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The Daily Answer Writing Practice
[Question 80, 03 October, 2020][ #History #GS1]

The second world war gave a great stimulus to the process of decolonisation. Discuss. (15 marks, 250 words)

Answer:
The second world war gave a great impetus to the demise of colonial powers. A number of countries like India, Sri Lanka, South East Asian counties like Indonesia, Malaysia and African countries won their independence. A number of factors after the second world war contributed to this process:

• Confidence to fight against the European powers: Japanese success in the early part of the war showed that it was possible for non-Europeans to defeat the European armies. The armies which fought for the Allied powers against the Axis powers in World war had no intention of accepting European rule again and resorted to guerrilla tactics and revolts to gain independence. This was seen in Indo- China, The Dutch East Indies, Malaya and Burma.

• Social and Political awareness: Soldiers who had fought overseas, were appalled at the contrast between the primitive conditions in Africa and their respective colonies. Similarly, leaders who supported Allied powers like Japan gained experience to govern occupied areas. E.g. Dr Sukarno supported Japan against Dutch and governed parts of Indonesia during the war. Later he led the nationalist struggle and became the President of Indonesia.

• Policies of Colonial power after the war: The colonial people were shocked when their demand of independence were rejected by the colonial powers even after full cooperation in the war. Further Atlantic Charter, which called for decolonisation after the war was mis-interpreted as applying only to colonies of Allied powers. This shook the hopes of colonies and gave stimulus to struggle for independence.

• Weakened European states post WWII: WWII led to immense financial and military loss to the colonial powers. They were not in a position to hold on to their empires. Eg British independence to India and later Gold coast.

• External pressure: Post world war, colonial powers became weak and there was constant external pressure to give up the colonies. USA stressed on following Atlantic Charter for decolonisation and wanted its influence over colonies. United Nations, under US influence, came out firmly against imperialism and demanded a step by step programme for decolonisation. This encouraged the nationalist to intensify their campaign against colonisation.

• Enhanced public sentiment: Immense devastation caused by WWII created an anti-war sentiment among the people. Many civil society groups and media believed imperialism as the key cause of war. Therefore, public pressure in home countries and media awareness also encouraged nationalist in colonies to strengthen their struggle for freedom.

Conclusion:
The role of Nationalist leaders and the long-fought struggle for decolonisation cannot be undermined. However, the conditions created after the war definitely provided confidence to the colonies and provided stimulus to the decolonisation campaign.


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The Daily Answer Writing Practice
[Question 81, 04 October, 2020]


Dear Students,
Please find below today’s question for Daily Answer Writing Practice


While the National Green Tribunal (NGT) has emerged as an important player in Indian environmental regulation, it has also been subject of criticism for overreach into the domains of constitutional courts and the executive. Critically analyse. (15 marks, 250 words)

#polity #governance #GS2

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The Daily Answer Writing Practice
[Question 81, 04 October, 2020]


Dear Students,
Please find below today’s answer for Daily Answer Writing Practice


While the National Green Tribunal (NGT) has emerged as an important player in Indian environmental regulation, it has also been subject of criticism for overreach into the domains of constitutional courts and the executive. Critically analyse. (15 marks, 250 words)

