THE INDIAN POLITY AND GOVERNANCE

1. EXPLAINED: WHY THE GOVT HAS WITHDRAWN THE PERSONAL DATA PROTECTION BILL

THE CONTEXT: The government has withdrawn the Personal Data Protection Bill from Parliament as it considers a “comprehensive legal framework” to regulate the online space, including bringing separate laws on data privacy, the overall Internet ecosystem, cybersecurity, telecom regulations, and harnessing non-personal data to boost innovation in the country.
THE EXPLANATION:
Why is this development significant?
• The government has taken this step after nearly four years of the Bill being in the works. It had gone through multiple iterations, including a review by a Joint Committee of Parliament (JCP), and faced major pushback from a range of stakeholders including big tech companies such as Facebook and Google, and privacy and civil society activists.
• The tech companies had, in particular, questioned a proposed provision in the Bill called data localisation, under which it would have been mandatory for companies to store a copy of certain sensitive personal data within India, and the export of undefined “critical” personal data from the country would be prohibited. The activists had criticised, in particular, a provision that allowed the central government and its agencies blanket exemptions from adhering to any and all provisions of the Bill.
• The delays in the Bill had been criticised by several stakeholders, who had pointed out that it was a matter of grave concern that India, one of the world’s largest Internet markets, did not have a basic framework to protect people’s privacy.
• “The withdrawal of the Data Protection Bill, 2019 is concerning, for a belated regulation is being junked. It’s not about getting a perfect law, but a law at this point,”. “It has been close to 10 years since the (Justice) A P Shah Committee report on privacy, five years since the Puttaswamy judgment (right to privacy) and four years since the (Justice B N) Srikrishna Committee’s report — they all signal urgency for a data protection law and surveillance reforms. Each day that is lost causes more injury and harm.”

Why has the Bill been withdrawn?
• A data protection law for India has been in the works since 2018, when a panel led by Justice Srikrishna, a retired judge of the Supreme Court, drew up a draft version of a Bill. The draft was reviewed by the JCP, which submitted its recommendations along with a draft Bill in November 2021.
• In a note circulated to Members of Parliament, Union IT Minister Ashwini Vaishnaw explained the reason behind the withdrawal of the Bill: “The Personal Data Protection Bill, 2019 was deliberated in great detail by the Joint Committee of Parliament. 81 amendments were proposed and 12 recommendations were made towards a comprehensive legal framework on the digital ecosystem. Considering the report of the JCP, a comprehensive legal framework is being worked upon. Hence, in the circumstances, it is proposed to withdraw ‘The Personal Data Protection Bill, 2019’ and present a new Bill that fits into the comprehensive legal framework.”

What did the JCP recommend?
• The JCP tabled its report after 78 sittings spread over 184 hours and 20 minutes, and after having received half a dozen extensions. It proposed 81 amendments to the Bill finalised by the Srikrishna panel, and 12 recommendations including expanding the scope of the proposed law to cover discussions on non-personal data — thereby changing the mandate of the Bill from personal data protection to broader data protection. In its most basic form, non-personal data are any set of data that does not contain personally identifiable information.
• The JCP’s report also recommended changes on issues such as regulation of social media companies, and on using only “trusted hardware” in smartphones, etc. It proposed that social media companies that do not act as intermediaries should be treated as content publishers — making them liable for the content they host.

So what could the revamped Bill look like?
• Specific provisions or contours of the upcoming new Bill are not known. But a senior official said that on the question of data localisation, the government is considering whether to add it to the planned new version of the Information Technology Act, and whether to allow cross-border data flows only to “trusted geographies”. “The thinking is that the data should be stored in a region that is trusted by the Indian government, and that data should be accessible in the event of a crime,” the official said.
• According to senior government officials, the new data protection Bill will do away with some recommendations by the JCP such as including “trusted hardware”, and local storage of some kinds of personal data within the boundaries of India. Instead, it will add these ideas to the larger framework for the Internet ecosystem, which will replace the Information Technology Act of 2000. All these separate laws, it is learnt, will be presented at the same time.
• The new Bill could also do away with classification of personal data from the perspective of data localisation, and only use classification for awarding damages to people whose personal data may have been compromised by an entity.

When is the revamped Bill expected to be ready?
• Minister of State for Electronics and IT Rajeev Chandrasekhar said the government will table the new legislation in Parliament “very quickly”.
• “The government has today withdrawn the Personal Data Protection Bill that was formulated in 2018 and re-written by the JCP in 2021,” A comprehensive approach to the laws will be undertaken by the government and we will come back to Parliament very quickly after following the process of consultation”.
• According to sources in the IT Ministry, the government is aiming to bring the legislation in Parliament’s Winter Session. A senior official said that the new Bill would incorporate the broader ideas of data protection as recommended by the JCP, and would be in line with the Supreme Court’s landmark privacy judgment of 2017. Given the significant number of amendments suggested by the JCP, it was necessary to comprehensively redraw the contours of the proposed law.

THE INTERNATIONAL ISSUES

2. WHAT ARE LIVE-FIRE EXERCISES, RECENTLY CONDUCTED BY CHINA?

THE CONTEXT:In a massive show of strength, China began its live-fire exercise near Taiwan on August 4 2022, launching at least 11 ballistic missiles into the country’s coast, a day after US House speaker Nancy Pelosi visited Taiwan.
THE EXPLANATION:
• Taiwan’s defence ministry announced that multiple Chinese ships and planes had once again crossed the median line of the Taiwan Strait, which separates the two countries. Calling the military exercises “highly provocative,” the defence ministry states that it had dispatched aircraft and ships and deployed land based missile systems in response to the situation.
• Japan’s Prime Minister condemned China’s largest live-fire exercise in the region, calling it a “serious problem that impacts our national security and the safety of our citizens,” after 5 ballistic missiles launched by the People’s Liberation Army (PLA) landed in Japan’s exclusive economic zone
What are live-fire exercises?
• They are exercises primarily used by military personnel, in which live ammunition is used to create training conditions that are as close to real combat scenarios as possible. Live-fire exercises are also used by law enforcement and firefighters as a form of field training, to train them to act calmly in real-life emergency situations in the future.
• During live-fire training, soldiers are placed in simulated combat situations and are given the opportunity to use their weapons and equipment (like ships, aircraft, tanks and drones). Such exercises are invaluable in maintaining combat readiness of troops, the cohesiveness of units, and instilling confidence in their ability to use their weapons and equipment correctly.
• It also involves testing the effectiveness of vehicles, weapon platforms and weapons systems (such as intercontinental ballistic missiles, cruise missiles, anti-aircraft weapons), so that any design flaws can be resolved before the weapons are fully operational.
Have they been done in the region before?
• China had previously undertaken a similar show of force during the Third Taiwan Strait Crisis in 1995-1996, when it fired missiles into the waters near Taiwan, after former President Lee Teng-hui visited the US, despite China’s strong objections.
• Between July 25-29, the US army resumed its live-fire drills in South Korea after a hiatus of three years, in response to the series of weapons tests undertaken by North Korea this year. The deadly Apache helicopters stationed in South Korea were allowed to fire rockets and guns at the Rodriguez Live Fire Complex, south of the Demilitarised Zone (DMZ) that divides North and South Korea. The live-fire exercises had been previously cancelled in 2019 after residents living in the vicinity of the area had complained about noise and raised concerns about safety, according to sources.

3. WHAT IS TAIWAN’S ‘PORCUPINE STRATEGY’ TO PROTECT ITSELF IF CHINA ATTACKS?

THE CONTEXT: China launched aggressive and unprecedented military exercises near Taiwan in response to US House Speaker Nancy Pelosi’s visit to the island that Beijing claims as part of its territory.
THE EXPLANATION:
• As the long-range, live-fire drills began with China’s Eastern Theatre Command firing several ballistic missiles, Taiwan said that it was “preparing for war without seeking war”.
The “porcupine doctrine”
• The “porcupine doctrine”, which was proposed in 2008 by US Naval War College research professor William S Murray, is a strategy of asymmetric warfare focused on fortifying a weak state’s defences to exploit the enemy’s weaknesses rather than taking on its strengths.
• It is about building defences that would ensure that Taiwan “could be attacked and damaged but not defeated, at least without unacceptably high costs and risks”,
Asymmetric systems of defence
• In its 2021 Quadrennial Defence Review, Taiwan’s Ministry of National Defence defined asymmetric systems as ones that are “small, numerous, smart, stealthy, mobile and hard to be detected and countered”, and “associated with innovative tactics and employments”. According to Taiwan’s former Chief of the General Staff Admiral these systems are “a large number of small things”.
• The Texas National Security Review, a policy journal backed by the University of Texas, notes that among Taiwan’s current and yet-to-be-delivered military systems, “the minelayer ship, the Harpoon coastal defence cruise missile, the Stinger man-portable air defence missile, and possibly the missile corvettes can be considered ‘small things’ that can be fielded in large numbers”.
• Taiwan’s 2021 Defence Review also spoke of efforts to build a multi-layered maritime strike power using “coastal mobile anti-ship missiles, light and rapid maritime force, and advanced naval mines”, apart from using “new offensive and defensive technologies of EW (electronic warfare) and cyber warfare, as well as multi-functional unmanned systems for surveillance and strike”.

The need for such a strategy
• China enjoys overwhelming military superiority over Taiwan. Over the past decade, Beijing has developed far more accurate and precise weapon systems to target Taiwan and has been vocal about its intention to “reunite” the island with the mainland, by force or coercion if needed.
• In its 2021 report to Congress, the US-China Economic and Security Review Commission noted that the scale of China’s nuclear buildup points to support for a “new strategy of limited nuclear first use”. Such a strategy, it said, would enable Chinese leaders to deter US intervention in a war over Taiwan.

4. THE ONGOING VIOLENCE IN GAZA BETWEEN ISRAEL AND PALESTINE

THE CONTEXT: Recently, Israel and Palestinian militants in the Gaza Strip were exchanging fire in the worst bout of cross-border violence since an 11-day war between Israel and Hamas in 2021.
THE EXPLANATION:
• Israeli airstrikes have killed 11 people, including a senior commander from the Palestinian Islamic Jihad, an Iran-backed militant group, who was slain in a targeted attack.
• Israel has carried out several deadly airstrikes, among them the targeted killing of a senior commander from the Palestinian Islamic Jihad, an Iran-backed militant group. Militants have fired dozens of rockets at Israeli cities and towns, disrupting life for tens of thousands of people.
In Hamas’s Shadow
• Islamic Jihad is the smaller of the two main Palestinian militant groups in the Gaza Strip and is vastly outnumbered by the ruling Hamas group. But it enjoys direct financial and military backing from Iran and has become the driving force in engaging in rocket attacks and other confrontations with Israel.
• Hamas, which seized control of Gaza in 2007 from the internationally recognised Palestinian Authority, is often limited in its ability to act because it bears responsibility for running the day-to-day affairs of the impoverished territory. Islamic Jihad has no such duties and has emerged as the more militant faction, occasionally even undermining Hamas’ authority.
• The group was founded in 1981 with the aim of establishing an Islamic Palestinian state in the West Bank, Gaza and all of what is now Israel. It is designated a terrorist organisation by the US State Department, European Union and other governments. Like Hamas, Islamic Jihad is sworn to Israel’s destruction.
The Iranian Connection
• Israel’s archenemy Iran supplies Islamic Jihad with training, expertise and money, but most of the group’s weapons are locally produced. In recent years, it has developed an arsenal equal to that of Hamas, with longer-range rockets capable of striking central Israel’s Tel Aviv metropolitan area.
VALUE ADDITION:
Israel- Palestine conflict– Historical Background:
• The conflict has been ongoing for more than 100 years between Jews and Arabs over a piece of land between Jordan River and the Mediterranean Sea.
• It was between 1882 to 1948, when the Jews from around the world gathered in Palestine. This movement came to be known as Aliyahs.
• Then in 1917, Ottoman Empire fell after World War 1 and the UK got control over Palestine.
• The land was inhabited by a Jewish minority and Arab majority.
• The Balfour Declaration was issued after Britain gained control with the aim of establishing a home for the Jews in Palestine. However during that period the Arabs were in majority in Palestine.
• Jews favored the idea while the Palestinians rejected it. Almost 6 million Jews lost their lives in the Holocaust which also ignited further demand of a separate Jewish state.
• Jews claimed Palestine to be their natural home while the Arabs too did not leave the land and claimed it.
• The international community supported the Jews.
• In 1947, the UN voted for Palestine to be split into separate Jewish and Arab states, with Jerusalem becoming an international city.
• That plan was accepted by Jewish leaders but rejected by the Arab side and never implemented.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

