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6th June 2018 Part-3: Daily News Analysis (in Hindi)
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Reservation in Promotion decoded

Jatin Verma
Have appeared in UPSC CSE thrice. Have been taking Unacademy Plus courses Academics- Polity, Economics & Current Affairs.

Unacademy user
The way the concepts are being presented that is great....thanks mam
sir u said that u would show your current affairs' notes on the youtube channel???
Respect sir Please explain the DNA in hindi with english. Your video is really awesome. Good work Thank u
Respected Sir, Please explain the section 66A of the IT act. It will be a great help for me. Thank you.
Respected Sir, Please explain the section 66A of the IT act. It will be a great help for me. Thank you.
Respected Sir, Please explain the section 66A of the IT act. It will be a great help for me. Thank you.
  1. to Page 7 Nation News: Promotions in govt. offices should go ahead, says SC at thh SC has observed that promotions in govt. offices should go ahead in "accordance with law . The court was responding to the govt's complaint that the entire promotion process was in limbo because of uncertainty over reservation in promotion for the SC/ST employees A Bench of Justices A.K. Goel and Ashok Bhushan said nothing prevented the govt from re promoting employees in accordance with law. But the court was not clear about the law it was Ihereferring to At a standstill' Additional Solicitor-General said promotions had come to a "standstill" because of the status quo e ar k h ent order passed by the court in 2015 after the HCs gave orders at cross-purposes Justice Goel observed that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Mr. Singh said the petition before the Bench was the Centre's challenge to the Delhi High Court's verdict of August 23 last, quashing the govt. order extending reservation in promotion to employees of the SC and the ST beyond 5 years from November 16, 1992 He argued that the SC's 2006 judgement in the M. Nagaraj case was applicable to reservation in promotion. tis

  2. to Constitution Check at thh In the 2006 judgment, the Apex Court had held that it is not mandatory for the State to make reservations for SC/ST in matter of promotions. However, if the State did wish to exercise its discretion, it is supposed to gather quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment, in addition to compliance with Article 335, It was further held that the State is required to adhere to the ceiling-limit of 50% and abstain from obliterating the creamy layer or extending the reservation indefinitely November 2017: A Bench comprising Justice Kurian Joseph and Justice R. Banumathi had, referred the matter to a Constitution Bench. . k h ent . It had noted that the question pertained to the interpretation of the provisions in the backdrop of three Constitution Bench decisions V Indra Sawhney and others v. Union of India, EV Chinnaiah v. State of AP and M Nagaraj and others v. Union of India and others. tis that

  3. to . What the petition argues? at thh The Petitions before the Court had further pointed out that even though both, Nagaraj and Chinnaiah dealt with the same subject, the judgment in Chinnaiah has not been referred to in Nagaraj's case. Reconsideration of the five-judge bench judgment in Nagaraj case was sought mainly on the ground p that the SC had erred by seeking test of backwardness before grant of reservation in promotion. On he Tuesday, a two judge bench had said in its referral order, "Petitioners have argued for a relook of Nagaraj specifically on the ground that test of backwardness ought not to be applied to SCs/STs. Apart from the clamour for revisit, further questions were raised about: Application of the principle of creamy layer (which was applied only to OBC quota by Indra Sawhney-Mandal judgment) in situations of competing claims within the same races, communities, groups and parts thereof of SC/ST notified by the President under Articles 341 and 342 of the Constitution of India A five-judge bench in 2006 had laid down stiff conditions for governments to provide reservation in promotion to SC/ST communities under Articles 16 (4A) and 16 (4B) Article 16 (4B) provided accelerated promotion to SC/ST employees on roster point system, which . e ar k h could give six-year advantage to such employees to reach top positions in departments compared to general category employees. tis

  4. to Conditions laid down by S.C. in The Nagaral judgment: 1. In this regard, the concerned state will have to show in each case the existence of the compelling at thh reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation. 2. The impugned provision [Articles 16 (4A)] is an enabling provision. The state is not bound to pmake reservation for SC/ST in matter of promotions. he 3. However, if they wish to exercise their discretion and make such provision, the state has to collect re quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335. It is made clear that even if the state has compelling reasons, as stated above, the state will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling limit of 50% or obliterate the creamy layer or extend the reservation indefinitely. e ar k h Result: Till date, no state government or the Centre has neither collected "quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment" nor carried out any survey to find out whether efficiency was compromised through such reservations. Governments have been intending to carry forward vacancies for backward classes to the next year. tis

