Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Use of statecraft in finding solutions to security problems
Context
In many countries, both the authorities and security agencies are beginning to acknowledge the importance of resorting to statecraft as a vital adjunct to the role played by the security agencies.
The important role of statecraft in security
- Statecraft involves fine-grained comprehension of inherent problems; also an ability to quickly respond to political challenges.
- It further involves strengthening the ability to exploit opportunities as they arise, and display a degree of political nimbleness rather than leaving everything to the security agencies.
- It entails a shift from reposing all faith in the security establishment to putting equal emphasis on implementation of policies and programmes.
- Two prime examples which provide grist to the above proposition are the prevailing situation in Jammu and Kashmir and the continuing problem involving Maoists.
- The need to use statecraft to deal with quite a few other internal security problems — some of which have lain dormant for years — is also becoming more manifest by the day.
Security issues in various regions
- Jammu and Kashmir: While Jammu and Kashmir has been a troubled region ever since 1947, the situation has metamorphosed over the years.
- No proper solution has emerged to a long-standing problem.
- Irrespective of the reasons for the latest upsurge in violence, what is evident is that Jammu and Kashmir has again become the vortex of violence.
- Evidently, the doctrine of containment pursued by the Jammu and Kashmir police and security agencies is not having the desired effect.
- In Jammu and Kashmir today, as also elsewhere, there is no all-in-one grand strategy to deal with the situation.
- The missing ingredient is statecraft which alone can walk in step with the changing contours of a long-standing problem.
- Punjab: The recent discovery of ‘sleeper cells’ in the Punjab clearly indicates the potential for the revival of a pro-Khalistan movement — which once ravaged large parts of the Punjab.
- While pro-Khalistani sentiment is present in pockets in the United Kingdom and in Europe, it has not been in evidence in India for some time.
- Hence, the recent attack by pro-Khalistan elements on the headquarters of the Punjab Police Intelligence wing in Mohali was a rude shock to the security establishment.
- The incident is a reminder that militancy in the Punjab has not been permanently extinguished, and will need deft statecraft to nip it in the bud.
- North-east: In India’s North-east, more specifically in the States of Assam and Nagaland, there are again incipient signs of trouble which, for the present, may need use of statecraft rather than the security forces.
- In Assam, the United Liberation Front of Asom–Independent (ULFA-I) is trying to revive its activities after a long spell of hibernation.
- Likewise in Nagaland, where the National Socialist Council of Nagalim (I-M) has recently initiated a fresh push for a solution of the ‘Naga political issue’, the situation is pregnant with serious possibilities.
- Both instances merit the use of statecraft so that the situation does not get out of hand.
- South India: In the South, intelligence and police officials appear concerned about a likely revival of Liberation Tigers of Tamil Eelam (LTTE)-sponsored activities in Tamil Nadu.
- This stems from a possible revival of LTTE-sponsored militancy in Sri Lanka following the recent economic crises and uncertainty there.
- This situation again needs deft statecraft to prevent a resurgence of the past.
Conclusion
India faces several challenges today, but the answer to this is neither grand strategy nor grand simplifications nor resort to higher doses of security. A properly structured set of policies, having liberal doses of statecraft in addition to a proper set of security measures, is the best answer to India’s needs, now and in the future.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indus Water Treaty
Mains level: Restoration and normalization of India-Pak ties
A five-member Pakistani delegation has arrived in India for talks over the ongoing water dispute under the Indus Water Commission between the two countries.
Why in news?
- India is building 10 hydro plant projects to cut excess water into Pakistan.
- Pakistan is expected to raise the projects being constructed by India under the Indus treaty.
What is Indus Water Treaty?
- The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
- According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
- The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan.
Basis of the treaty: Equitable water-sharing
- Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
- The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
- Equitable it may have seemed, but the fact remained that India conceded 80.52 percent of the aggregate water flows in the Indus system to Pakistan.
- It also gave Rs 83 crore in pounds sterling to Pakistan to help build replacement canals from the western rivers.
- Such generosity is unusual of an upper riparian.
- India conceded its upper riparian position on the western rivers for the complete rights on the eastern rivers.
- Water was critical for India’s development plans.
What were the rights accorded to India?
- The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc.
- It lays down precise regulations to build any water or hydel projects.
- India has been given the right to generate hydroelectricity through run-of-the-river projects on the western rivers subject to specific criteria for design and operation.
- The pact also gives the right to Pakistan to raise objections to designs of Indian hydroelectric projects on the western rivers.
Significance of the treaty
- It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship.
- It has survived 3 crucial wars.
- It may be listed among the most successful international treaties as it has withstood the test of time.
Why has the treaty survived?
- It is for India’s generosity on Pakistan for sharing waters of its own rivers.
- India has refrained from weaponizing waters. Pakistan cannot survive without this treaty.
- About 80% of Pakistan’s agriculture depends on Indus and the riparian rivers waters.
- Backtracking on the treaty could affect India’s stand as global reliable partner who disrespects bilateral agreements.
A tacit nerve of terroristan
- Responding to state sponsor of terrorism by Pakistan, India can escalate a water war , which can kill the crippling economy of Pakistan.
- If India wants, it can either flood or drought-starve Pakistan by not obligating to this treaty.
Need for a rethink
- But PM Modi’s words equally hold relevance that “Blood and waters cannot flow together”.
- There is no reason to believe that India could start a water war with Pakistan on humanitarian grounds.
- Floods and droughts will starve ordinary Pakistanis while their politicians would still live in luxury.
Way forward
- The role of India, as a responsible upper riparian abiding by the provisions of the treaty, has been remarkable.
- However, India needs to rethink or re-negotiate this treaty.
- Just like water affects ordinary Pakistanis, so does terrorism affects Indians.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Unicorns
Mains level: Startups boost in India
Prime Minister has praised India’s startup ecosystem as he highlighted that the country has reached a landmark figure of 100 unicorns with a valuation of more than $300 billion.
What is a Unicorn Startup?
- Unicorns are privately held, venture-capital-backed startups that have reached a value of $1 billion.
- The valuation of unicorns is not expressly linked to their current financial performance.
- This is largely based on their growth potential as perceived by investors and venture capitalists who have taken part in various funding rounds.
Some of the successful Indian unicorns:
- Lenskart
- Cred
- Meesho
- PharmEasy
- Licious
- Grofers etc.
When was the term first used?
- American venture capitalist Aileen Lee is credited with coining the term in 2013.
- It was used to emphasize the rarity of the emergence of such startups.
Unicorn boost in India
- The growth of Unicorns in India has been phenomenal in the past two years.
- From 17 Unicorns in 2018 the number went up to 38 in 2020 and it’s 71 and counting in 2021.
- Many of these unicorns, which have cumulatively raised more than 9 billion dollars till date, have also seen a surge in valuations.
Features of a unicorn Start-up
To be a unicorn is no cakewalk and each unicorn today has its own story with a list of features that worked in its favour.
