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Daily Prelims Notes 15 December 2020

  • December 15, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN
No Comments

 

 

Table Of Contents

  1. HIMGIRI
  2. BREACH OF PRIVILEGE
  3. POSTAL VOTING
  4. MUCORMYCOSIS FUNGUS
  5. MONSOON DROUGHTS
  6. FUEL PRICING
  7. SURGERY IN AYURVEDA
  8. MPLADS
  9. ARTEMIS ACCORD
  10. FIVE EYES ALLIANCE
  11. FORCED CONFESSIONS
  12. UAPA
  13. NPCDCS
  14. HEADLINE AND CORE INFLATION
  15. DEVELOPMENT PROJECTS IN KUTCH REGION
  16. VACCINE DISTRIBUTUION POLICY
  17. NATIONAL EMERGENCY

 

1. HIMGIRI

Subject: Defence

Context: ‘Himgiri’, the first of the three Project 17A ships being built at M/s Garden Reach Shipbuilders and Engineers Limited (GRSE), Kolkata was launched.

Concept:

  • The ship has taken its name and crest of the second Frigate of the Leander Class of ships, which incidentally was launched 50 years ago in 1970.
  • Under the Project 17A program, a total of seven ships, four at Mazagon Dock Shipbuilders Limited (MDL) and three ships at GRSE are being built with enhanced stealth features, advanced indigenous weapon and sensor fit along with several other improvements.
  • P17A ships are the first gas turbine propulsion and largest combat platforms ever built at GRSE.
  • P17A ships have been indigenously designed by Directorate of Naval Design (Surface Ship Design Group) – DND(SSG), and are being built at indigenous yards namely MDL and GRSE.

2. BREACH OF PRIVILEGE

Subject: Polity

Context: Maharashtra legislator submitted a letter to the state legislature secretariat seeking admission of his breach of privilege notice against print and electronic media outlets for defaming him.

Concept:

  • Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can effectively discharge their functions.
  • Parliamentary privileges are defined in Article 105 of the Indian Constitution and those of State legislatures in Article 194.
  • When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
  • Besides, Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.

Privileges of Parliamentarians:

  • Freedom of Speech: According to the Indian Constitution, the members of Parliament enjoy freedom of speech and expression. No member can be taken to task anywhere outside the four walls of the House (e.g. court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees.
  • Freedom from Arrest:It is understood that no member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session.
  • It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs.
  • Exemption from attendance as witnesses:The members of Parliament also enjoy freedom from attendance as witnesses.

Privileges of Parliament:

   Right to publish debates and proceedings:

  • Though by convention, the Parliament does not prohibit the press to publish its proceedings, yet technically the House has every such right to forbid such publication.
  • Again, while a member has the privilege of freedom of speech in Parliament, he has no right to publish it outside Parliament.
  • Anyone violating this rule can be held responsible for any libellous matter it may contain under the common law rules.

Right to exclude strangers:

  • ach house of Parliament enjoys the right to exclude strangers (no-members or visitors) from the galleries at any time and to resolve to debate with closed doors.

Right to punish members and outsiders for breach of its privileges:

  • In India, the Parliament has been given punitive powers to punish those who are adjudged guilty of contempt of the House.
  • Such contempt can be committed by the members of any House or any outsider. When a member of the House is involved for parliamentary misbehaviour or commits contempt he can be expelled from the House.

Right to regulate the internal affairs of the House:

  • The House has the right to regulate its internal affairs. A member of the House is free to say whatever he likes subject only to the internal discipline of the House or the Committee concerned.

   Privileges committee

  • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
  • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report. The Speaker may then pass final orders or direct that the report be tabled before the House.
  • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed. In the Rajya Sabha, the deputy chairperson heads the committee of privileges, that consists of 10 members.

3. POSTAL VOTING

Subject: Governance

Context  : The Election Commission’s (EC) proposal to grant postal voting rights to Non-Resident Indians (NRIs) may get implemented first for voters based in the US, Canada, New Zealand, Japan, Australia, Germany, France and South Africa.

