op-ed snap | Polity | Mains Paper 1: Parliament & State Legislatures

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Election of the Deputy Speaker of the Lok Sabha

Mains level: Paper 2- Deterioration in functioning of the Parliament and way forward

The article highlight the deterioration in the function of Parliament and its implications.

Declining seating of houses of Parliament

The current Budget session of Parliament ended on Thursday, two weeks ahead of the original plan.
This follows the trend of the last few sessions:
The Budget session of 2020 was curtailed ahead of the lockdown.
A short 18-day monsoon session ended after 10 days as several Members of Parliament and Parliament staff got affected by COVID-19.
The winter session was cancelled.
As a result, the fiscal year 2020-21 saw the Lok Sabha sitting for 34 days (and the Rajya Sabha for 33), the lowest ever.
This has implications for the proper legislative scrutiny of proposed legislation as well as government functioning and finances.
There is no reason why Parliament could not adopt remote working and technological solutions, as several other countries did.

Passage of important bills without scrutiny

During this session, 13 Bills were introduced, and not even one of them was referred to a parliamentary committee for examination.
The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 was passed by the Parliament.
This bill shifts governance from the legislature and the Chief Minister to the Lieutenant Governor.
The Mines and Minerals (Development and Regulation) Amendment Bill, 2021, amends the Mines and Minerals Act, 1957 to remove end-use restrictions on mines and ease conditions for captive mines.
This Bill was passed by both Houses within a week.
The National Bank for Financing Infrastructure and Development (NaBFID) Bill, 2021 — to create a new government infrastructure finance institution and permit private ones in this sector was passed within three days of introduction.
The Insurance (Amendment) Bill, 2021 which increases FDI in insurance companies from 49% to 74% also took just a week between introduction and passing by both Houses.
In all, 13 Bills were introduced in this session, and eight of them were passed within the session.
This quick work should be read as a sign of abdication by Parliament of its duty to scrutinise Bills, rather than as a sign of efficiency.
Also, the percentage of Bills referred to committees declined from 60% and 71% in the 14th Lok Sabha (2004-09) and the 15th Lok Sabha, respectively, to 27% in the 16th Lok Sabha and just 11% in the current one.

Money Bill classification issue

The Finance Bills, over the last few years, have contained several unconnected items such as restructuring of tribunals, introduction of electoral bonds, and amendments to the foreign contribution act.
Some of the earlier Acts, including the Aadhaar Act and Finance Act, have been referred to a Constitution Bench of the Supreme Court.
It would be useful if the Court can give a clear interpretation of the definition of Money Bills and provide guide rails within which Bills have to stay to be termed as such.

Passage of Budget without discussion

The Constitution requires the Lok Sabha to approve the expenditure Budget of each department and Ministry.
The Lok Sabha had listed the budget of just five Ministries for detailed discussion and discussed only three of these; 76% of the total Budget was approved without any discussion.
This behaviour was in line with the trend of the last 15 years.

No Deputy Speaker

Article 93 of the Constitution states that “… The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker….”
A striking feature of the current Lok Sabha is the absence of a Deputy Speaker.
By the time of the next session of Parliament, two years would have elapsed without the election of a Deputy Speaker.

Way forward

In order to fulfil its constitutional mandate, it is imperative that Parliament functions effectively.
This will require making and following processes:
1) Creating a system of research support to Members of Parliament.
2) Providing sufficient time for MPs to examine issues.
3 )Requiring that all Bills and budgets are examined by committees and public feedback is taken.

Consider the question “Parliament as a representative body is expected to examine all legislative proposals, understand their nuances and implications and decide on the appropriate way forward. Yet, more and more Bills are passed without enough deliberations. What are the implications of it? Suggest the measures to deal with it.”

Conclusion

In sum, Parliament needs to ensure sufficient scrutiny over the proposals and actions of the government.

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Foreign Policy Watch: India-Bangladesh

Teesta Water Sharing Deal

| International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Teesta River

Mains level: Teesta dispute

PM while on his tour of Bangladesh assured his best to ink the long-awaited deal over the Teesta and other common rivers. On at least two occasions—2011 and 2017—Bangladesh and India came close to signing a deal on the Teesta.

Teesta River

Teesta River is a 315 km long river that rises in the eastern Himalayas, flows through the Indian states of Sikkim and West Bengal through Bangladesh and enters the Bay of Bengal.
It is a tributary of the Brahmaputra (known as Jamuna in Bangladesh), flowing through India and Bangladesh.
It originates in the Himalayas near Chunthang, Sikkim and flows to the south through West Bengal before entering Bangladesh.
Originally, it continued southward to empty directly into the Padma River but around 1787 the river changed its course to flow eastward to join the Jamuna river.
The Teesta Barrage dam helps to provide irrigation for the plains between the upper Padma and the Jamuna.

What is the dispute about?

The point of contention between India and Bangladesh is mainly the lean season flow in the Teesta draining into Bangladesh.
The river covers nearly the entire floodplains of Sikkim while draining 2,800 sq km of Bangladesh, governing the lives of hundreds of thousands of people.
For West Bengal, Teesta is equally important, considered the lifeline of half-a-dozen districts in North Bengal.
Bangladesh has sought an “equitable” distribution of Teesta waters from India, on the lines of the Ganga Water Treaty of 1996, but to no avail.
The failure to ink a deal had its fallout on the country’s politics, putting the ruling party of PM Sheikh Hasina in a spot.

The hydrological linkages between India and Bangladesh are a product of geography and a matter of shared history. Discuss this statement in line with the Teesta water sharing dispute.

The deal

Following a half-hearted deal in 1983, when a nearly equal division of water was proposed, the countries hit a roadblock. The transient agreement could not be implemented.
Talks resumed after the Awami League returned to power in 2008 and the former Indian PM Manmohan Singh visited Dhaka in 2011.
In 2015, PM Modi’s visit to Dhaka generated more ebullient lines: deliberations were underway involving all the stakeholders to conclude the agreement as soon as possible.

Issues from the Indian side

It remains an unfinished project and one of the key stakeholders — West Bengal CM is yet to endorse the deal.
Her objection is connected to “global warming. Many of the glaciers on the Teesta basin have retreated.
The importance of the flow and the seasonal variation of this river is felt during the lean season (from October to April/May) as the average flow is about 500 million cubic metres (MCM) per month.
The CM opposed an arrangement in 2011, by which India would get 42.5% and Bangladesh 37.5% of the water during the lean season, and the plan was shelved.

Why does it matter?

