Note4Students
From UPSC perspective, the following things are important :
Prelims level: Dark Sky Reserve
Mains level: Science tourism
Context
- The union territory of Ladakh will host India’s first Dark Sky Reserve which will be set up in Hanle area in the next three months. The Dark Sky Reserve is being built as part of Ladakh’s high-altitude Changthang Wildlife Sanctuary.
What is Dark Sky Reserve (DSR)?
- Definition of Dark Sky Reserve: The International Dark Sky Association (IDSA) defines an international dark sky reserve (IDSR) as “a public or private land of substantial size (at least 700 km², or about 173,000 acres) possessing an exceptional or distinguished quality of starry nights and nocturnal environment, and that is specifically protected for its scientific, natural, educational, cultural heritage, and/or public enjoyment.
What is Core Area of Dark Sky Reserve?
- A dark sky reserve requires a “core” area that has clear sky without any light pollution, which can enable telescopes to see the sky in its natural darkness.
Why Ladakh is chosen as ideal location for DSR?
- Ladakh is ideal for long-term observatories and dark-sky sites because of its large arid area, high elevation, and sparse population, extreme cold and minimum temperature drops to minus 40 degree celcius.
- The Changthang wildlife Sanctuary, the DSR site is situated around 4,500 metres above sea level, which makes it a perfect host for telescopes.
Who is managing India’s DSR?
- The Department of Science and Technology and Indian Institute of Astrophysics (IIA) in Bengaluru are providing support for the facility. The IIA already manages the Indian Astronomical Observatory (IAO) complex in Hanle, Ladakh.
What are the International standards for DSR?
- International Dark Sky Association’s Recognition: The IDSA recognizes and accredits dark-sky areas worldwide, in three categories. The Mont Mégantic Observatory in Quebec is the first such site to be recognized (in 2007) as an International Dark Sky Reserve.
- Categorical Certification: Individuals or groups can nominate a site for certification to the International Dark Sky Association (IDSA). There are five designated categories, namely International Dark Sky parks, communities, reserves, sanctuaries and Urban Night Sky Places.
- Global Recognition: The certification process is similar to that of a site being awarded the UNESCO World Heritage Site tag or getting recognised as a Biosphere Reserve. Between 2001 and January 2022, there have been 195 sites recognised as International Dark Sky Places globally, the IDSA said.
- Dark Sky Park: IDSA recognized Natural Bridges National Monument in Utah as the world’s first International Dark Sky Park.
- Dark Sky Sanctuary: In 2015, the IDSA introduced the term “Dark Sky Sanctuary” and designated the Elqui Valley of northern Chile as the world’s first International Dark Sky Sanctuary. The Gabriela Mistral Dark Sky Sanctuary is named after a Chilean poet.
- To promote AstroTourism: The primary objective of the proposed Dark Sky Reserve is to promote astronomy tourism in a sustainable and environment-friendly manner. Scientific methods will be used here to preserve the night sky from ever-increasing light pollution.
- To offer clear skies for observations: With metros, cities and peripheral areas experiencing light pollution and remaining constantly lit up, there are diminishing areas that offer a view of clear skies on cloudless nights.
- For training purpose: In the pilot phase, the Indian Institute of Astrophysics (IIA),has procured ten small and easy-to-handle telescopes and light-reflecting shields. IIA’s scientists and outreach experts will identify locals and train them to use these telescopes.
- Sky gazing and a boost for village economy: This will include basic sky gazing, identification of constellations, and locating the pole star, among others. These telescopes will be installed at the homestays, which is a popular option for tourist accommodation in Ladakh.
Conclusion
- The Dark Sky Reserve is likely to boost Astro tourism in India where there has been no such reserve. Once set up, the reserve will be the highest-located site in the country for infrared, gamma-ray, and optical telescopes.
Mains Question
Q. What are the Dark Sky Reserves? How DRS will help in astronomical research and observations in India?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Paper 2- Freebies issue
Context
- The debate that began with an RBI 2022 report on state finances followed by Prime Minister Narendra Modi’s comment on revdi culture aka freebies, has garnered substantial attention so much so that the Supreme Court is hearing on this issue. Freebies have now assumed more importance than ever.
What are freebies?
- Freebies could be defined as non-merit subsidies. The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
- The political parties are always trying to outdo each other in luring the Indian voters with freebies.
What are Subsidies?
- Subsidies are money transfers (implicit or explicit) by the government in an attempt to drive prices artificially below market prices.
- As a National Institute of Public Finance and Policy (NIPFP) study by Sudipto Mundle and Satadru Sirkar puts it, budget subsidies, in particular, are defined as the unrecovered cost of economic and social services.
- However, all subsidies cannot be easily classified into merit or non-merit.
- Welfare state: It could be said that providing freebies empowers the state to, first, deliver welfare as a welfare state should, by providing subsidised merit goods like health and education;
- Combating poverty: To help households combat poverty (especially in economically stressed times characterised by fewer job opportunities, lower incomes, high inflation, etc.) by providing subsidised public goods like food, electricity, etc.
- Populist spending: To appeal to the electorate through outright populist spending.
Question of classification between a merit and a non-merit freebies?
- Blur Boundary: The boundaries between the aforementioned objectives begin to blur when it comes to classifying one form of freebie as a merit or a non-merit subsidy.
- Few examples: Are corporate tax cuts non-merit subsidies or a measure to boost investment? 2. Is making bus rides free for women in the national capital a non-merit subsidy or a way to boost women’s mobility and labour-force participation? 3. Are free laptops to students in Tamil Nadu not a way to bridge the digital divide in education?
- Varying definition: The existing arguments develop an understanding that freebies cannot be defined in a finite context, and that the definition varies across space and economic conditions.
How freebies impact revenue of the state?
- Adverse impact on revenues: Regardless of which one gets classified as good or bad, freebies are simply expenditures or foregone revenues. Any freebie-induced debt burden could have an adverse effect on the state finances if, one, it hasn’t been properly accounted for through transparent budgeting procedures (including off-budget borrowings in debt calculations)
- Increase in Fiscal deficit: Either way, they lead to an increase in fiscal deficit whose financing could necessitate taking on debt. It threatens fiscal sustainability, i e, it limits the state’s ability to service its debt-related commitments without making an unrealistic fiscal adjustment.
- Lack of data leading to leakages: The targeting of beneficiaries to ease the burden on the exchequer is one way to check these expenditures but lack of data has forced a situation wherein leakages and duplication of beneficiaries is commonplace.
- Jeopardises long-term growth and development: In the absence of adequate avenues of revenue mobilisation, any fiscal adjustment achieved by contracting critical expenditures on the social sector and capital formation further jeopardises long-term growth and development. The emanating risk of fiscal sustainability means a “revdi” today would take a toll on tomorrow’s generation.
What could be the solution?
- Setting up an independent fiscal council: Setting up an independent fiscal council that has been recommended by the FRBM Review Committee (2017), and recently constituted Finance Commissions too, including the 15th Finance Commission.
- Providing information and advisory: FRBM report says, the council will serve both an ex-ante role providing independent forecasts on key macro variables like real and nominal GDP growth, tax buoyancy, commodity prices as well as an ex-post monitoring role, and also serve as the institution to advise on triggering the escape clause and also specify a path of return.
- Monitoring finance: Such a council should work for the union as well as the states. Monitoring of finances and fiscal rules could also help ensure that states comply with a medium-term fiscal policy framework, which has been long argued for by economists.
Conclusion
- Freebies cannot be defined easily, and constitutionally, any state government should be empowered to spend the way it wants, provided the fiscal policy is sustainable. The message from the freebies debate is to make informed economic decisions whilst attending to key development objectives.
Mains Question
Q. There is nothing wrong in having social security programme that aims to lift the poor get out of poverty and empower the vulnerable sections of the society. In this context, where do you see the goal of sustainable economic development? Comment.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: what is moonlighting.
Mains level: Impact of moonlighting on comapnies and employment.
Context
- In July, Kotak Securities said in a study that at least 60% of 400 employees surveyed said they themselves had, or knew someone who had engaged in moonlighting.
What is mean by moonlighting?
- Moonlighting is a state where employees work for remuneration with entities other than their employers. It is not defined in any of the statutes in India. However, there are enactments that deal with double employment.
How does it affect companies and what are latest examples?
- Wipro: According to Wipro CEO, there is a lot of chatter about people moonlighting in the tech industry. This is cheating plain and simple. The company sacked 300 employees following the discovery that they were working for rival firms on the side, leading to conflict of interest.
- Infosys: Infosys has warned staff against moonlighting, saying it could lead to termination.
- Effect of WFH: Another software firm DXC Technologies said that moonlighting by employees was a challenge for employers but that wouldn’t affect its WFH (work from home) policy that has worked well for both the firm and its staff.
- Moonlighting policy: Swiggy announced a moonlighting policy’ that allows employees to pursue their passion for economic interests alongside their fulltime employment.”
- Factory act: Section 60 of the Factories Act deals with restriction on double employment stating that “No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. However, this enactment is applicable only to employees working in factories.
- The Tamil Nadu Shops & Establishments Act, 1947: There are State enactments which deal with employment of persons working in offices, banks, shops, etc. In Tamil Nadu, it is termed as The Tamil Nadu Shops & Establishments Act, 1947. However, there is no provision wherein dealing with dual employment.
- Glaxo Laboratories (I) Limited vs Labour Court, Meerut and others: The apex court held that “The employer has hardly any extra territorial jurisdiction. He is not the custodian of general law and order situation or the Guru or mentor of his workmen for their well-regulated cultural advancement. If the power to regulate the behaviour of the workmen outside the duty hours and at any place wherever they may be was conferred upon the employer, contract of service may be reduced to contract of slavery.” This case was not specifically about moonlighting but the court’s observation gives us an idea as to how the law may view such cases.
Way forward
- More earning: The Minister of State for Skill Development and Entrepreneurship, and Electronics and IT, said that employers should not to suppress employees who want to monetise, develop and demonstrate but also urged employees not to violate their agreements with employers.
- Working hours: Moonlighting is subject to law of the land. The sphere of employment cannot be extended by the employer beyond working hours and outside his place of employment.
- Socialistic view: The Courts of law in India dealing with employment are Writ Courts and Labour Courts, which exercise jurisdiction based on equity or fairness. Therefore, the Courts may lean in favour of the employee unless the contravention of the employee has led to serious prejudice and loss to the employer
Conclusion
- Employees are not the slaves of employers. What they do beyond the working hours is none of the business of employer unless it affects company financially or causes substantial damage to business. Government should bring the legal statute to regulate moonlighting and prevent the unjustified punishment of employees.
Mains Question
Q. What is moonlighting? Why employees do moonlighting? Discuss the legal framework about moonlighting in India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CSR
Mains level: corporate governance
Context
- Since the establishment of the Corporate Social Responsibility (CSR) regime in India under Section 135 of the Companies Act 2013, CSR spending in India has risen from RS.10,065 crore in 2014-15to Rs.24,865crore in 2020-21.But there is no data to verify whether this increase is commensurate with the increase in profits of Indian and foreign (having a registered arm in India) companies.
