Daily Prelims Notes 12 December 2023

December 12, 2023
Posted by: OptimizeIAS Team
Category: DPN

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Daily Prelims Notes

12 December 2023

Table Of Contents

1. A Maulana who opposed Article 370, loved Krishna and wrote a famous ghazal

Subject : History

Section: Personality

Context: Maulana Hasrat Mohani

More about the news:

During a Constituent Assembly debate on October 17, 1949,Urdu scholar Maulana Hasrat Mohani voiced his opposition to the special privileges granted to Jammu and Kashmir under Article 370.
Mohani, a Congress leader and freedom fighter, questioned the discrimination involved in giving concessions to his friend Sheikh Abdullah, even though he had expressed his love for Kashmir in verses.
N Gopalaswami Ayyangar, a Constituent Assembly member, defended the provision, stating that it was due to the special conditions of Kashmir, which was “not yet ripe for this kind of integration.”
Mohani objected to the arbitrary nature of such concessions.

Some facts about Mohani:

Syed Fazal-ul-Hassan Takhallus Hasrat was the full name of Hasrat Mohani.
Born on January 1, 1875, in Unnao, Mohani was not only a nationalist but also an advocate for Hindu-Muslim unity.
His diverse personality included visits to Mathura to celebrate Janmashtami and expressions of love for Krishna in his poetry, such as the immortalized ghazal “Chupke Chupke Raat Din.”
Mohani passed away in 1951 at the age of 76.
He is best known for coining the iconic slogan “Inquilab Zindabad!”
The government came out with a postage stamp on Mohani in 2014 as a mark of respect for his contribution to the nation building

2. What was Karan Singh proclamation of 1949

Subject : History

Section: Modern India

Context: SC to uphold abrogation of Article 370 citing Karan Singh proclamation of 1949

What was the proclamation by Karan Singh:

Karan Singh’s proclamation declared the repeal of the Government of India Act, 1935, which previously governed Jammu and Kashmir’s constitutional relationship with the Dominion of India.
It stated that the upcoming Constitution of India, as applicable to J&K, would govern the state’s constitutional relationship with the Union of India.
The proclamation emphasized the enforcement of the Indian Constitution in J&K by Karan Singh, his heirs, and successors, superseding all inconsistent constitutional provisions currently in force in the state.

Why did Karan Singh make the proclamation:

Karan Singh, responding to the Supreme Court’s judgment, mentioned that the proclamation in 1949 was necessary to eliminate ambiguity surrounding Jammu and Kashmir’s status.
He explained that despite Hari Singh signing the Instrument of Accession (IoA), the state retained a level of autonomy, distinct from the full integration seen in other princely states.
The court’s decision aligns with the government’s stance that the 1949 proclamation acknowledged the supremacy of the Indian Constitution and surrendered sovereignty to “We the people of India.”

What did the Supreme Court say:

The Supreme Court clarified that Jammu and Kashmirdid not retain an element of sovereignty upon joining the Union of India.
The court pointed to a proclamation issued by Yuvraj Karan Singh on November 25, 1949, stating that the Constitution of India would supersede and abrogate all otherinconsistent constitutional provisions in the state.
This proclamation was viewed as a full and final surrender of sovereignty by Jammu and Kashmir to India and its people, rendering paragraph 8 of the Instrument of Accession legally inconsequential.

3. What was Bommai judgment on which SC relied on

Subject : Polity

Section: Federalism

Context: Bommai judgment

More about the news:

In the Bommai case, a nine-judge bench of the Supreme Court provided an interpretation of Article 356 of the Constitution, defining the conditions for the proclamation of President’s rule.
Article 356 addresses situations “in case of failure of constitutional machinery in States” and outlines the process for imposing President’s rule.
The unanimous ruling affirmed the provision but established that the President’s decision would be subject to judicial review.
The Bommai case remains the established legal precedent for determining when and how President’s rule can be imposed.
It was referenced in recent cases challenging President’s rule in Uttarakhand (2016) and Arunachal Pradesh (2016), both of which were overturned by the Supreme Court.

