Note4Students
From UPSC perspective, the following things are important :
Prelims level: Entry 56 of the Union List
Mains level: Paper 2- Challenges to water governance
The article highlights the issue of challenges facing the water governance in India, how need for more coordination between the Centre and the States.
Objectives of the two bills
- Interstate River Water Disputes Amendment Bill 2019 and the Dam Safety Bill 2019 were passed by Lok Sabha and awaits Rajya Sabha nod.
- The Interstate River Water Disputes Amendment Bill 2019 seeks to improve the inter-state water disputes resolution by setting up a permanent tribunal.
- The Dam Safety Bill 2019 aims to deal with the risks of India’s ageing dams, with the help of a comprehensive federal institutional framework comprising.
- The other pending bills also propose corresponding institutional structures and processes.
Challenges to the federal water governance
- The agenda of future federal water governance is not limited to the above cited issues.
- These include emerging concerns of long-term national water security and sustainability, the risks of climate change, and the growing environmental challenges, including river pollution.
- These challenges need systematic federal response where the Centre and the states need to work in a partnership mode.
- Greater Centre-states coordination is also crucial for pursuing the current national projects — whether Ganga river rejuvenation or inland navigation or inter-basin transfers.
Challenges to water governance
- Water governance is perceived and practiced as the states’ exclusive domain, even though their powers are subject to those of the Union under the Entry 56 about inter-state river water governance.
- The River Boards Act 1956 legislated under the Entry 56 has been in disuse.
- No river board was ever created under the law.
- The Centre’s role is largely limited to resolving inter-state river water disputes by setting up tribunals for their adjudication.
- Combined with the states’ dominant executive power, these conditions create challenges for federal water governance.
- This state of affairs puts the proposed bills at a disadvantage.
Bridging the water governance gap
- Each bill proposes their own institutional mechanisms and processes leaning on closer Centre-state coordination and deliberation.
- The disputes resolution committee and dam safety authority rely on active Centre-states participation.
- Segmented and fragmented mechanisms bear the risks of the federal water governance gap.
Way forward
- The massive central assistance (Rs 3.6 lakh crore- Centre and states together) through Jal Jeevan Mission (JJM), is an opportunity to open a dialogue with the states to address this governance gap.
- Globally, federated systems with comparable organisation of powers have used similar investments to usher key water sector reforms.
- The symbiotic phase of implementing JJM can be productively used to engage in a dialogue with the states about the larger water resources management agenda, beyond the mission’s goals.
- The Centre can work with the states in building a credible institutional architecture for gathering data and producing knowledge about water resources.
Consider the question “Water governance in the country requires greater Centre-State coordination to deal with the current issues as well as future challenges. In light of this, examine the challenges and suggest the strategies to deal with it.”
Conclusion
Bridging the governance gap between the Centre and State and creation of institutional framework is at the heart of addressing the future challenges to the federal water governance in the country.
Back2Basics: River Board Act 1956
- The act to provide for the establishment of River Boards for the regulation and development of inter-state rivers and river valleys.
- It empowers the Central Government, on a request received in this behalf from a State Government to establish a River Board for advising the Governments on regulation or development of an inter-State river or river valley or any specified part thereof.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mahajan Commission
Mains level: Federal issues in India
A Maharashtra leader has sparked a controversy, when he called the incorporation of Belgaum (Belagavi), Karwar and Nipani areas of Karnataka into Maharashtra, as a dream of the ruling party.
Try answering this
Q.The linguistic re-organization of India in the post-Independence period has prevented its balkanization, unlike our neighbourhood. Comment.
Maha-K’taka boundary dispute
- The erstwhile Bombay Presidency, a multilingual province, included the present-day Karnataka districts of Vijayapura, Belagavi, Dharwad and Uttara-Kannada.
- In 1948, the Belgaum municipality requested that the district, having a predominantly Marathi-speaking population, be incorporated into the proposed Maharashtra state.
- However, the States Reorganization Act of 1956, which divided states into linguistic and administrative lines, made Belgaum and 10 taluka of Bombay State a part of the then Mysore State
The Mahajan Commission
- While demarcating borders, the Reorganization of States Commission sought to include talukas with a Kannada-speaking population of more than 50 per cent in Mysore.
- Opponents of the region’s inclusion in Mysore argued, and continue to argue, that Marathi-speakers outnumbered Kannadigas who lived there in 1956.
- In September 1957, the Bombay government echoed their demand and lodged a protest with the Centre, leading to the formation of the Commission under former CJI Mehr Chand Mahajan in October 1966.
Beginning of the dispute
- The Commission recommended that 264 villages be transferred to Maharashtra (which formed in 1960) and that Belgaum and 247 villages remain with Karnataka.
- Maharashtra rejected the report, calling it biased and illogical, and demanded another review.
- Karnataka welcomed the report and has ever since continued to press for implementation, although this has not been formally done by the Centre.
A case pending in the Supreme Court
- Successive governments in Maharashtra have demanded their inclusion within the state– a claim that Karnataka contests.
- In 2004, the Maharashtra government moved the Supreme Court for a settlement of the border dispute under Article 131(b) of the Constitution.
- It demanded 814 villages from Karnataka on the basis of the theory of village being the unit of calculation, contiguity and enumerating linguistic population in each village.
- The case is pending in the apex court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Deemed forest
Mains level: Forest conservation in India
Karnataka Forest Minister has announced that the state government would soon declassify 6.64 lakh hectares of the 9.94 lakh hectares of deemed forests in the state (nearly 67%) and hand it over to Revenue authorities.
