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Daily Current Affairs 10 February 2024 – IAS Current Affairs

Current Affairs 10 February 2024 focuses on the Prelims-Mains perspective. Major events are:


Statehood Demand of Ladakh

Source: The Hindu
GS II:  Functions and responsibilities of the Union and the States, issues and challenges about the federal structure, devolution of powers and finances up to local levels and challenges therein


OverviewStatehood Demand of Ladakh

  1. News in Brief
  2. Detailed Overview of Demand

Why in the News?

A day before Ladakh shuts down to demand constitutional safeguards and Statehood for the Union Territory, the Union Home Ministry invited civil society leaders from the region for the second round of high-powered committee dialogue.

News in Brief

  • Apex Body Leh (ABL) and Kargil Democratic Alliance (KDA), the two socio-political organisations spearheading the movement, are pursuing demands.
  • Leh and Kargil divisions of Ladakh will observe a shutdown to reiterate four demands
    • Statehood for Ladakh
    • The inclusion of Ladakh in the sixth schedule of the Constitution gives it a tribal status
    • Job reservation for locals
    • Parliamentary seats each for Leh and Kargil.
Detailed Overview of Demand

Demand for Sixth Schedule in Ladakh
  • The local tribal communities in Ladakh have been demanding the extension of the provisions of the Sixth Schedule to the region.
  • The main driving force behind this demand is the concern over the preservation of tribal rights and the unique cultural identity of the local communities.
  • Over 97 per cent of the population of Ladakh is tribal.
Sixth Schedule
  • The Sixth Schedule of the Indian Constitution provides special provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
  • It aims to protect the interests of tribal communities and promote their self-governance within these regions.
Key features of the Sixth Schedule include:
  1. Autonomous District Councils (ADCs)
    • The Sixth Schedule establishes autonomous district councils within tribal areas.
    • These councils have legislative, executive, and financial powers to govern these areas, including the power to make laws on specified subjects such as land, forests, and local government.
  2. Tribal Advisory Council (TAC)
    • Each autonomous district council has a Tribal Advisory Council, which advises the governor of the state on matters relating to the welfare and advancement of tribal people.
  3. Governor’s Powers
    • The governor of the state has special powers regarding the administration of tribal areas, including the power to direct that any particular act of Parliament or the state legislature shall not apply to an autonomous district or apply with specified modifications and exceptions.
  4. Protection of Tribal Rights
    • The Sixth Schedule provides for the protection of tribal land, customs, and traditional practices within the autonomous districts.
  5. Constitutional Safeguards
    • It ensures that laws made by the ADCs do not contravene the provisions of the Constitution, and the governor may take action if such contravention occurs.
Statehood for Ladakh
  • Ladakh was separated from J&K and downgraded into a Union Territory without a legislature in 2019.
  • Ladakh has since been without an elected legislature.
  • Sparking concerns of political and economic disempowerment in the arid desert region bordering China and Pakistan.
  • People are growingly conscious about protecting their unique identity, and heritage and leads to securing the elevation of Ladakh as a full-fledged State.
  • Ladakh Autonomous Hill Development Council election of 2019, which the BJP won in majority, the party had promised to restore the statehood.
Parliamentary seats each for Leh and Kargil
  • Ladakh is the only Lok Sabha (parliamentary) constituency of the union territory of Ladakh, India.
  • Now that people are protesting for separate seats for Leh and Kargil. 

