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In a landmark ruling Monday, a Constitution Bench of the Supreme Court unanimously put its stamp of approval on the Modi government’s August 2019 decision to end the special status of the then State of Jammu and Kashmir by abrogating the contentious Article 370 of the Constitution.
The five-judge Bench, comprising Chief Justice of India D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, in three separate but concurring judgements, ordered restoration of statehood “at the earliest”, set a September 30, 2024 deadline for holding Assembly elections in the Union Territory of J&K and also upheld the validity of the Centre’s decision to carve out the Union Territory of Ladakh from the erstwhile State.
Justice Kaul, in his ruling, recommended the “setting up of an impartial truth and reconciliation commission” to “investigate and report on the violation of human rights both by State and non-State actors perpetrated in Jammu & Kashmir at least since the 1980s and recommend measures for reconciliation”.
In Parliament
Govt decides to withdraw three criminal law bills (Page no. 8)
(GS Paper 2, Governance)
After four days of deadlock, a new draft agreement text emerged at COP28 climate meeting that severely watered down earlier provision on fossil fuel elimination but singled out coal for a rapid phase-down, which could be problematic for India.
The draft agreement text was immediately rejected by the European Union and some small island states, which could prolong the negotiations beyond the scheduled closing day.
We think that there are elements in the text that are wholly unacceptable,” Spain’s Minister for Ecological Transition Teresa Ribera said, speaking on behalf of EU.
There are good things, but overall it is clearly insufficient and not adequate to addressing the problem we are here to address.
The main disappointment was over the dilution of a provision regarding the use of fossil fuels. The new draft called upon countries to “reduce both consumption and production of fossil fuels, in a just, orderly and equitable manner”.
Govt & Politics
India – led Global river cities alliance launched (Page no. 9)
(GS Paper 3, Environment)
The National Mission for Clean Ganga (NMCG), which implements the government’s flagship Namami Gange programme, has launched the Global River Cities Alliance (GRCA).
The GRCA was launched at the United Nations Climate Change Conference COP28 in Dubai. In a statement, the NMCG said: “Expanding the reach of the River Cities Alliance formed by NMCG in association with NIUA with 142 Indian River cities as members, river cities of Den Haag, from the Netherlands, Adelaide from Australia, and Szolnok of Hungary joined the Global River Cities Alliance.”
On December 6, the RCA had signed a Memorandum of Common Purpose (MoCP) with 124 member Mississippi River Towns and Cities Initiative of the US. This is first of its kind alliance in the world.
The launch of GRCA signifies a momentous step in global efforts towards river conservation and sustainable water management. Following this, partner countries are poised to coordinate post-COP activities, shaping the architecture of GRCA for effective implementation.
NMCG Director General G Asok Kumar quoted PM Narendra Modi’s call for new river planning, stressing the need to mainstream rivers in urban planning without a regulatory mindset.
Express Network
Local bodies can be allocated a portion of GST collections says NK Singh (Page no. 11)
(GS Paper 3, Economy)
A certain percentage of the Goods and Services Tax can be allocated to support the third tier — local municipalities, according to NK Singh, Chairperson, 15th Finance Commission and also the chair of the policy think tank Institute of Economic Growth.
Delivering the keynote address at the inaugural session, ‘Our Cities’, in association with the Omidyar Network, Singh said, the scarcity of resources faced by the third tier has been exacerbated by the merging of taxes with the GST.
This is a key concern,” he said, and emphasised the importance of financial autonomy and adherence to constitutional requirements.
I stayed away from that (allocation out of GST collections to the third tier) since it is not a function of the Finance Commission but of the GST Council. (However) more thought needs to be given beyond what property tax can do to substantially enhance the resources of the third tier.
Editorial
A conjuring trick (Page no. 14)
(GS Paper 2, Judiciary)
The judgment of the Supreme Court, upholding the abrogation of Article 370, is a massive legal victory for the Narendra Modi government’s approach to Jammu and Kashmir: No procedural niceties, historical promises, or legal complexities should stand in the way of its version of the relationship between Jammu and Kashmir and the Indian Union.
