Abhyaas News Board - 2024 - November 2024 (1 To 15 Days)
Abhyaas News Board - 2024 - November 2024 (1 To 15 Days)
Abhyaas News Board - 2024 - November 2024 (1 To 15 Days)
Abhyaas Newsboard...
For the quintessential test prep student
2. Not all private property can be taken over by state for ‘common good': SC upsc
2024
Why in the news?
Recently, the Supreme Court of India, in a nine-judge bench decision, ruled that the State cannot take over private
property merely by claiming it is for the “common good.”
Background of the Case
The case was initiated by the Property Owners Association in Mumbai, challenging a part of the Maharashtra
Housing and Area Development Act, 1976.
This law allowed the State to acquire private property and pay compensation as low as 100 times the monthly
rent.
Filed in 1992, the case was referred to a nine-judge bench in 2002 and finally resolved in 2024.
What Is Private Property?
Private property refers to land, buildings, or resources owned by individuals or groups.
In India, the right to property was originally a fundamental right under Articles 19(1)(f) and 31 of the
Constitution.
However, the 44th Constitutional Amendment (1978) made it a legal right under Article 300A, ensuring the
State can only acquire private property with due process and fair compensation.
Supreme Court’s Key Decisions
1. Community Resources vs. Private Property
o The court ruled that not all private property could be considered community resources under Article
39(b) of the Constitution.
o Assessing whether a private property is a community resource should be done case-by-case, not as a
blanket rule.
o The ruling overturned Justice Krishna Iyer’s 1978 judgement, which had broadly interpreted Article
39(b) to include private property.
2. Article 39(b):
o This article directs the State to distribute “material resources of the community” in a way that serves
the common good.
3. Article 31C:
3. J&K Assembly passes resolution for restoration of special status, seeks ‘dialogue’ -
Why in the news?
J&K assembly passed a resolution to restore its special status amid protests from BJP, highlighting ongoing tensions
over the 2019 revocation of Article 370.
The resolution avoided mentioning Articles 370 or 35A, which were the basis of J&K's earlier special status.
Valley-based political parties praised the resolution, while the BJP strongly protested, demanding its
withdrawal.
The ruling National Conference (NC) said it fulfilled one of its key manifesto promises. Chief Minister Omar
Abdullah stated that the Assembly had done its part.
What Was the Special Status of J&K?
On August 5, 2019, the Central Government made significant changes to J&K’s status:
The President of India used powers under Article 370(1) to issue the Constitution (Application to Jammu and
Kashmir) Order, 2019.
Instead of completely removing Article 370, it was amended to bring J&K fully under the Indian
Constitution.
Key Points About Article 370
1. Introduction:
o Added to the Constitution in 1949, Article 370 gave J&K autonomy over internal matters except
defense, foreign affairs, finance, and communication.
o J&K had its own Constitution and the power to decide which Indian laws applied to it.
2. Amendment Powers:
o The J&K Reorganisation Act, 2019, split the state into two Union Territories:
Jammu & Kashmir (with a Legislative Assembly).
Ladakh (without a Legislative Assembly).
o J&K became the first Indian state to be converted into Union Territories.
3. Governance Changes:
o A Lieutenant Governor (LG) replaced the Governor.
o The J&K Legislative Assembly’s term was reduced from 6 years to 5 years.
o The J & K Assembly can legislate on most subjects, but public order and police remain under the
Central Government.
4. Impact on Laws:
o All Indian laws now apply to J&K, including the Right to Information Act and Right to Education
Act.
o Article 360 (Financial Emergency) is now applicable to J&K.
o Article 35A, which granted special privileges to J&K residents, was nullified.
5. Changes in Representation:
o J&K’s six Lok Sabha seats were divided:
Five seats for the Union Territory of J&K.
One seat for Ladakh.
Unique Constitutional Guarantees in Other States
India’s Constitution allows special provisions for some states:
Articles 371 to 371I provide special guarantees to states like Andhra Pradesh, Maharashtra, Gujarat, and
several in the Northeast.
These provisions address unique local needs while maintaining national unity.
Key Takeaway
The 2019 changes fundamentally reshaped J&K’s relationship with India, removing its special autonomy and
integrating it fully under the Indian Constitution. The recent Assembly resolution reflects ongoing demands for
restoring the region’s unique status within India.
2. Two-Part Test:
o First Step: Identify the founders and their intentions through documents and correspondence.
o Second Step: Evaluate if the institution’s administration protects the interests of the minority
community.
How Does This Decision Overturn the 1967 Azeez Basha Ruling?
1. Overruling:
o The 1967 decision stated that AMU was not a minority institution because it was created by a law.
o The new judgment considers historical and community intent, not just formal legal definitions.
