Note4Students
From UPSC perspective, the following things are important :
Prelims level: Foreign Contribution Regulation Act (FCRA)
Mains level: NA
Why in the news?
The Ministry of Home Affairs extended till June 30 the validity of all FCRA registered NGOs whose licences are expiring on March 31.
What is Foreign Contribution Regulation Act (FCRA)?
- The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
- First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
- The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
- It is mandatory for all such NGOs to register themselves under the FCRA.
- The registration is initially valid for 5 years and it can be renewed subsequently if they comply with all norms.
What contributes to Foreign Donations?
- Foreign Contribution’ means the donation, delivery or transfer made by any foreign source of any:
- Article (whose market value is not more than one lakh rupees);
- Currency (whether Indian or foreign);
- Securities
- Foreign donations may be those from Governments, international agencies, foreign companies, trusts, corporations, foreign citizens
- However, some agencies like the UN, World Bank, IMF etc. are EXEMPTED from the definition of foreign donors.
Who cannot accept donations under FCRA?
According to the FCRA, foreign donations cannot be accepted by:
- Election candidates
- Editors and publishers of newspapers
- Judges and government employees.
- Political parties and members of legislature etc.
What was the recent Amendment?
The FCRA was amended in September 2020 to introduce some new restrictions:
- There is now a capping of the administrative expenses of NGOs at 20% of their foreign donations.
- The new amendment requires them to have a State Bank of India account at a Delhi Branch.
- It also prohibits the transfer of grants received under FCRA to any other outfit.
- It also gives sweeping powers to the Ministry of Home Affairs to cancel the FCRA certificate of an NGO.
- It made legal for political parties to accept foreign aid through Indian subsidiaries.
- Under the Act, the government may suspend the registration of a person for a period not exceeding 180 days.
- Providing Aadhar is mandatory for all office bearers, directors or key functionaries of the organization.
PYQ:
2015: Examine critically the recent changes in the rule governing foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976.
2015: How can be the role of NGOs be strengthened in India for development works relating to protection of the Environment? Discuss throwing light on the major constraints.
Practice MCQ:
Consider the following statements regarding “Foreign Contribution (regulation) Act”:
1. World Bank is excluded from the definition of foreign sources under the act.
2. Political parties are prohibited from taking foreign donations under the act.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Prevention of Money Laundering Act (PMLA), 2002
Mains level: NA
Why in the news?
- The Supreme Court has rejected review petitions challenging its ruling on the initiation of proceedings under the Prevention of Money Laundering Act (PMLA).
- The judgment clarified that Section 120B of the Indian Penal Code cannot be invoked for PMLA proceedings unless the alleged conspiracy pertains to a scheduled offence.
Prevention of Money Laundering Act (PMLA), 2002
- The PMLA was enacted in 2002 with the aim of preventing money laundering and providing for confiscation of property derived from money laundering.
- It applies to all financial institutions, banks (including the RBI), mutual funds, insurance companies, and their financial intermediaries.
- The Act empowers government authorities to confiscate property and/or assets earned from illegal sources and through money laundering.
- It has been amended three times, in 2005, 2009, and 2012.
- Under the PMLA, the burden of proof lies with the accused, who must demonstrate that the suspect property/assets have not been obtained through proceeds of crime.
Penalties under PMLA:
- Freezing or Seizure of property and records, and/or attachment of property obtained through crime proceeds.
- Rigorous imprisonment for a minimum of 3 years and a maximum of 7 years. In cases where money laundering is linked with the Narcotic Drugs and Psychotropic Substances Act, 1985, the punishment can extend up to 10 years, along with a fine.
- Fine imposition.
Authorities for investigation under PMLA:
- Enforcement Directorate (ED): It is responsible for investigating offenses under the PMLA.
- Financial Intelligence Unit – India (FIU-IND): It is the national agency tasked with receiving, processing, analyzing, and disseminating information related to suspect financial transactions.
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What is Article 120 of Indian Penal Code (IPC)?
- Section 120 of the Indian Penal Code (IPC) deals with the concept of “Conspiracy to commit an offense”.
- It states that when two or more persons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
- Section 120A defines “criminal conspiracy” as when two or more persons agree to do, or cause to be done, an illegal act or an act which is not illegal by illegal means.
- Section 120B prescribes the punishment for criminal conspiracy, with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards, shall be punished in the same manner as if he had abetted such offense.
