UPSC Key- May 24, 2023: Know about Ordinance, Article 123, Digital India Bill, Diethylene glycol and Ethylene glycol

FRONT PAGE

India-Australia trust not just diplomatic but based on people-to-people ties: PM

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

Key Points to Ponder:

• What’s the ongoing story– INDIA’S VISION for global governance is guided by the credo “Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Prayaas”, Prime Minister Narendra Modi said Tuesday, addressing the diaspora at a public event in Sydney where he underlined “mutual trust and respect” as the defining characteristic of India’s “deepening” ties with Australia.

• India and Australia-Know the Past and Present bilateral relations

• Map Work-Australia

• Examine India and Australia bilateral relationship in detail

• The India-Australia bilateral relationship-What history says?

• “There was a time when India-Australia ties were defined by three Cs-Commonwealth, Cricket and Curry. It was also said to be based on three Ds-Democracy, Diaspora and Dosti. Some people also said it is based on three Es-Energy, Economy and Education. But the breadth of India-Australia historic ties are much bigger than this”-Elaborate

• Strategic ties between India-Australia-How they have evolved?

• India, Australia and China-Examine

• For Your Information-INDIA AND Australia upgraded to a ‘comprehensive strategic partnership’ in 2020. Economic and strategic ties have deepened, frequency of interactions has increased.

• How has the Quad impacted trade relations between India and Australia?

• India-Australia Economic Cooperation and Trade Agreement (INDAUS ECTA)-Key Proposals

• Defence cooperation between India and Australia-Know in detail

• How do Australia and India working together to combat climate change?

Other Important Articles Covering the same topic:

📍The India-Australia relationship

Previous Year UPSC Mains Questions covering the same theme:

📍The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (GS2, 2021)
📍‘Quadrilateral Security Dialogue (QUAD)’ is the transforming itself into a trade bloc from a military alliance, in present times – Discuss. (GS2, 2020)

GOVT & POLITICS

Govt makes testing of cough syrups must before export

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: 

• General Studies II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

• General Studies II: Important International institutions, agencies and fora- their structure, mandate.

Key Points to Ponder:

• What’s the ongoing story-COUGH SYRUPS from India will be allowed to be exported only after being tested and certified by a government laboratory from June 1, according to a notification issued by the Directorate General of Foreign Trade. The order comes months after some India-made cough syrups were found to be contaminated abroad – and linked to deaths in Gambia and Uzbekistan.

• Why Cough Syrups from India will be allowed to be exported only after being tested and certified by a government laboratory from June 1?

• For Your Information-An alert for the first instance of contamination in India-manufactured syrups was raised by the World Health Organization (WHO) in October last year. The deaths of 70 children with acute kidney injury were linked to the consumption of four syrups manufactured by Indian pharmaceutical company Maiden. The second alert from WHO came in December, with the deaths of 18 children in Uzbekistan being linked to two syrups manufactured by Marion Biotech. In the third instance, the WHO raised an alert in April this year, with contaminated products being reported from the Western Pacific countries of Micronesia and Marshall Islands. The manufacturer, however, maintained that they did not sell their product to these countries. In all three instances, contaminants diethylene glycol and ethylene glycol were detected in the samples tested by other countries.

• What are diethylene glycol and ethylene glycol?

• Is diethylene glycol the same as ethylene glycol?

• What do diethylene glycol and ethylene glycol do?

• What exactly WHO said?

• Is this incident happened for the first time?

• How is cough syrup manufactured?

• Why is cough syrup restricted?

• What is the role of Central Drugs Standard Control Organization (CDSCO)?

• What and who is Drugs Controller General of India?

• Central Drugs Standard Control Organization (CDSCO) and Drugs Controller General of India-Connect the dots

• Why are the syrups not sold in India?

• How this incident impacted India’s Pharma sector?

Other Important Articles Covering the same topic:

📍India-made cough syrups and deaths in Gambia: what we know so far

📍India’s drug problem: Why WHO’s alert over Indian medicines in Gambia should not be ignored

THE EDITORIAL PAGE

India’s multipolar myths

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.

Key Points to Ponder:

• What’s the ongoing story- C Raja Mohan writes: The political outcomes from the G7 summit that concluded on Sunday raise questions about the Indian thinking on a multipolar world. The summit signalled Western unity against the simultaneous challenges presented by Russia and China. More deeply, it reflected the resilience of the Western alliance despite the many differences among the US and its partners.

• “The political outcomes from the G7 summit that concluded on Sunday raise questions about the Indian thinking on a multipolar world”-Discuss

• What Was the Outcome of the G7 Summit?

