UPSC Daily Current Affairs- 4th March 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

GS-II

A five-judge Bench led by Chief Justice of India (CJI) D Y Chandrachud is hearing petitions filed in the wake of last year’s political crisis in Maharashtra.

About the Role of a Whip:

• A whip is an official of a political party whose task is to ensure party discipline in the legislature.
• Whips are the party’s “enforcers”.
• The whip ensures that the members of the political party vote according to the party, rather than according to their own individual ideology or the will of their donors or constituents.
• Every political party, whether ruling or Opposition has its own whip in the Parliament.
• He is appointed by the political party and serves as an assistant floor leader.
• Under the Tenth Schedule (anti-defection law) a political party has a constitutional right to issue a whip to its legislators.

Kihoto Hollohan vs Zachillhu case, 1992

• The Supreme court held that the application of the Tenth Schedule is limited to a vote on a “motion of confidence” or “no-confidence” in the government or where the motion under consideration relates to a matter which was an integral policy and programme of the political party.
• Paragraph 2(1)(b) provides for a lawmaker’s disqualification “if he votes or abstains from voting in such House contrary to any direction

Historical background :

• In India, the concept of the whip was inherited from colonial British rule.
• The office of ‘whip’, is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute.
• It is based on the conventions of the parliamentary government.

Defiance of Whip

• A legislator may face disqualification proceedings if they disobey the whip of the party unless the number of lawmakers defying the whip is 2/3rds of the party’s strength in the house.
• This disqualification is decided by the Speaker/Chairman of the house.

Source: THE INDIAN EXPRESS

Disqualification of Members of Parliament

Recently, the debate has surrounded whether disqualification for conviction is final or whether it can be revoked.

Constitutional provisions:

• The provision for disqualification is given in Article 102 of the Constitution.
• It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions.
• If he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).
• If he is of unsound mind and stands so declared by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state; and
• If he is so disqualified under any law made by Parliament.
• Article 102 also authorises Parliament to make laws determining conditions of disqualifications.
• There are analogous provisions for members of state legislatures.

The Representation of the People Act, 1951:

• Disqualification on Imprisonment:
  • The Representation of the People Act, 1951 provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more.
  • The person is disqualified for the period of imprisonment and a further six years.
• Exception for sitting members:
  • There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal;
  • the disqualification will not be applicable until the appeal is decided.

About Disqualification on Ground of Defection:

• The Constitution also lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.

A member incurs disqualification under the defection law:

• If he voluntarily gives up the membership of the political party on whose ticket he is elected to the House;
• If he votes or abstains from voting in the House contrary to any direction given by his political party;
• If any independently elected member joins any political party; and
• If any nominated member joins any political party after the expiry of six months.

Decision of Presiding officer:

• The question of disqualification under the tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India).
• In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review.

Important Supreme Court Judgements:

• 2002– Union of India (UOI) v. Association for Democratic Reforms: The SC held that every candidate, contesting an election to the Parliament, State Legislatures, or Municipal Corporation, has to declare their criminal records, financial records, and educational qualifications along with their nomination paper.
• 2005- Ramesh Dalal vs. Union of India: The SC held that a sitting MP or MLA shall also be subject to disqualification from contesting elections if he is convicted and sentenced to not less than 2 years of imprisonment by a court of law.
• 2013- In Lily Thomas v. Union of India: The SC held that Section 8(4) of The Representation of the People Act, 1951 is unconstitutional which allows MPs and MLAs who are convicted to continue in office till an appeal against such conviction is disposed of.
  • The court held that MP/MLA convicted for two years or above would be disqualified immediately.
• 2015 – Krishnamurthy v. Sivakumar & Ors: The SC held that disclosure of criminal antecedents (especially heinous crimes) of a candidate at the time of filing of nomination paper as mandated by law was a categorically imperative.

Can the disqualification be removed?

