DAILY CURRENT AFFAIRS ANALYSIS
19th November 2021
|1.||There is no agreement on how to limit the Speaker’s powers||Prelims & Mains|
|2.||The Battle of Rezang La||Prelims & Mains|
|3.||ASEAN raises concerns because China wants Myanmar’s regime to attend the summit||Prelims & Mains|
|4.||A plea has been filed in Supreme Court on new ordinances||Prelims & Mains|
|5.||A panel of the RBI is considering enacting legislation to regulate digital lending||Prelims & Mains|
|6.||Zircon Hypersonic Cruise Missile of Russia||Prelims Specific|
- There is no agreement on how to limit the Speaker’s powers:
Topic – Historical foundations, evolution, features, amendments, key provisions, and basic structure of the Indian Constitution.
- Why in News:
- The All-India Presiding Officers’ Conference (AIPOC) recently ended without a consensus on whether the Speaker’s powers under the Anti-Defection Law should be limited; however, the delegates reiterated an earlier resolution that there should be no disruptions during Question Hour and the President’s and Governor’s addresses to the House.
- Recommendations: In 2019, the C.P. Joshi committee was created to look into the function of the Speaker in cases of defection under the Tenth Schedule of the Constitution.
- Instead of confining the ability to disqualify MPs and MLAs under the anti-defection statute to Lok Sabha and assembly speakers, the committee has urged that political parties be granted the same power.
- A review is required because the political situation at the time the anti-defection law was enacted was different, and the statute must be updated to reflect these changes.
- Anti-defection legislation: The 52nd Amendment Act inserted the Tenth Schedule, also known as the anti-defection provision, to the Constitution in 1985.
- The goal of the Amendment was to keep governments stable by discouraging MPs and MLAs from switching political parties on whose platform they were elected. • Changing political loyalties results in the loss of parliamentary membership as well as a ban on becoming a minister.
- When can a member be kicked out:
- If one is a member of a political party’s house:
- Gives up his political party membership voluntarily, or
- Votes or does not vote in the legislature against his political party’s wishes.
- The member will not be disqualified if he or she has obtained prior approval or is excused by the party within 15 days of the vote or abstention.
- After the election, an independent candidate joins a political party.
- If a nominated member joins a political party six months after becoming a legislator.
- Legislators, on the other hand, can switch parties without risking disqualification in certain conditions. Exceptions:
- The legislation allows a political party to combine with or into another if at least two-thirds of its legislators support the merger.
- If a member of the House is elected as the presiding officer, he will not be disqualified if he voluntarily leaves his party or rejoins it after he leaves that office.
- The Presiding Officer’s decision is susceptible to judicial review:
- Initially, the statute stated that the Presiding Officer’s decision is not subject to judicial review.
- The Supreme Court eventually overturned this stipulation, enabling appeals to the High Court and Supreme Court against the Presiding Officer’s judgment.
- However, it said that no judicial involvement is permitted until the Presiding Officer issues his ruling.
- Is there a time limit for the Presiding Officer to make a decision:
- The Presiding Officers are not required by law to make a decision on a plea for disqualification within a certain amount of time.
- Prelims Hot-Link:
- Names of several committees and commissions dealing with anti-defection legislation.
- Presiding officer’s decision vs. judicial review
- Political party mergers vs. splits
- Does the presiding officer fall under the anti-defection law?
- Cases and verdicts from the Supreme Court that are relevant.
- Source – https://www.thehindu.com/news/national/no-consensus-on-limiting-speakers-powers/article37568443.ece
- The Battle of Rezang La:
Topic – India and its Neighbourhood-Relations
- Why in News:
- The Battle of Rezang La is commemorated on November 18th for the 59th time. On the occasion, a memorial was dedicated.
- What happened to Rezang La:
- Rezang La is a mountain pass in Ladakh that lies on the Line of Actual Control.
- It is situated between Chushul hamlet and the Spanggur Lake, which spans both Indian and Chinese territory.
- On November 18, 1962, it was also the site of a gallant battle.
- The fight was fought in 1962, and the 13 Kumaon Regiment destroyed multiple waves of the Chinese People’s Liberation Army.
- Despite being massively outmanned, the regiment’s members battled to the death in subzero temperatures and with minimal ammo.
- The region’s importance: Rezang La is critical for the defense of the strategically significant Chushul. Any invader who made it that far would have had a clear path to Leh.
- Prelims Hot-Link:
- Information on the Battle of Rezang La.
- What is a line of communication (LoC) and how is it established, as well as its geographical scope and significance?
- What exactly is LAC?
- What happened to Nathu la?
- Where is Pangong Tso Lake?
- Who is in charge of Akashi Chin region?
- Source – https://www.thehindu.com/news/national/other-states/defence-minister-rajnath-singh-inaugurates-revamped-war-memorial-in-eastern-ladakh/article37557460.ece
- ASEAN raises concerns because China wants Myanmar’s regime to attend the summit:
Topic – Important international institutions, agencies, and fora, as well as their structure and mandate.
- Why in News:
- A Chinese diplomat has persuaded Southeast Asian countries to allow Myanmar’s military ruler to attend a regional meeting hosted by China’s President next week, but other leaders have objected.
- What exactly is the problem:
- Myanmar’s membership in the Association of Southeast Asian Nations (ASEAN) has been brought into the spotlight following a coup on February 1 that deposed Nobel Laureate Aung San Suu Kyi’s elected government, resulting in bloodshed.
- As a result, ASEAN leaders barred Myanmar’s military chief, Senior General Min Aung Hlaing, from attending an ASEAN meeting after he failed to follow through on promises to enable an ASEAN envoy to meet with parliamentarians deposed in the coup.
