UPSC Key | ICJ on Israel, Governor’s immunity, Bhil Pradesh and more

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Explained 

What ICJ said about Israel’s occupation of West Bank and East Jerusalem

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora, Important International institutions, agencies and fora- their structure, mandate.

What’s the ongoing story- The International Court of Justice (ICJ), the United Nations’ principal judicial organ, said on July 19 that Israel’s occupation of the West Bank and East Jerusalem violated international law, and its presence in Palestinian territories should come to an end “as soon as possible”.

Prerequisites: 

— What is the Israel-Palestine conflict? 

— International Criminal Court and International Court of Justice-Compare and Contrast

Key takeaways: 

— Israel has occupied the West Bank and East Jerusalem since the Six-Day War in 1967. Prior to this, the territories were under Jordanian control.

— The most widely accepted definition of occupation comes from Article 42 of the “Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex”,1907. It says that a “territory is considered occupied when it is actually placed under the authority of the hostile army.” Importantly, an occupation must only be temporary, and cannot involve any transfer of sovereignty to the occupying power.

— Once a territory has been seized, the occupying power has certain obligations vis-à-vis persons within the occupied territory, as spelled out in the 1907 Hague regulations, and the Fourth Geneva Convention of 1949, which established international legal standards for humanitarian treatment in war. These obligations include providing food and medical care to the population of an occupied territory. They also prohibit civilian transfers of population in the territory, and the use of or threat of force.

— The ICJ said that Israel is under the obligation to immediately end its illegal occupation, cease new settlement activities and evacuate settlers from the occupied territories, and make reparation to all affected people for the damage caused.

— The court said that other states should not recognise the occupied territories as part of Israel, and refrain from providing aid or assistance to Israel in maintaining this occupation.

For Your Information: 

— The ICJ, also known as the World Court, is a United Nations court that deals with disputes between states, while the ICC is a treaty-based criminal court focusing on individual criminal responsibility for war crimes.

— The 1949 Geneva Conventions are a set of international treaties that ensure that warring parties conduct themselves in a humane way with non-combatants such as civilians and medical personnel, as well as with combatants no longer actively engaged in fighting, such as prisoners of war, and wounded or sick soldiers. All countries are signatories to the Geneva Conventions.

Points to Ponder: 

— Is the ICJ’s opinion binding or enforceable?

— What are the emerging challenges in the field of international criminal justice?

— What is India’s stand on the Israel-Palestine conflict? 

Post Read Question:

Consider the following statements with regard to the  International Court of Justice (ICJ):

1. The ICJ is the principal judicial organ of the United Nations.

2. It was established in June 1945 by the Charter of the United Nations.

3. The ICJ has 15 judges who are elected to nine-year terms by the UN General Assembly and Security Council.

How many of the statements given above are true?

(a) Only one

(b) Only two

(c) All three

(d) None

Other Important Articles Covering the same topic:

Everyday Global: What is the International Court of Justice

A to Z of the Israel-Palestine conflict

The Governor’s immunity

UPSC Syllabus:

Preliminary Examination: Indian Polity and Governance

Mains Examination: GS-II: Constitution, Indian Polity and Governance, Various Constitutional posts, powers, functions.

What’s the ongoing story- The Supreme Court on July 19 agreed to hear a plea seeking to redefine the contours of the constitutional immunity enjoyed by the Governor of a state.

Prerequisites: 

— Office of Governor-know the historical background

— What are the constitutional provisions related to the Governor?

— What are the privileges and immunities of the Governor?

Key takeaways: 

— A three-judge Bench — comprising Chief Justice of India DY Chandrachud, and Justices J B Pardiwala and Manoj Misra — took up the issue after a petition was moved by a contractual woman employee of West Bengal Raj Bhavan. She has alleged sexual harassment by Governor C V Ananda Bose.

— Article 361 states that the President, or the Governor of a state, “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”, unless it is by Parliament for impeachment from office.

