Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Defections and effectiveness of anti-defection law
Context
In Maharashtra, recently, and in Madhya Pradesh, a while ago, splits in the ruling party and a subsequent realignment of legislators inaugurated new governments.
Challenges to the effectiveness of anti-defection law
- Splits and switches are commonplace in legislatures across the globe, and India has witnessed at least three distinct waves.
- The first wave occurred towards the latter half of the 1960s when challengers to the Congress attempted to displace it in the States.
- An attempt to end defections: The next phase was inaugurated with an attempt to end the free movement and regulate the behaviour of legislators through the anti-defection law.
- Law incentivise collective defection: While the law discouraged individual movement, it incentivised a collective movement of legislators since it laid down specific numbers to legitimise and validate party switches.
- Defeating the purpose: When legislators switch in groups, the costs are shared, and the move also appears less opportunistic, which in many ways defeats the purpose of the legislation.
- The third phase was inaugurated in 2014 when already-dominant parties began to use splits and switches to weaken and destroy their competitors.
- Therefore, the current phase is bizarre when compared to the past because dominant parties appear to be actively cheering splits and shifts and having no respect for the basic rules of the game.
- The anti-defection law and control of institutions are now weaponised by dominant parties to intervene in the internal working of Opposition parties, and sometimes make and break them.
- Furthermore, legislators are switching support even if it does not count to the making or maintenance of governments.
Argument against the split
- Violation of trust: Switchers violate the trust relationship with their constituents as voters get something other than what they bargained for.
- Difficulty in ensuring accountability: Assuming voters vote for parties and not candidates, the argument is that uncohesive parties make it difficult for voters to draw definitive lines of responsibility.
- Consequently, it is difficult for voters to hold party governments accountable for their actions during elections.
Why do legislators split and switch parties?
- Changes and transformation in parties: While we keep track of party system change, we ignore the point that the component parts, parties which make up the system, too change and transform.
- Parties constantly adapt new modes to sustain and find success for themselves.
- Our popular image of a party is that of the classical mass party, which rises from societal movements and is essentially internally democratic.
- This is what even the Election Commission of India imagines a party should be since many of its guidelines lay stress on the ‘democratic spirit’ and the need for transparency and participation in internal decision-making.
- Centralised structure: Today’s parties are centralised vote-getting machines which primarily work to ensure the return of political leaders to office.
- Focus on getting votes: Mass inputs and ideas do not matter, and it is the central leadership that counts. All party activities begin and end with elections.
- Since parties are mainly concerned with electoral success, anyone who enjoys the confidence of the top leadership and can help increase the seat share is likely to get a ticket.
- Dominance of financial power: Moreover, we now know that parties prefer candidates who bring in their own money, fund other candidates and raise resources for the party. All this puts the party on the ground in the shade.
- Closeness of parties to state: the most significant change is that parties are more closely aligned with the state rather than civil society.
- Parties as a source of services: Parties exchange material and psychological rewards, and goods and services the state provides for electoral advantage.
- Voters also see parties as a supplier of services.
- This connection pushes legislators and parties to be in government or at least close to the government.
- On the supply side, the party on the ground no longer calls the shots; parties are election vehicles and a supplier of services. The party bond exists only as long as it ensures success for the legislator
- On the demand side, the voter does not appear to have any problem, as long as “services” are available.
Conclusion
Splits and switches are not seen as objectionable by legislators and are not punished by voters as well. Legislators will, therefore, be willing to do anything if the benefits exceed the costs.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Asset Reconstruction Company Ltd. (NARCL)
Mains level: Paper 3- Impact of banking scams
Context
The biggest banking scam in India has come to the forefront; in this case, DHFL has hoodwinked a consortium of banks driven by the Union Bank of India to the tune of ₹35,000 crore through financial misrepresentation.
How scams affect economy
- The banking system of any country is the backbone of its economy.
- Excessive losses to banks affect every person in the country because the amounts deposited in banks belong to the citizens of the country.
- The NPAs that banks incur are mainly due to bad loans and scams.
- The data by the RBI also show that one of the fundamental problems in the way of the development of banking in India is on account of rising bank scams and the costs consequently forced on the framework.
- Strangely, as in a Global Banking Fraud survey (KPMG), the issue is not just for India alone; it is a worldwide issue.
