Daily Prelims Notes 6 November 2024
- November 6, 2024
- Posted by: OptimizeIAS Team
- Category: DPN
Daily Prelims Notes
6 November 2024
Table Of Contents
- Bank Deposit Growth Outpaces Credit Offtake for the First Time in 30 Months
- Saudi Arabia gets winter surprise: Al-Jawf region covered in snow for the first time
- Bird flu detected in a pig in US, raises red flags over species transmission
- Amicus curiae suggest restricting elephant parades to religious festivals
- Biopiracy
- Supreme Court: State Cannot Acquire Every Private Property
- Supreme Court Upholds U.P. Madrasa Act, Affirms State’s Regulatory Role
- Tardigrades and Their Survival Mechanisms: A Blueprint for Human Advancements
- The demand for greater autonomy for Eastern Nagaland districts
- U.S. writes off over $1-bn debt owed by civil war-hit Somalia
- Law validity can’t be challenged for Basic Structure’s violation
1. Bank Deposit Growth Outpaces Credit Offtake for the First Time in 30 Months
Sub: Eco
Sec: Monetary Policy
Year-on-Year Performance:
- Deposits grew by 11.8% in the fortnight ending October 18, 2024, compared to 13.4% last year.
- Credit growth stood at 11.7%, a slowdown from the 19.7% growth seen in the same period last year.
- Since January 2024, deposits have increased by 8.6%, amounting to an absolute expansion of ₹17.3 lakh crore over nine months.
Factors Driving Deposit Growth:
- Rising Term Deposit Rates: Scheduled commercial banks have offered more attractive term deposit rates, strengthening the liability side of their balance sheets.
Liability Focus: Banks have focused on enhancing their deposit base, partially through issuing certificates of deposits (CDs), albeit at higher costs.
Definition:
Interest Rates:
Interest Payout:
Flexibility:
Purpose:
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Credit Growth Influencers:
- Higher Base Effect: The HDFC Ltd-HDFC Bank merger increased the base for credit growth comparisons.
- RBI Regulations: The RBI’s recent increase in risk weights (up to 150%) on loans like consumer credit and credit card receivables, coupled with proposed changes to the Liquidity Coverage Ratio (LCR) requirements, has tempered credit expansion.
Liquidity Coverage Ratio (LCR):
- Revised LCR norms are set to take effect from April 1, 2025. These norms require banks to hold High-Quality Liquid Assets (HQLAs) to manage 30-day net outflows under stressed conditions, prompting banks to boost their liquidity buffers.
Credit-Deposit (CD) Ratio:
- The CD ratio has hovered around 80% since September 2023, with a minor decrease to 79% as of October 18, 2024, from 79.5% in December 2023.
Certificates of Deposit (CDs)
CDs are time-bound deposit instruments issued by banks or financial institutions, which promise to return the deposited amount plus interest after a specified period.
Purpose: CDs are typically used by banks to raise funds in the short term and are a safe investment option for individuals or corporations.
Liquidity Coverage Ratio (LCR): LCR is a regulatory standard requiring banks to hold enough High-Quality Liquid Assets (HQLA) to cover their total net cash outflows over a 30-day stress period. It helps ensure that banks have sufficient liquidity to handle short-term financial stress.
High-Quality Liquid Assets (HQLA): – HQLAs are assets that can be easily converted into cash with little to no loss of value, even during periods of financial stress. Examples include government bonds, cash reserves, and certain marketable securities.
Role of HQLA in LCR: HQLAs are central to a bank’s liquidity buffer, ensuring they meet their LCR requirements.
Credit-Deposit (CD) Ratio: – The CD Ratio measures the proportion of a bank’s total deposits used for lending. It indicates how efficiently a bank uses its deposits to generate credit.
2. Saudi Arabia gets winter surprise: Al-Jawf region covered in snow for the first time
Sub: Geo
Sec: Climate
Context:
- Al-Jawf in Saudi Arabia has experienced heavy snowfall and rainfall for the first time in recorded history.
- Areas like Sakaka City and Dumat Al-Jandal governorate were covered in hail and heavy rain, resulting in white-capped desert landscapes.
Details:
- The National Center of Meteorology (NCM) issued alerts for further thunderstorms, with expectations of hail, strong winds, and potential flooding.
