Koronivia Joint work on Agriculture - UPSC Explainer
Koronivia joint work on Agriculture (KJWA) gains it's importance as India opposes the draft text on agriculture, saying the rich developed nations do not want to change their lifestyle to reduce emissions and are "searching for cheaper solutions abroad" It also cited that " developed countries are blocking a pro-poor and pro-farmer decision by insisting on expanding the scope of mitigation to agriculture, thereby comprising the very foundation of food security in the world". [Source: PTI]
What is Koronivia Joint work on Agriculture:
This work integrates Soil, Nutrient Use, Livestock, Socio-economic and food security dimensions of the climate change.
A Study on Constitutional Doctrines - porul.in Explainer
A Doctrine is a principle, theory, or position that is usually applied and upheld by Courts of Law. See a Doctrine can either be a rule, theory or tent of law. In Indian Constitutional law, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Some of the important judicial doctrines are discussed here.
DOCTRINE OF BASIC STRUCTURE:
ORIGIN:
- The origins of this basic structure are found in the German Constitution, which after the Nazi regime, was amended to protect some basic laws.
IMPORTANT JUDGEMENTS:
- In Kesavananda Bharati case 1973, the Supreme Court of India held for the first time that the parliament has the power to amend any part of the constitution but it cannot alter the "basic structure of the constitution".
- It was reaffirmed by the Indira Nehru Gandhi vs Raj Narain case (1975).The SC struck down the 39th Amendment Act as it was against the principle of separation of powers. It placed the disputes relating to the president, Vice President, Prime Minister and Speaker of Lok Sabha beyond the jurisdiction of all Courts.
DOCTRINE OF SEPARATION OF POWERS:
- One organ should not form part of the other 2 organ (Judiciary cannot be a part with executive and legislature).
- One organ should not interfere in working of the other organ (Executive cannot interfere in legislative work).
- One organ should not exercise the function of the other organ. (Legislature cannot perform duties of judiciary).
- Article-50 of the Directive Principles of the State Policy (DPSP) puts an obligation over the state to separate the judiciary from executive. This article says,
IMPORTANT JUDGEMENTS:
- In Ram Jawaya v. State of Punjab the SC held that the Doctrine of Separation of Power was not fully accepted in India.
- In Indira Nehru Gandhi v. Raj Narain (1975), the SC held that the separation of powers is a part of the basic structure of the Constitution. None of the three separate organs of the Republic can take over the functions assigned to the other.
DOCTRINE OF PITH AND SUBSTANCE:
Pith means "True Nature" and Substance means "the most important or essential part of something". There can be circumstances in which subject matter of list 1 (state legislature) clashes with the subject matter of list 2 (union legislature). Hence, this doctrine is applied in this kind of situation. "The Doctrine of Pith and Substance" is applied to determine whether a particular law relates to a particular subject mentioned in one list or the other.
Apart from its applicability in cases related to the competency of the legislature (Article 246), this doctrine is also applied in cases related to Repugnancy in laws made by Parliament and laws made by the State Legislature (Article 254). (Repugnancy is basically when two pieces of legislation have a conflict between and when are applied to the same facts but they produce different outcomes or results). This doctrine is employed in such cases to resolve the inconsistency between laws made by the Centre and the Legislature.
ORIGIN:
- The origin of this doctrine lies in Canada and in India it came to be adopted in the pre-independence period, under the Government of India Act, 1935. This Doctrine is firmly supported by Article 246 of the Constitution and the Seventh Schedule.
IMPORTANT JUDGEMENT:
- In State of Bombay Vs. F.N. Balsara, was a case in which Bombay Prohibition Act was challenged on the grounds that the prohibition of liquor on the borders was a matter of Central Government. The act was held valid by the court, it fell under the State list though it was impacting the liquor.
- Another important case for this Doctrine in Prafulla Kumar Mukherjee v. Bank of Khulna.
DOCTRINE OF SEVERABILITY:
It is also known as "Doctrine of Separability" and protects the fundamental rights of the citizens. As per clause (1) of the Article 13 of the Constitution, if any of the laws enforced in India are inconsistent with the provisions of fundamental rights, they shall be made void.
The whole law/act would not be held invalid, but only the provisions which are not in consistency with the Fundamental Rights. According to this Doctrine, if there is any offending part in the statute, then the offending part can be declared as void, not the entire statute and the valid part can be kept.
If the valid and invalid part are so closely mixed up with each other that it cannot be separated then the whole law or act will be held invalid.
