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Start-up Ecosystem In India

Risks involved in over-valued unicorns

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper-Unicorns in Indian economy and issues with their valuation

Context

The biggest-ever initial public offering (IPO) in India fell flat on its face on the first day of its listing in the stock exchange, with shares being traded at prices less than 27% of the IPO price.

Rise of unicorns in India and factors driving it

  • Unicorns in diverse sectors: There has been a unicorn gale in India in recent years, covering diverse sectors from fintech to cloud kitchen.
  • Growth in digital payment is reflected in the fintech sector that has contributed the most to the unicorn list.
  • Factors driving growth: An ecosystem which combines thriving digital payments, a growing smartphone user base and digital-first business models adopted by many start-ups has driven expectations of investors, resulting in large-scale fund flows into new business ventures.
  • Growing smartphone user: Expectations are high as the country has around 640 million Internet users, of which 550 million are smartphone users.
  • Growing digital payments: Digital payment has seen a growth of 30.19% as of March 31, 2021 and by the end of September 30, the unified payments interface (UPI) registered 3.5 billion transactions amounting to ₹6.54 trillion.

FinTech and EdTech leading unicorns

  • American investment firms Tiger Global and Sequoia Capital have been the major investors, providing very quick follow-up rounds of funds across all stages and sectors.
  • Fundamental financial performance of the business is not factored in these decisions which could lead to biased valuations.
  • Idea of disruptive technologies: The idea of disruptive technologies has become a buzzword for characterising start-ups.
  • The idea was that start-ups with limited resources can aim at technology disruption by inventing an entirely new way of getting something done.
  • The story is similar in educational technologies (EdTech) as well.
  • The novel coronavirus pandemic has been a blessing in disguise for EdTech firms, as it is this external environment that is pushing the industry, giving it an acceleration by four to five years.
  • Too many acquisitions with big ambitions to grow inorganically puts pressure on the balance sheet in the years to come as some of the new acquisitions are likely to fail.
  • Even, EdTech firms with reasonably good business models are highly overvalued due to abundant liquidity.
  • Cost of achieving behaviour change: Almost every second advertisement on primetime television is either of a digital payment firm or EdTech platform.
  • New firms in services will have to indulge in this process for a longer period than firms in other industries such as transportation as these firms have to bring about a particular kind of change that customers are significantly comfortable using the service.
  • Firms burn cash to give massive discounts to customers in the hope that people will get so habituated to these platforms that they will remain active even when the prices are hiked.
  • To some extent this worked in the context of mobile telephone services as Indians have got hooked to mobile phones and reoriented spending to buy more sophisticated smartphones and data.
  • But in other services this does not seem to work so easily.
  • The projection flaw: Data by the Centre for Monitoring Indian Economy (CMIE) points to this flaw of over-optimistic demand projections as there are just about 23 million households which earn more than ₹5 lakh per year i.e., less than ₹42,000 a month, which is about 7% of all Indian families.
  • It is only this class which can be coaxed to behavioural changes — i.e. people who can afford various kinds of goods and services.
  • If firms want to go beyond this 7% of households they have to offer bigger discounts, burning more cash, with the possibility that once the discounts are reduced, customers drop off.

Consider the question “India is witnessing the unicorn boom in the starts-ups. However, valuation of these unicorns has raised concerns. In light of this, examine the factors driving the rise of unicorns in India and why their valuation raises concerns?”

Conclusion

We are witnessing new unicorns emerging every month, which are products of inflated valuations to tap more funds to burn more cash. These valuations are solely on the basis of future earnings, with virtually no profits to show in the present.

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Right To Privacy

Draft Personal Data Protection Bill, 2021

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Right to Privacy

Mains level: Personal Data Protection Bill

The Joint Parliamentary Committee (JPP) on the Personal Data Protection Bill of 2019 is said to have adopted the final draft. The Bill will be tabled in the Winter Session of Parliament.

What is Personal Data?

  • Data can be broadly classified into two types: personal and non-personal data.
  • Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
  • Non-personal data includes aggregated data through which individuals cannot be identified.
  • For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data.

What is Data Protection?

  • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

Why was a bill brought for Personal Data Protection?

  • In August 2017, the Supreme Court had held that Privacy is a fundamental right under Article 21 of the Constitution.
  • The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
  • In July 2017, a Committee of Experts, chaired by Justice BN Srikrishna, was set up to examine various issues related to data protection in India.
  • The committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.

How is personal data regulated currently?

  • Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000.
  • The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.

Issues with IT Rules, 2011

  • The IT rules were a novel attempt at data protection at the time they were introduced but the pace of development of digital economy has shown its shortcomings.
  • For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract.
  • Further, the IT Act applies only to companies, not to the government.

What does the Personal Data Protection Bill provide?

  • Collection and storage: The bill regulate personal data related to individuals, and the processing, collection and storage of such data.
  • Data Principal: Under the bill, a data principal is an individual whose personal data is being processed.
  • Data fiduciary: The entity or individual who decides the means and purposes of data processing is known as data fiduciary.
  • Data processing: The Bill governs the processing of personal data by both government and companies incorporated in India.
  • Data localization: It also governs foreign companies, if they deal with personal data of individuals in India.
  • General consent: The Bill provides the data principal with certain rights with respect to their personal data. Any processing of personal data can be done only on the basis of consent given by data principal.
  • Data Protection Authority: To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a DPA.

Issues with the PDP Bill

  • Exemptions to the govt: Section 35 of the bill permits the Central Government to exempt any agency of the Government from the provisions of the law.
  • No reasonable exemptions: There is no sufficient reason for government agencies to be exempted from basic provisions of the Bill.
  • Easy breach: Though this would be subject to procedures, safeguards, and oversight mechanisms to be prescribed by the Government.
  • Executive hegemony: There is no scope for oversight over the executive’s decision to issue such an order.
  • Arbitrary and intrusive: As demonstrated by the Pegasus case, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness.

Why is the state given exemption?

  • Biggest needy of Data: The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals.
  • Welfare objectives: It has a monopoly over coercive powers as well have the obligation to provide welfare and services.

Issues with Exemption to State

  • Grounds of expediency: the use of this provision on grounds of expediency is an extremely low bar for the Government to meet.
  • Non requirement for exemption order: There is no requirement for an exemption order to be proportionate to meeting a particular State function.
  • No oversight on executive actions: There is no scope for oversight over the executive’s decision to issue such an order or any safeguards prescribed for this process.
  • State surveillance: Section 36(a) of the Bill provides for an exception where personal data is being processed against criminal investigation. This provision could therefore encourage vigilantism or enable privatized surveillance.

Best practices followed across the world

  • The European GDPR (General Data Protection Regulation) is commonly seen as the pinnacle of data protection regulation worldwide.
  • The EU law has in place a separate law that deals with the processing of personal data by law enforcement agencies.
  • UK’s Data Protection Act dedicates Part 3 that liberalises certain obligations while at the same time ensuring that data protection rights are also protected.

