Daily Prelims Notes 15 December 2023

December 15, 2023
Posted by: OptimizeIAS Team
Category: DPN

No Comments

Daily Prelims Notes

15 December 2023

Table Of Contents

1. Asymmetric federalism

Subject: Polity

Section: Federalism

Context: Recent SC judgement on Art 370

Constitutionally, India’s governance structure is quasi-federal. While in a unitary setup, the power to legislate is concentrated in the Centre, in a federal structure, the units that form the federation have varying degrees of autonomy and powers to conduct their affairs.
In the Indian context, while states do have autonomy, the Constitution tilts towards the Centre on certain areas, thus making it quasi-federal. The Seventh Schedule of the
Constitution contains the Union, State and Concurrent lists that prescribe subjects that the Centre and states are empowered to legislate upon. For those in the concurrent list—which both the Centre and state can legislate upon— the Union law would prevail in case of a conflict between the law made by Parliament and the state legislature.
However, even in this quasi-federal structure that leans more towards the Centre, not all states are equal. India’s plurality necessitates such an arrangement and the Constitution provides for differentiated equality for states depending on various factors, ranging from the fiscal, political and the administrative. However, an argument is made against asymmetric federalism, that the so-called special statuses sow seeds of regionalism and separatism and that it impacts ‘national integration.’
The term asymmetrical federalism refers to “differences in the status of legislative or executive powers assigned by the constitution to different regional units”.
It is a flexible type of union of states which allows the government to cut different deals with different states in special matters pertaining to them.
This method allows the government to grant special status to some units providing them with special powers not enjoyed by other states. Asymmetry involves providing greater autonomy to some states when compared with others.
It permits particular states to have greater executive, legislative, and at times, judicial powers than other states.

Why asymmetric federalism?

To address specific local, historical and geographical contexts.

Besides the Centre and the States, the country has Union Territories with a legislature, and Union Territories without a legislature.

How does it plays out in India?

Case Study 1 : UTs

Puducherry and Delhi have legislatures, while the other territories under the Centre do not have legislatures or a ministerial council to advise the administrator. Even between Puducherry and Delhi, there is a notable difference.

Puducherry has legislative powers on any matter mentioned in the State List or the Concurrent List, insofar as it applies to the Union Territory. Delhi, which has the same field, has three further exceptions: police, land and public order are outside its purview. However, Parliament has overriding powers over any law made by the Assembly in the Union Territories.

Puducherry has one more unique feature. Despite being a single administrative unit, the Union Territory is ‘non-contiguous’. That is, its territory is not limited to one extent of land. Besides Puducherry and its adjoining areas, it has enclaves located within other States: Karaikal (within Tamil Nadu) Yanam (within Andhra Pradesh) and Mahe (within Kerala).

Case Study 2: Article 370 (Now amended)

The foremost example of asymmetry among Centre-State ties was in the way J&K related to India until August 6, 2019, the day the President declared that its special status ceased to be operative. Under Article 370, the State was allowed to have its own Constitution, its own definition of ‘permanent residents’, the right to bar outsiders from holding property, and the privilege of not having any Indian law automatically applicable to its territory. Indian laws had to be specifically permitted by its Assembly before it could operate there. It was allowed to have its own Penal and Criminal Procedure Codes. The President was empowered to notify, from time to time, the provisions of the Constitution that could be extended to the State, with or without modifications

Case Study 3: Article 371

The ‘special provisions’ applicable to some other States are mainly in the form of empowering the Governors to discharge some special responsibilities. These States are Maharashtra, Gujarat, Manipur, Nagaland, Sikkim and Arunachal Pradesh. The common feature is that wherever Governors have been asked to discharge special responsibilities, their discretionary power overrides the process of consultation with the respective Council of Ministers.
Article 371 says the Governor of Maharashtra has a special responsibility to establish separate development boards for Vidarbha, Marathwada, and the rest of the State, while the Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch and the rest of Gujarat. The responsibilities cover equitable allocation of funds for development expenditure, and providing facilities for technical education and vocational training.
Article 371A confers special status on Nagaland. Under this provision, no law made by Parliament in relation to Naga customary law and procedure, including civil and criminal justice matters, and ownership or transfer of land and resources will apply to Nagaland, unless the Legislative Assembly of Nagaland decides so. The protection of Naga laws and customs was written into the Constitution following the July 1960 agreement between the Centre and the Naga People’s Convention, under which the State was later created. Further, the Governor of Nagaland has a ‘special responsibility’ regarding law and order in the State.
Article 371B contained a special provision for Assam under which a committee of legislators from the tribal areas was formed to look after their interest. The tribal areas later became Meghalaya State.
Under Article 371C, the Hill Areas of Manipur ought to have a committee of legislators. The Governor has a special responsibility to make an annual report to the President on the administration of the Hill Areas. The Centre is empowered to give directions to the State as far as these areas were concerned.
Article 371D is a detailed provision under which the President can pass an order to provide equitable opportunities and facilities to people belonging to different parts of Andhra Pradesh in public employment and education. In particular, the President can create local cadres in various classes of employment and allot civil posts to specified local cadres only. The President can specify any part of the State as a ‘local area’ for this purpose. To give effect to this arrangement, an Administrative Tribunal has been set up. No court, other than the Supreme Court, has any power of superintendence over this tribunal.
Article 371F incorporated special provisions after the addition of Sikkim to India. One major objective was to grant protection to existing laws in Sikkim so that they are not declared unconstitutional after being brought under the Constitution of India.
Article 371G contains special provisions to preserve the religious and social practices of Mizos in Mizoram and their customary law and procedure and administration of criminal and civil justice, besides ownership of land.
Article 371H vests a special responsibility on the Governor of Arunachal Pradesh with respect to law and order. It makes clear that the Governor shall discharge this function after consulting the Council of Ministers, but exercise his individual judgment as to the action taken.

