9 PM Daily Brief – 21 April 2016

Brief of newspaper articles for the day bearing
relevance to Civil Services preparation

What is 9 PM brief?

• GS PAPER 1

1. Church and Court{ Society – Paper I}

• GS PAPER 2
  1. Even President’s decision can go terribly wrong, says HC {Judicial review – Paper II}
  2. Special significance for ties with India: China {Foreign Policy – Paper II}

  3. One handshake among many{Foreign Policy – Paper II}

• GS PAPER 3
  1. India not obstructionist at RCEP, says Commerce Ministry {FTA – Paper III}
  2. Hotter, longer, deadlier summers{Environment – Paper III}
  3. Why India needs vibrant small enterprises {Inclusive growth – Paper III}

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GS PAPER 1

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[1] Church and Court

Indian Express

Issue

Religious issues repeatedly being taken by the Courts.

Why in news?

While hearing the plea against ban on entry of menstruating women into Kerala’s Sabarimala temple, the Supreme court said that “gender discrimination in such a matter is unacceptable”.

What can Supreme Court do in this case?

• The court will have to decide whether the ban on women entering the temple is a bona fide religious custom, and if it passes the essential practices test.
• Indeed, the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, permits the prohibition of women from accessing places of worship where “custom” or “usage” requires it.
• SC could decide that the ban does not meet the essential practice test.
• It could also strike down the rule on the grounds that it discriminates on the basis of gender as well as infringes on a woman’s right to freedom of worship.

 

Plea of the Government and temple authorities

• Defending the ban, the Sabarimala’s temple administration has said the tradition is connected to essential religious practice.
• Supporting them, Kerala government has told the court that beliefs and customs of devotees cannot be changed through a judicial process and that “the opinion of the priests is final” in matters of religion.

 

Tension

• This observation of the SC highlights the tension between religious tradition and the reformist impulse of the Constitution.
• This tension has surfaced whenever the courts have had to judge whether religious traditions or customs should be reformed.
• This tension is, of course, not restricted to India but often appears in a more acute form because of the court’s historical tendency — backed by Article 25(2) — to intervene in religious matters.

 

How to solve such cases?

• Over the years, the courts have put in place what is known as the “essential practices” test, used to decide a variety of cases. These can be classified under a few heads.
• First, the court has used this test to decide which religious practices are eligible for constitutional protection.
• Second, to adjudicate the legitimacy of legislation for managing religious institutions.
• Finally, to judge the extent of independence that can be enjoyed by religious denominations.

 

Observation of the Supreme Court in such cases.

In Shirur Mutt, the SC observed that a “religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential… and no outside authority has any jurisdiction to interfere with their decision”.

At the same time, the court said that the state can legitimately regulate religious practices when they “run counter to public order, health and morality” and when they are “economic, commercial or political in their character though they are associated with religious practices”.

 

In the Durgah Committee case, for instance, it ruled that “practices though religious may have sprung from merely superstitious beliefs and may in that sense be extraneous and unessential accretions to religion itself”.

It added that unless such practices are found to “constitute an essential and integral part of religion”, their claim for protection would have to be carefully scrutinised.

 

Conclusion

 

• Whatever the basis of judgements given the Supreme Court, it is unfortunate that  the courts have become the arbiter of what constitutes true religion.
• And this will continue until  “all communities begin to accept that the arc of moral and social demands bends towards individual freedom, non-discrimination and equality, particularly on the issue of gender”.

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GS PAPER 2

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[1] Even President’s decision can go terribly wrong, says HC

The Hindu

Issue

• Imposition of President’s Rule in Uttarakhand

High court of uttarakhand said

• The power of judicial review is with courts. It cannot be with the President. In earlier times, courts wouldn’t interfere [in a President’s decision]. There’s nothing such as non-reviewability or absolute power [these days].
• President could be an excellent person but he can go terribly wrong.
• there were apprehensions that the Centre possibly revoking President’s Rule before the court gave its ruling.
• On these apprehensions High court said that the court hoped that the Centre “will not provoke HC by revoking Article 356 before the verdict.
• The bench was hearing arguments on the petition filed by the ousted Chief Minister Harish Rawat challenging imposition of President’s rule in Uttarakhand.
• It also ruled that legitimacy of inference drawn by President from the material placed before him by Governor is open to judicial review.

Union government’s argument

• Union Government’s argument that he took the decision to impose President Rule under Article 356 of the Constitution in his “political wisdom”
• President’s understanding of the material before him would be different from that of the court

Judicial review

• The Judiciary plays a very important role as a protector of the constitutional values that the founding fathers have given us.
• They try to undo the harm that is being done by the legislature by the legislature and the executive and also they try to provide every citizen what has been promised by the Constitution under the Directive Principles of State Policy.
• All this is possible thanks to the power of judicial review.
• The rule of law is the bedrock of democracy, and the primary responsibility for implementation of the rule of law lies with the judiciary.
• This is now a basic feature of every constitution, which cannot be altered even by the exercise of new powers from parliament.
• It is the significance of judicial review, to ensure that democracy is inclusive and that there is accountability of everyone who wields or exercises public power.
• As Edmund Burke said: “all persons in positions of power ought to be strongly and lawfully impressed with an idea that “they act in trust,” and must account for their conduct to one great master, to those in whom the political sovereignty rests, the people”

[2] Special significance for ties with India: China

The Hindu

China said

 

• China-India relations carry special significance

• The current momentum for dialogues started in 2015 with Indian PM visit to China
• Peace and stability at Sino-Indian border will be important. Ajit Doval will be pushing for agreement over sharing of information regarding position of troops at border for confidence building. However response from Chinese side is still waited
• In tune with the UPA-2 government’s decision to expand the framework of Special Representatives talks to include all issues of a strategic nature. India will offer market access to China in fields where India has an advantage.
• India will raise concerns about Chinese involvement in infra development in the PoK region. Indo Pak tussle over PoK is discouraging Chinese investment
• Pakistan gwadar port as well as Afghanistan’s future are few other areas which will form significant part of discussion.

