15th July, 2021 The Hindu Analysis 63966

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15 July, 2021EY S
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UP population policy
SIR
EY
Brexit N D
PA
Role of courts during crisis BH
RA
AU
2+2 talks
Y S
S B
S I
A LY
Laws and executive
A N
DU
mains
H I N
H E
T
IR
Q ‘’Growing intervention of courts at the time of crisis may dilute
S
the effort of executive ‘’ Examine E Y

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Anti-terror law should not be misused
SIR
Why in News?
E Y
D
Nor harass citizens,
A
● Anti-terror law should not be misused to quell dissent
P
Supreme Court judge Justice D.Y. Chandrachud H
B has said in an address on
A
R ‘Role of the Supreme Court in
Indo-U.S. legal ties, in a speech onU the
SA
Y in challenging times’.
protecting the fundamental rights
B
S IS
● The judiciary must
L Y remain the first line of defence against any move to
Aof their liberty.
A N
deprive citizens
D U
H I N
E
TH
● Some may dub the role of the court as “judicial activism” or “judicial
IR
overreach”. “The Supreme Court is a counter-majoritarian institution
S
sworn to protect the rights of socio-economic minorities”.

E Y
N D
● The actions of the government had far-reaching
A
P effects on the
BH
constitutional rights of people, which Ainvolved right to affordable
U R
healthcare, including vaccination; Arights of labourers, including migrant
Y S
B
labourers and factory workers; right to livelihood; and rights of prisoners.
S IS
LY
A of the Constitution”, the Supreme Court had to put a
● As the “guardian
N
A executive or legislative actions infringed fundamental human
U
break where
D
H I N
rights.
E
TH
Lockdowns
SIR
YE
●
N D
The judge noted how there was no provision under the Constitution for
A
P emergencies.
declaration of environmental or public health related
B H
A
Rin the declaration of lockdowns.
U
● Thus, the legislature had no role to play
A
S
BYa result of executive decrees.
● The lockdowns, instead,Swere
S I
A L Y
● The State governments,
N in fact, used the colonial era Epidemic Diseases
U A
Act to impose lockdowns on the public.
I N D
E H
TH
● The Indian government did not use its emergency powers to deal with
SIR
the COVID-19 pandemic. Instead, the Union government invoked the

E Y
D
National Disaster Management Act to declare the COVID-19 pandemic
N
as a ‘disaster’ within the meaning of the Act…
A
P the lockdown was
Thus,
B H
R A
a result of executive decrees, and the legislature did not play any role in
A U
its creation.
Y S
B
THE HINDU S IS
A L Y
A N
D U
H I N
E
TH
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●
SIR
This draft law, titled the Uttar Pradesh Population
E Y
(Control, Stabilisation and Welfare) Bill, 2021,
N D
P
seeks to provide not only a series of A
incentives to
B H
A norm,
families that adhere to a two-child
R
A U
● but also intends Y Son disentitling families that
S B
breach the
S Inorm from benefits and subsidies
A L Y
A N
D U
H IN
E
TH
●
SIR
According to it, unless population growth is regulated, the State will be
E
unable to guarantee the provision of basic rights to all citizens. Y
N D
A
P public servants who
● the draft postulates an array of measures. It promises
undergo sterilisation and adopt a two-childA norm
H
B several benefits.
U R
S
● These include two increments during
A their service, subsidy towards the
B Y
S S
purchase of a house, Imaternity, or paternity leave, with full salary and
A LY
allowances, as the case may be, for up to 12 months, and free health care
A N coverage for the spouse

and insurance
D U
E HIN
TH
. A person who breaches the two-child norm will be debarred

●
S IR
from securing the benefit of any government-sponsored

E Y
N
welfare scheme and will be disqualified from applying
D to any
P A
State government job. B H
R A
A U
Y S
● Existing government employees who infringe the rule will be
denied the benefit of B
promotion.
S IS
A L Y
A N
● And last, transgressing individuals will be prohibited from
D U
contesting elections to local authorities and bodies
E HIN
TH
● central government argued that IR

“international
S
E Y
experience shows that any coercion to have a certain
D
N and leads to
A
number of children is counter-productive
P
demographic distortions”. B H
R A
A U
●
Y S
B
S IS
A LY
A N
D U
H IN
E
TH
● they would look beyond demographic targets and focus

SIR
E Y
instead on guaranteeing a right to reproductive freedom.
N D
Since then, in India, the Supreme Court PA of India has
B
recognised this right as an inalienable
Hpromise.
R A
A U
S vs Chandigarh Administration
● In Suchita Srivastava & Anr
Y
S B that a woman’s freedom to make
S I
(2009), the Court found
LY
A decisions is an integral facet of the right to
reproductive
N
A liberty guaranteed by Article 21. “
U
personal
H IND
E
TH
● This ruling was endorsed by the Supreme

SIR
Court’s nine-judge Bench verdict in K.S. E Y

Puttaswamy vs Union of India (2017). A N D
H P
A B
● A reading of the plurality
U R of opinions there
S A
shows us that the Constitution sees a person’s
B Y
S S
autonomy Iover her body as an extension of the
Y
rightLto privacy
A
A N
D U
H IN
E
TH
●
S IR
other fundamental rights, the right to privacy is not boundless. But, as
Y to a
Puttaswamy clarifies, any restriction placed on the right must conform
E
doctrine of proportionality. N D
PA
B Hstatute; second, that the
R A
● This requires first, that the limitation be rooted in
state show us that the objective ofAits U law is founded on a legitimate
governmental aim; Y S
S B
S I
L
● third that there areYno alternative and less intrusive measures available to
A objective;
A
achieve the N
same
D U
I N
●H and fourth, that there exists a rational connection between the limitation
H E imposed and the aims of the statute
T
SIR
EY
N D
PA
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N A
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TH
SIR
EY
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PA
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Y S
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N A
U A
I N D
E H
TH
● The U.K. imports 70% of the fish it consumes; the

