Ethics Through Current Development (02-03-2023)

  1. Our soul is Our Chief Executive Officer READ MORE
  2. A clear conscience READ MORE



Today’s Important Articles for Geography (02-03-2023)

  1. Digital technologies can reduce emissions READ MORE
  2. Incentivise recycling for e-waste management READ MORE



Today’s Important Articles for Sociology (02-03-2023)

  1. Responsibility of shaping society lies with each of us READ MORE
  2. Digitalisation: handle with care READ MORE



Today’s Important Articles for Pub Ad (02-03-2023)

  1. A message for maturity: On Governors, Chief Ministers and constitutional boundaries READ MORE
  2. Politics and ideology within the portals of the judiciary READ MORE
  3. Opinion: The basic structure doctrine is a poor fix for a flawed Constitution READ MORE



WSDP Bulletin (02/03/2023)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Government e-Marketplace (GeM) commemorates the success of “SWAYATT”, an initiative to promote Start-ups, Women and Youth Advantage through e-Transactions on GeM READ MORE  
  2. Stage-II of GRAP rolled back as overall AQI of Delhi improves READ MORE
  3. India calls upon G20 countries for faster extradition of fugitive economic offenders READ MORE
  4. India’s jobless rate rose to 7.45% in Feb.: CMIE READ MORE
  5. Two Australian public universities to set up campuses in GIFT City READ MORE
  6. Anti-defection law applies even if a faction splits from a party: Supreme Court at Shiv Sena hearing READ MORE
  7. Export credit falls 39.2% as global demand declines READ MORE
  8. Covid-19 of ‘natural origin’ or ‘lab leak’? A tale of two theories READ MORE
  9. Horn of Africa has entered 6th consecutive wet season with no rain: UNHCR READ MORE
  10. Indigenous knowledge: Australian Aboriginal fire practices can help protect koalas from bushfires, study finds READ MORE

Main Exam

GS Paper- 1

  1. A thumbs down for the ‘Adopt a Heritage’ scheme READ MORE
  2. Responsibility of shaping society lies with each of us READ MORE
  3. Digitalisation: handle with care READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. A message for maturity: On Governors, Chief Ministers and constitutional boundaries READ MORE
  2. Politics and ideology within the portals of the judiciary READ MORE
  3. Opinion: The basic structure doctrine is a poor fix for a flawed Constitution READ MORE

SOCIAL ISSUES

  1. Govt schools need urgent fixing READ MORE

INTERNATIONAL ISSUES

  1. G20: India’s platform for global leadership READ MORE
  2. US, China and Global South in a ‘Bi-Multipolar’ World READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. A story of resilience: GDP data shows pandemic impact is less severe than feared. Monetary policy should decouple from US Fed READ MORE
  2. GDP growth numbers: No surprises READ MORE
  3. Capital investment vs social neglect: Budget debate needs outcome evidence, public access to data READ MORE
  4. India’s economic rise is not translating into a rise in city liveability READ MORE

SCIENCE AND TECHNOLOGY

  1. Life and times of India’s science Nobel Laureate READ MORE

ENVIRONMENT AND ECOLOGY

  1. Digital technologies can reduce emissions READ MORE
  2. Incentivise recycling for e-waste management READ MORE

SECURITY

  1. Cyberattacks are rising, but there is an ideal patch READ MORE
  2. Dealing with the cyber threats READ MORE

DISASTER MANAGEMENT

  1. Lessons from Turkey: How to make India earthquake prepared READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Our soul is Our Chief Executive Officer READ MORE
  2. A clear conscience READ MORE

Questions for the MAIN exam

  1. Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’. Critically comment with reference to the technological advancement in recent times.
  2. Despite efforts to ensure their wellbeing, the Adivasi community remains one of the most deprived in India. In light of this statement critically analyse the steps taken by Government of India to address the issues of Adivasi community.