  5. to Page 7 Nation News: Malkangiri's former Maoists switch from guns to pens at thh . Malkangiri district police in Odisha has taken up the mantle to educate former Maoists, who were once trained to raise guns against the security forces. owing to the efforts and coaching of police officials: . P107 surrendered former Maoists of Malkangiri district were now appearing in the >Most of them were appearing for the commerce course, which could be a catalyst for their . It was an achievement of the Mission Education' initiated by Malkangiri police in 2017 with an re he examinations for Bachelors Preparatory Course (BPP) of IGNOU this month. decent livelihood in future. e ar k h ent aim to provide free education to surrendered Maoists and their supporters living in remote pockets of this Maoist infested district. Police officials had taken active role in the training. Police officials took classes for the surrendered Maoists at district police headquarters every weekend during past 6 months to get them prepared for BPP examination A private tutor was assigned to help out these students and authorities of IGNOU study centre of Malkangiri also extended support Out of the 120 students 107 decided to take up IGNOU's BPP exam in June this year. tis en thec

  6. Page 7 Nation News: 'Permits kev to claim insurance' at thh SC has held that Insurance companies are not liable to compensate accident claims for public transport vehicles plying without permits 'Permits' are authorisation given by State authorities to use motor vehicles as transport vehicles SC has observed that the use of a vehicle in a public place without a permit is a fundamental statutory infraction re he SC's Verdict The verdict came on an accident involving a truck which fatally hit a two-wheeler rider in February 2013 at Pathankot. The insurance company argued that the truck was used in violation of the terms of the insurance policy. The driver did not have a valid driving licence and, therefore, it was not obliged to indemnify the u insured That apart, a stand was taken that the vehicle did not have the permit on the date of the accident. e ar k h The verdict said the existence of a permit of any nature is a matter of documentary evidence, but nothing was brought on record by the insured to prove that he had a permit of the vehicle. In such a situation, the onus cannot be cast on the insurer," the apex court decided while dismissing the appeal against the company. tis that en thec

  7. want te be startin to Page 10 News: Assam divided over Bill: Assam Governor at thh Amid growing protests in Assam over the proposed Citizenship (Amendment) Bill, Governor Jagdish Mukhi said the State was divided over the matter. The Governor said: Assam is divided over the issue: Brahmaputra valley has a different view and Barak valley has a p re he different one. Not only political parties, but social, cultural, literary organisations have taken their respective stands. The State govt is seized of the matter. Background: Assam has been witnessing resistance to the Centre's move to bring the Citizenship k h (Amendment) Bill 2016 that seeks to grant citizenship to religious minorities (Hindus, Sikhs) from Bangladesh, Pakistan and Afghanistan who sought refuge in India due to religious persecution. Governor made it clear that as the Constitutional head of the State, he will not comment on political issues but tried playing down fears of a law and order problem due to the ongoing . updating of the National Register of Citizens (NRC) stay He said commendable work was being done to "prepare an error-free list of genuine Indians living the State. tis

  8. to What is the new proposed amendment to the Citizenship Act? The Citizenship (Amendment) Bill, 2016, seeks to amend the 1955 Act to permit members of six communities- Hindu, Sikh, Buddhist, Jain, Parsi and Christian from Pakistan, Bangladesh and Afghanistan eligible for citizenship if they had entered the country before December 14, 2014. Under the original Act, an applicant seeking citizenship by naturalisation must have resided in India during the last 12 months, and for 11 of the previous 14 years. The proposed Bill relaxes the 11 . at thh r re he year requirement to six years for applicants belonging to these six religious communities and three countries Many organisations in Assam are up in arms against the proposed Bill, which they fear may trigger demographic change in Assam as illegal Bangladeshi Hindu migrants are granted citizenship Several BJP allies are against the amendment; in Meghalaya, where the BJP is part of the government, the state cabinet took a decision to oppose the Bill Enthusiasm for the Bill is largely restricted to the Bangla-speaking people in the Barak Valley. The Bill is unlikely to withstand scrutiny in court, as it discriminates against Muslims only on the grounds of religion, which is prohibited by Article 15(1) of the Constitution. e ar k h ent . . tis that

  9. want to be starti Barak Vallev Brahmaputra River National Waterway No. II River ihang Riv or Siang or Sikang INDIA ASSAM CHINA TIBET ohit R nSubunsiriR. Saikhoa Burhi Dihing R. Bhutan Disapgmuk Nearat sikki ri Ghat MYANMAR N.C.HILLS ansiri Mukh MEGHALAYA Manas, R West Bengal Assam og Ighop eGuwahati 1.2 e ar k h 1,2 Meghalaya 1.2 1,2,1,3 1,2 1.3,4 Manipur Map not to Scale BANGLADESH National Waterway No. 1,2.4 Tripura) Mizoram 1.2,4 MIZORAM TRIPURA OCCURRENCE OF TURTLES 1-57 MAJOR RIVERS & STREAMS. * . MAP-1 SKETCH MAP OF BARAK VALLEY