ORIGIN:
- This Doctrine found its roots in England in the case of Nordenfelt v. Maxim Guns and Ammunition Company Ltd., here the issue was related to a Trade clause. Here the disputed clause was severable; and hence only a part of it become void. In this case, however, it was not exactly the doctrine of severability; it was "doctrine of blue pencil".
IMPORTANT JUDGEMENTS:
- In the case of RMDC vs. UOI, SC stated that doctrine of severability is a matter of substance and not of form.
- In A.K. Gopalan v. State of Madras (1950), the SC held that in case of inconsistency to the Constitution, only the disputed provision of the Act will be void and not the whole of it. The Court found that Section 14 of the Preventive Detention Act to be violative of Article 14 of the Constitution. Hence, the Section 14 of the Act was severed and held void, while the other provisions remain to be valid within the Statute.
- In State of Bombay v. F.N. Balsara(1951), the disputed statute here was Bombay Prohibition Act, where the unconstitutional provision was held void and inoperative while the other part was not damaged and the Statue was stille be remaining in the force.
DOCTRINE OF ECLIPSE:
It is applied when any law/act violates the Fundamental Rights. This means the law becomes dormant and makes it unenforceable but not void ab initio (Having no legal effect from the origin).
If the said fundamental right is amended, in that case, the dormant law becomes active. It is only against the citizens that these laws/acts remain in a dormant condition but remain in operation as against non-citizens who are not entitled to fundamental rights. Doctrine of eclipse is contained in Article 13(1) of the Indian Constitution. The Doctrine of eclipse does not apply to post-constitutional laws.
IMPORTANT JUDGEMENTS:
- The first case in which this doctrine was applied was Bhikaji vs. State of Madhya Pradesh(It was applied to pre-constitutional laws).
- The extension to the post-constitutional law was stated in the case of DulareLodh vs ADJ Kanpur.
Minimum Support Price (MSP) - UPSC
At the beginning of every sowing season, the Government of India declares Minimum Support Price for 22 crops at which the government purchases from farmers/producers. It gives a guaranteed price and assured market to the farmers by protecting them from Market fluctuations and imperfections.
Minimum Support Price :
Calculation of MSP:
- Cost of Production
- Trends in Market Prices
- Changes in Input prices
- Input-output Price Parity
- Effect on the cost of living
- International price situation
- Demand & Supply
- Effect on issue prices & Implications of subsidy
What is Constitution (103rd Amendment) Act, 2019 in Indian Constitution? - Porul
The Constitution (103rd Amendment) Act introduces reservations for economically weaker sections (EWS). This amendment provides reservations in central government and private educational institutions (except minority educational institutions) for admission and recruitment in central government jobs.
Constitution (103rd Amendment) Act, 2019
Eastern Economic Forum (EEF) - UPSC
Why in the news?
- Prime Minister Thiru Narendra Modi participated virtually in the plenary session of 7th Eastern Economic Forum(EEF)
Eastern Economic Forum (EEF)
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| Source: Flickr |
India - Eastern Economic Forum :
India has signed a number of agreements with Russia and other countries at the Eastern Economic Forum (EEF). Some of the key agreements that have been signed between India and the EEF include:
- Investment cooperation agreement: In 2018, India and Russia signed an agreement to cooperate on investment projects in various sectors, including energy, infrastructure, and industrial development.
- Energy cooperation agreement: In 2019, India and Russia signed an agreement to cooperate on energy projects, including the development of renewable energy sources.
- Cooperation in the field of small and medium-sized enterprises: In 2017, India and Russia signed an agreement to cooperate in the field of small and medium-sized enterprises, with the aim of promoting entrepreneurship and innovation.
These agreements demonstrate the strong economic ties between India and Russia, and the importance of the Eastern Economic Forum as a platform for cooperation and collaboration between the two countries.
An Analysis on UPSC optional Papers Performance - Porul
UPSC Conducts the Civil Services exam in three stages. While selecting the Optional Subjects which form a part of the Mains Exam (Second stage) many aspirants get confused about choosing the right one. Still, it is pretty natural to get confused given the nature of the UPSC Exam. This article may act as a helping hand in the process of Choosing the one Optional which is going to play a crucial role in clearing the Examination.
