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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Governors can’t sit on Bills passed by Assembly: Supreme Court

    SC Judgements | Polity | Mains Paper 2: Parliament & State Legislatures

    governor

    Central Idea

    • In a significant ruling, the Supreme Court has asserted that a State Governor cannot obstruct crucial bills passed by a State Legislature.
    • The court delivered this verdict in response to a writ petition filed by the Punjab government.
    • The Punjab government approached the Supreme Court, challenging Governor Banwarilal Purohit’s decision to withhold some bills, alleging the legislative session’s illegitimacy.

    SC Ruling on Governors Bill Withholding

    • Court’s Warning: The court sternly warned the Governor that he was “playing with fire” and directed him to make a decision regarding these pending bills presented to him for assent.
    • Power of Elected Representatives: Emphasizing the supremacy of elected representatives in a parliamentary democracy, the court highlighted that real power resides with them.
    • Governor’s actual Role: The court underscored that the Governor’s role is that of a constitutional statesman guiding the government on constitutional matters.

    Governor’s Grounds for Delay

    • Governor’s Grounds: Governor Purohit contended that the Assembly session was “patently illegal” because the Speaker had adjourned the Budget Session sine die in March without proroguing it.
    • Special Assembly Sitting: He refused to consider the proposed laws passed in a special June sitting, arguing that they were in breach of Punjab Vidhan Sabha Rules.
    • Court’s Disagreement: The court disagreed with the Governor’s claims, stating that the Speaker acted within his rights in adjourning the House sine die.
    • Constitutional Validity: The court upheld the Speaker’s authority and stressed that it was not constitutionally valid for the Governor to question how the Speaker conducted the House’s affairs.

    Court’s Disagreement with the Governor

    • House’s Autonomy: The court affirmed that each legislative house has the right to be the sole judge of the legality of its own proceedings.
    • Legitimate Session: It found that the June 19-20 legislative session adhered to Rule 16 of the Punjab Vidhan Sabha Rules, rejecting any doubts cast on its legitimacy.
    • Democratic Peril Warning: The court cautioned that any attempts to challenge the legislative session could pose a grave peril to democracy.

    Governor’s Role Defined

    • No Judgment on Prorogation: The court questioned the Governor’s right to sit in judgment on whether the session was prorogued and emphasized that the Speaker’s decisions on adjournments governed the House.
    • Avoiding Perpetual Session: While acknowledging the Speaker’s authority, the court cautioned against exploiting the sine die adjournment to perpetually avoid prorogation.

    Conclusion

    • The Supreme Court’s verdict reiterates the importance of upholding legislative proceedings and the authority of elected representatives.
    • It underscores that Governors should respect the autonomy of legislative houses and not obstruct the passage of bills based on perceived procedural violations.
    • This landmark decision ensures the preservation of democratic principles and the effective functioning of State Legislatures.

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  • Start-up Ecosystem In India

    What start-ups get wrong: Lessons from WeWork

    op-ed snap | Economics | Mains Paper 3: Indian Economy

     

    What Do Most Startups Get Wrong About Marketing? - Top Digital Agency

    Central idea

    WeWork’s rise and fall highlight the risks of market confusion, flawed strategies, and capital mismanagement for entrepreneurs. The lesson is to learn from mistakes, align strategies with industry needs, and wisely respect and utilize capital for lasting success. Build businesses with a clear market understanding, thoughtful strategies, and prudent financial management.

    Quotes and key phrases for mains value addition

    • “Cautionary tale of what entrepreneurship is not.”
    • “Entrepreneurship is the pursuit of unrealistic ambition against odds.”
    • “WeWork confused a large market with a large addressable market.”
    • “Blitzscaling – prioritizing growth over avoiding losses – formulated by Reid Hoffman.”
    • “How much money you spend to make the money you make matters.”
    • “Boards that act as hearing aids, mirrors, and seat belts.”
    • “Society benefits from innovation but doesn’t know which ventures will succeed.”
    • “Most startups fail, society only needs a few successes for gains.”
    • “Rise and fall of WeWork suggests caution for entrepreneurs about presentism.”
    • “Learn from experience, not just through experience.”

    Key Highlights:

    • WeWork’s Rise and Fall: WeWork went from a startup with a $47 billion valuation to bankruptcy, cautioning against presentism in entrepreneurship.
    • Entrepreneurial Reality: Most startups fail, but society benefits from the innovation, productivity, and job creation that successful ventures bring.

