Doubt Clearance Thread: UPSC 2021
"When in doubt, observe and ask questions. When certain, observe at length and ask many more questions."
Created this thread as a one stop solution for all members so that all the doubts wherein any conceptual clarification is required can be solved here.
The Parliament can make laws for the peace, progress and good government of the Union Territory of Ladakh.
but will there be any bar on Parliament to make any laws related to above topic ???
what is patent pooling?Since it is good fodder for mains also and can be used in a variety of answers, sharing this well-written article.
https://www.mondaq.com/india/patent/325602/patent-poola questions follows , that the vaccine produced by Serum institute can be an exmaple of patent pooling ? - wrt to giving access to third party for the use of patent commodity,.?
On the surface of it, it looks like it. I do not know the contractual details of whether licenses have been shared or not or is just production. Can anyone shed some light on this?
what is patent pooling?Since it is good fodder for mains also and can be used in a variety of answers, sharing this well-written article.
https://www.mondaq.com/india/patent/325602/patent-poola questions follows , that the vaccine produced by Serum institute can be an exmaple of patent pooling ? - wrt to giving access to third party for the use of patent commodity,.?
I don't think it is. My understanding of patent pooling is that if A, B and C all have patents with respect to some technology and they give it to another person or company, D, to hold together as essentially one patent. This way if someone wants to license all three patents they can just go get the license from D instead of A, B and C separately. So if this is the case, I don't think Serum Institute had created any technology for them to pool their patents. They most likely just got the patent license from AstraZeneca.
Please clarify if my understanding is wrong or right if anyone knows about this in more detail.
States can seek overseas loans for projects - The Hindu
Does this violate Art 293?
3.2 Since all the States are still indebted to Government of India, the constitutional position, therefore, is that prior consent of Government of India is necessary before a State Government raises a loan. Such prior consent is not necessary before the State government gives a guarantee. The State legislature is competent to limit the amount of guarantees which a State Government may give. It may be argued that guarantees are in the nature of a contingent liability which devolve on the State government in the event of default in repayment of loan; Article 293(3) may therefore, be stretched to extend to guarantees given by State governments. However, Article 293(1) specifically distinguishes between borrowing and guarantees. It would, therefore, be reasonable to conclude that ‘loan’ mentioned in Article 293(3) is intended to cover borrowing only and is not intended to apply to guarantees as well.
3.3 The constitutional position, therefore, would be that State governments do not require prior consent of Government of India before giving a guarantee. It is possible to suggest that Government of India, while giving permission to State governments to raise loans may satisfy itself about the extent of guarantees given by the State government and impose conditions thereon. In view, however, of the different constitutional provisions relating to States powers to raise finances and issue guarantees, such suggestions would need to be vetted by constitutional experts who could limit the interpretation of conditions to be only those related to the specific loan for which consent is given.
Reading this it seems like since state entities are not covered by Article 293, they have been given permission to raise external borrowings. State is just acting as a guarantor. Thus, no violation of Article 293.
Also, read 3.10(e) from the link given below.
https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?ID=17
ssver2,
3.2 Since all the States are still indebted to Government of India, the constitutional position, therefore, is that prior consent of Government of India is necessary before a State Government raises a loan. Such prior consent is not necessary before the State government gives a guarantee. The State legislature is competent to limit the amount of guarantees which a State Government may give. It may be argued that guarantees are in the nature of a contingent liability which devolve on the State government in the event of default in repayment of loan; Article 293(3) may therefore, be stretched to extend to guarantees given by State governments. However, Article 293(1) specifically distinguishes between borrowing and guarantees. It would, therefore, be reasonable to conclude that ‘loan’ mentioned in Article 293(3) is intended to cover borrowing only and is not intended to apply to guarantees as well.3.3 The constitutional position, therefore, would be that State governments do not require prior consent of Government of India before giving a guarantee. It is possible to suggest that Government of India, while giving permission to State governments to raise loans may satisfy itself about the extent of guarantees given by the State government and impose conditions thereon. In view, however, of the different constitutional provisions relating to States powers to raise finances and issue guarantees, such suggestions would need to be vetted by constitutional experts who could limit the interpretation of conditions to be only those related to the specific loan for which consent is given.
