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  • [Burning Issue] Supreme Court Guidelines for Quotas in Promotions

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    Context

    The Supreme Court refused to lay down the “yardstick” for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste and Scheduled Tribe candidates in government jobs.

    The court’s judgement came in a batch of petitions from across the country seeking further clarity on the modalities for granting reservation in promotion.

    Current Scenario of Reservations in Promotions for SC/ST

    • The 2006 verdict on Nagaraj vs Union of India brought in a creamy layer filter for promotions for SC/ST employees.
    • Also, the judgement ruled that the state had to collect ‘quantifiable data on backwardness’ of the SC/ST class if it wished to provide reservation in promotions.
    • The judgement finally held that when it comes to promotion of SC/ST employees, the creamy layer concept does apply.
    • So now, only in direct recruitment of the SC/STs, the creamy layer concept does not apply.

    What does the Supreme Court rule?

    Cadre for Collecting Data

    • It held ‘cadre’ and not class, group or the entire service as the unit for the purpose of collection of quantifiable data for giving promotion quotas.
    • It said otherwise the entire exercise of reservation in promotions would be rendered meaningless if data pertaining to the representation of SCs and STs was done with reference to the entire service.

    No Yardstick

    • The question of adequate representation of an SC/ST community ought to be left to the respective States to determine and it cannot lay down any yardstick for determining the inadequacy of representation.

    Set Aside the Judgement in B.K. Pavithra Case (2019)

    • With the recognition of ‘cadre’ as the unit for collection of quantifiable data, the court set aside its earlier judgement in the B.K. Pavithra case.
    • SC held that the conclusion of this court approving the collection of data on the basis of groups and not cadres is contrary to the law laid down by the SC in Nagaraj and Jarnail Singh judgments.
    • The court held that the Nagaraj judgement would have “prospective effect.”

    Review Ordered

    • The SC ordered that a review had to be conducted regarding the data for the purpose of determining the inadequacy of representation in promotions.
    • However, the court left it to the Union government to fix a “reasonable” time for the States to conduct the review.

    What does the Constitution say on reservations?

    • Article 14 of the Constitution guarantees equality before the law and equal protection of laws to everyone.
    • Similarly, Article 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office. 
    • Article 15(1) generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth. 
    • However, Articles 15(4) and 16(4) state that these equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favor of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs).
    • Article 16(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.

    What do the precedents say?

    (1) Reservation in Promotions

    • The Central and the State Government since the 1950s have been following a policy of reserving seats in promotions in favours of SC and ST communities on the ground that they are not adequately represented at the decision making level of public services.

    (2) Mandal judgment/ Indra Sawhney case 1992

    • The Supreme Court’s Indra Sawhney vs Union of India(1992) has been hailed as a landmark judgment as it upheld reservations for Other Backward Classes (OBCs).
    • However, this judgment also held that reservations in appointments, under Article 16(4) of the constitution, don’t apply to promotions.
    • The Supreme Court upheld the Mandal Commission’s 27% quota for backward classes, as well as the principle that the combined SC, ST and backward-class beneficiaries should not exceed 50% of cap.
    • The court also struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes in 1992.
    • It held that, backward classes of the citizens of in Article 16(4) can be identified on the basis of caste and not only on the economic basis.
    • Reservation shall not exceed 50%. The court said that this rule should be applied every year. However, it may be relaxed in favour of people from far-flung and remote areas because of their peculiar conditions.
    • Carry forward rule is valid but it is subject to 50%. There should be NO reservation in the Promotions.

    (3) 77th and 85th Constitutional Amendment Acts

    • The Constitution (77th Amendment) Act, 1995
      • According to this Act, the Government has decided to continue the existing policy of reservation in promotion for the Scheduled Castes and Scheduled Tribes. 
      • It inserted Article 16(4A) which allows the State to provide reservations to SCs/STs in matters of promotion, as long as the State believes that this category of the marginalized populations –the SCs and STs – aren’t adequately represented.
    • The Constitution (85th Amendment) Act, 2001 provided for consequential seniority in the case of promotion by the virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.

