Note4Students
From UPSC perspective, the following things are important :
Prelims level: Artile 361
Mains level: What are the provisions related to the Governor in the Indian Constitution?
Why in the news?
Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.
What is Artical 361?
Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties
The provision also has two crucial sub-clauses:
(1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.
(2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
When can act against the Governor?
- Ceases to be in office: The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or he no longer enjoys the confidence of the President.”
Examples related to immunity of Governor
- Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”
- In 2017, criminal conspiracy in the 1992 demolition of the Babri Masjid case: The trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.
What are the provisions related to the Governor in the Indian Constitution?
- Appointment: The Governor is appointed by the President of India and holds office during the pleasure of the President (Article 155).
- Qualifications: The Governor must be a citizen of India, must be at least 35 years old, and must not hold any office of profit (Article 157).
- Powers and Functions: The Governor is the constitutional head of a state and performs various functions including:
- Executive Functions: The Governor appoints the Chief Minister and other Council of Ministers, and allocates portfolios among them (Article 164).
- Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
- Financial Functions: The Governor causes to be laid before the State Legislature the Annual Financial Statement (budget) and has powers related to money bills (Article 202).
- Discretionary Powers: The Governor has discretionary powers in certain matters, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).
- Relation with the Union: The Governor is appointed by the President and acts as a link between the state and the Union. He/she can send reports to the President regarding the administration of the state (Article 356).
- Oath or Affirmation: Before entering office, the Governor must take an oath or affirmation according to the form set out in the Third Schedule of the Constitution (Article 159).
Conclusion:
Article 361 of the Indian Constitution provides immunity to the President and Governors from court proceedings and arrest during their term. Police action against a Governor can only occur after they cease office.
Mains PYQ
Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SDGs
Mains level: Why the world is not on track to achieve most SDGs by 2030?
Why in the news?
2024 is an election year across the world and newly elected governments need to focus on the all-important sustainability issue.
Why 2024 year is important?
The year 2024 is an election year across the world. At least 64 countries, both developed and developing, accounting for 49% of world population, will go to the polls.
Reason behind the Slow progress
- Impact of Global Crises: The outbreak of the COVID-19 pandemic and other global crises virtually halted progress towards the SDGs. These crises have diverted attention and resources away from sustainable development efforts.
- Neglect of Environmental Goals: There has been little to no attention towards goals related to the environment and biodiversity, including responsible consumption and production, climate action, life below water, and life on land.
- Defiance of Integrated Nature of SDGs: The current practice of pursuing SDGs is criticized for defying the integrated and indivisible nature of the goals. This lack of integration hampers efforts to achieve sustainable development outcomes comprehensively.
- Risk of Environmental Degradation: The slow progress and neglect of environmental goals pose a significant risk of accelerated environmental degradation. This threatens the overarching target of balancing human well-being and a healthy environment.
Why the world is not on track to achieve most SDGs by 2030?
- Insufficient Progress: Despite reaffirmations of commitment by world leaders, progress towards achieving the SDGs remains slow. The world is only on track to meet 15% of the 169 targets that comprise the 17 goals.
- Investment Gap: There is a significant gap in investment for SDGs, particularly in developing countries. The estimated investment gap exceeds $4 trillion, with nearly $2 trillion needed for the energy transition alone.
- Lack of Synergistic Action: There is a lack of synergistic action in addressing SDGs, despite the integrated nature of the goals. Few studies and empirical evidence exist on the synergies and trade-offs among SDGs, hindering progress.
- Barriers to Synergies: Various barriers, including knowledge gaps, political and institutional barriers, and economic issues, impede synergistic action.Inadequate data collection, and an inability to attribute co-benefits to specific actions hinder progress.
- Misaligned Policies: Policies may be misaligned, leading to barriers for meeting greater targets. For example, ambitious renewable energy targets may not align with smaller-scale of steps taken to achieve SDG goal.
- Limited Understanding of Cost Estimation: Exploiting resources without considering climate change impacts and synergistic opportunities can be detrimental to national and global efforts.
Way forward
- Call for Action: There is a call for action to strengthen the environment for synergistic action, transparently identify opportunities and limits to synergies, and develop reporting frameworks to assess the value created from specific SDG interventions.
- Urgent Action Areas Identified: The UN SDG Report, 2023 identified five key areas for urgent action, including commitments of governments, concrete policies to eradicate poverty and reduce inequality, strengthening of national and subnational capacity, recommitment of the international community, and strengthening of the UN development system.
- Global Reaffirmation and Commitment: World leaders acknowledged the situation and reaffirmed their commitments to delivering the SDGs by 2030. However, the effectiveness of these global pronouncements at the ground level remains uncertain.
Mains PYQ
Q National Education Policy 2020 isin conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. (2020)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Diplomatic Passport
Mains level: Operational Visa Exemption Agreements
Why in the news?
After allegations of sexual abuse by Janata Dal (Secular) MP Prajwal Revanna came to light, the politician fled to Germany on a Diplomatic Passport.
What is a Diplomatic Passport?
- The normal passports, which have dark blue covers and are valid for 10 years (for adults) while the diplomatic passports have maroon covers, and are valid for five years or less.
- Holders of such passports are entitled to certain privileges and immunities as per international law, including immunity from arrest, detention, and certain legal proceedings in the host country.
Who can get a Diplomatic Passport?
- Diplomatic Status: Individuals with diplomatic status, such as diplomats representing the country abroad, are eligible for diplomatic passports.
- Government-Appointed Officials: Government-appointed individuals travelling abroad for official business can receive diplomatic passports.
- Officers of Indian Foreign Service (IFS): Officers working under branches A and B of the Indian Foreign Service (IFS), typically at the rank of Joint Secretary and above, are entitled to diplomatic passports.
- Relatives of IFS and MEA Officers: Relatives and immediate family members of officers employed in the Indian Foreign Service (IFS) and Ministry of External Affairs (MEA) are eligible for diplomatic passports.
- Authorized Individuals for Official Travel: Select individuals authorized to undertake official travel on behalf of the government, such as union ministers and Members of Parliament (MPs), may receive diplomatic passports. The validity of these passports is concurrent with the term of the MP.
Surrender of Diplomatic Passport by MPs:
- Individuals who are disqualified from their positions, such as MPs, are required to surrender their diplomatic passports. For example, Congress leader Rahul Gandhi surrendered his diplomatic passport after being disqualified as an MP.
