Summary of The Hindu 12th DECEMBER 2023

SC upholds repeal of J&K’s special status

A 5 Judge constitution bench of Supreme Court ( SC ) unanimously has upheld abrogation of article 370 as valid .

The major points of the Supreme Court’s verdict are :

     J&K only a special case under India – Jammu and Kashmir have ‘ internal sovereignty ‘ different from other states and its status under article 370 was only a form of assymetric federalism .

     370 temporary provision – From historical context , it is clear that article 370 is only a temporary provision .

     President under 370 ( 3) , had power to unilaterally issue on ceasing of Article 370 . After the constitutituent assembly dissolved the power didnt cease .

About the case on legality of Article 370 abrogation :

Article 370 , used to give special status of Jammu and Kashmir , because of which it had its own constitution , its own flag , governement interference was very limited . In 2019 Article 370 was abrogated  and , under Jammu and Kashmir Reorganisation Act , Jammu and Kashmir was split in two  Union Territory ( UT )  Jammu and Kashmir and Laddakh.

Petitioners were telling that Govt of India had no power to abrogated Article 370 and abrogation was constitutionally invalid .

Article 370 had provision that it can be abrogated by President of India but only after consultation of J&K constituent assembly .

J&K constituent assembly  was dissolved in 1957 . Petitioners were making it one of their points , that article 370 is permanent as J&K assembly does not exist .

     Other important points of Judgment

     The court found it unnecessary to examine bifurcation of J&K in two UTs . The court directed Election Commission of India to hold polls before 30 September ,2024 .

     SC held decision to carve out Laddakh from J& K valid .

PM Modi in his tweet on SC verdict wrote on X

“ It is a declaration of hope , progress and unity for our sisters and brothers of Jammu and Kashmir and Ladakh “ .

Struggle will continue : J&K parties

Political parties in Jammu and Kashmir on Monday expressed disappointment over apex court’s verdict upholding the center’s decision .The National Conferences chief Omar Abdullah , PDP chief Mahbooba Mufti. Ghulam Nabi Azad were among the leaders to express their displeasure on the court’s verdict .

BJP springs surprise , picks Mohan Yadav as new Madhya Pradesh  CM

Springing a surprise  BJP MLA from Ujjain ( Dakshin ) MLA Mohan Yadav has been Chisen as the next CM of Madhya Pradesh . Two deputy speakers has also been chosen.

Former Union Minister Devendra Singh Tomar has been  chosen as the next assembly speaker

President’s actions during state emergency open to scrutiny : SC

The Supreme Court on Monday held that the declaration of state of emergency under article 356 and the subsequent actions of the president should have a “ reasonable nexus “ .

Means that President rule can not be imposed without a reason , there should be a reasonable base to impose it .

Regarding Jammu and Kashmir :

The crisis began in june 19 , 2018 when , after BJP withdrew support .

Governor the very next day took power to himself “ in the effect of failure of the constitutional machinery . The governor dissolved the legislative assembly barely one months later and president rule was imposed .

SC verdict has ‘ no legal value ‘ , says Pakistan

Pakistan caretaker foreign minister Jalin Abbas Jilani said “ International laws doesn’t recognise India’s illegal action on August 5 , 2019 . The judicial endorsement by Indian Supreme Court has no legal value . Kashmiris has inalienable right to self determination in accordance with the relevant UNSC resolutions“

Justice Kaul calls for impartial “ Truth and Reconciliation “ panel

Justice Sanjay Krishna Kaul one of the five judeges that pronounced decision on Article 370 , recommended setting up an “ Impartial truth and Reconciliation. Commission “ .

The commission would investigate the report of human right violation penetrated by both states and non state actors .

World

Civilians caught in cross fire as battle rages in Gaza’s cities

Israeli Military battled Palestinian militants in two of the Israell ‘s largest cities , Khan Younis and  the main city Gaza . Apart from the town of Jabaliya also saw heavy fighting between Israel Military and Hamas militant .

Hamas is believed to have suffered heavy losses , but on Monda

y it fired barrage of rockets on Tel Aviv .

Palestinians go on strike over Gaza onslaught

Shops schools and Government offices shut across the West Bank and East Jerusalem as Palestinians staged protest against Israeli attack in Gaza .

Nationwide strike in solidarity with Gaza was also observed in Lebanon .

The stoppage of also observed in several part of Turkey in support of Palestinians .

Draft climate deal fails to ‘ phase out ‘ fossil fuels

The Draft resolution document under CoP 28 , Dubai has added strong words against coal .

The term  “ rapidly phase out unabated coal “ has been included . Earlier the phrase was ‘ phase out ‘ of fossil fuels .

India , Indonesia and China which are major consumer of coal powers and developing countries can find it objectionable .

For India major chunk of power comes from Coal .

Burning of fossil fuels contribute to nearly 80 % of the green house has emissions of which coal make up about 40% and oil and gas collectively constitute the rest .

Countries are looking at ways to limit global temperature rise to 1.5 degree celsius .

Burno g of fossil fuels

India , China

 rapidly phase down coal , that countries such as India , China and Indonesia are finding difficult

Text / Context

Can Bihar increase its reservation pool

On November 17 Bihar Governor approved two laws related to increasing the quantum of reservation in job and education in state to 75% , including 20% to scheduled caste , 2% for scheduled tribe , 18% for backward class , 25% for extremely backward class and 10% for economically weaker section ( EWS ) .

Supreme Court ( SC ) though in its previous judgment has emphasized for 50 % reservation ceiling .

SC judgenets

     1963 MR Balaji case – SC explained reservation as “ exception “ and “ special provision “ under constitutional scheme . Therefore they cannot be provided more than 50 % post .

     1976- SC  reemphasised reservation as facet of equality .Rather than an exception. But 50 % ceiling remained unaltered .

     1990 Mandal Commission case – Nine Judge bench held 50 % case binding rule , however not without exception . A state can exceed the limit in special circumstances .

     103rd Constitutional Amendment – 10% additional reservation under EWS ( economic Weaker Section ) that means that including EWS reservation the limit is 60% .

 

Other states that have already surpassed 50% quota limit are : Chhatisharh ( 72% ) , TamilNadu ( 69% ) , Arunachal Pradesh ,Meghalaya , Mizoram and Nagaland ( 80 % ) each, Lakshdeweep ( 100 % )

 

The two laws have again sparked debate 

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