Try this PYQ:
Q. In India, in which one of the following types of forests is teak a dominant tree species?
(a) Tropical moist deciduous forest
(b) Tropical rain forest
(c) Tropical thorn scrub forest
(d) Temperate forest with grasslands
What are Deemed Forests?
- The concept of deemed forests has not been clearly defined in any law including the Forest Conservation Act of 1980.
- However, the Supreme Court in the case of T N Godavarman Thirumalpad (1996) accepted a wide definition of forests under the Act.
- It covered all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2 (1) of the Forest Conservation Act.
- The term ‘forest land’ occurring in Section 2 will not only include ‘forest’ as understood in the dictionary sense but also any areas recorded as forest in the government record irrespective of the owners said the court.
Why it is in news?
- The issue of deemed forests is a contentious one in Karnataka, with legislators across party lines often alleging that large amounts of agriculture and non-forest land are “unscientifically” classified as such.
Demands to reclassify
- A deemed forest fits “dictionary meaning” of a forest, “irrespective of ownership”.
- Amidst claims that the move hit farmers, as well as barred large tracts from mining, the state has been arguing that the classification was done without taking into account the needs of people.
Why does the government want to release these forests?
- In 2014, the then government decided to have a relook at the categorisation of forests.
- The dictionary definition of forests was applied to identify thickly wooded areas as deemed forests, a well-defined scientific, verifiable criterion was not used, resulting in a subjective classification.
- The subjective classification in turn resulted in conflicts.
- Ministers have also argued that land was randomly classified as deemed forest by officials, causing hardship to farmers in some areas.
- There is also a commercial demand for mining in some regions designated as deemed forests.
Back2Basics: Forest Classification in India
The Forest Survey of India (FSI) classifies forest cover in 4 classes.
- Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
- Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
- Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
- Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Microwave weapons
Mains level: Not Much
The Indian Army has rejected a report in the British daily newspaper which claimed that the Chinese army had used “microwave weapons” to drive Indian soldiers away from their positions in eastern Ladakh.
The use of non-lethal weapons for violence and mob control is a contested issue. Can you suggest some alternatives to it apart from the use of water cannon and teargas?
What are “Microwave Weapons”?
- Microwave weapons are supposed to be a type of direct energy weapons, which aim highly focused energy in the form of sonic, laser, or microwaves, at a target.
- It uses a focussed beam of high-frequency electromagnetic radiation to heat the water in a human target’s skin, causing pain and discomfort.
- In a microwave oven, an electron tube called a magnetron produces electromagnetic waves (microwaves) that bounce around the metal interior of the appliance, and are absorbed by the food.
- The microwaves agitate the water molecules in the food, and their vibration produces heat that cooks the food.
- Food with high water content cooks faster in a microwave often than drier foods.
Which countries have these “microwave weapons”?
- A number of countries are thought to have developed these weapons to target both humans and electronic systems.
- According to a report, China had first put on display its “microwave weapon”, called Poly WB-1, at an air show in 2014.
- The United States has also developed a prototype microwave-style weapon, which it calls the “Active Denial System”.
How dangerous are these weapons?
- Concerns have been raised on whether they can damage the eyes, or have a carcinogenic impact in the long term.
- It is not clear yet how China intends to use such a weapon, and whether it can kill or cause lasting damage to human targets.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Param Siddhi
Mains level: National Supercomputing Mission
India’s newest and fastest supercomputer, PARAM-Siddhi AI, has been ranked 63rd in the Top500 list of most powerful supercomputers in the world.
Try this MCQ:
Q.The terms Mihir, Param Siddhi and Pratyush are sometimes seen in news are actually:
a)Indigenous Submarines
b)Supercomputers
c)Missiles
d)Satellites
Param Siddhi
- It is a high-performance computing-artificial intelligence (HPC-AI) supercomputer established under National Supercomputing Mission (NSM) at C-DAC.
- It was commissioned by the C-DAC earlier and has been developed in association with chipmaker Nvidia and French IT consulting firm Atos.
- It will help deep learning, visual computing, virtual reality, accelerated computing, as well as graphics virtualization.
- The computer is expected to be used as a platform for academia, scientific research, startups and more.
Other Indian supercomputers
- PARAM-Siddhi is the second Indian supercomputer to be entered in the top 100 on the Top500 list.
- Pratyush, a supercomputer used for weather forecasting at the Indian Institute of Tropical Meteorology, ranked 78th on the November edition of the list.
- It was ranked 66th in the June rankings announced by the project.
- Another Indian supercomputer, Mihir (146th on the list), clubs with Pratyush to generate enough computing power to match PARAM-Siddhi.
Who topped the rankings?
- The Top500 project tracks the most powerful supercomputers in the world and is published twice a year.
- Japanese supercomputer Fugaku (442 petaflops) and IBM’s Summit (148.8 petaflops) are the two most powerful supercomputers in the world, according to the list.
- Chinese Sunway TaihuLight is number four on the list (93 petaflops), developed by the National Research Center of Parallel Computer Engineering & Technology (NRCPC) in China.
Back2Basics:
National Supercomputing Mission (NSM)
Petaflop
- A petaflop is a measure of a computer’s processing speed and can be expressed as A thousand trillion floating-point operations per second (FLOPS) A thousand teraflops.
- In computing, floating-point operations per second is a measure of computer performance, useful in fields of scientific computations that require floating-point calculations.
- For such cases, it is a more accurate measure than measuring instructions per second.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Green Energy Convergence Project, EESL
Mains level: Green Energy Convergence Project
The Energy Efficiency Services Limited (EESL) is set to roll out of India’s first Energy Convergence Project in Goa.