The few pointers that are commonly seen across all the unicorns is as under:
- Disruptive innovation: Mostly, all the unicorns have brought a disruption in the field they belong to. Uber, for example, changed the way people commuted.
- ‘Firsts’: It is seen that unicorns are mostly the starters in their industry. They change the way people do things and gradually create a necessity for themselves.
- High on tech: Another common trend across unicorns is that their business model runs on tech. Uber got their model accepted by crafting a friendly app.
- Consumer-focused: Often, theirgoal is to simplify and make things easy for consumers and be a part of their day-to-day life.
- Affordability: Keeping things affordable is another key highlight of these startups. Spotify, for example, made listening to music easier to the world.
- Privately owned: Most of the unicorns are privately owned which gets their valuation bigger when an established company invests in it.
- *Mostly software based: A recent report suggests that 87% of the unicorns’ products are software, 7% are hardware and the rest 6% are other products & services.
Entrepreneurship today is ‘survival-driven’ self-employment, formed out of necessity, as well as opportunity motivated, largely because poverty and lack of formal employment opportunities rear their ugly head in striving economies.
Reasons for sudden success
- COVID pandemic: The pandemic accelerated adoption of digital services by consumers helping start-ups and new-age ventures that typically build tech-focused businesses delivering an array of offerings to customers.
- Boost in online services: Many Indians who had traditionally been subscribers of brick-and-mortar businesses moved online and explored a host of services ranging from food delivery and edu-tech to e-grocery.
- Work-from-home culture: This added significant numbers to start-ups’ user base and expedited their business expansion plans and attracting investors.
Inherent challenges to Start-ups in India
- Financial scarcity: Availability of finance is critical for the startups and is always a problem to get sufficient amounts.
- Lack of Infrastructure: There is a lack of support mechanisms that play a significant role in the lifecycle of startups which include incubators, science and technology parks etc.
- Regulatory bottlenecks: Starting and exiting a business requires a number of permissions from government agencies. Although there is a perceptible change, it is still a challenge.
- Compliance hurdles: For example, earlier Angel tax, which stands removed no, falls under corruption and bureaucratic inefficiencies.
- Low success rate: Several startups fail due to shifting away the focus on the fundamentals of business grows.
- Lack of an Innovative Business Model: To be successful a start-up must be innovative. Unfortunately, Indian startups are less innovative than startups elsewhere.
- Non-competitive Indian Markets: Too many startups serving too few consumers are saturating the Indian market. Most startups serve the fraction of Indians who live in urban India.
- Digital divide: The majority of Indians who live in rural areas and small towns remain untouched by most startups.
Various initiatives by the Govt.
There are numerous government initiatives to assist start-ups:
- MUDRA Scheme: Through this scheme, start-ups get loans from the banks to set up, grow and stabilize their businesses.
- SETU (Self-Employment and Talent Utilization) Fund: Government has allotted Rs 1,000 Cr in order to create opportunities for self-employment and new jobs mainly in technology-driven domains.
- E-Biz Portal: It is India’s first government-to-business portal that integrates 14 regulatory permissions and licenses at one source.
- Credit Guarantee Fund: launched by the GoI to make available collateral-free credit to the micro and small enterprise sector.
- Fund of Funds for Start-ups (FFS): 10,000 Rs corpus fund established in line with the Start-up India action plan under SIDBI for extending support to Start-ups.
- Tax Sops: Tax exemption on Capital gain tax, Removal of Angel tax, Tax exemption for 3 years and Tax exemption in investment above Fair Market Value.
Roadmap for the future success of start-ups
Start-ups can judiciously take cues from unicorns in understanding the ecosystem and building a business model that adds value while being sustainable.
- New-age startups should devise a customer-centric business model.
- Through proper branding and strategy, they should make sure that this value proposition reaches the end-user.
- What brings startups closer to success is the execution and customer acquisition strategy, where all the action occurs.
- Notably, technology (rather deep-technology) has played a key role in the making of pioneer business models.
Attracting venture capitalists
- VCs are actively looking for investment opportunities in early-stage startups.
- They possess the selection ability to effectively screen startups having a higher potential to succeed.
- VCs primarily look for a mindset alignment with promoters and companies where they, as investors, can add value by leveraging their industry experience, expertise, network and reputation.
Conclusion
- The current economic scenario in India is in expansion mode. Indian Startups are now spread across the length and breadth of the entire country.
- The word ‘unicorn’ has come a long way from just being a mythological creature to a regular feature in business and finance discussions.
- Innovation and economic growth depend on being able to produce excellent individuals with the right skills and attitudes to be entrepreneurial in their professional lives.
- The Indian government’s policies like Make in India, Digital India, Atmanirbhar etc. shows the enthusiasm to arrest this talent.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Param Ananta Supercomputer
Mains level: National Supercomputing Mission
Param Ananta, a state-of the art Supercomputer was commissioned at IIT Gandhinagar.
Param Ananta
- Param Ananta is capable of offering peak performance of 838 teraflops.
- It is a joint initiative of Ministry of Electronics and Information Technology (MeitY) and Department of Science and Technology (DST).
- This facility is established under Phase 2 of the National Supercomputing Mission (NSM).
- The system is equipped with a mix of CPU nodes, GPU nodes, High Memory nodes, High throughput storage and high performance Infiniband.
- The supercomputer will rank behind C-DAC’s Param Siddhi-AI, which as of November 2021 was the 102nd most powerful supercomputer in the world — with peak performance capability of 3.3 petaflops.
What is a Supercomputer?
- A supercomputer is a computer with a high level of performance as compared to a general-purpose computer.
- The performance of a supercomputer is commonly measured in floating-point operations per second (FLOPS) instead of million instructions per second (MIPS).
- Since 2017, there are supercomputers which can perform over a hundred quadrillion FLOPS (peta FLOPS).
- Since November 2017, all of the world’s fastest 500 supercomputers run Linux-based operating systems.
Specific features
- Param Ananta system is based on Direct Contact Liquid Cooling technology to obtain a high power usage effectiveness and thereby reducing the operational cost.
- Multiple applications from various scientific domains such as Weather and Climate, Bioinformatics, Computational Chemistry, Molecular Dynamics, Material Sciences, Computational Fluid Dynamics etc. have been installed on the system for the benefit of researchers.
- This high end computing system will be a great value addition for the research community.
Back2Basics: National Supercomputing Mission (NSM)
- NSM is a proposed plan by GoI to create a cluster of seventy supercomputers connecting various academic and research institutions across India.
- In April 2015 the government approved the NSM with a total outlay of Rs.4500 crore for a period of 7 years.
- The mission was set up to provide the country with supercomputing infrastructure to meet the increasing computational demands of academia, researchers, MSMEs, and startups by creating the capability design, manufacturing, of supercomputers indigenously in India.
- Currently there are four supercomputers from India in Top 500 list of supercomputers in the world.
Aims and objectives
- The target of the mission was set to establish a network of supercomputers ranging from a few Tera Flops (TF) to Hundreds of Tera Flops (TF) and three systems with greater than or equal to 3 Peta Flops (PF) in academic and research institutions of National importance across the country by 2022.