5. EXPLAINED: WHAT IS A CARBON MARKET, AND WHY DOES INDIA WANT TO CREATE ONE?

THE CONTEXT: A Bill to amend a 20-year law, the Energy Conservation Act, was introduced in Parliament. One of the most significant provisions of the Bill is to create a domestic carbon market.
THE EXPLANATION:
• In order to facilitate the achievement of more ambitious climate change targets and ensure a faster transition to a low-carbon economy, the government is seeking to strengthen a 20-year law, called the Energy Conservation Act of 2001, which has powered the first phase of India’s shift to a more energy-efficient future.
• The Bill to amend the Energy Conservation Act, 2001, which was introduced in Parliament which has two main objectives. First, it seeks to make it compulsory for a select group of industrial, commercial and even residential consumers to use green energy. A prescribed minimum proportion of the energy they use must come from renewable or non-fossil fuel sources. And second, it seeks to establish a domestic carbon market and facilitate trade in carbon credits.
• Importantly, the amendment Bill seeks to widen the scope of energy conservation to include large residential buildings as well. Till now, the energy conservation rules applied mainly on industrial and commercial complexes.
Energy Conservation
• The 2001 law defined standards for energy conservation and efficiency to be followed by a select group of industries and commercial complexes. Efficiency standards were also prescribed for equipment and appliances like air conditioners or refrigerators. This law set up the Bureau of Energy Efficiency (BEE) to promote the use of more efficient processes and equipment in order to save energy. The star ratings on various household appliances and the largescale shift to LED bulbs were some of the successful initiatives of BEE that have resulted in massive energy savings over a period of time.
• The overall objective has been to improve energy efficiency across sectors, so that much more productivity can be obtained from the same amount of energy. Over the years, India’s energy intensity, or the amount of energy consumption per unit of GDP, has declined significantly.
New provisions
• The amendment Bill seeks to build upon the progress made so far. For example, just like the standards for appliances and equipment, energy consumption standards would be specified for motor vehicles, ships and other water vessels, industrial units, and buildings. In the case of vehicles and water vessels, fuel consumption norms would be defined. And just like it is for appliances and equipment, the new provisions would empower the government to prohibit the manufacture or import of any vehicles or water vessels if it does not conform to the prescribed energy standards.
• New sustainable building codes are to be defined which every building with a certain threshold of energy consumption, whether industrial, commercial or residential, would have to adhere to. Every such building would have to ensure that at least a part of its total energy consumption comes from renewable or non-fossil fuel sources. This would help in reducing the proportion of fossil-fuel based energy being used in the economy and push the demand for renewable or other non-fossil fuels.
What are carbon markets?
• The creation of a domestic carbon market is one of the most significant provisions of the proposed amendment Bill. Carbon markets allow the trade of carbon credits with the overall objective of bringing down emissions. These markets create incentives to reduce emissions or improve energy efficiency.
• For example, an industrial unit which outperforms the emission standards stands to gain credits. Another unit which is struggling to attain the prescribed standards can buy these credits and show compliance to these standards. The unit that did better on the standards earns money by selling credits, while the buying unit is able to fulfill its operating obligations.

VALUE ADDITION:
• Under the Kyoto Protocol, the predecessor to the Paris Agreement, carbon markets have worked at the international level as well. The Kyoto Protocol had prescribed emission reduction targets for a group of developed countries. Other countries did not have such targets, but if they did reduce their emissions, they could earn carbon credits. These carbon credits could then be sold off to those developed countries which had an obligation to reduce emissions but were unable to.
• This system functioned well for a few years. But the market collapsed because of the lack of demand for carbon credits. As the world negotiated a new climate treaty in place of the Kyoto Protocol, the developed countries no longer felt the need to adhere to their targets under the Kyoto Protocol. A similar carbon market is envisaged to work under the successor Paris Agreement, but its details are still being worked out.

6. THE GREAT BARRIER REEF’S RECOVERY AND VULNERABILITY TO CLIMATE THREATS

THE CONTEXT: The highest levels of coral cover, within the past 36 years, has been recorded in the northern and central parts of Australia’s Great Barrier Reef (GBR), according to the annual long-term monitoring report by the Australian Institute of Marine Science (AIMS).
THE EXPLANATION:
The researchers behind the report have warned, however, that this could be quickly reversed owing to rising global temperatures. This came after the reef experienced a mass coral bleaching event in March 2022.

What are coral reefs?
• Corals are marine invertebrates or animals which do not possess a spine. They are the largest living structures on the planet. Each coral is called a polyp and thousands of such polyps live together to form a colony, which grow when polyps multiply to make copies of themselves.
• Corals are of two types — hard corals and soft corals. Hard corals extract calcium carbonate from seawater to build hard, white coral exoskeletons. Hard corals are in a way the engineers of reef ecosystems and measuring the extent of hard coral is a widely-accepted metric for measuring the condition of coral reefs. Soft corals attach themselves to such skeletons and older skeletons built by their ancestors. Soft corals also add their own skeletons to the hard structure over the years. These growing multiplying structures gradually form coral reefs.
• Australia’s Great Barrier Reef is the world’s largest reef system stretching across 2,300 km and having nearly 3,000 individual reefs. It hosts 400 different types of coral, gives shelter to 1,500 species of fish and 4,000 types of mollusc. Coral reefs support over 25% of marine biodiversity even as they take up only 1% of the seafloor. The marine life supported by reefs further fuels global fishing industries. Besides, coral reef systems generate $2.7 trillion in annual economic value through goods and service trade and tourism. In Australia, the Barrier Reef, in pre-COVID times, generated $4.6 billion annually through tourism and employed over 60,000 people including divers and guides.

What does the new report say?
• The annual long-term monitoring by AIMS began 36 years ago, and reefs are surveyed through in-water and aerial techniques. The current report surveyed 87 reefs in the GBR between August 2021 and May 2022. The report states that reef systems are resilient and capable of recovering after disturbances such as accumulated heat stress, cyclones, predatory attacks and so on, provided the frequency of such disturbances is low.
• The new survey shows record levels of region-wide coral cover in the northern and central GBR since the first ever AIMS survey was done. Coral cover is measured by determining the increase in the cover of hard corals. The hard coral cover in northern GBR had reached 36% while that in the central region had reached 33%. Meanwhile, coral cover levels declined in the southern region from 38% in 2021 to 34% in 2022.

• The record levels of recovery, the report showed, were fuelled largely by increases in the fast-growing Acropora corals, which are a dominant type in the GBR. Incidentally, these fast growing corals are also the most susceptible to environmental pressures such as rising temperatures, cyclones, pollution, crown-of-thorn starfish (COTs) attacks which prey on hard corals and so on. Also, behind the recent recovery in parts of the reef, are the low levels of acute stressors in the past 12 months — no tropical cyclones, lesser heat stress in 2020 and 2022 as opposed to 2016 and 2017, and a decrease in COTs outbreaks.

Does this mean the reef is out of the woods?
• Besides predatory attacks and tropical cyclones, scientists say that the biggest threat to the health of the reef is climate change-induced heat stress, resulting in coral bleaching.
• Corals share a symbiotic relationship with single-celled algae called zooxanthellae. The algae prepares food for corals through photosynthesis and also gives them their vibrant colouration. When exposed to conditions like heat stress, pollution, or high levels of ocean acidity, the zooxanthellae start producing reactive oxygen species not beneficial to the corals. So, the corals kick out the colour-giving algae from their polyps, exposing their pale white exoskeleton and leading to coral starvation as corals cannot produce their own food. Bleached corals can survive depending on the levels of bleaching and the recovery of sea temperatures to normal levels. Severe bleaching and prolonged stress in the external environment can lead to coral death.

Over the last couple of decades, climate change-induced rise in temperature has made seas warmer than usual. Under all positive outlooks and projections in terms of cutting greenhouse gases, sea temperatures are predicted to increase by 1.5°C to 2°C by the time the century nears its end. According to the UN assessment in 2021, the world is going to experience heating at 1.5°C in the next decade, the temperature at which bleaching becomes more frequent and recovery less impactful.

• The concern is that in the past decade, mass bleaching events have become more closely spaced in time. The first mass bleaching event occurred in 1998 when the El Niño weather pattern caused sea surfaces to heat, causing 8% of the world’s coral to die. The second event took place in 2002. But the longest and most damaging bleaching event took place from 2014 to 2017. Mass bleaching then occurred again in 2020, followed by earlier this year. According to the Australian government’s scientists, 91% of the reefs it had surveyed in March were affected by bleaching.
• Notably, half of the total reefs were surveyed before the peak of this year’s mass coral bleaching event in the GBR. Since surveys to determine the effects of bleaching need to occur during or after the summer heatwave, the authors of the report say that the full impact of this year’s mass bleaching would only be known in next year’s report. The aerial surveys by AIMS included 47 reefs and coral bleaching was recorded on 45 of these reefs. While the levels were not high enough to cause coral death it did leave sub-lethal effects such as reduced growth and reproduction.
• The AIMS report says that the prognosis for the future disturbance suggests an increase in marine heatwaves that will last longer and the ongoing risk of COTs outbreaks and cyclones. “Therefore, while the observed recovery offers good news for the overall state of the GBR, there is an increasing concern for its ability to maintain this state,” the report says.

1. Accepting humbly with an open heart READ MORE
2. Best defence is good offence READ MORE
3. SPIRITUAL PROGRESS IS MEASURE OF SUCCESS READ MORE

1. Building a civil and just society READ MORE
2. India today~I READ MORE

1. Tackling marine plastic pollution READ MORE
2. The Pesky Problem of Offshoring Pollution READ MORE

1. India, democracy and the promised republic: At 75, the country must be judged by the extent to which it has advanced human development READ MORE
2. Judging the fudging of data READ MORE
3. How India can get its data protection law right READ MORE
4. Building a civil and just society READ MORE
5. Making it meaningful: Boycott by any Chief Minister of Niti Aayog Governing Council meeting is not good for nation building READ MORE
6. Address pendency issue: The courts have four crores pending cases; inordinate delays leave lakhs languishing in jails READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. States holding up results of Economic Census: Centre READ MORE
2. Centre mum on availability, requirement of key leprosy drug READ MORE
3. Satellites launched by SSLV in ‘wrong orbit, not usable’ READ MORE
4. Lumpy Skin Disease outbreak in Ambala village, 100 cattle sick READ MORE
5. FPIs buy shares worth Rs 14,000 cr in a week amid softening dollar index READ MORE
6. Rajasthan’s nadis, an insurance against a dry summer READ MORE
7. Data on plant ‘sweat’ might help predict wildfire severity READ MORE
8. This common weed can offer drought-resistant crops READ MORE

Main Exam

GS Paper- 1

1. A volcano is erupting again in Iceland. Is climate change causing more eruptions? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. India, democracy and the promised republic: At 75, the country must be judged by the extent to which it has advanced human development READ MORE
2. Judging the fudging of data READ MORE
3. How India can get its data protection law right READ MORE
4. Building a civil and just society READ MORE
5. Making it meaningful: Boycott by any Chief Minister of Niti Aayog Governing Council meeting is not good for nation building READ MORE
6. Address pendency issue: The courts have four crores pending cases; inordinate delays leave lakhs languishing in jails READ MORE

INTERNATIONAL ISSUES

1. India, Bangladesh, Pakistan: What east can teach west READ MORE
2. An epochal transition: India should not lose strategic focus as it finds its feet in the global order READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Why strengthening genomic surveillance is an imperative READ MORE
2. Focused on inflation: A rate increase was needed to prevent inflation expectations from stymieing growth READ MORE
3. RBI, government must act in coordination during an economically challenging period READ MORE
4. India’s tax-GDP ratio may be too high READ MORE
5. India Today~II READ MORE

ENVIRONMENT AND ECOLOGY

1. Tackling marine plastic pollution READ MORE
2. The Pesky Problem of Offshoring Pollution READ MORE

SECURITY

1. Defence Atmanirbharta is a real game changer READ MORE
2. Countering radicalisation in Assam with long-term vision READ MORE

DISASTER MANAGEMENT

1. Flood-fighting inept: Regular losses expose poor state of preparedness READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Accepting humbly with an open heart READ MORE
2. Best defence is good offence READ MORE
3. SPIRITUAL PROGRESS IS MEASURE OF SUCCESS READ MORE

IMPORTANT ARTICLES FOR ESSAY

1. India today~I READ MORE
2. India Today~II READ MORE

Questions for the MAIN exam

1. ‘Justice is the law’s ultimate purpose, but it is sometimes an insufficient instrument for pursuing justice’. In the light of the statement, discuss the need for a reformed bail law for India.
2. ‘India should not lose strategic focus as it finds its feet in the global order’. In the light of the statement, examine why India pursue its neighbourhood policy in the first place in its strategic relations.