Case Study 4: Sixth Schedule

There is another significant tier of administration under the larger framework of asymmetric federalism.
The Sixth Schedule to the Constitution contains provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram. These create autonomous districts and autonomous regions.
Any autonomous district with different Scheduled Tribes will be divided into autonomous regions. These will be administered by District Councils and Regional Councils. These Councils can make laws with respect to allotment, occupation and use of land, management of forests other than reserve forests and water courses. Besides they can regulate social customs, marriage and divorce and property issues.
In Assam, the Karbi-Anglong Autonomous Council, Dima Hasao Autonomous District Council and the Bodoland Territorial Council have been set up under the Sixth Schedule. Another six autonomous councils have been formed by Acts of the legislature.
Ladakh has two autonomous hill development councils (Leh and Kargil). The Darjeeling Gorkha Hill Council is in West Bengal.

2. Allahabad High Court allows survey of Mathura’s Shahi Idgah mosque

Subject : Polity

Section: Judiciary

Context:

On December 14, the Allahabad High Court allowed an application for the inspection of the Shahi Idgah mosque complex, reigniting the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
Hindu petitioners assert that the mosque, constructed by Emperor Aurangzeb in 1670, was built over Lord Krishna’s birthplace in Mathura. The mosque is adjacent to the Krishna Janmasthal Temple, a significant pilgrimage site.

Latest Legal Plea on Sri Krishna Janmabhoomi:

Nature of the Application: The application is part of a petition initiated by eight individuals including the “next friend” of Bhagwan Shree Krishna Virajman.
Survey Approval: Allahabad High Court approved the survey of the Shahi Idgah mosque on December 14.
Petition’s Demands: The petitioners seek the removal of structures allegedly encroaching on the disputed land by the UP Sunni Central Waqf Board and the mosque committee, and the transfer of this land to the Shree Krishna Janmbhoomi Trust.
Challenge to the 1968 Agreement: The plea contests the legality of a compromise agreement dated October 12, 1968, between the Shri Krishna Janmasthan Seva Sansthan and the Trust Shahi Masjid Idgah.

Historical context and Claims

Aurangzeb’s Alleged Demolition: The Hindu petition cites historical records, claiming Aurangzeb ordered the demolition of Hindu temples, including one at Lord Krishna’s birthplace, to construct the Idgah Mosque in 1669-70.
Reference to Official Records: The petition mentions the Official Court Bulletin (Akhbaraat) from January to February 1670 as evidence of Aurangzeb’s orders.

Counterclaims by the Muslim Side

Legal Arguments: Representatives of the UP Sunni Central Waqf Board and the mosque committee argue in the High Court that the mosque does not fall within the disputed 13.37 acres and dispute the location of Krishna’s birthplace.
Challenging the Hindu Claims: They assert that the Hindu claims are based on speculation and lack documentary evidence.

Historical Ownership and Management

Land Ownership Changes: The site, originally nazul land, was auctioned by the East India Company in 1815 to Raja Patni Mal of Benaras.
Subsequent Transactions: The land was later sold to Jugal Kishore Birla, and the ownership rights were transferred to the Shri Krishna Janmabhoomi Trust, established by Birla.
Temple Management: In 1956, the Shri Krishna Janmasthan Sewa Sangh, later renamed as Sansthan, was established for temple management.

Similarities with the Gyanvapi Case

Similar Legal Proceedings: The Mathura case is comparable to the Gyanvapi Mosque dispute in Varanasi, where a court-ordered survey led to the discovery of a structure claimed as a “shivling” by Hindus and a “fountain” by Muslims.
Archaeological Surveys and Legal Challenges: The Varanasi district court’s order for a scientific survey of the Gyanvapi mosque and the subsequent legal hurdles reflect similar developments in the Mathura case.