- This network of Supercomputers envisaging a total of 15-20 PF was approved in 2015 and was later revised to a total of 45 PF (45000 TFs), a jump of 6 times more compute power within the same cost and capable of solving large and complex computational problems.
When did India initiate its efforts to build supercomputers?
- India’s supercomputer program was initiated in the late 1980s, when the United States ceased the export of a Cray Supercomputer due to technology embargos.
- This resulted in India setting up C-DAC in 1988, which in 1991, unveiled the prototype of PARAM 800, benchmarked at 5 Gflops. This supercomputer was the second-fastest in the world at that time.
- Since June 2018, the USA’s Summit is the fastest supercomputer in the world, taking away this position from China.
- As of January 2018, Pratyush and Mihir are the fastest supercomputers in India with a maximum speed of Peta Flops.
What are the phases of the National Supercomputing Mission?
Phase I:
- In the first phase of the NSM, parts of the supercomputers are imported and assembled in India.
- A total of 6 supercomputers are to be installed in this phase.
- The first supercomputer that was assembled indigenously is called Param Shivay. It was installed in IIT (BHU) located in Varanasi.
- Similar systems, Param Shakti (IIT Kharagpur) and Param Brahma (IISER, Pune) were also later installed within the country.
- The rest will be installed at IIT Kanpur, IIT Hyderabad and Jawaharlal Nehru Institute of Advanced Studies (JNIAS).
Phase II:
- The supercomputers that are installed so far are about 60% indigenous.
- The 11 systems that are going to be installed in the next phase will have processors designed by the Centre for Development of Advanced Computing (C-DAC) and will have a cumulative capacity of 10 petaflops.
- These new systems are to be constructed more cost-effectively than the previous ones.
- One of the 11 proposed supercomputers will be installed
- at C-DAC exclusively for small and medium enterprises so that they can train employees as well as work on supercomputers at a very low cost.
Phase III:
- The third phase aims to build fully indigenous supercomputers.
- The government had also approved a project to develop a cryogenic cooling system that rapidly dispels the heat generated by a computing chip. This will be jointly built together by IIT-Bombay and C-DAC.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pacific Nations in news
Mains level: Chinese counter to Western Indo-Pacific strategy
China has suffered a big diplomatic humiliation in the pacific. 10 island nations in the region rejected China’s proposed security pact.
Why in news?
- Chinese foreign minister Wang Yi has returned empty-handed in a highly decorated visit to the Pacific Nations.
- The secret deal that was to be brokered got leaked in public media, caused huge embarrassment to the Chinese.
Conspicuous features of the Pact
- China has had offered to radically ramp up its activities in the South Pacific, directly challenging the influence of the US and its allies in the strategically vital region.
- The failed deal saw Beijing to:
- Train Pacific island police,
- Become involved in cybersecurity,
- Expand political ties,
- Conduct sensitive marine mapping and
- Gain greater access to natural resources on land and in the water
- As an enticement, Beijing is offering millions of dollars in financial aid, the prospect of a potentially lucrative China-Pacific islands free trade agreement and access to China’s vast market.
Why Pacific Nations rejected this lollipop?
- The offer is perceived was “disingenuous” and would “ensure Chinese influence in government” and “economic control” of key industries.
- The nations also cited a lack of regional consensus.
Pls make observations about Pacific Island Nations:
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Implications of Ukraine war for European security
Context
The post-Cold War period of peace in Europe is more an aberration than norm in the continent’s history of conflicts.
Background of the First World War
- The Russian power had collapsed in its far east after the war with Japan in 1904-05.
- Faced with the erosion of Russian influence and the rise of Wilhelmine Germany, which together threatened to alter Europe’s balance of power, France and Britain, competing colonial powers, came together.
- France had already reached an alliance with Russia.
- The three would later form the Triple Entente, triggering a dangerous security competition in Europe with the Triple Alliance (Germany, Austria-Hungary and Italy), which would eventually lead to the First World War in 1914.
- What triggered the great power security competition in the run-up to the First World War was the phenomenal rise of Wilhelmine Germany as a military and industrial power and the regional hegemons’ response to it.
Similarities with the past
- When Otto von Bismarck became the Minister-President of Prussia in September 1862, there was no unified German state.
- Bismarck adopted an aggressive foreign policy, fought and won three wars — with Denmark, Austria and France — destroyed the confederation, established a stronger and larger German Reich that replaced Prussia.
- Bismarck stayed focused on transforming Germany internally in his last two decades.
- It was on the foundation Bismarck built that Wilhelmine Germany turned to weltpolitik in the early 20 century, seeking global domination.
- If Bismarck inherited a weak, loosely connected group of German speaking entities in 1862, Russian President Vladimir Putin got a Russia in 2000 that was a pale shadow of what was the Soviet Union.
- Bismarck spent his years in power expanding the borders of Germany and building a stronger state and economy.
- The post-Cold War Russia initially stayed focused on the restoration of the state and the economy, and then sought to expand its borders and challenge the continent’s balance of power — first the Crimean annexation and now the Ukraine invasion.
- While NATO’s expansion deepened Russia’s security concerns, driving it into aggressive moves, Russia’s aggression has strengthened NATO’s resolve to expand further into Russia’s neighbourhood.
Offensive realism
- Offensive realists argue that “revisionist powers” tend to use force to rewrite the balance of power if they find the circumstances are favourable, while the status quo powers, or the existing regional hegemons, would seek to thwart any new country attaining more power at their expense.
- The result of this type of competition is permanent rivalry and conflict.
- One major difference between the era of Wilhelmine Germany and modern Russia is that there were no well-defined international laws in the 19th and early 20th centuries.
- The international system has evolved ever since.
- But its basic instincts, as realists would argue, have not changed much.
- Mr. Putin’s Russia is not the first country that violated the sovereignty of a weaker power and flouted international laws in the “rules-based” order.
Future of Europe’s security
- Russia apparently had two strategic objectives in Ukraine —
- One, to expand Russian borders and create a buffer.
- And two, to reinforce Russia’s deterrence against NATO.
- While Russia has succeeded, though slowly, in expanding its borders by capturing almost all of Ukraine’s east, the war has backfired on its second objective.
- Russia’s inability to clinch a quick outright victory in Ukraine and the tactical retreats it has already made have invariably dealt a blow to the perception of Russian power that existed before the war.
- This has strengthened NATO, driving even Sweden and Finland into its arms. Besides, the economic sanctions would leave a long-term hole in Russia’s economy.
- But a Russia that is bogged down in Ukraine and encircled by NATO need not enhance Europe’s security.
- As Henry Kissinger said at Davos, Russia had been and would remain an important element in the European state system.
Conclusion
The prospects are bleak. There will not be peace in Europe unless either Russia accepts its diminished role and goes into another spell of strategic retreat or Europe and the West in general accommodate Russia’s security concerns. Both look unrealistic as of today.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Use of technology in governance
Context
There are several reforms and governance initiatives that have successfully steered India to its current strength.
