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UPSC Key | Article 361, Uranium, NEET and more

Exclusive for Subscribers Daily: How are New Criminal laws and Cyber security relevant to the UPSC Exam? What significance do topics like Power of the Governor and Water contamination have for the preliminary and main exams? You can learn more by reading the Indian Express UPSC Key for July 20th, 2024.

UPSC Key | 20th July, 2024 — Article 361, Uranium, NEET and moreThe SC is hearing a plea filed by a contractual woman employee of West Bengal Raj Bhavan, who has alleged sexual harassment by Governor C V Ananda Bose. Know more in our UPSC Key. (Express File).

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Important topics and their relevance in UPSC CSE exam for July 20th, 2024. If you missed the July 19th, 2024 UPSC CSE exam key from the Indian Express, read it here. 

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Front

SC to look at immunity to Governors under Article 361

UPSC Syllabus:

Preliminary Examination: Polity

Mains Examination: GS-II: Polity

What’s the ongoing– The Supreme Court on Friday agreed to examine the question of immunity to Governors from any kind of criminal prosecution, granted under Article 361 of the Constitution.

Prerequisites:

— What is Article 361?

— What are the privileges and immunities of the Governor?

Key takeaways: 

— The Bench, headed by Chief Justice of India D Y Chandrachud, was hearing a plea filed by a contractual woman employee of West Bengal Raj Bhavan, who has alleged sexual harassment by Governor C V Ananda Bose.

— The Bench, in its order, noted that the issue pertains to the “ambit of the protection which is afforded inter alia to the Governor under Article 361(2)”, and asked the woman to make the Union of India a party to the petition.

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— Article 361(2) states: “No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office”.

— The Supreme Court will have to decide whether sexual harassment and molestation form part of “discharging or performing duties by the Governor” to grant him blanket immunity under Article 361, she said.

For Your Information:

— Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”

— The provision also has two crucial sub-clauses: (1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office. (2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.

Points to Ponder: 

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— Why is there a provision for a governor in the Constitution?

— What is the role and power of the Governor?

— What are the recommendations made by various committees on reforming the office of the Governor?

(Thought Process: Administrative Reforms Commission of 1968, Sarkaria Commission of 1988, Venkatachaliah Commission of 2022, observations made by the Supreme Court, and more.)

Post Read Question:

Prelims

Consider the following statements: (UPSC CSE 2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.

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2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Mains

Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (UPSC CSE 2018)

Other Important Articles Covering the same topic:

Amid sexual harassment complaint against West Bengal Governor, a look at how Article 361 provides immunity

What explains the frequent disagreements between state governments and Governors?

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Express Network

60 µg/l uranium in drinking water safe: Study

UPSC Syllabus:

Preliminary Examination: Environment

Mains Examination: GS-III: Environment pollution and degradation

What’s the ongoing story- A new study by scientists from the Bhabha Atomic Research Centre (BARC) has concluded that concentration of uranium, a radioactive substance, up to 60 micrograms per litre (millionth of a gram per litre or µg/l) in drinking water was entirely safe, suggesting that the recently formulated “more stringent” national standard of 30 µg/l could be counterproductive.

Prerequisites:

— What is uranium contamination?

— What are the other forms of drinking water contamination?

— What is the WHO-recommended safe level of uranium for drinking purposes?

Key takeaways: 

— For years, the acceptable level of uranium concentration in drinking water in India was 60 µg/l — set by the country’s nuclear safety watchdog, Atomic Energy Regulatory Board (AERB). In 2021, the Bureau of Indian Standards (BIS), the custodian of standards and quality in India, however, announced a new limit of 30 µg/l, in line with recommendations of the World Health Organization (WHO).

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— The BARC study, meanwhile, cited several medical researches, including those conducted by the WHO, to argue that small concentrations of uranium in drinking water pose no threat.

— “The WHO has recently concluded that there is no evidence of a correlation between the natural levels of uranium in drinking water and a carcinogenic effect… it emphasised that there is no proof associating uranium in drinking water with a cancer risk.” the study said.