Green Energy Convergence Project
- Under the project, EESL and the Department of New and Renewable Energy (DNRE) in Goa will carry out feasibility studies and implementation of decentralized solar energy projects.
- The project aims to connect seemingly independent sectors like Solar Energy, Energy Storage and LED lights to provide solutions, which can enable in decarbonisation and affordable energy access.
- It will include the installation of 100 Megawatt decentralized ground-mounted solar power projects on government land to be used for agricultural pumping.
- It seeks to replace 6,300 agricultural pumps and distribute 16 lakh LED bulbs for rural domestic households.
Benefits of the project
- The projects will accelerate the usage of renewable energy sources, especially for agricultural and rural power consumption in the State.
- They will also contribute to the reduction of peak energy demand through the deployment of energy-efficient pumping and lighting thus contributing to overall sustainability.
About EESL
- A joint venture of NTPC Limited, Power Finance Corporation, Rural Electrification Corporation and POWERGRID, the EESL was set up under Ministry of Power to facilitate the implementation of energy efficiency projects.
- EESL is a Super Energy Service Company (ESCO) that seeks to unlock energy efficiency market in India, that can potentially result in energy savings of up to 20 per cent of current consumption.
- It also acts as the resource centre for capacity building of State DISCOMs, ERCs, SDAs, upcoming ESCOs, financial institutions, etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Paris Agreement
Mains level: Paper 3- Balancing development with climate action
India faces an uphill task of balancing its climate action with the economic growth. Bridging the energy deficit through renewable energy in cost-effective and increasing urban forestry could help in balancing the both.
Comparing India’s commitment
- China’s announcement recently to achieve carbon neutrality, that is, effectively generating net-zero emissions, before 2060 has now shifted focus on India’s commitments.
- In this context, let us compare India’s commitments with other countries, based on an independent scientific analysis carried out by the Climate Action Tracker. Major findings of it are:-
- 1) India is one of the only six countries (amongst the 33 that were assessed), and the only G-20 country, whose climate commitments at Paris are on a path compatible to limit warming well below 2°C.
- 2) It seems that India is well on its way to achieving its carbon intensity reduction and non-fossil-fuel electricity growth capacity commitments well before the 2030 target year.
- Even though China’s commitment is likely to lower warming projections by around 0.2 to 0.3 degrees C by 2100, China continues to remain in the “highly insufficient” category.
- India, despite being the fourth-largest emitter, has consistently kept its commitments in sync with its fair share and will achieve, if not over-achieve, these targets.
Difference in development and growth levels
- Development and growth in India are still at an early stage, and our first goal remains increasing the availability of adequate infrastructure for all Indians.
- A measure of this deficit is that we use only about 0.6 tonnes of oil-equivalent worth of energy per person per year while in China it is 2.36 tonnes per person per year, and is at least 4 tonnes per person per year in the OECD countries.
- It is, therefore, essential that we rapidly bridge the energy deficit.
Bridging the energy deficit through renewable and cost-effective manner
- Cost-effectiveness in renewable electricity has occurred rather rapidly, largely as a result of the global reduction in solar PV and battery prices.
- Solar electricity is already the cheapest electricity available in India when the sun is shining.
- It now seems that round-the-clock renewable electricity may be cost-competitive with coal electricity in the near future.
- This cost-effectiveness of zero-carbon options will emerge in other applications as well.
- It will involve dedicated action in some of the vital sectors which can generate and sustain employment while adding to the country’s economic growth.
- It will enable a shift away from emissions-intensive fossil fuels, reducing our dependence on fuel imports.
Urban forestry to compensate for environmental degradation
- Increasing urban forestry could help compensate for environmental degradation as a result of rapid urbanisation in several Indian cities.
- This is vital to restore the flow of crucial ecosystem services, including air quality, and increase the resilience of cities to extreme climatic events.
- As a result, enhancing biodiversity, minimising human-wildlife conflict and restoring India’s pristine forests by developing dedicated wildlife/biodiversity corridors is an essential next step.
Way ahead
- At the developmental crossroads that India stands, the next decade is vital for its own economic growth, its climate action, and its social and ecological well-being.
- With this in mind, India must focus on its domestic developmental prerogative and disengage them from the pressures that come along with international negotiations, focussing on actions that reduce the development deficits, which also provide strong climate benefits.
- India must initiate a narrative, discussion and dialogue which focuses on each country taking on commitments that move their carbon trajectory towards the Paris agreement goal of limiting global warming to well below 2°C.
Consider the question “Development and growth in India still at an early stage which makes the challenge of balancing the commitment to climate action with economic developement more difficult. In light of this, suggest the strategy that India should follow.”
Conclusion
India, being at the crossroads of development needs to balance the development goals with its commitment towards climate action.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Relocation of supply chains and challenges India faces
The article deals with the challenges India faces in attracting the relocating supply chains in the wake of the pandemic.
Is China losing its appeal
- Some labour-intensive industries, such as textiles and apparels, have been moving to Bangladesh and Sri Lanka as labour costs in China are increasing.
- But trends in other industries show that businesses have mostly remained in China.
- COVID-19 crisis has resulted in firms establishing relatively small-scale operations elsewhere.
- This is perceived as a buffer against being completely dependent on China, referred to as the ‘China +1’ strategy.
3 Reason for firms to remain in China
- 1) Starting an enterprise and maintaining operations in China are much easier than elsewhere.
- 2) Chinese firms are nimble and fast, which is evident from the quick recovery of Chinese manufacturing after the lockdown.
- 3) Many global companies have spent decades building supply chains in China, getting out would mean moving the entire ecosystem.
3 Challenges facing India
- This has led to intensification of competition among Asian countries to be ‘plus one’ in the emerging manufacturing landscape.
