 Good evening aspirants. Welcome to the endo news analysis for the day 18th February 2021. These are the list of news articles that will be discussed in today's analysis. They are given here along with the page number of different editions. Now let us move on to the first news article. This article discusses about the deteriorating human rights situation that is happening in Sri Lanka. So in this discussion we will see about the background for this violation. The syllabus for this article is highlighted below. You all would have heard about the Sri Lanka civil war that lasted for 26 years about which we will be seeing now. See in Sri Lanka the ethnic, religious and linguistic distinctions are essentially the same and there are three ethnic groups in Sri Lanka namely Sinhalese, Muslim and Tamil and among them Sinhalese account for nearly three fourths that is around 74.9% of the population and the Tamil people in Sri Lanka they comprise of two groups. One is Sri Lankan Tamariz who are the minority people since they constitute only 11.2% of the population and these people that is these Sri Lankan minorities are the long settled descendants from southeastern part of India. Another group of Indian Tamariz are the recent immigrants from southeastern India and most of them are migrant workers who are brought to Sri Lanka under the British rule. Remember Sinhalese they tend to be Buddhist and Tamariz tend to be Hindu which means there are significant linguistic and religious divisions and additionally Sinhalese they dominate in western and central Sri Lanka whereas the Tamariz dominate in the northern and eastern parts of Sri Lanka. Historically there have been a power dispute between these communities or groups and this was further aggravated during the British rule in Sri Lanka. Note the British rule in Sri Lanka lasted until 1948 and the Tamil dominance was witnessed in Sri Lanka during this period but after 1948 this situation changed dramatically and Sinhalese started to gain more power and Sinhalese they passed acts that effectively deprive the rights of Tamars. An example for this would be the Sinhala only act so this act it made Sinhala as the only official language of Sri Lanka and it also created barriers for Tamil people who were trying to access government services and who were seeking public employment. Similar acts were passed that discriminated and marginalised the Sri Lankans Tamil minorities. As a result some Tamars they responded with the idea of Tamil Elam. See this Tamil Elam is the idea of a separate state that was demanded by the Tamars in Sri Lanka and this idea it gave rise to the liberation tigers of Tamil Elam which is also called as LTTE and this LTTE was founded to fight for Tamil rights and this LTTE they became an uncompromising group and they were inspired by Che Guevara and his guerrilla warfare tactics. So this situation led to a conflict between the Sri Lankan government and the LTTE which eventually escalated in a civil war in the year 1983 when JR Jayavardhan was the president of Sri Lanka and this president that is JR Jayavardhan was succeeded by Rana Senge Premadasa and you should note here that amidst the war LTTE they assassinated two world leaders namely Indian Prime Minister Rajiv Gandhi then later Mahindra Rajabaksha he was elected as a president for the period between 2005 to 2015 and this person that is Mahindra Rajabaksha was known for strong stands against the LTTE group. In 2009 the war ended when Sri Lankan government announced that they killed the LTTE leader and it is said that between 70,000 to 80,000 people have been killed in the war. During its final phase brutal violence and human rights violations were carried out by both sides that is both by the Sri Lankan government as well as the LTTE and even the UN notes that there was persistent and grave human rights violations and abuses by both parties and these violations include extra judicial killings widespread enforced disappearances then arbitrary detention then torture and sexual violence that affected the Sri Lankans from all communities. Even after the war came to an end the situation was not found to improve and a large portion of Tamil population still remains displaced and instances of torture and enforced disappearances also continues to exist even now so many of these tortures and abuses happened during Rajabaksha's tenure where the critics of the government were murdered tortured and they were forcibly made to disappear further the prevention of terrorism act of Sri Lanka was continued to be used by the government disproportionately against the members of Tamil community so now we will see has to what did the international community do in order to address the scenario see various UNHRC resolutions were adopted and many of them called for an independent international investigation into alleged war crimes that was committed by both parties and one such landmark resolution was adopted in the year 2015 after a new president that is Maitri Pallar Siri Sena was elected in Sri Lanka this resolution is known as resolution 30 bar 1 and it was co-sponsored by Sri Lanka this resolution it set out detailed steps for Sri Lanka to pursue accountability and reconciliation and also the security sector reform in order to prevent future abuses but unfortunately in the elections of 2019 Gotabaya Rajabaksha was elected as the president see this person Gotabaya Rajabaksha is the brother of Mahindra Rajabaksha February 2020 Sri Lanka withdrew from this resolution 30 bar 1 stating that it will carry out its own inclusive domestically designed and executive reconciliation and accountability process further the human rights situation worsened since Gotabaya became the president and the author notes that abuses against the tamars are increasing and these have been documented by a recent report by the human office of the High Commissioner for Human Rights and as per the report of the High Commissioner for Human Rights the report is highly critical of the continued impunity in Sri Lanka that is that it criticizes that still many are exempted from punishment for conducting war crimes and the report also highlights the backsliding on human rights the increased militarization the intimidation of civil society by government etc for example there is a severe militarization of civilian government functions in Gotabaya's rule where 31 entities including police have been brought under the oversight of the Ministry of Defense and further many serving or former military or intelligence personnel have been appointed to key administrative post see now here the issue is many of these officials have been alleged of war crimes and on crimes