3. ‘Logistics costs drop to 7.8%8.9% of GDP’

Subject :Economy

Section: Infrastructure

Context:

India’s logistic costs ranged between 7.8% and 8.9% during 2021-22, down from 8.7-9.9% during 2011-12, according to a report by economic think tank National Council of Applied Economic Research (NCAER) and the Department for Promotion of Industry and Internal Trade (DPIIT).

What Aspects Led to India’s Improved Logistics Performance?

Policy Interventions:
- PM Gati Shakti Initiative: In October 2021, government announced the PM Gati Shakti initiative, a National Master Plan for multimodal connectivity.
- This initiative aims to reduce logistics costs and boost the economy by 2024-25.
- National Logistics Policy (NLP): The PM launched the National Logistics Policy (NLP) in 2022 to ensure quick last-mile delivery, end transport-related challenges, save time and money for the manufacturing sector and ensure desired speed in the logistics sector.
- These policy interventions are fructifying, which can be seen in India’s jump in Logistic Performance Index(LPI) and its other parameters.
Infrastructure Improvements:
- According to the LPI report, India’s rank moved up five places in the infrastructure score from 52nd in 2018 to 47th in 2023.
- The government has invested in trade-related soft and hard infrastructure, connecting port gateways on both coasts to the major economic centers located in the interior regions of the country.
- This investment has paid off, with India climbing to the 22nd spot for international shipments in 2023 from 44th in 2018.
Technology’s Role:
- Technology has been a critical component of India’s logistics performance improvement efforts.
- Under a public-private partnership, the government has implemented a supply chain visibility platform, which has contributed to remarkable reductions in delays.
- NICDC Logistics Data Services Limited applies radio frequency identification tags to containers and offers consignees end-to-end tracking of their supply chain.
- The report also states that emerging economies like India are leap frogging advanced countries due to modernization and digitalization.
Reduced Dwell Time:
- Dwell time is how long a vessel spends at a specific port or terminal. It may also refer to the amount of time that a container or cargo spends at a port or terminal before being loaded onto a vessel or after being unloaded from a vessel.
- India’s very low dwell time (2.6 days) is one example of how the country has improved its logistics performance.
- According to the report, the average dwell time for containers between May and October 2022 was 3 days for India and Singapore, much better than in some of the industrialized countries.
- The dwell time for the U.S. was 7 days and for Germany, it was 10 days.
- With the introduction of cargo tracking, dwell time in the eastern port of Visakhapatnam fell from 32.4 days in 2015 to 5.3 days in 2019.

What are the other Initiatives Related to Logistics?

Multimodal Transportation of Goods Act, 1993: The Multimodal Transportation of Goods Act, 1993 (MMTG) provides for the regulation of Multimodal Transportation of Goods from any place in India to any place outside India involving two or more modes of Transport on the basis of a single Multimodal Transport Contract.
Multi Modal Logistics Parks: The Multi Modal Logistic Park project is poised to develop state-of-the-art large scale warehousing facilities for different types of commodities, to become a one stop solution for all services related to cargo movement like warehousing, custom clearance, parking, maintenance of trucks etc.
LEADS Report: The LEADS is an indigenous data-driven index under the Ministry of Commerce and Industry to assess logistics infrastructure, services, and human resources across all 36 States and UTs.
Dedicated Freight Corridor: It is a high speed and high capacity railway corridor that is exclusively meant for the transportation of freight, or in other words, goods and commodities.DFC consists of two arms, Eastern Dedicated Freight Corridor (EDFC) and Western Dedicated Freight Corridor (WDFC).
Sagarmala Projects: The Sagarmala Programme was approved by the Union Cabinet in 2015 which aims at holistic port infrastructure development along the 7,516-km long coastline through modernisation, mechanization and computerisation.
Bharatmala Project: It focuses on the new initiatives like development of Border and International connectivity roads, Coastal & port connectivity roads, improving efficiency of National Corridors, Economic corridors and others.

4. ‘India’s fastest’ solar-electric boat Barracuda launched

Subject : Environment

Section: Climate Change

Solar-electric boat Barracuda:

India has launched its fastest solar-electric boat named Barracuda (Named after the swift, long fish, Barracuda).
It aims to advance India’s eco-friendly maritime transportation.
Launched at- Navalt Solar and Electric Boats, located off Aroor in Alappuzha in Kerala.
Mazagon Dock will introduce the eco-friendly vessel at its Mumbai dock.
Other specifications of the boat:
- The 14-metre-long,4.4-metre-wide vessel can attain a top speed of 12.5 knots (23 kmph) and has a range of seven hours on a single charge.
- It has twin 50 kW electric motors, a marine-grade LFP battery, and 6 kW solar power, epitomising efficient and clean energy usage.
- It is engineered to navigate through waves as tall as four metres and operates without noise, vibration and air pollution.