Way forward

  • Balancing privacy interests with those of public needs (such as that of State security) is a difficult task.
  • This should undergo rigorous consultations in Parliament taking into confidence all stakeholders.
  • Once debated in Parliament, one can only hope that adequate time and attention is given to finding a better balance between competing interests.

 

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Railway Reforms

Bharat Gaurav Scheme to promote Tourism

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Bharat Gaurav Scheme

Mains level: Not Much

To tap the huge potential of tourism, the Railways has announced the ‘Bharat Gaurav’ Scheme.

Bharat Gaurav Scheme

  • Under this Scheme, theme-based tourist circuit trains, on the lines of the Ramayana Express, can be run either by private or State-owned operators.
  • Till now, the Railways had passenger segments and goods segments.
  • Now, it will have a third segment for tourism under the Bharat Gaurav.
  • The scheme has been developed after extensive stakeholder discussions and a lot of State Governments, including Odisha, Rajasthan, Karnataka and Tamil Nadu, have shown interest.

Key features

  • Service providers, who can be an individual, company, society, trust, joint venture or consortium will be free to decide themes/circuits.
  • They will offer an all-inclusive package to tourists including rail travel, hotel accommodation and sightseeing arrangement, visit to historical/heritage sites, tour guides etc.
  • They have full flexibility to decide the package cost.
  • The service providers will also be able to design/furnish the interior of the coaches based on the theme and put branding or advertising inside and outside of the train.

 

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Panchayati Raj Institutions: Issues and Challenges

[pib] Mysuru Declaration on Service Delivery by Panchayats

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Myusur Declaration

Mains level: Not Much

The Participants from 16 States signed the Mysuru Declaration and resolved to roll out the Common Minimum Service delivery by Panchayats across the country from April 1, 2022.

Mysuru Declaration

  • The Mysuru declaration is aimed at recognising Citizen Centric Services as the “Heart of Governance”.
  • It provides key inputs on various aspects of service delivery that are either provided by the panchayats directly or services of other departments that are facilitated by panchayats.

Highlights of the Declaration

WE, the Representatives and Officials recognise the efforts to promote inclusive and accountable Local Self Governments in delivery of services, in consonance with the priorities and the aspirations of our citizens.

We accepresponsibility for seizing this moment to strengthen our commitments to promote transparency, empower citizens, and harness the power of new technologies towards timely and quality delivery of services; enhancing citizen service experiences

We uphold the value of openness in our engagement with citizens to improve services, incorporating diverse views when designing and delivering services. We embrace principles of transparency and open government with a view towards achieving greater prosperity, well-being, and human dignity for sustainable development of local communities.

 

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Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

First ever All India Survey on Domestic Workers

Note4Students

From UPSC perspective, the following things are important :

Prelims level: All India Survey on Domestic Workers

Mains level: Not Much

Union Minister for Labour and Employment  has flagged off the first ever All All India Survey on Domestic workers being conducted by Labour Bureau.

All India Survey on Domestic Workers

  • The Survey  is aimed to estimate the number and proportion of domestic workers at National and State level.
  • It would help find percentage distribution of domestic workers with respect to Live-in/Live-out, formal/ Informal Employment, Migrant/Non-Migrant, their wages and other socio-economic characteristics.
  • The survey will also provide the Household Estimates of Live-in/Live-out domestic workers and average number of domestic workers engaged by different types of households.

Objectives of the Survey

  • Estimate the number/proportion of DWs at National and State level.
  • Household Estimates of Live-in/ Live-out DWs.
  • Average number of DWs engaged by different types of households.

Why need such Survey?

  • Domestic workers (DWs) constitute a significant portion of total employment in the informal sector.
  • However, there is a dearth of data on the magnitude and prevailing employment conditions of DW.
  • Hence with the view to have time series data on domestic workers, GoI has entrusted Labour Bureau to conduct an all-India survey on DWs.

Parameters of the Survey

The Domestic Worker Survey collects information on the following broad   parameters:

  • Household Characteristics such as HH size, Religion, Social Group, Usual Monthly Consumption Expenditure, Nature of Dwelling unit.
  • Demographic Characteristics such as Name, Age, Relation to Head, Marital Status, General Education Level, Usual Principal Activity Status, Subsidiary Activity Status and Status of DWs.
  • Information on Employer is also collected such as their preferences of DW regarding Gender and marital status, mode of payment of wages, number of days worked, mode of engagement, whether DW services were availed during ii COVID-19 pandemic, medical support given to DWs.

Scope of the Survey

  • All India States/UTs of India covered are 37 and Districts covered are742
  • Unit of Enumeration is Villages as per Census 2011 and Urban Blocks as per latest phase of UFS.
  • At the all-India level, a total number of 12766 First Stage Units (FSUs) i.e., 6190 villages and 6576 UFS blocks will be covered in the survey.
  • 1,50,000 Households i.e., the Ultimate Stage Units (USU) will be covered.

 

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Right To Privacy

Facial Recognition Technology

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Right to privacy

Mains level: Paper 2- Issues with use of facial recognition technologies by the police

Context

According to police officials, more than six lakh CCTV cameras have already been deployed in the city, with the very real possibility that this number will continue to increase. These all-pervasive cameras will soon be connected in a real-time network managed by Hyderabad’s Command and Control Centre.

Facial Recognition

It is a biometric technology that uses distinctive features of the face to identify and distinguish an individual. Over a period of almost 6 decades, it has evolved in many ways- from looking at 3D contours of a face to recognizing skin patterns.

How does it work?

  • The facial recognition system works primarily by capturing the face & its features through the camera and then using various kinds of software to reconstruct those features.
  • The captured face along with its features is stored into a database, which can be integrated with any kind of software that may be used for security purposes, banking services, etc.
  • In the Automated Facial Recognition System (AFRS), the large database (containing photos and videos of peoples’ faces) is used to match and identify the person. The image of an unidentified person, taken from CCTV footage, is compared to the existing database using Artificial Intelligence technology, for pattern-finding and matching.

What are the uses?

  • Authentication: It is used for identification and authentication purposes with a success rate of almost 75%.
    • For instance, the NCRB’s Crime and Criminal Tracking Network & Systems (CCTNS) managing crime data for police, use automated facial recognition to identify criminals, missing people, and unidentified dead bodies, as well as for “crime prevention”.
    • The project is aimed at being compatible with other biometrics such as iris and fingerprints.
    • The integration of fingerprint databases, face recognition software and iris scans will massively boost the police department’s crime investigation capabilities.
  • Force Multiplier: In India, where there are just 144 constables per 1 lakh citizens, this can act as a force multiplier. It neither requires too much manpower nor regular up-gradation. Hence, this technology coupled with the present manpower in place can act as a game-changer.
  • Varied applications: It is increasingly being used for everything from unlocking mobile phones to validating the identity, from auto-tagging of digital photos to finding missing persons, and from targeted advertising to law enforcement.

