Note4Students
From UPSC perspective, the following things are important :
Prelims level: Plea Bargaining
Mains level: Various judicial remedies
Many members of a religious faction belonging to different countries have obtained release from court cases in recent days by means of plea bargaining. They were accused of violating visa conditions by attending a religious congregation in Delhi.
Try this question for mains:
Q.What is Plea Bargaining and how does it work? Discuss the rationale behind and benefits in reducing the burden on Judiciary.
What is Plea Bargaining?
- Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
- It is common in the US and has been a successful method of avoiding protracted and complicated trials.
- As a result, conviction rates are significantly high there. It primarily involves pre-trial negotiations between the accused and the prosecutor.
- It may involve bargaining on the charge or in the quantum of sentence.
When was it introduced in India?
- In India, the concept was not part of law until 2006. It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
- There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.
- The Law Commission of India, in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty on their own volition but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.
How does it work?
- Unlike in the U.S. and other countries, where the prosecutor plays a key role the Indian code makes plea bargaining a process that can be initiated only by the accused.
- Further, the accused will have to apply to the court for invoking the benefit of bargaining.
In what circumstances is it allowed?
- Cases for which the practice is allowed are limited.
- Only someone who has been charge-sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.
- It is also applicable to private complaints of which a criminal court has taken cognizance.
- Other categories of cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country or committed against a woman or a child below 14.
How to avail this?
- The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.
- The court would then issue a notice to the prosecutor and the complainant or victim, if any, for a hearing.
- The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.
- Thereafter, the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case”.
- The outcome may involve payment of compensation and other expenses to the victim by the accused.
After approval
- Once mutual satisfaction is reached, the court shall formalize the arrangement by way of a report signed by all the parties and the presiding officer.
- The accused may be sentenced to a prison term that is half the minimum period fixed for the offence.
- If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in the law.
What is the rationale for the scheme? What are its benefits?
- The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
- Some of the advantages it culled out from earlier reports are that the practice would ensure a speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
- It would also have a dramatic impact on conviction rates.
- Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
- Moreover, it may help offenders make a fresh start in life.
Do courts have reservations?
- Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately.
- However, earlier judgments of various courts in cases in which the accused enter a ‘guilty’ plea with a view to getting lesser sentences indicate that the judiciary may have reservations.
- Some verdicts disapprove of bargaining with offenders, and point out those lenient sentences could be considered as part of the circumstances of the case after a regular trial.
- Courts are also very particular about the voluntary nature of the exercise, as poverty, ignorance and prosecution pressure should not lead to someone pleading guilty of offences that may not have been committed.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Godhan Nyay Yojana
Mains level: Animal husbandary sector of India
Chhattisgarh is set to launch ‘Godhan Nyay Yojana’. The scheme aims to put money in the pockets of people living in rural areas and also solve the problem of stray cattle.
Try this question from CSP 2019:
Consider the following statements
- Agricultural soils release nitrogen oxides into the environment.
- Cattle release ammonia into the environment.
- Poultry industry releases reactive nitrogen compounds into the environment.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3
Godhan Nyay Yojana
- Under the scheme, the Chhattisgarh government will purchase cow dung at the rate of Rs 2 per kg.
- This scheme will turn cow dung into a profitable commodity.
- The scheme also aims to make cow rearing economically profitable and to prevent open grazing in the state, as well as help with the problem of stray animals on roads and in urban areas.
How will the scheme help the rural economy?
- The scheme will generate additional income and increase employment opportunities.
- The government will procure cow dung and prepare vermicompost in order to move towards organic farming.
- There is a huge market for organic farming. Vermicompost will be sold by cooperative societies.
- Distribution of vermicompost fertilizer to farmers will be done as a commodity loan by cooperative societies, banks.
Preventing strays in urban areas
- In urban areas, the scheme will prevent movement of stray animals on roads and highways, and also improve urban sanitation with proper disposal of waste produced by cattle.
- Cattle will be tagged with the owner’s name, address, mobile number to the neck of each animal after the survey to ensure accountability of cattle owners if their cattle are found in the open.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Itolizumab
Mains level: NA
The Drug Controller General of India recently approved Itolizumab as a novel biologic therapy for restricted emergency use.
Various drugs in news these days are:
1) Remdesivir: Ebola
2) Lopinavir: HIV
3) Hydroxychloroquine: Malaria
What is Itolizumab?
- Itolizumab is an existing drug used for psoriasis, a chronic skin disease involving unregulated growth of some skin cells that develop into red patches mostly on knees and elbows, but also on some other parts of the body.
- The drug, developed by Bengaluru-based Biocon, was approved in 2013.
- It is a monoclonal antibody which is used to treat acute psoriasis.
Why it is being used for COVD-19?
- The coronavirus has been observed to induce an overreaction of the immune system, generating a large number of cytokines that can cause severe damage to the lungs and other organs.
- Itolizumab is safe and efficient in preventing cardio-renal complications in Covid-19 patients who also have acute respiratory distress.
What are monoclonal antibodies?
- Monoclonal antibodies are proteins cloned in the lab to mimic antibodies produced by the immune system to counter infection.
- They have their genesis in serum, the colourless constituent of blood that contains antibodies.
- These proteins bind to an antigen, the fragment of an infectious virus in the case of SARS-CoV-2, and either destroy it or block its action.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vitamin D
Mains level: NA
There have been considerable discussions in scientific circles on the importance of vitamin D in these days of the COVID-19 pandemic.
Try this question from CSP 2017:
Q.Regular intake of fresh fruits and vegetables is recommended in the diet since they are a good source of antioxidants. How do antioxidants help a person maintain health and promote longevity?
