October 2023
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Parliament – Sessions, Procedures, Motions, Committees etc

Money Bill: SC to hear challenge

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Money Bill and related provisions and procedure

Mains level: Money Bill debate and Supreme Court in interpretations

What’s the news?

  • In recent years, some major legislations have been passed via the money bill route. Now a seven-judge SC bench will hear a challenge to the Centre’s use of money bills for passing important laws.

Central idea

  • In a significant development, the Chief Justice of India announced that a seven-judge bench will be constituted to address a series of pleas challenging the government’s use of the money bill route to enact certain key legislations. This move comes in response to mounting concerns about the validity and constitutional propriety of this legislative procedure.

What is a money bill?

  • A money bill is a type of legislative proposal that is defined and governed by Article 110 of the Indian Constitution.

What constitutes a money bill?

  • Subject: A bill is considered a money bill if it exclusively deals with specific financial matters outlined in Article 110(1)(a) to (g) of the Indian Constitution. These matters include taxation, government borrowing, and the appropriation of money from the Consolidated Fund of India, among others.
  • Introduction in Lok Sabha: Money bills can only be introduced in the Lok Sabha, which is the lower house of India’s Parliament. They cannot originate in the Rajya Sabha, which is the upper house.
  • Exclusion of Rajya Sabha Consent: Unlike ordinary bills, money bills do not require the consent or approval of the Rajya Sabha (Council of States). The Lok Sabha has the exclusive authority to pass or reject money bills.
  • Final Decision of the Speaker: Article 110(3) of the Constitution states that if any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha on this matter shall be final.
  • Judicial Scrutiny: While the Constitution grants the Speaker the final authority in deciding whether a bill is a money bill, the Indian judiciary has the power to review and examine the Speaker’s decision for compliance with constitutional provisions.

Challenged Legislations

  • Prevention of Money Laundering Act (PMLA) Amendments:
  • In July 2022, a three-judge bench composed of Justices A. M. Khanwilkar, Dinesh Maheshwari, and CT Ravikumar upheld the PMLA and the extensive powers of the Enforcement Directorate (ED).
  • However, they left the validity of amendments to the PMLA via the Money Bill route open for review by a larger Constitution bench.
  • The Finance Acts passed in 2015, 2016, 2018, and 2019 introduced significant changes to the PMLA, raising questions about the constitutionality of their passage.
  • Aadhaar Act:
  • The Aadhaar case marked a significant challenge to the categorization of a bill as a money bill.
  • In 2018, the Supreme Court, in a 4:1 majority, ruled in favor of the government, declaring the Aadhaar Act a valid money bill under Article 110 of the Constitution.
  • Notably, Justice Chandrachud dissented, condemning the government’s action as a fraud on the Constitution and subterfuge.
  • Tribunal Reform:
  • In the case of Roger Matthew vs. Union of India in November 2019, the Supreme Court confronted the issue of changes in the service conditions of tribunal members introduced as a money bill in the Finance Act, 2017.
  • While a five-judge bench deemed the law unconstitutional for impinging on judicial independence, it referred the money bill aspect to a larger constitution bench.
  • This move also cast doubt on the correctness of the five-judge Constitution Bench’s 2018 verdict upholding the Aadhaar Act as a money bill.

The Larger Bench and Implications

  • Constitutional Significance: The cases involve the interpretation of Article 110 and the determination of whether specific bills genuinely qualify as money bills. The decisions reached by the larger bench will establish crucial precedents in constitutional law.
  • Clarifying Legislative Boundaries: The larger bench’s decisions will play a pivotal role in clarifying the boundaries of legislative power in India. It will provide guidance on when a bill can be categorized as a money bill and, consequently, whether it requires the consent of the Rajya Sabha.
  • Impact on Challenged Legislations: The decisions of the larger bench will directly impact the validity of specific legislations challenged for being passed as money bills. For instance, in the case of amendments to the PMLA, the outcome will determine the fate of these amendments and whether they must undergo further scrutiny in both houses of Parliament.
  • Judicial Review of Speaker’s Decision: The larger bench’s deliberations may provide further clarity on the extent of judicial review over the Speaker’s decision regarding the classification of bills as money bills.

Conclusion

  • The announcement of a seven-judge bench by CJI Chandrachud signals a substantial step toward addressing these concerns and providing clarity on the boundaries of this legislative process, which has far-reaching implications for India’s legal and political framework.

Also read:

Money Bills vs Finance Bills: What are the differences, what the court has ruled

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Higher Education – RUSA, NIRF, HEFA, etc.

