POLITY AND CONSTITUTION

1. PURI’S JAGANNATH TEMPLE: WHY NON-HINDUS AND FOREIGNERS CAN’T ENTER HERE

Tags: GS-II- Indian Polity- Prelims Perspective

THE CONTEXT: Odisha Governor Ganeshi Lal has backed the entry of foreign nationals inside the world-famous Jagannath Temple in Puri, wading into a debate that has lasted for decades and periodically triggered controversy.

THE EXPLANATION:

• According to Governor “If a foreigner can meet Gajapati, servitors, and Jagatguru Shankaracharya, he/ she should also be allowed to meet eyes with the Chakanayana (a name of Lord Jagannath). It is my personal opinion irrespective of whether people will appreciate it or not”.
• Servitors at the 12th-century shrine and researchers of Jagannath culture have expectedly opposed the suggestion, saying that the traditions and practices of the Temple should not be broken.

The Jagannath Temple

• The Temple is one of the four dhams (char dham) where Lord Jagannath, a form of Lord Vishnu, is worshipped along with his elder brother Lord Balabhadra and sister Devi Subhadra. Only Hindus are allowed inside the shrine to offer prayers to the sibling deities in the sanctum sanctorum. A sign at the Lion’s Gate (main entrance) of the Temple clearly states: “Only Hindus are allowed.”

Why no non-Hindus?

• It has been the practice for centuries — even though there is no clearly articulated reason for it. Some historians believe that multiple attacks on the Temple by Muslim rulers might have led the servitors to impose restrictions on the entry of non-Hindus. Others have said that this was the practice from the time the Temple was built.

Patitapaban darshan

• Lord Jagannath is also known as Patitabapan which literally means “saviour of the downtrodden”. So all those who are barred from entering the Temple because of religious reasons get the privilege of a darshan of the Lord in the form of Patitapaban at the Lion’s Gate.

When the Lord emerges

• Jagannath, Lord of the Universe, comes to Bada Danda (the Grand Road) along with his siblings during the nine-day Rath Yatra (car festival) in June-July every year — an occasion when non-Hindus can have His darshan. As the deities go on a sojourn to the Gundicha temple, their birthplace, devotees from around the world throng Puri for a glimpse of the Lord.

2. HALWA, BRIEFCASE, AND OTHER UNION BUDGET-RELATED FACTS

TAGS: PRELIMS PERSPECTIVE-

THE CONTEXT: The final stage of the Budget preparation process for 2023 kicked off with the traditional halwa ceremony on January 26 at the North Block, which houses the Finance ministry.

THE EXPLANATION:

Finance Minister will present the Budget on February 1. The halwa ceremony resumed this year after a Covid-induced break.

What is the Budget halwa ceremony?

• Held some days before the Budget is to be presented, the halwa ceremony involves the Finance Minister stirring a large pan of the halwa, and the sweet then being distributed to ministry officials and staff members.
• The ceremony marks the beginning of the budget ‘lock-in’ period. After the halwa is served, officials and support staff directly associated with the Budget process – its preparation and printing — stay in the North Block, cut off from everyone, including their families, till the Budget is presented. This is done to maintain the secrecy of the Union Budget.
• The lock-in period ends only after the Finance Minister has given the Budget speech in Lok Sabha. The halwa is a gesture of appreciation for all those who work to bring out the Budget.

Briefcase and bahikhata

• Till 2018, Finance Ministers carried the Budget papers to Parliament in a briefcase, a British-era tradition. However, in 2019, brought the documents in a red cloth tied with a string, with the national emblem emblazoned on it.
• Red clothes are usually used to cover religious texts. Then Chief Economic Advisor had called it a sign of “departure from slavery of Western slavery”. “It is in Indian tradition. It symbolises our departure from slavery of Western thought. It is not a budget but a ‘bahikhata’ (ledger)”.

PRELIMS PERSPECTIVE

• THE FIRST EVER BUDGET: India’s first Budget was announced in pre-independent India, on April 7, 1860, when Scottish economist and politician James Wilson – of the East India Company – presented it to the British Crown.
• Post Independence, India’s first budget was presented on November 26, 1947 by then Finance Minister R K Shanmukham Chetty.

Who has presented the most Budgets?

