7th August(Daily Current Affairs) - Sage IAS

In news:

● The National Council of Educational Research and Training (NCERT) has
removed the Preamble to the Constitution from some Class 3 and 6 textbooks
this year.
● For Class 6, the Preamble is included in the Science book, Curiosity, and the
Hindi book, Malhar. However, it is missing from the Social Science book,
Exploring Society: India and Beyond, even though that book does discuss
fundamental rights and duties.

Concept of the Preamble to the Constitution of India:
● Definition: A brief introductory statement outlining the Constitution’s purpose,
principles, and philosophy.
● Origins: Based on Jawaharlal Nehru’s Objectives Resolution (January 22, 1947).
● Role: Not enforceable in court but helps interpret ambiguous Articles.

Preamble Highlights:

  1. Source of Authority: The people of India.
  2. Nature of the State: Sovereign, socialist, secular, and democratic republic.
  3. Objectives: Securing justice, liberty, equality, and promoting fraternity to ensure
    national unity and integrity.
  4. Adoption Date: November 26, 1949.

Key Terms:
“We, the people of India”: Indicates ultimate sovereignty of the people.
Sovereign: India has independent authority, not controlled by any external
power.
Socialist: Achieving socialist goals through democratic means; supports a mixed
economy (added by 42nd Amendment, 1976).
Secular: Equal respect and support for all religions (added by 42nd Amendment,
1976).
Democratic: Constitution’s authority derives from the people’s will expressed
through elections.

● Republic: Head of state is elected by the people; in India, it’s the President.
Amendments:
● 42nd Amendment Act, 1976: Confirmed the Preamble as part of the
Constitution.
○ Added terms ‘Socialist’ and ‘Secular’.
○ Changed ‘Unity of the Nation’ to ‘Unity and Integrity of the Nation’.
Amendment Limits: The Preamble can be amended but its basic structure
cannot be altered.

2.ICC( International criminal court)

In news:
● On July 26, Britain decided not to challenge the International Criminal Court’s
(ICC) request for arrest warrants against Israel’s Prime Minister Benjamin
Netanyahu and Defence Minister Yoav Gallant.

About ICC( International Criminal Court)
Purpose: A permanent court for prosecuting serious international crimes
committed by individuals.
Crimes Tried: Genocide, war crimes, crimes against humanity, and aggression.
Goal: To combat global impunity and hold individuals accountable under
international law, regardless of their position.
Location: Headquarters in The Hague, Netherlands.
Statute: Established by the Rome Statute, adopted by the UN General Assembly
in 1998 and the ICC became operational in 2002.
Membership: Countries become members by signing and ratifying the Rome
Statute.
Current Members: 123 countries, with the largest group being African nations.
● Non-Members: India, China, Iraq, North Korea, and Turkey have not signed the
Rome Statute.
Signed but Not Ratified: The US, Russia, Israel, and Syria have signed but not
ratified the statute.

Difference between ICC and ICJ:

