Simultaneous polls, Railway (Modification) Invoice and MFN standing

Preliminary Examination: Present occasions of nationwide significance and Polity

Mains Examination: Normal Research-II: Polity, Parliament and State legislatures, Constitutional Our bodies. 

What’s the continued story: The Structure modification Invoice meant to introduce ‘one nation, one election’ successfully proposes implementing simultaneous elections to the Lok Sabha and the Legislative Assemblies by 2034 on the earliest, if the current and the subsequent Lok Sabha full their five-year phrases.

Key Factors to Ponder:

• What’s simultaneous elections? 

• What’s the historical past of simultaneous elections in India?

• Learn the suggestions of the Kovind committee.

• What are the advantages of implementing simultaneous polls?

• What are the challenges related to simultaneous polls?

• What are the constitutional provisions related to the elections in India?

• How does the Election Fee of India (ECI) conduct elections in India?

• What are the challenges in conducting free and truthful elections in India?

Key Takeaways:

• The Structure (One Hundred and Twenty-Ninth Modification) Invoice, 2024, which was permitted by the Cupboard Thursday and is anticipated to be launched within the Lok Sabha quickly, says the provisions of the modification would come into impact on an “appointed date”, which the President will notify on the primary sitting of the Lok Sabha after a basic election.

• As The Indian Specific reported Friday, which means that simultaneous elections might be held as early as 2034 if the appointed date is notified on the primary sitting of the Lok Sabha elected in 2029, as the primary sitting of the Home elected earlier this 12 months has handed.

• The Invoice, circulated amongst MPs Friday night, proposes so as to add a brand new Article — 82 (A) (simultaneous elections to the Home of the Folks and all Legislative Assemblies) — and to amend Article 83 (Length of Homes of Parliament); Article 172 (Length of State Legislatures); and Article 327 (Energy of Parliament to make provision with respect to elections to Legislatures).

• As per suggestions of the high-level committee chaired by former President Ram Nath Kovind, the Invoice proposes amendments and insertion of latest Articles that might allow the syncing of the phrases of the Lok Sabha and state Assemblies.

• The Assemblies elected after the appointed date will come to an finish with the tip of the total time period of the Lok Sabha. If the Lok Sabha or any state Meeting is dissolved earlier than the tip of the total time period, mid-term elections for that legislature alone can be held for the rest of the five-year time period.

From the editorial web page “NO One Voice, please”

• S Y Quraishi writes— “On December 12, the Union Cupboard permitted a controversial proposal to implement simultaneous elections throughout India, involving all three tiers of elections, particularly, the Lok Sabha, State Legislative Assemblies, and native our bodies. That is in pursuance of the suggestions of a high-level committee chaired by former President Ram Nath Kovind, which submitted its report on the “One Nation, One Election” plan this September.”

•  “It’s noteworthy that the committee was not given the liberty to review the professionals and cons of simultaneous elections however to counsel legislative and administrative measures required to implement it.”

• “The committee, established on September 2, 2023, labored for 191 days and submitted an 18,626-page report on March 14, 2024. Based on the report, ideas had been invited from the general public and 21,558 responses had been acquired, with 80 per cent supporting simultaneous elections. Nonetheless, critics have identified that ideas had been invited solely in Hindi and English. Subsequently, the response doesn’t replicate the feelings of all areas of India.”

• “Of the 47 political events who responded, 32 (all members of NDA) favoured the proposal whereas 15 opposed it, labelling it anti-democratic and anti-federal. They expressed concern that the transfer might marginalise regional events, promote national-party dominance, and result in a presidential-style authorities.”

• A number of issues had been raised of which foremost was that state and native points could also be overshadowed by nationwide narratives. States could lose the flexibleness to dissolve assemblies or maintain elections based mostly on their political wants. It might additionally have an effect on the outcomes of state elections. Additionally, if an meeting is dissolved early resulting from a hung legislature or no-confidence movement, aligning the brand new election with the nationwide schedule might be problematic.

• “You will need to observe that the committee didn’t study different options to excessive prices and “coverage paralysis” as its mandate precluded.”

Do You Know:

• Simultaneous elections, popularly known as “One Nation, One Election”, means holding elections to Lok Sabha, all state Legislative Assemblies, and concrete and rural native our bodies (municipalities and panchayats) on the similar time. 