Aligning higher education with the United Nations SDGs

Note4Students

From UPSC perspective, the following things are important :

Prelims level: SDGs report 2023

Mains level: NEP 2020 and Its Alignment with SDGs and the significant role of Universities

What’s the news?

  • Though it has been eight years since the inception of these goals, the SDGs Report 2023 flagged slow progress and painted a grim picture.

Central idea

  • The SDGs Report 2023 highlights sluggish progress exacerbated by the lingering effects of COVID-19, climate change impacts, geopolitical conflicts, and a fragile global economy. This universal struggle is particularly pronounced in the least developed countries, including India. Despite India’s resilience in facing global crises, achieving the SDGs remains a challenge.

About SDGs

  • The United Nations Sustainable Development Goals (SDGs) represent a global commitment to address pressing socio-economic and environmental challenges.
  • These 17 goals with 169 targets, unanimously agreed upon by all 193 UN member states, aim to eradicate poverty, enhance education, reduce inequality, and stimulate economic growth by 2030.

NEP 2020 and Its Alignment with SDGs

  • India’s commitment to realizing the SDGs is evident through recent actions and policies.
  • The National Education Policy (NEP) 2020 in India closely aligns with the United Nations Sustainable Development Goals (SDGs), particularly SDG4, which focuses on quality education.

Here’s how NEP 2020 aligns with the SDGs:

  • Quality Education and Lifelong Learning (SDG4): NEP 2020 emphasizes quality education for all in India, addressing disparities and promoting inclusivity, in alignment with SDG4. It also recognizes the importance of lifelong learning, supporting SDG4’s objective of inclusive and equitable quality education throughout one’s life.
  • Gender Equality (SDG5): The policy promotes gender equality in education, ensuring equal opportunities for girls and women. It aims to eliminate gender-based discrimination and stereotypes in education, aligning with SDG5’s objective.
  • Employability and Skills Development (SDG8): NEP 2020 focuses on equipping students with practical skills and knowledge, making them more employable. This aligns with SDG8’s goal of promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all.
  • Environmental Sustainability (SDG 13): The policy acknowledges the significance of environmental education and sustainability. It encourages eco-friendly practices and awareness of environmental issues among students, aligning with SDG 13’s objective of combating climate change.
  • Research and Innovation (SDG9): NEP 2020 underscores the importance of research and innovation in higher education. It seeks to foster a culture of innovation and entrepreneurship, aligning with SDG 9’s goal of promoting inclusive and sustainable industrialization and fostering innovation.
  • Global Partnerships for Development (SDG17): The policy promotes international collaboration in higher education and research. It aims to establish partnerships with global institutions, foster knowledge exchange, and align with SDG17’s objective of strengthening global partnerships for sustainable development.

Enhancing the Role of Universities

  • Research-Teaching Nexus: Universities should strengthen the connection between research and teaching in higher education. By bridging the gap between research and teaching, universities can provide students with real-world insights and solutions to global challenges.
  • Multidisciplinary and Interdisciplinary Education: Universities should promote multidisciplinary and interdisciplinary approaches to education. Such systems produce well-rounded individuals capable of conducting research and finding innovative solutions to complex issues.
  • Innovative Solutions and Start-ups: Collaboration with private companies and the development of innovative solutions and start-ups should be encouraged. Universities can serve as hubs for innovation and entrepreneurship, contributing to SDG 9 (Industry, Innovation, and Infrastructure).
  • Value-Based Education (VBE): Introducing value-based education can help instill a sense of responsibility in citizens towards themselves, society, and the planet. This values-based approach can align with SDG 15 (Life on Land) by fostering a deeper connection between individuals and the environment.

Suggestions for the Universities

  • Mapping Operations with SDGs: NEP 2020 should guide Indian higher education institutions to align their daily operations with the SDGs.
  • Ranking according to SDGs: While ranking universities based on SDG achievement is commendable, it should be bolstered with comprehensive measures to meet the SDG deadline.
  • Stakeholder Education and Orientation: All stakeholders in higher education should be educated and oriented to ensure no activities neglect the SDGs. Collaboration among the 56,205 higher educational institutions and universities in India is essential.
  • Community Engagement: Universities should actively engage with their local communities, focusing on community health, energy conservation, efficient resource allocation, waste reduction, and skill development. Sharing resources and infrastructure with other universities and external partners should become the norm.
  • Institutional Strategies: Sustainability and SDGs should be integrated into the core institutional strategies of universities, influencing daily administration, teaching, and research.
  • Socio-economic Integration: Higher education must be closely integrated with socio-economic development to ensure meaningful and multiple impacts on the SDGs. Universities should contribute directly to the well-being and nation-building of every citizen.

