DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 9th February 2024
Archives (PRELIMS & MAINS Focus) CURATIVE PETITION Syllabus Prelims –Polity Context: Supreme Court closes curative petition against its 2013 judgement on section 377 Background:- A 5-judge bench of the Supreme Court on Thursday held that the curative petition filed against the 2013 judgment, which upheld Section 377 of the Indian Penal Code (which criminalised homosexuality), has become infructuous in the light of the 2018 judgment which decriminalised homosexuality. About Curative Petition:- The Curative Petition is the last chance available in the court after the review petition is dismissed or has been exhausted. It is a concept evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition. It’s objectives are twofolds- avoid miscarriage of justice and to prevent abuse of process. The concept of the curative petition is supported by Article 137 of the Indian Constitution. Conditions laid by SC for curative petition: The petitioner must establish that the principles of natural justice were violated, and he has been adversely affected by the judgment. The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was dismissed by circulation. A curative petition must be first circulated to a bench of the three senior-most judges of the Supreme Court and the judges who had passed the concerned judgment, if available. If the majority of the judges conclude that the matter needs hearing, then it is listed before the same Bench. The Bench at any stage of the curative petition can ask a senior counsel to assist it as amicus curiae (friend of the court). A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed. MUST READ: https://www.scobserver.in/journal/court-in-review-curative-petitions/ SOURCE: Indian Express FREE MOVEMENT REGIME Syllabus Prelims-Current event of national importance Context: Home Ministry recommends immediate suspension of free movement regime which allows people residing close to India and Myanmar border to venture 16 km into each other’s territory. Background: The main reasons for this decision are to limit the spill-over effects of the conflict in Myanmar since the military coup in February 2021, and to reduce the risk of illegal migration, human and drug trafficking and ensure internal security. About free movement regime: The Free Movement Regime (FMR) is a pact between India and Myanmar that allows tribes living along the border on either side to travel up to 16 km inside the other country without a visa. The FMR was implemented in 2018 as part of the government’s Act East policy at a time when diplomatic relations between India and Myanmar were on the upswing. However, the FMR has been suspended by India since September 2022 due to the conflict in Myanmar following the military coup in February 2021. The India-Myanmar border extends for approximately 1,643 kilometers (1,021 miles), running from the tripoint with China in the north to the tripoint with Bangladesh in the south. The India-Myanmar border passes through the States of Arunachal Pradesh (520 km), Nagaland (215 km), Manipur (398 km), and Mizoram (510 km). UNIFORM CIVIL CODE Syllabus Prelim and Mains-Polity Context: Recently the Uttarakhand Assembly passed the State’s Uniform Civil Code. Background: With the passing of UCC bill Uttarakhand Assembly had become the first legislature in independent India to pass a Bill that imposes common rules for all communities — except Scheduled Tribes — on marriage, divorce, inheritances, and live-in relationships. About UCC: Uniform Civil Code (UCC) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. In India, currently personal laws of various communities are governed by their religious scriptures. UCC is mentioned in Article 44 of the Indian Constitution, which is one of the Directive Principles of State Policy. It says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Uttarakhand is the first state to implement a law on Uniform Civil Code (UCC) in India. The UCC Bill encompasses various facets of personal law, but it excludes Scheduled Tribes from its purview. This exemption recognizes the unique customary practices and traditions of tribal communities. Goa Uniform Civil Code Goa Uniform Civil Code is the common name for the Goa Civil Code, which is a set of laws that govern personal matters such as marriage, divorce, succession, and property for all residents of Goa, irrespective of their religion. However, Goa UCC does not cover all aspects of personal law, such as adoption and succession, which are still governed by different laws for different communities. Goa UCC also has some special provisions for certain communities, such as allowing bigamy to Hindu men under certain conditions. Therefore, Goa UCC is not truly uniform, as it has some exceptions and variations based on religion and custom. Goa’s civil code was introduced during the Portuguese rule. Monetary Policy Committee Syllabus Prelims-Economy Context: The Monetary Policy Committee (MPC) of the Reserve Bank of India (RBI) on Thursday, February 8, 2024 after a detailed assessment decided to keep the policy repo rate under the liquidity adjustment facility (LAF) unchanged at 6.50 per cent. Background: The repo rate increase cycle was paused in April last year after six consecutive rate hikes aggregating to 250 basis points since May 2022. About MPC: Monetary policy is a set of tools used by a nation’s central bank to control the overall money supply and promote economic growth. The Monetary Policy Committee (MPC) is a committee constituted by the Central Government and led by the Governor of the Reserve Bank of India (RBI). The Monetary Policy Committee (MPC) was constituted under the Reserve Bank of
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