About Ladakh

  • Ladakh, often referred to as “The Land of High Passes,” is a region located in the northernmost part of India, in the state of Jammu and Kashmir.
  • It is known for its stunning landscapes, including rugged mountains, high-altitude desert, and pristine lakes.
  • Ladakh is culturally rich, with a unique blend of Tibetan, Indian, and Central Asian influences.
  • The region is home to various ethnic groups, including Ladakhi people, Tibetans, and Muslims.
  • The predominant religion is Tibetan Buddhism, and Ladakh is dotted with numerous monasteries, stupas, and gompas, which serve as important cultural and religious centres.
  • Leh is the largest town and the administrative capital of Ladakh.
  • The region has historically been strategically significant, serving as a crucial trade route between Central Asia, Tibet, and India.
  • Tourism is a significant industry in Ladakh, with visitors drawn to its breathtaking scenery, adventurous trekking routes, and vibrant cultural festivals.
  • However, the harsh terrain and extreme weather conditions make life challenging for the local population, who rely primarily on agriculture and livestock rearing for their livelihoods.
  • In recent years, Ladakh has seen significant geopolitical changes, particularly with the abrogation of Article 370 in August 2019, which led to its reorganization into a separate Union Territory, distinct from Jammu and Kashmir.
  • This move has sparked discussions and debates regarding the region’s political future, including demands for greater autonomy or statehood.

Parliamentary Standing Committee on Housing and Urban Affairs

Source: The Hindu
GS II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation


Overview

Parliamentary Standing Committee on Housing and Urban Affairs
Photo by Hugh Han on Unsplash
  1. News in Brief
  2. About Smart Cities Mission

Why in the News?

The Parliamentary Committee on Housing and Urban Affairs emphasizes the need to launch the second phase of Smart Cities Mission for tier-2 cities

News in Brief

  • A parliamentary committee has emphasised the need to launch the next phase of the Centre’s flagship Smart Cities Mission with a thrust on tier-2 cities located within 100 km of State capitals.
  • The Standing Committee on Housing and Urban Affairs also cautioned that digital infrastructure created under the Smart Cities Mission (SCM) could be misused.
  • Hence there was a need to ensure right to privacy and the securing of digital platforms from cyber attacks.
About Smart Cities Mission

The Smart Cities Mission is a flagship initiative by the Government of India aimed at transforming urban centres into technologically advanced, sustainable, and citizen-friendly spaces. Launched in June 2015 by Prime Minister Narendra Modi, this ambitious program seeks to tackle the challenges posed by rapid urbanization while leveraging digital technologies to enhance the quality of life for residents.

Facts on Smart Cities Mission
  • Scope: The mission initially aimed to develop 100 smart cities across the country. Each selected city undergoes a comprehensive planning process to identify key areas for improvement and implement smart solutions.
  • Budget: The Government allocated Rs 48,000 crores ($6.8 billion approximately) for the Smart Cities Mission, demonstrating its commitment to urban development and innovation.
  • Components: The mission focuses on several key areas, including smart governance, urban mobility, sustainable environment, affordable housing, robust infrastructure, and high-quality public services.
  • Selection Process: Cities were chosen through a competitive process based on their proposals, which outlined their vision, potential, and strategies for becoming smart cities. The selection criteria emphasized citizen participation, feasibility, and innovation.
  • Implementation: Projects under the Smart Cities Mission are executed through Special Purpose Vehicles (SPVs), which are autonomous entities responsible for planning, financing, and executing initiatives in their respective cities.
Examples
  • Indore: One of the early success stories of the Smart Cities Mission, Indore in Madhya Pradesh, has implemented various smart solutions such as intelligent traffic management systems, public Wi-Fi hotspots, and waste management initiatives, leading to improved cleanliness and efficiency.
  • Bhubaneswar: The capital city of Odisha has leveraged technology to enhance urban mobility through initiatives like smart bus stops, bike-sharing systems, and pedestrian-friendly infrastructure. These efforts have resulted in improved transportation access and reduced congestion.
  • Pune: Known for its vibrant IT industry, Pune has embraced the Smart Cities Mission by focusing on sustainable development and innovation hubs. The city has implemented projects such as smart street lighting, e-governance platforms, and integrated public transportation systems.
Way Forward

  • The Smart Cities Mission represents a significant step towards modernizing India’s urban landscape and addressing the complex challenges of urbanization.
  • By harnessing the power of technology, innovation, and citizen engagement, the initiative aims to create cities that are more livable, inclusive, and resilient.
  • To ensure the long-term success of the Smart Cities Mission, continuous monitoring, evaluation, and adaptation of strategies are essential.
  • Additionally, fostering partnerships with the private sector, academia, and international organizations can bring in expertise, resources, and best practices to further accelerate urban development and innovation.
  • Ultimately, a people-centric approach that prioritizes the needs and aspirations of citizens will be critical in shaping the smart cities of tomorrow.

