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

GS-II

One nation, one election plan- How the Constitution is amended, when do states get a say

Subject: Polity and Governance

Why in News?

Recently, the Centre set up a committee to examine various aspects, both legal and logistical, for implementing the “one nation, one election” idea.

• The Law Ministry has outlined seven terms of reference for the eight-member panel headed by former President Ram Nath Kovind and including Union Home Minister Amit Shah.
• One of the terms of reference is to examine if a constitutional amendment to facilitate simultaneous polls would have to be ratified by the states.

Amending the Constitution

• Constitutional Provision
  • In India, Article 368 of the Constitution deals with the power and process of amending the Constitution.
  • The interpretation of this provision has been fraught, leading to tensions between Parliament and the judiciary since 1951.
• Mix of flexibility and rigidity
  • The Constituent Assembly debated extensively on whether the Constitution should be flexible or rigid.
  • The British constitution is considered flexible, as it can be amended by Parliament passing a law in the same manner in which it would pass any ordinary legislation.
  • On the other hand, the United States Constitution cannot be amended without the ratification of at least three fourths of the individual states.
  • The Indian Constitution adopted a combination of both flexibility and rigidity.
• Constitution is also amended through judicial interpretation and conventions
  • Informally, the Constitution is amended through judicial interpretation and conventions established through usage.
  • For example, the process of appointment of judges to the higher judiciary.
  • While the Constitution refers to a consultation between the President and the Chief Justice of India for appointment of judges, the Supreme Court has interpreted this to the effect that consultation means “concurrence.”
  • This interpretation led to the evolution of the collegium system of appointment of judges, and virtually a change in the letter of the Constitution.

Process of amendment

• Simple majority
  • Several provisions of the Constitution can be amended by the simple legislative process adopted in passing any ordinary legislation in Parliament.
  • This is done through a majority of those present and voting and does not require a quorum.
  • Article 368 does not directly make a list of such ‘less significant’ provisions.
  • However, throughout the Constitution, such provisions are excluded from the purview of Article 368, creating a separate category.
  • E.g., Changing of names of states, admitting new states to the Union, and re-drawing the boundaries of states etc.
• Special majority
  • For amending provisions that do not fall under the first category, Article 368 requires that the amendment Bill is passed in both Houses of Parliament by a majority of not less than two thirds of the members present and voting.
  • Under Rule 158 of the Lok Sabha Rules, total membership means the total number of members of the House, irrespective of any vacancies or absentees at the moment.
• Ratification by states
  • A third category of provisions need not just a special majority to be amended, but also require ratification by the legislatures of at least half of the states.
  • Only after the states’ ratification can such an amendment be presented to the President for assent.
  • While the first two categories are not specifically listed under Article 368, the provisions that require ratification are listed out.
  • These involve the federal character of the Constitution and are referred to as entrenched provisions.
    • E.g., The 99th Constitutional amendment in 2014, establishing the national judicial accountability commission, was ratified by 16 state legislatures before receiving the President’s assent.
    • Similarly, in 2016, the 122nd Constitutional Amendment Bill, which introduced the Goods and Services Tax regime, was ratified by 23 states.

Entrenched provisions

• Article 368 lists six parts of the Constitution that have an additional safeguard for amending them. These are:
  • Article 54 and 55, dealing with the election of the President of India.
  • Article 73 and 162, dealing with the extent of executive power of the Union and states.
  • Articles 124–147 and 214–231, which deal with powers of the Supreme Court and the High Courts.
  • Article 245 to 255, dealing with the scheme of distribution of legislative, taxing, and administrative powers between the Union and the states.
  • Article 82-82, dealing with the representation of states in Parliament.
  • Article 368 itself.

Ratification by states: From the perspective of Supreme Court

• In Kihoto Hollohan v Zachillu, a 1992 decision of the Supreme Court, the question of ratification emerged as important.
• One of the grounds on which the constitutionality of the Tenth Schedule was challenged was that the amendment was not ratified by the states.
  • Tenth Schedule deals with disqualification of elected representatives.
• The amendment, among other things, sought to bar jurisdiction of courts in any matter connected with the disqualification process.
• This tinkered with one of the six aspects that require ratification by half the states — jurisdiction of the Supreme Court and the High Courts.
• The Supreme Court struck down this part of the amendment while upholding the validity of the Tenth Schedule.