What is the background of the case:

In 1989, the Congress government at the Centre dismissed the Janata Dal-led Karnataka government, led by Chief Minister SR Bommai, by imposing President’s rule.
The dismissal was based on alleged letters from 19 MLAs withdrawing their support. Karnataka Governor P Venkatasubbaiah recommended to the President to take over the state’s administration, citing the lack of majority support for Bommai and no other political party being in a position to form the government.
The move was controversial, and the Supreme Court later noted that the Governor did not ascertain Bommai’s view before making the report to the President.
Furthermore, seven out of the 19 legislators who allegedly withdrew support later reversed their stance, claiming their signatures were obtained through misrepresentation.
Bommai challenged the dismissal in the Karnataka High Court, which ruled against him.
The case was then appealed to the Supreme Court, leading to the formation of a nine-judge bench to address the matter.

What was the verdict:

The Supreme Court, in the Bommai case, unanimously ruled that the President’s proclamation of President’s rule can be subject to judicial review on grounds of illegality, malafide, extraneous considerations, abuse of power, or fraud.
The Court clarified that while the President’s subjective appraisal couldn’t be examined, the material relied upon for the decision could be reviewed.
The verdict also mandated Parliamentary approval for imposing President’s rule.
The President could only exercise this power after the proclamation was approved by both Houses of Parliament.
Until then, the President could only suspend the state legislature.
If Parliament didn’t approve the proclamationwithin two months, the dismissed government would automatically be revived.
The ruling established a clear boundary for center-state relationships, emphasizing that states were not mere appendages of the Center.
The Bommai judgment significantly reduced the imposition of President’s rule after scrutinizing the conduct of the Governor’s office, especially when dismissing state governments run by opposition parties.
From 1950 to 1994, President’s rule was imposed 100 times, averaging 2.5 times a year.
After Bommai, between 1995 and 2021, it was imposed only 29 times, a little over once a year.

What was the Kashmir reference

In the Kashmir case, a crucial question was whether Article 370 could be abrogated during the President’s rule in the state.
The Supreme Court, drawing on the Bommai ruling, affirmed the constitutionality of the President’s actions.
The Court referred to the Bommai judgment, emphasizing that actions taken by the President post-proclamation were subject to judicial review.
It highlighted the standards set by different judges in Bommai, particularly those of Justice PB Sawant (mala fide or palpably irrational exercise of power) and Justice Reddy (consideration of advisability and necessity by the President).

Key Highlights:

SR Bommai Case Background: Arising from the 1989 dismissal of Karnataka’s Janata Dal-led government, Governor Venkatasubbaiah recommended President’s rule, citing SR Bommai’s loss of majority.
Controversy Surrounding Governor’s Recommendation: The move sparked controversy as some MLAs retracted support, alleging misrepresentation in obtaining their signatures.
Supreme Court’s Verdict on President’s Proclamation: The Court unanimously ruled that the President’s proclamation is subject to judicial review, considering grounds such as illegality, malafide, and abuse of power.
Impact on President’s Rule Frequency: Post-SR Bommai, President’s rule decreased significantly, from an average of 2.5 times annually (1950-1994) to just over once a year (1995-2021).
Kashmir Reference in Article 370 Ruling: The central question during the Article 370 ruling was whether its abrogation during J&K’s President’s rule (since 2018) was permissible.
Supreme Court’s Reliance on SR Bommai: The Court validated the President’s actions in J&K by applying SR Bommai standards, as set by Justices PB Sawant and Jeevan Reddy, for testing the validity of executive orders.