- Reduced visibility is anticipated, and residents are advised to stay cautious.
- This unusual moisture is expected to benefit the region’s wild flora, with seasonal plants like lavender and chrysanthemum predicted to flourish in spring.
Previous Snowfall in Al-Lawz:
- In February 2024, Saudi Arabia’s Al-Lawz mountains, near Tabuk, experienced snowfall.
- Al-Lawz typically sees snow during the “Marbaniya” season (December 7 – January 14). However, unusually warm temperatures delayed this year’s snowfall by two months.
Unusual Temperature Patterns:
- The warmer winter was attributed to atmospheric changes and a lack of southern winds, which usually bring humidity and cause temperature drops.
- As a result, the Marbaniya season ended with less intensity than usual.
Source: DTE
3. Bird flu detected in a pig in US, raises red flags over species transmission
Sub: Sci
Sec: Health
Context:
- On October 31, avian influenza A (H5N1) was confirmed in a pig on a backyard farm in Oregon, marking the first known infection of a pig by this virus in the United States.
- The virus strain, clade 2.3.4.4b of influenza A / H5N1, is currently spreading globally and is known to affect various species.
Farm Conditions and Possible Transmission:
- The farm housed poultry, livestock, and five pigs in close proximity, sharing water sources, housing, and equipment.
- Earlier in October, 70 infected poultry on the farm were culled as a preventive measure.
CDC Concerns and Risk of Genetic Reassortment:
- The CDC highlighted the adaptability of the A (H5) virus in pigs, which can be infected by influenza strains affecting humans, birds, and other animals.
- The CDC warned of the potential for genetic reassortment, a process in which two or more influenza viruses infect a single host, allowing for gene-swapping and the emergence of new viruses with increased transmissibility.
- Studies show that pigs have respiratory receptors similar to humans, allowing them to bind both human and avian influenza viruses, which increases the risk of transmission to humans.
- The 2009 A(H1N1) pandemic is an example of a reassortment event in pigs that led to a global outbreak.
2024 Human and Animal Avian Flu Cases:
- So far in 2024, 44 human cases of avian flu have been documented, with 24 linked to cattle, 19 to poultry, and one untraceable.
- In the US, over a million poultry have been infected since January, with outbreaks across 48 states, impacting 10,465 wild birds and 403 dairy herds in 14 states.
- Since May 2022, avian influenza has been detected in 404 mammals across 23 species, including cats, polar bears, brown bears, coyotes, and raccoons.
Avian Influenza:
- A disease caused by avian influenza (AI) Type A viruses found naturally in wild birds worldwide.
- AI viruses are broadly classified as low pathogenic AI (LPAI) and highly pathogenic AI (HPAI) viruses, based on their pathogenicity.
- The two virus types identified so far in the outbreaks H5N1 and H5N8 come under the category of Highly Pathogenic Avian Influenza (HPAI), which is of major concern to those keeping birds, because it leads to disease and death of fowl and causes economic havoc. H5N1 is a known threat to humans as well.
- The virus can infect domestic poultry including chickens, ducks, turkeys and there have been reports of H5N1 infection among pigs, cats, and even tigers in Thailand zoos.
- There is no vaccine against H5N1.
- Most avian influenza viruses do not infect humans, however some, such as A(H5N1) and A(H7N9), cross the species barrier and cause disease or subclinical infections in humans and other mammals as well.
- The Avian (H5N1) virus subtype, a highly pathogenic virus, first infected humans in 1997 during a poultry epidemic outbreak in Hong Kong SAR, China.
Types of Influenza Virus
- There are four types of influenza viruses: influenza A, B, C, and D.
- Influenza A and B are the two types of influenza that cause epidemic seasonal infections nearly every year.
- Avian influenza belongs to Type A viruses
- Type A viruses are classified based on two proteins on their surfaces – Hemagglutinin (HA) and Neuraminidase (NA).
- There are about 18 HA subtypes and 11 NA subtypes.
- Several combinations of these two proteins are possible e.g., H5N1, H7N2, H9N6, H17N10, H18N11 etc.
- Influenza C mainly occurs in humans, but has been known to also occur in dogs and pigs.
- Influenza D is found mainly in cattle. It’s not known to infect or cause illness in humans yet.