Contribution of Digital India program
- A report carding of Digital India’s performance shows impressive progress.
- Thus far, the government has transferred more than Rs 17 lakh crore through DBT while saving Rs 2.2 lakh crore.
- Today, India has the world’s fastest-growing and most vibrant startup ecosystem with close to 70,000 registered startups and around 100 unicorns, with a unicorn coming up every week.
- GST regime: Thanks to the most significant reform in indirect taxation through the GST and tax compliance, India has registered its highest ever collections.
- Revenue increased from Rs 22 lakh crore in FY 21 to Rs 27 lakh crore in FY 22 — a whopping 22 per cent growth.
- Role in India’s response to pandemic: Digital India played a significant role in India’s response to the pandemic.
- It ensured that the government could reach people in remote parts of the country.
- Health, education and other essential services migrated swiftly to the online mode.
Use of technology for governance amid pandemic
- Digital India played a significant role in India’s response to the pandemic.
- It ensured that the government could reach people in remote parts of the country.
- Health, education and other essential services migrated swiftly to the online mode.
- It would not be an aberration to say that post-Covid, India emerged as a preeminent nation in the use of technology for governance.
Conclusion
The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India and its youth. It is now up to all of us to engage in a collective “sabka prayas” to realise New India’s economic potential.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Reservation issues
This newscard is an excerpt from the original article published in the TH.
Reservation in Promotion
- The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 (1) of the Constitution of India.
- The classifications were various clauses of the same article, especially Article 16(4) and Article 16 (4 A).
- It specifically aimed to provide reservation in promotion to Scheduled Castes and Scheduled Tribes, respectively.
- These articles vested a discretion on the government to consider providing reservations for the socially and educationally backward sections of the society.
Reservation not a fundamental Right
- It is a settled law, time and again reiterated by the Supreme Court, that there is no fundamental right to reservation or promotion under Article 16(4) or Article 16(4 A) of the Constitution.
- Rather they are enabling provisions for providing reservation, if the circumstances so warrant (Mukesh Kumar and Another vs State of Uttarakhand & Ors. 2020).
- However, these pronouncements no way understate the constitutional directive under Article 46.
- Article 46 mandates that the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular SCs and STs.
- However such provisions resulted in the ever-evolving jurisprudence of affirmative action in public employment.
Major events
(1) Mandal storm
- Reservation in employment which was otherwise confined to SC and STs got extended to new section called the Other Backward Classes (OBCs).
- This was the basis of the recommendations of the Second Backward Class Commission as constituted, headed by B.P. Mandal.
- The Mandal Commission (1980) provided for 27% reservation to OBC in central services and public sector undertakings.
- This was over and above the existing 22.5% reservation for SCs and STs, was sought to be implemented by the V.P. Singh Government in 1990.
- The same was assailed in the Supreme Court resulting in the historic Indra Sawhney Judgment.
(2) Indra Sawhney Judgment (1992)
- In the judgment, a nine-judge bench presided by CJI MH Kania upheld the constitutionality of the 27% reservation.
- But it put a ceiling of 50% unless exceptional circumstances warranting the breach, so that the constitutionally guaranteed right to equality under Article 14 would remain secured.
- While Article 16(1) is a fundamental right, Article 16(4) is an enabling provision and not an exception.
- Further, the Court directed the exclusion of creamy layer by way of horizontal division of every other backward class into creamy layer and non-creamy layer.
(3) The Constitution (Seventy-seventh Amendment) Act, 1995
- In Indra Sawhney Case, the Supreme Court had held that Article 16(4) of the Constitution of India does not authorise reservation in the matter of promotions.
- However, the judgment was not to affect the promotions already made and hence only prospective in operation, it was ruled.
- By the Constitution (Seventy-seventh Amendment) Act, 1995, which, Article 16(4-A), was inserted.
- It aimed to provide the State for making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State.
- This was to be in favour of the SCs and the STs which, in the opinion of the State, are not adequately represented in the services under the State.
- Later, two more amendments were brought, one to ensure consequential seniority and another to secure carry forward of unfilled vacancies of a year.
(4) M. Nagaraj (2006) Case
- A five-judge bench of Supreme Court declared the 1995 amendment as not vocative of basic structure of the Constitution.
- It laid down ceratin conditions which included the collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment.
- The bench held that the creamy layer among SCs and STs is to be excluded from reservation.
(5) Jarnail Singh vs Lachhmi Narain Gupta (2018)
- It was authored by Justice Rohinton Nariman and indicates a critical turn in the jurisprudence of reservation.
- In this case, a constitution bench of Supreme Court was called on to examine wisdom of the 2006 judgment.
- This task was to examine the constitutionally recognised socio-economic backwardness of the SCs and STs which may not require any further substantiation.
- It was also contended that the requirement to identify creamy lawyer among SC and STs fell foul of Indra Sawhney decision.
- The constitution bench invalidated the requirement to collect quantifiable data in relation to SCs and STs.
- It upheld the principle of applicability of creamy lawyer in relation to SCs and STs.
(6) The Constitution (103rd Amendment) Act, 2019
- The 10% reservation for Economically Weaker Sections (EWS) other SCs, STs and backward classes for government jobs and admission in educational institutions.
- This is currently under challenge before the Supreme Court which has referred the same to a constitution bench.
- This was a critical milestone to specifically include economic backwardness without social backwardness as is traditionally seen.
(7) Dr. Jaishri Laxmanrao Patil vs Chief Minister (2021)
- Despite the Indra Sawhney ruling, there have been attempts on the part of many States to breach the rule by way of expanding the reservation coverage.
- The Maharashtra Socially and Educationally Backward Classes Act 2018, (Maratha reservation law) came under challenge before the Supreme Court.
- This case was referred to a bench of five judges to question whether the 1992 judgment needs a relook.
- Interestingly, the Supreme Court affirmed the Indra Sawhney decision, and struck down Section 4(1)(a) and Section 4(1)(b) of the Act which provided 12% reservation for Marathas in educational institutions and 13% reservation in public employment respectively.
- This judgment gave out a strong message that some State governments blatantly disregard the stipulated ceiling on electoral gains rather than any exceptional circumstances.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GST slabs, Inverted Duty Structure
Mains level: Read the attached story
The GST regime is due for an overhaul in tax rates levied on different products because of structural anomalies and to reduce the multiple tax slabs.
What is GST?
- GST launched in India on 1 July 2017 is a comprehensive indirect tax for the entire country.
- It is charged at the time of supply and depends on the destination of consumption.
- For instance, if a good is manufactured in state A but consumed in state B, then the revenue generated through GST collection is credited to the state of consumption (state B) and not to the state of production (state A).
- GST, being a consumption-based tax, resulted in loss of revenue for manufacturing-heavy states.
What are GST Slabs?
- In India, almost 500+ services and over 1300 products fall under the 4 major GST slabs.
