Note4Students
From UPSC perspective, the following things are important :
Prelims level: NOPEC
Mains level: Global oil prices manipulation by OPEC
US legislation NOPEC which could open members of oil producing group OPEC+ to antitrust lawsuits has emerged as a possible tool to tackle high fuel prices.
What is NOPEC?
- NOPEC stands for No Oil Producing and Exporting Cartels (NOPEC).
- It is a bill to protect US consumers and businesses from engineered oil spikes.
- But some analysts warn that implementing it could also have some dangerous unintended consequences.
Why such a move by the US?
- OPEC+, which groups the Organization of the Petroleum Exporting Countries (OPEC) and allies including Russia, agreed to steep production cuts, curbing supply in an already tight market.
- After the decision, the US decided to reduce the group’s control over energy prices.
Key feature of the NOPEC bill
- The bipartisan NOPEC bill would tweak US antitrust law to revoke the sovereign immunity that has protected OPEC+ members and their national oil companies from lawsuits.
- If signed into law, the US attorney general would gain the option to sue the oil cartel or its members, such as Saudi Arabia, in federal court.
- It is unclear exactly how a federal court could enforce judicial antitrust decisions against a foreign nation.
Is such bill effective?
- Previous versions of the NOPEC bill have failed amid resistance by oil industry groups, including the top US oil lobby groups.
- Saudi Arabia has rebuffed repeated lobbying during visits by Biden officials not to cut production.
- Instead, OPEC+ has agreed to cut output by the most since the start of the COVID-19 pandemic.
Implications of NOPEC
- NOPEC more or less is a knee-jerk reaction from the US against oil hegemony of the OPEC+.
- If passed into law, it could lead to unintended blowback.
- In 2019, for example, Saudi Arabia threatened to sell its oil in currencies other than the dollar if Washington passed a version of the NOPEC bill.
- There is a possibility that other countries could take similar action on the US for withholding agricultural output to support domestic farming, for example.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vyommitra, Gaganyaan Mission
Mains level: Not Much
Vyommitra, the humanoid designed and developed by the ISRO to fly aboard unmanned test missions ahead of the Gaganyaan human space-flight mission, is undergoing pre-flight ground tests at the ISRO Inertial Systems Unit (IISU).
Vyommitra
- The AI-based robotic system is developed at a robotics lab at the Vikram Sarabhai Space Centre (VSSC) at Thumba, Thiruvananthapuram.
- Vyommitra will be used for an unmanned flight of ISRO’s GSLV III rocket in December 2020, which, along with a second unmanned flight in July 2021.
- This will serve as the test of ISRO’s preparedness for its maiden manned space mission, Gaganyaan, being targeted for 2022 to mark 75 years of India’s independence.
Functions of the humanoid
- Vyommitra, equipped with a head, two arms and a torso, is built to mimic crew activity inside the crew module of Gaganyaan.
- Attaining launch and orbital postures, responding to the environment, generating warnings, replacing carbon dioxide canisters, and operating switches, monitoring of the crew module, receiving voice commands, and responding via speech (bilingual) are among the functions listed.
- It will have a human-like face, with lips synchronized for movement to mimic speech.
- Once it is fully developed, Vyommitra will be able to use the equipment on board the spacecraft’s crew module, like safety mechanisms and switches, as well as receive and act on commands sent from ground stations.
What is the recent development?
- The IISU has successfully integrated it with a computer “brain”, which enables it to “read” control panels aboard the unmanned test flights and communicate with the ISRO ground stations.
- It has a certain level of intelligence.
- It is intended to operate and read the display panels and communicate back to ground station using its own voice.
Back2Basics: Gaganyaan Mission
- Gaganyaan is crewed orbital spacecraft intended to be the formative spacecraft of the Indian Human Spaceflight Programme (IHSP).
- The IHSP was initiated in 2007 by ISRO to develop the technology needed to launch crewed orbital spacecraft into low Earth orbit.
- ISRO had been working on related technologies and it performed a Crew Module Atmospheric Re-entry Experiment and a Pad Abort Test for the mission.
- If completed in meantime, India will become the fourth nation to conduct independent human spaceflight after Russia, US, and China.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Role of Governors in State
Mains level: Issues with role of Governor
Context
- In Tamil Nadu, the Governor forwarded the Bill for exemptio from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
- In Kerala the situation has become a bit curious with the Governor publicly announcing that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill. Such actions by Governors throw the legislative programmes of governments out of gear because of the uncertainty surrounding the assent.
What is Role of Governor in Legislature?
- Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor.The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
- Established practice: In all democratic countries, similar provision exists in their constitutions.
- What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
- There are four possible scenarios:
- Assent: He may give assent.
- Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
- Reserve: The third option is to reserve the Bill for the consideration of the President.
- Withhold: The fourth option, of course, is to withhold the assent.
What are the Legislative practice in other democracies ?
- UK: The royal assent is necessary for a Bill to be passed by Parliament to become law and the crown has the power to withhold assent. But it is a dead letter.
- No power of veto: By practice and usage there is no power of veto exercised by the crown in England now. Moreover, refusal of royal assent on the ground that the monarchy strongly disapproves of the Bill or that the Bill is very controversial is treated as unconstitutional.
- USA: In the United States, the President is empowered by the Constitution to refuse assent and return a Bill to the House but if the Houses again pass it with two thirds of each House the Bill becomes law.
Why there is an ambiguity over the role of governors in India?
- Role of the governor: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance.
- Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.
- Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
- No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK . The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.
What is the Court mandated legislative practice?
- According to Article 361: The Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings. It is in fact a unique situation where a government is placed in a situation of having to challenge a Governor’s action of withholding assent to a Bill.
- Reasons: Governor while declaring that he withholds assent will have to disclose the reason for such refusal.
- No Arbitrary actions: Being a high constitutional authority, the Governor cannot act in an arbitrary manner
- Unconstitutional: If the grounds for refusal disclose mala fide or extraneous considerations or ultravires, the Governor’s action of refusal could be struck down as unconstitutional.
- Rameshwar Prasad and Others. vs Union of India case: The Court held: “the immunity granted by Article 361(1) does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides”.
- Pocket veto: since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. This is illogical and militates against the constitutional scheme in respect of law making by the legislatures.
Conclusion
- The legislature reflects the will of the people and is the constitutionally designated body to make laws. If the Governor who does not reflect in any way the aspirations of the people of the State refuses assent, and thereby defeats the legislative programme of the elected government, it would be against the spirit of the Constitution.
Mains Question
Q.Governor is the connecting link between state and central executive. Discuss the duties of Governor with respect to state legislature? Why Governor tilt more towards centre than state?
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From UPSC perspective, the following things are important :
Prelims level: what is IBC
Mains level: IBC reforms
Context
- Speaking at the Sixth anniversary of the insolvency and bankruptcy Board of India (IBBI) on October 1, Union Finance Minister Nirmala Sitharaman said that the country could not afford to lose the “sheen” of its insolvency law, the Insolvency and Bankruptcy code(IBC)
What is Insolvency?
- Simply speaking, insolvency is a financial state of being one that is reached when you are unable to pay off your debts on time.
- Insolvency is essentially the state of being that prompts one to file for bankruptcy. An entity a person, family, or company becomes insolvent when it cannot pay its lenders back on time.
- Typically, those who become insolvent will take certain steps toward a resolution. One of the most common solutions for insolvency is bankruptcy.
What is Bankruptcy?
- Bankruptcy, on the other hand, is a legal process that serves the purpose of resolving the issue of insolvency.
- Bankruptcy is a legal declaration of one’s inability to pay off debts. When one files for bankruptcy, one obliges to pay off what is owed with help from the government.
What is Insolvency and Bankruptcy Code (IBC)?