[3] One handshake among many

The Hindu

Issue:

India-US defence cooperation.

Already discussed, please refer the following articles in the same sequence:

 

1. U.S. Act to ‘institutionalise’ defence, trade ties with India
2. Militaries of US-India to share their facilities.

3.A firm handshake, not an embrace

4.A ‘much-needed message’ to India’s neighbours

 

Conclusion:-

• As, India is an emerging power, so every country  seeks to have partnership  with India.
• But those who seek partnership must appreciate that India may gladly offer a strategic handshake, but it will only be one handshake among many.
• As, in foreign policy, there are neither permanent enemies nor permanent friends, but only permanent interests, i.e. ‘National Interests’.

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GS PAPER 3

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[1] India not obstructionist at RCEP, says Commerce Ministry

The Hindu

News

Department of Commerce, Ministry of Commerce and Industry has retorted(replied back) to the article published in Hindu which said India has been an obstructionist in negotiations

9pm brief of that article

 

What the department said

• India has a constructive engagement in RCEP
• It was one of the first to submit offers on goods, investments and service even before brunei round and it was appreciated for its promptness
• Several other RCEP countries’ initial offers on Goods have fallen short of the agreed Basic Concept on Initial Offer (BCIO) thresholds and they have been urged to improve their offers to enable negotiations move forward.
• India’s proposal in services even raised the ambition levels in initial offers to harness full potential of RCEP

The article in Hindu is wrong will undermine are negotiating strategy in coming RCEP round in Perth

[2] Withdrawing the lifeline

Indian Express

Context

Amidst drought conditions prevailing in many parts of India(at least 10 states), the government is not doing its job properly in providing employment through MGNREGA

 

What is happening

• Acute shortage of water for drinking and for crops
• Fodder for animals
• Drought is affecting rural people and causing them distress

 

How Public Works remove distress

• Wage employment is given for public works programmes to keep the economy going
• India had enacted a law called MGNREGA for the purpose of providing minimum wage employment to the rural people

 

What is MGNREGA, 2005

• An Act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected therewith or incidental thereto

• Work must be provided within 15 days and compensation of half the wage be paid if no work or if there is a delay in providing work

 

Changes in MGNREGA

• The UPA Government had planned to increase the number of working days from 100 to 150 before the 2014 Lok Sabha Elections in the country but failed.
• The NDA government decided to provide 150 days for rain hit areas

 

What was the issue
Although the government has realised that the drought areas need more help and raised the guarantee of providing work to 150 days, but has capped on the funding needed and sometimes delayed it, it was only after the intervention of Supreme Court that centre released some funds

Some data

• Only 30 days of work has been provided on an average
• Spending on MGNREGA was 0.26% of GDP in 2015-16
• Spending has been 0.6% of GDP at its peak
• Unpaid dues were Rs. 12,590 crore(govt. refusal to pay was the reason)
• In 10 drought affected areas only 7% of households got 150 days of work
• If all houses in drought affected states had been given 150 days of work, additional Rs. 15,000 crores would have been paid

See previous article related to MGNREGA

 

An act which was supposed to solve the problems of people seems to be failing

• Government is refusing to pay overdue material costs, and putting the cost on states to bear
• Wages payments are delayed so much so that work done by people in many states last year will be paid now
• Rural masses are now working again in this heat to make their ends meet even if the work promised is well below the days guaranteed

[3] Why India needs vibrant small enterprises

Livemint

Issue

Importance of small enterprises.

Constraints faced by small enterprises

• Credit constraints
• Higher interest costs
• Little access to trained labour, technical progress and management support.
• A small entrepreneur faces the worst of the inspector raj that makes India such a tough place to do business.

Why small enterprises are important?

• Small enterprises are the best bet right now to create the millions of jobs that India needs to create every year if it is to maintain social stability.

Features of Small enterprises:-

• They account for less than a tenth of GDP but nearly 45% of industrial output and 40% of exports.
• They employ an estimated 60 million people because small enterprises generally have lower capital intensity.
• These enterprises  seem to have absorbed the millions who have left farming out of desperation. Output by these enterprises has been growing faster than the underlying nominal gross domestic product.
• This is in contrast to the more sluggish growth in the 5,788 listed companies whose financial performance dominates public discourse—especially the over-leveraged giants that are so important in the various stock market indices.

India’s strategy for small enterprises, so far

• India had tried to encourage small companies after the 1970s with the help of two barriers of protection.
• First, the ridiculously high levels of import tariffs for the entire economy.
• Second, reserving the production of certain goods for small companies.
• These two policies created inefficient small firms that were neither capable of scaling up nor facing global competition after the 1991 reforms.

What do we need now?

• Credit constraints is one of the key problems faced by small enterprises and it remains to be seen whether new institutions such as MUDRA Bank can prise open the credit markets for small enterprises.
• We need to create a policy environment that will encourage the growth of more small companies that can hold their own in a competitive market.

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1. The lead article of the day is covered under Editorial Today. Click here to read.

2. Science and Technology and Environment articles has been left out, they will be covered in weekly compilation for next week.

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BY: ForumIAS Editorial Team