- India faces three challenges in this race.
1) Increasing domestic public investment
- First is the task of increasing domestic public investments, which have implications for both demand and supply sides.
- In India, even before the pandemic, the growth in domestic investments had been weak,
- This seems to be the opportune time to bolster public investments as interest rates are low globally and savings are available.
- Private investments would continue to be depressed, due to the uncertainty on the future economic outlook.
2) Reforms in trade policy
- India needs a major overhaul in her trade policy world trade had been rattled by tendencies of rising economic nationalism and unilateralism leading to the return of protectionist policies.
- A revamped trade policy needs to take into account the possibility of two effects of the RCEP:
- 1) Walmart effect: It would sustain demand for basic products and help in keeping employee productivity at an optimum level, but may also reduce wages and competition due to sourcing from multiple vendors at competitive rates.
- 2) Switching effects: It would be an outcome of developed economies scouting for new sources to fulfil import demands, which requires firms to be nimble and competitive.
- Trade policy has to recognise the pitfalls of the present two-track mode, one for firms operating in the ‘free trade enclaves’ and another for the rest.
- A major fallout of this ‘policy dualism’ is the dampening of export diversification.
- The challenge is to make exporting activity more attractive for all firms in the economy.
3) Increasing women’s participation in labour force
- While India’s GDP has grown by around 6% to 7% per year women’s labour force participation rate has fallen from 42.7% in 2004–05 to 23.3% in 2017–18.
- This means that three out of four Indian women are neither working nor seeking paid work.
- Globally, India ranks among the bottom ten countries in terms of women’s workforce participation.
- When Bangladesh’s GDP grew at an average rate of 5.5% during 1991 and 2017, women’s participation in the labour force increased from 24% to 36%.
- India could gain hugely if barriers to women’s participation in the workforce are removed.
- The manufacturing sector should create labour-intensive jobs that rural and semi-urban women are qualified for.
Consider the question “Relocation of supply chains offers an opportunity for India. However, it faces several challenges in attracting these relocating supply chains. What are these challenges? Suggest measures to deal with these challenges.”
Conclusion
India’s approach to the changed scenario needs to be well-calibrated. The stage is set for a new ‘Asian Drama’. What will be India’s role in it? Well, it will not be on the basis of past accolades, for sure.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vulture Action Plan 2020-25
Mains level: Paper 3- Conservation efforts
Union Minister for Environment, Forests and Climate Change has launched a Vulture Action Plan 2020-25 for the conservation of vultures in the country.
Vulture Action Plan
- While the ministry has been carrying out a conservation project for vultures since 2006, the plan is to now extend the project to 2025 to not just halt the decline but to actively increase the vulture numbers in India.
- There are nine recorded species of vultures in India — the Oriental white-backed, long-billed, slender-billed, Himalayan, red-headed, Egyptian, bearded, cinereous and the Eurasian Griffon.
- Vulture numbers saw a steep slide — as much as 90 per cent in some species — in India since the 1990s in one of the most drastic declines in bird populations in the world.
Decline in Populations
- Between the 1990s and 2007, numbers of three presently critically-endangered species – the Oriental white-backed, long-billed and slender-billed vultures — crashed massively with 99 per cent of the species having been wiped out.
- The number of red-headed vultures, also critically-endangered now, declined by 91% while the Egyptian vultures by 80%.
- The Egyptian vulture is listed as ‘endangered’ while the Himalayan, bearded and cinereous vultures are ‘near threatened’.
Why protect vultures?
- Vultures are often overlooked and perceived as lowly scavengers, but they play a crucial role in the environments in which they live.
- The scavenging lifestyle that gives them a bad reputation is, in fact, that makes them so important for the environment, nature and society.
- Vultures, also known as nature’s cleanup crew, do the dirty work of cleaning up after death, helping to keep ecosystems healthy as they act as natural carcass recyclers.
Various threats
- The crash in vulture populations came into limelight in the mid-90s, and in 2004.
- The cause of the crash was established as diclofenac — a veterinary nonsteroidal anti-inflammatory drug (NSAID) used to treat pain and inflammatory diseases such as gout — in carcasses that vultures would feed off.
- Just 0.4-0.7 per cent of animal carcasses contaminated with diclofenac was sufficient to decimate 99 per cent of vulture populations.
Various initiatives
- The MoEFCC released the Action Plan for Vulture Conservation 2006 with the drugs controller banning the veterinary use of diclofenac in the same year and the decline of the vulture population being arrested by 2011.
- The Central Zoo Authority (CZA) and Bombay Natural History Society (BNHS) also established the Vulture Conservation Breeding Programme.
- It has been successful and had three critically-endangered species bred in captivity for the first time.
- The ministry has now also launched conservation plans for the red-headed and Egyptian vultures, with breeding programmes for both.
- The Vulture Safe Zone programme is being implemented at eight different places in the country where there were extant populations of vultures, including two in Uttar Pradesh.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Social media and spread of fake news.
The Supreme Court has asked the Centre to explain its “mechanism” against fake news and bigotry on air, and to create one if it did not already exist.
Discuss how Fake News affects free speech and informed choices of citizens of the country?
What did the Centre say?
- The media coverage predominantly has to strike a balanced and neutral perspective.
- It explained that as a matter of journalistic policy, any section of the media may highlight different events, issues and happenings across the world as per their choice.
- It was for the viewer to choose from the varied opinions offered by the different media outlets.
What is Fake News?
- Fake news is untrue information presented as news. It often has the aim of damaging the reputation of a person or entity, or making money through advertising revenue.
- Once common in the print and digital media, the prevalence of fake news has increased with the rise of social media and messengers.