- There are five broad tax rates of zero, 5%, 12%, 18% and 28%, plus a cess levied over and above the 28% on some ‘sin’ goods.
- The GST Council periodically revises the items under each slab rate to adjust them according to industry demands and market trends.
- The updated structure ensures that the essential items fall under lower tax brackets, while luxury products and services entail higher GST rates.
- The 28% rate is levied on demerit goods such as tobacco products, automobiles, and aerated drinks, along with an additional GST compensation cess.
Why rationalize GST slabs?
- From businesses’ viewpoint, there are just too many tax rate slabs, compounded by aberrations in the duty structure through their supply chains with some inputs are taxed more than the final product.
- These are far too many rates and do not necessarily constitute a Good and Simple Tax.
- Multiple rate changes since the introduction of the GST regime in July 2017 have brought the effective GST rate to 11.6% from the original revenue-neutral rate of 15.5%.
- Merging the 12% and 18% GST rates into any tax rate lower than 18% may result in revenue loss.
Haven’t GST revenues been hitting new records?
- Yes, they have – GST revenues have scaled fresh highs in three of the first four months of 2022, going past ₹1.67 lakh crore in April.
- But there is another key factor — the runaway pace of inflation.
- Wholesale price inflation, which captures producers’ costs, has been over 10% for over a year and peaked at 15.1% in April.
- Inflation faced by consumers on the ground has spiked to a near-eight year high of 7.8% in April.
- The rise in prices was the single most important factor for higher tax inflows along with higher imports.
Can we expect the rate reset this year?
- Any re-arrangement of GST rates will entail some products being taxed higher, with concomitant ripple effects on prices.
- The Centre and the States are not unmindful of the desperate need to rationalise the rate slabs and structure but we just need to get the timing right.
- Presently inflation is the top worry.
- With inflation, much of it imported through pricier fuels, commodities and food items, expected to hover high through the year, the GST rate reset hopes appear bleak in 2022-23.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various terms related to Monsoon
Mains level: Indian Monsoon
The monsoon has reached Kerala, the India Meteorological Department (IMD).
What does the “Onset of Monsoon” mean?
- The onset of the monsoon over Kerala marks the beginning of the four-month — June-September — southwest monsoon season over India.
- It brings more than 70 per cent of the country’s annual rainfall. This marks a significant day in India’s economic calendar.
- IMD announces it only after certain newly defined and measurable parameters, adopted in 2016, are met.
- Broadly, the IMD checks for the consistency of rainfall over a defined geography, its intensity, and wind speed.
(1) Rainfall
- The IMD declares the onset of the monsoon if at least 60% of 14 designated meteorological stations in Kerala and Lakshadweep.
- The 14 enlisted stations are: Minicoy, Amini, Thiruvananthapuram, Punalur, Kollam, Alappuzha, Kottayam, Kochi, Thrissur, Kozhikode, Thalassery, Kannur, Kasaragod, and Mangaluru.
- It records at least 2.5 mm of rain for two consecutive days at any time after May 10.
- In such a situation, the onset over Kerala is declared on the second day, provided specific wind and temperature criteria are also fulfilled.
(2) Wind field
- The depth of westerlies should be up to 600 hectopascal (1 hPa is equal to 1 millibar of pressure) in the area bound by the equator to 10ºN latitude, and from longitude 55ºE to 80ºE.
- The zonal wind speed over the area bound by 5-10ºN latitude and 70-80ºE longitude should be of the order of 15-20 knots (28-37 kph) at 925 hPa.
(3) Heat
- According to IMD, the INSAT-derived Outgoing Longwave Radiation (OLR) value (a measure of the energy emitted to space by the Earth’s surface, oceans, and atmosphere) should be below 200 watt per sq m (wm2).
- This is measured in the box confined by 5-10ºN latitude and 70-75ºE latitude.
Is it unusual for the monsoon to hit the Kerala coast early?
- Neither early nor late onset of the monsoon is unusual.
- In 2018 and 2017, the onset over Kerala occurred on May 29 and May 30, respectively.
- In 2010, onset was realised on May 31.
- In 2020 and 2013, the monsoon was exactly on time, hitting the Kerala coast on June 1.
Does an early onset foretell a good monsoon?
- No, it does not — just as a delay does not foretell a poor monsoon.
- The onset is just an event that happens during the progress of the monsoon over the Indian subcontinent.
- A delay of a few days, or perhaps the monsoon arriving a few days early, has no bearing on the quality or amount of rainfall.
How does the monsoon spread across the country after hitting Kerala coast?
- The northward progression of the monsoon after it has hit the Kerala coast depends on a lot of local factors, including the creation of low pressure areas.
- Though this year monsoon has arrived early, it is possible that despite a late onset over Kerala, other parts of the country start getting rain on time.
- After its onset over Kerala, the monsoon spreads over the entire country by July 15.
Back2Basics:
Various terms related to Indian Monsoon
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: West Nile Virus
Mains level: Vector borne diseases
The Kerala health department is on alert after the death occurred due to the West Nile Virus.
West Nile Virus
- The West Nile Virus is a mosquito-borne, single-stranded RNA virus.
- According to the WHO, it is a member of the flavivirus genus and belongs to the Japanese Encephalitis antigenic complex of the family Flaviviridae.
How does it spread?
- Culex species of mosquitoes act as the principal vectors for transmission.
- It is transmitted by infected mosquitoes between and among humans and animals, including birds, which are the reservoir host of the virus.
- Mosquitoes become infected when they feed on infected birds, which circulate the virus in their blood for a few days.
- The virus eventually gets into the mosquito’s salivary glands.
- During later blood meals (when mosquitoes bite), the virus may be injected into humans and animals, where it can multiply and possibly cause illness.
- WNV can also spread through blood transfusion, from an infected mother to her child, or through exposure to the virus in laboratories.
- It is not known to spread by contact with infected humans or animals.
Symptoms of WNV infection
- The disease is asymptomatic in 80% of the infected people.
- The rest develop what is called the West Nile fever or severe West Nile disease.
- In these 20% cases, the symptoms include fever, headache, fatigue, body aches, nausea, rash, and swollen glands.
- Severe infection can lead to encephalitis, meningitis, paralysis, and even death.
- It is estimated that approximately 1 in 150 persons infected with the West Nile Virus will develop a more severe form of the disease.
- Recovery from severe illness might take several weeks or months.
- It usually turns fatal in persons with co-morbidities and immuno-compromised persons (such as transplant patients).
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From UPSC perspective, the following things are important :
Prelims level: Community Forest Resource (CFR) rights
Mains level: Read the attached story
The Chhattisgarh government has become the only second state in the country to recognize the Community Forest Resource (CFR) rights of a village inside a national park.
What is the news?
- The CFR rights of tribals living in a hamlet inside the Kanger Ghati National Park in Bastar district, were recognised.
- It gave the community the power to formulate rules for forest use.
Try this PYQ first:
Q.Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?