4. India led Global River City alliance launched at COP28

Subject : Environment

Section: Int Conventions

Context: India led Global River City alliance launched at COP28

More about the news:

The National Mission for Clean Ganga (NMCG) launched the Global River Cities Alliance (GRCA) at the United Nations Climate Change Conference COP28 in Dubai.
The GRCA expands the River Cities Alliance, originally formed by NMCG with 142 Indian river cities, by adding river cities from Den Haag (Netherlands), Adelaide (Australia), and Szolnok (Hungary).
The alliance aims to foster global collaboration for river conservation and sustainable water management.
Earlier, the RCA had signed a Memorandum of Common Purpose with the Mississippi River Towns and Cities Initiative of the US.
The NMCG Director General emphasized the importance of mainstreaming rivers in urban planning.

Some facts about River Cities Alliance:

The River Cities Alliance was launched in 2021, to represent a pioneering collaboration between the Ministry of Jal Shakti and the Ministry of Housing and Urban Affairs.
It is the first-of-its-kind global initiative, symbolizing the successful partnership between the two ministries.
The primary objective is to provide member cities with a platform for discussing and exchanging vital information related to sustainable urban river management, sharing best practices, and promoting innovation.
The alliance is open to all river cities in India, the Alliance allows cities to join at any time.
The alliance has been launched initially with 30 cities namely Dehradun, Rishikesh, Haridwar, Srinagar, Varanasi, Kanpur, Prayagraj, Farrukhabad, Mirzapur, Mathura, Bijnor, Ayodhya, Patna, Bhagalpur, Begusarai, Munger, Sahibganj, Rajmahal, Howrah, Jangipur, Hugli-Chinsurah, Berhampore, Maheshtala, Aurangabad, Chennai, Bhubaneshwar, Hyderabad, Pune, Udaipur and Vijayawada.
The Alliance focuses on three broad themes: Networking, Capacity Building, and Technical Support.
The Secretariat of the Alliance is established at the National Institute for Urban Affairs (NIUA).

Some facts about The National Mission for Clean Ganga (NMCG):

It was registered as a society in 2011 under the Societies Registration Act 1860.
It acted as the implementation arm of National Ganga River Basin Authority (NGRBA) which was constituted under the provisions of the Environment (Protection) Act (EPA),1986.
NGRBA has since been dissolved with effect from 2016 consequent to the constitution of National Council for Rejuvenation, Protection and Management of River Ganga which is referred as National Ganga Council.

What is the Aim & Objective of NMCG

To ensure effective abatement of pollution and rejuvenation of the river Ganga by adopting a river basin approach to promote inter-sectoral coordination for comprehensive planning and management.
To maintain minimum ecological flows in the river Ganga with the aim of ensuring water quality and environmentally sustainable development.
The Act envisages five tier structure at national, state and district level to take measures for prevention, control and abatement of environmental pollution in river Ganga and to ensure continuous adequate flow of water to rejuvenate the river Ganga as below:
National Ganga Council under the chairmanship of Prime Minister of India.
Empowered Task Force (ETF) on river Ganga under chairmanship of Union Minister of Jal Shakti (Department of Water Resources, River Development and Ganga Rejuvenation).
National Mission for Clean Ganga (NMCG).
State Ganga Committees.
District Ganga Committees in every specified district abutting river Ganga and its tributaries in the states.

5. Not possible to accurate data to illegal migrants center to SC

Subject : Polity

Section: Constitution

Context: Supreme Court is hearing petitions challenging the constitutional validity of Section 6A

More about the news:

The Indian government informed the Supreme Court that the entry of illegal immigrants into the country is clandestine and surreptitious, making it impossible to gather accurate data on their numbers.
Responding to the court’s direction seeking details on the estimated inflow of illegal migrants to Assam and other northeastern states after March 25, 1971, the government stated that between 2017 and 2022, 14,346 foreigners were deported due to reasons such as overstay, visa violation, and illegal entry.
The affidavit also mentioned the challenges and delays in border fencing, particularly in West Bengal, due to land acquisition issues and non-cooperation from the state government.
The matter is scheduled for a hearing in the Supreme Court on Tuesday.