- Political polarization, post-truth politics, confirmation bias, and social media have been implicated in the spread of fake news.
Threats posed
- Fake news can reduce the impact of real news by competing with it.
- In India, the spread of fake news has occurred mostly with relation to political and religious matters.
- However, misinformation related to COVID-19 pandemic was also widely circulated.
- Fake news spread through social media in the country has become a serious problem, with the potential of it resulting in mob violence.
Countermeasures
- Internet shutdowns are often used by the government as a way to control social media rumours from spreading.
- Ideas such as linking Aadhaar to social media accounts have been suggested to the Supreme Court of India by the Attorney General.
- In some parts of India like Kannur in Kerala, the government conducted fake news classes in government schools.
- The government is planning to conduct more public-education initiatives to make the population more aware of fake news.
- Fact-checking has sparked the creation of fact-checking websites in India to counter fake news.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Writ jurisdiction, Art. 32, 225
Mains level: Writ Jurisdiction
A Supreme Court bench headed by CJI has observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.
Try this PYQ:
Q.Which of the following is included in the original jurisdiction of the Supreme Court?
- Dispute between the Government of India and one or more States
- A dispute regarding elections to either House of the parliament or that of Legislature of a State
- A dispute between the Government of India and Union Territory
- A dispute between two or more States.
Select the correct answer using the codes given below:
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4
What is Article 32?
- Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
- It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
- It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
- The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
- Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.
Rights protected by A32
- The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
- Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.
Types of Writs under it
Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
- Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
- Mandamus — directing public officials, governments, courts to perform a statutory duty;
- Quo Warranto — to show by what warrant is a person holding public office;
- Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
- Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
- In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
- When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.
Supreme Court’s recent observations
- The observation came during the hearing of a petition seeking the release of a journalist, who was arrested while reporting on an alleged gangrape and murder.
- The court asked why the petitioners could not go to the High Court first.
- In another case invoking Article 32, a Nagpur-based man was arrested for alleged defamatory content against Maharashtra CM, the same Bench directed him to approach the High Court first.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2-
The Azim Premji University has published the report titled “Myths of Online Education”, on the efficacy and accessibility of e-learning.
We have studied the Impacts of COVID-19 on Education. https://www.civilsdaily.com/burning-issue-education-in-times-of-covid-19/
This report provides decent data about the woes of online education and is easy to remember.
About the study
- The study was undertaken in five States across 26 districts and covered 1,522 schools. More than 80,000 students study in these government schools.
- It examined the experience of children and teachers with online education.
Highlights of the study
- More than 60% of the respondents who are enrolled in government schools could not access online education.
- Children with disabilities in fact found it more difficult to participate in online sessions.
- 90% of the teachers who work with children with disabilities found their students unable to participate online.
- Almost 70% of the parents surveyed were of the opinion that online classes were not effective and did not help in their child’s learnings.
- 90% of parents of government school students surveyed were willing to send their children back to school.
- The survey also revealed that around 75% of the teachers spent, on an average, less than an hour a day on online classes for any grade.
Online classes are less effective
- Teachers as well as students their expressed frustration with online classes.
- More than 80% surveyed said they were unable to maintain emotional connect with students during online classes, while 90% of teachers felt that no meaningful assessment of children’s learning was possible.
- Another hurdle that teachers found during the online classes was the one-way communication, which made it difficult for them to gauge whether students understood what was being taught.
- Teachers also reported that they were ill-prepared for online learning platforms.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 72 and Article 161
Mains level: Paper 2- Judicial scrutiny of decisions by functionaries
The inaction by the Governor of Tamil Nadu on advice to free the convict has raised the possibility of judicial intervention due to undue delay.
Inaction by Governor on advice
- The Governor of Tamil Nadu has continued to withhold his decision on an application seeking pardon by one of the seven prisoners convicted in the Rajiv Gandhi assassination case.
- In September 2018, the Supreme Court (SC) had observed, while hearing a connected writ petition, that the Governor should take a decision
- The inaction by the Governor now has given rise to constitutional fault lines within the Executive arm of the government.
Past judgements on pardoning power
- In Maru Ram v. Union of India (1981) Supreme Court held that the pardoning power “under Articles 72 and 161 of the Constitution can be exercised by the Central and the State Governments, not by the President or Governor on their own.”
- The majority judgment had said that the “advice of the appropriate Government binds the Head of the State”.
- Therefore, a Governor is neither expected, nor is empowered, to test the constitutionality of the order or resolution presented to her.
Issue of delay in decision of mercy petition
- Recently, the Supreme Court, had examined the inordinate delay by the President and the Governor — in taking decisions on mercy petitions.
- The Supreme Court, in the case of Shatrugan Chouhan v. Union of India, laid down the principle of “presumption of dehumanising effect of such delay”.
- The Supreme Court confirmed that the due process guaranteed under Article 21 was available to each and every prisoner “till his last breath”.
Judicial scrutiny of the actions of Speakers
- It was hitherto believed that the powers of the Speaker, holding a constitutional office and exercising powers granted under the Constitution, were beyond the scope of a ‘writ of mandamus’.
- In the recent case of Keisham Meghachandra Singh v. Hon’ble Speaker (2020), the Supreme Court was asked to examine the Speaker’s inaction with regard to disqualification proceedings.
- However, the apex court, referering to Rajendra Singh Rana v. Swami Prasad Maurya (2007), had confirmed its view that the “failure on the part of the Speaker to decide the application seeking a disqualification cannot be said to be merely in the realm of procedure”
- Consequently, breaking years of convention, the SC set the time period of four weeks to decide the disqualification petition.