Reasons for scams
- Frauds in the banking industry can be grouped under four classifications: ‘Management’, ‘Outsider’, ‘Insider’ and ‘Insider and Outsider’ (jointly).
- Operational failures: All scams, whether interior or outside, are results of operational failures.
- Limited asset monitoring: Research by Deloitte has shown that limited asset monitoring after disbursement (38%) was the foremost reason behind stressed assets and insufficient due diligence before disbursement (21%) was among the major factors for these NPAs.
- Poor bank corporate governance: A study by the Indian Institute of Management Bangalore has shown that poor bank corporate governance is the cause behind rising bank scams and NPAs.
The problems of high NPA
- In a Financial Stability Report released by the RBI in December 2021, there is a projection of the gross NPAs of banks rising from 6.9% in September 2021 to 8.1% of total assets by September 2022 (under a baseline scenario) and to 9.5% under a severe stress scenario.
- A high NPA also reduces the net interest margin of banks besides increasing their operating cost; these banks meet this cost by increasing the convenience fee from their small customers on a day-to-day basis.
Suggestions
- Banks have to exercise due diligence and caution while offering funds.
- Regulation and control of CAs: The regulation and the control of chartered accountants is a very important step to reduce non-performing assets of banks.
- Banks should be cautious while lending to Indian companies that have taken huge loans abroad.
- Tightening audit system: There is also an urgent need to tighten the internal and external audit systems of banks.
- Fast rotation of employees: The fast rotation of employees of a bank’s loan department is very important.
- Public sector banks should set up an internal rating agency for rigorous evaluation of large projects before sanctioning loans.
- Effective MIS: Further, there is a need to implement an effective Management Information System (MIS) to monitor early warning signals about business projects.
- CIBIL score of the borrower: The CIBIL score of the borrower (formerly the Credit Information Bureau (India) Limited) should be evaluated by the bank concerned and RBI officials.
- Use of AI: Financial fraud can be reduced to a great extent by the use of artificial intelligence (AI) to monitor financial transactions.
- Improve loan recovery process: Rather than having to continuously write off the bad loans of large corporates, India has to improve its loan recovery processes and establish an early warning system in the post-disbursement phase.
- Risk assessment: Banks need to carry out fraud risk assessments every quarter.
- Only establishment of National Asset Reconstruction Company Ltd. (NARCL) or the ‘bad bank’ is not a real solution.
- These measures can help only after a loan is bad but not the process of a loan going bad.
Conclusion
While the Government of India and the RBI have taken several measures to try and resolve the issue of scams in the banking industry, the fact is that there is still a long way to go.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Working principle of optical fibre
Mains level: Paper 3- Creating digital infrastructure for 5G
Context
5G technology is going to make inroads into the country very soon.
Making Digital India project successful
- With over 117 crore telecom users and more than 82 crore internet subscribers, India is one of the fastest-growing markets for digital consumers.
- A 2019 Mckinsey study rated India as the second-fastest digitising economy.
- Internet connectivity is critical for making the Digital India project inclusive, and widespread use of optical fibre in the remotest corners of the country is vital to ensure that no one is left behind in this endeavour.
Digital infrastructure for 5G
- Digital infrastructure, which seamlessly integrates with physical and traditional infrastructure, is critical to India’s growth story and the country’s thrust towards self-reliance.
- Networking equipment that relies on optical fibre and other semiconductor-based device ecosystems are at the heart of building the infrastructure that will be needed when the country takes the next step in its digital journey.
- The government has taken several measures to build the next generation of digital infrastructure.
- A basic requirement of 5G will be data transmission networks.
- Optical fibre is the backbone of the digital infrastructure required for this purpose — the data is transmitted by light pulses travelling through long strands of thin fibre.
Optical fibre industry in India
- In the last 10 years, domestic manufacturers invested more than Rs 5,000 crore in optical fibre industry, which has generated direct and indirect employment for around 4 lakh individuals.
- Exports from India: India exported optical fibre worth $138 million to over 132 countries between April 2020 and November 2021.
- India’s annual optic fibre manufacturing capacity is around 100 million fibre km (fkm) and the domestic consumption is around 46 million fkm. Indian optical fibre cable consumption is predicted to increase to 33 million fkm by 2026 from 17 million fkm in 2021.
- A little more than 30 per cent of mobile towers have fibre connectivity; this needs to be scaled up to at least 80 per cent.