What is Corporate Social Responsibility (CSR)?
- Voluntary spending: Corporate social responsibility (CSR) is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically oriented practices.
- Ministry Corporate Affairs: The National Corporate Social Responsibility Data Portal is an initiative by Ministry of Corporate Affairs, Government of India to establish a platform to disseminate Corporate Social Responsibility related data and information filed by the companies registered with it.
- Companies Act, 2013: The Corporate Social Responsibility concept in India is governed by Section 135 of the Companies Act, 2013 (‘Act’), Schedule VII of the Act and Companies (CSR Policy) Rules, 2014 wherein the criteria has been provided for assessing the CSR eligibility of a company, Implementation and Reporting of their CSR Policies.
- Sustainable Goals: India having the most elaborated CSR mechanism and implementation strategy has started its journey to set a benchmark in attaining sustainability goals and stakeholder activism in nation building.
- Corporate philanthropy: company donations to charity, including cash, goods, and services, sometimes via a corporate foundation.
- Community volunteering: company-organized volunteer activities, sometimes while an employee receives pay for pro-bono work on behalf of a non-profit organization
- Socially-responsible business practices: ethically produced products that appeal to a customer segment.
- Corporate social marketing: Company-funded behaviour-change campaigns, Company-funded advocacy campaigns, donations to charity based on product sales.
Why there is need to review the CSR?
- Declining number: There was also a decline in the number of companies participating in CSR 25,103 in FY2019 to 17,007 in FY2021.
- Flaw in the law: If a company spends an amount in excess of the minimum 2%, as stipulated, the excess amount is liable to be set off against spending in the succeeding three financial years. Ideally, companies should have been shown courage to spend more than this.
- Own trusts: many private companies have registered their own foundations/trusts to which they transfer the statutory CSR budgets for utilisation. It is unclear if this is allowed under the Companies Act/CSR rules.
- Geographical bias: The first proviso to Section 135(5) of the Act is that the company should give preference to local areas/areas around it where it operates. This is logical. However, a report by Ashoka University’s Centre for Social Impact and Philanthropy says that 54% of CSR companies are concentrated in Maharashtra, Tamil Nadu, Karnataka, and Gujarat(receiving the largest CSR spends) while populous Uttar Pradesh and Madhya Pradesh receive little.
- Spending on environment: Item (iv) of Schedule VII of the Act deals with broader environmental issues to create a countervailing effect. However, an analysis of CSR spending (2014-18)reveals that while most CSR spending is in education (37%) and health and sanitation (29%), only 9% was spent on the environment even as extractive industries such as mining function in an environmentally detrimental manner in several States
- Incomplete information: The Standing Committee on Finance had observed that the information regarding CSR spending by companies is insufficient and difficult to access. As per the ‘Technical Guide on Accounting’ issued by the Institute of Chartered Accountants of India, a company is only required to mention its CSR spends, non-spend, under-spend, and overspend in the ‘Notes to Accounts’.
What are the suggestions to improve the mechanism of CSR?
- Centralized platform: There is a need to curate a national level platform centralised by the MCA where all States could list their potential CSR admissible projects so that companies can assess where their CSR funds would be most impactful across India with, of course, preferential treatment to areas where they operate.
- India Investment Grid: Invest India’s ‘Corporate Social Responsibility Projects Repository’ on the India Investment Grid (IIG) can serve as a guide for such efforts. This model would be very useful for supporting deserving projects in the 112aspirational districts and projects identified by MPs under the Government’s Sansad AdarshGram Yojana.
- Increase environment spending: Companies need to prioritise environment restoration in the area where they operate, earmarking at least 25% for environment regeneration.
- Public participation: All CSR projects should be selected and implemented with the active involvement of communities, district administration and public representatives.
- Transparency: Recommendations by the high-level committee in 2018 should be incorporated in the current CSR framework to improve the existing monitoring and evaluation regime. These include strengthening the reporting mechanisms with enhanced disclosures concerning selection of projects, locations, implementing agencies, etc.; bringing CSR within the purview of statutory financial audit with details of CSR expenditure included in the financial statement of a company, and mandatory independent third party impact assessment audits.
- Monitoring by government: The MCA and the line departments need to exercise greater direct monitoring and supervision over CSR spend by companies through the line ministries (for public sector undertakings) and other industry associations(for non-public units) instead of merely hosting all information on the Ministry’s website.
Conclusion
- Corporate social responsibility is an effective tool to address the social and income inequality. Present legal arrangements are toothless and based on voluntary actions. For an effective change CSR spending should be made more transparent and accountable.
Mains Question.
Q.Present arrangement of CSR is not yielding the desired result. Enlist the current weakness in CSR spending Suggest the changes needed for efficient implantation of CSR.
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Context
- On August 8, India banned the exports of broken rice and imposed a 20 per cent duty on the exports of various grades of rice amid high cereal inflation and uncertainties with respect to domestic supply.
Background
- This is surely not the first time an attempt is being made to ban wheat and rice exports.
- It was also done in 2007-08, in the wake of the global financial crisis.
- Perhaps government will also impose stocking limits on traders for a host of commodities, suspend futures trading in food items, and even conduct income tax raids on traders of food.
What is the current status of rice in India?
- World’s largest rice exporter: India has exported more than 20 MT of rice worth a record $9. 6 billion to more than 150 countries in 2021-22.It has been the world’s largest rice exporter of the grain in the last decade and has a share of around 44% global trade.
- Likely to fall in production: India’s rice production is likely to decline by 6 per cent t to 104.99 million tonnes in the kharif season due to a fall in paddy acreage amidst rainfall deficit in key producing states, including Jharkhand, Madhya Pradesh and West Bengal.
- Kharif season: Sowing in the kharif season begins with the onset of the southwest monsoon from June and harvesting from October onwards .About 85 per cent of India’s total production comes from this season.
- Deficient rainfall: West Bengal, the biggest rice producer amongst states, has received deficient rainfall in 15 of its 23 districts, raising the likelihood of crop loss. Uttar Pradesh, the second biggest producer of rice has received 42% less rainfall than benchmark. The rainfall deficiency in the other eastern states Bihar (-34%) and Jharkhand (-48%).
- Depleting stocks: There are concerns about rice stocks with the Food Corporation of India (FCI) depleting to a 10-year low level by April, 2023 year, if the free ration scheme is extended to the second half of the financial year. The government may have to impose some curbs on rice exports though minimum export price or an export tax if the scheme is extended.
Why India’s rice export ban is cause for worry?
- Thin world rice market and the impact on prices: Given that 90 per cent of production is consumed domestically, As a result, any small change in exports and imports has an enormous impact on prices, especially if it leads to panic buying of food grains by rich countries.
- Limited Import option: The stakes are higher as it is India’s largest agricultural crop. Unlike with wheat, the options for import in rice due to any production shortfall are limited, when India’s own share in the global trade of the cereal is more than 40%.
- Affect the credibility: The export uncertainties will affect the credibility of Indian exporters, create a disincentive for future exports, and will enable buyers to shift towards other major rice-exporting countries.
- Affect a section of farmers: Though Indian farmers in general lack market access, and hence do not take advantage of high market prices, the fall in prices may adversely affect a section of farmers who hope to get a better price for their produce through exports. The exporters who face the burden of the unfeasibility of exports may pass it on to farmers in the form of lower prices during procurement.
- Affect low-income and low middle-income Countries: India’s export restrictions will adversely affect several low-income and low-middle-income countries like Bangladesh, Senegal, Nepal and Benin, which are among the largest importers of Indian rice.
- Domestic prices and to safeguard food security: Frequent changes in export policies undoubtedly have long-term ramifications on domestic prices
What are the Issues in India’s rice export strategy?
- Highest ever volume: India exported the highest-ever volume of 21 million metric tonnes (MMT) of rice in 2021-22 (FY22) in a global market of about 51.3 MMT, which amounts to about 41 per cent of global exports.
- Reduced price: Such large volumes of rice exports brought down global prices of rice by about 23 per cent in March (YoY), when all other cereal prices, be it wheat or maize, were going up substantially in global markets. In fact, in FY22, the unit value of exports of common rice was just $354/tonne, which was lower than the minimum support price (MSP) of rice.
- Below MSP buying or leakage from PMGKAY: This meant that rice exporters were either buying rice (paddy) from farmers and millersat below the MSP or that quite a substantial part of rice was given free under the PM Garib Kalyan Ann Yojana (PMGKAY) was being siphoned away for exports at prices below MSP.
- Artificial competitive advantage: Free electricity for irrigation in several states, most notably Punjab, and highly subsidised fertilisers, especially urea, create an artificial competitive advantage for Indian rice in global markets.
Problems with India’s rice cultivation
- Lower yield: India’s rice yield is lower than the world average. However, India’s yield is better than Thailand and Pakistan but worse than Vietnam, China and the US.
- Higher cost of cultivation and price support: The cost of cultivation in India is also increasing, and hence there will be a need for a higher MSP to make production remunerative. This will exacerbate the pressure to re-think its price-support-backed food security mechanism.
- Water-intensive nature: India’s rice production likely to fall amidst the shortfall of rainfall in major rice producing states and increasing salinity of soil because of over usage of water. The water-intensive nature of rice cultivation, along with frequent export restrictions will adversely affect the long-run sustainability of rice production. In India, around 49 per cent of rice cultivation depends on groundwater which is depleting rapidly.
What is the link between Rice cultivation and groundwater depletion?
- Ground water depletion: In India, around 49 per cent of rice cultivation depends on groundwater which is depleting rapidly.
- Food and Agriculture Organization (FAO) data: As per the latest data available from the Food and Agriculture Organization (FAO), agricultural water withdrawal as a percentage of total available renewable water resources has increased from 26.7 per cent in 1993 to 36 per cent in 2022.
- Virtual water trade (VWT): Rice exports are leading to an indirect export of water to other countries a phenomenon known as virtual water trade (VWT). The relative per capita water availability in India is lower than a majority of its major importing countries. The other major exporters of rice, such as Thailand and Vietnam, also have better per capita water availability in comparison to India.
- Renewable water resources: Out of 133 countries in which India has positive net rice exports, only 39 countries have relatively lower per capita renewable water resources. Out of these 39 countries, 12 countries are high-income countries with the ability to buy food at a higher price.
Conclusion
- Depletion of groundwater resources and rising cost of cultivation may threaten rice production in the future. Adequate water saving measures in the form of widespread adoption of water saving practices like System of Rice Intensification (SRI) need to be taken to keep input requirements, costs and production sustainable.
Mains question
Q.As many developing countries depend on Indian rice, rice export restrictions have raised food security concerns in the global market. In this context discuss the causes and effects of India’s restrictions on rice export.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Role of Governors in State
Mains level: Issues with role of Governor
Context
- In Tamil Nadu, the Governor forwarded the Bill for exemptio from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
- In Kerala the situation has become a bit curious with the Governor publicly announcing that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill. Such actions by Governors throw the legislative programmes of governments out of gear because of the uncertainty surrounding the assent.
What is Role of Governor in Legislature?
- Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor.The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
- Established practice: In all democratic countries, similar provision exists in their constitutions.