India witnessed a surge in the insurgency in the northeast during the rule of the Bangladesh Nationalist Party (BNP) from 2001 to 2005.
Bangladesh allegedly sheltered insurgents engaged in anti-India activities, and nearly all the Home Ministry-level talks ended without agreement, and India had to increase the security budget for the northeast.
In a couple of years of assuming office in 2008, the Awami League targeted insurgent camps and handed over the rebels to India.
As India’s security establishment heaved a sigh of relief, the relationship improved on multiple fronts.

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

N K Singh bats for moving Health Sector to Concurrent List

Prelims Only | Governance | Mains Paper 2: Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Concurrent List

Mains level: India's healthcare

Health should be shifted to the Concurrent list under the Constitution, and a developmental finance institution (DFI) dedicated to healthcare investments set up, Fifteenth Finance Commission Chairman N.K. Singh has said.

Other key recommendations

Bringing health into the Concurrent list would give the Centre greater flexibility to enact regulatory changes and reinforce the obligation of all stakeholders towards providing better healthcare.
He has urged the government spending to enhance expenditure on health to 2.5% of GDP by 2025.
He said primary healthcare should be a fundamental commitment of all States in particular and should be allocated at least two-thirds of such spending.

The Concurrent List or List-III (of Seventh Schedule) is a list of 52 items (though the last subjects are numbered 47) given in the Seventh Schedule to the Constitution of India.

What is the Seventh Schedule?

This Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
It defines and specifies the allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.

The Union List

It is a list of 98 (Originally 97) numbered items as provided in the Seventh Schedule.
The Union Government or Parliament of India has exclusive power to legislate on matters relating to these items.

The State List

It is a list of 59 (Originally 66) items.
The respective state governments have exclusive power to legislate on matters relating to these items.

The Concurrent List

There are 52 (Originally 47) items currently in the list.
This includes items which are under the joint domain of the Union as well as the respective States.

Must read

[Burning Issue] India’s Ailing Health Sector and Coronavirus

Healthcare in India

The Indian Constitution has incorporated the responsibility of the state in ensuring basic nutrition, basic standard of living, public health, protection of workers, special provisions for disabled persons, and other health standards, which were described under Articles 39, 41, 42, and 47 in the DPSP.
Article 21 of the Constitution of India provides for the right to life and personal liberty and is a fundamental right.
Public Health comes under the state list.
India’s expenditure on healthcare has shot up substantially in the past few years; it is still very low in comparison to the peer nations (at approx. 1.28% of GDP).

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Wetland Conservation

Places in news: Chilika Lake

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Chilika Lake

Mains level: Ramsar wetlands in India

The Chilika Lake in Odisha, Asia’s largest brackish water lake, was once part of the Bay of Bengal, a study by the marine archaeology department of the National Institute of Oceanography (NIO), Goa, has found.

Try this PYQ:

Q.Consider the following statements:

In India, the Himalayas are spread over five States only.

Western Ghats are spread over five States only.

Pulicat Lake is spread over two States only.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 3 only

(c) 2 and 3 only

(d) 1 and 3 only

Chilika Lake

Chilika Lake is a brackish water lagoon, spread over the Puri, Khurda and Ganjam districts of Odisha.
It is located at the mouth of the Daya River, flowing into the Bay of Bengal, covering an area of over 1,100 km2.
It is the largest coastal lagoon in India and the largest brackish water lagoon in the world after The New Caledonian barrier reef.
It has been listed Ramsar Site as well as a tentative UNESCO World Heritage site.

Its formation

The process of the formation of the Chilika might have begun in the latter part of the Pleistocene epoch, around 20,000 years ago.
India’s peninsular river Mahanadi carried a heavy load of silt and dumped part of it at its delta.
As the sediment-laden river met the Bay of Bengal, sand bars were formed near its mouth.
These created a backflow of the seawater into the sluggish fresh water at the estuary, resulting in the huge brackish water lake.
Marine archaeological studies on the Odisha coast clearly show that the Chilika once acted as a safe harbour for cargo ships bound for Southeast Asia and other parts of the world.

Historical accounts on Chilika

The lake has been a useful centre for maritime activities since the third millennium before the Common Era (CE).

Greek geographer Claudius Ptolemy (150 CE) described Palur as an important port of Kalinga and referred to it as ‘Paloura’.
This port was situated close to the ‘point of departure’ located outside the southern tip of the lake at Kantiagarh, from where ships used to sail directly for Southeast Asia.
Stone anchors and hero stones from Manikapatna, Palur and the adjoining onshore regions of the Chilika suggest that the present brackish water lagoon was in fact a part of the Bay of Bengal.
Chinese pilgrim Xuanzang (7th century CE) recorded ‘Che-li-ta-lo-Ching’ as a flourishing port.
This port was located at Chhatargarh on the banks of the Chilika.
The Brahmanda Purana (10th century CE approximately) says the Chilika was an important centre of trade and commerce, with ships sailing to Java, Malaya and Ceylon.
The famous Sanskrit poet Kalidas called the king of Kalinga ‘Madhodhipati’ or ‘Lord of the Ocean’.

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Early bud-break genes and climate change

Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Genetics and climate change

Mains level: Impacts of climate change on plant dynamics

Changing climate has transformed the time spring unfolds in front of us.

Early bud-break

Bud-break — which is when trees leaf out — has undergone a change.
Several trees initiate bud-break too early or too late, which affects the harvest.
Spring, for example, arrived earlier than usual in Kashmir this year due to higher temperatures in February and March.
Gul-tour, a spring-flowering herb started blooming in mid-February in Kashmir. Its yellow flowers would usually blossom in March, heralding Spring.

Try this PYQ:

Q.Other than resistance to pests, what are the prospects for which genetically engineered plants have been created?

To enable them to withstand drought

To increase the nutritive value of the produce

To enable them to grow and do photosynthesis in spaceships and space stations

To increase their shelf life

Select the correct answer using the code given below

(a) 1 and 2 only

(b) 3 and 4 only

(c) 1, 2 and 4 only

(d) 1, 2, 3 and 4

Answer: (d)

What causes early bud-break?

This is why understanding the genetics of bud-break helps scientists modify or select crop varieties that can be more resilient to the climate threat.
The properties of transcription factors are genes that regulate other genes by binding to deoxyribonucleic acid and giving activation instructions.
It helps scientists determine what other genes might be involved in a process such as a bud-break.

EBB genes

Researchers of the study had earlier identified transcription factors for early bud-break 1 (EBB1) and short vegetative phase (SVL), which directly interact to control bud-break.
EBB1 is a positive regulator of bud-break, whereas SVL is a negative regulator of bud-break.
Now, the research team has identified and characterized the early bud-break 3 (EBB3) gene.