    (4) Nagraj Case

    • In this case applying the creamy layer concept in SC/ST reservation in promotions, the SC reversed its earlier stance in the Indra Sawhney case (1992), in which it had excluded the creamy layer concept on SCs/STs (that was applicable on OBCs).
    • The SC had upheld the Constitutional amendments by which Articles 16 (4A) and 16 (4B) were inserted, saying they flow from Article 16 (4) and do not alter its structure.
    • It also laid down three conditions for promotion of SCs and STs in public employment.
      • The SC and ST community should be socially and educationally backward.
      • The SC and ST communities are not adequately represented in Public employment.
      • Such a reservation policy shall not affect the overall efficiency in the administration.
    • The court held that the government cannot introduce a quota in promotion for its SC/ST employees unless it proves that the particular community was backward, inadequately represented and providing reservation in promotion would not affect the overall efficiency of public administration.
    • The opinion of the government should be based on quantifiable data.

    (5) Jarnail Singh Case 2018

    • Later in 2018, in the Jarnail Singh case, SC modified the Nagaraj judgement to the extent that State need not produce quantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe community in order to provide quota in promotion in public employment.
    • The court had given a huge fillip to the government’s efforts to provide “accelerated promotion with consequential seniority” for Scheduled Castes/ Scheduled Tribes (SC/ST) members in government services.

    (6) Karnataka’s Extension of Consequential Seniority to Government servants Promoted on the Basis of Reservation act 2017

    • It was passed by the Karnataka Government to protect thousands of SC/ST employees who faced demotion in view of the 2017 judgment.
    • It allows the reservation in promotion for Scheduled Castes and Scheduled Tribes with consequential seniority(Consequential seniority is seniority given to employees from Scheduled Caste and Scheduled Tribe communities in government jobs as a consequence of reservation. It provides reservation in the first promotion as well as subsequent ones. This is not the case for general category employees).
    • It gives the state government to make rules to carry out the purpose of this act.
    • The repeals the Karnataka Determination of Seniority of the Government Servants Promoted on the basis of Reservation (to the posts in the civil services of the State) Act, 2002

    Arguments against Quota in Promotions

    • Not a Fundamental Right: The Supreme Court reiterated in a judgment that reservation in promotion in public posts cannot be claimed as a fundamental right.
    • Impact on Efficiency: Promotions to SCs and STs during appointments to services and promotions may make it difficult to maintain the efficiency of administration.
    • Redundancy of Reservation: The SCs and STs are getting the benefits of reservation in the appointments to various servicers. Therefore, it is undesirable and inefficient to provide quota in promotions for key posts.
    • Not a Compulsion for Government: The Constitution empowers the State to make reservation in matters of appointment and promotion in favour of the Scheduled Castes and Scheduled Tribes only “if in the opinion of the State they are not adequately represented in the services of the State”.

    Need for Quota in Promotions

    • Representation in Higher Echelons: The main reason for giving promotions in promotions is that there are very few SC/ST candidates in the higher echelons of government.
    • Proper Access to Opportunity: Centuries of discrimination and prejudice suffered by the SCs and STs in a feudal, caste-oriented societal structure poses real barriers of access to opportunity.
    • Constitutional Mandate: Constitution mandates realisation of substantive equality in the engagement of the fundamental rights with the directive principles
    • Special Measures Needed: Unless special measures are adopted for the SCs and STs in promotions also, the mandate of the Constitution for the consideration of their claim to appointment will remain illusory.
    • False Notion of Efficiency: The Constitution does not define what the framers meant by the phrase efficiency of administration. It is a stereotypical assumption that the promotees drawn from the SCs and STs are not efficient or that efficiency is reduced by appointing them.

    Why does reservation matter for equality?

    • Reservation is no more seen by the Supreme Court as an exception to the equality rule; rather, it is a facet of equality.
    • The terms “proportionate equality” and “substantive equality” have been used to show that the equality norm acquires completion only when the marginalized are given a legal leg-up.

