(Answer synopsis) -Daily Mains Answer Writing Initiatives – 7 October, 2019 (Day 12)

target2020
By target2020 October 8, 2019 15:00 Updated

In our Mains Answer Writing Initiative, we are daily posting 6 Questions i.e. 3 from static part and 3 from the current affairs part. On the next day, We provide answers to those questions.

Here you can download the synopsis of answers for the daily Mains Answer Writing Initiative.

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Q1.The Preamble to the Constitution is aimed to embody the fundamental values and the philosophy on which the Constitution is based. Elucidate

SYNOPSIS                                     

Intro

  • Preamble to the Constitution of India, is a brief introductory statement that sets out the guiding purpose and principles of the constitution. Our Constitution may be said to be an expansion and explanation of the Preamble.
  • Supreme Court Chief Justice, Subba Rao opined, “Preamble contains, in a nutshell, its (Constitution) ideals and its aspirations.”
  • The Preamble to the Indian Constitution has been framed, based on the ‘Objective Resolution ‘moved by Nehru in 1946 that was adopted unanimously by constituent assembly on 22 January1947.

Body Part

Fundamental values and the philosophy on which the Constitution is based.

Briefly Explain the core principles of our constitution found in the Preamble

Sovereignty: Basic meaning is Supreme Power.

Recall India stance on J&K issue

Similarly Mention the values (equality, justice, fraternity) etc.

Km Munshi– “preamble is the political horoscope of Indian constitution

Socialist:

  • “Socialist pattern of society” means “that the basic criterion for determining the lines of advance must not be private profit but social gain, and that the pattern of development and the structure of socio-economic relations should be so planned that they result not only in appreciable increase, in national income and employment but also in greater equality in incomes & wealth”
  • Notably, the Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’

Secular

  • This term was also added by 42nd constitutional amendment. It was on the basis of the principle of separation of the state from religious institutions.
  • In India, we have Positive concept of Secularism whereas Western democracies have Negative or exclusivist concept of it.

Democratic:

  • Preamble embraces not only political democracy but social and economic democracy as well.
  • The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.

Republic:

  • Vesting the power of political sovereignty in the people and not in the individual
  • Opening up all publish offices to every citizens rather than to privileged class only.

Conclusion: SC said that Constitution should be read through the prism of Preamble. If any legislation does not pass the Prism-Test, it should be declared unconstitutional.

Q2.What is right to life and personal liberty? How have the courts expanded its meaning in recent years?

SYNOPSIS                                     

Intro

No person shall be deprived of his life or personal liberty except according to procedure established by law. Available to both Citizens as well as non-citizens. Here, Right to life also encompasses the right to lead life with Human dignity. Example: Rohingyas

The expression personal liberty does not only mean freedom from:

  • Arrest
  • Detention False or
  • Wrongful confinement

The Supreme Court of India held that it encompasses those rights and privileges that have long been recognized as being essential to the orderly pursuit of happiness by free men.

Body Part    

In the A K Gopalan case of 1950, the Supreme Court, taking a narrow view of Article 21, refused to consider if the procedure established by law suffered from any deficiencies.

The Supreme Court in the case of Maneka Gandhi vs. Union of India held that right to life embodied in Article 21 of the Indian Constitution, is not merely a physical right but it also includes within its ambit, the right to live with human dignity

                      Expanding Horizon of Article 21    

Right against sexual harassment at workplace:

  • In the case of Vishakha vs. the State of Rajasthan, the court declared that sexual harassment of a working woman workplace amounts to a violation of rights under Articles 14, 15 and 21 of the Indian Constitution.
  • The guidelines have been laid down in order to protect the rights of a woman at workplace
  • Following which the Sexual Harassment of woman at Workplace (prevention, prohibition, and Redressal) Act, 2013 was passes

Right to clean environment:

In the case of Vellore Citizens Welfare Forum vs. Union of India the Supreme Court held that though industries are vital for the country’s development, having regards to the pollution caused by them, the principle of ‘sustainable development’ has to be adopted as the balancing concept.

