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A Constitution Bench of the Supreme Court unanimously upheld the power of the President to abrogate special status of Jammu and Kashmir under Article 370 of the Constitution, leading to the reorganisation of the full-fledged State to two Union Territories and the removal of its privileges.
The five-judge Bench headed by Chief Justice of India D.Y. Chandrachud confirmed that the President could “unilaterally issue a notification that Article 370 ceases to exist”.
The court held that the President had the power to do so “if special circumstances warrant a special solution”.
The court cannot sit in appeal over the decision of the President on whether the special circumstances which led to the arrangement under Article 370 have ceased to exist.
Editorial
Harvest the Odisha story to ensure food security (Page no. 8)
(GS Paper 3, Economy)
As the world’s leaders are in a huddle for COP28, or the 2023 United Nations Climate Change Conference (November 30 to December 12, 2023), in Dubai, the United Arab Emirates, the worsening impact of the climate crisis paints a grim picture for the planet, peace and prosperity.
Disasters are projected to increase to 560 per year, that is 1.5 per day; hunger and malnutrition are expected to grow by 20% if the climate change impact goes unchecked, and food productivity is expected to decline by 21% due to global warming.
As the world witnesses a worsening global food crisis precipitated by the mounting climate crisis, spiralling conflicts and distressed livelihoods, Odisha’s transformational journey is increasingly being cited as a model and a source of ideas for creating food security that is built around equity and sustainability.
Odisha’s story has three specific themes in the current scenario: how the State strengthened food security by transforming agriculture through a community-driven approach and built resilience to climate impact.
Opinion
Decoding Putin’s dramatic visit to the Gulf (Page no. 9)
(GS Paper 2, International Relation)
Russian President Vladimir Putin, largely confined to the Kremlin due to western restrictions, on December 6 dramatically set out on whirlwind tours to Abu Dhabi and Riyadh in one day.
The next day, he received Iranian President Ebrahim Raisi in Moscow. And on December 8, Mr. Putin announced that he would be standing for elections in 2024, affirming that he would be leading Russia at least up to 2030 and possibly beyond.
Mr. Putin’s visit to the Gulf was marked by considerable pomp on the part of the hosts and affirmations of mutual goodwill and camaraderie.
The UAE ruler, Sheikh Mohamed bin Zayed, spoke of the “importance of strengthening dialogue and cooperation”, while Mr. Putin told his Saudi host that “nothing can prevent the development of our friendly relations”.
A Russian spokesman described the talks in the Gulf capitals as “a concentrated shot”. The agenda was self-evident: continued cooperation among “OPEC +” members on oil policy; exchange of views on the Ukraine and Gaza conflicts; increasing humanitarian assistance to the Palestinians trapped in Gaza; and enhancing bilateral-political-economic ties. Cooperation among “OPEC +” countries led by Saudi Arabia and Russia, for instance, has ensured that the agreed production cuts are adhered to and oil prices, much to the U.S.’s chagrin, remain at levels that serve the producers’ interests.
Despite their long-standing alliance with the U.S., both the UAE and Saudi Arabia have in recent years been asserting “strategic autonomy” and have prioritised expanding ties with China and Russia.
The UAE is now Russia’s most important trade partner in the Gulf. Neither the UAE nor Saudi Arabia have supported the U.S.-sponsored sanctions on Russia or criticised the latter for the Ukraine war.
Surge in illegal Indian migrants crossing into the U.S. from Canada (Page no. 9)
(GS Paper 2, International Relation)
A question that was raised in the Rajya Sabha a few days ago has put the spotlight on the issue of Indians illegally entering the United States.
In his reply to a question, the Minister of State for External Affairs, V. Muraleedharan, quoted data from the U.S. Customs and Border Protection and said that U.S. officials encountered close to 1 lakh illegal Indian migrants just this year. This trend of thousands of Indians trying to enter the U.S. illegally is new; it has been seen in the last four years.
A decade ago, a little over 1,500 Indian illegal migrants were stopped by the U.S. border authorities. The number increased marginally in the following years but remained below the 10,000 mark till 2019.
But since 2020, there has been a dramatic rise in the number of Indians trying to cross the border illegally with the figure touching 96,917 in 2023.
Text & Context
Can Bihar increase its reservation pool? (Page no. 10)
(GS Paper 1, Social Issues)
On November 17, the Governor of Bihar approved two laws increasing the quantum of reservations in jobs and education in the State to 75%, including 20% for Scheduled Castes, 2% for Scheduled Tribes, 18% for Other Backward Classes, and 25% for Extremely Backward Classes, and 10% for economically weaker sections (EWS). The two laws have once again sparked debate around the permissible limits of reservations in India, particularly in view of the “50%” limit prescribed by the Supreme Court of India in the Mandal Commission case (Indra Sawhney, 1992), as well as the court’s emphasis on “adequate” representation of the oppressed classes as opposed to “proportionate representation”.
The Supreme Court has historically maintained that reservations, whether in jobs or education, should not exceed 50% of the total seats/posts.
In 1963, a seven judge bench in M.R. Balaji explained that reservations were in the nature of an “exception“ or “special provision“ under our constitutional scheme.
Therefore, they cannot be provided for more than 50% of the posts or seats. Though this understanding of reservations changed in 1976 — with it being recognised that reservations are a facet of equality rather than an exception to it — the 50% limit has remained unaltered.
What are FSB’s concerns about crypto asset intermediaries? (Page no. 10)
(GS Paper 3, Economy)
Published last month, the international Financial Stability Board (FSB)’s latest report on crypto-asset intermediaries sought measures to enhance cross-border cooperation and information sharing among local authorities.
This is to effectively regulate and address gaps in multi-function crypto-asset intermediaries (MCIs) operating globally.