Conclusion

  • India’s commitment to the SDGs, particularly in higher education through NEP 2020, is a positive step towards achieving the 2030 agenda. To accelerate progress, universities must embrace sustainability as a guiding principle and incorporate the SDGs into their daily operations. By doing so, they can play a pivotal role in addressing pressing global challenges and ensuring a better future for all.

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Climate debate and India’s green energy journey

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Climate change, green energy initiatives

Mains level: Climate change: a global crisis, Challenges, global commitments, India's remarkable progress and initiatives, Challenges and way forward

What’s the news?

  • In the face of mounting global concerns about climate change, India is firmly committed to reducing emissions and championing green energy initiatives

Central idea

  • In recent years, environmentalists have expressed growing concern about the deteriorating state of our planet. Their apprehensions are substantiated by a century-long analysis of temperature data, revealing a significant 1.10°C increase in Earth’s temperature from 1880 to 2022. This upward trend in temperatures has dire implications, with experts predicting severe social, economic, and environmental consequences.

Climate change challenges

  • Temperature Rise: Earth’s temperature increased by approximately 1.10 degrees Celsius from 1880 to 2022. This temperature rise is expected to result in major social, economic, and environmental problems.
  • Extreme Weather Events: More frequent climate-related disasters, including droughts, forest fires, ice melting, rising sea levels, flooding, and cyclones, are occurring globally. These events significantly impact people’s lives and livelihoods.
  • Climate Refugees: Rising sea levels, coastal erosion, and other climate-induced events are leading to the migration of communities.
  • Agricultural Disruption: Climate change disrupts agricultural production, potentially leading to food shortages, rising commodity prices, and increased poverty.
  • Resource Conflicts: Climate change can exacerbate conflicts over limited resources such as water and arable land as competition intensifies in resource-scarce areas.
  • Greenhouse Gas Emissions: The burning of fossil fuels, including coal, oil, and gas, contributes significantly to climate problems. These activities generate greenhouse gases (carbon dioxide, nitrous oxide, and methane), which trap heat in the atmosphere, causing global warming.
  • Global Warming: Greenhouse gases in the atmosphere absorb heat, preventing it from being adequately reflected into space. This phenomenon intensifies global warming.

The role of green energy

  • Green Energy Definition: Green power is electricity produced from sources such as wind, sun, biomass, geothermal, biogas, and low-impact small hydropower projects.
  • Reducing Greenhouse Gas Emissions: Green energy is a major solution to reduce greenhouse gas emissions, as it doesn’t produce significant carbon dioxide or other pollutants during electricity generation.
  • Diverse Green Energy Sources:
  • Wind Energy: Generated using turbines harnessing wind power.
  • Solar Energy: Produced from sunlight using solar panels.
  • Biomass: Utilizes organic material like wood and agricultural residue for energy.
  • Geothermal: Extracts heat from the Earth’s core for power generation.
  • Biogas: Captures methane from decomposing organic matter.
  • Low-Impact Small Hydropower: Uses natural water flow for electricity generation with minimal environmental impact.
  • Reducing Fossil Fuel Dependence: Transitioning to green energy reduces reliance on conventional fossil fuels such as coal, oil, and gas, thereby curbing greenhouse gas emissions.
  • Sustainable and Renewable: Green energy sources are sustainable, relying on replenishable natural processes for long-term energy production while minimizing environmental harm.

Environmentally Friendly Practices

  • Promotion of Public Transport: Encouraging the use of public transportation to reduce carbon emissions from individual vehicles.
  • Electric Vehicles (EVs): Advocating for the adoption of electric vehicles as a more environmentally friendly alternative to traditional combustion engine vehicles.
  • Non-Motorized Transport: Promoting non-motorized transport options, such as walking and cycling, to reduce the reliance on motorized vehicles.
  • Energy-Efficient Gadgets: Encouraging the use of energy-efficient electronic devices and appliances to reduce energy consumption.
  • Sustainable Diet: Highlighting concerns about the consumption of non-vegetarian food, especially red meat, due to its resource-intensive nature.
  • Reduce, Reuse, Repair, and Recycle: Advocating for practices that reduce waste generation, including reusing and recycling products and resources like water and waste materials.

International Commitments

  • UN Call for Net-Zero Emissions: The United Nations (UN) has called upon world leaders to achieve net-zero emissions by the year 2050.
  • Climate Finance Support: Industrialized countries have been asked to provide $100 billion annually as climate finance to support developing countries in their climate change mitigation and adaptation efforts.

