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Civil Services Reforms

Changes needed in lateral entry requirements

op-ed snap | Governance | Mains Paper 2: Civil Service
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Making lateral entry a success

It has been a while since the government introduced the provision of lateral entry into civil services. This article suggests the changes that need to be made in the system to attract the best talent and facilitating their success.

Administrative reforms in India

  • The lack of administrative reform in India has frustrated many stakeholders for a long time.
  • One of the key focus areas of such reform is enabling lateral entry into an otherwise permanent system of administrators.
  • Eight professionals were recruited for joint secretary-level positions in various ministries.
  • Some other positions at the joint secretary and director-level have been advertised.

Changes needed

1) Entry requirements need to be relaxed

  • In the permanent system, IAS officers get promoted to joint secretary level after 17 years of service and remain at that level for ten years.
  • If similar experience requirements are used for lateral entry, it is unlikely that the best will join because in the private sector they rise to the top of their profession at that age.
  •  To attract the best talent from outside at the joint secretary level, entry requirements need to be relaxed so that persons of 35 years of age are eligible.

2) Facilitating lateral entrants for success

  • There are many dimensions to this. For a start, there are several joint secretaries in each ministry who handle different portfolios.
  • If assigned to an unimportant portfolio, the chances of not making a mark are high.
  • A cursory look at the portfolios of the eight laterally-hired joint secretaries doesn’t suggest that they hold critical portfolios.
  • There must also be clarity in what precisely is the mandate for the lateral entrant.
  • To be disrupters, lateral entrants need to be able to stamp their authority on decision making.
  •  For this to happen, there need to be more lateral entrants at all levels in ministries.
  • In the functioning of government, there is a long chain in decision-making and a minority of one cannot override it.
  • Also, it requires an understanding of the system and an ability to work with the “permanent” establishment.
  • No training or orientation is provided for this.

Consider the question “What are the advantages of lateral entry in the civil services? What are the challenges in the success of lateral entrants? Suggest the measures to improve it.”

Conclusion

Lateral entry, like competition in any sphere, is a good thing. But serious thinking is required on entry requirements, job assignments, number of personnel and training to make it a force for positive change. Some reform of the “permanent” system — particularly its seniority principle — may be a prerequisite.

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e-Commerce: The New Boom

How e-commerce marketplaces can drive MSME makeover

op-ed snap | Economics | Mains Paper 3: Issues relating growth and development, employment
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- E-commerce to aid MSMEs

Facilitating manufacturing through MSMEs

  • A significant major contributor to the India growth story is going to be manufacturing.
  • Manufacturing by small units, cottage units and MSMEs, if effectively facilitated, will be the game changer.
  • For MSMEs to be sustainable and effective, the need of the hour is not just better automation but also more channels for accessing greater markets and opportunities to become a part of the national and global supply chains.
  • E-commerce marketplaces are today the best possible enablers for this transformation at minimal cost, innovation and investment.

Need to invest in digital transformation and technology

  • China captured the world market through the traditional method of having guilds and business centres.
  • Today, digital empowerment is the key differentiator.
  • Without that, our MSMEs will not be future ready.
  • E-commerce allows products even from hinterlands to get to the national market, thus, providing opportunities to artisans and small sellers from Tier-2/3 towns to sell online to customers beyond their local catchment.
  • By investing in supply chains, the e-commerce sector provides opportunities for MSMEs to partner them in supply and delivery networks.
  • Start-ups and young brands are also finding opportunities to build national brands and even going global.
  • This leads to additional income generation through multiple livelihood opportunities.
  • Many offline stores are also adopting e-commerce to leverage these opportunities and the traditional and modern retail models are moving towards more offline and online collaborations.

Challenges in building robust e-commerce sector

1) No GST threshold exemption

  • Sellers on e-commerce marketplaces do not get advantage of GST threshold exemption (of Rs 40 lakh) for intra–state supplies.
  • Online suppliers have to “compulsorily register” even though their turnover is low.
  • Offline sellers enjoy this exemption up to the turnover threshold of Rs. 40 lakh.

2) Principal place of business issue

  • Today, the sellers, as in offline, are required to have a physical PPoB which, given the nature of e-commerce, is not practical.
  • The government would do well to simplify the “Principal Place of Business” (PPoB) requirement especially for online sellers by making it digital.
  • Replace physical PPoB with Place of Communication.
  • Eliminating the need for state specific physical PPoB requirement will facilitate sellers to get state-level GST with a single national place of business.

3) Support MSMEs to understand e-commerce

  • MSMEs should be provided with handholding support to understand how e-commerce functions.
  • The government can collaborate with e-commerce entities to leverage their expertise and scale to create special on-boarding programmes.
  • These can be provided by state governments.
  • There is need to examine the existing schemes and benefits for MSMEs, which were formulated with an offline, physical market in mind.

4) Build infrastructure

  • There is a need to build infrastructure — both physical and digital infrastructure is important for digital transformation.
  • The road and telecom network will facilitate access to the consumer and enable the seller from remote areas to enter the larger national market as well as the export market.
  • A robust logistic network and warehouse chains created by e-commerce platforms enable similar access and reach.
  • The National Logistics Policy should focus on e-commerce sector needs.

5) Skilling policies for e-commerce sector

  • Dovetail the skilling policy and programmes with the requirements of the e-commerce sector to meet future demand of the sector.

6) Steps to increase export via e-commerce

  • We need to take specific steps to increase exports via e-commerce.
  • There is a need to identify products that have potential for the export market, connect e-commerce with export-oriented manufacturing clusters, encourage tie-ups with sector-specific export promotion councils, leverage existing SEZs to create e-commerce export zones.
  • India Posts can play a significant role by creating e-commerce specific small parcel solutions at competitive rates, building a parcel tracking system, and partnering with foreign post offices to enable customs clearances.

Way forward

  • There is an urgent need to create a consolidated policy framework for e-commerce exports.
  • Policies like the upcoming Foreign Trade Policy needs to be fully leveraged.
  • The Foreign Trade Policy should identify areas and include e-commerce export specific provisions in the revised policy that comes into effect in April this year.

Consider the question “E-commerce marketplaces can help MSMEs in accessing greater markets and provide opportunities to become a part of the national and global supply chains. In light of this, examine the opportunities provided by e-commerce also mention the challenge the sector faces in India.” 

Conclusion

By facilitating and supporting e-commerce, we can leverage the potential of MSMEs in manufacturing which could help in the economic growth of the country by creating job opportunities.

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Coal and Mining Sector

Mines and Minerals (Development and Regulation) Amendment Bill, 2021

Bills/Act/Laws | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.
Note4Students

From UPSC perspective, the following things are important :

Prelims level: MMDR Amendment Bill, 2021

Mains level: Mining sector reforms

The coal and Mines Minister has introduced the Mines and Minerals (Development and Regulation) Amendment Bill, 2021 in Lok Sabha to streamline the renewal of the auction process for minerals and coal mining rights.