— The provision further says “no criminal proceedings whatsoever shall be instituted or continued”; “no process for the arrest or imprisonment” can take place while the President, or the Governor, holds office.

— The interpretation of these phrases — in Article 361(2) and 361(3) — “criminal proceedings” and “process for the arrest or imprisonment” is what is now before the SC. 

— In the last decade, the courts have shed light on what it means for criminal proceedings to be “instituted” against the Governor, and when the protection under Article 361(2) lapses.

— The SC did so in the 2017 criminal case — State vs Kalyan Singh & Ors — concerning the Babri Masjid demolition in 1992. The court delayed the trial against then Rajasthan Governor Kalyan Singh, who was one of the accused in the case. In its order, the SC said being the Governor, Kalyan Singh “is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan. The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor”.

— Another judicial intervention on the Governor’s immunity came in the landmark 2006 ruling in Rameshwar Prasad vs Union of India. In the case, the SC had to deal with the Governor’s immunity in civil cases after recommending the Bihar Assembly’s dissolution in 2005.

— The court said while the Governor enjoys “complete immunity” when exercising their powers under Article 361(1), this immunity “does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides (actions taken in bad faith)”.

Points to Ponder: 

— How does the role of the governor differ from that of the President in terms of their constitutional positions?

— What is role of governor in legislative procedure in state legislature?

— What are the challenges associated with the Governor’s office? 

— What reforms are suggested by various committees and the Supreme Court regarding the office of Governor?

(Thought Process: Administrative Reforms Commission of 1968, the Rajamanar Committee of 1969, the Sarkaria Commission of 1988 and Punchhi Commission-What were their recommendations in the context of role of Governor?.)

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.

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

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC CSE 2022)

Other Important Articles Covering the same topic:

SC to look at immunity to Governors under Article 361

How children win with U-WIN, govt’s new online vaccine portal

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance 

Mains Examination: GS-II: Government policies and interventions related with Health sector

What’s the ongoing story- On the government’s 100-day health agenda is the countrywide rollout of U-WIN, an online vaccine management portal for childhood vaccination — similar to CoWIN used during the Covid-19 pandemic.

Prerequisites: 

— What is U-WIN? How does it work?

— What is Electronic Vaccine Intelligence Network (eVIN)?

— Read about the Universal Immunization Programme.

Key takeaways: 

— With digitised and individualised immunisation records since birth, the government hopes to identify and reach the small proportion of children currently outside its vaccine net. The platform is already being piloted in several states, and national implementation is imminent.

— Children, up to the age of six years, and pregnant mothers are registered on U-WIN using government ID like Aadhaar, and their mobile phone numbers. Upon registration, records of all 25 shots given to a child — and the two given to pregnant mothers — can be added.

— U-WIN also registers all births, the three vaccines against polio, hepatitis B, and tuberculosis administered at birth, a child’s birth weight, and any physical deformities observed at birth. These data-points can be utilised by other government programmes as well — the idea is to eventually connect all digital records through ABHA (Ayushman Bharat Health Account) ID.

— U-WIN will also be linked to the government’s existing eVIN platform for inventory management. eVIN tracks all vaccine vials, from large central stores to each vaccination site in the country. It keeps track of the number of doses used, the number of doses that go to waste, and the number of open vials that are submitted back by the sites, and is used by sites to raise demands for vaccines.

Points to Ponder: 

— What are the benefits of using U-WIN?

— What is Mission Indradhanush?

— What are the challenges associated with the vaccination in India?

Post Read Question:

‘Mission Indradhanush’ launched by the Government of India pertains to (UPSC CSE 2016)

(a)  immunization of children and pregnant women 

(b)  construction of smart cities across the country 

(c) India’s own search for the Earth-like planets in outer space 

(d) New Educational Policy 

Other Important Articles Covering the same topic:

A vaccine for every child: How govt’s U-Win portal is set to redraw immunisation map

 

Front Page

F&Os surge hurt capital formation growth; a major concern: SEBI, RBI

UPSC Syllabus:

Preliminary Examination: Current events of national, Economic Development

Mains Examination: GS-III: Indian Economy and issues relating to growth.