Punishment for Criminal Conspiracy
- Nature of Conspiracy: IPC 120B categorizes conspiracy based on the gravity of the offense and prescribes punishments accordingly.
- Serious Offenses: Conspiracy to commit serious crimes punishable by death, life imprisonment, or rigorous imprisonment for 2 years or more warrants severe punishment equivalent to the offense committed.
- Other Offenses: Conspiracy for illegal acts not falling under the serious category incurs imprisonment for up to six months, a fine, or both, as per Section 120B.
Practice MCQ:
Which of the following statements are correct regarding ‘Prevention of Money Laundering Act 2002 (PMLA)’?
1. Enforcement Directorate (ED) is responsible for investigating offences under the PMLA
2. The Act enables government authorities to confiscate property earned through money laundering.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: H5N1 Bird Flu
Mains level: NA
Why in the news?
- Since 2020, the highly pathogenic H5N1 bird flu has been spreading globally, posing a significant threat to both birds and mammals.
H5N1 Bird Flu: Details
- H5N1 originated from a virus outbreak on a goose farm in China in 1996 and has since evolved into a highly pathogenic strain.
- The virus quickly spread from Europe to Africa, Asia, North America, and South America, and most recently, it reached mainland Antarctica.
- H5N1 is a subtype of the influenza A virus that causes severe respiratory disease in birds, known as avian influenza or “bird flu”.
- Influenza A viruses are classified by subtypes based on the properties of their surface proteins, with H5N1 being one subtype.
How widespread is it?
- The virus has affected birds in over 80 countries, resulting in mass culling of poultry and wild birds.
- Furthermore, it has now begun infecting mammals, including seals, sea lions, and marine mammals.
- While humans rarely contract bird flu, those at risk are typically individuals who have extensive contact with infected birds at poultry farms.
- Bird flu first broke out in Maharashtra in 2006.
- The H5N1 virus led to the culling of millions of poultry so as to contain the virus. But it has resurfaced from time to time.
Impact on Animals
- Bird Species Affected: Numerous bird species, including Great Skuas and Barnacle Geese, have experienced significant mortality rates due to H5N1.
- Endangered Species Threatened: Endangered birds like the California condors have been severely affected, with a notable percentage of the population succumbing to the virus.
- Mammalian Casualties: H5N1 has crossed species barriers, infecting mammals such as foxes, pumas, skunks, and marine mammals like sea lions and dolphins.
- Devastating Consequences: Mass mortalities of marine mammals, particularly elephant seals, have been reported, raising concerns about the long-term ecological impact.
Factors behind Spread
- Climate Change: Some scientists attribute the large-scale spread of bird flu to climate change, which alters bird behavior and facilitates the transmission of the virus.
- Warmer Seas: Warmer sea temperatures have weakened marine mammal populations, making them more susceptible to disease outbreaks.
PYQ:
2015: H1N1 virus is sometimes mentioned in the news with reference to which one of the following diseases?
(a) AIDS
(b) Bird flu
(c) Dengue
(d) Swine flu
Practice MCQ:
How many of the given statements about H5N1 Virus is/are correct?
1. It is a type of influenza virus causing highly infectious, respiratory disease in birds.
2. It is highly contagious in humans.
3. Seals, sea lions, and other marine mammals are vulnerable to this Virus.
Select the correct codes from below –
(a) One
(b) Two
(c) Three
(d) None |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SEAMA Ecoregion
Mains level: NA
Why in the news?
A recent study has revealed about undocumented biodiversity in the newly recognized South East Africa Montane Archipelago (SEAMA) Ecoregion.
What is SEAMA Ecoregion?
- The SEAMA is a recently recognized ecoregion located in Southern Africa.
- It spans across northern Mozambique and incorporating Mount Mulanje in Malawi.
- SEAMA is distinguished by its mountainous terrain, encompassing diverse habitats such as montane forests, grasslands, and rock faces.
- Despite its relatively recent recognition, SEAMA has been identified as a hub of biodiversity, hosting numerous species of plants, vertebrates, and invertebrates.
Recent Findings on SEAMA Ecoregion
- Species Documentation: The researchers identified 127 plants, 45 vertebrates, and 45 invertebrate species, including two endemic genera of plants and reptiles.
- Endemic Reptiles: SEAMA is home to 22 strictly endemic reptile species, most of which are threatened by habitat loss due to deforestation.