- What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
- There are four possible scenarios:
- Assent: He may give assent.
- Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
- Reserve: The third option is to reserve the Bill for the consideration of the President.
- Withhold: The fourth option, of course, is to withhold the assent.
What are the Legislative practice in other democracies ?
- UK: The royal assent is necessary for a Bill to be passed by Parliament to become law and the crown has the power to withhold assent. But it is a dead letter.
- No power of veto: By practice and usage there is no power of veto exercised by the crown in England now. Moreover, refusal of royal assent on the ground that the monarchy strongly disapproves of the Bill or that the Bill is very controversial is treated as unconstitutional.
- USA: In the United States, the President is empowered by the Constitution to refuse assent and return a Bill to the House but if the Houses again pass it with two thirds of each House the Bill becomes law.
Why there is an ambiguity over the role of governors in India?
- Role of the governor: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance.
- Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.
- Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
- No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK . The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.
What is the Court mandated legislative practice?
- According to Article 361: The Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings. It is in fact a unique situation where a government is placed in a situation of having to challenge a Governor’s action of withholding assent to a Bill.
- Reasons: Governor while declaring that he withholds assent will have to disclose the reason for such refusal.
- No Arbitrary actions: Being a high constitutional authority, the Governor cannot act in an arbitrary manner
- Unconstitutional: If the grounds for refusal disclose mala fide or extraneous considerations or ultravires, the Governor’s action of refusal could be struck down as unconstitutional.
- Rameshwar Prasad and Others. vs Union of India case: The Court held: “the immunity granted by Article 361(1) does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides”.
- Pocket veto: since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. This is illogical and militates against the constitutional scheme in respect of law making by the legislatures.
Conclusion
- The legislature reflects the will of the people and is the constitutionally designated body to make laws. If the Governor who does not reflect in any way the aspirations of the people of the State refuses assent, and thereby defeats the legislative programme of the elected government, it would be against the spirit of the Constitution.
Mains Question
Q.Governor is the connecting link between state and central executive. Discuss the duties of Governor with respect to state legislature? Why Governor tilt more towards centre than state?
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From UPSC perspective, the following things are important :
Prelims level: what is IBC
Mains level: IBC reforms
Context
- Speaking at the Sixth anniversary of the insolvency and bankruptcy Board of India (IBBI) on October 1, Union Finance Minister Nirmala Sitharaman said that the country could not afford to lose the “sheen” of its insolvency law, the Insolvency and Bankruptcy code(IBC)
What is Insolvency?
- Simply speaking, insolvency is a financial state of being one that is reached when you are unable to pay off your debts on time.
- Insolvency is essentially the state of being that prompts one to file for bankruptcy. An entity a person, family, or company becomes insolvent when it cannot pay its lenders back on time.
- Typically, those who become insolvent will take certain steps toward a resolution. One of the most common solutions for insolvency is bankruptcy.
What is Bankruptcy?
- Bankruptcy, on the other hand, is a legal process that serves the purpose of resolving the issue of insolvency.
- Bankruptcy is a legal declaration of one’s inability to pay off debts. When one files for bankruptcy, one obliges to pay off what is owed with help from the government.
What is Insolvency and Bankruptcy Code (IBC)?
- In a growing economy, a healthy credit flow and generation of new capital are essential.
- When a company or business turns insolvent or “sick”, it begins to default on its loans.
- In order for credit to not get stuck in the system or turn into bad loans, it is important that banks or creditors are able to recover as much as possible from the defaulter, as quickly as they can.
Why the IBC introduced?
- Increasing Non Performing Assets: In 2016, at a time when India’s Non Performing Assets and debt defaults were piling up, and older loan recovery mechanisms were performing badly, the IBC was introduced to overhaul the corporate distress resolution regime in India.
- Time bound mechanism: To consolidate previously available laws to create a time bound mechanism with a creditor in control model as opposed to the debtor in possession system.
- Two positive outcomes: When insolvency is triggered under the IBC, there can be just two outcomes: resolution or liquidation. liquidation means the process of winding up a corporation or incorporated entity
- Resolution: First objective is finding a way to save a business through restructuring, change in ownership, mergers etc.
- Maximising the value: The second objective is to maximise the value of assets of the corporate debtor maximise the value .
- Credit facility: To promote entrepreneurship, availability of credit, and balancing the interests of all stakeholders.
- Easy exit: The Insolvency and Bankruptcy Code would provide such an environment to ensure easy exit for sick companies and help the country to improve its position in ease of doing business.
- Speedy winding up: The bankruptcy code will make it easier for companies to wind up failed businesses and bring India on a par with developed nations in terms of resolving bankruptcy issues.
- Time bound disposal: Timeliness is key here so that the viability of the business or the value of its assets does not deteriorate further. It minimizes the problem of delay as there are strict timelines within which the case has to be disposed off. Quick disposal of cases will maximize the recovery amount.
- Information database: It prepares a database to provide information on the insolvency status of individuals. In addition to this, specialized insolvency professionals helps in guiding through the process.
- Easy process of claim: Easy process of claim by the creditors also encourages financial institutions to extend credit facilities thus strengthening the financial markets with increased availability of credit for business.
What are the challenges before IBC?
- Weak Resolution: IBBI data for the 3,400 cases admitted under the IBC in the last six years, more than 50% of the cases ended in liquidation, and only 14% could find a proper resolution.
- Increasing deadlines: The IBC was thus initially given a 180 day deadline to complete the resolution process, with a permitted 90 day extension. It was later amended to make the total timeline for completion 330 days is almost a year.
- In FY22, it took 772 days to resolve cases involving companies that owed more than 1,000 crore. The average number of days it took to resolve such cases increased rapidly over the past five years.
- On Haircuts (Debts that banks forgo):The Parliamentary Standing Committee on Finance pointed out in 2021 that in the five years of the IBC, creditors on an average had to bear an 80% haircut in more than 70% of the cases.
- As per The Hindu Data Team, in close to 33 of 85 companies so far that owed more than 1,000 crore, lenders had to take above 90% haircuts. In case of the resolution of the Videocon Group for instance, creditors bore a haircut of 95.3%.
What are experts saying?
- Addressing the delays: In order to address the delays, the Parliamentary Standing Committee suggested that the time taken to admit the insolvency application and transfer control of the company to a resolution process, should not be more than 30 days after filing the case.
- New mechanism: The IBBI has also called for a new yardstick to measure haircuts. It suggested that haircuts not be looked at as the difference between the creditor’s claims and the actual amount realized but as the difference between what the company brings along when it enters IBC and the value realized.
Conclusion
- Insolvency and Bankruptcy Code is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. However, it is the need of the hour to find new and innovative alternatives to make this system comprehensible and address the challenge of delay and resolution.
Mains Question
Q. Insolvency and Bankruptcy Code (IBC) is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. Discuss the challenges and way ahead in the resolution mechanism of IBC.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MTP Act.
Mains level: Abortion rights,Persistence of marital rape and need for its criminalization
Context
- The recent Supreme court judgment expands the definition of rape to marital rape for the MTP Act. Marital rape is still not criminalised. If society does not accept “marital rape” as even a moral offence, how will a woman convince doctors to terminate her pregnancy based on the exception provided by the SC’s verdict.
Background
- The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP).
What is Medical Termination of Pregnancy (MTP) Act?
- Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971
- The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
- The gestation limit: The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
- Doctor’s approval: All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies up to 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
- Contraceptive failure: Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
- In case of fetal disability: There is also no upper gestation limit for abortion in case of fetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.
What is marital rape?
- Marital rape is the act of sexual intercourse with one’s spouse without her consent.
- It is no different manifestation of domestic violence and sexual abuse.
- It is often a chronic form of violence for the victim which takes place within abusive relations.
Statistics on Marital rape in India
- The NFHS-5 survey (2019-21):
- The survey said that 32% of ever-married women have suffered spousal physical, sexual, or emotional violence, and 27% have suffered at least one form of violence.
- Twenty-nine percent of ever- married women have experienced spousal physical violence and 14% have suffered emotional violence.
- The form of sexual violence most commonly reported by women is that their husband used physical force to have sexual intercourse when they did not want to (5%).
- Four per cent reported that their husband forced them with threats or in other ways to perform sexual acts they did not want to and 3% of them reported that their husband forced them to perform any sexual acts they did not want to.
- Women in rural areas are more likely (34%) than women in urban areas (27%) to experience one or more forms of spousal violence.
Why modern India still not accepting marital rape as a rape?
- Definition: The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.
- Non-Criminalization: Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.
- Exemption: Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man. However, the provision contains a crucial exemption, Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
- Marriage as perpetual consent: As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering marital relations. The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to sexual intercourse, and it cannot be otherwise.
What is the link between marital rape and MTP Act?
- The distinction and the cultural ethos: Married women have a different world attire, jewellery, rituals compared to widows or unmarried or deserted women .So is the right to sexual intercourse. In contrast, unmarried women do not have a right to sex. So what does the right to terminate pregnancy mean for them
- Ownership of women’s sexuality: Unmarried women cannot have sex, married women cannot say no to sex because men own women’s sexuality. Husbands can use the legal remedy of restitution of conjugal rights against runaway wives. Ownership is integral here
- Cause of Disharmony: An unmarried woman does not have an owner. It causes confusion and disorder. Women’s sexuality is seen as a cause of disharmony.
Why marital rape must be a crime?
- Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
- Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
- Compulsive relationship: Marital rape may occur as part of an abusive relationship.
- Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
- Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.
Present regulations in India
- Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
- However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
- Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
- According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
- They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.
Way forward
- Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control of all matters relating to her body.
- The recent judgment on the MTP Act has extended the definition of rape to marital rape which is a big step in the right direction.
- However in a society with strong social norms and value systems every stakeholder should have more than a legitimate motive. It has to play an important role.
Mains Question
Q.While abortion is available under legal regulations in the country, Discuss the relationship between the Medical Termination of Pregnancy Act and Marital Rape.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Quantum Technology
Mains level: Quantum Technology applications
Context
- The Nobel Prize committee decided to honour three scientists Alain Aspect of France, John Clauser of the US, and Anton Zeilinger of Austria for their work in domain quantum physics.
What is the contribution of these three scientists?
- Together, these three have made seminal contributions to not just the foundations of quantum theory but also to efforts that have now enabled the possibility of a wide range of applications.
- Their experiments have conclusively established that the ‘entanglement’ phenomenon observed in quantum particles was real, not a result of any ‘hidden’ or unknown forces.
What is the Significance of this Discovery?
- Wide applications: It could be utilised to make transformative technological advances in computing, hack-free communications, and science fiction-like concept of ‘teleportation’.
What is Quantum Theory?
- Subatomic level: Quantum theory is a fundamental theory in physics that provides a description of the physical properties of nature at the scale of atoms and subatomic particles.It is the foundation of all quantum physics including quantum chemistry, quantum field theory, quantum technology, and quantum information science.
- Different from conventional physics: Quantum mechanics differs from classical physics in that energy, momentum, angular momentum.