Concept:

  • A restricted set of voters can exercise postal voting. Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.
  • Ballot papers are distributed electronically to electors and are returned to the election officers via post.

  People who can avail this facility at present

  • Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post.
  • The exception to the above-mentioned category of voters is provided under Section 60 of the Representation of the People Act, 1951.

  Representation of the People Act, 1951:

  • This act provides for the actual conduct of elections in India. It deals with the following matters:
  • Details like Qualification and Disqualification of members of both the Houses of Parliament and the State Legislatures,
  • Administrative machinery for conducting elections,
  • Registration of Political parties,
  • Conduct of Elections,
  • Election Disputes,
  • Corrupt practices & Electoral offences, &
  • By-elections.

4. MUCORMYCOSIS FUNGUS

Subject: Science

Context: In another shocking discovery related to the post-COVID-19 recovery, ENT surgeons in Delhi have come across over 12 cases of coronavirus-triggered deadly Mucormycosis fungal infection, within the last 15 days.

Concept:

  • Mucormycosis (previously called zygomycosis) is a serious but rare fungal infection caused by a group of molds called mucormycetes.
  • These molds live throughout the environment. Mucormycosis mainly affects people who have health problems or take medicines that lower the body’s ability to fight germs and sickness.
  • It most commonly affects the sinuses or the lungs after inhaling fungal spores from the air, or the skin after the fungus enters the skin through a cut, burn, or other type of skin injury. However, it can occur in nearly any part of the body.
  • Mucormycosis is a serious infection and needs to be treated with prescription antifungal medicine, usually amphotericin B, posaconazole, or isavuconazole.

5. MONSOON DROUGHTS

Subject: Geography

Context: A team of researchers from the Indian Institute of Science and Cotton University has found that some droughts during monsoon season in India are due to unique North Atlantic disturbance.

Concept:

  • Previous research has shown that El Niño events almost always lead to dry monsoon seasons, but not all dry seasons are due to El Niño events. In this new effort, the researchers sought to learn more about other events that might impact monsoon season rains.
  • They found that nearly half (10 out of 23) of all droughts in India over the past century did not occur in El Niño years. They also found that in years when there were droughts unrelated to El Niño, there were unique atmospheric disturbances in the North Atlantic Ocean.
  • These disturbances, they also found, resulted in the development of currents that disturbed the factors that normally lead to the heavy rains typically associated with monsoon season in South Asia.
  • The researchers found that the North Atlantic Ocean disturbances tend to coincide with the sudden drop in rainfall in mid-August.
  • During an El Niño year, the rainfall deficit — departure fromdeparture from a long-term average — sets in early around month of June and becomes progressively worse.
    However, the drought during non-Elnino year when analyzed together also seemed to follow a common pattern. First, there was a moderate slump in June. Then , during mid-July to mid – august – the peak season monsoon showed signs of recovery and rainfall amount increased., However , around third week of August rainfall again declined steeply.
  • They were not able to explain the nature of such disturbances, however, except to note that they involved winds from the upper atmosphere mixing with cyclonic circulation over the cold water of the North Atlantic.
  • The resulting wave of air currents, called a Rossby wave, curved down from the North Atlantic — squeezed in by the Tibeteanplateau — and hit the Indian subcontinent around mid-August, and hit the Indian subcontinent around mid-August, suppressing of rainfall and throwing off the monsoon that was trying to recover from the June slump.

6. FUEL PRICING

Subject: Economy

Concept:

Fuel pricing mechanism

  • The Indian basket of crude oil represents a derived basket comprising Sour Grade (Oman and Dubai average) and Sweet Grade (UK based) of crude oil processed in Indian refineries.
  • Prices of petrol and diesel have been made market-determined effective June 2010 and October 2014 respectively.
  • Since then, the Public Sector Oil Marketing Companies (OMCs) are supposed to take appropriate decisions on the pricing of petrol and diesel.
  • It must be in line with international product prices and other market conditions such as exchange rate and the demand-supply situation, among others.
  • From June 2017 dynamic daily pricing is being followed.

