AMIGOS IAS Daily Current Affairs (16^th July 2024)

In SC verdict on Assam man, humanising of citizenship law

GS 2: Polity and Governance: Citizenship law

Why is it in the news?

• The Supreme Court recently ruled in favour of Assam resident Md Rahim Ali, declaring him a citizen of India and overturning a decision by a Foreigners’ Tribunal.
• The landmark judgment, authored by Justice Ahsanuddin Amanullah and Justice Vikram Nath, also clarified legal standards regarding allegations of foreign nationality and the burden of proof required.

Background

• Md Rahim Ali, born in Dolur village, Barpeta district, was listed in the 1965 voters’ list and again in 1985. After his 1997 marriage, he moved to Kashimpur in Nalbari district and was included in the voters’ list there.
• In 2004, following a police inquiry into his nationality, discrepancies in his documents led to his being declared a foreigner by an ex parte order from the Foreigners’ Tribunal, which was upheld despite Supreme Court intervention, based on claims he entered India after March 25, 1971 (the cut-off date for citizenship in Assam).

Clause 5 of the Assam Accord 1985 states that January 1, 1966 shall serve as the base cut-off date for the detection and deletion of “foreigners” but it also contains provisions for the regularisation of those who arrived in the state after that date and up till March 24, 1971.Section 6A of the Citizenship Act was inserted as an amendment to accommodate this. It effectively establishes March 24, 1971 as the cut-off date for entry into the state, meaning that those entering the state after that would be considered “illegal immigrants”.

More about the news

• Section 9 of The Foreigners Act, 1946, places the burden of proof on the accused, but the Supreme Court clarified that this applies only after the state provides supporting material.
• Further, the SC noted the lack of evidence against Ali and emphasized the necessity of sharing foundational material with the accused, upholding the principle of natural justice, audi alteram partem, meaning no one should be condemned unheard.
• The SC highlighted that name spelling variations in electoral rolls are common and should not have severe consequences, criticizing the Tribunal for ignoring these variations and cultural nuances.
• Looking forward, this judgment will alleviate concerns about minor document discrepancies, especially regarding the Citizenship (Amendment) Act, 2019, and the proposed National Register of Citizens (NRC).

Conclusion

• Foreigners’ Tribunals, created under The Foreigners Act of 1946 to handle cases of actual foreigners, labeled around 300,000 people in Assam as Doubtful Voters in 1997, excluding them from the NRC without proper notice or inquiry.
• Notices often lack specific grounds, leaving individuals to defend themselves blindly. By March 2019, 117,000 were declared foreigners, with 63,959 ex parte declarations.
• The recent Supreme Court judgment is expected to positively impact thousands of pending cases.

Additional Information:

About Citizenship Amendment Act 2019:

• The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act, 1955.
• Key provisions:
• Eligibility: (CAA) grants citizenship based on religion to undocumented individuals from six non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) who migrated from Pakistan, Afghanistan, and Bangladesh and entered India on or before December 31, 2014 providing a path to naturalisation.
• Residency Relaxation: The amendment reduces the residency requirement for eligible communities from 11 years to 6 years to acquire Indian citizenship by naturalization.
• Exemption:
• It exempts members of these communities from prosecution under the Foreigners Act of 1946 and the Passport Act of 1920.
• These Acts outline penalties for illegal entry and overstaying on expired visas and permits in the country.
• The amendments for illegal migrants exclude certain tribal areas in Assam, Meghalaya, Mizoram, and Tripura under the Sixth Schedule, as well as states regulated by the “Inner Line” permit under the Bengal Eastern Frontier Regulations 1873.
• Cancellation of registration of OCIs: The 1955 Act allows the central government to cancel OCI registrations on various grounds, with the amendment adding a new ground for cancellation if the OCI violates a government-notified law.

About National Register of Citizens (NRC):

• The National Register of Citizens, is a register compiled after the 1951 Census, lists households in villages sequentially with names and numbers of residents staying therein.
• It contains demographic details of individuals recognized as Indian citizens under the Citizenship Act, 1955.
• The National Register of Citizens (NRC) was initially published in 1951 and remained unchanged until recently when it was updated in Assam.
• Manipur and Tripura were authorized to create their own NRCs, but these initiatives did not come to fruition.
• The preparation of this NRC was mandated by the Ministry of Home Affairs (MHA).