Reading this it seems like since state entities are not covered by Article 293, they have been given permission to raise external borrowings. State is just acting as a guarantor. Thus, no violation of Article 293.
Also, read 3.10(e) from the link given below.
https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?ID=17
thanks bro :)
Joeyisthebest,
I am 26 yr old now. I wrote civil services 5 times and couldn't clear. I don't feel like writing this year. I got a job through SSC CGL 2018 as excise inspector. But I might not get home posting. Should I join the job? I don't have any other backup. Available options are -
1. Join the job and try to clear civil services with one last attempt while working
2. Look for a corporate job as I don't really have the motivation to clear the exam.
I feel like I need to settle down as quickly as possible and I don't think a group B job is going to satisfy me. Pls give me your suggestions.
Regards.
Can a Union Territory approach the Supreme Court under Article 131 (original jurisdiction) ?
The doubt arises as the article only mentions "states" but Delhi did approach SC in 2016 as stated here -
ssver2,Can a Union Territory approach the Supreme Court under Article 131 (original jurisdiction) ?
The doubt arises as the article only mentions "states" but Delhi did approach SC in 2016 as stated here -
That petition was withdrawn and never decided.
imo, UT can't, since Art 131 doesn't mention it. Further Art 366 (26B) fails to include Art 131. (State with reference to articles 246A, 268, 269, 269A and article 279A includes a Union
territory with Legislature.) There is nothing in Art 239AA either.
cot_ainok,Can a Union Territory approach the Supreme Court under Article 131 (original jurisdiction) ?
The doubt arises as the article only mentions "states" but Delhi did approach SC in 2016 as stated here -
That petition was withdrawn and never decided.
imo, UT can't, since Art 131 doesn't mention it. Further Art 366 (26B) fails to include Art 131. (State with reference to articles 246A, 268, 269, 269A and article 279A includes a Union territory with Legislature.) There is nothing in Art 239AA either.
The petition was withdrawn because the Delhi govt had parallel cases pending in Delhi HC, if i remember clearly.
Anyway, i feel the same. That UT can.t. + the articles that you mentioned, they point to the same thing. Thanks for the inputs. And i read your P.S. as well, and i agree. :)
ssver2,Can someone clarify which chapters are to be done for Tomorrow SFG Test from LaxmiKant ?
Syllabus website is not opening :/
SFG Level 2 v2 - Final (1).pdf
ArchAngel96,Hi I need some advice regarding Current Affairs
I haven't done any magazine yet; I usually do Vision CA (Not PT365) + Solve Test series.
Haven't read the newspaper since Feb as well.
What should I do and where should I begin?
I know the fact that Prelims is more heavily inclined towards Static nowadays but still I am having FOMO.
Any doable suggestion would be appreciated. 
Hi I need some advice regarding Current Affairs
I haven't done any magazine yet; I usually do Vision CA (Not PT365) + Solve Test series.
Haven't read the newspaper since Feb as well.
What should I do and where should I begin?
I know the fact that Prelims is more heavily inclined towards Static nowadays but still I am having FOMO.
Any doable suggestion would be appreciated.
It would not be prudent to read all the monthly magazines at this time. I would have done these things-
1. Any PT compilation (Vision or Rau's)
2. CA MCQs for T-12 months from any test series. T-24 months, if you think you'd be able to handle it with your static preparation. Use any test series for CA or SFG weekend tests that cater to current affairs portion entirely.
ArchAngel96,
@upsc2020 Lets create a list of low-hanging fruits for CSP2021 like the Sureshot questions asking area like 1-2 questions from reports, Mapping and likewise.
Request Others to contribute..
@upsc2020 Lets create a list of low-hanging fruits for CSP2021 like the Sureshot questions asking area like 1-2 questions from reports, Mapping and likewise.
Surely
No 1,
Write your comment…