- Later, ASEAN leaders suggested that a non-political representative from Myanmar be invited. Myanmar was not represented in the end.
- What exactly is ASEAN:
- The Association of Southeast Asian Nations (ASEAN) is a regional organization that was founded to maintain political and social stability among Asia’s post-colonial states amid escalating tensions.
- “One Vision, One Identity, One Community” is ASEAN’s motto.
- Indonesia’s ASEAN Secretariat is based in Jakarta.
- The ASEAN Declaration (Bangkok Declaration) was signed by the founding fathers in 1967, and the organization was born.
- Indonesia, Malaysia, the Philippines, Singapore, and Thailand are the founding fathers of ASEAN.
- Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam are among the ten members.
- ASEAN’s Importance for India:
- In the face of China’s aggressive maneuvers, notably the Ladakh standoff, India placed the
ASEAN at the heart of its Act East policy, arguing that a coherent and responsive ASEAN is critical for regional security and growth.
- The Security and Growth for All in the Region (SAGAR) Vision cannot be realized without ASEAN.
- The region is important for supply chain diversification and resilience in the post-Covid-19 economic recovery.
- It is India’s fourth-largest trading partner, with a trade volume of USD 86.9 billion.
- In 1992, India was designated as an ASEAN Sectoral Partner. Here’s where you can learn more.
- Prelims Hot-Link:
- Asean countries’ geographical location.
- The population of the ASEAN countries as a whole.
- ASEAN Chairmanship.
- Where and when do Asean summits take place?
- Source – https://www.thehindu.com/news/international/asean-objects-as-china-wants-myanmar-junta-to-join-summit/article37568581.ece
- A plea has been filed in Supreme Court on new ordinances.
Topic – Government Policies and associated issues:
- Why in News:
- The Ordinances, which empower the Government to prolong the tenures of the chiefs of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) “in a piecemeal fashion” up to a maximum of five years, have been challenged in the Supreme Court.
- The petitioners claimed that the Ordinances would put the heads of the two top investigative bodies in jeopardy and erode their professional independence.
- Additionally, no criteria have been provided other than a vague reference to ‘public interest,’ which is based on the Respondents’ subjective satisfaction.
- And finally, no criteria have been provided other than a vague reference to ‘public interest,’ which is based on the Respondents’ subjective satisfaction.
- Opposition parties have slammed the government’s action, accusing it of choosing the ordinance route despite the fact that Parliament’s session begins on November 29.
- The Ordinances are as follows:
- The Union Government has introduced two ordinances that allow the directors of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to have their service extended beyond their specified tenure of at least two years up to a maximum of five years.
- That is, they can get three annual extensions following a predetermined two-year term.
- What legal arguments have been used to challenge these ordinances:
- Following the completion of a two-year fixed tenure, the ED Director was given a one-year extension on a retrospective basis about a year ago.
- The government’s decision was challenged in court, but the Supreme Court affirmed it.
- However, it stated that such harsh measures should be taken only in exceptional circumstances.
- The petitioners cite the judgment as well as the Apex Court decision in Vineet Narain vs Union of India (1997), which declared that the CBI and ED chiefs should have a minimum tenure of two years.
- Prelims Hot-Link:
- About the CBI and how it came to be.
- The DSPE Act’s provisions.
- What is the definition of general consent?
- What happens if states withdraw their general consent?
- Source – https://www.livelaw.in/top-stories/supreme-court-challenging-ordinances-extending-tenure-of-cbi-ed-directors-185790
- A panel of the RBI is considering enacting legislation to regulate digital lending:
Topic – Financial Inclusion & Cyber security challenges.
- Why in News:
- A Working Group (WG) of the Reserve Bank of India (RBI) on digital lending, which includes lending through online platforms and mobile apps, has published its proposals.
- Proposals are as follows:
- A separate piece of legislation should be enacted to regulate such loans.
- Establish a nodal agency to assess Digital Lending Apps.
- Participants in the digital lending ecosystem should form a self-regulatory organization.
- Establish a set of baseline technical standards and require compliance with them as a condition of providing digital lending solutions.
- Loans should be disbursed directly into borrowers’ bank accounts, and loans should be serviced exclusively through the digital lenders’ bank accounts.
- All data gathering must have borrowers’ prior consent and be accompanied by “verifiable audit trails,” with the data itself being stored locally.
- Benefits of digital lending:
- Digital lending has the potential to make access to financial products and services more fair, efficient, and inclusive;
- FinTech-led innovation is now at the core of the design, pricing, and delivery of financial products and services, up from a peripheral supporting role a few years ago.
- The need of the hour is for a balanced approach to ensure that the legislative environment promotes innovation while also protecting data security, privacy, confidentiality, and consumer protection.
- What are the drawbacks to using digital lending apps:
- They entice customers with the promise of quick and painless financing.
- However, borrowers are subjected to exorbitant interest rates and hidden fees.
- Unacceptable and heavy-handed recovery approaches are used on such sites.
- They take advantage of agreements to gain access to data on the borrowers’ mobile phones.
- Source – https://www.financialexpress.com/industry/banking-finance/rbi-panel-suggests-separate-law-to-prevent-illegal-digital-lending-via-apps/2372017/
- Zircon Hypersonic Cruise Missile:
Prelims Specific Topic
- Russia has conducted another successful test of its Zircon hypersonic cruise missile, one of the newest additions to President Vladimir Putin’s arsenal of “invincible” weapons.
- Hypersonic Missiles can travel more than five times the speed of sound and manoeuvre in mid-flight, making them much more difficult to track and intercept than traditional projectiles.
- Source – https://www.wionews.com/videos/russia-successfully-tests-zircon-hypersonic-missile-western-nations-raise-alarms-430430