• Former Prime Minister Morarji Desai holds the record of presenting the most number of Budgets of all time. He presented 10 budgets during his stint as Finance Minister during 1962-69, followed by P Chidambaram (nine), Pranab Mukherjee (eight).
• The Black Budget: The 1973-74 Budget presented by Yashwantrao B Chavan in the Indira Gandhi government was called the Black Budget as the fiscal deficit during that year was Rs 550 crore. It was a time when India was going through acute financial distress.
• Carrot & Stick Budget: The Union budget presented by VP Singh for the Congress government on February 28, 1986, was the first step towards dismantling licence raj in India. It was called the ‘Carrot and Stick’ budget as it offered both rewards and punishment. It introduced MODVAT (Modified Value Added Tax) credit for lowering the cascading effect of tax that consumers had to pay while also launching an intense drive against smugglers, black marketers, and tax evaders.
• Epochal budget: Manmohan Singh’s landmark 1991 budget under the PV Narasimha Rao government that ended licence raj and began the era of economic liberalisation, is known as ‘Epochal Budget’. Presented at a time when India was on the brink of an economic collapse, it among other things slashed customs duty from 220 per cent to 150 per cent and took steps to promote exports.
• Dream Budget: P Chidambaram in the 1997-98 budget used the Laffer Curve principle to lower tax rates to increase collections. He slashed maximum marginal income tax rate for individuals from 40 per cent to 30 per cent and that for domestic companies to 35 per cent besides unleashing a number of major tax reforms including a voluntary disclosure of income scheme to recover black money. Referred to as the ‘Dream Budget’, it also slashed customs duty to 40 per cent and simplified excise duty structure.
• Millennium Budget: Yashwant Sinha’s Millennium Budget in 2000 laid the road map for the growth of India’s Information Technology (IT) industry as it phased out incentives on software exporters and lowered customs duty on 21 items such as the computer and computer accessories.
• Rollback Budget: Yashwant Sinha’s 2002-03 budget for the NDA government headed by Atal Bihari Vajpayee is popularly remembered as the Rollback Budget as several proposals in it were withdrawn or rolled back.

ENVIRONMENT, ECOLOGY & CLIMATE CHANGE

3. HOW DO COWS AND SHEEP CONTRIBUTE TO CLIMATE CHANGE?

Tags: GS-III- Environment & Climate change

THE CONTEXT: According to a report in the BBC, Microsoft co-founder Bill Gates has invested in an Australian climate technology start-up that aims to curtail the methane emissions of cow burps.

THE EXPLANATION:

• The start-up, Rumin8, has received funding worth $12 million from Breakthrough Energy Ventures, which Gates created in 2015. Amazon chief executive Jeff Bezos, and Chinese entrepreneur and Alibaba co-founder Jack Ma have also backed the Breakthrough fund.
• Rumin8 is developing a variety of dietary supplements to feed to cows in a bid to reduce the amount of methane they emit into the atmosphere. The supplement includes red seaweed, which is believed to drastically cut methane output in cows.

How do cows and other animals produce methane?

• Ruminant species are hooved grazing or browsing herbivores that chew cud. Ruminants such as cows, sheep, goats, and buffaloes have a special type of digestive system that allows them to break down and digest food that non-ruminant species would be unable to digest.
• Stomachs of ruminant animals have four compartments, one of which, the rumen, helps them to store partially digested food and let it ferment. This partially digested and fermented food is regurgitated by the animals who chew through it again and finish the digestive process.
• However, as grass and other vegetation ferments in the rumen, it generates methane, a potent greenhouse gas. Ruminant animals such as cows and sheep release this methane mainly through burping.
• Given the very large numbers of cattle and sheep on farms in dairy-producing countries, these emissions add up to a significant volume. It is estimated that the ruminant digestive system is responsible for 27 per cent of all methane emissions from human activity.

Why is methane such a big problem?

• Methane is one of the main drivers of climate change, responsible for 30 per cent of the warming since preindustrial times, second only to carbon dioxide. Over a 20-year period, methane is 80 times more potent at warming than carbon dioxide, according to a report by the United Nations Environment Programme.
• It’s also the primary contributor to the formation of ground-level ozone, a colourless and highly irritating gas that forms just above the Earth’s surface. According to a 2022 report, exposure to ground-level ozone could be contributing to 1 million premature deaths every year.

PRELIMS PERSPECTIVE

4. WHAT IS LIQUIFIED NATURAL GAS (LNG)?

Tags: Prelims perspective

THE CONTEXT: Recently, the EU is weaning itself off piped Russian gas by rapidly expanding imports of liquified natural gas, much of it fracked in the US.

THE EXPLANATION:

• LNG is to compensate for lost Russian gas supplies, with four new terminals set to come online in Germany alone. But though touted as a short-term fix, many fear the gas is here for the long haul as the EU becomes the biggest LNG importer in the world.

What is Liquified Natural Gas or LNG?

• LNG is natural gas reduced to a liquid state (liquefaction) through intense cooling to around -161 degrees Celsius (-259 Fahrenheit). This liquid gas is 600 times smaller than the original volume and is half the weight of water.
• The compressed fossil fuel, which is constituted almost wholly of methane — a potent greenhouse gas —, can be transported around the world by ship. After arriving at its destination, the cargo is re-gasified in a floating terminal and redistributed through pipelines.
• But despite LNG’s export potential, the high cost of liquefaction and producing LNG has limited its market. In Germany, the estimated cost of building floating LNG terminals for imports to substitute Russian gas has doubled, due in part to higher operating and infrastructure costs.
• The cooling, liquefying and transport processes, as well as the post-transport regasification procedures, also require a lot of energy. “Between 10-25% of the energy of the gas is being lost during the liquefaction process”.

5. CHARAIDEO MAIDAMS

Tags: Prelims Perspective

THE CONTEXT: Recently, Assam Chief Minister announced that the central government has decided to put forth the name of Assam’s Charaideomoidams burial sites for addition to United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Sites list.