Climate and Catastrophe Insight Report 2024

Source: Aon
GS III:  Disaster and disaster management


Overview

  1. News in Brief
  2. Climate and Catastrophe Insight Report 2024

Why in the News?

Climate and Catastrophe Insight 2024 released.

News in Brief

  • Damage from global natural disasters in 2023 totalled $380 billion in economic losses, driven by significant earthquakes and severe convective storm (SCS) activity in the United States and Europe.
  • The year marked the hottest on record.
  • These events highlight the need for better disaster preparedness and planning to reduce risk, protect lives and increase resilience.
Climate and Catastrophe Insight Report 2024

  • Climate risk is a certainty, not a probability.
  • Throughout 2023, wildfires across Europe and North America, flooding in Asia and record-breaking heatwaves in the U.S. and Latin America.
  • This demonstrated that severe weather and climate-related risks now pose an existential threat to the way we live and work.

Climate and Catastrophe Insight Report 2024

What is the impact of Global natural disasters?
  • Economic losses
    • Global natural disasters in 2023 resulted in above-average economic losses totalling $380 billion.
    • It was driven by significant earthquakes and relentless severe convective storm activity in the United States and Europe.
    • The single most catastrophic event was the earthquake sequence that hit Turkey and Syria in February.
  • The most damaging peril for insurers
    • Insurers across the world covered $118 billion, which was above the 21st-century average ($90 billion), as well as the decadal mean ($110 billion).
    • U.S. drought and the earthquake sequence in Turkey and Syria ere the costliest events for insurance, considering both public and private entities.
    • New Zealand, Italy, Greece, Slovenia and Croatia all recorded their costliest weather-related insurance events on record.
  • Human toll
    • The year 2023 was the deadliest since 2010, which was driven by more than 64,000 fatalities from earthquakes.
    • Multiple significant heatwaves around the globe resulted in at least 16,500 heat-related deaths.
  • Hottest year on record
    • Extremely high-temperature anomalies recorded in many parts of the globe resulted in 2023 being reported as the warmest year on record.
    • The behaviour of many natural perils continued to be affected not only by the warming trend but also by the El Niño conditions during the year.
Regional Catastrophe Review
  • In the United States, economic losses from natural disasters in 2023 were estimated at $114 billion, slightly above the long-term mean ($105 billion) and notably above the median since 2000 ($84 billion).
  • Total economic losses from natural disasters in the Americas (non-U.S.) were roughly $45 billion, of which public and private insurance entities covered $6 billion. 
  • Chile experienced two significant flooding episodes in June and August, with nearly $2 billion in total estimated economic losses
    and notable insurance payouts.
  • Diameter of the largest hailstone ever recorded in Europe (found in Italy on July 24).
  • Greece was hit by an exceptionally long heatwave with temperatures exceeding 45 °C (113 °F) between July 22 and August 8.
  • Total economic losses in the APAC (Asia and Pacific) region in 2023 reached $65 billion with a substantial protection gap of 91 per cent.
  • The South Asia floods (Pakistan and India) left nearly 2,900 fatalities.
How to Address Climate Risk
  • Predictive analytics unlock the capability to price future risk
    • There is a need to use climate analytics as catalysts that can provide forward-looking diagnostics for a range of extreme events.
    • For example, hazard data can be applied to specific locations where a company has assets, giving them a better understanding of their current and future risks.
    • As well as helping to address the physical risks of climate, advanced analytics can also provide more clarity for the voluntary carbon market and help finance the energy transition through innovation.
  • Collaboration is essential to developing effective solutions
    • No single industry or discipline can solve it alone.
    • Businesses, governments and the scientific community are realizing that they need to bring all of their capabilities together to address climate risk.
  • Innovation is key to accelerating the path to net zero
    • world more sustainable by pledging to achieve net-zero greenhouse gas emissions by
      2030, for example.
    • To tackle climate risk and bring about a true net-zero economy, an estimated $150
      trillion in capital will need to be deployed over the next 30 years.