- Planck’s assumption: In 1900, Planck made the assumption that energy was made of individual units, or
- Albert Einstein’s theory : In 1905, Albert Einstein theorized that not just the energy, but the radiation itself was quantized in the same manner.
- Louis de Broglie theory: In 1924, Louis de Broglie proposed that there is no fundamental difference in the makeup and behaviour of energy and matter; on the atomic and subatomic level either may behave as if made of either particles or waves. This theory became known as the principle of wave-particle duality: elementary particles of both energy and matter behave, depending on the conditions, like either particles or waves (wave-particle duality).
- Heisenberg proposed: In 1927, Werner Heisenberg proposed that precise, simultaneous measurement of two complementary values – such as the position and momentum of a subatomic particle – is impossible. Contrary to the principles of classical physics, their simultaneous measurement is inescapably flawed; the more precisely one value is measured, the more flawed will be the measurement of the other value. This theory became known as the uncertainty principle, which prompted Albert Einstein’s famous comment, “God does not play dice.”
What is Entanglement?
- Entanglement was another of several weird properties exhibited by these tiny particles. Two particles, having ‘interacted’ with each other at some stage, were found to have got ‘entangled’ in a way that the behaviour of one produced an instantaneous reaction in the other even if the two were no longer connected in any way and were separated by very large distances.
- The entanglement property to open up new technological possibilities. first time that it was possible to ‘teleport’ the quantum states of a particle to another location without the particle moving anywhere and without a medium.
What is Superposition?
- It’s a phenomenon where, a particle exists simultaneously at multiple locations, known as superposition. The chance of finding the particle at any given place was dictated by probabilistic calculations, and once it was found, or observed, at one location, it ceased to exist at all other places.
What was the Einstein’s assessment?
- Special theory of relativity: Einstein’s Special Theory of Relativity prohibited any signal from travelling faster than the speed of light. The seemingly instantaneous communication due to entanglement had the danger of further unravelling the foundations of physics.
- Spooky behaviour: Einstein describes the strange behaviour by quantum particles as ‘spooky’.
- Speed of light: One major concern of Einstein, that entanglement allows for transmission of information at speeds faster than light, was not entirely accurate.When an operation is performed on one of the entangled particles, there is an instantaneous reaction in the other.
- Communication problem: There is no way for the observer at the other end to know the reaction has happened. The observer has to be made aware of the operation having been performed, and this happens only through classical communication channels limited by the speed of light restriction.
Conclusion
- The entanglement property is now being utilised to build the next generation of computers, called quantum computers, which exploit the quantum behaviour of particles to overcome challenges considered as unsurmountable. It is being used to create secure communication algorithms that would be immune to hacking.
Mains Question
Q.What is the quantum theory? How it is different from classical theory of physics? How entanglement property is used in various applications?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India china friction points
Mains level: Border security
Context
- The National Congress of the Chinese Communist Party (CCP), scheduled in October, promises to deliver important outcomes, which will impact not just China but affairs of other nations, neighbour and beyond. A look into India-china Relationship as china has always been hostile towards its neighbours.
Background of Indo-China Relations
- 1950
- India and China established diplomatic relations on 1st April 1950.
- India was the first non-socialist country to establish relations with the People’s Republic of China and the catchphrase ‘Hindi Chini Bhai Bhai’ became famous.
- 1955
- Both countries attended the Asian-African Conference in which 29 countries participated in Bandung, Indonesia and jointly advocated the Bandung Spirit of solidarity, friendship and cooperation.
- It has led to the decolonisation of the whole of Asia and Africa and to the formation of a Non-Aligned Movement as the third Way between the Two Blocs of Superpowers.
- The First NAM Summit Conference took place in Belgrade, Yugoslavia, in September 1961.
- 1962
- The border conflict led to a serious setback in bilateral relations.
- 1976
- China and India restored ambassadorial relations and bilateral ties improved gradually.
- 1988
- Indian Prime Minister Rajiv Gandhi visited China, initiating the process of normalization of bilateral relations.
- The two sides agreed to look forward and develop bilateral relations actively in other fields while seeking a mutually acceptable solution to boundary questions.
Areas of Cooperation between India and China
1.Political Relations between India and China
- In 1993, Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control (LAC) on the India-China Border Areas was signed to bring stability and substance in bilateral ties.
- In 2008, two countries have also extended their strategic and military relations.
- MoU was signed to open an additional route for Kailash Mansarovar Yatra through Nathu La.
- India and China have also established a High Level Dialogue Mechanism on Counter Terrorism and Security
- To facilitate exchanges between Indian states and Chinese provinces, States/Provincial Leaders Forum was established
2.Commercial and Economic Relations between Indo-China
- China will establish two Industrial Parks in India and expressed their intention to enhance Chinese investment in India
- India extended e-visa facility to Chinese nationals
- Trade and Economic Relationship are shaped through various dialogue mechanism
- Joint Economic Group led by the Commerce Ministers of both sides
- Strategic Economic Dialogues led by the Vice Chairman of NITI Aayog and the Chairman of National Development and Reform Commission of China
3.Cultural Relations between India and China
- India and China have entered into an agreement on co-production of movies
- Yoga is becoming increasingly popular in China. China was one of the co-sponsors to the UN resolution designating June 21 as the International Day of Yoga
4.Education Relations between India and China
- India and China signed Education Exchange Programme (EEP), which is an umbrella agreement for educational cooperation between the two countries.
- Chinese students are also annually awarded scholarships to study Hindi at Kendriya Hindi Sansthan, to learn Hindi
5.Indian Community
- Presently around 35,500 Indians are staying in China, students and working professional form a major part of it.
- PICFA” Pondicherry India China friendship association is an NGO dedicated for developing people-to-people relation between India and China in areas of education, culture and tourism.
What are the recent anti- India moves by China?
- China continues to stake its claim to Arunachal Pradesh as Southern Tibet.
- Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
- China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
- On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory
What is the present situation of Indo-China relations?
- Troops in Ladakh: We have been on tenterhooks since the sanguinary Galwan clash of 2020, and borne a heavy cost for the “mirror-deployment” of 50,000-60,000 additional troops in Ladakh.
- LAC negotiations: Sino-Indian diplomatic parleys having been suspended, the task of LAC negotiations has been foisted on local military commanders.
- Truce for SCO: The 16th successive commanders’ meeting would have seen yet another futile conclusion, but for compulsions of the impending Shanghai Cooperative Organisation, which apparently led to a modest breakthrough. Consequently, the third round of troop disengagement and the creation of another buffer zone has taken place in Siachen, this time in the area of Gogra-Hot Springs.
- Bilateral Trade: The India-China trade is on course to cross USD 100 billion for the second consecutive year as it has gone up to USD 67.08 billion in the first half of this year amid a big surge of Chinese exports.
- “According to the statistics of Chinese competent authorities, bilateral trade volume between China and India stood at USD 125.66 billion in 2021.China remains the largest trade partner of India and for the first time the bilateral trade exceeded USD 100 billion in 2021.
Issue of concerns in India-China relations:
- Belt Road Initiative: India has objected this, since its inception on grounds of violating its sovereignty pointing to China Pakistan Economic Corridor.
- India’s support to China on global issues has not led to Beijing’s reciprocation for instances: China opposed India’s permanent membership to UN Security Council and entry into NSG.
- India faces trade imbalance heavily in some favor of China. In 2017-18, trade deficit has gone wide to US$62.9 billion in China’s favor.
- Two countries failed to resolve their border dispute and steadily established military infrastructure along border areas Indian media outlets have repeatedly reported Chinese military incursions into Indian territory
- China has expressed concerns about Indian military and economic activities in the disputed South China Sea. Same way India is also concerned about rising Chinese activities in Indian Ocean.
- China’s strong strategic bilateral relations with Pakistan and other neighboring countries like Nepal and Bhutan is cause of concern as these countries act as buffer states.
What are the options for India to learn from the past and see what lies ahead in India-China relations?
- Inevitable Race: The prevailing tension on the China-India border is a symptom of the broader strategic competition between the two Asian neighbors.
- Quad grouping: Immediately after the clashes, India leaned toward the Quad a grouping of the United States, Australia, Japan, and India with multiple summit meetings and other engagements. Until that point, India was unwilling to refer to the Quad as the Quad, instead using the cumbersome India-Australia-Japan-United States grouping.
- Equal seriousness: Both sides should treat the military escalation in eastern Ladakh with equal seriousness.
- Armed coexistence: Even after the resolution of the present standoff in eastern Ladakh, both sides may be in a prolonged period of armed coexistence as a new normal. As the forces on both sides are likely to be relatively balanced, it would be advantageous for both to return to the agreements and understandings from 1993 onward and improve upon them. Clarifying the LAC is a crucial step in this effort.
- Address trade imbalance: India has flagged the unsustainable trade imbalance at the front and centre of the relationship, and this has gone unaddressed. China will need to work on resolving the trade deficit with India. At any rate, decoupling will happen selectively, in the same way and for the same reasons that China is choosing to decouple from the United States. A balanced trade and economic relationship might lay a solid foundation for future relations, given the size of both economies.
- Dialogue is necessary: Better understanding of each other’s regional initiatives through open dialogue is important to build trust. The Indo-Pacific vision is as much a developmental necessity for India as the BRI may be to China. Part of building trust must be an open discussion on each other’s intentions in key regions South Asia and the northern Indian Ocean and East Asia and the western Pacific as well as respect for each other’s special positions in the western Pacific and northern Indian Oceans.
- Protect the core interest: The two sides would need to accommodate the legitimate interests of the other side on key partnerships: China’s with Pakistan and India’s with the United States. These may not be desirable, but in the current circumstances neither will give up its partners, and both India and China could talk through a modus vivendi on the red lines of concern.
Conclusion
- The two countries are standing at a crossroads, and this might be the final chance to take the path to coexistence of cooperation and competition. If not, a new phase of antagonistic rivalry may be starting, with the countries sliding into possible confrontation as the strategic periphery of China collides with the strategic backyard of India in the Indian Ocean region.
UPSC Mains Question
Q.India and China are the two Asian giants aspiring for regional supremacy and global influence, clash is unavoidable. Discuss how India and china can coexist together.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to Privacy
Mains level: Cyber security,Right to privacy,Technology
Context
- Keeping an eye on the telecommunication regulatory framework Supreme Court issued substantive legal reform on surveillance laws in India. Union government has published the Draft Telecommunications Bill, 2022 to replace the Telegraph Act, 1885.
Background
- Over two decades ago, allegations of surveillance against politicians led to a CBI inquiry and report against V P Singh’s government. The allegations revealed that imaginary reasons were given for ordering phone tapping without authorization.
- Last years, many publications reported that phones of several dozen Indian journalists, lawyers and human rights activists had been compromised using an invasive Israeli-developed malware called Pegasus.
What is Draft Telecommunications Bill, 2022?
- The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
- The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
- The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.
What are the current laws governing communication surveillance in India?
Communication surveillance in India takes place primarily under two laws:
- Telegraph Act, 1885: It deals with interception of calls.
- Call interception:Under Section 5(2) of this law, the government can intercept calls only in certain situations.
- For sovereignty:They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
- Free speech restrictions:These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
- Exceptions for journalists:A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.
- Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
- Electronic surveillance:Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
- Data interception:Under the IT Act, all electronic transmission of data can be intercepted.
- Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.
How the loopholes in the current system breaching the Data Privacy?
- No comprehensive data Protection Law:
- No comprehensive data protection law leaving ambiguities over several laws.
- A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.
- Unaccountable, opaque exercise of surveillance:
- The Telegraph Act contains broad and excessive powers of interception and surveillance of communications carried out through any telegraph.
- The surveillance power is principally contained under Section 5(2), and has resulted in an unaccountable, opaque and unconstitutional exercise of surveillance that has led to accusations across the political spectrum.
- Less transparency:
- Ministry of Home Affairs refuses to disclose even aggregate data on the number of surveillance orders issued by it each year illegally gathered evidence is being sought to prosecute people.
- For instance, the Bombay High Court about three years ago noted in a case that premier investigating agencies such as the CBI have used, interception orders (that) neither have sanction of law nor issued for legitimate aim.
Key features of the Draft Telecommunications Bill, 2022
- The Bill introduces a broad definition of ‘telecommunication services’.
- It now includes internet-based services, in-flight and maritime connectivity, interpersonal communications services, machine to machine communication services, and over-the-top (OTT) based communication services that are made available to users by telecommunication
- KYC and caller id requirements:
- The Bill requires licensed entities to ensure that they identify the persons to whom they provide telecommunication services.
- The Bill places an obligation on telecommunication service providers to do this through a ‘verifiable mode’, as prescribed by the government.
- Licensing, registration, and authorization:
- Under the Bill, four types of permissions are identified – license, registration, authorization and assignment.
- While the Bill does not differentiate between the four types of permissions, it clarifies that a license is only required for providing telecommunication services or operating telecommunication networks
- Wide ranging powers of Central Government:
- The Bill includes wide-ranging powers for the central and state governments in the event of a public emergency or in interest of public safety.
- These powers include taking temporary possession of any telecommunication services, suspension of transmission in cases of public emergency, interception/detainment/disclosure of messages, suspension of communications, or otherwise transmit certain announcements for public safety and national security purposes.
- User protection and duties: User has been declared as an important policy objective of the Government. It places a duty on users to not furnish false information, suppress material information or impersonate others when proving identity to avail telecommunication services.
- Offences and penalties: Any offence under the Bill may be punished with a fine, imprisonment, suspension of telecommunication services or a combination of the above. For companies, the employees who were responsible for the conduct or the business relating to the offence at the time the offence was committed will be punished.
- Dispute resolution mechanism: The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution
What are Concerns over the Draft Telecommunication bill, 2022?
- Regulatory overlaps:The broad of the definition of ‘telecommunication services’ include OTT communication platforms such as WhatsApp, Telegram, Signal among others, may potentially lead to regulatory or jurisdictional overlaps.
- Unchecked use of State powers:The Bill gives broad powers to the central government in prescribed situations without any accompanying checks and balances. The Bill empowers the central and state government to intercept messages in the interest of public safety and emergency without the providing clearly defined guardrails for it.
- Undefined National security: The term, national security is left undefined and does not match constitutional precedent or text which instead uses the phrase,in the interests of the security of state
- Users Less choice in the privacy and security of their digital footprint:
- Power to prescribe standards under Clause 23, which may result in regulations as recently issued by the Computer Emergency Response Team (CERT-In) that have resulted in the closure of servers or services by leading, global VPN providers such as Proton and TunnelBear.
- All of this practically means that users will have less choice in the privacy and security of their digital footprint, as these powers will lead to requirements to locally register and host data, and comply with requirements to identify users (KYC requirements).
Conclusion
- There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens.
Mains Question
Q. Any deviation from the moral and legal parameters set by the law would amount to a deliberate attack on citizens. In this context discuss the data privacy of citizens in the era of massive expansion of internet and mobile usage.
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From UPSC perspective, the following things are important :
Prelims level: Various Schemes
Mains level: Malnutrition, under-nutrition and micro-nutrition.
Context
- Under the free breakfast scheme of Tamil Nadu Government, children in government schools from Class I to Class V will get nutritious breakfast provided in their schools every morning. The scheme is aimed at encouraging more children to continue to come to school and help prevent dropouts in primary level.
CM’s Breakfast Scheme
- The scheme covers around 1.14 lakh students in 1,545 schools which include 417 municipal corporation schools, 163 municipality schools and 728 taluk and village panchayat-level schools.
- The inauguration of the scheme marks an important milestone in the State’s history of providing free meals to school students.
- Morning Breakfast: Under the morning breakfast scheme, every student is to be provided a cooked meal of 150-500 grams breakfast with sambar with vegetables. With a budget outlay of Rs33.5 crore in the initial phase, the new scheme caters to 1,14,095 primary school students from1,545 government schools.
- Micronutrients deficiency: School administration will serve hot breakfasts to schoolchildren by 8:30 am before their classes begin. Students will be served upma, kichadi or Pongal from Monday to Friday, while rava kesari or semiya kesari will be added to the menu on Fridays.The local millets available in the area will also be part of the menu for at least two days a week.
- Aim of the scheme: The scheme mainly aims to help students attend school hunger free and improve their nutritional status.
What do the Critics of the scheme argue?
- Freebies: The scheme stands at the confluence of three socio-political developments: a fierce but murky political debate on freebies.
- Mid-day meal scheme: There was no need to supplement the existing mid-day meal scheme. But going by the content of the scheme, it seems unlikely that it will bring any substantial or sustained improvements in the above mentioned aspects of nutrition, especially since T.N. is already doing well in this regard.
- Populism: This is just a populist scheme by state government for vote bank politics.
- Questionable outcomes: Though the scheme has the potential to ensure that children attend classes hunger free, reliable and representative data on what proportion of them attend school without having breakfast regularly is scarce. Though the State acknowledges that students tend to skip breakfast because of the school timing and their financial situation, it is important to identify which among these is the significant contributor. The present approach does not distinguish between the two.
What the Defenders of the scheme argue?
- Positive outcomes: Studies from other countries suggest that free breakfast schemes might help increase educational outcomes through a likely increase in school attendance and improved concentration on studies.
- On freebies: The freebie debate strategically deploys fiscal burden as a potent tool to possibly constrain States from discharging this responsibility.
Why feeding children in school is important?
- Welfare state: The States have a responsibility to promote welfare and minimise inequalities in income as well as in facilities and opportunities among individuals and groups (Article38).
- Global Food Security Index: The welfare responsibility of the States remains undiminished, especially since India is ranked 71out of 113 countries on the Global Food Security Index.
- Global Hunger Index: India ranked 101 out of 116countries on the Global Hunger Index.
- Human development index: 132 out of 191 countries on the Human Development Index. India’s mean years of schooling stood at just 6.7 years in 2020-21.
- Inequality: Additionally, India has among the highest levels of inequality in education. This responds closely with the rising wealth inequality, as brought out by the recent Credit Suisse report.
- Stunting and wasting: Malnourishment in children (stunting, wasting and underweight) under 5 years has reduced as per National family health survey-5 (2019-21) from 38.4% to 35.5%, 21.0% to 19.3% and 35.8% to 32.1% respectively as compared to NHFS-4 (2015-16). However present scenario is not good as compare to other developing nations in south Asia.
What are the different Existing Scheme?
- The Midday Meal Scheme: The Midday meal is a school meal programme in India designed to better the nutritional standing of school-age children nationwide.
- The programme supplies free lunches on working days for children in primary and upper primary classes in government, government aided, local body, Education Guarantee Scheme, and alternate innovative education centres, Madrasa supported under Sarva Shiksha Abhiyan, and National Child Labour Project schools run by the ministry of labour.
- Serving 120 million children in over 1.27 million schools and Education Guarantee Scheme centres, the Midday Meal Scheme is the largest of its kind in the world.
- PM-POSHAN: The name of the scheme has been changed to PM-POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme, in September 2021, by MoE (Ministry of Education), which is nodal ministry for the scheme.
- The Central Government also announced that an additional 24 lakh students receiving pre-primary education at government & government-aided schools would also be included under the scheme by 2022.
Conclusion
- India’s spending in human development enhancing welfare schemes has been very dismal. There is an urgent need for implementing innovative and effective welfare schemes to address the disruptions caused by the pandemic in the education and nutrition sectors and strengthen these sectors.
Mains Question
Q.Malnutrition, under-nutrition and micro-nutrition requires a different approach. Distinguish and suggest the existing policy gaps to address them.
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From UPSC perspective, the following things are important :
Prelims level: Mediation Bill
Mains level: Scope of Mediation Bill
Context
- The Mediation Bill, 2021 was introduced in the Rajya Sabha on December20, 2021,with the Parliamentary Standing Committee being tasked with a review of the Bill. The committee’s report to the Rajya Sabha was submitted on July 13, 2022. In its report, the Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising mediation and establishing the Mediation Council of India.
What is mean by mediation?
- Mediation: Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
- Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
- Very Convenient: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn’t subject to the convenience of courts
Why does India need mediation?
- No separate law: While there is no standalone legislation for mediation in India, there are several statutes containing mediation provisions,such as the Code of Civil Procedure, 1908,the Arbitration and Conciliation Act, 1996,the Companies Act, 2013, the Commercial Courts Act, 2015, and the Consumer Protection Act, 2019.
- Supreme Court mandate: The Mediation and Conciliation Project Committee of the Supreme Court of India describes mediation as a tried and tested alternative for conflict resolution.
- Being an international signatory: As India is a signatory to the Singapore Convention on Mediation (formally the United Nations Convention on International Settlement Agreements Resulting from Mediation), it is appropriate to enact a law governing domestic and international mediation.
- Promote mediation: The Bill aims to promote, encourage, and facilitate mediation, especially institutional mediation, to resolve disputes, commercial and otherwise.
- Mandatory Mediation: The Bill further proposes mandatory mediation before litigation. At the same time, it safeguards the rights of litigants to approach competent adjudicatory forums/courts for urgent relief.
- Confidentiality: The mediation process will be confidential and immunity is provided against its disclosure in certain cases.
- Legally binding: The outcome of the mediation process in the form of a Mediation Settlement Agreement (MSA) will be legally enforceable and can be registered with the State district or taluk legal authorities within 90days to ensure authenticated records of the settlement.
- Mediation Council of India: The Bill establishes the Mediation Council of India and also provides for community mediation.
- Services of Mediator: If the parties agree, they may appoint any person as a mediator. If not, they may apply to a mediation service provider to appoint a person from its panel of mediators.
- Disputes where no mediation required: The Bill lists disputes that are not fit for mediation (such as those involving criminal prosecution, or affecting the rights of third parties). The central government may amend this list.
- Time bound process: The mediation process must be completed within 180 days, which may be extended by another 180 days by the parties.
What are the Concerns over the bill?
- Mandatory provision: According to the Bill, pre-litigation mediation is mandatory for both parties before filing any suit or proceeding in a court,whether or not there is a mediation agreement between them.