THE EXPLANATION:

The Charaideomoidams are royal burial sites of the Ahom dynasty, which ruled over much of Assam and the North East from 1228 to 1826 AD. Located around 30 km from Sivasagar town in eastern Assam, even today, the tumuli in Charaideo are considered sacrosanct by many locals.

What are maidams?

• A maidam is a tumulus – a mound of earth raised over a grave – of Ahom royalty and aristocracy. While Charaideo exclusively contains maidams of Ahom royals, other moidams of aristocrats and chiefs can be found scattered across Eastern Assam, in the region between the towns of Jorhat and Dibrugarh.
• A typical maidam at Charaideo contains one or more chambers in a vault. On top of these is a hemispherical earthen mound, rising high above the ground, covered in grass. On top of this mound, there is a pavilion, known as the chow chali. A low octagonal wall surrounds the mound with one entrance.
• Ahom kings and queens were buried inside these maidams. Unlike Hindus who cremate their dead, the predominant funerary method of the Ahoms, originating from the Tai people, was the burial. The height of a maidam is typically indicative of the power and stature of the person buried inside. However, except for those of Gadadhar Singha and Rudra Singha, most moidams remain unidentified.
• Inside the chambers of the moidam, the dead king would be buried along with items he needed for the “afterlife”, as well as servants, horses, livestock and even their wives. It is the similarity of the Ahom burial rites with that of the ancient Egyptians that give Charaideo maidams the moniker of “Pyramids of Assam.”

Why was Charaideo important?

• The word Charaideo has been derived from three Tai Ahom words, Che-Rai-Doi. “Che” means city or town, “Rai” means “to shine” and “Doi” means hill. In short, Charaideo means, “a shining town situated on a hilltop.”

 

 

 

INDIAN POLITY

1. WHAT IS A CURATIVE PETITION?

TAGS: PRELIMS PERSPECTIVE- GS-II- INDIAN POLITY

THE CONTEXT: Recently, Supreme Court told the Central Government that it cannot decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy as a lawsuit.

THE EXPLANATION:

The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra and another case (2002) where the following question arose before the court of law- ‘whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after the dismissal of a review petition.

What is a Curative Petition?

• A curative petition is the final and last option for the people to acquire justice as mentioned and promised by the Constitution of India.
• A curative petition may be filed after a review plea against the final conviction is dismissed.
• Objective: It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.

Criteria for admission:

• The court ruled that a curative petition can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
• It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
• The SC has held that curative petitions must be rare rather than regular, and be entertained with circumspection.
• A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining it.

Who hears Curative petitions?

• A curative petition must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
• Only when a majority of the judges conclude that the matter needs hearing should it be listed — as far as possible, before the same Bench.
• A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.
• It shall be open to the Bench at any stage of consideration of the curative petition to ask a senior counsel to assist it as amicus curiae.
• In the event of the Bench holding at any stage that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2. WHITE TUFTED ROYAL BUTTERFLY

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT & ECOLOGY

THE CONTEXT: Recently, a team of butterfly observers and researchers have found White Tufted Royal Butterfly, a rare butterfly species at Kalliyad in Kannur district of Kerala.

THE EXPLANATION:

What is White tufted royal butterfly?

• White tufted royal butterfly is a rare butterfly species.
• It is protected under Schedule 2 of the Wildlife Protection Act.
• The wingspan of the butterfly is just 32-40 mm. Its larvae feed on Scurrula parasitica, a plant belonging to the Loranthaceae family.
• The species had been spotted in Agasthyakoodam in 2017 and the Shendurney Wildlife Sanctuary in 2018.
• Significance of finding: There were eight species of the butterfly. While two are common, the others are rare. Since we are able to get the egg, the life cycle of the butterfly can be documented.
• Threats: The survival of such rare species is under severe threat and steps should be taken to protect the hills.

ECONOMIC DEVELOPMENTS

3. GLOBAL ECONOMIC PROSPECTS REPORT 2023

TAGS: PRELIMS PERSPECTIVE- GS-III- ECONOMIC DEVELOPMENTS- REPORT AND INDEXES

THE CONTEXT: Recently, World Bank has released its latest report on Global Economic Prospects, outlining a slowdown in global growth due to a variety of factors including elevated inflation, higher interest rates, reduced investment, and disruptions caused by Russia’s invasion of Ukraine.

THE EXPLANATION:

The report warns that any additional negative developments, such as a resurgence of the COVID-19 pandemic or escalating geopolitical tensions, could push the global economy into recession, marking the first time in more than 80 years that two global recessions have occurred within the same decade.

Growth Projections

• According to the report, the global economy is projected to grow by 1.7% in 2023 and 2.7% in 2024. The downturn in growth is expected to be widespread, with forecasts in 2023 revised down for 95% of advanced economies and nearly 70% of emerging market and developing economies.
• Over the next two years, per-capita income growth in emerging market and developing economies is projected to average 2.8%, a full percentage point lower than the 2010-2019 average.