Opposition to facial recognition technologies

  • How it works: Facial recognition technology identifies the distinctive features of a person’s face to create a biometric map, which an algorithm then matches to possible individuals.
  • The system searches across databases of millions of images scraped without knowledge or consent and often fails.
  • Severe scrutiny: The use of facial recognition technology is already under severe scrutiny around the world, with some jurisdictions, including Belgium and Luxembourg, have already banned its use.
  • Ban by EU: The European Union is in the process of finalizing and passing one of the most comprehensive bans on facial recognition technology yet, while in the United States, multiple cities- and state-level bans and moratoria have been imposed.
  • More than 200 organizations have called for a global ban on the use of biometric surveillance technologies that enable mass and discriminatory surveillance, while even Facebook announced that it would be shutting down its facial recognition program.

Issues with the use of facial recognition technologies in India

  • Violation of the right to privacy: The right to privacy was recognized as a fundamental right, included under the right to life and liberty by the Supreme Court of India in 2017.
  • Absence of legal framework: Without a law in place to regulate data collection and to act as an oversight mechanism, valid concerns about privacy and other rights violations continue to arise.
  • High Infrastructural Costs: Technologies like Artificial Intelligence and Big Data are costly to implement. The size of stored information is extremely large and requires huge network & data storage facilities, which are currently not available in India.
  • Image Collection: The sources from which images will be collected to create a repository/database need to be known.
  • The concern of Data Leakage: In today’s world of cybercrime, it is important to put appropriate safeguards in place in order to ensure the integrity of the repository/database, so that it doesn’t leak out the information and is not privatized or monetized.
  • Required Expertise: Experts are needed to verify and authenticate data collected before storing them who should be provided proper training to protect & avoid abuse and misuse of the collected data & database.
  • Reliability & Authenticity: As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with standards and procedures followed would be taken into consideration. Hence, the authenticity of the data is crucial.
  • Huge amounts of public money are being spent on these technologies with no evidence of their effectiveness, further squandering precious public funds.

The National Automated Facial Recognition System

  • To empower the Indian police with information technology, India approved the implementation of the National Automated Facial Recognition System (NAFRS).
  • On its implementation, it will function as a national-level search platform that will use facial recognition technology.
  • It will help to facilitate investigation of crime or for identifying a person of interest regardless of face mask, makeup, plastic surgery, beard, or hair extension.

Way Forward

  • Save the time of police: This is a compare and contrast tool meant for identification based on existing information. The process of identification can be accelerated by its use.
  • Proper Legal safeguards are a must: With proper safeguards, this technology is much needed for India. Having the biggest IT workforce in the world, state-of-the-art technology can act as a game-changer for India.
  • Need to learn from Global examples: Police departments in London are under pressure to put a complete end to the use of facial recognition systems following evidence of discrimination and inefficiency.
    • Hence, it is necessary to make use of such technology, but it cannot act as the silver bullet for all the police reforms that we need.

Conclusion

Government programs such as Safe City, Smart City, and the Nirbhaya Fund have been utilized to bankroll these projects — yet the human rights violations that occur as a result of their use far outweigh any purported benefit that these technologies claim to provide.

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Foreign Policy Watch: India-United States

Dynamism in India-U.S. ties

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Parliamentary Friendship Groups

Mains level: Paper 2- Interactions between Members of Parliament in India and members of the U.S. Congress

Context

While there are regular interactions among officials at various levels and across sectors, as well as people-to-people engagement, there are no formal interactions between Members of Parliament in India and members of the U.S. Congress.

US Congressional Delegation (CODEL) visit to India

  •  CODEL travels across the world during the periods when Congress takes a break from legislative work.
  • Interactions during these travels are important in shaping relations with foreign countries.
  • In November, a congressional delegation (CODEL) travelled to the Indo-Pacific Command countries, including the Philippines, Taiwan and India.
  • In New Delhi, the six-member delegation interacted with Prime Minister Narendra Modi, External Affairs Minister S. Jaishankar, and representatives of the Dalai Lama.
  • The members of the delegation noted the “increasing convergence of strategic interests” between India and the U.S. and said they would like to “further enhance cooperation… to promote global peace and stability”.
  •  Mr. Modi appreciated the consistent support and constructive role of the U.S. Congress in deepening the India-U.S. comprehensive global strategic partnership.
  • Enhancing bilateral relationship on critical issues: Mr. Modi and CODEL exchanged views on enhancing the bilateral relationship and strengthening cooperation on contemporary global issues such as terrorism, climate change and reliable chains for critical technologies.
  • Demand for the presidential waiver for India: Two days after returning from his trip to India, CODEL member Senator Tommy Tuberville favoured India getting the presidential waiver under the Countering America’s Adversaries Through Sanctions Act.
  • Significance of CODEL visit: Members of the U.S. Congress play an important role in determining foreign policy, which at times is dictated by the demands of constituents.

Way forward

  •  Despite the robustness in India-U.S. relations, there is no institutional communication or interaction between MPs in India and members of the U.S. Congress.
  • Establishment of India-US Parliamentary Exchange: The joint statement at the end of the 2+2 Dialogue in 2019 stated: “The Ministers looked forward to the establishment of India-US Parliamentary Exchange to facilitate reciprocal visits by Parliamentarians of the two countries”.
  • Indian Parliamentary Group: India can take it forward through the Indian Parliamentary Group, which acts as a link between the Indian Parliament and the various Parliaments of the world.
  • At present, there are eight Parliamentary Friendship Groups of India’s including Japan, Russia, China and the European Union.
  • The U.S. is absent from this list.

Conclusion

The significance of the CODEL visit is not lost in the U.S. as members of the U.S. Congress play an important role in determining foreign policy, which at times is dictated by the demands of constituents.

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Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

Reforming the fertilizer sector

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NBS

Mains level: Paper 3- Reforms in fertiliser sector

Context

Since 1991, when economic reforms began in India, several attempts have been made to reform the fertilizer sector to keep a check on the rising fertilizer subsidy bill, promote the efficient use of fertilizers, achieve balanced use of N, P, and K (nitrogen, phosphorus, and potassium), and reduce water and air pollution caused by fertilizers like urea.

Several attempts have been made to reform the fertilizer sector to keep a check on the rising fertilizer subsidy bill.

Background

  • After years of unchanged prices, the budget of 1991 raised the issue prices of fertilizers by 40% on average. This rise was rolled down to 30% in a few months, with exemption to small and marginal farmers from the price increase.
  • Due to opposition, the increase in Urea price was further rolled back to 17% over the pre-reform price.
  • It resulted in a big shift in the composition of fertilizers used in the country in favor of urea and thus Nitrogen (N).
  • The government started Nutrient Based Subsidy in 2010 to address the growing imbalance in fertilizer use, which was skewed towards urea (N).
  • However, only non-nitrogenous fertilizers P and K (phosphorus and potassium) were included in NBS; urea was left out.

