Note4Students
From UPSC perspective, the following things are important :
Prelims level: Power of the ECI
Mains level: Paper 2- Comparing the powers of the Election Commission of India to its counterpart in the U.S.
In the recently concluded presidential election in the U.S., the delay in announcing the result and issue of denial of the election results by the incumbent has brought into focus the role played by flaws in the Americal democratic system in the conduct of the election. This article compares the powers of the elections bodies in the U.S. and India.
Powers of ECI
- Indian Constitution has given the ECI enormous power to be exercised during the course of elections, and strictly on other election-related matters.
- By virtue of being the custodian of the electoral roll, all matters related to keeping the roll updated, fall under the ECI’s domain.
- Even the higher judiciary does not interfere during the course of the election process.
- Our Constitution’s fathers decided to limit the role of the judiciary in India to the post-election period, when election petitions may be filed.
- This was done to avoid the impeding of the election process and delay election results interminably.
Comparing the powers
- The U.S. Federal Election Commission has a much narrower mandate than its Indian equivalent-Election Commission of India.
- The Federal Election Commission was established comparatively recently — 1975, with the special mandate to regulate campaign finance issues.
- As a watchdog, it is meant to disclose campaign finance information, to enforce the law regarding campaign contributions, and oversee public funding of the presidential election.
- The Federal Election Commission is led by six Commissioners.
- These six posts are supposed to be equally shared by Democrats and Republicans, and too have to be confirmed by the Senate.
- This leads to decision making divided on partisan lines.
What India can learn From the election process in the U.S.
- In the 2016 U.S. election, almost a quarter of the votes counted arose from postal and early balloting.
- In India we have confined postal ballots to only a few categories, of largely government staff (for example those on election duty) as well as the police or armed forces.
- In these difficult times of the novel coronavirus pandemic, we need to widen this base to include all senior citizens and anyone else who may find it convenient to cast their vote early.
Consider the question “Powers of the Election Commission of India are wider when compared with its counterpart in the U.S. In light of this, compare the powers of the two bodies and how these wide powers have enabled smooth power transfers in India.”
Conclusion
In its functioning, Election Commission of India has broad powers as compared to its counterpart in the U.S. which has helped India see a smooth power transfer from the first election in India in 1951-52 and every single election since.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Special Marriages Act
Mains level: Interfaith marriage and associated issues in India
Forced religious conversions for interfaith marriages cases are widely seen in news these days. And many states are attempting to ban religious conversion for the sole purpose of marriage.
Try answering this:
Q. The recent withdrawal of a TV commercial advertisement showing an interfaith marriage has led to an astonishing blowback. In light of this, discuss the various ethical and rights issues involved in interfaith marriages.
Context
- Though the Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths, and preferring a civil wedding.
- However, some practical problems arise in registering such marriages.
- The law’s features on prior public notice being given and objections for the safety and privacy of those intending to marry across religions.
- To overcome this, many settle for marriage under the personal law of one of them, with the other opting for religious conversion (accusingly termed as Love-Jihad).
What are the features of the SMA?
- Age: The marriage of any two persons may be solemnized under the SMA, subject to the man having completed 21 years of age and the woman 18.
- Consent: Neither should have a spouse living; both should be capable of giving valid consent, should not suffer from any mental disorder of a kind that renders them unfit for marriage and procreation.
- Liability: They should not be within the degrees of prohibited relationship — that is, they should not be related in such a way that their religion does not permit such marriages.
- Registration: Parties to an intended marriage should give notice to the ‘marriage officer’ of the district in which one of them had resided for at least 30 days.
- Objections: Any person can object to the marriage within 30 days of the publication of the notice on the ground that it contravenes one of the conditions for a valid marriage.
- Publication: The notice will have to be entered in a ‘Marriage Notice Book’ and a copy of it displayed at a conspicuous place in the office. The Notice Book is open for inspection at all reasonable times without a fee.
- Inquiry and approval: The marriage officer has to inquire into the objection and give a decision within 30 days. If he refuses permission for the marriage, an appeal can be made to the district court. The court’s decision will be final.
- Severance from family: Also, the Act says that when a member of a Hindu undivided family, gets married under SMA, it results in his or her “severance” from the family.