QUOTATIONS AND CAPTIONS

• Stand a little taller, rise a little higher, be a little better.
• At 75, the country must be judged by the extent to which it has advanced human development.
• India has grossly underestimated the issue of illegal mining, which damages the environment and causes revenue loss.
• The available technologies for identifying data fudging are still inadequate to address all possible situations.
• A rate increase was needed to prevent inflation expectations from stymieing growth.
• Centre has weaponised money laundering law to target political opponents. SC has been blind to this threat to democracy.
• Rather than regret the unfortunate dynamic on the western frontier and bemoan Pakistan’s reluctance to let the SAARC become a vehicle for regional cooperation, Delhi should focus on consolidating the “golden moment” in the east.
• The 75th anniversary of independence offers Delhi and Dhaka a special opportunity to elevate the ambition for their bilateral partnership.
• Once we have a statute on privacy, it would become easier to fashion a law on data protection that protects privacy.
• The common understanding of the law is that it is a formalised set of rules, regulations, and statutes often enforced through societal institutions.
• India should not lose strategic focus as it finds its feet in the global order.

50 WORD TALK

• For the State, the law is the decree it can use to maintain order and police societal progression. Justice, on the other hand, is much more than an esoteric political construct couched in jargon and conventions. Justice is the law’s ultimate purpose, but it is sometimes an insufficient instrument for pursuing justice.

Things to Remember:

• For prelims-related news, try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in the news, you should do map work (marking those areas on maps and exploring other geographical locations nearby, including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.), you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the main point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 305]

THE CONTEXT: The financial sector in India has been hit by many scams like the recent NSE scam, PNB scam etc. Despite the presence of Independent Regulatory Bodies (IRBs)like RBI, SEBI etc., the occurrence of such scams has raised questions about the functioning and performance of these bodies. The working of other such IRBs more or less reflects these concerns. One view is that giving Constitutional status to these bodies will address the issues while others disagree. This article examines this debate in detail.

WHAT ARE INDEPENDENT REGULATORY BODIES?

DEFINITION

• Independent Regularity Bodies (IRBs) are agencies of modern democratic governments, parts of the executive wing with a certain degree of statutory or constitutional autonomy, reporting directly to the legislature.
• Like the general executive, they are accountable to the legislature and subject to judicial review.
• With the increasing expansion of the scope and activities of governmental operations, IRBs came to be accepted as a needed instrument.

SEPARATE FROM THE EXECUTIVE

• Government regulation has always existed through its own departments directly under its control.
• Over the last century, a new type of regulatory system known as Independent Statutory Regulating Agencies has emerged.
• These agencies differ from the traditional regulatory system in that they are separate from the executive branch of government and have some autonomy.

TYPOLOGY OF IRBs

• Regulation in India can be mapped under three broad categories: economic regulation, regulation in the public interest and environmental regulation.
• Hence, the IRBs in India majorly work under these broad areas.

NEED FOR IRBs

• Need to prevent market failure,
• Need to check anti-competitive practices,
• Need to promote the public interest. (Read Ahead)

           EVOLUTION OF IRBs: AN OVERVIEW

LAISSEZ FAIRE ERA

• The system of independent regulation started in 1887 in the USA where the independent regulatory commission was first established as a regulator.
• It was aimed to keep government interference at arm’s length so that economy can work efficiently without the interference of government.

WELFARE ERA (PRE LPG)

• Regulators were created to ensure that government should have proper control on the economy.
• It was to ensure the economy work for public welfare.
• The aim was to ensure control not facilitate.
• In the pre-globalization era, the regulation was bureaucratic and more focused on control.
• The regulation was premised on license permits and quotas, which suppress the innovation and expansion of business and other sectors.

LPG ERA

• In the globalization/LPG era, there is revolutionary change and the focus of the regulatory environment was shifted from strict regulation to deregulation.
• Its aim was to facilitate and create a business-friendly environment.
• There was the emergence of sectoral regulation as the economy becomes more diversified and specialized.
• The regulator was given more power with the concept of managerialism, arm’s length organization, and hands-off management.
• The IRBs were empowered to take decisions, make rules and implement them.

SOME IMPORTANT IRBs WORKING IN ECONOMIC REGULATION 

RBI

• The RBI Act of 1934 established it. It serves as a banker to the government, a lender of last resort, and performs various supervisory functions related to licensing and establishments, branch expansion, management, and liquidation.

SEBI

• It performs protective (protecting investors’ interests, providing investment security, checking price rigging, and prohibiting insider trading), developmental (increasing business on the stock exchange), and regulatory functions (establishing rules, regulations, and a code of conduct for intermediaries such as merchant bankers etc.

IRDA

• IRDA’s mission is to protect the interests of insurance policyholders and ensure fair treatment. It issues a registration certificate, renews, modifies, withdraws, suspends, or cancels such registration. It establishes a code of ethics for surveyors and loss assessors.

TRAI

• It ensures technical compatibility and efficient interconnection of various service providers.
• It establishes quality service standards in order to protect the interests of consumers.
• It ensures effective fulfilment of the universal service obligation.

CCI

• It ensures healthy and fair competition in the market economy and protects the interests of consumers:
• It aims to prohibit anti-competitive business practices, and abuse of dominance by an enterprise as well as regulate various business combinations such as mergers and acquisitions.

 THE MAIN FUNCTIONS OF THE IRBs

The actual functions of individual regulatory authorities in a country would depend on the overall structure of the regulatory regime, empowerment of authorities as provided in the relevant legal instruments and rules, administrative arrangements and autonomy, and technical capacity. However, some of the essential functions of regulators include:

• Protection of public interest.
• Imposing penalties for non-compliance.
• Administering tariff adjustments and periodic reviews.
• Facilitating dispute resolution between parties.
• Monitoring compliance with contractual obligations to the government and users, and other legal and regulatory requirements.
• Establishing technical, safety and quality standards and monitoring their compliance.
• Providing advice and counsel to government on policy matters and other related matters to private sector involvement in the sector.

THE RATIONALE BEHIND THE SETTING UP OF IRBs

LEVEL PLAYING FIELD

• To provide a level playing field for all while also protecting the larger public and national interest.

COMPLEXITIES OF GOVERNANCE

• Increasing complexities and technological advancement necessitated the use of experts to handle issues.

EFFECTIVE DECISION MAKING

• Protecting decision-making from political interference serves the public interest best.

LPG-POST 1991

• Following the 1991 reforms, the entry of the corporate sector necessitated certain measures to boost investor confidence and protect the public interest.

FUNCTIONAL SPECIALISATION

• The traditional departmental structure of government was not well suited to the dual role of policymaking and regulation of the sector in question.

 INDEPENDENCE OF THE IRBs

According to the World Bank handbook, an IRB model of regulation requires setting up an independent regulator which has organizational, financial and management independence from ministries. This is necessary in order to depoliticize the decision-making and ensure sectoral regulation occurs on techno-commercial principles. In this regard, the IRBs have been established under various statutes which delineate the various aspects of personal management, functional domains, accountability areas etc. As the IRBs are set up by the legislatures, it is believed that government will have less ability to control their working which will enable them to work with efficiency, objectivity and fairness. In other words, independence is given to IRBs for performance excellence.

POOR PERFORMANCE OF THE IRBs: SOME ILLUSTRATIONS

RBI

• The recurrence of scams in the banking sector (public, private, cooperatives), the problem of NPAs, persistent inflation etc. have raised questions on whether RBI is responsible for its mandate.

SEBI

• The NSE co-location scam and the very unprofessional manner in which SEBI has handled the issue invited criticisms from various quarters.
• The delay in concluding investigations, reactive rather than proactive actions and delay in addressing grievances of retail investors etc., are other instances.

TRAI

• TRAI has been criticised for its favourable stance towards Reliance Jio in the context of predatory pricing.
• The AGR dues didn’t pile up overnight but stem from a 15-year-old dispute over sharing of revenues between telcos and the government.
• A well-regulated industry would not be subject to such a large fiscal shock.

 THREE MAJOR CHALLENGES IN THE WORKING OF IRBs

INDEPENDENCE

• Financial independence is one aspect of independence.
• Financial independence is frequently restricted by regulators’ reliance on concerned line ministries for budgetary allocations, approval of staff hires, and the requirement that the former report to the latter.
• Independence also refers to a fixed term of employment and protection from dismissal, barring cases of incompetence and moral turpitude.
• However, the government interferes repeatedly with the tenure of employees in regulatory agencies.
• Functional independence is a requirement for regulatory effectiveness, which necessitates that the regulator maintains an impartial relationship with interest groups (Problem of Regulatory Capture)

ACCOUNTABILITY

• During various Parliamentary debates, regulators do not respond to questions about them. The minister of the associated ministry is held accountable.
• Regulators are frequently overlooked from scrutiny. Only two questions were posed to regulators in the 16th Lok Sabha. Only when there is an impending crisis or a serious debate in the country are the actions of the regulator called into question.
• Annual reports from regulators are not submitted to parliamentary standing committees.

TRANSPARENCY

• A transparent regulatory process is essential. Stakeholders, for example, must be made aware of the regulatory process and given opportunities to freely express their opinions.
• Liberal use of interim orders, without hearing the affected party, is criticised.
• It turns out that in many such cases, the regulator takes its time to issue the final order. Also, the rules are often harsh and are made without meaningful consultation and many a time the rules are changed as fast as they are made.

 WHETHER THE IRBs ARE TRULY INDEPENDENT?

In actual practice, the government can influence the personal management practices of the regulatory bodies. The significant role of government in appointment, promotion and removal, an extension of tenure etc. undermines the independence of regulated bodies. For instance, an Ordinance was brought to change the TRAI Act in order to change the eligibility criteria for the appointment of Chairman of TRAI, and the controversy between the RBI and Central Government and the resignation of the RBI Governor and Deputy Governor.  Similarly, the financial dependency of the regulatory body on the administrative ministry is also a cause of concern. Thus, it is argued that IRBs should be given constitutional status like the ECI, CAG, etc. The idea is that Constitutional status will eliminate political pressure and government influence from the functioning of regulatory bodies which will enhance their efficiency.

WHETHER CONSTITUTIONALIZING OF IRBs IS THE BEST WAY TO ENSURE INDEPENDENCE AND THUS PERFORMANCE?

ARGUMENTS IN FAVOUR

• It will substantially reduce executive control over the IRBs thereby securing meaningful independence.
• Constitutionalisation will completely remove the dependency of the IRBs on the ministries for funds and functionaries.
• It will enhance the stature, prestige and authority of the IRBs which will help it to resist political pressure.
• Regulation has become the fourth branch of the state and hence is a quite significant function of the state. So Constitutionalisation can enable them to carry out their function efficiently.
• There are many countries that provide Constitutional status to IRBs. For instance, in a 2009 report, the Bank for International Settlements (BIS) found that the Constitutions of eight countries specifically provided for the independence of their central banks Switzerland, Chile, Mexico, Russia, South Africa etc.

ARGUMENTS AGAINST

• The purpose of regulation is not to check the government and hence they can’t be equated with bodies like ECI, Supreme Court, CAG etc.
• Constitutionalisation will lead to a further lack of accountability of the IRBs which is detrimental.
• There is no guarantee that Constitutionalisation will automatically ensure independence and performance.
• As IRBs are the creations of the legislature, which represents the sovereign authority of the people, it should have the freedom to decide the various aspects of the IRBs.
• Neither the Damodaran Committee, the FSLRC, the Second ARC etc. have recommended Constitutionalisation.
• Central banks perceived to have the “gold standard” of independence, such as the Reserve Bank of New Zealand, Federal Reserve, and Bank of Canada do not have Constitutional status. In fact, some of the best-governed banks, such as the Bank of Japan and the Federal Reserve have private shareholders, such as banks and financial institutions.

THE WAY FORWARD: 

ADHERE TO SECOND ARC RECOMMENDATIONS

• Before establishing a regulator, its need should be carefully examined. Only where necessary should there be regulation, according to the rules.
• A Management Statement outlining the goals and responsibilities of each regulator should be developed by each Ministry in addition to the statutory framework.
• The appointment, tenure, and removal of different regulatory authorities must be done in a transparent and equitable manner.
• There must be enough protection against arbitrary removal.
• The relevant Departmentally Related Standing Parliamentary committees should be used to ensure parliamentary oversight of regulators (DRSC).
• The independent regulators ought to undergo regular evaluation.
• A report on the performance of the regulators in light of these principles ought to be included in their annual reports.

FINANCIAL SECTOR LEGISLATIVE REFORMS COMMISSION RECOMMENDATIONS

• The FSLRC advises achieving financial independence by independently obtaining funds from sources like fees.
• FSLRC suggests specific regulatory goals, informing Parliament regarding their success in enforcing their regulatory targets, etc.
• It also urges the consolidation of regulators, such as The PFRDA and IRDA.
• It also suggests creating an extensive and enforceable code of conduct.

OECD: BEST PRACTICE PRINCIPLES FOR THE GOVERNANCE OF REGULATORS

Following the OECD best practices can improve the IRB’s functioning. These principles are:

• Role clarity
• Preventing undue influence and maintaining trust
• Decision-making and governing body structure for independent regulators
• Accountability and transparency
• Engagement
• Funding
• Performance evaluation

ENSURE TRANSPARENCY

• It may appear that an agency’s independence is being compromised when it is forced to defend its decisions in front of members of the public or other representatives.
• Contrarily, one of the best ways to encourage the agency to act in the public interest is through transparency.
• The provisions included in the Reserve Bank of India Act in 2015, which mandate the regular publication of the minutes of its meetings, the individual votes of each member, and the obligation to inform the government of any failures in upholding the inflation target, serve as a classic illustration.
• As it would be difficult to justify decisions and votes that do not align with the public interest, this is a potent provision that simultaneously secures independence and accountability.