- Monetary punishment: Parties who fail to attend pre-litigation mediation without a reasonable reason may incur a cost. However,as per Article 21 of the Constitution,access to justice is constitutional right which cannot be fettered or restricted. Mediation should just be voluntary and making it otherwise would amount to denial of justice.
- Clause 26: According to Clause26 of the Bill, court annexed mediation, including pre-litigation mediation, will be conducted in accordance with the directions or rules framed by the Supreme Court or High Courts. However, the Committee objected to this. It stated that Clause26 went against the spirit of the Constitution.In countries that follow the Common Law system, it is a healthy tradition that inthe absence of statutes, apex court judgments and decisions carry the same weight. The moment a law is passed however, it becomes the guiding force rather than the instructions or judgments given by the courts. Therefore, Clause 26 is unconstitutional.
- Lack of international enforceability: Bill considers international mediation to be domestic when it is conducted in India with the settlement being recognised as a judgment or decree ofa court. The Singapore Convention does not apply to settlements that already have the status of judgments or decrees. As a result, conducting cross border mediation in India will exclude the tremendous benefits of worldwide enforceability.
Conclusion
- In order to enable a faster resolution of disputes,the Bill should be implemented after discussion with stakeholders and resolve the issues in an amicable manner. It’s a good opportunity for India to become an international mediation hub for easy business transactions.
Mains Question
Q.Address the key concerns in the mediation bill 2021 and how India can become the centre of international dispute resolutions.Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Live streaming of courts proceedings
Context
- On September 27, the Supreme Court enabled the live streaming of the hearing of cases.
- A full court of all Supreme Court judges under the leadership of Chief Justice U U Lalit took the unanimous decision to live-stream constitutional bench proceedings. Justice Chandrachud, the Chairperson of the Supreme Court’s E-committee and the driving force behind the live streaming initiative, began the hearing in his courtroom by announcing,”We are virtual”.
Background
- The Court’s original decision by the bench of the then Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud on September 27, 2018, allowing the live telecast of important proceedings paved the way for this outcome. They had held that the live-streaming of court proceedings is in the public interest.
- Their vision had the full support of Chief Justices M V Ramana and U U Lalit.
What is live-streaming technology?
- At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
- Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
- Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.
What is Live-streaming of the court?
- Live streaming of court is that its proceedings that the people can watch on their mobiles and computers.All courtrooms function under camera glare.
- Instilling Faith in the Judiciary: Enabling the ordinary people of the country to view, without any barrier, the workings of the highest court of the land will go a long way in instilling faith in the judiciary.
- Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.Important step toward developing an informed citizenry.
- Respect to Rule of Law: The decision will enable people to understand the importance of the rule of law.It will help people appreciate that the judiciary is firm in protecting the rights of the impoverished, historically marginalised and disempowered sections of society. Potential to build a culture of respect for the rule of law.
- Living up the expectation of Constitution: Live-Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21.
- More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know. This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
- Raise the quality and standards of the legal profession: Lawyers will be better prepared to appear before the court and they will be mindful of not making irresponsible remarks. An inclusive approach to public scrutiny could nudge and enable lawyers to take the justice delivery mechanisms more seriously than they may have in the past.
- Level playing field: It also creates a level playing ground for the younger members of the legal profession as their preparedness and intellectual prowess will be apparent to all.
- Academic help: Watching courtroom proceedings,actual arguments by lawyers and searching questions by judges could inspire law students to take up this relatively neglected field.Law faculty members and legal researchers will be motivated to work on new areas of scholarship and research relating to the functioning of the judiciary and legal profession.
- Easy accessibility reducing the obstacle of distance: With live-streaming, the litigants will no longer have to come to Delhi to witness proceedings of their case which would be just a click away.
- Strengthening Democracy: Transparency and accessibility of the process of justice delivery will strengthen the country’s democracy
What are the Concerns around live-streaming of court?
- Contempt of court: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
- Disinformation and sensationalism: There are fears that irresponsible or motivated use of content could spread disinformation among the public.
- Unnecessary activism: With the advent of social media, every citizen became a potential journalist. Study shows that justices behave like politicians when given free television time, they act to maximize their individual exposure
- Internet connectivity: Internet connectivity issues and the need for a well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
- Awareness and training: Judges, court staff and lawyers are not well-versed with digital technology and its benefits. The need of the hour is for them to be made aware of these and receive adequate training.
Which countries live-stream their court hearing?
- Internationally,constitutional court proceedings are recorded in some form or the other.
- United States: The Supreme Court of the United States streams its hearings in audio format at the end of each week.The US top court publishes hearings on its website and Oyez of all cases. Oyez is a multimedia judicial archive of the Supreme Court of the United States’ proceedings.
- Brazil: The Supreme Federal Court of Brazil live streams hearings of all cases in video format on television.
- UK: The UK Supreme Court live streams hearings of all cases in video format on its website.
- Canada: The Canadian Supreme Court also live streams hearings of all its cases in video format on its website.
- Australia: The Australian Supreme Court streams hearings of its full-court cases on its website with a delay of about a day. Meanwhile, the High Court of Australia (HCA) does not live-stream its proceedings.
- China: In China,court proceedings are live-streamed from trial courts up to the Supreme People’s Court of China.
Conclusion
- The chief justices (past and present) and the judges of the Supreme Court deserve to be congratulated for enabling a path-breaking and democratic decision that allows the people of India to be able to watch the live proceedings of the Constitutional Bench.The distinguished jurist, Oliver Holmes,famously observed,“The great thing in the world is not so much where we stand, as in what direction we are moving.” The judges of the Supreme Court of India have ensured that we are indeed moving in the right direction.
Mains Question
Q.Adoption of technology will radically change the field of law and transform the judiciary. What will be the role of courts, judges, politicians,media and citizens of the country regarding live streaming of court proceedings. Discuss
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From UPSC perspective, the following things are important :
Prelims level: Natural gas
Mains level: Clean energy
Context
- The announcement at the end of August by the ministry of petroleum that they had constituted a committee, headed by energy expert Kirit Parikh, to review the domestic natural gas pricing regime.
Background
- Prime Minister Narendra Modi wants to raise the share of gas in India’s energy mix to 15% by 2030 from 6.2%, helping it progress towards meeting a 2070 net zero carbon-emission goal.
What is Natural Gas?
- Natural gas is a fossil fuel source consisting primarily of methane. It is the cleanest fossil fuels among the available fossil fuels.
- It is used as a feedstock in the manufacture of fertilizers, plastics and other commercially important organic chemicals as well as used as a fuel for electricity generation, heating purpose in industrial and commercial units.
- Natural gas is also used for cooking in domestic households and a transportation fuel for vehicles.
Why Natural gas is Important?
- Energy Efficient:Natural gas produces more energy than any of the fossil fuels in terms of calorific value.
- Cleaner fuel: Natural gas is a superior fuel as compared with coal and other liquid fuels being an environment-friendly, safer and cheaper fuel.
- Economy of use: Natural Gas (as CNG) is much cheaper compared with petrol or Diesel.
- Emission commitments: India made a commitment to COP-21 Paris Convention in December 2015 that by 2030, it would reduce carbon emission by 33%-35% of 2005 levels.
- Diverse applications: Natural gas can be used as domestic kitchen fuel, fuel for the transport sector as well as a fuel for fertilizer industries and commercial units.
- Supply chain convenience: Natural Gas is supplied through pipelines just like we get water from the tap. There is no need to store cylinders in the kitchen and thus save space.
- Pacing up the progress line: On the global front,switching to natural gas is bringing commendable results.The latest report released by IEA shows that the electricity produced by natural gas worldwide was more than that of coal for the first time ever.
Natural gas scenario in India
- Domestic Gas Sources: The domestic gas in the country is being supplied from the oil & gas fields located at western and southeastern areas viz. Hazira basin, Mumbai offshore & KG basin as well as North East Region (Assam & Tripura).
- Import of Liquefied Natural Gas (LNG): In order to meet the gas demand, LNG is imported through the Open General License (OGL) in the country. At present, India is having six operational LNG regasification terminals at Dahej, Kochi, Mundra, Ennore etc.
- Gas Pipelines :
- Gas Pipeline infrastructure is an economical and safe mode of transporting natural gas by connecting gas sources to gas-consuming markets.
- An interconnected National Gas Grid has been envisaged to ensure the adequate availability and equitable distribution of natural gas in all parts of the country.
- Pricing:
- To incentivise gas producers and boost local output, since 2014 India has linked local gas prices to a formula tied to global benchmarks, including Henry Hub, Alberta gas, NBP and Russian gas.
- In 2016, the country began fixing the ceiling prices of gas produced from ultra-deep water and challenging fields and allowed marketing freedom to the operators of these fields.
- Current consumption: India’s natural gas consumption is expected to grow by eight per cent year-on-year to around 34,949 million standard cubic meters (MSCM) in the current calendar year aided by expanding infrastructure, strong GDP growth projections, and supportive government policy.
- 2021 Consumption: In the 2021 calendar year (CY), the country’s natural gas demand stood at 32,360 MSCM. The share of domestic gas and imported RLNG was about 48% & 52% respectively. The City Gas Distribution (CGD) accounts for the largest consumption of natural gas followed by fertilizers, power and other industrial sectors
- High prices: The state-set local gas prices and ceiling rates are at a record high and are expected to rise further due to a surge in global gas prices triggered by the Ukraine-Russia conflict.
Kirit Parikh Committee
- Objective: Ensuring fair prices to end consumers, and to suggest a market oriented, transparent and reliable pricing regime for India’s long term vision for ensuring a gas based economy.
- Members: The committee,headed by energy expert Kirit Parikh, will include members from the fertiliser ministry, as well as gas producers and buyers.Four of the six members are from the public sector.
What are the problems facing India’s natural gas reserves?
- Harsh topography: IHS CERA has estimated India has undiscovered gas resources of approximately 64 TCF The bulk of this is, however, in harsh topography and complex geology. These reserves are difficult to locate.
- Distant from the market:Even if located,they are difficult to bring to market on economically viable terms. This is because the cost of creating the development and production infrastructure is massive.
- Heavy Budget: The reality is India is a high-risk exploration play. There are inherent geologic, technical, and economic obstacles to achieving commercial success.
- Administered Pricing: Constraint of administered pricing petroleum companies have reduced their exploration budgets under pressure to shift away from fossil fuels.
What can be done?
- Pricing freedom: It should clear up the existing complexity and, other than for producers of gas from nomination blocks, permit all producers of gas to determine prices through arms length,direct and transparent negotiations with different consumer segments.
- Subsidies: There are no liquefaction facilities for the export of LNG in India. Subsidies may have to be provided but if so,they should be given directly by the government,through the exchequer. The gas producers must not be asked to bear that brunt.
Conclusion
- In the wake of the Ukraine crisis, the international energy market has undergone a profound transformation.India has made impressive progress towards clean energy. It has,however, a long way to go before it can fully wean itself off fossil fuels.
Mains Question
Q. It is evident that clean energy transitions are underway and it’s also a signal that we have the opportunity to meaningfully move the needle on emissions through more ambitious policies and investments in natural gas regime. Comment
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PDS,Subsidies
Mains level: Climate change and Food security
Context
- In pursuance of the earlier announcement of additional food security under PMGKAY, the Union Cabinet has approved the extension for the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY-Phase VII) for a further period of 3 months from October to December 2022.