Need for reforms on three fronts

Reforms are needed to promote in three key areas:

1) The efficient use of fertilizers.

2) To achieve balanced use of N, P, and K (nitrogen, phosphorus, and potassium).

3) To reduce water and air pollution caused by fertilizers like urea.

Challenges in the fertilizer sector

A] Distortion in use due to price difference

  • The Union Budget of July 1991 raised the issue prices of fertilizers by 40% on average.
  • Due to opposition to increasing fertilizer prices, the increase in the price of urea was rolled back to 17% a year later over the pre-reform price.
  • The shift in the composition of fertilizer used: This change disturbed the relative prices of various fertilizers and resulted in a big shift in the composition of fertilizers used in the country in favor of urea and thus N.
  • Farmers tended to move towards balanced use, but policy and price changes reversed the favorable trend a couple of times in the last three decades.
  • In 2019-20, fertilizer use per hectare of cultivated area varied from 70 kg of NPK in Rajasthan to 250 kg in Telangana
  • Further, the composition of total plant nutrients in terms of the N, P, K ratio deviated considerably from the recommended or optimal NPK mix.
  • It was 33.7:8.0:1 in Punjab and 1.3:0.7:1 in Kerala.

2] Increasing fertilizer subsidy

  • Fertilizer subsidy has doubled in a short period of three years. For 2021-22, the Union Budget has estimated fertilizer subsidy at ₹79,530 crores (from ₹66,468 crores in 2017-18).
  • The subsidy is likely to reach a much higher level due to the recent upsurge in the prices of energy, the international prices of urea and other fertilizers, and India’s dependence on imports.
  • In order to minimize the impact of rising in prices on farmers, the bulk of the price rise is absorbed by the government through enhanced fertilizer subsidy.
  • This is likely to create serious fiscal challenges.
  • At current prices, farmers pay about ₹268 per bag of urea and the Government of India pays an average subsidy of about ₹930 per bag.
  • Thus, taxpayers bear 78% of the cost of urea and farmers pay only 22%. This is expected to increase and is not sustainable.

3] Import dependence

  • Total demand for urea: The total demand for urea in the country is about 34-35 million tonnes (mln t) whereas the domestic production is about 25 mln t.
  • The requirement of Diammonium Phosphate (DAP) is about 12 mln t and domestic production is just 5 mln t.
  • This leaves the gap of nearly 9-10 mln t for urea and 7 mln t for DAP, which is met through imports.
  • The use of Muriate of Potash is about 3 mln t.
  • This is entirely imported.
  • The international prices of fertilizers are volatile and almost directly proportional to energy prices.

Need to shift our focus to Bio-fertilizers

  • Bio-fertilizers are cheap, renewable, and eco-friendly, with great potential to supplement plant nutrients if applied properly. However, they are not a substitute for chemical fertilizers.
  • They improve the health of the soil. Since it provides nutrients to the soil in a small and steady manner, its immediate effects are not very visible.
  • Sales of biofertilizers in the country have not picked up because of a lack of knowledge and its slow impact on the productivity of the soil.
  • The use of biofertilizers is necessary to maintain soil health as more and more use of chemical fertilizers kills all the microorganisms available in the soil, which are so essential for maintaining soil health.
  • Supplementary use of biofertilizers with chemical fertilizers can help maintain soil fertility over a long period.
  • The overall strategy for increasing crop yields and sustaining them at a high level must include an integrated approach to the management of soil nutrients, along with other complementary measures.

Way forward

  • Self-reliance: we need to be self-reliant and not depend on the import of fertilizers.
  • In this way, we can escape the vagaries of high volatility in international prices.
  • In this direction, five urea plants at Gorakhpur, Sindri, Barauni, Talcher, and Ramagundam are being revived in the public sector.
  • Extend NBS model to urea: The government introduced the Nutrient Based Subsidy (NBS) in 2010 to address the growing imbalance in fertilizer use.
  • However, only non-nitrogenous fertilizers (P and K) moved to NBS; urea was left out.
  • We need to extend the NBS model to urea and allow for price rationalization of urea compared to non-nitrogenous fertilizers and prices of crops.
  • Develop alternative sources of nutrition for plants: Discussions with farmers and consumers reveal a strong desire to shift towards the use of non-chemical fertilizers as well as a demand for bringing parity in prices and subsidy given to chemical fertilizers with organic and biofertilizers.
  • This also provides the scope to use large biomass of crop that goes waste and enhance the value of livestock by-products.
  • We need to scale up and improve innovations to develop alternative fertilizers.
  • Improve fertilizer efficiency:  India should pay attention to improving fertilizer efficiency through need-based use rather than broadcasting fertilizer in the field.
  • The recently developed Nano urea by IFFCO shows promising results in reducing the usage of urea.

Consider the question “What are the challenges facing the fertiliser sector in India? How subsidies lead to distortion in the use of various types of fertilisers.”

Conclusion

These changes will go a long way in enhancing the productivity of agriculture, mitigating climate change, providing an alternative to chemical fertilizers and balancing the fiscal impact of fertilizer subsidy on the Union Budgets in the years to come.


Back2Basics: Nutrient Based Subsidy

  • Under the NBS regime – fertilizers are provided to the farmers at subsidized rates based on the nutrients (N, P, K & S) contained in these fertilizers.
  • Also, the fertilizers which are fortified with secondary and micronutrients such as molybdenum (Mo) and zinc are given additional subsidy.
  • The subsidy on Phosphatic and Potassic (P&K) fertilizers is announced by the Government on an annual basis for each nutrient on a per kg basis – which are determined taking into account the international and domestic prices of P&K fertilizers, exchange rate, inventory level in the country etc.
  • NBS policy intends to increase the consumption of P&K fertilizers so that optimum balance (N:P:K= 4:2:1) of NPK fertilization is achieved.

[pib] Nutrient Based Subsidy (NBS) for Phosphatic & Potassic (P&K) Fertilizers

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Banking Sector Reforms

Co-op Societies are not banks, RBI cautions

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Cooperative Banks

Mains level: Cooperatives banking and its regulation

The Reserve Bank of India (RBI) has cautioned members of the public not to deal with cooperative societies undertaking banking business by adding ‘bank’ to their names.

What is the news?

  • It has also come to the notice of RBI that some co-operative societies are accepting deposits from non-members/nominal members/ associate members.
  • This is tantamount to conducting banking business in violation of the provisions.

Who can use ‘Bank’ title?

  • The Banking Regulation Act, 1949 was amended by the Banking Regulation (Amendment) Act, 2020, which came into force on September 29, 2020.
  • Accordingly, co-operative societies cannot use the words “bank”, “banker” or “banking” as part of their names, except as permitted under the provisions of BR Act, 1949 or by the RBI.

What is Cooperative Banking?