- In a growing economy, a healthy credit flow and generation of new capital are essential.
- When a company or business turns insolvent or “sick”, it begins to default on its loans.
- In order for credit to not get stuck in the system or turn into bad loans, it is important that banks or creditors are able to recover as much as possible from the defaulter, as quickly as they can.
Why the IBC introduced?
- Increasing Non Performing Assets: In 2016, at a time when India’s Non Performing Assets and debt defaults were piling up, and older loan recovery mechanisms were performing badly, the IBC was introduced to overhaul the corporate distress resolution regime in India.
- Time bound mechanism: To consolidate previously available laws to create a time bound mechanism with a creditor in control model as opposed to the debtor in possession system.
- Two positive outcomes: When insolvency is triggered under the IBC, there can be just two outcomes: resolution or liquidation. liquidation means the process of winding up a corporation or incorporated entity
- Resolution: First objective is finding a way to save a business through restructuring, change in ownership, mergers etc.
- Maximising the value: The second objective is to maximise the value of assets of the corporate debtor maximise the value .
- Credit facility: To promote entrepreneurship, availability of credit, and balancing the interests of all stakeholders.
- Easy exit: The Insolvency and Bankruptcy Code would provide such an environment to ensure easy exit for sick companies and help the country to improve its position in ease of doing business.
- Speedy winding up: The bankruptcy code will make it easier for companies to wind up failed businesses and bring India on a par with developed nations in terms of resolving bankruptcy issues.
- Time bound disposal: Timeliness is key here so that the viability of the business or the value of its assets does not deteriorate further. It minimizes the problem of delay as there are strict timelines within which the case has to be disposed off. Quick disposal of cases will maximize the recovery amount.
- Information database: It prepares a database to provide information on the insolvency status of individuals. In addition to this, specialized insolvency professionals helps in guiding through the process.
- Easy process of claim: Easy process of claim by the creditors also encourages financial institutions to extend credit facilities thus strengthening the financial markets with increased availability of credit for business.
What are the challenges before IBC?
- Weak Resolution: IBBI data for the 3,400 cases admitted under the IBC in the last six years, more than 50% of the cases ended in liquidation, and only 14% could find a proper resolution.
- Increasing deadlines: The IBC was thus initially given a 180 day deadline to complete the resolution process, with a permitted 90 day extension. It was later amended to make the total timeline for completion 330 days is almost a year.
- In FY22, it took 772 days to resolve cases involving companies that owed more than 1,000 crore. The average number of days it took to resolve such cases increased rapidly over the past five years.
- On Haircuts (Debts that banks forgo):The Parliamentary Standing Committee on Finance pointed out in 2021 that in the five years of the IBC, creditors on an average had to bear an 80% haircut in more than 70% of the cases.
- As per The Hindu Data Team, in close to 33 of 85 companies so far that owed more than 1,000 crore, lenders had to take above 90% haircuts. In case of the resolution of the Videocon Group for instance, creditors bore a haircut of 95.3%.
What are experts saying?
- Addressing the delays: In order to address the delays, the Parliamentary Standing Committee suggested that the time taken to admit the insolvency application and transfer control of the company to a resolution process, should not be more than 30 days after filing the case.
- New mechanism: The IBBI has also called for a new yardstick to measure haircuts. It suggested that haircuts not be looked at as the difference between the creditor’s claims and the actual amount realized but as the difference between what the company brings along when it enters IBC and the value realized.
Conclusion
- Insolvency and Bankruptcy Code is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. However, it is the need of the hour to find new and innovative alternatives to make this system comprehensible and address the challenge of delay and resolution.
Mains Question
Q. Insolvency and Bankruptcy Code (IBC) is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. Discuss the challenges and way ahead in the resolution mechanism of IBC.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MTP Act.
Mains level: Abortion rights,Persistence of marital rape and need for its criminalization
Context
- The recent Supreme court judgment expands the definition of rape to marital rape for the MTP Act. Marital rape is still not criminalised. If society does not accept “marital rape” as even a moral offence, how will a woman convince doctors to terminate her pregnancy based on the exception provided by the SC’s verdict.
Background
- The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP).
What is Medical Termination of Pregnancy (MTP) Act?
- Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971
- The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
- The gestation limit: The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
- Doctor’s approval: All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies up to 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
- Contraceptive failure: Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
- In case of fetal disability: There is also no upper gestation limit for abortion in case of fetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.
What is marital rape?
- Marital rape is the act of sexual intercourse with one’s spouse without her consent.
- It is no different manifestation of domestic violence and sexual abuse.
- It is often a chronic form of violence for the victim which takes place within abusive relations.
Statistics on Marital rape in India
- The NFHS-5 survey (2019-21):
- The survey said that 32% of ever-married women have suffered spousal physical, sexual, or emotional violence, and 27% have suffered at least one form of violence.
- Twenty-nine percent of ever- married women have experienced spousal physical violence and 14% have suffered emotional violence.
- The form of sexual violence most commonly reported by women is that their husband used physical force to have sexual intercourse when they did not want to (5%).
- Four per cent reported that their husband forced them with threats or in other ways to perform sexual acts they did not want to and 3% of them reported that their husband forced them to perform any sexual acts they did not want to.
- Women in rural areas are more likely (34%) than women in urban areas (27%) to experience one or more forms of spousal violence.
Why modern India still not accepting marital rape as a rape?
- Definition: The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.
- Non-Criminalization: Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.
- Exemption: Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man. However, the provision contains a crucial exemption, Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
- Marriage as perpetual consent: As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering marital relations. The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to sexual intercourse, and it cannot be otherwise.
What is the link between marital rape and MTP Act?
- The distinction and the cultural ethos: Married women have a different world attire, jewellery, rituals compared to widows or unmarried or deserted women .So is the right to sexual intercourse. In contrast, unmarried women do not have a right to sex. So what does the right to terminate pregnancy mean for them
- Ownership of women’s sexuality: Unmarried women cannot have sex, married women cannot say no to sex because men own women’s sexuality. Husbands can use the legal remedy of restitution of conjugal rights against runaway wives. Ownership is integral here
- Cause of Disharmony: An unmarried woman does not have an owner. It causes confusion and disorder. Women’s sexuality is seen as a cause of disharmony.
Why marital rape must be a crime?
- Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
- Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
- Compulsive relationship: Marital rape may occur as part of an abusive relationship.
- Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
- Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.
Present regulations in India
- Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
- However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
- Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
- According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
- They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.
Way forward
- Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control of all matters relating to her body.
- The recent judgment on the MTP Act has extended the definition of rape to marital rape which is a big step in the right direction.
- However in a society with strong social norms and value systems every stakeholder should have more than a legitimate motive. It has to play an important role.
Mains Question
Q.While abortion is available under legal regulations in the country, Discuss the relationship between the Medical Termination of Pregnancy Act and Marital Rape.
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From UPSC perspective, the following things are important :
Prelims level: Parliamentary Committess
Mains level: Not Much
A recent revamp of the Standing Committees of Parliament could potentially worsen the relations between the government and opposition parties.
Why in news?
- Of the 22 committees announced, the erstwhile ruling party has the post of chairperson in only one, and the opposition party from West Bengal has none.
- The ruling party has the chairmanship of the important committees on Home, Finance, IT, Defence and External Affairs.
What are Committees of Parliament?
- A Parliamentary Committee is a panel of MPs that is appointed or elected by the House or nominated by the Speaker, and which works under the direction of the Speaker.
- It presents its report to the House or to the Speaker.
- Parliamentary Committees have their origins in the British Parliament.
- They draw their authority from Article 105, which deals with the privileges of MPs, and Article 118, which gives Parliament authority to make rules to regulate its procedure and conduct of business.
What do they do?
