UPSC Key : Non-performing assets, Impeachment of Judges, One Nation and One Election

Preliminary Examination: Current events of national importance and Polity

Mains Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What’s the ongoing story: The focus of an impeachment bid in the Rajya Sabha where the Opposition has accused him of “hate speech” and “incitement to communal disharmony,” Allahabad High Court judge Justice Shekhar Kumar Yadav has been called by the Supreme Court Collegium for a meeting next week, The Indian Express has learnt. The meeting may be held as early as December 17.

Key Points to Ponder:

• What is the constitutional process for the impeachment of a High Court judge in India? 

• What is the role of the Supreme Court Collegium in the context of judicial accountability in India?

• What constitutes “hate speech” and what are its legal implications under Indian law?

• What are the constitutional provisions related the Judiciary?

• What are the powers and functions of High Court judges?

• What is the Judges Inquiry Act, 1968, and what are its key provisions?

• What are the powers of the Rajya Sabha Chairman?

Key Takeaways:

• On December 10, the apex court had reportedly taken note of Justice Yadav’s controversial speech at an event organised by the legal cell of the Vishwa Hindu Parishad and sought “details” from the High Court. On December 13, 55 Opposition MPs in the Rajya Sabha gave a notice for moving a motion to impeach him.

• The Vice President of India (Chairman of Rajya Sabha) can accept or reject the Opposition’s impeachment notice.

• If accepted, a three-member committee — two judges and a jurist — will be constituted to probe the complaint and determine if it is a case fit for initiating impeachment. This committee will include one judge from the Supreme Court and the Chief Justice of a High Court since the complaint is against a High Court judge.

• According to Article 124 (4), the motion for impeachment “has to be supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting” — in both the Lok Sabha and the Rajya Sabha. Given the NDA’s numbers in both Houses, the motion of impeachment is unlikely to clear either Lok Sabha or Rajya Sabha.

Do You Know:

• The process of impeachment of a judge of the Supreme Court is laid down in Article 124(4) of the Constitution of India. Article 218 says the same provisions shall apply in relation to a judge of the High Court as well.

• Under Article 124(4), a judge can be removed by Parliament through a laid-down procedure on only two grounds: “proved misbehaviour” and “incapacity”.

• The provision states: “A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.”

• In other words, for an impeachment motion against an SC or HC judge to go through, at least two-thirds of those “present and voting” in both Lok Sabha and Rajya Sabha must vote in favour of removing the judge — and the number of votes in favour must be more than 50% of the “total membership” of each House.

• If Parliament passes such a vote, the President will pass an order for the removal of the judge. The grounds and the process for impeachment have a high bar in order to ensure the independence of the judiciary is protected. 

• Notably, The procedure to be followed for impeachment of a judge is laid down in the Judges Inquiry Act, 1968. Under Section 3 of the Act, for a motion of impeachment to be taken up, it has to be moved by not less than 100 members in the Lower House, and at least 50 members in the Upper House.

Other Important Articles Covering the same topic:

📍Motion to impeach Allahabad HC judge: Process of impeachment, past attempts

Previous year UPSC Prelims Question Covering similar theme:

(1) Consider the following statements: (UPSC CSE 2020)

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.

2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.

3. The details of the process of impeachment of the Judges of the Supreme Court of India is given in 4 the Judges (Inquiry) Act, 1968.

4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 3 only

(c) 3 and 4 only

(d) 1, 3 and 4

 

THE CITY PAGE

CAQM revises air pollution control curbs

Syllabus:

Preliminary Examination: General issues on Environmental Ecology, Biodiversity and Climate Change- that do not require subject specialisation.

Mains Examination: General Studies-II, III: Government policies and interventions Conservation, environmental pollution and degradation, environmental impact assessment.

What’s the ongoing story: Schools in Delhi-NCR have to mandatorily opt for hybrid classes, instead of solely operating online, when their air quality worsens; entry of polluting inter-state buses is to be prohibited when the air is forecast to turn ‘very poor’: These are among the revisions made to the Graded Response Action Plan by the Commission for Air Quality Management (CAQM) Saturday. 

