PERIYAR IAS ACADEMY AFFAIRS 21-APRIL-2018
Topic:
Appointment to various Constitutional posts, powers, functions and
responsibilities of various Constitutional Bodies.
Process to impeach the Chief Justice of India
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Context: The
Congress and six other opposition parties have moved a notice for the
impeachment of Chief Justice of India (CJI) Dipak Misra, accusing him of
“misbehaviour” and “misusing” authority. So far, no Chief Justice has ever been impeached in India.
Procedure for removal of CJI:
Article 124(4) of
the Constitution lays down the procedure for removal of a judge of the Supreme
Court, including the CJI, who can be impeached on grounds of “misbehaviour or
incapacity”.
The process:
§ Step 1: A
removal motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha
has to be submitted to the Speaker of the Lower House or Chairperson (ie Vice
President) of the Upper House. This can be in either of the Houses of
Parliament.
§ Step 2:
The Speaker/Chairperson can either accept or reject the motion.
§ Step 3: If
the motion is admitted, then the Speaker/ Chairperson forms a three-member
committee comprising a senior judge of the Supreme Court, a judge of a high
court and a distinguished jurist to investigate the charges leveled against the
CJI.
§ Step 4: If
the committee supports the motion, it can be taken up for discussion. It must
be passed by a special two-third majority of MPs in both the Lok Sabha and
Rajya Sabha.
§ Step 5:
After it is passed in both Houses, it is presented to the President, who can
pass a Presidential Order for removal of the CJI.
Can CJI continue to work during this period?
Both the
Constitution and the Judges (Inquiry) Act of 1968 are silent on whether a judge
facing impeachment motion should recuse from judicial and administrative work
till he is cleared of the charges against him.
What’s important?
§ For
Prelims: CJI- appointment and impeachment.
§ For Mains:
Judicial autonomy and issues associated.
Sources:
the hindu.
Topic: Role of
civil services.
Civil Services Day
Context: 12th
Civil Services Day was celebrated on April 21st, 2018. It
focussed on ‘Evolving Strategies for Transforming Aspirational Districts’.
About the Civil Services Day:
§ The
Government of India celebrates April 21 every year as ‘Civil Services day’ as
an occasion for the civil servants to rededicate themselves to the cause of
citizen and renew their commitments to public service and excellence in work.
§ This date
is chosen to commemorate the day when first Home Minister of Independent India,
Sardar Vallabhbhai Patel addressed the probationers of Administrative Services
Officers in 1947 at Metcalf House, Delhi.
§ As part of
Civil Servant Day, Prime Minister’s Awards for Excellence in Public
Administration are presented to Districts/Implementing Units for implementation
of Priority programme and innovation categories.
Sources:
pib.
Topic:
Government policies and interventions for development in various sectors and
issues arising out of their design and implementation.
Cabinet to discuss death penalty for rape of minors
Context: The
Union Cabinet is planning on bringing an Ordinance to award death penalty to
those convicted of sexually assaulting a child.
The criminal
law amendment ordinance seeks to amend the Indian Penal Code (IPC), the
Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of
Children from Sexual Offences (POCSO) Act to introduce a new provision to
sentence convicts of such crimes punishment of death.
Background:
Law
Ministry has approved a proposal received from the Ministry of Women and Child
Development (MoWCD) to amend the Protection of Children from Sexual Offences
(POCSO) Act, 2012, and a final decision on whether to bring it in the form of
an Ordinance will be taken by the cabinet.
Why this may not be a good idea?
Tracking
down sexual crimes has proved difficult because — as pointed out by National
Crime Records Bureau reports since 2014 — in over 90% of such crimes, the
perpetrators are known to the victim. A report of the Parliamentary Standing
Committee on Home Affairs noted that, “child sexual abuse and related crimes
remain overwhelmingly under-reported due to the associated stigma and
propensity of parents/guardians to not involve the police in these matters”. A
study by the National Law School of India University (NLSUI) also reported that
in 67% of child rape cases, the survivors gave up on the trial or changed their
statement. Therefore, introducing the death penalty in the POCSO Act will
aggravate this problem.
Is death penalty the only solution?
The demand
for death penalty for sexual crimes stems primarily from a society’s desire for
revenge, not redress. A growing body of literature now emphasises that the
death penalty is not a deterrent against any kind of crime — better policing,
social welfare and effective implementation of the due processes are. Also,
separate courtrooms exclusively for child abuse cases should be established.
Facts for Prelims:
Rajasthan
and Madhya Pradesh have passed a Bill providing for death penalty to those
convicted of raping girls of 12 years and below.
What’s important?
§ For
Prelims: Death penalty bill by states.
§ For Mains:
Need for death penalty, alternatives available.
Sources:
the hindu.
Topic: Issues
related to health.
Viral hepatisis
Context: With
viral hepatisis becoming as serious health problem as the “big three”
communicable diseases — HIV/AIDS, malaria and tuberculosis — in the country,
the Union Health Ministry is ready to roll out a Rs 500 crore-three-year
comprehensive integrated national action plan to check morbidity and mortality
due to the disease that inflicts the liver.
§ The action
plan has been developed with the key objective to provide an actionable
framework of evidence based, priority interventions to support the national
response for prevention, control and management of viral hepatitis in the
country.
Concerns:
The World
Health Organisation (WHO) has already recognised viral hepatitis as a serious
public health problem in India which is home to over 52 million people infected
with chronic hepatitis. This is placing a huge disease, social and economic
burden on the affected families as well as the health system, as per the UN
agency.