- Legislative business begins when a Bill is introduced in either House of Parliament.
- But the process of lawmaking is often complex, and Parliament has limited time for detailed discussions.
- Also, the political polarisation and shrinking middle ground has been leading to inconclusive debates in Parliament.
- As a result of this, a great deal of legislative business ends up taking place in the Parliamentary Committees instead.
- The aim is to increase Parliamentary scrutiny, and to give members more time and a wider role in examining important legislation.
What are the various Committees of Parliament?
- Broadly, Parliamentary Committees can be classified into Financial Committees, Departmentally Related Standing Committees, Other Parliamentary Standing Committees, and Ad hoc Committees.
- The Financial Committees include the Estimates Committee, Public Accounts Committee, and the Committee on Public Undertakings.
- These committees were constituted in 1950.
- Seventeen Departmentally Related Standing Committees came into being in 1993, when Shivraj Patil was Speaker of Lok Sabha.
- They aimed to examine budgetary proposals and crucial government policies.
Composition of these committees
- The number of Committees was subsequently increased to 24.
- Each of these Committees has 31 members — 21 from Lok Sabha and 10 from Rajya Sabha.
- Ad hoc Committees are appointed for a specific purpose.
How are the Committees constituted?
- There are 16 Departmentally Related Standing Committees for Lok Sabha and eight for Rajya Sabha; however, every Committee has members from both Houses.
- Lok Sabha and Rajya Sabha panels are headed by members of these respective Houses.
- Among the important Lok Sabha panels are: Agriculture; Coal; Defence; External Affairs; Finance; Communications & Information Technology; Labour; Petroleum & Natural Gas; and Railways.
- The important Rajya Sabha panels include Commerce; Education; Health & Family Welfare; Home Affairs; and Environment.
- There are other Standing Committees for each House, such as the Business Advisory Committee and the Privileges Committee.
- The Presiding Officer of each House nominates members to these panels. A Minister is not eligible for election or nomination to Financial Committees, and certain Departmentally Related Committees.
Appointing of chairmen
- The appointment of heads of the Committees is also done in a similar way. By convention, the main Opposition party gets the post of PAC chairman; it is currently with the Congress.
- Chairmanship of some key committees has been allocated to opposition parties in the past. However, this pattern has changed in the latest rejig.
- The heads of the panels schedule their meetings.
- They play a clear role in preparing the agenda and the annual report, and can take decisions in the interest of the efficient management of the Committee.
- The chairperson presides over the meetings and can decide who should be summoned before the panel.
How do they work?
- Bills that are referred to Committees often return to the House with significant value-addition.
- The Committees look into the demands for grants of Ministries/departments, examine Bills pertaining to them, consider their annual reports, and look into their long-term plans and report to Parliament.
What are Ad hoc Committees?
- Ad hoc Committees cease to exist after they have completed the task assigned to them, and have submitted a report to the House.
- The principal Ad hoc Committees are the Select and Joint Committees on Bills.
- Committees like the Railway Convention Committee, Committee on Food Management and Security in Parliament House Complex, etc. also come under the category of Ad hoc Committees.
What about Joint Parliamentary Committee (JPC)?
- Parliament can also constitute a JPC with a special purpose, with members from both Houses, for detailed scrutiny of a subject or Bill.
- Also, either of the two Houses can set up a Select Committee with members from that House.
- JPCs and Select Committees are usually chaired by ruling party MPs, and are disbanded after they have submitted their report.
Why need all these committees?
- The time to speak on a Bill is allocated according to the size of the party in the House.
- MPs often do not get adequate time to put forward their views in Parliament, even if they are experts on the subject.
- Committees are small groups with relatively less demands on their time; in these meetings, every MP gets a chance and the time to contribute to the discussion.
- Parliament has only around 100 sittings a year; Committee meetings are independent of Parliament’s calendar.
How do discussions/ debates here differ from those in Parliament?
- The discussions are confidential and off-camera.
- Political Party affiliations usually do not come in the way of MPs speaking their minds in ways they are unable to do in Parliament.
- The Committees work closely with multiple Ministries, and facilitate inter-ministerial coordination.
How important are the recommendations of the Committees?
- Reports of Departmentally Related Standing Committees are recommendatory in nature.
- However, suggestions by the Select Committees and JPCs — which have a majority of MPs and heads from the ruling party — are accepted more frequently.
- They are not binding on the government, but they do carry significant weight.
- In the past, governments have accepted suggestions given by the Committees and incorporated them into the Bills.
Significance of Parliamentary committees
- Many MPs concede that “real discussions” happen inside the Committees.
- The former US President Woodrow Wilson had observed that “Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work”.
Try this PYQ:
Q.With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
(a) Committee on Government Assurances
(b) Committee on Subordinate Legislation
(c) Rules Committee
(d) Business Advisory Committee
Post your answers here.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: SC status and related issues
The Supreme Court has sought the most recent position of the Union government on a batch of petitions challenging the Constitution (Scheduled Castes) Order of 1950, which allows only members of Hindu, Sikh and Buddhist religions to be recognised as SCs.
The Constitution Order of 1950
- When enacted, the Constitution (Scheduled Castes) Order of 1950, initially provided for recognising only Hindus as SCs.
- It was then aimed to address the social disability arising out of the practice of untouchability.
- The Order was amended in 1956 to include Dalits who had converted to Sikhism and once more in 1990 to include Dalits who had converted to Buddhism.
- Both amendments were aided by the reports of the Kaka Kalelkar Commission in 1955 and the High Powered Panel (HPP) on Minorities, SCs and STs in 1983 respectively.
What about Christians?
- The Union government in 2019 rejected the possibility of including Dalit Christians as members of SCs.
- This decision was rooted on the exclusion on an Imperial Order of 1936 of the then colonial government, which had first classified a list of the Depressed Classes and specifically excluded “Indian Christians” from it.
Why are Dalit Christians excluded?
- SC status is meant for communities suffering from social disabilities arising out of the practice of untouchability that was prevalent in Hindu and Sikh communities.
- SC status for everyone would significantly swell the population of SCs across the country thus trivializing the purpose itself.
Why neo-Buddhists are included in SC quota?
- The amendment to include Buddhist converts as SCs was passed in 1990.
- Like Dalit Buddhists, Dalits who converted to Islam or Christianity belonged to different sets of caste groups and not just one.
- As a result of this, they cannot be categorised as a “single ethnic group”, which is required by Clause (2) of Article 341 for inclusion.
Major concerns of including other religions
- Sanction of untouchability: The practice of “untouchability” was a feature of Hindu religion and its branches. This would imply that India was trying to “impose its caste system” upon Christians and Muslims.
- Undue internationalization: Allowing the inclusion of Dalit Muslims and Dalit Christians as SCs could result in being misunderstood internationally.
- Reviving casteism: Christians and Muslims of Dalit origin had lost their caste identity by way of their conversion and that in their new religious community, the practice of untouchability is not prevalent.
Is there a case for inclusion?
- The petitions arguing for inclusion have cited several independent Commission reports that have documented the existence of caste and caste inequalities among Indian Christians and Indian Muslims.
- Even after conversion, members who were originally from SCs continued to experience the same social disabilities.
- This was substantiated in the First Backward Classes Commission’s report in 1953, the HPP report on SCs, STs, and Minorities in 1983, the Mandal Commission Report, etc.
- However, these reports do not have enough empirical evidence to support their claims.
Why is the issue debated?
- Non-deserving beneficiaries: The proposition that caste identity is lost upon conversion, noting that even in Sikhism and Buddhism, casteism is not present and yet they have been included as SCs.
- Continued discrimination: The above-mentioned reports argue that caste-based discrimination continues even after conversion, hence entitling these communities to SC status.