Source: The Hindu

DIKSHA Platform

Subject: Governance

Why in News?

The National eGovernance Division (NeGD) under the Ministry of Electronics and Information Technology (MeitY) is set to integrate Personalised Adaptive Learning (PAL) into its existing Digital Infrastructure for Knowledge Sharing (DIKSHA) platform.

About DIKSHA Platform:

• It is a national platform for school education, an initiative of the National Council for Education Research and Training (NCERT), Ministry of Education.
• It provides e-content for schools via an online portal and a mobile application.
• It was developed based on the core principles of open architecture, open access, open licensing, choice and autonomy.
• It is built on open-source technology that is made in India and for India, incorporating internet-scale technologies and allowing for a variety of use cases and solutions for teaching and learning.
• Features
  • The core building blocks of DIKSHA comprise majority of National Digital Education Architecture (NDEAR) building blocks, having enabled some successful use-cases of NDEAR such as energised textbooks, online courses, content authoring, content sourcing, interactive quizzes, question banks, chatbot, analytics and dashboard.
  • To aid teaching and learning for Children With Special Needs (CWSN), a large number of audiobooks, ISL (Indian Sign Language) Videos, and a Dictionary have been made available on DIKSHA for CWSN.

Key facts about National e-Governance Division

• It was created by the Ministry of Electronics & Information Technology as an Independent Business Division under the Digital India Corporation.
• Since 2009, NeGD has been playing a pivotal role in supporting MeitY in Programme Management and implementation of the e-Governance Projects, providing technical and advisory support to Ministries/ Departments, both at Central and State levels, along with other Government organisations.
• It has developed and is managing several National Public Digital Platforms such as DigiLocker, UMANG, Rapid Assessment System, OpenForge, API Setu, Poshan Tracker, Academic Bank of Credits, etc.

Source: The Hindu

Mercy Petitions under BNSS Bill

Subject: Polity and Governance

Why in News?

The new Bharatiya Nagarik Suraksha Sanhita Bill (BNSS), 2023 proposes that a death-row convict whose mercy petition has been disposed of by the president will have no right to appeal against the decision.

New Mercy Petition Provisions in BNSS

• It does not include any such requirement for the President to act in tandem with the advice given by the Council of Ministers in death sentence cases, which is mandated by Article 74(1) of Constitution of India.
• Section 473(1) of the BNSS allows a convict “under the sentence of death” or his legal heir or any relative to file a mercy petition within 30 days when the Jail Superintendent informs him about the:
  • dismissal of the appeal or special leave to appeal by the Supreme Court, or
  • date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired.
• In cases where there are multiple convicts, the jail superintendent or the officer-in-charge shall ensure that every convict makes a mercy petition within 60 days.
  • If the Superintendent doesn’t receive the mercy petitions from all other convicts in the case, he shall himself send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or State Government.
• While this 60-day time limit has been given to the Centre, no time limit has been prescribed for the President to dispose of the mercy petitions.
• The mercy petitions may initially be made to the Governor, his rejection or disposal of the petition will result in it being forwarded to the President within 60 days from such rejection or disposal of the plea.

How does this provision contravene existing legal precedent?

• In 2006, in Epuru Sudhakar & Another vs Andhra Pradesh and Others, the SC held that the powers of the President or Governor under Articles 72 and 161 are subject to judicial review. Such a decision can be challenged on grounds of:
  • it was passed without application of mind;
  • it is mala fide;
  • it was passed on extraneous or wholly irrelevant considerations;
  • relevant materials were kept out of consideration;
  • it suffers from arbitrariness.
• However, the BNSS under Section 437 (7) specifically says that the President’s decision on the mercy plea “shall be final, and any question as to the arriving of the decision by the President shall not be enquired into in any Court.”
• Supreme Court observed that “Article 21 inheres a right in every prisoner till his last breath and this Court will protect that right even if the noose is being tied on the condemned prisoner’s neck” as mandated by the Supreme Court in Shatrughan Chauhan vs Union of India (2014)

Conclusion

• The pardoning power of the executive is very significant as it corrects the errors of the judiciary, and eliminates the effect of conviction without addressing the defendant’s guilt or innocence.
• However, the BNSS Bill 2023 made an attempt to change the fundamental nature of the provision, including core aspects of its justiciability, the time-limit, and the 14-day gap between the rejection of a mercy plea by the President and its date of execution.

