[WpProQuiz 324]

The context: Just as the role of the Parliament pertains to making laws on a national level, the State Legislative Assemblies have been created for the same purpose at the state level under the Constitution. Over the years, the question of the efficacy of these state legislatures has to some extent been positioned under doubts based on their performance. In this article, we analyse the working of state legislative assemblies from the UPSC perspective.

LEGISLATIVE ASSEMBLIES OF THE STATES IN INDIA: A BRIEF BACKGROUND

• It was for the first time in the year 1773 via the Regulating Act of 1773 that provisions were made for the appointment of a Governor General and it was further assisted by a Governor General’s council.
• Under the 1861 Act, new legislative councils are formed in the provinces of Bengal, NWFP and Punjab.
• The Government of India Act of 1919 (also known as the Montagu-Chelmsford Reforms) was based on the Montagu-Chelmsford Report that had been submitted to Parliament in 1918. Under the act, elections were held in 1920, the number of Indian members to the viceroy’s Executive Council was increased from at least two to no fewer than three, and the Imperial Legislative Council was transformed into a bicameral legislature consisting of a Legislative Assembly (lower house) and a Council of State (upper house).
• Later, in accordance with the provisions of the Act of 1935, preparations were held for provincial autonomy. In early 1937, the general election to the provincial legislatures was fixed throughout the country.
• The Government of India Act 1935 ended dyarchy in the provinces and increased autonomy. Six provinces were given bicameral legislatures. Elections based on separate electorates were held in 1937 and 1946, leading to the formation of provincial ministries (governments) led by a Prime Minister.
• Further, the Constitution of India has embedded in its provisions, a detailed description about bicameralism in India. Part VI, Chapter III, Article 168-212 talks about the formation/creation of state legislatures, their composition, manner of election, abolition and dissolution, members- their powers and duties, etc.
• Some key provisions regarding State Legislative Assemblies:

Article 168

• Article 168 is the provision which speaks about the constitution of state legislatures.

ARTICLE 169

• Article 169 speaks about the abolition or creation of legislative councils. States which have a bicameral legislature can abolish their legislative council and states that wish to have a bicameral legislature, can opt for the creation of a legislative council.
• In either case, a special majority resolution has to be passed by the legislative assembly of that state. The special majority is obtained when the majority of all the members and two-thirds majority of the members present and voting, give their assent in favour of the motion.

ARTICLE 170

• Article 170 and Article 171 speak about the composition of the legislative assembly and the legislative council, respectively.
• Subject to the provisions of Article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State
• The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

ARTICLE 172, 173

• Article 172 specifies the duration of the state legislatures and Article 173 speaks about the qualifications required for becoming a member in state legislatures.

ARTICLE 174

• Article 174 gives power to the Governor to summon sessions of the houses, prorogue either house and dissolve the legislative assembly. The legislative council, however, is a permanent body and cannot be dissolved.

LEGISLATIVE ASSEMBLIES OF THE STATES IN INDIA: WORKING AND MANDATE

ROLE AND RESPONSIBILITIES

• Every state and union territory (except those directly governed by the Union Government) of India has a legislative assembly. It is the house of state legislature where legislative power truly resides. Any bill or proposition is always presented in the legislative assembly.
• Though it is then passed to the legislative council, the legislative assembly is not bound by the recommendations of the legislative council.

NATURE

• The powers of legislative councils are advisory in nature and ultimately, the decisions are made by the legislative assembly. This is why it is said to be the house where power truly resides. This is to an extent similar to the status of Lok Sabha in Parliament.

SCOPE OF BICAMERALISM

• States having a unicameral legislature, and that want to adopt a bicameral legislature by creating a legislative council, will have to present the motion for the same in the legislative assembly.
• States which have a legislative council but wish to abolish it, too, have to present their motion in the legislative assembly. It is only when a special majority is obtained in the legislative assembly that the creation/ abolition takes effect.

COMPOSITION

• The minimum number of members that must constitute a legislative assembly is 60 members and an upper limit of 500 members has been set. However, for certain states like Goa, Sikkim, etc., the lower limit has been relaxed.

 LEGISLATIVE ASSEMBLIES OF THE STATES IN INDIA: ANALYSING THE PERFORMANCE

FREQUENCY OF ATTENDANCE

• In 2021, state assemblies met for an average of 21 days and during this time, passed more than 500 Bills. The average is boosted by three states: Kerala (61), Odisha (43), and Karnataka (40) which met for 40 days or more.  17 states met for less than 20 days and of these, five met for less than 10 days.
• Between 2016 and 2021, 23 state assemblies met for an average of 25 days.  States which met for fewer days include Tripura (11), Punjab (14), Haryana (14), Uttarakhand (14), and Delhi (16).  A low number of sitting days impacts legislative scrutiny of Bills, budgets, and other issues.

LIMITED SCRUTINY OF BILLS  

• The Legislative Bills covered a variety of subjects such as regulating higher education, online gaming, religious conversions, and the preservation of cattle.
• Most of these Bills saw little legislative scrutiny.  About half of the Bills were passed within a day of their introduction.
• In 2021, 44% of Bills were passed within a day of their introduction in the legislature.  In eight states including Gujarat, West Bengal, Punjab, and Bihar, all Bills were passed on the same day as they were introduced.

ABSENCE OF DETAILED SCRUTINY OF LAWS

• In Parliament, Bills are often referred to Parliamentary Standing Committees for detailed examination. In most states, such committees are non-existent.
• In the absence of a robust committee system and fewer working days, state legislatures barely spend any time scrutinising legislative proposals brought before them.
• An Assembly may create ad hoc Select Committees for the specific purpose of examining a Bill.  However, at the state level, Committees are often the exception rather than the norm, and Bills are rarely examined by Committees.

DISCREPANCIES IN ATTENDANCE: ONLY BUDGET SESSION WITNESSES’ THE MAJORITY OF WORKING DAYS

• Article 174 of the Constitution states that the gap between one sitting of the Assembly and the next should not be more than six months. In most states, legislatures meet for two or three sessions in a year.
• This consists of a long budget session, which concludes by the end of March and then brief monsoon and winter sessions.
• In 2021, on average, 61% of the sittings were held during the budget session.  Some states like Rajasthan, Tripura, and Punjab held more than 70% of their total sittings during the budget session.  In Manipur, Mizoram, Gujarat, and Tamil Nadu, more than 80% of the total sittings were held during the budget session.

ROLE OF GOVERNOR: ANALYZING ASSENTS AND ORDINANCES

• In 2021, 75% of the Bills received the assent of the Governor within a month.  States, where the average time for Bills to receive assent was the shortest, include Meghalaya (four days) and Uttar Pradesh (six days).   States with comparatively longer time for assent are Jharkhand (80 days on average) and Tripura (63 days).
• Although swift assent is good for smooth law-making, recurring instances of such fast assents put the credibility of both the law and office of the Governor
• in some doubt.
• The Supreme Court has held that the Ordinance route for law-making should be used only under exceptional circumstances and should not substitute the law-making powers of the Legislature.
• In 2021, 21 out of 28 states promulgated Ordinances.  The Kerala government promulgated the highest number of Ordinances (144) followed by Andhra Pradesh (20) and Maharashtra (15).

ISSUE OF TRANSPARENCY

• Information and data on state legislatures is not easily available. While some state legislatures publish data on a regular basis, many do not have a systematic way of reporting legislative proceedings and business.
• Some states do not regularly update their websites or the National e Vidhan Application (a central initiative to collate information on all legislatures).  Data on the indicators chosen here was not available for all states/UTs.
• While some states such as Karnataka, Delhi and Rajasthan place the texts of legislative debates on their assembly websites, many such as Gujarat and West Bengal don’t.
• RTI replies from Gujrat State assembly officials said that there are no plans in the near future of uploading debates of the Gujarat Legislative Assembly proceedings on the website.

THE IMPLICATIONS OF POOR PERFORMANCE OF THE STATE LEGISLATURE

OVERLOOKING LOCAL ASPIRATIONS

• State legislatures make laws on subjects in the State List and the Concurrent List of the Constitution. These include subjects such as law and order, police, health, education, and land.
• Thus, more than the Parliament, the state legislatures hold a key position in making laws for people within the state premise. Hence, an ineffective or less productive state legislature means overlooking key local issues and aspirations.

LACK OF ACCOUNTABILITY

• Due to a loss in the number of active working days, there is limited scrutiny of state-level expenditure, fiscal devolution and decentralization of decision-making within states, or tracking functioning of state legislatures. This results in limited accountability while paving the way for further arbitrariness in law-making.
• By enforcing the collective responsibility of the Council of Ministers and the individual responsibility of the ministers, the assemblies ensure an accountable government and responsive administration. Through instruments like question hour, debates, motions, budgetary control, committee system etc., the assemblies act as the watchdog of citizens’ trust. Thus, the proper functioning of these deliberative institutions is vital for upholding the public interest and the rule of law.

THREAT TO FEDERALISM

• The state legislatures play a key role in Constitutional Amendments concerning one or more states (in the form of special majority requirements). Attenuating working days thus, signify that such bills won’t be scrutinized properly. This would ultimately hamper the federal spirit of the Constitution.

LOSS OF PUBLIC TRUST

• Unlike the Centre, where draft bills are often shared by ministries for public comments, the process of conceiving, deliberating and passing state laws is rather ambiguous. Furthermore, arbitrary promulgation of ordinances and lack of transparent house sessions further enhance this ambiguity in state legislatures.
• This may in the long term erode public trust in the legislative institutions. All states must practice inclusive policy-making.

VIOLATION OF CITIZENS’ RIGHT TO INFORMATION

• The information about the debates and other proceedings of the assemblies should ideally be found in the public domain, as mandated by Section 4 (1) (b) of RTI Act, 2005 on proactive public disclosure of government documents.
• Without timely access to this information, the citizens and the civil society cannot hold their representatives accountable which leads to arbitrariness and corruption in governance.

THE WAY FORWARD

FIXING TIME PERIOD

• The National Commission to Review the Working of the Constitution (NCRWC) had recommended setting a minimum period of sitting days for state legislatures.
• It had suggested that state legislatures with less than 70 members should meet for at least 50 days a year, while the rest should meet for at least 90 days.
• Article 174 needs to be amended to fix the minimum number of days assemblies must sit (in days) in a year. Also, the total control of the executive in calling the session and deciding the days of sittings needs revision.

FORMING COMMITTEES FOR SCRUTINY OF BILLS

• Committees help legislatures discuss Bills in detail and scrutinize their provisions closely.
• Committees also provide an opportunity to engage with sectoral experts and stakeholders which allows for wider participation in the law-making process.
• State Assemblies must create ad hoc Select Committees for the specific purpose of examining a Bill.

USING TECHNOLOGY

• The National e-Vidhan Application (NeVA) is a system for digitising the legislative bodies of all Indian states and the Parliament through a single platform on which house proceedings, starred/unstarred questions and answers, committee reports etc. will be available.
• Nagaland became the first state to implement NeVA.
• Thus, Nagaland becomes an example to be followed by other states so as to ensure the highest levels of transparency in legislative assemblies and councils.

