Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indian women in STEM
Mains level: Read the attached story
In the news
- As Women’s Day (8th March) approaches, the spotlight turns to women scientists throughout history who shattered glass ceilings and left indelible marks on the scientific landscape.
- Their stories advocate for inclusivity, diversity, and equality within the realm of science.
- Celebrating Women Scientists: Initiatives like Vigyan Prasar’s resource book profiling Indian women scientists and anthologies like “Lilavati’s Daughters” and “Gutsy Girls of Science” highlight the achievements and struggles of women in science, providing inspiration for future generations.
- Biographical Works: Books like “Janaki Ammal: Life and Scientific Contributions” and “Chromosome Woman, Nomad Scientist” delve into the extraordinary lives of pioneering women like E.K. Janaki Ammal, offering insights into their groundbreaking research and battles against sexism, casteism, and racism.
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Gender Disparity in Indian Science
- Underrepresentation in Leadership: The Indian Academy of Sciences, founded by Nobel Laureate C.V. Raman in 1934, has never been led by a woman scientist. Statistics reveal that women comprise only 14% of India’s working scientists, with a meager 15% representation among faculty members in research institutes nationwide.
- Shanti Swarup Bhatnagar Prize: Over 65 years, only 20 women scientists have been honoured with India’s prestigious SSB Prize for Science & Technology, despite 571 total recipients.
Status of Women in STEM: A Global Perspective
- Global Gender Gap: India’s STEM workforce comprises only 27% women, compared to 32% in non-STEM fields, highlighting disparities in gender representation.
- Research Participation: Worldwide, women constitute only 33% of researchers, with even lower representation in engineering and technology sectors.
- Educational Disparity: A gender gap persists in STEM education, with only 18% of girls pursuing higher-level STEM studies, compared to 35% of boys.
List of Notable Women Scientists mentioned in the News Article
- Gagandeep Kang: Known for her work in the field of microbiology and vaccine development, particularly in studying the epidemiology of rotavirus and other infectious diseases prevalent in India.
- Kiran Mazumdar-Shaw: A prominent figure in the biotechnology industry, she founded Biocon, one of India’s leading biotechnology companies, and has contributed significantly to the development of affordable biopharmaceuticals and healthcare solutions.
- Rohini Godbole: Renowned theoretical physicist known for her research in high-energy physics, particularly in the field of particle phenomenology and collider physics. She has also been actively involved in promoting science education and gender equality in STEM fields.
- Prajval Shastri Majumdar: Notable astrophysicist known for her research on the formation and evolution of galaxies, active galactic nuclei, and black holes. She has made significant contributions to understanding the dynamics of the universe through her work in observational astronomy.
- Kamala Sohonie: A pioneering biochemist, she was the first Indian woman to receive a Ph.D. in the field of science. Her research focused on enzymology and biochemistry, particularly in understanding the metabolism of nitrogen-containing compounds in bacteria.
- Lilavati (referred to in “Lilavati’s Daughters: The Women Scientists of India” anthology): Lilavati is a legendary figure in Indian mathematics, known for her contributions to algebra and arithmetic. Her legacy has inspired generations of mathematicians and scientists.
- Archana Sharma: A renowned cytogeneticist known for her research in understanding chromosomal abnormalities and genetic disorders. She has contributed significantly to the field of genetics and genetic counseling.
- E.K. Janaki Ammal: An eminent botanist known for her research on plant breeding, genetics, and taxonomy. She made significant contributions to understanding the diversity of plant species in India and played a crucial role in the conservation of plant biodiversity.
- Bibha Chowdhuri: A pioneering physicist known for her research in cosmic ray physics and particle physics. She made significant contributions to understanding the properties of cosmic rays and their interactions with matter.
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Significance of Women’s Participation in STEM
- Economic Growth: Women’s involvement in STEM fields can catalyze economic growth, with potential GDP gains of up to 10% reported in studies.
- Gender Diversity: Enhancing female representation fosters diversity and inclusivity, enriching scientific discourse and innovation.
- Targeted Interventions: Involving women in research ensures the relevance and applicability of scientific outcomes to diverse communities.
- Inclusive Decision Making: Women’s perspectives contribute valuable insights to scientific research, leading to more informed decision-making processes.
- Sustainable Development Goals (SDGs): STEM empowerment aligns with SDG 5, promoting gender equality and women’s access to transformative technologies.
Challenges Faced by Women
- Implicit and Explicit Biases: Women scientists encounter biases suggesting their unsuitability for scientific pursuits, perpetuating the Matilda Effect wherein their achievements are undervalued, leading to discrimination in perks, promotions, and opportunities.
- Societal Stereotypes: Deep-rooted stereotypes perpetuate the notion that certain STEM fields are inherently male-dominated, discouraging women from pursuing these careers.
- Lack of Role Models: Limited visibility of female role models hinders aspiring women scientists from envisioning themselves in STEM leadership roles.
- Self-Efficacy Gap: Gender disparities in self-efficacy beliefs create barriers for women, affecting their confidence to pursue STEM disciplines.
- Work-Life Balance: Dual responsibilities and societal expectations impede women’s career progression in STEM, necessitating flexible policies and support systems.
- Systemic Discrimination: Bias and discrimination in educational institutions and workplaces perpetuate the underrepresentation of women in STEM.
Government Initiatives for Women in STEM
- STI Policy by DST: The Science, Technology, and Innovation (STI) policy aims to achieve 30% women’s participation in science and technology by 2030, with significant strides in women’s leadership roles.
- Indo-US Fellowship: International collaborative research opportunities empower women scientists to expand their horizons and contribute to global scientific endeavors.
- Vigyan Jyoti: Initiatives like Vigyan Jyoti encourage young girls to pursue STEM education, addressing gender disparities from an early age.
- Gender Advancement Programs: GATI and KIRAN initiatives focus on creating gender-sensitive institutions and providing career opportunities for women in S&T.
- CURIE Initiative: The CURIE program supports the development of research infrastructure in women’s universities, fostering a conducive environment for women’s participation in R&D.
- SWATI Portal: It is aimed at creating a single online portal representing Indian Women and Girls in STEMM. It is a complete interactive database.
Way Forward
- Continued Advocacy: Initiatives and publications spotlighting women scientists serve as reminders of the ongoing need for advocacy and support to address gender inequality in the scientific community.
- Redefining the Culture in STEM: Mandating women’s representation in boards, implementing women-centric mentoring programs, and providing flexible work setups and childcare support.
- Investment in Women-Only Institutions: Establishing women’s technology parks and institutions to address specific challenges faced by women in STEM.
- Paid Internships: Encouraging states to offer paid internships to girl science students, particularly in rural areas, to enhance their participation in STEM.
- Positive Parenting: Fostering supportive environments at home to challenge stereotypical perceptions and inspire young girls to pursue careers in STEM.
Conclusion
- As Women’s Day approaches, reflections on the contributions and struggles of women scientists underscore the importance of fostering inclusivity, diversity, and equality within the scientific community.
- By celebrating their achievements and advocating for systemic changes, we pave the way for a more equitable and empowering future for women in science.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 371A, Sixth Schedule
Mains level: Read the attached story
In the news
- A shutdown and protest rally in Ladakh recently demanded statehood for the newly created Union Territory (UT) and its inclusion in the Sixth Schedule of the Constitution.
- This highlights a broader issue concerning governance and autonomy in the region.
Centre’s Offer to Ladakh Representatives
- Article 371-like Protections: MHA offered to extend Article 371-like protections to Ladakh, addressing concerns raised by the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA).
- Exclusion from Sixth Schedule: While acknowledging concerns, the government opts against including Ladakh in the Sixth Schedule, indicating a different approach to address regional issues.
Background: Ladakh’s Governance Post Article 370 Repeal
- Recognition as Union Territory: Post the repeal of Article 370, Ladakh was recognized as a separate Union Territory “without legislature,” akin to UTs like New Delhi and Pondicherry.
- Demand for Sixth Schedule Inclusion: Organizations like ABL and KDA have advocated for Ladakh’s inclusion under the Sixth Schedule, seeking greater autonomy in governance.
What is the Sixth Schedule?
- Article 244 in Part X of the Constitution outlines a special system of administration for designated ‘scheduled areas’ and ‘tribal areas.’
- The Fifth Schedule deals with scheduled areas and tribes in states except Assam, Meghalaya, Tripura, and Mizoram (ATM2).
- The Sixth Schedule focuses on tribal areas in these four northeastern states.
Salient Features of Sixth Schedule:
(1) Autonomous Districts
- Tribal areas are constituted as autonomous districts within the executive authority of the state.
- The governor holds powers to organize and re-organize these districts, including boundary changes and division into autonomous regions.
(2) District and Regional Councils:
- Each district council consists of 30 members, including nominated and elected
- Regional councils also exist within autonomous regions.
- These councils administer areas under their jurisdiction, making laws on specific matters with the governor’s assent.
- They can establish village councils or courts for dispute resolution, with specified jurisdiction over appeals.
- District councils manage various facilities and services within their areas, including education and healthcare.
- They also have the authority to impose taxes and regulate certain activities.
(3) Laws Exemptions and Modifications:
- Acts of Parliament or state legislatures may not apply directly or may apply with modifications.
- The president or governor holds the power of direction in this regard, depending on the region.
(4) Governor’s Authority:
- The governor may appoint a commission to examine and report on matters concerning autonomous districts or regions.
- He/she also has the authority to dissolve a district or regional council based on commission recommendations.
Tribal Areas under Sixth Schedule
- Assam: North Cachar Hills District, Karbi Anglong District, Bodoland Territorial Areas District.
- Meghalaya: Khasi Hills District, Jaintia Hills District, Garo Hills District.
- Tripura: Tripura Tribal Areas District.
- Mizoram: Chakma District, Mara District, Lai District.
Reasons for such Demands in Ladakh
- Cultural Autonomy: Tribes in Assam, Meghalaya, Tripura, and Mizoram maintain distinct cultures, customs, and civilizations. Unlike tribes in other parts of India, they have not assimilated much with the majority population.
- Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
- Autonomy and self-governance: Extending the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
- Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.
Challenges posed by this demand
- Fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
- Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.
Conclusion
- While stopping short of Sixth Schedule inclusion, MHA’s move demonstrates a commitment to balancing local autonomy with national governance priorities.
- If implemented, it would mark the first instance of special provisions being introduced for a Union Territory, potentially setting a precedent for future governance arrangements in such regions.
Try this PYQ from CSE Prelim 2015:
Q.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to:
(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between states
(c) Determine the powers, authorities, and responsibilities of Panchayats
(d) Protect the interests of all the Border States
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Solar Energy Transition
In the news
- Following two years of robust growth, India’s solar capacity additions sharply declined by 44% in 2023, the lowest since 2016.
- What triggered this slowdown, and will this trend persist? Let’s explore.
Solar Capacity Addition in 2023
- Decline in Capacity: India added 7.5 gigawatts (GW) of solar power capacity in 2023, a significant drop from the previous year’s record of 13.4 GW. This marked the lowest levels since 2016, except for the pandemic-affected 2020.
- Large-scale Projects Hit Hard: Capacity additions in large solar power projects declined by over 50% to 5.8 GW from 11.7 GW in 2022. However, rooftop solar power capacity continued to grow by 1.7 GW, consistent with 2022 levels.
- Cumulative Capacity: India’s cumulative solar power capacity reached 72 GW by the end of 2023, with large-scale projects contributing over 60 GW.
Reasons for the Decline
- Regulatory Hurdles: Solar power producers faced regulatory hurdles, including stricter grid connectivity rules and a Supreme Court directive in 2021 mandating the relocation of overhead power cables to protect the Great Indian Bustard habitats.
- Challenges in Compliance: Compliance with amended grid code provisions became more demanding, leading to delays in project execution. Land acquisition challenges also persisted, further delaying project timelines.
Outlook for 2024
- Temporary Setback: The decline in solar capacity addition in 2023 appears to be a temporary setback. The pipeline for 2024 is robust, with 105.3 GW of capacity planned, including an additional 70.6 GW awaiting auction.
- Delayed Projects: Large-scale projects that were delayed and granted extensions from December 2022 to June 2023 will contribute significantly to capacity additions in 2024.
Impact of ‘Make in India’
- Reduction in Imports: India’s solar capacity initially relied on imported cells from China. However, the imposition of customs duties on imported solar modules and cells led to a significant decline in imports.
- Promoting Local Manufacturing: The introduction of the Approved List of Models and Manufacturers (ALMM) enabled local manufacturers to participate in government bids. However, the ALMM mandate was suspended until April 2024 to maintain momentum in solar installations.
Alignment with India’s Energy Targets
- Renewable Energy Capacity: In 2023, India’s renewable energy capacity exceeded 180 GW, with solar contributing 40%. Despite missing the initial targets due to the pandemic, India achieved 60 GW of large-scale solar projects a year later.
- Future Targets: India aims to achieve a renewable energy target of nearly 600 GW by 2032, with solar accounting for 365 GW. To meet this target, 30 GW of fresh solar capacity must be added annually for the next 8 years.
Various Policy Initiatives
- Solar Park Scheme (2014): Initiated in, the Solar Park Scheme aims to develop a series of solar parks, each with a capacity of around 500 MW, across various states.
- Rooftop Solar Scheme (2016): The Rooftop Solar Scheme endeavours to harness solar power by installing solar panels on residential rooftops.
- National Solar Mission (2010): The National Solar Mission stands as a crucial endeavor by both the Indian government and state authorities to foster sustainable development and tackle energy security challenges.
- SRISTI Scheme (2018): The SRISTI Scheme is formulated to encourage the implementation of rooftop solar power projects in India, promoting sustainability.
- International Solar Alliance (2015): Formed in 2015, the International Solar Alliance serves as a collaborative platform promoting the adoption of solar energy technologies through member-driven initiatives.
- Kisan Urja Suraksha evam Utthaan Mahabhiyan (2019): Launched by the Ministry of New and Renewable Energy (MNRE) in 2019, the PM-KUSUM scheme aims to facilitate the deployment of off-grid solar pumps in rural areas and reduce reliance on the grid in connected regions.
Conclusion
- Despite the temporary slowdown, India remains committed to expanding its solar capacity to meet its ambitious renewable energy targets and contribute to global sustainability efforts.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Digital Markets Act , Gatekeepers
Mains level: Regulation of global tech giants
In the news
- The Digital Markets Act (DMA) marks a significant milestone for the European Union (EU) as it reinforces its role as a global trendsetter in regulating the tech industry.
- With its implementation, six tech giants designated as “gatekeepers” – Amazon, Apple, Google parent Alphabet, Meta, Microsoft, and TikTok owner ByteDance – are required to adhere to new regulations.
EU’s Leadership in Tech Regulation
- Pioneering Regulations: The EU has a history of imposing significant fines on tech giants, enforcing strict antitrust rules, and pioneering norms to regulate social media and artificial intelligence.
- Global Impact: The DMA sets a precedent for tech regulation worldwide, with countries like Japan, Britain, Mexico, South Korea, Australia, Brazil, and India drafting similar rules to prevent tech dominance in digital markets.
Key Provisions of the DMA
- Regulated Services: The DMA targets 22 services, including operating systems, messenger apps, social media platforms, and search engines, offered by the designated tech gatekeepers.
- Penalties for Non-Compliance: Tech companies face hefty fines of up to 20% of their annual global revenue for repeated violations or potential breakup for systematic infringements.
Implications for Tech Giants
- Shift in Business Practices: Tech giants are compelled to adapt their business models to comply with the DMA, such as Apple’s decision to allow iPhone users to download apps from sources outside its App Store.
- Reduced Monopolistic Practices: The DMA aims to curtail monopolistic practices by providing users with choices for default browsers, search engines, and app sources.
Challenges and Criticisms
- Security Risks: While Apple’s decision to allow app downloads outside its App Store offers more freedom to users, it also raises concerns about potential security risks associated with third-party sources.
- Market Fragmentation: Critics argue that additional fees imposed by tech giants for alternative app sources may deter developers, leading to market fragmentation and hindering competition.
- Consumer Awareness: Despite offering choice screens for default services, smaller players like Ecosia raise concerns that users may stick with familiar options due to lack of awareness about alternatives.
EU’s Vigilance and Future Outlook
- Regulatory Oversight: EU competition Chief Margrethe Vestager emphasizes close scrutiny to ensure tech firms comply with DMA regulations and prevent circumvention of rules.
- Consumer Choice: The DMA prioritizes consumer choice by allowing users to select default services and promoting competition among tech companies.
- Continuous Evaluation: The effectiveness of DMA regulations will be continuously evaluated to address emerging challenges and ensure a fair and competitive digital ecosystem.
Application in India: Unique Considerations
- Market Dynamics: India’s digital market differs significantly from the EU, with distinct internet penetration levels, consumer preferences, and regulatory challenges.
- Debate on Ex-Ante Regulation: The EU’s adoption of ex-ante regulations raises questions about its applicability in India and the need for tailored approaches to address local market dynamics.
- Ground Realities: Legal experts emphasize the importance of aligning regulatory frameworks with ground realities and testing laws in local contexts to ensure effective implementation.
Way Forward: Tailored Solutions for India
- Customized Regulation: India’s DMA should be crafted in consultation with businesses and consumers to address the country’s unique market dynamics and regulatory challenges.
- Pragmatic Approach: Regulatory frameworks must be flexible and responsive to ground realities, ensuring that laws effectively address local needs and promote competition and innovation.
Conclusion
- The DMA represents a significant step towards promoting fair competition and consumer empowerment in the digital landscape.
- As the EU leads the way in tech regulation, the DMA’s implementation will have far-reaching implications globally, shaping the behavior of tech giants and safeguarding consumer interests in an increasingly digitized world.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Marxism, Leninism, Maoism
Mains level: Concept of Urban Naxals, Left Wing Idea of Development
In the news
- The Nagpur Bench of the Bombay High Court recently acquitted a former Delhi University professor and five others in a case under the Unlawful Activities (Prevention) Act (UAPA) for alleged Maoist links.
- The Maharashtra government swiftly approached the Supreme Court seeking an urgent hearing after failing to secure a stay on the High Court’s judgment.
CSE Mains Questions based on Left Wing Extremism (LWE):
Note: Almost every alternate year, a question on LWE has been asked in the Mains.
- 2015: The persisting drives of the government for development of large industries in backward areas have resulted in isolating the tribal population and the farmers who face multiple displacements. With Malkangiri and Naxalbari foci, discuss the corrective strategies needed to win the Left Wing Extremism (LWE) doctrine affected citizens back into mainstream of social and economic growth.
- 2018: Left Wing Extremism (LWE) is showing a downward trend, but still affects many parts of the country. Briefly explain the Government of India’s approach to counter the challenges posed by LWE.
- 2020: What are the determinants of left-wing extremism in Eastern part of India? What strategy should the Government of India, civil administration and security forces adopt to counter the threat in the affected areas?
- 2022: Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multi-layered strategy to tackle the menace of Naxalism.
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Who are the Maoists?
- Origins: Maoism, derived from the teachings of Chinese leader Mao Zedong, emerged as a form of communist theory.
- Ideology: Maoists believe in the philosophy that “Power flows from the barrel of the gun” and advocate for armed struggle to achieve their goals.
- Evolution in India: Maoism gained prominence in India through movements like the Naxalbari uprising, leading to the formation of groups like the Maoist Communist Centre (MCC) in West Bengal.
Historical Context and Evolution
- Influence of Russian Revolution: Naxalism draws ideological inspiration from the Russian Revolution and the overthrow of the Tsarist regime.
- Marxian Ideals: Rooted in Marxism, Maoism emphasizes class struggle and the redistribution of power to marginalized communities.
- Neo-Marxism: After the success of revolutions led by Lenin and Mao, intellectuals worldwide, including Fidel Castro, embraced Marxist ideologies.