Determining factors of fuel costs

  • Market factors -The price is determined by the movement of crude oil price (the main raw material), the rupee/dollar exchange rate and demand-supply situation in the market.
  • Excise duty-There was a series of excise duty hikes in the second half of 2015 and the initial months of 2016 on both petrol and diesel to help shore up finances.
  • This has helped the Centre realise higher central excise duties will fetch higher revenues.
  • Oil companies –Oil companies have the pricing freedom and Government has no business interfering in the day-to-day affairs of the companies.
  • At many instance companies buy crude oil at high price and they sell it for low price due to market trends, to match this losses they hike the prices.

7. SURGERY IN AYURVEDA

Subject: Science

Concept:

  • Ayurveda practitioners are trained in surgeries, and do perform them.
  • In fact, they take pride in the fact that their methods and practices trace their origins to Sushruta, an ancient Indian sage and physician.
  • Sushruta’s comprehensive medical treatise Sushruta Samhita makes descriptions of illnesses and cures.
  • It also has detailed accounts of surgical procedures and instruments.
  • There are two branches of surgery in Ayurveda:
  • Shalya Tantra refers to general surgery
  • Shalakya Tantra pertains to surgeries related to the eyes, ears, nose, throat and teeth.

Sushruta

  • He is from Banaras, (time period he existed is not clear
  • Known as father of Indian medicine and first plastic surgeon of the world. Greeks called him Sucruta.
  • Studied human anatomy in great detail.
  • Wrote the oldest treatise on surgery – Sushrut Samhita. It has details about surgical instruments, surgery procedures like rhinoplasty , usage of anesthesia etc.
  • Emphasized the importance of balancing theoretical knowledge with practical experience.

8. MPLADS

Subject: Govt Schemes

Context : At a meeting of the standing committee on MP Local Area Development (MPLAD) funds of the Rajya Sabha headed by Deputy Chairman , members of all parties unanimously asked the government to release funds for the projects sanctioned in 2018 and 2019, which were under way before the funds were suspended due the COVID-19 pandemic.

     Concept:

  • The MPLADS is a Plan Scheme fully funded by Government of India. The annual MPLADS fund entitlement per MP constituency is Rs. 5 crore.
  • MPs are to recommend every year, works costing at least 15 per cent of the MPLADS entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 per cent for areas inhabited by S.T. population.

Works under the scheme:

  • Works, developmental in nature, based on locally felt needs and always available for the use of the public at large, are eligible under the scheme. Preference under the scheme is given to works relating to national priorities, such as provision of drinking water, public health, education, sanitation, roads, etc.

   Release of Funds:

  • Funds are released in the form of grants in-aid directly to the district authorities.
  • The funds released under the scheme are non-lapsable.
  • The liability of funds not released in a particular year is carried forward to the subsequent years, subject to eligibility.

Execution of works:

  • The MPs have a recommendatory role under the scheme. They recommend their choice of works to the concerned district authorities who implement these works by following the established procedures of the concerned state government.
  • The district authority is empowered to examine the eligibility of works sanction funds and select the implementing agencies, prioritise works, supervise overall execution, and monitor the scheme at the ground level.

Recommendation of works:

  • The Lok Sabha Members can recommend works in their respective constituencies.
  • The elected members of the Rajya Sabha can recommend works anywhere in the state from which they are elected.
  • Nominated members of the Lok Sabha and Rajya Sabha may select works for implementation anywhere in the country.

9. ARTEMIS ACCORD

Subject: Science & tech

Context: NASA Administrator Jim Bridenstine and the Government of Brazil Minister of Science, Technology, and Innovation (MCTI) Marcos Pontes signed a joint statement of intent.

Concept:

  • The statement describes Brazil’s intention to be the first country in South America to sign the Artemis Accords.
  • Brazil has expressed interest in potentially contributing a robotic lunar rover – in addition to conducting lunar science experiments and other investigations – as part of NASA’s Artemis program.