- Global Significance: The remarkable diversity of SEAMA has prompted proposals to designate it as a new ecoregion of global biological importance.
Conservation Challenges
- Late Discovery: Despite being located in a region considered the birthplace of modern humans, the mountains of northern Mozambique remained largely unstudied until recent decades due to historical conflicts.
- Deforestation Threats: SEAMA faces severe deforestation threats, with up to 18% of its primary humid forest cover lost since 2000.
- Causes of Deforestation: Slash and burn shifting agricultural practices, along with charcoal production, are the primary drivers of deforestation in the region.
PYQ:
2013: Which one of the following pairs a correctly matched?
Geographical feature and region
(a) Abyssinian Plateau – Arabia
(b) Atlas Mountains – Northwest Africa
(c) Guiana Highlands – Southwest Africa
(d) Okavango Basin – Patagonia
Practice MCQ:
The SEAMA Ecoregion often seen in news is located in-
(a) Latin America
(b) Europe
(c) Africa
(d) Asia |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Food Waste Index Report
Mains level: NA
Why in the news?
The Food Waste Index Report, 2024 was recently released by the United Nations Environment Programme (UNEP) and Waste & Resources Action Programme (WRAP), a UK based non-profit organization.
Food Waste Index Report:
- It tracks the global and national generation of food and inedible parts wasted at the retail and consumer (household and food service) levels.
- It was first launched in 2011.
- It was conceived as a tool to monitor progress towards international targets, such as those outlined in the SDG 12.3, which calls for halving food waste by 2030.
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Key Findings of the 2024 Report
- Total Food Waste Generation in 2022:
- Globally, 1.05 billion tonnes of food waste were generated in 2022.
- Distribution of Food Waste by Sector:
- Households accounted for 60% of the total food waste.
- Food services were responsible for 28% of the total food waste.
- Retail accounted for 12% of the total food waste.
- Per Capita Food Waste:
- The average per capita food waste was 132 kilograms in 2022.
- Economic Cost of Food Waste:
- The economic toll of food loss and waste is estimated at $1 trillion.
- Contribution to Greenhouse Gas Emissions:
- Food loss and waste contribute significantly to greenhouse gas emissions, accounting for 8-10% of annual global emissions.
- Regional Trends:
- Food waste levels vary minimally across income groups.
- Hotter climates tend to generate more household food waste due to consumption patterns and infrastructure limitations.
- Rural areas generally exhibit lower levels of food waste compared to urban areas.
- Policy Integration:
- Only 21 countries, including Australia, Japan, the United Kingdom, the United States, and the European Union, have included food loss and waste reduction in their climate plans or Nationally Determined Contributions (NDCs).
PYQ:
2019: In India, ‘extended producer responsibility’ was introduced as an important feature in which of the following?
(a) The Bio-medical Waste (Management and Handling) Rules, 1998
(b) The Recycled Plastic (Manufacturing and Usage) Rules, 1999
(c) The e-Waste (Management and Handling) Rules, 2011
(d) The Food Safety and Standard Regulations, 2011
Practice MCQ:
Which of the following statements is correct about the Food Waste Index Report?
(a) It tracks only the global generation of food waste at the retail level.
(b) It was first launched in 2011 to monitor progress towards reducing food waste in households and food service sectors.
(c) It is a tool aimed at monitoring progress towards international targets outlined in SDG 12.3 to halve food waste by 2030.
(d) It primarily focuses on tracking inedible parts wasted at the industrial level. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Art and Culture; Heritage Monuments in News;
Mains level: Art and Culture; Conservation of Historical Monuments; ASI;
Why in the news?
Recently, the Archaeological Survey of India (ASI) has decided to delist 18 “centrally protected monuments” because according to them, they lag in National Importance.
What does the “Delisting” of monuments mean?
- Delisting means that the monument will no longer be protected, conserved, or maintained by the Archaeological Survey of India (ASI). Once delisted, the restrictions on construction-related activities around the monument are lifted.
- Legal Mandate: Section 35 of the AMASR Act outlines the process for delisting monuments. It empowers the Central Government to declare, via official notification, that a monument no longer holds national importance, thereby removing its protected status.
Delisted Monuments: Kos Minar No.13 at Mujessar village in Haryana, Barakhamba Cemetery in Delhi, Gunner Burkill’s tomb in Jhansi district, a cemetery at Gaughat in Lucknow, and the Telia Nala Buddhist ruins in Varanasi. |
Challenges for the Archaeological Survey of India due to “untraceable” monument:
-
- Survival issue: Some monuments, especially smaller or lesser-known ones, have been lost over time due to various factors such as urbanization, encroachments, neglect, and construction activities like dams and reservoirs.
