From UPSC perspective, the following things are important :
Prelims level: Bavikonda Buddhist Complex
Why in the News?
Ten years after the division of Telangana from united Andhra Pradesh, the distribution of antiquities, manuscripts, and cultural objects remains contentious.
The custody of objects like Buddha Relics from Bavikonda are part of this dispute.
About Bavikonda Buddhist Complex
Bavikonda, a significant ancient Buddhist site dating from the 3rd century BC to the 3rd century AD, is located along the Eastern Coastline of Andhra Pradesh near Visakhapatnam on the way to Bheemunipatnam.
It is located an ancient trade route linking Andhradesa with North India via Kalinga, along with its proximity to ancient ports.
The discovery of Roman silver coins further supports this historical context.
The site also features Buddhapada slabs intricately carved with Ashtamangala symbols, found on the platforms surrounding the Mahachaitya.
About Buddha Relics from Bavikonda
The relics were discovered in 1993 during archaeological excavations conducted by the Andhra Pradesh Department of Archaeology and Museums (DAM).
These discoveries have significantly contributed to our understanding of the spread of Buddhism in the region during the post-Ashoka period along the Krishna River basin.
Nature of Relics:
The site at Bavikonda yielded several earthen vessels containing gold objects and precious beads.
These relics are believed to include corporeal remains (related to skull) of the Buddha, along with silver and gold caskets.
These were found alongside an earthen urn or receptacle (Samudgaka) containing ashy deposits and burnt charcoal.
Noted Buddhavanam Sites in Andhra Region
Thotlakonda: Located near Visakhapatnam, Thotlakonda is another prominent Buddhist site dating back to the 3rd century BC to the 3rd century AD. It consists of monastic complexes, stupas, chaityas, viharas, and a university. Excavations have revealed relics and artifacts indicating it was a major center for Buddhist learning and trade.
Salihundam: Situated near Srikakulam, Salihundam dates from the 2nd century BC to the 12th century AD. It features remnants of stupas, votive stupas, monastic complexes, and sculptures. The site is noted for its architectural and sculptural heritage, reflecting a blend of Buddhist and Hindu influences over centuries.
Pavurallakonda: Close to Bheemunipatnam, Pavurallakonda is a Buddhist hilltop monastery dating back to the 3rd century BC to the 2nd century AD. It includes viharas, chaityas, and relic caskets. The site offers panoramic views of the coastline, adding to its spiritual ambiance.
Ghantasala: Located near Krishna district, Ghantasala served as an ancient Buddhist site from the 2nd century BC to the 2nd century AD. It contains stupas, viharas, and relics that indicate its significance as a trading hub and center for Buddhist teachings.
Nagarjunakonda: Situated in the Guntur district, Nagarjunakonda is an island on the Krishna River that flourished from the 3rd century BC to the 3rd century AD. It boasts numerous Buddhist monasteries, stupas, chaityas, and sculptures. The site is renowned for its architectural grandeur and extensive archaeological findings.
PYQ:
[2015] Which of the following kingdoms were associated with the life of Buddha?
Avanti
Gandhara
Kosala
Magadha
Select the correct answer using the codes given below:
From UPSC perspective, the following things are important :
Prelims level: Central Information Commission (CIC), Powers and Functions
Why in the News?
The Central Information Commission (CIC) upheld Rashtrapati Bhavan’s response to an RTI query regarding the number of times former President Kovind returned decisions by the Prime Minister/Union Council of Ministers for reconsideration.
The President’s Secretariat stated that no information was available on record regarding such returns.
Back2Basics: Right to Information (RTI)
The RTI Act of 2005 grants Indian citizens the right to access government-held information, with exceptions.
Its goal is to enhance transparency and accountability in public authorities.
This Act replaced the earlier Freedom of Information Act of 2002.
RTI aligns with Freedom of Speech and Expression (Article 19) in India’s Constitution.