    Challenges:

    • Market Confusion: WeWork misunderstood its market, confusing office space with the addressable market for co-working spaces, leading to a flawed strategy.
    • Blitzscaling Misapplication: The concept of blitzscaling, prioritizing growth over avoiding losses, doesn’t universally apply, and WeWork’s attempt in property leasing proved unsuccessful.
    • Capital Mismanagement: WeWork excelled at fundraising but failed to respect and utilize capital effectively, overlooking the importance of return on equity.
    • Governance Issues: WeWork’s board allowed questionable actions by founder Adam Neumann, compromising integrity, and applauding instead of questioning decisions.
    • Sustainability Neglect: WeWork’s culture discouraged dissent, hindering a balance between short-term gains and long-term corporate health.

    Analysis:

    • Addressable Market Confusion: WeWork’s mislabeling of itself as a “tech-enabled physical, social network” led to unrealistic ambitions and unsustainable business practices.
    • Blitzscaling Misfit: Blitzscaling, effective in specific markets, didn’t suit property leasing, highlighting the importance of aligning strategies with industry dynamics.
    • Capital Management Lesson: The quantity of capital raised couldn’t compensate for the lack of a solid strategy, emphasizing the importance of smart spending.
    • Governance Oversight: Weak governance allowed unchecked actions by the founder, showcasing the need for vigilant boards to ensure ethical practices.
    • Cultural Impact: WeWork’s culture stifled dissent, hindering a healthy exchange of ideas between thinkers and doers, impacting long-term sustainability.

    Key Data:

    • WeWork’s Funding: WeWork raised $16 billion in equity and $19 billion in debt, showcasing significant financial backing.

    Key Terms:

    • Blitzscaling: The strategy of prioritizing rapid growth over avoiding losses, proven effective in specific industries.

    Way Forward:

    • Learn from Mistakes: Entrepreneurship requires learning from failures, and the WeWork example highlights the importance of reflection for future success.
    • Strategic Alignment: Entrepreneurs must align strategies with the nature of their industry, avoiding misapplications like blitzscaling in unsuitable markets.
    • Capital Respect: Fundraising is crucial, but respecting and utilizing capital wisely is equally important for sustained success.
    • Enhanced Governance: Strong governance practices, including vigilant boards, are essential to prevent unethical actions and ensure long-term corporate health.
    • Cultural Adaptation: Encourage a culture that values dissent and promotes a healthy balance between short-term gains and long-term corporate sustainability.

    In conclusion, WeWork’s downfall serves as a lesson in avoiding presentism in entrepreneurship, emphasizing the need for strategic alignment, effective capital management, vigilant governance, and a culture that encourages diverse perspectives.

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  • Human Development Report by UNDP

    This Diwali season, let’s focus on tradition, family — not smartphones

    op-ed snap | Indian Society | Mains Paper 1: Salient features of Indian Society

    Diwali Celebration in India 2019 - How Diwali is Celebrated in India?

    Central idea

    Diwali celebrates relationships with traditions, but modern challenges like too much focus on oneself and lack of understanding hurt connections. To improve, we need to balance our personal space, be genuine, spend quality time, and fix how we communicate. Diwali reminds us to make our relationships brighter by fixing these things.

    Key Highlights:

    • Diwali as Celebration of Relationships: Diwali is a celebration of relationships, encompassing various bonds such as family, friends, and societal connections.
    • Rituals Reflecting Values: Traditional Diwali rituals symbolize prosperity, good health, and artistic talents, emphasizing the importance of these aspects in our lives.
    • Relationship Cultivation Discourse: The academic discourse on relationship cultivation has primarily been within corporate contexts, like public relations and industrial relations.

    Challenges:

    • Individualism vs. Collective Spirit: The modern emphasis on personal space and individual choice sometimes overlooks the importance of the collective spirit, leading to potential fragmentation of relationships and societies.
    • Understanding Relationship Prerequisites: A lack of understanding about the key elements essential for strong relationships, such as mutual needs and genuine intentions.
    • Time Investment: In the era of the “attention economy,” there’s a growing trend of seeking maximum returns with minimal time investment, impacting the depth and quality of relationships.
    • Communication Challenges: Poor language skills, influenced by smartphone habits, contribute to challenges in dialogues and conversations. The rise of “phubbing” (snubbing in favor of phones) can negatively impact relationships.