Threats after such marriages
- The provisions relating to notice, publication and objection have rendered it difficult for many people intending to solemnize inter-faith marriages.
- Publicity in the local registration office may mean that family members objecting to the union may seek to stop it by coercion.
- In many cases, there may be a threat to the lives of the applicants.
- There have been reports of right-wing groups opposed to inter-faith marriages for communal propaganda.
Issues with the publication of notices
- In July, the Kerala Registration department decided to discontinue the practice of uploading marriage notices on its websites following complaints that these were being misused.
- However, the notices will be displayed on the notice boards of the offices concerned.
- These provisions have been challenged in the Supreme Court recently on the grounds that they violate the privacy of the couples, their dignity and right to marry.
- In the case of Hindu and Muslim marriage laws, there is no requirement of prior notice and, therefore, such a requirement in the SMA violates the right to equality of those opting for marriage under it.
States against conversion for the sake of marriage
- Even though Uttar Pradesh (U.P.) and Karnataka have spoken about a separate enactment, at least two States have legal provisions to the effect.
- The Himachal Pradesh Freedom of Religion Act, 2019, and the Uttarakhand Freedom of Religion Act, 2018, both prohibit conversion by misrepresentation, force, fraud, undue influence, inducement, allurement and ‘by marriage’.
- There is a separate section in both laws under which, not conversion for the purpose of marriage, but marriage has done solely for the purpose of conversion, may be declared null and void by a family court based on a suit by either party.
- The U.P. State Law Commission has recommended a similar Freedom of Religion law in the State and favours a provision under which marriages solemnized solely for the conversion of one of the parties may be nullified by a family court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Freedom of Religion
Haryana government is considering a law against forced religious conversions and has sought information about such a law already in force in Himachal Pradesh.
Try this question
Q. How forced or misguided religious conversions pose a grave threat to the secular fabric of the Indian Society? Discuss.
The Himachal anti-conversion law
- The state had already enacted a law in 2007 which prohibited conversion from one religion to another by force or fraud. Last year it introduced a more stringent version of the legislation.
- There was a rise in conversions by fraudulent means and unless checked well in time.
- Such practice may erode the confidence and mutual trust between the different ethnic and religious groups in the state.
What does the law say?
- According to the Act, “no person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, inducement or by any fraudulent means or by marriage; nor shall any person abet or conspire such conversion”.
- The Act does not cover a person re-converting to his “parent religion”.
- It further says that any marriage done for the sole purpose of religion conversion may be declared null and void by a court on a petition by either party.
What happens if anyone wants to convert to any other religion?
- As per the Act, anyone who wishes to convert to any other religion will give a declaration to the district authorities at least one month in advance, specifying that one is doing so as per his/her “own volition or free consent”.
- In fact, even the religious priest who performs the conversion ceremony has to inform the authorities at least one month in advance.
- The district magistrate will then conduct an inquiry regarding the “intention, purpose and cause of proposed conversion”.
- The conversion will be rendered illegal if the authorities are not informed in advance.
The burden of proof
- The Act says that the burden of proof as to whether a religious conversion was not effected through force or fraud lies on the person so converted, or the person who has facilitated the conversion.
Penal provisions
- All offences under the Act are cognizable and non-bailable. The violator can be punished with a prison term ranging from one to five years, along with a fine.
- In case the victim is a minor, woman or member of a Scheduled Caste or Tribe, the imprisonment may extend upto seven years.
- Failure to declare the conversion in advance can also result in imprisonment of upto two years.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Other Service Providers (OSP)
Mains level: Various sectors of the economy
The Department of Telecom (DoT) has eased the rules for registration, submission of bank guarantee and other norms for other service providers (OSP) in the business process outsourcing (BPO) and information technology-enabled services (ITes).
Recall your basics from NCERT books… Sectors of the Economy … More precisely, the Tertiary, Quaternary and Quinary Sectors.
What are Other Service Providers (OSP)?
- OSPs or other service providers are companies or firms which provide secondary or tertiary services such as telemarketing, telebanking or telemedicine for various companies, banks or hospital chains, respectively.