What’s the ongoing story- Financial market regulators Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) are worried that the surging volumes in futures and options have started impinging on capital formation and thus pose a systemic risk to India’s economic growth.

Prerequisites: 

— Read about the role of SEBI and RBI in the Indian economy.

— What is the difference between futures and options?

Key takeaways: 

— Futures and options are derivative contracts that derive their value from underlying assets that include stocks, commodities, currencies, etc. Based on their expectation of future price movement, investors enter into a contract to buy or sell the asset in ‘lots’ (a lot has multiple units of the asset) by paying a small margin amount.

— Data sourced from a recent SEBI bulletin on futures and options shows a sharp jump in both turnover and number of contracts traded. 

— SEBI had set up a working group under former executive director of RBI, G Padmanabhan, to study the derivatives segment and suggest measures for risk management and investor protection. The sources said the working group met mid-July and is close to presenting a report to the standing committee of SEBI.

Points to Ponder: 

— What are the riks associated with futures and options?

— What is the role of SEBI in regulating stock exchanges in India?

— What steps need to be taken to educate investors about the risks and benefits associated with the futures and options?

Post Read Question:

In the context of finance, the term ‘beta’ refers to (UPSC CSE 2023)

(a) the process of simultaneous buying and selling of an asset from different platforms

(b) an investment strategy of a portfolio manager to balance risk versus reward

(c) a type of systemic risk that arises where perfect hedging is not possible

(d) a numeric value that measures the fluctuations of a stock to changes in the overall stock market

Other Important Articles Covering the same topic:

Surge in retail trading in futures and options: Froth and risk

 

Govt & Politics

Panchamasali Lingayats in Karnataka to renew stir for 2A category reservation

UPSC Syllabus:

Preliminary Examination: Current events of national importance, Polity

Mains Examination: GS-II: Indian Polity and Governance

What’s the ongoing story- The Panchamasali Lingayats, a dominant agrarian caste in Karnataka, are on a warpath again, demanding 2A category reservation under the OBC list.

Prerequisites: 

— Who are the Lingayats?

— What is the difference between the Lingayats and the Veerashaivas?

— What are the constitutional provisions concerning the reservation?

Key takeaways: 

— On July 23, about 150 Panchamasali lawyers from across Karnataka will gather in Bengaluru to exert pressure on the Siddaramaiah government to argue in favour of 2A category reservation, which provides for better benefits including higher quota share than 2D, the category under which the Panchamasalis currently fall.

— The Panchamasali Lingayats have been demanding special reservation for nearly a decade, citing social backwardness of the community. The former government had given them 2D category reservation after scrapping the quota for Muslims. This was challenged in the state’s High Court, which directed the government not to violate constitutionally provisioned reservations.

For Your Information: 

— The Lingayats are a dominant community who make up nearly 17% of Karnataka’s six crore population . The Lingayats, classified as a Hindu sub-caste called Veerashaiva Lingayats, are essentially followers of the 12th-century philosopher Saint Basavanna, who started a movement to help sections of society break away from the chains of caste. The Lingayat community has many sub-sects identified on the basis of the vocations they follow.

— The Panchamasali Lingayat community, which is basically engaged in agriculture, has cited poverty among a large section in the community as a reason for seeking OBC reservations. The Panchamasalis claim to make up around 85 lakh of the 6 crore population in Karnataka and claim to make up more than 70 per cent of the state Lingayat population – estimated to be around 17 per cent of the total population in the state of Karnataka.

Points to Ponder: 

— What are the different kinds of reservations in India?

— What are the arguments for and against reservation?

— What other initiatives can be taken by the government for the upliftment of the marginalised?

Post Read Question:

Prelims

Consider the following statements: (UPSC CSE 2023)

Statement-I: The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II: Article 335 of the Constitution of India defines the term ‘efficiency of administration’.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-1

(c) Statement-I is correct but Statement-II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Express Network

World needs to see India without prejudice: PM 

UPSC Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-I, GS-II: Indian Heritage and Culture, History, Important International institutions, agencies.