—- According to the researchers, the WHO’s standards of uranium concentration in drinking water — 30 µg/l — were mere guidelines, and not a recommended safety limit.

—  Finland and Slovakia — two nations with considerable amounts of uranium consumption — have prescribed safety limits of 100 and 350 µg/l respectively; another uranium-rich country, South Africa, has a limit of 70 µg/l. The limits in countries like Canada and Australia that have the largest deposits of uranium among others, however, are 20 and 15 µg/l, respectively. Germany, which does not have uranium, has even lower limits.

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— According to the BARC study, in the absence of any evidence of adverse health impacts at such small concentrations, considerations like geological (prevalence of uranium) and socio-economic conditions, and population dynamics must also be taken into account while deciding on national standards on uranium contamination.

Points to Ponder: 

— How does groundwater get contaminated?

— What is the impact of Uranium on human health?

— What is the impact of contaminated drinking water on human health?

— What are the current government initiatives related to safe drinking water?

Post Read Question:

Which of the following can be found as pollutants in the drinking water in some parts of India? (UPSC CSE 2013)

1. Arsenic

2. Sorbitol

3. Fluoride

4. Formaldehyde

5. Uranium

Select the correct answer using the codes given below.

(a) 1 and 3 only

(b) 2, 4 and 5 only

(c) 1, 3 and 5 only

(d) 1, 2, 3, 4 and 5

Other Important Articles Covering the same topic:

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Nitrate, uranium, nearly twice the permissible limits, in Gautam Buddha Nagar groundwater

The Editorial Page

Why NEET debate is untidy

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II: Government policies and interventions for development in various sectors, issues related to Education.

What’s the ongoing story- H C Pokhriyal writes: The NEET 2024 exam crisis seems to be the subject of several debates, in Parliament, the Supreme Court, and in the media due to the alleged use of unfair means in the examination process. But the rhetoric does not consider the dangers of the alternative — an exclusionary, high-stakes medical entrance examination.

Prerequisites:

— What is the NEET examination?

— What is the recent controversy around the NEET examination?

Key takeaways: 

— The examination, for which around 2.4 million students appeared across 4,750 centres, was flagged for the use of unfair means by several candidates. However, there is no conclusive evidence of mass malpractice.

— Designing such an entry-level test is the sole responsibility of the examining body, the NTA in this case… There is also the issue of grace marks, which are frequently allotted during paper correction as directed by the Supreme Court’s 2018 judgment. However, there is a need to formulate a comprehensive grace marks policy.

— Experts have suggested online examinations as a possible solution. The debate over pen-and-paper vs computer-based testing is unending… However, the issue of accessibility, data security, and more importantly, students’ comfort using such technology must not be overlooked. NEP 2020 highlighted the issue of a digital divide, with digital reach still limited across the country.

— Digitisation of exams would likely be outsourced to private sector enterprises, rendering the testing agencies dependent on these companies… There is also the issue of cybersecurity.

— Professional agencies must ensure accountability and trust whilst conducting these examinations at the grassroots. Rather than using private institutions to hold the exams, government secondary schools and colleges, which offer a wider network across the country, could be used.

— The integrity of institutions that design and conduct entrance examinations can only be upheld by reforming exam governance rather than jumping to digital solutions.

For Your Information:

— According to Sakthirajan Ramanathan and Sundaresan Chellamuthu: NEET needs to be reevaluated. Public health is a state subject and education is part of the concurrent list. All states need to be taken into confidence, before framing the admissions processes, especially in institutions controlled by the state government. The debate on NEET touches on broader issues such as educational equity and federalism.

— If NEET is riddled with problems, what are the alternatives? Instead of a single cross-sectional assessment, a summative assessment over two to three years of performance in school education along with a general aptitude test might improve the selection process…

— The primary objective of refining the medical entrance process is to ensure that students with high average marks gain admission not only to government-run medical colleges… The goal should be to ensure that people from disadvantaged sections are adequately represented in the medical field and they can contribute to making healthcare accessible to their communities.

