AMIGOS IAS Daily Current Affairs (22^nd July 2024)

SC set to be review Governor’s immunity under Article 361

GS 2: Polity and Governance: Governor’s immunity

Why is it in the news?

• Article 361 of the Indian Constitution grants the President and Governors immunity from criminal prosecution and judicial scrutiny for actions performed in their official capacities, except in cases of impeachment by Parliament.
• This immunity covers the initiation of criminal proceedings and protects them from arrest or imprisonment while in office.
• The Supreme Court is reviewing whether this immunity extends to the registration of an FIR, initiation of a preliminary inquiry, or a magistrate taking cognisance of an offence.

More about the news

• The Supreme Court’s review was prompted by a petition from a woman employee of the West Bengal Raj Bhavan, alleging sexual harassment by Governor C V Ananda Bose.
• The petitioner contends that delaying action against the Governor until he leaves office could violate her rights and impact evidence. The Court will interpret the scope of criminal proceedings under Article 361(2).
• The immunity for the President and Governors is rooted in the Latin maxim “rex non potest peccare” (“the king can do no wrong”) from English legal traditions. During the Constituent Assembly debates in 1949, concerns about the extent of this immunity were raised, but the article was adopted without detailed discussion.
• Recent judicial interpretations have clarified what constitutes the “institution” of criminal proceedings against a Governor.
• In the 2017 State vs Kalyan Singh & Ors case concerning the Babri Masjid demolition, the Supreme Court delayed the trial against then Rajasthan Governor Kalyan Singh, citing his immunity under Article 361, stating that charges could be framed once he ceased to be Governor.
• In 2015, the Madhya Pradesh High Court ruled in the Vyapam scam case that Article 361(2) provides absolute protection from malicious campaigns against a Governor but allowed investigations against other accused while effacing the Governor’s name until he left office.
• Similarly, in the 2006 Rameshwar Prasad vs Union of India case, the Supreme Court examined a Governor’s actions under Article 361(1) and ruled that while Governors have complete immunity in exercising their powers, the court can still review actions taken in bad faith.
• Further, the debate on executive immunity extends beyond India. Recently, the US Supreme Court ruled that former President Donald Trump has “absolute immunity” from prosecution for official acts, but not for unofficial or personal acts.
• In India, the issue is particularly relevant given frequent conflicts between Governors and opposition-ruled state governments. The Supreme Court’s review of Article 361 may have significant implications for the constitutional role of Governors.

Additional Information:

What is Article 361 of the Indian Constitution?

• Article 361 grants the President of India and state governors’ immunity from legal proceedings in any court for their actions and decisions undertaken in the exercise of their official powers and duties during their tenure, thereby creating an exception to the principle of equality before the law enshrined in Article 14.
• However, President’s conduct can be reviewed by any court, tribunal, or body designated by Parliament for investigations under Article 61.
• Key points of Article 361 –
• No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
• No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
• Civil suits against the President or Governor necessitate a two-month notice prior to filing, as per Article 361.

Constitutional Provisions regarding Governor in India: The Indian Constitution details all aspects of the Governor’s office, including appointment and powers, within Part VI (Article 153 to Article 162).

• Appointment: The Governor is appointed by the President of India and serves at the pleasure of the President (Article 155).
• Article 154 vests executive power in the Governor to be exercised in accordance with the Indian Constitution.
• Qualifications: The Governor must be an Indian citizen, at least 35 years old, and cannot hold any office of profit (Article 157).
• Term: The Governor shall hold office during the pleasure of the President, but his normal term of office will be five years (Article 156).
• Powers and Functions of the Governor:
• Executive Functions: The Governor appoints the Chief Minister and Council of Ministers, and allocates portfolios among them (Article 164).
• Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
• Financial Functions: The Governor presents the Annual Financial Statement (budget) to the State Legislature and deals with money bills (Article 202).
• Discretionary Powers: The Governor exercises discretionary powers, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).

Mains Practice Question:

• Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC 2022 ;15 Marks)

Rogue Waves

GS 1: Geography: Waves

Why is it in the news?