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From UPSC perspective, the following things are important :
Prelims level: Click Chemistry
Mains level: Read the attached story
Scientists Carolyn R. Bertozzi, Morten Meldal and K. Barry Sharpless won the 2022 Nobel Prize in Chemistry on for discovering reactions that let molecules snap together to create desired compounds and that offer insight into cell biology.
What the scientists worked on?
- Sharpless came up with the term ‘Click Chemistry’ and worked extensively on it,
- Meldal came up with a special chemical structure called ‘Triazole’ which has many significant applications, and
- Bertozzi took the next step of developing click reactions that could work inside living organisms — ‘bioorthogonal’ reactions take place living systems without interfering with native biochemical processes.
What is Click Chemistry?
- Chemists often try to recreate complex chemical molecules found in nature, and this has applications, among other things, in the field of medicine – how to target and block pathogens in cells.
- However, this process can be complicated and time-consuming.
- Instead of trying to wrangle reluctant carbon atoms into reacting with each other, Barry Sharpless encouraged his colleagues to start with smaller molecules that already had a complete carbon frame.
- If chemists choose simple reactions – where there is a strong intrinsic drive for the molecules to bond together – they avoid many of the side reactions, with a minimal loss of material.
Applications of click chemistry
- Meldal through his experiments came up with the useful chemical structure called triazoles, whch are stable and are found in pharmaceuticals, dyes and agricultural chemicals.
- He also found that the reaction he used could bind together numerous different molecules.
- Bertozzi, using the work of Sharpless and Meldal, came up with an efficient and innovative method to map glycans, which are carbohydrate-based polymers made by all living organisms.
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From UPSC perspective, the following things are important :
Prelims level: ECLGS Scheme
Mains level: Not Much
The Ministry of Finance has raised the credit limit for airlines under the Emergency Credit Line Guarantee Scheme (ECLGS), making them eligible for a sum equivalent to 100% of their outstanding debt, up to a maximum of ₹1,500 crore.
Boost for Aviation sector
- Earlier, airlines were eligible to borrow up to 50% of their credit outstanding up to ₹400 crore.
- This is the second time the government has liberalized the scheme for the aviation sector.
- The scheme introduced for medium and small enterprises during the outbreak of the COVID-19 pandemic was extended till March 2023 and its guarantee cover expanded by ₹50,000 crore to ₹5 lakh crore.
What is ECLGS?
- Under the Scheme, 100% guarantee coverage to be provided by National Credit Guarantee Trustee Company Limited (NCGTC) for additional funding of up to Rs. 3 lakh crore to eligible MSMEs and interested MUDRA borrowers.
- The credit will be provided in the form of a Guaranteed Emergency Credit Line (GECL) facility.
- The Scheme would be applicable to all loans sanctioned under GECL Facility during the period from the date of announcement of the Scheme to 31.10.2020.
Aims and objectives
- The Scheme aims at mitigating the economic distress faced by MSMEs by providing them additional funding in the form of a fully guaranteed emergency credit line.
- The main objective is to provide an incentive to Member Lending Institutions (MLIs), i.e., Banks, Financial Institutions (FIs) and NBFCs to increase access to, and enable the availability of additional funding facility to MSME borrowers.
- It aims to provide a 100 per cent guarantee for any losses suffered by them due to non-repayment of the GECL funding by borrowers.
Salient features of ECGLS
- The entire funding provided under GECL shall be provided with a 100% credit guarantee by NCGTC to MLIs under ECLGS.
- Tenor of the loan under Scheme shall be four years with a moratorium period of one year on the principal amount.
- No Guarantee Fee shall be charged by NCGTC from the Member Lending Institutions (MLIs) under the Scheme.
- Interest rates under the Scheme shall be capped at 9.25% for banks and FIs, and at 14% for NBFCs.
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From UPSC perspective, the following things are important :
Prelims level: Opec+
Mains level: Global fuel dynamics
Oil prices rose about 1%, as OPEC+ members agreed to its deepest cuts to output since the 2020 COVID pandemic, despite a tight market and opposition to cuts from the United States and others.
What is OPEC+?
- The non-OPEC countries which export crude oil along with the 14 OPECs are termed as OPEC plus countries.
- OPEC plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, and Sudan.
- Saudi and Russia, both have been at the heart of a three-year alliance of oil producers known as OPEC Plus — which now includes 11 OPEC members and 10 non-OPEC nations — that aims to shore up oil prices with production cuts.
Why is OPEC+ slashing production?
- Oil prices skyrocketed after Russia’s invasion of Ukraine.
- The cut made recently is the biggest of its kind since 2020 when OPEC+ members slashed outputs by 10 million bpd during the Covid-19 pandemic.
- The reductions would boost prices and be extremely beneficial for the Middle Eastern member states, to whom Europe has turned for oil after levelling sanctions against Russia since it invaded Ukraine.
- OPEC+ members are concerned that a faltering global economy would reduce the demand for oil, and the cuts are seen as a way to protect profits.
Concerns for India
- Even after importing cheap Russian oil, India has not seen any cut in fuel prices.
- Rising oil prices are posing fiscal challenges for India, where heavily-taxed retail fuel prices have touched record highs, threatening the demand-driven recovery.
- India imports about 84% of its oil and relies on West Asian supplies to meet over three-fifths of its demand.
- As one of the largest crude-consuming countries, India is concerned that such actions by producing countries have the potential to undermine consumption-led recovery.
- This would hurt consumers, especially in our price-sensitive market.
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From UPSC perspective, the following things are important :
Prelims level: Quantum Technology
Mains level: Quantum Technology applications
Context
- The Nobel Prize committee decided to honour three scientists Alain Aspect of France, John Clauser of the US, and Anton Zeilinger of Austria for their work in domain quantum physics.
What is the contribution of these three scientists?
- Together, these three have made seminal contributions to not just the foundations of quantum theory but also to efforts that have now enabled the possibility of a wide range of applications.
- Their experiments have conclusively established that the ‘entanglement’ phenomenon observed in quantum particles was real, not a result of any ‘hidden’ or unknown forces.
What is the Significance of this Discovery?
- Wide applications: It could be utilised to make transformative technological advances in computing, hack-free communications, and science fiction-like concept of ‘teleportation’.
What is Quantum Theory?
- Subatomic level: Quantum theory is a fundamental theory in physics that provides a description of the physical properties of nature at the scale of atoms and subatomic particles.It is the foundation of all quantum physics including quantum chemistry, quantum field theory, quantum technology, and quantum information science.
- Different from conventional physics: Quantum mechanics differs from classical physics in that energy, momentum, angular momentum.
- Planck’s assumption: In 1900, Planck made the assumption that energy was made of individual units, or
- Albert Einstein’s theory : In 1905, Albert Einstein theorized that not just the energy, but the radiation itself was quantized in the same manner.
- Louis de Broglie theory: In 1924, Louis de Broglie proposed that there is no fundamental difference in the makeup and behaviour of energy and matter; on the atomic and subatomic level either may behave as if made of either particles or waves. This theory became known as the principle of wave-particle duality: elementary particles of both energy and matter behave, depending on the conditions, like either particles or waves (wave-particle duality).
- Heisenberg proposed: In 1927, Werner Heisenberg proposed that precise, simultaneous measurement of two complementary values – such as the position and momentum of a subatomic particle – is impossible. Contrary to the principles of classical physics, their simultaneous measurement is inescapably flawed; the more precisely one value is measured, the more flawed will be the measurement of the other value. This theory became known as the uncertainty principle, which prompted Albert Einstein’s famous comment, “God does not play dice.”
What is Entanglement?