QUOTATIONS AND CAPTIONS

  • Strategy is not the consequence of planning, but the opposite: its starting point.
  • The post of the Governor, a relic of the colonial era, often becomes a fifth wheel and a clog to democratic governance, when provincial autonomy is diluted, or an elected government is derailed.
  • Federalism is an integral part of the basic structure of our Constitution, and it is intertwined inextricably with the unity and integrity of the nation.
  • Despite recommendations of the Sarkaria and Venkatachaliah Commissions, active party politicians have been appointed as Governors. There are instances of young party loyalists being appointed as Governors who were later sworn in as Ministers in the States.
  • A look at the estimated receipt and expenditure position of Budget 2023-24 would make it clear that the Government is consciously ignoring the fiscal consolidation measures enunciated in the last year’s budget.
  • The judicial system ought not to enjoy unfettered freedom in the name of the independence of the judiciary.
  • There is a need for a reformed mechanism for the appointment of judges to the constitutional courts where the judiciary and executive could amicably come to the conclusion.
  • The rule of law requires that law be applied consistently & impartially.
  • Smart technologies and solutions thus have the potential to alter the entire value chain of businesses across industries.
  • Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’; end users must be made aware of its drawbacks.
  • A country that is fast emerging as a global leader cannot afford to let an unhealthy preoccupation with the past cast a shadow on its promising future.
  • Technical and operational gaps leading to inclusion or exclusion errors must be plugged to ensure the money reaches the intended beneficiaries.
  • Reducing the inevitable negative impact of conflicts between major powers on the forum will be a diplomatic achievement for Delhi in G20.

50-WORD TALK

  • Russia has become the new thorn in G20 just like Pakistan is in SAARC. The failure of the G20 Finance Ministers’ meeting to come out with a joint communique is a setback. India cannot afford ambiguity and division under its presidentship, especially when it’s looking to be a global power.
  • India’s Q3 GDP growth slowing further to 4.4% is something policymakers should seriously take note of. RBI’s monetary policy has placed inflation-management at the fore, but this needs a rethink given the poor growth numbers. With the bulk of inflation being imported, high interest rates will only further depress 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.



TOPIC : SHOULD THERE BE A COOLING-OFF PERIOD FOR GOVERNMENT OFFICIALS?

THE CONTEXT: The appointment of Mr. Justice S. Abdul Nazeer, former judge of the Supreme Court, as the Governor of Andhra Pradesh and the reshuffling of governors in some states seemed to raise the question of cooling off period for government officials once again. In this regard, this article will discuss various provisions related to the cooling off period of government officials, its need and issues related and measures that need to be taken to ensure the transparency and independence of the government institutions.

WHY IS THE APPOINTMENT OF JUSTICE S. ABDUL NAZEER OBJECTIONABLE?

  • Appointment of former Supreme Court judge S Abdul Nazeer as the governor of Andhra Pradesh, within 40 days of his retirement from the top court drew mixed reactions.
  • Justice Nazeer was involved in several cases that were of importance to the current Union government, including the Ayodhya title suit and he also headed the bench that upheld the Centre’s demonetisation policy of November 2016 and was also part of a constitution bench that held no further restriction can be added to the right to free speech under Article 19(1)(a) of the Constitution.
  • Although, there is no provision in law restricting a retired top court judge from holding the post of a governor and it is not the first time that a former Judge of the Supreme Court has been appointed as the Governor of a state but this is the first time that a former Judge of the Supreme Court has been appointed so soon after his or her retirement.
  • A longer cooling-off period can help to avoid criticism and help rebuild the trust.

VARIOUS PROVISIONS RELATED TO THE COOLING-OFF PERIOD OF GOVERNMENT OFFICIALS

WHAT IS THE COOLING-OFF PERIOD?

  • Cooling off period refers to a period during which an employee is prohibited from securing commercial employment before completion of one year from the date of retirement without the approval of the central government.
  • Post-retirement commercial employment for the three All India Services (IAS, Indian Police Service, and Indian Forest Service) is covered under the AIS Death-cum-Benefits Rules, and for the Central Civil Services under the CCS (Pension) Rules.
  • Rule 9 of the CCS (Pension) Rules states that “if a pensioner who, immediately before his retirement, was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the government to such acceptance”.
  • Rule 26 of the AIS Death-cum-Benefits Rules similarly restricts a pensioner from commercial employment for one year after retirement, except with government sanction.
  • Non-compliance with these rules can lead to the government declaring that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified.

WHAT DOES “POST-RETIREMENT COMMERCIAL EMPLOYMENT” INCLUDE?

  • Employment in any capacity including that of an agent, under a company, co-operative society, firm or individual engaged in trading or business (this does not include “employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government)”.
  • Setting up practice, either independently or as a partner of a firm, as adviser or consultant in certain matters specified under the rules, including matters that are relatable to the pensioner’s official knowledge or experience.

WHEN DOES A GOVERNMENT ALLOW OR TURN DOWN SUCH REQUESTS FROM PENSIONERS?