• Rogue waves are exceptionally large waves that significantly exceed the height of surrounding waves, presenting a serious threat to ships, coastal infrastructure, and human lives. Until recently, predicting these waves has been nearly impossible.
• However, researchers at the University of Maryland, Thomas Breunung and Balakumar Balachandran, have developed an artificial intelligence (AI) program capable of forecasting rogue waves up to five minutes in advance by analyzing data collected from 172 ocean buoys.

About Rogue Waves

• In oceanography, “sea state” refers to the condition of the water’s surface at a specific time and location.
• Rogue waves also known as ‘Extreme Storm Waves’, defy the average sea state, and are twice the size of surrounding waves, according to the US National Oceanic and Atmospheric Administration (NOAA).
• They typically form when swells from distant weather systems converge or when ocean currents compress swells, creating powerful billows.
• Despite knowing that rogue waves can occur, the lack of real-time forecasting methods has had severe consequences, with rogue waves causing at least 386 deaths and sinking 24 ships between 2011 and 2018.
• Breunung and Balachandran’s AI model, trained on 20-minute ocean buoy samples, can predict rogue waves with about 75% accuracy one minute in advance and 73% five minutes ahead. This model identifies patterns by comparing rogue wave recordings with non-rogue data.
• It proved effective even for buoys at different depths not used in training. Future enhancements may include factors like water depth and wind speed.

How children win with U-WIN, govt’s new online vaccine portal

GS 2: Polity and Governance: U-WIN Portal

Why is it in the news?

• As part of its 100-day health agenda, the government is launching U-WIN, an online vaccine management portal for childhood immunization, similar to CoWIN used during the Covid-19 pandemic.

U-WIN

About:

• U-WIN aims to digitize immunization records from birth to identify and vaccinate children currently missing from the program. The platform is in pilot stages across several states and will soon be rolled out nationally.

U-WIN and its working:

• U-WIN registers children up to six years old and pregnant mothers using government IDs like Aadhaar and mobile numbers.
• It tracks all vaccinations, providing a color-coded certificate that updates with each administered shot and indicates the due dates for future vaccines.
• The platform sends SMS reminders to parents and allows for the download of digital vaccine certificates. It also helps locate vaccination centres and book slots. Health workers can generate due-lists and analyze micro-trends from the data collected.
• U-WIN will also register births, track initial vaccines given at birth, and record any observed physical deformities. The long-term goal is to integrate these records with the Ayushman Bharat Health Account (ABHA) ID.

Integration with eVIN:

• U-WIN will be linked to the existing eVIN platform, which manages vaccine inventory by tracking doses, wastage, and storage conditions. This integration is expected to streamline operations and improve efficiency.
• Given that U-WIN operates on similar principles and infrastructure as CoWIN, its adoption is anticipated to be smooth. The system will provide reminders, ensure portability for vaccines across different locations, and minimize errors by acting as a decision support system.
• Additionally, U-WIN will offer granular, individualized immunization data, addressing limitations in the current aggregate data approach.

Impact on Immunization Coverage:

• U-WIN’s registration at birth is expected to help reduce the number of “zero dose” children—those who have not received any vaccinations.
• Recent data from WHO and UNICEF show a significant number of children missed their initial vaccine doses in 2023, highlighting the need for improved coverage.
• Hence, a centralized database like U-WIN could enhance policy-making and implementation by providing comprehensive vaccination data, potentially addressing gaps in coverage and improving public health outcomes.

ICJ on Israeli occupation of Palestinian Territories and its implications

GS 2: International Relations: Israel- Palestine

Why is it in the news?

• On July 19, the International Court of Justice (ICJ) declared Israel’s decades-long occupation of Palestinian territories as “illegal” and equivalent to de facto annexation.
• This historic advisory opinion, although non-binding, found multiple breaches of international law by Israel, including activities amounting to apartheid.
• The opinion was requested by the U.N. General Assembly (UNGA) in 2022 and predates the Israel-Hamas conflict, yet it amplifies pressure on Israel amid its ongoing military offensive in Gaza.