LIVE TELECAST ALL PROCEEDINGS

• Lack of accountability to citizens emanates from the high degree of opacity of proceedings of state assemblies.
• Live telecasts of proceedings will ensure their performance is monitored by citizens in real-time, thereby improving the quality of legislation and debates on matters of public importance.

RTI DISCLOSURES

• Citizens should collectively demand mandatory disclosure of the text of legislative debates and questions on assembly websites by all states under the RTI Act, 2005.

BILINGUAL WEBSITES AND DOCUMENTS

• All government resolutions at the state level, including assembly websites, should be translated into English and be available along with the vernacular language of the state, to ensure more readability and hence more civic and media engagement with state policies and actions.

CASE STUDY: ENHANCING LAW MAKING – JOINT COMMITTEE REPORT ON THE MAHARASHTRA SHAKTI BILL

• The Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020 was introduced in the Maharashtra Legislative assembly on December 14, 2020. It was referred to a Joint Committee of both Houses on the same day. The Committee presented its report on December 22, 2021.
• The Bill amends the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Protection of Children from Sexual Offences Act, 2012 in their application to Maharashtra. Key features of the Bill and related recommendations of the Committee include:

1)  Enhanced punishment: The Bill mandated the death penalty for certain offences against women and children, such as rape. It also enhanced the punishment for certain offences such as throwing acid and providing false information against a person to humiliate, extort, threaten, defame, or harass them. Making false complaints was punishable with imprisonment for a maximum of one year.

§  Improvements: The Committee recommended increasing the term of imprisonment to a minimum of one and a maximum of three years. The Bill passed by the Assembly included this change.

2) Timelines: The Bill proposed a short timeline for the completion of the investigation, trial, and disposal of appeal for certain offences. The investigation was to be completed within 15 days (extendable by seven days).

§  Improvements: The Committee observed that this short period may affect the merits of the investigation. It recommended increasing this period to 30 days, extendable by a further 30 days. This recommendation was incorporated in the Bill when it was passed.

THE CONCLUSION: Legislatures are arenas for debate and giving voice to public opinion. As accountability institutions, they are responsible for asking tough questions of the government and highlighting uncomfortable truths. So, lesser sittings of the legislature lead to bypassing of crucial debates and scrutiny. Lesser number of sitting days also means that state governments are free to make laws through ordinances. And when they convene legislatures, there is little time for MLAs to scrutinize laws brought before them. Such work culture cannot become the basis of smooth functioning democracy. There needs to be greater accountability and responsibility amongst legislators for the importance of the public office they are holding.

QUESTIONS TO PONDER

• Critically analyse the working of the state legislatures in India. According to you, what steps need to be taken to enhance the productivity of the state legislatures?
• Reforming the functioning of legislative assemblies at the state level is a must for realizing the goal of an accountable administration. Substantiate with relevant examples.
• “Engaging sectoral experts and stakeholders allow for wider participation in the law-making process.” In the light of the statement, discuss the need for establishing select committees at the level of state legislatures.

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THE INDIAN POLITY AND GOVERNANCE

1. ASSAM RECORDS MOST VIOLENT CRIMES: NCRB

THE CONTEXT: For the fifth consecutive year, Assam recorded the highest rate of crimes against women in 2021, according to the National Crime Record Bureau’s “Crime in India” report for last year.

THE EXPLANATION:

REPORT HIGHLIGHTS:

• The statistics also showed that Assam has maintained the trend of recording an increase in such crimes after a dip in the previous year.
• “But the crime rate of 76.6 cases per one lakh population – a little more than the 73.7 cases in 2020 – does not give the complete picture,” Assam police officers said.
• They attributed the figure to the high reporting and registration of cases, especially in crimes against women.
• The report places UP on top (56,083) in terms of actual number of cases registered in 2021, although the rate is lesser at 50.5 per cent. The other states that recorded the highest number of crimes against women include Rajasthan, Maharashtra, West Bengal and Odisha.
• Nagaland stood out with the lowest number of crimes against women registered in the past three years — 43 in 2019, 39 in 2020 and 54 in 2021. It also had the lowest crime rate against women for 2021 at 5.5 per cent.
• Among Union Territories, Delhi had the highest rate of crime against women in 2021 at 147.6 per cent. It also topped in absolute numbers of cases registered, recording an increase over the past three years from 13,395 in 2019 to 14,277 in 2021.
• The NCRB also collates data for crime against women in 19 cities across the country with a population of over 2 million.
• Among these cities, the 2021 data shows that Jaipur had the highest rate at over 194 per cent, followed by Delhi, Indore and Lucknow. Chennai and Coimbatore — both in Tamil Nadu — had the lowest rate.
• Cases of “murder with gangrape/rape”, for which the NCRB has maintained records since 2017, have remained steady — 284 cases in 2021, the same as in 2019. In 2020, there were 218 such incidents. The highest number of cases under the category were registered in 2018 with 291.
• The highest number of such cases took place last year in UP with 48, followed closely by Assam with 46. Bihar, Arunachal Pradesh, Goa, Himachal Pradesh, Manipur, Mizoram, Nagaland and Uttarakhand did not register any cases under this category last year.
• According to NCRB data, rape-murders make up less than 1 per cent of the total rapes in the country annually. In these cases, the NCRB data between 2017-2021 shows that UP, Assam, Madhya Pradesh and Maharashtra had the highest number of cases in the country annually for rape-murders for the period of 2017-2020.
• Over 28,000 women were abducted last year to be “compelled into marriage’’, including 12,000 minors, with the highest number recorded in UP (8,599) followed by Bihar (6,589), the NCRB report shows.
• Only 507 cases were registered in the country under the Domestic Violence Act in 2021 — 0.1 per cent of the total cases of crime against women. The highest number of cases (270) were filed in Kerala. Meanwhile, 6,589 cases of dowry deaths were registered last year with the highest number of such deaths registered in UP and Bihar.

VALUE ADDITION:

About NCRB:

• In 1986 (based on recommendations of the Tandon Committee, MHA Taskforce and National Police Commission (1977))
• It acts under the Ministry of Home Affairs and functions as a repository of information on crime and criminals so as to assist the investigators in linking crime to the perpetrators.
• NCRB looks after CCTNS (Crime and Criminal Tracking Network and Systems) and Central Finger Print Bureau
• It released reports: Crimes in India, Prison Statistics in India and Accidental Deaths and Suicides in India.

2. JOURNALISTS, ACTIVISTS CONTINUE TO BE TARGETED IN J&K: AMNESTY

THE CONTEXT: Recently, Amnesty International said it had recorded at least 60 instances of crackdowns on journalists and human rights defenders in Jammu and Kashmir since the revocation of special status of the erstwhile State in August 2019.

THE EXPLANATION:

• In a report titled, We are being punished by the law: Three years since of abrogation of Article 370 in Jammu & Kashmir, Amnesty documented interrogations, travel bans and detentions of journalists and human rights defenders.
• “For three years now, civil society and media in Jammu and Kashmir have been subjected to a vicious crackdown by the Indian government, which is determined to stifle dissent using draconian laws, policies and unlawful practices in their arsenal,” said Aakar Patel, the chair of the board of Amnesty International India.

• Amnesty said it had found that at least six persons, including journalists, human rights activists and academics, had been prevented from travelling abroad despite having the requisite documents. At least 27 journalists had been detained and arrested since August 5, 2019.
• “Journalists including Fahad Shah, Aasif Sultan and Sajad Gul have been subjected to ‘revolving door’ arrests. In a continuing pattern, they have been arrested under one law, granted bail by the court, and then re-arrested almost immediately under the Unlawful Activities (Prevention) Act (UAPA) – India’s primary anti-terror law in Jammu & Kashmir, keeping them perpetually detained”.
• The report reviewed 1,346 cases on the website of the Jammu and Kashmir High Court and found that by August 1, 2022, the number of writ petitions had increased by 32%, which it said indicated an increase in unlawful detention. “Amnesty International also reviewed the data published by National Crime Record Bureau and found that there has been a 12% increase in the use of UAPA in Jammu & Kashmir since 2019”.

VALUE ADDITION:

About the Unlawful Activities (Prevention) Act:

• Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has death penalty and life imprisonment as highest punishments.
• Under UAPA, both Indian and foreign nationals can be charged.
• It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

As per amendments of 2019:

• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
• It also included the provision of designating an individual as a terrorist.

THE INDIAN AGRICULTURE

3. PADDY CULTIVATION SEES DECLINE

THE CONTEXT: According to the data released by the Union Agriculture Ministry, there is a decrease in the area of paddy cultivation is 22.90 lakh hectares, 5.62% less than the area covered in 2021.

THE EXPLANATION:

• The trend of decrease in paddy sowing has continued even as the monsoon season in north India is in its last legs.
• As of now, paddy has been cultivated in 383.99 lakh hectares of area and in the corresponding period of last year, it was 406.89 lakh hectares.
• States such as Jharkhand (decrease of 9.80 lakh hectares), Madhya Pradesh (6.32 lakh hectares), West Bengal (4.45 lakh hectares), Chhattisgarh (3.91 lakh hectares), Uttar Pradesh (2.61 lakh hectares) and Bihar (2.18 lakh hectares) are the major contributors for the decrease in the cultivated area of paddy in this kharif season.
• Meanwhile, States such as Telangana (increase of 4.71 lakh hectares), Haryana (0.94 lakh hectares), Nagaland (0.78 lakh hectares) and Gujarat (0.55 lakh hectares) showed an increase in the area of cultivation of paddy.
• Farmers’ organisations have been maintaining that the higher input cost, particularly the increase in prices of fertilizers, is the main reason for the decrease in paddy cultivation apart from scarcity of water. The government is hopeful about a normal monsoon this year.

Cultivation of pulses

• The coverage of pulses too witnessed a marginal decrease. In this kharif season, the cultivation so far is in 129.55 lakh hectares compared to 135.46 lakh hectares in 2021. Increase in area in cultivation is reported from States such as Madhya Pradesh (4.08 lakh hectares), Uttar Pradesh (0.22 lakh hectares) and Assam (0.11 lakh hectares) while Maharashtra (decrease of 3.23 lakh hectares), Telangana (1.70 lakh hectares), Jharkhand (1.33 lakh hectares) and Karnataka (0.94 lakh hectares).
• Tur/arhar cultivation was down marginally at 44.86 lakh hectares as against 47.56 lakh hectares in 2021.
• Oilseeds have been cultivated in 188.51 lakh hectares in the country, slightly less than 189.66 lakh hectares of 2021. In the case of sugarcane, the cultivation is 55.65 lakh hectares, a slight increase in the production as compared to 54.70 lakh hectares in 2021 kharif.

THE SECURITY AFFAIRS

4. VIKRANT IS A REFLECTION OF SELF-RELIANT INDIA, SAYS PRIME MINISTER

THE CONTEXT: The nation’s first Indigenous Aircraft Carrier (IAC-1) is set to be commissioned soon in the presence of Prime Minister of India.

THE EXPLANATION:

What is the aircraft carrier INS Vikrant?

• The INS Vikrant – the 44,000-tonne indigenous aircraft carrier (IAC) – is the first to be designed and constructed in India.
• After its induction, the warship will be a key component of the Indian Navy’s push to establish itself as a “blue water” force, one with the ability to project its power on distant seas.