Source: IE

Protect world heritage sites to conserve biodiversity 

Subject: Government Policies and Interventions

Why in News?

According to a joint assessment by UNESCO and IUCN, protecting world heritage sites can help conserve biodiversity and meet the targets set by the Kunming-Montreal Global Biodiversity Framework (GBF).

About the World Heritage Sites

• A World Heritage site is classified as a natural or man-made area or a structure that is of international importance, and a space which requires special protection.
• These sites are officially recognised by the UN and the United Nations Educational Scientific and Cultural Organisation (UNESCO).
• UNESCO believes that the sites classified as World Heritage are important for humanity, and they hold cultural and physical significance.

Biodiversity of UNESCO World Heritage sites

• About:
  • UNESCO World Heritage sites (WHS) are home to 75,000 species of plants, and over 30,000 species of mammals, birds, fish, reptiles and amphibians — a fifth of all the species mapped globally.
  • The World Heritage sites, however, take up only 1 per cent of the earth’s surface.
• Species located at WHS:
  • The last of several iconic species are found in these sites. 
  • Today, up to 1/3 of remaining elephants, tigers and pandas can be found in these sites, as well as at least one in 10 great apes, giraffes, lions and rhinos.
  • They are home to all remaining Javan rhinos, vaquitas (the world’s smallest cetacean) and pink iguanas, as well as more than half of all Sumatran rhinos, Sumatran orangutans and mountain gorillas. 

Significance of protecting WHS

• Protection of species:
  • The locations of UNESCO World Heritage sites offer a safe haven for many threatened species but are affected by climate change and anthropogenic pressures like agricultural expansion, infrastructure development, poaching, overexploitation of resources and the proliferation of invasive species. 
  • Urgently protecting them is thus essential in saving the vulnerable species, as every 1 degree Celsius rise in global temperature can double the number of species threatened by dangerous climate conditions.
• Balancing nature’s imbalance:
  • Apart from helping preserve biodiversity, these sites help maintain a beneficial relationship between human beings and nature. 
  • Water resources that cater to human needs, for instance, are conserved in many of these sites. 
• Livelihood for humans:
  • They also provide the opportunity for people to earn a livelihood through sustainable work. 

Suggestions & way ahead

• The global bodies (UNESCO and IUCN) have urged that countries should also nominate all other biodiversity-rich areas for World Heritage inscription.
• Governments should prioritise World Heritage sites in National Biodiversity Strategies and Action Plans that are vital for moving the Kunming-Montreal GBF into action, said UNESCO. 

Source: DTE

GS-III

Vibrio vulnificus

Subject: Science and Technology

Why in News?

Recently, the US Centers for Disease Control and Prevention issued a national health alert to warn doctors and clinicians to be on the lookout for people infected with the flesh-eating bacteria Vibrio vulnificus.

About Vibrio vulnificus

• It is a type of bacteria that can cause a fatal infection. 
• This infection can happen when a wound comes into contact with raw or undercooked seafood, its juices, or its drippings or salt water.
• It eats away at the skin, muscles, nerves, fat and blood vessels around an infected wound.
• In severe cases, it can lead to septicemia, which is when the bacteria enter the bloodstream.
• It results in a septic shock, where blood pressure drops dangerously.
• Signs and symptoms include:
  • Watery diarrhoea is often accompanied by stomach cramping, nausea, vomiting, and fever.
  • For bloodstream infection: fever, chills, dangerously low blood pressure, and blistering skin lesions
  • For wound infection: Fever, redness, pain, swelling, warmth, discolouration, and discharge (leaking fluids).
• The only method available to avoid getting infected with the bacteria is to avoid coming in contact with it.
• It is advised to make sure any seafood you consume is well-cooked, avoid raw or undercooked oysters and clean your hands after handling any kind of seafood.