Impact on Developing Countries

• The report highlights that the crisis facing development is intensifying as the global growth outlook deteriorates. Emerging and developing countries are facing a multi-year period of slow growth driven by heavy debt burdens and weak investment as global capital is absorbed by advanced economies.
• This will result in a weakness in growth and business investment, compounding the already-devastating reversals in education, health, poverty, and infrastructure, as well as the increasing demands from climate change. In Sub-Saharan Africa, which accounts for about 60% of the world’s extreme poor, growth in per capita income over 2023-24 is expected to average just 1.2%, a rate that could cause poverty rates to rise, not fall.

Advanced Economies

• Growth in advanced economies is projected to slow from 2.5% in 2022 to 0.5% in 2023. Over the past two decades, slowdowns of this scale have foreshadowed a global recession. In the United States, growth is forecast to fall to 0.5% in 2023, the weakest performance outside of official recessions since 1970. In 2023, Euro-area growth is expected at zero percent, and in China, growth is projected at 4.3% in 2023.

Emerging Market and Developing Economies

• Excluding China, growth in emerging market and developing economies is expected to decelerate from 3.8% in 2022 to 2.7% in 2023, reflecting significantly weaker external demand compounded by high inflation, currency depreciation, tighter financing conditions, and other domestic headwinds.
• By the end of 2024, GDP levels in emerging and developing economies will be roughly 6% below levels expected before the pandemic. Although global inflation is expected to moderate, it will remain above pre-pandemic levels.

Investment Growth

• The report also offers a comprehensive assessment of the medium-term outlook for investment growth in emerging market and developing economies. Over the 2022-2024 period, gross investment in these economies is likely to grow by about 3.5% on average—less than half the rate that prevailed in the previous two decades.
• The report suggests a menu of options for policymakers to accelerate investment growth, such as establishing sound fiscal and monetary policy frameworks and undertaking comprehensive reforms in the investment climate.

PRELIMS PERSPECTIVE

4. HENLEY PASSPORT INDEX 2022

TAGS: PRELIMS PERSPECTIVE- REPORT AND INDEXES

THE CONTEXT: Recently, the Henley Passport Index released the global ranking of world’s passport according to the number of destinations their holders can access without a prior visa.

THE EXPLANATION:

• According to the index, the strongest passport is defined by the number of countries people with a passport can visit visa-free or visa-on-arrival. The top 10 strongest passports in the world are:
  1. Japan (193)
  2. Singapore/South Korea (192)
  3. Germany/Spain (190)
  4. Finland/Italy/Luxembourg (189)
  5. Austria/Denmark/Netherlands/Sweden (188)
  6. France/Ireland/Portugal/United Kingdom (187)
  7. Belgium/Czech Republic/New Zealand/Norway/Switzerland/United States (186)
  8. Australia/Canada/Greece/Malta (185)
  9. Hungary/Poland (184)
  10. Lithuania/Slovakia (183)

India’s Position in the Index

• India ranks 85th on the index, up two places from last year’s 87th position. Despite having the world’s fifth-largest economy, Indian passport holders can access only 59 destinations worldwide and only 6.7% of global GDP, of which India’s own GDP accounts for about half. Indian passport holders have lost visa-free access to Serbia.
• Starting January 1, 2023, Indian passport holders are required to apply for a visa to enter the country, unlike in the past when visa-free travel to the country for 90 days was allowed. Indian passport holders can travel visa-free to 59 destinations such as Bhutan, Indonesia, Macao, Maldives, Nepal, Sri Lanka, Thailand, Kenya, Mauritius, Seychelles, Zimbabwe, Uganda, Iran, and Qatar. Some countries require visa-on-arrival.

VALUE ADDITION:

What is the Henley Passport Index?

• The Henley Passport Index is prepared by London-based Henley and Partners, a global citizenship and residence advisory firm. The index claims to be the “original ranking of all the world’s passports” and is updated quarterly according to countries’ visa policy changes.
• It gathers data from the International Air Transport Association (IATA), which manages inter-airline cooperation globally. The index covers 227 destinations and 199 passports and compares the visa-free access of 199 different passports to 227 travel destinations. If no visa is required, then a score with value = 1 is created for that passport. The same applies if you can obtain a visa on arrival, a visitor’s permit, or an electronic travel authority (ETA) when entering the destination.

5. POLYETHYLENE TEREPHTHALATE(PET)

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: Researchers from the University of Cambridge, the United Kingdom have recently developed a system that can transform polyethylene terephthalate (PET) plastic waste and greenhouse gases into sustainable fuels and other valuable products using solar energy.

THE EXPLANATION:

• The researchers developed an integrated reactor with two separate compartments: One for plastic and one for greenhouse gases.
• The reactor uses a light absorber based on perovskite – a promising alternative to silicon for next-generation solar cells.
• Tests of the reactor under normal temperature and pressure conditions showed the reactor could efficiently convert polyethylene terephthalate (PET) plastic bottles and CO2 into different carbon-based fuels such as CO, syngas or formate, in addition to glycolic acid.
• The reactor produced these products at a rate that is also much higher than conventional photocatalytic CO2 reduction processes.

What is Polyethylene terephthalate?

• It is a condensation polymer of ethylene glycol and terephthalic acid.
• The by-product of the reaction is water so it is an example of condensation or step-growth polymerization.
• PET Plastic is a thermoplastic synthetic substance which malleable under heat and can be placed into nearly any shape.