Points to Ponder: 

— What are your suggestions for improving the medical entrance examination system?

— What are the problems faced by the education system in India?

Post Read Question:

Which of the following committees has been recently constituted by the Central government to review the conduct of examinations and functioning of the National Testing Agency (NTA)?

(a) K. Radhakrishnan committee

(b) Anandakrishnan Committee

(c) P Kalaiyarasan Committee

(d) AK Rajan committee

Other Important Articles Covering the same topic:

Why an exam like NEET does not work for a country as diverse as India

 

The Ideas Page

A process more punishing

UPSC Syllabus:

Preliminary Examination: Polity and Governance

Mains Examination: GS-II: Government policies and intervention

What’s the ongoing story- Menaka Guruswamy writes: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC).

Prerequisites:

— What was the need for the new criminal laws?

— What is the difference between police custody and judicial custody?

— What are the significant changes brought about by the new criminal law in India?

Key takeaways: 

— The CrPC was not the coloniser’s instrument, but a post-colonial law that had undergone reforms in independent India. As a practitioner of criminal law, there is no statute more important than the CrPC that stands by the side of any accused.

— The custody of an accused is broadly divided into two kinds — police and judicial. The former means that the police have principal control or physical custody over you, while the latter typically has you placed in a jail which has its own institutional rules and regulations, including visiting hours, access of the police to the accused, mealtimes, and sleep time. It is police custody which is typically the harshest experience for any accused.

— Section 167 of the CrPC authorised custody up to a maximum of 60 or 90 days, depending on the extent of punishment prescribed.

— It is evident from this that the attempt was to limit police custody and protect the accused from police excesses by mandating that police custody would only be up to 15 days. Section 187 of the BNSS does otherwise…

— The Unlawful Activities (Prevention) Act, 1967 (UAPA), which prescribes a maximum limit of 30 days for policy custody. Further, section 43 D of UAPA mandates that the investigating officer is required to file an affidavit providing reasons for seeking police custody, if the accused is in judicial custody. By contrast the BNSS, which is a statute pertaining to general criminal law, enables a three-fold increase of the maximum period of police custody as compared to even UAPA.

— This is a constitutionally burdensome provision that will impinge on the rights of an accused. Spending up to 90 days with the police having unimpeded access to an accused is debilitating from the point of view of rights to life, health (including mental well-being) and fair trial.

— The BNSS, thus, nullifies safeguards against police excesses and violates an undertrial’s right under Article 21 of the Constitution. For an accused to be held in police custody for such a long period can make her susceptible to custodial violence/torture.

For Your Information:

— The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), passed in Parliament last December, replaced the Indian Penal Code (IPC), 1860, the Criminal Procedure Code (CrPC), 1973, and the Indian Evidence Act, 1872 respectively.

Points to Ponder: 

— What are the rights of an accused under the constitution?

— How the Supreme Court ruling has expanded the scope of Article 21?

— What are the issues and challenges with the implementation of new criminal laws?

Post Read Question:

Which of the following committees has been constituted to reform the criminal laws in India?

(a) Ranbir Singh Committee

(a) Malimath Committee

(b) Rangarajan Committee

(c) Sachar Committee

Other Important Articles Covering the same topic:

Explained: New crimes under the Bharatiya Nyay Sanhita, and some grey areas

 

Explained

If Trump returns, 5 resets New Delhi may need

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II: International Relations

What’s the ongoing story- C. Raja Mohan writes: Unlike in his first term, when an inexperienced Trump had to constantly defer to the “adults in the room” (figures from the deep state or the establishment that were part of the administration), if he returns to the White House, he will be more confident about implementing his convictions this time around.

Prerequisites:

— Which are the major political parties in America?

— Assassination attempt at Trump

Key takeaways: 

— Trade & economic globalisation: The Republican convention has unhesitatingly backed Trump’s anti-globalisation instincts. The GOP wants to stop outsourcing production to the rest of the world (at the cost of working people at home), and “make America a manufacturing superpower” again.