Source: The Hindu

Digital Public Infrastructure: UPI crosses 10 billion monthly transactions, confirms NPCI

Subject: Economics

Why in News?

According to the National Payments Corporation of India (NPCI), the United Payments Interface (UPI) crossed 10 billion in the volume of transactions in August 2023, marking a significant milestone for the payments.

• The service is not just being used extensively domestically - at least for small ticket transactions - but has also become a key part of India’s foreign policy outreach.

What is National Payments Corporation of India (NPCI)?

• The NPCI is an umbrella organisation for creating and operating robust retail payments and settlement systems in India.
• It is an initiative of the Reserve Bank of India (RBI) and Indian Banks’ Association (IBA) under the provisions of the Payment and Settlement Systems Act, 2007.

What is Unified Payments Interface (UPI)?

• UPI is a system that powers multiple bank accounts into a single mobile application (of any participating bank), merging several banking features, seamless fund routing and merchant payments into one hood.
• It also caters to the “Peer to Peer” collect request which can be scheduled and paid as per requirement and convenience.
• With the above context in mind, National Payments Corporation of India (NPCI) launched UPI first on a pilot basis in 2016.
• How is UPI unique?
  • Immediate money transfer through mobile devices round the clock.
  • Single mobile application for accessing different bank accounts.
  • Single Click 2 Factor Authentication - Aligned with the Regulatory guidelines, yet provides for a very strong feature of seamless single click payment.
  • Virtual address of the customer for Pull and Push provides for incremental security with the customer not required to enter the details such as Card no, Account number, IFSC, etc.
  • Best answer to Cash on Delivery hassle, running to an ATM or rendering exact amount.
  • Merchant Payment with Single Application or In-App Payments.
  • Utility Bill Payments, Over the Counter Payments, QR Code (Scan and Pay) based payments, etc.

Status of UPI Transactions in India:

• Monthly transaction count on UPI crossed 10.24 billion on 30 August, with a net transaction value of ₹15.18 trillion.
• Transactions on UPI have grown by over 50% year-on-year, with August last year registering 6.58 billion monthly transactions.
• UPI crossed 1 billion monthly transactions for the first time in October 2019, thus taking less than four years to grow 4x in its adoption.
• Over time, peer to merchant (P2M) transactions will drive UPI transactions growth, and it will be no surprise if monthly UPI transactions hit 20 billion in the next 18-24 months.

Other Digital Solutions that the Indian Government has Rolled Out:

• Aside from UPI, a number of other digital solutions of the Indian government includes CoWin, DigiLocker, Aarogya Setu, and Government e-Marketplace (GeM), all utilising the three fundamental layers of the Indian Stack.
  • India Stack is a set of digital codes and digital public goods that aim to unlock the economic primitives of identity, data, and payments at population scale.
  • The overall architecture of India Stack has 3 key layers -
    • Digital identity (centred around Aadhaar),
    • Payments (UPI), and
    • Data management [operates as per a policy called the Data Empowerment and Protection Architecture (DEPA)].
  • But the Indian government harbours a larger vision for the solution - taking it international.

India’s Attempts to Take Digital Public Infrastructure (DPI) Globally:

• DPI (of which UPI is a key part) has been a key part of the government’s overall narrative about India throughout its G20 presidency.
  • For example, during the G20 digital economy ministers’ meeting in Bengaluru, the Indian PM said that India is an “ideal testing lab” for solutions that can be replicated globally anywhere in the world.
• India has also explored other nations’ interest to adopt the underlying technologies that power India’s DPI push, which it brands as the India Stack.
• This is being pegged as a differentiator from rival China, which is funding physical infrastructure development in other developing countries.
• This is part of India's bid to set itself as a nation pioneering digital governance, especially as it aspires to assume a leadership role in the Global South.
• India wants to play a key role in the deployment of DPI and plans to build and maintain the Global Digital Public Infrastructure Repository (GDPIR), a virtual repository of DPI voluntarily shared by G20 members and beyond.
  • The repository aims to share the practices and experiences of development and deployment of DPI which may include relevant tools and resources in different countries.