THE CONTEXT: There have been multiple allegations  against the Central Investigative Agencies from various quarters that  the Government of India is misusing them for political motives. One view is  that to prevent their misuse, more autonomy and independence should be provided to  these institutions. However, the Government claims that these institutions inherently have autonomy and independence as per their mandate. This article examines these issues in detail from the UPSC perspective.

AGENCIES IN THE NEWS

When any institution becomes a law unto itself, it becomes imperative to ensure that it is made answerable and accountable to society at large, and not just to the government. Over the years, disconcerting questions have arisen regarding the functioning of the Enforcement Directorate, Central Bureau of Investigation, and National Investigation Agency. For Instance- Recent questioning of AAM Aadmi Party leader- Manish Sisodia by the CBI. Thereby stating that this misuse is affecting the Federal structure of India, where the government in power infringes upon the rights of the state. The same is the case with ED and NIA. We will be analyzing the working of these three important agencies: CBI, ED, and the NIA which reflect the problems with other agencies as well.

MANDATE OF CBI, ED, AND NIA

CENTRAL BUREAU OF INVESTIGATION (CBI)

• It is the premier investigating police agency in India that functions under the superintendence of the Ministry of Personnel, Pension and Public Grievances, Government of India, which falls under the prime minister’s office.
• Thereby, CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, of 1946.
• It handles cases like:

1. Anti-Corruption Crimes under the Prevention of Corruption Act of 1988.
2. Economic Crimes like fake Indian Currency Notes, Bank Frauds, Import Export, and Foreign Exchange violations.
3. Other cases-Special Crimes, Suo Moto Cases, etc.

ENFORCEMENT DIRECTORATE(ED)

• The Directorate of Enforcement is a multi-disciplinary organization mandated with an investigation of offenses of money laundering and violations of foreign exchange laws.
• The statutory functions of the Directorate include the enforcement of the following Acts:

1. 1. The Prevention of Money Laundering Act, 2002 (PMLA)
   2. The Fugitive Economic Offenders Act, 2018 (FEOA)
   3. The Foreign Exchange Management Act, 1999 (FEMA)

NATIONAL INVESTIGATION AGENCY(NIA)

• NIA is the Central Counter-Terrorism Law Enforcement Agency of India mandated to investigate all the offenses affecting the sovereignty, security, and integrity of India.
• The Central Government for the trial of Scheduled Offenses constitutes one or more Special Courts under Section 11 and 22 of the NIA Act 2008.
• The scheduled offenses under NIA include the Narcotic Drugs and Psychotropic Substances Act, Unlawful Activities (Prevention) Act, etc.

CONCERNS RELATED TO THE WORKING OF INVESTIGATION AGENCIES

When any institution becomes a law unto itself, it becomes imperative to ensure that it is made answerable and accountable to the society at large, and not just to the government. Over the years, disconcerting questions have arisen regarding the functioning of Investigation agencies-

1. NATIONAL INVESTIGATION AGENCY (NIA)

The recent amendment in NIA has empowered the agency to investigate offenses related to-

●  human trafficking

●  offenses related to counterfeit currency or banknotes

●  manufacture or sale of prohibited arms

●  Cyber-terrorism

●  offenses under the Explosive Substances Act, of 1908

Now the Central Government can ensure that offenses under these headings are no longer investigated by the respective state’s police but by the NIA, which is seen as larger encroachment on federalism.

    2. CENTRAL BUREAU OF INVESTIGATION

POLITICIZATION OF INSTITUTION

• A bench headed by Justice R M Lodha described the CBI as a “caged parrot speaking in its master’s voice”
• Repeated transfers of officers led to a change in the direction of the investigation.
• In 2019, then CJI Ranjan Gogoi questioned the role of the CBI in “politically sensitive” cases, and said that it reflected “a deep mismatch between institutional aspirations” and “governing politics”.

STRUCTURAL ISSUES-

• CBI has been stymied both by the legal structure within which it functions and by the changes made by governments in the rules governing it. For instance-
• To prosecute any MLA, state minister, or MP, the CBI needs sanction from the Speaker of the state Assembly (in case of MLAs) or the Governor (for state ministers). In the case of an MP, a sanction is sought from the Speaker of Lok Sabha or Vice Chairman of Rajya Sabha. Since all these sanctioning authorities have links to the ruling dispensation, Opposition parties feel they are unfairly targeted.

FACE OFF WITH STATE POLICE-

• CBI enjoys the concurrent powers of investigation and prosecution for offenses that sometimes lead to duplication and overlapping of cases with state police forces.

LOOPHOLES IN INVESTIGATION-

• According to the latest annual report of the Central Vigilance Commission, nearly 6700 cases probed by the CBI were pending in different courts, 275 cases of them pending more than 20 years.
• The federal agency is normally required to complete an investigation in a year.

DEPENDENCY ON OTHER INSTITUTIONS-

• CBI depends on the Ministry of Home Affairs for staffing since many of its investigators come from the Indian Police Service.
• It depends on the Ministry of law and justice for lawyers.
• It depends on the Ministry of Finance for financial needs.
• It depends on State governments for invoking their authority to investigate cases in a State.