MMDR Amendment Bill, 2021

The Bill seeks to amend the Mines and Minerals (Development and Regulation) Act, 1957.  The Act regulates the mining sector in India.

(1) Removal of restriction on end-use of minerals

  • The Act empowers the central government to reserve any mine (other than coal, lignite, and atomic minerals) to be leased through an auction for a particular end-use (such as iron ore mine for a steel plant).
  • Such mines are known as captive mines.  The Bill provides that no mine will be reserved for particular end-use.

(2) Sale of minerals by captive mines  

  • The Bill provides that captive mines (other than atomic minerals) may sell up to 50% of their annual mineral production in the open market after meeting their own needs.
  • The central government may increase this threshold through a notification.  The lessee will have to pay additional charges for mineral sold in the open market.

(3) Auction by the central government in certain cases

  • Under the Act, states conduct the auction of mineral concessions (other than coal, lignite, and atomic minerals).
  • Mineral concessions include mining lease and prospecting license-cum-mining lease.
  • The Bill empowers the central government to specify a time period for completion of the auction process in consultation with the state government.
  • If the state government is unable to complete the auction process within this period, the auctions may be conducted by the central government.

(4) Transfer of statutory clearances

  • Upon expiry of a mining lease (other than coal, lignite, and atomic minerals), mines are leased to new persons through auction.
  • The statutory clearances issued to the previous lessee are transferred to the new lessee for a period of two years.
  • The new lessee is required to obtain fresh clearances within these two years.
  • The Bill replaces this provision and instead provides that transferred statutory clearances will be valid throughout the lease period of the new lessee.

(5) Allocation of mines with expired leases

  • The Bill adds that mines (other than coal, lignite, and atomic minerals), whose lease has expired, may be allocated to a government company in certain cases.
  • This will be applicable if the auction process for granting a new lease has not been completed, or the new lease has been terminated within a year of the auction.
  • The state government may grant a lease for such a mine to a government company for a period of up to 10 years or until the selection of a new lessee, whichever is earlier.

(6) Rights of certain existing concession holders

  • In 2015, the Act was amended to provide that mines will be leased through an auction process.
  • Existing concession holders and applicants have been provided with certain rights.
  • The Bill provides that the right to obtain a prospecting license or a mining lease will lapse on the date of commencement of the 2021 Amendment Act.
  • Such persons will be reimbursed for any expenditure incurred towards reconnaissance or prospecting operations.

(7) Extension of leases to government companies

  • The Act provides that the period of mining leases granted to government companies will be prescribed by the central government.
  • The Bill provides that the period of mining leases of government companies (other than leases granted through auction) may be extended on payment of additional amount prescribed in the Bill.

(8) Conditions for lapse of mining lease

  • The Act provides that a mining lease will lapse if the lessee: (i) is not able to start mining operations within two years of the grant of a lease, or (ii) has discontinued mining operations for a period of two years.
  • However, the lease will not lapse at the end of this period if a concession is provided by the state government upon an application by the lessee.
  • The Bill adds that the threshold period for lapse of the lease may be extended by the state government only once and up to one year.

(9) Non-exclusive reconnaissance permit

  • The Act provides for a non-exclusive reconnaissance permit (for minerals other than coal, lignite, and atomic minerals).
  • Reconnaissance means preliminary prospecting of a mineral through certain surveys.
  • The Bill removes the provision for this permit.

Why such a move?

  • The move would likely lead to greater transparency in the auction process.
  • There is a perception that states governments may in some cases prefer some bidders, and try to delay or cancel mining rights if their preferred bidders do not win mining rights.

Could the amendment face legal challenges?

  • The amendment, if passed, was likely to face legal challenges particularly from state governments.
  • If an act is passed in which any state government’s discretionary power is taken away or their rights or benefits are infringed, it is likely to be challenged in the Supreme Court.

(With inputs from PRS)

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Disasters and Disaster Management – Sendai Framework, Floods, Cyclones, etc.

[pib] Coalition for Disaster resilient Infrastructure (CDRI)

IOCR | Enviro & Biodiversity | Mains Paper 3: Disaster Management
Note4Students

From UPSC perspective, the following things are important :

Prelims level: CDRI

Mains level: India's leadership in Climate change mitigation

The Prime Minister has recently addressed the third edition of the annual conference of the Coalition for Disaster resilient Infrastructure (CDRI).

What is CDRI?

  • The CDRI is an international coalition of countries, UN agencies, multilateral development banks, the private sector, and academic institutions that aim to promote disaster-resilient infrastructure.
  • Its objective is to promote research and knowledge sharing in the fields of infrastructure risk management, standards, financing, and recovery mechanisms.
  • It was launched by the Indian PM Narendra Modi at the 2019 UN Climate Action Summit in September 2019.
  • CDRI’s initial focus is on developing disaster-resilience in ecological, social, and economic infrastructure.
  • It aims to achieve substantial changes in member countries’ policy frameworks and future infrastructure investments, along with a major decrease in the economic losses suffered due to disasters.

Try this PYQ:

Q.Consider the following statements:

  1. Climate and Clean Air Coalition (CCAC) to Reduce Short Lived Climate Pollutants is a unique initiative of G20 group of countries
  2. The CCAC focuses on methane, black carbon and hydrofluorocarbons.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Its inception

  • PM Modi’s experience in dealing with the aftermath of the 2001 Gujarat earthquake” as the chief minister led him to the idea.
  • The CDRI was later conceptualized in the first and second edition of the International Workshop on Disaster Resilient Infrastructure (IWDRI) in 2018-19.
  • It was organized by the National Disaster Management Authority (NDMA), in partnership with the UN Office for Disaster Risk Reduction (UNDRR), the UN Development Programme, the World Bank, and the Global Commission on Adaptation.

Its diplomatic significance

  • The CDRI is the second major coalition launched by India outside of the UN, the first being the International Solar Alliance.
  • Both of them are seen as India’s attempts to obtain a global leadership role in climate change matters and were termed as part of India’s stronger branding.
  • India can use the CDRI to provide a safer alternative to China’s Belt and Road Initiative (BRI) as well.

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Interstate River Water Dispute

What is Rule Curve of a river?

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Mullaperiyar Dam

Mains level: Interstate river water disputes in India

The Supreme Court has warned the Tamil Nadu Chief Secretary against the failure to give information on the rule curve for Mullaperiyar dam.

Do you know?

The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.

What is the Rule Curve?

  • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
  • Here the implicit assumption is that a reservoir can best satisfy its purposes if the storage levels specified by the rule curve are maintained in the reservoir at different times.
  • It decides the fluctuating storage levels in a reservoir.
  • The gate opening schedule of a dam is based on the rule curve.
  • It is part of the “core safety” mechanism in a dam.

Why such a move?