In the pursuit of economic development, the impact on environment was being ignored. With activists moving the courts, the Supreme Court in a series of judgements highlighted the need to set up special environmental courts as these cases raised issues which required technical knowledge and expertise, speedy disposal, and continuous monitoring.
The NGT:
The National Green Tribunal Act, 2010 provided for the establishment of the National Green Tribunal (NGT) as a quasi-judicial body for the effective and expeditious disposal of cases relating to environmental protection. The Tribunal has original and appellate jurisdiction with regard to the implementation of seven environmental laws.
Since its formation, NGT has played an important role in environment regulation, as seen in cases related to Yamuna conservation zone, cancellation of coal block in Chhattisgarh forest etc. However, in its zeal to handle all things related to environment, the NGT has been accused of overeaching into the domain of the executive and the judiciary.
Overreach in judicial domain:
• The power of suomotu - NGT has taken up cases on its own motion (suo motu) like Rohtang Pass issue etc. However, Madras High Court said that it has no suo motu powers like those of higher judiciary.
• Conflict with High Courts: Conflicts are brewing between NGT and High Courts over jurisdiction for appeals. As per the NGT Act, appeals from NGT can only go to the Supreme Court, thus by-passing the high courts. But the Madras High Court said that appeals of tribunals must go to the High Courts first.
• Judicial review - NGT had given itself the power to review parent statute also. However, the SC rejected it and held that such Tribunals, being creatures of a statute, are not entitled to entertain the vires of their parent statutes.
Overreach in executive domain:
NGT has often ventured into the policy domain of the executive resulting in conflicts with government and appeals in the Supreme Court.
Examples:
• NGT had declared a "silence zone" in the Amarnath cave shrine. The order was set aside by the Supreme Court.
• NGT directed ten State Governments regarding appointments of Chairmen to the SPCBs and laid down guidelines. The SC had set aside the order noting that NGT had exceeded its jurisdiction.
There are numerous appeals against NGT orders by the Central and State governments accusing it of exceeding its jurisdiction.

Tribunals are created for specific purposes, and its parent statute leaves enough ambiguity for it to overreach, and government could explore amending it to clarify its jurisdiction. There also needs to be fresh debate on Subramiam committee's recommendation to set up special district-level courts to deal with infringement of environmental laws and an administrative tribunal (not a judicial one) to review clearances.


#polity #governance #GS2

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The Daily Answer Writing Practice
[Question 82, 05 October, 2020]


Dear Students,
Please find below today’s question for Daily Answer Writing Practice

“An ethical law can be universal if everybody wishes to follow it equally.” Elucidate the statement with suitable examples in the light of Kant’s categorical imperative.
(150 Words, 10 marks)

#Ethics #GS4

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The Daily Answer Writing Practice
[Question 82, 05 October, 2020]


Dear Students,
Please find below today’s answer for Daily Answer Writing Practice

“An ethical law can be universal if everybody wishes to follow it equally.” Elucidate the statement with suitable examples in the light of Kant’s categorical imperative.
(150 Words, 10 marks)

Ethical Law is a set of principles, values and virtues accepted by the society or community at large. It instructs and controls individual behaviour and aims to achieve common good.
There are certain practices which claim to be ethical but are not universal. There are three dimensions of universal consistency – space, time and situation/conditionality.
• For example, practices like sati were considered ethical conduct for the woman in the past whereas today they are considered atrocious. Similarly, caste system was an accepted social norm in the past and inter-dining and inter-marriage were considered unethical whereas today following such restrictions are considered unethical.
• Similarly, in some communities like Inuit, senicide (killing of elders) is an ethical practice while in rest of the world any killing considered unethical.
• The third dimension of situation/condition can be illustrated with the help of legal killing – a soldier kills the enemy combatant or there is a capital punishment for certain gruesome crimes or a person kills in self defence. Even though killing is not at all ethical, certain conditions make it palatable somehow.
On the other hand, there are examples where some conducts have always been considered ethical irrespective of the time, space as well as situation. For example, stealing has always been considered unethical by all people all the time. The same goes for lying wherein honesty has always been the ethical law. Therefore, these ethical laws are truly universal in nature.
According to Kant’s concept of Categorical Imperative, ethical moral conduct flows from the ability of a human being to Reason. It is categorical because it’s absolute, independent of individual and it is imperative because is the ultimate commandment of the Reason. This Reason is not a commonplace cause-effect reason, but the rationality that every human possesses by virtue of being human. It is intrinsic and not borrowed. As per Kant, it is reasonable to conclude that a human being will treat others the way she wants others to treat her. And this imperative is accepted by all equally; hence it is universal in nature. If it has to the ethical law, it has to universal because it flows from the human reason.


#Ethics #GS4

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