Features:

• The Vikrant stretches 262 metres in length, exceeding that of two football fields and is 62 metre wide. Around 20 aircraft can be parked in the hangar.
• It has a top speed of around 28 knots (more than 50 kmph) and a cruising speed of 18 knots with an endurance of about 7,500 nautical miles.
• Over 76 per cent of the material and equipment on board the carrier is indigenous, including 21,500 tonnes of special grade steel developed indigenously and used in Indian naval ships for the first time.
• This is the first time in the country that a ship of the size of an aircraft carrier is completely modelled in 3D and production drawings extracted from the 3D model.
• The Made-in-India warship is a feather in the country’s cap, as only five or six nations have the capacity of building an aircraft carrier.

It will be carrying:

• the Russian-made MiG-29K fighter jet,
• Kamov-31 early warning helicopters,
• the indigenously manufactured Advanced Light Helicopters and
• the MH-60R multirole helicopter made by the American defence major Lockheed Martin.

Why is it named Vikrant?

• INS Vikrant was India’s first aircraft carrier, which it acquired from the United Kingdom in 1961.
• It played a key role in the 1971 war with Pakistan which led to the creation of Bangladesh. It was decommissioned in 1997.
• Now India’s first homemade aircraft carrier will carry the name of her illustrious predecessor.

Other aircraft carriers:

• The Indian Navy has only one operational aircraft carrier at present – the INS Vikramaditya.
• The country’s two earlier carriers, INS Vikrant and INS Viraat, were originally the British-built HMS Hercules and HMS Hermes before being commissioned into the Navy in 1961 and 1987 respectively.

The commissioning of the warship, which will be christened ‘Vikrant’, will mark a “historical milestone of realisation of Nation’s commitment towards AatmaNirbharta” (self-reliance).

THE GOVERNMENT SCHEMES IN NEWS

5. MEGHALAYA: RURAL BACKYARD PIGGERY SCHEME

THE CONTEXT: Recently, Meghalaya Chief Minister launched an ambitious flagship program – “Rural Backyard Piggery Scheme” for farmers under National Livestock Mission at Byrnihat in Ri-Bhoi district of Meghalaya.

THE EXPLANATION:

• The objective of this scheme is to ensure that farmers earn a sustainable livelihood through various animal husbandry activities.
• Meghalaya receives 18,000 metric tonnes of pork from various states and there is acute shortage in supply and demand, the state is planning to bridge the supply shortfall through pig farming scheme.
• Under the Phase 1 of this scheme the government has earmarked Rs 15.18 crore, under which four high yielding improved varieties of pigs will be distributed to 6000 families and an additional Rs 25 crore will be earmarked for starting the second phase of the programme.

Meghalaya Piggery Mission

• The scheme launched on 10th August in Samanda block of East Garo Hills district has received good response and appreciation from the farmers.
• Under this scheme 4 pigs, 3 female and 1 male piglets will be distributed to the farmers to promote pig breeding to provide regular income to the farmers. This livestock package is Rs 25,000 per beneficiary.
• The scheme is envisaged to benefit 6000 poor and marginal farmers and increase the production of pork in the state.

National Livestock Mission

• National Livestock Mission is an initiative of the Ministry of Agriculture and Farmers Welfare launched in 2014-15. The objective of this mission is to ensure quantitative and qualitative improvement in livestock production systems and capacity building of all stakeholders of livestock economy.

6. RAJASTHAN HANDICRAFTS POLICY-2022

THE CONTEXT: The Rajasthan cabinet has recently approved the “Rajasthan Handicrafts Policy-2022”. Through this policy, work will be done for the upliftment of handicrafts in the state and participation in the development of the state will be ensured by empowering them.

THE EXPLANATION:

• With this policy, new employment opportunities will increase in the state. Along with this, the extinct handicrafts will be revived.
• Under this, a national level handicrafts week will be organized every year in December, in which handicrafts men will be rewarded.
• At the same time, e-marketing, social security, loan facility, scholarship, assistance for participation in fairs, expansion of infrastructure facilities in Shilp Gram, Handicraft Park, Museum, Design Center, Sales Center for brand building of handicrafts.
• There will be many important works like support, design bank establishment. The government will also create an online platform to help artisans sell their products.
• Provision will be made by government departments to buy products up to Rs 10 lakh from registered artisans through e-market without tender.
• A Handicraft Design Center will also be set up in Jodhpur to study the techniques and designs used in other states and countries so as to promote new techniques or processes for the products in the state. This center will be set up as a ‘Centre of Excellence’.

THE PRELIMS PERSPECTIVE

7. VOSTOK MILITARY EXERCISE

THE CONTEXT: Recently, a contingent of soldiers from 7/8 Gorkha Rifles of the Indian Army arrived in Russia to participate in the multilateral tactical and command exercise Vostok – 2022 to be held from 1-7 September 2022.

THE EXPLANATION:

Important Facts about Vostok 2022

• In this exercise more than 50 thousand soldiers from India, China, Laos, Mongolia, Nicaragua, Syria and former Soviet countries will participate.
• The seven-day exercise comprises land, air and sea components. However, India has decided to stay away from the maritime component.
• There will be joint exercises of both attack and defense during this exercise.  More than five thousand types of weapons will be used in this exercise. It will have 140 fighter aircraft, 60 warships, gunboats and allied ships.
• The one-week-long exercise has been organized under the auspices of Russia’s Eastern Military District (Theater Command) and Pacific-Fleet in Vladivostok.
• Vladivostok is located in the far east of Russia on the Sea of ​​Japan. In such a situation, Japan has expressed its opposition to this military exercise.
• At the same time, America has also expressed its concern about each country participating in this military exercise, because Russia is fighting a barbaric war in Ukraine. The US has said that any country’s military exercises with Russia are a matter of concern.

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(Newspapers, PIB and other important sources)

Prelim and Main

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2. In a Surprise, Russia Says the Gas Pipeline to Germany Will Remain Closed READ MORE
3. Special maternity leave in case of infant death READ MORE
4. Indigenous vaccine against lumpy skin disease to hit markets soon, says ICAR READ MORE
5. Naval muscle and seal of Chhatrapati Shivaji, inspiring Indian Navy READ MORE
6. Polio to Covid-19: What accounts for India’s vaccination success story? READ MORE
7. African Swine Fever hits ICAR centre in Assam, state govt’s farm; 292 pigs culled READ MORE
8. International Vulture Awareness Day: India’s numbers increasing, albeit slowly READ MORE
9. India overtakes UK to become fifth-largest economy READ MORE

Main Exam

GS Paper- 1

1. Where is freedom of movement for disabled people? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Stop farmer suicide now READ MORE
2. Why plea on ‘reservation for Dalit Christians’ is a dangerous and divisive move READ MORE
3. One state’s freebie can be another state’s welfare READ MORE
4. An Assault on Democracy: The onslaught against freebies is yet another attempt to disempower the poor. READ MORE
5. New Facts, Constitutional Vision: Agricultural Federalism READ MORE

SOCIAL ISSUES

1. CRS: Bridging the communication gap READ MORE

INTERNATIONAL ISSUES

1. Political expediency rules terror listing in UNSC READ MORE
2. The NPT is beginning to look shaky: Sustaining it requires facing up to today’s political realities such as the growing rivalries in a multipolar nuclear world READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Economy remains under Covid shadow. 6% growth will be a big achievement for India READ MORE
2. FDI, GDP and Regional Disparity READ MORE

ENVIRONMENT AND ECOLOGY

1. To Be a Vulture in India Is Still To Be Constantly Threatened READ MORE
2. What Europe saw this summer may just become the norm by 2035, hints study READ MORE

SECURITY

1. India’s cyber infrastructure needs more than patches: With cybercrime on the rise, the central and State governments need to work in tandem READ MORE

DISASTER MANAGEMENT

1. Community radio helps fight disasters READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Spiritual journey will begin in knowing yourself READ MORE
2. Free speech is not a licence to kill READ MORE

Questions for the MAIN exam

1. To realize federalism in the true sense, India needs a centre-state cooperative approach, not rivalry in every field, including agriculture. Analyze the statement.
2. How far do you agree with this view that the New Criminal Identification Act will Create a Surveillance State? Analyse your view.

QUOTATIONS AND CAPTIONS

• A good leader leads the people from above them. A great leader leads the people from within them.
• The onslaught against freebies is yet another attempt to disempower the poor.
• By trying to restrict pro-poor election promises labelled freebies, the Prime Minister is clearly trying to hobble the opposition from mobilising the disempowered against his pro-business government.
• World must mitigate and adapt to the climate crisis along three axes: reduce, remove and repair.
• Reservation to Dalit Christians will usurp privileges guaranteed to a section of the Hindu society. The Supreme Court should thwart this dangerous and divisive move.
• Community radio has emerged as an effective tool of social change across the world. India is no different but needs robust policy planning.
• ‘Reforms’ and ‘performance’ are among the most commonly used terms by the powers that be. And these are vital in India’s fuel supply versus electricity generation debate.
• With ‘police’ and ‘public order’ being in the State List, the primary obligation to check crime and create the necessary cyberinfrastructure lies with States.
• Developments in space and cyber domains are blurring the line between conventional and nuclear weapons, leading to nuclear entanglement and rendering command and control systems vulnerable.

50-WORD TALK

• Good that SC granted Teesta Setalvad bail. Its rebuke of Gujarat HC’s procrastination is well-deserved. We must also ask why the SC had nudged the police to take away the liberty of Setalvad and others. It gave the arrest moral legitimacy. This low point in India’s judicial history deserves introspection.
• The commissioning of INS Vikrant is a moment of national pride—but also time to debate India’s naval strategy. Large carriers were twentieth century superpower status-symbols, meant for global power-projection. Facing next-generation precision weapons, navies are pivoting to stealthier, smarter platforms. Future wars will be won by technology—not tonnage.

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: An appeal against the video survey of Varanasi’s Gyanvapi mosque has resurfaced the debate surrounding the Places of Worship Act, 1991. The issue has yet again resurrected the debate related to the credibility of religious institutions and infrastructures and their position in secular India.In this article, we analyse how the Places of Worship Act secures the secular nature of our democracy from the UPSC perspective.

THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991

The act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto.

• It extends to the whole of India except the State of Jammu and Kashmir.
• The provisions of sections 3, 6 and 8 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 11th day of July 1991.
• “Place of worship” means a temple, mosque, gurudwara, church, monastery or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called.

Key Provisions:

• Section 3: No person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof.
• Section 4:

o   Section 4(1): declares that the religious character of a place of worship “shall continue to be the same as it existed” on August 15, 1947.

o   Section 4(2):It declares that all litigation, appeals, or other proceedings ongoing before any court or authority on August 15, 1947, involving converting the status of a place of worship, will cease as soon as the law takes effect. There will be no more legal action taken.

Key Exceptions:

• Section 5:The Act also does not apply to the place of worship commonly referred to as Ram Janmabhoomi-Babri Masjid in Ayodhya. This law will have an overriding effect over any other law in force.
• Ancient and historical monuments and archaeological sites and remains that are covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 are beyond its purview.