  • During the high-voltage hearing, the Tamil Nadu government blamed Kerala for delaying the finalization of the rule curve for the 123-year-old dam.
  • Kerala government has accused Tamil Nadu of adopting an “obsolete” gate operation schedule dating back to 1939.

About Mullaperiyar Dam

  • Mullaperiyar Dam is a masonry gravity dam on the Periyar River in the Indian state of Kerala.
  • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District of Kerala.
  • It was constructed between 1887 and 1895 by John Pennycuick and also reached an agreement to divert water eastwards to the Madras Presidency area (present-day Tamil Nadu).
  • It has a height of 53.6 m from the foundation, and a length of 365.7 m.
  • The Periyar National Park in Thekkady is located around the dam’s reservoir.
  • The dam is built at the confluence of Mullayar and Periyar rivers.

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Wildlife Conservation Efforts

Project RE-HAB

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Project RE-HAB

Mains level: Man-animal conflict

The forest authorities intend to mitigate human-elephant conflict by installing bee boxes along the periphery of the forest and the villages under the Project RE-HAB.

On similar lines, try this PYQ:

Q.The term ‘M-STrIPES’ is sometimes seen in the news in the context of:

(a) Captive breeding of Wild Fauna

(b) Maintenance of Tiger Reserves

(c) Indigenous Satellite Navigation System

(d) Security of National Highways

Project RE-HAB

  • Project RE-HAB stands for Reducing Elephant-Human Attacks using Bees. It is an initiative of the Khadi and Village Industries Commission (KVIC).
  • It intends to create “bee fences” to thwart elephant attacks in human habitations using honeybees.
  • Bee boxes have been placed on the ground as well as hung from the trees.
  • The boxes are connected with a string so that when elephants attempt to pass through, a tug causes the bees to swarm the elephant herds and dissuade them from progressing further.
  • This idea stems from the elephants’ proven fear of the bees.

Areas covered by the project

  • The pilot project was launched at four locations around Chelur village in the Kodagu district of Karnataka.
  • These spots are located on the periphery of Nagarahole National Park and Tiger Reserve, known conflict zones.

Benefits offered

  • The biggest advantage of Project RE-HAB is that it dissuades elephants without causing any harm to them.
  • It is extremely cost-effective as compared to various other measures such as digging trenches or erecting fences.

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Government Budgets

State budgets belies the hopes of public-spending-led recovery

op-ed snap | Economics | Mains Paper 3: Government Budgeting
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Fiscal deficits

Mains level: Paper 3- State budgets belies the hopes of public spending led recovery

The article highlights the trends emerging from the State budgets which dashes the hopes of public-spending led economic recovery.

State-level budget trends

  • Over the past few weeks, several state governments have presented their budgets for the financial year 2021-22.
  • The states, put together, account for a larger share of general government spending than the Centre.
  • States’ spending stance is pivotal to the hopes of a government spending-led economic recovery.

5 Broad trends from the state budgets

  • The broad state-level budget trends are based on 11 states that account for a little over 60 per cent of India’s GDP.

1) Offsetting the additional spending by Centre

  • There is a collapse in states’ revenues and transfers from the Centre.
  • Along with it, there is a “reluctance” among some states to borrow more to spend.
  • Thus, the aggregate level spending by these states in 2020-21 will end up being lower than what they had budgeted for before the onset of the pandemic.
  • The revised estimates peg their total expenditure to decline by around 6 per cent in 2020-21 from their budget estimates.
  • If these trends were to hold for the other states as well, then it would imply that the additional spending by the central government, over and above its budget estimate is likely to be offset by the decline in spending by states.

2) From revenue surplus to revenue deficit

  • This year, states which typically run revenue surpluses will run revenue deficits.
  • The collapse in revenues meant that states that usually borrow to finance capital expenditure have had to borrow to finance their recurring expenditure (revenue expenditure) as well.
  • As a consequence, capital spending by states has been cut sharply.
  • States, though, expect the situation to reverse in the coming fiscal year, with most projecting a return to revenue surpluses even as the Centre will continue to run revenue deficits.
  • This anomaly is unlikely to be resolved unless the root cause of the situation — the nature of the fiscal compact between the Centre and the states — is addressed.

3) Reluctance by states to borrow

  • The Centre had raised the ceiling on their market borrowings from 3 to 5 per cent of GSDP.
  • Of this 2 percentage point increase in the borrowing limit, part was unconditional while the remaining was subject to fulfilling Centre-mandated reforms.
  • As per ICRA’s estimate, 17 states qualified based on the One Nation One Ration Card reforms, 15 qualified based on the ease of doing business reforms, seven partially completed power sector reforms, while six had completed the urban local body reforms.
  • But, it is only the low-income states of Bihar, Rajasthan and Madhya Pradesh with already stretched finances that seem to have availed the additional borrowing space.
  • The high-income states of Gujarat, Maharashtra and Karnataka, all of whom had greater fiscal headroom going to the crisis, and were better placed to borrow more and spend, have not done so.

4) Aggressive fiscal consolidation

  • As is the case with the Centre, states have, remarkably, budgeted for aggressive fiscal consolidation next year.
  • The average fiscal deficit across these states is expected to fall by more than 1 percentage point of GSDP, more than twice the decline recommended by the 15th finance commission.

5) Ambitious revenue assumptions

  • The aggressive consolidation next year is expected to be achieved not by expenditure compression, as is the case with the Centre, but by significant revenue enhancement.
  • However, some revenue assumptions are quite ambitious, to say the least — some states have pegged their GST and VAT collections to grow far in excess of 30 per cent in 2021-22.
  • A deterioration in fiscal marksmanship will mean that expenditure in the coming fiscal year will also end up being lower than what has been budgeted for.

Consider the question “The pandemic has upended the States’ fiscal space, which is evident in their budgets. In light of this, examine the trends emerging from the budgets of the States and their implications for the economy.”

Conclusion

Subdued general government spending during these tumultuous years heightens the risks to economic recovery. Considering the possibility of the economy exiting from this period with lower medium-term growth prospects, there is a strong case for greater government spending during these years.

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Banking Sector Reforms

India should abandon its suspicion of digital currency

| Economics | Mains Paper 3: Indian Economy
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Blockchain technology and its applications

Mains level: Paper 3- Central bank digital currency

The article discusses the advantages of central bank digital currency which could combine the advantages of both fiat money and cryptocurrency.

India’s suspicion of the cryptocurrencies

  • In 2018, the Reserve Bank of India prohibited regulated entities from providing services to anyone who deals with or settles trades in any virtual currency.
  • This was effectively banning Bitcoin trading in the country.
  • The Supreme Court lifted this restriction in 2020.
  • There were rumours earlier this year that a new law was in the works that would make it a crime to possess, issue, mine, trade or transfer crypto assets in India.