Legal Services Authorities Act 1987

Source: Live Law
GS II:  Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these


Overview

Legal Services Authorities Act 1987
Photo by Jon Tyson on Unsplash
  1. News in Brief
  2. What are pro bono cases?
  3. Legal Services Authorities Act of 1987
  4. Bar Council of India

Why in the News?

The Bar Council of India (BCI) should make it mandatory for every lawyer to appear at least in one pro bono work in a year to enable him to secure any relief fund from All India/State Bar Council, a Parliamentary Committee.

News in Brief

  • Tabling its 143rd report Review of the working of Legal Aid under the Legal Services Authorities Act, 1987” to both the Houses of Parliament, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.
  • In the report, it said that in each district court, high court and in Supreme Court, the advocates or bar association can involve advocates in pro bono works by rotation and the association can monitor the same.
  • The Committee is also of the view that designated senior advocates in all High Courts/Supreme Court may come together to form a panel for doing pro bono works and undertake such works.
What are pro bono cases?

  • Pro bono cases refer to legal cases where lawyers provide their services voluntarily and without charge to clients who cannot afford legal representation.
  • Pro bono is a Latin term meaning for the public good.
  • These cases typically involve individuals or organizations with limited financial means who require legal assistance but are unable to pay for it.
  • Pro bono cases cover a wide range of legal issues, including civil rights, family law, housing disputes, immigration matters, criminal defence, and more.
  • Many bar associations and legal organizations encourage or require their members to dedicate a certain number of hours to pro bono work each year as part of their professional responsibility.
  • Overall, pro bono cases serve as an essential mechanism for advancing equal access to justice and upholding the principles of fairness and equity in the legal system.
Legal Services Authorities Act of 1987

The Legal Services Authorities Act of 1987 is a landmark legislation in India aimed at providing free legal aid to the weaker sections of society and ensuring justice for all.

Definition: An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

Salient features
  • Establishment of National Legal Services Authorities
    • The Act mandates the establishment of legal services authorities at the national, state, and district levels to provide free legal services to eligible persons.
  • Composition of Authorities
    • These authorities are comprised of members appointed by the government, including a chairperson who is either a serving or retired judge of the High Court, and other members who are legal professionals or social workers.
  • The objective of Providing Legal Aid
    • The primary objective of the Act is to ensure that justice is not denied to any citizen because of economic or other disabilities.
    • It aims to provide equal access to justice for all, especially the marginalized and underprivileged sections of society.
  • Scope of Legal Services
    • Legal aid under this Act includes representation by an advocate in legal proceedings, providing assistance in drafting legal documents, conducting cases in courts, providing legal advice, and facilitating settlement of disputes through Lok Adalats (people’s courts).
  • Eligibility Criteria
    • The Act specifies criteria for determining who is eligible to receive legal aid.
    • It generally includes marginalized groups such as women, children, Scheduled Castes, Scheduled Tribes, victims of trafficking, persons with disabilities, and those unable to afford the services of a lawyer.
  • Role of Legal Services Authorities
    • These authorities are responsible for implementing various legal aid programs, organizing Lok Adalats, promoting legal awareness among the public, and monitoring the effective functioning of legal aid mechanisms.
  • Funding and Resources
    • The Act provides for the allocation of funds by the government for the functioning of legal services authorities and the provision of legal aid.
    • It also allows for the acceptance of donations and grants from individuals, organizations, or institutions for furthering the objectives of legal aid.
  • Emphasis on Alternative Dispute Resolution
    • The Act promotes alternative dispute resolution mechanisms like Lok Adalats for the speedy and amicable settlement of disputes, reducing the burden on the formal court system.
Bar Council of India (BCI)
  • The Bar Council of India was established by Parliament as a statutory body.
  • Bar Council of India was established by the Parliament under the Advocates Act, of 1961.
  • It is responsible for overseeing and advocating for the Indian legal profession.
  • Statutory functions under Section 7 cover the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India
  • BCI duties include setting guidelines for professional behaviour and conduct, enforcing disciplinary measures within the legal community, and establishing criteria for legal education.
  • Additionally, the BCI assessment endorses universities whose law degrees fulfil the requirements for individuals seeking to practice law as advocates.