Source: DTE
4. Amicus curiae suggest restricting elephant parades to religious festivals
Sub: Env
Sec: Env legislation
Context:
- An amicus curiae report by T.C. Suresh Menon, presented to the Kerala High Court, suggests restrictions on the use of captive elephants in processions to protect their welfare.
- This report is part of a suo motu proceeding initiated by a Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice P. Gopinath to address the plight of captive elephants in the state.
Key Recommendations:
- Limit Parading to Religious Festivals:
- Parading should be restricted to festivals and rituals at registered temples, churches, and mosques.
- Elephants should not be used in private functions, inaugurations, or newly introduced or revived rituals.
- Applications for parading must be submitted to the district committee under the Captive Elephant Management Rules.
- Spacing and Safety Requirements:
- Elephant Spacing: A minimum of three meters should be maintained between each elephant and on all four sides in processions.
- Public Safety: A minimum distance of 10 meters should be maintained between the elephants and the public.
- Health Restrictions:
- Fitness for Parades: Elephants that are sick, weak, injured, disabled, or in musth (a period of heightened aggression) should not participate in parades.
- Transportation Guidelines:
- Distance Limits:
- Vehicle transportation should not exceed 100 km per day.
- Walking distance should be limited to 30 km per day.
- Rest Requirements: Elephants should be given a minimum of 24 hours to rest after each event.
- Travel Conditions: Long-distance transportation and the use of trucks, which add stress, should be avoided.
- Health Check for Travel: A government veterinary doctor must examine the elephants and issue a fitness certificate within 12 hours before transportation begins.
- Distance Limits:
Captive Elephant (Transfer or Transport) Rules, 2024:
- It lays down the procedure to be followed for the transfer of captive elephants within a state or between two states.
- The notification authorises the CWW of states and UTs to permit or reject the transfer of captive elephants.
- The CWW shall permit the inter and intra-State transfers if the owner of the elephant is no longer in a position to maintain it or if the animal will have a better upkeep than in the present circumstances.
- The transfer of captive elephants won’t be permissible unless the genetic profile of the animal has been entered in the electronic monitoring application of the MoEFCC (Ministry of Environment, Forest and Climate Change).
- The application for the transfer of captive elephants should be made to the Deputy Conservator of Forests (DCF), having jurisdiction over the area where the elephant is registered.
- The DCF will conduct an inquiry and physical verification of the facility where the elephant is presently housed, and also the facility where the elephant is proposed to be housed and obtain a certificate of a veterinary practitioner, and then forward the details to the CWW, who within seven days will accept or reject the transfer.
Captive Elephants under the Wildlife Protection Act (WPA), 1972:
- Elephants are, according to the provisions of the WPA, a Schedule 1 species, and therefore, be it wild or captive, cannot be captured or traded under any circumstances.
- Section 12 of the Act allows Schedule I animals to be translocated for ‘special purposes’ such as education and scientific research.
- They can also be translocated for population management of wildlife without harming any wild animals and the collection of specimens for recognised zoos/museums.
- Captive elephants, because of their historical role in forest management, timber transport, and presence in estates of erstwhile royal families and in temple precincts for religious purposes can be owned and therefore come under a special category. However, strict rules guide the transfer of such elephants.
- Section 40(2) of the WPA prohibits the acquisition, possession, and transfer of a captive elephant without the written permission of the Chief Wildlife Warden (CWW) of the State.
- The Environment Ministry in 2021 brought in an amendment that allowed the transfer of elephants for ‘religious or any other purposes’.
Sub: Env
Sec: Biodiversity
- Biopiracy refers to the unauthorized exploitation of biological resources and traditional knowledge by corporations, researchers, or countries. This often involves the patenting of indigenous plants, animals, or knowledge for commercial purposes without compensating the source community or country.
- Common Forms:
- Patent claims on traditional medicinal plants without acknowledgment or compensation.
- Unauthorized collection of genetic resources from biodiversity-rich regions, often in the Global South.
Digital Biopiracy:
- Digital biopiracy is the use of digital tools to access, record, and use genetic and biological data without permission or benefit-sharing arrangements. With advancements in biotechnology, this includes accessing databases with genetic sequences and utilizing the information for profit, such as in pharmaceuticals, agriculture, and synthetic biology.
- Key Concerns:
- Growing databases of digital genetic information allow companies to use data for genetic engineering without needing physical resources, thus bypassing existing biopiracy laws.