Thinking of digital currencies as asset not currency

  • There are concerns over the speculative nature of cryptocurrencies.
  • There are also law enforcement concerns around how digital currencies make it hard for the police to track down criminals.
  • One of the most important attributes of a currency is that it should be a stable store of value, and Bitcoin is anything but.
  • To deal with this difficulty, it will be helpful to think of digital currencies as just another asset—the digital equivalent of a scarce commodity that, like gold, certain collectors prize.

Difference between working of banks and cryptocurrencies

  • Our financial system relies on banks to record transactions.
  • It is a ‘permissioned’ ledger system in that only trusted intermediaries-registered banks under the supervision of the central bank-can make changes to the ledgers to certify that a given transaction has been completed.
  • Cryptocurrencies, on the other hand, are ‘permissionless’ systems that need no intermediary.
  • Instead of a centralized ledger, transactions are recorded on a distributed database.
  • A purely permissionless system has no need of banks.

Role of banks in maintaining financial health

  • Central banks are not just intermediaries managing the great big financial ledger of the country, they are responsible for its financial health.
  • To perform this function, they need to be able to take money out of the system when required or put money back into economic circulation.
  • None of this is possible in a purely permissionless system.

Advantages of digitally native currencies

  • Digitally native currencies are programmable and capable of being incorporated into smart contracts, offering various opportunities for innovative digital solutions.
  • Since they can be directly allotted to citizens who don’t have a bank account, they are ideal for financial inclusion.
  • Being digitally auditable, transactions can be audited, reducing the scope for illicit activity.
  • The challenge is one of integrating the best that digital currencies have to offer into the traditional financial paradigm.

Central bank digital currencies as an alternative

  • CBDCs are a completely re-engineered form of money that use a distributed ledger as their underlying technology layer, but are backed by suitable amounts of monetary reserves, just like normal fiat currency.
  • Many countries have been toying with the idea of a central bank digital currency (CBDC).
  • They are run by central banks along with select financial entities responsible for managing the distributed ledger.
  • The best CBDCs will converge the best of both worlds—the programability and security of cryptocurrencies and the reserve-backed stability of fiat currency.
  • Several countries are already testing this concept.

How central bank digital currency differs from cryptocurrency? What are its advantages?”

Conclusion

Banning technology has never made it go away. Instead, let’s make an effort to better understand it, and having done so, do all we can to create the digital currency our country needs.

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Foreign Policy Watch: India-United States

A robust economic relationship between India and U.S.

| 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: Generalised System of Preferences

Mains level: Paper 2- Trade ties between India-U.S.

The article outlines the potential for India-U.S. collaboration in certain ares of trade which will bring many gains.

India-U.S. bilateral trade

  • In the five years to 2019, bilateral trade grew at a CAGR of 7.7% per year to $146 billion.
  • If we assume the same rate of growth, the $500 billion target will be achieved by 2036.
  • To ensure this, the CAGR would need to be set at 11.9%.
  • This is doable if the right policy actions are taken.

Areas of collaboration

1) Healthcare exchanges

  • A collaborative response to the pandemic would contribute to global containment of the virus.
  • Business partnerships are already taking place in the supply chain.
  • As India becomes the hub of global vaccine distribution, building confidence in the Indian IPR regime, reviving the U.S.-India Health Dialogue, and mutually recognising standards and approvals will help drive healthcare exchanges.

2) Improving the macro trade architecture

  • The macro trade architecture can be strengthened with a broad trade agreement focusing on resolving the low-hanging fruit.
  • The U.S.-India Trade Policy Forum meetings can be revived along with a cross-sector track-2 group to look at convergence on issues such as market access.
  • There is potential for flexibility from both sides for restoring the Generalised System of Preferences.
  • The two countries should consider initiating discussions on a free trade agreement.

3) Trade in services

  • Recent regulations in the U.S. have impacted labour mobility which can be addressed through immigration reforms for employment-based visa backlogs and smooth and timely processes.
  • The MoU on labour cooperation signed in 2011 could be updated in line with India’s recent labour regulatory changes.
  • This may also be a good time to reconsider a totalisation agreement pertaining to social security, given that both have already entered into such agreements with many of the same partner countries.

4) Defence industry ties

  • Defence industry ties can be stepped up in coordination with industry.
  • A defence dialogue including the private sectors of both sides could help in co-production and co-development in the defence and aerospace sectors.

5) Stepping up engagement of SMEs

  • Five, engagement of small and medium enterprises (SMEs) can be stepped up.
  • Smaller U.S. companies can find significant new opportunities for investments in India and sourcing from India.
  • A U.S.-India SME CEOs Forum can be set up to catalyse such partnerships.

6) Clean energy and climate change

  • The U.S.-India Strategic Energy Partnership should be geared towards joint investments in industrial decarbonisation, carbon dioxide removal and green hydrogen.
  • The programmes of Partnership to Advance Clean Energy Research, Partnership to Advance Clean Energy Deployment and Promoting Energy Access through Clean Energy must be relaunched.

7) Digital economy partnership

  • India has proved its ability in this space with new opportunities opening up in robotics, space, AI and electric vehicles.
  • It is also important to disseminate information on India’s IPR regime improvements and work towards taking India off the U.S. Trade Representative IPR priority watchlist.

8) Other areas

  • Other opportunities in the bilateral economic relationship include education, innovation and R&D, and agricultural trade and technology.

Conclusion

A closer economic partnership would bring gains to both sides in terms of GDP, employment, and productivity, given the complementary natures of their economies.

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Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

Responsible and ethical AI

op-ed snap | | Mains Paper 3: Awareness in various sc and tech fields
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3- AI governance

The article highlights the challenges and opportunities offered by the Artificial Intelligence and suggests the ways to deal with them.

AI as a part of our life

  • AI is embedded in the recommendations we get on our favourite streaming or shopping site; in GPS mapping technology; in the predictive text that completes our sentences when we try to send an email or complete a web search.
  • And the more we use AI, the more data we generate, the smarter it gets.
  • In just the last decade, AI has evolved with unprecedented velocity.

How AI could help us

  • AI has helped increase crop yields, raised business productivity, improved access to credit and made cancer detection faster and more precise.
  • It could contribute more than $15 trillion to the world economy by 2030, adding 14% to global GDP.
  • Google has identified over 2,600 use cases of “AI for good” worldwide.
  • A study published in Nature reviewing the impact of AI on the Sustainable Development Goals (SDGs) finds that AI may act as an enabler on 134 of all SDG targets.

Concerns with AI

  • Yet, the study in Nature also finds that AI can actively hinder 59 — or 35% — of SDG targets.
  • AI requires massive computational capacity, which means more power-hungry data centres — and a big carbon footprint.
  • AI could compound digital exclusion.
  • Many desk jobs will be edged out by AI, such as accountants, financial traders and middle managers.
  • Without clear policies on reskilling workers, the promise of new opportunities will in fact create serious new inequalities.
  • Investment is likely to shift to countries where AI-related work is already established widening gaps among and within countries.
  • AI also presents serious data privacy concerns. 
  • We shape the algorithms and it is our data AI operate on.
  • In 2016, it took less than a day for Microsoft’s Twitter chatbot, “Tay”, to start spewing egregious racist content, based on the material it encountered.

