The Hindu: Content + Context 21.09.2019 https://www.facebook.com/kalpavrikshaeducation/ Indian Polity and Governance (GS Paper 2) Access to Internet is a basic right: Kerala HC Context: Recently, the Kerala High Court upheld the right to have access to the internet as a part of the fundamental right to education along with the right to privacy under Article 21 of the Indian Constitution. Observations made by the Court The Court observed that the internet acts as a learning tool and nobody can impose restrictions on it, citing discipline. The petitioner argued that the restriction on the use of internet amounted to a violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution. The Kerala HC in response cited the Supreme Court judgment in the S. Rengarajan and others v/s P. Jagjivan Ram case (1989) that the fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in the Article 19(2). The restrictions under it must be justified on the anvil of necessity and not the quicksand of convenience or expediency. It is noteworthy that the Human Rights Council of the United Nations also regards the Right of access to the Internet as a fundamental freedom and a tool to ensure the right to education. Conclusion: The Court has observed rightly in the sense that the hostel authorities are expected to enforce only those rules and regulations for enforcing discipline. Enforcement of discipline shall not be by blocking the ways and means of the students to acquire knowledge. Besides, college authorities as well as parents should be conscious of the fact that the students in a college hostel are adults capable of taking decisions as to how and when they have to study.
Transcript
The Hindu: Content + Context 21.09.2019
https://www.facebook.com/kalpavrikshaeducation/
Indian Polity and Governance (GS Paper 2)
Access to Internet is a basic right: Kerala HC
Context: Recently, the Kerala High Court upheld the right to have access to the internet as a
part of the fundamental right to education along with the right to privacy under Article 21 of the Indian Constitution.
Observations made by the Court
The Court observed that the internet acts as a learning tool and nobody can impose restrictions on it, citing discipline.
The petitioner argued that the restriction on the use of internet amounted to a violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
The Kerala HC in response cited the Supreme Court judgment in the S. Rengarajan and others v/s P. Jagjivan Ram case (1989) that the fundamental freedom under Article 19(1)(a) can be reasonably restricted only for the purposes mentioned in the Article 19(2).
The restrictions under it must be justified on the anvil of necessity and not the quicksand of convenience or expediency.
It is noteworthy that the Human Rights Council of the United Nations also regards the Right of access to the Internet as a fundamental freedom and a tool to ensure the right to education.
Conclusion:
The Court has observed rightly in the sense that the hostel authorities are expected to enforce only those rules and regulations for enforcing discipline.
Enforcement of discipline shall not be by blocking the ways and means of the students to acquire knowledge.
Besides, college authorities as well as parents should be conscious of the fact that the students in a college hostel are adults capable of taking decisions as to how and when they have to study.
Context: Punjab cabinet has decided to bring an ordinance to exclude the appointments of
advisors to CM from the ambit of the office of profit.
The appointments were termed by the opposition as an attempt to circumvent the constitutional cap on the size of state’s Cabinet. 91st Amendment of Article 164(1A) of the Constitution mandates that the strength of ministers cannot exceed 15% of the total members of the House.
What is an ‘office of profit’? If an MLA or an MP holds a government office and receives benefits from it, then that office is
termed as an “office of profit”.
A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.
What is the underlying principle for including ‘office of profit’ as criterion for disqualification?
Makers of the Constitution wanted that legislators should not feel obligated to the Executive in any way, which could influence them while discharging legislative functions. In other words, an MP or MLA should be free to carry out her duties without any kind of governmental pressure.
What are the basic criteria to disqualify an MP or MLA? Under Article 102 of the Constitution for an MP, and for an MLA in Article 191. They can be disqualified for:
Holding an office of profit under government of India or state government; Being of unsound mind; Being an undischarged insolvent; Not being an Indian citizen or for acquiring citizenship of another country.
Sources: The Indian Express
International (GS Paper 2): Editorial
Joining RCEP should be seen as an extension of Look East policy
The negotiations of RCEP were formally launched in November 2012 at the ASEAN Summit in Cambodia.