Root Causes of Maoism in India
- Corporate Exploitation: Exploitation of natural resources in Eastern India has led to marginalization and harassment of tribal communities.
- Tribal Alienation: Post-independence, tribal communities lost traditional rights over resources, leading to alienation.
- Livelihood Losses: Depletion of natural resources threatened tribal livelihoods.
- Forceful Displacement: Displacement from ancestral lands disrupted traditional governance systems.
- Absence of Governance: In areas of exploitation, governance structures collapsed due to killings and intimidation.
- Foreign Provocations: External support for LWE outfits exacerbated the conflict.
Impact on Youth
- Romanticism and Misunderstanding: Some view Maoists romantically, overlooking the violence inherent in their ideology.
- Violence and Destruction: Maoist doctrine glorifies violence, leading to destruction of governance mechanisms.
- Radicalization and Coercion: Maoists radicalize youth and coerce locals to join their movement.
- Urban Presence: Maoists extend their influence to semi-urban and urban areas, facilitated by educated intellectuals.
Strategies used by LWEs and Maoists
- Utilization of State Structures: Maoists exploit state structures to further their agenda and weaken enforcement.
- Recruitment and Fundraising: They recruit and raise funds for insurgency, often through legal means.
- Urban Shelters: Maoists establish urban shelters for underground cadres.
- Legal Assistance: Legal aid is provided to arrested cadres.
- Mass Mobilization: They mobilize masses on issues relevant to their cause.
Government Initiatives for LWE-Affected Areas
- Aspirational Districts Programme: Monitoring of development initiatives in affected districts.
- Education and Infrastructure: Building schools and improving road connectivity in affected areas.
- Naxal Surrender Policy: Aimed at reintegrating misguided youth and hardcore extremists.
- National Policy Action Plan: Development-focused policy to address LWE challenges.
SAMADHAN Doctrine: A Comprehensive Strategy
- Smart Leadership: Effective leadership at all levels.
- Aggressive Strategy: Proactive measures to counter extremism.
- Motivation and Training: Training of security personnel and motivation for operations.
- Actionable Intelligence: Intelligence-driven operations.
- Harnessing Technology: Use of technology for surveillance and monitoring.
- Strategic Action Plans: Tailored action plans for each theater of conflict.
- Financial Isolation: Cutting off financial support to extremist groups.
Way Forward
- Dual Objective: Military defeat of insurgents and ideological resolution of grievances.
- Institutional Overhauls: Reforms in governance and security institutions.
- Coordinated Efforts: States must coordinate operations to deny space to Maoists.
- Population Segregation: Separating civilians from insurgents, both operationally and ideologically.
- Economic Development: Addressing resource conflicts through inclusive economic development.
Conclusion
- Understanding the complex dynamics of Maoism and Left-Wing Extremism is crucial for formulating effective counterinsurgency strategies.
- By addressing root causes, implementing targeted initiatives, and adopting a comprehensive approach, India can mitigate the impact of LWE and pave the way for sustainable peace and development in affected regions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Primary Health Centres (PHCs)
Mains level: Read the attached story
In the news
- Public health centres in India have long been shrouded in infamy, perceived as symbols of systemic failure.
- The effectiveness of primary healthcare in India has always been a topic of discussion, with calls for strengthening these services through government commitment to accessibility, affordability, and quality care.
PYQ from CSE Mains 2021:
Q. “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. |
Health Centres in India
- Primary Health Centres (PHCs) also known as Public HCs play a crucial role in providing comprehensive healthcare services to the population.
- The first PHC in India was established following the proposal of the PHC concept in a paper submitted to the Executive Board of the World Health Organization (WHO) in January 1975.
- The establishment of PHCs gained further momentum with the International Conference on PHC held in Alma Ata, Kazakhstan in 1978.
- They are a fundamental component of the healthcare system, with Medical Officers at these centers required to hold an MBBS degree.
- India boasts a vast public health infrastructure with 23,391 PHCs and 145,894 sub-centers, serving a substantial percentage of the population.
- PHCs cover a significant portion of outpatient care, including services for non-communicable diseases, maternal health, and child health.
Importance of Health Centres
- Foundational Role: Health centres form the backbone of India’s public health system, providing primary care to millions.
- Access and Affordability: With nearly two lakh centres across the country, they aim to offer accessible and affordable healthcare, particularly in rural areas.
- Impact on Equity: Effective health centres can mitigate social and health inequities, reducing reliance on costly private healthcare and preventing households from falling into poverty due to healthcare expenses.
Unveiling the Reality
- Evidence of Progress: Surveys conducted across five states reveal a pattern of improving quality and utilization of health services over time, albeit at a slow pace.
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- In Himachal Pradesh, functional health centres serve 83% of the population.
- Chhattisgarh has shown a radical expansion in the public provision of healthcare, with increased facilities, medicines, and staff presence.
- Bihar lags behind, with dismal quality of health centres and some sub-centres being dormant or non-existent.
- Policy Interventions: Increased health expenditure, initiatives like the National Rural Health Mission, and state-specific schemes have contributed to incremental improvements.
- The share of health expenditure in the Union Budget increased drastically.
- The National Health Mission’s share shrank from 69% to 44%, while allocations for the Ayushmann Bharat program and new AIIMS hospitals surged.
- COVID-19 led to a sustained increase in patient utilization of public health facilities, indicating growing trust in the system.
Challenges and Gaps
- Underutilization: Despite improvements, health centres still face challenges such as high staff absenteeism, limited services, and poor infrastructure.
- Lacunas: Health workers report irregular flow of funds, lack of facilities like toilets and transport, and inadequate supply of drugs and testing equipment.
- Social Discrimination: Caste and gender dynamics influence access to and quality of healthcare, perpetuating inequalities. Upper-caste doctors display disparaging attitudes towards marginalized communities, while upper-caste families disrespect Dalit ANMs.
- Gender Disparities: Women, particularly frontline health workers, play a crucial role in rural health settings but often face neglect and discrimination.
Way forward
- Holistic Investment: While progress has been made, it remains patchy, with allocations often prioritizing tertiary healthcare over primary care.
- Designated allocations: The composition of the healthcare budget has remained stagnant, with minimal increases in the share allocated to primary healthcare.
- Policy Reform: The paper advocates for substantial support from the central government to enable poorer states to replicate successful initiatives and enhance the role of health centres in public healthcare delivery.
Conclusion
- India’s health centres, though fraught with challenges, embody resilience and potential.
- By addressing systemic gaps and prioritizing primary healthcare, the nation can harness the transformative power of these centres to achieve equitable and accessible healthcare for all.
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Why in the News?
Recent political events make one doubt the perceived need and utility of India’s Anti-defection law.
Context:
- Political Defections prevalent across India:
- In Bihar, MLAs from Congress and RJD shifted to BJP, leading to disqualifications under the anti-defection law. Similar incidents occurred in Himachal Pradesh and Andhra Pradesh.
- A recent adjudicatory development in Maharashtra raised doubts on the necessity of India’s anti-defection law, where factions within NCP were not disqualified based on intra-party dissent.
- Need for better inner-party democracy: The Speaker highlighted the challenges in applying the anti-defection law effectively, emphasizing the need for better inner-party democracy reforms to address political defections and ensure legislative stability.
Transgressions that pass muster /Challenges with Anti-defection law:
- Intra-party dissent and Anti-defection law: The Speaker’s decision in the NCP split case highlights the complexity of applying the anti-defection law to intra-party dissent. The intra-party dissent cannot be subject to the punitive provisions of the Tenth Schedule due legislative majority.
- Mergers and Anti-defection law: Under the current anti-defection law, a faction that splits from its original party cannot claim exemption from disqualification, as the “split” exception was deleted from the Tenth Schedule in 2003.
- The only exemption available now is that of mergers, which mandatorily require a minimum of two-third members to separate from their political party and merge with another.
- The Speaker’s observations: The Speaker’s concern for preservation of inner-party dissent is laudable, but the observation that it is in the nature of politics for leaders to form new alliances and break into new forms raises concern about the effectiveness of the anti-defection law.
The issue of inner-party democracy:
- The issue of inner-party democracy in India underscores the lack of democratic processes within political parties, leading to challenges like dynastic politics, nepotism, and ineffective candidate selection.
- Presently, there is no statutory backing for internal democratic regulation of political parties in India and the only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951 which entails registration of political parties with the Election Commission of India.
- Reports from the 2nd ARC, the National Commission to Review the Working of the Constitution and the Law Commission have both recommended introducing statutes to enforce internal democracy for political parties.
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Way Forward:
- Need for Robust democratic structures: The 255th Report of the Law Commission of India proposed amendments to the Representation of the People Act, 1951 which could mandate that besides having a constitution, political parties elect an executive committee (for the party), select candidates who are to contest elections to Parliament or State Assemblies, and conduct regular elections within the party at every level.
- Need for Statutory regulation: The Law Commission also proposed granting the Election Commission of India the powers to impose monetary penalties or withdraw the registration of a political party in case it failed to comply.
BACK2BASICS
About Anti-Defection Law in India:
- The Anti-Defection Law in India, introduced in 1985 through the Tenth Schedule of the 52nd Amendment to the Constitution, aims to limit political defections and ensure democratic stability by curbing unethical practices.
- This law prohibits elected representatives from defecting to another party after being elected, thereby promoting party discipline and preventing opportunistic defections that can destabilize governments.
- Despite its significance, there have been calls for reforming the anti-defection law to address challenges and ensure its effectiveness in maintaining the integrity of the political system.
| Mains:
1) “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. [UPSC CSE 2016]
Prelims:
1) Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [UPSC CSE 2014]
a) Second Schedule
b) Fifth Schedule
c) Eighth Schedule
d) Tenth Schedule |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parliamentary Privileges
Mains level: Vote for cash issue
In the news
- A seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, delivered a significant judgment regarding parliamentary privilege and criminal prosecution.