POLITICAL TUG-OF-WAR

• The mandate of agency has been constrained by the increasingly hostile relations between the Centre and the state governments. As many as nine states have withdrawn general consent to the CBI as they allege that the CBI is being used by the Centre to target the Opposition.
• Withdrawal of consent means CBI cannot investigate even a central government employee stationed in a state without the consent of the state government.

    3. ENFORCEMENT DIRECTORATE

POLITICIZATION

• The ED is alleged to be targeting those political leaders who do not belong to the ruling party/parties at the Centre. Even the past cases of these leaders have been reopened in order to pressurise them either to change parties or to curb dissent.

VIOLATING FEDERAL PRINCIPLES

• The division of power under the Schedule 7 of the Constitution places the responsibility for police and public order in the State List. But the power of ED to investigate cases without the state’s consent, especially in ordinary crimes, is against federal principles.

VIOLATION OF RULE OF LAW

• ED can carry out the pre-trial attachment of property and funds just on basis of reasons to believe the investigative authority and not concrete facts. So even without an investigation is complete, a person can be charged, and the property can be attached just because a complaint/investigation exists against him.
• It effectively means that though a citizen is presumed not guilty, he is deprived of control over his property, when the prosecution believes that it comes from tainted money, effectively destroying lives, families, and businesses, just on the basis of the investigator’s reason to believe and not on evidence.

IS AUTONOMISATION THE ANSWER TO THE PROBLEMS OF THE CIAS?

• Dissent and criticism are welcome in a democracy even if they are not fair at times. But when the opposition does nothing else but oppose and criticize, then it tends to become counterproductive and points toward the bankruptcy of intelligentsia within the opposition ranks. The opposition invariably charges these institutions of being under government control and thereby not being fair or unbiased in their functioning.
• If these institutions have come under greater scrutiny in the last few years, it is because of the high-decibel and unbridled political rhetoric practiced by the opposition against the government.
• The fact that these institutions are organs of the government of the day is an axiomatic truth. No government department can ever be totally and unquestionably independent in its work. It has to be remembered that these departments come into action on orders of the government and therefore they will also have to report back to the government periodically.
• The government of the day does not just exercise control, it is also responsible to the nation for the working of these departments. Till about two decades ago, these departments were not in the public eye to the same extent as they are today. The excessive debate over their work today is a result of the overflow of true and false information through all kinds of media, the right of Right to Information, and the regular press briefings of the department itself. Thus, today these institutions are under greater public scrutiny in whatever they do.
• There are no two views on the fact that these institutions must be afforded maximum autonomy for the best results. The onus for that lies with the government of the day. It should only exercise administrative control that does not interfere with its professional functioning. The expertise of such institutions should not be wasted on frivolous cases that can easily be resolved by local police authorities.
• Political leadership’s decisions may be influenced by political considerations at times. This is part of a democracy and will have to be accepted as long as it is in good faith and not against the interests of the nation.

LESSONS TO BE LEARNED FROM ED

The Enforcement Directorate (ED) has a set of powers that the CBI or other investigative agencies don’t have, making it the feared agency. These powers are

1. Under PMLA which ED deals with, a statement recorded before an investigation officer (IO) is admissible in court as evidence.

• Statements to police are otherwise not admissible in court. Only statements recorded before a magistrate are admissible.

2. All offenses under PMLA are non-bailable.
3. Unlike CBI or state police forces, the ED does not have its own lock-ups, so there are no special cells with ED for VIPs in its custody. People in ED custody go to the lock-up of the nearest police station, irrespective of their status. This means that VIPs being chased by ED don’t have a shred of comfort when in custody.
4. The burden of proof is on the accused. Unlike regular criminal law, it is the accused, not the prosecutor, that has to furnish the proof under PMLA which ED deals with.

FEDERAL BUREAU OF INVESTIGATION(FBI), USA

The FBI is the lead investigating agency in the USA, which sets an example for the whole world as to maintain transparency and accountability.

THE WAY FORWARD

• A high-level governing board should be set up for the CBI in which, apart from the prime minister and union home minister, four-five chief ministers of states may be appointed, by turn, to give broad guidelines and keep a watch over the working of the CBI. This will instill a sense of confidence in the states and help in building consensus in favor of a Central law for the CBI.
• In the Vineet Narain case, 1997 The Supreme Court laid down guidelines to ensure the independence and autonomy of the CBI and ordered that the CBI be placed under the supervision of the Central Vigilance Commission (CVC), an independent governmental agency intended to be free from executive control or interference.
• A comprehensive new central law should govern the working of the institutions. The law should specifically provide for the appointment of a special public prosecutor who will have full independence to deal with politically and nationally sensitive cases and take a stand in safeguarding the public interest.
• The Central Investigative Agencies should be brought fully under the Right to Information law, with a stipulation that no information pertaining to any ongoing investigation can be made available, but that all information pertaining to cases that were withdrawn, cases that were closed, or were dismissed by the court would be made available to the people. Such a social audit will go a long way in making both these institutions fully accountable.
• The selection of the directors of Central Investigative Agencies these institutions should be made by a committee presided over by the prime minister and comprise the home minister, the Lok Sabha speaker, the Rajya Sabha chairman, judges of supreme court and Leader of opposition.