About Central Information Commission (CIC)
Details
Establishment
Set up under the Section 12 of the Right to Information Act, 2005.
Function
Oversees implementation of RTI Act in Central Government and Union Territories.
Resolves complaints and decides appeals related to the Act.
Headquarters
New Delhi
Composition
Chief Information Commissioner (CIC)
Up to 10 Information Commissioners (IC), (appointed by President on recommendation of PM-led Committee consisting Leader of Opposition and Cabinet Ministers.)
Qualifications
CIC and IC must be persons of eminence in public life with wide knowledge and experience in: Law, Science and Technology, Social Service, Management, Journalism, Mass Media, Administration, and Governance.
NON-ELIGIBLITY: Members of Parliament or Legislature of any State or Union Territory, hold any office of profit, be connected with any political party, or carry on any business or profession.
Tenure
CIC and IC hold office for such term as prescribed by Central Government or until they attain age of 65 years, whichever is earlier.
NO Reappointment.
IC can be appointed as Chief Information Commissioner, but total tenure including term as IC should not exceed 5 years.
Removal
President can remove CIC or IC on grounds like insolvency, conviction for moral turpitude, engaging in another office of profit, etc.
Removal for misbehaviour requires Supreme Court enquiry and recommendation.
Salary & Conditions
Salary, allowances, and service conditions determined by Central Government, cannot be varied to their disadvantage during service (After RTI Amendment Act,2019)
How RTI amendment, 2019 has changed CIC?
Before the 2019 amendment to the RTI Act, ICs at the CIC held a 5-year fixed term and were considered equal in status to the Chief Election Commissioner and Supreme Court judges.
The 2019 amendments granted the Centre the power to alter these terms at its discretion.
Functions
Receives and inquires into complaints related to RTI Act violations, including non-appointment of Public Information Officer, refusal or delay in information, unreasonable fees, incomplete or false information.
Submits annual report on Act’s implementation to Central Government, presented to Parliament.
Powers
Can suo-moto order inquiries, summon persons, enforce oaths, access and inspect documents, receive evidence on affidavit, requisition public records, summon witnesses, and enforce compliance of decisions.
Can direct public authorities on information access, officer appointments, record management, training, and impose penalties or compensation for non-compliance.
PYQ:
[2018] The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (150 words)
[2019] There is a view that the Officials Secrets Act is an obstacle to the implementation of RTI Act. Do you agree with the view? Discuss.
[2020] “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.
Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Death Penalty, Pardoning Power
Why in the News?
The President of India has rejected a Mercy Petition to pardon a Pakistani terrorist.
The accused was one among the Lashkar-e-Tayyeba terrorists who attacked the Red Fort in 2000, killing two soldiers and a civilian guard.
What is the process of Mercy Petition?
Step 1: The convict facing a death sentence can file a mercy petition within 7 days of the Supreme Court dismissing their appeal.
Step 2: The convict or their relative submits a written petition to the President or governor, citing grounds such as sole breadwinner, physical/mental health, perceived harshness of the law, or judicial errors.
Step 3: The petition is forwarded to the Ministry of Home Affairs for assessment and recommendations, including consultation with the relevant State government.
Step 4: Based on Home Ministry recommendations and the Council of Ministers’ advice, the President can accept or reject the mercy pleawithout a specified time limit.
Step 5: While governors cannot pardon death sentences, they can commute, remit, or reprieve sentences under their state’s executive powers for offences against state laws.
Judiciary on Mercy Petitions:
Bachan Singh v. State of Punjab (1980): The Supreme Court, upheld the death penalty but set the stringent criteria. It emphasized that the death penalty should be awarded only in the “rarest of rare” cases when all mitigating circumstances are considered.
In Maru Ram v. Union of India (1981), the Supreme Court ruled that the power to grant pardons under Article 72 of the Constitution must be exercised based on the advice of the Council of Ministers.