(a) State Forest Department
(b) District Collector/Deputy Commissioner
(c) Tahsildar/Block Development Officer/Mandal Revenue Officer
(d) Gram Sabha
Post your answers here.
What is a Community Forest?
- The community forest resource area is the common forest land that has been traditionally protected and conserved for sustainable use by a particular community.
- The community uses it to access resources available within the traditional and customary boundary of the village; and for seasonal use of landscape in case of pastoralist communities.
- Each CFR area has a customary boundary with identifiable landmarks recognised by the community and its neighboring villages.
- It may include forest of any category – revenue forest, classified & unclassified forest, deemed forest, DLC land, reserve forest, protected forest, sanctuary and national parks etc.
Legal basis for Community Forest Resource (CFR) rights
- The CFR rights are acknowledged under the Section 3(1) (i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.
- This is commonly referred to as the Forest Rights Act or the FRA.
- It aims to provide for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
- These rights allow the community to formulate rules for forest use by itself and others and thereby discharge its responsibilities under Section 5 of the FRA.
Nature of rights included
- CFR rights, along with Community Rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include: nistar rights and rights over non-timber forest products, ensure sustainable livelihoods of the community.
- ‘Nistar’ means the concession granted for removal from forest coupes (small trees) on payment at stipulated rates, specified forest produce for bonafide domestic use, but not for barter or sale.
- These rights give the authority to the Gram Sabha to adopt local traditional practices of forest conservation and management within the community forest resource boundary.
Why is the recognition of CFR rights important?
- Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
- It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
- It also underlines the integral role that forest dwellers play in the sustainability of forests and in the conservation of biodiversity.
- It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of management of the protected forests.
How many CFR certificates have been given in Chhattisgarh?
- According to state government officials, Chhattisgarh has recognised nearly 4,000 CFR rights in the state.
- Kanger Ghati National Park is the second national park, after Simlipal in Odisha, where CFR rights have been recognised.
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From UPSC perspective, the following things are important :
Prelims level: Surrogacy (Regulation) Act, 2021
Mains level: Issues with Surrogacy Laws
The Delhi High Court issued a notice to the Union government on a petition challenging some provisions of the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act.
Issues raised by the petition
- Currently, the laws does not allow single men to have child through surrogacy.
- Married women can only avail surrogacy services if they are unable to produce a child due to medical conditions.
- Otherwise, for women to avail of surrogacy services, they must be aged between 35 and 45 and widowed or divorced.
- Women can only offer surrogacy if they are aged between 25 and 35 and married with at least one biological child.
- The laws also require a surrogate to be genetically related to the couple who intend to have a child through this method, their petition said.
Basis of the Petition
- The personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
- Thus, the right to privacy of every citizen or person affecting a decision to bear or beget a child through surrogacy cannot be taken away.
Distinct features of the Surrogacy (Regulation) Act, 2021
- Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
- Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
- Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
- Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.
Eligibility criteria for surrogate mother:
- To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
- A close relative of the intending couple;
- A married woman having a child of her own;
- 25 to 35 years old;
- A surrogate only once in her lifetime; and
- Possess a certificate of medical and psychological fitness for surrogacy.
- Further, the surrogate mother cannot provide her own gametes for surrogacy.
Also read
[Burning Issue] Surrogacy in India
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rice cultivation
Mains level: Sustainable agricultural practices
Experts in Punjab has said that System of Rice Intensification (SRI) Technique is beneficial for the soil, environment and farmers at par with the Direct Seeding of Rice (DSR) technique.
What is SRI technique?
- SRI was first developed in Madagascar in the 1980s and since then several countries in the world have been practising it, including India.
- It promises to save 15 to 20% ground water, improves rice productivity, which is almost at a stagnant point now.
- Experts said that it gives equal or more produce than the conventional rice cultivation, with less water, less seed and less chemicals.
- The net effect is a substantial reduction in the investments on external inputs.
How does it take place in the field and in which soil?
- First, the field is prepared by ploughing.
- It should be laser levelled before transplanting for proper water management and efficiency for a good crop stand.
- Then irrigation is applied in the field which is not a flooding of field like traditional methods but less than that of a well irrigated field.
- Then 10-12 days old nursery (young paddy plants) along with soil particles around the root with minimum disturbance to the roots are transplanted in lines.
- They are marked at a distance of 10 inches from each other with the help of a rope meter.
Benefits over DSR technique
- Unlike DSR, which is suitable only for mid to heavy textured soils, SRI is suitable in all types of soil including less fertile soil as in such soil the number of seedlings can be increased to double.
- Under SRI 2kg seed is required to grow a nursery for one acre against 5kg seed required in the traditional method.
Does the SRI method require continuous flooding after transplantation of nursery?
- In traditional sowing from the day of transplanting till the crop turns 35-40 days fields are kept under flood-like conditions.
- And then fields are filled every week till a few weeks before harvesting.
- But SRI doesn’t require continuous flooding, it needs intermittent irrigation.
- Indeed the plants’ roots should not be starved for oxygen through flooding.
- Irrigation is given to maintain soil moisture near saturation initially, and water is added to the field when the surface soil develops hairline cracks.
What are the limitations of SRI?
- If unchecked, greater weed growth will cause substantial loss of yield.
- In Punjab, it is not promoted by the government except demonstration plots sown over a decade ago.
- It can be sustainable if organic inputs in the soil structure are maintained.
Try this PYQ:
Q.With reference to the current trends in the cultivation of sugarcane in India, consider the following statements:
- A substantial saving in seed material is made when ‘bud chip settlings are raised in a nursery and transplanted in the main field.
- When direct planting of setts is done, the germination percentage is better with single-budded setts as compared to setts with many buds.
- If bad weather conditions prevail when setts are directly planted, single-budded setts have better survival as compared to large setts.
- Sugarcane can be cultivated using settlings prepared from tissue culture.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 3 only
(c) 1 and 4 only
(d) 2,3 and 4 only
Post your answers here.
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From UPSC perspective, the following things are important :
Prelims level: Man Booker Price
Mains level: NA
Author Geetanjali Shree’s translated Hindi novel, Tomb of Sand, became the first Indian language book to win the International Booker Prize.
Note: Such topics hold very little relevance for CSE prelims. However, last year experience make such topics more uncertain. Still such topics hold relevance for other exams such as CAPF and state PSCs.
What is the Booker Prize?
- The Booker Prize is one of the best-known literary awards for fiction writing in English, including both novels and collections of short stories.
- It was first awarded in 1969.
- Every year a panel of judges decides the best work of the year, with the criteria being that it must be written in English and published in the UK and Ireland.
- This panel of judges is picked from among eminent cultural historians, writers, professors, and novelists, and others from related fields.
- For the Booker Prize, the winner receives £50,000.
About the book
- The 2018 novel titled ‘Ret Samadhi’ was translated by Daisy Rockwell and published as ‘Tomb of Sand’ in 2021.
- The prize is one of two literary awards given out annually by the Booker Prize Foundation, a charity whose stated aim is to “promote the art and value of literature for the public benefit”.