Way forward

  • Without ethical guard rails, AI will widen social and economic schisms, amplifying any innate biases.
  • Only a “whole of society” approach to AI governance will enable us to develop broad-based ethical principles, cultures and codes of conduct.
  • Given the global reach of AI, such a “whole of society” approach must rest on a “whole of world” approach.
  • The UN Secretary-General’s Roadmap on Digital Cooperation is a good starting point.
  • This approach lays out the need for multi-stakeholder efforts on global cooperation.
  • UNESCO has developed a global, comprehensive standard-setting draft Recommendation on the Ethics of Artificial Intelligence to Member States for deliberation and adoption.
  • Many countries, including India, are cognisant of the opportunities and the risks, and are striving to strike the right balance between AI promotion and AI governance.
  • NITI Aayog’s Responsible AI for All strategy, the culmination of a year-long consultative process, is a case in point.

Consider the question “What are the ways in which Artificial Intelligence in helping humanity? What are the concerns with the promotion and the governance of AI?”

Conclusion

Chellenging part starts where principles meet reality that the ethical issues and conundrums arise in practice, and for which we must be prepared for deep, difficult, multi-stakeholder ethical reflection, analyses and resolve. Only then will AI provide humanity its full promise.

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BREXIT

UK turns to Indo-Pacific  

| 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: Quad

Mains level: Expansion of Quad

Britain wants to expand its influence among countries in the Indo-Pacific region to try to moderate China’s global dominance.

Seems like QUAD is getting attention from other democratic nations for the big-brother role!

What is the news?

  • A document laying out post-Brexit has highlighted foreign defence policy priorities of the UK.

Britain’s post BREXIT plan

  • This document is Britain’s biggest foreign and defence policy review since the end of the Cold War.
  • It sets out a planned increase to Britain’s nuclear arsenal to weigh against evolving global security threats and underlines the importance of strong ties with the US while naming Russia as the top regional threat.
  • It sets out how PM Boris Johnson wants to be at the forefront of a reinvigorated, rules-based international order based on cooperation and free trade.

Focus on Indo-pacific

  • China and the U.K. both benefit from bilateral trade and investment, but China also presents the biggest state-based threat to the U.K.’s economic security, the report said.
  • Calling the Indo-Pacific increasingly the geopolitical centre of the world, the government highlighted a planned British aircraft carrier deployment to the region.
  • Britain, the world’s sixth-largest economy, is dwarfed economically and militarily by China.
  • The UK believes, through soft power and strategic alliances, it can help persuade Beijing to play by the rules of a new, more dynamic international system.

Content over Hong Kong

  • The Sino-British ties have tensed since over issues including Beijing’s security crackdown on former British colony Hong Kong.

UK needs India for this juncture

  • UK PM Boris Johnson has called ”India is an increasingly indispensable partner for the United Kingdom.”
  • India’s skilled labour, technological assistance and the vibrant market will open a lot of avenues for Britain which has recently parted ways with the European Union.
  • India is not the world’s largest telecom market; it is also the fastest-growing.
  • According to a study on India’s telecom sector, an increase in telecom subscriptions often touches 20 million a month.
  • India also offers the cheapest data compared at current market exchange rates. As per cable.co.uk, the price per GB data in India to be $0.09.
  • Along with the world, India is now steering towards 5G. The UK will need India’s help to marginalize China in the telecom market.

What else?

  • The report categorised India as “an international actor of growing importance”
  • Earlier the British government has approached Washington about a “D10” club of democratic partners, based on G7 plus Australia, South Korea and India.

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Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.

Rajya Sabha passes MTP Bill, 2020

| Polity | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Note4Students

From UPSC perspective, the following things are important :

Prelims level: MTP Act

Mains level: Termination of Pregnancy (MTP) and associated issues

The Rajya Sabha has passed the Medical Termination of Pregnancy (Amendment) Bill, 2020 that increases the time period within which an abortion may be carried out.

What are the differing opinions with regards to the Termination of Pregnancy (MTP) Amendment Bill, 2020? Discuss.

MTP Bill, 2020

The MTP Bill was passed in Lok Sabha in March 2020. Its salient features included:

  • Proposing requirement for the opinion of one provider for termination of pregnancy, up to 20 weeks of gestation and introducing the requirement of the opinion of two providers for termination of pregnancy of 20-24 weeks of gestation.
  • Enhancing the upper gestation limit from 20 to 24 weeks for special categories of women which will be defined in the amendments to the MTP Rules and would include ‘vulnerable women including survivors of rape, victims of incest and other vulnerable women (like differently-abled women, Minors) etc.
  • Upper gestation limit not to apply in cases of substantial foetal abnormalities diagnosed by Medical Board. The composition, functions and other details of the Medical Board to be prescribed subsequently in Rules under the Act.
  • Anonymity of the person: The name and other particulars of a woman whose pregnancy has been terminated shall not be revealed except to a person authorised in any law for the time being in force.

Benefits sought with the bill

  • It is seen as a step towards the safety and well-being of the women and many women will be benefitted from this.
  • Recently several petitions were received by the Courts seeking permission for aborting pregnancies at a gestational age beyond the present permissible limit on grounds of foetal abnormalities or pregnancies due to sexual violence faced by women.
  • The proposed increase in gestational age will ensure dignity, autonomy, confidentiality and justice for women who need to terminate the pregnancy.

Flaws in the bill

  • The Bill allows abortion after 24 weeks only in cases where a Medical Board diagnoses substantial foetal abnormalities.
  • This implies that for a case requiring abortion due to rape, that exceeds 24-weeks, the only recourse remains through a Writ Petition.
  • The Bill does not specify the categories of women who may terminate pregnancies between 20-24 weeks and leaves it to be prescribed through Rules.
  • The Act (and the Bill) requires an abortion to be performed only by doctors with a specialization in gynaecology or obstetrics.
  • As there is a 75% shortage of such doctors in community health centres in rural areas, pregnant women may continue to find it difficult to access facilities for safe abortions.

Key Issues and Analysis

  • There are differing opinions with regard to allowing abortions. One opinion is that terminating a pregnancy is the choice of the pregnant woman and a part of her reproductive rights.
  • The other is that the state has an obligation to protect life, and hence should provide for the protection of the foetus.
  • Across the world, countries set varying conditions and time limits for allowing abortions, based on foetal health, and risk to the pregnant woman.
  • Several Writ Petitions have been filed by women seeking permission to abort pregnancies beyond 20-weeks due to foetal abnormalities or rape.