    Analysis:

    • Impact of Individualism: Extreme individualist thinking can contribute to the breakdown of collective values, leading to the fragmentation of families and societies.
    • Relationship Sustainability: Genuine intentions and mutual needs are identified as foundational elements for sustainable relationships.
    • Time as a Critical Investment: Adequate investment of time, especially quality time, is crucial for the evolution and maintenance of relationships.

    Key Data:

    • 2017 Study on Phubbing: Meredith E David and James Roberts conducted a study indicating that phubbing can lead to a decline in crucial adult relationships, particularly with life partners.

    Key Terms for mains value addition:

    • Phubbing: The practice of snubbing others in favor of mobile phones, identified as a detrimental factor in relationships.

    Way Forward:

    • Balancing Individualism and Collectivism: Finding a balance between personal space and the collective spirit to strengthen relationships.
    • Promoting Genuine Intentions: Emphasizing the importance of authentic emotions and intentions in building and sustaining relationships.
    • Conscious Time Investment: Encouraging stakeholders to invest adequate and quality time in various relationships, acknowledging its importance in relationship dynamics.
    • Addressing Communication Challenges: Recognizing the impact of smartphones on interpersonal communication and striving for more authentic and meaningful conversations.

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  • Digital India Initiatives

    The U.S.’s signal of a huge digital shift

    | Economics | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Central idea

    The U.S. changed its digital trade stance, wanting more control over Big Tech and AI. China’s rise influenced this, creating a possible digital Cold War. Developing nations should make strong digital rules but avoid depending too much on the U.S. or China.

    Key Highlights:

    • The U.S. withdrawal from key digital trade positions at the WTO signifies a shift in global digital dynamics.
    • The move is prompted by the recognition of the need for domestic policy space to regulate Big Tech and AI, impacting data flows, source code, and computing facilities.
    • The China factor emerges as a significant reason behind the U.S. decision, as a digital Cold War scenario looms between the U.S. and China.

    Challenges:

    • The potential split of the global digital space into U.S. and China-led blocs poses challenges for countries caught in the crossfire.
    • Developing nations must navigate the risk of digital dependencies on either the U.S. or China, avoiding entanglement in a new form of digital Cold War.

    Key Phrases:

    • Digital colonisation and extractive nature.
    • Digital trade proposals as an agenda at plurilateral trade negotiations and the WTO.
    • The flat world concept and its evolution into a split digital world.

    Analysis:

    • The withdrawal is seen as a shift from the flat world narrative, with the U.S. adapting to a more complex digital landscape influenced by the rise of China.
    • The U.S. emphasis on preserving policy space for domestic regulation highlights the recognition of the importance of digital control in the era of Big Tech and AI.

    Key Data:

    • The U.S. withdrawal in late October from digital trade positions at the WTO.
    • China’s active participation in global digital trade negotiations and its potential to outsmart the U.S. digitally

    Key Terms to enrich your upsc mains answer:

    • Digital colonisation.
    • ICT4D (Information and Communication Technologies for Development).
    • Digital Cold War.
    • Digital industrial policies.
    • Global-scale interoperability.

    Way Forward:

    • Developing countries should leverage the global consensus on the need for strong digital regulations to shape new paradigms for national digital regulation.
    • Resistance against falling into a digital Cold War trap, emphasizing the creation of open global standards and digital public infrastructures for genuine global interoperability.

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  • Judicial Reforms

    Revamping the criminal justice system to fit the bill

    op-ed snap | Polity | Mains Paper 2: Executive & Judiciary

    Central idea

    The government wants to change some important laws in India, causing questions about making them more modern and fair. The study says that the government should be very careful when making these changes to ensure that the new laws are fair and work well. The main idea is to check and fix the laws to make sure they are right for today.