Unfair competition from cheap imports
- India’s optical fibre industry has also seen unfair competition from cheap imports from China, Indonesia and South Korea.
- These countries have been dumping their products in India at rates lower than the market price.
- What is dumping? The World Trade Organisation defines dumping as “an international price discrimination situation in which the price of a product offered in the importing country is less than the price of that product in the exporting country’s market”.
- Way ahead: Imposing anti-dumping duties is one way of protecting the domestic industry.
- The Directorate General of Trade Remedies has recently begun investigations against optical fibre imports.
Suggestions
- India needs to invest in R&D, offer production-linked incentive (PLI) schemes to support indigenous high-tech manufacturing and develop intellectual property in critical aspects of digital connectivity.
Conclusion
The need of the hour is to unlock the full potential of India’s optical fibre industry and enable India to emerge as a major manufacturing and technology hub while achieving atmanirbharta in its 5G journey.
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Back2Basics: About optical fibre
- Fiber optics, also spelled fibre optics, the science of transmitting data, voice, and images by the passage of light through thin, transparent fibers.
- In telecommunications, fiber optic technology has virtually replaced copper wire in long-distance telephone lines, and it is used to link computers within local area networks.
- Fibre optics is also the basis of the fiberscopes used in examining internal parts of the body (endoscopy) or inspecting the interiors of manufactured structural products.
- Through a process known as total internal reflection, light rays beamed into the fibre can propagate within the core for great distances with remarkably little attenuation or reduction in intensity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: FRBM Act provisions
Mains level: Paper 3- Freebies and finances of the States
Context
Many states are pursuing the freebie culture, which raises several questions.
About freebies
- Why do governments give freebies? The obvious motivation for States in expanding freebies is to use the exchequer to build vote banks.
- Electoral calculations tempt them to place short-term gains ahead of long-term sustainability.
- Case in which it is necessary? A certain amount of spending on transfer payments to provide safety nets to the most vulnerable segments of the population is not only desirable but even necessary.
- What is the problem? The problem arises when such transfer payments become the main plank of discretionary expenditure, the spending is financed by debt, and the debt is concealed to circumvent the FRBM targets.
- Opportunity cost: The more States spend on transfer payments, the less they have for spending on physical infrastructure such as, for example, power and roads, and on social infrastructure such as education and health, which can potentially improve growth and generate jobs.
Questioning the logic of freebie culture
- Sustainability: Is borrowing and spending on freebies sustainable?
- Best use: Is this the best possible use of public money?
- Opportunity cost: What is their opportunity cost — what is it that the public are collectively giving up so that the government can fund these payments?
- Checks and balances: Should not there be some checks on how much can be spent on them?
Where should government spend the borrowed money?
- Ideally, governments should use borrowed money to invest in physical and social infrastructure that will generate higher growth, and thereby higher revenues in the future so that the debt pays for itself.
- On the other hand, if governments spend the loan money on populist giveaways that generate no additional revenue, the growing debt burden will eventually implode.
But what is the problem with freebies if states are confirming to the FRBM targets?
- Any analysis of State Budgets by the Reserve Bank of India shows that State finances are in good health and that all of them are conforming to the Fiscal Responsibility and Budget Management (FRBM) targets.
- This is a misleading picture.
- Off budget borrowing: Much of the borrowing that funds these freebies happens off budget, beyond the pale of FRBM tracking.
- The typical modus operandi for States has been to borrow on the books of their public enterprises, in some cases by pledging future revenues of the State as guarantee.
- Effectively, the burden of debt is on the State exchequer, albeit well concealed.
- The Comptroller and Auditor General of India (CAG) had in fact pointed out that in respect of some States.
- Huget cost: The costs of fiscal profligacy at the State level can be huge.
- The amount States borrow collectively every year is comparable in size to the Centre’s borrowing which implies that their fiscal stance has as much impact on our macroeconomic stability as does that of the Centre.
- The need, therefore, for instituting more effective checks that can make wayward States fall in line is compelling.
What are the institutional checks and balances? What are the reasons of their failure?
- 1] Legislature and opposition: In theory, the first line of defence has to be the legislature, in particular the Opposition, whose responsibility it is to keep the Government in line.
- But the Opposition does not dare speak up for fear of forfeiting vote banks that are at the end of these freebies.