- As computers made their foray into the Indian information technology space, a number of such OSPs, which were either voice or non-voice based, came into the market.
- The sector required minimal investment but gave great returns in business, which prompted a large number of individuals and companies to float other service providing firms.
Registration of OSPs
- The new telecom policy of 1999 suggested that all OSPs register themselves so that the government could keep a check on the usage of its resources.
- Since most of these firms used leased telephone lines, this in turn used the telecom spectrum auctioned by the DoT, hence facing the regulation.
- Further, the registration was also made mandatory to ensure that firms did not establish fake OSPs which swindled customers under the garb of providing telebanking and other such sensitive services.
What were the various registration norms for OSPs?
- To start services in India, OSPs had to register themselves with the DoT and declare to the government as to how many employees were working in the firm as well as the area of service it was engaged in.
- For example, if a firm wished to provide telebanking services, it had to tell the government the number of people working with the BPO and the state that firms catered to.
- Further, the OSPs also have to declare whether they were providing services to domestic firms or international firms, and the nature of services being offered.
Significance of the new guidelines
- The guidelines will make it easier for BPOs and ITes firms in many ways, such as cutting down on the cost of location, rent for premises and other ancillary costs such as electricity and internet bills.
- The doing away of registration norms will also mean that there will be no renewal of such licenses and therefore will invite foreign companies to set up or expand their other service providing units in India.
- This change, in line with the norms of countries in the West can also allow employees to opt for freelancing for more than one company while working from home, thereby attracting more workers in the sector.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ports along the strait of hormuz, Chabahar Port
Mains level: India-Iran relations soured in recent times
An Iranian diplomat in an interview has said that Tehran now hopes that New Delhi will help facilitate equipment for the Chabahar-Zahedan railway line under a line of credit promised to it in 2018.
Try this question
Q. Discuss the strategic and economic significance of Chabahar Port and Rail Project for India.
Recent controversy
- The Iranian government in July had decided to proceed with the construction of this project on its own, citing delays from the Indian side in funding and starting the project.
The Chabahar Rail Project
- It is a 628 km Chabahar-Zahedan line, which will be extended to Zaranj across the border in Afghanistan.
- The entire project would be completed by March 2022.
- It was meant to be part of India’s commitment to the trilateral agreement between India, Iran and Afghanistan to build an alternate trade route to Afghanistan and Central Asia.
Why did Iran omit India from the project?
- Despite several site visits by engineers, and preparations by Iranian railways, India never began the work, ostensibly due to worries that these could attract U.S. sanctions.
- The U.S. had provided a sanctions waiver for the Chabahar port and the rail line to Zahedan, but it has been difficult to find equipment suppliers and partners due to worries they could be targeted by the U.S.
- India has already “zeroed out” its oil imports from Iran due to U.S. sanctions.
India’s reluctance with Iran
- Looking at the whole aspects of relations, when it comes to politics, there has been a great common understanding and shared interests.
- But when it comes to economic and trade relations, it has been subject to some limits and restrictions, which are hampered by the various sanctions imposed.
- The US had put pressure directly or indirectly on the relations, although that has not been the will of both sides.
The contentious partnership with China
- Iran and China are close to finalising a 25-year Strategic Partnership which will include Chinese involvement in Chabahar’s duty-free zone, an oil refinery nearby, and possibly a larger role in Chabahar port as well.
- The cooperation will extend from investments in infrastructure, manufacturing and upgrading energy and transport facilities, to refurbishing ports, refineries and other installations.
- It is also rumoured that the Chabahar port will be leased to China surpassing India.
- Iran had proposed a tie-up between the port at Gwadar and Chabahar last year and has offered interests to China in the Bandar-e-Jask port 350km away from Chabahar, as well as in the Chabahar duty-free zone.
Back2Basics: India-Iran Partnership over Chabahar Port
- In 2016, India signed a deal with Iran entailing $8 billion investment in Chabahar port and industries in Chabahar Special Economic Zone.
- The port is being developed as a transit route to Afghanistan and Central Asia.
- India has already built a 240-km road connecting Afghanistan with Iran.
- All this were expected to bring cargo to Bandar Abbas port and Chabahar port, and free Kabul from its dependence on Pakistan to reach the outer world.