It is a proposed free trade agreement between the 10 member states of ASEAN ( Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam )and its six FTA partners Australia, New Zealand, India, China, Japan and Korea.
The objective of RCEP negotiations is to achieve a modern, comprehensive, and mutually beneficial economic partnership agreement that will cover trade in goods, trade in services, investment, economic and technical cooperation, intellectual property, competition, electronic commerce, dispute settlement and other issues.
What are the Safeguard Measures sought by India?
India is seeking a mechanism to ‘cap’ imports as a safeguard measure in case its withdrawal of tariffs under RCEP leads to a sudden surge in goods flooding the Indian market.
Other sticking points have been over a dual tariff mechanism for countries India doesn’t have an FTA with like China, and the rest, as well as the need for freedom of movement for services from India to the other countries.
With Australia and New Zealand in particular, India has been negotiating on agricultural and dairy imports.
Natural extension of own policy
RCEP is nothing but a natural follow up of India’s Act East policy. India’s main strength lies in the services sector and it must therefore, ensure that RCEP includes
unbridled access for Indian service providers as well as a liberalized visa regime for people working in these fields.
Similarly, protection will need to be ensured for some sensitive industries crucial for national security.
Some temporary protection may be required for certain sectors of agriculture, crucial for food security.
Why RCEP has assumed so much importance in today’s times?
RCEP is the world's largest economic bloc, covering nearly half of the global economy.
If completed, RCEP will be the world’s biggest FTA, comprising countries that makeup 45% of the world’s population with 33% of its GDP, and at least 28% of all trade in the world today, which are projected to form half the world’s GDP by 2050.
What are the Advantages of RCEP for India?
By joining RCEP, India’s inward and outward foreign direct investment will get a boost, particularly export-oriented FDI.
India’s MSMEs could effectively integrate into the regional value and supply chains. India could enhance strategic and economic status in the Asia-Pacific region and can
complement its Act East Policy. It can augment India’s existing free trade agreements with the ASEAN
The RCEP would help India streamline the rules and regulations of doing trade, which will reduce trade costs.
RCEP will bolster opportunities for Indian service sector companies particularly ICT, health care, education services to access new markets.
What are the Disadvantages of RCEP for India?
NITI Aayog held that India’s trade deficit with the ASEAN, Korea and Japan has widened post-FTAs.
Tariff elimination due to RCEP could worsen the trade deficit
Most of the RCEP countries have very high tariffs on certain products sensitive to them, such as rice, footwear, dairy products and honey, which they can continue to shield through the sensitive lists.
Disproportionate loss of customs revenue could occur since import duties are also a source of revenue for India
India has demanded that the ASEAN countries should open up their services sector so that Indian professionals can have easier entry into their market. However, ASEAN countries are very sensitive about protecting service sector and have not offered much liberalisation even within the bloc to each-other.
Greater access to Chinese goods could impact Indian manufacturing sector
It could threatens farming livelihoods. It may also endangers country’s self-sufficient dairy sector.
Why India should not miss RCEP?
India's entry into RCEP may act as a double-edged sword for India:
While several labour groups and industry bodies have lobbied against the agreement and argued for more protection, several economists have pointed out that not joining the RCEP will cut India out of the world’s biggest trade bloc.
Not joining RCEP, it would make India’s exports price uncompetitive with other RCEP members’ exports in each RCEP market
Some of the sectors have been identified as potential sources of India’s export growth impulses
India would get greater market access in other countries not only in terms of goods, but in services and investments also.
In the event of declining economic growth, India should not stay out of the largest free-trade bloc in the world
Apart from this, RCEP provides a chance for India to bring in historic trade reforms, which in itself will cement India's position as a major global economy and make Indian industry competitive.
India’s welcome to RCEP is one way of controlling China and keeping it in check.
In a big grouping like this, China is unlikely to have its way, nor is it going to antagonize everyone.
India’s absences from RCEP will virtually handover this significant grouping to China, which is certainly not in India’s interest.
Source: The Hindu
Indian Economy (GS Paper 3)
GST Council and Corporate Tax
Context: The Goods & Services Tax (GST) Council held a meeting on 20th September 2019 to
decide on tax moderation, keeping in mind the revenue position and the need to boost sagging economic growth.