More about the news

• The ICJ holds dual powers: resolving legal disputes between member states and issuing legal opinions on matters referred by U.N. organs.
• While advisory opinions are non-binding, they carry significant legal and moral weight, influencing diplomatic relations.
• In December 2022, the UNGA sought the ICJ’s advisory opinion on the consequences of Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem.
• The ICJ concluded that Israel’s occupation is unlawful, highlighting Israel’s breaches of international law through settlement expansions, resource exploitation, and permanent control assertions.
• The court emphasized Israel’s systemic discrimination, violating human rights treaties such as the International Covenant on Economic, Social and Cultural Rights, 1954 (ICESCR), the International Covenant on Civil and Political Rights, 1954 (ICCPR), and the International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (ICERD).
• The opinion underscored that Israel’s policies maintain near-complete segregation between settler and Palestinian communities, violating Article 3 of the ICERD, which prohibits racial segregation and apartheid.

Implications

• The ICJ called on Israel to end its occupation swiftly, cease new settlements, and make reparations.
• It urged the U.N. and its principal organs to ensure Israel’s compliance and directed other member states not to recognize or support the occupation.
• Experts believe this opinion will intensify international pressure on Israel, validating Palestinian self-determination and criticizing Israel’s occupation policies.
• However, Israel’s rejection of the findings suggests that substantial change would require significant diplomatic pressure from Western powers.
• The opinion may also impact ongoing cases before the ICJ and the International Criminal Court (ICC), with its findings likely influencing related proceedings.

Additional Information:

About International Court of Justice (ICJ):

• ICJ was established by the United Nations Charter in June 1945 and commenced operations in April 1946.
• Also known as the World Court, functions as the principal judicial organ of the United Nations (UN), located at the Peace Palace in The Hague, Netherlands.
• Unlike the other six principal organs of the United Nations, the ICJ is the only one not based in New York, USA.
• The ICJ adjudicates disputes between member states (“contentious cases”) and provides non-binding advisory opinions on legal questions referred by UN bodies or specialized agencies, with its judgments in contentious cases being final and binding.
• It has 193 state parties and current President is Lebanese Judge Nawaf Salam.
• The ICJ is supported by its own permanent administrative secretariat, known as the Registry, which operates independently from the United Nations Secretariat.
• Official Languages: French and English

Structure of ICJ:

• It consists of 15 judges, all from different countries, who are elected to nine-year terms by majority votes in the UN General Assembly and the Security Council.
• The judges, one-third of whom are elected every three years, are eligible for re-election.
• Once elected, a member of the Court represents neither the government of their own country nor that of any other state.

On the Student Protests in Bangladesh

GS 2: International Relations: Anti-quota protests in Bangladesh

Why is it in the news?

• Students in Bangladesh have taken to the streets in massive protests against the job quota system for government positions, which has resulted in over 130 deaths.
• The recent development sees the Appellate Division of the Supreme Court dismissing a High Court order that had restored quotas, reserving 93% of government positions for merit, with 5% allocated to freedom fighters and their descendants, and 1% each for tribes, differently-abled individuals, and sexual minorities.

More about the news

• The current protests trace back to a 2018 movement against the quota system. After the High Court rejected a challenge to the quota system, Hasina declared her support for maintaining quotas for the descendants of liberation war veterans. This decision sparked major student protests.
• In response, Hasina abolished all quotas in 2020, which was seen as a drastic measure by students who had only sought reforms.
• In June 2024, the High Court nullified Hasina’s executive order and restored all quotas, which led to further protests. The Supreme Court’s Appellate Division then halted this order, creating uncertainty.
• Further, students demanded a new, inclusive quota system through an executive order rather than a judicial or executive imposition of the old system.
• The situation escalated when Hasina labelled protesters who opposed the freedom fighters’ quota as ‘razakars,’ accusing them of supporting Pakistani atrocities during the 1971 war.
• The quota system was established in 1972 by Sheikh Mujibur Rahman to honour freedom fighters and victims of Pakistani military atrocities. Over time, the system evolved to include various groups but has faced criticism for misuse and underrepresentation.
• Critics argue that the quota, originally meant for freedom fighters, has been extended to their descendants and party loyalists, leading to allegations of abuse.
• The ongoing protests reflect broader political dynamics in Bangladesh. Hasina’s government, facing criticism from opposition parties, is now contemplating a commission to develop a more representative quota system.