Maharashtra’s Public Security Bill and its dangers

GS 2: Polity and Governance: Mah’s Anti-terror law

Why is it in the news?

• The Maharashtra government recently introduced the Special Public Security Bill, 2024, citing inadequacies in existing anti-terror laws to combat “urban Naxalism.”

A Critique

• The legislation seeks to criminalize a broad spectrum of activities deemed unlawful, echoing the provisions of the Unlawful Activities Prevention Act (UAPA), 1976, but with expanded definitions.
• These include actions that could range from threatening public order to advocating disobedience of law, potentially encompassing legitimate dissent and criticism of the government.
• Such vague language raises concerns about its potential misuse to stifle dissent and target individuals loosely associated with contentious organizations.
• Central to the controversy is the incorporation of the term “urban Naxals” into legal terminology, a term historically controversial for its broad application against students, writers, and activists.
• Further, the Bill’s provisions allow for severe measures like eviction and seizure of assets before trial, without distinguishing between active members and mere associates of targeted groups.
• Courts have consistently emphasized a stringent interpretation of laws with severe penal consequences, cautioning against their broad application in cases not meeting the threshold of terrorist activities beyond the scope of ordinary law enforcement.
• The introduction of this legislation is viewed as a threat to the constitutional balance between state authority and citizen rights, particularly those safeguarding dissent and debate.
• Despite being tabled just before the assembly session was prorogued, effectively lapsing with upcoming elections, the contentious nature of the Bill suggests caution in any future attempts to revive or replicate such laws.

Additional Information:

What is Urban Naxalism?

• “Urban Naxalism” refers to the presence and activities of individuals supporting Naxalite ideology in urban areas through activism and advocacy.
• The term ‘Naxalism’ stems from Naxalbari village in West Bengal and signifies Left-wing extremism or Maoism, which advocates the violent overthrow of the State.
• Urban Naxalism diverges from rural Naxalism by focusing on non-violent roles such as recruitment, propaganda, fundraising, and providing logistical and safe refuge support to armed Naxal cadres.
• The term ‘Urban Naxals’, popularized since 2018, originally described anti-establishment protesters and dissenters linked to the Elgaar Parishad case crackdown in Maharashtra.

Overview of Maharashtra Special Public Security Bill, 2024:

• Purpose: The Maharashtra government has proposed this legislation to address the rising threat of Naxalism, particularly in urban areas linked to Naxal-affiliated organizations.

Key provisions of Maharashtra Special Public Security Bill, 2024:

• Definition of Unlawful Activity: The bill comprehensively defines “unlawful activity” as actions that jeopardize public order, peace, and tranquillity, or disrupt the administration of law and established institutions.
• Non-bailable offences: All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector.
• Seizure and Forfeiture of assets: The law permits the seizure of movable property, including money and securities, and allows police to search for and confiscate literature related to “urban Naxalism.” Confiscated assets may be permanently forfeited if deemed to support unlawful activities.

Criticism of the Maharashtra Special Public Security Act, 2024:

• Broad and Vague Definitions: Critics argue that the definitions of “organisation” and “unlawful activity” are overly broad and vague, potentially allowing for arbitrary or politically motivated targeting of individuals and groups.
• Impact on Dissent and Legitimate Protest: There are concerns that the act could stifle dissent and legitimate forms of protest by categorizing them as unlawful activities, instilling fear among human rights activists and restricting their advocacy.
• Curtailment of Freedom of Rights: The bill is criticized for suppressing freedom of speech and expression, hindering non-violent protests against oppression, and potentially targeting citizens advocating for systemic change.
• Overlapping Provisions with Existing Laws: Critics argue that its provisions largely duplicate existing laws like the Unlawful Activities Prevention Act, National Security Act, and Public Safety Acts, leading to confusion and legal redundancy.
• Legal and Human Rights Concerns: There are significant concerns about potential violations of due process rights, including the right to a fair trial and protections against arbitrary detention under the new law.

• Enactment of Public Security Acts in Other States: Chhattisgarh, Telangana, Andhra Pradesh, and Odisha have enacted Public Security Acts aimed at preventing unlawful activities by organizations.

For further information refer article on 15/07/2024 – Maharashtra’s new bill to curb ‘Naxalism in Urban areas’.

ISRO’s Satellite Problem

GS 3: Science and Technology: ISRO

Why is it in the news?