White Paper On The Indian Economy 2024

Source: Department of Economic Affairs
GS II: Important International institutions, agencies and fora- their structure, mandate


Overview

  1. News in Brief
  2. About White Paper On The Indian Economy 2024

Why in the News?

Union government under the leadership of Narendra Modi, today tabled the White Paper on Indian Economy to compare the economic situation in the country in UPA ear and NDA.

News in Brief

  • According to the White Paper on the Economy released said it effectively tackled the challenges left by the policy paralysis of the UPA administration over the past decade, implementing “tough decisions” to steer India towards sustainable high growth.
  • The 59-page document, titled White Paper on the Indian Economy highlighted the fragile state of the economy upon the Modi government’s assumption of office in 2014.
  • It also criticized the UPA government for impeding economic activities and leaving behind a severely damaged economy in 2014.
  • It pointed to issues such as poor public finances, economic mismanagement, financial indiscipline, and widespread corruption during the Congress-led UPA government.
  • The paper underscored the magnitude of the responsibility faced by the government in rectifying the economy and reforming governance systems.
What is a White Paper?

  • A white paper issued by a government is an authoritative report or guide that informs readers about complex issues, policies, or proposals.
  • It typically presents an analysis of a particular problem and outlines the government’s position, strategy, or proposed course of action in response to that problem.
  • White papers are often used to explain government policies, initiatives, or legislation to the public, stakeholders, or other branches of government.
  • They are expected to provide comprehensive information, evidence-based arguments, and recommendations to support the government’s stance or proposed actions on a specific issue.
  • Governments may release white papers on a wide range of topics, including economic policy, healthcare reform, education initiatives, national security strategies, and environmental regulations, among others.
  • These documents serve as important tools for transparency, public engagement, and decision-making within the government and society at large.

White paper originated with the British government and many point to the Churchill White Paper of 1922 as the earliest well-known example under this name.

About White Paper On The Indian Economy 2024

The recently released White Paper On The Indian Economy 2024 focuses on the NDA regime from 2003 to 2014 and the NDA government from 2016 to 2024.

Objectives of White Paper On The Indian Economy 2024
  • It aims to inform the Members of Parliament and the people of India about the governance, economic, and fiscal crises inherited by this government upon taking office in 2014.
  • It tells MPs and the public about the policies, the government implemented to revive the economy and make it strong, meeting the people’s growth goals for both now and in the future.
  • Generate a wider, more informed debate on the paramountcy of national interest and fiscal responsibility in matters of governance over political expediency.
  • Dedicate ourselves to national development with fresh inspiration, awareness, and determination, as the country presents vast possibilities and opportunities.
Detailed Overview of White Paper On The Indian Economy 2024

