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Vajiram and Ravi Recitals August 2019

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Vajiram and Ravi Recitals August 2019 INDEX Message From The Desk Of Director 1 1. Feature Article 2-13 a. J&K Loses Special Status Under Article 370 b. Chief Of Defence Staff c. Artificial Intelligence 2. Mains Q&A 14-28 3. Prelims Q&A 29-56 4. Bridging Gaps 57-108 VAJIRAM AND RAVI The Recitals (August 2019) Dear Students The preparation of current affairs magazine is an evolutionary process as its nature and content keeps changing according to the demands of Civil Service Exam. As you are aware about the importance of current affairs for the prelims as well as mains exam, our aim is to follow an integrated approach covering all stages of examination from prelims to interview. Keeping these things in mind, we, at Vajiram and Ravi Institute, are always in the process of evolving our self so as to help aspirants counter the challenges put forward by UPSC. In fulfillment of our objective and commitment towards the students, we have introduced some changes in our current affairs magazine. The CA Magazines, now with the name of “The Recitals”, will have four sections. These are: 1. Feature Article: As you are aware of the fact that civil service mains exam has become quite exhaustive and analytical, especially since 2013 after the change in syllabus, we have decided to focus on 2-3 topics every month that will provide an insight into the issue so as to help students understand the core of the issue. This will help in Essay writing as well as Mains Exam. 2. Mains Q&A: New students quite often struggle to find out that in what way the given topic is useful for them and in what form questions can be framed from the article. To help those students, we at Vajiram and Ravi have designed an innovative way to teach current affairs. Now, we will cover the current issues through questions and answers so as to make it more targeted towards exam. This will not just provide the information and analysis on current issues but will also help in learning the art of answer writing. Further the related information on the topics on which questions have been framed but that is outside the purview of answer will be given in the Box as ‘Extra Mile’. 3. Prelims Q&A: This section will contain prelims based MCQs that will test your diligence while reading the current issues. These MCQs will be of UPSC standard and will contain detailed explanation. Students are advised to attempt these MCQs honestly and read the Explanation carefully. The idea is to also provide students with a question bank of around 600 current affairs MCQs (50 Qs × 12 months = 600 Qs) just before their prelims examination, which will act as revision on issues spanning over the entire year. 4. Bridging Gaps: This section will contain miscellaneous topics which has not been covered through Q&A. That is why it is called Bridging Gaps, meaning the left-over topics. So, the new magazine is a complete overhaul of what we have been doing for so long. We hope that the new beginning will be to the liking of students. Thanks Best Wishes VAJIRAM AND RAVI The Recitals (August 2019) Page 1 J&K LOSES SPECIAL STATUS UNDER ARTICLE 370 “Ek desh mein do Vidhan, do Pradhan aur do Nishan nahi chalenge,” was the slogan with which Shyama Prasad Mookerjee, founder of Bharatiya Jan Sangh (BJS), precursor of the BJP, marched to Jammu & Kashmir where he died in jail in 1953. Why J&K Enjoyed Special Status: Digging Into History • The special status of J&K was the result of the way it was integrated in India. On 26th Jan’ 1947, when J&K was attacked by Azad Kashmir Forces with support of Pakistan, Maharaj Hari Singh of J&K was obliged to seek the help of India after executing an Instrument of Accession, a legal assurance that acquired jurisdiction over the State wrt matters of defence, external affairs, and communication. • However, at the time of accession, India gave an extra-legal assurance that it was the people of state, acting through their Constituent Assembly, will determine- a) Constitution of the State b) Relationship with India (Jurisdiction of India over J&K) • When the original constitution of India was framed in 1949, India kept its both assurances – o Legal assurance, made in Instrument of Accession, by Article 1. o Extra-legal assurance by Article 370 • Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. Some important provisions of Article 370 are - o Article 370 (1b) restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. o Article 370(1)(c) explicitly mentions that Article 1 of Indian Constitution applies to J&K through Article 370. o Under Article 370 (1d), President may by order specify provisions of Indian Constitution that would be applicable to J&K, but only with the concurrence of State Government. Please note that the State Govt in above provisions means the person for the time being recognized by the President as the Maharaja of J&K acting on the advice of Council of Minister for the time being VAJIRAM AND RAVI The Recitals (August 2019) Page 2 in office under Maharaja’s proclamation dated 5th March 1948, under which the Maharaja appointed an interim government in the state, with Sheikh Abdullah as prime minister. o Under Article 370(3), President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify, on the recommendation of the Constituent Assembly of the State. • Thus, the application of other articles (except 1 and 370) was placed on a tentative basis, subject to the eventual approval of the Constituent Assembly of State. Till then, however, President in consultation with State Govt can determine application of other articles. This was the interim arrangement to continue until the Constituent Assembly made its decision. • The Constituent Assembly decided in ots wisdom to retain Article 370 and ratified the accession to India in Feb 1954 and also the decision arrived at Delhi Agreement 1952, which was followed by the promulgation by the President of the Constitution (Application to J&K) Order 1954, placing on final footing the applicability of provisions of the Indian Constitution governing the relationship between Union and this State. The President has amended this order multiple times in 1963, 1964, 1965, 1966, 1972, 1974, and 1986. The President is empowered to decide what provisions of the Constitution of India would be applicable to the State and what are the exceptions, but with the State government’s concurrence (Art 370 (1d)). • Article 35A stems from Article 370, and was introduced through a Presidential Order in 1954. Article 35A empowers the Jammu and Kashmir legislature to define the permanent residents of the state, and their special rights and privileges– such as the bar on outsiders buying property and women marrying non-Kashmiris losing their property rights. Article 35A was not passed as per the amending process given in Article 368, but was inserted on the recommendation of J&K’s Constituent Assembly through a Presidential Order. The Supreme Court is examining whether it is unconstitutional or violates the basic structure of the Constitution. Since Article 35A predates basic structure theory of 1973, as per Waman Rao (1981), it cannot be tested on the touchstone of basic structure. • Now the Constituent Assembly was left with its second task – making of State Constitution. This was drafted and given effect from 26 Jan’ 1957. Thus, was completed both the task assigned to Constituent Assembly in extra-legal assurance. VAJIRAM AND RAVI The Recitals (August 2019) Page 3 How Can Article 370 Be Revoked Article 370 (3) reads as “Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify. Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.” Since such an Assembly was dissolved on January 26, 1957, one view is it cannot be deleted anymore. But the other view is that it can be done, but only with the concurrence of the State Assembly. How The Current Government Changed Kashmir's Special Status Overnight • The Constitution (Application to Jammu and Kashmir) Order, 2019, issued by President Ram Nath Kovind “in exercise of the powers conferred by Clause (1) of Article 370 of the Constitution”, has not abrogated Article 370. While this provision remains in the statute book, it has been used to withdraw the special status of Jammu and Kashmir. So, although Article 370 remains, it is effectively dead. • This clause enables the President to specify the matters which are applicable to Jammu and Kashmir. As it can be issued only with the Jammu and Kashmir government’s concurrence, the notification uses the words “with the concurrence of the Government of the State of Jammu and Kashmir”. This presumably means the Governor, who is now administering the State under President’s Rule, has given his concurrence on behalf of the State government.
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