ICC(International Criminal Court)ICJ(International Court of Justice)
Establishment: The ICC was established
in 2002, following the adoption of the
Rome Statute in 1998.
Purpose: The ICC is a permanent
tribunal aimed at prosecuting individuals
for serious international crimes such as
genocide, crimes against humanity, war
crimes, and crimes of aggression.
Headquarters: Located in The Hague,
Netherlands.
Establishment: The ICJ was established
in 1945 by the United Nations Charter
and began functioning in 1946.
Purpose: The ICJ, also known as the
“World Court,” is the principal judicial
organ of the United Nations. Its main
functions are to settle legal disputes
between states and provide advisory
opinions on legal questions referred to it
by the UN General Assembly, the UN
Jurisdiction: The ICC has jurisdiction
over individuals accused of committing
the most serious international crimes. It
does not have jurisdiction over states but
can investigate and prosecute individuals
from any country, provided that the crimes
were committed on the territory of a state
party or by a national of a state party.
Relationship with the U.N.: The ICC is
an independent institution and is not
governed by the United Nations, although
it can receive referrals from the UN
Security Council (UNSC). It can also
initiate investigations and prosecutions
without UN action.
Legal Framework: The ICC operates
under the Rome Statute, which outlines
its mandate, procedures, and the crimes it
addresses.
Types of Cases:
Genocide: Acts committed with
intent to destroy, in whole or in
part, a national, ethnical, racial, or
religious group.
Crimes Against Humanity:
Widespread or systematic attacks
directed against civilians.
War Crimes: Serious violations of
the laws and customs of war.
Crimes of Aggression: The use
of armed force by a state against
the sovereignty, integrity, or
independence of another state.
Membership: As of now, 123 countries
are state parties to the Rome Statute.
Countries that are not parties include the
United States, Russia, and China.
Funding: The ICC is funded by
contributions from state parties to the
Rome Statute, as well as voluntary
contributions from governments,
international organizations, individuals,
and corporations.
Judicial Structure: The ICC includes:
Pre-Trial Chamber: Assesses
evidence and decides on warrants
and arrests.
Trial Chamber: Conducts trials
and determines guilt or innocence.
Appeals Chamber: Handles
appeals against decisions made by
the Trial Chamber.
Challenges: The ICC faces challenges
such as political influence, limited
enforcement powers, and criticism of bias
or selectivity in its prosecutions.
Significance: The ICC represents a key
institution in the international justice
system, aiming to end impunity for the
gravest international crimes and provide
justice for victims.
Security Council, or other UN organs and
specialized agencies.
Headquarters: Located in the Peace
Palace, The Hague, Netherlands.
Jurisdiction:
Contentious Cases: The ICJ
resolves disputes between
sovereign states that have
consented to its jurisdiction.
Advisory Opinions: It provides
advisory opinions on legal
questions posed by UN organs or
agencies.
Legal Framework: The ICJ operates
under its Statute, which is an integral part
of the UN Charter. The Statute outlines its
structure, functions, and procedures.
Types of Cases:
Legal Disputes: Includes matters
related to sovereignty, boundary
disputes, maritime disputes, trade,
natural resources, human rights,
and treaty violations.
Advisory Opinions: Can address
questions of international law
submitted by UN bodies or
authorized organizations.
Membership: All UN member states are
automatically parties to the ICJ Statute.
Non-UN member states can also become
parties by accepting the ICJ’s jurisdiction.
Judicial Structure:
Judges: The ICJ is composed of
15 judges elected for nine-year
terms by the UN General
Assembly and the UN Security
Council.
Presidency: The ICJ elects a
President and Vice-President from
among its judges for a three-year
term.
Procedures:
Contentious Cases: Parties
submit written and oral pleadings;
the Court then renders a binding
judgment.
Advisory Opinions: The Court
issues opinions on legal questions,
which are not binding but carry
significant weight.
Enforcement: The ICJ’s rulings are
binding on the states involved. If a state
fails to comply with a judgment, the other
party can request the UN Security Council
to enforce the decision.
Funding: The ICJ is funded by the United
Nations, with its budget determined by the
UN General Assembly.
Significance: The ICJ plays a crucial role
in maintaining international law and order,
providing a peaceful mechanism for
resolving disputes between states, and
offering authoritative legal advice on
complex international issues.

3.Brain Eating Amoeba:

In news:

Amoebic meningoencephalitis has taken another life in Kerala’s state capital.
Four additional cases have been confirmed in the same area, Nellimoodu in
Neyyattinkara taluk. All affected individuals are currently being treated at the
Government Medical College Hospital (MCH), according to the Additional
Director of Health Services (Public Health).

What is Brain Eating Amoeba:
Scientific Name: Naegleria fowleri
Description:
● Naegleria fowleri is a free-living amoeba, a type of single-celled organism found
in warm freshwater environments such as hot springs, rivers, and poorly
chlorinated swimming pools.
Infection Mechanism:
● The infection begins when water containing the amoeba enters the body through

the nose.
● From the nasal passages, Naegleria fowleri travels up the olfactory nerve to the
brain, causing primary amoebic meningoencephalitis (PAM).
Disease:
● Primary Amoebic Meningoencephalitis (PAM): A rare but severe brain
infection characterized by inflammation and destruction of brain tissue.
Symptoms: Initial symptoms resemble bacterial meningitis and include
headache, fever, nausea, vomiting, and stiff neck. As the infection progresses,
symptoms may include confusion, loss of balance, seizures, and coma

Diagnosis:
● Diagnosis is challenging and often confirmed post-mortem. Early symptoms may
mimic other diseases, and specific tests are needed to identify the amoeba in
cerebrospinal fluid (CSF) or brain tissue.

Treatment:
● PAM has a high mortality rate, but some cases have been successfully treated
with a combination of antifungal and antiparasitic drugs, such as amphotericin B,
miltefosine, and rifampin. Early diagnosis and prompt treatment are crucial for
improving survival chances.

