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12th January, 2017: Editorial Analysis of The Hindu and other Newspapers
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Today's lesson covers the Editorials from The Hindu, Indian Express and Livemint. The topics discussed are- India-China-OBOR, PIL and Fundamental Rights, Referendum and Elections

Deepanshu Singh is teaching live on Unacademy Plus

Deepanshu Singh
Faculty- Indian Polity and Current Affairs| UPSC CSE Reserve list 2015| Consultant-G.O.I. Loves Geography Teaching since 2015

U
Unacademy user
8-6i ka square root kaise nikale
Enemy Property is defined as the “property” of another country (usually enemy) in other country.Article 123 and 213 of Indian Constitution bestow power to promulgate ordinances over President and Governor respectively.However the consequences associated with ordinances of such nature (Enemy Property Bill, promulgated multiple times as oridance) are: 1.India is a “parliamentary” form of democracy.Here the passage of Bills shall be prerogative of Legislature.It strikes as the very “heart” of democracy 2.Honourable Supreme Court and other High Courts have declared repeated promulgation of ordinances as “constitutional fraud” and “void”. 3.This Bill clashes with Article 14 of Indian Constitution.It also limits Judicial Intervention.In such a scenario it must have been debated,discussed and deliberated in Parliament. 4.The Bill has a “vague” criteria of declaring properties as enemy property.Its discussion in both Housese would have brought it under public scrutiny.This practices is “indispensable” and “quintessential” for a thriving democracy. Dr BR Ambekar viewed Article 123 and ordinances as a “necessary evil” something to be used in “extreme” or “emergency” situations.Its something which is a relic of “colonial era”. Respecting Honourable SC Judgements and upholding the “faith” in “ideals” of our Constitution makers these practises shall be minimised if not reduces.
Hardik Siroha
3 years ago
Hey Guys, please review:)
Your answer is very Good Hardik Keep it up :)
Hardik Siroha
3 years ago
Thanks Vignesh :)
Unacademy User
3 years ago
Well written hardik..keep it up. .
Hardik Siroha
3 years ago
Thanks UU :)
Shubham Sagar
3 years ago
Hey Hardik, great answer :)
Rohit Mattu
3 years ago
Hey hardik bro :) always best answers by you keep it up :)
Roobitha Masanam
3 years ago
Great answer hardik.... Keep it up:)
Hardik Siroha
3 years ago
Thanks Rohit :)
Hardik Siroha
3 years ago
Thanks Roobitha :)
Gaurav Sharma
3 years ago
Hi Hardik, very nice answer covering the question very effectively. good one!
Hardik Siroha
3 years ago
Thanks Gaurav
Raunak Sinha
3 years ago
Great answer bhai...
Hardik Siroha
3 years ago
Thanks bro :)
Nitin Vijay
3 years ago
Perfect ans bro:)
Hardik Siroha
3 years ago
Thanks Nitin
The first thing which needs to be understood is that, ordinance is not a parallel power and it is a mere substitute of actual legislation, that too in extreme conditions. But current scenario shows that this power is being misused. Constituent assembly considered Article 123/213 to be in the same coffin as Article 356 but both proved to be out of their coffin frequently which is surely against the spirit of constitution as well as primacy of the legislature/Parliament. Enemy property ordinance has been repromulgated for the 5th time recently, this is indeed agains the SC judgement in Wadhwa case that repromulgation of ordinance is unconstitutional, President also cannot refrain from this as he has to act on the ‘advice' of council of minister, which is binding as well. Ordinance need not be evil all the times: 1) It is an important as well as an extremely useful emergency tool 2) The ordinance promulgation was indirectly done by Council of minister who themselves are representatives of people(Due to double membership of legislature and executive in India). If the enemy Property ordinance for promulgated once or twice it would have been fine but repromulgating it for the 5th time is agains the very spirit of constitution.
Kindly review :)
Rohit Mattu
3 years ago
Introduction is nice .. but you must mentiion more points in body :) and some focus on judicial review :) rest is nice
We cannot afford that much in 200 words I hope. I chose only the points which I thought is having more precision to the question. :)
Rohit Mattu
3 years ago
ok :)
But I do think that something is missing from my answer, I think I did not score much in the "critical analysis" :)
Rohit Mattu
3 years ago
Actually you introduction a bit long .. in critically analyse your introduction must be short to cover all the aspects right?? actually Judial review point like made me feel like this :)
No there is no rule like that and all :) you can start you analysis in the introduction itself. Critical analysis is you have to back your comment with some facts thats all . what about judicial review?