     Substantive Equality under question

    • Formal equality is about treating all people alike and distributing resources equally among them.
    • However, someone at a disadvantage needs support to a greater extent than someone who is comfortably placed. Substantive equality recognizes this qualitative difference.
    • Unlike formal equality, it classifies the prospective beneficiaries on the basis of their need and the likely scope of benefit to them.
    • It takes into account people’s location along an axis of advantages and disadvantages. If substantive equality is part of our right to equality, it is untenable to insist that reservation is not a right.
    • While a limited interpretation of fundamental rights may be technically correct, it will not make for sound policy.

    Way forward

    • Meanwhile, calls for reform and ret­hinking reservation policies get louder; one question is whether there’s a need to continue with reservation and if benefits have reached targets.
    • The challenge for India is that while many sections of the society remain disadvantaged, political action has resulted in the relative discrimination within reserved groups.
    • As the reservation pie grows larger, in effect, it becomes a method of exclusion rather than inclusion.
    • It is time that India has to make a critical assessment of its affirmative action programs.
    • Simplification, legislative sunsets, and periodic reviews should be important principles in the redesign.

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  • [Sansad TV] Perspective: Candidates with Criminal Record

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    Context

    • Political parties in 5 states are pulling out the stops in their quest for winning candidates.
    • Most are even overlooking criminal backgrounds of candidates.
    • It is also a heated issue in some states like UP where contesting candidates have been accused of serious causing Riots, Communal Tensions and even Lynchings.

    Criminalization of politics: Indian Case

    • The criminalization of politics has become a headache for the Indian democracy and it is a harsh reality now.
    • Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.
    • Deep down, it’s a large nexus of police, money, corrupt bureaucracy, casteism, religion and the drawbacks of functioning in the election commission.

    Why are tainted candidates inducted by political parties?

    • Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
    • Popularity: Such candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
    • Prospected victory: The logic of a candidate with criminal charges doing better for the cause of people of is another flawed argument.
    • Destabilizing other electors: Others do not seek to punish these candidates in instances where they are in contest with other candidates with similar records.
    • Vested interests: Some voters tend to view such candidates through a narrow prism: of being able to represent their interests by hook or by crook.

    A harsh reality of Political Asylum

    • The NN Vohra committee’s report on the criminalization of politics discussed how criminal gangs flourish under the care and protection of politicians.
    • Many times the candidates themselves are the gang leaders.
    • This protection is paid back to them during elections through capital investment in election spending and voter support.

    Issues with Criminals in Politics

    • Morality of the process: It is extremely important that the people who enter the field of politics have a clear image and high moral character.
    • No rule of law: A leader with criminal character undoubtedly tends to undermine the rule of law.
    • Violation of right to equality: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
    • Problem of undertrial: An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.

    Supreme Courts guidelines in this regard

    The Supreme Court earlier in Feb 2020 had ordered political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections.

    • Reasons for nomination: It has also asked for the reasons that goaded them to field suspected criminals over decent people.
    • Publication of records: The information should be published in a local as well as a national newspaper as well as the parties’ social media handles.
    • 48hr time frame: It should mandatorily be published either within 48 hours of the selection of candidates or less than two weeks before the first date for filing of nominations, whichever is earlier.
    • Contempt for non-compliance: It also ordered political parties to submit compliance reports with the Election Commission of India within 72 hours or risk contempt of court action.
    • No escape: The judgment is applicable to parties both at Central and State levels.

    Immediate Reason for Judicial Action

    • The immediate provocation is the finding that 46% of MPs have criminal records.
    • The number might be inflated as many politicians tend to be charged with relatively minor offences —“unlawful assembly” and “defamation”.
    • The real worry is that the current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.

    Way forward

    (1) ECI suggestion on vendetta politics

    The ECI has suggested some safeguards against vendetta politics.

    • First, only offences that carry an imprisonment of at least 5 years are to be considered.
    • The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
    • And finally, a competent court must have framed the charges.

    (2) Speedy trials

    • An alternative solution would be to try cases against political candidates in fast-track courts.
    • The SC had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the CJs.

    (3) Legislative reforms

    • We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
    • There must be stringent criteria in Representation of Peoples Act as well.

