News & Editorial Analysis 27 December 2022
The Hindu News Analysis
1 – Veer Bal Diwas:
Topic Indian Culture
Prime Minister Narendra Modi stated on December 26 that a country like India, with such a glorious past, should be full of self-confidence and self-respect. He regretted, though, that the made-up stories that had been taught up to this point had contributed to the nation’s sense of inferiority.
Mr. Modi contends that in order to grow, it is essential to let go of the constrained perspective of the past.
He said, “That is why the country has taken the oath of destroying all remains of slave mindset in the Azadi ka Amrit Kaal,” at the first “Veer Bal Diwas,” which commemorates the passing of Sahibzadas Baba Zorawar Singh and Baba Fateh Singh, sons of Guru Gobind Singh.
About Sahibzadas Fateh Singh and Zorawar Singh:
Sahibzada Jorawar Singh and Sahibzada Fateh Singh are two of the most revered martyrs in Sikh tradition.
Anandpur Sahib was besieged by a variety of Mughal warriors as per the commands of the emperor Aurangzeb (1704).
The two sons of Guru Gobind Singh were imprisoned.
They may travel freely if they converted to Islam.
Because they both opposed, they were both given death sentences and bricked alive.
These two greats opted to die rather than violate the righteous Dharmic rules.
The life of Guru Gobind Singh:
On December 22, 1666, Guru Gobind Singh, the tenth and last Sikh Guru, was born in Patna, Bihar.
His birth anniversary is calculated using the Nanakshahi calendar.
He took over as head of the Sikh faith from his father, Guru Tegh Bahadur, the ninth Sikh Guru, at the age of nine.
He was assassinated in 1708.
He is famous for having a significant influence on the Sikh religion, including the development of the turban for hair covering.
The Khalsa or Five “Ks” tenets were also developed by him.
The Five Ks are uncut hair (kesh), a wooden comb, an iron or steel bracelet, and a knife (short breeches).
These five tenets of faith were to be worn at all times by a Khalsa.
He provided the Khalsa soldiers with a number of other instructions, including abstaining from alcohol, tobacco, and non-halal meat. It was the duty of the Khalsa warrior to protect the defenceless.
Guru Granth Sahib, the holy text of the Khalsas and Sikhs, was chosen as the new Guru for the two communities.
He participated in the Battle of Muktsar against the Mughals in 1705.
The Guru, his mother, and his two small children perished in the Battle of Anandpur (1704). He also lost his oldest son in combat.
He also wrote the Benti Chaupai, Amrit Savaiye, and the Jaap Sahib, among other literary masterpieces.
He also wrote a letter known as the Zafarnama, sent to Mughal Emperor Aurangzeb.
2 – AVGC XR Mission:
Topic Internal Security of India
The report of the Animation, Visual Effects, Gaming, and Comics (AVGC) Promotion Task Force, which has been submitted to the government for consideration, suggests a national AVGC-Extended Reality Mission with a budget outlay to be developed for integrated promotion and expansion of the industry.
AVGC Task Force:
The AVGC Task Force, which was established to find interventions for improving domestic competence that may serve both local and international markets and assist in realising the full potential of India’s AVGC sector, is led by the secretary of the Information and Broadcasting Ministry.
Along with other significant business and governmental stakeholders, it was attended by leaders from the Telangana, Karnataka, and Maharashtra state governments.
Four subtask forces were established to develop growth-promoting techniques through targeted interventions in their respective fields:
Policy, Industry, Education, Training, and Gaming:
The recommendations of these four task groups formed the foundation of the AVGC Task Force’s comprehensive report.
What are the key recommendations of the AVGC Task Force?
The suggestions made by the AVGC Force can be broadly classified into four groups:
Building a National Industry for Global Access:
The coordinated promotion and extension of the AVGC sector can be guaranteed by a national AVGC-XR mission with a monetary outlay.
The creation of content in India, for India, and for the rest of the world should receive special attention by initiating a “Create in India” campaign.
An international AVGC platform and a gaming expo can be set up with a focus on FDI, co-production partnerships, and innovation to make India a hub for AVGC on a global scale.
To encourage innovation, research, skill development, and industrial expansion, establish a National Center of Excellence (COE) for the AVGC industry. Regional COEs can be formed in collaboration with the state government to provide access to local industry and to promote local talent and content.
Building a Talent Ecosystem to Take Advantage of the Demographic Dividend:
The NEP can encourage creative thinking. A specific AVGC course curriculum might be established at the school level to foster essential skills development and increase awareness of AVGC as a career option.
It is feasible to create undergraduate and graduate programmes with an AVGC focus that grant degrees with widespread recognition.