2. Administrative Autonomy:
o AMU will have more control over admissions, hiring, and internal policies, allowing it to align with
the needs of the Muslim community.
3. Strengthening Minority Rights:
o The ruling reinforces Article 30(1), ensuring minorities can establish and manage educational
institutions without undue interference.
Way Forward
Offenses not specifically covered under the 1974 Act are no longer punishable with jail but with fines of
₹10,000 to ₹15 lakh.
Conclusion
The new amendments and rules under the Water Act 2024 aim to make water pollution control more effective while
reducing unnecessary harassment of businesses and individuals. With a focus on fines instead of jail time, the Act
ensures stricter enforcement of pollution norms while promoting Ease of Living and Ease of Doing Business.
2. International Relations
Abhyaas Newsboard ... www.lawprep.in Page 10
November -2024 (1 to 15 days)
1. US puts 19 Indian firms on sanctions list, says helped Russia with materials, tech
Why in the News?
The U.S. recently imposed sanctions on about 400 entities and individuals, including 19 Indian companies and two
Indian nationals, for allegedly supporting Russia’s war efforts in Ukraine.
Sanctions are measures to restrict trade, financial transactions, or investments with the targeted entities, aiming to cut
off their access to U.S. markets and resources. These restrictions can severely impact business operations globally,
causing firms to lose partners and face financial setbacks.
What are Economic Sanctions?
Understanding Sanctions:
Sanctions are actions taken to stop or limit economic interactions with a target. They can include:
Import/export bans
Asset freezes
Exclusion from banking systems
Sanctions are categorized as:
Comprehensive: Affect entire countries (e.g., the U.S. embargo on Cuba).
Targeted: Focus on specific individuals, companies, or groups (e.g., sanctions on Russian firms).
Global Mechanisms for Sanctions:
Imposed by individual nations: The U.S. sanctions countries like Iran, North Korea, and Russia, which is
currently the world’s most sanctioned country due to the Ukraine war.
International bodies: Organizations like the UN and the EU also impose sanctions.
Effectiveness and Criticisms:
Sanctions aim to exert economic pressure, but their effectiveness is debated.
Targets often find ways to bypass restrictions, and enforcing sanctions can impact the sanctioning country’s
industries.
For instance, despite Western sanctions, Russia’s economy is resilient due to trade with nations like India and
China.
Sanctioned Indian Firms and Individuals
Indian Companies Involved:
The U.S. accused 19 Indian companies of supplying critical components to Russian firms linked to the defense
sector. These sanctions block these companies from trade or financial dealings with the U.S.
Some examples:
1. Ascend Aviation India Private Limited:
o Sent over 700 items worth $200,000, including U.S.-origin aircraft parts, to Russian companies from
March 2023 to March 2024.
o These items are part of the Common High Priority List (CHPL), which includes 50 critical items
Russia seeks for its weapons programs.
2. Mask Trans:
o Supplied CHPL-listed aviation components worth $300,000 to a Russian company, S7
ENGINEERING LLC, between June 2023 and April 2024.
3. TSMD Global Private Limited:
o Exported CHPL items worth $430,000, like integrated circuits and CPUs, to Russian firms from July
2023 to March 2024.
4. Futrevo:
o Provided $1.4 million worth of electronic components to SMT-ILOGIC, a manufacturer of drones,
between January 2023 and February 2024.
2. LignoSat
Why in the news?
The world's first wooden satellite LignoSat built by Japanese researchers was launched into space in an early test of
using timber in lunar and Mars exploration.
About LignoSat:
LignoSat is a unique satellite made using wood, combining the words “ligno” (Latin for wood) and “satellite.” It is
the result of joint research by Kyoto University and Sumitomo Forestry Co.
Key Features of LignoSat:
1. Purpose:
o To test the use of wood as an eco-friendly and cost-effective material for space exploration.
o The goal is to demonstrate how renewable materials like wood could support future human activities
in space.
2. Material Used:
o Made from magnolia wood, selected for its strength and adaptability to harsh conditions in space.
3. Journey to Space:
o It will be sent to the International Space Station (ISS) aboard a SpaceX rocket from the Kennedy
Space Center.
o Once at the ISS, it will be released from the Japanese experiment module to test its durability.
4. Data Collection:
o Researchers will track the satellite’s performance, focusing on its ability to handle extreme
temperature changes and any signs of damage or strain.
Why Use Wood in Satellites?
Eco-Friendly:
o When wooden satellites re-enter Earth’s atmosphere, they burn up completely without releasing
harmful metal particles, unlike traditional satellites.
o This helps reduce air pollution caused by satellite debris.