What is Section 6A of the Citizenship Act, 1955:

Section 6A is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985 by the then Rajiv Gandhi government with the leaders of the Assam Movement to preserve and protect the Assamese culture, heritage, linguistic and social identity.
Under Section 6A, foreigners who had entered Assam before January 1, 1966, and been “ordinarily resident” in the State, would have all the rights and obligations of Indian citizens. Those who had entered the State between January 1, 1966 and March 25, 1971 would have the same rights and obligations except that they would not be able to vote for 10 years.

What was Assam accord:

The Assam Accord was signed in 1985 between the Union government and the All Assam Students’ Union at the end of a 6-year-long agitation against the influx of migrants from Bangladesh into the state.
It determines who is a foreigner in the state of Assam.
Clause 5 of the Assam Accord 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 regularization of those who arrived in the state after that date and up till March 24, 1971.

Some facts about National Register of Citizens (NRC)

National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village, showing the houses or holdings in a serial order and indicating against each house or holding the number and names of persons staying therein.
The NRC was published only once in 1951 and since then, it has not been updated until 2019.
The NRC of 1951 and the Electoral Roll of 1971 (up to midnight of 24 March 1971) are together called Legacy Data. Persons and their descendants whose names appeared in these documents are certified as Indian citizens.

6. Draft climate deal fails to ‘phase out’ fossil fuel

Subject: Environment

Section: Int Conventions

Context:

At the ongoing COP28 in Dubai, UAE, the draft climate deal did not ask countries for ‘phasing out’ coal but recommended to “rapidly phase down unabated coal,” that countries such as India, Indonesia and China — major consumers of coal power — could find objectionable.

Details:

There is a need to bring parity between coal, oil and gas, and the need to do away with them to keep temperature increase below 1.5°C by the end of the century.
It called for “reduce both consumption and production of fossil fuels, in a just, orderly and equitable manner so as to achieve net zero by, before, or around 2050 in keeping with the science.”
Burning fossil fuels (coal, oil, and natural gas) releases carbon dioxide (CO2) into the atmosphere, and CO2 is a GHG.
Industrial activities, transportation, and deforestation contribute to GHG emissions.
Burning of fossil fuel contributes nearly 80% of the greenhouse gas emissions of which coal makes up about 40% and oil and gas collectively constitute the rest.

Source: The Hindu

7. Hopes dashed as last HIV vaccine trial in Africa for this decade ends in failure

Subject : Science and Tech

Section: Health

Context:

A trial of a human immunodeficiency virus (HIV) vaccine in Africa has been stopped after preliminary data showed it was not effective in preventing infections.

PrEPVacc:

PrEPVacc is the study trial of Vaccine for HIV. Researchers were testing a new form of oral pre-exposure prophylaxis (PrEP), a drug that reduces the risk of getting HIV.
It was led by African researchers with support from European scientists.
Triel was done in Uganda, Tanzania and South Africa.
About 39 million people worldwide are living with HIV, with more than 25 million in sub-Saharan Africa, according to the JointUnited Nations Programme on HIV/AIDS (UNAIDS) and World Health Organization (WHO).

Joint United Nations Programme on HIV?AIDS (UNAIDS):

Established by ECOSOC resolution 1994/24 in 1994, UNAIDS officially launched in January 1996.
The aim of UNAIDS is to help mount and support an expanded response to HIV/AIDS, one that engages the efforts of many sectors and partners from government and civil society.
UNAIDS seeks to prevent the HIV/AIDS epidemic from becoming a severe pandemic.
UNAIDS is headquartered in Geneva, Switzerland, where it shares some site facilities with the World Health Organization.
It is a member of the United Nations Development Group.

Source: Down To Earth

8. SC upholds repeal of J&K’s special status

Subject : Polity

Section: Constitution

Context:

A Constitution Bench of the Supreme Court unanimously upheld the power of the President to abrogate special status of Jammu and Kashmir under Article 370 of the Constitution, leading to the reorganization of the full fledged State to two Union Territories and the removal of its privileges.