- Entanglement was another of several weird properties exhibited by these tiny particles. Two particles, having ‘interacted’ with each other at some stage, were found to have got ‘entangled’ in a way that the behaviour of one produced an instantaneous reaction in the other even if the two were no longer connected in any way and were separated by very large distances.
- The entanglement property to open up new technological possibilities. first time that it was possible to ‘teleport’ the quantum states of a particle to another location without the particle moving anywhere and without a medium.
What is Superposition?
- It’s a phenomenon where, a particle exists simultaneously at multiple locations, known as superposition. The chance of finding the particle at any given place was dictated by probabilistic calculations, and once it was found, or observed, at one location, it ceased to exist at all other places.
What was the Einstein’s assessment?
- Special theory of relativity: Einstein’s Special Theory of Relativity prohibited any signal from travelling faster than the speed of light. The seemingly instantaneous communication due to entanglement had the danger of further unravelling the foundations of physics.
- Spooky behaviour: Einstein describes the strange behaviour by quantum particles as ‘spooky’.
- Speed of light: One major concern of Einstein, that entanglement allows for transmission of information at speeds faster than light, was not entirely accurate.When an operation is performed on one of the entangled particles, there is an instantaneous reaction in the other.
- Communication problem: There is no way for the observer at the other end to know the reaction has happened. The observer has to be made aware of the operation having been performed, and this happens only through classical communication channels limited by the speed of light restriction.
Conclusion
- The entanglement property is now being utilised to build the next generation of computers, called quantum computers, which exploit the quantum behaviour of particles to overcome challenges considered as unsurmountable. It is being used to create secure communication algorithms that would be immune to hacking.
Mains Question
Q.What is the quantum theory? How it is different from classical theory of physics? How entanglement property is used in various applications?
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From UPSC perspective, the following things are important :
Prelims level: India china friction points
Mains level: Border security
Context
- The National Congress of the Chinese Communist Party (CCP), scheduled in October, promises to deliver important outcomes, which will impact not just China but affairs of other nations, neighbour and beyond. A look into India-china Relationship as china has always been hostile towards its neighbours.
Background of Indo-China Relations
- 1950
- India and China established diplomatic relations on 1st April 1950.
- India was the first non-socialist country to establish relations with the People’s Republic of China and the catchphrase ‘Hindi Chini Bhai Bhai’ became famous.
- 1955
- Both countries attended the Asian-African Conference in which 29 countries participated in Bandung, Indonesia and jointly advocated the Bandung Spirit of solidarity, friendship and cooperation.
- It has led to the decolonisation of the whole of Asia and Africa and to the formation of a Non-Aligned Movement as the third Way between the Two Blocs of Superpowers.
- The First NAM Summit Conference took place in Belgrade, Yugoslavia, in September 1961.
- 1962
- The border conflict led to a serious setback in bilateral relations.
- 1976
- China and India restored ambassadorial relations and bilateral ties improved gradually.
- 1988
- Indian Prime Minister Rajiv Gandhi visited China, initiating the process of normalization of bilateral relations.
- The two sides agreed to look forward and develop bilateral relations actively in other fields while seeking a mutually acceptable solution to boundary questions.
Areas of Cooperation between India and China
1.Political Relations between India and China
- In 1993, Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control (LAC) on the India-China Border Areas was signed to bring stability and substance in bilateral ties.
- In 2008, two countries have also extended their strategic and military relations.
- MoU was signed to open an additional route for Kailash Mansarovar Yatra through Nathu La.
- India and China have also established a High Level Dialogue Mechanism on Counter Terrorism and Security
- To facilitate exchanges between Indian states and Chinese provinces, States/Provincial Leaders Forum was established
2.Commercial and Economic Relations between Indo-China
- China will establish two Industrial Parks in India and expressed their intention to enhance Chinese investment in India
- India extended e-visa facility to Chinese nationals
- Trade and Economic Relationship are shaped through various dialogue mechanism
- Joint Economic Group led by the Commerce Ministers of both sides
- Strategic Economic Dialogues led by the Vice Chairman of NITI Aayog and the Chairman of National Development and Reform Commission of China
3.Cultural Relations between India and China
- India and China have entered into an agreement on co-production of movies
- Yoga is becoming increasingly popular in China. China was one of the co-sponsors to the UN resolution designating June 21 as the International Day of Yoga
4.Education Relations between India and China
- India and China signed Education Exchange Programme (EEP), which is an umbrella agreement for educational cooperation between the two countries.
- Chinese students are also annually awarded scholarships to study Hindi at Kendriya Hindi Sansthan, to learn Hindi
5.Indian Community
- Presently around 35,500 Indians are staying in China, students and working professional form a major part of it.
- PICFA” Pondicherry India China friendship association is an NGO dedicated for developing people-to-people relation between India and China in areas of education, culture and tourism.
What are the recent anti- India moves by China?
- China continues to stake its claim to Arunachal Pradesh as Southern Tibet.
- Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
- China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
- On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory
What is the present situation of Indo-China relations?
- Troops in Ladakh: We have been on tenterhooks since the sanguinary Galwan clash of 2020, and borne a heavy cost for the “mirror-deployment” of 50,000-60,000 additional troops in Ladakh.
- LAC negotiations: Sino-Indian diplomatic parleys having been suspended, the task of LAC negotiations has been foisted on local military commanders.
- Truce for SCO: The 16th successive commanders’ meeting would have seen yet another futile conclusion, but for compulsions of the impending Shanghai Cooperative Organisation, which apparently led to a modest breakthrough. Consequently, the third round of troop disengagement and the creation of another buffer zone has taken place in Siachen, this time in the area of Gogra-Hot Springs.
- Bilateral Trade: The India-China trade is on course to cross USD 100 billion for the second consecutive year as it has gone up to USD 67.08 billion in the first half of this year amid a big surge of Chinese exports.
- “According to the statistics of Chinese competent authorities, bilateral trade volume between China and India stood at USD 125.66 billion in 2021.China remains the largest trade partner of India and for the first time the bilateral trade exceeded USD 100 billion in 2021.
Issue of concerns in India-China relations:
- Belt Road Initiative: India has objected this, since its inception on grounds of violating its sovereignty pointing to China Pakistan Economic Corridor.
- India’s support to China on global issues has not led to Beijing’s reciprocation for instances: China opposed India’s permanent membership to UN Security Council and entry into NSG.
- India faces trade imbalance heavily in some favor of China. In 2017-18, trade deficit has gone wide to US$62.9 billion in China’s favor.
- Two countries failed to resolve their border dispute and steadily established military infrastructure along border areas Indian media outlets have repeatedly reported Chinese military incursions into Indian territory
- China has expressed concerns about Indian military and economic activities in the disputed South China Sea. Same way India is also concerned about rising Chinese activities in Indian Ocean.
- China’s strong strategic bilateral relations with Pakistan and other neighboring countries like Nepal and Bhutan is cause of concern as these countries act as buffer states.
What are the options for India to learn from the past and see what lies ahead in India-China relations?
- Inevitable Race: The prevailing tension on the China-India border is a symptom of the broader strategic competition between the two Asian neighbors.
- Quad grouping: Immediately after the clashes, India leaned toward the Quad a grouping of the United States, Australia, Japan, and India with multiple summit meetings and other engagements. Until that point, India was unwilling to refer to the Quad as the Quad, instead using the cumbersome India-Australia-Japan-United States grouping.
- Equal seriousness: Both sides should treat the military escalation in eastern Ladakh with equal seriousness.
- Armed coexistence: Even after the resolution of the present standoff in eastern Ladakh, both sides may be in a prolonged period of armed coexistence as a new normal. As the forces on both sides are likely to be relatively balanced, it would be advantageous for both to return to the agreements and understandings from 1993 onward and improve upon them. Clarifying the LAC is a crucial step in this effort.