against humanity during the final years of the civil war as per the UN reports so this shows that the current Sri Lankan government is completely disregarding its accountability to war crimes so the report calls for the international criminal court to investigate the commission of international crimes during the civil war and as a conclusion the author suggests human HRC to pass a new resolution in order to protect the vulnerable minority communities in Sri Lanka in its upcoming session with this we will move on to discuss the next news article now let us take up this editorial article which was written by a former member of the planning commission here the author talks about the inability of the Indian state to take care of its poorest citizens now let us discuss this article in detail the syllabus relevant for this article is highlighted below first the author tells that the weakness of the Indian state to care for its poorest citizens is not a failure of the present government only or in that case the previous governments but the weakness is a part and parcel of our system itself so now the author talks about the three pillars on which a strong state is founded they are the support from the people a strong administrative missionary to provide stability and to deliver public services and finally the managerial ability to shape and to implement change first let us see how the support of people helps in building a strong state see according to the author strong support of people or citizens is very much essential for the government to be successful now how this support is garnered the author notes that generally this is done with the help of a shared identity here he quotes a famous political scientist who pointed out that builders of strong states have integrated people around a shared entity and the shared entity can be ethnic racial or in terms of religion he further says that people's identity is not formed by legal constitutions but it is the people who give these strong leaders who unite them around their shared identity the liberty to change constitutional structures this is because they are convinced that their leaders do it for the betterment of citizens but here the trouble is that it can lead to dictatorship regimes and another issue is that the shared identity can be built only in a state where less diversity exists for example we have china where there are no much ethnic or religious differences and this helps the leaders in china to rule the people in a dictatorship model by bringing them together under a shared identity and gaining their trust but can the same happen with india the answer is no it's not possible since it is very hard to unite indians around a shared ethnic or religious identity because we are a nation with n number of diversity be it in terms of race religion culture etc and in addition to this there exists a deep rooted caste system which is embedded in our society with entrenched caste divisions so according to the author if indians must be united to support a strong state it should be around a modern and an inclusive idea of india has per the dreams of a constitution instead of trying to force a majoritarian identity which will only divide citizens of india further and it will eventually lead to the weakening of the state second he talks about the stability of bureaucracy in this regard let us see what role the bureaucracy has got to play in helping build a strong state see here the author talks about the role that stable professional civil services have played in the formation of strong states for example in han china the ottoman empire france and japan and in case of india we inherited the high end frame of civil services from britain here this high end frame denotes the stability now what is the problem with this model of bureaucracy see we should know that the term bureaucracy is often used as a prejurative for the structures calling a public employee as a bureaucrat is not usually intended to complement that individual i mean this is often used as a sarcasm here we should know that the colonial bureaucracy which we inherited has created numerous rules and laws that must be followed the problem with this is that this complicates the workloads that people must endure and we often hear the term redtapism for example when you submit a file for clearance it runs through many hands for a long time and then it finally lies on a table with dust accumulated on it and in the meanwhile you will be forced to visit the offices many times and sometimes the employee is even asked for a bribe for your file to be taken now according to the author stability of bureaucracy is required to build a strong state but the issue with this colonial bureaucracy is that it was merely designed to provide stability and compliance with rules and it was not equipped to absorb change which means it is not adaptive of the changes that occur in the society in the course of evolution and according to the author the third requirement of a good developmental state is a flexible and reformat of bureaucracy which can adapt to changes in the society so in this regard simultaneous management of both change and stability is necessary for the evolution of good states and societies here when we tell this it means that both changes and stability should be balanced and as the author says unmanaged change can cause chaos while too little change consolidates or it makes the system more resistive to changes in this regard to substantiate is view on stability versus change for a good governance the author takes the example of capitalism versus socialism and markets versus governments by the end of the 20th century capitalism and markets were positioned in the public imagination as a prime movers of economic growth or the supporters of change and socialists and governments were considered as resistors to change and as retards of progress the capitalist came to be known as wealth creators giving governments just the role of redistributors this led to a popular pro capitalist slogan that wealth must be created before it can be redistributed and this means that there should be less government when countries upward and more freedom for large private capitalistic wealth creators and nowadays we can see that the governments are bringing capitalist and consultants from the private sector to assist them and help the state to run more like a business corporation to improve efficiency and effectiveness of the system but here too there is a problem it is that the capitalistic ideology has a utility maximizing behavior and they do not think like socialists who are concerned about the condition of the people who are waiting for wealth