CONTINUOUS PARLIAMENTARY OVERSIGHT

• Parliamentary oversight appears to be the best form of political accountability because accountability to the line ministry is frequently associated with pressure being applied to the regulator to favour utilities operated by the ministry.
• Legislators need to devise such mechanisms to bring regulatory oversight but must be careful not to interfere in their functioning.

THE CONCLUSION: Regulation is an important activity and hence the IRBs need to have real independence. Constitutional status is not the right approach but there are many other ways by which this can be ensured. A via media need to be found that will balance the need for independence and democratic control.

QUESTIONS TO PONDER

1. What do you understand by Independent Regulatory Bodies? Explain the reasons behind their establishment.
2. “Independence of the IRBs require their Constitutionalisation”. Examine.

1. Have you ever wondered who you are? READ MORE
2. Contented, conscious READ MORE

1. Record coral cover doesn’t necessarily mean the Great Barrier Reef is in good health READ MORE
2. Tackling marine plastic pollution READ MORE

1. Caste-based differences in self-help groups: Evidence from a rural livelihood programme READ MORE
2. Migration crisis READ MORE
3. History, memory and identity READ MORE

1. A fresh opportunity: Bill’s withdrawal is a chance to check lacunae, but a data protection law brooks no delay READ MORE
2. Reboot bureaucracy to make it effectual READ MORE
3. India’s lower courts are sitting on 4 crore cases. Filling judicial vacancies must be a priority READ MORE
4. India’s drug approval system is broken but a proposed new law does nothing to fix it READ MORE
5. A President of Presence? India’s first tribal president reveals the potentials as well as pitfalls of representative democracy. READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Centre launches software to enrol names in ration cards READ MORE
2. Banks can’t rely on RBI money ‘perennially’ for credit demand: Governor Das READ MORE
3. RBI raises rates, vows nimble policy READ MORE
4. RBI flags global degrowth hit on trade, EMs READ MORE
5. Explained: As India strengthens its climate targets, a look at the progress so far, what’s new READ MORE
6. Record coral cover doesn’t necessarily mean the Great Barrier Reef is in good health READ MORE
7. China launches secret reusable spacecraft into low-Earth orbit READ MORE
8. DRDO successfully test fires indigenously developed laser-guided ATGMs READ MORE

Main Exam

GS Paper- 1

1. Caste-based differences in self-help groups: Evidence from a rural livelihood programme READ MORE
2. Migration crisis READ MORE
3. History, memory and identity READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. A fresh opportunity: Bill’s withdrawal is a chance to check lacunae, but a data protection law brooks no delay READ MORE
2. Reboot bureaucracy to make it effectual READ MORE
3. India’s lower courts are sitting on 4 crore cases. Filling judicial vacancies must be a priority READ MORE
4. India’s drug approval system is broken but a proposed new law does nothing to fix it READ MORE
5. A President of Presence? India’s first tribal president reveals the potentials as well as pitfalls of representative democracy. READ MORE

SOCIAL ISSUES

1. Queer Rights: Sec 377 Is Down, but Urgent Reforms Are Required for Equality and Dignity READ MORE
2. Socio-economic Inequality in Longevity in India READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Addressing the challenges in new-age digital commerce READ MORE
2. How to see growth, inflation after the latest repo rate hike READ MORE
3. Rebuild agriculture to make it future-ready READ MORE
4. Defence ‘Atmanirbharta’ key to robust Indian economy READ MORE

ENVIRONMENT AND ECOLOGY

1. Tackling marine plastic pollution READ MORE

DISASTER MANAGEMENT

1. Flood-fighting inept: Regular losses expose poor state of preparedness READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Have you ever wondered who you are? READ MORE
2. Contented, conscious READ MORE

Questions for the MAIN exam

1. The mantra to make bureaucracy pro-people and proactive is, ‘Refurbish, reform and restructure’. Comment.
2. ‘If the Government is indeed committed to a comprehensive legal framework on data privacy and protection, it must revert to the baseline provided in the Justice Srikrishna Committee recommendations’. Comment.

QUOTATIONS AND CAPTIONS

• Democracy belongs to those who exercise it.
• Online Dispute Resolution, or ODR, can help mitigate litigation risk and provide insights into consumer problems.
• If the Government is indeed committed to a comprehensive legal framework on data privacy and protection, it must revert to the baseline provided in the Justice Srikrishna Committee recommendations and enact a law within a reasonable timeline.
• RBI’s hawkish stance, at some cost to growth, may be driven by persisting external volatility.
• The civil servants are appointed to implement laws not hinder them.
• The RBI has to ensure that inflation is reined in soon and GNPAs continue to move southwards. And the government must expedite economic reforms to maintain the momentum.
• If India addresses its institutional and policy failures, reduces its inequalities and addresses its iniquities over the next 25 years, that would truly make it an Indian century.
• Despite the Drugs Controller General of India having functioned in a whimsical and opaque manner, the draft bill does not curb its vast discretionary powers.
• India’s first tribal president reveals the potentials as well as pitfalls of representative democracy.
• The studies on socio-economic inequalities in longevity are relatively few when it comes to developing countries in general, and India in particular.

50 WORD TALK

• With Green Revolution having outlived its utility, it’s time to move to the next stage. The 75th anniversary of Independence provides an excellent opportunity to rethink and redesign the road map. This will call for moving away from the economic thought that has always relied on sacrificing agriculture for the sake of industry. The focus has to be on making the village the hub of hopes & aspirations.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: In April 2022, the Vice-President while addressing the occasion of the 50th year of the Press Club called for an amendment in the anti-defection law because of the “loopholes”. The present political crises in Maharashtra also make the topic relevant for an elaborate discussion. This article explains the anti-defection law and associated issues in detail.

Defection: Changing party allegiance from the party on which a person got elected (to a legislative body) to a different party.

PROBLEMS WITH DEFECTION: Parliamentary democracy is becoming a farce as a result of the change of party by the representatives without any hesitation. A culture of impunity has developed so much so that the political representatives have become adept at using and bypassing the anti-defection law. The Constitution has given priceless value to the votes of the citizens; contrastingly the politics of vested interests of the representatives are making it worthless day by day. Defection leads to the subversion of electoral mandates and affects the normal functioning of the government.

ABOUT ANTI – DEFECTION LAW

• Parliament added it to the Constitution as the Tenth Schedule in 1985 to bring stability to governments by discouraging legislators from changing parties. The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985.
• It does not penalize political parties for encouraging or accepting defecting legislators however it punishes individual Members of Parliament (MPs)/MLAs for defection. The members disqualified under the law can stand for elections from any political party for a seat in the same House. The decisions on questions as to disqualification on the ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’. However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
• The 91st Constitutional Amendment Act, 2003, changed the initially envisaged 1/3^rd  to now at least two-thirds of the members of a party must be in favour of a “merger” for it to have validity in the eyes of the law.

THE GROUNDS FOR DISQUALIFICATION

Article 102/191 of the Constitution of India lays down the grounds under which a Member of Parliament/Member of Legislative Assembly may be disqualified from being a member of the house.

The first part of Article 102 elaborates several instances when such disqualification may be done:

(a) If the person holds any undeclared office-for-profit under the Government;

(b) If he is declared to be of unsound mind by a competent court;

(c) If he is an undischarged insolvent etc.;

(d) Voluntarily acquires the citizenship of a foreign State;

(e) Disqualified by or under any law made by Parliament.

The second part of Article 102 (and 191) gives authority to the Tenth Schedule of the Constitution to disqualify any member. It is this Tenth Schedule that is popularly known as the anti-defection law.

• If an elected member voluntarily gives up his membership of a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
• As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such an incident.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.

Exceptions:Paragraph 4 of the Tenth Schedule says,

4. Disqualification on the ground of defection not to apply in case of a merger.—

(1) A member of a House shall not be disqualified under subparagraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party—

(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or

(b) have not accepted the merger and opted to function as a separate group,

and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph

(1) of paragraph 2 and to be his original political party for the purposes of this subparagraph.

(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.

 VARIOUS INCIDENTS RELATED TO DEFECTION IN INDIAN POLITY

We know that the anti-defection law does not apply if the number of MLAs who leave a political party constitutes two-thirds of the party’s strength in the legislature. These MLAs can merge with another party or become a separate group in the legislature. For example,

• In 2021 in Meghalaya, 12 of 17 Congress MLAs joined the All India Trinamool Congress. the Speaker recognised as a ‘merger’ the crossover of 12 Congress MLAs out of a total of 17 to the Trinamool Congress and refused to disqualify them.
• In 2019, all six MLAs of the Bahujan Samaj Party in Rajasthan joined the Congress. The same year, four out of six Telgu Desam Rajya Sabha MPs joined the BJP. In all such cases, the MPs/MLAs were not disqualified.
• The present crisis in Maharashtra where the MLAs have its root in the 2019 formation of the coalition government in the state (Maha Vikas Aghadi). Now the MLAs from the Shiv Sena have distanced themselves from the coalition and shown faith in a new leader (The Shiv Sena had 55 members in the Maharashtra Assembly. Eknath Shinde, who leads the rebel group, claimed the support of 40 MLAs with him), having joined hands with NDA. In the 288-member House, 164 MLAs voted for the motion of confidence, while 99 voted against it. The question of whether the new faction is a separate political group or the original Shiv Sena is yet to be decided (by the ECI) and the question of disqualification of the MLAs is still subjudice.

 RESIGNATION AND ANTI-DEFECTION LAW

• In Karnataka, the 2018 elections threw up a hung assembly. After the Bharatiya Janata Party failed to prove its majority after BS Yediyurappa took an oath, the Congress and the Janata Dal-Secular formed the government under the leadership of HD Kumaraswamy. But a year later, the resignations by Congress and JDS MLAs reduced the government to a minority and the government later fell. The rebel MLAs were later elected on a BJP ticket in the by-elections.
• Again in 2018, Congress won the Madhya Pradesh elections and formed a government under Kamal Nath. Less than a year later, 23 Congress MLAs including six ministers owing allegiance to Jyotiraditya Scindia resigned. The MLAs later joined the BJP government after winning by-elections.

The resignation is the way to circumvent the Anti-defection law and attract punishments thereby prescribed. However, some also contend that if the person is no longer satisfied by the ideologies or the policies of the government then the only way is to resign. It is hard to ascertain whether the resignations are voluntary or under coercion.

THE ISSUES WITH ANTI-DEFECTION LAW

UNDERMINING REPRESENTATIVE & PARLIAMENTARY DEMOCRACY

• After enactment of the Anti-defection law, the MP or MLA has to follow the party’s direction blindly and has no freedom to vote in their judgment.
• Due to the Anti-Defection law, the chain of accountability has been broken by making legislators accountable primarily to the political party.

AMBIGUITY OVER MERGER CLAUSE

• The confusion is about the use of the terms ‘Political Party’ and ‘Legislature Party’. It is not clear whether political parties should merge amongst themselves before the merger of elected members (Legislature Party) of two distinct parties. The merger envisaged in Paragraph 4 of the Tenth Schedule is a two-step process. Under this, one political party first merges with another, and then the legislators accept the merger.
• However, the second subparagraph (of Paragraph 4) says that a party shall be “deemed” to have merged with another party if not less than 2/3rd of the members of the legislature party concerned have agreed to such merger.
• The ambiguity is whether the merger of the Legislature Party would be deemed to be the merger of the Political party as well. Legal experts from the Vidhi Center of Legal Policy argue that the clause seems to be creating a “legal fiction” so as to indicate that a merger of 2/3rd members of a legislature party can be deemed to be a merger of political parties. Even if there is no actual merger of the original political party with another party.

SUBVERSION OF ELECTORAL MANDATES

• Defection is the subversion of electoral mandates by legislators who get elected on the ticket of one party but then find it convenient to shift to another, due to the lure of ministerial berths or financial gains.

AFFECTS THE NORMAL FUNCTIONING OF THE GOVERNMENT

• The infamous “Aaya Ram, Gaya Ram” slogan was coined against the background of continuous defections by the legislators in the 1960s.
• The defection leads to instability in the government and affects the functioning of the administration.

ALLOWS ONLY WHOLESALE DEFECTION

• It allows wholesale defection, but retail defection is not allowed. Amendments are required to plug the loopholes.
• He raised concern that if a politician is leaving a party, s/he may do so, but they should not be given a post in the new party.

CONTROVERSIAL ROLE OF SPEAKER

• There is no clarity in the law about the timeframe for the action of the House Chairperson or Speaker in the anti-defection cases.
• Some cases take six months and some even three years. There are cases that are disposed of after the term is over.