(a) They activate the enzymes necessary for vitamin synthesis in the body and help prevent vitamin deficiency.
(b) They prevent excessive oxidation of carbohydrates, fats and proteins in the body and help avoid unnecessary wastage of energy.
(c) They neutralize the free radicals produced in the body during metabolism.
(d) They activate certain genes in the cells of the body and help delay the ageing process.
Vitamin D and its prevalence
- It is produced when sunlight (or artificial light, particularly in the ultraviolet region of 190-400 nm wavelength) falls on the skin.
- Light triggers a chemical reaction to a cholesterol-based molecule and converts it into calcidiol in the liver and into calcitriol in the kidney.
- It is these two molecules that are physiologically active.
- Since sunlight is important for the generation of vitamin D, tropical countries have an advantage over the northern countries.
- India, being a tropical country, one would expect naturally derived vitamin D levels to be good.
Why Vitamin D is important?
- Vitamin D deficiency can affect COVID-19 high-risk patients, particularly those who are diabetic, have heart conditions, pneumonia, obesity and those who smoke.
- It is also associated with infections in the respiratory tract and lung injury.
- Besides, vitamin D is known to help in having the right amount of calcium in the bones, catalyse the process of protecting cell membranes from damage, preventing the inflammation of tissues.
- Moreover, it helps stop tissues from forming fibres and weakening bones from becoming brittle, leading to osteoporosis.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bathynomus Raksasa
Mains level: NA
A team of researchers has discovered a supergiant cockroach when they explored waters of the Indian Ocean in Bantan, off the southern coast of West Java in Indonesia.
Try this MCQ:
Q.The ‘Bathynomus Raksasa’, a species recently discovered is basically a:
a) Mollusc
b) Annelid
c) Arthropod
d) Flagella
Bathynomus Raksasa
- The Bathynomus raksasa is a giant isopod (phylum: Arthropoda) in the genus Bathynomus.
- It is described as the “cockroach of the sea”. The epithet is the Indonesian word “raksasa” for giant, alluding to its enormous size.
- The giant isopods are distantly related to crabs, lobsters, and shrimps (which belong to the order of decapods), and are found in the cold depths of the Pacific, Atlantic, and Indian Oceans.
- It has 14 legs but uses these only to crawl along the bed of oceans in search of food.
- As a scavenger, Bathynomus raksasa eats the remains of dead marine animals, such as whales and fish, but can also go for long periods without food, a trait that it shares with the cockroach.
Why this cockroach matters?
- Bathynomus raksasa is the sixth ‘supergiant’ species from the Indo-West Pacific and is one of the largest known members of the genus.
- The discovery takes the number of known giant isopods to 20.
- As the Bathynomus raksasa reveals its secrets, it will contribute towards increasing knowledge about the deep.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Public Account
Mains level: Paper 3- PDS and FCI related issues
Solutions to Problems in Food Subsidy Delivery
The following solutions will help in addressing problems associated with PDS.
- Replacing Targeted Public Distribution System (TPDS) with Direct Benefit Transfer (DBT) of food subsidy. National Food Security Act (NFSA) states that the centre and states should introduce schemes for cash transfers to beneficiaries.Cash transfers seek to increase the choices available with a beneficiary, and provide financial assistance. It has been argued that the costs of DBT may be lesser than TPDS, owing to lesser costs incurred on transport and storage. These transfers may also be undertaken electronically. As per a report given by a high level committee of Food Corporation of India, DBT would reduce Government subsidy bills by more than Rs 30,000 crores.
- Automation at the Fair Price Shops is another important step taken to address the problem in PDS. Currently more than 4.3 lakh (82%) Fair Price Shops have been automated across the country. Automation involves installation of Point of Sale (PoS) devices, for authentication of beneficiaries and electronic capturing of transactions.
- Aadhar and introduction of Biometrics was recommended to plug leakages in PDS. Such transfers could be linked to Jan Dhan accounts, and be indexed to inflation. It facilitates the removal of bogus ration cards, check leakages and ensure better delivery of food grains. In February 2017, the Ministry made it mandatory for beneficiaries under NFSA to use Aadhaar as proof of identification for receiving food grains.
- 100% ration cards had been digitised.
- Between 2016 and 2018, seeding of Aadhaar helped in detection of 1.5 crore fake, duplicate and bogus ration cards and these cards were deleted.
- Increase the procurement undertaken by states known as Decentralised Procurement (DCP), and reduce the expenditure on centralised procurement by the Food Corporation of India (FCI). This would drastically reduce the transportation cost borne by the government as states would distribute the food grains to the targeted population within their respective states. As of December 2019,17 states have adopted decentralised procurement.
- The Fair Price shops operate at very low margins as per findings of the Government. Hence the fair price shops should be allowed to sell even non-PDS items and make it economically viable. This will motivate them to not to resort to unfair practices in the distribution of Government subsidized food grains meant for beneficiaries of Government schemes.
- A greater and more active involvement of the panchayats in the PDS can significantly improve access at the village level.
- There is also an urgent need to set up a proper and effective grievances redressal system for both the fair price shops as well as beneficiaries
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RP Act
Mains level: Paper 2- Securing voting right to migrant workers through ballot paper
A large number of migrant workers cannot vote in their constituency. This assumes significance when we consider that the Supreme Court has interpreted the right to vote as an extension of the fundamental right of the freedom of expression. So, the ECI should find ways to enable them exercise their right.
Universal adult franchise: India’s achievement
- India moved from a restrictive 15 per cent of Indians having limited voting rights to universal adult franchise.
- Transformative nature of the Indian national movement and the ideals of equality and non-discrimination enshrined in it played a crucial role in it.