Why did Prajwal Revanna not need a visa to travel to Germany?
- Operational Visa Exemption Agreements: India has operational visa exemption agreements with certain countries, including Germany, for holders of diplomatic passports. These agreements allow diplomatic passport holders to travel to these countries without requiring a visa, provided their stay does not exceed 90 days.
- Reciprocal Deal with Germany: A reciprocal deal signed in 2011 between India and Germany exempts holders of Indian diplomatic passports from obtaining a visa for travel to Germany.
- India has similar agreements with other countries, such as France, Austria, Afghanistan, Czech Republic, Italy, Greece, Iran, and Switzerland, where diplomatic passport holders are exempted from visa requirements.
- Operational Visa Exemption for Other Passport Holders: India also has agreements with 99 other countries where not only diplomatic passport holders but also those holding service and official passports can avail of operational visa exemption for stays up to 90 days.
- Countries in this list include Bahrain, Brazil, Egypt, Hong Kong, Oman, Singapore, and the United Arab Emirates.
- Despite not needing a visa, Prajwal Revanna should have applied for prior political clearance for his private visit to Germany. Members using a diplomatic passport are required to apply for political clearance directly to the Ministry of External Affairs (MEA) before proceeding abroad.
Who can revoke a Diplomatic Passport?
- Court Order Requirement: The government can revoke a diplomatic passport only after a court order to that effect. The relevant provisions of the Passport Act 1967 stipulate that revocation of a diplomatic passport may occur upon orders from a court during proceedings concerning an offence allegedly carried out by the passport holder before a criminal court.
- Passport Authority’s Discretion: The Passport Act empowers the passport authority to impound or revoke a passport under various circumstances. These include instances where the holder is in wrongful possession of the passport or obtained it by suppressing material information or in the interests of India’s sovereignty and integrity or friendly relations with foreign countries.
- Conviction by Indian Court: A diplomatic passport can be revoked if the holder has been convicted by a court in India and sentenced to imprisonment for not less than two years.
What is the Henley Passport Index?
- The Henley Passport Index is a renowned ranking system that assesses the strength of passports based on the number of destinations their holders can access without a prior visa.
- It utilizes data from the International Air Transport Association (IATA) and is enhanced by Henley & Partners’ research team.
- In the latest 2024 ranking, India’s rank has slipped one place to 85th, despite the number of visa-free destinations increasing to 62 countries
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Way forward
- Enhanced Oversight and Accountability: Implement stricter oversight mechanisms to monitor the issuance and use of diplomatic passports. Regular audits and reviews can help identify any discrepancies or misuse.
- Strict Enforcement of Surrender Rules: Enforce existing rules mandating the surrender of diplomatic passports by individuals who are disqualified from their positions, such as Members of Parliament.
Mains PYQ
Q Analyse the circumstances that led to the Tashkent Agreement in 1966. Discuss the highlights of the agreement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: DV Act 2005 and its key provisions
Mains level: NA
Why in the news?
- A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
- The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.
Domestic Violence Law: An Overview
- The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
- Key Features of the DV Act:
|
Details |
| Background |
Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code). |
| Definitions of Violence |
- Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
- Even a single act of harm or injury qualifies as domestic violence.
|
| Beneficiaries |
- Any woman in a domestic relationship (Section 2).
- Children can also file complaints, and any person can file on their behalf (Section 2).
|
| Respondents |
- Adult male members in domestic relationships (Section 2).
- Relatives of the husband or male partner can also be respondents (Section 2).
|
| Rights to Residence |
Women cannot be denied access to resources during legal proceedings (Section 17). |
| Other Rights |
- Access to police, shelter, medical aid, and legal assistance.
- Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
|
| Remedial Measures |
- Victims entitled to medical facilities, counseling, and shelter (Section 12).
- Both parties may receive counseling as directed by the court (Section 14).
- Respondents required to provide compensation for losses incurred by the victim (Section 20).
- Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
|
| Protection Officers |
Appointment of officers in each district, preferably women, with necessary qualifications (Section 8). |
| Fixed Timeline |
All complaints must be heard and disposed of within 60 days (Section 12). |
PYQ:
[2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Garo Hills
Mains level: NA
Why in the news?
- Geological Survey of India (GSI) explorers have made a breakthrough, uncovering ancient fossils in Tolegre, South Garo Hills of Meghalaya.
- It is speculated that the fossils could be linked to the genera Rhodocetus or Amulocetus (now extinct), considered ancestors of modern whales.
About Garo Hills
- The Garo Hills, located in Meghalaya, are part of the Garo-Khasi range, one of the hill ranges in the northeastern region of India.
- They are situated in the western part of Meghalaya, bordering Bangladesh to the south and west.
- The terrain of the Garo Hills is rugged and hilly, characterized by dense forests, steep slopes, and deep valleys.
- The Nokrek is highest Peak, which stands at approximately 1,415 meters (4,642 feet) above sea level.
- The climate in the Garo Hills is typically humid subtropical, with heavy rainfall during the monsoon season, which usually lasts from June to September.
- Numerous rivers and streams, including the Brahmaputra, Someshwari, and Jinjiram rivers crisscross this region.
- The region is also known for its picturesque waterfalls, such as the Pelga Falls, located near Tura, the largest town in the Garo Hills.
- The Nokrek National Park, located within, is recognized as a UNESCO Biosphere Reserve and is home to various endangered species, including the Asian elephant and the red panda.
- The Garo Hills are inhabited predominantly by the Garo tribe, one of the major ethnic groups in Meghalaya.
PYQ:
[2013] Consider the following pairs:
1. Nokrek Bio-Sphere Reserve : Garo Hills
2. Logtak (Loktak) Lake : Barail Range
3. Namdapha National Park: Daphla Hills
Which of the above pairs is/are correctly matched?
(a) 1 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) None |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NCART
Mains level: NA
Why in the news?
The Centre is contemplating the establishment of the National Council for Agriculture and Rural Transformation (NCART), envisioned as a federal body to formulate policies and programs for the agricultural sector.
What is NCART?
- The NCART is a proposed federal body aimed at coordinating and driving actions in the agriculture sector in India.
- It would have representation of both the Centre and States.
- The idea for NCART has been proposed by the Ministry of Agriculture and Farmers’ Welfare as part of its 100-day action plan for the new government.
- It draws inspiration from the Goods and Services Tax (GST) Council.