- 2] Lag in CAG reports: Another constitutional check is the CAG audit which should enforce transparency and accountability.
- In practice, it has lost its teeth since audit reports necessarily come with a lag, by when political interest has typically shifted to other hot button issues.
- 3] The market: The market is another potential check.
- It can signal the health or otherwise of State finances by pricing the loans floated by different State governments differently, reflecting their debt sustainability.
- But in practice this too fails since the market perceives all State borrowing as implicitly guaranteed by the Centre, never mind that there is no such guarantee in reality.
Suggestions
- 1] Amend FRBM Act for complete disclosure: First, the FRBM Acts of the Centre as well as States need to be amended to enforce a more complete disclosure of the liabilities on their exchequers.
- Even under the current FRBM provisions, governments are mandated to disclose their contingent liabilities, but that disclosure is restricted to liabilities for which they have extended an explicit guarantee.
- The provision should be expanded to cover all liabilities whose servicing obligation falls on the Budget, or could potentially fall on the Budget, regardless of any guarantee.
- 2] Centre should impose conditionalities: Under the Constitution, States are required to take the Centre’s permission when they borrow.
- The Centre should not hesitate to impose conditionalities on wayward States when it accords such permission.
- 3] Use of financial emergency provision: There is a provision in the Constitution of India which allows the President to declare a financial emergency in any State if s/he is satisfied that financial stability is threatened.
- This provision has never been invoked so far for fear that this will turn into a political weapon.
- But the provision is there in the Constitution for a reason.
- After all, the root cause of fiscal irresponsibility is the lure of electoral nirvana. It will stop only if the political leadership fears punishment.
- 4] Course correction by the Centre: The Centre itself has not been a beacon of virtue when it comes to fiscal responsibility and transparency.
- To its credit, it has embarked on course correction over the last few years.
- It should complete that task in order to command the moral authority to enforce good fiscal behaviour on the part of States.
Conclusion
The state governments, as well as the Central government, need to avoid the freebies that harm financial health and cause long-term harm. For that, there is a need to implement the suggestions mentioned above.
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Back2Basics: FRBM Act
- The FRBM is an act of the parliament that set targets for the Government of India to establish financial discipline, improve the management of public funds, strengthen fiscal prudence and reduce its fiscal deficits.
- It was first introduced in the parliament of India in the year 2000 by Vajpayee Government for providing legal backing to the fiscal discipline to be institutionalized in the country.
- Subsequently, the FRBM Act was passed in the year 2003.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- I2U2
Context
The first summit this week of I2U2, which brings together India, Israel, the United Arab Emirates and the United States – is exploratory in nature.
I2U2 forum
- Following the Abraham Accords between Israel and the UAE, I2U2 was founded in October 2021 to address marine security, infrastructure, and transportation challenges in the region.
- It was known as the ‘International Forum for Economic Cooperation’at the time. At that time, UAE had referred to the new grouping as the ‘West Asian Quad’.
- I2U2 seeks to empower the partners and encourages them to collaborate more closely, resulting in a more stable region.
- India is seen as a large consumer market as well as a large producer of high-tech and highly sought-after items in the United States.
- This has led India to enhance its relationship with Israel without jeopardising its ties with the UAE and other Arab states.
How I2U2 matters to India
- India can contribute to peace and prosperity in the region: The initiative signifies the US bet that India can contribute significantly to peace and prosperity in the region.
- West Asian engagement: It also underlines a new political will in Delhi to break the old taboos on India’s West Asian engagement.
- Consolidation of India’s Middle East Policy: The I2U2 marks the consolidation of a number of new trends in India’s Middle East policy that acquired greater momentum in the past few years.
- What stands out sharply in India’s new thinking in the Middle East is that the summit involves three countries that Delhi had traditionally kept a safe political distance from.
India-Israel relations
- Although India was one of the first countries to extend recognition to Israel in 1950, Jawaharlal Nehru held back from establishing full diplomatic relations with the Jewish state.
- PV Narasimha Rao reversed that policy in 1992 but he did not travel to Israel nor did he receive an Israeli prime minister.
- Atal Bihari Vajpayee of the BJP, which had a more empathetic view of Israel, hosted Israeli PM Ariel Sharon in 2003.
- While the relationship steadily expanded, there was ideological reluctance in Delhi to give the partnership a political profile.