- It was B R Ambedkar’s clarity of vision that resulted in Article 326 of the Constitution.
- Ambedkar had influenced public opinion on the matter for decades, giving evidence before the Southborough committee.
Migrant workers: some facts
- According to the 2011 Census, the number of internal migrants stands at 45 crore.
- Among these, 26 per cent of the migration, that is, 11.7 crore occurs inter-district within the same state.
- 12 per cent of the migration, that is, 5.4 crore occurs inter-state.
- Both official and independent experts admit that this number is underestimated.
- Circular migration accounts for those migrants who have not permanently relocated to host cities, and instead circulate between host and home cities.
- Short-term and circular migration could itself amount to 6-6.5 crore.
- Half of these are inter-state migrants.
- Migrant labourers mostly hail from most poverty-driven rural areas.
- They are from among the most marginalised sections SC/STs and OBCs, and other minorities.
- As of 2011, Uttar Pradesh and Bihar were the largest sources of inter-state migrants, with 83 lakh and 63 lakh migrants respectively.
Low turnout in the source states
- Economic constraints disable a majority of migrant workers from voting as they cannot commute to their home states on the polling day.
- One survey shows that only 48 per cent of those surveyed voted in the 2009 Lok Sabha elections, when the national average was 59.7 per cent.
- In the 2019 Lok Sabha polls, major sender states such as Bihar and UP had among the lowest voter turnout rates.
Inability to satisfy “Ordinary Resident” criteria
- Given the nature of migration being circular and seasonal, migrants are not permanent/long-term residents in host cities.
- So, they do not satisfy the requirements of being an “ordinary resident” under Section 20 of the Representation of People Act (RP Act), in the host state, to obtain voter cards.
- They are, therefore, unable to transfer their constituency.
Solution: Postal ballot
- The Election Commission of India has under Section 60(c) of the RP Act the power to notify a certain class of persons to vote via postal ballot.
- The ECI’s much-proclaimed mission to ensure “no voters are left behind” has resulted in attempts to ensure a secure system of postal ballots.
- In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
- The Indian migrant worker should be given the right to vote through a similar system.
Consider the question “There is scope for increasing the voter turnout in India and enabling the migrant workers to vote could be one of them. Examine the reasons for low voting turnout in India and suggest the measures to improve it.”
Conclusion
Securing the migrant workers right to vote will make democracy inclusive, responsible and sensitive to the concerns of those who find it difficult to make their voice heard.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: JCPOA
Mains level: Paper 2- India-Iran ties and India's concerns over Iran-China partnership
India ties with Iran are significant for more than one reasons. Two countries share cultural bonds, Iran holds a special place when it comes to India’s energy security. Yet, India often finds itself in a difficult position as it tries to walk the tightrope between the U.S. sanction and maintaining the relations with Iran.
Context
- Concerns were raised in India over its exclusion by Iran from the 628 km long rail link between Chabahar and Zahidan.
- Iran has since clarified that it is not the case and India could join the project at a later stage.
- It happened just as China and Iran were close to signing a deal on an economic and security partnership.
Importance of Chabahar and the rail link
- Chabahar could provide connectivity for Afghanistan through Iran in order to lessen its dependence on Karachi port.
- This plan has enjoyed support in Delhi, Kabul and Tehran since 2003.
- Road and rail links from Chabahar to Zahidan and then 200 km further on to Zaranj in Afghanistan, need to be built.
Progress on the project
- Iran was under sanctions during 2005-13, so there was little progress.
- Meanwhile, India concentrated on the 220 km road to connect Zaranj to Delaram on the Herat highway, and completed it in 2008.
- After the sanctions on Iran eased in 2015, A memorandum of understanding (MoU) was signed with Iran in 2016.
- This MoU aimed to equip and operate two terminals at the Shahid Beheshti port as part of Phase I of the project.
- The Trilateral Agreement on Establishment of International Transport and Transit Corridor between Afghanistan, Iran and India was signed.
- In addition to $85 million of capital investment, India also committed to providing a line of credit of $150 million for port container tracks.
- Phase I was declared operational in 2018 and India’s wheat shipments to Afghanistan have been using this route.
- A special economic zone (SEZ) at Chabahar was planned but re-imposition of U.S. sanctions has slowed investments into the SEZ.
- India was given a waiver from U.S. sanctions to continue cooperation on Chabahar.
- Despite the waiver, the project has suffered delays.
Growing Iran-China relations
- In 2016, just as sanctions were eased, Chinese President Xi Jinping visited Tehran and proposed a long-term comprehensive, strategic partnership.
- Iran kept the negotiations going for years because of reluctance to grow too close to China.
- Meanwhile, tensions in the region have been growing since last year with missile strikes in Saudi Arabia and a U.S. drone strike killing Gen. Qassim Soleimani.
- As a veto-wielding member, China can help Iran at the UNSC.
- Even so, the Iran- China comprehensive, strategic partnership road map has run into opposition in the Majlis[Iranian Parliament].
India’s concerns over Iran-China deal
- What is alarming for New Delhi is that Beijing is also concluding a security and military partnership with Tehran.
- Initial reports in Iran have suggested China will deploy 5,000 security personnel to protect its projects in Iran.
- Some reports suggest Kish Island in the Persian Gulf, located at the mouth of the Strait of Hormuz, maybe “sold” to China.
- With a growing Chinese presence, India is also concerned about its strategic stakes around the Chabahar port project.
Way forward for India
- Though China has a greater capacity to resist U.S. sanctions, Iran realises the advantage of working with India as it enjoys a sanctions waiver from the U.S. for Chabahar.
