Note4Students
From UPSC perspective, the following things are important :
Prelims level: Farm laws
Mains level: Paper 2- Repeal of the laws and its implications
Context
Parliament’s “performance” is assessed at the end of a session, typically in terms of bills discussed and passed. It is equally necessary to take stock of the issues facing the country and set expectations about what Parliament should be doing when the session is to commence.
Analysing the repeal of laws from the standpoint of the parliamentary system and the functioning of Parliament
- In the current session, three farm Acts will probably be presented for repeal.
- Not referred to select committee: Three Acts were passed earlier amidst demands to refer them to a select committee.
- This Lok Sabha — increasingly the Rajya Sabha as well — poses a riddle for the theory of representative democracy.
- The ruling majority has a handsome majority — a 300 plus representation in the Lok Sabha — and by the standards of the FPTP system, a reasonable vote share of over 37 per cent.
- Yet, laws passed by Parliament are increasingly being seen as unacceptable.
- This non-acceptance is, perhaps, restricted to a small section. But the arguments put forward by them remain persuasive.
- The “majority” government seems less representative than many minority governments of the past.
- The government may have the majority in numbers, but does not have the capacity to take the majority along.
- At this juncture, an important responsibility lies with the Opposition.
Suggestions
1] Role of the opposition
- Coordinate: In Parliament, the Opposition will need to ensure coordination on common issues, strategise on parliamentary procedures and above all, endeavour to represent voices that have been suppressed by the current regime.
- Avoid disruption: Acrimony might be unavoidable given that the current regime doesn’t give adequate respect to differences of opinion.
- But it is incumbent on the Opposition to avoid creating pandemonium merely as a tactic.
- Noise and sloganeering cannot replace the responsibility to represent.
- Pandemonium is only a cover up for bad coordination and lack of homework.
2] Role of the ruling party MPs
- Probe the executive: The role of ruling party MPs is not merely to ram through the House whatever the government wishes but to also probe the executive delicately.
- Assert the role as a representative: In allowing the government to sidestep all opposition, the MPs from the ruling party create an atmosphere wherein they lose any semblance of authenticity in their role as representatives.
- Independence of ruling party members is connected both to intra-party democracy and to intra-party factionalism.
- Need for intellectual position: It is also important that they have an intellectual position of their own.
- The litmus test to their independence will be in how they express themselves in Parliament.
- In any case, for Parliament to regain its representative character, ruling party members need to be more sincere about the parliamentary system, and unafraid of executive power.
3] Role of civil society
- Protests have played, and will continue to play, a critical role in forcing us to confront the issue of representation.
- It must be reiterated that no democracy can exist without a robust civil society.
- Its tension-ridden relationship with party politics must be recognised.
- In that sense, the rising antinomy between Parliament and protests is more because of the unrepresentativeness of Parliament than due to the rebellious ways of civil society.
Consider the question “What is the significance of the opposition to the laws enacted by the legislature? Suggest the steps need to be taken by the various participants in democracy.”
Conclusion
All the participants in the democracy need to recognise their role and ensure the the smooth functioning of democracy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MFN status
Mains level: Paper 2- India-Pakistan relations
Context
The recent partial opening of land borders between India and Pakistan signals a thaw in the troubled relations between the two South Asian neighbours.
How normalising relations with Pakistan help India?
- Reduce India’s vulnerability to China: From the Indian standpoint, as a Centre for Policy Research report argues, a continuing freeze in relations with Pakistan will “enhance India’s external vulnerability to other actors, in particular, China”.
- Impact on bilateral trade: After the Pulwama terror attack, bilateral trade between the two countries plummeted from around $2 billion in 2017-18 to a paltry $280 million in 2020-21 (April to February).
Steps to normalise relations
1] Pakistan needs to revoke suspension of trade with India
- Pakistan needs to revoke the unilateral suspension of trade with India undertaken in August 2019 due to India’s decision to dilute Article 370.
- Suspension against GATT and SAFTA: The trade suspension by Pakistan is inconsistent with the General Agreement on Tariffs and Trade (GATT) and the South Asian Free Trade Area (SAFTA) agreement — the two international law instruments that regulate trade between India and Pakistan.
- GATT, as part of the World Trade Organisation (WTO), allows countries to adopt trade-restraining measures on certain grounds such as public health and conservation of exhaustible natural resources (Article XX) and for national security purposes (Article XXI).
- Neither the WTO nor SAFTA permits a country to suspend trade with another member country on grounds that it disapproves a domestic law enacted by the latter.
2] Pakistan needs to confer MFN status on India
- Pakistan needs to reverse its practice of not according the most favoured nation (MFN) status to India.
- MFN is a principle of non-discrimination in trade given in Article I of GATT.
- Breach of GATT: Pakistan is in breach of Article I of GATT towards India since the formation of the WTO in 1995.