• At the moment, all these elections are held independently of each other, following timelines dictated by the phrases of each particular person elected physique.

• The idea of “Simultaneous Election” is just not alien to India. India has a historical past of holding simultaneous elections. Our democratic journey started with the primary basic election, the place each the Lok Sabha and state meeting elections had been carried out on the similar time. 

Different Necessary Articles Overlaying the identical subject:

📍UPSC Concern at a Look | What has reignited the “One Nation, One Election” debate?

Earlier 12 months UPSC Prelims Query Overlaying comparable theme:

(1) Take into account the next statements: (UPSC CSE 2021)

1. In India, there is no such thing as a regulation limiting the candidates from contesting in a single Lok Sabha election from three constituencies.

2. Within the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.

3. As per the present guidelines, if a candidate contests in a single Lok Sabha election from many constituencies, his/her social gathering ought to bear the price of bye-elections to the constituencies vacated by him/her successful in all of the constituencies.

Which of the statements given above is/are appropriate? 

(a) 1 solely  

(b) 2 solely

(c) 1 and three  

(d) 2 and three 

(2) On the subject of the Excessive-level Committee (HLC) on “One Nation, One Election”, think about the next statements:

1. The committee advisable the preparation of single electoral roll and electoral photograph id playing cards.

2. The Structure needs to be amended to allow simultaneous elections.

How lots of the above are the suggestions of the Excessive-level Committee (HLC)?

(a)  1 solely

(b) 2 solely

(c) Each 1 and a couple of

(d) Neither 1 nor 2

 

EXPRESS NETWORK

PIL in SC seeks evaluation of dowry regulation

Syllabus:

Preliminary Examination: Present occasions of nationwide and worldwide significance.

Mains Examination: Normal Research-I, II: Salient options of Indian Society, Position of girls, Governmentpolicies and interventions.

What’s the continued story: A public curiosity litigation (PIL) filed within the Supreme Court docket, within the wake of suicide by a techie in Bengaluru, has sought the court docket’s intervention to evaluation and reform the present dowry and home violence legal guidelines.

Key Factors to Ponder:

• What’s the Dowry Prohibition Act of 1961? What are its key provisions?

• What are the problems and issues related to the Dowry Prohibition Act?

• What’s the goal of IPC Part 498A within the Indian Penal Code?

• What are the issues raised by the Supreme Court docket concerning IPC Part 498A?

• What are the explanations behind the growing misuse of Part 498A of the Indian Penal Code (IPC) in dowry-related circumstances?

• What are the components contributing to the persistence of the dowry system in India regardless of authorized prohibitions?

• What steps have been taken by the judiciary and legislature to stability the misuse of dowry legal guidelines and the safety of real victims?

Key Takeaways:

• The plea by advocate Vishal Tiwari mentioned that ‘The Dowry Prohibition Act’ and Part 498A of IPC “was meant to guard the married girls from the dowry calls for and harassment for that however in our nation these legal guidelines turn into weapon to settle pointless and unlawful calls for and to suppress the husbands household when every other nature of dispute arises between husband and spouse.”

• The plea mentioned that due to circumstances of false implication of married males utilizing these legal guidelines, the true incidents of cruelty in opposition to girls are checked out with suspicion.

• Referring to the suicide of the techie Atul Subhash, the petition mentioned this has triggered a nationwide debate on the misuse of dowry prohibition legal guidelines and in addition males’s psychological well being.

Do You Know:

• IPC Part 498A was launched within the 12 months 1983 to guard married girls from being subjected to cruelty by the husband or his relations. A punishment extending to three years and nice has been prescribed. The expression “cruelty” has been outlined in huge phrases in order to incorporate inflicting bodily or psychological hurt to the physique or well being of the girl and indulging in acts of harassment with a view to coerce her or her relations to fulfill any illegal demand for any property or helpful safety. Harassment for dowry falls throughout the sweep of latter limb of the part. Making a scenario driving the girl to commit suicide can be one of many components of “cruelty”.

• The 243rd Report of the Regulation Fee which particularly handled Sec. 498-A strongly advisable that the offence stay non-bailable, nevertheless reiterated that it needs to be made compoundable as advisable by the Fee in its earlier studies together with the 237th Report.