What’s the ongoing story- Prime Minister Narendra Modi was talking about the recent archaeological findings in Uttar Pradesh’s Sinauli, where the remains of a 4000-year-old horse drawn carriage were discovered by the Archaeological Survey of India, corresponding to Vedic period, rather than the Indus Valley civilisation.

Prerequisites: 

— UNESCO World Heritage Committee and its functions. 

— Read about the Indus Valley civilisation and the Vedic period:- Origin of the civilisation, town planning, craft, economy, religion, decline of the civilisation.

— What is World Heritage Site?

Key takeaways: 

— “As new facts are coming to light, as history is getting scientifically and technologically verified, we have to develop new perspectives to see history),” the Prime Minister said, addressing the gathering at the opening of the 46th session of the World Heritage Committee (WHC) at the Bharat Mandapam here.

— While the Western scholars proposed that chariots and weapons came to India with the Aryan invasion, ASI says the Sinauli excavation shows evidence of burials of warriors, weapons and chariots which is indigenous in nature.

— The World Heritage Committee meets annually and is responsible for managing all matters on World Heritage and deciding on sites to be inscribed on the World Heritage list. India is hosting the WHC Meeting for the first time.

For Your Information: 

— India is hosting the 46th World Heritage Committee Meeting for the first time at Bharat Mandapam in New Delhi.

— It is being organized by the Archaeological Survey of India (ASI) on behalf of the Ministry of Culture.

—The logo of the meeting is inspired by the World Heritage Site of Hampi.

— The tagline of the logo is सह नौ यशः, which means “May our Glory Grow” in English. The tagline has been derived from the ancient Sanskrit scripture ‘Taittiriya Upanishad’, which is a testament to our ancestors’ wish for growth for one and all.

Points to Ponder: 

— How is a World Heritage Site selected?

— What is the role of UNESCO in protecting the World Heritage?

— What are the UNESCO World Heritage list in India?

Post Read Question:

Consider the following properties included in the World Heritage List released by UNESCO: (UPSC CSE 2024)

1. Shantiniketan

2. Rani-ki-Vav

3. Sacred ensembles of the Hoysalas

4. Mahabodhi Temple Complex at Bodhgaya

How many of the above properties were included in 2023? 

(a) Only one

(b) Only two

(c) Only three

(d) All four

Why ‘Bhil Pradesh’ demand is back in Rajasthan

UPSC Syllabus:

Preliminary Examination: Current events of national importance

Mains Examination: GS-II: Polity and Governance

What’s the ongoing story- The demand of the Bhil tribal community for a separate state is gaining momentum in Rajasthan. On July 18, many members of the Bhil community gathered for a “maha sammelan” at Mangarh Dham in Banswara, a tribal-dominated district, and raised the demand for a separate state of “Bhil Pradesh” by carving out 49 districts from four states.

Prerequisites: 

— Read about the Bhil tribe.

— What are the constitutional provisions related to the creation of new states?

— Major tribes of India. 

Key takeaways: 

— The demand for Bhil Pradesh has been frequently raised by tribal leaders over the years, and the Bharat Adivasi Party (BAP), formed last year as a breakaway faction of the Bharatiya Tribal Party (BTP), has been buoyed by its performance in the recent Lok Sabha polls to champion it with renewed vigour.

— As per Census 2011, there are 1.7 crore Bhils across the country. Their largest concentration is in Madhya Pradesh at about 60 lakh, followed by 42 lakh in Gujarat, 41 lakh in Rajasthan and 26 lakh in Maharashtra.

Points to Ponder: 

— Why does the Bhil tribe want a separate state?

— What are the various statehood demands in India? What are the reasons behind it?

— What are the advantages and disadvantages of the creation of new states?

— What initiatives have been taken by the government for the empowerment of tribes?

