Kesavananda Bharati, petitioner in landmark SC judgement on Basic Structure is no more.
Kesavananda
Bharati, on whose petition the Supreme Court delivered the landmark judgement
on the celebrated doctrine of basic structure of the Constitution, died on
Sunday.
The
case in which Bharati had challenged Kerala Land Reform laws nearly four
decades ago set the principle that the Supreme Court is the guardian of the
basic structure of the Constitution and the verdict involved 13 judges, the
largest bench ever to sit in the apex court. While the seer did not get the
relief he wanted, the case became significant for its landmark judgment which
clipped the widest power of Parliament to amend the Constitution and
simultaneously gave judiciary the authority to review any amendment.
The Kesavananda Bharati case is significant for its ruling that the Constitution can be amended but not the basic structure. when some parcels of land of the Edaneer Mutt were acquired underthe land reform laws of Kerala, Bharati moved the Kerala High Court against it and partially succeeded.
However,
when the 29th Constitutional Amendment was adopted by Parliament giving
protection to Kerala laws, the seer moved the Supreme Court challenging it. The
apex court ruled that the 29th Amendment is valid and held that the two Kerala
land Acts that were included in the Ninth Schedule are entitled to the
protection of Article 31B of the (validation of certain acts and regulations)
Constitution.
The
verdict had held that though Parliament has power to amend under Article 368 of
the Constitution, it did not have the power to emasculate its basic features.
India
invites Australia to join Malabar naval exercise along with US & Japan.
The
stage is set for Australia to be part of the next Malabar naval exercise. The
exercise will bring together the navies of India, Japan, Australia and the U.S.
in the Bay of Bengal at the end of the year, according to senior Indian
officials who asked not to be identified, citing rules.
Exercise
Malabar is a trilateral naval exercise involving the United States, Japan and
India as permanent partners. Originally begun in 1992 as a bilateral exercise
between India and the United States, Japan became a permanent partner in 2015.
Past
non-permanent participants are Australia and Singapore. The annual Malabar
series began in 1992 and includes diverse activities, ranging from fighter
combat operations from aircraft carriers through Maritime Interdiction
Operations Exercises.
According
to a diplomat from one of the participating countries, the Malabar exercise may
not take place this year owing to the coronavirus pandemic, coupled with other
factors such as the US presidential elections in November and stepping down of
Japanese Prime Minister Shinzo Abe even as his successor is yet to be
announced.
➡Pakistan Prime Minister
Imran Khan has unveiled a financial package worth Rs1.1 trillion to address the
chronic municipal and infrastructure issues of Karachi, the country's financial
hub, after record-breaking monsoon rains caused widespread devastation in the
city and left at least 60 people dead.
➡The rainfall spell
which started in July and continued into August totally exposed the poor civic
infrastructure including the drainage system of the city.
➡The Prime Minister has
formed a "Karachi Committee" which includes the PPP and other
opposition party members and has said they will deal with Karachi's problems
together and all stakeholders will be involved in its implementation.
Arabian
Sea picks the baton, spins up ‘low’.
A low-pressure area has formed over South-East and adjoining East-Central Arabian Sea, India Meteorological Department (IMD) said on Sunday morning, with the Arabian Sea appearing to pick with aplomb from where the Bay of Bengal ended its frenetic run in August creating a record number of low-pressure areas and quantum of rainfall.
➡It would be interesting to watch the slow, northward movement of the latest low along the West Coast, ensuring the entire Peninsular India benefits ending a rather long, dry spell. The IMD takes the low, though weakening, into land over interior peninsula after crossing Goa-Konkan and moving further East to emerge into the Bay of Bengal off Andhra Pradesh.
➡Likely building mass.
Interestingly, it is predicted to build further mass here and grow back into a low-pressure area and widen the span of coverage over East and adjoining East-Central India, likely triggering anotherwave of rains there from mid-September. This could likely hold at bay the advance of the anticyclone from North-West India that normally signals the withdrawal of the monsoon.
➡So the monsoon
withdrawal could likely get delayed further, though it all depends on whether
the Arabian Sea low-pressure area sticks to its path and potential as the IMD
appears to depict. The US National Centres for Environmental Prediction agrees
with the IMD and has projected rains for the West Coast, Central and East India
into the third week of September.
➡Meanwhile, an IMD
outlook for the next 2-3 days speaks about the possibility of fairly widespread
to widespread rainfall with isolated heavy falls, thunderstorms and lightning
over Peninsular India. In the East, fairly widespread rainfall with isolated
heavy falls accompanied with thunderstorm and lightning is forecast for Odisha
and Chhattisgarh during next 3-4 days.