- The verdict overturned a 1998 ruling in PV Narasimha Rao Case that granted immunity to lawmakers accepting bribes if they subsequently voted or spoke in the House
Also read:
Legislators Immunity against Criminal Prosecution
What are Parliamentary Privileges?
|
Details |
| Definition |
Special rights, immunities, and exemptions enjoyed by Parliament, its committees, and members.
Defined in Article 105 of the Indian Constitution. |
| Scope |
Applies to Parliament, committees, and members. |
| Freedom of Speech |
Guaranteed under Article 105(1).
Subject to rules and procedures of Parliament (Article 118). |
| Limitations to Free Speech |
Speech must comply with constitutional provisions.
Cannot discuss judges’ conduct (Article 121), except for motions for their removal. |
| Freedom from Arrest |
Immunity from arrest in civil cases 40 days before and after sessions.
House permission needed for arrest within Parliament limits. |
| Notification of Arrest |
Chairman/Speaker must be informed of any member’s arrest. |
| Right to Prohibit Publication |
No liability for publishing reports, discussions under member’s authority (Article 105(2)). |
| Right to Exclude Strangers |
Members have power to exclude non-members from proceedings. |
Immunity against Bribe: Constitutional Provisions Examined
- Article 105(2): This article grants immunity to members of Parliament from court proceedings concerning their actions (speech or votes) in Parliament.
- Article 194(2): Similarly, this article extends immunity to members of state assemblies.
Court’s Review and Interpretation
- PV Narasimha Rao Case: In 1998, the Supreme Court ruled with a 3:2 majority that MPs and MLAs were immune from prosecution in bribery cases as long as they fulfilled their end of the bargain.
- Judicial Scrutiny of Privilege: The Court revisited the interpretation of Articles 105(2) and 194(2), challenging the traditional understanding of absolute immunity for lawmakers.
- Historical Context: It noted that India’s parliamentary privileges stem from statutory and constitutional sources, unlike the UK’s House of Commons, which has ancient and undoubted rights.
Key Findings and Interpretations
- Necessity Test Applied: The Court applied a “necessity test” to determine the legitimacy of claims to parliamentary privilege, emphasizing that accepting bribes cannot be deemed necessary for lawmakers to discharge their duties.
- Emphasis on Probity: The ruling underscored the importance of probity in public life, highlighting the corrosive impact of corruption on democratic ideals.
- Interpretation of Offense: It clarified that the act of accepting a bribe constitutes an offense, regardless of subsequent actions by the lawmaker in the House.
Conclusion
- The Supreme Court’s ruling represents a significant departure from past precedent, affirming the principle that no individual, including legislators, is above the law.
- By asserting the judiciary’s role in scrutinizing claims of parliamentary privilege, the Court reaffirmed the primacy of constitutional values and accountability in governance.
- This landmark judgment underscores the judiciary’s commitment to upholding the rule of law and combating corruption, thereby bolstering India’s democratic foundations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 3-stage Nuclear Power Program, Prototype Fast Breeder Reactor (PFBR)
Mains level: Read the attached story
In the news
PM Modi marked a historic moment in India’s nuclear power journey by overseeing the commencement of core-loading at the indigenous Prototype Fast Breeder Reactor (PFBR) situated in Kalpakkam, Tamil Nadu. This event signifies a significant stride forward in India’s ambitious nuclear power program, heralding the onset of stage II.
Context:
- As of 2024, nuclear power contributes to around 3.11% of India’s total power generation.
- Nuclear power remains the fifth-largest source of electricity in India, following coal, gas, hydroelectricity, and wind power.
History of India’s Nuclear Power Program
India’s journey in nuclear technology dates back to its independence in 1947. Here is a brief history of India’s Nuclear Power Program:
- 1948: India established the Atomic Energy Commission (AEC), marking its entry into the nuclear age.
- 1950s: Homi Bhabha, the founding director of India’s nuclear program, formulated the three-stage nuclear power program to establish a self-sufficient nuclear power industry.
- 1969: The first Pressurized Heavy Water Reactor (PHWR), the 40 MW Tarapur Atomic Power Station, was commissioned, marking the operationalization of Stage 1 of the nuclear power program.
- 1974: India conducted its first nuclear test, Pokhran-I, demonstrating its nuclear capabilities.
- Late 1970s – Early 1980s: India embarked on developing fast breeder reactors (FBRs) as part of Stage 2 of its nuclear program to enhance fuel efficiency and self-sufficiency.
- 1990s – 2000s: India focused on building a nuclear arsenal and delivery systems capable of military deployment after conducting further nuclear tests in 1998.
- Present: India possesses both nuclear weapons and an extensive nuclear fuel cycle capability, with ongoing developments in thorium-based reactors as part of Stage 3 of its nuclear power program.
|
About India’s 3-stage Nuclear Power Program
|
Description |
Timeline |
| Stage 1 |
Relies on pressurized heavy water reactors (PHWRs) using natural uranium as fuel. |
Initiated in the 1950s;
Operational since the 1960s |
| Stage 2 |
Focuses on developing fast breeder reactors (FBRs) using plutonium-239 produced in Stage 1. |
Initiated in the 1970s;
Development phase |
| Stage 3 |
Involves the development of thorium-based reactors utilizing India’s significant thorium reserves. |
Initiated in the late 1980s/early 1990s;
Research & Development phase |
Do you know?
- The two principal natural isotopes are uranium-235 (which comprises 0.7% of natural uranium), which is fissile, and uranium-238 (99.3% of natural uranium), which is fissionable by fast neutrons and is fertile, meaning that it becomes fissile after absorbing one neutron.
- All uranium isotopes are radioactive. U-239 is much more so than the far more common U-238 though, its half-life is about 23 minutes compared to four billion years! U-239 soon undergoes beta decay to Np-239.
- Plutonium is created from uranium in nuclear reactors. Plutonium-239 is used to make nuclear weapons. Pu-239 and Pu-240 are byproducts of nuclear reactor operations and nuclear bomb explosions.
|
What is Prototype Fast Breeder Reactor (PFBR)?
- The PFBR is a machine that produces more nuclear fuel than it consumes. Its core-loading event is being hailed as a “milestone” because the operationalization of the PFBR will mark the start of stage II of India’s three-stage nuclear power program.
- Previously, India used Pressurised Heavy Water Reactors (PHWRs) and Natural Uranium-238 (U-238), which contain minuscule amounts of U-235, as the fissile material.
- It’s working:
- Basically, in the process of Nuclear Fission, the nucleus of an atom absorbs a neutron, destabilizes, and breaks into two while releasing some energy. If the destabilized nucleus releases more neutrons, the reactor’s facilities will attempt to use them to instigate more fission reactions.
- However, the heavy water in PHWR, the water molecules containing the deuterium isotope of hydrogen – slows neutrons released by one fission reaction enough to be captured by other U-238 and U-235 nuclei and cause new fission.
- This heavy water is then pressurized to keep it from boiling to produce plutonium-239 (Pu-239) and energy.
- Significance of using PFBR:
- Only U-235, not U-238, can sustain a chain reaction but it is consumed fully in stage I. In stage II, India will use Pu-239 together with U-238 in the PFBR to produce energy, U-233, and more Pu-239.
- Liquid sodium serves as the primary coolant, facilitating heat transfer and electricity generation through secondary circuits.
Why was the PFBR delayed?
- Prolonged delays: The PFBR project encountered prolonged delays and cost overruns, attributed to technical complexities and logistical hurdles. Sanctions imposed against India following the ‘Smiling Buddha’ nuclear test in 1974 disrupted the project, necessitating alterations in fuel type and operational parameters.
- Lack of Resources:
- The retirement of experienced personnel involved in the project, coupled with delays in decision-making processes, contributed to project setbacks.
- Escalating costs, reaching ₹6,800 crore by 2019, underscored the financial strain and administrative shortcomings plaguing the project.
- Procurement Issues: Audit reports revealed procurement inefficiencies, with delays averaging 158 days per order, exacerbating project timelines and costs.
- Regulatory Imperatives: Addressing concerns over safety and regulatory oversight remains imperative to ensure public confidence and operational integrity.
Way Forward and Future Prospects:
- Usage of Small Modular Reactors (SMRs): SMR designs have a maximum capacity of 300 MW, require less land, and accommodate more safety features. Several countries are developing SMRs to complement conventional [facilities] since SMRs can be installed at reduced cost and time by repurposing.
- Stage II Expansion: The PFBR’s 500 MWe capacity sets the stage for future FBR projects, aligning with India’s energy diversification goals and decarbonization initiatives. Today nuclear power has a new lease of life thanks to the pressure on India to decarbonise, reduce its import of fossil fuels, and give its renewables sector some breathing space.
- In 2019, the DAE proposed building 4 more fast breeder reactors (FBRs) of 600 MWe capacity each – 2 in Kalpakkam in 2021 and two in 2025, with sites to be selected.
Conclusion
- As India navigates the complexities of nuclear power development, the PFBR stands as a testament to technological prowess and strategic foresight.
- While challenges persist, the trajectory of stage II underscores India’s commitment to leveraging nuclear energy for sustainable development and energy security.
- With continued innovation and regulatory reform, India is poised to realize its vision of a robust and self-reliant nuclear energy ecosystem.
Try this Question from CSE Mains 2018:
Q. With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy. (250 Words, 15 Marks)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bail Provisions in India
Mains level: Problem of Undertrials, Bail and linking it to Prison Reform
In the news
- India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
- The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.
Bail Provisions in India
|
Description |
| What is Bail? |
The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused. |
| Types of Bail in India |
- Regular bail: Granted to a person in police custody, applied for under section 437 and 439 of CrPC.
- Interim bail: Short-term bail granted before the hearing for regular or anticipatory bail.
- Anticipatory bail: Granted under section 438 of CrPC by session court or High Court, to avoid potential arrest for a non-bailable offense.
|
| Case in Bailable Offences |
Section 436 states that accused of a bailable offence under IPC can be granted bail if:
- There’s reason to believe the accused didn’t commit the offence.
- There’s need for further inquiry.
- Accused isn’t charged with an offence punishable by death, life imprisonment, or up to 10 years’ imprisonment.
|
| Bail for Non-Bailable Offences |
Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:
- Accused is a woman or child.