SIR
E Y
industry only contributes 0.12% of GDP and employs
N D
P A
0.1% of the workforce (https://bit.ly/3i7emwG), but
has political traction. B H
R A
A U
S fishing boats massed to
● In May, after 60 French
Y
S Bover fishing rights, naval units from
I
blockade Jersey
S
bothA LY
Britain and France deployed off Jersey, a farcical
A N
DU reminder of the loose ends of Britain’s exit from the
H I N EU.
H E
T
● SIR
Northern Ireland, part of the U.K. but in the EU’s
EY
single market, and therefore obliged to follow EU
N D
rules, is another case in point. P A
B H
● Tensions predictably arose
A
Rbetween Britain and the
A U
EU over the import Y Sof chilled meat products from
S B
Britain toS I
Northern Ireland, with Britain seeking an
L Y
A of the transition arrangements from June
extension
N
DU A30 by three months
H I N
H E
T
● SIR
In Scotland, the National Party, which seeks an exit from the
U.K., has grown in popularity since the Brexit vote. EY

N D
A
P38% to remain
● Scots voted in the referendum by 62% against
B H
in the EU, but were dragged out byUthe
A
Roverall result.
S A
Y
● For many Scots, leavingBthe U.K. is the clearest path back to
S IS
A LY
the EU, and anticipate that among other benefits, the EU will
A N
grant Scotland least developed status and subventions on the
U
D enjoyed by the Irish Republic.
H I N
scale
H E
T
● The International Monetary Fund warned that the British

SIR
economy faced a 10% GDP decline in 2020 E Y

N D
● In first quarter 2021, food and drink exports to
A
Pthe EU declined by
B H
R
nearly 50% and export of services alsoAshrank.
A U
S
Y have relocated to Europe
● At least 500 British companies
B
S IS
● The BrexiteersA LYwho forecast a clean break with the EU either
A N
underestimated or ignored the practical inconveniences of
D U
H I N
leaving, including the vast paperwork involved in exporting and
H E importing with the EU,
T
SIR
EY
N D
PA
BH
RA
AU
Y S
S B
LY SI
N A
U A
I N D
E H
TH
● The Supreme Court on Wednesday said it would examine how

S IR
Yof crisis
far courts could intervene in State policy during times
E
N D
A effort” was
such as the COVID-19 pandemic “when collective
P
required to overcome odds. B H
R A
A U
Y S
S B
S I
A LY
A N
U
H IND
E
TH
● “Can the court tell the Executive to get the formula [for
SIR
Y of
vaccines] from companies abroad or decide the number
E
ventilators... N D
P A
B H
● These are times of crisis when
R A everybody has to be
cautious... Is this when A U should get into all this?
court
Y S
S B
● ExecutiveShasI the benefit of experts with their expert
A L Y
knowledge..
N
DUA
H I N
H E
T
SIR
EY
N D
PA
BH
RA
AU
Y S
S B
LY SI
N A
U A
I N D
E H
TH
●
SIR
India and Russia will hold the first 2+2 Ministerial meeting
later this year. E Y

N D
PA
BH
RA
AU
Y S
S B
LY SI
N A
U A
I N D
E H
TH
IR
Q ‘’Growing intervention of courts at the time of crisis may dilute
S
the effort of executive ‘’ Examine E Y

N D
PA
Sp current affairs
BH
RA
https://t.me/currentconcept AU
Y S
B
S IS
A LY
A N
D U
H I N
H E
T
SIR
EY
N D
PA
BH
RA
AU
Y S
S B
LY SI
N A
U A
I N D
E H
TH
SIR
EY
N D
PA
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Y S
S B
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N A
U A
I N D
E H
TH

15th July, 2021 The Hindu Analysis 63966

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the effort of executive ‘’ Examine E Y

sworn to protect the rights of socio-economic minorities”.

the COVID-19 pandemic. Instead, the Union government invoked the

A N coverage for the spouse

. A person who breaches the two-child norm will be debarred

from securing the beneﬁt of any government-sponsored

● central government argued that IR

● they would look beyond demographic targets and focus

● This ruling was endorsed by the Supreme

Court’s nine-judge Bench verdict in K.S. E Y

● The U.K. imports 70% of the ﬁsh it consumes; the

U.K., has grown in popularity since the Brexit vote. EY

● The International Monetary Fund warned that the British

economy faced a 10% GDP decline in 2020 E Y

● The Supreme Court on Wednesday said it would examine how

later this year. E Y

the effort of executive ‘’ Examine E Y

You might also like

15th July, 2021 The Hindu Analysis 63966

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15th July, 2021 The Hindu Analysis 63966

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the effort of executive ‘’ Examine E Y

sworn to protect the rights of socio-economic minorities”.

the COVID-19 pandemic. Instead, the Union government invoked the

A N coverage for the spouse

. A person who breaches the two-child norm will be debarred

from securing the beneﬁt of any government-sponsored

● central government argued that IR

● they would look beyond demographic targets and focus

● This ruling was endorsed by the Supreme

Court’s nine-judge Bench verdict in K.S. E Y

● The U.K. imports 70% of the ﬁsh it consumes; the

U.K., has grown in popularity since the Brexit vote. EY

● The International Monetary Fund warned that the British

economy faced a 10% GDP decline in 2020 E Y

● The Supreme Court on Wednesday said it would examine how

later this year. E Y

the effort of executive ‘’ Examine E Y

You might also like

● The U.K. imports 70% of the ﬁsh it consumes; the