• In June, Indian Space Research Organisation (ISRO) Chairman S. Somanath stated that ISRO’s launch vehicle capacity is three times the current demand, indicating a need for increased domestic demand for launch vehicles.

An Analysis

• India currently has four launch vehicles: Small Satellite Launch Vehicle (SSLV), the Polar Satellite Launch Vehicle (PSLV), the Geosynchronous Satellite Launch Vehicle (GSLV), and the Launch Vehicle Mark-III (LVM-3), capable of launching satellites up to four tonnes to geosynchronous orbit. Heavier satellites rely on foreign launch vehicles like Europe’s Ariane V, Russia’s Soyuz 5 and SpaceX’s Falcon 9.
• India’s satellite fleet supports communications, remote sensing, navigation, meteorology, disaster management, space-based internet, scientific, and experimental missions. Despite this, there’s a gap between satellite needs and available launch vehicles.
• The shift to a demand-driven model in 2019-2020 means satellites are only launched if there’s pre-existing demand. This requires customer education to create demand for satellite services among internet users, companies, government institutions, defense enterprises, and the general public. Future demand could also come from human spaceflight and potential space tourism.
• India’s current launch vehicles aren’t powerful enough for certain missions, like Chandrayaan 4. Further, ISRO plans to upgrade LVM-3 and develop the Next Generation Launch Vehicle (NGLV) to increase payload capacity. Moreover, more successful SSLV flights are needed for reliability in launching smaller satellites.
• Demand for launch vehicles will grow as aging satellites are replaced and reusable rocket technology improves. ISRO is also developing Reusable Launch Vehicles and exploring green fuel alternatives.
• Somanath has suggested creating an ecosystem that generates demand for services, leading to more satellites and launch vehicles. The government aims for the private sector to build and launch satellites, generating revenue and jobs whereas private companies prefer the government as a long-term customer, similar to the U.S. model with SpaceX and Blue Origin.
• The plan is for the government to eventually exit the launch vehicle business, leaving sufficient demand for private companies.
• However, the government must first educate its ministries to create anchor demand for satellites and launch vehicles, transitioning from a supply-driven to a demand-driven model.

Additional Information:

Satellite Launch Vehicles of ISRO Under Development:

ISRO is enhancing its technology to develop new satellite launch vehicles tailored for future needs, including space stations, manned missions, and small satellite launches.

1. Human Rated Launch Vehicle (HRLV):
2. This is a modified version of the current heavy-weight LVM-3 launch vehicle.
3. It is designed to launch the Orbital Module into a 400 km Low Earth Orbit, featuring a Crew Escape System (CES) powered by quick-acting, high-burn rate solid motors.
4. Reusable Launch Vehicle – Technology Demonstrator (RLV-TD):
5. It resembles an aircraft, with a nose cap, fuselage, delta wings, and vertical tails.
6. It includes active control surfaces like elevons and rudders.
7. In the future, it aims to become India’s first stage of a reusable two-stage orbital launch vehicle, similar to SpaceX’s Falcon 9, known for its capability as a heavy and reusable launch vehicle.
8. Scramjet Engine:
9. Scramjet surpasses ramjet engines by achieving hypersonic speeds and enabling supersonic combustion using hydrogen fuel and atmospheric oxygen as oxidizer.
10. ISRO successfully conducted its first experimental mission towards an Air Breathing Propulsion System realization in 2016.
11. India became the fourth country to demonstrate flight testing of a Scramjet Engine.

Practice MCQ:

With reference to India’s satellite launch vehicles, consider the following statements: (UPSC 2018)

1. PSLVs launch satellites useful for Earth resources monitoring whereas GSLVs are designed mainly to launch communication satellites.

2. Satellites launched by PSLV appear to remain permanently fixed in the same position in the sky, as viewed from a particular location on Earth.

3. GSLV Mk III is a four-stage launch vehicle with the first and third stages using solid rocket motors, and the second and fourth stages using liquid rocket engines.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3

(c) 1 and 2

(d) 3 only

Answer: A

ICAR to release 323 new varieties of 56 crops

GS 3: Economy: Agriculture

Why is it in the news?

• The Indian Council of Agricultural Research (ICAR) is gearing up for its 96th foundation day with a significant announcement: the launch of the “one scientist, one product” program aimed at fostering innovation in agriculture and animal husbandry.
• The initiative will involve all 5,521 ICAR scientists, each tasked with developing a product, technology, model, concept, or publication annually for the next five years.