➡An extended outlook for
September 11-13 indicates fairly widespread rainfall with isolated heavy falls
over East and North-East India and scattered to fairly widespread rainfall over
the South Peninsula.
Isolated
to scattered rainfall has been forecast over parts of Central India while it
would be dry over Gujarat state and North-West India where rains are on course
to lift.
Loan
moratorium: RBI likely to announce one-time loan restructuring guidelines soon.
➡The Reserve Bank of
India (RBI) is likely to announce the financial parameters of its proposed loan
restructuring scheme soon. In his interview to CNBC Awaaz, RBI Governor
Shaktikanta Das said that banks can extend the loan moratorium by 3, 6 or even
12 months under the one-time restructuring.
➡To mitigate the
hardships faced by the borrowers during coronavirus pandemic, the central bank
allowed the lenders to grant a loan moratorium for for three months of EMI
(Equated Monthly Instalments), falling due between March 1 and May 31 2020.
Later, RBI extended it for further three month till August 31.
➡The central bank later
permitted the lenders a one-time restructuring of loans without classifying
them as non-performing assets to help companies and individuals manage the
financial stress caused by coronavirus pandemic. Only those companies and
individuals whose loans accounts are in default for not more than 30 days as on
1 March, 2020, are eligible for one-time restructuring. For corporate
borrowers, banks can invoke a resolution plan till 31 December, 2020 and
implement it till 30 June, 2021.
➡For personal loans,
banks have an option to invoke the resolution plan till December 31,2020 and
implement it within 90 days from the date of invocation. Accounts which are
standard, but not in default for more than 30 days as on March 1,2020 will be
eligible for restructuring.
➡The RBI set up a
five-member committee under former ICICI Bank chief executive chairman K.V.
Kamath on 7 August to recommend eligibility parameters for restructuring
stressed loans. The committee will only specify financial parameters like
debt-equity and debt coverage, Das said in an interview.
Made-In-India
Hypersonic Vehicle Successfully Tested.
➡India on Monday
successfully flight tested the indigenously-developed hypersonic technology
demonstrator vehicle (HSTDV) that is expected to power futuristic long-range
missile systems and aerial platforms.
➡The HSTDV, based on
hypersonic propulsion technologies, has been developed by the Defence Research
and Development Organisation (DRDO).
➡India on Monday
successfully flight tested the indigenously-developed hypersonic technology
demonstrator vehicle (HSTDV) that is expected to power futuristic long-range
missile systems and aerial platforms.
The
HSTDV, based on hypersonic propulsion technologies, has been developed by the
Defence Research and Development Organisation (DRDO).
➡The HSTDV powers cruise
missiles and operates on scramjet engines which can attain the speed of around
Mach 6 which is far better than ramjet engines.
Special focus on mains;
Q.1) What
are the recent development in between India-Nepal relations?
Context:
On
August 15, Nepal Prime Minister K.P. Sharma Oli made a friendly gesture towards
India by telephoning Prime Minister Narendra Modi to convey greetings on
India’s Independence Day.
This
was followed by a meeting of the India-Nepal Joint Project Monitoring Committee
on August 17 chaired by the Indian Ambassador to Nepal and the Nepal Foreign
Secretary.
The
committee was set up to review progress in the large number of bilateral
cooperation projects.
An
India-Nepal Joint Commission meeting at the level of Foreign Ministers is due
later in October but may be held virtually due to the novel coronavirus
pandemic.
But
will the two sides hold Foreign Secretary-level talks on the vexed boundary
issue that is related to Kalapani and Susta?
Unilateral actions:
The
Nepali side has upset the apple cart by taking a series of unilateral actions.
A
relatively minor dispute involving about 35 square kilometres of territory
around the Kalapani springs, was expanded to claim a large wedge of Indian
territory towards the east, measuring nearly 400 square kilometres.
India
should be willing to engage in talks with Nepal on all aspects of India-Nepal
relations. But any talks on the Kalapani issue should be limited to the area
which was the original subject for negotiations and Susta.
To
agree to talks which include the unilateral changes will create a very bad
precedent not only in India-Nepal relations but in managing India’s borders in
general. This is irrespective of Nepal presenting historical documents or maps
which support its claims.
Borders
which have been accepted by both sides for more than 100 years and which have
also been reflected on their official maps cannot be unilaterally altered by
one side coming up with archival material which has surfaced in the meantime.