    (4) Revamping Criminal Justice System

    • The criminal justice system must be revamped as recommended by the Malimath Committee.
    • An institution comprising representatives of the police/CBI/NIA, IB, IT department, Revenue Intelligence and Enforcement Directorate should be set up to monitor the activities of the mafia and criminal syndicates in the country.

  • What is Anti-Dumping Duty?

    India has initiated an anti-dumping probe against imports of a certain type of tiles, used for covering the floors in residential and commercial buildings, from China, Taiwan and Vietnam following a complaint by domestic players.

    Why in news?

    • Countries start anti-dumping probes to determine whether their domestic industries have been hurt because of a surge in cheap imports.
    • The dumping has caused material injury to the domestic players. If established, the Directorate General of Trade Remedies (DGTR) would recommend an anti-dumping duty on these imports.
    • As a countermeasure, they India would impose these duties under the multilateral regime of the World Trade Organisation (WTO).

    What is Dumping?

    • Dumping is a process wherein a company exports a product at a price that is significantly lower than the price it normally charges in its home (or its domestic) market.
    • This is an unfair trade practice which can have a distortive effect on international trade.
    • Anti dumping is a measure to rectify the situation arising out of the dumping of goods and its trade distortive effect.

    What is Anti-Dumping Duty?

    • An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value.
    • In order to protect their respective economy, many countries impose duties on products they believe are being dumped in their national market.
    • In fact, anti-dumping is an instrument for ensuring fair trade and is not a measure of protection per se for the domestic industry.
    • Such ‘dumped’ products have the potential to undercut local businesses and the local economy.
    • Anti-dumping duties provide relief to the domestic industry against the injury caused by dumping.

    Mechanism in India

    • The Department of Commerce recommends the anti-dumping duty, provisional or final.
    • The Department of Revenue in Finance Ministry acts upon the recommendation within three months and imposes such duties.

    WTO and Anti-Dumping Duties

    • The WTO operates a set of international trade rules, including the international regulation of anti-dumping measures.
    • It does NOT intervene in the activities of companies engaged in dumping.
    • Instead, it focuses on how governments can—or cannot—react to the practice of dumping.
    • In general, the WTO agreement permits governments to act against dumping if it causes or threatens material injury to an established domestic industry.

    Issues with such duties

    • Anti-dumping duties have the potential to distort the market.
    • In a free market, governments cannot normally determine what constitutes a fair market price for any good or service.

    Back2Basics:

    Countervailing duty (CVD)

    • Countervailing duty (CVD) is a specific form of duty that the government imposes in order to protect domestic producers by countering the negative impact of import subsidies.
    • CVD is thus an import tax by the importing country on imported products.
    • To make their products cheaper and boost their demand in other countries, foreign governments sometimes provide subsidies to their producers.
    • To avoid flooding of the market in the importing country with these goods, the government of the importing country imposes a countervailing duty, charging a specific amount on import of such goods.

    How does it work?

    • The duty nullifies and eliminates the price advantage (low price) enjoyed by an imported product when it is given subsidies or exempted from domestic taxes in the country where they are manufactured.
    • It raises the price of the imported product, bringing it closer to its true market price.
    • In this way, the government is able to provide a level playing field for domestic products.

     CVD and India

    • The World Trade Organization (WTO) permits the imposition of countervailing duty by its member countries.
    • In India, the CVD is imposed as an additional duty besides customs on imported products when such products are given tax concession in the country of their origin.

    Who imposes countervailing measures in India?

    • The countervailing measures in India are administered by the Directorate General of Anti-dumping and Allied Duties (DGAD), in the commerce and industry ministry’s department of commerce.

     

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  • What is America COMPETES Act?

    The US has unveiled the Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act of 2022 that proposes to open up new vistas for talented individuals from across the world with a new start-up visa.

    What is the COMPETES Act?

    • The bill provides $52 billion to encourage more semiconductor production in the US, and $45 billion for grants and loans to improve supply chain resilience and manufacturing, among other programs.
    • It also includes funding to address social and economic inequality, climate change, and immigration.
    • For instance, it provides an exemption for STEM PhDs from the green card cap and creates a new green card for entrepreneurs.
    • The bill also authorizes $600 million a year to construct manufacturing facilities to make the US less reliant on solar components made in Xinjiang, China.