Key Highlights:

Court’s Ruling on J&K Sovereignty: The Court unanimously dismissed the claim that J&K retained sovereignty, emphasizing its integral status in the Indian Constitution.
Article 370’s Nature – Temporary or Permanent: Petitioners argued for permanence, but both CJI Chandrachud and Justice Kaul concurred that Article 370 was temporary.
Legality of Article 370 Abrogation: President’s 2019 order redefining the Constituent Assembly was upheld; CJI Chandrachud asserted post-dissolution, the President could unilaterally abrogate Article 370.
President’s Rule and Union’s Actions: The challenge focused on powers under Article 356; Court, citing Bommai ruling, stressed actions must not be mala fide or irrational.
Centre’s Supremacy Upheld: Here, interpreting Parliament’s powers, the Court indicated it could change a state’s status under President’s rule; J&K Reorganisation Bill was referred to Parliament during President’s rule.
Validation of Executive Orders: Applying Bommai standards, the Court emphasized proof of mala fides is necessary to challenge executive orders.

9. Caution by RBI on Loan Waiver Advertisements

Subject : Economy

Section: Monetary Policy

The Reserve Bank of India (RBI) issues a caution to the public.

Misleading Advertisements:
- RBI notices misleading ads on loan waiver offers in print and on social media.
- Entities actively promoting such campaigns.
Service Fee Scam:
- Reports of entities charging service or legal fees for issuing ‘debt waiver certificates’ without authority.
Undermining Banks’ Efforts:
- Individuals running campaigns undermining banks’ efforts to enforce rights over securities.
False Representation:
- Entities misrepresenting that dues to financial institutions need not be repaid.
Consequences:
- Such activities undermine financial institutions’ stability and depositors’ interests.
- Associating with such entities can result in direct financial losses.

Other Laws/Agencies to Curb Unfair Advertisements in India:

Advertising Standards Council of India (ASCI):

Self-regulatory voluntary organization founded in 1985.
Objective: Maintain and enhance public confidence in advertising.

Mandate:

Advertising material must be truthful, legal, and honest.
Must be decent, not objectify women.
Should be safe for consumers, especially children.
Should be fair to competitors.

Composition of ASCI:

Board of Governors:
- 12 members representing key sectors (Advertisers, advertising agencies, media, allied professions).
Consumer Complaints Council (CCC):
- Currently has about 21 members.
- 9 from the industry, 12 from civil society (doctors, lawyers, journalists, consumer activists, etc.).
- CCC’s decision on complaints is final.
Secretariat:
- Independent Secretariat with 5 members.
- Headed by the Secretary General.

Complaint Process:
- If an ad in India seems objectionable, a person can complain to ASCI.
- CCC deliberates on the complaint after due process for the advertiser to defend.
- Decision based on ASCI code and the law of the land.
- If upheld, the ad is voluntarily withdrawn or modified.
- Government amendment in 2007: Ads violating ASCI code not permitted on TV under Cable TV Network Rules’ Advertising Code.

Central Consumer Protection Authority (CCPA):

Establishment:
- Regulatory body founded in 2020 under the Consumer Protection Act, 2019.
- Works under the Ministry of Consumer Affairs.
Objectives:
- Promote, protect, and enforce consumer rights.
- Conduct investigations into consumer rights violations.
- Order recalls of unsafe goods, stop unfair trade practices, and prevent misleading advertisements.
- Impose penalties on those responsible for misleading ads.

Central Consumer Protection Authority Guidelines: Guidelines issued by CCPA in 2022 to prevent false or misleading advertisements.

Guidelines Overview:

Non-Misleading Advertisements: Advertisements must contain true and honest representations without exaggeration. Even unintentional lapses are acceptable if promptly communicated to consumers.
Surrogate Advertisements: Prohibits surrogate or indirect ads for goods or services restricted by law.
Advertisements Targeting Children: Prohibits ads that condone, encourage, or exploit behavior dangerous for children. Aims to prevent influencing children’s buying behavior negatively.
Disclaimers in Advertisements: Introduction of disclaimers to clarify claims, make qualifications, or resolve ambiguities. Advertisers must not hide material information likely to make the ad deceptive.
Duties Imposed: Manufacturers, service providers, and advertising agencies: Should not make claims or comparisons related to objectively ascertainable facts and advertisements must gain consumer trust and avoid exploiting their lack of experience or knowledge.