Prevention:
Avoiding Exposure: Reduce the risk by avoiding activities that might introduce
water into the nose, especially in warm freshwater environments.
Proper Pool Maintenance: Ensure swimming pools and hot tubs are properly
chlorinated and maintained.
Global Distribution:
● Cases are most commonly reported in warm freshwater areas of the United
States, but infections can occur in other regions with similar environmental
conditions.
Public Health Significance:
● While infections are extremely rare, they are severe and often fatal. Awareness
and preventive measures are essential, particularly in areas where the amoeba isPrevention:
Avoiding Exposure: Reduce the risk by avoiding activities that might introduce
water into the nose, especially in warm freshwater environments.
● Proper Pool Maintenance: Ensure swimming pools and hot tubs are properly
chlorinated and maintained.
Global Distribution:
● Cases are most commonly reported in warm freshwater areas of the United
States, but infections can occur in other regions with similar environmental
conditions.
Public Health Significance:
● While infections are extremely rare, they are severe and often fatal. Awareness
and preventive measures are essential, particularly in areas where the amoeba is known to be present.

Recent Trends:
● Increased awareness and improved diagnostic methods may help in early
detection and treatment. However, maintaining proper water sanitation remains a
critical preventive measure.

4.Capital Gain Tax:

To address criticism of the recent changes in long-term capital gains tax, the
Government has decided to offer some relief regarding the taxation of property.
Finance Minister Nirmala Sitharaman had previously announced that the tax rate
on long-term capital gains would drop from 20% with indexation benefits to
12.5% without those benefits.
Indexation Benefit:
● Indexation adjusts an investment’s purchase price to account for inflation.
● For properties bought after 2001, indexation benefits will be removed.
● Indexation will still apply to properties bought before 2001.

What is Capital Gains Tax:

Definition: CGT is levied on the difference between the selling price and the purchase
price of an asset.
Definition: CGT is levied on the difference between the selling price and the purchase
price of an asset.
Types of Capital Gains:

Short-Term Capital Gains (STCG): Gains from assets held for less than a
specified period (typically less than 1 year for listed shares and mutual funds).
STCG is taxed at a higher rate.
Long-Term Capital Gains (LTCG): Gains from assets held for longer than the
specified period (typically more than 1 year for listed shares and mutual funds).
LTCG often benefits from lower tax rates and indexation benefits.

Indexation: This is an adjustment of the purchase price of an asset to account for
inflation, applied to LTCG. It helps reduce the taxable gain by increasing the purchase
price.

5. BAIL:

In news:

The Supreme Court asked the Directorate of Enforcement (ED) when the trial
against former Delhi Deputy Chief Minister Manish Sisodia might realistically
conclude. Justices B.R. Gavai and K.V. Viswanathan raised this question while
considering Sisodia’s bail request in the excise policy case. Sisodia, a leader of
the Aam Aadmi Party (AAP), has been in custody for almost 17 months.
Definition and Purpose:
Bail: Bail is a legal mechanism that allows a person who is accused of a crime to
be released from custody while awaiting trial, on the condition that they will return
for court hearings.
● Purpose: The purpose of bail is to ensure that the accused does not remain in
jail before their trial, allowing them to prepare their defense while ensuring they
do not flee or interfere with the judicial process

2.Types of Bail:

Regular Bail: Applied for after an arrest and before the charges are framed. It is
used when the accused has been charged but not yet convicted.
Anticipatory Bail: Sought when a person anticipates arrest based on a
complaint or accusation. It allows a person to avoid arrest if they can prove that
they will not misuse the bail.
Interim Bail: Temporary bail granted for a short period before the final decision
on a bail application is made.
Bail on Appeal: Granted to a convicted person while their appeal is pending.

Applied for after an arrest and before the charges are framed. It is
used when the accused has been charged but not yet convicted.
Anticipatory Bail: Sought when a person anticipates arrest based on a
complaint or accusation. It allows a person to avoid arrest if they can prove that
they will not misuse the bail.
● Interim Bail: Temporary bail granted for a short period before the final decision
on a bail application is made.
Bail on Appeal: Granted to a convicted person while their appeal is pending.

3. Legal Provisions:

Indian Penal Code (IPC): Sections related to bail and arrest are not explicitly
detailed in the IPC but are covered under the broader legal framework.
● Code of Criminal Procedure (CrPC): Detailed provisions for bail are found in
the CrPC:
Section 436: Deals with bail for bailable offenses.
Section 437: Deals with bail for non-bailable offenses.
Section 438: Relates to anticipatory bail.
Section 439: Covers special provisions for bail by the High Court or
Sessions Court.

4. Conditions for Granting Bail:

For Bailable Offenses: The accused has the right to bail, and the court must
grant it.
For Non-Bailable Offenses: Bail is not a right but is granted at the discretion of
the court. The court considers factors like the seriousness of the offense, the
likelihood of the accused fleeing, and their previous conduct.

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