Identified mechanism of Bud-break

EBB3 is a temperature-responsive, positive regulator of bud-break that provides a direct link to activation of the cell cycle during bud-break.
EBB3 provides a direct link through the signalling pathway for how these cells divide.
The analysis reveals how particular genes activate through the season or in response to specific environmental factors.

Significance of the study

New approaches for accelerated tree adaptation to climate change helps ensure bud-break happens at the right time each spring.
Using their understanding of the genetic pathways that control bud-break, scientists hope to genetically modify crops to adapt to warmer winters and unpredictable frosts.

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Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

What to consider before India takes ‘net-zero’ pledge

op-ed snap | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- Whether or not India should consider net zero emission target by 2050?

There are several issues with the adoption of net zero-emission targets. One of the most important being the lack of equity. This article deals with this issue.

About net-zero emission targets

The “net zero” idea is inspired by an IPCC report that calls for global net emissions – GHG emissions minus removal of GHGs through various means to reach zero by mid-century.
This builds on a clause in the Paris Climate Agreement, calling for a balance between sources and sinks of emissions by the second half of the century.
It is worth underscoring that none of this implies that each country has to reach net-zero by 2050.
Net-zero announcements signals a progressive direction of travel and has the apparent merit of presenting a simple and singular benchmark for assessing the performance of a country.

3 Issues with net zero targets

First, it potentially allows countries to keep emitting today while relying on yet-to-be-developed and costly technologies to absorb emissions tomorrow.
Second, its focus on long-term targets displaces attention from meaningful short-term actions that are credible and accountable.
Third., it calls into question concerns of equity and fairness.

Balancing the concerns of developing and developed countries

The Paris Agreement, while urging global peaking as soon as possible, explicitly recognises that peaking will take longer for developing countries.
The Paris Agreement calls for achieving balance in developing and developed nation “on the basis of equity” and in the context of “sustainable development and efforts to eradicate poverty”.
Therefore, the Paris Agreement does not advocate uptake of net-zero targets across developed and developing countries, as currently being advocated by many countries.
Rather, the emphasis in the agreement on equity, sustainable development and poverty eradication suggests a thoughtful balancing of responsibilities between developed and developing countries.

Factors India should consider before taking zero-emission target

Our first nationally determined contribution (NDC) submitted under the Paris Agreement has been rated by observers as compatible with a 2 degrees Celsius trajectory.
We are ahead of schedule in meeting our contribution.
Now, India will need to decide whether to join a growing number of countries (over 120 at last count) that have pledged to reach “net zero” emissions by 2050.
But it is not clear that enhancing mitigation action can definitively deliver net-zero emissions by 2050, given that our emissions are still rising, and our development needs are considerable.
There is a possibility that a not fully thought-through mid-century net-zero target would compromise sustainable development.
Moreover, such a major shift in our negotiating position will have implications for the future, including our ability to leverage additional finance and technology to help shift to low-carbon development pathways.
Our 2 degrees Celsius compatible NDC, bolstered by the Prime Minister’s announcement in 2019 that we would achieve 450 GW of renewables by 2030, could be strengthened.
Building on this track record suggests an alternate and equally, if not more, compelling, way to indicate climate ambition in the future than uncritically taking on a net-zero target.

Way forward

We would benefit from taking stock of our actions and focusing on near-term transitions.
This will allow us to meet and even over-comply with our 2030 target while also ensuring concomitant developmental benefits, such as developing a vibrant renewable industry.
We can start putting in place the policies and institutions necessary to move us in the right direction for the longer-term and also better understand the implications of net-zero scenarios before making a net-zero pledge.
It would also be in India’s interest to link any future pledge to the achievement of near-term action by industrialised countries.
That would be fair and consistent with the principles of the UNFCCC.

Consider the question “Growing number of countries have been setting net-zero emission target. In light of this, examine the issues India should consider before setting itself the net zero emission targets.”

Conclusion

India, like others, have a responsibility to the international community, we also have a responsibility to our citizens to be deliberate and thoughtful about a decision as consequential as India’s climate pledge.

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Foreign Policy Watch: India-Bangladesh

Enhancing the Indo-Bangladesh cooperation

op-ed snap | International Relations | Mains Paper 2: India & Its Neighborhood - Relations

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- India-Bangladesh relations in 50 years

The article highlights the areas of cooperations and issues between the India and Bangladesh as it celebrates the golden jubilee of its independence from Pakistan.

New era of cooperation

In the last decade, India-Bangladesh relations have warmed up, entering a new era of cooperation.
These ties have moved beyond historical and cultural ties to become more assimilated in the areas of trade, connectivity, energy, and defence.
Bangladesh and India have achieved the rare feat of solving their border issues peacefully by ratifying the historic Land Boundary Agreement in 2015.
The Bangladesh government led by Prime Minister Sheikh Hasina has uprooted anti-India insurgency elements from its borders.

Bilateral trade and tourism

Bangladesh today is India’s biggest trading partner in South Asia with exports to Bangladesh in FY 2018-19 at $9.21 billion and imports at $1.04 billion.
India has offered duty free access to multiple Bangladeshi products.
While India has given duty-free access to a number of Bangladeshi goods, its physical enormity precludes circumstances that could have Bangladesh enhance the quantum of exports.
Trade could be more balanced if non-tariff barriers from the Indian side could be removed.
Bangladeshis make up a large portion of tourists in India with one in every five tourists being a Bangladeshi.
Bangladesh accounts for more than 35% of India’s international medical patients and contributes more than 50% of India’s revenue from medical tourism.

Cooperation on development

India extended three lines of credit to Bangladesh in recent years amounting to $8 billion for the construction of roads, railways, bridges, and ports.
However, in eight years until 2019, only 51% of the first $800 million line of credit has been utilised.
Barely any amount from the next two lines of credit worth $6.5 billion has been mobilised.
This has been mostly due to red-tapism from India’s end, and slow project implementation on Bangladesh’s end.

Connectivity

Connectivity between the two countries has greatly improved.
A direct bus service between Kolkata and Agartala runs a route distance of 500 km, as compared to the 1,650 km if it ran through the Chicken’s Neck to remain within India.
There are three passenger and freight railway services running between the two countries, with two more routes on their way to be restored.
The inauguration of the Chilahati-Haldibari railway link has been a significant move in enhancing connectivity between the countries.
Recently, a 1.9 kilometre long bridge, the Maitri Setu, was inaugurated connecting Sabroom in India with Ramgarh in Bangladesh.
Bangladesh allows the shipment of goods from its various ports.
This allows landlocked Assam, Meghalaya and Tripura to access open water routes through the Chattogram and Mongla ports.