What about the International Booker Prize?
- The International Booker Prize began in 2005.
- A biennial prize initially, it was then awarded for a body of work available in English, including translations, with Alice Munro, Lydia Davis and Philip Roth becoming some of the early winners.
- In 2015, the rules of the International prize changed to make it an annual affair.
- The new rules stipulated that it will be awarded annually for a single book, written in another language and translated into English.
- The £50,000 prize money is divided equally between the author and translator each year.
Why is it called the ‘Booker’?
- The Booker Prize, from 1969 to 2001, was named simply after the Booker Group Limited – a British food wholesale operator that was its initial sponsor.
- The Man Group, an investment management firm based in the UK, began to sponsor the prize in 2002 and it thus came to be known as The Man Booker Prize.
- The Man Group ended their sponsorship in 2019.
- Crankstart, an American charitable foundation, has been the sponsor after that. The prize name has changed back to the ‘Booker’ since then.
Who have been some prominent winners?
- Prominent winners of the coveted prize include Margaret Atwood (‘The Testaments’), Yann Martel (‘Life of Pi’), and Julian Barnes (‘The Sense of an Ending’).
- Many Indian-origin writers have won the Booker in the past, such as Arundhati Roy (‘The God of Small Things’), Salman Rushdie (‘Midnight’s Children’), Kiran Desai (‘The Inheritance of Loss’), and Aravind Adiga (‘The White Tiger’).
- Shree is the first Indian to win an international prize.
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From UPSC perspective, the following things are important :
Prelims level: Sela Macaque, Sela Pass
Mains level: Not Much
A new species of old world monkey recorded from Arunachal Pradesh has been named after a strategic Sela pass at 13,700 ft above sea level.
Sela macaque (Macaca selai).
- This new primate was identified and analysed by a team of experts from the Zoological Survey of India (ZSI) and the University of Calcutta.
- Earlier it was called as White- Cheeked Macaque displaying white cheeks, long and thick hairs on the neck area, and a longer tail.
- Their study has been published in the latest edition of Molecular Phylogenetics and Evolution.
- Phylogenetics relate to the evolutionary development and diversification of a species or group of organisms.
- The phylogenetic analysis revealed that the Sela macaque was geographically separated from the Arunachal macaque (Macaca munzala) of Tawang district by Sela.
- This mountain pass acted as a barrier by restricting the migration of individuals of these two species for approximately two million years.
Protection status
- It has NOT been yet included in the Wildlife (Protection) Act, 1972 of India.
- The potential threat to all species of macaques in the landscape is due to hunting by locals for consumption and habitat degradation due to urbanization and infrastructure development.
About Sela Pass
- The Sela Pass is a high-altitude mountain pass located on the border between the Tawang and West Kameng districts in Arunachal Pradesh.
- It has an elevation of 4170 m and connects the Indian Buddhist town of Tawang to Dirang and Guwahati.
- The pass supports scarce amounts of vegetation and is usually snow-covered to some extent throughout the year.
- While Sela Pass does get heavy snowfall in winters, it is usually open throughout the year unless landslides or snow require the pass to be shut down temporarily.
- The strategically-significant Sela Tunnel project is now nearing completion well before the deadline.
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From UPSC perspective, the following things are important :
Prelims level: AKRUTI Program
Mains level: NA
The Nuclear Power Corporation of India Limited is all set to launch AKRUTI programme in the villages surrounding Kudankulam Nuclear Power Project (KKNPP).
AKRUTI Program
- The Nuclear Power Corporation of India Limited is assisting unemployed youth living near the Tarapur Atomic Power Station (TAPS) through AKRUTI.
- AKRUTI stands for Advanced Knowledge and Rural Technology Implementation (AKRUTI) program.
- Areas of water, food processing, agriculture and waste management in rural areas are covered under the AKRUTI program.
- The scheme aims at empowering villages through implementing different technologies for usage.
- This scheme will lead to sustainable growth of the rural sector across the country.
What is the objective?
- To provide information and mechanism for implementation of BARC technologies in rural areas thereby aiming at overall rural development.
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From UPSC perspective, the following things are important :
Prelims level: Lok Adalat
Mains level: Paper 2- Use of technology by judiciary
Context
The Indian judiciary has increasingly started using technology and the change is reflected in the legal profession in general as well.
Increasing use of digital technology in the judiciary
- With the digitisation of judicial records and the establishment of e-courts, significant developments had taken place in 2020.
- Use of technology to better utilise potential: It is imperative that the use of digital technology be discussed to better utilise its potential, particularly in terms of digitisation of court records, e-filing of cases and their virtual hearing, live streaming of court proceedings.
Background
- In India, e-governance in the field of administration of justice began in the late 1990s, but it accelerated after the enactment of the Information and Technology Act, 2000.
- In the year of 2006, e-courts were launched as a part of the National e-Governance Plan (NEGP).
Digitisation of case files
- When he was the Chief Justice of Allahabad HC, Justice D Y Chandrachud had conceptualised and initiated the project to digitise approximately one crore case files in one year.
- Saving of space and preservation of old documents: This was necessary as not only was a large space required to store so many files, it was also becoming difficult to manually preserve the decades-old documents.
- Traceability: Another purpose was to ensure that these files are traceable electronically as and when required.
- It has also been observed that cases are adjourned simply because affidavits filed several years ago were not restored with the record or were not traceable.
- Once the documents are digitised and e-filed by counsels, at least the cases would not get adjourned by the courts on this account.
- Reducing the risk of missing court records: In State of Uttar Pradesh v. Abhay Raj Singh, it was held by the Supreme Court that if court records go missing and re-construction is not possible, the courts are bound to set aside the conviction.
- Saving of time: With digitisation, it will take much less time for the lower courts to transmit the records as and when called for.
- The lawyers benefit because they or their staff are no longer required to visit the reporting sections or other sections of the court to know about the status of their cases.
- This has been sought to be implemented by the e-Committee of the Supreme Court by issuing directions to ensure that e-filing of cases/petitions by state governments in all matters be made mandatory from January 1, 2022.
Scope for virtual hearing in certain cases
- Cases related to matrimonial issues and domestic violence bounced cheques, motor accident compensation referred to mediation centres and lok adalats could be included in the list of cases fit for disposal through the virtual hearing.
- The hearing of matrimonial cases through video-conferencing was approved by the Supreme Court in the matter of Krishna Veni Nagam v Harish Nagam (2017).
- The direction was short-lived and a coordinate bench of the Supreme Court in the case of Santhini v Vijaya Venkatesh (2018) referred the matter for reconsideration before a larger bench.
- Virtual hearings cannot be a substitute for physical court hearings in all cases.
- However, in appropriate cases and certain categories of cases as identified by the court administration in consultation with the members of the Bar, virtual hearing should be made mandatory.
Live streaming of cases
- In 2018, the Supreme Court allowed the live-streaming of cases of constitutional and national importance on the basis of the judgment in Swapnil Tripathi.