Key Points to Ponder:

• What is air pollution and what are its sources? 

• What is the Air Quality Index?

• What are the reasons behind the poor air quality in northern India, especially during the winters?

• What are different air pollutants and their sources?

• How does air pollution impact the economy, health, and environment?

• What is the Graded Response Action Plan (GRAP)?

• Read about the Commission for Air Quality Management (CAQM) and the Central Pollution Control Board (CPCB).

• What are the government initiatives and programs for combating air pollution in India? 

• What steps should be taken to control air pollution?

Key Takeaways:

• As per the CAQM order, certain targeted curbs that were earlier in GRAP Stages III (severe) and IV (severe+) have been incorporated in Stages II (‘very poor’) and III, tightening the control plan.

• The revision follows the Supreme Court’s directions on December 5, asking the Commission to consider incorporating certain additional measures under GRAP Stage II-III.

Do You Know:

• GRAP is a set of emergency measures that kick in to prevent further deterioration of air quality once it reaches a certain threshold. Stage 1 of GRAP is activated when the AQI is in the ‘poor’ category (201 to 300). The second, third and fourth stages are activated three days ahead of the AQI reaching the ‘very poor’ category (301 to 400), ‘severe’ category (401 to 450) and ‘severe +’ category (above 450) respectively.

• Measures being imposed under the previous categories continue even when the subsequent category is activated, that is, if measures under Stage-2 are activated, measures under Stage-1 will continue to remain in place.

• The GRAP was first notified in January 2017 by the Ministry of Environment, Forest and Climate Change. This was based on a plan that was submitted by the Central Pollution Control Board (CPCB) in November 2016. According to the notification, the task of implementing the GRAP fell on the now-dissolved Environment Pollution (Prevention and Control) Authority for the NCR. From 2021 onwards, the GRAP is being implemented by the Commission for Air Quality Management (CAQM).

• CAQM was constituted through the CAQM Act, 2021, which came into force in the same year on April 13. The air quality monitoring body is tasked with better coordination, research, identification, and resolution of problems surrounding the air quality index and related matters in NCR and adjoining areas. It has the power to take measures, issue directions and entertain complaints to protect and improve the air quality in the region.

Other Important Articles Covering the same topic:

📍UPSC Issue at a Glance | Air Pollution: 4 Key Questions You Must Know for Prelims and Mains

Previous year UPSC Prelims/Mains Question Covering similar theme:

(2) In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index? (UPSC CSE 2016)

1. Carbon dioxide

2. Carbon monoxide

3. Nitrogen dioxide

4. Sulfur dioxide

5. Methane

Select the correct answer using the code given below:

(a) 1, 2 and 3 only

(b) 2, 3 and 4 only

(c) 1, 4 and 5 only

(d) 1, 2, 3, 4 and 5

 

IN PARLIAMENT WINTER SESSION

One Nation, One Election bill to be introduced in LS tomorrow 

Syllabus:

Preliminary Examination: Current events of national importance and Polity

Mains Examination: General Studies-II: Polity, Parliament and State legislatures, Constitutional Bodies. 

What’s the ongoing story: Bills to enable simultaneous elections to the Lok Sabha as well as state and Union territory assemblies will be introduced in the Lok Sabha by Union Minister for Law and Justice Arjun Ram Meghwal on Monday as per the list of business for the day.

Key Points to Ponder:

• What are the constitutional provisions associated with the elections in India?

• What is simultaneous elections? 

• What is the history of simultaneous elections in India?

• What are the advantages and disadvantages of implementing simultaneous polls?

• Read the recommendations of the Kovind committee.

• How does the Election Commission of India conduct elections in India?

• What are the challenges in conducting free and fair elections in India?

• Read about the Election Commission of India. 

Key Takeaways:

• On Thursday, the Cabinet approved the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment Bill), 2024, and circulated it to MPs on Friday evening.

