UPSC CURRENT AFFAIRS – 10 May 2024

InstaLinks : Insta Links help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically.

InstaLinks : Insta Links help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically.

Table of Contents:

GS Paper 2:

• Balancing Fundamental Rights and Directive Principles

Content for Mains Enrichment (CME)

• Constructed Wetlands

Facts for Prelims (FFP)

• Batagay crater

• Education in Mother Tongue

• N. Counter-Terrorism Trust Fund

• “Non-market economy” status

• India is now a net exporter of medical consumables and disposables

• India is now the world’s third-largest solar power generator

• Sperm Whale

Mapping

• Shinku La tunnel

Balancing Fundamental Rights and Directive Principles

#### GS Paper 2

Syllabus: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Source: TH

Context: In the case of Property Owners Association vs State of Maharashtra, the Supreme Court has an opportunity to settle a constitutional clash between fundamental rights and Directive Principles of State Policy.

What is the case about?

The case of Property Owners Association vs State of Maharashtra involves a constitutional clash between fundamental rights and Directive Principles of State Policy. It centres on interpreting Article 39(b) of the Constitution.

It raises two key questions:

• The interpretation of the term “material resources of the community” in Article 39(b) of the Constitution.

• Whether laws enacted to fulfil the objectives of Article 39(b) are exempt from legal challenges based on fundamental rights to equality and liberty, highlighting a conflict between fundamental rights (Part III) and Directive Principles of State Policy (Part IV) of the Constitution.

Conflict between FR and DPSP:

• Foundational Conflict: While Part III guarantees enforceable fundamental rights, Part IV outlines non-justiciable DPSPs. The tension arises from the divergent nature of these provisions, with rights being justiciable and DPSPs being non-justiciable.

• Clash of Priorities: Fundamental rights prioritize individual autonomy, while DPSPs focus on social and economic justice.

• Constitutional Foundation: Articles 13 and 37 establish the framework, protecting fundamental rights and making DPSPs non-justiciable.

• Early Judicial Clarification: The Supreme Court emphasizes implementing DPSPs without infringing fundamental rights in Mohd. Hanif Quareshi case.

• Article 31(C) Introduction: The 25th Amendment introduces Article 31C to shield laws for the common good from fundamental rights scrutiny.

• Kesavananda Bharati Case (1973): Validates Article 31C subject to judicial review.

• 42nd Constitutional Amendment: Expands Article 31C’s scope; declared unconstitutional in Minerva Mills case.

• Waman Rao Case: Upholds Article 31C’s validity by aligning with Articles 39(b) and (c).

• Coelho v. State of T.N (2007): SC said that it is the responsibility of the government to adopt a middle path between individual liberty (Fundamental Rights) and public good (Directive Principles).

FR Vs DPSP

Aspect | Fundamental Rights | Directive Principles of State Policy

Origin | Borrowed from the constitution of the USA | Borrowed from the constitution of Ireland

Coverage | Part III, Articles 12 – 35 | Part IV, Articles 36 – 51

Enforceability | Justiciable – legally enforceable by courts | Non-justiciable – not legally enforceable by courts

Connotation | Negative – Prohibit state actions | Positive – Enable state actions

Aim | Establish political democracy | Establish social and economic democracy

Driving Force | Legal sanctions | Moral and political sanctions

Focus | The welfare of individual, personal and individualistic | The welfare of the community, sectarian and socialistic

Enforcement | Automatically enforced, legislation is not always required (exception – Art. 17) | Legislation required for enforcement

Consequences of Violation | Violation may invalidate the law | The violation does not invalidate the law, judiciary may uphold law enacted to fulfill directive

Similarities Between Fundamental Rights and DPSP:

• Both are borrowed features of the constitution.

• Both aim to achieve inclusive and equitable growth of the nation.

• Both are backed by broader constitutional provisions.

• Both are critical for strengthening India’s democratic setup.

• Both serve as guiding principles for the judiciary in determining constitutionality.

• The genesis and objectives of both parts have a common aim in responding to societal needs as envisioned by the constitution makers.

The Directive Principles of State Policy and the Fundamental Rights together form the backbone of the Indian Constitution. These two sets of principles embody the core values and philosophy upon which the Constitution is built. Granville Austin, a renowned constitutional expert, has aptly described them as the ‘Conscience of the Constitution.’