Additional Information:

Evolution of Reservation Policy in Bangladesh

• 1972 Implementation: The reservation policy began on September 5, 1972, with 30% of government posts reserved for freedom fighters and 10% for women.
• Post-Assassination Period (1975-1996): After Sheikh Mujibur Rahman’s assassination in 1975, quotas remained inactive until 1996 when Sheikh Hasina became Prime Minister and extended benefits to freedom fighters’ children.
• After 2001: Quota implementation slowed after the Awami League lost power in 2001, but expanded again after Hasina returned as Prime Minister in 2009, including benefits for grandchildren of freedom fighters.
• 2018 Quota Withdrawal: In 2018, the Hasina government decided to eliminate all quotas, but this decision was challenged and overturned by the High Court, which emphasized the continued marginalization of freedom fighters and their descendants.
• Violence Sparked by a court order: On June 5, the High Court Division of the Supreme Court of Bangladesh reinstated the 30% job quota for descendants of freedom fighters, reversing the government’s 2018 decision to abolish these quotas.
• Since April, students and teachers have been protesting, demanding that quotas be capped at 10%.

About the term “Razakar”:

• Historians note that the term “Rezakar” originated in Hyderabad (modern-day India) and initially referred to “volunteers.”
• In India, the Rezakars were a paramilitary force in Hyderabad vehemently opposing integration with India
• They were established by Bahadur Yar Jung, a leader of Majlis-e-Ittehadul Muslimeen, and led by Qasim Rizvi.
• Following their defeat by the Indian Armed Forces during Operation Polo in 1948, Rizvi relocated to Pakistan.
• In East Pakistan, the Pakistan Armed Forces and radical Islamists formed three main militias—Razakars, al-Badr, and al-Shams—to suppress civil liberties and target freedom fighters.
• These militias, with the support of the Pakistan Armed Forces, subjected Bengalis to genocidal acts, including rape, torture, murder, and forced deportation.

Will local job quotas pass the legal test?

GS 2: Polity and Governance: Karnataka’s Quota Bill

Why is it in the news?

• The Karnataka State Employment of Local Candidates in the Industries, Factories and Other Establishments Bill, 2024, proposes to reserve 50% of managerial and 70% of non-managerial positions in the private sector for local candidates.
• The Bill has faced backlash from industry leaders and businesses, who argue it may drive companies away, deter foreign investment, and negatively impact Karnataka’s technology sector.
• Furthermore, National Association of Software and Service Companies (NASSCOM) has expressed concern that the Bill could hinder industry growth and damage the State’s global reputation.

Some key features of the bill

• Reservation Policy Overview: The bill mandates significant reservation: 75% for ‘local candidates’ in non-management roles and 50% in management roles within private sector entities in Karnataka.
• Definition of ‘Local Candidate’: A ‘local candidate’ is defined as someone born in Karnataka or residing there for at least 15 years, proficient in Kannada (speaking, reading, and writing).
• Job Categorization: Roles are classified into management (supervisory, managerial, technical, operational, and administrative) and non-management (clerical, unskilled, semi-skilled, skilled in IT-ITES).
• Skill Development Provision: Industries must offer training programs to bridge skill gaps for local candidates within a 3-year period if qualified locals are unavailable.
• Flexibility Clause: Allows for a reduction of reservation to 50% in non-management and 25% in management roles under specific conditions.

Similar laws in other states have encountered legal hurdles

• Andhra Pradesh Employment of Local Candidates in Industries/Factories Act, 2019: Andhra Pradesh’s 2019 Act, which sought 75% reservation for locals, has faced judicial challenges and is not actively enforced.
• Haryana State Employment of Local Candidates Act, 2020: Haryana’s 2020 Act, which mandated 75% reservation in the private sector for jobs with salaries up to ₹30,000 per month, was struck down by the Punjab and Haryana High Court. The court ruled it violated fundamental rights and exceeded State legislative powers; the case is now under review by the Supreme Court.
• Jharkhand Definition of Local Persons Bill: Jharkhand’s 2022 Bill, re-enacted in December 2023 after gubernatorial objections, also faced scrutiny over its constitutionality.

