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.
ShinchanNohara,
ShinchanNohara,Animesh_MathsWith reference to 'contract farming' in India, consider the following statements:
1. Farmers practising contract farming can invoke protections under the consumer protection act, 1986.
2. In India, engagement of farmers in contract farming is legally not considered as a commercial activity.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
The answer is given to be c.
I doubt statement1. How can farmers invoke protections from CoPrA,1986? As fas as I can remember it has been repealed with the introduction of CoPrA 2019.
Even if it is true, then also, how is CoPrA applicable to contract farming?
Animesh_Maths,With reference to 'contract farming' in India, consider the following statements:
1. Farmers practising contract farming can invoke protections under the consumer protection act, 1986.
2. In India, engagement of farmers in contract farming is legally not considered as a commercial activity.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
The answer is given to be c.
I doubt statement1. How can farmers invoke protections from CoPrA,1986? As fas as I can remember it has been repealed with the introduction of CoPrA 2019.
Even if it is true, then also, how is CoPrA applicable to contract farming?
Statement 1 is true because of a SC judgement.
The Hon’ble Supreme Court, on 6th March 2020, in the matter of M/S Nandan Biomatrix Ltd. v. S. Ambika Devi & Ors. pronounced that in cases where the farmer has purchased goods or availed of services in order to grow produce in order to eke out a livelihood, the fact that the said produce is being sold back to the seller or service provider or to a third party cannot stand in the way of the farmer amounting to a “consumer” under the Consumer Protection Act, 1986.
chamomile,Animesh_MathsOkay, thanks!With reference to 'contract farming' in India, consider the following statements:
1. Farmers practising contract farming can invoke protections under the consumer protection act, 1986.
2. In India, engagement of farmers in contract farming is legally not considered as a commercial activity.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
The answer is given to be c.
I doubt statement1. How can farmers invoke protections from CoPrA,1986? As fas as I can remember it has been repealed with the introduction of CoPrA 2019.
Even if it is true, then also, how is CoPrA applicable to contract farming?
Statement 1 is true because of a SC judgement.
The Hon’ble Supreme Court, on 6th March 2020, in the matter of M/S Nandan Biomatrix Ltd. v. S. Ambika Devi & Ors. pronounced that in cases where the farmer has purchased goods or availed of services in order to grow produce in order to eke out a livelihood, the fact that the said produce is being sold back to the seller or service provider or to a third party cannot stand in the way of the farmer amounting to a “consumer” under the Consumer Protection Act, 1986.
Understood the logic behind consumer relationship between contractor and farmer.
chamomile,Okay, thanks!With reference to 'contract farming' in India, consider the following statements:
1. Farmers practising contract farming can invoke protections under the consumer protection act, 1986.
2. In India, engagement of farmers in contract farming is legally not considered as a commercial activity.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2
The answer is given to be c.
I doubt statement1. How can farmers invoke protections from CoPrA,1986? As fas as I can remember it has been repealed with the introduction of CoPrA 2019.
Even if it is true, then also, how is CoPrA applicable to contract farming?
Statement 1 is true because of a SC judgement.
The Hon’ble Supreme Court, on 6th March 2020, in the matter of M/S Nandan Biomatrix Ltd. v. S. Ambika Devi & Ors. pronounced that in cases where the farmer has purchased goods or availed of services in order to grow produce in order to eke out a livelihood, the fact that the said produce is being sold back to the seller or service provider or to a third party cannot stand in the way of the farmer amounting to a “consumer” under the Consumer Protection Act, 1986.
Understood the logic behind consumer relationship between contractor and farmer.But wasn't the 1986 act repealed with the passage of 2019 act?Or is it somewhat related to the fact that the act though received the presidential assent in august 2019 came into force only in July 2020? Since the case was decided on 6th march, therefore, copra,1986 was still in force then.If this is true, then what is the status of protection now since the act has been repealed and new act has replaced it?
It has been replaced, but a judgement given with basis of 86 act won't be nullified that an old act has been replaced with a new one. 2019 only adds on to provisions of 86 act
chamomile,
@ShinchanNohara Yes. See gist of IR Coelho(2007) case.
What to do in such questions? I am really confused. I know of the IR Coelho case. But, what the statement says
is just the definition of 9th schedule. It has been struck down by the SC as unconstitutional and void, but it is
still present in the constitution, and the clause in the 1st constitutional amendment act still has the same
wording, as constitution has not been amended formally.
For another example, if some question states that under sec 66A of the IT Act, state can punish individuals for statements on internet that has a grossly offensive or has menacing character, etc..
Would it be considered correct or wrong?
Both ways it can be justified. It is correct because the clause is still present on the statute book and hasn't been removed/amended. Only its implementation has been stopped by declaring the law unconstitutional by the Hon'ble SC. It is wrong because in the Shreya Singhal case, 2015, SC held that the law violates the freedom of speech and expression and the law is too broad to be covered in the reasonable restrictions clause.
Which approach is correct while marking mcq questions for prelims?
ShinchanNohara,ShinchanNohara,Animesh_MathsHowever, this is only an educated guess, and I may be wrong. Let someone confirm this.
wonderwoman26,
It is said that era of nation states is coming to an end. What are post cold war challenges to nation states?
Globalization
Regionalization - regional organizations
emergence of non-state actors (MNCs)
blurring of boundaries of nation states due to increased travelling
migration and immigration
increased economic interdependence due to capitalism and free trade
emergence of common threats such as terrorism and climate change
Animesh_Maths,
upsc2020,ToyotaQualis
@sjerngal Solubility decreases with temperature for any dissolved material or any solvent (liquid in which material is dissolved). Hence, solubility of salt too increases with decrease in temperature of water.
Using this, we can say that cold water, especially in ocean depths would be more saline. To see this, suppose some more salt is added to the upper layer of ocean (which is saturated), then it will not dissolve in the upper layers, so it will sink down because it cannot float independently without water molecules surrounding it (sort of like what happens in a glass of water). Then, the temperature of lower levels is lower, consequently solubility is more. The salt will keep sinking until such a depth is found where it dissolves into the water. So, the depth of oceans will become more saline in this way.
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