The CCS (Pension) Rules specify several factors for the government to consider while granting or refusing permission; these include:

  • Whether a “no-objection” for the proposed employment has been obtained from the cadre controlling authority and from the office where the officer retired
  • Whether the officer has been privy to sensitive or strategic information in the last three years of service that is directly related to the work of the organization he proposes to join.
  • Whether there is conflict of interest between the policies of the office he has held in the last three years and the interests/work of this organization;
  • Whether this organization has been in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony
  • Whether the organization he proposes to join is undertaking any activity for intelligence gathering.
  • According to these rules, “conflict of interest” does not include normal economic competition with the government or its undertakings”.

WHAT ABOUT GOVERNMENT SERVANTS JOINING POLITICS AFTER RETIREMENT?

  • While in service, the Conduct Rules bar government servants from being associated with any political party or organization, and from taking part in or assisting any political activity. An amendment on November 27, 2014, added a few clauses to Rule 3(1), one of which read: “Every government employee shall at all times maintain political neutrality and commit himself to and uphold the supremacy of the Constitution and democratic values”.
  • There is no rule, however, to stop government servants from joining politics after retirement. In 2013, the Election Commission had written to the Department of Personnel and Training (DoPT) and Ministry of Law, suggesting a cooling-off period for bureaucrats joining politics after retirement, but it was rejected. The Legislative Department of the Ministry of Law advised that any such restriction may not stand the test of valid classification under Article 14 of the Constitution, and the DoPT told the EC that its suggestions might not be appropriate and feasible.

IS A RETIRED GOVERNMENT SERVANT RESTRICTED FROM TAKING UP EMPLOYMENT?

  • Rule 26, Death-cum-Retirement Benefits Rules, restricts a pensioner from any commercial employment for one year after retirement, except with the previous sanction of the central government. Non-compliance can lead the central government to declare that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified”.
  • This cooling-off period was two years until 2007 when an amendment reduced it to one year.

WHY IS THERE A NEED OF A COOLING-OFF PERIOD FOR GOVERNMENT OFFICIALS

TO ELIMINATE THE CHANCE OF GRAVE MISCONDUCT

As post-retirement acceptance of job offers by ex-government officials without observing the cooling-off period can lead to grave misconduct on their part, there is a need of cooling-off period.

BUILDING PUBLIC PERCEPTION

To preserve the integrity of retired officer in eyes of public, there is need of cooling off period as by cooling off period, government officials can prove their impartiality which builds public perception.

ETHICAL CONSIDERATION

There is a need to consider the ethical consideration of government officials towards the government institution and the cooling off period ensures the same.

MAINTAINING THE INDEPENDENCE OF THE INSTITUTION

Government officials need a cooling off period to maintain the independence of institutions and separation of powers.

PREVENT THE MISUSE OF CONFIDENTIAL INFORMATION

If there is no cooling-off period there is a high chance of misuse of confidential information during commercial employment and a long cooling off period may render confidential information outdated.

MINIMIZATION OF CONFLICT OF INTEREST

Cooling off period ensures the minimization of conflict of interest between government officials and institutions.

ISSUES RELATED TO THE COOLING-OFF PERIOD

  • Less incentive: Generally, government official get less pay and incentives that somehow encourages them to take up commercial employment post-retirement.
  • Opportunist tendencies: Bureaucrats do not plan for an active retirement and fear the prospect of unstructured time and rather than welcome it as an opportunity to develop new hobbies and interests, they get lured by commercial benefits.
  • Absence of a uniform and defined procedure: As there is the absence of uniform and defined procedure for cooling off period and the cumbersome process asfor obtaining vigilance clearance before engaging of retired government officials by government organizations sometimes led to hiring of officials with tainted past and pending cases, vigilance body said such a situation not only triggered unnecessary allegations of favouritism, but was also against the tenets of fairness and probity.
  • Carrot and Stick policy: Bulk of post-retirement appointments appears to be furtherance of carrot and stick policy by executive as used by executive to lure the government officials for their own benefits.
  • Neutrality and integrity: There is concern related to the neutrality and integrity of government officials if there is no proper cooling off period that hampers the institutions’ functioning.