- By doing so, the Supreme Court has indicated that it would not be precluded from issuing directions in aid of a constitutional authority “arriving at a prompt decision”.
Consider the question “The undue delays and inactions by the constitutional functionaries threaten to widen the constitutional faultlines among the Executives. Comment.”
Conclusion
Instead of relying on the judicial intervention in the event of delays, it would be better to have a set time limit for arriving at decision by the constitutional judiciary.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Nutrition safety
The article highlights the issue of nutrition and suggest the ways to achieve nutrition security in the country to drive sustainable growth for India.
Nutrition in India
- A recent United Nations report- The State of Food Security and Nutrition in the World, 2020 highlighted that there are 189.2 million undernourished people in India.
- Even though this number has declined by 60 million over the past decade, the progress is far too slow.
- While we recorded a drop in undernourishment, obesity amongst Indian adults grew from 25.2 million in 2012 to 34.3 million in 2016.
- India is likely to miss the 2025 global nutrition targets according to the Global Nutrition Report 2020, unless more is done, soon.
Impact of POSHAN Abhiyan
- With the launch of POSHAN Abhiyan in 2018, the government mainstreamed nutrition, with this multi-ministerial and multi-sectoral approach.
- It converges all existing programs to improve the nutritional status of pregnant women, mothers and children.
- It brings together several programs such as National Rural Health Mission, Mid-Day meals, Integrated Child Development Scheme, Sarva Shiksha Abhiyan, and others to improve nutrition intake in India.
- The success lies in following an outcome based approach to ensure all the benefits under these interventions are delivered to mothers and children within the first 1000 days, setting the base for healthier lives.
Micronutrients through food fortification
- Food fortification is another effective way to deliver micronutrients to Indian masses, through existing food delivery systems such as mid-day meals and the public distribution system.
- Regulators have already been promoting fortification in food products like salt, edible oil, milk, rice and wheat flour to improve nutritional content.
- Going forward, we will see more and more food products and crops getting covered.
Need for innovation
- It is crucial for the food and beverage industry to make nutrition an integral part of their strategy.
- Healthier ingredients, fortification, reformulation to reduce saturated and trans-fat content and optimize sugar and sodium content, immunity boosting product is already commonplace across urban markets.
- This will soon permeate to rural markets.
- Factors such as product taste, convenience, shelf life, and price – all of which determine consumption – are also important elements that ensure higher intake of nutritious products by consumers everywhere.
- This calls for more innovation. Innovation in product, pricing, technology, digitalization, and research and development by food companies.
Rising nutrition awareness
- Solving the problem of malnourishment has to start with awareness.
- In rural areas, general nutritional awareness has historically been lower.
- In urban areas even though people are generally more aware a large percentage still consumes excess sugar and salt, leads sedentary lifestyles coupled with lack of exercise, resulting in lifestyle diseases like diabetes, obesity, high blood pressure
- Consumers everywhere need to be better educated about nutritional benefits of common food items and the importance of including them in regular diet.
- This can be done effectively through government led awareness campaigns and healthy public food distribution initiatives, industry acting responsibly.
Conclusion
Good nutrition is the best investment we can make in human capital. It has the power to drive sustainable economic growth for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ASEAN and RCEP
Mains level: Paper 2-Implications of not signing RCEP for India
India’s challenges from RCEP didn’t end by staying out of it. Remaining out of the RCEP has several implications for India. This article discusses such challenges.
What RCEP mean for the region
- The RCEP was finally signed by its 15 members on the sidelines of the Asean Summit last week without India.
- This would make it a trade deal that includes the ten Asean economies, and all of Asean’s bilateral FTA partners, except India.
- It would create new market access for China and Japan-the two largest economies of the group.
- China, Japan and Korea were negotiating a trilateral trade pact, which now might become inconsequential following RCEP.
- In this respect, RCEP would actually produce much greater market access outside of the Asean, among non-Asean members China, Japan and Korea.
- Asean’s specific market access gains would be over and above those that are already available through various Asean+1 FTAs.
- Additional market access gains would be more with respect to China, in terms of the additional tariff coverage and concessions that RCEP would provide.
Implications for China
- Apart from the additional preferential access it obtains, it is also able to pull off strategic dividends.
- As the RCEP proceeds, it would establish China’s decisive say in writing the rules of trade in the region through the RCEP.
- And this is precisely what the US would be wary of.
Implications for the U.S.
- President Obama had pitched the Trans-Pacific Partnership (TPP) as an obvious and essential alternative for counterbalancing Chinese strategic domination of the regional trade game.
- The US was taken out of the TPP by President Trump.
- The remaining members managed to salvage the deal, largely due to the spirited leadership provided by Japan and Australia.
- While the TPP survives as the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).
- But CPTPP is incapable of being a strategic counterweight to China, and the RCEP.
- Nothing other than a CPTPP that includes the US would be able to counterbalance China in economic size and strategic clout.
Way forward
- The Quad—a security partnership between the US, Japan, India and Australia—is looking to expand beyond defence and assume broader strategic proportions.
- Geopolitics is contributing significantly to the construction of economic alliances, including the reorganisation of regional supply chains.
- Due to these factros, search for an Indo-Pacific trade and economic compact is likely to hasten following the conclusion of RCEP.
- Following RCEP, and the almost non-existent possibility of returning to its fold, India too, might find itself working actively on moving towards an Indo-Pacific trade deal.
- The RCEP, which has a sizeable number of key Indo-Pacific economies like Japan, Australia, Korea, Vietnam and Indonesia, would need to stick to these countries to stick to the trade agreement after its ratification.