This
would make national boundaries unstable and shifting, and create avoidable
controversies between countries as is the case now between India and Nepal.
Geography and boundaries:
The
Treaty of Sugauli of 1816 sets the Kali river as the boundary between the two
countries in the western sector. There was no map attached to the treaty.
Nepal
is now claiming that the main tributary of the Kalapani river rises east of the
Lipu Lekh pass from the Limpiyadhura ridgeline and hence should serve as the
border.
Even
if the lengthiest tributary may be one principle for a riverine boundary, which
is itself debatable, it is not the only one.
There
are many boundaries which do not follow any geographical principle at all but
are the result of historical circumstances, mutual agreement and legal
recognition.
Independence
Day has meaning for us because we engaged in a long and painful struggle for independence
from British colonial rule.
We
also recall that it was the ruler of” independent” Nepal which sent troops to
fight alongside the East India Company, mercilessly killing those who were
fighting India’s first war of independence.
The
same independent country was happy to receive as reward chunks of Indian
territory in the Terai through the treaty of 1861.
If
no agreement has superseded the Sugauli treaty as has been claimed then,
perhaps the “Naya Muluk” received after Nepal’s alliance with the Company
against Indians fighting for freedom, should be restituted. Or should this
brand of “chicanery” be excused since it benefited Nepal?
Conclusion:
For
India, more than the exemplary inter-state relationship, it is the unique
people-to-people relations between India and Nepal; and, fortunately,
inter-state relations have been unable to undermine the dense affinities that
bind our peoples together.
While
India should reject the Nepali state’s ill-conceived territorial claims, it
should do everything to nurture the invaluable asset it has in the goodwill of
the people of Nepal.
Q2.) A
globally-competitive tech-solutions/app ecosystem can’t be sustained without
government partnership. Critically comment.
Context:
Last
week, after four months of vetting, the government finally announced the winner
of its video-conferencing app challenge.
Vconsol,
by Techgentsia, a start-up from Kerala, won the competition; the app focuses on
security and uses OTP as an authentication method for login.
The company will receive Rs 1 crore as prize money from the government, apart from Rs 10 lakh for operation and maintenance for the next three years. Additionally, the government will use the app on a contract basis.
In
April, when the government had announced the challenge for Indian start-ups to
build an alternative to the likes of Zoom, it had received 1,983 applications.
Background:
Over
the last few months, following a rigorous process, it narrowed the list down to
12 participants, giving each R 10-12 lakh for app development.
It
then selected five, with Rs 20 lakh each to three for further development and
Rs 15 lakh to the other two.
From
this pool, four finalists were selected, and last week, the government also
announced Rs 25 lakh rewards for Sarv Webs Pvt. Ltd. (Sarv Wave), PeopleLink
Unified Communications Pvt Ltd (Insta VC), Instrive Softlabs Pvt Ltd
(HydraMeet), to develop their product within the next three months.
All
four companies will be listed on the government’s GeM portal so that government
bodies can get into contracts with them for video-conferencing solutions.
Earlier
initiatives taken so far:
Such
hackathons are not a new approach; the government, via NITI Aayog and other
agencies, has been conducting similar challenges to rope in private players to
build apps. However, the scope for continued engagement, until now, has been
limited.
The
video challenge marks the first step with regards to the government actively
promoting Indian apps.
The
government partnered an international hackathon-organising forum for ‘Hack the
crisis’ in April, to encourage tech-solutions for addressing different aspects
of the Covid-19 pandemic, and has announced a line-up of hackathons.
While
this is welcome, more proactive support from the government is needed, via the
kind of engagement the GeM listing for the video-conferencing apps represents.
Also, such solutions should not be just crisis-response or a knee-jerk
reaction.
The
government needs to help build start-ups in the field of health-tech,
agri-tech, ed-tech, etc.
It
also needs to promote innovations in new technologies like artificial
intelligence, machine learning, blockchain, mixed reality, and robotics.
Some
states have started incorporating such solutions for better governance.
Agra
partnered with the start-up Gaia and Microsoft to create a corona dashboard for
the city, and Mumbai did the same, too; many governments and city
administrations purchased drones from Garuda, a Chennai-based company, to
sanitise large areas.
Apart
from providing initial capital and facilitating incubation programmes—these
have been going on for long now—governments at all levels need to hire
start-ups through contracts for faster or better government-service delivery.
Conclusion:
A
globally-competitive tech-solutions/app ecosystem can’t be sustained without
government partnership.
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