More about the news

• At the event, ICAR will unveil 323 new varieties of 56 crops, highlighting advancements in climate-resilience and bio-fortification.
• These new varieties are expected to enhance agricultural productivity and sustainability, covering essential crops such as cereals, oilseeds, forage crops, and sugar cane.
• Additionally, ICAR is embarking on an ambitious project to develop 100 new seed varieties and 100 farm technologies within 100 days, part of the government’s 100-day action plan. This initiative aims to accelerate agricultural innovation and address challenges in farming practices across the country.

Additional Information:

About Indian Council of Agricultural Research (ICAR):

• Establishment: ICAR was established in 1929 under the Societies Registration Act, 1860, originally named the Imperial Council of Agricultural Research.
• It operates autonomously under the Department of Agricultural Research and Education (DARE), Ministry of Agriculture and Farmers Welfare, with its headquarters in New Delhi.
• Objective: ICAR serves as the apex body coordinating research and education in agriculture, horticulture, fisheries, and animal sciences across India.
• Key Contributions: ICAR played a pivotal role in initiating the Green Revolution and advancing agricultural technologies in India through extensive research and development efforts.

Introduction of ‘One Scientist-One Product’ Scheme by ICAR:

• About: The Indian Council of Agricultural Research (ICAR) is launching the “One Scientist One Product” initiative, aimed at enhancing research efforts in agriculture and animal husbandry involving its scientists (5,521) to focus on developing a product, technology, model, concept, or significant publication within their respective fields.
• Implementation Strategy: Scientists will present their project plans annually, with quarterly reviews conducted at the institute level and semi-annual evaluations at ICAR headquarters to monitor progress effectively.
• Program Duration and Focus: Scheduled to span five years, the program’s initial phase will prioritize enhancing yields in oilseeds and pulses, aiming to innovate and improve agricultural outcomes in these critical sectors.

Two stealth frigates being built in Russia set to be delivered soon

GS 3: S&T -Defence

About the news

• Two stealth frigates destined for the Indian Navy, under construction in Russia, are finally nearing delivery following several setbacks caused by COVID-19, the Ukraine conflict, and Western sanctions.
• The first frigate, named Tushil, is now ready for acceptance and is slated for delivery by September, with the Indian Navy’s commissioning crew already in Russia.
• The second frigate, named Tamal, is expected to follow and be delivered by February 2025. These frigates are part of a bilateral agreement signed in October 2016 between India and Russia, with a $1 billion direct purchase deal.
• Additionally, Goa Shipyard Ltd. (GSL) has a $500 million contract with Rosoboronexport for local construction assistance.
• Powered by engines from Zorya-Mashproekt of Ukraine, these frigates are crucial additions to India’s naval capabilities, augmenting the six similar frigates already operational.
• Construction at GSL is progressing as scheduled, with the launch of the first ship anticipated within the next few months.

Also read article on 06/07/2024 – Indo-Russian venture delivered 35,000 AK-203 assault rifles to MoD

CJI agrees to list petitions challenging Money Bill route for contentious amendments

GS 2: Polity and Governance: Money Bill

Why is it in the news?

• Chief Justice of India D.Y. Chandrachud has agreed to list petitions challenging the Centre’s use of the Money Bill route to pass contentious amendments in Parliament.
• The decision came during a hearing where senior advocate Kapil Sibal represented the petitioners, including Rajya Sabha MP Jairam Ramesh.

More about the news:

• The issue stems from a referral to a seven-judge Bench in November 2019 by a five-judge Bench led by Chief Justice Ranjan Gogoi in the case of Rojer Mathew vs. South Indian Bank Ltd.
• Central to the dispute is whether amendments passed as Money Bills, bypassing the Rajya Sabha, contravene Article 110 of the Constitution, which limits Money Bills to specific financial matters.
• These amendments, particularly those in the Prevention of Money Laundering Act (PMLA) from 2015 onwards, expanded the powers of the Enforcement Directorate for actions such as arrests and raids through Money Bills.
• While the legality of the PMLA amendments was upheld, the question of their passage as Money Bills remains pending before the seven-judge Bench.