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Anti Defection Law

Anti-defection law: when a nominated MP loses RS membership

| Polity | Mains Paper 2: Parliament & State Legislatures
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Anti-defection law

Mains level: Not Much

A nominated MP had to resign from Rajya Sabha before the completion of his term due to the Anti-defection law.

The story of Nominated Members

  • During the making of the Constitution, members of the Constituent Assembly felt that Rajya Sabha should have members who might not win elections but will bring knowledge and expertise to discussions.
  • It led to Rajya Sabha having 12 nominated members from different walks of life.
  • The broad criterion for their nomination is that they should have distinguished themselves in fields like literature, science, art, and social service.
  • The President nominates such individuals as recommended by the Centre.
  • Nominated members have the same rights and privileges as elected members, with one notable difference — they cannot vote in the election of the President.

Anti-defection law

  • In 1985 the Tenth Schedule, popularly known as the anti-defection law, was added to the Constitution.
  • But its enactment was catalyzed by the political instability after the general elections of 1967.
  • This was the time when multiple state governments were toppled after MLAs changed their political loyalties.
  • The purpose of the 1985 Constitution Amendment was to bring stability to governments by deterring MPs and MLAs from changing their political parties on whose ticket they were elected.
  • The penalty for shifting political loyalties is the loss of parliamentary membership and a bar on becoming a minister.

Try this PYQ:

Consider the following statements:

  1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
  2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

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

What invites defection?

The law covers three types of scenarios with respect to MP switching parties.

  1. The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party.
  2. The second possibility is when an MP who has won his or her seat as an independent candidate after the election joins a political party. In both these instances, the MP lose the seat in the House on changing (or joining) a party.
  3. The third scenario relates to nominated MPs. In their case, the law specifies that within six months of being nominated to the House, they can choose to join a political party.

Why is a nominated member given 6month time?

  • The time is given so that if a nominated MP is not a member of a political party, they can decide to join one if they want.
  • But if they don’t join a political party during the first six months of their tenure, and join a party thereafter, then they lose their seat in Parliament.

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Air Pollution

World Air Quality Report, 2020

IOCR | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Note4Students

From UPSC perspective, the following things are important :

Prelims level: World Air Quality Report

Mains level: Air pollution in Delhi

Delhi remained the most polluted capital city in the world but India, on the whole, had improved its average annual PM 2.5 (particulate matter) levels higher in 2020 than in 2019, according to a report from World Air Quality Report Air.

Try this question from CS Mains 2015:

Q.Mumbai, Delhi and Kolkata are the three megacities of the country but air pollution is a much more serious problem in Delhi as compared to the other two. Why is this so?

World Air Quality Report

  • It is released by a Swiss air quality technology company IQAir.
  • IQAir is an air quality technology company that since 1963 seeks to empower individuals, organizations and communities to breathe cleaner air through information, collaboration and technology solutions.
  • The 2020 Report is based on PM2.5 data from 106 countries that have been measured by ground-based monitoring stations.

Highlights of the report

  • Of the 14 most polluted cities, 13 were in India.
  • When ranked by cities, Hotan in China was the most polluted, with an average concentration of 110.2 µg/m³, followed by Ghaziabad in Uttar Pradesh at 106.
  • Delhi’s concentration level, based primarily on data from the Central Pollution Control Board, was 84.1 µg/m³ in 2020, a 15% improvement from the 98.6 µg/m³ recorded in 2019 — a consequence of the lockdown.
  • Bangladesh and Pakistan were the countries in 2020 with worse average PM 2.5 levels than India, says the report.
  • China ranked 11th in the latest report, a deterioration from the 14th in the previous edition of the report. In the 2020 report, 106 countries were evaluated.

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Women empowerment issues – Jobs,Reservation and education

Orunudoi Scheme

States | Indian Society | Mains Paper 2: Government Scheme/Policies
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Orunudoi Scheme

Mains level: Women empowerment moves

Ahead of the Assam Assembly elections, the Orunudoi scheme, with women as its primary target group, is the most popular.

There can be confusion from the name of the scheme.

Orunudoi Scheme

  • Through Orunodoi — announced in the 2020-21 Budget — monthly assistance of Rs 830 is transferred to women members of marginalised families of Assam.
  • On account of being a DBT, or a Direct Benefit Transfer scheme, the money is credited directly to the bank account of the woman head of a family because they are primary caretakers of the household.
  • The scheme gives a choice to the poor and needy households on how they want to spend their money.

Eligibility criteria

  • The applicant, a woman, has to be a permanent resident of Assam, whose composite household income should be less than Rs 2 lakh per annum.
  • Families with specially-abled members and divorced/widowed/separated /unmarried women are prioritized.
  • Poorer families, those without the National Food Security Act (NFSA) or ration cards, are also given priority.

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

ACT-Accelerator Coalition

IOCR | Governance | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India
Note4Students

From UPSC perspective, the following things are important :

Prelims level: ACT-Accelerator

Mains level: Coronovirus outbreak

ACT-Accelerator, a global coalition formed in April 2020 to fight the novel coronavirus disease (COVID-19) is facing a severe fund crunch to meet its goals for 2020-21.

ACT-Accelerator

  • The Access to COVID-19 Tools Accelerator (ACT Accelerator) is a G20 initiative announced on 24 April 2020.
  • A call to action was published simultaneously by the World Health Organization (WHO).
  • The ACT Accelerator is a cross-discipline support structure to enable partners to share resources and knowledge.
  • It comprises four pillars, each managed by two to three collaborating partners:
  1. Vaccines (also called “COVAX”)
  2. Diagnostics
  3. Therapeutics
  4. Health Systems Connector
  • India is an active donor in this alliance.

Try this PYQ based on a global coalition:

Q.Consider the following statements:

  1. Climate and Clean Air Coalition (CCAC) to Reduce Short Lived Climate Pollutants is a unique initiative of G20 group of countries.
  2. The CCAC focuses on methane, black carbon and Hydrofluorocarbons.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

[pib] Multi-Layer Farming

PIB | Economics | Mains Paper 3: Major Crops & Cropping Patterns
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Multi-Layer Farming, ATMA

Mains level: Not Much

ICAR is undertaking location-specific multi-layer farming involving crops of different heights.

Multi-Layer Farming

  • Multi-layer farming means growing and cultivating compatible plants of different heights on the same field and at the same time.
  • It is generally practised in orchards and plantation crops for the utmost use of solar energy even under high planting density.
  • It is mostly cash crop-based and it includes a combination of vegetables and fruits that can be grown together.

How it is done?

  • In Multi-layer farming, the crops are grown at different heights on the same land.
  • This farming cannot be done in open fields as shade is required. It is one type of intercropping.
  • Growing plants of different height in the same field at the same time is termed Multi-layer cropping. It is generally practised in orchards and plantation crops for maximum use of solar energy even under high planting density. It is the practice of several crops of varying heights, rooting pattern and duration to cultivate together.
  • The objective is to utilize vertical space more effectively.
  • In this, the tallest components have foliage of strong light and high evaporative demand and shorter components with foliage requiring shade and high humidity.