- In the past few years India imparted a political character to the Israel ties.
- No backlash from the Arab countries: There was little negative reaction to the more open pursuit of India’s ties with Israel.
- The problem was never with the Middle East but Delhi’s ideological preconceptions that distorted India’s view of the region.
- Turkey, now a champion of political Islam, had diplomatic ties with Israel since 1949.
- Egypt normalised ties in 1980.
- Under the Abrahamic accords promoted by the Trump Administration, the UAE, Bahrain, Sudan and Morocco set up formal ties with Israel in 2020.
India’s relations with the Arab countries
- India’s engagement with Israel was matched by effort to deepen India’s ties with the Arab world.
- During his first visit to Israel in 2018, Prime Minister Mode also became the first Indian PM to visit Palestine.
- Even more important has been the transformation of India’s relations with the Gulf Kingdoms, especially the UAE and Saudi Arabia.
- India’s traditional preference in the Arab world was for engaging the republics.
- Engagement with monarchies: Delhi remained wary of engagement with the monarchies, telling itself that they were pro-Pakistan.
- No Indian PM visited Saudi Arabia between 1982 and 2010 and UAE between 1981 and 2015.
- After 2015 India developed strong ties with these governments without a reference to Pakistan.
- Despite Delhi’s ideological posturing, the Middle East had long ceased to be a political priority for India.
- In contrast with the past, recently the prime minister has travelled four times to the UAE alone, negotiated a free trade agreement with it, and has ambitious plans for the transformation of bilateral relations.
- The UAE has also backed India’s 2019 constitutional changes in Kashmir and is ready to invest in the union territory.
Change in India’s approach to the region
- India-US ties: For political Delhi, the US and Western policies in the region were a main part of the problem.
- The immediate focus of Nehru’s policy after independence was to actively oppose US moves in the region in the name of promoting an “area of peace”.
- That policy had no lasting impact as many regional countries sought active economic, political, and security cooperation with the US and the West.
- The I2U2 then marks a big break from the anti-Western tradition in India’s approach to the region.
- Negotiating the terms of joint engagement: In the past, standing up to the West in the Middle East was part of India’s approach, India now is prepared to confidently negotiate the terms of a joint engagement.
Conclusion
India’s participation in the West Asian Quad brings Delhi in line with other major powers– including Europe, China, and Russia – to try and engage all parties in the region. The I2U2 sets the stage for a new and dynamic phase in India’s relations with the Middle East.
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Back2Basics: Abraham Accords
- The Israel–UAE normalization agreement is officially called the Abraham Accords Peace Agreement.
- It was initially agreed to in a joint statement by the United States, Israel and the United Arab Emirates (UAE) on August 13, 2020.
- The UAE thus became the third Arab country, after Egypt in 1979 and Jordan in 1994, to agree to formally normalize its relationship with Israel as well as the first Persian Gulf country to do so.
- Concurrently, Israel agreed to suspend plans for annexing parts of the West Bank.
- The agreement normalized what had long been informal but robust foreign relations between the two countries.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rupee Settlement System for International Trade
Mains level: Read the attached story
RBI has decided to put in place an additional arrangement of international trade for invoicing, payment, and settlement of exports / imports in INR.
- Banks acting as authorised dealers for such transactions would have to take prior approval from the regulator to facilitate this.
- All exports and imports under the invoicing arrangement may be denominated and invoiced in Rupee.
- Exchange rate between the currencies of the two trading partner countries may be market determined.
- Exporters and importers can now use a Special Vostro Account linked to the correspondent bank of the partner country for receipts and payments denominated in rupees.
- These accounts can be used for payments for projects and investments, import or export advance flow management, and investment in Treasury Bills subject to Foreign Exchange Management Act, 1999 (FEMA).
- Also, the bank guarantee, setting-off export receivables, advance against exports, use of surplus balance, approval process, documentation, etc., related aspects would be covered under FEMA rules.
Nostro and Vostro Accounts
- Nostro and vostro are terms used to describe the same bank account; the terms are used when one bank has another bank’s money on deposit.
- They are used to differentiate between the two sets of accounting records kept by each bank.
- Nostro comes from the Latin word for “ours,” as in “our money that is on deposit at your bank.”
- Vostro means “yours,” as in “your money that is on deposit at our bank.”