- Address trade imbalance: India has flagged the unsustainable trade imbalance at the front and centre of the relationship, and this has gone unaddressed. China will need to work on resolving the trade deficit with India. At any rate, decoupling will happen selectively, in the same way and for the same reasons that China is choosing to decouple from the United States. A balanced trade and economic relationship might lay a solid foundation for future relations, given the size of both economies.
- Dialogue is necessary: Better understanding of each other’s regional initiatives through open dialogue is important to build trust. The Indo-Pacific vision is as much a developmental necessity for India as the BRI may be to China. Part of building trust must be an open discussion on each other’s intentions in key regions South Asia and the northern Indian Ocean and East Asia and the western Pacific as well as respect for each other’s special positions in the western Pacific and northern Indian Oceans.
- Protect the core interest: The two sides would need to accommodate the legitimate interests of the other side on key partnerships: China’s with Pakistan and India’s with the United States. These may not be desirable, but in the current circumstances neither will give up its partners, and both India and China could talk through a modus vivendi on the red lines of concern.
Conclusion
- The two countries are standing at a crossroads, and this might be the final chance to take the path to coexistence of cooperation and competition. If not, a new phase of antagonistic rivalry may be starting, with the countries sliding into possible confrontation as the strategic periphery of China collides with the strategic backyard of India in the Indian Ocean region.
UPSC Mains Question
Q.India and China are the two Asian giants aspiring for regional supremacy and global influence, clash is unavoidable. Discuss how India and china can coexist together.
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From UPSC perspective, the following things are important :
Prelims level: Right to Privacy
Mains level: Cyber security,Right to privacy,Technology
Context
- Keeping an eye on the telecommunication regulatory framework Supreme Court issued substantive legal reform on surveillance laws in India. Union government has published the Draft Telecommunications Bill, 2022 to replace the Telegraph Act, 1885.
Background
- Over two decades ago, allegations of surveillance against politicians led to a CBI inquiry and report against V P Singh’s government. The allegations revealed that imaginary reasons were given for ordering phone tapping without authorization.
- Last years, many publications reported that phones of several dozen Indian journalists, lawyers and human rights activists had been compromised using an invasive Israeli-developed malware called Pegasus.
What is Draft Telecommunications Bill, 2022?
- The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
- The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
- The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.
What are the current laws governing communication surveillance in India?
Communication surveillance in India takes place primarily under two laws:
- Telegraph Act, 1885: It deals with interception of calls.
- Call interception:Under Section 5(2) of this law, the government can intercept calls only in certain situations.
- For sovereignty:They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
- Free speech restrictions:These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
- Exceptions for journalists:A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.
- Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
- Electronic surveillance:Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
- Data interception:Under the IT Act, all electronic transmission of data can be intercepted.
- Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.
How the loopholes in the current system breaching the Data Privacy?
- No comprehensive data Protection Law:
- No comprehensive data protection law leaving ambiguities over several laws.
- A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.
- Unaccountable, opaque exercise of surveillance:
- The Telegraph Act contains broad and excessive powers of interception and surveillance of communications carried out through any telegraph.
- The surveillance power is principally contained under Section 5(2), and has resulted in an unaccountable, opaque and unconstitutional exercise of surveillance that has led to accusations across the political spectrum.
- Less transparency:
- Ministry of Home Affairs refuses to disclose even aggregate data on the number of surveillance orders issued by it each year illegally gathered evidence is being sought to prosecute people.
- For instance, the Bombay High Court about three years ago noted in a case that premier investigating agencies such as the CBI have used, interception orders (that) neither have sanction of law nor issued for legitimate aim.
Key features of the Draft Telecommunications Bill, 2022
- The Bill introduces a broad definition of ‘telecommunication services’.
- It now includes internet-based services, in-flight and maritime connectivity, interpersonal communications services, machine to machine communication services, and over-the-top (OTT) based communication services that are made available to users by telecommunication
- KYC and caller id requirements:
- The Bill requires licensed entities to ensure that they identify the persons to whom they provide telecommunication services.
- The Bill places an obligation on telecommunication service providers to do this through a ‘verifiable mode’, as prescribed by the government.
- Licensing, registration, and authorization:
- Under the Bill, four types of permissions are identified – license, registration, authorization and assignment.
- While the Bill does not differentiate between the four types of permissions, it clarifies that a license is only required for providing telecommunication services or operating telecommunication networks
- Wide ranging powers of Central Government:
- The Bill includes wide-ranging powers for the central and state governments in the event of a public emergency or in interest of public safety.
- These powers include taking temporary possession of any telecommunication services, suspension of transmission in cases of public emergency, interception/detainment/disclosure of messages, suspension of communications, or otherwise transmit certain announcements for public safety and national security purposes.
- User protection and duties: User has been declared as an important policy objective of the Government. It places a duty on users to not furnish false information, suppress material information or impersonate others when proving identity to avail telecommunication services.
- Offences and penalties: Any offence under the Bill may be punished with a fine, imprisonment, suspension of telecommunication services or a combination of the above. For companies, the employees who were responsible for the conduct or the business relating to the offence at the time the offence was committed will be punished.
- Dispute resolution mechanism: The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution
What are Concerns over the Draft Telecommunication bill, 2022?
- Regulatory overlaps:The broad of the definition of ‘telecommunication services’ include OTT communication platforms such as WhatsApp, Telegram, Signal among others, may potentially lead to regulatory or jurisdictional overlaps.
- Unchecked use of State powers:The Bill gives broad powers to the central government in prescribed situations without any accompanying checks and balances. The Bill empowers the central and state government to intercept messages in the interest of public safety and emergency without the providing clearly defined guardrails for it.
- Undefined National security: The term, national security is left undefined and does not match constitutional precedent or text which instead uses the phrase,in the interests of the security of state
- Users Less choice in the privacy and security of their digital footprint:
- Power to prescribe standards under Clause 23, which may result in regulations as recently issued by the Computer Emergency Response Team (CERT-In) that have resulted in the closure of servers or services by leading, global VPN providers such as Proton and TunnelBear.
- All of this practically means that users will have less choice in the privacy and security of their digital footprint, as these powers will lead to requirements to locally register and host data, and comply with requirements to identify users (KYC requirements).
Conclusion
- There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens.
Mains Question
Q. Any deviation from the moral and legal parameters set by the law would amount to a deliberate attack on citizens. In this context discuss the data privacy of citizens in the era of massive expansion of internet and mobile usage.
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From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Terror designation in India
A total of 10 members of Hizbul Mujahideen (HM), Lashkar-e-Taiba (LeT) and other proscribed outfits have been designated as terrorists by the Union Ministry of Home Affairs (MHA) under the Unlawful Activities (Prevention) Act (UAPA).
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
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From UPSC perspective, the following things are important :
Prelims level: District formation
Mains level: Not Much
This newscard is an excerpt from the original article published in the DownToEarth.
What are Districts?
- India’s districts are local administrative units inherited from the British Raj.
- They generally form the tier of local government immediately below that of India’s subnational states and territories.
- A district is headed by a Deputy Commissioner/ Collector, who is responsible for the overall administration and the maintenance of law and order.
- The district collector may belong to IAS (Indian Administrative Service).
- Districts are most frequently further sub-divided into smaller administrative units, called either tehsils or talukas or mandals, depending on the region.
How are new districts carved?
- The power to create new districts or alter or abolish existing districts rests with the State governments.
- This can either be done through an executive order or by passing a law in the State Assembly.
- Many States prefer the executive route by simply issuing a notification in the official gazette.
Does the Central government have a role to play here?
- The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
- The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
- The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
- A no-objection certificate may be issued after examining their replies.
Why create districts?