Conclusion
RCEP might actually force the U.S to look at returning to CPTPP much more proactively than it might have imagined. It would also, expectedly, look at India to join the bloc. That would be another challenge to navigate. India’s challenges from the RCEP might have increased in spite of staying out of it.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Policy framework for adaptation of technology
The changing realm of technology requires a change in the policy framework. The article discusses the issue of the impact of technology and the required changes in the policy framework.
Adoption of information-based technologies
- The expansion of computing power has driven the pace of information gathering and analysis.
- The new currency drives processes and decision-making across a wide array of products and services, making them more efficient and value accretive for consumers.
- These information-based technologies have been widely adopted across a broad range of industries and products that traditionally have not been perceived as electronic or software based.
- A modern automobile has 40% of its component value from electronic-based products.
- This is a paradigm shift as the amount of “value add” from intangible technology services as opposed to physical objects, even in traditional goods, is being transformed by information.
- Information and electronics are becoming all-pervasive, ensuring that we set boundaries to control quality or the uptime of the equipment.
- Information availability drives efficiency and creates value for customers by providing greater control over the product
- There is increasing digitisation and electronification of industrial activities, products and services, influencing the evolving skill sets in industry.
Need for holistic views in policies
- To address the needs of various stakeholders, governments have tended to build specialised departments and designed policies that govern those areas.
- Over time, as each of these departments grew, they have tended to operate in silos.
- The recent developments in technology have, however, blurred standard boundaries that dictate policy framework in most governments.
- As technology is driving an increasing share of the value add coming from digitisation and data analytics, there needs to be a way of encouraging capital formation by way of intangibles in traditionally tangible industries.
- There is a need to have a holistic view of policies for economic development as technology is becoming a significant enabler in most industries.
- A change in policy framework regarding economic development that enables various ministries to work together is essential.
Way forward
- A nourishing ecosystem for industry, including the hard infrastructure and softer areas such as education, skilling, technical institutions, laboratories, testing centres, etc., has to be cultivated.
- The creation of clusters of companies in adjacent but complementary areas could constitute such an ecosystem that encourages multi and cross-disciplinary learning and spur innovation and economic development.
- Moreover, this type of ecosphere could also attract investment and capital formation.
- There is also the larger issue of a shift of value between manufacturing and services as technology changes.
- The policy, by and large, promotes and gives incentives for manufacturing, whereas the share of intangibles are not adequately covered in industrial policies.
- It is important to include these to encourage innovation and technological development.
- It is important that there is close cooperation and alignment between the Centre and State to ensure effective implementation on the ground.
Conclusion
Some of these thoughts could help us navigate through an ecosystem that is changing with technology.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Judicial conduct and associated issues
A Justice of the Supreme Court has recused himself from hearing a petition that sought action against the Andhra Pradesh CM for levelling political allegations against an AP High Court judge.
Can you list down some basic principles of judicial conduct?
Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.
What is the Recusal of Judges?
- Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
- Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Rules on Recusals
- There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
- The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
- The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.
Issues with recusal
- Recusal is also regarded as the abdication of duty. Maintaining institutional civilities are distinct from the fiercely independent role of the judge as an adjudicator.
- In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
- It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case, he ruled.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RCEP
Mains level: Economic implications for India
Even as India opted to stay out after walking out of discussions last year, the new trading bloc has made it clear that the door will remain open for India to return to the negotiating table.
Must read:
China-led RCEP takes off without India
Try answering this also:
Q.Signing the Regional Comprehensive Economic Partnership (RCEP) agreement would have given more substance to India’s Act East policy. Analyse.
Why did India walk out?
- India decided to exit RCEP negotiations over “significant outstanding issues”.
- Its decision was to safeguard the interests of industries like agriculture and dairy and to give an advantage to the country’s services sector.
- The current structure of RCEP still does not address these issues and concerns.
How far is China’s presence a factor?
(1) Escalated tensions
- Escalated tension with China is considered to be a major reason for India’s decision.
- Major issues that were unresolved during RCEP negotiations were related to the exposure that India would have to China.
(2) Surge in imports
- This included India’s fears that there was “inadequate” protection against surges in imports.
- It felt there could also be a possible circumvention of rules of origin— the criteria used to determine the national source of a product.
- In the absence of this, other partner countries could dump their products by routing them through other countries that enjoyed lower tariffs.
(3) Inability for countermeasures
- India was unable to ensure countermeasures like an auto-trigger mechanism to raise tariffs on products when their imports crossed a certain threshold.
- It also wanted RCEP to exclude most-favoured-nation (MFN) obligations from the investment, especially to countries with which it has border disputes.
(4) No assurance of market access to India
- RCEP also lacked clear assurance over market access issues in countries such as China and non-tariff barriers on Indian companies.
- The agreement would have forced India to extend benefits given to other countries for sensitive sectors like defence to all RCEP members.
(5) Trade balances paradox
- India’s stance on the deal also comes as a result of learnings from unfavourable trade balances that it has with several RCEP members, with some of which it even has Free Trade Agreements.
- India has trade deficits with 11 of the 15 RCEP countries, and some experts feel that India has been unable to leverage its existing FTAs with several RCEP members to increase exports.
What can the decision cost India?
- There are concerns that India’s decision would impact its bilateral trade ties with RCEP member nations, as they may be more inclined to focus on bolstering economic ties within the bloc.
- The move could potentially leave India with less scope to tap the large market that RCEP presents —the size of the deal is mammoth, as the countries involved account for over 2 billion of the world’s population.
- Given attempts by countries like Japan to get India back into the deal, there are also worries that India’s decision could impact the Australia-India-Japan network in the Indo-Pacific.
What are India’s options now?