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Why such move?
- The rupee is at a historic low against the dollar.
- The mechanism is meant to facilitate trade with countries under sanction.
- Payments had become a pain point for exporters immediately after the Russia-Ukraine war broke out, especially after Russia was cut off from the SWIFT payment gateway.
- As a result of the trade facilitation mechanism, we see easing of payment issues with Russia.
- The move would also reduce the risk of forex fluctuation specially looking at the Euro-rupee parity.
- We see this as a first step towards 100% convertibility of rupee.
- It will also help stabilize rupee.
What does the change mean for exports?
- Several countries including Sri Lanka and some in Africa and Latin America are facing forex shortage.
- As such, the new mechanism will help India promote its exports.
- It will also help buy discounted crude oil from Russia, which now accounts for 10% of all imported crude.
Will the move help narrow trade deficit?
- The gap between India’s exports and imports widened to record highs.
- This puts pressure on the current account deficit, which some economists estimate would nearly double to more than 3% of GDP in FY23.
- RBI’s decision may not benefit the external account immediately, but over the medium term, demand for dollars may come down.
- This is partly because opening of new vostro accounts between banks may take some time.
Back2Basics: Currency Convertibility
- Convertibility is the ease with which a country’s currency can be converted into gold or another currency through global exchanges.
- It indicates the extent to which the regulations allow inflow and outflow of capital to and from the country.
- Currencies that aren’t fully convertible, on the other hand, are generally difficult to convert into other currencies.
- Having a convertible currency allows a government to pay for goods and services in a currency that may not be the buyer’s own.
Convertibility of Rupee
- In order to face the serious current account deficit in the balance of payments, the Government of India introduced the partial convertibility of rupee from March 1, 1992.
- This was an inevitable move for the expeditious integration of Indian economy with that of the world.
- Under this system, 60 per cent of the exchange earnings were convertible in rupees at market-determined exchange rate and the remaining 40 per cent were at the officially determined exchange rate.
- Current account convertibility relates to the removal of restrictions on payments relating to the international exchange of goals, services and factor incomes.
- Capital account convertibility refers to a similar liberalization of a country’s capital transactions such as loans and investment, both short term and long term.
A bit difficult, but pls take an effort to try this PYQ from CSP 2020:
If another global financial crisis happens in the near future, which of the following actions/policies are most likely to give some immunity to India?
- Not depending on short-term foreign borrowings
- Opening up to more foreign banks
- Maintaining full capital account convertibility
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 only
(d) 1, 2 and 3
Post your answers here. Detailed explanation will be provided.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mediation Bill
Mains level: Read the attached story
The Parliamentary Standing Committee on Law and Justice has recommended substantial changes to the Mediation Bill.
Mediation Bill, 2021
- Mediation is a voluntary dispute resolution process.
- It is an informal, confidential, flexible, and non-binding process in which an impartial person called a “mediator” helps the parties to understand the interests of everyone involved, and their practical and legal choices.
- The Bill requires persons to try to settle civil or commercial disputes through mediation before approaching any court or tribunal.
- Agreements resulting from mediation will be binding and enforceable in the same manner as court judgments.
Key features of the Bill
(1) Pre-litigation mediation
- Parties must attempt to settle civil or commercial disputes by mediation before approaching any court or certain tribunals.
- Even if they fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage refer the parties to mediation if they request for the same.
(2) Disputes not fit for mediation
- The Bill contains a list of disputes which are not fit for mediation.
- These include disputes: (i) relating to claims against minors or persons of unsound mind, (ii) involving criminal prosecution, and (iii) affecting the rights of third parties.
- The central government may amend this list.
- It will apply to mediations conducted in India: (i) involving only domestic parties, (ii) involving at least one foreign party and relating to a commercial dispute (i.e., international mediation).
(3) Mediation process
- Mediation proceedings will be confidential, and must be completed within 180 days (may be extended by 180 days by the parties).
- A party may withdraw from mediation after two sessions.
- Court annexed mediation must be conducted as per the rules framed by the Supreme Court or High Courts.
(4) Mediators
- Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation service provider (an institution administering mediation).
- They must disclose any conflict of interest that may raise doubts on their independence.
- Parties may then choose to replace the mediator.
(5) Mediation Council of India
- The central government will establish the Mediation Council of India.