- A district enjoys multiple benefits in terms of endowments from the government for local administration and development.
- The formation of districts leads to the development of infrastructure, including transportation, telecommunication, water, sanitation, health, education and power facilities.
- A good infrastructure attracts potential investors and investments.
- New businesses and industries emerge and existing ones expand.
- This generates employment opportunities for the citizens in and around the district.
Challenges
- The question that arises is what limits a state to declare each place a district.
- The answer lies in the cost associated with the formation of a district.
- A district requires installing administrative offices and deploying officers and public servants.
- This adds to the burden on the government exchequer.
Way forward
- It is also essential to consult the local people who are the end beneficiaries of the decision to understand their aspirations and win their confidence.
- This will potentially mitigate the issues and conflicts between people and government and thereby satisfy the people’s needs at large, which is essential for inclusive growth of state and nation.
Conclusion
- In sum, any political change regarding the formation of a district in a state comes with its own advantages and challenges.
- Thus, the government and policymakers must mull over the decision and perform a cost-benefit analysis before district formation.
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From UPSC perspective, the following things are important :
Prelims level: Cisgenders
Mains level: Abortion rights debate
In a significant judgment, the Supreme Court said it was unconstitutional to distinguish between married and unmarried women while allowing abortion when the foetus is between 20-24 weeks.
What is the news?
- Going a step further, the court said the term ‘woman’ in the judgment included persons other than cisgender women.
What is cisgender?
- The term cisgender is used to define people whose gender identity and expression match the identity assigned to them at birth.
- When a child is born, it is assigned a gender identity based on its physical characteristics.
- Many believe that gender is a social construct, and growing up, the child may or may not confirm to the birth identity.
- For transgender people, their sense of gender identity does not match the one assigned to them at birth.
- Thus, a cisgender woman is a person who was assigned female at birth and continues to identify as a woman.
- On the other hand, a child assigned female at birth can feel it identifies more authentically as a man as it grows up.
Use of gender-inclusive vocabularies in official documents
- Before India’s Supreme Court used ‘cisgender’ in the context of reproductive rights, last year in June, the US government had replaced the word ‘mothers’ with ‘birthing people’.
- Those who advocate the use of ‘birthing people’ say it is not just women who give birth.
- Transmen — a person assigned the female gender at birth but who identifies as a man – and genderqueer people – who identify as neither man nor woman – also give birth.
Why the word cisgender is important?
- If there are ‘transgender’ people, there should be a word for those who are not.
- Giving a label to only one section of the population, especially when that is in the minority, implies that the others are default, ‘normal’, and only that section needs to be labelled.
- Having distinct words for transgender and cisgender people denotes that both are equally valid, neutral experiences, with neither being an aberration.
- Also, cis and trans are not the only gender identifiers in use.
- There are many other terms, such as gender-queer, gender fluid and gender variant.
- Some also choose not to use the traditionally gender-tied pronouns of he/she/her/his, and go for they/them.
Criticism of the term
- Some people, including those working on trans rights, feel terms like ‘cisgender’ belong in the realm of gender theory alone.
- They feel that their usage can be counterproductive – people are less likely to grasp a message if they have to look up the individual words that make up the message.
- Others feel that ‘cisgender’ as a counter to ‘transgender’ is restrictive – reinforcing a binary of genders that many choose to reject.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ponniyin Selvan
Mains level: Not Much
In all the buzz around the Tamil film Ponniyin Selvan: 1 or PS1, a fictional period drama, a point of focus has been the Chola dynasty that the film is based on.
Why in news?
- A notable actor has spoke about the progressiveness of the Chola era.
- He mentioned the architectural marvels and temples, the social setup of the time, and how cities were named after women.
Behind the name- PS1
- The fictional account of the Chola kingdom appeared in a weekly journal in the early 1950s and garnered popularity.
- These were later compiled into a novel called ‘Ponniyin Selvan’, which became the inspiration for the movie, whose second part is due for release in 2023.
Who were the Cholas?
- The Chola kingdom stretched across present-day Tamil Nadu, Kerala, and parts of Andhra Pradesh and Karnataka around 9th to 12th century AD.
- The dynasty was founded by the king Vijaylaya, described as a “feudatory” of the Pallavas.
- Despite being a relatively minor player in the region among giants, Vijaylaya laid the foundation for a dynasty that would rule a major part of southern India.
Might of the Cholas
(1) Defense
- One of the biggest achievements of the Chola dynasty was its naval power, allowing them to go as far as Malaysia and the Sumatra islands of Indonesia in their conquests.
- The domination was such that the Bay of Bengal was converted into a “Chola lake” for some time.
(2) Economy
- While the extent of this domination is disputed, the Cholas had strong ties with merchant groups and this allowed them to undertake impressive naval expeditions.
- In general, even merchant guilds, which had close ties to the court, had to hire their own guards because roads could be dangerous.
(3) Culture
- Another feature is how the practice of building grand temples, common to the dynasties of the region around this time, was ramped up in an unprecedented way by the Cholas, according to Kanisetti.
- The grand Brihadeeswara temple of Thanjavur, built by the Cholas, was the largest building in India in that period.
- Additionally, artworks and sculptures were commissioned by Chola kings and queens, including the famous bronze Nataraja idols.
Women under the Cholas
- The role of women in the royal family is being brought to focus given their impact on public life.
- But that is not to suggest that ordinary women wielded equal power as men.
- The royal women’s proximity to male power was valued, rather than women in general.
Local annexations
- When the Chola King Rajadhiraja came to power in 1044, he was able to “subdue” Pandyan and Kerala kings, and presumably to celebrate these victories performed the Ashvamedha sacrifice.
- The Chola rulers sacked and plundered Chalukyan cities including Kalyani and massacred the people, including Brahmans and children.
- They destroyed Anuradhapura, the ancient capital of the rulers of Sri Lanka.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: International Day of Non-Violence
Mains level: NA
The International Day of Non-Violence event, held at the UN headquarters in New York, saw a life-size hologram of Gandhi displayed.
International Day of Non-Violence
- Every year, since 2007, the day is observed on October 2, the birth anniversary of Mahatma Gandhi.
- Iranian Nobel Laureate Shirin Ebadi, in January 2004, first proposed the idea of dedicating a day to non-violence, around the world.
- In 2007, the UN General Assembly (UNGA) passed a resolution to commemorate October 2 as the International Day of Non-Violence, with the core objective to “disseminate the message of non-violence, including through education and public awareness.”
What does the term “non-violence” stand for?
- The UN defines the term as a rejection of the use of physical violence in order to achieve social or political change.
- The UNGA resolution reaffirms the universal relevance of the principle of non-violence and establishes a desire to secure a culture of peace, tolerance, understanding and non-violence.
- The theory emphasises that the power of rulers depends on the consent of the populations, and non-violence therefore seeks to undermine such power through withdrawal of the consent and cooperation of the populace.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various Schemes
Mains level: Malnutrition, under-nutrition and micro-nutrition.
Context
- Under the free breakfast scheme of Tamil Nadu Government, children in government schools from Class I to Class V will get nutritious breakfast provided in their schools every morning. The scheme is aimed at encouraging more children to continue to come to school and help prevent dropouts in primary level.
CM’s Breakfast Scheme
- The scheme covers around 1.14 lakh students in 1,545 schools which include 417 municipal corporation schools, 163 municipality schools and 728 taluk and village panchayat-level schools.
- The inauguration of the scheme marks an important milestone in the State’s history of providing free meals to school students.
- Morning Breakfast: Under the morning breakfast scheme, every student is to be provided a cooked meal of 150-500 grams breakfast with sambar with vegetables. With a budget outlay of Rs33.5 crore in the initial phase, the new scheme caters to 1,14,095 primary school students from1,545 government schools.
