War II frontiers in Europe were inviolable and all the 35 nations that signed it pledged to respect the human rights and fundamental freedoms besides cooperating on various areas.
• They are not binding and do not have a treaty status.

Source: http://www.newindianexpress.com/world/2018/jun/28/finnish-neutrality-key-to-helsinki-hosting-us-russia-summit-1835204.html

If starting from Arunachal Pradesh, one has to cross only China to reach Russia.

The Billion Tree Tsunami was launched in 2014, by the government of Khyber Pakhtunkhwa (KPK), Pakistan, as a response to the challenge of global warming. Pakistan’s Billion Tree Tsunami restores 350,000 hectares of forests and degraded land to surpass its Bonn Challenge commitment.

• The project aimed at improving the ecosystems of classified forests, as well as privately owned waste and farm lands, and therefore entails working in close collaboration with concerned communities and stakeholders to ensure their meaningful participation through effectuating project promotion and extension services.
• The projected was completed in August 2017, ahead of schedule.

Do you know?

The Billion Tree Campaign was launched in 2006, by the United Nations Environment Programme (UNEP) as a response to the challenges of global warming, as well as to a wider array of sustainability challenges from water supply to biodiversity loss.

• Its initial target was the planting of one billion trees in 2007 (achieved by November). One year later, in 2008, the campaign’s objective was raised to 7 billion trees a target to be met by the climate change conference that was held in Copenhagen, Denmark in December 2009.
• Three months before the conference, the 7 billion planted trees mark had been surpassed. In December 2011, after more than 12 billion trees had been planted, UNEP formally handed management of the program over to the youth-led not-for-profit Plant-for-the-Planet Foundation, based in Tutzing, Germany.
• Over 14.2 billion trees have been planted as of 2016.
• The Billion Tree Campaign calls upon all individuals, countries and companies to participate, and accepts all contributions.
• The Billion Tree Campaign was inspired by Nobel Peace Prize Laureate Wangari Maathai, founder of the Green Belt Movement.

Source: https://www.thehindu.com/sci-tech/energy-and-environment/billion-tree-tsunami-transforms-arid-pakistan-region-into-green-gold/article24264422.ece

LPA is the average rainfall received by the country as a whole during the south-west monsoon, for a 50-year period. The current LPA is 89 cm, based on the average rainfall over years 1951 and 2000.

This acts as a benchmark against which the rainfall in any monsoon season is measured.

• The country is said to have received deficient rainfall if the actual rainfall falls below 90 per cent of LPA.
• Similarly, the country is said to have received excess rainfall if the rainfall is greater than 110 per cent of LPA.
• It is deemed ‘normal’ when the actual rainfall received falls between 96 and 104 per cent of LPA.

In 2018, the IMD expects the rainfall to be at 97 per cent of LPA. The IMD also budgets for a ‘model error’ of plus or minus 5 per cent from its forecasts.

Source: https://www.livemint.com/Politics/gSv8LFHMFsBvtw5ka4bmXM/IMD-upgrades-its-monsoon-forecast-to-98-of-long-period-ave.html

The telescope located at the Indian Astronomical Observatory (IAO) at Hanle in Ladakh is the country’s first robotic telescope and the first one designed to observe dynamic or transient events in the universe.

Called GROWTH-India, the facility at Hanle is part of a multi-country collaborative initiative known as ‘Global Relay of Observatories Watching Transients Happen’ (GROWTH) to observe transient events in the universe. The fully robotic optical research telescope is designed to capture cosmic events occurring in timescales much shorter than light years – years, days and even hours.

Source: https://www.thehindubusinessline.com/news/science/indias-first-robotic-telescope-opens-its-eyes-to-the-universe/article24209626.ece

The third neighbor policy is a facet of foreign relations of Mongolia referring to its building relationships with countries other than Russia and China, the two superpowers that historically had a sphere of influence extending to the country.

The economy of Mongolia is dependent on exploitation of the country’s mineral resources, which include copper, gold, uranium and coal, and thus the country is vulnerable to pressure from foreign countries and corporations involved in resource extraction.

Source: https://timesofindia.indiatimes.com/india/india-lauds-mongolias-3rd-neighbour-policy-committed-to-strengthen-cultural-bond-rajnath-singh/articleshow/64722918.cms