- The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including the Law Secretary, and the Expenditure Secretary), and a part-time member from an industry body.
- Functions of the Council include: (i) registration of mediators, and (ii) recognising mediation service providers and mediation institutes (which train, educate, and certify mediators).
(6) Mediated settlement agreement
- Agreements resulting from mediation (other than community mediation) will be final, binding, and enforceable in the same manner as court judgments.
- They may be challenged on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to disputes not fit for mediation.
(7) Community mediation
- This may be attempted to resolve disputes likely to affect the peace and harmony amongst residents of a locality.
- It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of resident welfare associations).
Issues highlighted by the Parliamentary Committee
- Compulsion: The panel cautioned against making compulsory pre-litigation mediation.
- Scope for Delay: Making pre-litigation mediation mandatory may actually result in delaying of cases.
- Judicial intervention: The provision to give higher courts the power to frame rules for mediation was also questioned.
- Narrower scope: The members questioned the non-applicability of the provisions to non-commercial disputes involving the Government and its agencies.
- No bar of experienced professionals: The MCI, established to regulate the profession of mediators, may not have representation of practising mediators with adequate experience.
- Prior approval from centre: The MCI requires prior approval from the central government before issuing regulations related to its essential functions. It is not clear why such prior approval is required.
- Domestic conduct of mediation: The Bill applies to international mediations only if they are conducted in India and not outside.
Why need a law on Mediation?
- Fast: Because the amount of time necessary for the parties and therefore the Mediator to organize for the mediation is significantly way less as that needed for trial or arbitration, a mediation of dispute can occur relatively early.
- Flexible: There exists no set formula for mediation. Different Mediators employ different styles. Procedures are often modified to satisfy the requirements of a specific case.
- Cost Efficient: Because mediation generally requires less preparation, is very less formal than trial or arbitration, and may occur at an early stage of the dispute.
- Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
- Convenient: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn’t subject to the convenience of courts.
- Creative: Resolutions that aren’t possible through arbitration or judicial determination could also be achieved.
- Confidential: What’s said during mediation are often kept confidential. Parties wishing to avoid the glare of publicity can use mediation to stay their disputes low-key and personal
- Control: The parties control the result of the mediation and either party has the advantage of terminating the mediation, if it’s felt that it’s not within the interest of the said party.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pardoning Powers of president and governor
Mains level: Not Much
The Supreme Court has held that the Centre was “bound to advise” the President to remit the life sentence of gangster Abu Salem in the 1993 Mumbai blasts case on his completion of 25 years of his jail term.
What did the SC say?
- On the appellant completing 25 years of his sentence, the Central government is bound to advise the President for the exercise of his powers under Article 72 of the Constitution.
- The Centre could itself consider remission on the completion of 25 years’ sentence in terms of Sections 432 and 433 of the Code of Criminal Procedure.
What is Pardon?
- A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.
Why need Pardon?
- Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
- Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
- Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.
What is the Article 72?
- Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense.
- There are five different types of pardoning:
- Pardon: means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
- Commutation: means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
- Reprieve: means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
- Respite: means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
- Remission: means changing the quantum of the punishment without changing its nature, for example reducing twenty year rigorous imprisonment to ten years.
Cases as specified by art. 72
In all cases where the punishment or sentence:
- is by a court-martial
- is for an offence against any law relating to a matter to which the executive power of the Union extends
- is a sentence of death
Nature of the Pardoning Power
- The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers.
- This has not been discussed by the constitution but is the practical truth.
- Further, the constitution does not provide for any mechanism to question the legality of decisions of presidents or governors exercising mercy jurisdiction.
- But the SC in Epuru Sudhakar Case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.
- The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.
Some traditions
- It is important to note that India has a unitary legal system and there is no separate body of state law.
- All crimes are crimes against the Union of India.
- Therefore, a convention has developed that the governor’s powers are exercised for only minor offenses.
- While requests for pardons and reprieves for major offenses and offenses committed in the UTs are deferred to the President.
Try this PYQ:
Who/Which of the following is the custodian of the Constitution of India?
(a) The President of India
(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
(d) The Supreme Court of India
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: World Population Prospects (WPP)
Mains level: Global population trends
The 2022 edition of the United Nations’ World Population Prospects (WPP) was released.
Why in news?
- India is projected to surpass China as the world’s most populous country in 2023.