RESURGENCE OF THE PLACES OF WORSHIP ACT, 1991

CONTEXT

GENESIS OF GYANVAPI MOSQUE

DEVELOPMENTS/EXPLANATIONS

• Gyanvapi mosque is located in Varanasi, Uttar Pradesh. It is a stone’s throw away from the Kashi Vishwanath temple, built in 1780 by Ahilyabai Holkar, the Queen of Indore.
• Kashi Vishwanath is a prominent temple dedicated to the Hindu deity Shiva. Recent petitions claim that the Gyanvapi mosque lies on the remains of the ‘original’ Kashi Vishwanath temple.
• Under the reign of Mughal Emperor Akbar, priest Narayan Bhatta rebuilt the Vishweshwara temple in the 16th century. It is believed that in the late 17th century, around 1669, the temple was once again razed on the orders of Mughal Emperor Aurangzeb.

EMERGENCE OF THE GYANVAPI CONUNDRUM

THE CASE OF FLOUTING ORDERS OF A SUPERIOR COURT

• In December 2019, barely a month after the Ayodhya verdict, a fresh petition was filed at a Varanasi Civil Court seeking an archaeological assessment of the Gyanvapi mosque’s origins.
• In 2020, the 1991 petitioners approached the Civil Court in Varanasi to hear the original petition again.The proceedings were stayed by the Allahabad High Court in February 2020, it reserved Judgement on the matter in March 2020.
• Then, despite the stay, the matter was reopened by a Varanasi Civil Court in April 2021, Fast Track Court Civil Judge (Senior Division) Ashutosh Tiwari ordered an Archaeological Survey of India investigation into the mosque’s origins.
• Allahabad High Court came down heavily on the Civil Court for proceeding despite the High Court reserving Judgment on the matter.

CLAIMS AND CONCERNS OF THE HINDU SECT

• Within Holkar’s, Kashi Vishwanath temple is a statue of Nandi, the sacred bull companion of the Hindu deity Shiva. Typically, in Hindu temples, the Nandi statue faces the shiv lingam, a cylindrical monolith representing Shiva.
• In this case, it faces the Gyanvapi mosque bolstering Hindu claims that a Vishweshwara temple once stood in its place and that a shiv lingam is hidden within the mosque’s premises.
• This led to petitions filed by Hindus from 1991 to 2022 requesting permission to pray within its premises. Informal video surveys further identify the Hindu features and motifs that are part of its masonry and structure.

CLAIMS AND CONCERNS OF THE MUSLIM SECT

• Proponents of the Islamic sect suggest that what matters in law is the status of the Gyanvapi mosque on August 15, 1947.
• Its status as a mosque and a waqf were noted by a judgment of the Allahabad high court (AIR 1942 Allahabad 353, Din Mohammed and Others. vs Secretary of State).
• Also, any change in the status of the mosque will amount to flouting of law under the Places of Worship Act, 1991.
• By conducting such investigations into religious sites, the courts have, like they did in the case of Babri Masjid, legitimized the values of an anti-modern polity. They have acted against the values that they are supposed to uphold. Courts cannot be acting on claims of mythology or those of medieval capture.

THE PLACES OF WORSHIP ACT, 1991: COMPARISON OF ARGUMENTS

PROPONENTS OF THE HINDU SHIVA TEMPLE

• Petitioners argue that the law is impotent for delivering justice against the barbarism inflicted on religious institutions, culture and architecture before independence.
• Proponents of this group argue that the demolition of a temple’s structure and subsequent offerings of namaaz did not change the character of land where once a temple stood.
• It is a historical fact that in 1192 the invader Mohammad Ghori after defeating Prithviraj Chauhan established Islamic rule in India and foreign rule continued up to August 15, 1947, thereafter.
• Therefore, any cutoff date in the Places of Worship Act, 1991, could be the date on which India was conquered by Gori and the religious places of Hindus, Jains, Buddhists, and Sikhs, as were existing in 1192, have to be restored with the same glory.

PROPONENTS OF GYANVAPI MOSQUE

• The Muslim bodies, such as the Jamiat Ulama-i-Hind, have countered that a dent in the Places of Worship Act, of 1991 would be the first blow to the secular fabric.
• The Muslim body stressed that the Ayodhya verdict, which upheld the Places of Worship Act, had noted that “historical wrongs cannot be remedied by people taking the law into their own hands”.
• Thus, the status of the Mosque should be preserved as it is presented so as to avoid public upsurges in the name of religion.
• The philosophical and practical understanding of the Places of Worship Act 1991, suggests that the nature of our architectural sites in present times cannot be entertaining mythology or medieval warfare.
• By ordering a survey of the Gyanvapi Mosque, the courts have done exactly the opposite of this inherent idea of the Places of Worship Act 1991.

VIEWS OF THE SUPREME COURT ON ‘PLACES OF WORSHIP ACT, 1991

• In the Ayodhya judgment, the Supreme court categorically held that the law cannot be used as a device to reach back in time and provide a legal remedy to every person who disagrees with the course that history has taken.
• The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.
• The law (Places of Worship Act, 1991) is a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.
• Under the 1991 Act, the Supreme court views that one cannot change a mosque or a church into a Hindu temple, or vice-versa; however, there’s nothing to stop one from trying to find out whether a building is a mosque or a church or a temple.
• Justice Chandrachud is of the opinion that the ascertainment of the religious character of a place as a procedural instrument may not necessarily fall foul of the provisions of Sections 3 and 4 of the Act of 1991.
• The State has by enacting the law, enforced a constitutional commitment and operationalized its constitutional obligations to uphold the equality of all religions and secularism, which is a part of the basic features of the Constitution.

THE GROUNDS FOR THE CHALLENGING PLACES OF WORSHIP ACT, 1991

Along with other petitions in line, BJP’s Rajya Sabha MP from UP, Harnath Singh Yadav, has submitted a private member’s bill with the Rajya Sabha secretariat seeking to repeal The Places of Worship (Special Provisions) Act, 1991.

It is argued by the ruling party that the 1991 Act not only violates fundamental rights such as the right to equality and the right to life but also infringes on citizen’s constitutionally guaranteed right to religious freedom in the following manner:

PROVISIONS OF THE ACT BEING CHALLENGED

• Section 3 of the Act criminalises ‘conversion’ of a place of worship for one religion or sect into another.
• Section 4 bars filing any suit or initiating any other legal proceeding for the conversion of the religious character of any place of worship, as existing on August 15, 1947.
• Various petitions contend that the choice of date adversely impacts Hindus, Sikhs, Jains and Buddhists. From 1192 onwards, Muslims and the British ruled India and destroyed temples.
• Section 5 of the Act excludes its application to the site known as ‘Ram Janam Bhumi’ or ‘Babri Masjid’.
• It also bars Courts from determining whether any place of worship has been converted after August 15th 1947.

ISSUES WITH RIGHTS & EXCLUSIONS

• Freezing the date in 1947, does not allow these communities to restore their places of worship. This violates Articles 14 and 15 which guarantee equality, and the right to religious freedoms under Articles 25, 26 and 29.
• It offends the right of Hindus, Jains, Buddhists, and Sikhs to pray, profess, practice and prorogate religion (Article 25).
• The Act infringes on the rights of Hindus, Jains, Buddhists, and Sikhs to manage, maintain and administer the places of worship and pilgrimage (Article 26)
• The Act further deprives Hindus, Jains, Buddhists, and Sikhs to take back their places of worship and pilgrimage connected with their cultural heritage (Article 29)
• Sections 3 and 4 of the Act have virtually taken away the right to approach the Court and thus the Right to Judicial Remedy (Article 32) has been closed.
• Some petitioners have argued that ‘Hindus’ are fighting for the restoration of the birthplace of Lord Krishna for hundreds of years with peaceful public agitation, but by enacting the Act, the Centre has excluded the birthplace of Lord Ram at Ayodhya but not the birthplace of Lord Krishna in Mathura, though both are the incarnations of Lord Vishnu- the creator.
• Thus, the exclusion of the birthplace of Lord Krishna in Mathura becomes a challenge in the act.
• Thus, the Act bars judicial review which is a basic structure of the Constitution and cannot be taken away. It also violates the principle of secularism which is a basic feature (Article 13).

WHY PLACES OF WORSHIP ACT, OF 1991 IS FOUNDATION OF SECULAR DEMOCRACY?

The inherent purpose of the Places of Worship Act, of 1991, was the preservation of the religious character of places of public worship at India’s independence. For a complex democracy like ours, it becomes an imperative to ensure the healing of injustices of the past by providing the confidence to every religious community that their places of worship will be preserved and that their character will not be altered.It is necessary to adopt such a law in view of the controversies arising from time to time with regard to the conversion of places of worship which tend to vitiate the communal atmosphere.

Keeping the above-mentioned aspects in mind, the Parliament must retain the Places of Worship Act without amending or repealing it.

THE WAY FORWARD

• In the Ayodhya judgment, the court had categorically held that the law cannot be used as a device to reach back in time and provide a legal remedy to every person who disagrees with the course that history has taken. The courts of today cannot take cognisance of historical rights and wrongs.
• The Supreme Court has reiterated the principle of non-retrogression in a number of cases. The non-retrogression principle holds that government may extend protection beyond what the Constitution requires, but it cannot retreat from that extension once made.
• The doctrine of non-retrogression sets forth that the State should not take measures or steps that deliberately lead to retrogression (or deterioration) on the enjoyment of rights either under the Constitution or otherwise. For example,

o   In Navtej Singh Johar’s judgment in 2018, the court held that there is no place for retreat in a progressive society. Therefore, the state should not take steps that deliberately lead to retrogression(deterioration) on the enjoyment of rights either under the Constitution or otherwise”.

o   In Babri Masjid’s verdict in 2019, it was mentioned that non-retrogression “is a foundational feature of the fundamental constitutional principles of which secularism is a core component”.

o   The Places of Worship Act is thus ‘a legislative intervention which preserves non-retrogression as an essential feature of our secular values.

• The historical wrongs cannot be remedied by people taking the law into their own hands. Through the Places of Worship Act, Parliament has mandated that historical wrongs shall not be used as instruments to oppress the present and the future. Thus, the act must hold its true nature for the times to come.

THE CONCLUSION: It is an established fact that hinging our energies on the past creates panic and loss of personal peace. For any given instance in the past, present laws or rules shouldn’t be promoting communal hatred. Thus, there needs to be peaceful dispute resolution. Despite precedents that speak otherwise, the higher courts must maintain the status quo. The architecture of today shouldn’t be defined by an arbitrarily chosen portion of its history. Such petitions need to be rejected in the interest of harmony and peace both in present times and in the times to come.

QUESTIONS TO PONDER

• “The Parliament, by means of the Places of Worship (Special Provisions) Act, 1991, has fulfilled its constitutional obligations to uphold the idea of secularism and equality of all religions.” Examine critically.
• “Places of Worship (Special Provisions) Act, 1991 is consciously infringing several Fundamental Rights.” Do you agree? Explain with suitable examples.