Different Necessary Articles Overlaying the identical subject:

📍Supreme Court docket criticises ‘rising misuse’ of IPC part 498A in opposition to husbands and their kin for ‘private vendetta’

Earlier 12 months UPSC Mains Query Overlaying comparable theme:

We’re witnessing growing cases of sexual violence in opposition to girls within the nation. Regardless of present authorized provisions in opposition to it, the variety of such incidences is on the rise. Counsel some revolutionary measures to deal with this menace. (UPSC CSE 2014)

 

THE EDITORIAL PAGE

Sacred, Constitutional 

Syllabus:

Preliminary Examination: Present occasions of nationwide significance, Indian Polity and Governance- Structure, Rights Points

Mains Examination: Normal Research -I, II: Secularism, Structure of India- primary construction

What’s the continued story: The Supreme Court docket Thursday barred district courts throughout the nation from registering recent fits difficult the possession and title of anyplace of worship or ordering surveys of disputed non secular locations till additional orders.  

Key Factors to Ponder:

• What’s the Locations of Worship (Particular Provisions) Act, 1991? What are its key provisions?

• What’s the primary construction doctrine?

• What did the Supreme Court docket say concerning the Locations of Worship Act in its Ayodhya judgement?

• What’s judicial evaluation? How does the Locations of Worship Act restrict the facility of judicial evaluation of the judiciary?

• Critically study the importance of the  Locations of Worship Act within the context of communal concord and authorized disputes.

• What are the constitutional and authorized challenges associated to the Locations of Worship (Particular Provisions) Act, 1991?

• How judicial interpretations of the Locations of Worship Act, 1991, can influence the decision of historic disputes involving non secular websites?

Key Takeaways:

• Chief Justice of India Sanjiv Khanna’s directive to trial courts to not move any “efficient orders” is a really welcome determination. This intervention, which comes simply two weeks after 4 lives had been misplaced in Uttar Pradesh’s Sambhal within the violence that adopted the survey of the city’s medieval mosque, was lengthy overdue. 

• On Could 21, 2022, an oral statement by then CJI D Y Chandrachud {that a} survey wouldn’t violate the 1991 Locations of Worship Act, successfully, grew to become the premise for a number of such fits and surveys, together with the one in Sambhal.

• Because the court docket now frames the problem to the 1991 Locations of Worship Act, the fraught historical past that led to its enactment is inescapable. The regulation was introduced in by the then Congress authorities of Prime Minister P V Narasimha Rao at a time when the Ram temple motion was at its peak.

• One of many judges on the bench Thursday, Justice KV Viswanathan, prudently identified that the 1991 regulation is barely an “efficient manifestation or a reiteration of the already embedded constitutional ideas.” 

• In 2020, whereas deciding the Ayodhya dispute, the SC had mentioned that the regulation embodied a constitutional dedication to “equality of all religions and secularism which is part of the essential construction of the Structure.” The ruling had additionally recognised “non-retrogression” as a foundational characteristic of the structure. 

Do You Know:

• The Locations of Worship Act, 1991, was introduced within the wake of the Ayodhya motion. It prohibits the conversion of anyplace of worship and offers for the upkeep of the non secular character of locations of worship because it existed on August 15, 1947.

• Part 3 of the Locations of Worship (Particular Provisions) Act bars the conversion, in full or half, of a spot of worship of any non secular denomination into a spot of worship of a distinct non secular denomination — or perhaps a completely different phase of the identical non secular denomination.

Different Necessary Articles Overlaying the identical subject:

📍Data nugget of the day: Locations of Worship Act

UPSC Prelims Apply Query Overlaying comparable theme:

(3) Take into account the next statements as regards to the Locations of Worship Act, 1991:

1. It states that the non secular character of anyplace of worship because it existed on August 15, 1950, should be maintained.

2. Part 3 of the Act bars the conversion, in full or half, of a spot of worship of any non secular denomination into a spot of worship of a distinct non secular denomination.

3. The Act was introduced in by the P V Narasimha Rao-led Congress authorities.

Which of the statements given above are appropriate?