Terms of Reference of NCART:
- Policy Formulation: NCART is envisioned as an overarching federal body responsible for devising policies and programs to promote agricultural and rural development.
- Coordination: One of the key objectives of NCART is to ensure coordinated actions across various stakeholders involved in the agriculture sector, including the central government, state governments, and other relevant entities.
- Consultative Body: NCART is expected to include representation from both the central and state governments, similar to the Goods and Services Tax (GST) Council, to ensure a consultative approach in decision-making.
- Legal Status: While the GST Council is a constitutional body, the exact status of NCART is yet to be finalized.
India’s Agriculture Expenses:
- Despite agriculture being a state subject, the Centre has significantly increased budgetary allocations for the Agriculture Ministry.
- Budgetary allocation for the Ministry of Agriculture and Farmers’ Welfare surged from Rs. 27,662.67 crore in 2013-14 to Rs. 1,25,035.79 crore in 2023-24 BE.
|
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Hopen Island, Barents Sea.
Mains level: NA
Why in the news?
Researchers disclosed that one of Norway’s Hopen Island in the Svalbard Archipelago witnessed its first walrus death due to Bird Flu (H5N1).
About Hopen Island in the Svalbard Archipelago
- Hopen Island is situated in the southern part of the Svalbard Archipelago, between the Barents Sea and the Greenland Sea.
- The island covers an area of about 47 square km, making it one of the smaller islands in the Svalbard group.
- The landscape mainly consists of low-lying tundra, rocky outcrops, and coastal cliffs.
- Like the rest of Svalbard, Hopen Island experiences a harsh Arctic climate. Winters are long, dark, and extremely cold, while summers are short and cool.
- It serves as an important breeding ground for seabirds such as guillemots, puffins, and kittiwakes. Polar bears are also occasionally spotted on the island, along with walruses, seals, and Arctic foxes.
- It is uninhabited and largely inaccessible to humans due to its remote location and extreme weather conditions.
- Historically, Hopen Island has been of strategic importance due to its location between the Barents Sea and the Greenland Sea.
H5N1 Bird Flu: Details
- H5N1 originated from a virus outbreak on a goose farm in China in 1996 and has since evolved into a highly pathogenic strain.
- The virus quickly spread from Europe to Africa, Asia, North America, and South America, and most recently, it reached mainland Antarctica.
- H5N1 is a subtype of the influenza A virus that causes severe respiratory disease in birds, known as avian influenza or “bird flu”.
- Influenza A viruses are classified by subtypes based on the properties of their surface proteins, with H5N1 being one subtype.
How widespread is it?
- The virus has affected birds in over 80 countries, resulting in mass culling of poultry and wild birds.
- Furthermore, it has now begun infecting mammals, including seals, sea lions, and marine mammals.
- While humans rarely contract bird flu, those at risk are typically individuals who have extensive contact with infected birds at poultry farms.
- Bird flu first broke out in Maharashtra in 2006.
- The H5N1 virus led to the culling of millions of poultry so as to contain the virus. But it has resurfaced from time to time.
|
PYQ:
[2014] Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’?
(a) Andaman and Nicobar
(b) Nicobar and Sumatra
(c) Maldives and Lakshadweep
(d) Sumatra and Java |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ethylene Oxide (ETO)
Mains level: Health concerns related to ETO
Why in the News?
Many have announced an investigation into possible contamination of spice mixes sold by top Indian brands like MDH and Everest Masalas.
- Delhi-based think tank Global Trade Research Initiative (GTRI) in a recent note held, “With nearly $700 million worth of exports to critical markets at stake.”
What is Ethylene Oxide (ETO)?
- Ethylene oxide is a flammable, colorless gas at temperature above 51.3 F (10.7 C). When used directly in the gaseous form or in non-explosive gaseous mixtures with nitrogen or carbon dioxide, ETO serves as a disinfectant, fumigant, sterilizing agent, and insecticide.
- ETO has also been reported to be produced from natural sources. In certain plants, ethylene (a natural plant growth regulator) is degraded to ethylene oxide. ETO ia also generated from water – logged soil, manure and sewage sludge.
|
What are the health concerns?
- ETO Usage and Contamination: ETO is a prohibited pesticide that is used as a sterilizing agent in the food industry, including spices.
- Toxicity and Carcinogenicity: Residues of ETO can lead to the formation of toxic and carcinogenic compounds, such as ethylene glycol. Long-term exposure to ethylene oxide is associated with various health risks, including cancers like lymphoma and leukemia.
|
- Previous Incidents: Indian-made products, including cough syrups, have been linked to incidents where ethylene glycol contamination resulted in fatalities, particularly among children in countries like Cameroon, Gambia, Indonesia, and Uzbekistan.
- Regulatory Response: The European Food Safety Authority (EFSA) has banned the use of ETO and has flagged contamination issues in Indian spices in the past. A recent EFSA report highlighted carcinogenic chemicals found in numerous products linked to India.
Which countries have flagged safety of Indian spices?
- Hong Kong: Suspended the sale of three MDH spice blends and Everest fish curry masala due to high levels of ethylene oxide (ETO).
- Singapore: Ordered a recall of Everest spice mix, stating that ethylene oxide makes the spices unfit for human consumption and poses a cancer risk.
- United States: The FDA is aware of the reports and is gathering additional information about the situation.
- Maldives: The Maldives FDA has suspended the sale of spices produced by Everest and MDH.
- Australia: Food Standards of Australia and New Zealand is working with international counterparts to understand the issue and determine if further action is required.
- Bangladesh: Gathering information on companies importing possibly contaminated products and plans to carry out examinations if necessary.
What are the operational challenges faced by the Indian government?
- Lack of Standardized Protocol System: India’s diverse food landscape, the lack of standardised monitoring and intentional food fraud may prevent manufacturers from efficiently tracing ingredients and assessing potential risks.
- Lack of Database: Many companies struggle to trace ingredients, especially raw agricultural commodities, due to the lack of standardised recordkeeping and intentional food fraud. This prevents manufacturers from assessing potential risks, compromising the safety of the entire food supply chain.
- Traceability is particularly challenging for small and medium sized businesses with limited resources.
What steps is Food and Drug Administration (FDA) taking to improve the safety of spices?
- Food Safety Modernization Act (FSMA): The FSMA rules address both domestically produced and imported foods.
- For example, the preventive controls rule requires food facilities, including those that manufacture spices, to conduct a hazard analysis, identify hazards reasonably likely to occur, and establish preventive controls for such hazards.