1. Can civil servants express their views on law, governance? READ MORE
2. Memories & Imagination READ MORE

1. La Nina’s rare ‘triple dip’ likely to affect weather patterns globally READ MORE
2. Greenhouse gas, sea levels reached record highs in 2021: NOAA Report READ MORE
3. Climate Change for Us READ MORE
4. Live storage in India’s reservoirs increases by 1% READ MORE

1. A revert to the mean: Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic READ MORE
2. Debate: Care Work Support is Essential to Bring Women into Paid Work READ MORE
3. How the rural employment guarantee scheme is a double-edged sword for women READ MORE   

1. Set up an independent body to dissect poll promises READ MORE
2. Towering corruption: Time to punish guilty READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. To China’s fury, UN accuses Beijing of Uyghur rights abuses READ MORE
2. New PMO project gets green clearance READ MORE
3. Vostok-2022 commences in Russia with India, China participating READ MORE
4. Tech innovations for accessibility awarded READ MORE
5. IMF-Sri Lanka reach staff level agreement, Fund provisionally agrees on $2.9 billion loan READ MORE
6. What’s on the menu for India’s most endangered canid? READ MORE
7. La Nina’s rare ‘triple dip’ likely to affect weather patterns globally READ MORE
8. Greenhouse gas, sea levels reached record highs in 2021: NOAA Report READ MORE

Main Exam

GS Paper- 1

1. A revert to the mean: Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic READ MORE
2. Debate: Care Work Support is Essential to Bring Women into Paid Work READ MORE
3. How the rural employment guarantee scheme is a double-edged sword for women READ MORE   

GS Paper- 2

POLITY AND GOVERNANCE

1. Set up an independent body to dissect poll promises READ MORE
2. Towering corruption: Time to punish guilty READ MORE

SOCIAL ISSUES

1. NCRB data shows COVID-19 pandemic made children more vulnerable to crime READ MORE

INTERNATIONAL ISSUES

1. The big-picture takeaways from China’s Taiwan drills: The PLA has still to cover some gaps before it gains the confidence and warfare proficiency in any planned invasion READ MORE
2. INDIA MUST DEVELOP A NARRATIVE FOR WORLD READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. On freebies: We are asking the wrong questions READ MORE
2. Slow improvement: Fiscal authorities should spur consumption and investment to aid faster recovery READ MORE
3. Gati Shakti will ramp up logistics efficiency READ MORE
4. What is the state of the Indian economy today? READ MORE
5. Sole emphasis on GDP growth is misguided policy READ MORE

ENVIRONMENT AND ECOLOGY

1. Climate Change for Us READ MORE
2. Live storage in India’s reservoirs increases by 1% READ MORE

DISASTER MANAGEMENT

1. Community radio helps fight disasters READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Can civil servants express their views on law, governance? READ MORE
2. Memories & Imagination READ MORE

Questions for the MAIN exam

1. ‘Some Indian states, heavily burdened with high fiscal deficit and debt levels, have performing better on developmental outcomes’. In the light of the statement discuss whether the states should be allowed to make their own decisions on welfare and freebies?
2. How far do you agree with this view that the New Criminal Identification Act will Create a Surveillance State? Analyse your view.

QUOTATIONS AND CAPTIONS

• Where there is an open mind, there will always be a frontier.
• Fiscal authorities should spur consumption and investment to aid faster recovery.
• The PLA has still to cover some gaps before it gains the confidence and warfare proficiency in any planned invasion.
• Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic.
• Maintaining momentum next year could be more challenging, with global growth slowing and lagged impact of monetary tightening in economy.
• It aims to seamlessly integrate data and logistics projects across the nation, to achieve greater global competitiveness.
• It is not extremely divergent from India’s stated targets at multilateral forums. It can always tweak the priority areas to make them more relevant for the evolving geopolitical order.
• Animal and climate justice groups pointed out that almost 60 per cent of the menu at the Conference was made up of high-carbon, meat and dairy products.
• While demand-side changes, such as the creation of job opportunities, are certainly needed to increase female participation in the labour force, there is an equivalent need to share the care work burden that is disproportionately thrust on women.

 50-WORD TALK

• Even though the IMF’s agreed to bail out economically-devastated Sri Lanka, the country’s far from safe harbour. The IMF requires that foreign creditors agree to restructure Lanka’s debts. Big-lender China, though, is reluctant to share the burden. The IMF’s also demanded tough fiscal and policy reforms. Testing times lie ahead.
• The path of zero growth and degrowth is more valid for highly industrialised countries which have gone through overgrowth, leading to global environmental degradation. The developing countries still need some growth to meet the basic needs of millions of its poor people, but that growth must be environmentally informed and equitable in nature. Sustainable and equitable development must replace the prevalent obsession with maximising economic growth.

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 HEALTH ISSUES

1. INDIA’S FIRST INDIGENOUSLY DEVELOPED QHPV AGAINST CERVICAL CANCER

THE CONTEXT: Recently Serum Institute of India (SII) and Department of Biotechnology (DBT) launched indigenously developed quadrivalent Human Papilloma Virus (HPV) vaccine for prevention of cervical cancer.
THE EXPLANATION:
• The Drug Controller General of India (DCGI) last month granted market authorization to Serum Institute of India (SII) for the production of this indigenously developed vaccine against cervical cancer.
• It will be the first Quadrivalent Human Papillomavirus vaccine (qHPV) in India, to prevent cervical cancer.
• After the launch of this vaccine, the government will soon run a national immunization program for girls in the age group of 9-14 years.
• In 85 percent to 90 percent of cervical cancer cases, it has been seen that the cancer used to grow in the absence of a vaccine, but now it will not happen. If we give this vaccine to young children and daughters in advance, then they will be safe from infection and it is possible that they may not get cervical cancer after 30 years.
Cervical cancer in India
Cervical cancer is the second most common cancers among women in India, even though it is preventable. This cancer is commonly diagnosed among women aged 15 to 44 years of age. According to Globocan 2020, cervical cancer stood at 9.4% of all cancers and 18.3% of new cancer cases in 2020. During 1990-2016, cervical cancer was the second main factor of cancer deaths for women across 12 Indian states.
National Cancer Control Programme (NCCP)
National Cancer Control Programme was first started in India in 1975. Under the programme, priorities were given to equip existing cancer hospital and institutions. Central assistance of Rs 2.50 lakhs was provided to each cancer institution, in a bid to purchase cobalt machines for radiotherapy.

VALUE ADDITION:
Human Papilloma Virus (HPV) :
Types: HPV is a type of virus, of which there are more than 100 types.
Transmission: More than 40 types of HPV are spread through direct sexual contact.
Symptoms:
• Most people do not develop any symptoms.
• The virus can sometimes take years before it causes any symptoms.
Impacts:
• Out of these 40, two cause genital warts, while about a dozen of HPV cause different types of cancer including cervical, anal, oropharyngeal, penile, vulvar and vaginal.
• India is home to 16-17 percent of the world’s population, globally 27 per cent of total cervical cancer cases are from here.
• In India, about 77 percent cases of cervical cancer are caused by HPV 16 and 18.
HPV Vaccines:
• Quadrivalent vaccine (Gardasil) – Protects against four types of HPV (HPV 16, 18, 6 and 11).
• Bivalent vaccine (Cervarix)- Protects against HPV 16 and 18 only.
• Non valent vaccine (Gardasil 9) – Protects against nine strains of HPV.
HPV vaccination in India:
• In India, bivalent and quadrivalent HPV vaccines were licensed in 2008 and a non valent vaccine was licensed in 2018.
• HPV vaccines are given as a two-dose regimen, six months apart for girls below the age of 14 years.
• For those who are 15 and older, the vaccine is given in a three-dose regimen.

THE INTERNATIONAL RELATIONS

2. INDIA-NEPAL MOU ON BIODIVERSITY CONSERVATION

THE CONTEXT: Recently, the Union Cabinet has approved a Memorandum of Understanding with the Government of Nepal on Biodiversity Conservation proposed by the Ministry of Environment, Forest and Climate Change.
THE EXPLANATION:
• This MoU has been signed to strengthen and enhance coordination and cooperation between the two countries in the fields of forestry, biodiversity conservation and climate change.
• It will also help in restoration of corridors and connecting regions and sharing of knowledge and best practices between the two countries.
• The shared Indo-Nepal border of over 1,850 km touches five Indian states – Sikkim, West Bengal, Bihar, Uttar Pradesh and Uttarakhand. India and Nepal are already cooperating on a number of wildlife-related issues, but this will strengthen bilateral cooperation and strengthen the management of important cross-border wildlife habitats.
The joint border of India and Nepal includes many border wildlife habitats. For example, the Valmiki Tiger Reserve in Bihar connects to the Chitwan National Park and Parsa Wildlife Sanctuary in Nepal. Similarly, Dudhwa Tiger Reserve in Uttar Pradesh shares its boundary with Shukla Phanta National Park in Nepal. Thus, this MoU is expected to have a significant focus on the management of the marginal landscape.
VALUE ADDITION:
Kunming Biodiversity fund
The funding issue for the Kunming Biodiversity Fund will be taken up in January 2022 at negotiations in Geneva. China’s pledge is below the $4 billion committed by Britain for conservation projects across the world as well as France’s commitment to spend 30 percent of its climate finance on protection of biodiversity.

UN Convention on Biological Diversity
This convention has been ratified by 195 countries and the European Union. However, United States is not ratified it even though it has been world’s biggest polluter historically.

3. SPIKE IN HAND, FOOT, AND MOUTH DISEASE

THE CONTEXT: Recently there has been a spike in cases of Hand, Foot, and Mouth Disease (HFMD) in Mumbai. As per data provided by the state’s public health department, till August 28, Maharashtra has reported 250 cases of hand-foot-and-mouth disease. Of the total cases reported in the state, all but one were from Mumbai circle.
THE EXPLANATION:
What is Hand, Foot, and Mouth Disease, and how does it spread?
• Hand, Foot, and Mouth Disease is common in children under the age of 5, but anyone can get it. It is most commonly caused by a coxsackievirus, which belongs to a group of viruses called nonpolio enteroviruses. The illness is usually not serious, but is very contagious. It spreads quickly at schools and daycare centers.

Are children with HFMD requiring hospitalisation?
• A majority of children have recovered at home and rarely require hospitalisation. As it is a self-limited illness, the symptoms last up to 7-10 days and fade away.
• However, doctors also cautioned to keep a close eye on children with weak immunity or who haven’t improved even after 10 days. “Some children may develop complications due to dehydration because of poor oral intake. Also, they may develop viral meningitis, encephalitis, paralysis and loss of nails”.
• The child may need admission only if there is a severely reduced oral intake or persistent high fever.

What are symptoms, treatment for Hand, Foot, and Mouth Disease?
• Patients usually develop fever, sore throat, painful blister-like lesions on the tongue, gums and inside of the cheeks. “The children may develop ulcers inside their mouths. Also, rashes are noticed on the palms, soles and sometimes the buttocks”.
• Children are mostly treated with anti-allergic medicines and ointments. The lesions usually disappear in five to six days. “Drink enough liquids. Mouth sores can make it painful to swallow, so your child may not want to drink much. Make sure they drink enough to stay hydrated,” stated the Centre for Disease Control and Prevention (CDC).
Reye’s syndrome
In Reye’s syndrome, a child’s blood sugar level typically drops while the levels of ammonia and acidity in his or her blood rise. At the same time, the liver may swell and develop fatty deposits. Swelling may also occur in the brain, which can cause seizures, convulsions or loss of consciousness

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

4. EXPLAINED: WHAT IS ‘ZOMBIE ICE’, HOW IT THREATENS TO RAISE GLOBAL SEA LEVELS BY OVER 10 INCHES

THE CONTEXT: According to a study published in the journal Nature Climate Change where scientists for the first time calculated minimum ice loss in Greenland, and the corresponding rise in global sea level.
THE EXPLANATION:
The melting of the Greenland ice sheet will unavoidably raise the global sea levels by at least 10.6 inches or 27 centimetres, no matter what climate action the world decides to take right now. This is because of ‘zombie ice’, which is certain to melt away from the ice cap and blend into the ocean.