Standardization of tests for courses relevant to the AVGC.
To enhance the number of skilled workers in the AVGC industry, the Media and Entertainment Skills Development Training (MESC) programme can be employed as a supplement to skill programmes.
The likelihood of employment in the field will grow if more students from rural and northeastern states enrol.
AVGC Accelerators and Innovation Hubs can be developed, similar to Atal Tinkering Labs.
Increasing the Technological and Financial Viability:
Provide subscription-based pricing structures for MSMEs, startups, and organisations to democratise AVGC technologies.
promoting the R&D and IP creation of AVGC technology on the local level through incentive programmes. Additionally, PLI schemes geared toward AVGC hardware manufacturers are possible.
Increase the ease of doing business in the AVGC industry by providing tax advantages, lowering import duties, and other initiatives like pirate prevention.
The Start-Up India initiative can be used to assist AVGC entrepreneurs with technical, financial, and market access needs in order to promote the culture of R&D and IP development.
India should pursue inclusive growth to boost its soft power:
A specialised production budget can be established to promote domestic content creation that places an emphasis on promoting Indian culture and heritage abroad.
Promoting inclusive development will need providing targeted skill development and outreach for young people in India’s tier 2 and tier 3 towns and villages.
Provide special incentives to women who run businesses in the AVGC sector.
Encourage the use of local children’s media to teach children about India’s rich cultural heritage.
Establish a framework to safeguard children’s rights in the internet world.
3 – Government Securities:
Topic Indian Economy
According to the Finance Ministry, this demonstrates a rising level of market interest in these bonds. In the July to September quarter (Q2 of 2022-23) trading volumes in government securities (g-secs) increased 8.64% from the prior quarter to a two-year high of 27.67 lakh crore.
Specifically saying that “the greater trading volume in Q2 of 2022–23 compared to previous quarter shows the increasing interest of market players/traders in the government securities market,” the Public Debt Management report for July to September 2022 was released on Monday.
Government securities (G-Secs) are marketable securities that have been issued by the federal or state governments. It recognises the government’s financial obligations. G-Secs, which are instruments of government-issued debt, are a means by which the government can borrow money. Dated securities, which have maturities ranging from 5 to 40 years, and Treasury bills, which are short-term instruments with maturities of 91, 182, or 364 days, are the two main categories.
Important features include:
It acknowledges ownership of the national debt.
Government bonds or dated securities with initial maturities of one year or more are examples of long-term securities. Short-term securities include other options (treasury bills having original maturities of less than one year).
The federal government issues both Treasury bills and bonds or dated securities.
State governments only issue bonds or dated securities, also referred to as state development loans.
These securities are referred to as risk-free gilt-edged products because there is no default risk attached to government-issued securities.
FPIs are allowed to engage in the G-Secs market within the occasionally enforced quantitative limitations.
Why do G-secs vary?
G-Sec prices fluctuate significantly in secondary markets. What determines their prices is
The supply and demand for securities.
Modifications in interest rates as well as other macroeconomic variables like inflation and liquidity.
Among other things, developments in the money, credit, and foreign exchange markets.
Worldwide bond markets, particularly those for US Treasury securities, have changed.
Examples of RBI policy changes include adjustments to the repo rate, the cash reserve ratio, and open market operations.
4 – National Mobile Monitoring System:
Prelims Specific Topic
All employees engaged under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGREGS) would need to digitally record their attendance beginning on January 1, 2023, per the Center’s requirements.
In an effort to encourage transparency and accountability, the Union government had started a trial project in May 2021 to track attendance using a smartphone application called the National Mobile Monitoring System (NMMS).
On May 21, 2021, the Minister of Rural Development unveiled the National Mobile Monitoring Software (NMMS) App.
This programme seeks to ensure adequate scheme monitoring and promote transparency.
At Mahatma Gandhi NREGA labour sites, the NMMS App offers geo-tagged photographs and real-time staff attendance tracking.
The programme citizen oversight is improved with the help of the software.
The National Mobile Monitoring App covers the Mahatma Gandhi NREGA employees in all the States and Union Territories.
Women who drop out:
Women employees, particularly the supervisors or “workmates,” have suffered the most negative effects from the move.
The majority of the time, the employees’ families are reluctant to provide women phones, particularly smartphones. Consequently, many female students have dropped out.
Over the past year, the Union administration has resolved a number of significant issues. The MGNREG Act allows for task- or time-based labour to be performed by the employees.
Two geotagged and time-stamped images of the personnel, one at around 11 a.m. and the other at around 2 p.m., were required to be uploaded in accordance with the guidelines.
Employees engaged in task-based work have to stay till 2 p.m. to complete the requisite photo and receive payment.