- India, as an original negotiating participant of RCEP, has the option of joining the agreement without having to wait 18 months as stipulated for new members in the terms of the pact.
- RCEP signatory states said they plan to commence negotiations with India once it submits a request of its intention to join and it may participate in meetings as an observer prior to its accession.
- A possible alternative for India is to review its existing bilateral FTAs with some of these RCEP members as well as newer agreements with potential for Indian exports.
- There is also a growing view that it would serve India’s interest to invest strongly in negotiating bilateral agreements with the US and the EU, both currently a work in progress.
Conclusion
- A country can never get into FTAs merely to provide its market to the partner countries.
- When we accommodate our partner countries, our objective is also to increase the presence of our products in the markets of partners, and India hasn’t been able to achieve the latter objective.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: mRNA
Mains level: Vaccination challenges for coronavirus
The Moderna and Pfizer vaccines which recently announced their success use the same technology, based on messenger RNA, or mRNA.
Try this PYQ first:
Q.‘RNA interference (RNAi)’ technology has gained popularity in the last few years. Why?
- It is used in developing gene silencing therapies.
- It can be used in developing therapies for the treatment of cancer.
- It can be used to develop hormone replacement therapies.
- It can be used to produce crop plants that are resistant to viral pathogens.
Select the correct answer using the code given below:
(a) 1, 2 and 4
(b) 2 and 3
(c) 1 and 3
(d) 1 and 4 only
What is mRNA?
- Messenger RNA (mRNA) is a single-stranded RNA (Ribo Nucleic Acid) molecule that is complementary to one of the DNA strands of a gene.
- The mRNA is an RNA version of the gene that leaves the cell nucleus and moves to the cytoplasm where proteins are made.
- During protein synthesis, an organelle called a ribosome moves along the mRNA, reads its base sequence, and uses the genetic code to translate each three-base triplet, or codon, into its corresponding amino acid.
What is the mRNA vaccine?
- Such vaccines make use of the messenger RNA molecules that tell the body’s cells what proteins to build.
- The mRNA, in this case, is coded to tell the cells to recreate the spike protein of the coronavirus SARS-CoV-2, which causes Covid-19.
- It is the spike protein — which appears as spikes on the surface of the coronavirus — that initiates the process of infection; it allows the virus to penetrate cells, after which it goes on to replicate.
- A coronavirus vaccine based on mRNA, once injected into the body, will instruct the body’s cells to create copies of the spike protein.
- In turn, this is expected to prompt the immune cells to create antibodies to fight it.
- These antibodies will remain in the blood and fight the real virus if and when it infects the human body.
Back2Basics: Ribo Nucleic Acid (RNA)
- RNA is an important biological macromolecule that is present in all biological cells.
- It is principally involved in the synthesis of proteins, carrying the messenger instructions from DNA, which itself contains the genetic instructions required for the development and maintenance of life.
- In some viruses, RNA, rather than DNA, carries genetic information.
- The type of RNA dictates the function that this molecule will have within the cell.
- Aside from the coding region of messenger RNA (mRNA) molecules that will be translated into proteins, other cellular RNA elements are involved in different processes.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ramsar sites in India
Mains level: Wetland conservation in India
The Lonar Lake in Maharashtra and Sur Sarovar, also known as Keetham lake, in Agra, have been added to the list of recognised Ramsar sites.
Make a note of all freshwater and saltwater lakes in India.
Lonar Lake
- Lonar Lake, also known as Lonar crater, is a notified National Geo-heritage Monument, saline (pH of 10.5), Soda Lake, located at Lonar in Buldhana district, Maharashtra.
- It was created by an asteroid collision with earth impact during the Pleistocene Epoch.
- It is one of the four known, hyper-velocity, impact craters in basaltic rock anywhere on Earth.
- It sits inside the Deccan Plateau—a massive plain of volcanic basalt rock created by eruptions some 65 million years ago.
Sur Sarovar
- It is a scenic lake just outside Agra on the Agra – Delhi highway (NH 2) and a declared bird sanctuary.
- The riverine belt of River Yamuna surrounds the area of Sur-Sarovar.
- It is today home to more than 165 species of migratory and resident birds.
- It is the same place that inspired the famed poet Soordas to compose the “Bhakti Kavya” one of the finest pieces of devotional poetry.
Two amongst many
- India now has 41 wetlands, the highest in South Asia, with two more added to the list of recognised sites of international importance under the treaty of Ramsar Convention.
- Recently, Kabartal in Bihar’s Begusarai district was recognised as a wetland of international importance, the first such wetland in the State, under the Ramsar Convention.
- The Asan Conservation Reserve in Dehradun, the first wetland from Uttarakhand to be recognised by Ramsar convention, was added to the list in October this year.
Back2Basics: Wetlands
- A wetland is a distinct ecosystem that is flooded by water, either permanently or seasonally, where oxygen-free processes prevail.
- The primary factor that distinguishes wetlands from other landforms or water bodies is the characteristic vegetation of aquatic plants, adapted to the unique hydric soil.
- Wetlands provide a wide range of important resources and ecosystem services such as food, water, fibre, groundwater recharge, water purification, flood moderation, erosion control and climate regulation.
What is the Ramsar Convention?
- The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat is a treaty for the conservation and sustainable use of such sites.
- The convention, signed in 1971 in the Iranian city of Ramsar, is one of the oldest inter-governmental accords for preserving the ecological character of wetlands.
- Also known as the Convention on Wetlands, it aims to develop a global network of wetlands for the conservation of biological diversity and for sustaining human life.
- Over 170 countries are party to the Ramsar Convention and over 2,000 designated sites covering over 20 crore hectares have been recognised under it.
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