- Iran and India also share an antipathy to a Taliban takeover in Afghanistan.
- This is why Iran would like to keep the door open.
- Nevertheless, India needs to improve its implementation record of infrastructure projects in its neighbourhood.
- There are numerous tales of Indian cooperation projects in Nepal, Bangladesh, Sri Lanka, Myanmar, etc suffering delays and cost overruns that only make it easier for China to expand its footprint in India’s neighbourhood.
Consider the question “India-Iran ties circumscribed by each other’s compulsion and geopolitical constraints. Comment.”
Conclusion
India should continue to remain politically engaged with Iran so that there is a better appreciation of each other’s sensitivities and compulsions.
With inputs from:
https://indianexpress.com/article/explained/explained-in-china-iran-indias-concerns-6511177/
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Uniform curriculum in schools across India
The Supreme Court has refused to entertain a plea for a uniform and common curriculum for school students between aged six and 14 across the country rather than have diverse ones such as the CBSE, the ICSE and State Board.
Practice question for mains:
Q.Discuss the efficacy of the One-Nation- One-Board System and its limitations.
Background
- Schools in India are mainly columned primarily into 4 boards of education, namely CBSE, ICSE and IB (International Baccalaureate).
- In total, there are 41 boards of education throughout India.
- These different boards of education have different syllabuses, which creates a knowledge gap among school students.
- To curate this gap, syllabuses of every board for the Indian schools are being brought at par.
What was the plea before the Supreme Court?
- The petition asked considering the setting up of a National Education Council/Commission and following a “one-nation-one-board” system in which the ICSE is merged with the CBSE.
- It urged a standard textbook with chapters on fundamental rights, duties, directive principles and the golden goals set out in the Preamble.
- It asked to make the study compulsory for all the children aged 6-14 years throughout the territory of India.
Why did the court refuse?
- Uniform curriculum was a “matter of policy” and the judiciary could not “command” the government said the Supreme Court bench.
Pros of common curriculum
- The Article 21A of the Constitution has the RTE (Right to Education) Act says that every child in the age of 4 to 16 should be given free and compulsory education.
- To keep a check on that, a common syllabus throughout the country is required. This will help all the students to be on par with education.
- With a common syllabus throughout the country, no student will lag behind in education and hence, this will help them prepare better for competitive examinations or admission tests beyond school level for the outside world.
- Politics, in some cases, influence the education system which is very unfair for the students. Some state boards prefer the admission of students from their own region and willingly keep the seats of colleges and universities occupied for students passing their 12th standard from their state boards.
- A common syllabus would also mean that there would be no discrimination regarding quality education on the basis of caste, creed, social, religious beliefs or economic backgrounds.
- It will provide an unbiased ground of learning and development of the young ones, which may turn out to be very beneficial in future.
- At present, some of the state boards are not updating their syllabus frequently as per the changes in society. This loophole will be eliminated with the introduction of the uniform syllabus in India.
Limitations
- Students may miss learning things specific to their region and their culture. This can be a threat to diversity.
- Current school students might get affected or stressed out on a sudden change of syllabus.
- An abrupt change in the syllabus may hamper the stability of a student with the academics which will not be a good turn.
- A new set of the syllabus will bring in more workload on teachers and parents too.
Conclusion
- Uniform education system having common syllabus and common curriculum would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations.
- It would enhance virtues and improve the quality of life, elevate the thoughts, which advance the constitutional philosophy of equal society.
- Though the government has been trying to put up with equality in education, the barriers have been inevitable to date.
- A common syllabus seems to be a wise option, but it is yet to be implemented over the entire country.
With inputs from:
https://www.groupdiscussionideas.com/common-syllabus-throughout-indian-schools-pros-cons/
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From UPSC perspective, the following things are important :
Prelims level: Highlights of the Judgment
Mains level: Issues over Speaker's discretion in Anti-defection
The 28 YO Kihoto Hollohan judgment has found its relevance in the case of ousted Rajasthan Dy. CM and some MLAs who were issued a notice under the anti-defection law.
Try this question from CSP 2019:
Q.The Ninth Schedule was introduced in the Constitution of India during the prime-ministership of:
(a) Jawaharlal Nehru
(b) Lal Bahadur Shastri
(c) Indira Gandhi
(d) Morarji Desai
Under debate: Speaker’s power
- The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
- Since no action was taken by the Speaker on the disqualification petitions, a writ petition was filed before the High Court of Manipur in Imphal seeking directions to decide on the petition.
- However, the court did not pass an order.
- It said that the larger issue of whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
- The parties are left with the option to move the apex court or wait for the outcome of the cases pending before it.
The Kihoto Hollohan Judgment
- The 1992 judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
- Nor would interference be permissible at an interlocutory stage of the proceedings said the Supreme Court.
- The only exception for any interlocutory interference can be cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.
Free speech
- The ruling party in Rajasthan has challenged the constitutionality of Paragraph 2(1)(a) of the Tenth Schedule which makes “voluntarily giving up membership of a political party” liable for disqualification.
- The MLAs have said the provision infringes into their right to express dissent and is a violation of their fundamental right to free speech as a legislator.
- The Rajasthan HC Bench explained that the reason for limiting the role of courts in ongoing defection proceedings is that the “office of the Speaker is held in the highest respect and esteem in parliamentary traditions.
Exceptions to the Kihoto Judgment
- The judgment had said that even the scope of judicial review against an order of a Speaker or Chairman in anti-defection proceedings would be confined to jurisdictional errors.
- That is if its infirmities are based on a violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity.