Issues

Despite the remarkable progress, the unresolved Teesta water sharing issue looms large.
While smuggling needs to be dealt with firmly, it is not acceptable for Bangladeshis that rather than apprehending people trying to make an illegal entry into India, the BSF has been shooting them.
Indian government’s proposal to implement the National Register of Citizens across the whole of India reflects poorly on India-Bangladesh relations.

Way forward

India-Bangladesh relations have been gaining positive momentum over the last decade.
As the larger country, the onus is on India to be generous enough to let the water flow and ensure that people are not killed on the border for cattle.

Consider the question “As Bangladesh celebrates the golden jubilee of its independence, it is also time for celebrating the enduring Indo-Bangladesh ties despite hiccups that have sometimes disturbed the waters. In light of this, examine the areas of cooperation and issues between the two countries.“

Conclusion

To make the recent gains irreversible, both countries need to continue working on the three Cs — cooperation, collaboration, and consolidation

Source:

https://www.thehindu.com/opinion/op-ed/remove-the-wedges-in-india-bangladesh-ties/article34163863.ece

https://indianexpress.com/article/opinion/columns/india-bangladesh-relations-narendra-modi-visit-7245361/

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Electoral Reforms In India

Here is why the electoral bonds scheme must go

op-ed snap | Polity | Mains Paper 2: Government Scheme/Policies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Electoral bonds

Mains level: Paper 2- Issues with electoral bond scheme

The article highlights the constitutional objections to the electoral bond scheme.

Context

The Supreme Court, after a brief hearing on March 24, reserved orders on the question of whether or not to stay the electoral bond scheme, ahead of the upcoming State elections.

Issues

1) Against democracy

When citizens cast their votes they have the right to do so on the basis of full and complete information.
And there is no piece of information more important than the knowledge of who funds political parties.
The Indian Supreme Court has long held — and rightly so — that the “right to know”, especially in the context of elections, is an integral part of the right to freedom of expression under the Indian Constitution.
By keeping this knowledge from citizens and voters, the electoral bonds scheme violates fundamental tenets of our democracy.

2) Aids role of money in influencing politics

It is equally important that if a democracy is to thrive, the role of money in influencing politics ought to be limited.
In many advanced countries, for example, elections are funded publicly.
The purpose of this is to guarantee a somewhat level playing field, so that elections are a battle of ideas and not money.
The electoral bonds scheme, however, removes all pre-existing limits on political donations, and effectively allows well-resourced corporations to buy politicians by paying immense sums of money.

3) Creates asymmetry in donation

Electoral bonds allow receiving limitless donation and that too asymmetrically.
Since the donations are routed through the State Bank of India, it is possible for the government to find out who is donating to which party, but not for the political opposition to know.
This, in turn, means that every donor is aware that the central government can trace their donations back to them.
Statistics bear this out: a vast majority of the immensely vast sums donated through multiple electoral cycles over the last three years, have gone to the ruling party.

Issues with the government’s defence

The government has attempted to justify the electoral bonds scheme by arguing that its purpose is to prevent the flow of black money into elections.
It is entirely unclear what preventing black money has to do with donor anonymity, making donations limitless, and leaving citizens in the dark.
Indeed, as the electoral bonds scheme allows even foreign donations to political parties.
With this the prospects of institutional corruption including by foreign sources increases with the electoral bonds scheme, instead of decreasing.

Constitutional objections

The objections to the electoral bonds scheme, highlighted above, are not objections rooted in political morality, or in public policy, they are constitutional objections.
The right to know has long been enshrined as a part of the right to freedom of expression.
Uncapping political donations and introducing a structural bias into the form of the donations violate both the guarantee of equality before law, as well as being manifestly arbitrary.

Judiciary must act

Governments derive their legitimacy from elections.
However, for just that reason the process that leads up to the formation of the government should be policed with particular vigilance.
In other words, the electoral legitimacy of the government is questionable if the electoral process has become questionable.
The courts is the only independent body that can adequately umpire and enforce the ground rules of democracy.

Consider the question “How electoral bond scheme can play role in preventing black money in elections? What are the issues with the electoral bond scheme?

Conclusion

The government should take into account the distorting effect of the electoral bonds scheme and take measures to remove the provisions in the scheme that leaves the scope for its misuse.

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Women empowerment issues – Jobs,Reservation and education

SC bats for women officers in Army

SC Judgements | Indian Society | Mains Paper 1: Role Of Women & Women Organization

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Women in armed forces

The Supreme Court has held that the Army’s “selective” evaluation process discriminates against and disproportionately affects women short service commission officers seeking a permanent commission.

Must read

[Burning Issue] Women in Armed Forces

What did the Court say?

The Court held the view that the evaluation criteria set by the Army constituted systemic discrimination against the petitioners (women officers).
The evaluation pattern of women officers has caused them economic and psychological harm.
In a series of directions, the court ordered that the cases of women officers who have applied for the permanent commission should be reconsidered in a month and the decision on them should be given in two months.

Asks for permanent commission

They would be considered for permanent commission subject to disciplinary and vigilance clearance.
The court said physical standards should be kept at a premium during selection.
The court highlighted how one of the Army’s “administrative requirements” was to benchmark women officers, under consideration for permanent commission, with male officers who are lowest in merit.
This is arbitrary and irrational, said Justice Chandrachud.

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Forest Conservation Efforts – NFP, Western Ghats, etc.

Amendments to the Forest (Conservation) Act, 1980

| Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: FCA 1980

Mains level: Deforestation and development issues

The Union Ministry of Environment, Forest and Climate Change has proposed several amendments to the Forest (Conservation) Act, 1980 (FCA), which may enable infrastructure projects to come up in the forest areas more easily.

What are the amendments?

They propose to grant exemptions to railways, roads, tree plantations, oil exploration, wildlife tourism and ‘strategic’ projects in forests.
The proposal also aims to empower state governments to lease forest land to private individuals and corporations.
If the proposed amendments come into force, they would dilute the provisions of the landmark 1996 decision of the Supreme Court in Godavarman

The amendments, however, propose two changes to strengthen the applicability of the FCA, according to the documents accessed:

To complete the process of forest identification in a time-bound manner
To enable the creation of ‘no-go’ areas, where specific projects would not be allowed

The Forest (Conservation) Act, 1980

The FCA is the principal legislation that regulates deforestation in the country.