What is ‘zombie ice’?
• Also referred to as dead or doomed ice, zombie ice is one that is not accumulating fresh snow even while continuing to be part of the parent ice sheet. Such ice is “committed” to melting away and increasing sea levels.
• Experts noted that “This ice has been consigned to the ocean, regardless of what climate scenario we take now….more like a foot in the grave”.

What has led to this?
According to researchers, this is on account of warming that has already happened. The research points to an equilibrium state where snowfall from the higher reaches of the Greenland ice cap flows down to recharge edges of the glaciers, and thicken them. It says that over the last several decades there has been more melting and less replenishment.

What happens next, and by when?
• By calculating minimum committed ice loss based on the ratio of recharge to loss, the scientists have projected that 3.3% of Greenland’s total ice volume will melt, and this will happen even if the global temperature is stabilized at the current level. But given that global warming is predicted to get worse, the melting and the corresponding rise in sea level could be much worse. The study says it could reach as much as 30 inches (78 centimetres) if Greenland’s record melt year (2012) becomes a routine phenomenon.
• However, the research team has not given a timeline. All that it mentions is that this committed melting is likely “within this century”.
• But while some have questioned the timeframe being left out as an unknown, others have said the study gives a solid conservative estimate of what is likely to happen.

What does a 10-inch rise in sea-level mean?
• The inevitable sea-level rise that the study predicts is particularly a bad news for millions that live in coastal zones. According to the UN Atlas of the Oceans, 8 of the world’s 10 largest cities are near a coast. Rising sea levels will make flooding, high tides and storms more frequent and worse as their impact will reach more inland. This, in turn, means a threat to local economies and infrastructure. Also, low lying coastal areas will take a harder hit.
• The World Economic Forum’s 2019 Global Risks Report noted that “already an estimated 800 million people in more than 570 coastal cities are vulnerable to a sea-level rise of 0.5 metres by 2050”.

THE ECONOMIC DEVELOPMENTS

5. NSO DATA ON INDIA’S GDP RATE IN Q1

THE CONTEXT: Recently, the National Statistical Office (NSO), Ministry of Statistics and Program Implementation released the estimates of Gross Domestic Product (GDP) at constant (2022-23) and current prices for the first quarter (April-June) of 2022-23.
THE EXPLANATION:
• In the first quarter (April-June) of the current financial year, the country’s economy has registered a growth of 13.5 percent. However, this growth has been around 3 per cent lower than the estimate expressed by the RBI earlier this month.
• The GDP growth rate in the April-June quarter of the last financial year (2021-22) was 20.1 per cent.
• At the same time, real GDP at constant prices (2011-12) is estimated at Rs 36.85 lakh crore in the first quarter of 2022-23. It was Rs 32.46 lakh crore in the same quarter last year.
• Gross Value Added (GVA) refers to the total value of goods and services in a country’s territory over a given period of time.Gross value added (GVA) grew 12 per cent to Rs 34.41 lakh crore in the April-June quarter this year.
• The growth rate of GVA in the agriculture sector stood at 4.5 per cent in Q1 as against 2.2 per cent in the same quarter a year ago. However, the growth rate of GVA in the manufacturing sector declined to 4.8 per cent from 49 per cent in the same quarter a year ago.
• According to the data, GVA growth in the mining sector stood at 6.5 per cent from 18 per cent in the April-June quarter of 2021-22 a year ago. The growth rate of GVA in the construction sector declined to 16.8 per cent in the quarter ended June 2022 from 71.3 per cent in the same quarter a year ago.
• On the other hand, in services sectors such as trade, hotels, transport, communication and broadcasting, it has a GVA growth rate of 25.7 per cent in the first quarter of the current fiscal.
• Eight infrastructure sectors which include coal, crude oil, natural gas, refinery products, fertilisers, steel, cement and electricity. In this, the production growth rate in April-July in the current financial year was 11.5 percent, which was 21.4 percent a year ago.
National Statistical Office (NSO)
• NSO as an agency that was formed on the recommendation of the Rangarajan Commission. The office was set up to implement and maintain the statistical standards and coordinate the statistical activities of Central and State agencies in accordance with the National Statistical Commission (NSC).
• The Rangarajan Commission had also recommended to set up the NSC. NSC is headed by a person having a “Minister of State-Level designation”. NSC will serve as a nodal body for all core statistical activities in India. NSO was formed after merging the National Sample Survey Office (NSSO) and Central Statistics Office (CSO) under the Ministry of Statistics and Programme Implementation (MoSPI).

THE GOVERNMENT SCHEMES IN NEWS

6. RASHTRIYA POSHAN MAAH 2022

THE CONTEXT: The Ministry of Women and Child Development is celebrating 5th Rashtriya Poshan Maah 2022 from 1st to 30th September 2022. This year, with the main focus on “Mahila aur Swasthya” and “Bacha aur Shiksha”,PoshanMaah is to be started as Poshan Panchayat through Gram Panchayats.
THE EXPLANATION:
• Pregnant and lactating women, children below six years of age and adolescent girls will be given special attention in this month-long Poshan Maah. Along with this, they will be made aware about the importance of nutrition through sensitization campaigns, outreach programs, and camps.
• Awareness activities will be conducted at the Panchayat level by the concerned District Panchayati Raj Officers, CDPOs, local officials.
• This time a national level toy manufacturing workshop will also be organized to promote the use of indigenous and local toys for teaching children in Anganwadi centers.
• Under this program, the importance of rainwater harvesting will be emphasized among women at Anganwadi centers as well as information related to traditional food items for healthy mother and child in tribal areas will be provided.
• Under the state level activities, ‘Amma ki Rasoi’ of traditional nutritious dishes will also be operated. Also, extensive efforts will be made to integrate traditional foods with local festivals during Poshan Maah.
About POSHAN Abhiyaan
POSHAN Abhiyaan is the flagship programme of government of India to improve nutritional outcomes for pregnant women, lactating mother, children and adolescent Girls. This mission was launched by Prime Minister on the occasion of International Women’s Day on March 8, 2018. POSHAN stands for “Prime Minister’s Overarching Scheme for Holistic Nutrition” Abhiyaan. This mission was announced in Budget 2021-2022.
Aim of the Mission
POSHAN Abhiyaan divert the attention of country towards the problem of malnutrition and address it in a mission-mode. This mission focuses on the aims of POSHAN Abhiyaan, Mission Poshan 2.0. it seeks to strengthen nutritional content, delivery, outreach and outcomes in order to develop practices that nurture health, wellness and immunity on disease as well as malnutrition.
Jan Andolan
POSHAN Abhiyaan is a Jan Andolan or People’s Movement. It incorporates inclusive participation of public representatives of local bodies, government department from States or UTs, Public & Private sector and social organizations.

THE DATA POINT

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THE CONTEXT: The Supreme Court, in July 2022,in Satender Kumar Antil vs Central Bureau of Investigation, recommended the Union Government introduce a special enactment like a “Bail Act” to streamline the grant of bail. The court also gave other directions for making the process of granting bail efficient and effective.  This article analyses these developments from the UPSC perspective.

AN OVERVIEW OF THE JUDGMENT OF THE SUPREME COURT

A BAIL ACT

• The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails.

COMPLIANCE WITH CrPC

• The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the CrPC and the directions issued by this Court in Arnesh Kumar.
• Any dereliction on their part has to be brought to the notice of the higher authorities by the court.
• The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for a grant of bail

FORMULATION OF STANDING ORDERS

• All the State Governments and the Union Territories are directed to facilitate standing orders for the procedure to be followed under Sections 41 and 41A of the Code

ARREST AS A LAST RESORT

• There needs to be strict compliance with the mandate laid down in the judgment of this court in Siddharth(in which it was held that investigating officers need not arrest each and every accused at the time of filing the charge sheet).

CREATION OF SPECIAL COURTS

• The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to the constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for special courts. The vacancies in the position of Presiding Officers of the special courts will have to be filled up expeditiously.

RELEASE OF UNDERTRIALS

• The High Courts are directed to undertake the exercise of finding out the undertrial prisoners who are not able to comply with the bail conditions. After doing so, appropriate action will have to be taken in light of Section 440 of the Code, facilitating the release.
• An exercise will have to be done in a similar manner to comply with the mandate of Section 436A of the Code both at the district judiciary level and the High Court as earlier directed by this Court in Bhim Singh.

TIME-BOUND DISPOSAL OF BAIL APPLICATION

• Bail applications ought to be disposed of within a period of two weeks and applications for anticipatory bail are expected to be disposed of within a period of six weeks.

REPORT ON CONFORMITY

• All State Governments, Union Territories and High Courts are directed to file affidavits/ status reports within a period of four months.

WHAT IS A BAIL AND WHAT ARE ITS TYPES?

A Bail denotes the provisional release of an accused in a criminal case in which court the trial is pending and the Court is yet to announce judgement. The term ‘bail’ means the security that is deposited in order to secure the release of the accused. There are 3 types of bail Regular, Interim and Anticipatory.

1. Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. 2005 amendment to the CrPC abolished sureties in the case of indigent(poor)  people.

1. Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
2. Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offence.

THE PRISON STATISTICS INDIA–2020- NATIONAL CRIME RECORDS BUREAU (NCRB).

• The increase in the share of under-trials in prisons was at an all-time high. PSI 2020 puts the percentage at 76% in December 2020: An increase from the earlier 69% in December 2019. The people who are undertrials are those yet to be found guilty of the crimes they have been accused of.  In 17 states, on average, prison populations rose by 23% from 2019 to 2021, as opposed to 2-4% in previous years.
• The appalling figures come from states such as Uttar Pradesh, Sikkim, and Uttarakhand,which had tragic occupancy rates of 177%, 174%, and 169%, respectively (December 2020).
• Only Kerala(110% to 83%), Punjab (103% to 78%), Haryana (106% to 95%) Karnataka (101% to 98%), Arunachal Pradesh (106% to 76%) and Mizoram (106% to 65%) could reduce their occupancy of prisons below 100%.

BAILABLE OFFENCE AND NON-BAILABLE OFFENCE

The Criminal Procedure Code, 1973 talks in detail about the bail process and how it has to be obtained. However, it does not define bail. Section 2(a) Cr.P.C. says that a bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force, and a non-bailable offence means any other offence. The Code of Criminal Procedure deals with various provisions as to bail and bonds. It lays down when bail is the right of the accused, when bail is the discretion of the Court, in what circumstances said discretion can be exercised, what are the terms and conditions which would be required to be observed by the accused, who has been released on bail and what powers are vested in the Court in the event of accused committing default of bail order etc.

WHY THERE IS A TENDENCY TO DENY BAIL?