FREEDOM OF SPEECH OF LEGISLATORS

• One of the conditions for disqualification is the violation of the whip issued by the Political Party to vote in a particular manner. Critics argue that this greatly limits the ability of a member to exercise her free opinion on the floor of the House on certain proposed legislation.

PROMOTE HORSE-TRADING

• Defection also promotes horse-trading of legislators which clearly go against the mandate of a democratic setup.

DOES ANTI-DEFECTION LAW NEED TO BE REPEALED?

The toppling of the Maha Vikas Aghadi government in Maharashtra offers many lessons to political observers, but one that people need to pay more attention to, is that it confirms the total irrelevance and ineffectiveness of the anti-defection law, officially known as the 10th Schedule of the Constitution.

There are several questions that need to be decided. Can the Speaker (or in his absence, the Deputy Speaker) decide on a disqualification petition while a no-confidence motion is pending against him? Can the Supreme Court review the decision ahead of the disqualification decision being made? How does the leeway given for the merger of a party operate — if two-thirds of MLAs of the party vote to separate from the party leadership, would they have to merge with another party to avoid disqualification? The solution to these issues is either to address the root cause and repeal the anti-defection law or make necessary amendments/reform the law to make it more effective for the purpose of its enactment.

VIEWS OF VARIOUS COMMITTEES ON ANTI-DEFECTION LAW

DINESH GOSWAMI COMMITTEE ON ELECTORAL REFORMS (1990)

• Disqualification should be limited to cases where (a) a member voluntarily gives up the membership of his political party, (b) a member abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence. The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

LAW COMMISSION (170TH REPORT, 1999) 

• Provisions which exempt splits and mergers from disqualification to be deleted.
• Pre-poll electoral fronts should be treated as political parties under the anti-defection law.
• Political parties should limit the issuance of whips to instances only when the government is in danger.

ELECTION COMMISSION

• Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.

CONSTITUTION REVIEW COMMISSION – NCRWC (2002)

• Defectors should be barred from holding public office or any remunerative political post for the duration of the remaining term.
• The vote cast by a defector to topple a government should be treated as invalid.
• Recommendations:

o   On Presiding Officer: Various expert committees have recommended that rather than the Presiding Officer, the decision to disqualify a member should be made by the President (in case of MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.

o   Similar to Office of Profit: This would be similar to the process followed for disqualification in case the person holds an office of profit (i.e. the person holds an office under the central or state government which carries a remuneration, and has not been excluded in a list made by the legislature).

JUDICIAL PRECEDENTS

1. KIHOTO HOLLOHAN vs ZACHILLHU (1992): In the judgment, the Supreme Court clarified that the 10th schedule is constitutionally valid. It neither impinges upon the freedom of speech and expression nor subverts the democratic rights of elected members. It also upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs. However, it also held that the Presiding Officer’s decisions of disqualification shall be open to judicial review. The Supreme Court also held that judicial review cannot be available prior to the making of the decision by the Speaker not at the interlocutory stage of the proceedings.

2. RAVI S NAIK vs UNION OF INDIA (1994): The Supreme Court had said that “ an inference can be drawn from the conduct of a member that he has voluntarily given up the membership of the party to which he belongs.

3. NABAM REBIA vs DEPUTY SPEAKER (2016): The court had ruled that it would be “constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule while a motion of resolution for his own removal from Office of Speaker is pending”.

4. GIRISH CHANDORKAR vs THE SPEAKER, GOA (2011): The Bombay High Court held that the merger of 2/3^rd of members of the legislative assembly is deemed to be the merger of the original party. (sub judice in Supreme Court).

5. Keisham Meghachandra Singh case (2020): The Supreme Court in Keisham Meghachandra Singh vs. the Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020) case made a significant suggestion regarding disqualification powers of the Speaker. The Court was adjudicating upon the matter relating to the disqualification of Members of the Legislative Assembly (MLAs) in the Manipur Legislative Assembly under the Tenth Schedule. The Court recommended the Parliament to amend the Constitution regarding the role of the Speaker as a quasi-judicial authority while dealing with disqualification petitions under the anti-defection law (when such a Speaker continues to belong to a particular political party either de jure or de facto). The Court suggested that an independent tribunal can be appointed which will substitute the Speaker of the Lok Sabha and Legislative Assemblies to deal with matters of disqualifications under the Tenth Schedule. The Tribunal will be headed by a retired Supreme Court judge or a retired Chief Justice of a High Court. The Court also suggested that some other outside independent mechanism can adjudicate on such matters. This will ensure that such disputes are decided both swiftly and impartially.

 ANTI-DEFECTION LAWS IN OTHER PARTS OF THE WORLD

EUROPE

• There are strict laws in all the countries of Europe that if a member changes party, then their membership of Parliament is terminated. It is believed that the person has violated the laws of the country.

IMMEDIATE RESIGNATION IN BANGLADESH 

• In Bangladesh, Kenya, South Africa and many other countries, no public representative can do defection. The law doesn’t even allow it. Article 70 of the Bangladesh Constitution states that if a public representative votes against his party in the House or changes the party, he must resign from membership.

SEAT HAS TO BE VACATED IN KENYA

• In Kenya, Section 40 of their Constitution states that if a member leaves his party, he must vacate his seat. Speaker will decide this and the member can appeal against it in the High Court.

IMPOSSIBLE TO CHANGE PARTY IN SINGAPORE

• According to Article 46 of the Constitution of Singapore, if a member leaves the party or is removed by the party, he must also vacate his seat. Parliament will decide the disqualification of any such member.

MEMBERSHIP OF THE HOUSE ENDS IN SOUTH AFRICA

• This is explained in Section 47 of the Constitution of South Africa. According to it, if a member leaves his party, then his membership will automatically end.

FLEXIBLE RULES IN UK AND CANADA

• In Britain and Canada, the rules are flexible, but there is generally no opportunistic defection to form or topple governments. There the defection is called crossing the line. In Britain and Canada, the ruling party and the opposition sit separately. There, if a member crosses his floor and sits on the other side, then it is considered as a change of party.

THE WAY FORWARD:

1. The role of the people in the parliamentary democracy is immense. People themselves shall be made aware and be educated about the issues with the defection and that their franchise shall not be misused by the elected representatives. It is seen that once the MPs/MLAs defect they again tend to win the by-elections which is again a gross disrespect to the representative democracy.
2. Political parties shall also have internal democracy to listen and act on different opinions emerging from within. This might restrict the defecting tendencies among the elected representatives and also help in the overall strengthening of the parliamentary democracy in the country.
3. The Supreme Court needs to maintain consistency in deciding matters over the role and responsibilities of the speaker and also adjudicate whether an actual merger of Political Parties is a condition necessary for the merger of Legislature Parties (or should the merger of Legislature Parties be deemed as a merger of Political Parties).
4. The Speaker/Chairperson should observe ethical conduct and give decisions within 3 months as advised by the Supreme Court.
5. Further, an independent tribunal can be created in the long run to decide cases under the Tenth schedule. This would effectively reduce the partisan role played by the Speaker.
6. The Law Commission in 1999 and the National Commission to Review the Working of the Constitution (NCRWC) in 2002 recommended deleting the clause related to the merger (Paragraph 4, Exception to Disqualification). Parliament should reconsider the debate and decide on the recommendations.
7. The Dinesh Goswami Committee Report recommended that disqualification of a member should only be attracted in the event a member violates a whip on matters related to a Motion of Vote of Confidence, a No-confidence Motion, Money Bill or a Motion of Vote of Thanks to the President’s address.
8. The law has failed to curb defections in recent years and lacks any deterrence effect on legislators. Further, re-election in by-polls shows the public’s acceptance of defecting legislators and also the scope of defection is very wide as it is applicable to every legislation (violation of whip). It is also applicable to members of the Rajya Sabha and Legislative Councils who don’t have a say in the stability of the government. The Anti-Defection Law shall be reformed/amended to address such questions.

THE CONCLUSION: Politicians always look for loopholes in the law. The wholesale defections that have taken place in the recent past are a result of their successful discovery of loopholes in the 10th Schedule. Therefore, this law needs to be tightened. The law on defection is indispensable in a country like India where MLAs need to be virtually imprisoned in resorts in faraway states lest they might be poached by the rival party. If our polity wants to get rid of open corruption, it needs to take urgent steps to plug existing loopholes that have made the Tenth Schedule unworkable. Let our politicians not be seen as collaborators in flouting the Constitution.

Mains Practice Questions:

1. Anti – defection Law allows wholesale defection, but not retail defection. Comment.
2. What do the recent developments in various state assemblies say about the efficacy of the Anti-Defection Law? Does the law need strengthening? Justify your view.

1. Three things that prompt us to speak, write & act READ MORE
2. Putting on a show to keep people engaged READ MORE

1. India’s NDC: Why sector-specific targets are needed for reducing emmissions READ MORE
2. Clear signs: 1.5°C warmer world to be catastrophic for India READ MORE

1. Women and Indian society: Deep-rooted conservatism widens gender gaps READ MORE
2. Casteism threatens constitutionalism READ MORE
3. Queer Rights: Sec 377 Is Down, but Urgent Reforms Are Required for Equality and Dignity READ MORE

1. Sop or welfare debate: Steps to limit freebies or to discourage populism should come through Parliament READ MORE
2. Data rules: The Centre must address data breach, surveillance concerns when it redrafts the Personal Data Protection Bill READ MORE
3. The Failed Fraternity Factor READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. CJI Ramana recommends Justice Lalit as successor READ MORE
2. Iran nuclear talks to restart in Vienna with EU mediation READ MORE
3. PMI Price rise driving 8% of GST revenue surge: SBI Research READ MORE
4. Explained: What are rare earth elements, and why is India keen to join a global alliance to ensure their supply? READ MORE
5. UNECA calls for transparent, comparable carbon pricing systems READ MORE
6. Over 1,500 people died in elephant attacks in last 3 years, maximum casualties in Odisha READ MORE
7. South Korean spacecraft launched to the moon, country’s 1^st READ MORE
8. Isro to launch AzaadiSat satellite built by 750 school girls next week READ MORE

Main Exam

GS Paper- 1

1. Women and Indian society: Deep-rooted conservatism widens gender gaps READ MORE
2. Casteism threatens constitutionalism READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Sop or welfare debate: Steps to limit freebies or to discourage populism should come through Parliament READ MORE
2. Data rules: The Centre must address data breach, surveillance concerns when it redrafts the Personal Data Protection Bill READ MORE
3. The Failed Fraternity Factor READ MORE

SOCIAL ISSUES

1. Queer Rights: Sec 377 Is Down, but Urgent Reforms Are Required for Equality and Dignity READ MORE

INTERNATIONAL ISSUES

1. MALDIVES President SEEKS DEEPER TIEs WITH INDIA READ MORE
2. Balancing acts: Occurrences in Afghanistan and Taiwan demand vigilance READ MORE

 GS Paper- 3

ECONOMIC DEVELOPMENT

1. Is the declining rupee a crisis or an opportunity? READ MORE
2. What the RBI’s Financial Stability Report reveals about the banking sector READ MORE
3. Why our economic growth has been patchy READ MORE
4. States’ borrowing spree a recipe for disaster READ MORE
5. The state of inequality in India READ MORE

ENVIRONMENT AND ECOLOGY

1. India’s NDC: Why sector-specific targets are needed for reducing emmissions READ MORE
2. Clear signs: 1.5°C warmer world to be catastrophic for India READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Three things that prompt us to speak, write & act READ MORE
2. Putting on a show to keep people engaged READ MORE

Questions for the MAIN exam

1. ‘Economic strength will be a key factor in determining leadership in the emerging world order’. In the light of the statement discuss the need for India to improve trade relations with neighbouring countries.
2. ‘Freebie culture is a political disease and has to be cured politically. There is no need to involve the judiciary in it’. Do you agree with this view? Justify your case.

QUOTATIONS AND CAPTIONS

• There is no higher religion than human service. To work for the common good is the greatest creed.
• High expenditures on interest payments mean fewer resources for countercyclical fiscal policies and social spending in critical areas.
• Only government intervention can ensure that members of the queer communities can access basic services like housing, insurance and health care without obscuring their identities.
• Legislative changes in marital rights are much-debated and controversial, and would require an abundance of community action and legislative pushback.
• India has been moving away from the policy of coddling China. Now it is time for New Delhi to strengthen trade relations with Taiwan and scale up diplomatic relations.
• Economic strength will be a key factor in determining leadership in the emerging world order.
• One can understand the need for subsidies and freebies during the pandemic times, but now these should be carefully targeted to reach only the neediest.
• Since populist governments cannot be stopped from spending recklessly regardless of the demands of constitutional propriety or financial prudence, it is perhaps only for the judiciary to restrain them.
• Freebie culture is a political disease and has to be cured politically. There is no need to involve the judiciary in it.
• The growth of economy is closely connected to education. And it is not enough to turn out technicians.
• The Centre must address data breach, surveillance concerns when it redrafts the Personal Data Protection Bill.
• A general concern over ‘freebies’ pushing the economy to ruin or unviable pre-election promises adversely affecting informed decision-making by voters seems reasonable.