- Among the 50 missing monuments, 14 had been lost to rapid urbanization, 12 were submerged by reservoirs or dams, and the remaining 24 were untraceable.
- Difficulty in Locating Monuments: This could be due to factors like inadequate documentation, lack of historical records, changes in the landscape, or complete disappearance of the structure.
- Issue with Preservation and Conservation: Without knowing the monument’s location, it cannot be regularly inspected, assessed for its condition, or protected from encroachments or other forms of damage.
- Despite the recognized need for 7,000 security personnel, only 2,578 were deployed due to financial limitations.
- Therefore, ASI faces challenges in fulfilling this responsibility effectively, especially when dealing with monuments that are untraceable due to historical neglect or lack of resources.
How many historical monuments have been lost in this way?
- According to the Ministry of Culture’s submission to the Parliamentary Standing Committee on Transport, Tourism, and Culture in December 2022, a total of 50 out of India’s 3,693 centrally protected monuments were missing.
- In 2013, a report by the Comptroller and Auditor General (CAG) of India highlighted the issue of missing monuments. The report stated that at least 92 centrally protected monuments across the country were missing.
Conclusion: The ASI has decided to delist 18 centrally protected monuments that are deemed to have lost national importance. This delisting means these monuments will no longer receive protection or conservation from the ASI.
Mains PYQs
Q Safeguarding the Indian art heritage is the need of the moment. Comment (UPSC IAS/2018)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: New Collective Quantitative Goal (NCQG)
Mains level: money is required to ensure effective climate action?
Why in the news?
As the climate bomb ticks, Global Climate negotiators are working on a new global climate finance budget ahead of COP29 in Baku this November.
-
In 2009, developed countries committed to paying $100 bn every year. However, they failed to do so.
Context:
- The 2022 climate change conference (COP 28) held in Sharm el-Sheikh decided to establish a Loss and Damage Fund.
- These funds would work as a “transition away” from fossil fuels, and a promise to triple global renewable energy capacity by 2030.
- On March 22, a two-day meeting was concluded in Copenhagen, Denmark, the first minister-level climate meeting for this year, and a ‘New Collective Quantitative Goal’ was finalized.
What is the New Collective Quantitative Goal (NCQG)?
- NCQG represents the yearly sum that developed countries must gather from 2025 onward to finance climate action in developing nations.
- It has to be higher than the $100 billion that developed countries, collectively, had promised to raise every year from 2020, but had failed to deliver.
Collective Funds need to ensure effective Climate Action:
- UN Climate Change Report (2021): According to a report by UN Climate Change, developing countries would need approximately $6 trillion annually between 2021 and 2030 to implement their climate action plans.
- Estimation in Sharm el-Sheikh Agreement: The final agreement at Sharm el-Sheikh included estimates suggesting that a global transition to a low-carbon economy could require about $4-6 trillion annually until 2050.
- Global GDP Percentage: While these estimates vary, an approximate range of $5-7 trillion annually is suggested to effectively address climate change. This would require deploying about 5-7% of the global GDP towards climate action.
- Renewable Energy Capacity: Meeting the target of tripling renewable energy capacity, as agreed in Dubai, is estimated to cost $30 trillion by 2030, according to the International Renewable Energy Association (IRENA).
Prospects for a Realistic New Annual Climate Finance Target:
- Current Funding Shortfall: The UNFCCC, responsible for organizing climate meetings and facilitating the implementation of climate agreements, is facing a severe shortage of funds. Its budget is currently less than half funded, which hampers its ability to fulfill its mandate effectively.
- Call for Increased Climate Finance: There is a call for developed countries to commit to significantly higher levels of climate finance. India, for instance, has called for the New Collective Quantitative Goal (NCQG) to be set at least at $1 trillion per year
- Need of Innovative Funding Sources: Simon Stiell, Executive Secretary of UN Climate Change, emphasized the need for innovative funding sources to meet the substantial financial requirements for climate action.
- Dependence on Contributions: The UNFCCC relies heavily on contributions from countries and voluntary organizations to carry out its work.
How will this money be used?
- On-time Delivery: Ensuring effective delivery of the new funding is essential for achieving meaningful impact.