- Lack of evidence.
- Delay in lodging FIR.
- Accused is gravely sick.
|
Understanding the Crisis in Bail System
- Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
- Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
- Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.
Judicial Acknowledgment and Guidelines
- Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
- Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
- Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.
Empirical Assessment and Policy Reforms
- Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
- Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
- No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.
Safeguards and Adjudication Practices
- Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
- Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
- Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.
Bail Compliance Challenges
- Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
- Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
- Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.
Why bail needs reform?
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
Way forward
- No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
- Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
- Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.
Conclusion
- India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
- Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.
Try this PYQ from CSE Prelims 2021:
With reference to India, consider the following statements:
- Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
- During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Defence Modernisation Fund (DMF)
Mains level: Defence Acquisition Process in India
In the news
- The Ministry of Defence (MoD) had informed Parliament recently a separate mechanism by the Ministry of Finance in consultation with the MoD to explore a special dispensation to operationalize a “Non-lapsable Defence Modernisation Fund” because the non-lapsable pool has drawbacks as it affects parliamentary scrutiny and accountability.
About Non-Lapsable Defence Modernisation Fund (DMF):
- The DMF aims to create a dedicated pool of funds that carry over from year to year, ensuring that unutilized funds are retained for future defence modernisation initiatives. Currently, defence funding in India operates on a yearly basis, with unspent funds being returned at the end of each fiscal year.
- The dedicated Modernisation Fund is intended to supplement regular budgetary allocations and provide certainty in funding for various defence capability development and infrastructure projects.
Recommendation by XV Finance Commission
- The 15th Finance Commission proposed a dedicated Modernisation Fund for Defence and Internal Security.
- It said the Union may constitute in the Public Account of India, a dedicated non-lapsable fund, Modernisation Fund for Defence and Internal Security (MFDIS).
About the Public Account of India
- The Public Account of India was constituted by Article 266(2) of the Indian Constitution which states that “All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.”
- These funds are used to manage transactions where the government serves as a banker, such as provident funds, small savings, and other deposits.
- The Comptroller and Auditor General (CAG) is responsible for auditing all expenditures from the Public Account of India.
- Withdrawal or utilization of money can only occur for specific purposes authorized by law or parliamentary approval, ensuring proper allocation and utilization of funds.
|
Need for Non-Lapsable Funds:
- Addressing Budgetary Limitations: Yearly budget allocations lead to the surrender of unutilized funds, hindering defense modernization efforts.
- Creating Certainty: Non-lapsable funds offer certainty in funding availability, promoting stability and continuity in modernization initiatives.
- Enhancing Flexibility: These funds provide flexibility for addressing unforeseen contingencies and promoting long-term planning.
Significance of Non-Lapsable Funds:
- Certainty and Continuity: Non-lapsable funds offer assurance of funding for defence modernisation, eliminating the need for frequent requests for additional funds and ensuring continuity in project execution.
- Flexibility: These funds provide flexibility in utilization, allowing for the allocation of resources to unforeseen requirements or contingencies that may arise during the year.
- Long-term Planning: By allowing funds to carry over across fiscal years, non-lapsable funds facilitate long-term planning for defence modernization projects, promoting systematic and strategic development.
Challenges and Considerations
- Parliamentary Scrutiny: Establishing a non-lapsable fund may raise concerns about reduced parliamentary scrutiny and accountability over defense spending.
- Operational Modalities: Determining the sources of funding and operational modalities for the DMF require careful consideration to ensure effectiveness and transparency.
- Interagency Coordination: Coordination between the Ministry of Defence and the Ministry of Finance is essential for the successful implementation of the fund.
Conclusion
- The proposal for a Non-Lapsable Defence Modernisation Fund represents a proactive approach to addressing the challenges associated with defence funding in India.
- While the concept offers several potential benefits, its implementation requires careful deliberation and collaboration between key stakeholders to ensure accountability, transparency, and optimal utilization of resources in support of national security objectives.
Try this PYQ from CSP 2014:
Q.With reference to Union Budget, which of the following, is/are covered under Non-Plan Expenditure?
- Defence-expenditure
- Interest payments
- Salaries and pensions
- Subsidies
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1, 2, 3 and 4
(d) None
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Articles 194(2) (for MLAs) and 105(2) (MPs)
Mains level: Vote for cash issue
In the news
- The Supreme Court is set to decide if legislators (MPs and MLAs) enjoy immunity from bribery charges in connection with votes made in Parliament and Legislative Assemblies.
Legislators Immunity: Background and Context
- Constitutional Provisions: Articles 194(2) (for MLAs) and 105(2) (MPs) of the Constitution grant legislators immunity from legal proceedings concerning their speeches and votes in Parliament and Legislative Assemblies.
- P.V. Narasimha Case: In 1998, the Supreme Court upheld this immunity in the case of P.V. Narasimha Rao v State (CBI/SPE), ruling that legislators are shielded from criminal prosecution for bribery linked to their parliamentary actions.
Reasons for Reconsideration
- Sita Soren’s Case: The appeal by JMM MLA Sita Soren, accused of accepting bribes during Rajya Sabha elections, prompted a reevaluation of the Narasimha verdict.
- Interpretation Issues: Concerns were raised about the broad interpretation of immunity and its implications for combating bribery in legislative bodies.
Arguments Supporting Immunity
- Absolute Protection: Advocates contend that legislators enjoy complete immunity from legal action under constitutional provisions. They argue that the Speaker holds authority to address moral infractions through expulsion.
- Interpretation of Articles: The dissenting opinion in Narasimha sought to narrow the scope of immunity, but proponents stress adherence to the literal interpretation of constitutional language.
Arguments against
- Completion of Offence: Critics argue that the offence of bribery is consummated upon acceptance of the bribe, irrespective of subsequent actions. They advocate holding legislators accountable from the moment the bribe is accepted.
- Legitimate Legislative Actions: Distinguishing between legitimate and illegitimate actions, advocates assert that actions stemming from criminal conduct, such as vote-buying, should not be shielded by immunity.
Legal Interpretation and Statutory Compliance
- Prevention of Corruption Act, 1988: Critics highlight inconsistencies between the Narasimha ruling and the provisions of the PCA, emphasizing the need for alignment with anti-corruption legislation.
- Intent and Performance: Solicitor General Mehta underscored the disconnect between the Narasimha verdict and the intent of the Prevention of Corruption Act, particularly regarding the timing of criminal liability.
P.V. Narasimha Case (1998) Analogy
Judgement protects bribe-takers after there is “performance” (a speech or vote is given based on the bribe), even though Section 7 of the PCA specifically punishes public servants who accept bribes “to” or “as a reward for” performing their public duty improperly or dishonestly. |
Way Forward
- Balancing Integrity and Immunity: The court’s ruling will determine the delicate balance between upholding legislative immunity and ensuring accountability for criminal acts.
- Interpretative Scrutiny: A nuanced interpretation of constitutional provisions is essential to address the evolving complexities of legislative conduct and accountability.
Conclusion
- The Supreme Court’s forthcoming decision on legislators’ immunity from bribery charges holds significant ramifications for India’s legal landscape.
- Balancing constitutional provisions, legislative intent, and anti-corruption imperatives, the court’s ruling will shape the accountability framework for lawmakers and the integrity of the legislative process.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Submarine Communication, Fiber Optics
Mains level: Implications of maritime crisis on Submarine Cable Infrastructure
In the news
- Three undersea cables connecting India to global telecom networks—Asia-Africa-Europe-1, Europe India Gateway, and Tata Global Network—have been damaged in the Red Sea Conflict, possibly due to targeted attacks.
What are Submarine Communications Cable?
- Submarine cables are laid on the seabed between land-based stations to transmit telecommunication signals across stretches of ocean and sea.
- These cables employ fiber-optic technology, with optical fiber elements coated with protective layers suitable for the marine environment.
- Submarine cables offer a reliable, cost-efficient, and high-capacity means of internet connectivity compared to satellites.
India’s Submarine Cable Infrastructure
- With 17 submarine cables landing in 14 cable landing stations, mainly in Mumbai and Chennai, India is actively expanding its undersea connectivity.
- The Telecom Regulatory Authority of India (TRAI) has introduced regulations categorizing Cable Landing Stations (CLS) into Main CLS and CLS Point of Presence to enhance data flow and reduce reliance on foreign providers.
- TRAI’s recommendations also include recognizing submarine cable operations as critical services, proposing legislative amendments, and suggesting exemptions from custom duty and GST for essential goods.
- MIST Submarine Cable System (connecting India with Myanmar, Thailand, Malaysia, and Singapore)
- Reliance Jio Infocomm’s India Asia Xpress (IAX) (India to the Maldives, Singapore, Sri Lanka, and Thailand)
- India Europe Xpress (IEX) (India to Italy via Saudi Arabia and Greece)
- SeaMeWe-6 project (Singapore to France via India, Bangladesh, and Maldives)
- Africa2 Cable (connecting India with the UK via several African countries)
Vulnerabilities in Telecom Infrastructure
- Ongoing Conflict’s Impact: Damage to undersea cable systems in the Red Sea due to regional conflict exposes vulnerabilities in India’s internet and overseas telecom connectivity.
- Limited Connectivity: India’s relatively few connections to such cables and regulatory restrictions on expanding the submarine cable industry pose significant concerns.
- Choke Points: Cable disruptions underscore a choke point in subsea connections between Europe and Asia, particularly concerning for India due to limited connections and regulatory constraints.
Current Challenges in Submarine Cable Infrastructure
- Capacity Shortages: Rising demand from data centers, retail usage, and enterprise applications exacerbates capacity constraints in India’s submarine cable networks.
- Opaque Ownership Structures: Lack of transparency in ownership of submarine cable systems raises national security concerns, particularly regarding the involvement of International Long Distance Operators (ILDOs).
- Regulatory Constraints: Stringent regulations impede investment in submarine cable infrastructure, limiting redundancy and hindering security measures.
Implications of TRAI Proposals
- Digital Transformation: TRAI’s recommendations align with India’s digital ambitions, facilitating the expansion of data centers and enhancing internet connectivity.