- Spices Board and its Measures: The Spices Board announced mandatory testing of consignments shipped to Singapore and Hong Kong, and gathering technical details and analytical reports from relevant food and drug agencies.
- Issuance of Guidelines: A circular dated April 30 contains guidelines to exporters on preventing ETO contamination, developed after discussions with the Indian spice industry.
- Measures include voluntary testing of ETO during raw and final stages, storing ETO treated products separately, and incorporating critical control points in hazard analysis.
Way forward:
- Enhanced Regulatory Oversight: Strengthen regulatory bodies such as the Food Safety and Standards Authority of India (FSSAI) to ensure strict adherence to food safety standards and regulations. Implement regular inspections, audits, and enforcement actions to monitor compliance with safety guidelines.
- Improved Traceability Systems: Develop and implement robust traceability systems across the food supply chain to track the origin and movement of ingredients and products. Utilize technology such as blockchain and RFID tagging to enhance transparency and accountability.
Mains question for practice
Q Explain the health risks associated with ethylene oxide (ETO) contamination in spices.
Mains PYQ
Q Elaborate the policy taken by the Government of India to meet the challenges of the food processing sector. (UPSC IAS/2019)
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From UPSC perspective, the following things are important :
Prelims level: P versus NP Problem
Mains level: Application of Science and Technology for Healthcare;
Why in the News?
Indian Health Care system faces a new set of complex problems that seem to be harder to solve because of their inherent complexity and the constraints they threaten to impose on resources.
Quick Problems versus Complex Problems in Health Care:
- Healthcare is filled with complex problems. Consider scheduling in a hospital: assigning doctors and nurses to shifts, booking operating theatres for surgeries, and organizing patient appointments.
- It is an intricate puzzle that requires considering various factors — staff availability, urgency of medical cases, etc. — and potential changes such as emergency cases and cancellations.
- The Quick Problems vs Complex Problems in Health Care question is this: there can be a shortcut to solve ‘Complex Problems’ problems as quickly as ‘Quick Problems’ problems.
- The implication is that if Quick Problems equals Complex Problems, we could quickly find the optimal solution to these scheduling problems, thus significantly improving patient care.
Implications for the Healthcare System:
- Impact on Antibiotic Resistance: Quick analysis of bacterial genomes and prediction of resistance patterns could lead to more effective antibiotic prescriptions, improving patient outcomes and combating antibiotic resistance.
- Advancement in Cancer Treatment: Swift identification of the optimal treatment for individual cancer patients could save lives by effectively tackling the complexity of cancer mutations and treatment options.
- Optimization of Insurance Decision-Making: Insurance companies grappling with ‘NP’ problems in determining premiums and packages could benefit from a shortcut provided by solving the P versus NP problem. This could lead to fairer and more accurate premiums and conditions for customers.
- Better utilization of Government health sector funding: Efficiently solving complex problems could lead to better utilization of government spending on healthcare, minimizing leakage and contributing to achieving universal health coverage.
- Resource Constraint Reduction and Improved Health Outcomes: By solving complex healthcare problems more efficiently, there is the potential to dramatically reduce resource constraints and improve health outcomes broadly.
Way Forward: Governments can enact policies and regulations that promote the responsible use of technology in healthcare and incentivize the adoption of evidence-based practices. This includes establishing standards for data privacy and security, fostering transparency in algorithmic decision-making, and ensuring equitable access to healthcare services.
Mains PYQ
Q Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Significance of recognizing menstrual leave as a fundamental right for women
Why in the news?
The DMK’s 2024 election manifesto in Tamil Nadu pledges to advocate for a law mandating menstrual leave for women, promoting gender equality and women’s welfare.
Tracking Regional Progress:
-
-
- The Kerala Sahitya Academy published work, Kerala in 19th Century, mentions that Kerala was the first (in the Cochin State) to recognize the need for “ period leave” for students and allowed it during examinations in 1912.
- Kerala, in January 2023, introduced menstrual and maternity leave to all students above the age of 18.
- Bihar, in 1992, allowed government employees two-day menstrual leave.
-
- Japan introduced menstrual leave in 1947, Indonesia in 1948, and South Korea. Taiwan and Vietnam have also implemented paid leave. But concerning the Asian countries, the progress made by the western world, except in Sweden and Spain, is still abysmal.
Global Scenario:
- International Labour Organisation report, in 2003, asked nations to recognise menstrual leave.
- The World Health Organization recognised a non-governmental organisation driven World Menstrual Hygiene Day on May 28 from 2014.
- India’s new code on Social Security, 2020, passed by Parliament, which consolidated existing labour laws (yet to be notified), has not included the aspect of menstrual leave in its code.
Evidence related to impact:
Women laborers in the sugarcane fields of Maharashtra and agricultural laborers in Telangana have been documented to have hysterectomies as menstrual-related absences could endanger their livelihoods. |
Legal Initiatives in India:
- Bill in Tamil Nadu: In December 2021, S. Jothimani, Congress Member of Parliament (MP) from Tamil Nadu, had introduced a Private Member Bill named, ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’, which sought to bring menstrual leave into the ambit of the rights of a woman.
- Bill in Arunachal Pradesh: Congress MP from Arunachal Pradesh, introduced a private member Bill on menstrual leave in 2017 (the Menstruation Benefit Bill, 2017).
- Bill in Kerala: Shashi Tharoor, Congress MP from Kerala, introducing a similar Bill named The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018.
- The Supreme Court of India, early in 2023, refused to entertain a public interest litigation in Shailendra Mani Tripathi vs Union of India which sought direction to the state on menstrual leave; it thought that it is in the policy domain of the government.
Way Forward:
- Legislation and Policy Implementation: Advocate for the passage of bills at both the state and national levels that mandate menstrual leave for women. Additionally, ensure effective implementation and enforcement of these policies to guarantee that women can avail themselves of their entitled leave without fear of discrimination or repercussions.
- Awareness and Education: Launch comprehensive awareness campaigns to remove shame of menstruation and promote understanding of its biological, social, and cultural aspects.
Mains PYQ
Q Women empowerment in India needs gender budgeting. What are requirements and status of gender budgeting in the Indian context?
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From UPSC perspective, the following things are important :
Prelims level: Antarctica Region
Mains level: NA
Why in the news?
The Antarctic Treaty has sparked debates among policymakers, scientists, and the public, as they weigh the balance between environmental conservation, economic interests, and geopolitical concerns in Antarctica.