(a) 1 and a couple of solely

(b) 2 and three solely

(c) 1 and three solely

(d) 1,2 and three

 

ECONOMY

Switzerland suspends MFN standing to India in tax avoidance settlement

Syllabus:

Preliminary Examination: Present occasions of nationwide and worldwide significance

Mains Examination: Normal Research-III: Indian Financial system and points regarding planning, mobilisation of sources, development, Results of liberalisation on the financial system

What’s the continued story: In what might doubtlessly influence Swiss investments in India and better taxes on Indian corporations working in Switzerland beginning January 1, 2025, Switzerland has suspended the Most-Favoured-Nation (MFN) clause within the Double Taxation Avoidance Settlement (DTAA) that India and Switzerland entered initially in 1994 and amended in 2010, an announcement launched by the Swiss authorities dated December 11 confirmed.

Key Factors to Ponder:

• What’s preferential remedy in a free commerce settlement?

• What’s the most favoured nation (MFN) precept?

• How does MFN standing suspension by Switzerland influence India?

• What are the benefits and drawbacks of MFN?

• Focus on the importance of the Supreme Court docket’s ruling on the DTAA in 2023. How did it affect India’s bilateral treaty obligations with Switzerland?

• What are the potential financial impacts of the Swiss determination to impose greater withholding taxes on dividends for Swiss investments in India?

• What’s a Double Taxation Avoidance Settlement (DTAA)?

• What’s the European Free Commerce Affiliation? 

• Map Work: Find Iceland, Liechtenstein, Norway, and Switzerland. 

Key Takeaways:

• This determination follows a ruling by the Indian Supreme Court docket final 12 months, which decided that the DTAA can’t be enforced except it’s notified underneath the Earnings-Tax Act. Consequently, Swiss corporations akin to Nestlé face greater taxes on dividends. 

• The Supreme Court docket ruling successfully overturned a Delhi Excessive Court docket order that had ensured corporations and people weren’t topic to double taxation whereas working in or for overseas entities.

• Tax consultants mentioned that the transfer by the Swiss might “influence investments” in India as dividends can be topic to “greater withholding tax”. This poses threat to the $100 billion funding dedication in India over a 15-year interval by the four-nation European Free Commerce Affiliation (EFTA), an intergovernmental grouping of Iceland, Liechtenstein, Norway and Switzerland underneath a commerce pact signed in March this 12 months.

• The Swiss authorities mentioned that the suspension was enforced resulting from an absence of “reciprocity” within the DTAA by the Indian authorities. They added that for dividends due on or after January 1, 2025, the residual tax fee within the supply state can be restricted to 10 per cent.

• The Supreme Court docket ruling had mentioned {that a} nation might declare advantages underneath a DTAA from the date of its treaty settlement and never from a later date when one other nation gained from coming into a brand new treaty.

• The case addressed bilateral treaty points, together with whether or not a rustic might invoke the MFN clause when the third nation within the DTAA was not an Organisation for Financial Co-operation and Growth (OECD) member on the time of signing, and whether or not the MFN clause might robotically apply or required a notification to take impact.

Do You Know:

• Most Favoured Nation is a remedy accorded to a commerce accomplice to make sure non-discriminatory commerce between two international locations vis-a-vis different commerce companions. The significance of MFN is proven within the reality that it’s the first clause within the Normal Settlement on Tariffs and Commerce (GATT). 

• Underneath WTO guidelines, a member nation can’t discriminate between its commerce companions. If a particular standing is granted to a commerce accomplice, it should be prolonged to all members of the WTO.

• MFN standing is extraordinarily gainful to growing international locations. The clear upsides are entry to a wider marketplace for commerce items, lowered price of export gadgets owing to extremely lowered tariffs and commerce limitations. These basically result in extra aggressive commerce.

• MFN additionally cuts down bureaucratic hurdles and varied sorts of tariffs are set at par for all imports. It then will increase calls for for the products and giving a lift to the financial system and export sector. It additionally heals the unfavorable influence triggered to the financial system resulting from commerce protectionism. This irks the home trade. Nonetheless, in the long term, it makes them extra aggressive and sturdy.

Different Necessary Articles Overlaying the identical subject:

📍Most Favoured Nation standing: What’s all of it about?

UPSC Prelims Apply Query Overlaying comparable theme:

(4) Take into account the next statements:

1. Most Favoured Nation is a remedy accorded to a commerce accomplice to make sure non-discriminatory commerce between two international locations vis-a-vis different commerce companions.