3] India should restore Pakistan’s MFN status
- India should restore Pakistan’s MFN status that it revoked after the Pulwama terror attack by hiking the tariff rates on all Pakistani imports to an unfeasible rate of 200 per cent.
- Such a move by India will put the ball in Pakistan’s court.
- If Pakistan fails to reciprocate, India should exert pressure on Islamabad by mounting a legal challenge.
4] Explore the special trading arrangement under GATT
- Article XXIV.11 allows India and Pakistan to enter into any special trading arrangement without fully complying with GATT conditions that typically apply to countries signing free trade agreements.
- This merciful rule that only India and Pakistan enjoy, out of 160 odd WTO members, was incorporated in GATT to enable the two sides to overcome the economic hardships caused by Partition.
Consider the question “How normalising trade relations will India and Pakistan? Suggest the steps both the countries need to take in this regard.”
Conclusion
India should appreciate that the rise of China, not Pakistan, poses the graver threat. Strengthening bilateral trade can be an important lever towards establishing a working relationship with Pakistan.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: EWS Quota
Mains level: Issues with EWS quota
The Union Government has decided to revisit the criteria set out for eligibility for its 10% reservation under the economically weaker sections (EWS) category within a month.
Context
- The decision came after the Supreme Court closely questioned it on how it arrived at the income figure.
- The Supreme Court is considering a case to the implementation of 27% reservation for the Other Backward Classes and 10% for the EWS under the all-India quota for medical admissions.
How was EWS reservation introduced?
- The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
- It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
- It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
- It also added Clause (6) to Article 16 to facilitate reservation in employment.
- The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.
Significance of the quota
- The Constitution initially allowed special provisions only for the socially and educationally backward classes.
- The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.
What are the criteria to identify the section?
- The main criterion is that those above an annual income limit of ₹8 lakh are excluded.
- It accounts income from all sources such as salary, business, agriculture and profession for the financial year prior to the application of the family, applicants, their parents, siblings and minor children.
- Possession of any of these assets, too, can take a person outside the EWS pool:
- Five or more acres of agricultural land
- A residential flat of 1,000 sq.ft. and above
- A residential plot of 100 square yards and above in notified municipalities, and
- A residential plot of 200 square yards and above in other areas
What are the court’s questions about the criteria?
- Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
- Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at ₹8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
- Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
- Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
- OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
- Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
What is the current status of the EWS quota?
- The reservation for the EWS is being implemented by the Union Government for the second year now.
- Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
- The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
- However, when the number picks up over time, the cut-off marks are expected to rise.
Way forward
- The per capita income or GDP in all States, or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNCITRAL, IBC
Mains level: Cross border insolvency proceedings
The Ministry of Corporate Affairs (MCA) has published a draft framework for cross-border insolvency proceedings based on the UNCITRAL (United Nations Commission on International Trade Law) model under the Insolvency and Bankruptcy Code.
About Insolvency and Bankruptcy Code (IBC)
- The IBC, 2016 is the bankruptcy law of India that seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy.
- It is a one-stop solution for resolving insolvencies which previously was a long process that did not offer an economically viable arrangement.
- The code aims to protect the interests of small investors and make the process of doing business less cumbersome.
Cross border insolvency proceedings
- Cross-border insolvency proceedings are relevant for the resolution of distressed companies with assets and liabilities across multiple jurisdictions.
- A framework for cross-border insolvency proceedings allows for the location of such a company’s foreign assets, the identification of creditors and their claims.
- This helps establishing payment towards claims as well as a process for coordination between courts in different countries.
Current status of foreign stakeholders and courts in other jurisdictions under IBC
- While foreign creditors can make claims against a domestic company, the IBC currently does not allow for automatic recognition of any insolvency proceedings in other countries.
- Current provisions under the IBC do not allow Indian courts to address the issue of foreign assets of a company being subjected to parallel insolvency proceedings in other jurisdictions.
The UNCITRAL model
- The UNCITRAL model is the most widely accepted legal framework to deal with cross-border insolvency issues.
- It has been adopted by 49 countries, including the UK, the US, South Africa, South Korea and Singapore.
- The law allows automatic recognition of foreign proceedings and rulings given by courts in cases where the foreign jurisdiction is adjudged.
- Recognition of foreign proceedings and reliefs is left to the discretion of domestic courts when foreign proceedings are non-main proceedings.
- The model law deals with four major principles of cross-border insolvency:
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- Direct access to foreign insolvency professionals and foreign creditors to participate in or commence domestic insolvency proceedings against a defaulting debtor.
- Recognition of foreign proceedings & provision of remedies.
- Cooperation between domestic and foreign courts & domestic and foreign insolvency practitioners.
- Coordination between two or more concurrent insolvency proceedings in different countries. The main proceeding is determined by the concept of Centre of Main Interest (COMI).