About Antarctica
-
- Antarctica is the fifth-largest continent, covering an area of approximately 14 million square km.
- It is situated entirely within the Antarctic Circle, with its geographic center near the South Pole.
- It is the coldest, driest, and windiest continent on Earth.
- The interior of Antarctica is a polar desert, receiving very little precipitation, mostly in the form of snow.
- The Antarctic Ice Sheet is the largest single mass of ice on Earth, containing approximately 70% of the world’s freshwater.
Geographical Features:
|
Description |
| Mountains |
- The continent is home to several mountain ranges, including the Transantarctic Mountains.
- Vinson Massif is the highest peak at 4,892 meters (16,050 feet) above sea level.
|
| Ice Shelves |
Large floating ice shelves extend along the coast, formed by glaciers flowing from the interior, crucial for stabilizing the Antarctic ice sheet. |
| Glaciers |
Numerous glaciers flow from the high interior to the coast, including Pine Island Glacier and Thwaites Glacier, among the largest and fastest-moving in the world. |
| Icebergs |
- Glaciers calve off large chunks of ice, forming icebergs of various sizes.
- Antarctic Iceberg A-68, which broke off from the Larsen C Ice Shelf in 2017, was one of the largest recorded.
|
| Plateaus |
Much of Antarctica’s interior consists of high, flat plateaus covered by ice, reaching elevations over 4,000 meters (13,000 feet) above sea level. |
| Ice-Free Areas |
Despite being predominantly ice-covered, some ice-free areas exist along the coastlines and in the Antarctic Peninsula region, supporting limited vegetation and wildlife. |
Territorial Claims on Antarctica:
The countries with territorial claims in Antarctica are:
- Argentina: Claims a sector of Antarctica known as Argentine Antarctica.
- Australia: Claims the Australian Antarctic Territory.
- Chile: Claims a sector of Antarctica known as Chilean Antarctic Territory.
- France: Claims a sector of Antarctica known as Adélie Land.
- New Zealand: Claims the Ross Dependency.
- Norway: Claims a sector of Antarctica known as Queen Maud Land.
- United Kingdom: Claims a sector of Antarctica known as the British Antarctic Territory.
- United States: Claims a sector of Antarctica known as the Marie Byrd Land.
India’s Antarctic Outreach
- Initiated in 1981, India’s Antarctic Program, managed by National Centre for Polar and Ocean Research, encompasses multi-disciplinary research expeditions.
- With the establishment of research bases like Dakshin Gangotri (1983) (now decommissioned), Maitri (1989), and Bharati (2012), India contributes significantly to Antarctic exploration.
- Notably, India’s presence in Antarctica includes a Post Office established in 1984, facilitating communication and research logistics.
PYQ:
[2011] The formation of ozone hole in the Antarctic region has been a cause of concern. What could be the reason for the formation of this hole?
(a) Presence of prominent tropospheric turbulence; and inflow of chlorofluorocarbons
(b) Presence of prominent polar front and stratospheric’: Clouds; and inflow of chlorofluorocarbons
(c) Absence of polar front and stratospheric clouds; and inflow of methane and chlorofluorocarbons
(d) Increased temperature at polar region due to global warming. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NADA and its Functions, Therapeutic Use Exemptions, WADA
Mains level: NA
Why in the news?
- The National Anti-Doping Agency (NADA), India, recently concluded its #PlayTrue Campaign, commemorating WADA’s Play True Day.
- The campaign aimed to raise awareness about clean sport and anti-doping practices across India.
National Anti-Doping Agency (NADA):
- Established in November 2005 by the Government of India with the objective of ensuring dope-free sports.
- Formed as a registered society under the Societies Registration Act of 1860.
- Functions as an autonomous body under the Ministry of Youth Affairs and Sports.
- It follows the World Anti-Doping Code (WADC) and the Prohibited List published annually by the World Anti-Doping Agency (WADA).
- Primary functions include:
- Conducting In-Competition and Out-of-Competition dope testing of athletes across various sports disciplines.
- Educating athletes, coaches, and support personnel about the dangers of doping and the importance of clean sports through awareness programs and workshops.
- Implementing a robust anti-doping policy framework in line with international standards.
- Investigating and prosecuting anti-doping rule violations in accordance with the WADA Code.
- Collaborating with international anti-doping organizations and agencies to ensure harmonization of anti-doping efforts globally.
- Providing support and guidance to National Sports Federations (NSFs), State Sports Associations (SSAs), and other stakeholders to develop and implement effective anti-doping measures.
Key Function: Dope Testing
- NADA conducts both in-competition and out-of-competition dope testing of athletes participating in various national and international sports events.
- NADA employs trained Doping Control Officers (DCOs) who are responsible for conducting dope testing at sports events and collecting samples from athletes.
- These officers are trained to adhere to international standards and protocols during sample collection.
- NADA works towards ensuring compliance with the WADA Code and the National Anti-Doping Rules by all stakeholders involved in Indian sports, including athletes, coaches, NSFs, and SSAs.
Allowed Substances and Methods:
- Therapeutic Use Exemptions (TUEs): Athletes can apply for TUEs to use otherwise prohibited substances for legitimate medical reasons. TUEs are granted based on the assessment of medical documentation by anti-doping authorities.
- Specified Substances: Some substances, such as certain beta-2 agonists and glucocorticoids, are permitted in specific dosages or routes of administration and may require a TUE depending on the circumstances.
- PROHIBITED: Prohibited substances and methods include anabolic agents, peptide hormones, beta-2 agonists, hormone and metabolic modulators, diuretics, stimulants, narcotics, cannabinoids, glucocorticoids, beta blockers, blood doping, and gene doping.
Back2Basics: World Anti-Doping Agency (WADA)
- WADA was established in 1999 and is headquartered in Montreal, Canada.
- It was set up as a foundation under the International Olympic Committee (IOC).
- It was formed pursuant to the terms of the Lausanne Declaration (1999), which provided for the creation of an independent international anti-doping
- WADA is responsible for the World Anti-Doping Code, adopted by more than 650 sports organizations, including international sports federations, national anti-doping organizations, the IOC, and the International Paralympic Committee
|
PYQ:
[2021] Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000:
1. American golfer Tiger Woods was the first winner of this award.
2. The award was received mostly by ‘Formula One’ players so far.
3. Roger Federer received this award maximum number of times compared to others.
Which of the above statements are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Features of the Hindu Marriage Act, 1955 and its applicability
Mains level: NA
Why in the news?