• As per the draft Bills, simultaneous elections would come into effect on an “appointed date” to be notified by the President on the first sitting of the Lok Sabha after a general election. 

• As per the Constitution Amendment Bill, all state assemblies elected after this appointed date would have their terms curtailed to end along with that of the full term of the Lok Sabha, thereby paving the way for simultaneous elections.

• Since the first sitting of the Lok Sabha elected in 2024 is past, the earliest the appointed date can be notified is the first sitting of the House elected in the 2029 elections. This means that simultaneous polls could be held by 2034 when the full term of that House ends.

• The Bill adds a new Article 82(A) (simultaneous elections to the House of the People and all Legislative Assemblies) and amends Article 83 (Duration of Houses of Parliament), Article 172 (Duration of State Legislatures), and Article 327 (Power of Parliament to make provision with respect to elections to Legislatures).

• Similarly, the Bill for Union territories makes the same changes to provisions for the assemblies of Delhi, Jammu and Kashmir, and Puducherry.

• The Bills were drafted as per the recommendations of the high-level committee chaired by former President Ram Nath Kovind, which was appointed by the Law Ministry on September 2, 2023 to suggest ways and amendments to enable simultaneous elections.

• As per the Bills, in case the Lok Sabha or any state or UT Assembly is dissolved before the end of the full term, mid-term elections for that legislature alone would be held for the remainder of the five-year term.

Do You Know:

• Simultaneous elections means holding elections to Lok Sabha, all state Legislative Assemblies, and urban and rural local bodies (municipalities and panchayats) at the same time.  Currently, all these elections are held independently of one another, following timelines dictated by the terms of every individual elected body.

• The concept of “Simultaneous Election” is not alien to India. India has a history of holding simultaneous elections. Our democratic journey began with the first general election, where both the Lok Sabha and state assembly elections were conducted at the same time. 

Other Important Articles Covering the same topic:

📍UPSC Issue at a Glance | What has reignited the “One Nation, One Election” debate?

📍Simultaneous polls Bill: Amendments in effect from date to be notified by President

Previous year UPSC Prelims Question Covering similar theme:

(3) Consider the following statements: (UPSC CSE 2021)

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.

2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.

3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her winning in all the constituencies.

Which of the statements given above is/are correct? 

(a) 1 only  

(b) 2 only

(c) 1 and 3 only

(d) 2 and 3 only

Previous year UPSC Mains Question Covering similar theme:

‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2017)

 

ECONOMY 

Top 100 defaulters accounted for 43% of total NPAs, over Rs 4 lakh crore in total

Syllabus:

Preliminary Examination: Current events of national importance and economic development

Mains Examination: General Studies-III: Indian Economy and issues relating to planning, mobilisation, of resources, growth, development

What’s the ongoing story: Over 43 per cent of the total non-performing assets (NPA) till March 2019 — Rs 4.02 lakh crore — was accounted for by just 100 companies and 30 of these borrowers accounted for over 30 per cent of the gross NPAs — Rs 2.86 lakh crore, an investigation by The Indian Express has revealed.

Key Points to Ponder:

• What is a Non-Performing Asset (NPA)?

• How is NPA classified in the Indian banking sector?

• What is meant by the evergreening of loans?

• What is twin balance sheet crisis in India?

• What are the causes of the rising NPAs in India?

• How do rising NPAs impact the economy?

• What steps have been taken by the RBI and the Government of India to address the NPA crisis?

• How does the NPA issue affect financial inclusion and the performance of Public Sector Banks (PSBs)?

• What is the Insolvency and Bankruptcy Code (IBC)?

• What role does the IBC play in resolving NPAs?

Key Takeaways:

• India’s scheduled commercial banks (SCBs) had gross NPAs worth Rs 9.33 lakh crore as of March 31, 2019, the second-highest-ever bad loan amount recorded after 2018 in the history of India’s banking system.