It prohibits the felling of forests for any “non-forestry” use without prior clearance by the central government.
The clearance process includes seeking consent from local forest rights-holders and from wildlife authorities.
The Centre is empowered to reject such requests or allow it with legally binding conditions.
In a landmark decision in 1996, the Supreme Court had expanded the coverage of FCA to all areas that satisfied the dictionary definition of a forest; earlier, only lands specifically notified as forests were protected by the enforcement of the FCA.

The FCA is brief legislation with only five sections of which-

Section 1 defines the extent of coverage of the law,
Section 2 restrictions of activities in forest areas and the rest deals with the creation of advisory committees, powers of rule-making and penalties.

Key propositions of the Amendment

The proposed amendments seek to make additions and changes to Section 1 and 2.

(1) Concessions to survey and exploration

In the proposed new section 1A, a provision has been added to exempt the application of FCA on forest land that is “used for underground exploration and production of oil and natural gas through Extended Reach Drilling (ERD) originating outside forest land.”
The exemption is subject to terms and conditions laid down by the central government.
A new explanation added to Section 2 says that “survey, reconnaissance, prospecting, exploration or investigation” for future activity in the forest will not be classified as a “non-forestry activity”.
This means such survey works would not require any prior permission from the government.

The only exception is if the activity falls within a wildlife sanctuary, national park or tiger reserve.

(2) Exemptions to Railways and roads inside forests

Land acquired by the railways for establishing a rail line or a road by a government agency before 25.10.1980 (the day the FCA was passed) would be exempted from seeking a forest clearance — if they put the land to the same use for which it was acquired.
This is included in a provision in the proposed section 1A.
The exemption is subject to terms and conditions that the central government will lay down through guidelines, which include planting trees to compensate for the loss of forests.

(3) Leases on forest land

Section 2(iii) of the FCA requires the central government’s approval before assigning forest lands on lease to any private person/corporation/organisation not owned or controlled by the central government.
This clause, however, has purportedly been deleted in the proposed amendment.
This may mean that state governments can issue leases for the use of forest land without the Centre’s prior approval.

(4) Exemptions to plantations

A new explanation to Section 2 proposes to exempt plantation of native species of palm and oil-bearing trees from the definition of “non-forest purpose”.
Since the FCA applies to the conversion of forest land to “non-forest purpose”, this proposed amendment would effectively mean that anyone who wants to clear a natural forest to raise such plantations would not require any approval from the government.
The government will only impose conditions for compensatory afforestation and payment of other levies and compensations.

(5) Exemptions to wildlife tourism, training infrastructure

The FCA classifies activities related to wildlife conservation as “non-forestry” purposes, which means such activities — building checkpoints, communication infrastructure, fencing, boundary, etc — which include do not need a forest clearance.
The proposed amendment claims to add to this list “forest and wildlife training infrastructure” and the “establishment of zoos and safaris” managed by the government or any authority under the Wildlife Protection Act, 1972.
It may also add ecotourism facilities approved under the Forest Working Plan or Working Scheme approved by the central government.

(6) States may grant forest clearance for strategic / security projects

The proposed Section 2A may empower the central government to provide for state government approval for projects on forest land for “strategic” or security projects of “national importance”, according to the documents accessed.
There is no clarity on the scope of these terms, or on the determination of national importance, or illustrative examples of such projects.

Limiting the coverage of the Supreme Court’s decision

The Supreme Court in Godavarman Case 1996 had held that the meaning of “forest” under the FCA would include not only statutorily recognised forests.
It would include any area recorded as forest in government records, regardless of ownership.
The restrictions in the FCA would, therefore, be applicable to both de jure and de facto

The proposed amendment purportedly seeks to reduce the scope of this judgment by limiting the applicability of the FCA to only such land that has been:

Declared or notified as forest under the Indian Forest Act, 1927
Recorded as forest land in the government record prior to 25 October 1980, with the exception of such land if its use has been changed from forest to non-forest purpose prior to 12 December 1996
Identified as “forest” by a state government expert committee up to one year from the date of the amendment.

The judgment interpreted the Act as it stood then. The addition of a specific definition thus limits the scope of the judgment. De facto forests are, therefore, excluded from the purview of the FCA.

Creation of ‘No-Go’ areas

The proposed amendment inserts a new Section 2B, which will allow the central government to delineate forest areas where conversion to specific non-forest uses would not be permitted for a fixed period of time.
The delineation would be based on the basis of pre-defined criteria.
This could mean, for instance, that a certain dense forest would not be allowed to be converted to a coal mine for the next 30 years, but it could be allowed to be cleared for a thermal power plant.
In the Godavarman case, the Supreme Court had directed states to set up expert committees to draw up a list of forests that were not notified under the Indian Forest Act, 1927 (IFA), but deserved to be protected by the FCA.
Several states are yet to comply with this requirement.

Impact

The proposed Section 1A(ii) excludes from the purview of the FCA those forests which were described as such in government records (but not notified under the IFA).
The Karnataka High Court recently dealt with a matter wherein the state government had passed several orders to de-notify lands classified as “state forest” (but not notified under IFA), and to divert them for non-forest purposes.
The lands were then allotted for the rehabilitation of displaced people. The state government completed this process of dereservation of reserved forests in 2017.
On March 4, 2021, the high court struck down actions of the state government for not taking “prior approval of the central government” as required under Section 2 of the FCA.
It recommended criminal action against any officers responsible for allowing non-forest use of forest land.

What lies ahead?

If the proposed amendment is enacted, the insertion of Section 1A(ii) would exempt the application of the FCA to the land which was converted to non-forest use by the Karnataka government.
The exemption of zoos and safaris from “non-forest purpose” comes a year after the government proposed to open a zoo in Mumbai’s Aarey forest and a tiger safari in Madhya Pradesh led to objections from biologists.
While state governments may certainly continue to seek dilution of the FCA during enforcement, the removal of the requirement of central government approval is a step towards a dilution of restrictions on forest land use.

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Judicial Appointments Conundrum Post-NJAC Verdict

Vacancies in High Courts

| Polity | Mains Paper 2: Executive & Judiciary

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Collegium System

Mains level: Judicial appointments and transparency issues

The Supreme Court has asked the government to clarify on the status of 55 recommendations made by the Collegium for judicial appointments to various High Courts six months to nearly a year-and-a-half ago.

What is the news?

HC Vacancies

The total sanctioned judicial strength in the 25 High Courts is 1,080.
However, the present working strength is 661 with 419 vacancies as on March 1.
The Supreme Court has been repeatedly conveying to the government its growing alarm at the judicial vacancies in High Courts.
Some of these High Courts are functioning only with half their sanctioned judicial strength.
On average, the courts suffered at least 40% judicial vacancies.

What is the Collegium System?