What is the World Population Prospects?
- The Population Division of the UN has been publishing the WPP in a biennial cycle since 1951.
- Each revision of the WPP provides a historical time series of population indicators starting in 1950.
- It does so by taking into account newly released national data to revise estimates of past trends in fertility, mortality or international migration.
Main takeaways for the global population
(1) Slow pace of growth
- The world’s population continues to grow, but the pace of growth is slowing down.
- The global population is expected to grow to around 8.5 billion in 2030, 9.7 billion in 2050 and 10.4 billion in 2100.
- In 2020, the global growth rate fell under 1% per year for the first time since 1950.
(2) Region-wise differential
- Rates of population growth vary significantly across countries and regions.
- More than half of the projected increase in global population up to 2050 will be concentrated in just eight countries- Congo, Egypt, Ethiopia, India, Nigeria, Pakistan, the Philippines and Tanzania.
- Disparate growth rates among the world’s largest countries will re-order their ranking by size.
(3) Ageing population
- The population of older persons is increasing both in numbers and as a share of the total.
- The share of the global population aged 65 years or above is projected to rise from 10% in 2022 to 16% in 2050.
- The report suggests measures for ageing population by improving the sustainability of social security and pension systems and by establishing universal health care and long-term care systems.
(4) Decline in fertility rate
- A sustained drop in fertility has led to an increased concentration of the population at working ages (between 25 and 64 years), creating an opportunity for accelerated economic growth per capita.
- This shift in the age distribution provides a time-bound opportunity for accelerated economic growth known as the “demographic dividend”.
(5) International migration
- This is having important impacts on population trends for some countries.
- For high-income countries between 2000 and 2020, the contribution of international migration to population growth (net inflow of 80.5 million) exceeded the balance of births over deaths (66.2 million).
- Over the next few decades, migration will be the sole driver of population growth in high-income countries.
- In many of these countries, the outflows were due to temporary labour movements, such as for Pakistan (net flow of -16.5 million), India (-3.5 million), Bangladesh (-2.9 million), Nepal (-1.6 million) etc.
How reliable is the UN projection, and how do they compare with India’s Census?
- In India, of course, the Registrar General comes out with a population projection based on the Census.
- The last such projection was released in 2019 and it was based on Census 2011.
- The Census projection is slightly lower than the UN projection.
- Still UN projection is widely acknowledged across the world
What is the significance of India overtaking China?
- That India would overtake China has been known for a while.
- Moreover, in the past, when the world population was still at 5-billion or 6-billion levels, there was a concern about overcrowding.
- Those concerns no longer exist because the global population is already 8 billion and several countries (including India) have achieved a replacement rate of fertility.
- The concern now is not about the absolute numbers — India’s population is already 1.4 billion and may go up to 1.6 billion before declining.
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From UPSC perspective, the following things are important :
Prelims level: Nord Stream Pipelines
Mains level: NA
The Nord Stream 1, Germany’s main source of gas from Russia, was recently shut down for scheduled maintenance work.
Why in news?
- There are growing concerns in European countries that Russia would shut down its gas supplies in retaliation against the current sanctions against Moscow.
What is Nord Stream 1?
- It is a system of offshore natural gas pipelines running under the Baltic Sea from Russia to Germany.
- Nord Stream 1 is a 1,224 km underwater gas pipeline that runs from Vyborg in northwest Russia to Lubmin in northeastern Germany via the Baltic Sea.
- Two further pipelines under construction running from Ust-Luga to Lubmin termed Nord Stream 2.
- Majority owned by the Russian energy giant Gazprom, the pipeline is the primary route through which its gas enters Germany.
Worry for Europe
- There have been growing concerns that there could be further restrictions to European gas supplies.
- European countries rely on Russian energy for their cold winters.
- But now they believe that Russia could weaponized their dependency as a response to their sanction due to the conflict in Ukraine.
What are Europe’s alternative sources of energy?
- As an alternative source for energy, European countries have increasingly turned towards the US, from whom they purchase liquified natural gas (LNG) that comes via ships.
- Since ship-delivered gas ends up being far more expensive, there are also attempts to get non-Russian pipeline gas from Norway and Azerbaijan.
- While EU countries were earlier seeking to phase out fossil fuels and emphasize renewable forms of energy, many are now returning to coal to deal with the energy crisis.
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