India’s Role in Emission Reduction

  • Commitment to Renewable Energy: India has made substantial commitments to expanding its renewable energy capacity. The country aims to achieve 50% of its power generation from non-fossil fuel sources by 2030 and reach net-zero emissions by 2070.
  • Solar Energy Expansion: India has been actively promoting solar energy through initiatives like the National Solar Mission. By the end of 2022, India had installed 63.30 gigawatts of solar power capacity. States like Rajasthan, Gujarat, and Karnataka have made significant progress in this regard.
  • Bio-Energy Programs: The National Bio-energy Programme focuses on generating energy from biomass, such as agricultural residue, wood, and solid waste. Over 800 biomass plants have been installed in various states, contributing to 10.73 gigawatts of installed capacity.
  • Green Hydrogen Mission: India launched the National Green Hydrogen Mission in 2023, with the goal of producing about 5 million metric tonnes of green hydrogen per year by 2030. This initiative is a step towards clean energy generation.
  • Wind and Hydro Energy: India also emphasizes wind energy, wind-solar hybrid projects, and small hydro projects, which together contribute significantly to its renewable energy capacity.
  • Government Support: The Indian government allocates significant funds to support renewable energy projects. The Ministry of New and Renewable Energy (MNRE) allocated substantial funding in 2023-24, prioritizing solar and wind energy initiatives.

Hold On! Don’t Scroll Past This

Local success stories

  • Solar Rooftop Infrastructure in Coimbatore and Salem:
    • Solar rooftop infrastructure was installed in Coimbatore and Salem to meet the local electricity demand.
    • This initiative improved access to affordable and reliable electricity supplies for citizens and benefited supply agencies through energy savings.
  • Floating Solar Plants in Chandigarh:
    • Floating solar plants were established at waterworks in Chandigarh, contributing to meeting local energy demand and reducing power bills.
  • Bio-CNG Plant in Indore:
    • Indore set up a bio-CNG plant that treats segregated wet waste.
    • The biogas produced is utilized to power city transport buses, contributing to sustainable transportation and waste management.
  • Household and Institutional Green Energy Generation:
    • Various households and institutions across different parts of India have adopted green energy generation, primarily through solar power, at a local level.

Challenges

  • Continued Reliance on Fossil Fuels: India still heavily depends on fossil fuels, with about 60 percent of installed capacity coming from conventional sources.
  • Energy Import Dependency: A significant portion of oil (about 85 percent) and gas (about 45 percent) is imported annually, posing challenges related to energy security.
  • Rising Energy Demand: Meeting the growing energy demands driven by urbanization, infrastructure expansion, and industrial production is a pressing challenge.

Way Forward

  • Reducing Dependency on Non-Renewables: India must decrease its reliance on non-renewable resources, particularly fossil fuels, to mitigate emissions and environmental impact.
  • Self-Reliance in Green Energy: Achieving self-reliance in green energy production is vital to meeting future energy needs sustainably.
  • Effective Implementation of Green Initiatives: Ensuring the successful implementation of green energy initiatives and the maintenance of green assets created is crucial.
  • Affordable and Efficient Alternatives: Providing cost-effective and efficient alternatives, such as renewable energy solutions and energy-efficient technologies, can facilitate the adoption of green practices.
  • Shift in Habits and Attitudes: Encouraging changes in consumption patterns and fostering a more environmentally responsible mindset among the public is imperative for a successful transition to green energy and sustainability.

Conclusion

  • Climate change is a global crisis that demands immediate action. India’s commitment to green energy initiatives is a significant step toward mitigating the effects of climate change. However, a concerted effort is required from governments, industries, and individuals to transition to sustainable practices and secure a greener future for all.

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ISRO Missions and Discoveries

Indian-Built ARTIP Technology Revolutionizes Astronomy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ARTIP

Mains level: NA

Central Idea

  • India’s Automated Radio Telescope Image Processing Pipeline (ARTIP) technology has been instrumental in facilitating remarkable discoveries from distant galaxies observed by South Africa’s MeerKAT Telescope.
  • MeerKAT acts as a precursor to the Square Kilometre Array (SKA) Telescope, known for its outstanding sensitivity and sky survey capabilities.
  • ARTIP’s cutting-edge image data processing is vital for harnessing MeerKAT’s potential for groundbreaking research.

What is ARTIP?