    Core Laws Replacement Bills
    Indian Penal Code (IPC), 1860 Bharatiya Nyaya Sanhita Bill
    Code of Criminal Procedure (CrPC), 1973 Bharatiya Nagarik Suraksha Sanhita Bill
    Indian Evidence Act (IEA), 1872 Bharatiya Sakshya Bill

     

    Definitions and drafting of new bills

    • Mental Illness Exception in IPC Replacement Bill: The new Bill, replacing the IPC, introduces a provision exempting individuals suffering from mental illness from being considered offenders. This marks a shift from the previous term “unsound mind.”
    • Definition Alignment with Mental Healthcare Act, 2017: The definition of mental illness in the Bill aligns with the Mental Healthcare Act, 2017, aiming to provide medical treatment to those with mental illness. Notably, mental retardation or incomplete development is excluded, while abuse of alcohol or drugs is included.
    • Differential Exemption Based on Condition: The new Bill grants full exemption to individuals addicted to alcohol or drugs under the mental illness exception. However, those unable to understand the consequences of their actions due to mental retardation are not granted the same exemption.
    • Retention of Obsolete Illustrations: The existing laws, including the IPC, incorporated illustrations from daily life to explain their provisions. Despite some illustrations becoming obsolete, they have been retained in the new Bill.
    • Need for Modernization in Illustrations: Recognizing the changing times, there is a suggestion that the illustrations, such as people riding chariots, firing cannons, and being carried on palanquins, should be updated to reflect contemporary events from modern life. This aims to enhance the relevance and clarity of the legal framework.

    Seven issues related to modernising jurisprudence

    • Exclusion of Civil Law: The Bills are questioned on whether they appropriately exclude civil law issues, despite the CrPC’s provisions for post-divorce maintenance and compounding certain offences. The new Bills retain these provisions.
    • Reformative vs. Punitive System: The Bills’ approach towards a reformative system is examined with the introduction of community service as a punishment. However, non-compoundability of minor offences, leading to trial and conviction, raises concerns.
    • Integration of Public Order and Prosecution: The CrPC’s structure, encompassing public order and criminal prosecution, is retained in the new Bills, prompting consideration on whether this integration is appropriate.
    • Codification of Supreme Court Directions: The Bills are critiqued for not codifying various Supreme Court directions, excluding procedures for mercy petitions, thus creating potential gaps in the legal framework.
    • Consistency of Implementation: The Bills’ retention of wide sentencing ranges for certain offences is examined for its impact on ensuring consistency in implementing penalties across cases.
    • Age Provisions for Modern Norms: The need for updating age provisions in line with modern norms is questioned, specifically exploring whether age thresholds for criminal responsibility should be raised.
    • Update of Gender-Related Offences: The Bills align with Supreme Court judgments by removing Section 377 and addressing gender-related offences. However, the omission of making marital rape an offence, despite recommendations from the Justice Verma Committee in 2013, is noted.

    Key Phrases from article to fetch good marks in mains:

    • Legislative Overhaul
    • Reformative vs. Punitive
    • Public Order and Prosecution
    • Supreme Court Directions
    • Consistency of Implementation
    • Gender Offenses

    Critical analysis

    The bills offer a legislative overhaul, but challenges arise in areas of overlap with special laws, gaps in Supreme Court directions, and concerns about consistency in sentencing. The debate over reformative vs. punitive systems, age thresholds, and gender offenses adds complexity to the proposed changes.

    Key Data:

    • IPC Enacted: 1860
    • CrPC Enacted: 1973
    • IEA Enacted: 1872
    • Legal Metrology Act, 2009
    • Medical Termination of Pregnancy Act, 1971
    • Mental Healthcare Act, 2017

    Overlap of new laws with special laws

    • Historical Context of IPC: The IPC, established in 1860, serves as the primary legislation outlining offenses and penalties, shaping the foundation of the Indian legal system.
    • Issue of Duplication and Inconsistency:Concerns arise as the IPC, along with the proposed replacement Bill, continues to specify certain offenses and penalties, leading to duplication and inconsistencies across various laws.
    • Addressing Specific Overlaps: Positive instances of addressing overlaps are noted, such as the removal of IPC provisions related to weights and measures by the Legal Metrology Act, 2009.
    • Persistent Overlaps in New Bill: Despite some adjustments, the new Bill, like the IPC, exhibits overlaps with several other Acts, including those related to food adulteration, sale of adulterated drugs, bonded labor, and rash driving.
    • Abortion as an Offense: Noteworthy is the retention of abortion as an offense in the new Bill, even though the Medical Termination of Pregnancy Act, 1971 permits it under specific conditions.
    • Maintenance of a Parent Provision: The Bill replacing CrPC maintains the provision for the maintenance of a parent, despite a specific Act passed in 2007 addressing this matter. This raises questions about consistency and necessity.