- Step towards transparency: The livestreaming of court proceedings is a step towards ensuring transparency and openness.
- While several reservations were expressed against it, the Gujarat HC in July 2021 became the first court in the country to livestream its proceedings.
- Its example was followed by other HCs like Karnataka, Odisha, Madhya Pradesh and Patna.
Challenges
- Internet connectivity issues and the need for a well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
- Political will and the support of judges and lawyers are also necessary.
- Awareness and training: Judges, court staff and lawyers are not well-versed with digital technology and its benefits.
- The need of the hour is for them to be made aware of these and receive adequate training.
Conclusion
Adoption of technology will bring drastic changes in the field of law and will transform the Court system.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Criminal justice system
Context
The key to an improved criminal justice system is quality forensic labs and well-trained staff, not more legislation and harsher punishments.
About forensic science
- Forensic science is the application of scientific perspectives and techniques to the legal process, including investigations and courtroom protocol.
- It is the use of scientific data and procedures specifically for the legal system.
- There is rigorous procedure involved, including controlled conditions, reliable data collection and the attempt to disprove hypotheses.
- Methodologies like the autopsy procedures, fingerprinting, testing and matching for poisons, blood spatter analysis, matching guns to bullets fired (ballistics), voice sample matches, handwriting assessments and DNA analysis are all facets of forensic science.
Inadequate state forensic facilities
- We have a woefully inadequate number of forensic science laboratories (FSL).
- There are seven central forensic laboratories in India at Hyderabad, Kolkata, Chandigarh, New Delhi, Guwahati, Bhopal and Pune.
- Six of these laboratories, barring Delhi, are under the control of the Directorate of Forensic Science Services (DFSS), and its mission is to render high quality and credible forensic services to the justice delivery system.
- A National Forensic Sciences University was established in Gandhinagar, Gujarat in 2020.
- The existing National Institute of Criminology and Forensic Science in Delhi has been integrated into this new university.
- There are 32 state FSLs and about 529 mobile FSL units, of which Delhi has one state FSL and six mobile units.
- The DNA tests discovered in 1985 are used to identify individuals involved in alleged crimes.
- In 2017, The Hindu reported that while the United Kingdom completes DNA testing on over 60,000 crimes annually, India with over 13 times the population completes such tests on less than 7,500 cases.
- The average pendency at each lab is huge.
- In all states, there were over 50 per cent vacancies in personnel at their facilities.
Way forward
- More investment: We certainly need more investment in the establishment of FSL laboratories, the training and appointment of personnel adept at forensic methodologies and reforms within our police to establish a trained and skilled detective cadre tasked with solving complex and heinous crimes.
- Quality training and accreditation: There is a desperate need for good quality training facilities, standards of accreditation and continuous education programmes for our forensic experts.
Conclusion
It is not more legislation and harsher punishments that will solve crimes, but well-trained forensic staff plying their craft in good quality laboratories that will aid our criminal justice system.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 101st Constitutional Amendment Act
Mains level: Paper 2- Fiscal federalism
Context
On May 19, in Union of India vs Mohit Minerals, the Supreme Court of India delivered a ruling which is likely to have an impact far wider than what the Centre might have imagined when it brought the case up on appeal.
Background
- At stake was the validity of a levy imposed on importers, of Integrated Goods and Services Tax (IGST) on ocean freight paid by foreign sellers to foreign shipping lines.
- The Gujarat High Court had declared the tax illegal.
- The Supreme Court affirmed the ruling and held that the levy constituted double taxation — that is, that the importer, which was already paying tax on the “composite” supply of goods, could not be asked to pay an additional tax on a perceived “service” that it may have received.
Why the ruling could transform the future of fiscal federalism in India
- Equal powers to legislate on GST: While delivering the judgement, the Supreme Court held that both Parliament and the State legislatures enjoy equal power to legislate on Goods and Services Tax (GST).
- The Court said that the Goods and Services Tax Council’s recommendations were just that: recommendations that could never be binding on a legislative body.
- Until now, governments across India have treated the GST Council’s recommendations — even where they disagreed with them — as sacrosanct, because they believed that this was indeed the law.
- According to the Court, State legislatures possess the authority to deviate from any advice rendered by the GST Council and to make their own laws by asserting, in the process, their role as equal partners in India’s federal architecture.
- Conflicting taxation regimes: Because of the ruling, the State governments will be free to exercise independent power to legislate on GST.
- It is possible that this might lead to conflicting taxation regimes, with the idea of ‘One Nation One Tax’ rendered nugatory.
- Constitutional power cannot be limited through statute: The Court’s ruling does not mean that a legislature — whether Parliament or the States’ — cannot through statutory law make the Council’s recommendations binding on executive bodies.
- But a constitutional power, in the Court’s ruling, can never be limited through statute. Such curbs must flow only from the Constitution.
- And in this case, in the Court’s analysis, no restrictions on legislative power can be gleaned on a meaningful reading of the Constitution.
Background of 101st constitutional Amendment
- Unification of tax administration: When, in July 2017, the Union government introduced the GST regime through the 101st constitutional Amendment, it did so based on an underlying belief that tax administration across India needed unification.
- To give effect to this idea, many entries in the State list of Schedule VII of the Constitution were either deleted or amended.
- A power to legislate on GST was inserted through a newly introduced Article 246A.
- No longer could State governments legislate on sale or purchase of goods barring a few exceptions, such as petroleum and liquor through the ordinary legislative route.
- GST Council: In addition, the 101st Amendment also established, through Article 279A, a GST Council.
- The Council was given the power to “make recommendations to the Union and States” on several different matters.
Implications of the judgement
- The use of the word “recommendations” suggested on the one hand that its decisions would be advisory, at best.
- But, at the same time, the fact that Article 279A directed the establishment of a mechanism to adjudicate disputes between governments on decisions taken by the Council suggested that those governments would, in fact, be bound by any advice rendered to them.
- GST would be in jeopardy: If the former reading was to be deployed, the purpose behind the introduction of a common GST would be in jeopardy.
- But the latter interpretation effectively entailed the destruction of the well-laid plans of the Constituent Assembly.
- Fiscal responsibilities that had been divided with much care and attention between the Union and the States would now stand dissolved.
Federal compact
- Although States had until now proceeded on a tacit belief that the GST Council’s recommendations were binding, such an approach, in Justice Chandrachud’s words, would run counter both to the express words of the Constitution and the philosophical values underlying the language deployed.
- Article 246A, which was introduced by the 101st Amendment provides concomitant power both to the Union and to the State governments to legislate on GST.
- It does not discriminate between the two in terms of its allocation of authority.
- That allocation, according to the Court, cannot be limited by a reading of Article 279A, which establishes a GST Council, and which treats the Council’s decisions as “recommendations”.
Conclusion
GST was conceived as a product of what some described as “pooled sovereignty”. But perhaps it is only in an administrative area, animated by contestation, where we can see synergy between different sovereign units, where our nation can take a genuine turn towards a more “cooperative federalism”.
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