2. It’s the first clause within the Normal Settlement on Tariffs and Commerce.

3. MFN standing is extraordinarily gainful to growing international locations.

How lots of the statements given above are appropriate?

(a) Just one

(b) Solely two

(c) All three

(d) None

How Railway (Modification) Invoice might influence the nationwide transporter 

Syllabus:

Preliminary Examination: Present occasions of nationwide significance and financial improvement

Mains Examination: Normal Research-II, III: Authorities insurance policies and interventions Infrastructure: Power, Ports, Roads, Airports, Railways and many others.

What’s the continued story: Amid heated arguments between the federal government and opposition inside Parliament, Lok Sabha on Wednesday (December 13) handed the The Railways (Modification) Invoice, 2024. 

Key Factors to Ponder:

• What are the highlights of the Railways (Modification) Invoice, 2024? 

• Why did the federal government deliver the invoice?

• Learn concerning the Indian Railway Board Act, 1905, and the Railways Act, 1989.

• Learn concerning the historical past of Indian railways.

• What are the problems and issues related to the Indian railways?

• What initiatives have been taken by the federal government for the modernization of Indian railways?

Key Takeaways:

• The Invoice seeks to repeal the Indian Railway Board Act, 1905 and incorporate its provisions into the Railways Act, 1989. And though the contents of the brand new laws itself didn’t obtain a lot criticism, many MPs expressed issues concerning the Invoice failing to deal with bigger points pertaining to the railways together with security, vacancies, and decentralisation of energy on the zonal and division ranges.

• The development of India’s railway community started as a department of the Public Works Division earlier than Independence. When the community expanded, Indian Railways Act, 1890, was enacted to allow correct functioning of various railway entities. Later, the railway organisation was separated from the Public Works Division and the Indian Railway Board Act, 1905 was then enacted to supply the Railway Board with sure powers or features underneath the Indian Railways Act, 1890.

• Whereas the Act of 1890 was repealed in 1989 when the Railways Act was enacted, the Railway Board Act, 1905 remained in existence, and Chairman & members of the board continued to be appointed underneath this regulation.

• The federal government mentioned that the brand new Invoice will simplify the regulation by integrating the Railway Board (1905 Act) into the Railway Act. In addition they mentioned that it will cut back the necessity to refer to 2 legal guidelines. The Invoice was launched in Lok Sabha on August 9, 2024.

Do You Know:

• The Invoice amends Part 2 of the Railways Act, 1989, and inserts a brand new chapter IA which pertains to the Railway Board. It makes provision to supply sure powers to the Railway Board “as prescribed by the Central Authorities”.

• It says that the Centre could make investments the Railway Board, both completely or topic to any situations, with all or any of the powers or features of the Central Authorities underneath this Act with respect to any or all Railways.

• Together with this, the Chairman and members of the board appointed underneath the 1905 Act shall be deemed to have been appointed underneath this Act as nicely. The Railway Board is already in existence, and the Invoice doesn’t suggest to create any new Board or physique.

Different Necessary Articles Overlaying the identical subject:

📍Why Railways Modification Invoice 2024 was launched, how MPs reacted to it

UPSC Prelims Apply Query Overlaying comparable theme:

(5)The Indian Railways renewed an present pact with which nation for technological collaboration, monitor upkeep, and infrastructure modernisation within the rail sector?

(a) United States

(b) Norway

(c) Switzerland

(d) France

 

EXPLAINED 

First ice-free day within the Arctic might come by 2030, says new research: Why does it matter?

Syllabus:

Preliminary Examination: Present occasions of nationwide and worldwide significance, Atmosphere

Mains Examination: Normal Research-III: Conservation, environmental air pollution and degradation, environmental influence evaluation.

What’s the continued story: The Arctic Ocean may even see its first ice-free day — when its waters have lower than a million sq. kilometres of sea ice — by 2030, or ahead of beforehand anticipated, in accordance with a brand new research.  

Key Factors to Ponder:

• What’s the significance of the primary ice-free day within the Arctic, and what components might contribute to its incidence by 2030? 

• Analyze the influence of the albedo impact regarding Arctic sea ice loss. How does this phenomenon contribute to international local weather change? 