THE CONCLUSION: What is at stake is more than just the image and credibility of the CBI. India’s image as a country committed to the rule of law itself needs to be refurbished nationally and internationally. The Central government can send a powerful message by setting the ball rolling without the loss of any further time.

MAINS PRACTICE QUESTION

Q.1 ‘Whether the allegations of misuse of Central Investigative Agencies can be tackled by their Autonomisation?’ Discuss.

Q.2 Discuss the loopholes in the institutional structure of Central Investigative Agencies in India. Suggest reforms to bridge the loopholes.

Q.3 Enforcement Directorate has a set of powers that make it a feared agency. Discuss.

INDIAN POLITY

1. DEMONETISATION VERDICT

TAGS: GS-II- INDIAN POLITY

THE CONTEXT: Recently, The Constitution bench of the Supreme Court in the majority opinion (4:1) upheld the Union Government’s demonetization order of 8th November 2016 to demonetize currency notes of Rs 500 and Rs 1,000.

THE EXPLANATION:

The majority of judges (4:1) accepted all arguments of the Union Government

• Section 26(2) of the Reserve Bank of India Act, 1934 gives the Union government the power to demonetize currency “on the recommendation of the Central Board” of the RBI.
• The majority view found that the word ‘recommendation’ would mean a consultative process between the Central Board and the Central Government.”
• The judges highlighted that it cannot be expected that the RBI and the Central Government acted in two isolated boxes. An element of interaction/consultation in such important matters cannot be denied.
• The majority verdict states that curbing fake currency, black money and terror funding are legitimate interests of the state and have a rational nexus with demonetization.
• The court said that the Centre is the best judge since it has all the inputs about fake currency, black money, terror financing & drug trafficking.
• The majority stated that the court cannot determine the effectiveness of the economic policy. It agreed with the Centre’s contention that the decision had to be made in secrecy and haste for it to be effective.

Justice B V Nagarathna disagreed with the reasoning and conclusions in the majority opinion

• The Justice stated that demonetization was a violation of Section 26(2) of the RBI Act as the recommendation for the demonetization originated from the Centre and not the RBI’s Central Board.

2. AMENDMENT RELATED TO ONLINE GAMING

TAGS: GS-II- INDIAN POLITY & GOVERNANCE

THE CONTEXT: Recently, the Union Ministry of Electronics and Information Technology proposed an amendment to bring online gaming under the regulations of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

THE EXPLANATION:

The proposed model is similar to the rules in place for digital news sites and streaming services under the IT Rules, 2021.

• The Ministry highlighted that the proposed framework will;
  o Boost the legitimate domestic online gaming industry.
  o Ensure greater transparency.
  o Promote Consumer protection and investor confidence.
• The All India Gaming Federation (AIGF) stated that it would reduce the State-wise regulatory fragmentation that was a big challenge for the industry.

Online Gaming Market in India

• A 2019 survey by the U.S.-based Limelight Networks found that India had the second-largest number of gamers after South Korea.
• The revenue of the Indian mobile gaming industry is expected to exceed $1.5 billion in 2022 and is estimated to reach $5 billion in 2025.
• The industry in the country grew at a CAGR of 38% between 2017-2020, as opposed to 8% in China and 10% in the US.
• It is expected to grow at a CAGR of 15% to reach Rs 153 billion in revenue by 2024. India’s percentage of new paying users (NPUs) in gaming has been the fastest growing in the world for two consecutive years, at 40% in 2020 and reaching 50% in 2021.
• According to a report by the Federation of Indian Chambers of Commerce & Industry (FICCI), transaction-based games’ revenues grew 26% in India, with the number of paying gamers increasing by 17% from 80 million in 2020 to 95 million in 2021.

ENVIRONMENT & ECOLOGY

3. ONE-HORNED RHINOS

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT & ECOLOGY

THE CONTEXT: Assam Chief Minister has recently announced that no rhinos were poached in the state in 2022.

THE EXPLANATION:

Rhino Population
The park’s Rhino population has also increased. Under the Indian Rhino Vision 2020 (IRV 2020), the Assam government decided to reintroduce rhinos in Manas National Park in 2005, and the first rhino was translocated to the park in 2006, from the Centre for Wildlife Rehabilitation and Conservation (CWRC) near Kaziranga National Park.

ABOUT ONE-HORNED RHINOS:

• Only the Great One-Horned Rhino is found in India.
• Also known as the Indian Rhino, it is the largest of the rhino species.
• It is identified by a single black horn and grey-brown hide with skin folds.
• They primarily graze, with a diet consisting almost entirely of grasses as well as leaves, branches of shrubs and trees, fruit, and aquatic plants.
• Conservation status:
• CITES Appendix I
• Wildlife Protection Act, 1972: Schedule I.