Back2Basics
Explained: Anti-defection law and its evolution
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation Commission
Mains level: Delimitation of constituencies
The Election Commission has red-flagged the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland, calling it “unconstitutional” and “illegal”. When delimitation last took place in the rest of the country in 2002-08, these states had been left out.
Try this question from CSP 2017:
Q.Consider the following statements:
- The Election Commission of India is a five-member body.
- Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
- Election Commission resolves the disputes relating to splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only
What is delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
- In this process, the number of seats allocated to a state may also change.
- The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.
- The Delimitation Commission’s orders cannot be questioned before any court.
Legal status
- Delimitation is carried out by an independent Delimitation Commission (DC).
- The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.
How is delimitation carried out?
- Under Article 82, the Parliament enacts a Delimitation Act after every Census.
- Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.
- The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
- The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
- All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.
Northeast’s concerns
- In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions overuse of the 2001 Census.
- The Centre’s move to club the four with J&K comes in the backdrop of unrest in the region over CAA.
Why were these four states left out in 2002-08?
- In Arunachal Pradesh, Assam, Manipur and Nagaland, various organisations had moved the Gauhati High Court against the 2002-08 exercise, challenging the use of the 2001 Census for reference.
- From Assam, an all-party delegation met then Home Minister pleading that delimitation is called off because the National Register of Citizens (NRC) was yet to be updated.
- The Delimitation Act was amended in 2008, and on February 8, 2008, Presidential orders were issued to defer delimitation in these four states.
So, when did the government decide to resume delimitation?
- In February this year, President Kovind cleared the decks for the resumption of the delimitation exercise in the four states by cancelling the earlier order.
- It noted that there had been a reduction in insurgency incidents, making the situation conducive for carrying out delimitation.
Will delimitation change the number of seats in these states?
- Not in the four Northeast states. There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
- Delimitation will only redraw the boundaries of seats in each state and can rework the number of reserved seats for SCs and STs.
- However, because of exceptional past circumstances, Jammu & Kashmir’s Assembly seats will now increase from 107 to 114, which is expected to increase the Jammu region’s representation.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Kaziranga NP
Mains level: Floods in India
As a fresh wave of floods ravages Assam, killing, 85 per cent of the Kaziranga National Park and Tiger Reserve (KNPTR) remains submerged.
Try this question from CSP 2019:
Q.Consider the following statements:
- Asiatic lion is naturally found in India only.
- Double-humped camel is naturally found in India only.
- One-horned rhinoceros is naturally found in India only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Kaziranga National Park and Tiger Reserve
- The KNTPR is a national park in the Golaghat, Karbi Anglong and Nagaon districts of the state of Assam.
- The sanctuary, which hosts two-thirds of the world’s great one-horned rhinoceroses, is a World Heritage Site.
- Kaziranga is home to the highest density of tigers among protected areas in the world and was declared a Tiger Reserve in 2006 (now the highest tiger density is in Orang National Park, Assam).
- The park is home to large breeding populations of elephants, wild water buffalo, and swamp deer.
- It is also recognized as an Important Bird Area by BirdLife International for the conservation of avifaunal species.
Significance of floods in Kaziranga’s ecosystem
- The entire area of Kaziranga — formed by alluvial deposits from the Brahmaputra and its tributaries — is centred on the river.
- There is a consensus that floods are necessary for Kaziranga by virtue of it being riverine ecosystem.
- The regenerative nature of floods helps replenish Kaziranga’s water bodies and maintain its landscape, a mix of wetlands, grasslands and semi-evergreen deciduous forests.
- The floodwaters also function as a breeding ground for fish.
- The same fish are carried away by the receding waters into the Brahmaputra — in a way, the park replenishes the river’s stock of fish too.
- The waters also help get rid of unwanted plants such as water hyacinth which collect in huge masses in the landscape.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ESZs and its regulation
Mains level: Significance of ESZ
The Environment Ministry has approved the Zonal Master Plan (ZMP) for the Bhagirathi Eco-Sensitive Zone.
Note the following things with respect to the ESZs:
1) Its demarcation
2) Law/Regulation providing it
3) Boundary restrictions
Bhagirathi ESZ
It covers a watershed of about 100 kilometres stretch of the river Bhagirathi from Gaumukh to Uttarakashi covering an area of 4179.59 square km.
What are the Eco-sensitive Zones (ESZs)?
- Eco-Sensitive Zones (ESZs) or Ecologically Fragile Areas (EFAs) are areas notified by the MoEFCC around Protected Areas, National Parks and Wildlife Sanctuaries.
- The purpose of declaring ESZs is to create some kind of “shock absorbers” to the protected areas by regulating and managing the activities around such areas.
- They also act as a transition zone from areas of high protection to areas involving lesser protection.
How are they demarcated?
- The Environment (Protection) Act, 1986 does not mention the word “Eco-Sensitive Zones”.
- However, Section 3(2)(v) of the Act, says that Central Government can restrict areas in which any industries, operations or processes or class of industries, operations or processes shall be carried out or shall not, subject to certain safeguards.
- Besides Rule 5(1) of the Environment (Protection) Rules, 1986 states that central government can prohibit or restrict the location of industries and carrying on certain operations or processes on the basis of certain considerations.
- The same criteria have been used by the government to declare No Development Zones (NDZs).
Defining its boundaries
- An ESZ could go up to 10 kilometres around a protected area as provided in the Wildlife Conservation Strategy, 2002.
- Moreover, in the case where sensitive corridors, connectivity and ecologically important patches, crucial for landscape linkage, are beyond 10 km width, these should be included in the ESZs.