- The COMI for a company is determined based on where the company conducts its business on a regular basis and the location of its registered office.
- It is designed to assist States in reforming and modernizing their laws on arbitral procedure so as to take into account the particular features and needs of international commercial arbitration.
Issues with Indian framework
- The framework for cross-border insolvency adopted in India may require reciprocity from any country which seeks to have its insolvency proceedings recognized by Indian courts.
- This would allow Indian proceedings for foreign corporate debtors to be recognized in foreign jurisdictions.
Back2Basics: UNCITRAL
- It is an affiliate organization to the UN made up of business and legal professionals.
- This group develops model standards and procedures for dealing with issues affecting international business.
- Perhaps most notably, UNCITRAL promulgated the Convention on International Sale of Goods (CISG).
- The CISG is a model law commonly used as the governing provisions in contracts between parties from different nations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indus valley civilization
Mains level: Not Much
A group of researchers has been able to collect bones and teeth samples of over 2,000 such ancient specimens from regions from where domestic horses could have originated.
Research on horse domestication
- The research has studied fossils from the Iberian Peninsula in the southwestern corner of Europe, or the western-most edge of Eurasia (Spain and its neighbours), Anatolia (modern Turkey), and the steppes of Western Eurasia and Central Asia.
- These collective data have led them to decide that until about 4200 BCE, many distinct horse populations inhabited various regions of Eurasia.
Key findings of the research
- A similar genetic analysis has found that horses with the modern domestic DNA profile lived in the Western Eurasian Steppes, particularly the Volga-Don River region.
- By around 2200–2000 BCE, these horses spread out to Bohemia (the Czech Republic of today and Ukraine), and Central Asia and Mongolia.
- These horses were bred by breeders from these countries to sell them to countries that demanded them.
- Riding on horses became popular in these nations by around 3300 BCE, and armies were built using them, for example, in Mesopotamia, Iran, Kuwait and the ‘Fertile Crescent’ or Palestine.
- The first spoke-wheeled chariots emerged around 2000-1800 BC.
Indian story
- Horses were never native to India.
- The only animals native to India were the Asian elephant, snow leopard, rhinoceros, Bengal tiger, Sloth bear, Himalayan wolf, Gaur bison, red panda, crocodile, and the birds peacock and flamingo.
- Thus, it seems clear from these sources that horse is not native to India.
- Horses must have come into India through inter-regional trading between countries.
- Indians might have traded their elephants, tigers, monkeys, birds to their neighbours and imported horses.
When did India get its horses?
- Horse-related remains and artefacts have been found in Late Harappan sites (1900-1300 BCE).
- Horses did not seem to have played an essential role in the Harappan civilization.
- This is in contrast to the Vedic Period, which is a little later (1500-500 BCE).
- The Sanskrit word for horse is Ashwa, which is mentioned in the Vedas and Hindu Scriptures.
- These are roughly towards the end of the late Bronze Age.
Try this PYQ:
Q. With reference to the difference between the culture of Rigvedic Aryans and Indus Valley people, which of the following statements correct?
- Rigvedic Aryans used the coat of mail and helmet in warfare whereas the people of Indus Valley Civilization did not leave any evidence of using them.
- Rigvedic Aryans knew gold, silver and copper whereas Indus Valley people knew only copper and iron.
- Rigvedic Aryans had domesticated the horse whereas there is no evidence of Indus Valley people having been aware of this animal.
Select the correct answer using the code given below:
(a) Only 1
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Good Samaritan Scheme
Mains level: Road safety issues in India
The Good Samaritan scheme, meant to encourage and felicitate those helping road accident victims, has received a poor response from the states more than a month since its launch.
Good Samaritan Scheme
- The Road Transport and Highways Ministry announced this scheme so that taking a road crash victim to hospital is not just hassle-free but there is also the incentive of a reward and recognition.
- Historically, Indians are reluctant in taking victims to hospital because of associated legal processes and investigations that follow.
- To address that, the Centre inserted Section 134A in the Motor Vehicles (Amendment) Act, 2019, which deals with “Protection of Good Samaritans”.
Need for such scheme
- India witnesses around 5 lakh road accidents and 1.5 lakh deaths from them every year.
- As per several government assessments and independent studies, a large number of deaths occur because the victims did not get medical help within the golden hour.
Key features of the scheme
- Non-liability: Under the scheme, a good samaritan will not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle.
- Reward: The scheme entitles any person, who helps save a life by taking a road crash victim to the hospital during golden hour, to a reward of Rs 5,000 per accident.
- Anonymity clause: The new law is that the “Good Samaritan” is free to not disclose their name to the hospital or law enforcement authorities; they can also choose not to take part in any legal process.
