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Daily News Analysis 23-05-2015

 

S.NO.

NEWS   ITEM

SYLLUBUS

ESSENCE   OF THE ARTICLE

1.         

 

Prabhu for boosting ties with Dhaka (Page 10)

a)     I.R

a)     A partnership between New Delhi and   Dhaka to save the rare ecosystem of Sundarbans and that agreement should be   signed in a boat - that was Union Minister Suresh Prabhus suggestion on   Environment Minister in 1998 to his counterpart in Dhaka which could not be   carried out.

2.

Ties with China looking up: Doval (Page 10)

a)     I.R

a)     Days after PM   Modis visit to China, National Security Adviser Ajit Doval said although   relations between the two countries were looking up, there was need for the   border guarding agencies to remain at a very high alert.

3.

IS cements grip on Syria-Iraq border (Page 12)

a)     International

a)     The Islamic   State group consolidated its control of the Iraq-Syria border after capturing   an Iraqi provincial capital and a famed Syrian heritage site in an offensive   that has forced a review of US strategy.

4.

More constitutional than political (Page 8)

a)     National

b)     Polity

a)     A reasonable   case can be made that the Delhi Lieutenant Governors discretionary powers do   not extend to the appointment of the Chief Secretary without the aid and   advice of the CM and his Council of Ministers.

5.

Time ripe to shift gears for double growth: Jaitley (Pages   1 and 10)

a)     National

b)     Economy

a)     Singnalling a   shift of gears in steering the economy towards double-digit growth, Union   Finance Ministry Jaitley said that he was not happy with India just being the   fastest growing economy.

6.

Need fresh outlook to growth: Rajan (Page 14)

a)     Economy

a)     RBI Governor   Rajan has said countries need to adopt policies that add to growth rather   than ones that shift growth from one region to other.

7.

SpaceX cargo ship returns to Earth (Page 20)

a)     S&T

a)     NASA said   that SpaceXs unmanned Dragon supply ship left the International Space Station   and hours later splashed down in the Pacific Ocean off the coast of   California.

 

 

 

 

 

 

S.NO.

NEWS   ITEM

SYLLUBUS

BACKGROUND

IMPORTANT   POINTS

1.         

 

Prabhu for boosting ties with Dhaka (Page 10)

a)     I.R

a)     India – Bangladesh   relations

b)     Land Border Agreement (LBA)

c)     Joint water management

d)     Energy cooperation

e)     Climate change

f)     Sundarbans

a)     A partnership between New Delhi and   Dhaka to save the rare ecosystem of the Sundarbans and that agreement should   be signed in a boat - that was Union Minister Suresh Prabhus suggestion as   Environment Minister in 1998 to his counterpart in Dhaka which could not be   carried out.

b)     Ahead of PM Modis visit to Dhaka, he   said his earlier suggestion could still be followed up with more such   agreements between the two nations on various other fronts including climate   change, transportation and agriculture.

c)     Having   ratified the four-decade-old India-Bangladesh LBA, India is keen to extend   its partnership with Bangladesh to areas such as climate change, energy and   transportation.

d)     Voicing for a joint water management   between the two countries, he said that it will be a great advantage to do   joint water management, and save us from natural disasters. If we put up a   joint water management front with India, Bangladesh and even Nepal, we can   meet the challenge of climate change.

e)     He suggested cooperation even in the   field of agriculture, and setting up of a grid for energy cooperation. India   and Bangladesh are trying to work together in sector of railways.

2.

Ties with China looking up: Doval (Page 10)

a)     I.R

a)     India – China   relations

b)     Border dispute

c)     BSF

d)       Border-guarding agencies

e)     McMahon Line

a)     Days after PM   Modis visit to China, National Security Adviser Ajit Doval said that though   relations between two countries were looking up, the border-guarding agencies   had to remain at a very high alert.

b)     He said once   the boundary issue was settled, India might have to adopt a different   approach towards the China border. Observing that the neighbouring country   had emerged as the worlds economic power, the NSA said its relations with   Pakistan also needed to be taken into account.

c)     He said we   are particularly concerned about eastern sector, where the claims have been   made on Tawang (located in Arunachal Pradesh), which is totally in   contravention of accepted principles, expressing concern that China had   recognised the McMahon Line only till erstwhile Burma.

d)     NSA said that   apart from physical security (which was a very important component of border   management), border guarding agencies should factor in associated variables   such as bilateral equations, changing multilateral systems and situations in   bordering States, to develop a long-term response strategy.

e)     He suggested   that the agencies could have their own research and development units for   conducting studies based on observations regarding activities on both sides   of the border at political, diplomatic and economic levels.