Directive principles and fundamental rights are intricately linked in the Indian Constitution. While fundamental rights protect civil and political liberties, directive principles address social and economic rights. Despite being non-justiciable, directive principles hold significant importance. Over the years, the Supreme Court has emphasized their complementary nature. The court has stressed the integrated scheme of fundamental rights and directive principles, advocating for a harmonious interpretation to achieve broader socio-economic goals. It has also highlighted the responsibility of the government to strike a middle path between individual liberty and public good, ensuring a balanced approach to governance.

Conclusion:

The Property Owners case presents an opportunity to reaffirm the core principles of equality, liberty, and social justice in the Indian Constitution. By balancing individual rights with collective welfare, the judiciary can strengthen India’s constitutional democracy, ensuring justice and equity in governance.

Insta Links:

• Fali S Nariman on Basic Structure Doctrine

Mains Link:

Q1. ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (USPC 2021)

Q2. “Parliament’s power to amend the Constitution is limited power and it cannot be enlarged into absolute power.” In light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power. (UPSC 2019)

Prelims Link:

Q1. Which part of the Constitution of India declares the ideal of a Welfare State? (UPSC 2020)

(a) Directive Principles of State Policy (b) Fundamental Rights (c) Preamble (d) Seventh Schedule

Ans: (a)

Q2. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC 2020)

• Directive Principles of State Policy

• Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3

Ans: (d)

Q3. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (UPSC 2020)

• They shall be enforceable by courts.

• They shall not be enforceable by any court.

• The principles laid down in this part are to influence the making of laws by the State.

Select the correct answer using the code given below:

(a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only

Ans: (d)

Constructed Wetlands

#### Content for Mains Enrichment (CME)

Source: DTE

Constructed wetlands are engineered ecosystems designed to replicate the functions of natural wetlands for the purpose of treating wastewater. These systems utilize vegetation, soil, and microbial processes to remove contaminants and pollutants from water before it is discharged back into the environment.

Constructed wetlands are effective in treating various types of wastewater, including domestic sewage, industrial effluents, and stormwater runoff. They are often used as an alternative to traditional wastewater treatment methods, offering advantages such as lower operational costs, environmental benefits, and versatility in design and application. Additionally, constructed wetlands can provide habitat for wildlife, improve water quality, and contribute to flood control and carbon sequestration.

Batagay crater (Permafrost)

#### Facts for Prelims (FFP)

Context: Siberia’s “gateway to the underworld,” the Batagay crater, is expanding at an alarming rate of 35 million cubic feet (1 million cubic meters) annually due to permafrost thaw.

What is Batagaika Crater?

Located in Russia’s Far East is the world’s largest permafrost crater, formed by melting permafrost dating back to the Quaternary Ice Age. It began to form in the 1960s when surrounding forest clearance triggered permafrost thaw, causing the land to sink. However, thawing permafrost poses environmental risks, as the release of organic carbon into the atmosphere could exacerbate global warming.

Permafrost is permanently frozen ground that remains below the freezing point of water for two or more consecutive years. It is typically found in polar regions, such as the Arctic and Antarctic, as well as in high-altitude mountainous areas.

Education in Mother Tongue

#### Facts for Prelims (FFP)

Source: TH

Context: CBSE is advocating for teaching children in their mother tongue or regional language from an early age.

In line with the National Education Policy and National Curriculum Framework (NCF) 2022, they’ve introduced 52 primers in various local languages. These primers, developed by NCERT and IIL, aim to facilitate language learning and numeracy skills among young learners.

NEP 2020 advocates for mother tongue education until at least Grade 5, preferably extending to Grade 8 and beyond. NCF 2022 has recommended that the mother tongue should be the primary medium of instruction for children till eight years of age.

Education in the mother tongue is emphasized through various provisions and initiatives:

• Article 350A: Mandates states to provide primary education to linguistic minority groups in their mother tongue.

• Section 29 of the Right to Education Act, 2009: Advocates for the medium of instruction to be in the mother tongue whenever possible.

• NISHTHA FLN: Promotes teaching in mother tongue, regional language, and home language.

• 52 Entry-Level Primers: Developed by NCERT and Indian Institute of Languages for teaching children in various mother tongues and local languages.