Roobitha Masanam
3 years ago
Nice answer vignesh.. Conclusiion could have been little better:)
Thank you Roobitha :)
Hardik Siroha
3 years ago
Hey Vignesh, overall nice but you spent too long on introduction today. It made you miss out some arguments.
Shubham Sagar
3 years ago
Hi Vignesh, well written answer, your intro though long but it is really good, you could have added a few more arguments regarding why govt is opting for ordinances so often. All in all a good one :)
Panchami V M
3 years ago
super sir. i wait for ur answers
Gaurav Sharma
3 years ago
Hi Vignesh, very nicely written answer. Intro and conclusion are very impressive. I feel you did not write much about enemy property act and pros cons of it. but it could be fine as you covered ordinance part which have covered any such law.
Indian constitution has an unique nature of promulgating ordinances by President of India under article.123. It should be noted that, president can exercise this power when there is an actual need and not a substitute of law making by legislature. In recent times frequent re-promulgations of ordinances have put our representative form of govt and basic nature of our constitution under question. SC in recent judgement of Krishnakumar singh vs State of Bihar case, that repeated re-promulgations of ordinances is a constitutional fraud. Moreover, re-promulgation of Enemy property(Amendment and Violation) bill, 2016 is the first of its case where an ordinance is re-promulgated for the fifth time. It merely shoes the failure of parliament of its legislative power. The amendments of the bill which is said to violate art.14 has to be studied thoroughly by both houses to effect it into an act rather than repeated promulgations. Judiciary in this issue has rightly pointed out the problem of Legislature and Executive and it is high time for them to act accordingly and save our constitutional validity.
Roobitha Masanam
3 years ago
Kindly review friends :)
Rohit Mattu
3 years ago
Roobi When there is Critically analyse you must mention it pros and cons. so that to should albe to touch each dimension :)
Hi Roobitha, Answer is good but I think we had past instance where we had ordinances repromulgated more than 5 times right?
Roobitha Masanam
3 years ago
I have read that this the first of such kind to done it in a short span of time vignesh..
Roobitha Masanam
3 years ago
Thank you Rohit.. I'll keep that in mind in future:)
Hardik Siroha
3 years ago
Nice answer Roobitha, you managed to give enough space to both ordinaces and Bill which many people couldnt do :) Review mine too
Roobitha Masanam
3 years ago
Thank you Hardik...
Anjali Janjire
3 years ago
Nice one & judiciaries part make it more inclusive....keep it up
Roobitha Masanam
3 years ago
Thank you anjali..
As many as 21 ordinances have been passed since the new government was elected which include NEET ordinance, Demonetization ordinance, Enemy Property ordinance etc., SC's recent outbreak on the govt. saying such behaviour amounts to the fraud of the constitution and the subsequent expansion in its judicial review powers regarding Art.123 and 213 are a result of this. The recent moves by the govt. mostly seem to be populist in nature and the constant ordinance route is definitely undermining the representative party system of the nation. Passing too many bills through ordinances erodes parliamentary process, where the merits and drawbacks of a bill are debated in Parliament. There may be clauses, problems that are not being looked at, that are not being discussed by parliamentarians. The problem doesn't lie with the ruling government alone. The failure of the parliament to deliberate on issues and series of blockades created by the opposition with unreasonable arguments and the decline in respect towards the parliamentary system in our representatives also are significant contributors to the present situation. Looking at these ordinances a businessman will not put his money into projects. Instead, he will wait to hear from Parliament before starting investments thus hampering the growth. The way forward :- 1) Our representatives needs to put aside their personal agendas and strive for the welfare of the nation. 2) Amendment in the present loop-hole in the constitution is required to prevent its misuse in the future.
Sumanth reddy
3 years ago
Please Review :)
Dinesh Kumar
3 years ago
Your view was really nice sumanth...But I think you have went on with narrow perspective....try to cover both pros and cons then give a effective conclusion as it is asked to analyse critically... But your answer structure is very nice...
Roobitha Masanam
3 years ago
Nice answer Sumanth.. Keep writing:)
Rohit Mattu
3 years ago