Latest
assessment by WHO shows that in 2016, of the 400 million people infected by
viral hepatitis globally, about 13% were Indians. A bigger concern is that most
people infected with the virus are unaware and experts points out that with
challenges such as awareness, accessibility, compliance and affordability,
India can only eradicate hepatitis by 2080 (as against global goal of 2030) if
they start acting now.
What is viral hepatitis?
Inflammation
of liver is usually referred as hepatitis. Viral hepatitis is a widespread
infectious disease normally caused by the hepatitis viruses A, B, C, D and E.
The condition can progress to liver fibrosis (scarring), cirrhosis or liver
cancer. It can be caused by any of the known five
hepatotropic viruses, namely — hepatitis A, B, C, D and E
which are highly divergent in their structure,
epidemiology, mode of transmission, incubation period, signs/symptoms,
diagnosis, prevention and treatment options.
What’s important?
For
Prelims and Mains: Viral hepatitis and the need for elimination of the disease.
Sources:
et.
Topic:
e-governance- applications, models, successes, limitations, and potential.
e-Vidhan project
Context: The
central government has launched Central Project Monitoring Unit for e-Vidhan
project at Parliament House Annexe.
About e-Vidhan project:
§ e-Vidhan
is a mission mode project to digitize and make the functioning of State
Legislatures in India paperless.
§ It is a
part of the broader Digital India Programme of the Government and is likely to
contribute to the cleanliness & environment by reducing the use of papers
to a great extent.
§ The
Ministry of Parliamentary Affairs is the Nodal Ministry for the project.
Facts for Prelims:
In 2014,
Himachal Pradesh became the first state in the country to implement e-Vidhan as
a pilot project.
What’s important?
§ For
Prelims: e- Vidhan project.
§ For Mains:
Digital India Programme and its significance.
Sources:
pib.
Topic:
Important International institutions, agencies and fora, their structure,
mandate.
Shanghai Cooperation Organisation (SCO)
Context: India
is all set to take part in Shanghai Cooperation Organisation (SCO) summit,
which has been scheduled for April 24. These are the first SCO meetings after
India and Pakistan were admitted into the eight-member group.
About SCO:
What is it?
The Shanghai
Cooperation Organisation, also known as the Shanghai Pact, is a Eurasian
political, economic, and military organisation which was founded in 2001 in
Shanghai by the leaders of China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan,
and Uzbekistan. Apart from Uzbekistan, the other five countries have been a
part of the Shanghai 5 since 1996. The cooperation was renamed to Shanghai
Cooperation Organisation after Uzbekistan joined the organisation in 2001.
New members: India
and Pakistan joined SCO as full members in June 2017 in Astana, Kazakhstan.
The SCO counts four observer states, namely
the Islamic Republic of Afghanistan, the Republic of Belarus, the Islamic
Republic of Iran and the Republic of Mongolia.
The SCO’s main goals are: strengthening
mutual trust and neighbourliness among the member states; promoting their
effective cooperation in politics, trade, the economy, research, technology and
culture, as well as in education, energy, transport, tourism, environmental
protection, and other areas; making joint efforts to maintain and ensure peace,
security and stability in the region; and moving towards the establishment of a
democratic, fair and rational new international political and economic order.
What’s important?
§ For
Prelims: SCO.
§ For Mains:
Need for regional cooperation and its significance.
Sources:
the hindu.
Paper 3:
Topic: Indian
Economy and issues relating to planning, mobilization of resources, growth,
development and employment.
Mutual Agreement Procedure (MAP)
Context: Finland-headquartered
Nokia has invoked the mutual agreement procedure (MAP) under the India-Finland
Double Taxation Avoidance Agreement, to resolve the Rs 2,000-crore tax dispute
with the Indian tax department.
Now, the
competent authorities of the two countries — India and Finland — will sit at
the negotiating table and decide how the dispute should be resolved.
What’s the issue?
Indian
income tax department had slapped a Rs 2,000-crore tax demand on Nokia India
over alleged default on tax deduction at source (TDS) on software-related
payments made to Nokia Finland for six years. The IT department had concluded
that payments made by Nokia India to Nokia Finland for software downloads —
which got embedded in the Nokia handsets manufactured in India — were taxable
in India as royalty.
What is MAP?
MAP is an
alternative available to taxpayers to resolve disputes giving rise to double
taxation, whether juridical or economic in nature. An agreement for avoidance
of double taxation between countries would give authorisation for assistance of
Competent Authorities (CAs) in the respective jurisdiction under MAP.
The main
benefit of pursuing MAP is the elimination of double taxation (either juridical
or economic). The MAP resolution, once accepted, eliminates protracted
litigation.
What’s important?
For
Prelims and Mains: MAP and DTAA.
Sources:
the hindu.
Topic: Awareness
in space.
Lunar ‘Gateway’ space station
Context: National
Aeronautics and Space Administration’s (Nasa) is planning to award its first
contract for the lunar “Gateway” program in 2019.
About the Lunar Orbital Platform-Gateway:
§ The Lunar
Orbital Platform-Gateway is Nasa’s planned “staging” area intended for studies
of the moon and the deep-space environment. Eventually, it will function as a
way station for astronauts travelling to and from Mars.
§ The
Gateway would also further Nasa’s goal of another human landing on the moon and
will help determine whether water near the surface could be used to manufacture
propellant for deep-space missions.
§ The moon’s
gravity could also help a spacecraft reduce the blistering speeds used for six-month
voyages back-and-forth to Mars, thus facilitating re-entry to Earth’s
atmosphere.
Sources:
toi.
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