• International Mother Language Day: Observed on 21st February, initiated by Bangladesh and recognized by UNESCO in 1999.

• Yuelu Proclamation by UNESCO: Emphasizes the importance of preserving and promoting linguistic diversity.

U.N. Counter-Terrorism Trust Fund

#### Facts for Prelims (FFP)

Source: TH

Context: India has contributed $500,000 to the U.N. Counter-Terrorism Trust Fund, reaffirming its commitment to global efforts against terrorism.

This contribution supports UNOCT’s global programmes, mainly focusing on Countering Financing of Terrorism (CFT) and Countering Terrorist Travel Programme (CTTP). CFT strengthens member states capacity to understand terrorism risks, while CTTP assists in detecting and countering terrorists.

India’s efforts include the Financial Intelligence Unit – India and the National Investigation Agency.

About UNOCT:

Established in 2017, the United Nations Office of Counter-Terrorism (UNOCT) oversees the UN Counter-Terrorism Trust Fund, which was initially established in 2009 and later transferred to UNOCT. The UN Counter Terrorism Centre (UNCCT) serves as its primary capacity-building arm, aiming to enhance the visibility, advocacy, and resource mobilization for UN counter-terrorism efforts. Its functions also include strengthening the delivery of UN counter-terrorism capacity-building assistance to Member States.

“Non-market economy” status

#### Facts for Prelims (FFP)

Source: IE

Context: Vietnam seeks a change from its “non-market economy” status to a “market economy” in the US, aiming to avoid high import taxes. Despite being a top US trading partner, Vietnam faces anti-dumping duties due to its current classification.

The US designates economies as “non-market economies” based on criteria such as currency convertibility, wage determination, FDI inflow, state control, and human rights. Currently, 12 countries, including Russia, China, and Vietnam, hold this designation. Being labelled a “non-market economy” allows the US to impose anti-dumping duties on imports from these countries.

India is now a net exporter of medical consumables and disposables

#### Facts for Prelims (FFP)

Source: ET

Context: India has achieved a significant milestone by becoming a net exporter of medical consumables and disposables, marking a reversal of the previous trend where foreign products dominated the market.

In the fiscal year 2022-23, India exported medical consumables worth $1.6 billion, surpassing imports valued at approximately $1.1 billion.

This achievement follows intensified efforts by the government to reduce reliance on imports, particularly after disruptions caused by the COVID-19 pandemic.

The MedTech sector focuses on designing and manufacturing medical products for diagnosis, prevention, and treatment. Major categories include disposables, electronics, equipment, and surgical instruments.

India’s MedTech sector is projected to grow 28% annually, reaching $50 billion by 2030. Despite ranking as Asia’s 4th largest market, challenges include a focus on low-end products, with 65% of manufacturers catering to local consumption.

Sperm Whale

#### Facts for Prelims (FFP)

Source: TH

Context: Scientists have uncovered a fascinating aspect of sperm whale communication: their complex vocalizations resemble Morse code, hinting at a sophisticated “phonetic alphabet.”

These whales, renowned for their social nature, use clicking sounds called codas to convey messages. Research on sperm whales in the eastern Caribbean revealed a rich communication system akin to human language.

Sperm whales are the largest toothed whales, predominantly observed in polar regions. They inhabit deep open waters and coastal areas, facing threats such as vessel strikes and entanglement in fishing gear. Listed as Vulnerable by the IUCN and under Schedule II of the Wildlife (Protection) Act, 1972 in India, they require conservation efforts to safeguard their populations.

Shinku La tunnel

#### Mapping

Source: HT

Context: The Border Roads Organisation (BRO) is set to begin work on the Shinku La tunnel, which will be the world’s highest, facilitating all-weather connectivity from Manali to Leh.

The Shinku La tunnel, constructed by the Border Roads Organisation (BRO), will be the world’s highest tunnel at 15,800 ft, surpassing China’s Mila tunnel. Spanning 4.1 km along the Nimmu-Padam-Darcha route, it will provide all-weather connectivity from Manali to Leh, cutting the distance by 60 km.

This tunnel is significant as it offers an alternative route to Ladakh, streamlining transportation to strategic areas like Kargil, Siachen, and the Line of Control.

Established in 1960, BRO develops and maintains road networks in border areas, playing a crucial role in enhancing connectivity and security.