    Way Forward:

    • Parliament needs to carefully examine the bills to ensure fairness, justice, and efficiency in the criminal justice system.
    • Address concerns related to overlap with special laws, sentencing ranges, and gaps in codifying Supreme Court directions.
    • Consider updating outdated illustrations and ensuring clarity in definitions for a modernized legal framework.
    • Deliberate on the debate over reformative vs. punitive systems, age thresholds, and gender-related offenses for a comprehensive legislative approach.

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  • Minimum Support Prices for Agricultural Produce

    Ashok Gulati writes: How subsidies for paddy in Punjab are choking Delhi

    op-ed snap | Agriculture | Mains Paper 3: Issues Related To Farm Subsidies & Msp

    Stubble burning: Why it continues to smother north India - BBC News

    Central idea 

    The Supreme Court addresses urgent concerns over Delhi’s severe air pollution, emphasizing the need to immediately halt stubble burning in neighboring states like Punjab. Stubble burning, contributing nearly 38% to pollution, poses health risks, and the court advocates for swift measures, including economic incentives, to shift farmers away from paddy cultivation.

    Key Highlights:

    • Supreme Court urges adjoining states to curb stubble burning as Delhi’s air quality index breaches 400.
    • Biomass burning, particularly stubble burning, contributes significantly to Delhi’s pollution, posing health risks and potential loss of 11.9 years of life for residents.
    • Urgent action required to control stubble burning in Punjab, which accounts for a major portion of pollution.

    Challenges:

    • Stubble burning persists despite attempts to stop, revealing a breakdown in law and order.
    • Inefficient alternatives and lack of farmer incentives contribute to the continuation of stubble burning.
    • Over-reliance on rice and wheat in the Public Distribution System leads to environmental harm and health issues.

    Key Phrases:

    • Decision Support System for air quality management.
    • Air Quality Life Index report by the University of Chicago’s Energy Policy Institute.
    • Greenhouse gas emissions from paddy cultivation in Punjab.
    • Subsidy on paddy cultivation and its impact on farmers’ choices.

    Analysis:

    • Biomass burning, especially stubble burning, is a major contributor to Delhi’s pollution, overshadowing the impact of transport and construction.
    • The Supreme Court emphasizes the need to cut paddy cultivation in Punjab-Haryana and suggests alternatives to curb stubble burning.
    • Economic incentives and policy changes are crucial to wean farmers away from paddy cultivation and address environmental concerns.

    Key Data:

    • Biomass burning, mainly stubble burning, accounts for 37.85% of Delhi’s pollution.
    • Punjab farmers receive a subsidy of almost Rs 30,000/ha for paddy cultivation.
    • Loss of 11.9 years of life for Delhi residents due to pollution.

    Key Facts:

    • The water table in Sangrur, Punjab, has gone down by 25 meters in the last 20 years.
    • Stubble burning remains a significant challenge despite efforts by officials.

    Key words for mains answer value addition:

    • Stubble burning.
    • Public Distribution System.
    • Decision Support System.
    • Air Quality Life Index.
    • Greenhouse gas emissions.

    Way Forward:

    • Implement strong measures to control stubble burning, making the local Station House Office (SHO) responsible.
    • Incentivize farmers to switch from paddy to pulses, oilseeds, and millets to create a crop-neutral incentive structure.
    • Encourage private sector investment in ethanol plants based on maize to reduce reliance on paddy and lower air pollution from vehicular traffic.
    • Limit paddy procurement by state agencies in areas with fast-depleting water tables and where farmers continue stubble burning.
    • Promote a diversified market by offering nutritious crops through fair price shops, reducing reliance on rice and wheat and minimizing environmental impact.

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  • Coal and Mining Sector

    National Coal Index (NCI) surges this Month

    DOMRPrelims Only | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Central Idea

    • In a recent development, the National Coal Index (NCI) saw a substantial rise in September, marking its first increase since April 2023.
    • This surge in the NCI is linked to global coal price fluctuations and holds significant implications for India’s coal sector.