- Nations and communities may lose control over their biological resources in the digital space, making it challenging to regulate or claim compensation.
Laws Related to Biopiracy in India
India has specific legal frameworks to prevent biopiracy and protect its biodiversity and traditional knowledge:
- The Biological Diversity Act, 2002:
- Protects India’s rich biodiversity by regulating access to biological resources and associated knowledge.
- Requires foreigners to obtain permission from the National Biodiversity Authority (NBA) to access biological resources.
- Mandates benefit-sharing with local communities if any commercial product is developed from Indian biological resources.
- Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001:
- Provides rights to plant breeders and farmers.
- Protects farmers’ traditional knowledge and ensures they are recognized for their role in conserving plant varieties.
- Prevents companies from patenting traditional crop varieties developed by Indian farmers.
- Traditional Knowledge Digital Library (TKDL):
- A digital database of documented traditional knowledge, primarily related to Indian medicinal plants and practices.
- Designed to prevent patents on traditional Indian knowledge by providing evidence that such knowledge is in the public domain.
International Laws and Agreements Related to Biopiracy:
- Convention on Biological Diversity (CBD), 1992:
- A landmark international treaty aimed at the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits.
- Under the CBD, countries have sovereign rights over their biological resources.
- Establishes guidelines for access and benefit-sharing (ABS) with indigenous communities and countries.
- Nagoya Protocol on Access and Benefit-Sharing (ABS), 2010:
- Supplements the CBD and provides a legal framework to ensure that benefits from genetic resource use are shared equitably.
- Encourages user countries to share benefits arising from the use of genetic resources with the provider country, often through monetary or technology transfer agreements.
- TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), 1995:
- Administered by the World Trade Organization (WTO), the TRIPS Agreement establishes minimum standards for intellectual property (IP) protection.
- While it does not directly address biopiracy, TRIPS requires countries to grant patents for inventions, which can sometimes include genetic resources.
- Some countries have raised concerns that TRIPS allows companies to patent biological materials sourced from other regions without adequate compensation.
- International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), 2001:
- Also known as the “Seed Treaty,” it focuses on the conservation and sustainable use of plant genetic resources for food and agriculture.
- Promotes farmers’ rights, including the right to share benefits derived from using plant genetic resources.
- Encourages the exchange of genetic materials while ensuring that benefits are shared with source countries and communities.
Challenges and Issues:
- Enforcement: Biopiracy laws are difficult to enforce globally, especially with advancements in biotechnology and digital tools.
- Equitable Benefit-Sharing: Ensuring fair compensation for indigenous communities remains challenging, as legal frameworks and enforcement vary by country.
- Digital Biopiracy Regulation: Current frameworks are not fully equipped to address digital biopiracy, as genetic information can be digitized, shared, and utilized without physically accessing resources.
6. Supreme Court: State Cannot Acquire Every Private Property
Sub: Polity
Sec: Constitution
Why in News
The Supreme Court of India, through a landmark judgment by a nine-judge Constitution Bench, ruled that the state does not have the right to acquire every private property by claiming it as a “material resource of the community” for the “common good.” This decision marks a significant stance on the extent of state power in the context of private property rights.
Key Points:
The Supreme Court ruled that the state does not have overarching authority over private property, rejecting such broad power as reminiscent of past state-controlled economic ideologies.
It was noted that India has transitioned from an era of public investment dominance to a balanced economy involving both public and private investments.
The decision was influenced by the need to revisit past interpretations stemming from the 1977 Ranganath Reddy vs. State of Karnataka case, which affected later rulings in the Sanjeev Coke Manufacturing (1982) and Mafatlal Industries (1997) cases.
The opinion highlighted that India’s economic policies have evolved from socialism to liberalization and market-driven reforms.
About Material resources of the community:
Material resources of the community in the context of reordering the national economy embraces all the national wealth, not merely natural resources, all the private and public sources of meeting material needs, not merely public possessions.
Article 39(b) obligates the state to direct its policy towards securing the ownership and control of the material resources of the community that are so distributed as best to subserve the common good.
Article 39(c) of the DPSP states that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
About Right to private property:
In 1978, in order to avoid excessive litigation directly in the Supreme Court by the propertied class, the 44th amendment act omitted the right to property as a fundamental right and made it a constitutional right under Article 300A.