In Kehar Singh vs Union of India (1989) case, the court asserted that presidential pardon is an act of grace, not a right that can be claimed. The exercise of this power is purely administrative and not subject to judicial review.
In the Dhananjoy Chatterjee vs State of West Bengal (1994) case, the Supreme Court clarified that the pardoning powers under Articles 72 and 161 of the Constitution can only be exercised by the Central and State Governments, respectively, and not autonomously by the President or Governor.
In Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006), the Supreme Court ruled that the clemency powers of the President and Governor under Article 72 and Article 161 are subject to judicial review.
In Shatrugan Chauhan v. State of U.P. (2014), the appex court has also commuted the death sentence in cases of inordinate delay in deciding mercy petitions. The court commuted the sentence of one Gurmeet Singh after he spent 27 years in custody (and 21 years on death row).
In Mohd. Afzal Guru vs State of Delhi (2014)case, the court-mandated a minimum 14-day gap between the rejection of a mercy petition and the execution of a death penalty, ensuring adequate time for legal recourse.
Report of the 262nd Law Commission (2015): Recommended abolishing the death penalty for all crimes except terrorism-related offenses and waging war.
In April 2023, the Supreme Court upheld the Mumbai High Court’s decision to commute the death sentence of a woman and her sister due to significant delays in deciding their mercy petitions.
About Presidents’ Pardoning Powers under Article 72
According to Article 72, the President of India has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense: In cases where the punishment or sentence is by a Court Martial;
According to Article 161, the Governor of a State has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to matters under the executive power of the State.
In the recent Supreme Court Ruling of 2021, the apex court held that the Governor of a state can pardon prisoners, including those on death row, even before they have served a minimum of 14 years of their prison sentence.
Did you know?
Pardon means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
Commutation means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
Reprieve means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for a Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
Respite means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
Remission means changing the time period of the punishment without changing its nature, for example reducing twenty years of rigorous imprisonment to ten years.
Cases as specified by Art. 72
In all cases where the punishment or sentence:
is by a court-martial.
is for an offence against any law relating to a matter to which the executive power of the Union extends.
is a sentence of death.
Nature of the Pardoning Power
The pardoning power of the president is not absolute.
At a procedural level, the apex court in Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) has held that the President’s power must be exercised based on the aid and advice of the Council of Ministers and can be challenged on multiple grounds including that relevant material was not considered, the power was exercised based on political considerations, or there was no application of mind.
This has not been discussed by the Constitution but is the practical truth. Further, the constitution does not provide for any mechanismto question the legality of decisions of presidents or governors exercising mercy jurisdiction.
PYQ:
[2014] Instances of President’s delay in commuting death sentences have come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse.
Ashwatthama, a 38-year-old elephant, died of electrocution near Karnataka’s Nagarahole Tiger Reserve.
The High Court of Karnataka suo motu initiated a PIL petition to inquire about this incident attributed to a lack of care and diligence by concerned authorities.
Nagarahole Tiger Reserve
Located in the Western Ghats in Karnataka; Spans over 643 square kilometers.
Declared a wildlife sanctuary in 1955 and a tiger reserve in 1999.
Part of the Nilgiri Biosphere Reserve is recognised as an Important Bird Area (IBA) and a Project Tiger, Project Elephant reserve.
Managed by the Karnataka Forest Department with efforts focused on conservation, ecotourism, and community engagement.
The reserve is crisscrossed by several rivers such as the Kabini River, Lakshmana Tirtha River, and Moyar River.
Flora and Fauna: Known for its diverse ecosystem, including tropical and moist deciduous forests, home to a variety of wildlife such as tigers, leopards, elephants, gaur, and several species of deer and birds.
Protective Measures:Project Elephant
It was launched in the year 1992 as a Centrally Sponsored Scheme with the following objectives:
To protect elephants, their habitat & corridors
To address issues of man-animal conflict
The welfare of captive elephants
It covers 23 states across India.
The Ministry of Environment, Forest and Climate Change provides financial and technical support to major elephant range states in the country through the project.