    Understanding the National Coal Index (NCI)

    • What is it? The NCI is a price index which reflects the change in the price level of coal on a particular month relative to the fixed base year.
    • Release: It is released every month by the Ministry of Coal.
    • Launch: The NCI was introduced on June 4, 2020, as a tool to monitor coal price fluctuations relative to a fixed base year FY 2017-18.
    • Price Indicator: The NCI serves as a crucial price indicator that combines coal prices from various sources, including notified prices, auction prices, and import prices.
    • Basis for Premiums: It plays a vital role in determining premium rates, either on a per-tonne basis or through revenue sharing, using a market-based approach.

    Components of NCI

    • Sub-Indices: NCI comprises five distinct sub-indices, encompassing three for Non-Coking Coal and two for Coking Coal. These sub-indices are amalgamated to derive the final Index for Non-Coking and Coking Coal, making them distinctly separate.
    • Customized Revenue Shares: Based on the coal grade associated with a mine, the relevant sub-index is employed to determine the revenue share.

    Factors behind the NCI Surge

    • Global Price Impact: The recent uptick in the NCI is primarily influenced by a temporary rise in global coal prices, which has reverberated in the Indian coal market.
    • Seasonal Demand: With the festive season and winter approaching in India, the demand for coal has risen, prompting coal producers to boost domestic production to meet the growing energy needs.
    • Power Sector Growth: India has experienced a surge in coal demand, particularly from the power sector, driven by increased electricity requirements.
    • Continued Coal Imports: Power plants have continued to import coal as part of the coal blending mandate set by the power ministry.

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  • ISRO Missions and Discoveries

    What is Stable Auroral Arc?

    Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    stable aurora arc

    Central Idea

    • Recently, the Indian Astronomical Observatory (IAO) in Ladakh has astounded the world with mesmerizing images of a rare red-colored aurora, known as a Stable Auroral Arc (SAR).

    What is Stable Auroral Arc (SAR)?

    • Rare Phenomenon: SAR is a unique atmospheric occurrence witnessed during a potent G3-class geomagnetic storm.
    • Unconventional Origins: Unlike typical auroras resulting from space borne charged particles colliding with the atmosphere, SAR arcs have a distinct genesis.
    • Sign of Energy Flow: SAR arcs signify the transfer of heat energy into the upper atmosphere from Earth’s ring current system, a circular pathway carrying massive electrical currents encircling our planet.
    • Geomagnetic Storm Influence: During the recent geomagnetic storm, the ring current was dynamically charged due to prolonged intense geomagnetic activity, leading to the manifestation of SAR arcs.
    • Global Impact: This celestial event left its celestial mark across several regions worldwide.

    How is it formed?

    • Solar Wind Interaction: Aurora formation begins when the sun emits charged particles from its corona, creating solar wind. Upon colliding with Earth’s ionosphere, the mesmerizing aurora takes shape.
    • Northern and Southern Counterparts: In the Northern Hemisphere, it’s recognized as the northern lights (aurora borealis), while in the Southern Hemisphere, it’s referred to as the southern lights (aurora australis).
    • Magnetic Dance: The varying appearance of auroras in different hemispheres is attributed, in part, to the intricate interplay between the sun’s magnetic field and Earth’s magnetic field.

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

    Kerala’s Pension Dilemma: A Review of the Contributory Pension Scheme

    Prelims Only | Governance | Mains Paper 2: Government Scheme/Policies

    Central Idea

    • A report on Kerala’s contributory pension scheme (introduced in 2013) has been released after a recent Supreme Court verdict.
    • This scheme, introduced in 2013, has sparked a debate due to its financial impact on the state.
    • Let’s take a closer look at the National Pension System (NPS), Kerala’s pension scenario, and the findings of the review committee report.

    NPS: A Quick Recap

    • What is NPS? The National Pension System (NPS) is a contributory pension scheme initiated by the Indian government in 2004, extending to various states, including Kerala.
    • How It Works: Under NPS, a fund is built from contributions made by employees and employers during their employment. Unlike the previous pension scheme funded by the government, NPS involves purchasing an annuity scheme at retirement, providing the pensioner with an annuity.

    Kerala’s Pension Scenario

    • Pension Challenges: Kerala faces rising pension liabilities, mainly due to a high life expectancy post-retirement and an increasing number of employees enrolled in NPS.
    • Budget Impact: The state allocates a significant portion of its budget to committed expenditure, including salaries, pensions, and interest payments. Pension accounts for 21% of this expenditure.
    • Contributions: Employees who joined after April 2013 contribute 10% of their salary (including dearness allowance) to the NPS corpus.