Try this PYQ:

Q.What are the advantages of fertigation in agriculture?

1.Controlling the alkalinity of irrigation water is possible.
2. Efficient application of Rock Phosphate and all other phosphatic fertilizers is possible.
3. Increased availability of nutrients to plants is possible.
4. Reduction in the leaching of chemical nutrients is possible.

Select the correct answer using the code given below:

(a) 1, 2 and 3 only

(b) 1,2 and 4 only

(c) 1,3 and 4 only

(d) 2, 3 and 4 only

Benefits offered

  • Prevent water evaporation from the soil; as an effect, 70% of water is saved.
  • The income per unit area increases substantially
  • Minimize risks of crop yield loss and this system enables a steady supply of farm products the whole round the year.
  • Reduces the impacts of hazards such as high-intensity rainfall, soil erosion, and landslides.
  • Improve the soil characteristics and adds organic matter to the soil.
  • Effective utilization of leaching materials and helps in effective weed control.
  • Provide micro-climate conditions that advantage crops underneath.

What else?

: Agricultural Technology Management Agency (ATMA)

  • In addition to this, a Centrally Sponsored Scheme ‘Support to State Extension Programs for Extension Reforms” popularly known as ATMA Scheme is already under implementation since 2005.
  • Presently, the Scheme is being implemented in 691 districts of 28 states & 5 UTs in the country.
  • The scheme promotes a decentralized farmer-friendly extension system in the country.
  • Under the scheme, grants-in-aid are released to the State with an objective to make available the latest agricultural technologies and good agricultural practices in different thematic areas of agriculture and allied areas to farmers including training for multi-layer farming.
  • Training of farmers is one of the eligible activities of the ATMA Scheme.

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Foreign Policy Watch: India-China

A giant leap forward for the Quad

op-ed snap | 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: Not much

Mains level: Paper 3- First Quad summit and its significance

The first-ever Quad summit is an important milestone in the geopolitics of the region. The article highlights its significance.

Significance of the first Quad summit

  • The maiden Quadrilateral Security Dialogue summit of the leaders of Australia, India, Japan and the U.S. on March 12 was a defining moment in Asian geopolitics.
  • That it was a meeting at the highest political level, occasioned a productive dialogue, and concluded with a substantive joint statement is indicative of its immediate significance.
  • If it leads to tangible action and visible cooperation, it will impact the whole region.

Brief background of the Quad

  • The Indian Ocean tsunami of 2004 triggered cooperation among the navies and governments of the Quad powers.
  • They sought to forge diplomatic cooperation on regional issues in 2006-08.
  • But gave up mainly because China objected to it and the hostility to China was not yet a potent enough glue.
  • This began to change in 2017 when Beijing’s behaviour turned hostile, climaxing in multiple challenges in 2020.
  • This time, U.S. President Joe Biden moved swiftly to host a virtual summit, drawing immediate response from the other three leaders.

5 highlights of the summit

  • A more sophisticated approach is being invented, with enhanced emphasis by the U.S. on carrying its allies and strategic partners together.
  •  The summit’s outcome, therefore, merits close attention for at least five reasons.

1) Compromise over vision of Indo-Pacific

  • Past debates over diverse, even differing, visions of the Indo-Pacific are over.
  • The joint statement struck a neat compromise:
  • To please the U.S. and Japan, it refers to a “free and open” Indo-Pacific, but in the very next sentence it offers an elaboration – “free, open, inclusive, healthy, anchored by democratic values, and unconstrained by coercion” – that amply satisfy India and Australia.

2) Alignment of approach towards China

  • The summit leaders have secured an adequate alignment of their approaches towards China.
  • Senior officials gave sufficient hints on this score, reinforced by phrases such as “security challenges” and “the rules-based maritime order in the East and South China Seas” in the joint statement.
  • Instead of unidimensional antagonism, the Quad members have preferred a smart blend of competition, cooperation and confrontation.

3) Quad’s commitment development and well being of the region

  • The Quad has placed a premium on winning the battle for the hearts and minds of people in the Indo-Pacific region.
  • This explains the special initiative to ensure equitable access to COVID-19 vaccines for every person in need in the region from the western Pacific to eastern Africa.

4) Working groups

  • The establishment of three working groups on vaccine partnership; climate change; and critical and emerging technologies and their new standards, innovation and supply chains is a welcome step.
  • All this should get the four national establishments into serious policy coordination and action mode, creating new capacities.
  • The careful choice of themes reflects a deep understanding of the long-term challenge posed by China and has global implications.

5) Quad working together in future

  • The March 12 summit will not be a one-off.
  • The leaders have agreed to meet in-person later this year, possibly at an international event within the region.
  • Foreign ministers will gather at least once a year; other relevant officials, more often.
  • Thus, will grow the habits of the Quad working together for a common vision and with agreed modalities for cooperation.

How ASEAN and China will react

  • The summit has been watched closely by the ASEAN capitals. A few of them may express cautious welcome.
  • Beijing seems rattled but resigned to the Quad’s new momentum.
  • The Chinese see it in negative terms, targeting New Delhi in particular.

Consider the question “With the first-ever summit, the Quad is moving towards a strong coalition. In light of this, examine the challenges India faces as it deepes its engagement in the grouping.” 

Conclusion

The summit and ‘The Spirit of the Quad’ – the inspired title of the joint statement – represented a giant leap forward. Now is the time to back political commitment with a strong mix of resolve, energy, stamina and the fresh ideas of stakeholders and experts outside of government to fulfil the promise of the Quad.

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Delhi Full Statehood Issue

National Capital Territory of Delhi (Amendment) Bill, 2021

| Polity | Mains Paper 2: Federalism
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Special Status for New Delhi

Mains level: Delhi- LG issue

The Ministry of Home Affairs (MHA) moved the NCT of Delhi (Amendment) Bill, 2021 to the Lok Sabha where it proposed that “government” in Delhi means the Lieutenant Governor of Delhi.

What is the news?

  • The Bill gives discretionary powers to the L-G of Delhi even in matters where the Legislative Assembly of Delhi is empowered to make laws.
  • The Delhi state govt has criticized the bill saying that it seeks to drastically curtail powers of the elected government”, which is “against” the Supreme Court judgment of 2018.

NCT of Delhi (Amendment) Bill, 2021

  • Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G.
  • This, essentially, gives effect to the former L-G 2015 assertion that “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”.
  • The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

What purpose does the 1991 Act serve?

  • Delhi’s current status as a UT with a Legislative Assembly is an outcome of the 69th Amendment Act through which Articles 239AA and 239BB were introduced in the Constitution.
  • The Act was passed simultaneously to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital.
  • For all practical purposes, it outlined the powers of the Assembly, the discretionary powers enjoyed by the L-G, and the duties of the CM with respect to the need to furnish information to the L-G.