The Mahatma Gandhi National Rural Employment Guarantee Act, formerly known as the National Rural Employment Guarantee Act, was passed in 2005 with the goal of increasing social security and employment development in India.
The initiative, which answers to the Ministry of Rural Development, focuses on demand-driven wage employment.
Under the programme, every adult household member who resides in a rural area and has a job card is eligible for employment.
The initiative is to provide 100 days of guaranteed paid employment per fiscal year to adult participants who volunteer for unskilled physical labour.
Additionally, there is a clause that allows for an extra 50 days of paid work in rural areas that have received warnings about a natural disaster or drought.
MGNREGA Section 3(4) states that the States may lay aside their own funds to offer more days than those allotted by the Act.
At least one-third of the recipients must be women.
The Minimum Wages Act of 1948 mandates that salaries be paid in accordance with the state’s statutory minimum wages for agricultural labourers.
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The Hindu Editorial Analysis
When Bilkis Bano, the lone survivor of a horrifying gang-rape and mass murder in 2002, asked the Supreme Court of India (SC) to review its May 2022 ruling ordering the Gujarati government to consider the early release of one of those found guilty, it was an opportunity for the SC to rectify an egregious error. I regret that it chose not to. On December 13, 2022, the Court issued a brief, two-page order in chambers denying her review petition.
All other life-convicts were also swiftly granted early parole and remission by the Gujarati government. When they were released on Independence Day this year and the country celebrated with garlands and the distribution of sweets, no one in the country knew that a Supreme Court order had made this possible. Later, Bilkis Bano asked for a review of the SC decision. She requested a public hearing as mandated by SC Rules Order 47, Rule 3. She asked for a hearing, but SC turned it down and dismissed the petition for a review through chambers’ circulation.
Law’s framework: review petition:
A review petition is a request to have an already-issued order or judgement by a court of law reconsidered. A review petition may be submitted by parties who believe they were mistreated by a Supreme Court decision because of an apparent error. According to Article 137 of the Constitution, the Supreme Court has the discretion to examine its own decisions.
The requirements of any law passed by the legislature and the Supreme Court’s Rules adopted in accordance with Article 145, however, place restrictions on this jurisdiction.
Additionally, in accordance with the 2013 Supreme Court Rules, the petition, which must be filed within 30 days after the judgement or order under review, must be heard by the same Bench that made the decision.
Therefore, the law allows it to fix serious errors that resulted in a miscarriage of justice rather of examining the matter again during a review. The court has the authority to revisit its rulings and make changes. “Not “little inconsequential mistakes,” but “patent error.” ” According to a 1975 decision by Justice Krishna Iyer, a review can only be approved “where a manifest omission, patent mistake, or analogous grave error has already been introduced by judicial fallibility.
Who is eligible to file a petition for review:
Anyone who considers that a decision is incorrect may request a review in accordance with the Civil Procedure Code and the Supreme Court Rules. Only parties to the dispute may request a review of the decision.
Each review petition that is submitted to the court is not required to be taken into account. It has the authority to approve a review petition only when there are good grounds for the request.
Disregarded aspects of the Bilkis Bano case include:
This order is unclear since it completely dismisses or ignores the review petitioner’s claims. And to make matters worse, the review petitioner’s lone defence that the Court had disregarded four binding judgements, one of which was issued by a Constitution Bench, was rejected with the statement that “none of the judgements are of any assistance to the review petitioner.”
Some issues that the Court completely disregarded were brought to light by the Review Petition, including:
Writs cannot be filed to challenge judicial orders, particularly those made by the High Court, a constitutional court comparable to the Supreme Court, in accordance with Article 32 of the Constitution.
The convicted prisoner omitted all crucial information from his writ petition before the top court;
Strangely, in Triveniben (1989) and Naresh Shridhar Mirajkar (1966), Constitution Bench rulings of five justices and nine judges respectively ruled that a court’s decision could never be challenged in a writ petition under Article 32.
The majority and minority of a Constitution Bench decision in Union of India v. V. Sriharan (judgement from 2015) held that the government of State B alone should be in charge in cases where an offence is committed in State A but the trial and sentencing take place in State B. The Court disregarded this decision as well.
Article 32 of the Constitution addresses the right to constitutional remedies:
According to this fundamental right (FR), individuals have the right to ask the Supreme Court (SC) to uphold other basic rights as stipulated by the Constitution.
The High Court (HC) has equivalent authority under Article 226.
The SC has the power to enact orders, decrees, or writs that compel the adherence of any fundamental right. Among the writs that may be granted are quo-warranto, prohibition, certiorari, mandamus, and habeas corpus.