  10. want te be starting sa to Page 10 News: China seeks to deepen anti-graft ties at th 6-member delegation of senior Chinese officials wil meet their counterparts in Indian agencies to deepen cooperation between the two countries on people wanted for corruption and asset recovery. . During the 5-day vist, the delegation will hold meetings with the CBI Director and chiefs of the he The meetings are also aimed at sharing experience pertaining to various anti-corruption measures . During the Chinese presidency of G20 in 2016, "High Level Principles on Cooperation on Persons CVC and the Department of Personnel and Training. re and better coordination on the issue within G20 and BRICS. Sought for Corruption and Asset Recovery" was initiated to address the issue of persons accused of corruption fleeing the country and transferring the proceeds of crime overseas to evade the law. India has supported the initiative in principle. The document envisaged greater international cooperation in detection and investigations, besides other aspects of anti-corruption initiatives. ent * It is believed that those accused have been taking advantage of the investment-based immigration offered by several countries to get passports and even citizenship. tis that

  11. Page 10 News: Centre_seeks update on SIMI activities at thh . The Centre has written to the State govts seeking an update on the activities of the Students Islamic Movement of India (SIMI) ahead of deciding whether or not to extend the ban on the organisation beyond January 2019 In a communication to all States, the Home Ministry said the ban imposed under the Unlawful Activities Prevention Act (UAPA) would end on January 31 2019, but if the Union govt found that the group continued to indulge in unlawful activities, with a potential to threaten the re he secular fabric of the country, then the prohibition might be imposed afresh Cases registered on or after February 1, 2014, and their status which can stand judicial scrutiny, any other relevant information concerning SIMI along with the State govt's assessment and recommendation for a fresh ban may be furnished and a nodal officer may also k h ent be nominated for regular interaction and follow up . The Home Ministry said it was essential to watch the activities of SIMI and if its membership continued, then ipso facto a case of unlawful activity under the law was made out. The communication said If this organisation and its members commit offences in furtherance of their aims and objectives, then the charge sheet would have to contain the reference to such violation of Act. This is important since the evidence of such activities in the form of FIRs and charge sheets are required to be produced before the Tribunal. lis

  12. to Students Islamic Movement of India (SIMI It was established on April 25, 1977, in U.P.'s Aligarh, and the organisation's allegedly agenda is at th to liberate India by converting it into an Islamic country. Described as a terrorist organisation, the SIMI was first declared an outlawed outfit in 2001 Since then, it has been declared a banned group under the relevant law p The last time it was declared a banned outfit was under the UAPA on February 1, 2014, for a he period of 5 years re The ban was then confirmed by a tribunal on July 30, 2014 Unlawful Activities Prevention Act (UAPA * The Act came after the 16th CAA, 1963 which placed reasonable restrictions on [Ar.19(1) e ar [Ar. 192)], Ar193)] Crime under the Act: ent Supporting any secessionist movement -> Threatening the nation's economic security > Supporting a foreign power's claim over Indian territories Member of terrorist gang or unlawful associations or terrorist organisation Raising funds for terrorist activities (including the production and circulation of Fake Indian Currency Notes (FICN) tis that

  13. to With these discoveries, the number of animal species in India stands at 1,01,167, which is i,." 6.45% of the faunal species found in the world. The number of plant species has increased to 49,003, which is 11.4 % of the world flora . There are 148 flowering plants 108 macro and micro fungi 4 pteridophytes re 6 bryophytes 17 chens 39 algae 30 microbes e ar . In 2017, scientists discovered 20 species of balsams & 3 species of wild musa (banana) and jamun. The BSI publication lists 18 species of grasses. In terms of names for the discoveries, Tupistra k h khasiana , named after the Khasi tribe of the Khasi hills, and Drypetes kalami, named after former u President A.P.J. Abdul Kalam, stand out. Riches among hills The Western Ghats and the Himalavas are home to most of the plant and animal discoveries. Western Ghats contributed 19% for the species and subspecies of plants, 37% for animal . The Himalayas contributed 35% of plant discoveries: 18% from western & 17% from eastern Himalayas lis