• The investigation further shows that the top 100 bank defaulters, which includes some of the country’s biggest companies from across sectors run by prominent industrialists, had a total debt of Rs 8.44 lakh crore till March 31, 2019 and out of this nearly half was declared as bad loans, or NPA.

• A closer look at the list of the top defaulters also shows just 15 companies of three sectors — manufacturing, energy and construction — accounted for over 50 per cent (Rs 4.58 lakh crore) of the total debt on these 100 companies.

• The country’s top business giants from across the sectors — manufacturing, energy, construction, real estate, telecom, banking or financial intermediation — constitute the top 100 list of NPAs or banks defaulters.

Do You Know:

• All advances given by banks are termed “assets”, as they generate income for the bank by way of interest or instalments. However, a loan turns bad if the interest or instalment remains unpaid even after the due date — and turns into a nonperforming asset, or NPA, if it remains unpaid for a period of more than 90 days.

• The process of evergreening of loans is typically a temporary fix for a bank. If an account turns NPA, banks are required to make higher provisions which will impact their profitability. To avoid classifying a loan as non-performing asset (NPAs), banks adopt evergreening. 

Other Important Articles Covering the same topic:

📍Why NPAs are not just about bank governance

📍Das cautions banks against hiding stress, governance issues

Previous year UPSC Prelims Question Covering similar theme:

(4) Which of the following statements best describes the term ‘Scheme for Sustainable Structuring of Stressed Assets (S4A)’, recently seen in the news? (UPSC CSE 2017)

(a) It is a procedure for considering ecological costs of developmental schemes formulated by the Government.

(b) It is a scheme of RBI for reworking the financial structure of big corporate entities facing genuine difficulties.

(c) It is a disinvestment plan of the Government regarding Central Public Sector Undertakings.

(d) It is an important provision in ‘The Insolvency and Bankruptcy Code’ recently implemented by the Government.

 

THE WORLD

South Korea Parliament impeaches President over martial law fiasco 

Syllabus:

Preliminary Examination: Current events of national and international importance

Mains Examination: General Studies-II: Effect of policies and politics of developed and developing countries on India’s interests

What’s the ongoing story: South Korea’s parliament Saturday voted to impeach President Yoon Suk Yeol over his short-lived martial law declaration earlier this month, news agency AP reported. 

Key Points to Ponder:

• What is the current status of India-South Korea relations? 

• What are the key areas of cooperation between India and South Korea?

• Read about the Korean War. 

• What is martial law?

• What is the process of impeachment of the President in South Korea, and how does it compare to India’s impeachment process for the President?

• What immunities are granted to the President of India? 

• Map work: Locate South Korea.

Key Takeaways:

• The motion was passed in the National Assembly in a 204-85 vote. Yoon’s presidential powers and duties will be suspended after the copies of a document on the impeachment are delivered to him and to the Constitutional Court, AP report stated.

• The court now has up to 180 days to determine whether to dismiss Yoon as the president or restore his powers, according to AP. If he’s thrown out of office, a national election to choose his successor must be held within 60 days.

• Yoon, according to the news agency, was banned from leaving the country, as law enforcement authorities investigated whether he and others involved in the martial law declaration committed rebellion and abuse of power, among other crimes. If convicted, the leader could face death penalty or life imprisonment.

• Yoon earlier exercised the presidential privilege of immunity from criminal prosecution, however, that does not extend to allegations of rebellion or treason. Subsequently, Yoon could be investigated, detained, arrested or indicted over his martial law decree, as per the report.

Do You Know:

• President Yoon, while declaring the emergency martial law said it was “aimed at eradicating pro-North Korean forces and to protect the constitutional order of freedom”.

• The declaration of martial law, the first since 1979, meant the replacement of civilian government by military rule. According to South Korea’s Constitution, the President can declare martial law in times of war or conflict and if the public order requires it.

• The martial law lasted six hours, which saw military helicopters circling the National Assembly and troops rushing towards the building. Members of the public warded off the military as lawmakers fought to rush inside the building to vote against the martial law. All of the 190 lawmakers who made it in voted to repeal the martial law. Following this, the motion for the martial law was declared void.