— Trade issues that were an important irritant in India’s engagement with Trump in the first term, will now be a serious challenge, addressing which will involve rethinking India’s own trade strategies.

— Security & alliances: On security, India might be better placed than US allies in Europe and Asia that fear US abandonment. The Republicans are not seeking to isolate America from the world. They want greater reciprocity.

— There is a nice fit between the American quest for willing and capable partners, and India’s desire to build its comprehensive national power, and play a larger role in reshaping Asian security.

— Democracy & interventionism: The Republican focus on battling “woke ideology” at home is accompanied by an opposition to liberal internationalism, and all that it entailed — including the obsession with promotion of democracy and human rights, and a penchant for political interventionism around the world.

— Immigration & open borders: Indian elites have been a major beneficiary of America’s open border policies since the 1960s. But immigration has become a toxic issue in US domestic politics… India should be able to work with the Trump Administration on facilitating legal immigration so critical for US business, while curbing illegal migration.

— Climate & energy: The Republicans are determined to bring down the Biden Administration’s expansive agenda of “green transition”. Trump is promising to make America an “energy superpower” through industrial policy… The Trump years saw India engage with America’s big oil companies. Delhi might be prudent to reconnect with them.

— India must step up interaction with different US domestic political constituencies amid the massive political realignment being engineered by Trump.

For Your Information:

— John Keane writes: What’s certain is that a Trump presidency will accelerate a transition away from democracy in the name of democracy. Millions of American citizens will remain angry. Hopeful of a great future, their bitter disappointment will continue to be the night soil — the untreated politico-faecal excreta — in which Trump’s demagoguery was hatched in the first place.

Points to Ponder: 

— How is the bilateral relationship between India and USA?

— What are the challenges in the India-USA relationship?

— What are the new areas of cooperation between them?

Post Read Question:

“What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s national self-esteem and ambitions”. Explain with suitable examples. (UPSC CSE 2019)

Other Important Articles Covering the same topic:

Trump is set to win. What does that mean for America and the world?

Anti-Quota protests in Bangladesh

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-I, II: World History, International Relations

What’s the ongoing story- Four people were reported killed as police fired at protesters in Bangladesh on Friday… The protests by students against reservation in government jobs began on June 1, spiked after June 5, and escalated sharply on July 15. As of Friday morning, total deaths were estimated to have crossed 50.

Prerequisites:

— What was the role of India in the creation of Bangladesh?

Key takeaways: 

— The protests are led by youths opposed to the return of a 30% quota in government employment at all levels for those who fought for the freedom of Bangladesh from Pakistan, as well as their children and grandchildren.

— A Reuters report cited some analysts as saying the violence was now being driven by wider economic discontent, including high inflation, growing unemployment, and shrinking foreign exchange reserves.

— Article 29(1) of Bangladesh’s 1972 Constitution says “there shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic”. However, under Article 29(3)(a), the state can make “special provisions in favour of any backward section…for the purpose of securing their adequate representation in the service of the Republic”.

— More than two-thirds of Bangladesh’s 170 million population is the working age group of 15-64, and more than 25% are between the ages of 15 and 29 according to data from the International Labour Organization (ILO).

For Your Information:

— In an early reaction to the violence, Hasina asked rhetorically why the protesters resented the freedom fighters’ quota, and whether they believed that the benefits should instead go to the “grandchildren of razakars”, using a derogatory word that carries grim historical baggage.

— The razakars, literally “volunteers”, were a paramilitary force set up by Pakistan’s General Tikka Khan in 1971 to facilitate Islamabad’s control over East Pakistan, and to crush the liberation movement that the Bangabandhu was leading at the time. The collaborationist razakars, working alongside Pakistan’s armed forces, were behind some of the worst atrocities perpetrated on the Bangladeshi people.

— In the popular Bangladeshi memory, razakars are often remembered with greater resentment than even the Pakistani army and bureaucracy. Over the years, the Awami League has often referred to its critics and dissidents — constituted in large measure by Islamists and pro-Pakistan elements — as razakars.