What is Climate Change?
- United Nations defines Climate change as long-term shifts in temperatures and weather patterns. These shifts may be natural, such as through variations in the solar cycle. But since the 1800s, human activities have been the main driver of climate change, primarily due to burning fossil fuels like coal, oil and gas
- The Food and Agriculture Organization (FAO)defines food security as , when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life.
Pradhan Mantri Garib Kalyan Anna Yojana?
- Pradhan Mantri Garib Kalyan Anna Yojana (PM-GKAY) is a scheme as part of Atmanirbhar Bharat to supply free food grains to migrants and poor.
- Phase-I and Phase-II of this scheme was operational from April to June, 2020 and July to November, 2020 respectively.
- The PMGKAY scheme for Phase VI from April-September, 2022 would entail an estimated additional food subsidy of Rs. Rs. 80,000 Crore.
How food security and climate change are interlinked?
- Extreme events: India is going to have extreme events such as heatwaves, droughts, floods, etc of increasing intensity and frequency.
- Rising GHGs emission: We may keep blaming developed economies and ask for climate justice, yet we will have to act fast and boldly to correct our own policies that increase GHG emissions and aggravate the situation.
- Subsidies: Power provided at next-to-nothing prices, free water and highly subsidised fertilisers especially urea are some of the policies that are damaging the natural environment.
- Food ecosystem: Food security is one of the leading concerns associated with climate change. Climate change affects food security in complex ways. It impacts crops, livestock, forestry, fisheries and aquaculture, and can cause grave social and economic consequences in the form of reduced incomes, eroded livelihoods, trade disruption and adverse health impacts.
Why food security is a matter of concern?
- Fiscal deficit: The fiscal deficit of the Centre may go higher than provisioned in the Budget for FY23. The finance ministry not supporting the extension of this free food beyond September was, economically, a rational recommendation. More so as Covid-19 is behind us and the economy is back to its normal level of activity.
- Depleting stocks: The PMGKAY was announced in April 2020 in the wake of the pandemic’s first wave. At that time, it was perhaps necessary to support all those who lost their jobs. But doubling free rations depleted the bulging stocks of grains. Now with wheat procurement having plummeted, there is a concern about whether stocks are enough to curb inflationary expectations in the country.
- Less harvest: To replenish wheat stocks in FCI godowns, the government will have to raise the minimum support price (MSP) of wheat quite substantially. For rice, the current stocks are ample, but given the monsoon vagaries, the forthcoming rice harvest is estimated to be about 7 million tonnes less.
- Rising MSP: PMGKAY will be difficult to extend beyond December without putting an undue burden on MSPs and the fiscal deficit.
- Other reasons:
- Inflation: Even though the RBI has raised the repo rate by 50 basis points, the probability of inflation, as measured by the consumer price index (CPI), remaining higher than the central bank’s tolerance band is increasing by the day.
- Depreciating Rupee: The RBI has already spent more than $80 billion to support the rupee, and there are limits to which it can go. And, if RBI tries to hold the rupee artificially high, it will adversely hit Indian exports, widening the current account deficit and putting further pressure on the rupee. The best that RBI can and should do is to avoid a sudden and abrupt fall in the rupee, but also let it find its natural level given what is happening globally, especially in the currency markets.
- Long haul: The risks of higher inflation from the falling rupee remain and are likely to continue for at least one year, if not more.
What can we do?
- Increasing foreign exchange reserves: Government have to have innovative policies to promote exports and attract more foreign direct investment (FDI).
- Fixing Issue price: fix the issue prices of PDS supplies at half the MSP and limit the PDS coverage to 30 per cent of the bottom population.
- On rupee fall: The best that RBI can and should do is to avoid a sudden and abrupt fall in the rupee, but also let it find its natural level given what is happening globally, especially in the currency markets.
- Use of technology: If we have to tame food inflation, we will have to invest more in climate-smart agriculture, in precision farming, with high productivity and less damage to natural resources.
- Right ecosystem: Science and technologies can, of course, help us, but they cannot be scaled in a perverse policy ecosystem.
- Adoption of sustainable agricultural practices: India needs to step up public investment in development and dissemination of crop varieties which are more tolerant of temperature and precipitation fluctuations and are more water and nutrient efficient.
- Management of water resources: A four pronged strategy is recommended for the water sector; Increase irrigation efficiency, Promote micro irrigation in water-deficient areas, Better water resource infrastructure planning, Restoration of water bodies in rural areas, Stronger emphasis on public health.
- Long-term relief measures in the event of natural disasters: A recent report by NITI Aayog suggests that the government should transfer a minimum specified sum of cash to affected farmers and landless workers as an instant relief. For richer farmers who may want insurance above this relief, the report recommends a separate commercially viable crop insurance programme.
Conclusion
- So far India has done well to tame the food inflation as compared to other developed and developing economies. Present policy of RBI burning the FOREX and government increasing the deficit is unsustainable in long run. Food security needs to be insured by climate resilient policies for long term sustenance.
Mains Question
Q.Climate change is a growing concern that threatens sustainable development in addition to food security and inflation. Discuss
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From UPSC perspective, the following things are important :
Prelims level: Nord Stream,GHG,Methane Emission
Mains level: Environmental degradation, Man made disasters.
Context
- Four leakages were reported at different points in the Nord Stream pipelines, linking Russia and Europe, since September 26. Two of the leaks were in Swedish waters while the other two were reported from Danish waters. The European Union said they suspected “sabotage” behind the leaks.
What is Nord Stream Pipeline?
- Nord Stream 1 is the biggest pipeline transporting natural gas between Russia and Europe via Germany.It is a system of offshore natural gas pipelines running under the Baltic Sea from Russia to Germany.
- Nord Stream 1 is a 1,224 km underwater gas pipeline that runs from Vyborg in northwest Russia to Lubmin in northeastern Germany via the Baltic Sea.
- Russian threats to choke this gas supply to Europe present an economic threat to Germany.
- To expand options and double the supply from Russia, Germany decided to build Nord Stream 2.
- The construction of the $11 billion-worth Nord Stream 2 was completed in 2021 but never began commercial operations.
Why the Nord Stream pipeline is so important?
- For Germany: Energy prices in Germany, Europe’s largest economy, are among the lowest in the continent because of the cheap gas supplies via Nord Stream 1. This also makes German manufactured goods more competitive in the international market.
- For European Union: In 2021, Russia supplied nearly 40 per cent of the EU’s natural gas needs through this pipeline. The flows through Nord Stream play a vital role in filling up the national storage tanks of EU. It is crucial to provide the required heating in the upcoming winter.
- For Russia: Russia is using the supplies via the crucial pipeline as a bargain to navigate its economy through sanctions from the western countries.
- Nord stream pipeline is the largest single supply route for Russian gas to Europe. The Russian state owned gas company Gazprom has a majority ownership in the pipeline.
- While it was running at just 20% of its capacity since the Russia-Ukraine conflict began, the company, in early September fully cut gas flows from the pipeline on the pretext of maintenance.
- According to Bloomberg, while 40% of Europe’s pipeline gas came from Russia before Russia Ukraine the war, the number now stands at just 9%.
- Even though both pipelines were not running commercially, they had millions of cubic metres of gas stored in them.
The recent leakage in the pipeline
- Commercial Methane: Measuring satellite firm GHGSat says, that a conservative estimate based on available data suggested that the leaks together were releasing ‘more than500 metric tonnes of methane per hour’ when first breached, with the flow decreasing over time.
- Biggest methane leakage ever: According to UNEP The leakage from the Nord Stream natural gas pipeline system under the Baltic Sea have led to perhaps the single biggest release of methane ever recorded.
- Amount of leakage: The rate of leakage at one of the four points of rupture in the pipeline was 22,920 kg per hour. That is equal to burning about 286,000 kg of coal every hour, according to scientists.
What will be the Impact of methane leakage?
- Possibility of more leakage: With the timeframe for repairs being uncertain, the pipelines were unlikely to provide any gas to Europe in the forthcoming winter months, even if the political will to resume supply was found.
- Commercial damage: European gas prices spiked after reports of the leaks emerged; European Benchmark prices rose 12% on Tuesday, while Dutch and British Prices continued to rise.
- Ozone formation: Methane is the primary contributor to the formation of ground-level ozone, a hazardous air pollutant and greenhouse gas, exposure to which causes 1 million premature deaths every year.
- Green House gas: Methane is also a powerful greenhouse gas. Over a 20-year period, it is 80 times more potent at warming than carbon dioxide.
- Global warming: Methane has accounted for roughly 30 per cent of global warming since pre-industrial times and is proliferating faster than at any other time since record keeping began in the 1980s.
- Emission have already increased during the lockdown: According to data from the United States National Oceanic and Atmospheric Administration, even as carbon dioxide emissions decelerated during the pandemic-related lockdowns of 2020, atmospheric methane shot up.
Why is it important to reduce methane emission?
- Short lifespan: Carbon dioxide remains in the atmosphere for hundreds to thousands of years. But it takes only about a decade for methane to break down. So, reducing methane emissions now would have an impact in the near term and is critical for helping keep the world on a path to 1.5°C.
- Human caused methane emissions: Human-caused methane emissions could be reduced by as much as 45 per cent within the decade. This would avert nearly 0.3°C of global warming by 2045, helping to limit global temperature rise to 1.5˚C and putting the planet on track to achieve the Paris Agreement targets.
- Prevent premature deaths: Every year, the subsequent reduction in ground-level ozone would also prevent 260,000 premature deaths, 775,000 asthma-related hospital visits, 73 billion hours of lost labour from extreme heat and 25 million tonnes of crop losses.
- Reducing the Agriculture emission: Agriculture and allied activities remains the biggest contributor of methane emission. The UN’s Koronivia Joint Work on Agriculture initiative is supporting the transformation of agricultural and food systems, focusing on how to maintain productivity amid a changing climate. Representatives are also working to mainstream agriculture into the UN Framework Convention on Climate Change.
Conclusion
- Nord stream pipeline leakages will further exacerbate the ozone formation, Green House Gas emissions global warming and thereby climate change. In the spirit of Paris climate change agreement nations must act together to rein in the menace of GHG emissions.
Mains Questions
Q.Methane emission into atmosphere is done more by human activities than natural causes. In the spirit of Paris climate change agreement nations must act together to rein in the menace of GHG emissions. Explain
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From UPSC perspective, the following things are important :
Prelims level: Location,BIMSTEC,Centre for Bay of Bengal Studies
Mains level: Foreign Policy,Regional Grouping
Context
- At the fourth BIMSTEC summit, Prime Minister Narendra Modi announced the opening of the Centre for Bay of Bengal Studies (CBS) at Nalanda University. The launch of the CBS has once again demonstrated India’s commitment to advancing constructive agendas by forging connections and setting up platforms for all those with an interest in the of Bay of Benagl.
- Commerce hub: The Bay has long been a major commerce hub for the Indian Ocean. It created a conduit between the East and the West in terms for trade and culture.