Other Important Articles Covering the same topic:

📍Martial law lifted in South Korea: What happens next?

US Officials in direct contact with Syrian rebels: Blinken

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests

What’s the ongoing story: US Secretary of State Antony Blinken said on Saturday that the United States has had direct contact with the rebel faction Hayat Tahrir al-Sham (HTS), which led the overthrow of President Bashar al-Assad’s government.

Key Points to Ponder:

• Read about the history of the Syrian civil war. 

• What was the “Arab Spring”?

• What is ‘Hayat Tahrir al-Sham’?

• What is the role of international actors such as Russia and Iran in the Syrian Civil War?

• What can be the geopolitical implications of the Syrian Civil War for the Middle East and the world?

• What is the status of India-Syria relations?

• Map Work: Aleppo, Damascus, Homs, and other places in news related to the Syrian Civil War.

Key Takeaways:

• Speaking after meeting with the foreign ministers of the Arab nations and Turkey in Jordan, Blinken stated that a joint communique had been agreed upon, outlining the principles that other nations wish to see followed in Syria’s political transition, including inclusivity and respect for minorities.

• Meanwhile, amid its role in the Syrian conflict, HTS is designated a foreign terrorist organisation by the United States and other countries.

• Five decades of rule by Assad’s family ended on Sunday when he fled to Moscow, where the government granted him asylum. Iran had backed Assad in Syria’s long civil war and his overthrow was widely seen as a major blow to the Iran-led “Axis of Resistance”, a political and military alliance that opposes Israeli and US influence in the Middle East.

From “Russian cargo plane departs Syrian base for Libya, more expected: Official”

• Russia is pulling back its military from the front lines in northern Syria and from posts in the Alawite Mountains but is not leaving its two main bases in the country after the fall of President Bashar al-Assad, four Syrian officials told Reuters.

• The ousting of Assad, who along with his late father, former President Hafez al-Assad, had forged a close alliance with Moscow, has thrown the future of Russia’s bases – the Hmeimim airbase in Latakia and the Tartous naval facility – into question.

• Moscow has backed Syria since early in the Cold War, and had recognised its independence in 1944 as Damascus sought to throw off French colonial rule. The West long regarded Syria as a Soviet satellite.

• The bases in Syria are an integral part of Russia’s global military presence: the Tartous naval base is Russia’s only Mediterranean repair and resupply hub, with Hmeimim a major staging post for military and mercenary activity in Africa.

• The Tartous facility dates from 1971, and after Russia intervened in the civil war to help Assad, Moscow was in 2017 granted a free of charge 49-year lease.

Do You Know:

• The Syrian civil war began around the “Arab Spring” of 2010, dubbed so as many countries in the Middle East and North Africa saw uprisings against authoritarian governments that had been in power for decades. In some nations, such as Tunisia and Egypt, ruling governments were forced out. In most others, governments and militaries crushed the movements.

• The Hayat Tahrir al-Sham (HTS) was founded in 2011 as Jabhat al-Nusra, the al-Qaeda’s branch in Syria. In 2016, it broke away to form the Jabhat Fateh al-Shaam (JFS), standing for the liberation of Shaam or the Levant (the sub-region of the Middle East lying near the Mediterranean Sea, including Jordan, Syria, Lebanon, Israel and Palestine).

Other Important Articles Covering the same topic:

📍Knowledge nugget of the day: Hayat Tahrir al-Sham

Previous year UPSC Prelims Question Covering similar theme:

(5) Consider the following pairs: (UPSC CSE 2018)

Towns sometimes mentioned in news Country
1. Aleppo Syria
2. Kirkuk Yemen
3. Mosul Palestine
4. Mazar-i-sharif Afghanistan

Which of the pairs given above are correctly matched?

(a) 1 and 2 only
(b) 1 and 4 only
(c) 2 and 3 only
(d) 3 and 4 only

 

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