COnclusion and Introduction is good .. but you use short sentances in answer :) good answer and review mine one :)
Shubham Sagar
3 years ago
Hi Sumanth, Nice answer, very balanced. Just a suggestion, the entire point about businessman and projects can be replaced by weakening of the faith of investors in the institutions of the country.
Nice answer Sumanth. I especially like your answer where you have mentioned the ill effects of the uncertainty :) Keep it up :)
Unacademy User
3 years ago
Very nice answer
Gaurav Sharma
3 years ago
Hi Sumanth, you write answers in very good manner, keep it up! One suggestion , you did not cover the question entirely, you mainly focussed on the Ordinances part.
Raunak Sinha
3 years ago
You are taking an agressive negative stance..though the effort is amazing...good job :)
Resorting to ordinance has always raised concern on the violation of spirit on spirit of constitution and subversion of primacy of the legislature. The ordinance of enemy property (amendment and validation) bill 2016 is yet another ordinance raising these concerns. It is an amendment to the enemy property act 1968 which allows taking over of the properties of the persons who migrated to Pakistan and China (enemy countries) when India was at war with them. This ordinance would prove to be beneficial for the financial condition of our country as the money obtained by selling of all such enemy properties would be enough to fund the whole digital India campaign. Even Pakistan has done the same with the enemy properties i.e. sold them. But it seems that it would also subvert the spirit of the constitution as the bill is against article 14 which grants equality before the law. The reason for this being the fact that the act allows the transfer of enemy property from enemy to other persons but the bill declares such transfers as void and this applies to the transfers both before as well as after 1968. This bill is also being criticised as being “anti minority” as most of such enemy properties belong to the muslims who migrated to Pakistan. Under this the heir would have no right to the property irrespective of the fact whether the heir is an Indian citizen or not. Further the bill also prohibits the courts from entertaining the disputes regarding enemy properties under section 18B of the bill.
Arpana Patankar
3 years ago
Please review.
Roobitha Masanam
3 years ago
Nice answer Arpana. Issues regarding the bill are good. If your conclusion added something to connect it with failure of legislature would make it complete.. Keep writing and reviewing:)
Utsav Srivastav
3 years ago
Hi Arpana starting of the answer is very good but atlast you left conclusion as answer ends at sudden, also how it would violate art-14 in direct sense? Please explain
Hi Arpana, Your informations on the bill is very good :) I think you need not to analyse about the bill, we have to concentrate more on the constitutionality of the repromulgation :)
Hardik Siroha
3 years ago
Hey Arpana, like earlier pointed out you made Bill the hero of your answer while its supposed to be only in supporting role.Otherwise you have given good arguments.
Arpana Patankar
3 years ago
Thanks for reviews and suggestions everyone. I suppose I got completely sidetracked, I should have read the question properly :)
Arpana Patankar
3 years ago
@Utsav- see article 14 says everyone is equal before the law, but what this bill says is that even if a person is a rightful Indian heir, he would have no claim over the property he inherited just because his relatives chose to migrate- for whatever reason- during a war decades ago, so that is kind of unfair, right?
Utsav Srivastav
3 years ago
Hi Aparna but that comes under right to property which is now a legal right not a fundamental so Art-14 just bars any privilege regarding law that is everyone is equal before law that is you me and everyone else is same for law so I dont think its violating that law otherwise it would have been challenged immediately as FR is basic structure of Constitution and in any way a citizen can appeal in SC/HC if any ordinance or bill violates this basic structure. The crux for answer only lies in the checks and balances and authenticity of legislature of no law is discussed before parliament then it would directly affect basic functioning of governance. I agree with the point of minority impact as it is violated. Am i wrong?
Arpana Patankar
3 years ago
You are right Utsav. Thanks for the explanation
Utsav Srivastav
3 years ago
Welcome Arpana !
Gaurav Sharma
3 years ago
Hi Arpana, answer is very good with simple language and covers the pros and cons of the bill. One suggestion :- you can also write something about the ordinances
Arpana Patankar
3 years ago
Thanks for the suggestion Gaurav.
  1. EDITORIAL ANALYSIS OF NEWSPAPERS IN LESSTHAN 10 MINUTES th resented E 12thJanuary, 2017 shu chrome