50 WORD TALK

• Supreme Court’s concerns about irrational freebies are valid but it shouldn’t get enmeshed in fractious ‘revdi’ debate. What’s freebie for one can be welfare for another and vice versa. Until voters see its disastrous consequences, judicial or legal remedies will be ineffective. SC has more pressing matters to dispose of.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE INDIAN POLITY AND GOVERNANCE

1.THE CJI PROPOSES JUSTICE U.U. LALIT AS SUCCESSOR

THE CONTEXT: The chief Justice of India N.V. Ramana recommended to the government the name of Justice Uday Umesh Lalit as his successor and the 49th Chief Justice of India.
THE EXPLANATION:
• The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office”.
• The process, according to the Memorandum, begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.

Appointment of CJI:
• The Chief Justice of India is traditionally appointed by the outgoing Chief Justice of India on the day of his (or her) retirement.
• By convention, the outgoing Chief Justice of India selects the most senior then-sitting Supreme Court judge.
• Seniority at the apex court is determined not by age, but by:
o The date a judge was appointed to the Supreme Court.
• If two judges are elevated to the Supreme Court on the same day:
o The one who was sworn in first as a judge would trump another.
o If both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes.
o An appointment from the bench would ‘trump’ in seniority an appointee from the bar.

Is it a part of the Constitution?
• The Constitution of India does not have any provision for criteria and procedure for appointing the CJI. Article 124(1) of the Indian Constitution says there “shall be a Supreme Court of India consisting of a Chief Justice of India”.
• The closest mention is in Article 126, which deals with the appointment of an acting CJI.
• In the absence of a constitutional provision, the procedure relies on custom and convention.

What is the procedure?
The procedure to appoint the next CJI is laid out in the Memorandum of Procedure (MoP) between the government and the judiciary:
• The procedure is initiated by the Law Minister seeking the recommendation of the outgoing CJI at the ‘appropriate time’, which is near to the date of retirement of the incumbent CJI.
• The CJI sends his recommendation to the Law Ministry; and in the case of any qualms, the CJI can consult the collegium regarding the fitness of an SC judge to be elevated to the post.
• After receiving recommendation from the CJI, the law minister forwards it to the Prime Minister who then advises the President on the same.
• The President administers the oath of office to the new CJI.

Appointment of the CJI and the appointment of SC judges- key difference:
• In the former, the government cannot send the recommendation of the CJI (or the collegium) back to them for reconsideration; while in the latter, the government can do so. However, if the collegium reiterates those names, then the government cannot object any further.

2.THE FAMILY COURTS (AMENDMENT) BILL 2022

THE CONTEXT: The Rajya Sabha passed the Family Courts (Amendment) Bill amid disruptions over the Enforcement Directorate’s “actions against Opposition MPs” when the House is in session. The Bill validates family courts in Himachal Pradesh and Nagaland with retrospective effect.
THE EXPLANATION:
• The Family Courts (Amendment) Bill was introduced in Lok Sabha on July 18, 2022. The Bill amends the Family Courts Act, 1984. The Act allows state governments to establish Family Courts. The central government is empowered to notify dates for the Act to come into force in different states. The governments of Himachal Pradesh and Nagaland have set up Family Courts in their states under the Act. However, the central government has not extended the application of the Act to these states
• Application of Act in Himachal Pradesh and Nagaland: The Bill seeks to extend the application of the Act to the state of Himachal Pradesh, with effect from February 15, 2019, and to the state of Nagaland, with effect from September 12, 2008. The establishment of Family Courts in both the states will be retrospectively valid from these dates. All actions taken under the Act in both the states, including the appointment of judges, and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.

Family Courts Act, 1984:
• According to the 59th Law Commission Report (1974) and the Committee on the Status of Women (1975), it was recommended that family disputes be treated differently than traditional civil proceedings.
• As a result, the Family Courts Act was passed in 1984, allowing state governments to establish family courts to promote conciliation and ensure that disputes concerning family affairs and marriage are resolved as soon as possible.
• The establishment and operation of family courts is the responsibility of state governments in consultation with their respective high courts, according to the Act.
• The Act requires the state government to establish a family court in every city or town with a population of more than one million people.
• The family court judges are appointed by the state government with the approval of the high court.
• There are 716 Family Courts in operation across the country (February 2022).

Difficulties confronting Indian Family Courts:
• The fundamental goal of the family court was to provide a quick resolution of problems involving marriage and family and to reach an agreement between the parties for reconciliation; however, this goal has yet to be met. Some of the challenges that family courts face are as follows:
o “Family” is not defined in the Act – The term “family” is not defined in the Act.
o Only cases involving marriage, child support, and divorce are heard in family court.
o As a result, the family court does not address issues arising from economic implications that affect the family in a variety of ways.
o Inadequate law enforcement – The Act empowers state governments to create regulations for the operation of family courts in their jurisdictions.
o Nonetheless, most state governments have not used these powers effectively to create rules and set up family courts.
o Complicated law – Because the family court follows the principles of the Code of Civil Procedure in suits and proceedings, the average person finds it difficult to understand the complicated law.

3.ONE WORD A DAY – NALSA

THE CONTEXT: Recently, the 1st First Meeting of the All India District Legal Services Authority, organized by the National Legal Services Authority was inaugurated by the PM.
THE EXPLANATION:
• He said that the time which was chosen for the inauguration of this meet was not only apt but also appropriate from a historical perspective as India was soon going to celebrate its 75th year of Independence.

What is NALSA?
• The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.
• It also organizes Lok Adalats for amicable settlement of disputes.
• It monitors and reviews various legal aid programs. It provides rules and principles for legal services under the Act.
• It also distributes funding and grants to state legal services authorities and non-profit organisations to help them execute legal aid systems and initiatives.
• The Chief Justice of India is the Patron-in-Chief. NALSA is housed at Supreme Court of India.

What are SLSA and DLSA?
• In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA.
• It aims to give free legal services to the people and conduct Lok Adalats in the State.
• The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
• Similarly, in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.
• The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.
• Other than these, there are Taluka/ Sub-Divisional Legal Services Committee (headed by a senior Civil Judge), High Court Legal Services Committee and Supreme Court Legal Services Committee.

What are the objectives of Legal Services Authorities?
• Provide free legal aid and advice.
• Spread legal awareness.
• Organize Lok Adalat’s.
• Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
• Provide compensation to victims of crime.

What are various Constitutional provisions related to NALSA?
• Article 39A of the Constitution of India: It provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system that promotes justice on a basis of equal opportunity to all.

What is a brief historical background of NALSA?
• The earliest Legal Aid movement appears to be from the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent.
• In Britain, the history of the organized efforts on the part of the State to provide legal services to the poor and needy dates back to 1944.
• Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions.
• In different states, legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

4.THE COAL MINING PROTESTS IN THE HASDEO ARANYA REGION

THE CONTEXT: Amit protest protests against mining in Hasdeo Aranya region, recently the Chhattisgarh Legislative Assembly unanimously passed a private member resolution urging the Centre to cancel allocation of all coal mining blocks in the ecologically sensitive area.
THE EXPLANATION:
What is the importance of the Hasdeo-Aranya region?
• The Hasdeo Aranya (Aranya means forest) lies in the catchment area of the Hasdeo river and is spread across 1,878 sq km in North-Central Chhattisgarh. The Hasdeo river is a tributary of the Mahanadi river which originates in Chhattisgarh and flows through Odisha into the Bay of Bengal.
• The Hasdeo forests are also the catchment area for the Hasdeo Bango Dam built across the Hasdeo river which irrigates six lakh acres of land, crucial to a State with paddy as its main crop. Besides, the forests are ecologically sensitive due to the rich biodiversity they offer and due to the presence of a large migratory corridor for elephants.

What are the possible consequences of mining in this region?
• According to the studies by the ICFRE and Wildlife Institute of India (WII), mining will
o Affect the biodiversity in the region
o Lead to habitat loss or clearing of forests
o Aggravate the issue of human-elephant conflicts
o Have an impact on the community in form of loss of livelihood, identity, and culture as 90% of the households are dependent on agriculture and forest produce
o Lead to displacement of people
o Further marginalise the adivasis
• But it backed considering mining in four blocks – Tara, Parsa, PEKB and Kente Extension with strict environmental safeguards.

What is the current issue?
• In 2021, a 300-km-long march was undertaken by around 350 people from tribal communities to Raipur alleging illegal land acquisition.
• Local women in Surajpur district of Chhattisgarh started a tree-hugging campaign as trees were being cut for the mining project in Hasdeo Aranya.
• Mining in the region is being continued as the policy for the ‘No-Go Zone’ was not finalised.

THE GOVERNMENT SCHEMES/INITIATIVES IN NEWS

5.ICMR STARTS NEW INITIATIVE IN NORTHEAST

THE CONTEXT: The Indian Council of Medical Research (ICMR) has inaugurated Foodborne Pathogen Survey Network (ICMR-FoodNet) in the northeastern States of India. It is the beginning of a unique public health initiative in Northeast.

THE EXPLANATION:
This latest initiative is part of the project, started by ICMR, in 2020. The integrated task force coordinates project-based activity campaigns, monitors foodborne enteric disease outbreaks, and conducts intensified systematic laboratory-based surveillance in four North-East Indian states, in collaboration with research and medical institutions and food sectors.

All-inclusive
This project also includes estimation of illness burden, detection of specific pathogens responsible for outbreaks, documenting antimicrobial resistance patterns among enteric bacteria, while additionally acting as an external quality assurance system and maintaining a centralized data bank providing reference services, noted the Council.

VALUE ADDITION:
Indian Council of Medical Research (ICMR)
Mandate
• Apex body in India for the formulation, coordination and promotion of biomedical research.
• Conduct, coordinate and implement medical research for the benefit of the society.
• Translating medical innovations into products/processes and introducing them into the public health system
Vision
• Translating Research into Action for Improving the Health of the Population.
Mission
• Generate, manage and disseminate new knowledge
• Increase focus on research on the health problems of the vulnerable, the disadvantaged and marginalized sections of the society
• Harness and encourage the use of modern biology tools in addressing health concerns of the country
• Encourage innovations and translation related to diagnostics, treatment, methods/vaccines for prevention
• Inculcate a culture of research in academia especially medical colleges and other health research institutions by strengthening infrastructure and human resource.

6.REVISION SERIES: MISSION VATSALYA SCHEME

Objectives of the Mission:
• Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’.
• The Juvenile Justice (Care and Protection of Children) Act, 2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic framework for implementation of the Mission. Funds under the Mission Vatsalya Scheme are released according to the requirements and demands made by the States/UTs.

Funding:
• The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support the States and UTs in universalizing access and improving quality of services across the country. The fund sharing pattern is in the ratio of 60:40 between Centre and State & Union Territories with Legislature respectively.
• The fund sharing pattern between Centre and State is in the ratio of 90:10 for the North-Eastern States viz. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura and two Himalayan States viz. Himachal Pradesh and Uttarakhand, and UT of Jammu and Kashmir. For Union Territories without Legislature, it is 100% central share.

Components:

• It will include statutory bodies; service delivery structures; institutional care/services; non-institutional community-based care; emergency outreach services (through Childline or the national helpline 1098 for children); training and capacity building.

Implementation:
• Under the mission, the Government plans to partner with the private sector as well as volunteer groups for its scheme for the protection of vulnerable children such as those abandoned or missing.
• For this, a Vatsalya portal will be developed that will allow volunteers to register so that State and District Authorities can engage them in executing various schemes.

THE PRELIMS PRACTICE QUESTIONS

QUESTIONS OF THE DAY

Q. With reference to Mission Vatsalya, consider the following statements:
1. It is 100 percent Central sector scheme.
2. It’s an umbrella scheme for child protection services in the country.
3. It is also known as Integrated Child Protection Scheme.
Which of the statements given above is/are incorrect?
a) 1 only
b) 2 only
c) 1 and 2 only
d) 1 and 3 only

ANSWER FOR THE PRACTICE QUESTION

ANSWER: A
EXPLANATION:
• Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’.
• The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support the States and UTs in universalizing access and improving quality of services across the country. The fund sharing pattern is in the ratio of 60:40 between Centre and State & Union Territories with Legislature respectively.
• In 2010, these were merged into a single plan known as the Integrated Child Protection Scheme.
• In 2017, it was renamed “Child Protection Services Scheme,” and again in 2021-22 as Mission Vatsalya.

[WpProQuiz 304]

THE CONTEXT: With climate change, biodiversity loss and pollution exacting a devastating toll on the world’s ocean — critical to food security, economic growth and the environment; the 2022 UN Ocean Conference was held in Lisbon, Portugal from 27 June – 1st July 2022, with a call for a new chapter of ocean action driven by science, technology and innovation.This article presents the complete picture of the present situation and the way forward for healthier oceans.