Issues with the scheme
Ans. Poor response from the states
- Despite the Centre willing to give an initial grant of Rs 5 lakh for it, states have not even opened bank accounts to get the money.
- The Ministry of Road Transport and Highways has sent several reminders to states to operationalize the scheme.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: COVID mutation
Mains level: Not Much
A new lineage of SARS-CoV-2 has been designated as a Variant of Concern (VoC) by the World Health Organization (WHO) and has been named Omicron.
Behind the name: Omicron
- The WHO has been using Greek letters to refer to the most widely prevalent coronavirus variants, which otherwise carry long scientific names.
- It had already used 12 letters of the Greek alphabet before the newest variant emerged in South Africa this week.
- After Mu, the 12th named after a Greek letter, WHO selected the name Omicron, instead of Nu or Xi, the two letters between Mu and Omicron.
- The WHO said Nu could have been confused with the word ‘new’ while Xi was not picked up following a convention.
Why is the Omicron variant interesting?
- The Omicron variant is interesting due to the fact that it has a large number of mutations compared to other prevalent variants circulating across the world.
- This includes 32 mutations in the spike protein.
- Many of these mutations lie in the receptor-binding domain of the spike protein, a key part of the protein required for binding to the human receptor proteins for entry into the cell.
- It can thus play an important role in recognition by antibodies generated due to a previous infection or by vaccines.
What do spike mutations do?
- Many of the mutations in the spike protein have been previously suggested to cause resistance to antibodies as well as increased transmission.
- Thus, there is a possibility that this variant could be more likely to re-infect people who have developed immunity against previous variants of the virus.
- The behavior of the virus is not yet accurately predictable based on the evidence on individual mutations.
Does the variant result in vaccine breakthrough infections?
- Some of the initial individuals identified to be infected with the variant have been vaccinated for COVID-19 and therefore the variant can indeed cause vaccine breakthrough infections.
- This should not be of concern, since the prevalent variants of concern including Delta have been shown to cause breakthrough infections.
- Whether the variant causes more breakthrough infections than Delta is not currently known.
How can we be prepared for the variant?
- Enhanced surveillance and genome sequencing efforts are essential to detect and track the prevalence of the Omicron variant.
- Rapid sharing of genome sequences of the virus and the epidemiological data linked with it to publicly available databases will help in developing a better understanding of the variant.
- Existing public health and social measures need to be strengthened to control and prevent transmission.
- Enhancing vaccination coverage across different regions along with access to testing, therapeutics and support will be essential for combating the new variant.
- Equitable access to vaccines would be key to controlling the Omicron variant, and slowing down the emergence of any future variants.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Nuclear Projects in India
Mains level: Nuclear Energy
If built on time, Jaitapur Project in Maharashtra would be the largest nuclear power generating station in the world by net generation capacity, at 9,900 MW.
Jaitapur Nuclear Power Project
- Jaitapur Project is a proposed nuclear power plant in India.
- The power project is proposed by Nuclear Power Corporation of India (NPCIL) and would be built at Madban village of Ratnagiri district in Maharashtra.
- It is being built with technical cooperation from France.
Project description
- It is proposed to construct 6 European Pressurized Reactors designed and developed by Framatome (former Areva) of France, each of 1650 MW, thus totaling 9900 MW.
- These are the third generation pressurized water reactors (PWR).
- The cost of building the plant is about ₹20 crore (US$2.7 million) per MW electric power compared with ₹5 crore (US$660,000) per MW electric power for a coal power station.
- A consortium of French financial institutions will finance this project as a loan. Both French and Indian government will give sovereign guarantee for this loan.
Issues with the project
(I) Liability for nuclear damage
- The lack of clarity on the Civil Liability for Nuclear Damage Bill 2010 passed in Indian Parliament in August 2010 is a hurdle in finalizing deal.
- This Civil Liability for Nuclear Damage Bill 2010 has a clause that deals with the legal binding of the culpable groups in case of a nuclear accident.
- It allows only the operator (NPCIL) to sue the manufacturers and suppliers. Victims will not be able to sue anyone.
(II) Clearance issue
- Environmental effects of nuclear power and geological issues have been raised by anti-nuclear activists of India against this power project.
- Even though the Maharashtra state govt completed land acquisition in 2010, only few people had accepted compensation cheques.
(III) Seismicity of the area
- Since Jaitapur is a seismically sensitive area, the danger of an earthquake has been foremost on the minds of people.
- According to the Earthquake hazard zoning of India, Jaitapur comes under Zone III. This zone is called the moderate Risk Zone and covers areas liable to MSK VIII.
- The presence of two major creeks on the proposed site has been ignored while clearing the site.
(IV) Nuclear waste disposal
- It is not clear where the nuclear waste from the site will be shipped for recycling or removed for disposal.
- The plant is estimated to generate 300 tonnes of used nuclear fuel each year.
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