- Further, even in the context of a particular Protected Area, the distribution of an area of ESZ and the extent of regulation may not be uniform all around and it could be of variable width and extent.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ASPIRE Portal
Mains level: Not Much
The International Centre for Automotive Technology (ICAT) is developing a technology platform for the automotive industry called ASPIRE – Automotive Solutions Portal for Industry, Research and Education.
Try this MCQ:
Q.The recently launched ASPIRE Portal deals with:
a) Aspirational Districts
b) Primary Education
c) Industrial Clusters
d) Automotive Technology
ASPIRE Portal
- The key objective of this portal is to facilitate the Indian Automotive Industry to become self-reliant by assisting in innovation and adoption of global technological advancements.
- It aims to bring together the stakeholders from various associated avenues.
- This includes bringing together the automotive OEMs, Tier 1 Tier 2 & Tier 3 companies, R&D institutions and academia (colleges & universities) on matters involving technology advancements.
- The activities would include R&D, Product Technology Development, Technological Innovations, Technical and Quality Problem Resolution for the industry, Manufacturing and Process Technology Development etc.
- Apart from acting as a solution and resource platform, the portal will also host grand challenges in line with the need of the industry as will be identified from time to time, for development of key automotive technologies.
About ICAT
- International Centre for Automotive Technology (ICAT) is located at Manesar in Gurugram district of Haryana.
- It is a govt entity owned by the Ministry of Heavy Industries.
- It has facilities for vehicle homologation and also testing laboratories for noise, vibration and harshness (NVH) and passive safety.
- It also includes a powertrain laboratory, engine dynamometers, emission laboratory with Euro-V capability, a fatigue laboratory, passive safety laboratory, and vehicle test tracks.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Non-personal data
Mains level: Paper 3- Issue of data sharing
This is the age of Big data. Even after anonymising it, we gain useful information using analytical tools. So, given its potential, there is a call for treating the public data as a public good. This article analyses the suggestion of Kris Gopalakrishnan panel in this regard.
Why data matter
- By one brave count, the world generates over 2.5 quintillion bytes of data every day.
- A significant chunk of it is highly valuable.
- With the increasing sophistication of tools designed to analyse it, the value of the data is increasing further.
- This analysis of data can yield market patterns, traffic predictions, epidemic risks and much more.[Remember why Google shows you only particular ads.]
- Data need not be either big or personal for it to be highly sought after.
Non-personal data: A public good
- Would it not be better if at least some data were treated as a public good?
- Treating it as a public good will allow its open use by startups, do-gooders and government bodies.
- Dealing with such questions, a centre-appointed panel, headed by Infosys co-founder Kris Gopalakrishnan, submitted its draft report on the regulation of non-personal data in India.
- “Non-personal data” is defined as that which is either devoid of people’s details or anonymized to prevent individual identification.
Proposals of Kris Gopalan panel
- The panel has proposed a new data authority to regulate non-personal data.
- It has also outlined the need of a framework that would require companies to share its databanks with others.
- Sharing of databank will help the country catalyse business innovation, bolster India’s startup ecosystem, and help governments and local authorities frame data-enriched public policies.
Challenges
- What data a private entity can be forced to disclose must follow a commonly accepted set of principles.
- Data authority demanding companies to share data painstakingly acquired often with large sums invested to acquire it won’t work.
- Also, if sharing data blunts companies’ strategic edge over competitors, they would probably appeal against it in court.
- If enterprises fear that their confidential learnings could be threatened by intrusive data authority, then the cause of innovation would actually be set back.
Way forward
- A clear set of guidelines could be set down that specify what sort of data qualifies as a public good and must be kept open to all.
- For other kinds of data, maybe a market mechanism could evolve that lets various parties bid for privately-held information.
Consider the question “There is a growing demand for treating the non-personal data as a public good. What are the benefits and challenges of treating the non-personal data as public good?
Conclusion
Given its potential, big data does deserve regulation. But it needs to be done with clarity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Trade surplus
Mains level: Paper 3- India's import and exports
India registered a trade surplus after almost two decades. But this is not the result of a sudden rise in India’s export. It is due to subdued import indicating the low demand.
What latest data indicate
- Data released by the commerce ministry indicate a contraction in exports observed over the past few months easing slowly.
- But the continuing contraction in import which indicates low demand is worrying.
- This is trend is leading to the growing gap between import and export.
India registered a trade surplus: what it indicates
- This growing gap led to India registering a trade surplus of nearly $800 million in June.
- This is the first time in almost two decades that the country has registered a trade surplus.
- But does this mean that India’s exports have grown drastically?
- No. It is a sign of collapse in domestic demand.
Merchandise exports growing trends
- India’s merchandise exports continue to witness an upward swing.
- The pace of contraction fell to 12.4 per cent in June, from 36.2 per cent in May and 60 per cent in April.
- Exports of items such as iron ore, drugs and pharmaceuticals, chemicals and various agricultural commodities saw an expansion in June.
What growing exports and falling import indicate
- An upswing in exports could be indicative of a faster recovery of India’s export partners.
- Restrictions on economic activities in some of these countries had eased earlier.
- Other reason could be the rush by Indian exporters to ship out orders to meet their seasonal deadlines.
- Imports continue to remain deep in negative territory.
- The contraction in non-oil exports has actually worsened with decline observed in both consumer and investment/industrial goods imports.
- Some movement is visible in imports of electronic goods.
- But the import of machinery and transport equipment has not moved significantly.
- Of the 30 main import items, only four registered mildly positive growth in June — this indicates the pace of the domestic slowdown.
Conclusion
Economic activities across the world will take time to return to normalcy, India’s exports will take time to reach pre-COVID levels. It seems that the chasm between exports and imports could persist, given the plateauing of the post-lockdown spurt in demand/production.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Centralisation in Education
The article tracks the evolution of the India education system after Independence. While the decentralisation and active encouragement underscores the initial years, recent trends shows a growing emphasis on centralisation.