  • Cooperatives are people-centred enterprises owned, controlled and run by and for their members to realise their common economic, social, and cultural needs and aspirations.
  • Cooperative bank is an institution established on the cooperative basis and dealing in ordinary banking business.
  • Like other banks, the cooperative banks are founded by collecting funds through shares, accept deposits and grant loans.
  • They are regulated by the Reserve Bank of India (RBI) and governed by the
  1. Banking Regulations Act 1949
  2. Banking Laws (Co-operative Societies) Act, 1955

Features of Cooperative Banks

  • Cooperative banks are generally concerned with the rural credit and provide financial assistance for agricultural and rural activities.
  • Such banking in India is federal in structure. Primary credit societies are at the lowest rung.
  • Then, there are central cooperative banks at the district level and state cooperative banks at the state level.
  • Cooperative credit societies are mostly located in villages spread over the entire country.

History of Cooperative Banking in India:

  • The cooperative movement in India was started primarily for dealing with the problem of rural credit.
  • The history of Indian cooperative banking started with the passing of Cooperative Societies Act in 1904.
  • The objective of this Act was to establish cooperative credit societies “to encourage thrift, self-help and cooperation among agriculturists, artisans and persons of limited means.”
  • Many cooperative credit societies were set up under this Act.
  • The Cooperative Societies Act, 1912 recognised the need for establishing new organisations for supervision, auditing and supply of cooperative credit.

Structure of Cooperative Banking

  • The whole structure of cooperative credit institutions is shown in the chart given.
  • There are different types of cooperative credit institutions working in India.
  • These institutions can be classified into two broad categories- agricultural and non-agricultural.
  • Agricultural credit institutions dominate the entire cooperative credit structure.

Various facets of cooperatives in India

  • Cooperatives in India have grown exponentially.
  • In the banking sector, according to the RBI, their contribution to rural credit increased from 3.1 percent in 1951 to an impressive 27.3 percent in 2002.

Importance of Cooperative Banks:

  • The cooperative banking system has to play a critical role in promoting rural finance and is especially suited to Indian conditions.
  • Various advantages of cooperative credit institutions are given below:

(1) Alternative Credit Source:  The main objective of the cooperative credit movement is to provide an effective alternative to the traditional defective credit system of the village moneylender.

(2) Cheap Rural Credit: Cooperative credit system has cheapened the rural credit by charging comparatively low-interest rates, and has broken the money lender’s monopoly.

(3) Productive Borrowing:  The cultivators used to borrow for consumption and other unproductive purposes. But, now, they mostly borrow for productive purposes.

(4) Encouragement to Saving and Investment: Instead of hoarding money the rural people tend to deposit their savings in cooperative or other banking institutions.

(5) Improvement in Farming Methods: Cooperative credit is available for purchasing improved seeds, chemical fertilizers, modern implements, etc.

(6) Financial Inclusion: They have played a significant role in the financial inclusion of unbanked rural masses. They provide cheap credit to the masses in rural areas.

 

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Minimum Support Prices for Agricultural Produce

Farm distress and the demand for guaranteed MSP

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MSP system

Mains level: Issues with MSP

Despite the announcement to repeal the three farm laws, farmers have decided to continue protesting for a legal mandate for Minimum Support Prices (MSP).

What is the Minimum Support Price (MSP) system?

  • MSP is a form of market intervention by the Govt. of India to insure agricultural producers against any sharp fall in farm prices.
  • MSP is price fixed by GoI to protect the producer – farmers – against excessive falls in price during bumper production years.

Who announces it?

  • The govt. announces MSPs for 22 mandated crops and fair and remunerative prices (FRP) for sugarcane.
  • MSP is announced at the beginning of the sowing season for certain crops on recommendations by Commission for Agricultural Costs and Prices (CACP).
  • It is announced by Cabinet Committee on Economic Affairs (CCEA) chaired by the PM of India.

Why MSP?

  • The major objectives are to support the farmers from distress sales and to procure food grains for public distribution.
  • They are a guaranteed price for their produce from the Government.
  • In case the market price for the commodity falls below the announced MSP due to bumper production and glut in the market, government agencies purchase the entire quantity offered by the farmers at the announced MSP.

Need for Guaranteed MSPs

  • No legal protection: While the government does announce MSPs every year, it is not required to do so by law. The compulsion to procure on MSP is political, not legal.
  • Discretion of procurement: But if there were to be a law backing the MSP regime, the government would lose its existing discretion in choosing not to procure.
  • Compulsion: A legal mandate for MSP would force the government to purchase all the products that any farmer wants to sell at the declared MSP.
  • State-wide procurement: It would also have to procure from all states, and all crops for which MSPs are announced.

Failures of MSPs

  • A legally mandated MSP regime is likely to be neither feasible nor sustainable in the long run since Demand-side constrains are never accounted while procuring.
  • Already grain stocks lying with the government are more than twice its buffer requirement, and sometimes end up rotting.
  • At a fundamental level, the problem is there are just too many people involved in Indian agriculture for it to be truly remunerative.
  • To a great extent, the solution to the economic distress of Indian farmers lies outside agriculture — in boosting India’s industrial and services sectors.

Possible way forward

  • It seems logical that instead of bypassing the market by using MSPs, the government should make efforts to enable farmers to participate in the market.
  • The way forward is to ramp up investment in the agriculture sector.
  • This means better irrigation facilities, easier access to credit, timely access to power, and ramping up warehouse capacity and extension services, including post-harvest marketing.
  • The approach has to be to raise the farmers’ bargaining ability and choices before them.

 

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Special Category Status and States

Andhra Pradesh government repealed laws on 3 capitals

Note4Students

From UPSC perspective, the following things are important :

Prelims level: States with multiple administrative capitals

Mains level: Need for more capital cities

The Andhra Pradesh Assembly unanimously passed a Bill to repeal two laws that were cleared last year to set up three different state capitals.

Three Capitals Act

  • The law was titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
  • The incumbent govt had decided to reverse the previous government’s decision to have an ambitious world-class capital city at Amaravati, which is located between Vijayawada and Guntur.
  • Thus, it was decided that Amaravati was to be the Legislative capital, Visakhapatnam the Executive capital, and Kurnool the Judicial capital.

Why was it repealed?

  • Over a hundred petitions challenging the government’s move have been filed before the Andhra Pradesh High Court.
  • Farmers of Amaravati, who let the government acquire their lands, wanted them to stick to the previous plan and build a world-class capital city in the same location.

Will Andhra Pradesh have only one capital now?

  • It is not clear if the government will stick to Amaravati as the sole capital.
  • Throughout his address, the CM stressed the need for decentralization for the equitable development of all regions.

What are the other examples of multiple capital cities?

  • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which hold the winter session of the state assembly).
  • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
  • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

Must read

Three capitals for Andhra Pradesh — its logic and the questions it raises

 

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International Space Agencies – Missions and Discoveries

Matosinhos Manifesto for accelerated use of space in Europe

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Matosinhos Manifesto

Mains level: Not Much

The European Space Agency (ESA) has approved a Matosinhos Manifesto to accelerate the use of space in Europe.