Cable Television Networks (Regulation) Act: Regulates content on cable TV, prohibiting misleading, indecent, or offensive ads.

Consumer Protection Act: Provides legal recourse for consumers affected by unfair advertising practices. And Allows consumers to file complaints against companies and seek compensation.

Drugs and Magic Remedies (Objectionable Advertisements) Act: Prohibits advertising drugs or remedies claiming miraculous or supernatural properties.

Food Safety and Standards Act: Regulates advertising of food products, prohibiting false claims about nutritional value.

Press Council Act: Regulates ad content in newspapers, prohibiting false, misleading, or offensive advertisements.

Facts for Prelims

What are Dark Patterns?

Deceptive design techniques in user interfaces to manipulate or deceive users online.
Unethical designs exploiting cognitive biases and behaviors for the benefit of the platform or business.
Types include urgency, basket sneaking, confirm shaming, forced action, nagging, subscription traps, etc.

How Companies Use Dark Patterns: Social media and Big Tech firms like Apple, Amazon, Google use dark patterns for their advantage. Examples include Amazon’s confusing cancellation process, YouTube’s pop-ups for YouTube Premium, and LinkedIn’s unsolicited messages.

Basket Sneaking –

Sneaking products into users’ shopping baskets to trick them into purchasing more than intended. Il-legalized by the European Commission under the consumer rights directive.

Confirm Shaming –

A manipulative tactic in UI design or online interactions using guilt or social pressure. Occurs when users are presented with a choice, and emotionally manipulative language induces guilt or embarrassment for declining or opting out.

Surrogate Advertising:

Marketing technique indirectly promoting products or services restricted from direct advertising and common in industries like alcohol, tobacco, and gambling with strict advertising regulations. Example: Alcohol brand advertises mineral water with the same logo to create brand awareness without mentioning the alcohol product.

10. In last 9 years, PSBs have not recovered even ₹1 vs ₹5 written off: FinMin in LS

Subject : Economy

Section: Monetary Policy

Against an aggregate loan write-off of Rs 10.42 lakh crore, PSBs have recovered just Rs 1.61 lakh crore from written-off loans, since financial year 2014-15
PSBs could not recover even Re 1 as against Rs 5 written-off during nine fiscal years starting 2014-15.
The recovered amount is 15.45 per cent of the total written-off amount during the said period.
Though the government maintains that a write-off does not mean loan waiver, banking industry sources say considering the hair cut ratio after a compromise or long-drawn legal battle, actual recovery from written-off accounts is low and the latest data proves that.
According to RBI guidelines and the policy approved by bank boards, NPAs, including those in respect of which full provisioning has been made on completion of four years, are removed from the balance-sheet of the bank concerned by way of a write-off.
Such write-offs do not result in waiver of liabilities of borrowers to repay.
Further, the process of recovery of dues from the borrower in written-off loan accounts continues, write-off does not benefit the borrower.
Recovery from written-off accounts are initiated through various mechanisms, including filing of civil suits or in the Debts Recovery Tribunals, action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, filing of cases in the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016, through negotiated settlement/ compromise, and sale of non-performing assets.
Government does not spend any amount on write-offs of corporate loans,
The Minister did not name individual borrowers whose accounts have been written off citing the RBI Act.
Banks can also negotiate settlements or compromise or even sell non-performing assets. Further, in line with the RBI’s Framework for Compromise Settlements and Technical Write-offs on June 8, 2023, compromise settlements are undertaken by lenders in respect of wilful defaulters without prejudice to criminal proceedings underway against such debtors, he said.