Post Read Question:

Consider the following statements:

1. There is a National Commission for semi-nomadic tribes while there is no commission for denotified tribes.

2. The Renke Commission estimated the population of denotified and semi-nomadic tribes based on Census 2001.

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

Other Important Articles Covering the same topic:

Why members of the Bhil tribe have again demanded a separate ‘Bhil Pradesh’

 

The Ideas Page

Bankrolling growth

UPSC Syllabus:

Preliminary Examination: Economic development

Mains Examination: GS-III: Indian economy and growth

What’s the ongoing story- Amish Mehta writes— “a significant reduction in bad loans and timely recapitalisation have meant that the banking sector is very well-placed to lend. Together with rising credit supply from alternative channels and financial innovation, the growth finance available for both the “great Indian infrastructure build-out” and corporate capital expenditure is arguably the largest in memory, including as a percentage of nominal GDP.”

Prerequisites: 

— What are non-performing assets?

— What is the provisioning coverage ratio?

— Read about the infrastructure investment trusts (InvITs), real estate investment trusts (REITs).

Key takeaways: 

— “The banking sector numbers — March 31, 2024, compared with March 31, 2015 — are extremely encouraging. The absolute net worth of the sector has more than doubled to around Rs 24 lakh crore from Rs 9 lakh crore. Net non-performing assets (net NPAs) have plunged to an all-time low of around 0.6 per cent from a peak of 6 per cent, while gross NPAs have crunched to 2.8 per cent last fiscal-end from the peak of 11.2 per cent as on March 31, 2018.”

— “Both net and gross NPAs were relatively low at 2.5 per cent and 4.6 per cent, respectively, as on March 31, 2015, but peaked by March 31, 2018, while improving thereafter. The provisioning coverage ratio has risen to an all-time high of 76.4 per cent from 41.7 per cent as on March 31, 2015, materially limiting the incremental impact on profitability from potential losses on NPAs. Additionally, banks have resorted to write-offs to clean up balance sheets.”

— “Capital infusion by the government into public-sector banks and capital raised by private-sector banks have enabled them to write off NPAs based on the assessment of recoverability, build a healthy provisioning coverage ratio for existing NPA stock and yet maintain strong capital buffers. The public-sector banks have done particularly well. At 15.5 per cent, their capital adequacy ratio is the best in two decades.”

— “India’s credit market has seen the advent of new avenues of fundraising, such as infrastructure investment trusts (InvITs), real estate investment trusts (REITs), restricted groups (RGs), and sustainability-linked and green bonds driven by environmental, social and governance persuasions. It is pertinent to note here that India’s infrastructure capex has increased significantly since the past six fiscals. The outlay budgeted for this fiscal is Rs 11.1 lakh crore.”

— “Traditionally, infrastructure projects were funded either by the government or by large corporations. There was almost no direct investment from the public or foreign investors. InvITs have funnelled both equity and debt from public and foreign investors into infrastructure assets and allowed infrastructure developers to monetise revenue-generating assets, thereby freeing up capital for new projects.”

— “The growth-finance wherewithal is at its decadal best. Regulatory facilitation will be the key to its full unlocking. Relentless execution, strong credit discipline and income spurs for demand growth will be just as crucial, even as the focus on sustainability is kept razor-sharp. That will ensure an enduring ascent for India.”

Points to Ponder: 

— What are the issues and challenges faced by the banking sector in India?

— What reforms have been introduced in the banking and infrastructure sector?

— What initiatives have been taken by the government to promote investment in the infrastructure sector?

Post Read Question:

Prelims

With reference to ‘National Investment and Infrastructure Fund’, which of the following statements is/are correct? (UPSC CSE 2017)

1. It is an organ of NITI Aayog.

2. It has a corpus of `4,00,000 crore at present.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Mains

“Investment in infrastructure is essential for more rapid and inclusive economic growth.” Discuss in the light of India’s experience. (UPSC CSE 2021)

Other Important Articles Covering the same topic:

Economic development through infrastructure investment

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