The GST Council had its 37th meeting in Goa in the backdrop of economic growth hitting a six-year low of 5% for the first quarter of the current fiscal (April - June 2019).
There have been demands pouring in from various sectors — from biscuits to automobiles and Fast Moving Consumer Goods (FMCG) to hotels — to reduce tax rates in the wake of the economic slowdown.
To factor in the creation of Union Territories of Jammu and Kashmir as well as Ladakh, suitable amendments in the Central GST Act, the Union Territories’ GST Act, and the corresponding State GST Acts were approved.
Slashed tax rates on a host of products and services, including jewellery stones, hotel stay and outdoor catering, besides easing the compliance burden for small and medium enterprises.
Corporate Tax Rate Slashed
The central government slashed corporate tax rates for domestic firms from 30% to 22% and for new manufacturing companies from 25% to 15% to boost economic growth.
Corporate tax is a tax imposed on the net income of the company.
The new effective tax rate inclusive of surcharge and cess for domestic companies would be 25.17% and for new domestic manufacturing companies would be 17.01%.
These rates would be applicable to those companies who forego the current exemptions and incentives.
Also, the Minimum Alternate Tax (MAT) will not apply to such companies.
The reduction in the corporate tax rate for domestic companies would be effective from 1st April 2019.
The change for new domestic companies would apply for those which get incorporated on or after 1st October 2019 and start producing on or before 31st March 2023.
The provisions affecting these changes have been inserted in the Income-tax Act through an ordinance.
Need for and significance of the latest move:
The goal is to turn India into an investors’ friendly, demonstrate the government’s intent to walk the talk on economic management, restore investors’ confidence and boost sentiments and demand.
Benefits associated:
Alter the profitability dynamic of the Indian corporate ecosystem.
Given the substantially lower rates would imply that many corporates will break even much ahead than what would have been the case with the earlier rates.
Lower taxes should, ideally, result is higher profit margins. This should bolster their books, and some of these companies should be able to pass on the higher margins in the form of lower product prices to consumers.
Lower corporate income tax rates and the resultant change in profitability will likely prompt companies to invest more, raising their capital expenditure (capex).
Additional capacities will, eventually, through a secondary round effect, prompt these companies to hire more employees.
Concerns over the rate cut:
The move will cost the government Rs 1.45 lakh crore annually. This increases the chances of higher fiscal deficit and government may have to resort to spending cuts or embark on higher disinvestments.
Source: The Hindu
Environment and Ecology (GS Paper 3)
Stubble burning
Context: As many as eight districts in Punjab and three in Haryana have been identified as
contributing around 62% of the total crop burning emission, as per an analysis done by a team of experts at the Indian Institute of Technology, Delhi (IIT-D).
What is stubble burning?
Stubble burning is a common practice followed by farmers in the neighboring states Haryana and Punjab to prepare fields for sowing of wheat in November as there is little time left between the harvesting of paddy and sowing of wheat.
Stubble burning results in emission of harmful gases such carbon dioxide, sulphur dioxide, nitrogen dioxide along with particulate matter.
It quickly clears the field and is the cheapest alternative.
Kills weeds, including those resistant to herbicide.
Kills slugs and other pests.
Can reduce nitrogen tie-up.
What’s the issue?
Stubble burning is adversely affecting environment and public health. The problem has not been fully tackled and the adverse impacts on the air quality and consequent impacts on the citizens’ health and lives are undisputed.
What needs to be done- Supreme Court Observations?
The problem is required to be resolved by taking all such measures as are possible in the interest of public health and environment protection.
Incentives could be provided to those who are not burning the stubble and disincentives for those who continue the practice.
The existing Minimum Support Price (MSP) Scheme must be so interpreted as to enable the States concerned to wholly or partly deny the benefit of MSP to those who continue to burn the crop residue.
Secretary, Union Ministry of Agriculture and Farmers’ Welfare has also been directed to be present to “find a lasting solution.”
The Central government should convene a meeting with the States.