How Government support contributed to rise of educational institutions
- In the initial decades after Independence, the government was conscious of various social, economic and financial challenges.
- So, the government strongly supported universities, encouraging them to further develop an academic .
- The IITs and IIM along with institutions of academic excellence like the IISc, Indian Statistical Institute, and JNU emerged as model institutions.
- The institutional and academic autonomy offered was central to their emerging as premier institutions.
- Other universities revised curricula and set about the task of reforming the university as a space for healthy academic engagement.
Rise of decentralisation in collective decision making
- The above changes were marked by the growing importance of various large representative institutional bodies.
- For example, institutional bodies like faculty committees, committees of courses, board of studies, university senates, academic councils and executive councils grew in importance.
- These bodies oversaw the administrative and academic functioning of the university and ensured collective decision-making.
- Debate over ideological positions, scholarly beliefs shaped the process of nation-building in independent India.
Policy changes and its impact (2005-15)
- The constitution of the National Knowledge Commission and privatisation of education undermined the deliberative and independent character of these institutions of higher education.
- Administrative and academic decisions were imposed from above.
- Discussions within various academic bodies were discouraged.
- The imposition of the semester system and a four-year undergraduate programme in many public and private universities were hallmarks of this new era of bureaucratic centralisation.
- The academic achievements of scholars from Indian universities were undermined.
- Those in positions of authority within the universities were encouraged to undermine academic bodies and limit their role.
New government intervention after 2015
- Futher changes were introduced starting from 2015.
- Choice Based Credit System was introduced and there were renewed attempts to privatise higher education linked to an emphasis on rankings.
- The government started to look into minute details pertaining to academic curricula, the teaching-learning process and the parameters that governed academic research within the university.
Centralisation in Covid-19 pandemic
- The centralisation trend intensified with the outbreak of the COVID-19 pandemic.
- The Central government and the University Grants Commission have imposed themselves on the daily functioning of all higher educational institutions.
- This represents a new government-oriented bureaucratic centralisation.
- Decisions about the conclusion of academic term, the modalities for evaluation and the conduct of the teaching-learning process have become exclusive government prerogatives.
- The various academic bodies that had original jurisdiction over these matters have been made redundant.
- How and whether examinations are to be conducted has become an issue of contention between State and Central governments.
Consider the question “Centralisation of the decision making instead of at institutional level in educational institutions and universities lies at many woes of the higher education in India. Comment.”
Conclusion
The time has come for institutions of higher education in India to recover their lost voice and restore the fertile academic space where ideas are discussed and debated rather than suppressed and dismissed.
Original article:
https://www.thehindu.com/opinion/lead/the-lost-voice-of-the-indian-university/article32105945.ece
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 5G Technology
Mains level: 5G Technology and the Huawei issue
One of India’s business tycoon recently announced that his company’s telecom venture has designed and developed from scratch, a complete indigenous 5G solution ready for deployment.
Try this question from CSP 2019:
Q.With reference to communication technologies, what is/are the difference/differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)?
- LTE ‘is commonly marketed as 3G and VoLTE is commonly marketed as advanced 3G.
- LTE is data-only technology and VoLTE is voice-only technology.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
What is 5G?
- 5G or fifth generation is the latest upgrade in the long term evolution (LTE) mobile broadband networks.
- The first generation of networks allowed only mobile voice calls to be made, while the second generation allowed mobile voice calls as well as sending of short text messages.
- It was the third generation or 3G network which allowed web browsing on mobile devices, the speed and latency of which improved with fourth-generation or 4G networks.
- The 5G networks will have even faster speeds with latency down to between 1-10 milliseconds.
(Note: Latency is the time a device takes to communicate with the network, which stands at an average of up to 50 milliseconds for 4G networks across the world.)
How does 5G work?
All 5G networks chiefly operate on three spectrum bands.
- The low-band spectrum has been proven to have great coverage and works fast even in underground conditions. However, the maximum speed limit on this band is 100 Mbps (Megabits per second).
- In the mid-band spectrum, though the speeds are higher, telcos across the world have registered limitations when it comes to coverage area and penetration of telephone signals into buildings.
- The high-band spectrum offers the highest speed but has extremely limited network coverage area and penetration capabilities.
The telcos using this band rely on the existing LTE networks and will need to install a number of smaller towers to ensure adequate coverage and high-speed performance.
What does it mean to be 5G ready?
- Globally many companies have been deploying 5G networks across their service areas as early as 2018.
- Not only the network, but the devices will also have to be 5G ready for customers to be able to enjoy the maximum benefits of the latest upgrade in mobile broadband.
- One of the major improvements in 5G is the use of beam tracking to follow all devices on the network to ensure consistent connection in real-time for the device.
- 5G networks are also designed to multiple-input multiple-output (MIMO) efficient which improves signal throughput for all devices on the network.
Where does India stand on the deployment of 5G?
- Companies, both telecom service providers and their equipment vendors, have completed lab trials of 5G network components but are yet to commence field trials, which were initially scheduled to happen last year.
- For the same, telecom companies are awaiting allocation of test spectrum from the Department of Telecommunications (DoT).
- The service providers have already tied up with equipment makers like Nokia, Ericsson, etc for deploying their 5G networks.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Animal sacrifice and associated issues
The Supreme Court has agreed to examine the constitutional validity of the Kerala Animals and Birds Sacrifices Prohibition Act of 1968 that prohibits sacrifice of animals and birds in temples to ‘please’ the deity.