  • Development by Thoughtworks: ARTIP was developed by global technology consultancy firm Thoughtworks at its India offices in Bengaluru and Pune.
  • Automation of Data Processing: Since 2017, this collaboration has aimed to automate various critical processes, including data processing, flagging, calibration, and imaging.

How ARTIP operates?

  • Configurability: ARTIP is highly configurable and customizable, designed to process MeerKAT-generated data. While initially configured for MeerKAT, its adaptability allows it to process data from uGMRT and VLA class telescopes.
  • Pipeline Components: It consists of four individual sub-pipelines, including calibration, cube imaging, continuum imaging, and diagnostics, each serving different stages of the data processing workflow.
  • Calibration (ARTIP-CAL): This component calibrates data against known astronomical sources and extracts the target source of interest.
  • Cube Imaging (ARTIP-CUBE): The calibrated target is then used to generate sky images using this component.
  • Continuum Imaging (ARTIP-CONT): This pipeline focuses on generating images from the calibrated data.
  • Diagnostics (ARTIP-DIAGNOSTICS): Providing analysis insights into data processing and quality, it functions as a quality assurance pipeline.

Impactful Discoveries by ARTIP

  • Hydroxyl Radical (OH) Detection: ARTIP has contributed to significant discoveries, including the detection of the hydroxyl radical (OH), an essential chemical species found throughout the atmosphere in a distant galaxy.
  • Identification of Hydrogen Atoms: It has also played a crucial role in identifying massive hydrogen atoms (Rydberg atoms) in another distant galaxy.
  • Scientific Recognition: The MALS data processing with ARTIP has received recognition in the international astronomical journal, Proceedings of Science, for its contributions to these discoveries.

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Genetically Modified (GM) crops – cotton, mustards, etc.

PUSA-44 Paddy Variety Ban in Punjab

Note4Students

From UPSC perspective, the following things are important :

Prelims level: PUSA-44

Mains level: Stubble burning control measures

pusa-44

Central Idea

  • Punjab CM recently announced the state’s decision to ban the cultivation of the PUSA-44 paddy variety starting from the next agricultural season.
  • This move has raised questions about why such a popular paddy variety is facing a ban and what implications it holds for the state’s agriculture.

About PUSA-44

  • Origin: Developed in 1993 by the Indian Council of Agricultural Research (ICAR), PUSA-44 gradually gained popularity among Punjab’s farmers.
  • Rapid Adoption: Due to its high yield, Punjab’s farmers started cultivating it on a larger scale, covering 70 to 80 percent of the area under paddy cultivation.

Yield Comparison

  • High Yield: Farmers favor PUSA-44 for its impressive yield, producing nearly 85 to 100 quintals per acre compared to other varieties’ 28 to 30 quintals per acre.
  • Economic Advantage: The higher yield translates to increased income, with potential earnings of Rs 15,000 to 22,000 per acre above the Minimum Support Price (MSP).

Reasons for Ban

  • Long Maturity Period: PUSA-44 requires around 160 days to mature, significantly longer than other varieties, necessitating 5-6 additional cycles of irrigation.
  • Groundwater Depletion: Punjab faces severe groundwater depletion, and with an expanding area under paddy, the government aims to conserve water resources by banning PUSA-44.
  • Stubble Burning: PUSA-44’s extended maturity period exacerbates the issue of stubble burning. The narrow timeframe between harvesting and wheat sowing makes stubble management challenging, leading to increased incidents of stubble burning.
  • Air Pollution: Stubble burning contributes to severe air pollution in North India during the winter, impacting public health.

Impact of PUSA-44 on Stubble Burning

  • Harvest Timing: PUSA-44 is harvested just before the wheat sowing season, leaving a limited window for stubble disposal.
  • Stubble Quantity: PUSA-44 generates approximately 2 percent more stubble than shorter-duration varieties, compounding the stubble burning problem.
  • High-Incidence Districts: Several districts in Punjab, including Barnala, Sangrur, Ludhiana, Moga, Patiala, Fatehgarh Sahib, Muktsar, Bathinda, Faridkot, and Mansa, witness higher stubble-burning incidents, coinciding with the PUSA-44 harvest.

Stubble Burning Statistics

  • Burning Incidents: In 2022, several districts experienced a high incidence of stubble burning, primarily linked to the PUSA-44 harvest.
  • Persistence: Stubble burning typically began in the third week of October, coinciding with the PUSA-44 harvest, and continued until November 25.

