TOPIC : GS 2 Evolution and basic structure
The law of sedition is unconstitutional
What is the news?
- In Vinod Dua’s case (2021), the Supreme Court of India has reaffirmed the law of sedition laid down in Kedar Nath Singh (1962) and directed governments to adhere to it.
- The Kedar Nath judgment upheld the constitutional validity of sedition as defined in Section 124A of the Indian Penal Code.
- The Court read down the provision by holding that only writings or speeches which incite people to violence against the Governmentwill come within the mischief of sedition.
- So, as per this judgment,unless speeches or writings tend to cause violence or disorder, there is no sedition.
- Article 19(1) guarantees freedom of speech and expression subject to reasonable limitations under
Article 19(2) on
grounds of –
- Interests of the sovereignty and integrity of India,
- The security of the State,
- Friendly relations with foreign States,
- Public order, decency or morality, or
- In relation to contempt of court, defamation or incitement to an offence.
Categorises four sources of seditious acts –
Spoken words, written words, signs or visible representations.
Offences –
- Bringing or attempting to bring the government into contempt or hatred, or exciting or attempting to
- Excite disaffection towards the government.
There are three explanations attached to this section.
- The first explanation says that ‘disaffection’ includes disloyalty and all feelings of enmity.
- The second and third explanations say that one can comment on the measures of the government or other actions of the government without bringing or attempting to bring it into contempt or hatred or exciting or attempting to excite disaffection towards the government.
What are the Kedar Nath Singh guidelines?
- In the landmark 1962 Kedar Nath Singh case, the Supreme Court upheld the constitutional validity of the sedition law, it attempted to restrict its scope for misuse.
- The court held that unless accompanied by an incitement or call for violence, criticism of the government cannot be labelled sedition.
Mains Question
Dissent and criticism of the government are essential ingredients of a robust public debate in a vibrant democracy. Discuss in light of sedition
Sources : https://www.thehindu.com/opinion/lead/the-law-of-sedition-is-unconstitutional/article35027081.ece
PRELIMS PUNCHERS
- A swap
It is a derivative contract through which two parties exchange the cash flows or liabilities from two different financial instruments. Most swaps involve cash flows based on a notional principal amount such as a loan or bond, although the instrument can be almost anything. Usually, the principal does not change hands. Each cash flow comprises one leg of the swap. One cash flow is generally fixed, while the other is variable and based on a benchmark interest rate, floating currency exchange rate, or index price.
The most common kind of swap is an interest rate swap. Swaps do not trade on exchanges, and retail investors do not generally engage in swaps. Rather, swaps are over-the-counter (OTC) contracts primarily between businesses or financial institutions that are customized to the needs of both parties. Sri Lanka is “banking on” a $1 billion currency swap from India to meet its debt repayment obligations this year and tide over the current economic crisis
Sources : https://www.thehindu.com/business/Economy/lanka-banking-on-1-bn-india-swap-deal/article35045813.ece
- Tigray Region
It is the northernmost regional state in Ethiopia. Tigray Region is the homeland of the Tigrayan, Irob and Kunama peoples. Tigray is also known as Region 1 according to the federal constitution. Its capital and largest city is Mekelle. Tigray is the fifth-largest by area, the fifth-most populous, and the fifth-most densely populated of the 10 Regional States.
Tigray is bordered by Eritrea to the north, Sudan to the west, the Amhara Region to the south and the Afar Region to the east and southeast. From Palaeozoic to Triassic, Tigray was located near the South Pole. A conflict between the Tigray Region, led by the leading Tigray People’s Liberation Front (TPLF) and the Ethiopian federal government began, in which Eritrea also took part on the side of the Ethiopians, rapidly escalating into the Tigray War, the cause for the region’s instability.
- OPEC Plus
OPEC is a permanent intergovernmental organization of 13 oil-exporting developing nations that coordinates and unifies the petroleum policies of its Member Countries.
The non-OPEC countries which export crude oil are termed as OPEC Plus countries. OPEC Plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia , Mexico, Oman, Russia, South Sudan, Sudan. This means in short that the countries that export crude oil apart from OPEC countries are called OPEC +.
OPEC+ including various important countries like Russia, Mexico and Kazakhstan, the share has increased to 55 percent and 90 percent of the holdings respectively. This provides OPEC+ a greater level of influence over the world economy than OPEC countries.
- Contempt of court
According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt. It seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression. Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself. Article 215 conferred a corresponding power on the High Courts. The Contempt of Courts Act, 1971, gives statutory backing to the idea.
PRELIMS QUESTIONS
- Consider the following statement regarding to A swap
- Swaps involve cash flows based on a notional principal amount such as a loan or bond
- They will trade on exchanges and retail investors
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c).Both (d). None of above
Answer: A
It is a derivative contract through which two parties exchange the cash flows or liabilities from two different financial instruments. Most swaps involve cash flows based on a notional principal amount such as a loan or bond, although the instrument can be almost anything. Usually, the principal does not change hands. Each cash flow comprises one leg of the swap. One cash flow is generally fixed, while the other is variable and based on a benchmark interest rate, floating currency exchange rate, or index price.
The most common kind of swap is an interest rate swap. Swaps do not trade on exchanges, and retail investors do not generally engage in swaps. Rather, swaps are over-the-counter (OTC) contracts primarily between businesses or financial institutions that are customized to the needs of both parties. Sri Lanka is “banking on” a $1 billion currency swap from India to meet its debt repayment obligations this year and tide over the current economic crisis
- Which of the following are not OPEC plus countries
- Azerbaijan, USA, Brunei, Kazakhstan
- Malaysia , Mexico, Oman, Russia
- Oman, Russia, South Sudan, Sudan
- Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia
Answer: A
OPEC is a permanent intergovernmental organization of 13 oil-exporting developing nations that coordinates and unifies the petroleum policies of its Member Countries.
The non-OPEC countries which export crude oil are termed as OPEC Plus countries. OPEC Plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia , Mexico, Oman, Russia, South Sudan, Sudan. This means in short that the countries that export crude oil apart from OPEC countries are called OPEC +.
OPEC+ including various important countries like Russia, Mexico and Kazakhstan, the share has increased to 55 percent and 90 percent of the holdings respectively. This provideCs OPEC+ a greater level of influence over the world economy than OPEC countries