ABOUT THE CONFERENCE:

• The UN (United Nations) Ocean Conference 2022 was held to ensure global cooperation toward the protection and sustenance of the Ocean ecosystem of the world.
• Co-Hosted by: Governments of Kenya and Portugal
• Aim: To propel much-needed science-based innovative solutions aimed at starting a new chapter of global ocean action.
• Theme: Scaling up Ocean Action Based on Science and Innovation for the Implementation of Goal 14: stocktaking, partnerships and solutions; in line with the UN Decade of Ocean Science for Sustainable Development, stresses the critical need for scientific knowledge and marine technology to build ocean resilience.

KEY AGENDA OF THE CONFERENCE

MORATORIUM ON DEEP-SEA MINING

• Push for a moratorium on deep-sea mining of rare metals needed for a boom electric vehicle battery construction.
• The digging and gauging of the ocean floor by machines can alter or destroy deep-sea habitats.

CARBON SEQUESTRATION

• Focus on carbon sequestration to boost the ocean’s capacity to soak up CO2, by either enhancing natural sinks such as mangroves or through geoengineering schemes.

BLUE DEAL

• A “Blue Deal” was promoted to enable the sustainable use of ocean resources for economic growth.
• It includes global trade, investment and innovation to create a sustainable and resilient ocean economy.
• Focus on blue food to ensure marine harvests from all sources are sustainable and socially responsible.

HIGH SEAS ARE UNREGULATED

• No comprehensive legal framework covers the high seas. Oceans cover some 70% of the earth’s surface and provide food and livelihoods for billions of people.
• Some activists refer to them as the largest unregulated area on the planet.

THREAT TO OCEAN

• Threats to the oceans include global warming, pollution (including plastic pollution), acidification, marine Heatwaves etc.

ABOUT LISBON DECLARATION

At the UN Ocean Conference 2022, all 198 members of the United Nations unanimously adopted the Lisbon Declaration on ocean conservation.

AIM

• To follow science-based and innovative actions on an urgent basis.
• It sends a strong signal to urgently improve the health, sustainable use and resilience of the ocean.

NEED

• It was recognised that developing countries, particularly small island developing states and least developed countries, need assistance with capacity building.

FOCUS AREAS

• Participants at the conference also agreed to work on preventing, reducing and controlling marine pollution. It includes:
  • Nutrient pollution
  • Untreated wastewater
  • Solid waste discharges
  • Hazardous substances
  • Emissions from the maritime sector, including shipping, shipwrecks
  • Anthropogenic underwater noise

SIGNIFICANCE

• Sustainable ocean-based economies: developing and promoting innovative financing solutions to help create sustainable ocean-based economies as well as expanding nature-based solutions to help conserve and preserve coastal communities.
• Restoring harmony with nature through a healthy, productive, sustainable and resilient ocean is critical for our planet, our lives and our future.

OCEANS AND SDG-14

• The ocean covers 70 per cent of the Earth’s surface, is the planet’s largest biosphere, and is home to up to 80 per cent of all life in the world. It generates 50 per cent of the oxygen we need, absorbs 25 per cent of all carbon dioxide emissions and captures 90 per cent of the additional heat generated from those emissions. It is not just ‘the lungs of the planet’ but also its largest carbon sink – a vital buffer against the impacts of climate change.
• It nurtures unimaginable biodiversity and produces food, jobs, and mineral and energy resources needed for life on the planet to survive and thrive. There is a great deal we still do not know about the ocean but there are many reasons why we need to manage it sustainably – as set out in the targets of Sustainable Development Goal 14: Life Below Water.
• The oceans are facing unprecedented threats as a result of human activities. Its health and ability to sustain life will only get worse as the world population grows and human activities increase. If we want to address some of the most defining issues of our time such as climate change, food insecurity, diseases and pandemics, diminishing biodiversity, economic inequality and even conflicts and strife, we must act now to protect the state of our ocean.
• SDGs adopted in 2015 as an integral aspect of the 2030 Agenda for Sustainable Development and its set of 17 transformative goals, Goal 14 stresses the need to conserve and sustainably use the world’s oceans, seas and marine resources. Advancement of Goal 14 is guided by specific targets that focus on an array of ocean issues, including reducing marine pollution, protecting marine and coastal ecosystems, minimizing acidification, ending illegal and over-fishing, increasing investment in scientific knowledge and marine technology, and respecting international law that calls for the safe and sustainable use of the ocean and its resources.

OTHER INITIATIVES TO ENSURE A SUSTAINABLE OCEAN ECOSYSTEM

DECADE OF OCEAN SCIENCE FOR SUSTAINABLE DEVELOPMENT

• The UN has proclaimed a Decade of Ocean Science for Sustainable Development (2021-2030) to support efforts to reverse the cycle of decline in ocean health and gather ocean stakeholders worldwide behind a common framework that will ensure ocean science can fully support countries in creating improved conditions for sustainable development of the Ocean.

ONE OCEAN SUMMIT

• The goal of the One Ocean Summit (Feb 2022) is to raise the collective level of ambition of the international community on marine issues.
• Commitments will be made toward combating illegal fishing, decarbonising shipping and reducing plastic pollution.
• Will also focus on efforts to improve governance of the high seas and coordinate international scientific research.

WORLD OCEANS DAY

• 8th June is World Oceans Day, the United Nations day for celebrating the role of the oceans in our everyday life and inspiring action to protect the ocean and sustainably use marine resources.

MARINE PROTECTED AREAS

• A Marine Protected Area (MPA) is a marine area that provides protection for all or part of the natural resources it contains.
• Within an MPA, certain activities are limited, or entirely prohibited, to meet specific conservation, habitat protection, ecosystem monitoring or fisheries management objectives.
• MPAs do not necessarily exclude fishing, research or other human activities; in fact, many MPAs are multi-purpose areas.

GLO LITTER PARTNERSHIPS PROJECT

• It is launched by the International Maritime Organization (IMO) and the Food and Agriculture Organization of the UNs (FAO) and initial funding from the Government of Norway. It is aimed to prevent and reduce marine plastic litter from shipping and fisheries.

INDIA- NORWAY OCEAN DIALOGUE

• In 2019, the Indian and Norwegian governments agreed to work more closely on oceans by signing an MoU and establishing the India-Norway Ocean Dialogue.

INDIA’S DEEP OCEAN MISSION

• It is a mission mode project to support the Blue Economy Initiatives of the Government of India.

INDIA’S INDO-PACIFIC OCEANS INITIATIVE (IPOI)

• It is an open, non-treaty-based initiative for countries to work together for cooperative and collaborative solutions to common challenges in the region.
• It draws on existing regional architecture and mechanisms to focus on seven pillars:
  • Maritime Security
  • Maritime Ecology
  • Maritime Resources
  • Capacity Building and Resource Sharing
  • Disaster Risk Reduction and Management
  • Science, Technology and Academic Cooperation
  • Trade Connectivity and Maritime Transport

SOLUTIONS NECESSARY TO OVERCOME CHALLENGES IN ACHIEVING GOAL 14

INTEGRATED OCEAN MANAGEMENT 

• Planning and decision-making, through improving our understanding of the impact of cumulative human activities on the ocean and anticipating the impacts of planned activities and eliminating or minimizing their negative effects, as well as the effectiveness of adopted measures.

IMPLEMENTING SCIENCE-BASED MANAGEMENT PLANS

• Use of an ecosystem approach to fisheries that protects essential habitats and promotes collaborative processes for decision-making that include all stakeholders, including small-scale and artisanal fisheries, recognizing their role in poverty eradication and ending food insecurity.
• To minimize waste, unwanted by-catch and discards, as well as combat illegal, unreported and unregulated fishing including through technological tools for monitoring.

SUSTAINABLE AQUACULTURE

• Mobilizing actions for sustainable fisheries and sustainable aquaculture for sufficient, safe and nutritious food, recognizing the central role of healthy oceans in resilient food systems and achieving the 2030 Agenda.

CONTROLLING MARINE POLLUTION

• Preventing, reducing and controlling marine pollution of all kinds, from:both land- and sea-based  sources, including nutrient pollution, untreated wastewater, solid waste discharges, hazardous substances,
• Emissions from the maritime sector: including shipping, pollution from shipwrecks and anthropogenic underwater noise, through improving our understanding of their sources, pathways and impacts on marine ecosystems.
• Preventing, reducing, and eliminating marine plastic litter, including single-use plastics and microplastics through:
• contributing to comprehensive life-cycle approaches,
• encouraging resource efficiency,
• recycling as well as environmentally sound waste management,
• ensuring sustainable consumption and production patterns,
• developing viable alternatives for consumer and industrial uses.

AREA-BASED MANAGEMENT TOOLS

• Effectively planning and implementing area-based management tools, including effectively and equitably managed, ecologically representative and well-connected Marine Protected Areas, and
• Other effective area-based conservation measures, integrated coastal zone management and marine spatial planning.
• by assessing their multiple ecological, socio-economic and cultural value and applying the precautionary and ecosystem-based approach, in accordance with national legislation and international law.

MEASURES TO MITIGATE AND ADAPT TO CLIMATE CHANGE

• Developing and implementing measures to mitigate and adapt to climate change, and avert, minimize and address loss and damage, reducing disaster risk and enhancing resilience by
  • increasing the use of renewable energy technologies, especially ocean-based technologies,
  • reducing the risk of and preparing for ocean-related extreme weather events,
  • development of multi-hazard early warning systems
  • integrating ecosystem-based approaches for disaster risk reduction at all levels and across all phases of disaster risk reduction and management,
• reducing emissions from maritime transportation, including shipping, and
• implementing nature-based solutions for carbon sequestration and the prevention of coastal erosion

THE ANALYSIS:

• The outcomes of the Ocean Conference 2022 call for a well-deserved applause. Nevertheless, it is important that we build on this extraordinary momentum, to accelerate post-Lisbon-progress towards a healthy, productive and resilient ocean with thriving marine and coastal species, ecosystems and communities and, moreover, the next generation of blue leaders and entrepreneurs.
• Now is the time to be bold, visionary and pragmatic, so that by 2030 we can collectively achieve at least 30% protection and 100% sustainable management of our ocean for the benefit of humankind and our world.
• The IPCC Sixth Assessment Report cautions that we have a “brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all”. Now that the global ocean community has come together in Lisbon, it is even more critical to follow through to ensure that key conventions and processes adopt decisive actions for the Ocean.

THE WAY FORWARD:

• No comprehensive legal framework covers the high seas. Oceans cover some 70% of the earth’s surface and provide food and livelihoods for billions of people. Some activists refer to them as the largest unregulated area on the planet. There shall be a comprehensive legal framework which covers the high seas.
• The conference also adopted a declaration that, though not binding on its signatories, could help implement and facilitate the protection and conservation of oceans and their resources. This calls for moral and ethical commitments by the nations and they shall adhere to them.
• Allocating funds to research on ocean acidification, climate resilience and surveillance.
• Scaling up Science-based and innovative actions to address ocean emergencies.

THE CONCLUSION: Without healthy ocean life, our planet as we know would not exist. We must seek to right the wrongs we have done against our children and grandchildren, turn the tide on our irresponsible stewardship and build momentum for a future where humanity can once again live in harmony with nature. The UN Ocean Conference 2022 is a step in the right direction and we shall build over it and act proactively for the sake of our HOME.

Mains Practice Questions:

1. The ocean is fundamental to life onº our planet and to our future. Elaborate on the commitments made by the nations at the UN Ocean Conference 2022.
2. Science-based innovative actions, international cooperation and partnerships based on science, technology and innovation are much needed to protect our oceans and achieve the targets set under Goal 14 of the SDGs. Elaborate.

THE INDIAN POLITY AND GOVERNANCE

1.LOK SABHA PASSES CENTRAL UNIVERSITIES (AMENDMENT), BILL 2022

THE CONTEXT: Lok Sabha passed Central Universities (Amendment), Bill 2022 for conversion of the National Rail and Transportation Institute (NRTI), a Deemed to be University into Gati Shakti Vishwavidyalaya (GSV), a Central University.

THE EXPLANATION:

BILL HIGHLIGHTS:

The Bill amends the Central Universities Act, 2009, which provides for establishing central universities in various states.  Key features of the Bill include:

• Gati Shakti Vishwavidyalaya: The Bill seeks to convert the National Rail and Transportation Institute, Vadodara (a deemed university) to the Gati Shakti Vishwavidyalaya, which will be a central university.  The National Rail and Transportation Institute was declared a deemed university under the University Grants Commission Act, 1956.  The Vishwavidyalaya will be sponsored and funded by the central government through the Ministry of Railways.
• Scope of education: The Bill provides that Gati Shakti Vishwavidyalaya will take measures to provide quality teaching, research, and skill development in disciplines related to transportation, technology, and management. If required, the University may also establish centres in India and abroad.  According to the Statement of Objects and Reasons, establishment of the Vishwavidyalaya will address the need of trained talent in the transportation sector.
• Appointment of a new Vice-Chancellor (VC): The existing VC of the National Rail and Transportation Institute will hold office for: (i) six months from when the Act is notified, or (ii) until a new VC for the Gati Shakti Vishwavidyalaya is appointed, whichever is earlier.