Matosinhos Manifesto

  • At the Intermediate Ministerial Meeting that was held in Matosinhos, Portugal.
  • The Council of Ministers unanimously adopted this resolution that lays down a vision for the continent in terms of maintaining and expanding its activities in space.
  • The large-scale nature and fast pace of the climate crisis and other challenges means that no European nation will be able to effectively address them alone.

The manifesto defines three “accelerators” to further advance Europe’s space ambitions:

  1. The first of these accelerators is for the ESA to start working towards the “Space for a Green Future”
  2. The second accelerator is called “Rapid and Resilient Crisis Response” to support governments to act decisively on crises facing Europe, from flooding and storms to wildfires
  3. The third accelerator mentioned in the resolution is “Protection of Space Assets”, whose objective is to safeguard ESA astronauts and assets from interference by space debris and space weather

A brief history of the ESA

  • The ESA is an intergovernmental organization that was formed in 1975 with the aim of developing Europe’s space capabilities.
  • The organization has 22 member states — Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland and the UK.
  • Slovenia, Latvia and Lithuania are Associate Members.

 

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Global State of Democracy Report, 2021

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Global State of Democracy Report, 2021

Mains level: Decline of Democracy

The number of countries moving towards authoritarianism in 2020 was higher than that of countries going in the other direction, towards democracy, a/c to the Global State of Democracy (GSD) Report, 2021.

Note: The Global Democracy Index is released by the Economic Intelligence Unit (EIU). One may get confused over this two.

About GSD Report

  • The GSD report is released by the International Institute for Democracy and Electoral Assistance (International-IDEA).
  • The International-IDEA, is an inter-governmental organization supporting democracy, is chaired by Australia and includes India as a member-state.
  • The report aims to influence the global debate and analyses current trends and challenges to democracy, exacerbated by the Covid-19 pandemic.
  • It offers specific policy recommendations to spark new and innovative thinking for policymakers, governments and civil society organizations supporting democracy.

GSD framework

Highlights of the report

  • The US and three members of the European Union (EU) [Hungary, Poland and Slovenia] have also seen concerning democratic declines.
  • The pandemic has prolonged this existing negative trend into a five-year stretch, the longest such period since the start of the third wave of democratization in the 1970s.
  • Democratically elected Governments, including established democracies, are increasingly adopting authoritarian tactics.
  • This democratic backsliding has often enjoyed significant popular support.

India’s performance

  • The report highlighted the case of Brazil and India as “some of the most worrying examples of backsliding.
  • India is the backsliding democracy with the most democratic violations during the pandemic.
  • Violations include- Harassment, arrests and prosecution of human rights defenders, activists, journalists, students, academics and others critical of the government or its policies; internet obstructions etc.

Resilient democracies

  • The report pointed out that many democracies had proved to be resilient to the pandemic.
  • Despite pandemic restrictions on campaigning and media, the electoral component of democracy has shown remarkable resilience.
  • Countries around the world learned to hold elections in exceedingly difficult conditions and they rapidly activated special voting arrangements to allow citizens to continue exercising their democratic rights.

Democracy is good. I say this because other systems are worse.

–  Jawaharlal Nehru

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Modern Indian History-Events and Personalities

Who was Rani Gaidinliu?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Rani Gaidinliu

Mains level: Not Much

Union Home Minister has laid the foundation for ‘Rani Gaidinliu Tribal Freedom Fighters Museum’ in Imphal, Manipur.

Rani Gaidinliu

  • Gaidinliu (26 January 1915 – 17 February 1993) was a Naga spiritual and political leader who led a revolt against British rule in India.
  • At the age of 13, she joined the Heraka religious movement of her cousin Haipou Jadonang.
  • The movement later turned into a political movement seeking to drive out the British from Manipur and the surrounding Naga areas.
  • Within the Heraka faith, she came to be considered an incarnation of the Goddess Cherachamdinliu.

Meeting with Pt. Nehru

  • Gaidinliu was arrested in 1932 at the age of 16, and was sentenced to life imprisonment by the British rulers.
  • Jawaharlal Nehru met her at Shillong Jail in 1937 and promised to pursue her release.
  • Nehru gave her the title of “Rani” (“Queen”), and she gained local popularity as Rani Gaidinliu.

Her legacy

  • She was released in 1947 after India’s independence and continued to work for the upliftment of her people.
  • An advocate of the ancestral Naga religious practices, she staunchly resisted the conversion of Nagas to Christianity.
  • She was honored as a freedom fighter and was awarded a Padma Bhushan by the Government of India.

 

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Insolvency and Bankruptcy Code

Tackling the problem of bad loans

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NARCL

Mains level: Paper 3- NARCL-challenges and opportunities

Context

The newly-created National Asset Reconstruction Company (NARCL) in the public sector offers hopes for the faster clean up of lenders’ balance sheets.

Features of National Asset Reconstruction Company (NARCL)

  • The newly-minted ARC, NARCL is not a bank, but a specialised financial institution to help resolve the distressed assets of banks.
  • Faster aggregation: Its greatest virtue lies in the faster aggregation of distressed assets that lie scattered across several lenders.
  •  Soverign assurance: Its securitised receipts (SRs) carry sovereign assurance.
  • This is of particular comfort to PSU banks as price discovery would not be subject to later investigations.
  • Focus on large accounts: It would initially focus on large accounts with debts over Rs 500 crore.
  • IDRCL: All eyes will be focused on IDRCL (Indian Debt Resolution Company), the operating arm, which would be in the private sector.

Past policy measures to resolve the bad debts

  • Institutional measures include BIFR (Board for Industrial and Financial Reconstruction, 1987), Lokadalat, DRT (Debt Recovery Tribunal, 1993), CDR (Corporate Debt Restructure, 2001), SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement, 2002), ARC (Asset Recovery Company, 2002).
  • The RBI has also launched a slew of measures during 2013-14 to resolve, reconstruct and restructure stressed assets.

Why the measures to resolve the bad debt failed?

  • Of the 28 ARCs (private sector) in operation, many are bit players.
  • Dominance of few ARC: The top five ARCs account for over 70 per cent of the asset under management (AUM) and nearly 65 per cent of the capital.
  • Restructuring as an exception: Financial and business restructuring appears to be more an exception than the norm.
  • Nearly one-third of debts are rescheduled.
  • This is not much value addition to what lenders would have otherwise done at no additional cost.
  • Success and shortcomings of IBC: The IBC, introduced in 2016, was landmark legislation and marked a welcome departure from the earlier measures, with a legally time-bound resolution.
  • The focus is on resolution rather than recovery.
  •  It nearly put an end to evergreening.
  • Even though there are delays under this newfound promise, they are counted in terms of days and not years and decades.
  • The NCLT (National Company Law Tribunal)  is the backbone of the IBC, but lamentably is starved of infrastructure and over 50 per cent (34 out of 63) of NCLT benches were bereft of regular judges.
  •  Even the parliamentary committee has expressed indignation on a large number of positions left vacant.
  • This lack of adequate infrastructure, coupled with the poor quality of its decisions, has proved to be the IBC’s Achilles’ heel.
  • We need judicial reforms for early and final resolutions.
  • Issue of delayed recognition and resolution: Forty-seven per cent of the cases referred to the IBC, representing over 1,349 cases, have been ordered for liquidation.
  • Against the aggregate claims of the creditors of about Rs 6.9 lakh crore, the liquidation value was estimated at a paltry Rs 0.49 lakh crore.