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Social Media: Prospect and Challenges

TRAI can’t regulate OTT platforms: TDSAT

Note4Students

From UPSC perspective, the following things are important :

Prelims level: TRAI

Mains level: OTT Regulations

TRAI ott

Central Idea

  • The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has issued an interim order clarifying that Over the Top (OTT) platforms, such as Hotstar, fall outside the jurisdiction of the Telecom Regulatory Authority of India (TRAI).
  • Instead, they are governed by the Information Technology Rules, 2021, established by the Ministry of Electronics and Information Technology (MeitY).

Context for TDSAT’s Decision

  • The All India Digital Cable Federation (AIDCF) initiated the petition, alleging that Star India’s free streaming of ICC Cricket World Cup matches on mobile devices through Disney+ Hotstar is discriminatory under TRAI regulations.
  • This is because viewers can only access matches on Star Sports TV channels by subscribing and making monthly payments.

Diverging Opinions on OTT Regulation

  • IT Ministry vs. DoT: The IT Ministry contends that internet-based communication services, including OTT platforms, do not fall under the jurisdiction of the DoT, citing the Allocation of Business Rules.
  • DoT’s Draft Telecom Bill: The DoT proposed a draft telecom Bill that classifies OTT platforms as telecommunications services and seeks to regulate them as telecom operators. This move has encountered objections from MeitY.

TRAI’s Attempt at OTT Regulation

  • Changing Stance: TRAI, after three years of maintaining that no specific regulatory framework was required for OTT communication services, began consultations on regulating these services.
  • Consultation Paper: In June, TRAI released a consultation paper seeking input on regulating OTT services and exploring whether selective banning of OTT services could be considered as an alternative to complete Internet shutdowns.
  • Telecom Operators’ Demand: Telecom operators have long advocated for “same service, same rules” and have pushed for regulatory intervention for OTT platforms.

Significance of TDSAT’s Order

  • TDSAT decision holds significance due to ongoing debates over the regulation of OTT services.
  • TRAI and the Department of Telecommunications (DoT) have been attempting to regulate OTT platforms, while the Ministry of Electronics and Information Technology opposes these efforts.

Recommendations and Monitoring

  • In September 2020, TRAI recommended against regulatory intervention for OTT platforms, suggesting that market forces should govern the sector.
  • However, it also emphasized the need for monitoring and intervention at an “appropriate time.”

Conclusion

  • The recent TDSAT ruling on OTT platform jurisdiction adds complexity to the ongoing debate over the regulation of these services in India.
  • While TRAI and the DoT seek regulatory measures, the IT Ministry contends that such services fall outside the purview of telecommunications regulation.
  • The evolving landscape highlights the need for a nuanced approach to balance the interests of various stakeholders, including telecom operators, government authorities, and the broader public.

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Parliament – Sessions, Procedures, Motions, Committees etc

When can a Bill be designated as a ‘Money Bill’: SC to hear challenge

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Money Bill

Mains level: Read the attached story

Central Idea

  • CJI announced that a seven-judge bench will be established to address a series of petitions challenging the government’s use of the money bill route to pass significant legislations.
  • This move aims to provide clarity on the interpretation and application of money bills under Article 110 of the Constitution and their validity.

Understanding the Money Bill Issue

  • The PMLA Challenge: CJI Chandrachud’s statement came during the hearing of challenges against amendments made to the Prevention of Money Laundering Act (PMLA).
  • Previous Judgment: In July 2022, a three-judge bench upheld the PMLA and the extensive powers of the Enforcement Directorate (ED). However, the validity of amendments to the PMLA passed as money bills remained open for review by a larger Constitution bench.
  • Finance Acts’ Impact: Key amendments to the PMLA were introduced through Finance Acts passed in 2015, 2016, 2018, and 2019, which are presented as money bills during the budget sessions under Article 110 of the Constitution.

Challenges beyond PMLA

[A] Aadhaar Controversy:

  • The issue of whether a bill qualifies as a money bill under Article 110 was first raised during the Aadhaar case.
  • In a 4:1 majority ruling in 2018, the Supreme Court upheld the Aadhaar Act as a valid money bill.
  • Notably, Justice Chandrachud dissented, criticizing the government’s passage of the Aadhaar Act as a money bill, labelling it a “fraud on the Constitution.”

[B] Tribunal Reform:

  • In the case of Roger Matthew vs. Union of India (2019), the Supreme Court addressed challenges related to changes in the service conditions of tribunal members, introduced as a money bill in the Finance Act of 2017.
  • While declaring the law unconstitutional for interfering with judicial independence, the court referred the money bill aspect to a larger constitution bench, expressing doubts about the correctness of its 2018 verdict upholding the Aadhaar Act.