Barracuda fish:

It is a large, predatory, ray-finned fish known for its fearsome appearance and ferocious behaviour.
It is a saltwater fish.
It is found in tropical and subtropical oceans worldwide ranging from the eastern border of the Atlantic Ocean to the Red Sea, on its western border the Caribbean Sea, and in tropical areas of the Pacific Ocean.
Barracudas reside near the top of the water and near coral reefs and sea grasses.
Barracudas are targeted by sport-fishing enthusiasts.

Source: The Hindu

5. Is India doing enough to tackle climate change?

Subject : Environment

Section: Climate Change

In the news:

In a historic first, all 198 signatories to the 28th United Nations’ Conference of the Parties (COP28) adopted an agreement to “transition away” from “all fossil fuels” as opposed to only coal, as was agreed upon at COP26, in Glasgow.
Although India is the third largest emitter of GHGs, it has one of the lowest per capita emissions in the world.

COP28 outcomes:

Operationalisation of Loss and Damage Fund
For the first time, it talks about ‘transitioning away from fossil fuels’ in energy systems in a ‘just, orderly and equitable manner’ so as to achieve net zero by 2050.
Accelerating and substantially reducing non-cabon-dioxide emissions globally, including in particular methane emissions by 2030.
Tripling of Renewable Energy:
- The COP28 agreement calls upon countries to contribute to tripling of global installed capacity of renewable energy, and doubling of annual improvements in energy efficiency.
Global Goal on Adaptation:
- The framework for GGA has been adopted but it lacks financial provisions.
- The work programme resulted in the identification of some common adaptation goals, important for the entire world. These included reduction in climate-induced water scarcity, attaining climate-resilience in food and agricultural production, supplies and distribution, and resilience against climate-induced health impacts.

Global Stocktake:

It is a comprehensive assessment of where the world was in its fight against climate change and what more needed to be done to meet the climate objectives.
The GST is mandated by the Paris Agreement to be a periodic exercise, the first one in 2023 and every five years thereafter.

Source: The Hindu

6. Arctic Report Card 2023: Wildfires to melting sea ice, warmest summer on record had cascading impacts across Arctic

Subject : Environment

Section: Climate Change

Context:

The 2023 Arctic Report Card brought together 82 Arctic scientists from around the world to assess the Arctic’s vital signs, the changes underway and their effects on lives across the region and around the world.

Global warming impact on the Arctic:

Temperatures in the Arctic have been rising more than three times faster than the global average. 2023 was the warmest summer in the Arctic.
Wildfires forced evacuations across Canada.Greenland was so warm that a research station at the ice sheet summit recorded melting in late June, only its fifth melting event on record.
Sea surface temperatures in the Barents, Kara, Laptev and Beaufort seas were 9 to 12 degrees Fahrenheit (5 to 7 degrees Celsius) above normal in August.
The winter snow cover melted early across large parts of northern Canada, providing an extra month for the Sun to heat up the exposed ground.
- The heat and lack of moisture dried out organic matter on and just below the surface; by November, 70,000 square miles (180,000 square kilometers) had burned across Canada, about a fifth of it in the Northwest Territories.
Dark open water absorbs the sun’s rays during the summer and, in the autumn, acts as a heating pad, releasing heat back into the atmosphere.
There is a shifts in wind patterns and increasingly intense ocean storms.
Climate change led alterations are damaging the cultural practices and food security of indigenous communities of the Arctic region.
- Yukon River Chinook have decreased in size by about 6% since the 1970s, and they’re producing fewer offspring. This is impacting the food security of the region.
Finland is putting an effort to restore damaged reindeer habitat.
- Degraded peatlands also release greenhouse gases, contributing to climate change. Keeping them healthy helps capture and store carbon away from the atmosphere.

Subsea permafrost:

It is frozen soil in the ocean floor that is rich in organic matter. It has been gradually thawing since it was submerged after Northern Hemisphere ice sheets retreated thousands of years ago. Today, warmer ocean temperatures are likely accelerating the thawing of this hidden permafrost.
Just as with permafrost on land, when subsea permafrost thaws, the organic matter it contains decays and releases methane and carbon dioxide – greenhouse gases that contribute to global warming and worsen ocean acidification.

Mackenzie River:

It is a river in the Canadian boreal forest.
Source – Great Slave Lake
Drains into the Beaufort sea in the Arctic Ocean.
It forms Mackenzie delta near the beaufort sea.
It forms, along with the Slave, Peace, and Finlay, the longest river system in Canada, and includes the second largest drainage basin of any North American river after the Mississippi.
Due to rising sea surface temperature, this river is supplying warm water into the Beaufort Sea to the north, thus resulting in more melting of ice.

Source: Down To Earth