- Micronutrients deficiency: School administration will serve hot breakfasts to schoolchildren by 8:30 am before their classes begin. Students will be served upma, kichadi or Pongal from Monday to Friday, while rava kesari or semiya kesari will be added to the menu on Fridays.The local millets available in the area will also be part of the menu for at least two days a week.
- Aim of the scheme: The scheme mainly aims to help students attend school hunger free and improve their nutritional status.
What do the Critics of the scheme argue?
- Freebies: The scheme stands at the confluence of three socio-political developments: a fierce but murky political debate on freebies.
- Mid-day meal scheme: There was no need to supplement the existing mid-day meal scheme. But going by the content of the scheme, it seems unlikely that it will bring any substantial or sustained improvements in the above mentioned aspects of nutrition, especially since T.N. is already doing well in this regard.
- Populism: This is just a populist scheme by state government for vote bank politics.
- Questionable outcomes: Though the scheme has the potential to ensure that children attend classes hunger free, reliable and representative data on what proportion of them attend school without having breakfast regularly is scarce. Though the State acknowledges that students tend to skip breakfast because of the school timing and their financial situation, it is important to identify which among these is the significant contributor. The present approach does not distinguish between the two.
What the Defenders of the scheme argue?
- Positive outcomes: Studies from other countries suggest that free breakfast schemes might help increase educational outcomes through a likely increase in school attendance and improved concentration on studies.
- On freebies: The freebie debate strategically deploys fiscal burden as a potent tool to possibly constrain States from discharging this responsibility.
Why feeding children in school is important?
- Welfare state: The States have a responsibility to promote welfare and minimise inequalities in income as well as in facilities and opportunities among individuals and groups (Article38).
- Global Food Security Index: The welfare responsibility of the States remains undiminished, especially since India is ranked 71out of 113 countries on the Global Food Security Index.
- Global Hunger Index: India ranked 101 out of 116countries on the Global Hunger Index.
- Human development index: 132 out of 191 countries on the Human Development Index. India’s mean years of schooling stood at just 6.7 years in 2020-21.
- Inequality: Additionally, India has among the highest levels of inequality in education. This responds closely with the rising wealth inequality, as brought out by the recent Credit Suisse report.
- Stunting and wasting: Malnourishment in children (stunting, wasting and underweight) under 5 years has reduced as per National family health survey-5 (2019-21) from 38.4% to 35.5%, 21.0% to 19.3% and 35.8% to 32.1% respectively as compared to NHFS-4 (2015-16). However present scenario is not good as compare to other developing nations in south Asia.
What are the different Existing Scheme?
- The Midday Meal Scheme: The Midday meal is a school meal programme in India designed to better the nutritional standing of school-age children nationwide.
- The programme supplies free lunches on working days for children in primary and upper primary classes in government, government aided, local body, Education Guarantee Scheme, and alternate innovative education centres, Madrasa supported under Sarva Shiksha Abhiyan, and National Child Labour Project schools run by the ministry of labour.
- Serving 120 million children in over 1.27 million schools and Education Guarantee Scheme centres, the Midday Meal Scheme is the largest of its kind in the world.
- PM-POSHAN: The name of the scheme has been changed to PM-POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme, in September 2021, by MoE (Ministry of Education), which is nodal ministry for the scheme.
- The Central Government also announced that an additional 24 lakh students receiving pre-primary education at government & government-aided schools would also be included under the scheme by 2022.
Conclusion
- India’s spending in human development enhancing welfare schemes has been very dismal. There is an urgent need for implementing innovative and effective welfare schemes to address the disruptions caused by the pandemic in the education and nutrition sectors and strengthen these sectors.
Mains Question
Q.Malnutrition, under-nutrition and micro-nutrition requires a different approach. Distinguish and suggest the existing policy gaps to address them.
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From UPSC perspective, the following things are important :
Prelims level: Mediation Bill
Mains level: Scope of Mediation Bill
Context
- The Mediation Bill, 2021 was introduced in the Rajya Sabha on December20, 2021,with the Parliamentary Standing Committee being tasked with a review of the Bill. The committee’s report to the Rajya Sabha was submitted on July 13, 2022. In its report, the Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising mediation and establishing the Mediation Council of India.
What is mean by mediation?
- Mediation: Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
- Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
- Very 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
Why does India need mediation?
- No separate law: While there is no standalone legislation for mediation in India, there are several statutes containing mediation provisions,such as the Code of Civil Procedure, 1908,the Arbitration and Conciliation Act, 1996,the Companies Act, 2013, the Commercial Courts Act, 2015, and the Consumer Protection Act, 2019.
- Supreme Court mandate: The Mediation and Conciliation Project Committee of the Supreme Court of India describes mediation as a tried and tested alternative for conflict resolution.
- Being an international signatory: As India is a signatory to the Singapore Convention on Mediation (formally the United Nations Convention on International Settlement Agreements Resulting from Mediation), it is appropriate to enact a law governing domestic and international mediation.
- Promote mediation: The Bill aims to promote, encourage, and facilitate mediation, especially institutional mediation, to resolve disputes, commercial and otherwise.
- Mandatory Mediation: The Bill further proposes mandatory mediation before litigation. At the same time, it safeguards the rights of litigants to approach competent adjudicatory forums/courts for urgent relief.
- Confidentiality: The mediation process will be confidential and immunity is provided against its disclosure in certain cases.
- Legally binding: The outcome of the mediation process in the form of a Mediation Settlement Agreement (MSA) will be legally enforceable and can be registered with the State district or taluk legal authorities within 90days to ensure authenticated records of the settlement.
- Mediation Council of India: The Bill establishes the Mediation Council of India and also provides for community mediation.
- Services of Mediator: If the parties agree, they may appoint any person as a mediator. If not, they may apply to a mediation service provider to appoint a person from its panel of mediators.
- Disputes where no mediation required: The Bill lists disputes that are not fit for mediation (such as those involving criminal prosecution, or affecting the rights of third parties). The central government may amend this list.
- Time bound process: The mediation process must be completed within 180 days, which may be extended by another 180 days by the parties.
What are the Concerns over the bill?
- Mandatory provision: According to the Bill, pre-litigation mediation is mandatory for both parties before filing any suit or proceeding in a court,whether or not there is a mediation agreement between them.
- Monetary punishment: Parties who fail to attend pre-litigation mediation without a reasonable reason may incur a cost. However,as per Article 21 of the Constitution,access to justice is constitutional right which cannot be fettered or restricted. Mediation should just be voluntary and making it otherwise would amount to denial of justice.
- Clause 26: According to Clause26 of the Bill, court annexed mediation, including pre-litigation mediation, will be conducted in accordance with the directions or rules framed by the Supreme Court or High Courts. However, the Committee objected to this. It stated that Clause26 went against the spirit of the Constitution.In countries that follow the Common Law system, it is a healthy tradition that inthe absence of statutes, apex court judgments and decisions carry the same weight. The moment a law is passed however, it becomes the guiding force rather than the instructions or judgments given by the courts. Therefore, Clause 26 is unconstitutional.
- Lack of international enforceability: Bill considers international mediation to be domestic when it is conducted in India with the settlement being recognised as a judgment or decree ofa court. The Singapore Convention does not apply to settlements that already have the status of judgments or decrees. As a result, conducting cross border mediation in India will exclude the tremendous benefits of worldwide enforceability.
Conclusion
- In order to enable a faster resolution of disputes,the Bill should be implemented after discussion with stakeholders and resolve the issues in an amicable manner. It’s a good opportunity for India to become an international mediation hub for easy business transactions.
Mains Question
Q.Address the key concerns in the mediation bill 2021 and how India can become the centre of international dispute resolutions.Discuss.
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