to trickle down to them see the primary goal of private corporations are mostly profit maximization and they don't work with intention to improve the life conditions of the poor whereas the role of the state or the government is to perform primarily for its poorest citizens economic growth to be equitable and sustainable so the author opines that the leaders of states must ensure that all citizens even those who cannot afford it have got good health and education and in this regard what India needs is the public servants who devote their lives to the care of citizens unlike private sector employees who devote their lives to maximize the profits of their employers so the author concludes that India must build a strong and good state which works for the welfare of the citizens and this requires political leaders who can unite all Indians into one India the carers of good public managers to build and run services for all citizens equitably and business leaders were not just wealth creators for themselves but creators of opportunities for millions of Indians to earn and create wealth for themselves too with this information that is move on to the next news article now look at this article this article says that advocate Nikita Jacob who's one of the accused in the toolkit case has been granted a transit anticipatory bail for a period of three weeks so in this context let us discuss in detail about the bail is different types etc the syllabus for this news article is given below now coming to the news article see the right to liberty is a natural right as well as a fundamental right of an individual but when a person is reasonably suspected to have committed an offense then the missionary of law will be set in motion to arrest him and to bring him to trial and also to punish him if he or she is found guilty this concept of bail flows from the right to liberty which is sanctified as one of the fundamental rights in the constitution of India in article 21 so a bail connotes the process of procuring the release of an accused who's charged with certain offence by ensuring his future attendance in the court for trial and by compelling him to remain within the jurisdiction of the court so you should also know that section 436 to 439 of chapter 33 of the court of criminal procedure he deals with various provisions related to bails and bonds another provision which deals with the same concept is section 167 of the court of criminal procedure and it is generally termed as a default bail so while considering the aspect of bail both these provisions are to be studied in the context of each other broadly speaking there are three categories of bail they are bail and bailable offenses bail in non-bailable offenses and anticipatory bail when you look at section 436 of the court of criminal procedure you can find that its provision deals with bail in bailable offenses and under this section bail is a right of a person who has been accused for commission of offence which is bailable in nature this provision makes it a mandatory duty for the police official as well as the court to release the accused on bail if the offense alleged against such a person is bailable in nature see a bailable offence means an offense which is shown as bailable in the first schedule of the court of criminal procedure or any offenses that is mentioned in the first schedule of the court of criminal procedure is considered to be a bailable offense or a bailable offense can be one which is made bailable by any other law for the time being enforced contrary to this non-bailable offense means any other offense other than this bailable offenses under section 437 when a person is accused of or suspected of the commission of any non-bailable offense then the person can be arrested or detained without a warrant and he or she should be brought before a court which is other than a high court or a session court and on bringing he or she may be released on bail but this provision has got some exception that is such person shall not be released under certain grounds say for example if there appear reasonable grounds for believing that he or she has been guilty of an offense which is punishable with death or imprisonment for life then such person will not be released under bail note that section 438 of the criminal procedure court deals with anticipatory bail see this anticipatory bail is nothing but a bail in the event of arrest when any person has a reason to believe that he or she may be arrested of an accusation of having committed a non-bailable offense so in such a case he or she may apply to the high court or sessions court for direction that in the event of arrest he or she shall be released on bail so therefore the set powers are exclusively vested with the court sessions court and high court and for considering the application for anticipatory bail the prerequisite condition is that the offense should be non-bailable and the kind of bail that is mentioned in this news article is a transit anticipatory bail see a transit anticipatory bail is sought when a case against a person has been or is likely to be filed in a state that is different from the one in which he or she is likely to be arrested so therefore the purpose for this anticipatory bail is to allow bail for the person so that they can approach the appropriate court in the state in which the case has been filed for anticipatory bail so with this we have come to the end of this news article let us move on to the next news article the news article mentions that the Securities and Exchange Board of India or SEBI has approved some proposals including for relaxing minimum public offer norms here know that a public offering is the sale of equity shares or other financial instruments such as bonds to the public in order to raise capital so in this context let us have a very brief understanding about SEBI see it was established in 1992 in accordance with the provisions of the Securities and Exchange Board of India Act of 1992 so it is a statutory body and its basic functions are to protect the interest of investors and securities to promote the development of securities market and to regulate the securities market and to deal with matters related to it its functions also include regulating the business and stock exchanges and any other securities markets and registering and regulating the working of stock brokers sub brokers share transfer agents and other intermediaries some of the other functions of SEBI are given here for your reference now let's see about its composition see it consists of a chairman and eight members according to the act and among the members two members are from the officials of the