What is Governor’s immunity under Article 361, set to be reviewed by Supreme Court?

 Supreme Court to Review Governor’s Immunity

1. Supreme Court Agrees to Hear Plea
   • A plea seeks to redefine the constitutional immunity of state Governors.
2. Article 361 of the Constitution
   • Shields the President and Governors from criminal prosecution and judicial scrutiny.
   • The court will interpret if immunity includes FIR registration, preliminary inquiries, or magistrate cognisance.
3. Origins of Governor’s Immunity
   • Based on the Latin maxim “rex non potest peccare” (the king can do no wrong) from English legal traditions.
   • Debated in the Constituent Assembly in 1949 by H. V. Kamath regarding the scope of immunity.
4. Immunities under Article 361
   • Article 361(1): President or Governor not answerable to any court for their duties.
   • Article 361(2): No criminal proceedings during their term.
   • Article 361(3): No arrest or imprisonment while in office.
   • Article 361(4): Civil lawsuits for personal acts can only proceed two months post-term with notice.
5. Judicial Interpretations of Article 361
   • Dr SC Barat vs. Hari Vinayak Pataskar (1961): Official actions have complete immunity; civil proceedings for personal acts require prior notice.
   • Rameshwar Prasad vs. Union of India (2006): Complete immunity for constitutional actions but judicial review allowed for malicious intent.
   • Vyapam Scam Case (2015): MP High Court ruled Governor Yadav had absolute protection under Article 361(2).
   • State of UP vs. Kalyan Singh (2017): SC upheld Singh’s immunity; proceedings related to Babri Masjid demolition to resume post-term.
   • Telangana High Court Judgment (2024): Stated Article 361 immunity is personal and does not bar judicial review of Governor’s actions.
6. Case for Revisiting Immunity
   • International Context: US Supreme Court ruled Trump has absolute immunity for official acts but not for personal acts.
   • Indian Context: Tensions between Governors and opposition-ruled state governments, with instances of political motives noted by the Supreme Court.

[2018] Consider the following statements:

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

[2019] Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

(a) First Administrative Reforms Commission (1966)

(b) Rajamannar Committee (1969)

(c) Sarkaria Commission (1983)

(d) National Commission to Review the Working of the Constitution (2000)

India’s economy projected to grow at 6.5% to 7% in FY ending March 2025.

India’s Economic Growth and Policy Recommendations

1. Economic Growth Projections
   • Growth Rate: India’s economy is expected to grow at a rate of 6.5% to 7% by March 2025, indicating strong economic resilience and potential for sustained development.
2. Policy Priorities from Economic Survey 2023-24
   • Inequality and Unemployment: Addressing these issues is critical for inclusive growth, ensuring that economic benefits reach all sections of society.
3. Recommendations by Chief Economic Adviser (CEA)
   • Reducing Regulatory Burdens: Simplifying regulations will make it easier for businesses to operate, fostering a more conducive environment for entrepreneurship and investment.
   • Corporate Responsibility: Corporates are encouraged to create more jobs, which is essential for reducing unemployment and driving economic growth.
4. Challenges Discussed
   • IT Sector:
     • Hiring Slowdown: The IT sector has seen a decline in hiring over the last two years, which could impact the sector’s growth and innovation.
     • AI and Labor: AI should be used to enhance the productivity of workers rather than replacing them, ensuring that technological advancements benefit the workforce.
   • Skilling Initiatives:
     • Addressing Inequality: Measures to tackle inequality include improving health services and bridging the gap between education and employment.
     • Skilling Reboot: Updating skilling programs to meet industry needs will help produce a workforce with relevant skills and positive attitudes.
   • Corporate Sector and Economic Growth:
     • Demand and Employment: Increased employment and income lead to higher demand for goods and services, benefiting corporates.
     • Warning against Short-Termism: Short-term strategies can undermine long-term economic stability and growth.
   • State Capacity and Consensus Building:
     • Enhancing State Capacity: Strengthening state institutions is essential for effective governance and policy implementation.
     • Need for Consensus: Collaboration between governments, businesses, and social sectors is necessary for holistic and effective transformation.
   • Land Acquisition and Investment Concerns:
     • Land Use Norms: Deregulating land use norms and consolidating farmland can boost agricultural productivity and investment.
     • Investment Cautions: Private investment is wary due to competition from cheaper imports, particularly from China.
   • Foreign Direct Investment (FDI) Challenges:
     • Attracting FDI: High interest rates and domestic investment incentives in developed countries pose challenges for attracting FDI.
     • Addressing Uncertainties: Clarifying issues related to transfer pricing, taxes, and import duties will make India a more attractive destination for FDI.
5. Structural Reforms
   • Existing Reforms: Reforms like GST and the Insolvency and Bankruptcy Code have shown positive results in improving the economic framework.
   • Next-Gen Reforms: Future reforms should be grassroots-driven to ensure they address the needs of all stakeholders and promote sustainable growth.
6. Strategic Directions for Growth
   • Six-Pronged Strategy: Focuses on increasing private sector investments and ensuring workers receive a fair share of income, which is vital for balanced economic development.
   • Focus Areas: Priorities include financing the green transition, supporting MSMEs, and implementing policies that benefit farmers.
7. Conclusion
   • Sustained Growth Potential: With ongoing and future reforms, India has the potential to achieve over 7% growth on a sustained basis.
   • Tripartite Compact: Collaboration between the Centre, States, and the private sector is crucial for realizing this growth potential and ensuring comprehensive economic development.