It contributed to the increase in the wild elephant population from around 25,000 in 1992 to about 30,000 in 2021.
Status of Elephant Conservation in India
Details
Population Estimate
India hosts the largest population of wild Asian Elephants (Elephas maximus), with around 29,964 individuals,
Approximately 60% of the global population (2017 census).
Leading States
Karnataka holds the highest number of elephants, followed by Assam and Kerala.
Conservation Status
IUCN Red List: Endangered.
CMS: Appendix I.
Wildlife (Protection) Act, 1972: Listed under Schedule I,
CITES: Appendix I.
PYQ:
[2020] With reference to Indian elephants, consider the following statements:
The leader of an elephant group is a female.
The maximum gestation period can be 22 months.
An elephant can normally go on calving till the age of 40 years only.
Among the States in India, the highest elephant population is in Kerala.
Which of the statements given above is/are correct?
From UPSC perspective, the following things are important :
Prelims level: Indian Foreign Exchange Management (Non-debt Instruments) Rules
Mains level: Challenges with the Recent Amendment
Why in the News?
To achieve a $5 trillion economy by 2025-26, India must eliminate obstacles hindering Foreign Investments and facilitate smoother processes for companies and investors.
About the Indian Foreign Exchange Management (Non-debt Instruments) Rules
FEMA outlines the formalities and procedures for the dealings of all foreign exchange transactions in India. These foreign exchange transactions have been classified into two categories — Capital Account Transactionsand Current Account Transactions.
The Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019, commonly referred to as FEMA NDI, regulates foreign investments in Indian companies. These rules are critical for overseeing the flow of foreign capital into the country, ensuring that investments align with national interests and do not pose security risks.
The amendment to the Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“FEMA NDI”)was again made through press note number 3 in the year 2020.
In exercise of the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and consequent to the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019, the Reserve Bank of India makes the following regulations relating to mode of payment and reporting requirements for investment in India by a person resident outside India.
‘Act’means the Foreign Exchange Management Act, 1999 (42 of 1999);
On April 16, 2024, the Ministry of Finance, through the Department of Economic Affairs, notified the Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2024 (the “Amendment“), prescribing new entry routes for foreign investment in activities under the space sector.
Introduction of Press Note 3 (PN3) Requirement:
What does it mean?: This amendment requires prior government approval for any investments from entities or individuals in countries that share a land border with India. This rule applies if the investment comes directly from these countries or if the beneficial owner (the real person who ultimately owns or controls the investment) is a citizen or resident of these countries.
The purpose: Implemented during the COVID-19 pandemic, the rule aims to prevent opportunistic takeovers of struggling Indian companies by neighboring countries
Challenges with the Recent Amendment
Undefined ‘Beneficial Owner’: The term ‘beneficial owner’ isn’t clearly defined in the PN3 Requirement, leading to confusion. Different laws define the term differently, making it hard for companies to know which standards to follow.
Regulatory Uncertainty: Since the latter half of 2023, the Reserve Bank of India (RBI) has adopted a stricter interpretation of these rules. This shift has caused anxiety among investors and companies, as practices previously deemed acceptable are now being scrutinized.
Regulatory Burden: Companies now face significant delays and a high rate of rejection when seeking approval for investments. According to some officials, proposals worth ₹50,000 crore have been stalled or rejected in the past three years, with 201 applications being turned down.
Severe Fines: Non-compliance with the PN3 Requirement can result in fines up to three times the amount of the investment. For many startups, this could mean financial ruin, as the fines could exceed their revenue or assets.
Legal Battles: Violations could lead to lengthy and costly legal disputes, further burdening the already slow judicial system in India.
What can be the better solution? (Way forward)
Ownership Thresholds: Define beneficial ownership with clear thresholds, such as 10% to 25% ownership stakes. This would help companies understand whether they need to seek approval.