The Collegium of judges is the Indian Supreme Court’s invention.
It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
In effect, it is a system under which judges are appointed by an institution comprising judges.
After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

Try this PYQ:

Q.With reference to the Constitution of India, consider the following statements:

No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.

An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (d)

The Judges Cases

The First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

The procedure followed by the Collegium

Appointment of CJI

The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

Other SC Judges

For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

For High Courts

The CJs of High Courts is appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

Does the Collegium recommend transfers too?

Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

Loopholes in the Collegium system

Many have faulted the system, not only for its being seen as something unforeseen by the Constitution makers but also for the way it functions.
Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
The attempt made to replace it by a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.
Embroilment in public controversies and having relatives practising in the same High Court could be common reasons for transfers.

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Civil Services Reforms

[pib] Mission Karmayogi

PIB | Governance | Mains Paper 2: Civil Service

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Mission Karmayogi

Mains level: Civil Services Reforms

The Union Minister of Personnel, Public Grievances & Pensions has informed about the Mission Karmayogi to Parliament.

Try this MCQ:

Q.The Mission Karmayogi recently seen in news is related to:

a) EPFO reforms

b) Labour laws reforms

c) Civil Services reforms

d) Artisans and Handicrafts

Mission Karmayogi

The mission is established under the National Programme for Civil Services Capacity Building (NPCSCB).
It is aimed at building a future-ready civil service with the right attitude, skills and knowledge, aligned to the vision of New India.
It is meant to be a comprehensive post-recruitment reform of the Centre’s human resource development, in much the same way as the National Recruitment Agency approved last week is pre-recruitment reform.

Why such a mission?

The capacity of Civil Services plays a vital role in rendering a wide variety of services, implementing welfare programs and performing core governance functions.

Major undertakings of the scheme

The scheme will cover 46 lakh, Central government employees, at all levels, and involve an outlay of ₹510 crores over a five-year period, according to an official statement.
The programme will support a transition from “rules-based to roles-based” HR management so that work allocations can be done by matching an official’s competencies to the requirements of the post.
Apart from domain knowledge training, the scheme will focus on “functional and behavioural competencies” as well, and also includes a monitoring framework for performance evaluations.
Eventually, service matters such as confirmation after the probation period, deployment, work assignments and notification of vacancies will all be integrated into the proposed framework.
The capacity building will be delivered through the iGOT Karmayogi digital platform, with content drawn from global best practices rooted in Indian national ethos.

Apex bodies under the mission

The Prime Minister’s Public Human Resource Council will be set up as the apex body to direct the reforms.
There will be an autonomous Capacity Building Commission to be established to manage the reformed system and harmonize training standards across the country so that there is a common understanding of India’s aspirations and development goals.
A wholly government-owned, not-for-profit special purpose vehicle will be set up to own and operate the digital platform and its content.

Answer: C

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Learning economic lessons from Bangladesh

| Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- Lessons from Bangladesh's success

The article examines the key driving factors of Bangladesh’s stellar economic progress and draws lessons for India.

Overview of Bangladesh’s economic achievements

Bangladesh’s GDP growth in 2019 was an enviable 8.4 per cent — twice that of India’s during that year.
It is one of the few countries to have maintained a positive growth rate during the COVID-19 pandemic.
Its GDP per capita is just under $2,000 — almost the same as India’s.
In five years, by 2026, Bangladesh will drop its least developed country tag, and move into the league of developing countries — on a par with India.

Parallels between Vietnam and Bangladesh’s progress

Vietnam instituted market and economic reforms in 1986, which enabled it to achieve rapid economic growth and industrialisation.
It began with the manufacturing of textiles and garments and moved into making mobiles and electronics.
As supply chains diversify from China, Vietnam is a beneficiary.
It is now the “+1” in the “China +1” strategy of multinationals.
Vietnam has signed trade agreements and inserting itself into global supply chains.
Bangladesh has followed a similar strategy.
Its rise is directly connected with the textiles and garments industry, which accounts for 80 per cent of the country’s exports.
Bangladesh also enjoys preferential trade treatments with the European Union, Canada, Australia, and Japan with negligible or zero tax.
With India too, Dhaka has a zero-export duty on key products like readymade garments.
Like Vietnam, its foreign investment regime is investor-friendly.
For instance, Bangladesh’s liberal FDI policy allows 100 per cent equity in local companies and no limits on repatriation of profits in most sectors.
Indian companies are increasingly present in Bangladesh, and Indian products are popular — an outcome of a strong cultural affinity.

Women in workforce and microfinance

The world’s most successful and pioneering microfinance organisations like Grameen and BRAC have aided small businesses in the country, and regionally.
Many of these schemes, over the years, were directed at women.
This has paid dividends not just in financial independence, but also in encouraging them to work outside the home.
Consequently, Bangladesh’s workforce in its textiles sector is almost all women — 95 per cent women in an industry which is 80 per cent of Bangladesh’s exports.

Role of government schemes

This, along with government schemes like Pushti Apas (Nutrition Sisters) and community health clinics has helped Bangladesh in the development indices.
Bangladesh fares better on infant mortality, sanitation, hunger and gender equality than many countries including India.

Key lessons for India

Increasing women in the workforce, liberalising internal and external trade, and making micro lending accessible, are some of the lessons.
But so is the goal of being a global hub for the sub region, building special economic zones which requires infrastructure, connectivity and a welcoming environment for investors both domestic and foreign.
both countries have suffered since 1947, without connectivity, at huge cost.
It is time to integrate our power systems, think about free trade, liberalise the visa regime.

Conclusion

India need not always carry the burden of South Asia’s development alone. It now has a partner with whom to collaborate effectively towards achieving that goal.

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How fiscal stimulus in the U.S. will impact emerging economies

op-ed snap | Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- Uneven economic recovery at the global level and policy challenges it poses

The article highlights how the faster recovery of the U.S. economy aided by the faster vaccination and stimulus packages may pose a policy challenge to the emerging economies.

About the fiscal stimulus in the U.S.

With the recent passage of Biden’s $1.9 trillion coronavirus relief package, the cumulative fiscal stimulus amounts to 25 per cent of GDP.
This reliance on fiscal stimulus is in sharp contrast to the policy response in the aftermath of the 2008 global financial crisis (GFC) when monetary policy was the main tool.
The over reliance on fiscal measures is because of the “liquidity trap” — interest rates are already treading close to zero.

So, what does this mean for the US and emerging economies?