— In response to Hasina’s jibe, student protesters called her an autocrat — raising slogans that translate as “Who am I? Who am I? Razakar, razakar. Who said that? Who said that? Autocrat, autocrat.”

Points to Ponder: 

— What is the role of civil society in ensuring the rule of law?

— What is the status of India and Bangladesh’s relationship?

— What are the areas of cooperation and disputes between India and Bangladesh?

Post Read Question:

Examine the evolution of India-Bangladesh relations in recent years. Analyse the impact of the recent re-elections of Sheikh  Hasina and Narinder Modi on the bilateral ties between the two nations.

Other Important Articles Covering the same topic:

Bangladesh protests its internal matter, India committed to citizens’ safety: MEA

Windows outage: how a faulty software update hit businesses globally

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-III: Science and technology

What’s the ongoing story- A major disruption in Microsoft Corp’s cloud services caused service disruptions to a number of businesses around the world, including in India. Microsoft said that a preliminary cause for the disruption was a configuration change  “in a portion of [its] Azure backend workloads”, which resulted in connectivity failures that affected Microsoft 365 services dependent on these connections. Azure is Microsoft’s cloud computing platform.

Prerequisites:

— What is the significance of cyber security?

— What is the role of the Indian Computer Emergency Response Team (Cert-In)?

Key takeaways: 

— At the heart of the issue was a software update issued by US cybersecurity firm CrowdStrike for Windows systems, which ended up malfunctioning and caused system downtimes. The issue was specific to Falcon, one of the company’s main software products, which is deeply embedded with the Windows operating system.

— In India, the impact of the outage was most pronounced in the aviation sector. Hundreds of flights were delayed, and several cancelled, as airline operators found their systems inoperational, forcing them to switch to manual processes.

— In India, at least ten banks and NBFCs faced minor disruptions, which have either been resolved or are being resolved, the Reserve Bank of India said. It added that overall, the financial sector in India remained insulated from the global outage since critical systems of most banks were not in the cloud, and only a few banks are using the CrowdStrike tool.

— India’s nodal cyber agency, the Indian Computer Emergency Response Team (Cert-In) also issued an advisory regarding workarounds to the issue.

Points to Ponder: 

— What are the challenges posed by cyber-attacks?

— What is the status of India in ensuring Cyber security?

Post Read Question:

Prelims

In India, it is legally mandatory for which of the following to report on cyber security incidents? (UPSC CSE 2017)

1. Service providers

2. Data centres

3. Body corporate

Select the correct answer using the code given below:

(a) 1 only

(b) 1 and 2 only

(c) 3 only

(d) 1, 2 and 3

Mains

What are the different elements of cyber security? Keeping in view the challenges in cyber security, examine the extent to which India has successfully developed a comprehensive National Cyber Security Strategy. (UPSC CSE 2022)

Other Important Articles Covering the same topic:

We want a Digital India. Just not the one we are living in

UPSC Ethics and Essay Snippet

‘Wordly Wise’ from The Editorial Page

“Prejudice is a burden that confuses the past, threatens the future, and renders the present inaccessible.”

— Maya Angelou

(Thought Process: What does prejudice mean? How does prejudice impact individuals, society, and nations? How can we rise above prejudice to see people for who they truly are? How does prejudice foster ignorance and create a dangerous environment? When we view the past through the lens of prejudice, do we distort the truth and reinforce biases rather than acknowledging events as they were? How does this distorted history perpetuate harmful stereotypes and misinformation? How does prejudice threaten our future by hindering growth and learning? Can recent instances, such as the racist comments following Argentina’s victory in Copa America, be seen as examples of prejudice in action? Read more Tainting the victory.)

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https://www.youtube.com/watch?v=nC4ckaj-dJI?si=H0hRsRhmm-X4YHEV&w=560&h=315

Khushboo Kumari is a Deputy Copy Editor with The Indian Express. She has done her graduation and post-graduation in History from the University of Delhi. At The Indian Express, she writes for the UPSC section. She holds experience in UPSC-related content development. You can contact her via email: khushboo.kumari@indianexpress.com ... Read More

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