Try this question for mains:
Q. The ritual slaughters of animals in India is a greater ethical issue than a legal one. Analyse.
The dichotomy over ritual slaughter
- The Supreme Court is set to analyse how the Prevention of Cruelty to Animals Act of 1960 allows the killing of animals but prohibits cruelty to animals.
- It highlighted the “dichotomy” in animal protection law that allows the killing of animals for food but does not permit “killing of animals for an offer to a deity and then consumption”.
Why did SC interfere?
- However, the 1968 Kerala law bans the killing of animals and birds for religious sacrifices but not for personal consumption.
- This amounted to arbitrary classification.
Legal protections to Animal sacrifice
- The Kerala Act criminalizes the intent behind the animal sacrifice and not animal sacrifice per se.
- If the sacrifice is not for propitiating any deity but for personal consumption even in the precincts of the temple, it is not forbidden.
- Section 28 of the Prevention of Cruelty to Animals, 1960 does not make the killing of animals for religious purposes and offence.
Appeal citing the necessity of the practice
- The oral remarks came in an appeal filed by P.E. Gopalakrishnan and some others, who are Shakthi worshippers, and for whom, animal sacrifice is an integral part of the worship.
- In their appeal, they said the animal sacrifice was an “essential religious practice” and the High Court had no power to interfere.
Why animal sacrifice needs a rethink?
- All religions call for compassion, no religion requires killing or eating animals and hacking animals to death with weapons.
- The way executioners handle, transport and kill animals for sacrifices typically violates animal transport and slaughter laws, making it a punishable offence.
- There exist ample ambiguities in religious texts over allowing the ritual slaughter of animals.
- Moreover, the practice of animal sacrifice normalizes killing and desensitizes humans to violence against animals.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Manhattan Project, WW2 and related stories
On this day, exactly 75 years ago, US scientists tested ‘Gadget’— the world’s first atomic bomb — in what was dubbed as the ‘Trinity Test’.
Practice question for mains:
Q.What is the Manhattan Project? Describe its consequences on the post-world war scenario.
The Trinity Test
- The super bomb, nicknamed ‘Gadget’, was built by a team of scientists at a top-secret site in Los Alamos, New Mexico.
- It was developed as part of the US-led Manhattan Project, which sought to build nuclear weapons to give the allied forces an edge over Germany, Japan and Italy in World War 2.
- Very soon after the Trinity test, an identical nuclear bomb called ‘Fat Man’ was dropped on the Japanese city of Nagasaki, killing tens of thousands of people.
- Before it detonated, the scientists had placed bets on what could happen. Some believed that the bomb would be a dud and would fail to explode.
What was the Manhattan Project?
- Germany initiated World War II by invading Poland.
- A letter signed by Nobel prize-winning physicist Albert Einstein warned then-US President Franklin D Roosevelt of the potential threat posed by an atomic weapon being developed by Adolf Hitler.
- Soon after, the US launched a secret atomic research undertaking, code-named the Manhattan Project, which sought to develop an atomic weapon to end the war.
Execution of the project
- The Project remained a relatively small-scale initiative for the next two years.
- It was only after the bombing of Pearl Harbour the project was officially kicked into gear.
- By December 1942 facilities were established in remote locations across the US, as well as in Canada.
- However, the superbomb was finally designed and conceptualized by a team of scientists at a top-secret laboratory in Los Alamos.
- The Los Alamos team developed two types of bombs — one was uranium-based, which was later code-named ‘the Little Boy’ before it was dropped on Hiroshima; the other had a plutonium core.
Looping-in nuclear physicists
- The project brought together some of the country’s leading atomic experts as well as exiled scientists and physicists from Germany and other Nazi-occupied nations.
- The team at Los Alamos was headed by J Robert Oppenheimer, a physics professor at the University of California, Berkeley.
- Oppenheimer later came to be known as the “father of the atomic bomb”.
- His team included famous Danish scientist Niels Bohr and Italian scientists Enrico Fermi.
What were the repercussions of the Trinity Test?
- New Mexico residents were pointedly not warned before the test, to ensure that it was carried out secretly.
- Data collected by the New Mexico health department, which showed the adverse impact of radiation caused by the detonation, was ignored for years after the test.
- A sudden rise in infant mortality was reported in the months after the explosion. Several residents also complained that the number of cancer patients went up after the Trinity Test.
- The dust outfall from the explosion was expected to have travelled nearly 100 miles from the test site, posing a serious threat to residents in the area.
- Many families complained that their livestock suffered skin burns, bleeding and loss of hair.
Impact of bombing on Japan
- The Hiroshima and Nagasaki bombings are known to have killed well over 200,000 people — many of whom succumbed to radiation poisoning in the weeks after the blasts.
- The uranium bomb in Hiroshima on August 6, 1945, destroyed around 70 per cent of all buildings and caused around 140,000 deaths by the end of 1945.
- The plutonium bomb explosion over Nagasaki, which took place three days later, killed 74,000 people that year, according to International Campaign to Abolish Nuclear Weapons (ICANW) data.
- After seeing the destruction caused to the two Japanese cities, Oppenheimer publicly admitted that he regretted building a bomb that could cause an apocalypse.
Nuclearisation of the world thus began
- Seventy-five years after the Trinity Test, as many as nine countries around the world are currently in possession of nuclear weapons.
- These include the US, the UK, Russia, France, India, China, Israel, Pakistan and North Korea.
- At least eight countries have detonated over 2,000 nuclear test explosions since 1945.
- The most recent instance of nuclear bomb test explosions conducted by India, were the series of five explosions done as part of the Pokhran-II tests in May 1998.
- The first test, code-named Smiling Buddha, took place in May 1974.
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