Artemis Mission

  • Artemis– Acceleration, Reconnection, Turbulence and Electrodynamics of Moon’s Interaction with the Sun. It is NASA’s next mission to the Moon.
  • Objective: To measure what happens when the Sun’s radiation hits our rocky moon, where there is no magnetic field to protect it. Artemis was the twin sister of Apollo and goddess of the Moon in Greek mythology.
  • With the Artemis program, NASA will land the first woman and next man on the Moon by 2024.

Mission details:

  • NASA’s powerful new rocket, the Space Launch System (SLS), will send astronauts aboard the Orion spacecraft nearly a quarter million miles from Earth to lunar orbit.
  • Astronauts will dock Orion at the Gateway and transfer to a human landing system for expeditions to the surface of the Moon.
  • They will return to the orbital outpost to board Orion again before returning safely to Earth.

Artemis 1, 2:

  • The agency will fly two missions around the Moon to test its deep space exploration systems.
  • NASA is working toward launching Artemis I, an uncrewed flight to test the SLS and Orion spacecraft together, followed by the Artemis II mission, the first SLS and Orion test flight with crew.
  • NASA will land astronauts on the Moon by 2024 on the Artemis III mission and about once a year thereafter.

  Scientific objectives:

  • Find and use water and other critical resources needed for long-term exploration.
  • Investigate the Moon’s mysteries and learn more about our home planet and the universe.
  • Learn how to live and operate on the surface of another celestial body where astronauts are just three days from home.
  • Prove the technologies we need before sending astronauts on missions to Mars, which can take up to three years roundtrip.

10. FIVE EYES ALLIANCE

Subject: International Relations

Context: Five Eyes alliance issued a joint statement in this regard after China imposed national security law in Hong Kong and postponed its Legislative Council Election.

Concept:

  • The Five Eyes (FVEY) is an intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom and the United States.
  • The origins of the Five Eyes alliance can be traced back to the Atlantic Charter, which was issued in August 1941 to lay out the Allied goals for the post-war world.
  • These countries are parties to the multilateral UK-USA Agreement, a treaty for joint cooperation in signals intelligence.
  • India is among seven countries to back a UK-led campaign against end-to-end encryption of messages by social media giants such as Facebook, which they say hinder law enforcement by blocking all access to them.
  • The UK and India joined this group to ensure they do not blind themselves to illegal activity on their platforms, including child abuse images.
  • This marks an expansion of the so-called “Five Eyes” group of nations, a global alliance on intelligence issues, to include India and Japan.

Common Cause

  • All members claim that end-to-end encryption policies such as those employed by the social media giant erode the public’s safety online.
  • They have made it clear that when end-to-end encryption is applied with no access to content, it severely undermines the ability of companies to take action against illegal activity on their own platforms.
  • It also prevents law enforcement investigating and prosecuting the most serious crimes being committed on these services such as online child sexual abuse, grooming and terrorist content.

11. FORCED CONFESSIONS

Subject: Social Issue

Context: The Supreme Court on Monday issued notice on a petition challenging the alleged practice of mandatory and forced confessions in Kerala’s Malankara Orthodox Syrian Church.

Concept:

  • The petition raises the question of whether mandatory sacramental confession before priests violates Articles 21 (personal liberty) and 25 (freedom of religion) of the Constitution.

Article 21:

  • “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • This fundamental right is available to every person, citizens and foreigners alike.
  • Article 21 provides two rights:

Right to life

Right to personal liberty

  • The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
  • The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
  • The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.
  • Any private individual encroaching on these rights of another individual does not amount to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226 or under general law.
  • The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning.
  • The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law.

Article 25:

  • Freedom of Conscience and Free Profession, Practice and Propagation of Religion
  • Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.

Implications:

  • Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
  • Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
  • Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
  • Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.

Scope:

  • Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).
  • Moreover, these rights are available to all persons—citizens as well as non-citizens.

Restrictions:

  • These rights are subject to public order, morality, health and other provisions relating to fundamental rights.
  • The State is permitted to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.

12. UAPA

Subject: National Legislations

Context: Kalita is facing trial in a Northeast delhi riots case where the stringent Unlawful Activities Prevention Act (UAPA) has been invoked against her over charges that she was part of a conspiracy that led to the riots.