- Balancing Act: DoT’s decision on TRAI’s proposals will shape the future of India’s submarine cable industry, balancing the interests of stakeholders and national security concerns.
Case Study: Australia’s Cable Protection Zone Regime
- Legislative Framework: ACPZs established within its Exclusive Economic Zone (EEZ), offer a legislative model for protecting international submarine cables.
- Regulatory Authority: The Australian Communications and Media Authority (ACMA) oversees the enforcement of protection measures within designated zones, ensuring compliance with stringent regulations.
- Prohibited Activities: It restricts activities such as seabed trawling, vessel anchoring, and dredging within Cable Protection Zones, mitigating the risk of cable damage.
|
Way Forward
[A] Replicating Success in Indian Waters
- Adopting Legislative Framework: India can collaborate with Australia to enact similar laws within its territorial waters, leveraging sovereign rights over submarine cables within the EEZ.
- Establishing Protection Zones: Creation of Submarine Cable Protection Zones, consistent with UNCLOS provisions, enables India to enforce jurisdictional and physical safeguards.
- Regional Cooperation: India can advocate for the adoption of Australia’s model legislation across the Indian Ocean Rim Association, fostering multilateral cooperation in protecting subsea infrastructure.
[B] Operational Implementation and Collaboration
- Coordination Mechanisms: Collaboration among navies and coastguards of Quad nations and like-minded countries facilitates operational coordination in monitoring and protecting high-density cable zones.
- Policy Alignment: Aligning domestic legislative frameworks with regional initiatives ensures seamless coordination and collective action in safeguarding submarine assets.
- Reducing Risks: Enhanced cooperation minimizes the risk of cable damage and sabotage, bolstering connectivity and resilience in the Indian Ocean Region.
Conclusion
- India stands at a pivotal juncture in safeguarding its subsea infrastructure amidst evolving geopolitical dynamics.
- India must fortify its submarine cable assets, ensuring uninterrupted connectivity and advancing its digital aspirations.
- Through proactive legislative measures and strategic collaboration, India can mitigate risks and emerge as a global leader in subsea infrastructure protection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Goods and Services Tax (GST)
Mains level: GST Collection
In the news
- India’s GST revenues saw a robust growth of 12.54% in February, exceeding ₹1.68 lakh crore.
- This marked the fourth-highest monthly collection since GST’s inception.
Why discuss this?
- The Goods and Services Tax (GST) system in India has been a pivotal component of the country’s tax structure since its implementation in July 2017.
- Analyzing the trends and performance of GST revenues offers insights into the economic health and growth trajectory of the nation.
Gross Revenues Overview
- Yearly Comparison: The fiscal year 2023-24 witnessed a noteworthy increase, reaching ₹18.4 lakh crore, indicating an 11.7% rise from the previous year.
- Yearly Uptick: This year’s growth stands as the third highest since the implementation of GST.
- Domestic Transactions: Revenues from domestic transactions surged by 13.9%.
- Imported Goods: Revenue from goods imports also saw a notable increase, rising by 8.5%.
State-wise Breakdown
- Overall Collection Analysis: After accounting for refunds, February’s GST collection amounted to ₹1.51 lakh crore, indicating a substantial 13.6% growth from the previous year.
- State Variability: States exhibited diverse performances, with some experiencing declines while others exceeded national growth averages.
- Declining Revenues: Five states witnessed contractions, with Mizoram and Manipur showing significant decreases.
- Outperforming States: Twelve states, including Jammu and Kashmir, Assam, and Maharashtra, surpassed the national average growth rate.
Compensation Cess Details
- Components of GST Intake: February’s gross GST intake included CGST, SGST, and IGST, amounting to ₹84,098 crore.
- Cess Collections: Compensation cess collections amounted to ₹12,839 crore, with additional revenue from imported goods.
- Revenue Distribution: The Central government allocated substantial sums to CGST and SGST from IGST collections.
- Revenue Allocation: After regular distributions, CGST received ₹73,641 crore, while SGST received ₹75,569 crore.
About Goods and Services Tax (GST)
- Definition: GST is an indirect tax that has replaced many indirect taxes in India such as excise duty, VAT, services tax, etc.
- Legislation: The GST Act was passed in Parliament on 29th March 2017 and came into effect on 1st July 2017. It is a single domestic indirect tax law for the entire country.
- Tax Structure: It is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
- Taxation Points: Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST.
Components of GST
- CGST: It is the tax collected by the Central Government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- SGST: It is the tax collected by the state government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- IGST: It is a tax collected by the Central Government for an inter-state sale (e.g., Maharashtra to Tamil Nadu).
Advantages of GST
- GST has mainly removed the cascading effect on the sale of goods and services.
- Removal of the cascading effect has impacted the cost of goods.
- Since the GST regime eliminates the tax on tax, the cost of goods decreases.
- Also, GST is mainly technologically driven.
- All the activities like registration, return filing, application for refund and response to notice needs to be done online on the GST portal, which accelerates the processes.
Issues with GST
- High operational cost.
- GST has given rise to complexity for many business owners across the nation.
- GST has received criticism for being called a ‘Disability Tax’ as it now taxes articles such as braille paper, wheelchairs, hearing aid etc.
- Fuels are not under GST, which goes against the ideals of the unification of commodities.
Try this PYQ from CSP 2015:
Q. All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the:
(a) Contingency Fund of India
(b) Public Account
(c) Consolidated Fund of India
(d) Deposits and Advances Fund
Post your responses here.
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Why in the News?
Recently, there have been significant updates made to the guidelines for the Regulatory Sandbox (RS) scheme by the RBI.
What is the Regulatory Sandbox (RS) scheme?
- Regulatory Sandbox (RS) scheme involves live testing of new financial products or services in a controlled regulatory environment with potential relaxations for testing purposes.
- It allows regulators, innovators, financial service providers, and customers to test new financial innovations, collecting evidence on benefits and risks.
- It facilitates the development of innovation-friendly regulations, enabling the delivery of low-cost financial products.
- It enables Dynamic Regulatory Environments that adapt to emerging technologies
What is the objective behind this decision of RBI?
- Through this decision, RBI aims to encourage responsible innovation in financial services and ensure compliance with digital personal data protection norms.
- This new adopted framework will enable on-tap proposals, replacing the previous structure where RBI presented the challenges to a cohort of technology firms and required them to devise solutions within a specified time frame.
- Secondly, through this decision, the central bank (RBI) remains committed to supporting innovation and technology in the financial sector.
- For example, recenty, the Paytm Payments Bank, due to its failure to comply with RBI norms, stifled innovation.
Key Highlights of the RBI’s Updated guidelines on Regulatory Sandbox scheme:
- Framework Alignment with Digital Personal Data Protection Act: The updated framework requires sandbox entities to ensure compliance with provisions of the Digital Personal Data Protection Act, 2023.
- Diverse Range of Target Applicants: The target applicants for entry to the RS are fintech companies, including startups, banks, financial institutions, any other company, Limited Liability Partnership (LLP) and partnership firms, partnering with or providing support to financial services businesses.
- Digital Personal Data Protection Norms Compliance: Under the updated guidelines, participating entities will have to comply with digital personal data protection norms.
- Origins of Regulatory Sandbox Framework: The RBI had issued the ‘Enabling Framework for Regulatory Sandbox’ in August 2019, after wide ranging consultations with stakeholders.
What is the Significance of Regulatory Sandbox?
- Learning by doing: RS provides empirical evidence on benefits and risks of emerging technologies, enabling regulators to make informed decisions.
- Testing viability: RS allows testing of product’s viability without large-scale roll-out, enabling modifications before broader market launch.
- Financial inclusion: RS can improve pace of innovation and technology absorption, leading to financial inclusion and improved financial reach.
- Evidence-based decision-making: RS reduces dependence on industry consultations for regulatory decision-making.
- Better outcomes for consumers: RS leads to increased range of products, reduced costs, and improved access to financial services.
What are the challenges along with Regulatory Sandbox scheme?
- Flexibility and time: Innovators may face constraints in the sandbox process, but time-bound stages can mitigate this.
- Bespoke authorizations: Transparent handling of applications and clear decision-making principles can address risks associated with discretionary judgments.
- Legal waivers: The RBI or its RS does not provide legal waivers.
- Regulatory approvals: Successful experiments in the sandbox may still require regulatory approvals for wider application.
- Legal issues: Transparency and clear criteria in the RS framework can mitigate legal issues like consumer losses, ensuring clarity on liability for risks.
Conclusion: The RBI’s updated Regulatory Sandbox guidelines promote responsible financial innovation. Addressing time constraints and ensuring transparent post-sandbox approvals are vital for fostering a conducive environment for ongoing advancements in the financial sector.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rare Diseases Definition
Mains level: Burden of Rare Diseases and Policy Interventions
In the news
What are Rare Diseases?
- Global Perspective: Rare diseases are defined by the World Health Organization (WHO) as often debilitating lifelong diseases or disorders with a prevalence of 1 or less, per 1,000 population.
- National Context: While India lacks a standardized definition, the Organisation of Rare Diseases – India suggests defining a disease as rare if it affects 1 in 5,000 people or less.
Rare Diseases: Key Facts and Figures
- India issued its first National Policy on Rare Diseases in March 2021, offering comprehensive strategies for prevention and management.
- Less than 5% of rare diseases have therapies available in India, yet they affect nearly 1/5th of the population.
- The Union Government allocated ₹50 lakh per patient for rare diseases treatment, but only approximately 49% of the allocated funds have been utilized.
- There are approximately 7,000-8,000 rare diseases in India, with new diseases continually being identified and reported.
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National Policy on Rare Diseases, 2021: Highlights
- Comprehensive Approach: This Policy offers a holistic framework encompassing prevention, management, and treatment strategies tailored to the unique needs of patients.
- Financial Support: Recognizing the financial burden on patients, the policy aims to lower the exorbitant costs of treatment through targeted interventions and support mechanisms.