The white paper is divided into three parts

  1. Part 1: The Economy in 2014 – An Inheritance of Loss which discusses the macroeconomic situation during the 10 years of UPA rule.
  2. Part 2: Pervasive Corruption explains the current status of the various corruption scams of the UPA government.
  3. Part 3: Rescue of the economy from a state of crisis, despair and paralysis that shows how the NDA turned the economy around.
PART 1: The Economy in 2014 – An Inheritance of Loss
  • From FY09 to FY14, six years of high fiscal deficits caused suffering for regular and poorer households.White Paper On The Indian Economy 2024
  • Between FY04 and FY14, average annual inflation in the economy was 8.2 per cent.
  • Bad Debts in the Banking System: In September 2013, this ratio, including restructured loans, had climbed to 12.3 per cent as compared to the end of NDA government in 2004 was 7.8%.
  • Gross advances by public sector banks were only 6.6 lakh crore in March 2004 and in March 2012, it was 39.0 lakh crore.
  • External Commercial Borrowings (ECB): During the UPA government’s tenure, ECB rose at a compounded annual growth rate (CAGR) of 21.1 per cent (FY04 to FY14), whereas in the nine years from FY14 to FY23, they have grown at an annual rate of 4.5 per cent.
  • Under the UPA government, foreign exchange reserves had declined from around USD 294 billion in July 2011 to around USD 256 billion in August 2013.
PART-2: Pervasive Corruption
  • Coal Block Allocation: leading to an estimated loss of `1.86 lakh crore to the exchequer, as estimated by the CAG.
  • Commonwealth Games: Charge-sheets were filed in 8 cases that are under trial in courts of Delhi.
  • 2G Telecom: This involved a loss of about `1.76 lakh crore of potential revenue to the government, as estimated by the CAG (at the rates paid for 3G spectrum).
  • Saradha Chit Fund: This was a ponzi scheme with diversion of funds for personal use, and luring investors with the promise of high returns.
  • INX Media Case: This case involved money laundering and irregularities in foreign investment approval for investment into a media company.
PART-3: Rescue of the economy from a state of crisis, despair and paralysis
  • From being the 10th largest in 2014, India has surpassed many giants to become the fifth largest economy in 2023.
  • Implementation of the Insolvency and Bankruptcy Code (IBC) and measures implemented by the RBI and the government to strengthen the balance sheets.

Preamble of Indian Constitution Amendment

Source: The Hindu
GS II:  Constitution of India and Indian polity


Overview

  1. News in Brief
  2. Preamble of Indian Constitution Amendment
  3. Article 368 Of Indian Constitution

Why in the News?

The Supreme Court asked if the Preamble of the Constitution could have been amended without changing the date of its adoption on November 26, 1949.

News in Brief

  • The Bench was hearing a petition filed by BJP leader Subramanian Swamy to delete the words socialist and secular from the Preamble.
  • The Preamble was amended only once in December 1976 by the Indira Gandhi government to introduce the words socialist and secular.
  • The phrase unity of the nation was replaced with unity and integrity of the nation.
  • The changes were made in the Preamble through the 42nd Constitutional Amendment during the Emergency.
  • The Supreme Court in the Kesavananda Bharati case had held that the Preamble was an integral part of the Constitution and was subject to the amending power of the Parliament, provided the basic structure was not tinkered with.
Preamble of Indian Constitution Amendment

Preamble of Indian Constitution Amendment

The Preamble of the Indian Constitution is a succinct statement that outlines the basic principles and objectives of the Constitution. It begins with the phrase “We, the people of India,” which emphasizes that the Constitution derives its authority from the citizens of India. The components of the Preamble are as follows:

