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My Notes 03 Dec 2016 03-12-2016
Dear Students:
Please Follow My Notes and My Video 03-December-2016
http://laex.in/civilsprep/upsc-ias-the-hindu-and-indian-express-current-affairs-03-december-2016-2-2-2-2-2/

Editorial

Indian express

Nepal – cracks on show

The root of the problem in Nepal has been the leadership’s top down approach to writing a new constitution. Issues of boundaries and ethnicities are deeply emotional and tough to reconcile. Balancing the aspirations of minorities and ethnicities need political maturity, ideological magnanimity and strong institutions. Lack of consensus among the political parties is the major challenge to address. Political parties shall create a proper political climate for the reconciliation to work and to make institutions to work. It appears missing in Nepal.

 

Unconstitutional patriotism.

If institutions overstep their mandate, resort to populism, make impractical decisions, unreasoned they loose their authority. Recent Supreme court Judgement on National anthem has above implications.

  1. Judgement is not based on a well reasoned argument.
  2. In a liberal society, not everything that is desirable can be made compulsory. It may convert a genuine respect to mere a performance.
  3. The terms used in Judgement Such as constitutional patriotism do not go with nationalism in their literal sense.
  4. The order has no sense of practicality.
  5. It has narrowly constructed the meaning of rights of citizens.

 

 

Regulating lightly. – regulation of digital economy

Digital economy – an aspiration of Prime minister can survive with proper safeguards, checks and balances. In this india shall be guided by USA rather than Europe.the failure of Europe to be an epi centre of tech innovation is the over regulation. Minimal, efficient regulation is the key.

 

The Hindu – Editorial

Making a legislative court

Public interest litigation(PIL), primacy for DPSP and fundamental duties over rights, populism is making the judiciary to overstep its role and to involve itself with matters of legislation.

Public interest litigation –it dilutes the locus standii and it envisages a representative standing and citizen standing. Here, representative standing mean any public spirited individual can bring it to the court notice about a group of victims facing injustice. In citizen standing, a petitioner stands for entire citizenary.

 

Criticism –

  1. PIL is more becoming a Publicity interest litigation and source of populism by the court.
  2. In PIL, reasoned Judgements are becoming exceptional.
  3. It is facilitating the Growth of Judicial activism and courts are often criticized as second legislative houses.
  4. Judgements under PIL are changing the very nature of Indian constitution. Fundamental rights are made subservient to the higher values of National integration or social revolution.
  5. It has created the rights with out remedies and remedies with out rights. It has given many unnamed rights without any chance of enforceability and its converse, grant of relief like state compensation as largesse without fixing responsibility.

So,it is been criticized that With PIL, the post-Emergency Supreme Court is very rarely acourt for judicial review and far more often,the court for judicial populism.

 

Staring at a slowdown

Demonetization drive is expected to slow down the economic growth as consumer demand is decreasing. In this worst effected are the farmers and small manufacturers. It is reflective in the recently released Purchase managers index.

 

Glossary

Purchase managers index

The Purchasing Managers Index (PMI) is an indicator of the economic health of the manufacturing sector. The PMI is based on five major indicators: new orders, inventory levels, production, supplier deliveries and the employment environment. It is given by institute for  supply management.

 

Classes action law suit

A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL").

 

Constitutional patriotism

It is given by Habermas. According to it, the terms that bind citizens to each other derive from constitution itself and no other motivation is required.

 

Question of the day

PIL has become an instrument of judicial activism. If not corrected, it can erode the authority of Judiciary itself. Express your opinions. Suggest measures to improve the same.

 

( Model Answers for the same will be discussed on Sunday. Students can recommend few of the questions from insightsonindia for model answers.)

Rules –

  1.  question shall pertain to the issues of the  week in discussion.
  2. Answers will be discussed and no model answers are posted as of now.
  3. As of now, Answers of the students will not be corrected by the teacher. 

 

 

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