- Research Focus: Emphasizing indigenous research, the policy lays the foundation for bolstering research initiatives in the field of rare diseases, fostering innovation and discovery.
Other Initiatives in India
- National Hospital-Based Registry: A pivotal component of the policy, the establishment of a national registry of rare diseases promises to provide invaluable epidemiological data, informing targeted interventions and resource allocation.
- Early Screening and Prevention: The creation of Nidan Kendras aims to enhance early detection and prevention efforts, crucial for improving patient outcomes and reducing disease burden.
- Capacity Building: Strengthening secondary and tertiary health facilities at Centres of Excellence underscores the commitment to enhancing healthcare infrastructure and service delivery.
Challenges and Imperatives
- Defining Rare Diseases: Despite significant progress, India lacks a standardized definition of rare diseases, necessitating clarity to guide policy and resource allocation effectively.
- Funding Utilization: Concerns arise over the underutilization of allocated funds, highlighting the urgency to streamline resource allocation and enhance accountability mechanisms.
- Patient Advocacy: Rare diseases patient advocacy groups play a pivotal role in advocating for timely access to treatment and sustainable funding support, urging policymakers and healthcare providers to prioritize patient-centric initiatives.
Way Forward
- Sustainable Funding: Ensuring sustainable funding support for rare diseases treatment is paramount to safeguarding patient well-being and fostering equitable access to care.
- National Registry Implementation: Accelerating the establishment of a hospital-based national registry is imperative to harness the power of data-driven decision-making and advance rare diseases research.
- Multidisciplinary Care: The creation of comprehensive care centers, coupled with initiatives to support caregivers, represents a crucial step towards enhancing patient outcomes and fostering a supportive healthcare ecosystem.
Conclusion
- As India commemorates World Rare Diseases Day, it stands at a pivotal juncture in its journey towards rare diseases care and advocacy.
- By embracing a collaborative and patient-centric approach, India can surmount existing challenges, paving the way for a future where every individual affected by a rare disease receives the care and support they deserve.
Try this PYQ from CSP 2014:
Consider the following diseases
- Diphtheria
- Chickenpox
- Smallpox
Which of the above diseases has/have been eradicated in India?
(a) 1 and 2 only
(b) 3 only
(c) 1, 2 and 3
(d) None
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cross-Voting in Rajya Sabha
Mains level: Exceptions to the Anti-Defection Laws
In the news
- Recent Rajya Sabha elections in Uttar Pradesh, Himachal Pradesh, and Karnataka have been marred by instances of cross-voting, prompting concerns over the integrity of the electoral process.
Why discuss this?
- Understanding the legal framework governing Rajya Sabha elections and the implications of cross-voting is crucial in addressing these concerns and upholding democratic principles.
Rajya Sabha Elections and Cross-Voting
- Constitutional Provision: Article 80 of the Constitution mandates the indirect election of Rajya Sabha representatives by the elected members of State Legislative Assemblies.
- Historical Context: Rajya Sabha elections were traditionally uncontested until 1998, when cross-voting in Maharashtra marked a departure from this trend.
Explained: Rajya Sabha Election Process
Legal Provisions and Precedents
- Open Ballot System: An amendment to the Representation of the People Act, 1951 in 2003 introduced open ballot voting for Rajya Sabha elections, aimed at curbing cross-voting.
- Tenth Schedule (Anti-Defection Law): Introduced in 1985, this Schedule disqualifies legislators who voluntarily give up party membership or vote against party instructions. However, it does not apply to Rajya Sabha elections.
- Court Rulings: The Supreme Court, in cases such as Kuldip Nayar versus Union of India (2006), upheld the open ballot system while clarifying that voting against party candidates in Rajya Sabha elections does not invoke disqualification under the Tenth Schedule.
Current Challenges and Legal Remedies
- Cross-Voting Impact: Instances of cross-voting undermine the democratic process and erode electoral integrity.
- Judicial Intervention: The Supreme Court may initiate suo moto proceedings or review existing judgments to address the issue of cross-voting.
- Disqualification Criteria: Voting against party lines in Rajya Sabha elections may be considered voluntary defection, warranting disqualification under the Tenth Schedule.
Way Forward
- Upholding the Intent: Instances of cross-voting undermine the transparency aimed at by the open ballot system, raising questions about the effectiveness of existing mechanisms.
- Judicial Intervention: The Supreme Court’s commitment to safeguarding democracy provides hope for addressing cross-voting issues through suo moto Public Interest Litigation or appeals against disqualification rulings.
- Revisiting Precedents: There is scope for the court to reinterpret its previous rulings in light of evolving circumstances, potentially aligning the consequences of cross-voting with the principles of the Tenth Schedule.
- Deterrent Measures: Clarifying that cross-voting may constitute grounds for disqualification under the Tenth Schedule could serve as a deterrent against future instances.
Conclusion
- Upholding the principles of free and fair elections requires addressing the challenge of cross-voting in Rajya Sabha elections.
- Judicial intervention and enforcement of existing laws are essential to safeguarding the integrity of the electoral process and preserving democratic norms.
Try this PYQ from CSP 2020:
Rajya Sabha has equal powers with Lok Sabha in
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Devolution of Taxes
Mains level: Read the attached story
Introduction
- Recent agitations and concerns raised by state governments highlight critical issues in the practice of fiscal federalism in India.
- Kerala and Karnataka governments, supported by others, have underscored the urgency for the 16th Finance Commission (FC) to address vertical and horizontal inequalities in devolution
Also read:
Explained: Financial Devolution among States
Trends in Vertical Devolution
- Shrinking Divisible Pool: Historically, the divisible pool consisted mainly of income taxes and excise duties shared with states. However, recent changes have seen the exclusion of certain taxes, like corporation taxes, from the divisible pool, reducing the share available for states.
- Expansion of Cesses and Surcharges: Despite the GST implementation, new cesses and surcharges continue to be introduced, contributing to the exclusion of an increasing share of gross tax revenue from net proceeds, impacting vertical devolution.
- Conflicting Data: Discrepancies in government-released information on the quantum of cesses and surcharges have raised concerns about transparency and accurate reporting, which are vital for assessing the true extent of vertical devolution challenges.
Financial Implications
- Collection Trends: Disaggregated data analysis reveals a significant rise in the collection of cesses and surcharges over the past decade, with amounts not shared with states but retained solely by the Union government, exacerbating the vertical devolution imbalance.
- Cumulative Collection: Cumulatively, substantial amounts have been collected as cesses and surcharges, depriving states of their rightful share and necessitating corrective measures to address historical wrongs in vertical devolution.
Challenges in Tied Transfers
[A] Nature of Transfers:
- Central Schemes: The requirement for state contributions to centrally sponsored schemes and central sector schemes places a financial burden on states, undermining their fiscal autonomy and perpetuating a patron-client relationship with the Union government.
- Conditionalities: Grants provided to states often come with conditionalities, such as labelling requirements, further limiting states’ flexibility in utilizing funds according to their specific needs.
- Loan Nature: Most capital transfers to states are in the form of loans, adding to states’ debt burdens and constraining their financial freedom.
[B] Impact on Federal Dynamics:
- Centralizing Tendency: Imposed conditionalities and the reliance on centrally sponsored schemes reinforce a centralizing tendency, eroding the principles of cooperative fiscal federalism and undermining states’ autonomy in fiscal matters.
- Substitution of Untied Transfers: The substitution of untied transfers with centrally sponsored schemes introduces rigidity in Union-State relations, hindering effective collaboration and diluting the spirit of cooperative federalism envisioned in the Indian federal structure.
Scrutiny by Comptroller and Auditor General (CAG)
- Non-Transfer of Funds: Instances of non-transfer or short transfer of collected amounts, as highlighted by the Comptroller and Auditor General (CAG), raise concerns about the effective utilization of funds and the transparency of financial management practices.
- Consequences:
- Defeat of Collection Logic: The failure to transfer cesses and surcharges to the designated reserve funds undermines the intended purpose of their collection, leading to inefficiencies and potential misappropriation of funds.
- Ruse for Fund Diversion: The discrepancies in fund transfers raise suspicions regarding the true intent behind cesses and surcharges, with indications that they may serve as a means to divert funds away from the divisible pool for other government expenditures.
Deviations from Finance Commission (FC) Recommendations
[A] Assessment of Union Government’s Claims:
- Retention of Gross Tax Revenue: While the retention of a portion of gross tax revenue by the Union government has a basis in constitutional provisions, the failure to adhere to FC recommendations on sharing net proceeds raises questions about the government’s commitment to equitable fiscal federalism.
- Failure in Net Proceeds Sharing: Analysis of the share of central taxes devolved to states against FC-stipulated percentages reveals consistent underperformance by the Union government, indicating a significant deviation from FC recommendations.
[B] Quantitative Analysis:
- Shortfalls: Comparisons of actual devolutions with FC-recommended shares highlight substantial shortfalls, amounting to significant cumulative amounts over the years, representing a systemic failure in achieving equitable distribution of resources among states.
- Cumulative Impact: The cumulative amounts not devolved to states underscore the magnitude of the fiscal imbalance and the urgent need for corrective measures to rectify historical injustices in vertical devolution.
Way Forward: Reform Agenda for the 16th Finance Commission
[A] Corrective Measures
- Compensations to States: Addressing historical wrongs in vertical devolution requires compensatory measures to ensure fair resource distribution among states and rectify past imbalances.
- Accurate Reporting: Mandating accurate reporting of “net proceeds” in budget documents is essential for transparency and accountability in fiscal management, enabling stakeholders to assess the true extent of resource allocation.
- Addressing Shortfalls: Providing lump sum untied grants to states to offset past shortfalls in devolution is crucial to restoring states’ fiscal autonomy and promoting cooperative federalism.
[B] Legislative Action:
- Limiting Cesses and Surcharges: Enacting legislation to impose strict limits on the collection of cesses and surcharges, with provisions for automatic expiry and prevention of rechristening, is necessary to prevent misuse and ensure transparency in revenue generation.