THE WAY FORWARD

  • Need of high-calibre professionalism: Government officials need to show high calibre professionalism by properly following guidelines of cooling off period.
  • Need to formulate uniform guidelines: All government organizations need to formulate uniform rules or guidelines to make the cooling-off period mandatory for all retired officers besides requiring them to seek prior nod for accepting private employment during such cooling off period.
  • Penalty in case of violation: It is directed that government need to tweak the applicable service and conduct rules so that appropriate action can be initiated in case of violation of this cooling-off period.
  • Need of Transparency: There is a need for a transparent procedure for engaging retired government officers to provide them with equal opportunity to all those willing to offer their services such as the post to be filled up on contractual/consultancy basis should at advertised on the website of the organization and put it on public domain.
  • Raising the retirement age: Fifth Central Pay Commission (1997) recommended raising the retirement age, citing increased life expectancy, alignment with worldwide trends and to enable those who join the government late, particularly from disadvantaged sections of society, to complete the qualifying service needed to reach the maximum pension limit. It also observed that the impact on employment status would be marginal and that the government would save a considerable sum due to the postponement of retirement benefits for two years.

WHAT ARE THE RECOMMENDATIONS OF VARIOUS COMMITTEES/COMMISSIONS

LAW COMMISSION RECOMMENDATIONS

  • Law Commissions have consistently maintained that government officials accepting commercial employment was undesirable. It had felt that this could affect independence.

SC VIEW IN NIXON M JOSEPH V. UNION OF INDIA, 1998

  • SC itself has accepted that post-retirement appointment of judges in tribunals is a “scar” on the independence of the judiciary.

RM LODHA PANEL RECOMMENDATIONS

  • Before a judge retires, the government should ask him whether he wanted to be a pensioner or continue to draw his existing salary.
  • Once he opts for pension, he should not have any engagement or post under the government.
  • Once a judge opted for full salary, that name should be put in a panel.
  • When a vacancy arises, appoint the man in consultation with the CJI, with the government’s consultation.

THE CONCLUSION: Government officials need mandatory cooling-off period before taking up any commercial employment as it should remain in force as the benefits of keeping confidential information safe and minimizing conflict of interest is much larger than the potential career autonomy of these government officials. However, some policy changes can be introduced to reduce cost of the cooling off period but there is a need of laying down of proper rules to to ensure its effectiveness.

MAINS QUESTIONS
1. To maintain the accountability and independence of the government officials, there is a need for a mandatory cooling off period. Justify.
2. Discuss various provisions related to the cooling off period related to government officials and issues related and suggest measures to ensure the same.




Day-390 | Daily MCQs | UPSC Prelims | HISTORY OF MODERN INDIA

[WpProQuiz 435]




TOP 5 TAKKAR NEWS OF THE DAY (1st March 2023)

GEOGRAPHY

1. INDIA’S IRON AND STEEL INDUSTRY IS CAPABLE OF EMITTING LESS AND PRODUCING MORE: CSE

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY

THE CONTEXT:India’s iron and steel sector can produce less emissions and increase its output at the same time, according to a new analysis released by Delhi-based non-profit, Centre for Science and Environment (CSE).

THE EXPLANATION:

  • The iron and steel industry is an emission-intensive sector. According to the new study shows it is possible to bring down carbon dioxide (CO2) emissions from our iron and steel sector drastically by 2030, while more than doubling India’s output of steel. We can emit even less than what we do today. But this will need planning, technology and adequate funds.
  • The analysis also gave a number of recommendations to achieve these twin goals. These included switching over to cleaner fuels, increasing the use of steel scrap, implementing carbon capture utilisation and storage (CCUS) and organising finance for a switchover to new fuels and technologies.
  • The iron and steel sector is a hard-to-abate sector in terms of greenhouse gas (GHG) emissions; at the same time, it is a critical contributor to the economic development of the country. Globally, the sector accounts for some 7 per cent of total GHG emissions; in India, the sector’s share is 5 per cent (as per the latest Biennial Update Report (BUR) submitted to UNFCCC in 2016).

PRELIMS PERSPECTIVE:

2. HEATWAVES LIKELY FROM MARCH TO MAY: IMD FORECAST

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY

THE CONTEXT: According to India Meteorological Department (IMD),Heatwaves during March-May are likely in most parts of India, except for the northeastern States, Jammu and Kashmir, Uttarakhand, Himachal Pradesh, Kerala and coastal Karnataka.