• Focus on the potential international penalties of an ice-free Arctic Ocean. 

• How may an ice-free Arctic Ocean have an effect on mid-latitude climate patterns and ecosystems? 

• What measures are essential to mitigate the impacts of Arctic sea ice loss? 

Key Takeaways:

• The situation is unlikely to occur however it’s doable, and its plausibility is growing as people proceed to emit heat-trapping greenhouse gases (GHGs) at unprecedented ranges, the evaluation mentioned.

• The research, ‘The primary ice-free day within the Arctic Ocean might happen earlier than 2030’, was revealed within the journal Nature Communications. It was carried out by Céline Heuzé from the College of Gothenburg (Sweden), and Alexandra Jahn from the College of Colorado Boulder (USA).

• Arctic sea ice has been shrinking for many years. Within the final 40 years, the ocean ice extent has been lowering by 12.6% every decade, a tempo of decline that’s unmatched by any level in no less than the final 1,500 years, in accordance with a 2023 report within the MIT Local weather Portal.

• Though there’s uncertainty over when precisely the primary ice-free day will happen, there’s consensus amongst scientists that it’ll undoubtedly happen sooner or later. The one method to thwart the primary ice-free day is to dramatically cut back GHG emissions, which is unlikely to occur anytime quickly. In 2023, the globally averaged floor concentrations of carbon dioxide, methane, and nitrous oxide reached new highs, in accordance with a report by the World Meteorological Group (WMO).

• The research additionally mentioned that the primary ice-free day happens throughout the subsequent few years, it could be adopted by a number of extra. The local weather mannequin simulations predicted that the ice-free interval can final between 11 and 53 days. Which means the Arctic may witness the primary ice-free month.

Do You Know:

• The lack of sea ice within the Arctic would have far-reaching penalties. For instance, it will exacerbate local weather change. This might occur resulting from one thing known as the Albedo impact, or how a lot daylight (photo voltaic vitality) a floor displays. Sea ice retains temperatures down within the polar areas, as its shiny, white floor displays extra daylight again to area than liquid water. As soon as it vanishes, the Arctic will turn into even hotter, triggering extra excessive climate occasions within the mid-latitudes, in accordance with scientists.

Different Necessary Articles Overlaying the identical subject:

📍 Warming Arctic Ocean driving intense carbon emissions, finds NASA research

📍 How the most popular summer time ever affected the Arctic: 5 issues it’s essential know

EPFO works on plan to introduce ATM card facility for withdrawal of funds	Retirement fund physique Workers’ Provident Fund Organisation (EPFO) is working in the direction of rolling out a facility that may permit members to withdraw funds from their corpus by an ATM card. The ATM-card sort withdrawal from the EPFO, which might be topic to a sure ceiling, is prone to be rolled out by the center of subsequent 12 months, officers mentioned. The transfer by the EPFO for an ATM-card sort facility comes within the wake of issues over a excessive fee of rejection of EPF remaining settlements in latest months.
India-UAE’s frequent aim to protect, promote stability, safety of our areas, says Jaishankar	Exterior Affairs Minister S Jaishankar Friday mentioned India and UAE have frequent curiosity in preserving and selling the soundness, safety and prosperity of each the area. He additionally mentioned enhancing defence and safety cooperation between the 2 nations will contribute to this aim.
Dispute over Kalyan’s Durgadi Fort: Why court docket sided with govt	On September 20, 1968, Shiv Sena founder Bal Thackeray unfurled a saffron flag on the Durgadi Fort in Kalyan, lengthy a web site of competition between native Hindu and Muslim communities. This was a pivotal second in Maharashtra’s political historical past, because it marked the Sena’s very first outstanding foray into Hindu revivalism. The earliest references to the Durgadi Fort date to the sixteenth century when Kalyan, some 50 km northeast of present-day Mumbai, was a outstanding buying and selling port underneath the Bijapur-based Adil Shahi Sultanate. The fort, unfold out over roughly 70 acres, stands on the northeastern nook of the town, on an elevated floor subsequent to the Ulhas river. Based on historic paperwork compiled by the erstwhile British authorities, the fort has existed since 1570, with British accounts stating that it housed a “Musalman tomb, prayer place, and different buildings”.

 

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