The right to private property continues to be an important constitutional cum legal right.
Any law to acquire private property by the state should be only for a public purpose and provide for adequate compensation.
Doctrine of Eminent Domain:
Eminent Domain is the power of the sovereign to acquire property of an individual for public use without the necessity of his consent.
This power is based on sovereignty of the State.
Payment of just compensation to the owner of the land which is acquired is part of exercise of this power.
Constitutional Provisions Related to Property Rights in India:
Article 19(1)(f): Originally provided citizens the right to acquire, hold, and dispose of property.
Article 31: Protected individuals from being deprived of property without legal authority and ensured compensation for state acquisition.
Article 300A: Required the state to follow due procedure and authority of law to deprive a person of his or her private property.
The right to property is now considered to be not only a constitutional or statutory right, but also a human right.
Procedure is an integral part of the ‘authority of law’ in Article 300A.
The phrase ‘authority of law’ in the Article should not be understood as merely the power of eminent domain vested in the state.
The requirement of a ‘law’ in Article 300A does not end with the mere presence of a legislation which empowers the state to deprive a person of his property.
Amendments Impacting Property Rights:
First Amendment (1951): Added agrarian reform laws to the Ninth Schedule, shielding them from judicial review.
Fourth Amendment (1955): Enhanced the state’s ability to acquire property for public purposes and limited challenges to compensation amounts.
Twenty-Fifth Amendment (1971): Replaced the term “compensation” with “amount,” allowing the state to determine the payment, which need not match market value.
Forty-Fourth Amendment (1978): Removed the Right to Property from Fundamental Rights, making it a legal right under Article 300A, which states that no person shall be deprived of their property except by lawful authority.
Protective Clauses:
Article 31A: Safeguards laws on agrarian reforms and estate acquisition from being invalidated for contravening Articles 14 and 19, thus promoting social welfare and land redistribution.
Article 31B: Protects acts in the Ninth Schedule from being challenged for violating Part III of the Constitution, subject to the basic structure doctrine as clarified in the I.R. Coelho v. State of Tamil Nadu (2007) case.
Judicial Interpretations:
The Kesavananda Bharati v. State of Kerala (1973) case introduced the “basic structure” doctrine, influencing the interpretation of property rights amendments.
In Jilubhai Nanbhai Khachar v. State of Gujarat (1995), the Supreme Court ruled that Article 300A protects property rights legally but does not guarantee compensation, only lawful deprivation.
7. Supreme Court Upholds U.P. Madrasa Act, Affirms State’s Regulatory Role
Sub: Polity
Sec: Constitution
Why in News
The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004, affirming the state’s right to regulate madrasa education to maintain standards, while striking down sections related to higher education that conflicted with central legislation.
Supreme Court’s Decision:
The Court upheld the Act’s provisions concerning elementary and secondary madrasa education but found the regulations for higher education (Kamil and Fazil) unconstitutional due to a conflict with the Union List.
The Act’s provisions regarding higher education encroached upon Entry 66 of the Union List, which grants exclusive power to the central government to regulate and set standards for higher education.
The judgment emphasized that the state’s oversight of madrasas aligns with the state’s positive obligation to ensure quality education that supports social participation and economic self-reliance.
The Madrasa Act, 2004:
The Uttar Pradesh Madrasa Education Board Act, 2004, was enacted to regulate madrasa education in the state to ensure educational standards and integrate religious and secular education.
The Act established a framework for the state government to oversee the curriculum, teacher qualifications, and infrastructure standards in registered madrasas.
The Act provides the legal framework for madrasa education in Uttar Pradesh where, apart from the curriculum of the National Council of Educational Research and Training (NCERT), religious education is imparted as well.
Thus, it integrates both religious and secular subjects.
Relevant Constitutional Provisions:
Article 30(1): Grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.
Article 29: Protects the rights of any section of citizens to conserve their language, script, or culture.
Article 19(1)(g): Provides the right to practice any profession or to carry out any occupation, trade, or business, which may be subject to reasonable state restrictions.
Article 21A: Ensures free and compulsory education for children up to the age of 14, impacting state educational regulations.
Entry 66, Union List, Seventh Schedule: Grants the central government exclusive power to regulate and determine standards of higher education.