- Completion of this project would give India access to Afghanistan and beyond to Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Kazakhstan, Russia and Europe via 7,200-km-long multi-modal North-South Transport Corridor (INSTC).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Glacial landforms
Mains level: Impact of climate changes on Cryosphere
In August 2014, a glacial lake outburst flood (GLOF) hit the village of Gya in Ladakh, destroying houses, fields and bridges. Researchers now have mapped the evolution of Gya glacial lake and note the cause of the flood.
What is glacial lake outburst flood?
- A GLOF is a type of outburst flood that occurs when the dam containing a glacial lake fails.
- An event similar to a GLOF, where a body of water contained by a glacier melts or overflows the glacier, is called a Jökulhlaup.
- The dam can consist of glacier ice or a terminal moraine.
- Failure can happen due to erosion, a buildup of water pressure, an avalanche of rock or heavy snow, an earthquake, volcanic eruptions under the ice, or glacier collapses into it.
How did it happen in Ladakh?
- It was not a spillover but rather a tunnelling of drainage process that caused GLOF in Gya lake.
- Imagine a bucket full of water. It can overflow when you drop a stone, or the water can drain if there is a hole under the bucket.
- Similarly, here the flooding did not happen due to the spillovers due to an avalanche or landslide, rather there was a thawing of the ice cores in the moraine.
Back2Basics: Glacial Landforms
Glacial landforms are landforms created by the action of glacier movements.
As the glaciers expand, due to their accumulating weight of snow and ice they crush and abrade and scour surfaces such as rocks and bedrock. The resulting erosional landforms include striations, cirques, glacial horns, arêtes, trim lines, U-shaped valleys, over-deepening and hanging valleys.
- Cirque: Starting location for mountain glaciers
- Cirque stairway: a sequence of cirques
- U-shaped, or trough, valley: U-shaped valleys are created by mountain glaciers. When filled with ocean water so as to create anthe glacial action erodes through, a spillway (or col) forms
- Valley step: an abrupt change in the longitudinal slope of a glacial valley
When the glaciers retreated leaving behind their freight of crushed rock and sand (glacial drift), they created characteristic depositional landforms. Examples include glacial moraines, eskers, and kames. Drumlins and ribbed moraines are also landforms left behind by retreating glaciers.
- Esker: Built-up bed of a subglacial stream
- Kame: Irregularly shaped mound
- Moraine: Feature can be terminal (at the end of a glacier), lateral (along the sides of a glacier), or medial (formed by the merger of lateral moraines from contributary glaciers)
- Outwash fan: Braided stream flowing from the front end of a glacier
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UN ACABQ
Mains level: Success and failures of United Nations
In a significant victory for India at the United Nations, Indian diplomat Vidisha Maitra was elected to the U.N. Advisory Committee on Administrative and Budgetary Questions (ACABQ).
Try this PYQ:
Which one of the following is not related to the United Nations?
(a) Multilateral Investment Guarantee Agency
(b) International Finance Corporation
(c) International Centre for Settlement of Investment Disputes
(d) Bank for International Settlements
About UN- ACABQ
- It is a subsidiary organ of the General Assembly. The 193-member Assembly appoints members of the Advisory Committee.
- ACABQ consists of 16 members appointed by the Assembly in their individual capacity.
- Members are selected on the basis of broad geographical representation, personal qualifications and experience.
Its functions
- ACABQ ensures that fund contributions to the U.N. system are put to good effect and that mandates are properly funded.
- It examines, on behalf of the General Assembly, the administrative budgets of the specialised agencies and proposals for financial arrangements with such agencies; and to consider and report to the General Assembly on the auditors’ reports on the accounts of the UN and of the specialised agencies.
Why is the seat given to India?
- India has a stellar record of bringing professional auditing experience to the U.N. and contributing outstanding professionals to U.N. bodies.
- With India’s rising obligations in both assessed as well as voluntary contributions to the U.N., India holds key responsibility of administrative and budgetary management of U.N.
Significance of the move
- The victory gives a strong display of support by U.N. member states for India.
- It comes as India gets ready to sit in the U.N. Security Council as a non-permanent member for a two-year term beginning January 2021.
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