Additional Information:

About Money Bill:

• Definition: A Money Bill pertains exclusively to financial matters such as revenue, taxation, government expenditures, and borrowing.
• Constitutional Basis:
• According to Article 110(1) of the Constitution, a Bill is classified as a Money Bill if it addresses matters specified in Article 110(1)(a) to (g), including taxation, government borrowing, and appropriation of funds from the Consolidated Fund of India,
• Under Article 110(3), the Speaker of the Lok Sabha has the final authority to determine whether a Bill qualifies as a Money Bill.
• Procedure:
• Money Bills must be introduced exclusively in the Lok Sabha, as outlined in Article 117(1), and cannot be introduced in the Rajya Sabha. Additionally, only the President’s recommendation can initiate or move Money Bills in the Lok Sabha.
• While the Rajya Sabha can suggest amendments to a Money Bill, it does not have the authority to reject or amend it. (However, a Financial Bill must be passed by both Houses of Parliament)
• If the Upper House fails to respond within 14 days or if its recommendations are rejected by lower house, the Bill is considered passed in the form approved by the Lok Sabha.
• The President has the option to either approve or decline a Money Bill but cannot send it back for reconsideration.
• There is no provision for a Joint Sitting of both houses of Parliament to resolve disagreements over Money Bills.

While every Money Bill falls under the category of Financial Bill, not all Financial Bills qualify as Money Bills. For instance, a Finance Bill solely focused on tax proposals qualifies as a Money Bill, while a Bill addressing taxation or expenditure alongside other subjects is classified as a Financial Bill.

Practice MCQ:

Q. Regarding the Money Bill, which of the following statements is not correct? (UPSC 2018)

(a) A bill shall be deemed to be a Money Bill if it contains only provisions relating to the imposition, abolition, remission, alteration or regulation of any tax.

(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.

(c) A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India.

(d) A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.

Answer: C

Q. What will follow if a Money Bill is substantially amended by the Rajya Sabha? (UPSC 2013)

(a) The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha.

(b) The Lok Sabha cannot consider the Bill further.

(c) The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration.

(d) The President may call a joint sitting for passing the Bill.

Answer: A

Harnessing Tizu Zunki River for Nagaland’s Economic Development

GS 3: Economy: Infrastructure (Waterways)

Why is it in the news?

• During a Stakeholders’ Conference, hosted by Inland Waterways Authority of India (IWAI), in Dimapur, Nagaland, Union Minister Sarbananda Sonowal and Chief Minister Neiphiu Rio unveiled plans to develop National Waterway 101 (Tizu Zunki) in collaboration with IWAI and Nagaland’s Transport Department.
• Further, they aim to assess navigation feasibility and enhance tourism on Doyang River Lake with community jetties and potential Ro Pax ferries to boost the state’s tourism sector.

More about the news

• Sonowal emphasized the economic benefits of waterways and PM Modi’s support for inland transport to propel India towards becoming the world’s fifth-largest economy. He highlighted Northeast India’s waterways as crucial for national development.
• Feasibility studies for NW 101 will cover fairway development, navigational aids, terminals, infrastructure, skill development, and vessel procurement from Longmatra to Avangkhu.
• Moreover, the Ministry of Ports, Shipping & Waterways (MoPSW) and IWAI initiatives include the Kaladan Multimodal Transit Transport Project and improving links between NW 2, NW 16, and the Indo-Bangladesh Protocol Route (IBPR) for enhanced connectivity and trade opportunities.

About Tizu River

• The Tizu River connects to Myanmar’s Chindown River, part of the Irrawaddy River system, facilitating cargo movement to international markets via ports like Mandalay and Hinthada, reaching the Andaman Sea through the Irrawaddy Delta.

Additional Information:

What are national waterways? 

• India boasts an extensive network of inland waterways encompassing rivers, canals, backwaters, and creeks.
• The Inland Waterways Authority of India (IWAI), a statutory body, oversees the development and management of these waterways to enhance water transportation across the country.
• While IWAI develops feasible stretches for navigation, state governments retain rights over water, riverbed, and land use.
• Under Entry 24 of the Union List of the Constitution, the central government legislates on shipping and navigation for national waterways.
• The National Waterways Act, 2016, designates 111 inland waterways, including five previously declared national waterways.
• Currently, 13 out of the designated 111 National Waterways are operational, facilitating movement of cargo and passenger vessels.