• The G7 summit signalled Western unity against the simultaneous challenges presented by Russia and China-How?

• “They agreed on “de-risking” commercial ties with China by standing up against Beijing’s non-market policies and economic coercion”-What do understand by “de-risking”?

• “The unfolding cohesion within the West is matched by the growing alignment between Russia and China. As the battle lines between the two sides get drawn, we are heading towards a bipolar framework. What does it mean for India’s discourse on a multipolar world?”-Elaborate

• The word “multipolar” is used in at least three different ways in the Indian debate-How?

• “During the 1990s and early 2000s, Delhi believed the US was the main challenge and China and Russia were part of the answer to that challenge”-How this belief of New Delhi changed significantly?

• “Beyond Kashmir and the territorial threat, China presents challenges on the economic front, undercuts Delhi in the region and counters India’s global aspirations”-Analyse India and China bilateral relations in the light of given statement.

• Try to Comprehend-India’s “multipolar world” of the 1990s was about hedging against US power through the RIC and BRICS; India’s “multipolar Asia” today focuses on balancing China through the Quad and partnerships with the US and its allies. As a bipolar framework envelops Asia, official Delhi will continue to adapt; but the Indian foreign policy discourse lags behind.

Other Important Articles Covering the same topic:

📍PM Modi at G7 Summit: Raise voice against unilateral change in status quo

📍G7’s climate Wishlist, and the realities of efforts to cap warming

EXPLAINED

Govt’s power to promulgate, repromulgate Ordinances — why, how

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein

Key Points to Ponder:

• What’s the ongoing story- On May 19, the central government promulgated an Ordinance that undid the unanimous verdict of a five-judge Constitution Bench of the Supreme Court, which on May 11 gave the Aam Aadmi Party (AAP) government of Delhi control over the transfer and posting of officials in the National Capital Territory (NCT), except with regard to public order, police, and land. The Ordinance promulgated by President Droupadi Murmu gave the Lieutenant Governor of Delhi, who is appointed by the Centre, power over services, and established a “National Capital Civil Service Authority” comprising the Chief Minister and two senior IAS officials, which would decide matters “by majority of votes of the members present and voting” — essentially creating a situation in which the view of the elected CM could potentially be overruled.

• What do you understand by the word ‘ordinance’?

• Who issues ordinance in India?

• What is Article 123 of the Constitution?

• ‘The ordinance-making power is the most important legislative power of the President’-why?

• The Constitution empowers only the President of India to promulgate ordinances-True or False?

• Ordinance making Power of President and Governor-Compare and Contrast

• For Your Information-Under Article 123 of the Constitution (“Power of President to promulgate Ordinances during recess of Parliament”), “if at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.” An Ordinance “shall have the same force and effect as an Act of Parliament”. But the government is required to bring an Ordinance before Parliament for ratification — and failure to do so will lead to its lapsing “at the expiration of six weeks from the reassembly of Parliament”.
The Ordinance may lapse earlier if the President withdraws it — or if both Houses pass resolutions disapproving it. (Rejection of an Ordinance would, however, imply the government has lost majority.) Also, if an Ordinance makes a law that Parliament is not competent to enact under the Constitution, it shall be considered void.

• If, for whatever reason, an Ordinance lapses, then what are the options for the government?

• The judgement of the Supreme Court in the D C Wadhwa case (1987) is highly relevant when it comes to repromulgation of ordinance by the President-Why?

• The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023-Know the key provisions

• Why centre government came up with the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023?

• Quick Recap- The Centre on Friday (May 19) promulgated an Ordinance extending powers to the Delhi lieutenant governor over services in the administration of the national capital – basically, the power to transfer and appoint bureaucrats posted to Delhi. The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, is seen as a bid to nullify last week’s ruling by a Constitution bench of the Supreme Court that handed over the reins of “services” to the Delhi Government. The court had then underlined the importance of the people’s mandate in a democracy expressed through an elected government.

• Can a decision of the Supreme Court be undone?

• How does the ordinance fare against the judgement of the Supreme Court?