  2. ABOUT ME . Educator @ unacademy B.Tech. Comp. Sc. (Hons.) NTSE and Debating Champion Appeared for CSE and IFoS mains Interests: Music, Quizzing, Fitness & Photography RATE REVIEW RECOMMEND https://unacademy.com/user/deepanshu.n.singh


  3. EDITORIALS COVERED IN TODAY'S LESSON The Hindu Elections are not a referendum .Missing the Asian tailwind? .Livemint Understanding the male principle Indian Express What we need to guard


  4. QUESTIONS FOR ANSWER WRITING PRACTICE Do you think that Ordinance like the Enemy Property (Amendment and Validation) subverts both the primacy of the legislature and the spirit of the Constitution? Critically analyse.


  5. TH: MISSING THE ASIAN TAILWIND? GS-2 o How India should deal with its neighbours and the One Belt,One Road initiative with more emphasis on the economic front. o Status of India with other surrounding nation:s sale of coastal patrol craft to Vietnam,based on Look East Policy 1992 o Now on the West,India's investment of $500 million in the Chabahar port o investments in Afghanistan,but political discussions interfere it o Bhutan in South Asia is the only nation India can look upon as of now o Status of China with other surrounding nations: o India has some concerns on certain China's proiects like o China's investment of $46 billion in the China-Pakistan Economic Corridor (CPEC) ending in Gwadar,near to Chabahar port. o China's One Belt, One Road (OBOR), launched in 2013,which connects them to a warm-water port o OBOR connects more than 65 countries, three-quarters of known energy resources, envisages an investment of $4 trillion and is estimated to cover two-thirds of the global population and GDP This OBOR will bring new infrastructure,new institutions and integrated markets,which will bring changes in global rules in trade.


  6. TH: MIsSING THE ASIAN TAILWIND? GS-2 Why India should be worried? Till 1757, India was the richest country with its wealth based on textile export,then the British looted us. o In 1950 ,India was richer than China. But now China is richer than us and expected to takeover USA. o We are not a part of OBOR NITIAarog has yet to develop a strategy laying out how India can become a $10-trillion economy by 2032. o no national perspective on the uncertainties, challenges and opportunities from global forces and technological innovation reshaping global politics, economy and society We are concerned about Pakistan and ignoring global trade. With two-thirds of global wealth soon going to be in Asia and India is obviously alone in the trade zone,when we look at the OBOR project. How China is readying itself to dominate the trade world? o US. President Barack Obama failed in writing trade rules for a re-emerging Asia through the Trans-Pacific Trade Partnership, deterring China from claiming the strategic South China Sea despite the military pivot, and preventing the establishment of the Asian Infrastructure Investment Bank by asking Europe to keep out.