Sustainable:
o Wood is a renewable material, making it a more environmentally conscious choice for space
missions.
LignoSat is a step toward using sustainable materials in space technology, proving that even traditional materials like
wood can have futuristic applications.
2.COP 29
Why in the news?
The 29th Conference of the Parties (COP 29) under the United Nations Framework Convention on Climate Change
(UNFCCC) will take place in Baku, Azerbaijan, from November 11 to 22, 2024. This global event aims to address
critical issues like climate change mitigation, adaptation, and financing.
What is COP?
COP is the main decision-making body of the UNFCCC, a treaty signed in 1992 by 197 countries and the
European Union to combat climate change.
Every year, COP meetings focus on tracking climate goals, discussing emissions reductions, and formulating
policies to fight climate change.
Key Highlights of COP 29
Theme: “Investing in a Livable Planet for All”
Main Goals
1. Climate Finance: Raise funds to support countries, especially developing ones, in their fight against climate
change.
2. Technology: Promote renewable energy and innovative technologies to reduce carbon emissions.
3. Adaptation: Develop strategies to deal with climate impacts like floods and droughts.
Why is COP 29 Important?
COP has achieved several milestones in global climate action over the years:
1. Kyoto Protocol (1997):
o Legally required developed nations to reduce emissions by 4.2% by 2012 compared to 1990 levels.
2. Copenhagen Accord (2009):
o Introduced the idea of limiting global warming to 2°C.
o Promised financial aid for vulnerable countries.
3. Paris Agreement (2015):
o Aimed to limit global warming to 1.5°C–2°C.
o Countries set their own emission reduction goals, called Nationally Determined Contributions
(NDCs).
4. Glasgow Pact (2021):
o First agreement to address coal use and phase out inefficient fossil fuel subsidies.
5. Loss and Damage Fund (2023):
o Established to help countries suffering from climate-related disasters.
Main Objectives of COP 29
1. Climate Finance:
o Finalize the New Collective Quantified Goal (NCQG) to mobilize funds for developing countries.
2. Mitigation and Adaptation:
o Strengthen efforts to cut greenhouse gas emissions and prepare for the impacts of climate change.
3. Technology Transfer:
o Encourage the sharing of clean technologies to support global efforts.
4. Global Stocktake:
o Review global progress toward the Paris Agreement goals.
1. Net-Zero Goal:
o India aims to achieve net-zero emissions by 2070, balancing economic growth with sustainability.
2. Renewable Energy:
o Young people globally are demanding stronger climate action and transparency.
o They have criticized the influence of fossil fuel industries on the negotiations.
Conclusion
COP 29 in Baku is a critical platform for countries to collaborate on climate solutions. It emphasizes the urgency of
climate finance, innovation, and inclusive partnerships to achieve global goals. India, with its proactive efforts, will
play a key role in advocating for fair and effective climate policies.
o The company must confirm that the reclassification follows FDI sectoral rules and investment caps.
o This ensures compliance with FDI restrictions in specific sectors.
o In sectors where FDI is not allowed, FPIs cannot reclassify their investments.
o FPIs must clearly state their intent and get the required approvals before reclassification.
Why Are These Guidelines Important?
The RBI’s guidelines aim to:
Streamline FPI investments that exceed the allowed limits.
Ensure foreign investments follow FDI rules and sector-specific caps.
Maintain regulatory consistency to protect India’s financial and economic interests.
These measures help safeguard India’s economy while encouraging foreign investment in a structured way.
6. Miscellaneous
1. Radhakrishnan Report on Entrance exams
4. Government Control and More Permanent Staff at NTA: The committee advises the government to have
more control over the management of exams. This includes increasing the number of government-run exam
centers and employing more permanent staff for the NTA, which currently relies on temporary staff.
5. Reducing the Number of Subjects in CUET: The committee believes that students shouldn’t have to take
multiple entrance exams for subjects they've already studied in school, such as science students who have
already taken board exams in related subjects. They suggest that exams like the Central University Entrance
Test (CUET) should focus more on general aptitude and basic subject knowledge, rather than testing every
subject separately.
6. Improving Exam Security: After the NEET-UG paper leak, the committee emphasized the need to make the
process more secure. Digital transmission of question papers would reduce the chances of the paper being
leaked at any point in the process.
The committee’s report was recently submitted to the Education Ministry. It includes long-term measures to improve
the way all entrance exams are conducted in India, not just NEET-UG.
The panel also recommends that more government centers be used for conducting exams instead of private centers,
which have been linked to some security issues in the past.
Overall, the goal of these changes is to make the examination process more secure, fair, and efficient for all students.