- The Supreme Court recently emphasized the sacredness of Hindu marriage, stating it is not merely a social event but a ‘samskara’ and a sacrament of significant value in Indian society.
- The court’s observations came in response to a case involving two commercial pilots seeking a divorce decree without a valid Hindu marriage ceremony.
About Hindu Marriage Act, 1955
|
Details |
| Enactment |
Passed by the Parliament of India on May 18, 1955. |
| Purpose |
Amendment and codification of laws related to marriage among Hindus and others. |
| Applicability |
- Applies to Hindus, Buddhists, Jains, Sikhs, and others NOT governed by Muslim, Christian, Parsi, or Jewish laws.
- NOTE: The Special Marriage Act, 1954 applies to all citizens of India, irrespective of religion, faith, or belief. It facilitates inter-religious and inter-caste marriages.
|
| Conditions for Marriage |
Section 5 specifies conditions including age, mental capacity, consent, and absence of prohibited relationships. |
|
Features of the HMA
|
| Guardianship for Marriage |
Section 6 outlines the persons entitled to give consent for a bride’s marriage. |
| Solemnization of Marriage |
Section 7 recognizes customary rites and ceremonies for Hindu marriage. |
| Registration of Marriage |
Section 8 allows for the registration of Hindu marriages for facilitating proof. |
| Ceremonies for a Hindu Marriage |
- Explains the special varieties of ceremonies that may be done to solemnize a Hindu marriage. Ex. ‘Saptapadi’
- It acknowledges each conventional and court-registered marriage.
|
| Restitution of Conjugal Rights |
Section 9 permits application for restitution of conjugal rights if one spouse withdraws without excuse. |
| Judicial Separation |
Section 10 provides for judicial separation based on certain grounds. |
| Nullity of Marriage and Divorce |
Grounds for voidable marriages and divorce specified in Sections 11-13. |
| Mutual Divorce |
Section 13B allows mutual divorce by consent of both parties. |
| Alimony and Maintenance |
Sections 24-25 enable spouses to seek maintenance and alimony post-divorce. |
| Marriage Laws (Amendment) Bill, 2010 |
Proposed amendments for easier divorce on grounds of irretrievable breakdown. |
| Judicial Review |
Supreme Court rulings on divorce petitions and exercise of powers under Article 142. |
Essence of Hindu Marriage: Supreme Courts’ Observations
- Denouncement of Unrecognized Marriages:
-
-
- The Supreme Court denounced the practice of seeking marital status without a valid ceremony.
- Emphasized that marriage is a lifelong commitment and not to be treated lightly.
- Sacred Character of Hindu Marriage:
-
-
- Hindu marriage is termed as a ‘sacrament’ with a sacred character.
- It symbolizes the unity of two individuals into a dignified, equal, and consensual union.
- Institutional Importance:
-
-
- Viewed as a vital institution for procreation, family consolidation, and fostering fraternity within communities.
- Adherence to Rites and Ceremonies:
-
-
- The court reiterated that a Hindu marriage must adhere to the rites and ceremonies prescribed under the Hindu Marriage Act.
- For instance, the ‘saptapadi’ ceremony is essential for validity.
- Role of Marriage Registration:
-
- Marriage registration aids in providing evidence of the wedding.
- However, it does not confer legitimacy if the marriage is not solemnized according to the Hindu Marriage Act.
PYQ:
[2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?
[2015] Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antares (Jyeshtha), Occultation
Mains level: NA
Why in the news?
- The Bengaluru-based Indian Institute of Astrophysics (IIA) captured the moon passing in front of Antares, a bright red star.
- Moon occasionally occults bright stars such as Antares and planets as it orbits the Earth once a month.
About Antares (Jyeshtha)
- Antares is a red supergiant star also called ‘Alpha Scorpii,’ located in the constellation of Scorpius.
- It is visible in the southern sky during the summer months in the northern hemisphere.
- It is often referred to as the “heart of the scorpion” due to its location within the Scorpius constellation and its striking red color.
- It is a massive star, with a diameter estimated to be around 700 times that of the Sun.
- It has a relatively low surface temperature compared to other stars, which gives it its distinctive red color.
- The distance to Antares from Earth is approximately 550 light-years, making it one of the closest red supergiant stars to our solar system.
What is Occultation?
- An occultation is a total or a partial cut-off of the light of a celestial body due to its passage behind another body.
- The finest example of an occultation is the solar eclipse.
- Strictly speaking, it is not an eclipse, but a lunar occultation of the sun.
|
PYQ:
[2012] A person stood alone in a desert on a dark night and wanted to reach his village, which was situated 5 km East of the point where he was standing. He had no instruments to find the direction, but he located the pole-star. The most convenient way now to reach his village is to walk in the _______.
(a) Direction facing the pole-star
(b) Direction opposite to the pole-star
(c) Direction keeping the pole-star to his left
(d) Direction keeping the pole-star to his right |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Commission on Population and Development (CPD)
Mains level: NA
Why in the news?
India’s Elected Women Representatives (EWRs) are participating in the Commission on Population and Development (CPD57) 57th session at the United Nations Headquarters in New York.
About Commission on Population and Development (CPD)
|
Details |
| Establishment |
Established by United Nations Economic and Social Council (ECOSOC) resolution 18(IV) in 1946 to advise on population and development issues. |
| Mandate |
Provides guidance and recommendations on population and development policies to ECOSOC and the UN General Assembly. |
| Membership |
Comprises 47 member states elected by ECOSOC for 4-year terms, based on geographic representation and expertise. |
| Meetings |
Holds annual sessions at the United Nations Headquarters in New York, typically in April. |
| Themes |
Focuses each session on specific population and development themes, such as youth empowerment and gender equality. |
| Reports and Resolutions |
Prepares reports and adopts resolutions containing recommendations for action by ECOSOC and the UN General Assembly. |
| Linkage to SDGs |
Closely aligned with the Sustainable Development Goals (SDGs), particularly Goal 3, 5, 10, and 17. |
| Regional Collaboration |
Collaborates with regional commissions and expert groups to analyze population trends and develop strategies at regional and national levels. |
PYQ:
[2017] What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it.
[2017] With reference to the role of UN-Habitat in the United Nations programme working towards a better urban future, which of the statements is/are correct?