  7. TH: MIsSING THE ASIAN TAILWIND? GS-2 US , Russia and China have strengths in individual sectors, their relations may well get better with China having low cost labour Mr. Trump is also moving away from military alliances to ramping up military superiority based on technological leadership. o Mr. Trump's policy shift considering a deal with China on trade China's national goal is to double its 2010 GDP and per capita income by 2020 for which the OBOR is considered essential. All the above points show How China is moving on the right road to become a dominant player in global trade. o Conclusion: China is keen that India join the OBOR initiative, providing the opportunity to reset relations with China and Pakistan, where we always look for military strategy and this OBOR will refocus on the democratic view. We should be a i hdinga "Digial Susainable Aia"copont Some encouraging signs that we have begun to think strategically by balancing cross-border terrorism with cross-border water flows and greater reliance on endogenous cybersecurity and missiles.


  8. IE: WHAT WE NEED TO GUARD GS-2 o What this article is about? Fundamental righs and current issues with Fundmental rights o What did the Constituent Assembly think about Fundamental Rights? o A Constitution does not "confer" fundamental rights. It confirms their existence and accords them protection o It is not a gift to the citizens but it is the basic human rights, gave much importance to fundamental rights. Thus this is the rationale of Fundamental Rights. Issue of Fundamental Rights and the Courts: o The Question which is asked by many "whether a court can deduce additional fundamental rights which are not expressly set out in the Constitution?" o Our Supreme Court has deduced fundamental rights which are not specifically mentioned in the Chapter on Fundamental Rights on the principle that certain unarticulated rights are implicit in the enumerated guarantees. o Eg- 1.freedom of the press based on the guarantee of freedom of speech and expression. o 2. right to travel abroad and return to one's country-Article 21 o 3. right to education until the age of 14 based on Article 21


  9. IE: WHAT WE NEED TO GUARD GS-2 o Not only our Supreme Court but also other countries have followed other the similar trend. o Eg:-1. US Supreme Court has deduced rights of privacy and parenthood 2. Irish courts in the Republic of Ireland o The author says, No fundamental right is or can be absolute. Every Constitution provides for restriction of fundamental rights in general public interest.However, the restriction imposed should not be excessive or disproportionate. In determining this issue, judiciary plays a part. But that is no ground for declining judicial review ing judicial revieW. o Eg: State of Madras v. V.G. Rao decided in March 1952,Supreme Court says "it is inevitable that the social philosophy and the scale of values of the judges participating in the decision would play an important part", but emphasised that if the impugned legislation violated a fundamental right it would have to be struck down because as regards "fundamental rights", the Court has been assigned the role of a sentinel on the "qui vive".(qui vive means alert) o What is the basic principle on these courts have acted upon? o principle of constitutional adjudication is to construe a statute in a manner that will obviate constitutional challenge.Itis like interpreting the meaning of certain provisions based on the merits of the case or in favour of a particular view o Su spending Fundamental Rights: serious violations of fundamental rights occur during emergencies, reason is that fundamental rights are required to be suspended temporarily in order that the nation may survive


  10. IE: WHAT WE NEED TO GUARD GS-2 fundamental right of freedom of expression and personal liberty, which are the favourite targets of attack by authoritarian regimes because their suppression enables the regime to survive. PIL-Safeguard of the Fundamental Rights and it proved to do so: o A person whose fundamental rights have been violated without issuing appropriate directions for compensation for breach of constitutional safeguard,all these have been dealt by when PIL (Public Interest Litigation) came up It has shown its power and below are the reasons which proves it is a safegaurd o at least some illiterate, indigent and exploited segments in our society Numerous prisoners languishing in jails inordinately awaiting trial have been released conditions of inmates in care homes and in asylums for the insane; and of workers in stone quarries and brick kilns, have beeni Bonded labour is slowly becoming history o Remember,PIL has also caused problems too o Through PIL, administration knows that it has to conform to the discipline of fundamental rights and that the that the powers of the state are not unlimited. Thus proving, protection and promotion of fundamental rights has been by development of Public Interest Litigation PIL)