Concept:

Unlawful Activities (Prevention) Act:

  • Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
  • The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
  • It has death penalty and life imprisonment as highest punishments.
  • Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
  • Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

Amendments and changes:

  • The 2004 amendment, added “terrorist act” to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.
  • In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.
  • The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
  • The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

13. NPCDCS

Subject: Govt schemes

Concept:

  • National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS) was launched in 2010 in 100 districts across 21 States, in order to prevent and control the major NCDs.
  • The main focus of the programme is on health promotion, early diagnosis, management and referral of cases, besides strengthening the infrastructure and capacity building.

Main strategies of the programme:

  • Health promotion through behavior change with involvement of community, civil society, community-based organizations, media etc.
  • Outreach Camps are envisaged for opportunistic screening at all levels in the health care delivery system from sub-centre and above for early detection of diabetes, hypertension and common cancers.
  • Management of chronic Non-Communicable diseases, especially Cancer, Diabetes, CVDs and Stroke through early diagnosis, treatment and follow up through setting up of NCD clinics.
  • Build capacity at various levels of health care for prevention, early diagnosis, treatment, IEC/BCC, operational research and rehabilitation.
  • Provide support for diagnosis and cost-effective treatment at primary, secondary and tertiary levels of health care.
  • Provide support for development of database of NCDs through a robust Surveillance System and to monitor NCD morbidity, mortality and risk factors.

Funding:

  • The funds are being provided to States under NCD Flexi-Pool through State PIPs of respective States/UTs, with the Centre to State share in ratio of 60:40 (except for North-Eastern and Hilly States, where the share is 90:10).

NCDs:

  • No communicable diseases (NCDs), also known as chronic diseases, tend to be of long duration and are the result of a combination of genetic, physiological, environmental and behaviours factors.
  • The main types of NCDs are cardiovascular diseases (like heart attacks and stroke), cancers, chronic respiratory diseases (such as chronic obstructive pulmonary disease and asthma) and diabetes.

14. HEADLINE AND CORE INFLATION

Subject: Economics

Context: Softening prices of food items like cereals, fruits and milk pulled down retail inflation to 6.93 percent in November, though it remained above the comfort level of the Reserve Bank of India.

Concept:

Headline Inflation

  • Headline inflation is the raw inflation figure reported through the Consumer Price Index (CPI) that is released monthly by the Bureau of Labor Statistics.
  • Headline inflation is not adjusted to remove highly volatile figures, including those that can shift regardless of economic conditions.
  • Headline inflation is often closely related to shifts in the cost of living, which provides useful information to consumers within the marketplace.
  • The headline figure is not adjusted for seasonality or for the often-volatile elements of food and energy prices, which are removed in the core Consumer Price Index (CPI).

Core Inflation

  • Core inflation is the change in the costs of goods and services but does not include those from the food and energy sectors.
  • This measure of inflation excludes these items because their prices are much more volatile.
  • It is most often calculated using the consumer price index (CPI), which is a measure of prices for goods and services.

15. DEVELOPMENT PROJECTS IN KUTCH REGION

Subject: Economy

Context: Prime Minister Narendra Modi will visit Gujarat to lay foundation stones for several development projects in the state.

Concept:

Hybrid Renewable Energy Park:

  • Hybrid Renewable Energy Park is world’s biggest Renewable Energy Park, being set up close to Indo Pak border, near Khavda village in Kutch district.
  • It will produce 30 Giga watt solar and wind energy on a vast expanse of waste land situated beyond India bridge from Khavda village to Vighakot, where civilian access is not permitted and area is controlled by BSF and Indian Army.

Desalination plant:

  • The PM will also lay foundation stone virtually for a desalination plant coming up at Gundiyali village near Mandvi in Kutch district. This plant aims to convert sea water for potable purposes for a population 8 lakh of 300 villages.
  • The desalination plant assumes great importance for Kutch peninsula which is perennial rain-deficit area with no other source of water.