  14. Agricultural soils contributed to over 70% of N2O emissions from India in 2010, followed by not Wastewater (12%) and residential and commercial activities (6%) Since 2002, N20 has replaced methane as the 2nd largest Greenhouse Gas from Indian agriculture. Chemical fertilizers (over 82% of it is urea) account for over 77% of all agricultural N20 emissions in India, while manure, compost and so on make up the rest Most of the fertilizers consumed over 70%) go into the production of cereals, especially rice. and wheat, which accounts for the bulk of N2O emissions from India. re he Cattle emissions Cattle account for 80% of the ammonia production, though their annual growth rate is 1%, due to a stable population. India is globally the biggest source of ammonia, nearly double that of NOx emissions. But at the current rate of growth, NOx emissions will exceed ammonia emissions and touch 8.8 tonnes bv 2055 e ar k h ent >> Poultry industry, with an annual growth rate of 6%, recorded an excretion of reactive- nitrogen compounds of 0.415 tonnes in 2016. That is anticipated to increaseto 1.089 tonnes by 2030 It is suggested that nutrient recovery/recycling from waste water for agriculture could cut down N2O emissions from sewage and waste water by up to 40%. lis

  15. . The Environment Ministry, two years ago, notified plastic waste management rules that sought to . However, several States and city corporations have been unable to effectively enforce the rules, Page 13 Business News: HUL to integrate foods and refreshment units in India control the manufacture of the particular kind of plastics. particularly the provision that bans the use of bags less than 50 microns thick. FMCG major HUL will integrate its foods and refreshment categories in India with effect from r heJuly 1 in alignment with the structure of Unilever globally. It will help in better serving the local consumers while harnessing the advantage of global scale. . The Foods and Refreshment (F&R) business has delivered consistent growth in India. It lends e ar significant scale to Unilever in the region and will continue to be a strategic priority for the business, HUL said, adding that the company believed this integration would help drive synergies become more agile and more consumer-centric ent Page 13 Business News: 5 lakh crore loans turned bad in FY18, Crisil has observed that, "while loans worth 5 lakh crore timed non-performing in 2017-8 fresh slippages are moderating, indicating the tide is turning 1/5th of the bad loans last fiscal, were due to withdrawal of the various restructuring schemes. Gross NPAs increased to 10.3 lakh crore, which is 11.2% of the gross advances, as on March 31, 2018, compared to 8 lakh crore, or 9.5% of advances, as on March 31, 2017. stay . lis

  16. LT to CRISIL expects moderation in slippages, better recoveries from NPAs and improved provision coverage to bode well for banks, i.e. in case of SMA-2 advances, the exposures have halved. at thh NCLT referrals e Further, prospects of recovery from stressed accounts referred to the National Company Lavw Tribunal are improving heMore than a quarter of the 3.3 lakh crore worth of cases referred to NCLT for resolution are from the steel sector, which has seen heightened bidding interest due to improving prospects for the sector Page 13 Business News: Services PMI contracts in May e ar k h ent India's services sector activity contracted for the first time in three months in May as new business orders stagnated and cost pressures intensified amid higher fuel prices, according to a monthly survey. However, a "bright spot" was that business sentiment was the strongest since January 2015, rooted in expectations of improvements in demand conditions in the year ahead. . . The seasonally adjusted Nikkei India Services Business Activity Index fell, indicating a marginal contraction in business activity, following a 2-month period of growth. lis

  17. to Page 13 Business News: Cross-holding norms issued for rating firms SEBI has imposed a 10% cap on cross-shareholding in credit rating agencies at thh > It has raised their net worth requirement to Rs. 25 crore from Rs. 5 crore and disallowed an agency from having a seat on a rival's board. . It is likely to have an impact on global rating agencies like S&P, Moody's and Fitch which have significant holdings in domestic agencies besides their direct presence. Under the new rules he A credit rating agency (CRA) will not, directly or indirectly, have more than 10% of shareholding or voting rights in another CRA It would not have representation on the board of the other CRA. Permission needed: e ar k h ent Further, SEBI's prior approval would be needed for acquisition of shares or voting rights in a CRA that results in change in control. A shareholder with 10% stake or voting rights in a CRA will not hold similar holding or voting rights in any other CRA. This restriction will not apply to holdings by Pension Funds, Insurance schemes and Mutual Fund schemes. SEBI has given 3 years to existing CRAs to comply with the net worth requirement, lis

  18. to Page 13 Business News: Will achieve 175 GW renewable energy target before 2022 Power and Renewable Energy Minister R.K. Singh said: . India will reach its target of 175 GW of renewable energy capacity well before the deadline of at thh 2022 Bids for the entire amount will be completed by 2020 itself. . eGovt. would also achieve complete household electrification by the end of this calendar year. he He said, "n the 48 years before 2014, the pace of capacity addition in generation was about 4,800 MW a year. In the 48 months of this government, the pace of capacity addition was 24,000 MW a year. That's 4.8 times . On the govt's household electrification scheme, he said that the govt. is focussing electrification on those households that belong to backward communities, including SC and ST households. ent .On renewable energy target, Mr. Singh said the govt. hoped to touch 225 GW by 2022 lis