HARAPPAN CIVILISATION AND SARASVATI RIVER

New Elements in NCERT Class 6 Social Science Textbook

1. Terminology Changes
   • Harappan Civilisation: Now referred to as the ‘Sindhu-Sarasvati’ and ‘Indus-Sarasvati’ civilisation, reflecting a broader geographical context.
2. Mentions of Sarasvati River
   • Sarasvati River: Multiple references to the river, emphasizing its historical significance.
   • Desiccation of Sarasvati: Highlighted as a contributing factor to the decline of Harappan society, providing an explanation for the civilisation’s downfall.

Background

• Harappan Civilisation: Traditionally known for its advanced urban planning, architecture, and social organization in the Indus Valley region.
• Sarasvati River: Believed to have played a crucial role in sustaining the Harappan society; its drying up may have led to a decline in agricultural productivity and habitation.

Focus on Sarasvati River in New NCERT Class 6 Social Science Textbook

1. Prominent Role in Early Indian Civilisation
   • The new textbook highlights the importance of the Sarasvati river in the beginnings of Indian civilisation.
   • Harappan civilisation is now referred to as the ‘Indus-Sarasvati’ or ‘Sindhu-Sarasvati’ civilisation, emphasizing the river’s significance.
2. Geographical Importance
   • Major Cities: The Sarasvati basin included key Harappan cities like Rakhigarhi and Ganweriwala, along with smaller towns.
   • Modern Names: Today, the river is known as ‘Ghaggar’ in India and ‘Hakra’ in Pakistan, collectively called the ‘Ghaggar-Hakra River’ and is seasonal.
3. Role in Harappan Decline
   • The textbook cites climate change and the drying up of the Sarasvati river as agreed-upon reasons for the decline of the Harappan civilisation.
   • Cities like Kalibangan and Banawali were abandoned due to the river drying up in its central basin.

Comparison with Old Textbook

1. Mentions in the Old Textbook
   • The old textbook, ‘Our Past I’, mentioned the Sarasvati river only once, in the context of the Rig Veda.
   • The river was included among those named in the Vedic hymns.
2. Reasons for Harappan Decline
   • The old textbook did not emphasize the drying up of the Sarasvati river as a key reason for the decline.
   • It suggested multiple reasons, including river desiccation, deforestation, and floods, but concluded that none could explain the end of all cities.
   • The old textbook posited that the collapse might have been due to the rulers losing control rather than environmental factors alone.

URANIUM CONTAMINATION

Study on Uranium Concentration in Drinking Water

1. Study Findings
   • BARC Study Conclusion: Uranium concentrations up to 60 µg/l in drinking water are deemed entirely safe. The new national standard of 30 µg/l might be excessive and counterproductive.
2. Background
   • Previous Standard: The acceptable level of uranium in drinking water was previously set at 60 µg/l.
   • New Standard: In 2021, the Bureau of Indian Standards (BIS) revised the limit to 30 µg/l based on WHO recommendations.
3. About Uranium
   • Element Information: Uranium (symbol U, atomic number 92) is a silvery-white metallic element with the highest atomic weight of naturally occurring elements.
   • Occurrence and Extraction: Found in low concentrations in soil, rock, and water. Mined through open pits, underground excavations, or in-situ leaching, and processed into uranium oxide concentrate (U3O8).
   • Historical Context: Discovered by Martin Klaproth in 1789, initially used as a colorant. Its radioactive properties and energy potential were recognized later.
4. New Standards and International Comparison
   • BARC’s Argument: BARC cites medical research indicating that low uranium levels are not harmful. WHO’s guideline of 30 µg/l is not a safety limit but a recommendation.
   • Global Standards:
     • Finland & Slovakia: Safety limits are 100 and 350 µg/l, respectively.
     • South Africa: 70 µg/l.
     • Canada & Australia: 20 and 15 µg/l, respectively.
     • Germany: Has the lowest limits, despite not having uranium deposits.
5. Considerations for National Standards
   • BARC’s View: National standards should consider geological, socio-economic conditions, and population dynamics, alongside health impacts.
   • Implication: Reevaluating stringent standards based on localized needs and evidence of health impacts.

THE INTERNATIONAL CENTRE FOR AUDIT OF LOCAL GOVERNANCE (iCAL)

International Centre for Audit of Local Governance (iCAL)

1. Inauguration
   • Date & Location: iCAL was inaugurated on 18th July 2024 in Rajkot, Gujarat.
   • Inaugurator: The event was officiated by the Comptroller and Auditor General (CAG) of India, underscoring the significance of this initiative in enhancing local governance.
2. Objectives of iCAL
   • Enhance Auditing Standards: iCAL aims to develop and improve auditing standards for local governments, ensuring more rigorous and transparent financial oversight.
   • Data Collection & Reporting: The center will focus on advancing techniques for accurate data collection and comprehensive reporting, which are crucial for effective auditing.
   • Training & Development: iCAL plans to offer extensive training programs and leadership development initiatives for auditors, executives, and elected representatives to build their expertise and skills.
   • Technical Guidance: The center will provide technical support to local government auditors to enhance the assessment of financial performance and service delivery efficiency.
3. Focus Areas
   • Sustainable Development Goals (SDGs): iCAL will support local governments in working towards SDGs, integrating global standards into local governance practices.
   • Community Engagement: The center aims to enhance community involvement in governance and address global issues such as climate change and the blue economy, highlighting the importance of local governance in these areas.
4. Need for iCAL
   • Increased Funding: With more funds being allocated to local bodies, it is crucial to ensure that these funds are used efficiently and effectively, necessitating robust auditing practices.
   • Global Practices: The CAG emphasized the need to align with global best practices in auditing, as many countries with supreme audit institutions (SAIs) have established effective frameworks for local governance audits.
   • Capacity Building: Strengthening the skills and capabilities of auditors and local government employees is essential for improving financial management and implementing better internal controls.