What is the 2018 Supreme Court Verdict?

  • In its 2018 verdict, the five-judge Bench had held that the LG’s concurrence is not required on issues other than police, public order and land.
  • It had added that decisions of the Council of Ministers will, however, have to be communicated to the LG.
  • The L-G was bound by the aid and advice if the council of ministers, it had said.
  • The Bench of then CJI status of the LG of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor”.
  • It had also pointed out that the elected government must keep in mind that Delhi is not a state.

Consider the question “What are the parameters laid down by the Supreme Court in the Government of NCT of Delhi vs. Union of India (2018) to avoid the conflict between Lt. Governor and the Delhi Government? Also examine the scope of referring any matter to the consideration of the President by the Lt. Governor.”

What will change if the amendments are cleared by Parliament?

  • Encouraged by the Supreme Court verdict, the elected government had stopped sending files on executive matters to the L-G before the implementation of any decision.
  • It has been keeping the L-G abreast of all administrative developments, but not necessarily before implementing or executing any decision.
  • But the amendment, if cleared, will force the elected government to take the L-G’s advice before taking any action on any cabinet decision.
  • The Bill seeks to bar the Assembly or its committees from making rules to take up matters concerning day-to-day administration, or to conduct inquiries in relation to administrative decisions.

Does the L-G enjoy no discretionary power under the current arrangement?

  • The L-G does have the power to refer any matter, over which there is a disagreement with the elected government, to the President under Article 239AA (4).
  • The Delhi Law Secretary had in 2019 written in an internal memo that the elected government cannot use the SC verdict to keep the L-G in the dark about its decisions.
  • But the SC had also categorically pointed out that the L-G should not act in a mechanical manner without due application of mind so as to refer every decision of the CM to the President.

What are the state government’s fears?

  • From 2015 to 2018, the government was engaged in a constant battle with the Centre over policy decisions and the powers of the L-G with the elected government.
  • The SC judgment gave the Delhi govt a freer hand in terms of policy decisions.
  • The government insiders have maintained that it was because of the judgment that the government was able to clear policy decisions like giving free power to those using under 200 units, free bus rides for women.
  • The amendments will have far-reaching implications — beyond just the tussle between any political parties.

Back2Basics: Special Status for New Delhi

  • Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment.
  • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
  • That’s when Delhi was named as the National Capital Region (NCT) of Delhi.
  • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
  • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

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Waste Management – SWM Rules, EWM Rules, etc

Draft Plastic Waste Management Rules, 2021

| Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Single use plastics

Mains level: Phasing out single use plastics

The draft Plastic Waste Management Rules, 2021, issued by the MoEFCC has necessitated a few changes in the country’s handling of its plastic waste.

Background

  • The Environment Ministry had first notified the Plastic Waste Management Rules in March 2016.
  • It had provisions for effective and improved collection, segregation, processing, treatment and disposal of plastic waste.

What are the 2021 rules?

Phasing out Single-use Plastics

Single-use plastics have been defined under the rules as “a plastic commodity intended to be used once for the same purpose before being disposed of or recycled”.

  • The rules have proposed to ban the manufacture, use, sale, import and handling of some single-use plastic items on a ‘pan India basis.
  • The provisions will also apply to ‘multi-layered packaging’ – involved extensively in e-commerce and deliver services- but will exempt packaging used for imported goods.
  • They shall apply to every waste generator, local body, Gram Panchayat, manufacturer, Importers and producer as well as ‘brand-owner and “plastic waste processor (recycler, co-processor, etc.)
  • Thermoset plastic and Thermoplastic will also fall within the ambit of these rules.
  • These provisions will, however, not apply to commodities (including carrying bags) made of compostable plastic material, according to the rules.

The draft is proposed to be implemented in three stages starting this year and culminating in mid-2022.

Stage I

  • The first set of rules propose that each sheet of non-woven plastic carry bag shall not be less than 60 (GSM per square metre) or 240 microns in thickness. A carry bag made of virgin or recycled plastic shall not be less than 120 microns, with effect from the same date.

Stage II

  • The second stage will come into effect when six categories of single-use plastic — earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (thermocol) for decoration — will be banned for sale, use, manufacture, stocking, import and distribution.

Stage III

  • In the third stage, the list of banned items will grow to include single-use plastic plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping/packing films around sweet boxes; invitation cards; cigarette packets, plastic/PVC banners less than 100 micron and stirrers.

Local bodies and state pollution control boards will ensure the implementation and enforcement of these rules.

What else is covered?

One, the amendment has extended the applicability of the rules to brand-owner, plastic waste processor, including the recycler, co-processor, etc.  It will also include new definitions of:

  • Non-woven plastic bag
  • Plastic waste processing
  • Single-use plastic (SUP) item
  • Thermoset plastic
  • Thermoplastic

Try this PYQ:

Q.In India, ‘extended producer responsibility’ was introduced as an important feature in which of the following?

(a) The Bio-medical Waste (Management and Handling) Rules, 1998

(b) The Recycled Plastic (Manufacturing and Usage) Rules, 1999

(c) The e-Waste (Management and Handling) Rules, 2011

(d) The Food Safety and Standard Regulations, 2011

Why such a move?

  • As much as 3.3 million metric tonnes of plastic waste was generated in India in 2018-19, according to the Central Pollution Control Board (CPCB) report 2018-19.
  • The total municipal solid waste generation is 55-65 million tonnes; plastic waste is approximately 5-6 per cent of the total solid waste generated in the country.
  • Goa has the highest per capita plastic waste generation at 60 grams per capita per day, which is nearly double what Delhi generates (37 grams per capita per day).
  • Clearly, we do not know the amount of plastic we generate as a country, as the increase in wealth and affluence contributes to a higher generation of plastic waste.
  • Despite the Plastic Waste Management legislation of 2011, followed by numerous changes in the recent past, most parts of the country lack systematic efforts required to mitigate the risks associated with plastic waste.

Way ahead

Managing plastic waste requires effective knowledge, not only among those who produce plastic but also among those who handle it.

  • Brand owners, consumers, recyclers and regulatory authorities need to take long strides in ensuring that we first inventorize the total amount of plastic waste that we generate by means of proper calculations.
  • The second step would be to identify the avenues where the use of plastic can be minimised.
  • Third, the brand owner and manufacturer should try and understand the fates a plastic packaging material would meet after its purpose of packaging has been served.
  • Last, as consumers, we should ensure that all plastic waste leaving our homes is segregated and is not contaminated with food waste.

Conclusion

  • Plastic, without a doubt, is a miracle commodity that has uses ranging from increasing shelf lives of eatables to medical equipment and automotive.
  • Their waste management needs due attention. And the draft policies is a significant step in this direction.

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