What’s Behind India’s Success Story?

• A model that India has come to pioneer has been to create underlying technology - which remains under the government’s control and allow private entities to use it to offer services and build products.
  • The same is true of UPI, and Aadhaar, two crucial elements of the India Stack.
• India has signed agreements with countries like Armenia, Sierra Leone, Suriname, Antigua &Barbuda and Papua New Guinea to share India Stack.
  • Countries like Mauritius, Saudi Arabia have shown their interest in adopting the model.
• UPI has also been taken to international markets such as France, UAE, Singapore and Sri Lanka, with countries like Japan having shown an interest in adopting the payments system.

Source: The Hindu

Unveiling the Sun’s Secrets: ISRO’s Aditya-L1 Mission

Subject: Science and Technology

Why in News?

India’s maiden solar observatory mission, Aditya-L1, was successfully launched by ISRO on September 2.

• Carried by the PSLV in its 59th flight, the spacecraft’s mission aims to study the sun’s behaviour and phenomena.
• Aditya-L1 will spend 16 days orbiting Earth, undergoing five manoeuvres for required velocity.
• Subsequent Trans-Lagrangian insertion will begin a 110-day journey towards L1 Lagrange point.
• Aditya-L1 will orbit around L1, a balanced position between Earth and the sun, 1.5 million km away from Earth.

Aditya-L1 Mission

• ISRO introduces the Aditya-L1 mission, a novel space-based observatory designated for studying the Sun.
• The spacecraft will be positioned in a halo orbit around the Lagrange point 1 (L1) in the Sun-Earth system, approximately 1.5 million km from Earth.
• The L1 point’s strategic location enables continuous solar observation devoid of eclipses, furnishing invaluable insights into solar activities and their real-time effects on space weather.
• Once Aditya exits Earth’s sphere of influence, it will head towards the Lagrange point L1, a distance of 1.5 million km.

Significance of Lagrange Point 1

• Lagrange points are equilibrium positions where gravitational forces counteract centripetal forces, offering a stable environment for satellites.
• The spacecraft will be positioned around L1, affording an unobstructed view of the Sun for unhindered observation.
• Different Lagrange points offer unique advantages, such as L1’s consistent view of the Sun, as demonstrated by the Solar and Heliospheric Observatory Satellite (SOHO).

Aditya-L1’s Scientific Endeavors

• Aditya-L1 carries seven payloads to investigate the photosphere, chromosphere, and corona using a range of detectors.
• The payloads encompass instruments like Visible Emission Line Coronagraph (VELC), Solar Ultraviolet Imaging Telescope (SUIT), Solar Low Energy X-ray Spectrometer (SoLEXS), and more.
• Payloads examining solar dynamics in the interplanetary medium contribute to a better understanding of phenomena like coronal heating, mass ejections, and space weather.

Significance of Solar Study

• Solar Influence on the System: The Sun significantly shapes planetary evolution and weather, extending its impact to satellites, electronics, power systems, and even Earth’s climate.
• Predicting Solar Storms: Continuous solar observations are essential for tracking Earth-bound solar storms and predicting their potential impacts.
• Gateway through L1: All solar storms heading towards Earth pass through L1, making it a crucial point for monitoring.

Key Feature: Mighty LAM Engine

• The Liquid Apogee Motor (LAM) engine, developed by ISRO’s Liquid Propulsion Systems Centre (LPSC), is vital to the Aditya-L1 mission’s success.
• LAM has played pivotal roles in missions like Mars Orbiter Mission (Mangalyaan) and Chandrayaan-3.
• LAM engines facilitate satellite and spacecraft orbital adjustments, conserving fuel and ensuring optimal positioning.

Source: The Hindu