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 .
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 .
● 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