1. UN-Habitat has been mandated by the United Nations General Assembly to promote socially and environmentally sustainable towns and cities to provide adequate shelter for all.
2. Its partners are either governments or local urban authorities only.
3. UN-Habitat contributes to the overall objective of the United Nations system to reduce poverty and to promote access to safe drinking water and basic sanitation.
Select the correct answer using the code given below:
(a) 1, 2 and 3
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1 only |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ensuring safety and health at work in a changing climate report
Mains level: The ILO has identified six key impacts of climate change
Why in the News?
The International Labour Organization’s (ILO) latest report, ‘Ensuring safety and health at work in a changing climate’, is an urgent call to ensure the future of labour is climate proofed and to address the constantly evolving work environment as the planet warms.
What are the Emerging Hazards? (The ILO has identified six key impacts of climate change)
- Solar Ultraviolet Radiation: Increased exposure to solar ultraviolet radiation due to climate change can have adverse effects on outdoor workers, potentially leading to skin damage and cancer.
- Extreme Weather Events: Climate change is contributing to the frequency and intensity of extreme weather events such as hurricanes, floods, and wildfires, which pose significant risks to workers in various sectors.
- Workplace Air Pollution: Climate change can exacerbate air pollution in workplaces, particularly in industrial settings, leading to respiratory illnesses and other health problems among workers.
- Vector-Borne Diseases: Changing climate patterns can influence the distribution and prevalence of vector-borne diseases such as malaria, dengue fever, and Zika virus, posing risks to workers in affected regions.
- Agrochemicals: Agricultural workers may face increased exposure to agrochemicals due to changes in pest and disease patterns resulting from climate change, potentially leading to health issues such as pesticide poisoning.
- Gig Economy Workers: The rise of gig employment, particularly in heat-susceptible sectors such as transportation and delivery services, exposes workers to additional risks related to heat stress and other climate-related hazards.
Most affected Sectors of the Economy:
- Agriculture: Despite a decline in the proportion of the workforce engaged in agriculture over the past few decades, it remains the most heat-susceptible sector, particularly in the developing world like India.
- The NSSO data of July 2018-June 2019 reveal that almost 90% of Indian farmers own less than two hectares of land, and earn an average monthly income of a little over ₹10,000
- Micro, Small, and Medium Enterprises (MSMEs): India’s vast MSME sector, employing over 123 million workers, contributes significantly to the country’s economy. However, the sector’s informalization poses challenges in ensuring worker safety and health.
- Lack of oversight by state Occupational Safety and Health (OSH) departments makes workers highly vulnerable to heat hazards, despite the sector’s substantial contribution to exports and manufacturing output.
- Building and Construction: With approximately 70 million workers, the construction sector in India faces the urban heat island effect, especially in rapidly growing cities. Workers in this sector are exposed to physical injuries and health hazards such as asthma due to air pollution, as many Indian cities rank among the most polluted globally as per World Air Quality Report 2023 by IQAir.
About Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020):
- This is a comprehensive law, enacted in September 2020.
- It consolidates and amends more than 13 central laws related to workplace safety, including the Factories Act, 1948, the Workmen Compensation Act, 1923, the Building and Other Construction Workers Act, 1996, the Plantations Labour Act, 1951, the Mines Act, 1952, and the Inter-State Migrant Workmen Act, 1979.
- However, the enforcement of this law is yet to be officially notified by the Union government.
|
Way forward:
- Enhanced Regulations and Enforcement: Implement and enforce the Occupational Safety, Health, and Working Conditions Code, 2020 to ensure comprehensive protection for workers across all sectors. This includes setting clear standards for workplace safety, regular inspections, and penalties for non-compliance.
- Heat Stress Management: Implement measures to manage heat stress in workplaces, especially in heat-susceptible sectors like agriculture and construction. This can include providing access to shaded rest areas, increasing hydration facilities, adjusting work schedules to avoid peak heat hours.
- Healthcare Access: Ensure access to healthcare services for workers, including regular health check-ups and treatment for heat-related illnesses and other occupational health issues. This may involve setting up medical facilities near worksites or providing transportation to nearby healthcare facilities.
Mains PYQ
Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Issues in PCA 1960
Why in the News?
Presently, Croatia has imposed stricter penalties for acts of cruelty, especially the abandonment of domestic pets. Countries across the world are reforming their animal cruelty laws and enhancing punishments for animal cruelty.
On punishment theories:
- Inadequacies in the PCA Act (1960): The Prevention of Cruelty to Animals Act (PCA Act) is the primary legislation criminalizing various forms of cruelty towards animals in India.
- Failure to Achieve Objectives: Despite being in place for several decades, the PCA Act has failed to achieve its main objective of preventing cruelty to animals effectively.
|
Theories of punishment suggest that punishment serves three main goals:
- Retribution: Retribution refers to punishment imposed to avenge the crime committed.In the context of animal cruelty, retribution could involve imposing punishment on perpetrators to seek justice for the harm inflicted on animals.
- Deterrence: It aims to prevent future crimes by imposing punishment that dissuades both the perpetrator and the general public from engaging in similar behavior.
- Reformation or Rehabilitation: It focuses on reforming the behavior of the perpetrator to prevent future offenses.
Issues in PCA 1960 :
- Bail and Non-Cognisable Offences: Many offences under the PCA Act are bailable and non-cognisable, allowing accused individuals to seek bail easily and preventing immediate police action without court permission. This delays justice and hampers effective enforcement.
- Inadequate Fines: The fines prescribed under the PCA Act have remained unchanged for over 130 years, rendering them insignificant and failing to act as a deterrent against animal cruelty. In many cases, fines are as low as ₹10, which does not reflect the seriousness of the offenses.
- Discretionary Sentencing: The law grants courts discretion to choose between imposing imprisonment or a fine on offenders, even for severe cases of animal cruelty. This leniency allows perpetrators to evade appropriate punishment, undermining the deterrent effect of the law.
- Lack of Rehabilitation Measures: The PCA Act lacks provisions for alternative forms of punishment such as community service, which could help reform perpetrators and address the root causes of animal cruelty.
Steps taken by Government:
- In November 2022, the Draft PCA (Amendment) Bill, 2022 was published by the Department of Animal Husbandry and Dairying for public comments. Despite widespread public support for the Draft Bill, it was not tabled in Parliament.
- The Draft Bill includes significant amendments to the 1960 Act such as the inclusion of the five fundamental freedoms for animals, enhancement of the punishments and the amounts of money to be paid as fines for various offences, and addition of new cognisable offences.