THE EXPLANATION:

  • The study also shows, accentuating the heat is the lack of rainfall. “Below normal rainfall is most likely over most areas of northwest India, west central India and some parts of east & northeast India. Normal to above normal rainfall is likely over most parts of peninsular India, east central India and some isolated pockets of northeast India”.
  • February temperature hit record levels, with many parts of north and western India reporting 35-39 degree Celsius, or about 3-5 degrees above what is normal for this time of the year, and the IMD’s latest advisory suggests that these conditions are likely to persist over the coming months.
  • Currently, La Nina conditions— or below normal temperatures— are prevailing over the equatorial Pacific region. The La Nina is likely to weaken and turn to El Nino Southern Oscillation (ENSO), ‘neutral conditions’ during the pre-monsoon season, the IMD forecast noted. La Nina conditions are associated with better monsoon rains with El Nino conditions linked to reduced monsoon rains, particularly in northwest India.
  • La Nina conditions have persisted for nearly three years leading to above normal rains in India since 2019. La Nina and El Nino conditions are cyclical in nature and while El Nino conditions are expected to emerge, a full picture can emerge only after March when global climate models can better capture such changes.
  • The elevated temperatures threaten wheat yields with the IMD last week issuing advisories to farmers to either irrigate or initiate soil treatment to conserve moisture.

VALUE ADDITION:

What is La Nina?

  • La Niña is a climate pattern that describes the cooling of surface-ocean waters along the tropical west coast of South America. La Niña is considered to be the counterpart to El Niño, which is characterized by unusually warm ocean temperatures in the equatorial region of the Pacific Ocean.
  • Together, La Niña and El Niño are the “cold” (La Niña) and “warm” (El Niño) phases of the El Nino-Southern Oscillation (ENSO). ENSO is series of linked weather- and ocean-related phenomena. Besides unusually warm or cool sea-surface temperatures, ENSO is also characterized by changes in atmospheric pressure.

INTERNATIONAL RELATIONS

3. FATF SUSPENDS RUSSIA’S MEMBERSHIP OVER UKRAINE WAR

TAGS: PRELIMS PERSPECTIVE- GS-II- INTERNATIONAL RELATIONS

THE CONTEXT: Recently, the global anti-money laundering watchdog the Financial Action Task Force (FATF) has suspended Russia’s membership over the Ukraine war.

THE EXPLANATION:

About FATF:

  • The Financial Action Task Force (FATF) is the global money laundering and terrorist financing watchdog. The inter-governmental body sets international standards that aim to prevent these illegal activities and the harm they cause to society. As a policy-making body, the FATF works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.
  • The 39-member body sets international standards to ensure national authorities can effectively go after illicit funds linked to drugs trafficking, the illicit arms trade, cyber fraud and other serious crimes.
  • The FATF was created in 1989 at the behest of the G7 and is headquartered in Paris.
  • In total, more than 200 countries and jurisdictions have committed to implement the FATF’s Standards as part of a co-ordinated global response to preventing organised crime, corruption and terrorism.
  • On June 25, 2010 India was taken in as the 34th country member of FATF. Therefore, India is not founding member of FATF.

PRELIMS PERSPECTIVE

4. YELLOW RIVER

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT:  A recent study has noted that the Chinese practice of building embankments is one of the reasons to blame for the devastating floods occurring in the “Yellow river”.

THE EXPLANATION:

About Yellow River:

  • The Yellow River (Huang He) is the second longest river in China (after the Yangtze).
  • It’s the fifth-longest river in the world.
  • Source: The Bayankala Mountains on the Plateau of Tibet in western central China.
  • Mouth: southern Bohai Sea
  • Claims to fame: world’s muddiest major river, “China’s cradle (of civilization)”
  • Provinces flowed through: Qinghai, Sichuan, Gansu, Ningxia, Inner Mongolia, Shaanxi, Shanxi, Henan, and Shandong
  • Tributaries: Black River, White River, Tao River, Huangshui, Fen River, Luo River, Wei River.
  • The name “Yellow River” comes from the huge amounts of “yellow” loess sediment it carries, which are eroded when it flows through the Loess Plateau.
  • Hukou Waterfall on it is the second-largest waterfall in China.

5. EXERCISE DESERT FLAG

TAGS: PRELIMS PERSPECTIVE- GS-II- INTERNATIONAL RELATIONS

THE CONTEXT: For the first time, India’s indigenously made light combat aircraft Tejas is participating in an international multilateral air exercise – Exercise Desert Flag VIll – in the UAE, reflecting India’s increasing efforts at showcasing the jet on the world stage.

THE EXPLANATION:

About Exercise Desert Flag:

  • Exercise Desert Flag is a Multilateral air exercise which will see participation from the air forces of the UAE, France, Kuwait, Australia, the UK, Bahrain, Morocco, Spain, the Republic of Korea, and the US.
  • The objectives for the exercise were to expose coalition participating forces to large force employment, sharpen tactical capabilities, and enhance interoperability along with fostering closer relations between the participating forces.
  • The Indian Air Force (IAF) participated in the exercise for the first time in Exercise Desert Flag-VI (2021).