Conclusion
- The stance of the 16th Finance Commission on vertical devolution is pivotal for the survival of fiscal federalism in India, requiring decisive action to address existing challenges and uphold the principles of cooperative federalism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Karnataka Temple Bill, Article 26, 26
Mains level: Separation of State from Religion
In the news
- The Karnataka government’s recent move to amend the law governing the taxation of Hindu temples sparked significant debate and controversy.
- It aims to overhaul the existing framework, particularly in terms of income allocation and management.
Proposed Changes in Temple Taxation
The Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024 aimed to modify several provisions in the existing law:
- Income Allocation: The proposed change sought to divert 10% of the gross income of temples earning over Rs 1 crore annually to a common pool for temple maintenance. Section 19 of the Act outlines the purposes for which the common fund may be utilized, including religious studies, temple maintenance, and charitable causes.
- Shift in Calculation: This change would shift from the previous norm of allocating 10% of the net income of temples with earnings over Rs 10 lakh annually.
- Dedicated Common Pool: Additionally, 5% of the income of temples earning between Rs 10 lakh and Rs 1 crore annually would have been dedicated to the common pool.
- Priests Welfare: The Congress government proposed utilizing the enhanced funds to support lower-income temples, provide assistance to ailing priests, and offer scholarships to priests’ families.
Additional Amendments Proposed:
- Committee of Management: The Bill proposed including a member skilled in Vishwakarma Hindu temple architecture and sculpture within the committee of management for temples.
- Authority of Rajya Dharmika Parishat: It granted the Rajya Dharmika Parishat the power to appoint the chairman of temple management committees.
- Infrastructure Oversight: The Bill mandated the creation of district-level and state high-level committees to oversee infrastructural projects facilitating temple pilgrimage.
Criticism and Opposition
- Interference into Religious Matters: BJP leaders accused the government of attempting to “rob” Hindu temples and questioned the selective targeting of Hindu institutions.
- Questioning Motives: Concerns were raised regarding the selective taxation of Hindu temples, prompting questions about the government’s intentions.
Constitutional Insights into the Issue
The proposed Bill, which aimed to divert a percentage of temple income to a common pool, raised concerns about government interference in temple finances, potentially infringing on these constitutional rights under:
- Article 25: Ensures individuals’ freedom to profess, practice, and propagate religion, subject to public order, morality, and health.
- Article 26: Grants religious denominations autonomy to manage their religious affairs and establish institutions for religious and charitable purposes.
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Comparison with Other States
- Telangana’s Model: Similar to Karnataka, Telangana also mandates temple contributions towards a common good fund, utilized for temple maintenance and related expenses.
- Kerala’s Devaswom Boards: Kerala’s temples are managed by state-run Devaswom Boards, each with its own budget and administrative laws, overseen by government-appointed nominees.
Issues with the Bill
- Government Interference: The appointment of members from Hindu and other religions to temple management committees raises concerns about state involvement in temple affairs.
- Contradiction to Secularism: Perceived as contradicting the principle of secularism advocating for a separation of religion and state involvement in religious matters.
- Conflict with Autonomy: Opposition to the diversion of temple income for a common pool fund highlights concerns about encroachment on religious autonomy and financial mismanagement by the state.
Conclusion
- The Karnataka temple bill controversy underscores the complex interplay between governance, religion, and finance.
- While intended reforms aimed to enhance temple infrastructure and support, differing interpretations and political alignments led to its rejection.
- As states grapple with temple management, a balance between tradition, governance, and public welfare remains a constant challenge.
Try this Question from CS Mains 2018:
Q.How the Indian concept of secularism different from the western model of secularism? Discuss. (10)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Criminality of Politicians, Vote Bank Dynamics
In the news
- The Association for Democratic Reforms (ADR) and the National Election Watch has found that 36% of the newly elected Rajya Sabha candidates have declared criminal cases against themselves.
Context:
- Increase in Serious Crimes: 17% of total candidates face serious criminal charges, including with cases related to attempted murder, underscoring the gravity of the situation.
- Biased Representation: Approximately 21% of the candidates are billionaires, with assets exceeding Rs 100 crore, reflecting the significant wealth amassed by certain individuals in the political arena.
- Prevailing disparities: The majority (76%) of candidates belong to the 51-70 age group, with only 19% being women, reflecting gender disparities in political representation.
Why does Criminality persist in Indian politics?
- Political Patronage: Criminals seek political backing to sustain their illicit activities, while politicians rely on criminals for funding, muscle power, and electoral support.
- Protracted Legal Processes: Lengthy court proceedings, averaging around 15 years, coupled with declining conviction rates, allow criminals to evade justice and continue their political careers.
- Legal Ambiguity: Pending cases become a shield for tainted candidates, who exploit the “law will take its own course” narrative to deflect scrutiny.
- Electoral Advantage: Candidates with criminal records may have higher chances of winning elections, incentivizing parties to field them despite ethical concerns.
- Limited Scrutiny: Despite legal mandates for candidates to disclose criminal cases, voters often lack the awareness or resources to scrutinize this information effectively.
- Vote Bank Dynamics: Parties exploit caste, religious, or regional loyalties, prioritizing short-term gains over candidate integrity.
Impacts of Criminality in Indian politics:
- Corrosive Effects: The fusion of crime and politics has corrosive effects on the governance. The nexus between crime and politics can exacerbate corruption and weaken governance structures. When politicians with criminal backgrounds hold office, there is a higher likelihood of corruption, misuse of power, and a lack of transparency in decision-making processes, all of which can have detrimental effects on the economy.
- Undermining Democracy: Allowing criminals in politics undermines the development of a healthy democracy that India’s freedom fighters fought for. The impact extends to the provision of public goods. Research findings suggest that the effects are concentrated in less developed and more corrupt Indian states, indicating that the presence of criminal politicians hinders the effective delivery of public goods and services to constituents.
- Economic Growth: While criminal candidates may win elections in the short term, their presence can hinder the long-term development of a robust democracy. The election of criminally accused politicians leads to lower economic growth in their constituencies. Studies show a 22% point lower yearly growth in the intensity of night-time lights, which serves as a proxy for economic activity, following the election of such politicians.
Measures Taken to Address Criminalization in Politics
[A] Legislative Interventions
- Representation of the People Act, 1951: Sections 8(1), 8(2), and 8(3) establish grounds for disqualification of individuals convicted of certain offenses, barring them from contesting elections.
- Conduct of Election Rules, 1961: Mandates candidates to file affidavits disclosing pending criminal cases and convictions, enhancing transparency in electoral processes.
- Chapter IX A of Indian Penal Code: Defines and penalizes electoral offenses such as bribery and undue influence, deterring criminal activities in elections.
[B] Establishment of Special Courts
- Judicial Mechanisms: Special courts dedicated to expediting criminal cases against legislators and parliamentarians help ensure timely justice and accountability.
- Tackling Impunity: Targeted prosecution of political figures accused of criminal activities reduces impunity and strengthens the rule of law.
[C] Vohra Committee Report (1993)
- Comprehensive Analysis: The Vohra Committee investigated the political-criminal nexus, highlighting its extent and proposing strategies to combat this menace.
- Policy Recommendations: Recommendations from the report informed policy decisions aimed at disrupting criminal networks operating within political structures.
[D] Election Commission Initiatives
- Affidavit Reforms: Election Commission directives mandate candidates to declare criminal records, financial assets, and educational qualifications, empowering voters with crucial information.
- Moral Code of Conduct: Effective enforcement of ethical standards during elections minimizes the influence of criminal elements and promotes fair electoral practices.
Major Judicial Interventions
|
Background |
Key Outcome |
Significance |
| Union of India vs. Association for Democratic Reforms (2002) |
Challenged lack of transparency in electoral processes regarding candidates’ records. |
Supreme Court mandated Election Commission to compel candidates to disclose criminal, financial, and educational details. |
Empowered voters with vital information for informed choices, fostering accountability in elections. |
| Ramesh Dalal vs. Union of India (2005) |
Imposed disqualification criteria for convicted candidates. |
Supreme Court ruled sitting MPs/MLAs would be disqualified if convicted and sentenced to imprisonment for two years or more. |
Established stringent disqualification criteria to deter candidates with criminal backgrounds, enhancing integrity of elected representatives. |
| Lily Thomas vs. Union of India (2013) |
Addressed interpretation of Section 8(4) of the Representation of the People Act, 1951. |
Supreme Court declared Section 8(4) unconstitutional, disqualifying legislators convicted and sentenced to two years or more. |
Closed loopholes allowing convicted legislators to retain seats, reinforcing accountability and integrity in the political system. |
| People’s Union for Civil Liberties vs. Union of India (2013) |
Addressed voters’ rights to reject candidates with criminal backgrounds through NOTA. |
Supreme Court ruled voters could reject all candidates using NOTA in electronic voting machines (EVMs). |
Introduced NOTA as a voting option, empowering voters to express dissatisfaction with criminalized politics, and promoting cleaner elections. |
Way Forward
- Decriminalization Legislation: Enact laws to prevent individuals facing serious criminal charges from contesting elections, ensuring that those with criminal backgrounds are barred from political office.
- State Funding of Elections: Introduce state funding of elections to reduce the influence of money and muscle power, thereby minimizing the role of criminals in financing political campaigns.
- Enhanced Voter Awareness: Educate voters about the detrimental effects of criminalization in politics and provide easily accessible information about candidates’ backgrounds to enable informed decision-making.
- Empowering Election Commission: Grant Election Commission broader regulatory powers to enforce inner-party democracy, regulate party finances, and curb the influence of criminals in political parties.
- Continued Judicial Oversight: Uphold the judiciary’s role in safeguarding electoral integrity by delivering landmark judgments that reinforce accountability, transparency, and ethical conduct among elected representatives.
- Strict Enforcement of Disqualification Criteria: Ensure strict implementation of disqualification criteria for convicted politicians, irrespective of their appeals or legal maneuvers.
Try this question from CS Mains 2017:
Q. Young people with ethical conduct are not willing to come forward to join active politics. Suggest steps to motivate them to come forward. (150 Words, 10)
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