Way forward
- Legislative Reforms: Need to table the Draft PCA (Amendment) Bill, 2022 in Parliament for consideration and enactment.Enhance penalties and fines for animal cruelty to reflect the seriousness of the offenses and act as a deterrent.
- Promotion of Public Awareness: Launch campaigns and awareness programs to educate the public about animal welfare and the consequences of cruelty.
Mains PYQ
Q Discuss the significance of the lion and bull figures in Indian mythology, art and architecture. (UPSC IAS/2022)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Public Accounts Committee
Mains level: Key points related to report on the performance of State legislatures in India in 2023
Why in the news?
- Madhya Pradesh passed 85% of its Budget without discussion in 2023 followed by Kerala and Jharkhand.
- These observations are based on repot of PRS Legislative Research’s Annual Review of State Laws 2023.The report analyses the performance of State legislatures in various key functions.
BACK2BASICS:
What is Public Accounts Committee (PAC)?
- The inception of the Public Accounts Committee dates back to 1921 following its initial reference in the Government of India Act, 1919, commonly known as the Montford Reforms.
- Currently, the formation of the Public Accounts Committee is an annual occurrence as per Rule 308 of the Rules of Procedure and Conduct of Business in the Lok Sabha.
- The primary objective of the Public Accounts Committee (PAC) is to examine and scrutinize the government’s financial transactions and expenditures to ensure transparency, accountability, and proper utilization of public funds.
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Key points related to report on the performance of State legislatures in India in 2023:
- Budget Passing Without Discussion: Nearly 40% of the ₹18.5 lakh crore budget presented by 10 States was passed without discussion. In some States like Madhya Pradesh, Kerala, Jharkhand, and West Bengal, a significant portion of the budget was passed without debate.
- Public Accounts Committee (PAC) Inactivity: In five States, including Bihar, Delhi, Goa, Maharashtra, and Odisha, the PAC did not table any reports in 2023. Maharashtra’s PAC neither met nor released a report during the year.
- Fast-Track Passage of Bills: A significant number of bills were passed quickly with minimal debate, with 44% passed either on the same day they were introduced or the next day. This trend was consistent with previous years, indicating a pattern of swift legislative activity.
- Promulgation of Ordinances: 84 ordinances were promulgated in 20 States, covering various subjects such as new universities, public examinations, and ownership of apartments. Uttar Pradesh, Andhra Pradesh, and Maharashtra accounted for the highest number of ordinances.
- Regional Disparities: There were regional disparities in legislative activity, with states like Tamil Nadu and Himachal Pradesh tabling a significant number of PAC reports, while others like Maharashtra and Bihar saw inactivity. Similarly, some states passed bills quickly, while others took more time for deliberation.
Negative implication
- Lack of Transparency: Budgets being passed without discussion indicate a lack of transparency and accountability in the budgetary process, potentially leading to decisions being made without proper scrutiny or public input.
- Ineffective Oversight: The inactivity of Public Accounts Committees (PACs) in some states suggests a failure of oversight mechanisms, undermining the scrutiny of government expenditure and accountability for public funds.
- Quality of Legislation: The fast-track passage of bills with minimal debate raises concerns about the quality of legislation and the thoroughness of deliberation, potentially resulting in hastily drafted or poorly scrutinized laws.
- Overuse of Ordinances: The high number of ordinances promulgated signifies a reliance on executive orders to bypass the legislative process, which can undermine democratic principles and the role of the legislature in lawmaking.
Way forward
- Enhancing Transparency and Accountability: Mandate thorough discussions and debates on budgets before passage to ensure transparency and accountability in financial decision-making.Establish mechanisms for public participation and input in the budgetary process to increase transparency and foster citizen engagement.
- Reforming Oversight Mechanisms: Strengthen the functioning of Public Accounts Committees (PACs) by ensuring regular meetings and timely submission of reports.Empower PACs with adequate resources, authority, and independence to effectively scrutinize government expenditure and promote accountability.
Mains PYQ
Q Discuss the role of Public Accounts Committee in establishing accountability of the government to the people. (UPSC IAS/2017)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Model Code of Conduct (MCC)
Mains level: features and concerns related MCC
Why in the news?
The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.
Model Code of Conduct (MCC)
- Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
- Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
- In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
- The MCC is not legally binding as it is not a statutory document enacted by Parliament.
- While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
- Violators of these laws will face appropriate punishment.
Evolution of MCC:
- Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
- Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
- Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
- Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
- Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.
Features of MCC:
- Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
- Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
- Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
- Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
- List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.
Issues related to MCC:
- The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
- Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
- Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
- Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
- The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
- Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.
Way Forward
- Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines.
- Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
- Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.
Mains PYQ:
Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. [2017]
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antarctic Treaty
Mains level: NA
Why in the news?
The Ministry of Earth Sciences (MoES) will host the 46th Antarctic Treaty Consultative Meeting (ATCM 46) in Kochi, Kerala.
About Antarctic Treaty
|
Details |
| Signing and Entry into Force |
- Signed on December 1, 1959 at Washington DC.
- Entered into force on June 23, 1961.
- 12 Initial Countries: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK, and the US.
|
| Objective |
Ensure Antarctica remains exclusively for peaceful purposes, free from international discord. |
| Key Provisions |
- Art. I: Antarctica shall be used for peaceful purposes only
- Art. II: Freedom of scientific investigation in Antarctica and cooperation
- Art. III: Scientific observations and results from Antarctica shall be exchanged and made freely available
|
| Territorial Claims |
- Prohibits new territorial claims.
- Preserves existing territorial sovereignty claims.
|
| Disarmament |
- Prohibits testing of nuclear weapons.
- Prohibits disposal of radioactive waste
|
| Consultative Meetings |
Annual Antarctic Treaty Consultative Meetings (ATCM) where member states discuss treaty implementation and cooperation |
| Environmental Protection |
- Promotes protection of Antarctic environment.
- Prohibits activities causing pollution or environmental damage
|
| Mineral Resource Exploitation |
- Bans mining activities until at least 2048.
- Requires consensus for any review or modification
|
| Membership |
-
- 54 parties as of 2024.
- 29 Consultative Parties actively participate in decision-making.
- 25 Non-Consultative Parties.
- India ratified the treaty in 1983.
|
| Madrid Protocol |
- Adopted in 1991.
- Entered into force in 1998.
- Strengthens environmental protection measures in Antarctic.
|
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