8. Tardigrades and Their Survival Mechanisms: A Blueprint for Human Advancements
Sub : Env
Sec: Species in news
Why in News
The discovery of new insights into tardigrade biology, particularly their remarkable resistance to extreme environments like radiation, dehydration, and freezing, has generated global interest. The latest findings, particularly on the genetic mechanisms behind their survival, were published in major scientific journals like Nature Communications Biology and Science.
About Tardigrades:
- Tardigrades, also known as water bears or moss piglets, are microscopic, water-dwelling organisms that are renowned for their remarkable resilience to extreme environmental conditions.
- They often thrive in extreme conditions, including high altitudes and deep-sea environments.
- Tardigrades have a plump, segmented body with eight legs, each ending in claws or suction pads.
- They can survive in a desiccated state for years, rehydrating and resuming activity when conditions improve.
Tardigrades belong to their own phylum (Tardigrada) and have existed for over 600 million years. Fossil records date back to the Cretaceous Period, around 90 million years ago.
About Cryptobiosis:
Tardigrades can enter a state of cryptobiosis, where they pause nearly all biological processes.
This allows them to survive extreme conditions like desiccation, high radiation, and freezing temperatures, by effectively suspending their metabolic activities until conditions improve.
Genetic Resilience:
Tardigrades’ ability to survive high radiation is linked to specialized mechanisms that protect their genetic material.
Recent research from China revealed a new tardigrade species, Hypsibius henanensis, whose genome contains genes that help protect against radiation.
These genes are upregulated when exposed to radiation, and some are believed to be acquired through horizontal gene transfer from other species in their environment.
DODA1 Gene: This gene is crucial for synthesizing betalains, antioxidants that may protect tardigrades from radiation damage. It is likely acquired from bacterial species.
TRID1 and NDUFB8 Genes: These tardigrade-specific genes are involved in DNA repair and cellular energy production, crucial for surviving high radiation stress.
Horizontal Gene Transfer: A significant portion of tardigrades’ survival genes (over 0.5%) comes from horizontal gene transfer, highlighting the importance of environmental gene sharing in their evolutionary survival.
Potential Applications:
Protein Stability: One area where tardigrades’ mechanisms could be applied is in stabilizing proteins used in biological therapies. Tardigrades’ ability to preserve protein structure under harsh conditions could be leveraged to enhance the efficacy and stability of protein-based drugs, vaccines, and antibodies.
Cell Therapy: As cell-based therapies grow in popularity, researchers are looking for ways to protect therapeutic cells during storage, transport, and administration. Tardigrades’ ability to protect cells from damage under extreme conditions could inspire new technologies to safeguard and stabilize these therapies.
Space Exploration: The study of tardigrades’ survival in space, particularly in the vacuum of space, offers crucial insights into biological preservation techniques that may benefit long-term space travel and human exploration beyond Earth.
9. The demand for greater autonomy for Eastern Nagaland districts
Sub : Polity
Sec: Federalism
Context:
- Recently, the Nagaland government said it was ready to share its views on the Centre’s draft agreement for more autonomy for the state’s six eastern districts.
Historical Context of the Demand for Autonomy:
- The demand for greater autonomy or a separate state for Eastern Nagaland has been longstanding and has gained momentum in recent years.
- In November 2010, the Eastern Nagaland People’s Organization (ENPO) submitted a memorandum to the Prime Minister’s Office, demanding a separate state with special status and provisions to address the region’s underdevelopment.
- The ENPO’s argument emphasizes a development deficit in the region.
Current status:
- Several rounds of discussions have taken place between the ENPO, the Union Home Ministry, and the Nagaland government. These discussions have revolved around the possibility of greater autonomy rather than full statehood.
- In early 2024, the central government sent a draft Memorandum of Settlement to the Nagaland government seeking comments on an arrangement for greater autonomy.
- The state government is now ready to forward its comments to the Centre.
Eastern Nagaland:
- Eastern Nagaland comprises six districts: Kiphire, Longleng, Mon, Noklak, Shamator, and Tuensang.
- This region is home to seven tribes: Konyak, Khiamniungan, Chang, Sangtam, Tikhir, Phom, and Yimkhiung.
- The population of these districts makes up over 30% of Nagaland’s total population.
- These districts hold 20 out of 60 seats in the Nagaland Legislative Assembly.