1. Agriculture
Agriculture is one of the preferred optional subjects in the UPSC Civil services Mains Exam. Candidates from Agriculture, Botany, and Zoology backgrounds prefer to select it due to its Scoring Nature. Paper 1 covers Ecology, Agronomy, Weed Science, Forestry, Soil Science and nutrient management, soil and water conservation, Agriculture economics and Agricultural Extension.
While paper 2 covers cell Biology, Plant Breeding, Seed production and technology, Plant Physiology, Horticulture and landscape gardening, food production and nutrient management.
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| Image Depicting Agriculture Sucess rates over Past UPSC Exams |
2. Animal Husbandry & Veterinary Science
Animal Husbandry is nothing but taking care of Farm animals by Humans. Veterinary Science is the treatment of Animals by Humans. People with veterinary science as a background with an Interest in Biology mostly Choose Animal Husbandry & Veterinary Science as an Optional Subject.
Paper 1 of the optional Subject deals with Animal Nutrition, Animal Physiology, Animal reproduction, Livestock production and management, genetics and animal breeding, and Extension. While paper 2 deals with Anatomy, Pharmacology and Hygiene, animal diseases, Veterinary Public health, Milk and Milk products Technology, meat Hygiene and technology.
3. Anthropology
- Meaning, Scope and development of Anthropology - Relationships with other disciplines, Main branches of Anthropology - their scope and relevance, Human Evolution and emergence of Man etc., Nature of Culture, Nature of Society, Marriage, Family, Kinship, Economic organization, Political Organization and social control, Religion, Anthropological theories, Culture, language and communication, Research methods in Anthropology, Human Genetics, Epidemiological Anthropology and Applications of Anthropology etc.
- Evolution of the Indian Culture and Civilization, Palaeo, Ethno-archaeology in India, Demographic profile of India, the Caste system in India, Indian Village, Tribal situation in India, Problems of the Tribal Communities.
4. Botany
- Microbiology and Plant Pathology, Cryptogams, Phanerogams, Plant Resource Development and Morphogenesis.
- Cell Biology, Genetics, Molecular Biology and Evolution, Plant Breeding, Biotechnology and Biostatistics, Physiology and Biochemistry, Ecology and Plant Geography.
National Human Rights Commission [NHRC] - Porul
Before discussing National Human rights Commission let's dive to know the meaning of the word Human rights. Going as per Official UN definition, "Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental -the right to life -to those that make life worth living, such as the right to food, education, work, health, and liberty".
National Human Rights Commission
- The NHRC is a statutory body established in 1993 under the 'Protection of Human Rights Act'. Later it got amended in 2006. It is an important non-constitutional body.
- Human Rights are essential parts of the society and they are been watched by NHRC. NHRC acts as watch dog of human rights in the country.
- It checks over the rights that are related to life, liberty, equality and dignity of the individual that are defined in section 2(1) of the PHR Act.
- It was established in accordance with the Paris Principles of Human Rights, 1991 approved by the United Nations at its General Assembly of 1993.
Composition of the Commission:
- Chairperson should be a retired Chief Justice or a judge of supreme court.
- Members should be
serving or retired judge of Supreme Court
serving or retired chief justice of High court
- Three persons having knowledge or practical experience in human rights (at least one should be a woman).
- National Commission for minorities
- National Commission for SCs,
- National Commission for STs,
- National Commission for Women,
- National Commission for BCs,
- National Commission for the protection of child rights
- Chief Commissioner for persons with disabilities.
Terms of the chairperson and Members:
- The Amendment act, 2019 reduces the term from five to three years or till the age of 70 years, whichever is earlier and shall be eligible for re-appointment.
Working and Functions of the commission:
- It is vested with the power to regulate its own procedure
- It has all the powers of civil court and its proceedings have a judicial character
- The commission has its own nucleus of investigating staff for investigation and complaints of violation of human rights.
- It can look into a matter within one year of its occurrence.
- Concerned government or authority to make payment of compensation or damages to the victim
- Concerned government or authority the Initation of proceedings for prosecution or any other action against the public servant
- Concerned government or authority for the grant of immediate interim relief to the victim.
- It may approach the Supreme Court or High Court concerned for the necessary directions, orders or writs.
Appointment and Removal:
- The President appoints the Chairperson and members based on the recommendations of a six member committee.
- Bankruptcy(Insolvency), or
- Unsound mind, or
- Infirmity of body or mind, or
- Engages in paid Employment, or
- Sentenced to imprisonment for an offence.
- The removal is also done on the charges of proved Misbehaviour or incapacity, if the Supreme Court's enquiry finds so.