3.

IS cements grip on Syria-Iraq border (Page 12)

a)     International

a)     Islamic State (IS)

b)     Syria and   Iraq crisis

c)     Ramadi

d)     Palmyra  

a)     The IS   group consolidated its control of the Iraq-Syria border after capturing an   Iraqi provincial capital and a famed Syrian heritage site in an offensive   that has forced a review of US strategy.

b)     It   was the last regime-held border crossing with Iraq. Except for a short   section of frontier in the north under Kurdish control, all the rest are now   held by IS.

c)     The   jihadist surge (which has also seen it take Anbar capital Ramadi and the   ancient Syrian city of Palmyra in the past week) comes despite eight months   of US-led air strikes.

4.

More constitutional than political (Page 8)

a)     National

b)     Polity

a)      Chief Secretary

b)     Lieutenant Governor

c)     Article 329AA   of the Constitution

d)     Government of   National Capital Territory of Delhi Act 1991 (GNCT Act)

e)     Article 239

f)     Articles   239AA and 239AB

g)     Article   239AA(4)

a)     The struggle between the Delhi CM Arvind   Kejriwal and Delhi Lieutenant Governor Najeeb Jung raises several   constitutional and legal issues on the scope and extent of their powers in   Delhi. The deadlock was sparked by Jungs appointment of an IAS officer as   acting Chief Secretary.

b)     This was opposed by Kejriwal on grounds   that it fell beyond the scope of Lieutenant Governors powers to do so without   the aid and advice of the Ministers. A Home Ministry notification issued by   the Centre tilts the balance more in favour of the Lieutenant Governor,   indirectly expanding its own powers in the region.

c)     Although the dispute is coloured by   highly partisan political contestations, the issue is more a matter of   constitutional and statutory interpretation.

d)     The laws relevant to understanding the   relation between the Lieutenant Governor and the CM in Delhi are Article   329AA of the Constitution, the GNCT Act 1991, the rules formulated under this   Act (Transaction of Business Rules), and relevant judicial pronouncements. It   needs to be said that the precise contours of sharing of powers between   Lieutenant Governor and Delhi govt are a grey area.

e)     Yet, a reasonable case may be made to   suggest that the Lieutenant Governors discretionary powers do not extend to   the appointment of the Chief Secretary without the aid and advice of CM and   his Council of Ministers. Further, it will be argued that the Home Ministry   notification may not stand test of constitutionality, being ultra   vires of Article 329AA of the Constitution.

f)     As far as States are concerned, Chief   Secretary is appointed by the CM and the Ministers. The reasoning for this   can be found in these landmark Supreme Court judgments. E.P   Royappa (1974) states that the post of Chief Secretary is a highly   sensitive post. It lynchpin in the administration and smooth functioning of   administration requires that there should be complete rapport and   understanding between the Chief Secretary and the CM.

g)     The underlying premise also is that the   State Govt or the CM has confidence that the appointee will deliver the goods   and both are administratively quite compatible with each other. If there is a   loss of confidence or the compatibility comes to an end, these precedents   clarify the rationale that the CM ought to have the discretion to appoint   Chief Secretaries in the interest of a smooth functioning representative   government.

h)     But, Delhi is a peculiar case, neither   being a State, nor a UT. So, Article 239 (which deals with UTs) does not   apply to Delhi. Instead, Delhi is governed by Articles 239AA and 239AB,   introduced by a constitutional amendment in 1991. The problem with the Home   Ministry notification is that while it conflates Delhi as a UT to suit its   own interests, it treats it as a State.