Alternative solutions that can avoid Stubble Burning:
Promote paddy straw-based power plants.
Incorporation of crop residues in the soil can improve soil moisture and help activate the growth of soil microorganisms for better plant growth.
Convert the removed residues into enriched organic manure through composting.
New opportunities for industrial use such as extraction of yeast protein can be explored through scientific research. Sources: the Hindu.
Awareness in space (GS Paper 3)
Aditya- L1 mission
Context: The Indian Space Research Organization is planning to launch Aditya- L1 mission to
study the sun early in 2020.
About Aditya- L1 mission: It is India’s first solar mission. Objectives: It will study the sun’s outer most layers, the corona and the chromospheres and collect data about coronal mass ejection, which will also yield information for space weather prediction. Significance: The data from Aditya mission will be immensely helpful in discriminating between different models for the origin of solar storms and also for constraining how the storms evolve and what path they take through the interplanetary space from the Sun to the Earth. Position of the satellite: In order to get the best science from the sun, continuous viewing of the sun is preferred without any occultation/ eclipses and hence, Aditya- L1 satellite will be placed in the halo orbit around the Lagrangian point 1 (L1) of the sun-earth system. What are Lagrangian points ?
Lagrangian points are the locations in space where the combined gravitational pull of two large masses roughly balance each other. Any small mass placed at that location will remain at
constant distances relative to the large masses. There are five such points in Sun-Earth system and they are denoted as L1, L2, L3, L4 and L5.
A halo orbit is a periodic three-dimensional orbit near the L1, L2 or L3.
Sources: The Hindu.
Miscellaneous
Citizen centric services
Context: The MHA has launched three citizen centric services of the Chandigarh Police.
These valuable public services would effectively reduce the response time of police to address the distress calls of the public and strengthen the police-public interface endeavour of community policing.
Emergency Response Support System
ERSS is one of the key projects of the Union MHA under Nirbhaya Fund. It has been designed to play a pivotal role in mitigation or preventing escalation of crime,
especially against women and children. ERSS provides a single emergency number (112), computer aided dispatch of field resources to
the location of distress. Citizens can send their emergency information through call, sms, email and through the 112
India mobile app. The ‘Dial 112’ emergency response service is an initiative to strengthen proactive community
policing that would end confusion amongst distress callers, who at times end up dialling 100 in fire or medical emergency cases.
E-Beat Book
The ‘E-Beat Book’ is a web and mobile based application which will ease the collection, updation and analysis of the information related to crime and criminals in a real time.
In each division, there is one ‘Atal Sehbhagita Kendra’that is under the supervision of a Beat Officer, having an Android Phone to the use the app.
The E-Beat Book would be linked with Crime and Criminal Tracking Network & Systems (CCTNS), which would help in a real time updation of crime/criminal data.
The citizen can directly approach the‘Atal Sehbhagita Kendra’ for redressal of their grievances and can render their suggestions too.
E-Saathi App
The ‘E-Saathi’ App would help the general public, including senior citizens, to remain in touch with the police and also give suggestions to facilitate participative community policing (‘Your Police at Your Doorstep’ initiative).
The beat officer would be able to provide services like passport verification, tenant verification, servant verification, character certification etc. at a click of a button through the app, without the people needing to visit the police station.
With this initiative, on one hand, where the beat officer would become more efficient in his/her working, this would make police-people communication a two-way process, on the other.
Global Goalkeepers Goals Award 2019:
Context: Prime Minister Narendra Modi is honoured with the prestigious ‘Global Goalkeeper
Award’. The award is conferred by the Bill and Melinda Gates Foundation. The annual awards, in five categories, are presented to leaders and individuals for their efforts
in achieving the Sustainable Development Goals (SDGs). The categories are Progress, Changemaker, Campaign, Goalkeepers Voice and the Global
Goalkeeper.
International Day of Peace 2019:
Context: United Nations (UN) General Assembly declared 21 September as International Day
of Peace. Established in 1981 by unanimous United Nations resolution, Peace Day provides a globally
shared date for all humanity to commit to Peace above all differences and to contribute to building a Culture of Peace.