Control-Conferring Rights: Specify which rights indicate control, such as the ability to influence board decisions or veto significant operational changes. Exclude rights that merely protect investor interests, such as veto powers over mergers.
Investor Representations: Allow Indian companies to require foreign investors to provide assurances about their compliance with the PN3 Requirement, backed by indemnities.It would provide a safety net for Indian companies.
Time-Bound Reviews: Introduce a system where companies can seek timely advice from regulatory authorities on whether specific clauses in their investment agreements confer control. This would be similar to mechanisms in competition law, offering clarity and reducing the risk of penalties for inadvertent non-compliance.
Mains PYQ:
Q Foreign Direct Investment (FDI) in the defence sector is now set to be liberalized: What influence this is expected to have on Indian defence and economy in the short and long run? (UPSC IAS/2014)
From UPSC perspective, the following things are important :
Mains level: Debate Over Contribution and suggest measures
Why in the news?
The Bonn climate meeting failed to define a new climate finance goal, crucial for finalizing a sum exceeding $100 billion annually by the end of 2024.
Key Highlights of the Climate Meeting in Bonn, Germany
Failure to Define New Climate Finance Goal: The recent climate meeting in Bonn did not make significant progress in setting a new climate finance goal. This new goal is supposed to replace the existing $100 billion per year target, which needs to be finalized by the end of 2024.
Outcome: The meeting only produced a lengthy 35-page “input paper” summarizing various countries’ demands and concerns, without providing any concrete numbers or agreements. This paper is expected to be developed into a formal negotiating draft for COP29 in Baku, Azerbaijan.
Search for a New NCQG (New Collective Quantified Goal)
Importance of Climate Finance: Money is essential for climate action, including mitigation, adaptation, and other tasks like collecting and reporting climate data, which require substantial funds, especially in developing countries.
Existing Commitment: Developed countries had promised to mobilize $100 billion annually from 2020 to help developing countries fight climate change. This target is now being re-evaluated to increase the amount post-2025.
Previous Assessment
Current Needs: It is widely recognized that developing countries now require trillions of dollars annually. A UNFCCC assessment indicated that these countries need about $6 trillion by 2030 for climate actions, with adaptation needs alone requiring $215 billion to $387 billion annually.
Energy Transition: The global shift to clean energy requires investments of about $4.3 trillion per year until 2030 and around $5 trillion annually thereafter until 2050 to achieve global net-zero emissions.
Developing Countries’ Demands: India has proposed that developed countries should provide at least $1 trillion annually after 2025, while Arab and African countries have suggested figures of $1.1 trillion and $1.3 trillion, respectively.
Debate Over Contribution
Original Responsibility: According to the UNFCCC and Paris Agreement, only the 25 countries listed in Annexure 2, along with the European Economic Community, are responsible for providing climate finance to developing countries.
Shifting Responsibility: These countries argue that other nations, such as China, Gulf countries, and South Korea, are now economically capable and should also contribute. However, countries like China have stated they do not intend to take on additional responsibilities beyond their current efforts.
Developed Countries’ Stance: While acknowledging that the new target must be higher than the existing $100 billion per year, developed countries have not made any specific offers publicly.
Way forward:
Clear Definition of Climate Finance: Establish a universally accepted definition of climate finance to prevent discrepancies in reporting and ensure transparency.
Precise Targets and Timelines: Set clear, incremental targets leading up to the final goal, with defined timelines for achieving these targets. This will provide a roadmap for both developed and developing countries.
Mains PYQ:
Q Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC IAS/2021)
From UPSC perspective, the following things are important :
Prelims level: Digital Health Incentive Scheme
Mains level: Why has the scheme been extended?
Why in the News?
The central government has granted a one-year extension to the Digital Health Incentive Scheme (DHIS), aimed at digitizing patients’ health records and integrating them with the Ayushman Bharat Digital Health Account (ABHA ID).