Nature of Autonomy:
- The proposal being discussed is for a Frontier Naga Territory, which would involve a separate legislature, executive, and financial powers for the eastern districts within Nagaland.
- The Nagaland state government has expressed support for an arrangement that maintains the region’s ties to the state capital, Kohima, while creating a regional council in Eastern Nagaland to oversee local issues.
- The arrangement would align with Article 371(A) of the Indian Constitution, which already provides special provisions for Nagaland.
Article 371(A) and its relevance to Eastern Nagaland:
- The state of Nagaland was carved out of Assam in 1963 as a result of 16-point agreement between the Naga People’s Convention and the Union of India.
- Article 371(A) provides for special provisions for the new state, including protection of Naga customary laws and rights.
- Both the 16-Point Agreement and Article 371(A) provided for the undivided Tuensang district (now the six eastern districts) to be governed directly by the Governor due to its underdevelopment.
- This arrangement was meant to last for 10 years, until the local tribes were capable of handling more advanced administration. This system was dismantled in 1973.
10. U.S. writes off over $1-bn debt owed by civil war-hit Somalia
Sub : IR
Sec: Places in news
Context:
- S. and Somalia reached a landmark agreement under which the United States will forgive more than $1 billion of Somalia’s debt.
- This agreement is crucial for Somalia’s economic recovery, as it will reduce the country’s debt burden, allowing for more resources to be directed towards addressing humanitarian needs and economic development.
Somalia’s Economic issues:
- Somalia remains one of the poorest countries in the world, having suffered from decades of civil war, insurgency by al-Qaeda-linked al-Shabaab, and frequent climate disasters such as droughts and floods.
- The country is heavily dependent on international aid to support its economy and development efforts.
About Somalia:
- Somalia is a country in the Horn of Africa.
- It is bordered by Ethiopia to the west, Djibouti to the Northwest, the Gulf of Aden to the north, the Indian Ocean to the east, and Kenya to the southwest.
- Somalia has the longest coastline on Africa’s mainland.
- Its Capital is Mogadishu.
11. Law validity can’t be challenged for Basic Structure’s violation
Sub : Polity
Sec: Constitution
Context:
- Recently, the Supreme Court ruled that the Basic Structure Doctrine cannot be applied to invalidate ordinary legislation.
- The Court emphasized that the validity of a law cannot be challenged purely on the grounds of it violating the Basic Structure of the Indian Constitution.
About the case:
- The judgment came in a case regarding the Uttar Pradesh Madrasa Education Board Act, 2004, which was being contested for allegedly violating the principle of secularism.
- A three-judge bench led by Chief Justice of India (CJI) D.Y. Chandrachud upheld the State’s power to legislate and regulate madrasas, rejecting the claim that it violated the Basic Structure.
Observations by the court:
- Basic Structure doctrine comprises undefined concepts, such as secularism, democracy, and federalism, which are subjective and can lead to uncertainty in judicial review if applied to ordinary legislation.
- The court emphasized that laws must be tested against specific provisions of the Constitution rather than abstract principles like secularism.
- It also stated that if a law is challenged for violating secularism, it must be demonstrated that the law violates specific constitutional provisions related to secularism.
Basic Structure Doctrine:
- The doctrine, first articulated in the Kesavananda Bharati case (1973), holds that certain fundamental principles of the Constitution, like democracy, federalism, and secularism, form its Basic Structure and cannot be altered by Parliament.
Reference to Raj Narain Case (1975):
- The CJI referred to the Indira Gandhi vs. Raj Narain case, in which the Basic Structure doctrine was applied for the first time. The case was a significant turning point where the Supreme Court struck down a constitutional amendment.
- The judges in the Raj Narain case had distinguished between an ordinary statute and a constitutional amendment, suggesting that the Basic Structure doctrine is more relevant to amendments than ordinary laws.
Implications of the ruling:
- The ruling makes it clear that while the Basic Structure doctrine is crucial for constitutional amendments, it does not extend to the evaluation of ordinary laws passed by the legislature.
- This decision reinforces the separation of powers between the judiciary and legislature, ensuring that the courts do not overstep by striking down laws based on abstract constitutional concepts.
- This judgment narrows the scope of the Basic Structure doctrine by restricting its application to constitutional amendments and not to ordinary laws.