Motivated arrest often leads to denial of bail and mechanical remand by the subordinate judiciary. Due to the concept of pecuniary ‘surety’, the archaic Indian law on bail already had a class character wherein, for the rich, bail is the rule and for the poor, invariably, jail. Justice Krishna Iyer in the Moti Ram case where a poor labourer was asked for a surety of Rs 10,000 in 1978 was pained to observe that “the poor are priced out of their liberty in the justice market.” Lately, it would appear that religion is a new class.It has been seen that many times, particularly when either the cases are controversial or delicate or political in nature or where there can be an outburst, the tendency in the lower courts is why should we do it, let the person take it from the high court or Supreme Court.”A tendency among government agencies to hand over documents in sealed covers to courts in “every case” coupled with an inclination among judges to verbatim reproduce their contents as judicial findings also lead to denial of bail. In non-bailable offences, bail is discretionary and there are conditions that the judge may impose which are selectively applied many times. Also, there are special penal laws like the UAPA, PMLA etc where some overzealous SC judges have given a free pass to the executive.

IMPLICATIONS OF DENIAL OF BAIL

• Violation of the principle “bail is the rule, jail is the exception
• The rights of the citizens are unjustifiably curtailed
• Overcrowding of prisons and increase in state expense
• Inefficiency in the criminal justice system
• Scope for rent-seeking, corruption at multiple levels
• Productivity of the individual is lost
• Social stigma and long incarceration
• The process becomes the punishment
• Chances for reformation and rehabilitation reduce.

HOW CAN A SEPARATE BAIL LAW ADDRESS THE SITUATION?

CrPC IS ESSENTIALLY COLONIAL

• Notwithstanding subsequent revisions, the CrPC essentially retains its initial form as drafted by a colonial power over its subjects.
• The Code does not see the arrest as a fundamental liberty concern.

UNIFORMITY AND CERTAINTY

• “The cornerstones of judicial dispensation are uniformity and predictability in court decisions.” Persons accused of the same offence shall not be treated differently by the same court or by separate courts.

INTERNATIONAL EXPERIENCE

• In the United Kingdom and many states in the United States, there are specific laws that lay down guidelines for arrests and grants of bail. There is a “pressing need” for a similar law in India.

DEDICATED LEGAL REGIME

• several previous judgments and guidelines regarding bail and the numerous conditions that need to be complied with while arresting an accused are often not followed.
• So a new bail law will integrate these aspects and provide a cohesive form which can be a shot in the arm for personal liberty.

THE BAIL ACT OF THE UNITED KINGDOM

The Bail Act of the United Kingdom of 1976 governs the process of granting bail. One distinguishing element is that one of the legislation’s goals is to “reduce the size of the convict population.” The statute also includes procedures for defendants to receive legal representation.  The Act recognises a “general right” to bail. Section 4(1) establishes the presumption of bail by declaring that the legislation applies to a person who shall be granted bail unless otherwise provided for in Schedule 1 to the Act.

In order to reject bail, the prosecution must demonstrate that there are reasonable grounds to believe the defendant on bail will not surrender to custody, will commit an offence while on bail, will interfere with witnesses, or will otherwise obstruct the course of justice;

WHETHER INDIA NEEDS A SEPARATE BAIL LAW?

LAW COMMISSION REPORT

• When the Department of Legal Affairs asked the Law Commission about the need for a separate bail law in India in 2015, the commission concluded that it wasn’t required.

IMPUNITY FOR OFFICERS STILL EXIST

• The problem is not a lack of guidelines but the fact that there are no consequences for officials who violate them.
• There is a belief that officers can get away with not following the law.
• The authorities follow the procedure “as per their wish”. A new Bail Act is unlikely to change the situation.

DOES NOT ADDRESS THE ROOT CAUSE

• Laws dealing with criminal activity provide high scope for police discretion, especially in cognizable offences. For instance Section 124A of IPC deals
• with sedition(before the SC judgment on sedition) and Section 153A is related to promoting enmity between groups. Also, the vague and overarching terms in laws like UAPA, IT Act
• 2000, etc provide huge scope for abuse of these laws by police. In PUCL Vs. Union of India, 2021, the Supreme Court felt appalled after finding that
• people are still being booked and tried under Section 66A of the Information Technology Act.

THE EXECUTIVE IS AN INTERESTED PARTY

• The judiciary is better placed to deal with issues of bail instead of the government. The law made by “the state may have the potential to introduce caveats on the law of bail,” which in effect create more problems than they purport to solve.

DISCRETION OF THE JUDGES CAN’T BE CODIFIED

• The enormity of the charge, nature of the accusation, severity of punishment on conviction, possibility of the accused absconding if released on bail, the danger of witnesses being tampered with, health, age and sex of the accused etc. are the crucial grounds for deciding the bail which can’t be measured through a straightjacket mathematical formula.
• Discretion will always create a chance for rent-seeking and biased decisions of the judges, even in the presence of bail law.

THE WAY FORWARD:

1. A Bail Act in the line of the developed democracies can be enacted after a wide-ranging consultation although it in itself is not a panacea for the problem of denial of bail.
2. The judicial discretion in granting bail needs to be circumscribed and cannot be used in an arbitrary manner; sound discretion is guided by law and governed by rule and by the whims and fancies of the judge. The subordinate judiciary and the High Courts need to be sensitized and taken to task for rejecting bail on sterile and irrelevant grounds and also for imposing onerous bail conditions.
3. According to 21^st Law Commission, Confinement is detrimental to the person accused of an offence who is kept in custody, imposes an unproductive burden on the state, and can have an adverse impact on future criminal behaviour, and its reformative perspectives will stand diminished.  Hence, the bail should not be denied unless there are compelling circumstances.
4. The problem of delays in deciding bail applications can be reduced by utilizing e-governance, and AI  and also by improving the infrastructure base of the district judiciary through the establishment of a National Judicial Infrastructure Corporation.
5. The process of arrest by the police and other investigative agencies needs to be strictly in accordance with the laws and directions of the SC. Exemplary punishment needs to be awarded for violation
6. Legal education and awareness of the legal system and legal aid is the need of the hour and the Legal Services Authorities need to take concrete steps in this regard.
7. A comprehensive reform in the entire criminal justice system is required to address the root causes and the Malimath Committee report provides a goldmine of suggestions in this regard.

THE CONCLUSION: As per the NCRB data around 76 per cent of inmates in the prison are undertrials who are mainly booked for non-heinous crimes and the major reason for such a state of affairs is the poor bail system in the country. The SC directions and recommendation for a separate bail law have come as a fresh lease of life, but without a comprehensive overhauling of the criminal justice system, these measures may not have the desired impact.

QUESTIONS TO PONDER

1. Critically examine the need for a separate Bail Law in India.
2. What are the implications of the denial of bail in deserving cases? How far do you think that a separate bail law can actually implement the principle “ bail is the rule, jail is the exception” on the ground?

THE INDIAN POLITY AND GOVERNANCE

1. EXPLAINED: BHANG, GANJA, AND CRIMINALITY IN THE NDPS ACT

THE CONTEXT: Recently, Karnataka High Court observed that nowhere in the Narcotic Drugs and Psychotropic Substances (NDPS) Act is bhang referred to as a prohibited drink or prohibited drug. Since the ganja recovered was below commercial quantity, the accused was given bail on a personal bond of Rs 2 lakh.
THE EXPLANATION:
• The single judge Bench relied on two earlier judgments, Madhukar vs the State of Maharashtra, 2002 and Arjun Singh vs State of Haryana, 2004, where the courts had ruled that bhang is not ganja, and is therefore not covered under the NDPS Act.
What is bhang?
• Bhang is the edible preparation made from the leaves of the cannabis plant, often incorporated into drinks such as thandai and lassi, along with various foods. Bhang has been consumed in the Indian subcontinent for centuries, and is frequently consumed during the festivals of Holi and Mahashivratri.
• Its widespread use caught the attention of Europeans, with Garcia da Orta, a Portuguese physician who arrived in Goa in the 16th century, noting that, “[Bhang] is so generally used and by such a number of people that there is no mystery about it”.

Bhang and the law
• Enacted in 1985, the NDPS Act is the main legislation that deals with drugs and their trafficking. Various provisions of the Act punish production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.

The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. The Act lists these parts as:
• Charas: “The separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.”
• Ganja: “The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they be known or designated.”
• “Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.”
• The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”. Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.
• As a “special provision”, the Act states that the government “may allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes”.
Cannabis and criminal liability
Section 20 of the NDPS Act lays out the punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis, as defined in the Act. The prescribed punishment is based on the amount of drugs seized.
• Contravention that involves a small quantity (100 g of charas/hashish or 1 kg of ganja), will result in rigorous imprisonment for a term that may extend to one year and/or a fine which may extend to Rs 10,000.

• For a commercial quantity (1 kg charas/ hashish or 20 kg ganja), rigorous imprisonment of not less than 10 years, which may extend to 20 years, including a fine that is not less than Rs 1,00,000 but may extend to Rs 2,00,000.
• Where the contravention involves quantity less than commercial, but greater than small quantity, rigorous imprisonment up to 10 years is prescribed, along with a fine which may extend to Rs 1,00,000.

2. HARIDWAR: BEST ASPIRATIONAL DISTRICT

THE CONTEXT: NITI Aayog has declared Haridwar city of Uttarakhand as the best aspirational district on the basis of five parameters. Haridwar has secured first position in Basic Infrastructure theme. Now an additional allocation of Rs 3 crore will be made to this city.
THE EXPLANATION:
• The programme was launched in January 2018 aims to quickly and effectively transform some of most underdeveloped districts of the country.
• This scheme has been implemented along with the central and state schemes. In its successful implementation, there is important cooperation of the ‘in-charge’ officers of the central, state level and district collectors.
• The competition between these districts is maintained through equated monthly delta rankings, so that they are eager to make it a success.
• The ranking of aspirational districts combines innovative use of data with practical governance, placing the district at the center of inclusive growth.
• As per the norms for planning of aspirational districts, each district should prepare an action plan in consultation with the State and Central officers in charge, after which it should be sent to NITI Aayog for final approval of the Empowered Committee of Secretaries constituted for the programme.

Parameters for Best Aspirational District
It envisages rapid development of selected districts on basis of composite index based on five parameters

• health and nutrition,
• education,
• financial inclusion and skill development,
• agriculture and water resources
• basic infrastructure

3. PHARMA SAHI DAAM 2.0 APP

THE CONTEXT: The Union Minister of Chemicals and Fertilizers, launched the Pharma Sahi Daam 2.0 App and Integrated Pharmaceutical Database Management System 2.0 during the Silver Jubilee Celebrations of the National Pharmaceutical Pricing Authority (NPPA).
THE EXPLANATION:
Pharma Sahi Daam 2.0 App
• Pharma Sahi Daam 2.0 app will have updated features like speech recognition, Share button and bookmarking medicines. It also has a facility for launching complaints by consumers through the consumer complaint handling module. The app will be available in Hindi and English language in both iOS and Android versions.

IPDMS 2.0
• Integrated Pharmaceutical Database Management System 2.0 is an integrated responsive cloud based application developed by NPPA with technical support from Advanced Computing Center (C-DAC).
• It would provide a single window for submissions of various forms as mandated under Drug Price Control Order (DPCO), 2013.
• It will also enable paperless functioning of NPPAs and facilitate stakeholders to connect with the National Pharma Pricing Regulator from across the country.