From the US perspective, this is good news.
The U.S. economy is expected to converge to the pre-pandemic GDP projection after the third quarter of 2021, exceeding it by 1 per cent in the fourth quarter.
The impact on emerging economies is less certain.
A booming US economy generally bodes well for global growth as higher demand “spills over” to the rest of the world.
However, the sectoral contribution to US growth presents a different picture this time.
Private consumption of goods (tradable) is already back to pre-pandemic levels, while consumption of services remains significantly below pre-pandemic levels.
As the vaccination drive gathers pace in the US and the economy slowly opens up, it should be fair to assume that the non-tradable sector would be driving growth.
But given the expected nature of the underlying growth, the positive impact on emerging economies will perhaps be softer.
With smaller fiscal stimulus in emerging economies and the slower vaccine roll, the US recovery largely being led by the non-tradable sector will result in a divergence in growth between the US and emerging countries.

Policy challenge for emerging economies which is different from GFC

Post-GFC, a combination of zero interest rates and quantitative easing in advanced economies led to a significant surge in capital inflows to emerging countries in search of higher yield leading to an appreciation of their currencies.
Now, the situation is exactly the opposite.
The differential rate of recoveries has already led to capital outflow from emerging economies.
The rise in yield in the U.S. may further fuel capital outflows in coming days leading to tighter monetary conditions in emerging markets.

What should be India’s policy response

As far as India is concerned, the macro-economic fundamentals are much stronger than during the taper-tantrum days.
The foreign exchange reserves remain at historically high levels, the current account situation is comfortable and the inflation rate remains within the target band of the RBI.
In the event of capital outflows, the RBI should let the currency depreciate as the first line of defence to preserve India’s external competitiveness and intervene only to smoothen out extreme volatility.
It should avoid the temptation to increase interest rates at the risk of hurting the pace of economic recovery.

Consider the question “Uneven economic recovery on the global level poses a policy challenge to India. In this context, discuss the possible impact of uneven recovery and suggest the policy measures to deal with it.”

Conclusion

Uneven recovery at the global level demands an unconventional policy approach. The policy approach of India should be based on this premise.

Back2Basics: Taper Tantrum

The phrase, taper tantrum, describes the 2013 surge in U.S. Treasury yields, resulting from the Federal Reserve’s (Fed) announcement of future tapering of its policy of quantitative easing.
The Fed announced that it would be reducing the pace of its purchases of Treasury bonds, to reduce the amount of money it was feeding into the economy.
The ensuing rise in bond yields in reaction to the announcement was referred to as a taper tantrum in financial media.

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Disinvestment in India

Why privatising public assets is poor economics

op-ed snap | Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- How fiscal deficit financed government spending leads to wealth inequality

The article highlights the issues with government expenditure driven by the selling of public sector assets.

How public asset selling could affects private investment decisions

Public sector assets are not bought by reducing consumption or investment.
Current investment expenditure depends on decisions taken in the past and is more or less pre-determined.
Investment decisions that are taken today for fructification tomorrow that may be scaled down by such a purchase.
However, if investment decisions taken today are scaled-down, then it results in crowding out and such a strategy should be avoided anyway.
This implies that selling public sector assets therefore does not release any resources from private use for government spending.

How selling public asset has same macroeconomic effect as fiscal deficit

In case of fiscal deficit, the government puts its bonds in private hands; in sale of a public asset, the government puts its equity held in public sector assets in private hands.
The macroeconomic consequences of a fiscal deficit on the economy are no different from those of selling public assets.
However, finance capital, and institutions like the IMF treat the sale of public assets on a different footing from a fiscal deficit, for ideological — not economic — reasons, because they ideologically favour a dismantling of the public sector.

How fiscal deficit leads to wealth inequality

In a situation of demand-constraints, where unutilised capacity and unemployed workers exist aplenty, if an appropriate monetary policy is pursued, it can have no adverse effects whatsoever, except one: It increases wealth inequality.
The government expenditure financed by the fiscal deficit creates additional aggregate demand that increases output and incomes until the additional savings generated out of such incomes exactly match the fiscal deficit.
These additional savings accrue to the savers without their having to reduce their consumption, compared to the initial situation (that is, prior to government expenditure increase).
Since savings represent additions to wealth, this amounts to putting extra wealth into the hands of the rich.
Selling public assets puts into private hands public assets, and that too at prices well below the capitalised value of earnings.
This increases wealth inequality for two reasons:
First, it does so exactly as a fiscal deficit does.
Second, the public asset it puts in private hands is under-priced.

Why tax financed government spending should be preferred

If the same government expenditure is financed by taxation, no matter who was taxed, then there would be no addition to private wealth and hence no increase in wealth inequality.
Which is why tax-financed government expenditure should always be preferred to fiscal-deficit-financed government expenditure.

What alternative government have

The obvious one is wealth taxation.
Taxing away the private wealth created by a fiscal deficit leaves private wealth inequality unchanged at its initial level; it does not exacerbate it.
If the government is unwilling to impose higher wealth or profit taxes, it can raise GST rates on several luxury goods.

Consider the question “How fiscal deficit financed government spending differs in its impact on weath inequality from the tax-financed government spending?”

Conclusion

Thus, selling public assets to finance government spending is both undesirable and unnecessary.

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Judicial Appointments Conundrum Post-NJAC Verdict

Justice NV Ramana set to take over as 48th CJI

| Polity | Mains Paper 2: Executive & Judiciary

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Appointment of CJI

Mains level: Judicial appointments and transparency issues

The Chief Justice of India Sharad Bobde has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court, as the next top judge from April 24.

Chief Justice of India

The CJI is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian federal judiciary.

Appointment

The Constitution of India grants power to the President to nominate, and with the advice and consent of the Parliament, appoint a chief justice, who serves until they reach the age of 65 or until removed by impeachment.
Earlier, it was a convention to appoint seniormost judges.
However, this has been broken twice. In 1973, Justice A. N. Ray was appointed superseding 3 senior judges.
Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna.

Qualifications to be a SC Judge

The Indian Constitution says in Article 124 (3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:

He/She is a citizen of India and
has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
is, in the opinion of the President, a distinguished jurist

Also read:

Explained: Collegium of Judges

Functions

As head of the Supreme Court, the CJI is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.
In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges.

On the administrative side, the CJI carries out the following functions:

maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court

Try this PYQ:

Q. Who/Which of the following is the custodian of the Constitution of India?

(a) The President of India

(b) The Prime Minister of India

(c) The Lok Sabha Secretariat

(d) The Supreme Court of India

Removal

Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court which is applicable to chief justices as well.
Once appointed, the chief justice remains in the office until the age of 65 years. He can be removed only through a process of removal by Parliament as follows:
He/She can be removed by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present.
The voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

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North-East India – Security and Developmental Issues

Sixth Schedule areas of Assam

| Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sixth Schedule

Mains level: Read the attached story

The Ministry of Home Affairs (MHA) has informed the Lok Sabha that presently, there is no proposal to implement the Panchayat system in the Sixth Schedule areas of Assam.