Understanding a Money Bill

  • Article 110(1): A bill is considered a money bill if it exclusively pertains to matters specified in Article 110(1)(a) to (g), such as taxation, government borrowing, and appropriation of funds from the Consolidated Fund of India.
  • Lok Sabha Exclusive: Money bills can only be introduced in the Lok Sabha and do not require Rajya Sabha’s consent.
  • Role of Speaker: According to Article 110(3), the Speaker of the Lok Sabha has the final say in determining whether a bill is a money bill. However, the court in the Aadhaar case emphasized that the Speaker’s decision is subject to judicial scrutiny.

Conclusion

  • The formation of a seven-judge bench signifies a significant step towards resolving controversies surrounding money bills and their passage, ensuring a clearer understanding of their application under the Constitution.
  • This move underscores the importance of judicial review in upholding the constitutional principles of parliamentary proceedings and ensuring transparency and accountability in legislative processes involving money bills.

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Liquor Policy of States

Explained: Delhi Excise Policy Scam

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Delhi Excise Policy Scam

Delhi Excise Policy Scam

Central Idea

  • A Delhi court has remanded a member of Rajya Sabha in Enforcement Directorate (ED) custody in the Delhi Excise Policy Scam.
  • This has created a big furore among people over the alleged involvement of a hardliner political party which was established solely to fight political corruption.

About Delhi Excise Policy Scam

  • Background: Both individuals face corruption allegations related to the formulation and implementation of the Delhi Excise Policy 2021-22, which came into effect but was later scrapped.
  • Procedural Lapses: The allegations stemmed from a report submitted by Delhi Chief Secretary to the Lieutenant Governor in July 2022. The report pointed to procedural lapses in the policy’s formulation.
  • Financial Losses: The report claimed that “arbitrary and unilateral decisions” led to estimated “financial losses to the exchequer.”
  • Alleged Irregularities: It alleged that leaders received “kickbacks” from businesses for preferential treatment, such as discounts, license fee waivers, and relief due to disruptions caused by the Covid-19 pandemic. These funds were purportedly used for electoral influence.

Involvement of the Enforcement Directorate (ED)

  • ED’s Role: Following the CBI’s FIR, the ED asserted that the alleged proceeds of crime required investigation to establish the modus operandi.
  • Investigation Details: The ED alleged that the “scam” involved irregularities in the wholesale liquor business, margin-fixing, and receiving kickbacks. It claimed that the policy was designed with “deliberate loopholes” to benefit key figures.
  • Financial Transactions: The ED also alleged that individuals, acting as intermediaries, received substantial sums from a group, allowing them access to various businesses.

Differences in the Delhi Excise Policy

  • Policy Goals: The Delhi Excise Policy 2021-22 aimed to exit the state from the liquor business, eliminate black marketing, increase revenue, enhance consumer experiences, and ensure equitable distribution of liquor vends.
  • Private Operation: Under the policy, Delhi was divided into zones, each with liquor vends operated by private licensees. Licensees had the freedom to offer discounts and set prices.

Issues and Reversals

  • Deviation from Procedures: A report in July 2022 highlighted deviations from established procedures in the policy formulation.
  • Market Distortions: The report pointed out that discounts offered by liquor retailers were causing market distortions.
  • Policy Reversals: It noted policy reversals, leading to questions about the justification for such changes.
  • Blanket Relaxations: The report flagged blanket relaxations granted for default in license fee payments.

ED Chargesheets and Allegations

  • Campaign Funding: The ED has alleged financial improprieties related to campaign funding.
  • Conduit for Financial Transactions: Individuals are alleged to have acted as intermediaries in financial transactions.
  • Involvement of Key Figures: The ED has claimed the involvement of certain individuals in meetings and interactions related to the case.

Conclusion

  • The scam has led to arrests and legal proceedings involving corruption allegations and procedural lapses.
  • Allegations of financial improprieties and irregularities in the policy’s implementation have created a complex legal landscape.
  • The involvement of the Enforcement Directorate adds to the intricacies of the case, while ongoing investigations seek to establish the veracity of the allegations.

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Tribes in News

Tribes in news: Hakki- Pikki

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hakki- Pikki Tribe

Mains level: NA

hikki

Central idea: Thirty-one tribals belonging to the ‘Hakki-Pikki’ community from Karnataka are stranded in Sudan due to violent clashes between a paramilitary force and the country’s armed forces.

Who are the Hakki-Pikkis?