• Yes, the Supreme Court has the power to stay not only the sentence but also the conviction of a person.
  • In some rare cases, conviction has been stayed to enable the appellant to contest an election.
  • But the Supreme Court has made it clear that such a stay should be very rare and for special reasons.
• The RPA itself provides a remedy through the Election Commission.
  • Under Sec. 11 of the Act, the EC may record reasons and either remove or reduce the period of, a person’s disqualification.
  • The EC exercised this power for Sikkim Chief Minister P.S. Tamang, who served a one-year sentence for corruption, and reduced his disqualification so as to contest a byelection and remain in office.

Is there legal protection for legislators against disqualification?

• Under Section 8(4) of the RPA, legislators could avoid immediate disqualification until 2013.
• Section 8(4) allowed convicted MPs, MLAs, and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court.
• In other words, the mere filing of an appeal against conviction will operate as a stay against disqualification.
• But in Lily Thomas vs. Union of India, the Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires, and held that the disqualification takes place from the date of conviction.

Way Forward:

The introduction of the tenth schedule in the Indian Constitution was aimed at curbing political defections. Though the law has succeeded in a reasonable way but due to some of its loopholes, it has not been able to achieve the best it can.

Source:  Indian Express

Self-incrimination

In a recent episode the Supreme Court refused to hear a plea by Delhi Deputy Chief Minister seeking bail in the excise policy case.

About Self-incrimination:

• It is a declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination.
• This right is based on the Latin maxim that ‘No one is obligated to blame himself’.

 Provisions for self-incrimination in the Indian constitution :

• Article 20- grants protection against arbitrary and excessive punishment to an accused person, whether a citizen or foreigner or a legal person like a company or a corporation. It contains three provisions in that direction:
• It contains provisions related to No ex-post-facto law, No double jeopardy, and No self-incrimination.
• No self-incrimination means no person accused of any offense shall be compelled to be a witness against himself.
• The protection against self-incrimination extends to both oral evidence and documentary evidence.
• Exceptions: It does not extend to the compulsory production of material objects, the compulsion to give a thumb impression, specimen signature, blood specimens, and compulsory exhibition of the body.
• It extends only to criminal proceedings and not to civil proceedings or proceedings which are not of criminal nature.

Judicial rulings on self-incrimination :

The State of Bombay versus Kathi Kalu Oghad 1961:

• The Supreme Court ruled that obtaining photographs, fingerprints, signatures, and thumb impressions would not violate the right against self-incrimination of an accused.

Selvi v State of Karnataka case, 2010

• In this case the Supreme Court held that a narcoanalysis test without the consent of the accused would amount to a violation of the right against self-incrimination.

 Ritesh Sinha versus State of Uttar Pradesh 2019:

• In this case, the Supreme Court broadened the parameters of handwriting samples to include voice samples, adding that this would not violate the right against self-incrimination.

Source: THE INDIAN EXPRESS

GS-III

Uperodon montanus

Recently a group of zoologists rediscovered Uperodon montanus, a frog, which is endemic to the higher altitudes of the Western Ghats.

About Uperodon montanus:

• It is also known as Jerdon's narrow-mouthed frog or Malabar Hill frog
• It is endemic to the Western Ghatsof India.
• The typical habitat in which this frog is found in tree holes in the rainy season is in the moist deciduous forest to evergreen forest.
• This frog is considered a montane species and is restricted to higher altitude ranges of 800-1,700 metres.
• They are distributed from near Wayanad south across the Palghat and the Shencottah gaps to the Agasthyamalai hills.
• Its tadpoles are free-swimming and exotropic, which means they feed on other species.
• Conservation status:
  • IUCN: Near Threatened

Source: DownToEarth

SMART-PDS System

Why in News?

Recently, the Union Minister of Consumer Affairs, Food and Public Distribution asked the states to make earnest efforts to implement the SMART-PDS system.

About SMART-PDS System:

• The Department of Food and Public Distribution (DFPD) is envisaging a new and unified scheme to strengthen the PDS technology components by standardization of its operation and implementing data-driven decision-making through data analytics.
• Full-Form: Scheme for Modernization and Reforms through Technology in Public Distribution System.
• This scheme aims to transform the entire PDS IT ecosystem by leveraging the usage of Cloud and new-age technology.

Components of SMART-PDS.