ministry of finance and the ministry of corporate affairs one member is from among the officials of rba see these three members are nominated by rba the remaining five members and the chairman are appointed by the central government now look at this article titled rahul accuses prime minister of destroying the institution of the lieutenant governor's office so we know that former poicherry lieutenant governor kiran baby has got has had frequent issues with the elected government and recently she was removed from that post by the union government so in this context let us discuss the powers of the governor and the lieutenant governor know that articles through 39 to 241 in part eight of the constitution deal with the union territories even though all the union territories belong to one category there is no uniformity when it comes to their administrative system and every union territory is administered by the president who's acting through an administrator appointed by him as we all know the union territories of poicherry and delhi are provided with a legislative assembly and a council of ministers headed by a chief minister but the establishment of such institutions in the union territories does not diminish the supreme control of the president and the parliament over them an administrator of a union territory is an agent of the president and is not the head of a state like a governor and the president can specify the designation of an administrator the designation can be that of a lieutenant governor or a chief commissioner or an administrator know that for poicherry and delhi it is lieutenant governor the president can also appoint the governor of a state as a administrator of an adjoining union territory in that capacity the governor has to act independently of his council of ministers now let us differentiate between a governor and a lieutenant governor know that the powers a governor has in the state they administer is equal to that of the president that is they can appoint chief ministers ministers state election commissioner and the judges of the district court they also serve as chancellors of all the universities in the state and similarly the governor can also dissolve the state assembly if they see the need and if in case the assembly is not in session then the governor can also promulgate ordinances and when you come to the lieutenant governor he also has got the similar powers only three union territories that is the union territory of andaman and nikobar delhi and poicherry have got lieutenant governors and these powers are in place to ensure checks and balances for the state government and its functioning here we shall know an observation made by the supreme court in 2017 which said that the lieutenant governor of delhi to be having more powers when compared to that of the governor of a state this is because he does not have to listen to the advice of the council of ministers and in the case of delhi since portfolios like land police and public order they fall under the domain of the center of which the lieutenant governor is a representative he holds more powers than a governor now let us move on to the prelims practice questions look at this prelims practice questions the union territories are administered by the president through an administrator appointed by him and the administrators of which of the following union territories are designated as lieutenant governors so as seen earlier in the discussion only three union territories that is union territories of andaman and nikobar delhi and poicherry have got the lieutenant governors so when you look into the options you find that andaman and nikobar and poicherry are present so therefore the right answer is option a see as you know union territories are administered by the president acting to a such extent as he thinks fit through an administrator who is appointed by him and the administrators of andaman and nikobar islands delhi and poicherry are designated as lieutenant governors and the governor of panjab is concurrently the administrator of chandigar and the administrator of dadar and agar heveli is concurrently the administrator of daman and dayu and when you look at lakshadvi but it's got a separate administrator so since the question asks us to identify the union territories with the lieutenant governor's right option is option a that is one and two only now look at the question consider the following statements with reference to securities and exchange board of india statement one it is a quasi judicial body statement two it was established under the provisions of the reserve bank of india act of 1934 with an aim to protect the interest of investors in securities now we have to identify the correct statement see first statement is correct as we know that sebi is a quasi judicial authority too it has the authority to deliver judgments related to fraud and other unethical practices in terms of the securities market and this helps to ensure fairness transparency and accountability in the securities market we will take the second statement which is incorrect as it was established in 1992 in accordance with the provisions of the securities and exchange board of india act of 1992 so therefore the right option is option a that is one only let's take up this problem's practice question regarding anticipatory bail which of the following conditions may be imposed by the sessions court while granting the bail to an accused person option one is the persons shall make themselves available for the interrogation by police officer as and when required option two the person shall not directly or indirectly make any inducement to any witness option three the person shall not leave india without previous permission of the court see section 438 clause 2 of the criminal procedure court provides that the high court or the sessions court may also impose some conditions while granting the application and these conditions include that the persons shall make himself available for the interrogation by police officer as and when required and that the person shall not directly or indirectly make any inducement threats or promises to any witness and similarly a person shall not leave india without previous permission of the court and since the question ask for the right option the option is option d that is one two and three the list of mains practice questions is given here you can write your answers and post it in the comment box below with this we have come to the end of this news analysis if you like the video don't forget to like comment and share and do subscribe to shankar eyes academy youtube channel for more updates regarding UPSC civil services preparation