National Pharmaceutical Pricing Authority (NPPA)
• NPPA is independent body under Department of Pharmaceuticals under Ministry of Chemicals and Fertilizers. It was set up in 1997. Its mandate is to fix/revise controlled bulk drugs prices and formulations, enforce prices and availability of medicines under DPCO, 2013.
• NPPA fixes ceiling price of essential medicines of Schedule I under DPCO 2013. The calculation for essential drugs is based on simple average of all medicines in particular therapeutic segment with sales of more than 1%. In respect of medicines that are not under price control, manufacturers are allowed to increase the maximum retail price by 10% annually.

THE HEALTH ISSUES

4. ICMR STUDY ON SNAKEBITES

THE CONTEXT: To collect data on mortality, morbidity and socio-economic burden, the Indian Council of Medical Research (ICMR) is conducting a first of its kind study on snakebite incidence in 14 states representing all geographical regions of the country. This study is based on a previous Sri Lankan study, which covered the entire island, surveying <1% of the total population
THE EXPLANATION:
• Himachal Pradesh, Andhra Pradesh, Arunachal Pradesh, Rajasthan, Maharashtra, Kerala, Tamil Nadu, Odisha, West Bengal, Uttarakhand, Meghalaya, Mizoram and Tripura have been included in this study.
• The main objective of this study is to generate realistic data on the incidence, mortality, morbidity and socio-economic burden of snakebites in the country to help decision makers in policy making to prevent and control snakebites in India.
• All snakebite cases occurring during the period of 18 months (April 2022 to October 2023) in the study district will be recorded. A total of 336 blocks in 31 districts with a total population of about 83.9 million will be covered in the study.
• This surveys are also important because geographically the greatest impact of snake bites occurs in tropical and sub-tropical regions, which are highest in India. Global estimates of snakebites range from 4.5 million to 5.4 million annually, of which an estimated 2 million are in India.

Indian Council of Medical Research (ICMR)
• ICMR is the apex body to formulate, coordinate and promote biomedical research. It is one of the oldest and largest medical research bodies across the world. It is funded through the Department of Health Research of Ministry of Health & Family Welfare.

THE INTERNATIONAL RELATIONS

5. EXPLAINED: WHAT ARE ANTI-RADIATION PILLS, HOW WILL THEY HELP IN CASE OF A NUCLEAR EMERGENCY IN UKRAINE?

THE CONTEXT: Amid fears of a nuclear disaster at Ukraine’s Zaporizhzhia power plant growing, the European Union has decided to pre-emptively supply 5.5 million anti-radiation pills to be distributed among residents in the vicinity.
THE EXPLANATION:
What is a radiation emergency?
• These are unplanned or accidental events that create radio-nuclear hazard to humans and the environment. Such situations involve radiation exposure from a radioactive source and require prompt intervention to mitigate the threat. Dealing with such an emergency also involves the use of anti-radiation tablets.
What are anti-radiation pills?
• Potassium iodide (KI) tablets, or anti-radiation pills, are known to provide some protection in cases of radiation exposure. They contain non-radioactive iodine and can help block absorption, and subsequent concentration, of radioactive iodine in the thyroid gland.
How do these pills work?
• After a radiation leak, radioactive iodine floats through the air and then contaminates food, water and soil.
• While radioactive iodine deposited during external exposure can be removed using warm water and soap, according to the World Health Organisation, the bigger risk is inhaling it.
• “According to WHO “Internal exposure, or irradiation, occurs when radioactive iodine enters the body and accumulates in the thyroid gland”.
• The thyroid gland, which uses iodine to produce hormones to regulate the body’s metabolism, has no way of telling radioactive from non-radioactive iodine.
• Potassium iodide (KI) tablets rely on this to achieve ‘thyroid blocking’. KI pills taken a few hours before or soon after radiation exposure ensure that non-radioactive iodine in the medicine is absorbed quickly to make the thyroid “full”.
• “Because KI contains so much non-radioactive iodine, the thyroid becomes full and cannot absorb any more iodine – either stable or radioactive – for the next 24 hours,” says the US Centre for Disease Control and Prevention.
• But KI pills are preventive only and cannot reverse any damage done by radiation to the thyroid gland. Once thyroid gland absorbs radioactive iodine, those exposed are at a high risk of developing thyroid cancer.
Is the method fool-proof?
• Anti-radiation pills do not provide 100% protection. “The effectiveness of KI also depends on how much radioactive iodine gets into the body and how quickly it is absorbed in the body”.
• Also, the pills are not meant for everybody. Experts recommended for people under 40 years of age. Pregnant and breastfeeding women are also advised to take them. While it can protect the thyroid against radioactive iodine, it cannot protect other organs against radiation contamination.

THE PRELIMS PERSPECTIVE

6. VEDIC PLANETARIUM : WORLD’S LARGEST RELIGIOUS MONUMENT

THE CONTEXT: The Vedic Planetarium Temple in Mayapur, West Bengal will soon become the world’s largest religious monument. Currently, the largest religious monument in the world is Angkor Wat, a huge Buddhist temple complex located in northern Cambodia.
THE EXPLANATION:
• The purpose behind the construction of this temple is to make people aware about the Vedic culture. The temple is based on the vision of Acharya Prabhupada, the founder of ISKCON, which would help in the spread of Vedic knowledge in the world.
• The temple is inspired by the design of the US Capitol building. Its construction is estimated to cost about $100 million. On each of its floors, the temple can seat 10,000 devotees and can pray, sing and dance together.
• There are many features of this temple, which make it unique. Its construction began over a decade ago and more than 20 million kilograms of cement has been used in the construction of the structure. In this, each floor will be one lakh square feet, which makes it even more beautiful and also the largest dome has been built in the temple.
• Special Blue Bolivian Marble has been used in the 380 feet high temple, which shows the influence of Western architecture in the temple.
Mayapur
• Mayapur is also known as the Land of the Golden Avatar, this site is about 140 km from Calcutta. An incarnation of Lord Krishna (incarnation of Lord Vishnu), Sri Chaitanya Mahaprabhu was born in this city in the year 1486. The main attraction of the city is Chandrodaya Mandir, the first temple established in the region by ISKCON. The Samadhi of Sri Prabhupada, the founder of ISKCON, is also located here.

THE DATA POINT

1. Prepare yourself for the inevitability of death READ MORE
2. The true knowledge is – Everything is gold READ MORE
3. Insensitive society: A BJP leader tortures a domestic help, a security guard is abused in Noida, another thrashed in Gurugram READ MORE
4. INDIVIDUAL GOOD FOR THE COMMON GOOD READ MORE

1. Stuck in semantics: How confusions over forest land definitions keep benefits away from forest dwellers READ MORE
2. An Arunachal Pradesh town has swapped its water pollution problem for air pollution READ MORE

1. The State must focus on transformational change in the lives of women READ MORE
2. NCRB data shows COVID-19 pandemic made children more vulnerable to crime READ MORE

1. Electricity Amendment Bill 2022: A mixed bag READ MORE
2. India is still awaiting key police reforms READ MORE
3. Benthamite approach to good governance READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Urban unemployment rate dips to 7.6% in April-June 2022: Survey READ MORE
2. Only 16% of human trafficking cases in 2021 saw convictions: NCRB data READ MORE
3. First-quarter GDP up 13.5%, lower than RBI estimate READ MORE
4. Explained: Bhang, ganja, and criminality in the NDPS Act READ MORE
5. Govt approves signing of MoU with Nepal on biodiversity conservation READ MORE
6. Most number of saltwater crocodile births in Bhitarkanika this year READ MORE
7. An Arunachal Pradesh town has swapped its water pollution problem for air pollution READ MORE
8. The monsoon has ended, so why are Kerala & Karnataka still receiving intense rainfall? READ MORE

Main Exam

GS Paper- 1

1. Stuck in semantics: How confusions over forest land definitions keep benefits away from forest dwellers READ MORE
2. The State must focus on transformational change in the lives of women READ MORE

 GS Paper- 2

POLITY AND GOVERNANCE

1. Electricity Amendment Bill 2022: A mixed bag READ MORE
2. India is still awaiting key police reforms READ MORE
3. Benthamite approach to good governance READ MORE

SOCIAL ISSUES

1. NCRB data shows COVID-19 pandemic made children more vulnerable to crime READ MORE

INTERNATIONAL ISSUES

1. Gorbachev unmade the USSR and made the modern world READ MORE
2. How to end the China dispute READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. GDP number is disappointing READ MORE
2. A six-point guide for government to regulate freebies READ MORE
3. Making India competitive: Growth should be sustainable and equitable READ MORE

ENVIRONMENT AND ECOLOGY

1. An Arunachal Pradesh town has swapped its water pollution problem for air pollution READ MORE

SECURITY

1. Personal data protection: Firms need to do more READ MORE

DISASTER MANAGEMENT

1. Flood protection calls for a comprehensive approach READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Prepare yourself for the inevitability of death READ MORE
2. The true knowledge is – Everything is gold READ MORE
3. Insensitive society: A BJP leader tortures a domestic help, a security guard is abused in Noida, another thrashed in Gurugram READ MORE
4. INDIVIDUAL GOOD FOR THE COMMON GOOD READ MORE

Questions for the MAIN exam

1. ‘Some Indian states, heavily burdened with high fiscal deficit and debt levels, have performing better on developmental outcomes’. In the light of the statement discuss whether the states should be allowed to make their own decisions on welfare and freebies?
2. How far do you agree with this view that the New Criminal Identification Act will Create a Surveillance State? Analyse your view.

QUOTATIONS AND CAPTIONS

• Economic disaster begins with a philosophy of doing less and wanting more.
• Concerns of states on some provisions of the new Electricity Bill are justified. But the legislation proposes welcome correctives to longstanding problems of the power sector.
• Collapse of the Soviet Union meant that India had to recalibrate its foreign and industrial policy and open up to foreign capital.
• It is encouraging that the Centre is trying to improve the criminal justice system with new steps. But these changes will remain peripheral unless the system of policing is reformed. As a starter, implement the directives given by the top court and ensure autonomy.
• A comprehensive and inclusive approach to development can pave the way for India’s emergence as an economic powerhouse in the next couple of decades.
• Providing support to the domestic industry should go hand in hand with all-out efforts to make India an attractive destination for trade and investment.
• Reward and punishment can be easily employed as tools to ensure good governance with high success rate.
• Our nation is going through a very difficult time so also the world is facing the hardest time. The time has come for each one of us to contribute to the collective wellbeing and to project that we are one when we fight united.
• The forming of governments by defection rather than election has now become a new normal and sadly touted as ‘masterstroke’ throwing morality and democratic norms to winds.
• The increasing variability of water can weigh heavily on communities and represents a significant risk facing Indian farms, firms, and families.

50-WORD TALK

• The death of Mikhail Gorbachev, who tore down the Iron Curtain, comes as a new Cold War looms. The last Soviet president had a complex legacy, but made the world safer by successfully negotiating limits on nuclear-weapons arsenals. Even competing superpowers can cooperate, Gorbachev showed—a lesson for today’s leaders.

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.