Description
Origin Migrated from northern India to Karnataka.
Traditional Occupation Traditionally known for bird hunting, which was later outlawed.
Language Indo-Aryan language called ‘Vaagri’ and use Kannada for daily business.
Location Predominantly found in Shivamogga, Davanagere, and Mysuru districts of Karnataka
Lineage A matriarchal community, where women have an important role in decision-making.
Traditional  Knowledge Known for selling indigenous medicines developed based on their knowledge of plants and herbs.

Language and UNESCO Listing

  • ‘Vaagri’ has been listed as one of the endangered languages by UNESCO.
  • This indicates that the language is at risk of becoming extinct in the future, highlighting the importance of preserving and promoting it.

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Modern Indian History-Events and Personalities

Battle of Colachel: How an accidental shot ended Dutch plans for India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Battle of Colachel

Mains level: Not Much


Battle of Colachel

Central Idea

  • The Battle of Colachel in 1741, where King Marthanda Varma led the Travancore army against the Dutch East India Company, marked a significant turning point in India’s history.
  • It was the first instance of an Asian kingdom defeating a European power, effectively halting Dutch colonial ambitions in India.
  • This battle also had profound implications for the formation of the unified Travancore state.

Travancore’s Complex Landscape Before 1741

  • Fragmented Territories: Travancore, formerly known as Thiruvithamcode, was not a unified state but a network of south Malabar temple states and settlements, characterized by fragmented territories and chieftaincies.
  • Marthanda Varma’s Leadership: Born in 1705, Marthanda Varma ascended to power and set his sights on unifying the kingdom by annexing neighboring regions and eliminating internal opposition.
  • Territorial Expansion: His ambition to expand threatened neighboring rulers in Kayamukulam, Kollam, Attingal, and others, leading them to seek Dutch intervention against Varma.
  • English Connection: Varma’s military relations with the English, who supplied weaponry, further strained Dutch-Travancore relations.

Factors Leading to the Battle

  • Dutch Resistance: The Dutch, perturbed by Varma’s expansion and territorial disputes, prepared their forces in Colachel to counter Travancore.
  • Internal Conflicts: Some Dutch officials, including Carl August Duijvenschot, defected to Travancore due to internal conflicts within the Dutch ranks.
  • Neighboring Rulers’ Instigation: Cochin and Kayamukulam rulers instigated the Dutch against Varma to safeguard their borders.

Battle of Colachel: Unfolds

  • Dutch Aggression: In February 1741, the Dutch initiated attacks on several villages and the Travancore army, committing atrocities and plundering the region.
  • Varma’s Response: Marthanda Varma deployed his military commander, Rama Iyer Dalawah, to confront the Dutch and protect his kingdom.
  • International Support: The French supported Varma against the Dutch, and even the English participated in the siege of Colachel alongside Varma’s forces.

Siege and Surrender

  • Long Siege: The continuous attacks and siege depleted Dutch supplies and manpower, leading to a dire situation.
  • Explosion and Surrender: On August 5, 1741, a gunpowder explosion occurred in Colachel, devastating the Dutch. Two days later, they surrendered.
  • Outcome: Only 24 Dutchmen survived, and Travancore captured 389 muskets, cannons, and swords.
  • Mukkuvar Community: The Mukkuvar fishermen community, by refusing to assist the Dutch with fortifications and supplies, played a crucial role in Travancore’s victory.

Aftermath and Legacy

  • Resilience to Colonial Rule: The victory at Colachel bolstered Varma’s expansion plans and resistance to colonial rule.
  • Dutch Retreat: The Dutch never fully recovered from their defeat and signed the Treaty of Mavelikkara in 1753, ending their dominance on the Kerala coast.
  • De Lannoy’s Contribution: Eustachius De Lannoy, captured during the battle, played a vital role in training Travancore’s army and fortifying the region. He was conferred the title ‘Valia Kappithan’ (senior admiral) and served Travancore for 36 years.

Back2Basics: Colonization of India

Colonial Power Arrival Year Departure Year
Portuguese Arrived in 1498 through Vasco da Gama’s voyage. Departed in 1961 (Goa), with gradual integration of smaller settlements into India over subsequent years.
Dutch Established presence in 1602. Departed in 1802, with the formal cession of their Indian territories to the British through the Treaty of Amiens.
British British East India Company granted a charter in 1600.

The first factory was established in Surat in 1619.

Departed in 1947 when India gained independence.

It also led to Partition of India and creation of Pakistan.

French Established the first trading post in 1668. Departed in 1954 with the formal handover of Pondicherry and other French settlements to India.

 

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