- Emerging arena of maritime warfare: An Indo-Pacific orientation and the realignment of global economic and military power towards Asia have had a considerable impact on the Bay region.
- Communication and Energy: The key sea lanes of communication in this area are lifelines for global economic security and are crucial to the energy security that powers the economies of many countries in the region.Further, non-traditional dangers including terrorism and climate change have become more prevalent.
- Under water resources: The Bay also provides an opportunity for greater regional cooperation in the environmentally friendly exploration of marine and energy resources. The Bay has a biodiverse marine environment.
- Fresh water resources: It receives the water from some of the world’s largest rivers. It is a partially enclosed sea that has given rise to several geological characteristics.
- Ecology: It is home to many rare and endangered marine species and mangroves, which are essential to the survival of the ecology and the fishing sector.
Why ecology in the region is under threat?
The region’s maritime environment has changed as are result of major powers expanding their economic and geopolitical influence.
- Competition: Political and cultural engagement, together with economic competition, have taken on new dimensions. More crucially, the Bay’s ecosystem is going through an unprecedented crisis brought on by widespread environmental exploitation and geopolitical unrest.
- Resource exploitation: Species extinction is a result of careless exploitation of the maritime environment, which has severe consequences on biodiversity. Problems such as population growth, altered land use, excessive resource exploitation, salinity, sea level rise, and climate change are exerting significant strain on the Bay’s environment.
- Water pollution: Operational discharge from small and medium feeder ships, shipping collisions, unintentional oil spills, industrial waste, pollution, and the accumulation of non- biodegradable plastic litter are all contributing to the deterioration of the Bay.
- Declining ecology: A dead-zone has formed, and the mangrove trees that protect the shore from the fury of nature are under more threat than ever.
What could be the Solutions?
For a better knowledge of challenges, and strategies to overcome them for the sustainable development of the region, more focused and inter-disciplinary study is required on these issues.
- Centre for Bay of Bengal studies: By founding the CBS, Nalanda University has already started its journey and given the nation a unique interdisciplinary research centre devoted to Bay focused teaching, research, and capacity building. Additionally, scholars from many countries and academic streams are already participating in CBS’s first certificate programme on the Bay.
- Inter-governmental cooperation: It is essential that nautical neighbours develop a partnership and cooperate because of the maritime domain’s interrelated and interdependent nature, transnational character, and cross-jurisdictional engagement of various governments and diverse organisations and enterprises.
- Maritime connectivity: A few concerns that need immediate attention include expanding cooperation in maritime safety and security, enhancing cooperation on maritime connectivity and the ease of maritime transit, and boosting investment possibilities in the maritime connectivity sector.
- Illegal activities: The latter subject involves addressing non-traditional threats and fostering group efforts to reduce illicit, unreported, and unregulated fishing.
- Data sharing: Standardising and harmonising data reporting.
- Balanced approach: Furthermore regional marine entities should strive to balance opportunities and goals on a national, regional, and international scale.
- Investment in R&D: Littoral governments need to support and promote skill-building, research, and training.
Conclusion
- Countries in the Bay of Bengal need to mobilise investments, manage maritime affairs more effectively. Alternative lifestyle should be explored. The cooperation of all member states, for information gathering, sharing and result oriented actions is crucial in protecting the ecology of Bay of Bengal.
Mains Question
Q.Countries in the Indian subcontinent are developing rapidly, putting serious stress on the environment of the Bay of Bengal.Mention the challenges and suggest solutions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Transboundary Rivers
Mains level: Disaster Management
Context
- Pakistan experiencing devastation, with a spread of diseases and severe shortage of potable water after intense flooding. In June this year Assam experienced one of its worst floods in which it affected over 30 districts. Assam and Bihar frequently suffer from transboundary flood disasters.
- Floods that are originate in upper riparian state crosses the international boundary and also affects the lower riparian state. For example, river Brahmaputra causes flood both in China and India simultaneously.
How the transboundary floods are difficult to manage than normal floods?
- Flooding is still considered to be a natural phenomenon that cannot be entirely prevented. But it is compounded by the lack of transparency in the sharing of hydrological information and also information relating to activities (such as by one riparian state) that are transboundary in their effect (affecting other riparian states), thus serving as an obstacle in understanding the magnitude of flooding.
What is a riparian state?
- A riparian state is state (or country) located alongside a river.
What are the International laws governing transboundary waters?
There are at two international treaties that governs the transboundary water
- UNWC:
- United Nations Convention on the Law of the Non-Navigational Use of International Watercourses (UNWC) 1997.UNWC contains a direct reference to floods, which covers harmful conditions and the emergency situations.
- Article 27 of the Convention says, Watercourse States shall individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions that may be harmful to other watercourse States, whether resulting from natural causes or human conduct or desertification.
- Environmental Impact Assessment:
- The International Court of Justice (ICJ), in the Pulp Mills on the River Uruguay (Argentina vs Uruguay) case of 2010, upheld that conducting a transboundary environmental impact assessment (TEIA) of a planned measure or projects on the shared water course is part of customary international law.
- In fact, the ICJ noted that the acting state must notify the affected party of the results of TEIA for assessment of its own damages that are likely to occur.
- UNECE: United Nations Economic Commission for Europe (UNECE) on the Protection and Use of Transboundary Watercourses and International Lakes 1992 (Water Convention).
How India manages transboundary flood?
- Note:Neither India nor China are signatory to UNWC or UNCEC.
- River Brahmaputra: India has signed the memorandum of understanding (MoU) with China in 2013 with a view to sharing hydrological information during the flood season (June to September). The MoU does not allow India access to urbanisation and deforestation activities on the Chinese side of the river basin.
- Rivers Gandak and kosi: Floods are also a recurrent problem in the Kosi and Gandak river basins that are shared by India and Nepal.
- The India-Nepal Kosi agreement 1954: Agreement aimed at reducing devastating flooding in the river basin. The treaty-based joint bodies have also tried to refine the early warning systems for flood forecasting.
What are the suggestions?
- Signing the treaty: Expert suggests, India by becoming a party to either the UNWC and the Water Convention could lay the groundwork for a bilateral treaty on the Brahmaputra but subject to the reservation that it should not insist on the insertion of a dispute settlement mechanism provision.
- Information exchange: In contravention of procedural customary international law obligation, India considers data on transboundary rivers as classified information, which is one of the key challenges in developing cross-border flood warning systems. India needs to share the hydrological and river information for its own sake.
Conclusion
- Climate change has accelerated the frequency and intensity of floods across the world. with Changing climate India should also change its strategy to protect its people, to preserve the soil and to save its resources from the scourge of floods.
Mains Questions
Q.Climate change has created a more difficult challenge in flood management. In this context, what measures can be taken to deal with frequent transboundary floods in India. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Economics,Energy,Infrastructure
Context
- The game changing scheme is being proposed by the central government in power sector governance. The scheme under consideration is the market-based economic dispatch (MBED). When it comes to any drastic change in the power sector, a clash between the Centre and the states is inevitable.
What is Market Based Economic Dispatch (MBED)?
- Market Based Economic Dispatch (MBED) is new approach towards power distribution to help distribution companies save costs and transition to a new form of power market.
- It is a shift to a centralised framework, marks a radical departure from the current decentralised, voluntary pool-based electricity market.
What is the framework under MBED?
- The cheapest power from across the country will be dispatched to meet the system wide demand. The architecture would also lead to a “Market clearing price”.
- Sellers and buyers will place their bids for the day market, and an outcome of this will be the discovery of the market clearing price.
- This process is expected to generate significant savings for consumers.
- Under the present regime, each distribution company (Discom) is bound by the power purchase agreements (PPAs) that it holds.
- It can schedule power only from its own PPAs, starting from the cheapest PPA and then moving up; it cannot schedule power from the PPA of some other distribution company.
What are the drawbacks of present system?
- Financial Burdon:
- The Indian government responded to COVID-19’s economic shock with a stimulus package of Rs.20-lakh crore, out of which Rs.90,000 crore was earmarked for discoms (later upgraded to Rs.1,25,000 crore). While it was called a stimulus, it is really a loan, meant to be used by discoms to pay off generators.
- Discoms owe one lakh crore rupees to generators, and without such an infusion the chain will collapse.
- States are defaulters:
- State governments are the biggest defaulters, responsible for an estimated a third of trade receivables, besides not paying subsidies in full or on time.
- On an annual cash flow basis, the shortfall in subsidy payments appears very low, only about 1% but cumulative unpaid subsidies, with modest carrying costs, make discoms poorer by over Rs.70,000 crore just over the last 10 years.
What will be the Advantages of MBED?
- Centralized approach: The centralised dispatch will be done with the assistance of electricity exchanges. Each discom and each generator will place a bid in the day-ahead market of the electricity exchanges, which will indicate how much power is being demanded/ supplied at what price.
- Pan India market: These bids will enable the load dispatcher to construct a pan India demand and supply curve, the intersection of which will determine the market clearing price (MCP). All generators whose variable cost of generation is below the MCP will be asked to dispatch and all of them will receive the same MCP irrespective of what they had bid. Generators whose variable cost is higher than the MCP will sit idle.
- No loss to discom: The MBED is so devised that its operation will not affect the current finances of either the discoms or the generators for the following reasons.
- First, the fixed cost of the generators will still be paid by the discoms outside the market as determined by the regulator.
- Second, if the MCP comes out to be Rs 3 per unit, and if in the case of any PPA, the variable cost is Rs 2.75 per unit, then the generator will compensate the discom to the extent of Rs 0.25 per unit. Similarly, if the MCP so determined is Rs 2.50 per unit, then the discom will compensate the generator to the extent of Rs 0.25 per unit.
- Increasing efficiency: The logic is that by adopting MBED, only the relatively efficient plants will generate, without affecting the revenues of either the discoms or generators. Hence, the total cost of generation under the MBED system would be less.
- Less pollution: There would be less coal consumption and less carbon dioxide injected into the atmosphere.
- Easy integration with renewable: It would also mean less movement of coal leading to decongestion of railway tracks. Further, there would be enhanced renewable integration since the balancing area would shift from state to national level.
- Single market clearing price (MCP): Incidentally, since there are three electricity exchanges in operation today, there would be three different MCPs determined. What we need is a single MCP for which there will be an institution called the “market coupler”. It will be the job of the coupler to determine a national MCP based on what has arrived at the three different exchanges.
Why states are opposing?
- High generation cost: The reason is the state-owned generators are relatively inefficient and may have to sit idle as their variable cost of generation is likely to be more than the MCP.
- Political backlash: Today, the states are operating their own generators to the hilt, even though they are inefficient, and drawing only the balance from the more efficient interstate generating stations. Keeping state generators idle has its own political implications and no state would be enamoured of this idea.
Conclusion
- Power distribution companies (discom) are sinkhole of government finances. Every year budgetary support is needed to this loss-making companies , With due consultation, all states and union territories need to adopt and implement the MBED and save the resources for other development activities.
Mains Question
Q. India has became the power surplus nation, however power distribution and financial unsustainability is still a nightmare for union and states. Elaborate.
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