About the Digital Health Incentive Scheme:
The National Health Authority (NHA) launched the Digital Health Incentive Scheme on January 1, 2023, to implement the Ayushman Bharat Digital Mission (ABDM) to create a digital health ecosystem in the country.
ABDM intends to support different healthcare facilities like clinics, diagnostic centers, hospitals, laboratories and pharmacies in adopting the ABDM ecosystem to make available the benefits of digital health for all the citizens of India.
It encourages the adoption of digital health solutions like Health Management Information Systems (HMIS) and Laboratory Management Information Systems (LMIS) by offering financial incentives for each additional record digitized beyond a specified threshold.
Benefits of the Digital Health Incentive Scheme:
Earn incentives for Digitization: Reimburse the expenses incurred for digitization to all the participating healthcare facilities and digital Solution Companies.
Efficiency in Healthcare Delivery: Seamless access to patient’s longitudinal health records; Removes hassles in the healthcare process (registration, appointment, consultation, IPD admission, discharge, etc).
Building a Robust Digital Health Ecosystem: Building a robust digital health ecosystem across different levels of healthcare facilities.
Improved Quality of Care: Evidence-based, accessible, and good quality care. Patient’s ease of access to digitized health records and improved healthcare delivery.
Why has the scheme been extended?
The extension aims to sustain momentum in the adoption of digital health technologies. By providing additional time, the scheme supports more healthcare providers, both public and private, in overcoming financial barriers associated with digitization and promoting a digital-first approach to healthcare delivery.
Extending the scheme allows for incorporating feedback from stakeholders and refining its implementation based on operational insights. This iterative process ensures that the scheme remains effective in enhancing healthcare efficiency, patient care, and accessibility to medical records across the country.
How many Hospitals and Digital Health Companies have availed of the incentive?
Registered Facilities: A total of 4,005 healthcare facilities have registered for the Digital Health Incentive Scheme (DHIS). This includes 1,085 private healthcare facilities.
Digital Solution Companies (DSCs): There are 41 digital solution companies (DSCs) registered under the scheme, out of which 36 are private companies.
Availed the Scheme: Among the registered facilities and companies, 584 healthcare facilities have availed the scheme so far. This includes 83 private healthcare facilities. Additionally, 12 DSCs, including 10 private companies, have also availed the incentive.
How can it be beneficial for the patients?
Quick Registration: Patients can benefit from quicker OPD registrations through digital systems, reducing waiting times at hospitals and clinics.
Digital Transactions: Digital health records enable easier access to medical history and facilitate seamless sharing of information between healthcare providers, ensuring continuity of care.
Reduced Redundancy: Digital records help in avoiding duplicate tests and procedures due to lost or misplaced paper records, which is particularly beneficial for patients who move between healthcare facilities or states.
Better Coordination: Healthcare providers can access comprehensive patient records quickly, leading to more coordinated and effective treatment plans.
Prevention of Additional Costs: By reducing the need for repeat tests and administrative overheads associated with paper-based records, patients are less likely to incur unnecessary expenses.
Clear Communication: Patients can securely view, access, and share their health records with healthcare providers, promoting transparency and informed decision-making about their care.
Secure Storage: Digital health records stored under the Ayushman Bharat Digital Health Account (ABHA ID) ensure data security and privacy, adhering to regulatory standards.
Do you know what is ‘ABHA ID’?
ABHA ID, or Ayushman Bharat Digital Health Account ID, is a unique digital identifier issued to individuals in India.
It serves as a centralized platform for individuals to store and manage their medical records digitally, including doctor consultations, prescriptions, and diagnostic test results.
ABHA ID facilitates easy access to health information across different healthcare providers, promotes continuity of care, and supports informed decision-making during medical treatments.
Conclusion: The extension of the Digital Health Incentive Scheme aims to boost adoption of digital health solutions, benefiting patients with improved access and care coordination. Challenges include ensuring equitable access and addressing digital literacy barriers.
Mains PYQ:
Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC IAS/2018)