    The Review Committee Report

    • No Revocation Recommended: The review committee did not recommend scrapping the NPS, stating it was legally sound.
    • Alternative Recommendations: It suggested raising the state government’s contribution from 10% to 14% and including dearness allowance at 14%. The report also proposed allowing death-cum-retirement gratuity for NPS subscribers.

    Why the Report Supports NPS?

    • Long-Term Perspective: The committee viewed pension matters from a long-term perspective, stating that continuing NPS would eventually reduce pension outgo as a share of the state’s GDP.
    • Reducing Revenue Deficit: As pension outgo decreases, the share of revenue deficit also falls, freeing up resources for capital spending and social services.

    Arguments against NPS in Kerala

    • Low Annuities: Retirees under NPS have reported receiving meager annuities compared to the old pension scheme.
    • Market Risks: Concerns exist about the impact of stock market crashes on NPS investments, as contributions are invested in various assets.
    • Demand for Reintroduction: Some states have reintroduced statutory pension schemes due to employee demand.

    Conclusion

    • The review report favors retaining NPS in Kerala, emphasizing its long-term financial benefits.
    • However, concerns about low annuities and market risks persist, prompting some states to consider returning to the old pension scheme.
    • The debate over Kerala’s contributory pension scheme continues amid financial and welfare considerations.

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  • Electoral Reforms In India

    Speedy Disposal of Cases against Lawmakers: What SC Guidelines on the matter say

    SC Judgements | Polity | Mains Paper 2: Executive & Judiciary

    Central Idea

    • The Supreme Court has issued guidelines to ensure the quick resolution of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) across India.
    • These guidelines aim to address the long-pending issue of lawmakers facing criminal charges.

    Background

    • Advocate’s Plea: These directions were issued in response to a plea filed by advocate Ashwini Kumar Upadhyay in August 2016.
    • Key Demands: Upadhyay’s plea sought the swift handling of cases involving legislators and a lifetime ban on convicted politicians, including those currently in office, instead of the existing six-year disqualification mentioned in Section 8(3) of the Representation of People Act, 1951.

    Understanding the Representation of People Act (RPA), 1951

    • Purpose: The RPA, 1951, introduced by Dr. BR Ambedkar, governs the conduct of elections to India’s parliament and state legislatures.
    • Content: It covers various aspects, including qualifications and disqualifications for membership, corrupt practices, and offenses related to elections.
    • Section 8: Section 8 of the RPA deals specifically with the disqualification of legislators on conviction for certain offenses, such as promoting enmity between groups, bribery, undue influence, and offenses related to hoarding, profiteering, or adulteration of food or drugs.
    • Section 8(3): This subsection states that a person convicted of an offense and sentenced to imprisonment for at least two years will be disqualified from the date of conviction and continue to be disqualified for an additional six years after release. In essence, it imposes a six-year disqualification on individuals convicted of offenses with a minimum two-year prison sentence.

    Supreme Court’s Ruling

    • Guidelines for Speedy Disposal: The Supreme Court, led by CJI DY Chandrachud, laid down guidelines for the prompt resolution of pending criminal cases against lawmakers.
    • Suo Motu Cases: High courts across India are directed to establish a “special bench” to oversee criminal cases involving legislators. High courts can also register such cases on their own initiative.
    • Flexible Approach: The court allows the chief justices of high courts to hear these cases or designate specific benches for this purpose. These cases may be listed regularly if needed, and the special bench can seek assistance from the advocate general or prosecutor.
    • High Court Role: To efficiently manage these cases, the Supreme Court leaves it to high courts to devise suitable measures.
    • Priority Cases: The court emphasizes prioritizing cases against lawmakers that carry the possibility of death or life imprisonment. Cases with sentences of five years or more are also given priority.
    • HC’s Authority: High courts are empowered to issue similar orders and directions for effective case disposal. They can involve the Principal District and Sessions Judge in allocating cases to appropriate courts.

    Conclusion

    • The Supreme Court’s guidelines are aimed at expediting the resolution of criminal cases against MPs and MLAs and ensuring justice is served promptly.
    • While these guidelines address the issue of speedy disposal, the larger question of replacing the six-year disqualification with a lifetime ban remains open for future consideration.

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