Types of Rhinos:

The Greater One-Horned Rhino is one among the five different species of Rhino. The other four are:

1. Black Rhino: Smaller of the two African species. (IUCN: Critically Endangered)
2. White Rhino: Recently, researchers have created an embryo of the northern white Rhino by using In-vitro Fertilization (IVF) process. (ICUN: Near Threatened)
3. Javan Rhino: Critically endangered in IUCN Red List.
4. Sumatran Rhino: Recently gone extinct in Malaysia, but Critically Endangered in IUCN Red List.

About Manas National Park

• Manas National Park is situated on the bank of the river men at the foothills of the Himalayas. The beautiful park is earlier known as North Kamrup wildlife sanctuary is spread over an area of 519.77 sq km and was declared a sanctuary on December 01, 1928. It was established as the core of the Manas Tiger Reserve in April 1973 and elevated to the position of a National Park status on September 7, 1990.
• The wildlife species found in the national park are Hispid Hare, Pigmy Hog, Golden Langur, Indian Rhinoceros, Asiatic Buffalo etc. Other commonly seen animals are elephants, Leopard, Clouded Leopard, Himalayan bears, Wild boars, Samber, Swamp Deer, Hog Deer etc.

VALUE ADDITION:
INDIAN RHINO VISION 2020 (IRV 2020)

• Launched in 2005.
• The initiative is led by the Forest Department, Government of Assam, in partnership with WWF India, the International Rhino Foundation.
• The goal of IRV2020 was to increase the rhino population in Assam to 3,000by, by establishing populations in new areas.
• Rhinos are now found in four Protected Areas in Assam: Pobitora Wildlife Reserve, Rajiv Gandhi Orang National Park, Kaziranga National Park, and Manas National Park.

4. NEW TECHNOLOGY TO FILTER MICRO-PLASTICS FROM WATER

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT & ECOLOGY

THE CONTEXT: Scientists from South Korea have developed a new water purification system that can quickly and efficiently filter out microplastics. Crucially, the polymer used is relatively inexpensive with excellent adsorption performance and good photothermal properties.

THE EXPLANATION:

• In an experiment, over 99.9 per cent of contaminants were taken out of the water in just 10 seconds.
• Microplastics have inundated the world, finding their way into the human food chain . While some traditional carbon-based filters can filter out microplastics, they have limitations — the adsorption rate is slow and they are not energy-efficient.
• The Korean team’s breakthrough system requires lower levels of energy, making it ideal for solar-based use. This is particularly useful for developing countries where power supply is inconsistent.

The Problem of Microplastics in Water

• Microplastics, tiny plastic particles that are less than 5mm in size, have become a global problem. They have been found in water bodies, soil, and air, and have even made their way into the human food chain.
• The presence of microplastics in water can have negative impacts on aquatic life and potentially on human health.

VALUE ADDITION:
Measures taken by government:

• India has pledged to ban all single-use plastics by 2022.
• All offices of central and state governments and major PSUs have been told to prohibit single-use plastic products.
• India has banned imports of solid plastic waste.
• India has passed the Plastic Waste Management Rules, 2016 and introduced the Extended Producer Responsibility.

Plastic Waste Management Rules, 2016

• It aims to increase minimum thickness of plastic carry bags from 40 to 50 microns.
• Expand the jurisdiction of applicability from the municipal area to rural areas, because plastic has reached rural areas also.
• Extended Producer Responsibility: To bring in the responsibilities of producers and generators, both in plastic waste management system and to introduce collect back system of plastic waste by the producers/brand owners, as per extended producers responsibility
• Introduced collection of plastic waste management fee through pre-registration of the producers, importers of plastic carry bags/multilayered packaging and vendors selling the same for establishing the waste management system
• Promote use of plastic waste for road construction as per Indian Road Congress guidelines or energy recovery, or waste to oil etc. for gainful utilization of waste and also address the waste disposal issue.

GOVERNMENT INTERVENTIONS

5. ‘SMART’ (SCOPE FOR MAINSTREAMING AYURVEDA RESEARCH IN TEACHING PROFESSIONALS) PROGRAM

TAGS: PRELIMS PERSPECTIVE-GS-II- GOVERNMENT INTERVENTIONS

THE CONTEXT: Recently, National Commission for Indian System of Medicine (NCISM) and Central Council for Research in Ayurvedic Sciences (CCRAS) under Ministry of Ayush launched ‘SMART’- scope for mainstreaming ayurveda research in teaching professionals programme.

THE EXPLANATION:

About ‘SMART’ (Scope for Mainstreaming Ayurveda Research in Teaching Professionals) Program:

• It is aimed to boost scientific research in priority healthcare research areas through Ayurveda colleges and hospitals.
• The proposed initiative is conceptualised with an objective to identify, support and promote innovative research ideas in healthcare research areas including Osteoarthritis, Iron Deficiency Anaemia, Chronic Bronchitis, Dyslipidemia, Rheumatoid Arthritis, Obesity, Diabetes Mellitus, Psoriasis, Generalised Anxiety Disorder, Non-alcoholic fatty liver disease (NAFLD).
• The eligible Ayurveda academic institutions may apply by 10 January, 2023.
• All details regarding contact information, eligibility criteria and application process has been shared to all recognized academic institutions and hospitals through NCISM.
• The ‘SMART’ program will motivate teachers for taking up projects in designated areas of healthcare research and create a large database.