How people assess this judgment will be determined by how our political history turns. Or, will this be the final and full integration of the state into India’s constitutional scheme, an improvement on the half measures that characterised the situation before the abrogation of 370? Will the sullen silence in the Valley be interpreted as a final victory? Or will it, as Justice Kaul’s unprecedented and heartfelt plea observed, offer an opportunity to set Kashmir on the path of truth and reconciliation?
Ideas Page
Constitutional integration (Page no. 15)
(GS Paper 2, Judiciary)
On December 11, the Supreme Court of India (SC) delivered a historic judgment on the abrogation of Articles 370 and 35(A).
Through its judgment, the Court has upheld the sovereignty and integrity of India, something that is cherished by every Indian. The SC rightly observed that the decision taken on August 5, 2019, was done to enhance constitutional integration and not disintegration. The Court has also recognised that Article 370 was not permanent in nature.
Jammu, Kashmir and Ladakh’s breathtaking landscapes, serene valleys, and majestic mountains have captivated the hearts of poets, artists and adventurers for generations.
It is a place where the sublime meets the extraordinary, where the Himalayas reach for the sky, and the pristine waters of its lakes and rivers mirror the heavens.
But, for the last seven decades, these places have witnessed the worst forms of violence and instability, something which the wonderful people never deserved.
Explained
Key aspects of A -370 verdict (Page no. 19)
(GS Paper 2, Judiciary)
The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution on Monday.
A Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud upheld the constitutional validity of the two Presidential Orders CO (The Constitution (Application To Jammu and Kashmir) Order) 272 and 273 of August 5 and 6, 2019 respectively by which the entire Constitution of India was made applicable to J&K, and all provisions of Article 370 were declared inoperative.
This is what the court said on four key issues in the challenge to the decisions of the government. On the sovereignty of Jammu and Kashmir
The petitioners had argued that J&K retained an element of sovereignty when it joined the Indian Union in 1947. This arrangement, they argued, was distinct from the relationship with the other princely states that merged with India.
What was Bommai judgement (Page no. 19)
(GS Paper 2, Judiciary)
In upholding the abrogation of Article 370, the Supreme Court on Monday relied heavily on its landmark 1994 judgement in SR Bommai v Union of India.
In Bommai, a nine-judge bench of the Supreme Court interpreted Article 356 of the Constitution to define the contours of proclamation of President’s rule.
Article 356 contains provisions “in case of failure of constitutional machinery in States”, including that for the imposition of President’s rule.
While all nine judges unanimously upheld the provision, the Court ruled that the President’s decision would be subject to judicial review.
Bommai is still the settled law on when and how President’s rule can be imposed, and was invoked in recent cases challenging President’s rule in Uttarakhand (2016) and Arunachal Pradesh (2016), both of which were overturned by the Supreme Court.
Truth and reconciliation commission (Page no. 19)
(GS Paper 2, Judiciary)
The Supreme Court, unanimously upheld the abrogation of Article 370 by the Centre in 2019. The five judge bench delivered three, concurring opinions on the matter, holding that the erstwhile state of Jammu and Kashmir effectively holds no special status in the Indian Union.
Justice Sanjay Kaul, in his opinion, recommended setting up a Truth and Reconciliation Commission to look into alleged violations of human rights by both state and non-state actors in J&K. It should be based on a dialogue and not become a criminal court, he added.
A Truth and Reconciliation Commission, also known as a ‘truth and justice commission’ or simply, a ‘truth commission’, is an official mechanism to not just acknowledge, but also reveal, wrongdoings by a government (or sometimes non-state actors or combatants) so that conflicts of the past can be addressed and resolved.
World
Australia to halve migrant intake (Page no. 20)
(GS Paper 2, International Relation)
Australia on Monday said it would tighten visa rules for international students and low-skilled workers that could halve its migrant intake over the next two years as the government looks to overhaul what it said was a "broken" migration system.
Under the new policies, international students would need to secure higher ratings on English tests and there would be more scrutiny on a student's second visa application that would prolong their stay.
"Our strategy will bring migration numbers back to normal," Home Affairs Minister Clare O'Neil said during a media briefing.
"But it's not just about numbers. It's not just about this moment and the experience of migration our country is having at this time. This is about Australia's future."
Prime Minister Anthony Albanese over the weekend said Australia's migration numbers needed to be wound back to a "sustainable level," adding that "the system is broken."