Current Affairs from The Hindu DATE:23-05-15
S.NO. / NEWS ITEM / SYLLUBUS / ESSENCE OF THE ARTICLE1. / 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, beingultra viresof 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 Ministersin 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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