Specifically referring to the FTX collapse in November 2022, it highlights potential risks associated with MCIs that combine different activities within the platform.
The report defines MCIs as individual firms, or groups of affiliated firms that offer a range of crypto-based services, products and functions which primarily revolve around operating of the trading platform.
Examples include Binance, Bitfinex and Coinbase. In the traditional financial landscape, the functions are provided by separate entities, instead of the same entity. This prevents conflict of interest and promotes market integrity, investor protection and financial stability.
News
President’s actions during State Emergency open to scrutiny: SC (Page no. 12)
(GS Paper 2, Judiciary)
The Supreme Court held that the declaration of State Emergency under Article 356 and the subsequent actions of the President should have a “reasonable nexus”.
If so, the petitioners could question whether the object of the President, while declaring a State Emergency on the ground of failure of constitutional machinery in Jammu and Kashmir in December 2018, was to abrogate the special status of Jammu and Kashmir and bifurcate the full-fledged State to two Union Territories.
The crisis began in Jammu and Kashmir when Chief Minister Mehbooba Mufti resigned on June 19, 2018, after the BJP withdrew support.
The Governor, the very next day, issued a Proclamation under Section 92 of the Constitution of Jammu and Kashmir, which entrusted him with the powers and functions of the State government “in the event of a failure of the constitutional machinery in the State”.
‘SC verdict has strengthened the spirit of Ek Bharat, Shreshtha Bharat’ (Page no. 13)
(GS Paper 2, Judiciary)
On December 11, the honourable Supreme Court of India delivered a historic judgment on the abrogation of Articles 370 and 35(A).
Through its judgment, the court has upheld the sovereignty and integrity of India, something that is cherished by every Indian.
The court rightly observed that the decision taken on August 5, 2019 was done with the purpose of enhancing constitutional integration and not disintegration. The court has also recognised the fact that Article 370 was not permanent in nature.
Jammu, Kashmir, and Ladakh’s breathtaking landscapes, serene valleys, and majestic mountains have captivated the hearts of poets, artists, and adventurers for generations.
It is a place where the sublime meets the extraordinary, where the Himalayas reach for the sky, and where the pristine waters of its lakes and rivers mirror the heavens.
But, for the past seven decades, these places have witnessed the worst form of violence and instability, something which the wonderful people never deserved.
New criminal bill with changes set to be rolled out (Page no. 14)
(GS Paper 2, Judiciary)
Union Home Minister Amit Shah informed members of the Lok Sabha on Monday that the three criminal codes that seek to replace the British-era laws will be withdrawn and replaced with three new Bills after incorporating the changes recommended by a parliamentary committee.
The three Bills, along with two other Bills on reservation for women in Assemblies of Union Territories of J&K and Puducherry.
The three criminal codes — Bharatiya Sakshya Bill, 2023, Bharatiya Nyaya Sanhita Bill, 2023, and the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 — that sought to replace the Indian Evidence Act, 1872, Indian Penal Code, 1860, and Code of Criminal Procedure, 1898, were introduced in the Parliamen
World
Draft climate deal fails to ‘phase out’ fossil fuel (Page no. 15)
(GS Paper 2, Judiciary)
After a week of expectations that negotiators at the ongoing climate talks in Dubai might agree to a ‘phase out’ of fossil fuels, the phrase has been edited out, according to the latest draft made public late in the evening.
However, the text has emplyed stronger language against coal, with a recommendation to “rapidly phase down unabated coal,” that countries such as India, Indonesia and China — major consumers of coal power and developing countries at that — could find objectionable.
Observers of COP-28 say that even a mention of the need to do away with fossil fuels in the final text, which is expected today, would be a significant step towards bringing parity between coal, oil and gas, and the need to do away with them to keep temperature increase below 1.5°C by the end of the century.
On fossil fuels, the text now exhorts countries to “reduce both consumption and production of fossil fuels, in a just, orderly and equitable manner so as to achieve net zero by, before, or around 2050 in keeping with the science.”
Business
Retail inflation is stable now: FM (Page no. 16)
(GS Paper 3, Economy)
The country’s consumer price inflation is now “stable” and within the official tolerance band of 2% to 6%, Finance Minister Nirmala Sitharaman conveyed to the Lok Sabha, attributing weakening price rise largely to a steady drop in core inflation.
India’s retail inflation has declined from an average of 7.1% in April-October 2022 to 5.4% in the corresponding period of 2023.
Core inflation [that excludes food and energy costs] has declined from 5.1% in April 2023 to 4.3% in October 2023,” the FM said in response to a question from MP Sushil Kumar Rinku on retail inflation “increasing steeply”.
Temporary increases in inflation “on a few occasions were caused by demand-supply mismatches arising out of global shocks and adverse weather conditions” and the government and the Reserve Bank of India had helped resolve such mismatches and reined in inflation through proactive supply-side initiatives and effective demand stabilisation measures, she underlined.
Science
Origin mystery of mummified baboons finally cracked (Page no. 22)
(GS Paper 3, Science and Technology)
In 1905, Louis Lortet and Claude Gaillard travelled from France to Luxor, an Egyptian city on the banks of the river Nile, to investigate the discovery of mummified monkeys in Gabbanat el-Qurud, a.k.a. ‘Valley of the Monkeys’.
Lortet and Gaillard, both Egyptologists, were able to retrieve 17 skulls and a large quantity of bones that belonged – surprisingly – to baboons. Baboons are not native to Egypt, and the scholars weren’t sure where they could have come from.
Indeed, for more than a century after their discovery, the origins of the baboons continued to puzzle scientists. An interdisciplinary team of scientists recently cracked this long-standing mystery.
The project was led by primatologist Gisela Kopp of the University of Konstanz, Germany, and the team’s paper was published in the journal eLife.