- Transparent and Inclusive Monitoring: Developing countries emphasize the need for a transparent and inclusive process to monitor and measure the agreed-upon amount.
- Distribution Across Needs: The new funding is distributed across different climate action areas such as mitigation, adaptation, and addressing loss and damage as per need
Conclusion: Developed countries must commit to higher climate finance, possibly $1 trillion annually, for effective action. Innovative funding sources and transparent monitoring are crucial for impactful distribution across climate action areas.
Mains PYQs
Q Clean energy is the order of the day.’ Describe briefly India’s changing policy towards climate change in various international fora in the context of geopolitics.(UPSC IAS/2022)
Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: law on Governor-state relations
Mains level: Reason behind the Governor-state friction
Why in the news?
Allegations by the regional government (Recently Kerala govt.) on the Centre using the Governor’s position to destabilize state governments have been made since the 1950s. This calls for Governor-state relations.
What is the law on Governor-state relations?
- The Governor, although meant to be apolitical and act on the advice of the council of ministers, holds significant powers granted under the Constitution.
- These include giving or withholding assent to bills passed by the state legislature and determining the time needed for a party to prove its majority in cases of a hung verdict in an election.
- While the Constitution grants powers to the Governor, there are no specific provisions on how the Governor and the state government should publicly engage when there is a difference of opinion.
What have been the friction points in recent years?
- Controversial Actions: Some actions by governors have sparked controversy, such as dissolving assemblies amidst government formation discussions (Jammu and Kashmir), and inviting leaders without public consultation (Maharashtra) this government lasted just 80 hours. And Six months later, the Governor refused to nominate CM Uddhav Thackeray.
- Interference in State Affairs: Governors have been criticized for allegedly interfering in state affairs, including commenting on law and order situations (West Bengal), and refusing requests from state governments (Kerala) regarding legislative matters.
- Legal Challenges: Some decisions made by governors have faced legal challenges, such as the invitation to the BJP to form the government in Karnataka, which was challenged and subsequently modified by the Supreme Court.
Dismissal after independence:
- Dismissals in the 1950s: Allegations of the Centre using the Governor’s position to destabilize state governments date back to the 1950s. In 1959, Kerala’s E M S Namboodiripad government was dismissed based on a report by the Governor.
- Dismissals in the Post-1960s: Several state governments were dismissed between 1965 and 1990 through President’s Rule orders issued by Governors. These dismissals included governments such as Birender Singh in Haryana (1967), M Karunanidhi in Tamil Nadu (1976), and N T Rama Rao in Andhra Pradesh (1984).
- Decrease in Dismissals: The frequency of state government dismissals decreased during the coalition era at the Centre and the emergence of strong regional parties. This suggests a shift in political dynamics and possibly less direct interference by the Centre through Governors in state politics.
Causes of such Governor-State Frictions:
- Answerable only to the Centre: The Governor is not directly accountable to the people and is answerable only to the Centre.
- Appointment and Tenure: The Governor is appointed by the President on the Centre’s advice and holds office at the pleasure of the President. Although the tenure is typically five years
- Lack of Impeachment Provision: There is no provision for impeaching the Governor, further limiting mechanisms for holding them accountable.
- Absence of Guidelines: The Constitution does not provide clear guidelines for the exercise of the Governor’s powers, including the appointment of a Chief Minister or the dissolution of the Assembly. Additionally, there are no limits set for how long a Governor can withhold assent to a Bill, raising questions about arbitrary use of power.
- Governor as Agent of the Centre: The National Commission to Review the Working of the Constitution highlighted concerns that Governors may act in accordance with instructions from the Union Council of Ministers, leading to perceptions that they are “agents of the Centre.”
Reform suggested by the ARC of 1968 to the Sarkaria Commission of 1988:
- Selection Process: Establishing a panel consisting of the Prime Minister, Home Minister, Lok Sabha Speaker, and Chief Minister to select Governors.
- Fixed Tenure: Recommendations advocate for fixing the Governor’s tenure for five years.
- Impeachment Provision: Suggestions include introducing a provision to impeach the Governor by the State Assembly.
Conclusion: Governors often side with the central government and aren’t accountable enough. Kerala’s case shows a problem with the law. Proposed changes aim to make things clearer and fairer.
Mains PYQs
Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)
Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (UPSC IAS/2018)
https://indianexpress.com/article/explained/state-government-governors-powers-disagreements-9240141/
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