Suggestions to make IBC more effective

  • Delayed recognition and resolution: Lenders and regulators need to address the issue of delayed recognition and resolution.
  • Business stress and/or financial stress needs to be recognised even prior to regulatory norms on NPA classification.
  • Dealing with anchoring bias: The tendency to make decisions on the basis of first available information is called “anchoring bias”.
  •  The first available information in bidding for distressed assets is the cost of acquisition to ARCs.
  • Potential bidders would quote prices nearer to this anchor.
  • Nobel Laureate Daniel Kahneman has suggests a three-step process to mitigate anchor bias: One, acknowledge the bias; two, seek more and new sources of information, and three, drop your anchor on the basis of new information.

Way forward for NARC

  • Forbid wilful defaulters from taking back distressed asset: The IBC has made considerable progress in bringing about behavioural change in errant and wilful defaulters by forbidding them to take back distressed assets.
  • Otherwise, the credit culture suffers.
  • The NARC should uphold this principle, not dilute it
  • Introduce Sunset clause: It should have a sunset clause of three to five years.
  • This will avoid the perpetuation of moral hazard and also encourage expeditious resolution.
  • Deal with anchor bias: Anchor bias needs to be mitigated by better extrinsic value discovery.
  • Avoid selling to other ARCs: It should avoid selling to other ARCs.

Conclusion

The RBI has recently released (November 2) a report on the working of ARCs and makes 42 recommendations to improve the performance of ARCs. This article incidentally makes an effort to identify some constraints and offer solutions to improve the performance of ARCs.

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Foreign Policy Watch: India-China

China’s missile tests could have Sputnik-like effect

Note4Students

From UPSC perspective, the following things are important :

Prelims level: HGV missile

Mains level: Paper 2- HGV test by China and its implications

Context

On October 27 Chairman of the Joint Chiefs of Staff of the US, reacted to China testing its nuclear-capable hypersonic weapons system by drawing an analogy with a Sputnik moment.

How US’s Ballistic Missile Defence led to the recent Sputnik moment

  •  Since the US withdrawal from the Anti-Ballistic Missile (ABM) treaty in 2002, both Russia and China have been wary of Washington’s Ballistic Missile Defence (BMD) programme.
  • It undermines strategic stability: Missile defence is inherently destabilising — it undermines “strategic stability”.
  • A robust BMD would compromise the second strike capability of the adversary by neutralising the surviving incoming missiles in case of a near-decapitating first strike
  • Both Russia and China thus view the US BMD as undermining their deterrence and have sought ways to restore their retaliatory strike capability by investing in new technologies such as Hypersonic Glide Vehicles (HGVs).
  • HGVs can escape the missile defence systems.
  • HGVs fly at lower altitudes than ballistic missiles, which means they could potentially escape early warning systems, aided by the earth’s curvature.

Implications of Chinese test

  • It can set off competition: The Chinese tests have the potential to set off an aggressive competition among the nuclear powers to modernise their nuclear arsenals and add new, potentially destabilising capabilities to their arsenal.
  • Global and regional arms race: In the present era of minimal arms control measures, the Chinese hypersonic missile system test will trigger an intense arms race both at the global and regional levels.
  • With the Chinese test, the US may be forced to expand its hypersonic programme and further modernise its missile defence systems.

What should be the course of action for India

  • China’s nuclear-tipped hypersonic weapon systems, though not particularly India-focused, could nudge New Delhi to adopt two courses of action.
  • Missile program: First, accelerate its hypersonic missiles programme.
  • Develop missile defence system: Second, consider erecting an equally robust missile defence.
  • Chinese advancement in stealth technologies will drive New Delhi to seek similar capabilities but also develop effective countermeasures.
  • This can then set off a regional arms race, a sign that is not particularly encouraging for regional peace.

Consider the question “Examine the implications of recent hypersonic missile test by China for the region and global arms race control efforts? What should be the course of action for India? “

Conclusion

China’s hypersonic missile test may not have come with a Sputnik-like surprise, but it has the potential to set off a post-Sputnik-like arms race that does not augur well for the strategic stability both at the global and regional level.

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Back2Basics: Hypersonic Glide Vehicles (HGVs)

  • A hypersonic missile is a vehicle that achieves a speed five times faster than the speed of sound, crossing Mach 5.
  • These missiles travel at a speed of around 6,115 km per hour, with a combination of technology and manoeuvrability of ballistic missiles and cruise missiles.

Fractional Orbital Bombardment System (FOBS)

  • A Fractional Orbital Bombardment System is a warhead delivery system that uses a low earth orbit towards its target destination.
  • Just before reaching the target, it deorbits through a retrograde engine burn.

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Judicial Reforms

Why are Judicial Transfers riddled by controversies?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 222

Mains level: Issues with Judicial Transfer

The transfer of Chief Justice Sanjib Banerjee from the Madras High Court to the Meghalaya High Court has given rise to a controversy over the question of whether judicial transfers are made only for administrative reasons or have any element of ‘punishment’ behind them.

Transfer of judges and the Constitution

  • Article 222 of the Constitution provides for the transfer of High Court judges, including the Chief Justice.
  • It says the President, after consultation with the Chief Justice of India, may transfer a judge from one High Court to any other High Court.
  • It also provides for a compensatory allowance to the transferred judge.
  • This means that the executive could transfer a judge, but only after consulting the Chief Justice of India.
  • From time to time, there have been proposals that one-third of the composition of every High Court should have judges from other States.

What is the Supreme Court’s view on the issue?

Union of India vs. Sankalchand Himatlal Sheth (1977)

  • The Supreme Court rejected the idea that High Court judges can be transferred only with their consent.
  • It reasoned that the transfer of power can be exercised only in public interest.
  • It held that the President is under an obligation to consult the CJI, which meant that all relevant facts must be placed before the CJI.
  • It ruled CJI had the right and duty to elicit and ascertain further facts from the judge concerned or others.

S.P. Gupta vs. President of India, 1981 (First Judges Case)

  • It considered the validity of the transfer Judges as well as a circular from the Law Ministry.
  • The Ministry had put that additional judge in all High Courts may be asked for their consent to be appointed as permanent judges in any other High Court, and to name three preferences.
  • The Minister’s reasoning was that such transfers would promote national integration and help avoid parochial tendencies bred by caste, kinship and other local links and affiliations.
  • The majority ruled that consultation with the CJI did not mean ‘concurrence’ with respect to appointments.