Fully automated milk processing of Sarhad dairy:

  • Prime Minister Modi will also lay foundation stone, virtually, for 130 crore rupees milk processing plant of Sarhad dairy, an apex dairy cooperative entity.
  • This massive 2 lakh litre per day milk processing and packaging facility will come up under RashtriyaKisanVikas Yojna.

16. VACCINE DISTRIBUTUION POLICY

Subject: Governance

Context: The Centre has asked states to utilize data generated at the district level during screening for Non-Communicable Diseases (NCDs) to identify a priority group that is expected to receive Covid vaccinations early next year: those below the age of 50 with comorbidities.

Concept:

  • A high-level expert group co-chaired by Member, NITI Aayog, and Union Health Secretary Rajesh Bhushan, recommended three groups to be simultaneously vaccinated on priority depending on availability of vaccine:
  • 1 crore health care workers; 2 crore frontline workers, including police and armed forces; and, about 27 crore above the age of 50 and those less than 50 years with comorbidities
  • The basic document for identification will be the electoral roll, which will provide states with age details of beneficiaries.
  • The states will superimpose this basic document with the NCD screenings that they have conducted.
  • The states can also create their own mechanisms, as health is a subject of the state.

17. NATIONAL EMERGENCY

Subject: Polity

Context: The Supreme Court agreed to consider whether it is “feasible or desirable” to examine the validity of the proclamation of Emergency by the government of Prime Minister Indira Gandhi 45 years ago in 1975.

Concept:

  • This can be declared due to war / external aggression [external emergency] or armed rebellion [internal emergency]. A proclamation can be issued by the president for different grounds. It can be issued when an already existing proclamation is in force too.
  • It can apply to entire country or a part.
  • It can be declared even before an actual occurrence if president is satisfied of imminent threat.
  • The president can declare this only after written recommendation of the entire cabinet.
  • A proclamation can be subject to judicial review.
  • A proclamation must be approved by both houses within one month by a special majority. This extends the life of emergency by six months at a time. This can be done infinite times.
  • If Lok Sabha is dissolved then the approval of proclamation or extension of its life can be done by Rajya Sabha. The proclamation survives till 30 days after first sitting of the newly reconstituted Lok Sabha.
  • A proclamation can be revoked by president anytime [this doesn’t need parliament ratification]. Also Lok Sabha can force a revocation by disapproving it with a simple majority. Thus Rajya Sabha has no role in revocation.

Effects of national emergency:

  • Centre can issue executive directions to states on any matters. However state governments aren’t suspended.
  • Parliament can make laws on matters in the state list. If parliament isn’t in session president can pass ordinances on state list matters.
  • Parliament can also confer powers and duties on center and its authorities to carry out tasks under its extended jurisdiction.
  • Such legislative actions become inoperative within 6 months of the emergency ceasing to operate. Such laws apply even to states where the emergency isn’t imposed.
  • President can modify distribution of revenues between centre and states till the end of financial year when emergency is over. Such orders have to be laid before parliament.
  • Parliament by law can extend term of Lok Sabha and state legislative assembly by 1 year at a time [any number of times]. This becomes inoperable by the end of 6 months of emergency ending.
  • Under article 358, all fundamental rights under Article 19 i.e. Right to Freedom, are automatically suspended when a proclamation of national emergency on external grounds [not armed rebellion] is declared. This action applies to whole country not a part.
  • Any law can be passed that violates these rights but not any other, such a law can’t be invalidated till the emergency is operative. Any action as per laws also remains above judicial remedy even after emergency is revoked.
  • Under article 359 a presidential order can be passed disallowing people from seeking judicial remedy to enforce other fundamental rights i.e. article 14-32 that are specified in that order [ except article 20&21: right to life and liberty] for a specific period only.
  • The rights remain in force but right to seek remedy is suspended. The state can make laws abridging the fundamental rights mentioned in the order such laws can’t be challenged in court.
  • Any executive action under such laws is also protected. Presidential order has to be approved by both houses. Article 359 is available even during national emergency on armed rebellion. The presidential order can apply to whole country or a part.
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