• For Your Information-Two constitution benches of the Supreme Court, in 2018 and on May 5, have dealt with the issue of the powers of the Delhi government. Both these judgements involve the interpretation of Article 239AA of the Constitution that deals with the governance structure of the national capital. In 1991, when Article 239 AA was inserted, Parliament also passed the Government of National Capital Territory of Delhi Act, 1991 to provide a framework for the functioning of the Legislative Assembly and the government of Delhi. The ruling on May 5 places three constitutional principles – representative democracy, federalism and accountability – to an elected government within the interpretation of Article 239AA. The judgement also recognises “principles of democracy and federalism” to be part of the basic structure of the Constitution. Since the the basis for the Court’s decision is found in interpretation of constitutional provisions, it can be debated whether a law amending the GNCTD Act, 1991 will suffice to nullify the effect of the judgements. The Delhi government can argue that a legislation that nullifies the effect of the ruling must be an amendment to the Constitution and not just an amendment to the statutory law. The Court also clearly held that Part XIV of the Constitution that contains provisions for regulating the employment of persons to the public services under the union and States is applicable to union territories which includes Delhi.

• Can the Ordinance impact the basic structure of the Constitution?

• What was the Supreme Court’s verdict on May 11?

• What was the issue before the Court?

• For Your Information-In 2015, a Union Home Ministry notification said that the Lieutenant Governor of Delhi shall exercise control over “services”. The Delhi government challenged this before the Delhi High Court, which in 2017 upheld the notification. On appeal, a two-judge Bench of the Supreme Court referred the issue to a larger constitution Bench. In 2018, a five-judge Constitution Bench, headed by then CJI Dipak Misra, in a unanimous verdict laid down the law that governs the relationship between Delhi and the Centre. The ruling was in favour of the Delhi government. While the Constitution bench decided the larger questions, the specific issues were to be decided by a two-judge Bench. In 2019, two judges, (who were also part of the larger 5-judge Bench in 2018), Justices Ashok Bhushan and AK Sikri, delivered a split verdict on the specific issue of “services.” The split verdict then went to a three-judge Bench and eventually a five-judge Constitution Bench, which has now delivered its verdict.

Other Important Articles Covering the same topic:

📍HIJACKING DELHI

📍SC vs Centre in Delhi: Unanimous verdict overturned within days, what can happen now?

📍Supreme Court empowered Delhi govt, Centre gets ordinance to put bureaucrats over CM

The missing Census

Syllabus:

Preliminary Examination: Economic and Social Development

Mains Examination: 

• General Studies I: Population and associated issues

• General Studies II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources

Key Points to Ponder:

• What’s the ongoing story- Last month, an annual report by the UN Population Fund revealed that India was all set to become the world’s most populous country by the middle of this year. It estimated that India’s population would be 1,428 million (or 142.8 crore) by that time, slightly ahead of China’s population of 1,425 million. India would have had a far more accurate number for its population had the 2021 Census exercise been carried out. The 2021 Census had to be postponed because of the Covid pandemic, the first time in the 150-year history of India’s census operations that the exercise was not completed on time. Curiously, the Census has been pending even after the end of the pandemic and the restoration of normalcy. As of now, there is no clarity on the timeline. The enumeration work — the actual counting of people — has traditionally been done in February of the Census year, and if the same practice is to be followed, the earliest it can now be done is in February next year.

• What is Census?

• When was 1st census held in India?

• How is census enumeration collected?

• Why Census 2021 is delayed?

• Do You Know-A Census is Constitutionally mandated in India. There are repeated references to the Census exercise in the Constitution in the context of reorganisation of constituencies for Parliament and state Assemblies. But the Constitution does not say when the Census has to be carried out, or what the frequency of this exercise should be. The Census of India Act of 1948, which provides the legal framework for carrying out the Census, also does not mention its timing or periodicity. There is, therefore, no Constitutional or legal requirement that a Census has to be done every 10 years. However, this exercise has been carried out in the first year of every decade, without fail, since 1881. Most other countries also follow the 10-year cycle for their Census. There are countries like Australia that do it every five years. It is not the legal requirement but the utility of the Census that has made it a permanent regular exercise. The Census produces primary, authentic data that becomes the backbone of every statistical enterprise, informing all planning, administrative and economic decision-making processes. It is the basis on which every social, economic and other indicator is built. Lack of reliable data – 12-year-old data on a constantly changing metric is not reliable – has the potential to upset every indicator on India, and affect the efficacy and efficiency of all kinds of developmental initiatives.

• “The Census is essentially a two-step process involving a house-listing and numbering exercise followed by the actual population enumeration”-Elaborate further

• What is National Population Register (NPR)?

• What are the objectives of National Population Register (NPR)?

• What does usual resident mean?

• What is the difference between usual resident and citizen?

• Is National Population Register (NPR) connected to National Register of Citizens (NRC)?

• Why National Population Register (NPR) is controversial?