i)     The crucial constitutional provision   relevant to the issue is Article 239AA(4) which says that there shall be a   Council of Ministers in the Legislative Assembly, with the CM at the head to   aid and advise the Lieutenant Governor in the exercise of his functions in   relation to matters with respect to which Legislative Assembly has power to   make laws, except in so far as he is, by or under any law, required to act in   his discretion.

j)     Two conclusions can be drawn from reading   the provision - (a) the Lieutenant Governor will have to take decisions based   only on the aid and advice of CM in exercise of all matters on which   Legislative Assembly has power to make laws. Consequently, Legislative   Assembly of Delhi has power to make laws on all matters in the State List and   the Concurrent List in the VIIth Schedule of the Constitution, except entries   related to public order, police and land.

k)   (b) the Lieutenant Governor can act at his   own discretion only when there is a specific law conferring this discretion on   him. Section 41 of GNCT Act deals with the discretionary powers of Lieutenant   Governor. There is no such law granting discretion to the Lieutenant Governor   for making such appointments currently.

l)     Therefore, the following can be   reasonably concluded based on a joint reading of the observations - First, as   per Article 239AA(4) read with Section 41 of the GNCT Act, the Lieutenant   Governor does not have any discretion to appoint the Chief Secretary and   other such posts, nor is there any special law granting him this discretion.

m)     Second, the Lieutenant Governor is bound by   the aid and advice of the Council of Ministers and CM in all matters that   concern the Legislative Assembly. Third, for all practical purposes, the   intention of Parliament was to treat Delhi govt as a representative govt.

n)     The Home Ministrys notification states   that apart from public order, police and land, the category of services also   falls within the scope of Central Govt. Therefore, Centre has decided to   treat Delhi as any other UT when it comes to appointments by Public Service   Commission. Article 239AA gives the Legislative Assembly of Delhi power on   all matters under the State List, and Entry 41 of State List includes State   Public Service Commissions.

o)     The act of Kejriwal and Jung rushing to   meet President for a decision on the dispute is justified under Article   239AA(4). However, the Transaction of Business Rules suggest that when there   is a dispute between the CM and the Lieutenant Governor, there must be an endeavour   to settle it through discussions, and only then must a referral be made to   the President.

p)     In   the larger interest of representative democracy, a clear interpretation of   existing laws would adequate, as has been established. In sum, the question   of statehood for Delhi need not be raised to resolve the problem.

5.

Time ripe to shift gears for double growth: Jaitley (Pages   1 and 10)

a)     National

b)     Economy

a)     Economic growth

b)     GDP

a)     Singnalling a shift of gears in steering   economy towards double-digit growth, Union Finance Ministry Jaitley said that   he was not happy with India just being the fastest growing economy.

b)     He said tax collections improved during   April. Bad loans came off their peak levels to 5.2 percent during the   three-month period ended March.

c)     He said that his focus now would be on   public investments in irrigation and rural infrastructure.

6.

Need fresh outlook to growth: Rajan (Page 14)

a)     Economy

a)     Economic growth

a)     RBI Governor has said countries need to   adopt policies that add to growth rather than ones that shift growth from one   region to other.

b)     He called for the need to have a   well-capitalised multilateral organisations with widespread legitimacy and   better international safety nets.

c)     He argued that there was tremendous   pressure for growth on both industrial countries and emerging markets. While   growth was yet to pick up despite various efforts, there was a trend of   countries stealing growth from each other i.e. shifting demand by decreasing   exchange rates rather than creating own demand through appropriate policies.

d)     He said these kinds of policies that   shift growth from other countries had the effect of creating new social   instabilities. Unfortunately, the policies that add to growth are either of   the limited use today or really painful politically. As a result, more and   more countries resort to policies that shift growth.

7.

SpaceX cargo ship returns to Earth (Page 20)

a)     S&T

a)     SpaceX

b)     International Space Station (ISS)

c)     Cape Canaveral

 

a)     NASA said that SpaceXs unmanned Dragon   supply ship left ISS and hours later splashed down in the Pacific Ocean off   the coast of California.

b)     The Dragon is the only supply ship   capable of returning to Earth intact. This time it carried some1400 kg of   cargo back from the orbiting outpost.

c)     The spaceship launched from Cape   Canaveral (Florida) on April 14 and arrived at ISS three days later with a   load of food and supplies.

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