Try this question from CSP 2015:

Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

(a) protect the interests of Scheduled Tribes

(b) determine the boundaries between States

(c) determine the powers, authority and responsibilities of Panchayats

(d) protect the interests of all the border States

What is the Sixth Schedule?

The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
The governors of these states are empowered to reorganize the boundaries of the tribal areas.
In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.
They can also alter or change the names of autonomous regions without separate legislation.

Autonomous districts and regional councils

The ADCs are empowered with civil and judicial powers can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.
Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.
Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.
In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura.

The specified tribal areas are the North Cachar Hills, Karbi Anglong and the Bodoland Territorial Area in Assam, Khasi Hills, Jaintiya Hills and Garo Hills in Meghalaya, Tribal Areas in Tripura, Chakma, Mara and Lai districts in Mizoram.

These regions are named as district council of (name of district) and regional council of (name of region).
Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.

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Wildlife Conservation Efforts

Inter-state Tiger Relocation Project

| Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NPs mentioned in the news

Mains level: Tiger relocation issues

Sundari — a tigress shifted as part of India’s first inter-state translocation project in 2018 from Madhya Pradesh to Odisha has returned home.

What is the news?

The five-year-old tigress Sundari spent 28 months in captivity in Satkosia Tiger Reserve, Odisha.
The two states lingered on the process for her relocation despite the National Tiger Conservation Authority (NTCA) shelving off the much-vaunted inter-state tiger translocation drive.

What was the Tiger Relocation Project?

The tiger relocation project was initiated in 2018 wherein two big cats, a male (Mahavir) from Kanha Tiger Reserve and a female (Sundari) from Bandhavgarh from MP were relocated to Satkosia Tiger Reserve in Odisha.
The relocation was meant to serve two purposes

to reduce the tiger population in areas with excess tigers to majorly reduce territorial disputes and
to reintroduce tigers in areas where the population has considerably reduced due to various reasons

How were Mahavir and Sundari chosen for the project?

Both the big cats were selected for the translocation project as per the NTCA guidelines and in collaboration with the Wildlife Institute of India and the GoI.
Two key factors were considered for choosing the animal — first, a dispersing young animal which is to find a new and second, an adult transient which was yet to establish any territory.

What is the Satkosia Tiger Reserve and why was it chosen?

Encompassing an area of 963.87 sq km, the Satkosia Tiger Reserve spreads across four districts and has as its core area 523 sq km.
According to NTCA, Satkosia falls under reserves where “there is a potential for increasing tiger populations”.
Declared as a Tiger Reserve in 2007, Satkosia had a population of 12 tigers then. The numbers reduced to two in 2018.
The purpose of the relocation was to repopulate tigers in the reserve areas.

Try this PYQ from CSP 2020:

Q.With reference to India’s Desert National Park, which of the following statements is correct?

It is spread over two districts.

There is no human habitation inside the Park.

It is one of the natural habitats of Great Indian Bustard.

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1,2 and 3

Unexpected outcomes of the project

The project ran into trouble within weeks of initiation.

The arrival of the tigers was followed by severe protests by villagers living on the fringes of the reserve and the matter eventually snowballing into a poll issue.
Forest department officials were attacked and their offices burnt down by irate villagers most of whom were tribals.
The villagers feared the big cats would endanger their livelihoods, lives and livestocks. They also alleged that they were not consulted or informed prior to the translocation.
The major reason which contributed to the failure of the project was the lack of confidence and trust-building between the forest department and the villagers.
Within months of the translocation, Mahavir was found dead and was killed in poaching.

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Traffic jam in the Suez Canal

Places in news | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Suez Canal

Mains level: Not Much

A massive cargo ship has turned sideways in Egypt’s Suez Canal, blocking traffic in a crucial East-West waterway for global shipping.

Try this PYQ:

Q.Between India and East Asia, the navigation time and distance can be greatly reduced by which of the following?

Deepening the Malacca straits between Malaysia and Indonesia.

Opening a new canal across the Kra isthmus between the Gulf of Siam and Andaman sea.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Suez Canal

The Suez Canal is an artificial sea-level waterway in Egypt, connecting the Mediterranean Sea to the Red Sea through the Isthmus of Suez; and dividing Africa and Asia.
Constructed by the Suez Canal Company between 1859 and 1869, it officially opened on 17 November 1869.
The canal was earlier controlled by British and French interests in its initial years but was nationalized in 1956 by Egypt’s then leader Gamal Abdel Nasser.
It extends from the northern terminus of Port Said to the southern terminus of Port Tewfik at the city of Suez.
Its length is 193.30 km including its northern and southern access channels.

Its significance

The Suez Canal provides a crucial link for oil, natural gas and cargo being shipping from East to West.
It provides a major shortcut for ships moving between Europe and Asia, who before its construction had to sail around Africa to complete the same journey.
Around 10 % of the world’s trade flows through the waterway and it remains one of Egypt’s top foreign currency earners.
As per a report, the canal is a major source of income for Egypt’s economy, with the African country earning $5.61 billion in revenues from it last year.

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Wildlife Conservation Efforts

Places in news: Zabarwan Mountains

Places in news | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Zabarwan Mountains

Mains level: NA

Prime Minister has asked tourists to visit the tulip garden, located at the foothills of the Zabarwan range in Jammu and Kashmir.

Try this PYQ from CSP 2020:

Q.Siachen Glacier is situated to the

(a) East of Aksai Chin

(b) East of Leh

(c)North of Gilgit

(d) North of Nubra Valley

Zabarwan Mountains

The Zabarwan Range is a short sub-mountain range between Pir Panjal and the Great Himalayan Range in the central part of the Kashmir Valley.
Specifically, the range is known to be what overlooks the Dal Lake and holds the Mughal gardens of Srinagar.
The Shankaracharya Temple is built on the edge of the central part of the Zabarwan Range.
The highest peak of this range is Mahadev Peak at 13,013 feet (3,966 m), which forms the distant background of the eastern mountain wall.
On the northern slopes of the central part of the range, there are three Mughal gardens built by Emperor Shah Jahan.
These include Chashma Shahi, Nishat Bagh and Shalimar Garden alongside the Pari Mahal (the fairy palace).
The Dachigam National Park is the main feature of the range which holds the last viable population of Kashmir stag (Hangul) and the largest population of black bear in Asia.

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