Right to travel abroad:

  • In the case of Satish Chandra Verma v. Union of India, SC held that right to travel abroad is an important basic human right.
  • SC was hearing an appeal filed by IPS Officer Satish Chandra Verma, who was denied permission to travel abroad on account of a pending departmental inquiry against him.
  • The court also placed reliance on its judgment in the case of Maneka Gandhi v. Union of India, where the right to travel was upheld.

Right to choose a life partner

  • In Shafin Jahan v. Union of India, Supreme Court set aside the judgment of Kerala High Court that had annulled the marriage of Hadiya and sent her back to the parents.
  • In this case Supreme Court held that the right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution.
  • In this judgement court also allowed the NIA to continue its investigation in respect of any criminality with the rider that it should not encroach upon their marital status.
  • Neither the state nor the law can dictate a choice of partners, faith or belief or limit the free ability of every person to decide on these matters. They form the essence of personal liberty under the Constitution.

Right to privacy

  • In Justice KS Puttaswamy (Retd.) Vs. Union of India (2018 SC) the nine judge Constitutional Bench of the Supreme Court in rare unanimity ruled that individual privacy is intrinsic to life and liberty and an inherent part of the fundamental rights enshrined in the Article 21 of the Constitution.
  • The right to privacy is not just a common law right, not just a legal right, not just a fundamental right under the Constitution. It is a natural right inherent in every individual.
  • A violation of privacy in the context of an arbitrary State action would attract an enquiry under following 3 points test.
  • under this test, a law:
  • Must be “reasonableness” enquiry under Article 14
  • Would have to be ‘just, fair and reasonable’ under article 21.
  • Must fall under the specified restrictions under article 19(2).
  • The decision in Khadak Singh case and MP Sharma case to the extent that it held that right to privacy is not protected by the constitution was overruled.

 Conclusion:

Article 21 scope and interpretation has been time and again defined and redefined, giving it the widest possible amplitude and judiciary has played an important role in lining up the actions of a welfare state.

Q3.What is the importance of Right to Constitutional Remedies?

 SYNOPSIS                                         

Intro

  • Any person whose legal or fundamental rights violated he/she move to the Supreme Court and High Court for the enforcement of their Right under article 32 and 226 respectively. Both the articles empower the courts to issue the decree of writs.
  • Writs are formal legal documents bearing the order of the court including the nature of habeas corpus, mandamus, Quo warranto, certiorari, and prohibition.

Body Part

Importance of Right to Constitutional Remedies

  • Without this, there would be no guarantee of other fundamental rights.
  • Article 32 is known as the “spirit of the constitution and exceptionally heart of it” by Dr. Ambedkar.
  • Article 32 makes the Supreme Court the defender and guarantor of the fundamental rights.
  • It guarantees the Rule of Law and appropriate check and equalizations between the three organs.
  • Under Public Interest Litigation. The Court now permits public interest litigations or social interest litigations at the instance of ‘public spirited citizens’ for the enforcement of Constitutional and other legal rights of any person or group of persons who by reason of their poverty or socially or economically disadvantaged position, are unable to approach the Court for relief.

Q4.How FAME 2 scheme aims to promote the use of electric vehicles in India. Illustrate

 SYNOPSIS                                 

Intro

  • The National Electric Mobility Mission Plan (NEMMP) 2020 is a National Mission document providing the vision and the roadmap for the faster adoption of electric vehicles and their manufacturing in the country.
  • As part of the NEMMP 2020, Department of Heavy Industry formulated a Scheme viz. Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles in India (FAME India) Scheme in the year 2015 to promote manufacturing of electric and hybrid vehicle technology and to ensure sustainable growth of the same.

Body Part        

Based on the experience gained during Phase 1 of FAME Scheme and suggestions of various stakeholders including industry associations, the Department of Heavy Industry notified Phase-II of the Scheme.

Salient features of FAME 2 scheme

  • The outlay of ₹10,000 crore has been made for three years till 2022 for FAME 2 scheme.
  • ₹1,000 crore has been earmarked for setting up charging stations for electric vehicles in India.
  • The government will offer the incentives for electric buses, three-wheelers and four-wheelers to be used for commercial purposes.
  • Plug-in hybrid vehicles and those with a sizeable lithium-ion battery and electric motor will also be included in the scheme and fiscal support offered depending on the size of the battery.

  How will FAME 2 scheme help improve charging infrastructure?