  • Preamble Statement: The Preamble starts with the words “We, the people of India,” affirming that the Constitution is created by and for the people of India.
  • Sovereign: The Preamble declares India to be a sovereign nation, indicating that it is free from external control and interference.
  • Socialist: This term was added by the 42nd Amendment Act of 1976. It reflects the commitment of the Indian state to achieve socialist principles and work towards social and economic equality.
  • Secular: Also added by the 42nd Amendment Act of 1976, this term emphasizes the principle of secularism, ensuring that the state maintains equal distance from all religions and treats all religions impartially.
  • Democratic: The Preamble affirms India as a democratic republic, indicating that the power is vested in the hands of the people, who elect their representatives through free and fair elections.
  • Republic: India is declared a republic, meaning that the head of state is elected and holds a temporary position, as opposed to a hereditary monarchy.
  • Justice (Social, Economic, and Political): The Preamble emphasizes the commitment to securing justice in all its dimensions – social, economic, and political – to ensure equality and fairness for all citizens.
  • Liberty: Liberty refers to the freedom of thought, expression, belief, faith, and worship. It emphasizes individual freedoms and rights.
  • Equality: The Preamble promotes equality of status and opportunity, ensuring that there is no discrimination based on caste, religion, gender, or race.
  • Fraternity: Fraternity signifies a sense of brotherhood and unity among the people of India, transcending barriers of caste, religion, language, and region.
Cases helped to shape the interpretation of the Preamble of the Indian Constitution
  1. Berubari Union Case (1960)
    • This case dealt with whether Parliament had the power to cede Indian territory to Pakistan.
    • The Supreme Court held that the Preamble can be used to interpret ambiguous terms in the Constitution, but it cannot be used to amend it.
  2. State of West Bengal v. Union of India (1963):
    • In this case, the Supreme Court discussed the relationship between the Preamble and the rest of the Constitution.
    • The Court held that the Preamble is an integral part of the Constitution and can be used to interpret its provisions.
  3. Kesavananda Bharati v. State of Kerala (1973)
    • In this landmark case, the Supreme Court held that while Parliament has the power to amend any part of the Constitution, including the Preamble, it cannot alter its basic structure.
    • The Court outlined certain fundamental principles, such as democracy, the rule of law, and judicial review, which it considered to be part of the basic structure.
  4. Indira Nehru Gandhi v. Raj Narain (1975)
    • This case involved a challenge to the validity of the election of then-Prime Minister Indira Gandhi.
    • The Supreme Court held that the Preamble can be used to interpret ambiguous provisions of the Constitution, and it reaffirmed the principle that the Preamble reflects the basic structure of the Constitution.
  5. Minerva Mills Ltd. v. Union of India (1980)
    • In this case, the Supreme Court reiterated the principle that the Preamble is an integral part of the Constitution and can be used to interpret its provisions.
    • The Court also held that any amendment that violates the basic structure of the Constitution is invalid.
  6. S.R. Bommai v. Union of India (1994): While this case primarily dealt with issues related to the imposition of the President’s Rule, the Supreme Court reaffirmed the principles of federalism and secularism enshrined in the Preamble.
Article 368 Of Indian Constitution

  • Article 368 of the Indian Constitution deals with the procedure for amending the Constitution.
  • This article outlines the process by which amendments to the Constitution can be made.
Types of Amendment
  1. Amendment by a simple majority of the Parliament,
  2. Amendment by a special majority of the Parliament, and
  3. Amendment by a special majority of the Parliament, and the ratification of half of the state legislatures.

Simple Majority

  • This refers to the majority of more than 50% of the members present and voting and it is outside the ambit of Article 368. This is also known as the functional majority or working majority.

Special Majority

  • Requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.

Special majority of the Parliament, and the ratification of half of the state legislatures.

  • Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority.
  • Initiation of Amendment
    • An amendment to the Constitution may be initiated only by the introduction of a bill for the purpose in either House of Parliament, i.e., the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
  • Majority
    • The bill must be passed in each House by a particular majority based on the bill purpose.
  • Presidential Assent
    • After being passed by both Houses of Parliament, the bill is presented to the President for his assent.
    • The President must give his assent to the bill.
  • Judicial Review
    • The power of judicial review enables the judiciary to review the constitutional validity of amendments made under Article 368. If the judiciary finds that an amendment violates the basic structure of the Constitution, it can declare the amendment null and void.
Conclusion

  • It’s important to note that while the process outlined above provides a general framework, amending the Preamble is not a simple task.
  • The Indian judiciary has interpreted the basic structure and principles of the Constitution, as reflected in the Preamble, as unamendable.
  • Therefore, any attempt to amend the Preamble that fundamentally alters its core principles may face legal challenges.

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