The privilege to petition the SC shall not be suspended, unless the Constitution clearly specifies otherwise. Therefore, the Constitution states that the President may suspend the right to petition any court for the enforcement of fundamental rights during times of national emergency (Article 359).
The Supreme Court has original jurisdiction over disputes concerning the upholding of basic rights, but not exclusive authority. In accordance with Article 226’s authority over the supreme court, it runs concurrently:
Original jurisdiction because a person can contact the SC if they believe they have been wronged without first filing an appeal.
In this situation, concurrent jurisdiction means that the aggrieved party has the option of filing a direct petition with either the high court or the Supreme Court when a citizen’s Fundamental Rights are violated.
The exercise of the right guaranteed by Article 32, which is the right to petition the SC when one of one’s fundamental rights is violated, is not prohibited by the existence of an alternative remedy.
However, the SC has ruled that when relief is available through the high court under Article 226, the aggrieved party must first go there.
In the Chandra Kumar case (1997), the Supreme Court determined that the writ jurisdiction of both the high court and the Supreme Court is an integral part of the Constitution’s basic structure.
It is unfair to the person who has endured terrible hardship, as well as to the Supreme Court’s standing and reputation, to cryptically reject a compelling review petition. One can only hope that the Court will be able to make amends in some way for this error.
The Indian Express Editorial Analysis
Why The Government Must Push Ahead On Free Trade Agreements?
After initially criticising the advantages gained from the free trade agreements India has ratified over the years, the Narendra Modi government appears to have revised its position on trade agreements.
Free Trade Agreements:
A free trade agreement (FTA) is a treaty created between two or more countries to lessen trade restrictions on import and export.
It covers a wide range of topics, including investments, services, goods, intellectual property, market competition, and government contracts.
The opposite of economic isolationism and trade protectionism is free trade.
With little to no constraints from the government in the form of tariffs, quotas, or subsidies, FTA permits the cross-border exchange of products and services.
A free-trade policy can be as simple as not putting any impediments to trade in place.
India and FTA:
13 Free Trade Agreements (FTAs) have been signed by India to date with its trading partners, including the three agreements that were signed over the previous five years: the Comprehensive Economic Cooperation and Partnership Agreement (CECPA) between India and Mauritius, the Comprehensive Partnership Agreement (CEPA) between India and the United Arab Emirates, and the Economic Cooperation and Trade Agreement (Ind Aus ECTA) between India and Australia. The list of FTAs that India has ratified is as follows:
South Asian Free Trade Area Agreement (SAFTA) (India, Pakistan, Nepal, Sri Lanka, Bangladesh, Bhutan, the Maldives and Afghanistan).
India and Nepal have signed a trade treaty.
Early Harvest Program under the India-Thailand Free Trade Agreement: Agreement on Trade, Commerce, and Transit between India and Bhutan (EHS).
India and Singapore’s Comprehensive Economic Cooperation Agreement (CECA).
India and ASEAN Trade in Goods, Services, and Investment Agreement (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam).
Comprehensive Economic Partnership between South Korea and India (CEPA).
CEPA for India and Japan.
India and Malaysia CECA.
Comprehensive Economic Partnership between Mauritius and India (CECPA).
India and Australia Economic Co-operation and Trade Agreement (ECTA).
FTA-related recent occurrences:
Over the past year or two, the government has been aggressively seeking accords with a range of countries. While negotiations with the UK and the EU are still going on, trade agreements have already been concluded with Australia and the United Arab Emirates.
Non-tariff issues, including as labour and gender balance norms and standards for carbon emission reduction, are, however, receiving increased attention as these negotiations enter a vital phase.
Indian negotiators are concerned that include them may provide allies the means to enact non-tariff protectionist policies, which would prevent India from fully benefiting from trade accords.
Think about how crucial the issue of carbon emissions is becoming. A system for regulating carbon borders was recently agreed upon by the European Union, and it is designed to target products with a high carbon content, such as iron and steel, cement, aluminium, and fertilisers. Indian exporters will face a financial hardship and barrier as a result.
Similar to this, steel companies in India will have a competitive disadvantage compared to those in the US because of the latter’s lower carbon emission levels during manufacturing.
This publication has noted that similar concerns have been raised by policy leaders in Delhi who have underlined the need to “seriously” address these issues.
How to Proceed:
Despite the fact that negotiations must proceed cautiously, these worries cannot force them to stall. The government claims that these trade agreements must proceed. The domestic reform agenda needs to be in line with these trade pacts in order to maximise the benefits.
India must actively endeavour to join global value chains and remove trade barriers at a time when companies are trying to diversify away from China by adopting a “China plus one” approach.
#Free_Trade_Agreements #Government #The Indian_Express_Editorial_Analysis
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