  • The centre will invest in setting up charging stations, with the active participation of public sector units and private players.
  • It has also been proposed to provide one slow-charging unit for every electric bus and one fast-charging station for 10 electric buses.
  • Projects for charging infrastructure will include those needed to extend electrification for running vehicles such as
  • pantograph charging and flash charging, says a notification by the heavy industries ministry.
  • FAME 2 will also encourage interlinking of renewable energy sources with charging infrastructure.
  • FAME 2 will offer incentives to manufacturers, who invest in developing electric vehicles and its components, including lithium-ion batteries and electric motors.
  • The centre has asked states to frame their EV policy and provide additional fiscal and non-fiscal incentives to manufacturers and buyers

Way Forward

The e-vehicles industry is the most sought-after industry for the green world, while the supply of lithium, the core element, is limited in occurrence.

Considering the mass of Indian population, the government should have tie-ups with countries who have lithium reserves.

Lithium supply has to be regulated so that no undue advantage or monopoly over the metal is created.

Conversion of already existing jobs into the electric-vehicles sector has to be taken care.

Q5.Despite the push for renewable energy, the country will require coal-based generation for stability.Discuss.What are the measures taken in this regard?

SYNOPSIS                                        

Intro

Currently, India stands fifth in terms of renewable energy capacity with an installed capacity of 70 GW while another 40 GW is under construction.

Government has set a target of installing 175 GW of renewable energy capacity by the year 2022, which includes 100 GW from solar, 60 GW from wind, 10 GW from bio-power and 5 GW from small hydro-power.

Body Part

According to BP Energy Outlook 2019,

  • Coal’s share in India’s primary energy consumption will decline from 56% in 2017 to 48% in 2040. But that is still nearly half of the total energy mix and way ahead of any other source of energy.
  • Oil’s share, the second largest, will decline from 29% to 23%, and the contribution of renewables will rise fivefold to 16%.
  • Even the NITI Aayog, which replaced the Planning Commission, in a 2017 report estimated the share of coal in the energy mix in 2040 to be at least 44%.

Reasons

  • Coal occupies 55% share in primary energy supply and about 75% in electricity generation. Electricity generation is responsible for two-thirds of India’s coal consumption
  • This, combined with the growth of coal-consuming industrial sectors like steel, is why the solid fuel source will continue to be integral to India’s economy in the next couple of decades
  • Renewable energy plants face Issues related to land acquisition, funding and policy.
  • Till battery technologies to store solar power improve and become cost-effective, the country’s peak electricity demand will have to be met by thermal power.

Government Measures

  • Government is undertaking measures to ramp up the domestic coal production from the current level of 730 MT to 1149 MT by 2023 thereby eliminating the coal import.
  • Government is opening new mines, expanding the capacity of existing mines and creating new evacuation infrastructure to ramp up the domestic coal production. CIL alone is poised to commission 11 new coking coal washeries in a phased manner.
  • Easing of mine plan approval
  • Doing away with system of previous approval of Central Govt. for grant of mining lease,
  • Streamlining the grant of permits and clearances,
  • Greater coordination with State in matters relating to land acquisition, grant of lease, and
  • Creation of sufficient coal evacuation.
  • Promoting diversified use of coal such as conversion of coal to synthesis gas and subsequent use of the latter to produce methanol or fertilizers. Infrastructure.

Conclusion

If the Indian economy is to continue to grow at 7%, the rise in electricity demand from industry and households cannot be met by wishing away coal-fired power, especially not till renewable energy becomes a reliable and affordable alternative to thermal power.

Q6.Criticaly discuss the objective behind the government ordinance to reduce the corporate tax rate for domestic firms and new manufacturing units.

SYNOPSIS                                                                       

Intro

  • The government slashed the corporate tax rate to 22% from 30% for existing companies, and to 15% from 25% for new manufacturing companies.
  • Including a surcharge and cess, the effective tax rate for existing companies would now come down to 25.17% from 35%
  • In line with similar steps taken by the US and UK to battle the slowdown and attract investments and brings its tax rates to among the lowest in South East Asia.

Body Part (benefits and limitations are given in pic)        

target2020
By target2020 October 8, 2019 15:00 Updated