• Smart Ration Card: SMART-PDS is a system where smart ration cards are issued to beneficiaries of the public distribution system, and ration is given through fair price shops on the production of the smart ration card by any member of the beneficiary family.
• Fingerprint Template: The fingerprint template of the beneficiary is recorded in these smart ration cards, which record all transactions.
• Nodal Ministry: Ministry of Consumer Affairs, Food and Public Distribution

Source: PIB

Why in News?

Recently, the National Stock Exchange of India received final approval from the markets regulator Securities and Exchange Board of India (SEBI) to set up a Social Stock Exchange (SSE).

About Social Stock Exchange:

• Social Stock Exchange(SSE) is a platform that allows investors to invest in select social enterprises or social initiatives.
• The Union Budget ( 2019 –20 )proposed to initiate steps for creating a stock exchange under the market regulator’s ambit.
• SEBI constituted a group under the chairmanship of Tata group veteran Ishaat Hussain in 2019.
• In 2020, SEBI again set up the Technical Group(TG) under Harsh Bhanwala, ex-Chairman, NABARD for getting further expert advice and clarity on SSE.
• The Social Stock Exchange (SSE) is a novel concept in India and such a course is meant to serve private and non-profit sector providers by channeling greater capital to them.
• Global Examples: SSE exists in countries such as Singapore, and the UK among others. These countries allow firms operating in social sectors to raise risk capital.

Objectives:

• The SSE would function as a separate segment within the existing stock exchangeand help social enterprises raise funds from the public through its mechanism.

Salient Features: 

• Retail investors can only invest in securities offered by for-profit social enterprises (SEs) under the Main Board.
• In all other cases, only institutional investors and non-institutional investors can invest in securities issued by SEs.

Eligibility: 

• Any non-profit organization (NPO) or for-profit social enterprise (FPSEs) that establishes the primacy of social intent would be recognized as a social enterprise (SE), which will make it eligible to be registered or listed on the SSE.
• NPOs can raise money either through the issuance of Zero Coupon Zero Principal (ZCZP) Instruments from private placement or public issue, or donations from mutual funds.

About Zero Coupon Zero Principal (ZCZP) Instruments :

• These are issued by a Not-for-Profit Organisation (NPO) which will be registered with the Social Stock Exchange (SSE) segment of a recognized stock exchange.
• The Finance Ministry has declared zero coupons zero principal instruments (ZCZP) as securities for the purposes of the Securities Contracts (Regulation) Act, 1956.
• These instruments will be governed by rules made by the Securities and Exchange Board of India (SEBI)

About Zero-coupon bond:

• It is a debt security that does not pay interest but instead trades at a deep discount, rendering a profit at maturity, when the bond is redeemed for its full-face value.
• The difference between the purchase price of a zero-coupon bond and the par value indicates the investor’s return.

Source: THE HINDU

Why in News?

The Prime Minister recently lauded the benefits of Nano Urea in bringing long-term positive changes in the lives of Indian farmers.

About Nano Urea:

• It is a nanotechnology-based revolutionary Agri-input that provides nitrogen to plants.
• It is developed and patented by the Indian Farmers Fertiliser Cooperative Limited (IFFCO).
• IFFCO Nano Urea is the only nano fertilizer approved by the Government of India and included in the Fertilizer Control Order (FCO).
• Features:
  • Compared to conventional urea prill, Nano Urea has a desirable particle size of about 20-50 nm and more surface area (10,000 times over 1 mm urea prill) and number of particles (55,000 nitrogen particles over 1 mm urea prill).
  • It contains 4.0 % total nitrogen (w/v).
• Benefits:
  • It is produced by an energy-efficient, environment-friendly production process with less carbon footprints.
  • Increased availability to crop by more than 80%, resulting in higher nutrient use efficiency.
  • It is expected to improve crop productivity, soil health, and nutritional quality of produce and address the "imbalanced and excessive use" of conventional fertilizer.

Indian Farmers Fertiliser Cooperative Limited (IFFCO):

• It is India’s largest multi-state cooperative society that is entirely owned by Indian cooperatives.
• IFFCO is primarily engaged in the production and distribution of fertilizers.
• Headquarters: New Delhi, India.

Source: PIB