What is PM Gati Shakti Master Plan?

• Prime Minister launched PM Gati Shakti – National Master Plan for Multimodal Connectivity in October 2021. This is a digital platform that aims to bring 16 Ministries including Education, Railways and Roadways together for integrated planning and coordinated implementation of infrastructure connectivity projects.
• It is learned that integrated and seamless connectivity for the movement of people, goods, and services from one mode of transport to another will be offered by this multi-modal connectivity. Also, last-mile connectivity of infrastructure will be facilitated to reduce travel time for people. Minister Sitharaman said in her Budget speech, “One product one railway station will be popularised, 400 new Vande Bharat trains to be introduced”.

THE INTERNATIONAL RELATIONS

2.EXPLAINED: COULD CHINA INVADE TAIWAN?

THE CONTEXT: After China announced military exercises in six sea zones close to Taiwan, the island’s defence ministry said it had no doubt what message Beijing wanted to send: “that they seek a cross-strait resolution by force instead of peaceful means.”

THE EXPLANATION:

Where is Taiwan?

• Taiwan is an island that is roughly 100 miles from the Coast of South East China. Taiwan sits in the so-called ‘first island chain’, which includes a list of US-friendly territories that are also crucial to US Foreign Policy.
• If China was to take over Taiwan, some western experts have suggested that it could be freer to project power in the Western Pacific Region and could possibly even threaten US military bases as far away as Guam and Hawaii. However, China has insisted that its intentions are purely peaceful.

What is the origin of Taiwan-China Tussle?

• Taiwan, earlier known as Formosa, a tiny island off the east coast of China.
• The island is located in the East China Sea, to the northeast of Hong Kong, north of the Philippines and south of South Korea, and southwest of Japan.
• Taiwan is the unfinished business of China’s liberation under the Chinese Communist Party (CCP) in 1949.
• The Guomindang (KMT) forces under Chiang Kai-shek lost the 1945-49 civil war to the Communist forces under Mao Zedong.
• Chiang Kai-shek retreated to the island of Taiwan and set up a regime that claimed authority over the whole of China and pledged to recover the mainland eventually.
• The Communists in turn pledged to reclaim what it regarded as a “renegade” province and achieve the final reunification of China.
• Taiwan (known as Republic of China – ROC) could not be occupied militarily by the newly established People’s Republic of China (Communist’s mainland China) as it became a military ally of the United States during the Korean War of 1950-53.

Why US-China are at loggerheads over Taiwan?

• The United States has been engaging in a delicate balancing act between Taiwan and China. Washington follows ‘One-China’ Policy, which recognizes Beijing but allows informal relations and defense ties with Taipei.
• US provides arms to Taiwan- it is by far the largest arms dealer for Taiwan- and follows a strategic ambiguity policy about how far it will be willing to go to defend Taiwan in the face of Chinese invasion.
• In recent times, tensions seem to have escalated between the US and China. In May, China made the second largest incursion into Taiwan’s air defence zone in 2022 with Taipei reporting 30 jets entering the area, including more than 20 fighters.
• The president of the US Joe Biden raised eyebrows at China’s actions and said that the US would intervene militarily if Taiwan were attacked.

Why Taiwan is important for the rest of the world?

• Taiwan’s economy is hugely important. Much of the world’s everyday electronic equipment-from laptops, watches, and game consoles- is powered by computer chips that are made in Taiwan.
• By one measure, a single Taiwanese company- the Taiwan semiconductor manufacturing company or TSMC- has over half the world’s market. TSMC is a so-called ‘foundry’- a company that makes chips designed by consumers and military consumers. It is a vast industry that was worth almost $100 billion in 2021.
• A Chinese takeover in Taiwan can give Beijing some control over one of the world’s most important industries.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

3.INDIA ADDS 10 MORE WETLANDS DESIGNATED AS RAMSAR SITES TO MAKE TOTAL 64 SITES

THE CONTEXT: India adds 10 more wetlands designated as Ramsar sites to make total 64 sites covering an area of 12,50,361 ha in the country.

THE EXPLANATION:

• The 10 new sites include: Six (6) sites in Tamil Nadu and One (1) each in Goa, Karnataka, Madhya Pradesh and Odisha. Designation of these sites would help in conservation and management of wetlands and wise use of their resources.
• India is one of the Contracting Parties to Ramsar Convention, signed in Ramsar, Iran, in 1971. India signed it on 1st Feb 1982. So far 64 wetlands covering an area of 12,50,361 ha have been designated as Ramsar Sites of International Importance from India, till date.
• The sites are Koothankulam Bird Sanctuary, Gulf of Mannar Marine Biosphere Reserve,Vembannur Wetland Complex, Vellode Bird Sanctuary, Vedanthangal Bird Sanctuary and Udhayamarthandapuram Bird Sanctuary, all in Tamil Nadu, Satkosia Gorge in Odisha,Nanda Lake in Goa, Ranganathittu Bird Sanctuary in Karnataka, and Sirpur Wetland in Madhya Pradesh.
• Until 2012, India had 26 Ramsar sites, with the last decade witnessing a meteoric rise. Ramsar wetlands now comprise around 10% of the total wetland area in the country.
• Being designated one, however, doesn’t necessarily invite extra international funds but that States —and the Centre — must ensure that these tracts of land are conserved and spared from man-made encroachment. Acquiring this label also helps with a locale’s tourism potential and its international visibility.

Criteria for declaring the wetlands

• “Ramsar Sites are designated because they meet the criteria for identifying wetlands of international importance. The first criterion refers to sites containing representative, rare or unique wetland types, and the other eight cover sites of international importance for conserving biological diversity. These criteria emphasize the importance the convention places on sustaining biodiversity,” the convention’s website states.
• The Pichavaram mangrove, for instance, which got the Ramsar tag on April 8, 2022 is one of the largest mangrove ecosystems in India with littoral and swamp forest habitats, located between the estuaries of the Vellar and Kollidam rivers. Trees here are permanently rooted under a few feets of water.

THE ECONOMIC DEVELOPMENTS

4.INDIA’S TRADE DEFICIT SURGES TO OVER $31 BN – WHAT IS TRADE DEFICIT

THE CONTEXT: India’s trade deficit has widened to a record $31.02 billion in July 2022 to contracting merchandise exports and a rise in imports. This is a three-times increase from the $10.63 billion trade deficit reported in July last year (2021).

THE EXPLANATION:

What is trade deficit?

• Trade deficit or negative balance of trade (BOT) is the gap between exports and imports. When money spent on imports exceeds that spent on exports in a country, trade deficit occurs.
• It can be calculated for different goods and services and also for international transactions. The opposite of trade deficit is trade surplus.

What causes it?

There are multiple factors that can be responsible. One of them is some goods not being produced domestically. In that case, they have to be imported. This leads to an imbalance in their trade. A weak currency can also be a cause as it makes trade expensive.

Is it bad for a country’s economy?

• If trade deficit increases, a country’s GDP decreases. A higher trade deficit can decrease the local currency’s value.
• More imports than exports, according to economists, impact the jobs market and lead to an increase in unemployment. If more mobiles are imported and less produced locally, then there will be less local jobs in that sector.

Reasons of Surge in TD & CAD

• The surge in oil prices, amid a pickup in domestic demand, will significantly enhance India’s import bill.
• Aided by the broader rise in commodities and fertilizers.
• Anticipation that gold imports will remain high as investors look to hedge against market volatility and inflation.
• The situation is especially aggravated by the ongoing Russia-Ukraine conflict.

5.CENTRE INCREASES FAIR AND REMUNERATIVE PRICE ON SUGARCANE

THE CONTEXT: The Cabinet Committee on Economic Affairs, at its meeting chaired by Prime Minister, has approved Fair and Remunerative Price (FRP) of sugarcane for sugar season 2022-23 (October – September) at ₹305 per quintal. The amount is for sugarcane with a basic sugar recovery rate of 10.25%.

THE EXPLANATION:

• The Centre has also announced a premium of ₹3.05 per quintal for each 0.1% increase in recovery of sugar over and above 10.25% and reduction in FRP by ₹3.05 per quintal for every 0.1% decrease in recovery.
• The FRP for last season was ₹290 per quintal with a basic recovery rate of 10%. While the Centre claimed the increase will protect the interest of sugarcane farmers, the farmers’ organisations said the FRP is too low when compared to the increase in input cost and the increase of 0.25% in recovery rate is a blow to them. The Centre has also decided that there shall not be any deduction in case of sugar mills where recovery is below 9.5%. “Such farmers will get ₹282.125 per quintal for sugarcane in ensuing sugar season 2022-23 in place of ₹275.50 per quintal in current sugar season 2021-22”.
• It added that the A2 + FL (actual paid out cost plus imputed value of family labour) cost of production of sugarcane for season 2022-23 is ₹162 per quintal. “This FRP of ₹305 per quintal at a recovery rate of 10.25% is higher by 88.3% over cost of production, thereby ensuring the promise of giving the farmers a return of more than 50% over their cost. The FRP for sugar season 2022-23 is 2.6% higher than current sugar season 2021-22. The decision is based on a recommendation by the Commission for Agricultural Costs and Prices (CACP).

VALUE ADDITION:

Commission for Agricultural Costs and Prices (CACP)

• CACP is an expert body that recommends minimum support prices (MSPs) to the Government (CCEA) by taking into account the cost of production, trends in domestic and international prices.
• It is a statutory panel under the Ministry of Agriculture, established in January 1965.
• It makes recommendations for MSPs for 23 Kharif and rabi crops
• However, its suggestions are not binding on the government.

THE PRELIMS PERSPECTIVE

6.PLACES IN NEWS:WITWATERSRAND BASIN: ARTISANAL GOLD MINING IN SOUTH AFRICA IS OUT OF CONTROL

THE CONTEXT: The Illegal and unregulated artisanal gold mining on the Witwatersrand Basin, located south of South Africa’s Gauteng province, is an increasing threat to community, industrial and state security. Reports on turf wars between rival gangs, or shootouts between illegal miners and security officers are commonplace.

THE EXPLANATION:

• The recent incidents point to a spike in the scale of illegal activity, conflict and criminality.
• In October 2021, approximately 300 illegal miners, known as “zama zamas”, attacked and shot at police and security officers when the officers tried to prevent them from delivering food parcels to underground miners. In June 2022, about 150 illegal miners stormed gold miner Sibanye-Still water’s mothballed Cooke shaft near Randfontein in an attempt to gain control. And since last week, South Africans have been reeling at the horrific robbery and gang rape of a film crew at a mine dump close to West Village, a multi-racial suburb of Krugersdorp on the West Rand.

What is meant by artisanal mining?

Artisanal and small-scale mining, or ASM, is a largely informal economic sector that includes workers around the world who use basic tools to extract from the earth everything from gold and gemstones to vital metals such as cobalt, tin, tungsten and tantalum.

THE PRELIMS PRACTICE QUESTIONS

QUESTIONS OF THE DAY

Q.Consider the following pairs:

RAMSAR SITES                                               STATE

1. Koothankulam Bird Sanctuary –         Tamil Nadu
2. Nanda Lake                                     –       Telangana
3. Vembannur Wetland Complex –          Kerala

Which of the pairs given above is/are correctly matched?

a) 1 only

b) 2 only

c) 1 and 3 only

d) 3 only

ANSWER FOR THE PRACTICE QUESTION

ANSWER: A

EXPLANATION:

India adds 10 more wetlands designated as Ramsar sites to make total 64 sites covering an area of 12,50,361 ha in the country.

• The 10 new sites include: Six (6) sites in Tamil Nadu and One (1) each in Goa, Karnataka, Madhya Pradesh and Odisha. Designation of these sites would help in conservation and management of wetlands and wise use of their resources.
• India is one of the Contracting Parties to Ramsar Convention, signed in Ramsar, Iran, in 1971. India signed it on 1st Feb 1982. So far 64 wetlands covering an area of 12,50,361 ha have been designated as Ramsar Sites of International Importance from India, till date.
• The sites are Koothankulam Bird Sanctuary, Gulf of Mannar Marine Biosphere Reserve,Vembannur Wetland Complex, Vellode Bird Sanctuary, Vedanthangal Bird Sanctuary and Udhayamarthandapuram Bird Sanctuary, all in Tamil Nadu, Satkosia Gorge in Odisha,Nanda Lake in Goa, Ranganathittu Bird Sanctuary in Karnataka, and Sirpur Wetland in Madhya Pradesh.
• The 10 new sites include: Six (6) sites in Tamil Nadu and One (1) each in Goa, Karnataka, Madhya Pradesh and Odisha. Designation of these sites would help in conservation and management of wetlands and wise use of their resources.