KANISHKBIOSCIENCE E -LEARNING PLATFORM - Help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically.
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PAPER 1
Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Context:
The Supreme Court has stayed an Andhra Pradesh High Court order intending to embark on a judicial enquiry into whether there is a constitutional breakdown in the State machinery under the Jagan Mohan Reddy government, requiring a declaration of President’s rule.
What’s the issue?
High Court, on October 1, while deciding habeas corpus petitions filed by relatives of persons remanded in judicial custody or on bail, had suo motu summoned the State counsel to assist it in deciding “whether in circumstances prevailing in the State of Andhra Pradesh, the court can record a finding that there is constitutional breakdown in the State or not”.
What has the Supreme Court said?
1, It was not up to the High Court to enquire and recommend President’s rule in a State.
2, It is Article 356 that deals with failure of constitutional machinery in a State. This is a power [to impose President’s rule] exclusively vests in the Executive.
Observation by the state government:
1, The High Court’s observation violated the Basic Structure doctrine of the Constitution.
2, The constitutional courts do not have any judicially discoverable and manageable standards to determine if there has been a constitutional breakdown.
3, This is a serious encroachment on the powers of the executive as enumerated under the Constitution and is thus violative of the doctrine of separation of powers.
What is President’s Rule in the Indian context?
Article 356 of the Constitution of India gives President of India the power to suspend state government and impose President’s rule of any state in the country if “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”.
Upon the imposition of this rule, there would be no Council of Ministers. The Vidhan Sabha is either dissolved or prorogued.
The state will fall under the direct control of the Union government, and the Governor will continue to head the proceedings, representing the President of India – who is the Head of the State.
The imposition of the President’s rule requires the sanction of both the houses of Parliament.
If approved, it can go on for a period of six months. However, the imposition cannot be extended for more than three years, and needs to be brought before the two houses every six months for approval.
Revocation:
A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
InstaLinks:
Prelims Link:
1, What is President’s Rule?
2, Article 356 is related to?
3, How and when it is imposed?
Revocation.
The doctrine of separation of powers under the Indian Constitution.
Mains Link:
Discuss the issues associated with President’s Rule and the role of Governor of a state in recommending that.
Sources: the Hindu.
TOPIC 2
Supreme Court raps govt. on rising cost of COVID care:
Context:
Supreme Court recently passed its order on Covid 19 care by the Government.
The court took note of the issue of the deteriorating health of fatigued doctors, nurses and medical workers.
Need for government’s intervention:
Medical care during the pandemic has become so costly that ordinary people cannot afford it at all.
Right to health (Article 21) includes affordable treatment. For whatever reasons, the treatment has become costlier and it is not affordable to the common people at all.
Even if one survives from COVID-19, many times financially and economically he is finished.
What should the government do?
It is the government’s duty to ensure affordable medical treatment for COVID-19 patients.
A successful “World War” on the virus depends on “government-public partnership.
The government should be transparent about the facts and figures regarding COVID-19 infection spread. Otherwise, the people will be misled and they will be under the impression that everything is alright and they will become negligent.
The government needs to work out a mechanism to give “intermittent rest” to the frontline workers.
States should consider a curfew on weekends/nights.
In a micro containment zone or in an area where the number of cases are on the higher side, to cut the chain, they should be sealed.
There should be complete lockdown so far as such areas are concerned. Such containment areas need to be sealed for a few days except for essential services.
State and local authorities should either make more provisions for affordable treatment in their hospitals or there shall be cap on the fees charged by the private hospitals in exercise of the powers under the Disaster Management Act.
InstaLinks:
Prelims Link:
1, Right to Health and Article 21.
2, Provisions of the Disaster Management Act.
3,What is DM Act?
4,Bodies established under this act.
5,Composition of NDMA.
6,Powers of states and centre under DM act.
7,What is a notified disaster?
Mains Link:
Discuss how the right to health as a Fundamental Right is being ensures in the Country.
Sources: the Hindu.
TOPIC 3
Parliamentary panel calls for migrant workers’ database
Topics Covered: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.
Parliamentary panel calls for migrant workers’ database:
Context:
The standing committee on Home Affairs has released its report “Management of COVID-19 pandemic and related issues”.
Key Recommendations:
A national database of migrant workers should be collated at the earliest to ensure that if ever there is a repeat of a COVID-19-like pandemic, the relief measures should reach the intended beneficiaries.
The database should have details of the source State, the destination State, skill set of the worker and other contact details.
The Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897 — the two guiding laws during the pandemic — are insufficient.
Epidemic Diseases Act, 1897 should be reviewed. The Act is outdated as it was framed in the colonial era, which was even well before the Spanish flu of 1918.
Need for a database:
During the extended lockdown, the task of identifying the location and disbursing relief measures to the migrant workers became difficult as the Central government did not have any data of the migrant workers.
In the absence of a comprehensive national database, it is difficult to extend the relief measures by the government to the intended beneficiaries.
InstaLinks:
Prelims Link:
1 What is Ordinance? How and when is it promulgated?
2 Definition of violence in the ordinance.
3 Previous examples of implementation of Epidemics Diseases Act, diseases for which it was declared.
4 A notifiable disease.
5 Implementing agency, penalty, protection and inspection of people under the act.
6 Handling of the plague epidemic by British, criticisms by Tilak through his papers.
Mains Link:
Discuss the key provisions of the 1897 Epidemic Diseases Act.
Sources: the Hindu.
TOPEC 3 ;
Parliamentary panel calls for migrant workers’ database
Topics Covered: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.
Parliamentary panel calls for migrant workers’ database:
Context:
The standing committee on Home Affairs has released its report “Management of COVID-19 pandemic and related issues”.
Key Recommendations:
1, A national database of migrant workers should be collated at the earliest to ensure that if ever there is a repeat of a COVID-19-like pandemic, the relief measures should reach the intended beneficiaries.
2 The database should have details of the source State, the destination State, skill set of the worker and other contact details.
3, The Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897 — the two guiding laws during the pandemic — are insufficient.
4, Epidemic Diseases Act, 1897 should be reviewed. The Act is outdated as it was framed in the colonial era, which was even well before the Spanish flu of 1918.
Need for a database:
During the extended lockdown, the task of identifying the location and disbursing relief measures to the migrant workers became difficult as the Central government did not have any data of the migrant workers.
In the absence of a comprehensive national database, it is difficult to extend the relief measures by the government to the intended beneficiaries.
InstaLinks:
Prelims Link:
What is Ordinance? How and when is it promulgated?
Definition of violence in the ordinance.
Previous examples of implementation of Epidemics Diseases Act, diseases for which it was declared.
A notifiable disease.
Implementing agency, penalty, protection and inspection of people under the act.
Handling of the plague epidemic by British, criticisms by Tilak through his papers.
Mains Link:
Discuss the key provisions of the 1897 Epidemic Diseases Act.
Sources: the Hindu.
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