The following constitutional provisions highlight the complex legal landscape surrounding local reservation laws and their potential conflicts with fundamental rights and freedoms:

Article 16

• This article guarantees equality of opportunity in public employment and prohibits discrimination based on race, religion, caste, sex, descent, place of birth, or residence.
• The Bill’s local reservation provisions could conflict with this guarantee if it results in discrimination against non-local candidates in private sector jobs.

Article 16(3)

• This article allows Parliament to set residency requirements for public office appointments in a State or Union Territory.
• It does not empower State Legislatures to impose such requirements, raising questions about the legality of Karnataka’s Bill under State jurisdiction.

Article 19(1)(d)

• This article ensures the freedom of movement throughout India.
• By imposing restrictions on employment based on local residency, the Bill could potentially infringe on individuals’ rights to move freely and seek employment across state boundaries.

Article 19(1)(e)

• This article guarantees the right of citizens to reside and settle in any part of India.
• The Bill’s local candidate requirements could be seen as limiting this right, as it may restrict opportunities for individuals seeking to live and work in Karnataka from other states.

Article 19(1)(g)

• This article protects the right to practice any profession or carry on any occupation, trade, or business.
• The Bill could be challenged on the grounds that it restricts this right by limiting employment opportunities based on local residency criteria.

Article 35(a)

• This article designates Parliament as the sole authority to make laws concerning residence requirements for employment or appointments to public offices, thereby restricting state legislatures from enacting such laws.

Arguments in Support of the Private Sector Reservation Bill:

• Promotion of Local Employment: The policy aims to boost job opportunities for local residents, thereby reducing unemployment and ensuring economic benefits remain within the state.
• Balanced Regional Development: By addressing disparities in resource allocation, the policy promotes economic equity and spreads opportunities across various regions, fostering balanced regional development.
• Skill Development Enhancement: Mandatory training programs will enhance the skills of the local workforce, making them more competitive and aligning them better with industry requirements.
• Social Stability and Community Harmony: Increasing job opportunities for locals can enhance social stability, fostering a sense of belonging and reducing tensions between communities.
• Brain Drain Prevention: Retaining skilled individuals within the state prevents brain drain and ensures their expertise contributes to the local economy’s growth.
• Cultural Preservation: Language proficiency requirements help preserve and promote local culture and identity, contributing to cultural preservation efforts.

Arguments Against the Private Sector Reservation Bill:

• Impact on Business Competitiveness: The policy might restrict companies’ ability to hire the best talent, potentially reducing efficiency and competitiveness.
• Skill Shortages and Training Costs: The local workforce may lack specialized skills, leading to operational inefficiencies and increased training costs for companies.
• Investment Deterrence: Restrictions on hiring could deter both domestic and international investors, negatively affecting economic growth and job creation in the state.
• Legal and Administrative Challenges: Ensuring compliance with the policy imposes additional legal and administrative burdens on businesses, potentially increasing operating costs.
• Discrimination Concerns: Critics argue that the policy may discriminate against non-local candidates, conflicting with principles of equal opportunity and fairness.
• Economic Impact and Job Opportunities: Domicile-based reservations may limit economic growth by deterring businesses and restricting job opportunities, particularly in regions with significant inward migration.

Social Cohesion and Integration: The policy could exacerbate social tensions between local and non-local residents, potentially creating a divisive environment and undermining social cohesion.

Way Forward:

• The Karnataka government should have detailed talks with everyone involved, including industry leaders, legal experts, and the public, to hear their concerns and ideas.
• A comprehensive study is necessary to assess the social and economic impacts of the proposed reservation policy, ensuring it aligns with the Indian Constitution and respects citizens’ fundamental rights.

Additional Information:

National Association of Software and Service Companies (NASSCOM):

• About: NASSCOM, established in 1988, is a prominent not-for-profit industry association serving as the apex body for India’s IT industry.
• Objective: Its primary mission is to ensure the continual support and development of the information technology (IT) and business process outsourcing (BPO) industries by upholding service quality standards and enforcing Intellectual Property Rights (IPR) within these sectors.
• Vision Statement: The vision of NASSCOM is to evolve into a global trade body that fosters a conducive environment for the sustainable growth of India’s technology industry. It aims to promote innovation, competitiveness, and global integration of Indian IT businesses.