SCARA Vs Union of India, 1993 (Second Judges Case)  

  • In effect, it emphasized the primacy of the executive in the matter of appointments and transfers.
  • However, this position was overruled in the ‘Second Judges Case’ (1993).
  • The opinion of the CJI, formed after taking into account the views of senior-most judges, was to have primacy.
  • Since then, appointments are being made by the Collegium.

Current procedure for transfers

  • As one of the points made by the ‘Second Judges Case’ was that the opinion of the CJI ought to mean the views of a plurality of judges, the concept of a ‘Collegium of Judges’ came into being.
  • In the collegium era, the proposal for transferring a High Court judge, including a Chief Justice, should be initiated by the Chief Justice of India, “whose opinion in this regard is determinative”.
  • The consent of the judge is not required.
  • All transfers are to be made in public interest, i.e. for promoting better administration of justice throughout the country.
  • For transferring a judge other than the Chief Justice, the CJI should take the views of the CJ of the court concerned, as well as the CJ of the court to which the transfer is taking place.
  • The CJI should also take into account the views of one or more Supreme Court judges who are in a position to offer their views.
  • In the case of transfer of a Chief Justice, only the views of one or more knowledgeable Supreme Court judges need to be taken into account.

Provision for Written Recommendation

  • The views should all be expressed in writing, and they should be considered by the CJI and four senior-most judges of the Supreme Court, which means, the full Collegium of five.
  • The recommendation is sent to the Union Law Minister who should submit the relevant papers to the Prime Minister.
  • The PM then advises the President on approving the transfer.

What makes transfers controversial?

  • Punitive intent: Transfer orders become controversial when the Bar or sections of the public feel that there is a punitive element behind the decision to move a judge from one High Court to another.
  • No disclosure of reasons: As a matter of practice, the Supreme Court and the government do not disclose the reason for a transfer.
  • Adverse opinions behind: For, if the reason is because of some adverse opinion on a judge’s functioning, disclosure would impinge on the judge’s performance and independence in the court to which he is transferred.

 

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Parliament – Sessions, Procedures, Motions, Committees etc

Process for Repealing a Law

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Repealing of a law

Mains level: Farmers protests and related issues

PM after repealing the farm laws has said that the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.

Repealing a Law

  • Repealing a law is one of the ways to nullify a law.
  • A law is reversed when Parliament thinks there is no longer a need for the law to exist.
  • Legislation can also have a “sunset” clause, a particular date after which they cease to exist.
  • For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
  • For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

(Sunset Clause: A law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law.)

How can the government repeal a law?

  • Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state.
  • Parliament draws its power to repeal a law from the same provision.
  • A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

What is the process for repealing a law?

  • Laws can be repealed in two ways — either through an ordinance, or through legislation.
  • In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months.
  • If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
  • The government can also bring legislation to repeal the farm laws.
  • It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect.

Legislations required

  • All three farm laws can be repealed through a single legislation.
  • Usually, Bills titled Repealing and Amendment are introduced for this purpose.

 

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

HomoSEP: Robot for cleaning Septic Tanks

Note4Students

From UPSC perspective, the following things are important :

Prelims level: HomoSEP

Mains level: Manual scavenging in India

IIT Madras has developed a robot that can, if deployed extensively, put an end to this practice of sending people into septic tanks.

HomoSEP

  • HomoSEP stands for “homogenizer of septic tanks”.
  • It has a shaft attached to blades that can open like an inverted umbrella when introduced into a septic tank.
  • This is helpful as the openings of the septic tanks are small and the tank interiors are bigger.
  • The sludge inside a septic tank contains faecal matter that has thickened like hard clay and settled at the bottom.
  • This needs to be shredded and homogenized so that it can be sucked out and the septic tank cleaned. The whirring blades of the robot achieve precisely this.

Manual scavenging deaths in India

  • A statement by the Social Justice and Empowerment Ministry conveyed that in the five years till December 31, 2020, there have been 340 deaths due to manual scavenging.
  • Uttar Pradesh (52), Tamil Nadu (43) and Delhi (36) leads in the list. Maharashtra had 34 and Gujarat and Haryana had 31 each.
  • This is despite bans and prohibitory orders.

Various policy initiatives

  • Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.
  • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Superseding the 1993 Act, the 2013 Act goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits.
  • Rashtriya Garima Abhiyan: It started national wide march “Maila Mukti Yatra” for total eradication of manual scavenging from 30th November 2012 from Bhopal.
  • Prevention of Atrocities Act: In 1989, the Prevention of Atrocities Act became an integrated guard for sanitation workers since majority of the manual scavengers belonged to the Scheduled Caste.
  • Judicial intervention: In 2014, a Supreme Court order made it mandatory for the government to identify all those who died in sewage work since 1993 and provide Rs. 10 lakh each as compensation to their families.

 

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Health Care Equity in Urban India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Healthcare scenario in urban areas

The report on ‘Health Care Equity in Urban India’ exploring health vulnerabilities and inequalities in cities in India was recently released.

About the report

  • The report is released recently by Azim Premji University in collaboration with 17 regional NGOs across India.
  • It notes that a third of India’s people now live in urban areas, with this segment seeing rapid growth from about 18% (1960) to 28.53% (2001) to 34% (in 2019).
  • The study draws insights from data collected through detailed interactions with civil society organizations in major cities and towns.
  • This also included an analysis of the National Family and Health Surveys (NHFS), the Census of India, and inputs from State-level health officials on the provision of health care.
  • It also looks at the availability, accessibility, and cost of healthcare facilities, and possibilities in future-proofing services in the next decade.

Key highlights of the report

  • Urban poverty on rise: Close to 30% of people living in urban areas are poor.
  • Declining life expectancy: Life expectancy among the poorest is lower by 9.1 years and 6.2 years among men and women, respectively, compared to the richest in urban areas.
  • Chaotic health governance: The report, besides finding disproportionate disease burden on the poor, also pointed to a chaotic urban health governance.
  • Multiplicity and non-coordination: The multiplicity of healthcare providers both within and outside the government without coordination challenges to urban health governance.
  • Lack of political attention: Urban healthcare has received relatively less research and policy attention.

Major recommendations

The report calls for:

  • Strengthening community participation and governance
  • Building a comprehensive and dynamic database on the health and nutrition status, including co-morbidities of the diverse, vulnerable populations
  • Strengthening healthcare provisioning through the National Urban Health Mission, especially for primary healthcare services
  • Putting in place policy measures to reduce the financial burden of the poor
  • A better mechanism for coordinated public healthcare services and better governed private healthcare institutions

Conclusion

  • As urbanization is happening rapidly, the number of the urban poor is only expected to increase.
  • A well-functioning, better coordinated, and governed health care system is crucial at this point.
  • The pandemic has brought to attention the need for a robust and resourced healthcare system.
  • Addressing this will benefit the most vulnerable and offer critical services to city dwellers across income groups.

 

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