• If there was a previous National Population Register (NPR), how and when did the idea originate?

Other Important Articles Covering the same topic:

📍Covid, LS polls set to delay 2021 Census by at least 3 years

 Previous Year Prelims Questions based on Same Theme:

📍Consider the following statements: (GS1, 2009)
1. Between Census 1951 and Census 2001, the density of the population of India has increased more than three times.
2. Between Census 1951 and Census 2001, the annual growth rate (exponential) of the population of India has doubled.
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

FORUM HUNTING

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

Key Points to Ponder:

• What’s the ongoing story-“I will not permit forum shopping”, said Chief Justice of India (CJI) DY Chandrachud last week to a litigant appearing before him on May 19. The remark came as the litigant mentioned his case before the CJI, seeking a hearing, although he had mentioned the same case a day before Justice KM Joseph.

• What is practice of forum shopping?

• Do You Know-When litigants or lawyers attempt to deliberately move their case to a particular judge or Court where they think the judgment could be more favourable, they are said to be “forum shopping.” Websters’s dictionary defines forum shopping as the “practice of choosing the court in which to bring an action from among those courts that could properly exercise jurisdiction based on a determination of which court is likely to provide the most favorable outcome.” Lawyers think about which is the right forum to approach as part of their litigation strategy. For example, one could directly approach the Supreme Court via a public interest litigation case instead of the concerned High Court because the issue could get more eyeballs. However, an obvious effort to circumvent the process or avoid a particular judge is frowned upon.

• What is the Supreme Court’s view on this practice?

Other Important Articles Covering the same topic:

📍Sophisticated forum shopping

US stares at default: What is the debt ceiling crisis, and its likely fallout

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

Key Points to Ponder:

• What’s the ongoing story- In little more than a week, the US government could default on its borrowings — an unprecedented situation that could potentially hit economies worldwide — if Congress doesn’t raise the nation’s debt ceiling. On Monday, US President Joe Biden and House Speaker Kevin McCarthy met to discuss the issue and indicated the talks had been positive. However, no deal has yet been arrived at and negotiations are continuing. Meanwhile, Treasury Secretary Janet Yellen has said the country could default by as early as June 1.

• What is the debt ceiling?

• For Your Information-The debt ceiling, or debt limit, is the total amount the US government is allowed to borrow to finance its expenditure, such as paying salaries and welfare allowances.
Currently, this limit is at $31.4 trillion. The Republicans, who have a majority in the House, are refusing to raise it unless the Democrat-run government agrees to their demands, which include a significant cut in spending. The debt limit was introduced in 1917, when the US entered World War I. Constitutionally, Congress controls the government’s purse strings. The debt ceiling was introduced in order to make it easier for the executive to operate without having to turn to Congress every time it wanted to spend — it allowed the government to borrow as required as long as it kept under the debt limit approved by Congress. According to the Treasury Department website, since 1960, “Congress has acted 78 separate times to permanently raise, temporarily extend, or revise the definition of the debt limit — 49 times under Republican presidents and 29 times under Democratic presidents.” The most recent raising was in 2021.

• What happens if the govt defaults?

• What do the Republicans want?

• Does Biden have any other way?

• Has anything similar happened earlier?

• Is there an alternative?

Other Important Articles Covering the same topic:

📍Debt limit standoff brings tough talk, little action as Joe Biden, world leaders watch for progress

📍US Debt deadline: What happens if the debt ceiling doesn’t get raised?

ECONOMY

Govt will release first draft of Digital India Bill in June first week: MoS IT

Syllabus:

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Key Points to Ponder:

• What’s the ongoing story- The Centre will release a draft of the Digital India Bill in the first week of June, Minister of State for Electronics and IT Rajeev Chandrasekhar said. The legislation will regulate a wide gamut of digital services including social media platforms as the Centre looks to replace India’s decades old Internet law, the Information Technology Act, 2000. Chandrasekhar was speaking at the second ‘pre-draft’ consultation Tuesday. The first leg of the consultation took place in March.

• The Digital India Bill-Know its key provisions

• What is the proposed Digital India Bill?

• Digital Personal Data Protection Bill, 2022, Indian Telecommunication Bill, 2022, and a policy for non-personal data governance-Know key provisions

• “Online platforms should continue enjoying safe harbour protections, which is currently afforded to them under the IT Act, 2000, or such protections should become conditional”-What do you understand by “safe harbour protections”?

Other Important Articles Covering the same topic:

📍Govt rethinking ‘safe harbour’ in Digital India Bill: How this could change internet landscape

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