    Key provisions in the Act

    • The Act amends the Immigration and Nationality Act to create a new classification of “W” non-immigrants for entrepreneurs with an ownership interest in a start-up entity.
    • It seeks to establish procedures for foreign nationals with an ownership interest in a start-up entity to self-petition for lawful permanent resident status as an immigrant entrepreneur.
    • The bill exempts from the numerical limits on immigrant visas certain foreign nationals (and the spouses and children of such aliens) who have earned a doctoral degree in STEM.

    Implications for Indians

    • It would mean more opportunities in the US for Indian talent, and for skilled workers.
    • Every year, the US administration issues 85,000 H-1B work permits.
    • Every year, Indians and Indian companies corner a lion’s share of the H-1B work permits issued that year.
    • With this new category, Indian professionals will likely have a better shot at opportunities that the Act is likely to provide.

     

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  • Govt tweaks spending norms for Contingency Fund of India

    The government has tweaked spending norms for Contingency Fund of India, allowing 40% of the total corpus to be placed at disposal of the Expenditure Secretary.

    What are the proposed changes?

    • Budget 2021-22 proposed to enhance the Contingency Fund of India from ₹500 crore to ₹30,000 crore through Finance Bill.
    • An amount equivalent to 40 per cent of the Fund corpus shall be placed at the disposal of the Secretary, Ministry of Finance, Department of Expenditure.
    • This would serve the purpose of meeting unforeseen expenditure.

    What is Contingency Fund of India?

    • Contingency is a negative event which may occur in future, like recession or pandemic.
    • The Constitution has a provision for a contingency fund. Its corpus is always kept intact.
    • Article 267 of the Constitution mandates formation of a corpus under Contingency Fund of India to deal with any emergency situation.
    • It is placed at the disposal of the President of India.
    • Government cannot withdraw funds from it without authorization of the Parliament.
    • And the corpus has to be replenished with the same amount later.

    Management of the fund

    • The fund is held by the Department of Economic Affairs on behalf of the President of India and it can be operated by executive action.
    • The fund can be increased through a Finance Bill when Parliament is in the session.
    • Or through Ordinance if the House is not in session and situation warrants.
    • Withdrawal from the fund takes place with the approval of the Secretary of Department of Economic Affairs, in terms of the Contingency Fund of India Act, 1950.
    • An amount equivalent to 40% of the corpus has now been placed at the disposal of the Expenditure Secretary.
    • All further Contingency Fund releases beyond this limit will require the approval of the Expenditure Secretary in addition to the Economic Affairs Secretary’s approval.

    Back2Basics:

    Consolidated Funds of India

    • The provision for this fund is given in Article 266(1) of the Constitution of India.
    • The government meets all its expenditure from this CFI.
    • It receives money from:
    1. Direct and indirect taxes Loans taken by the Indian government
    2. Returning of loans/interests of loans to the government by anyone/agency that has taken it
    • The government needs parliamentary approval to withdraw money from this fund.
    • Each state has its own Consolidated Fund of the state with similar provisions.
    • The Comptroller and Auditor General of India audits these funds and reports to the relevant legislatures on their management.

    Public Account of India

    • All other public money (other than those covered under the Consolidated Fund of India) received by or on behalf of the Indian Government are credited to this account/fund.
    • It is constituted under Article 266(2) of the Constitution.
    • This is made up of:
      1. Bank savings account of the various ministries/departments
      2. National small savings fund, defense fund
      3. National Investment Fund (money earned from disinvestment)
      4. National Calamity & Contingency Fund (NCCF) (for Disaster Management)
      5. Provident fund, Postal insurance, etc.
      6. Similar funds
    • The government does not need permission to take advances from this account.
    • Each state can have its own similar accounts.
    • CAG makes audit of all the expenditure from the Public Account of India.

     

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  • What are Padma Awards?

    The central government has announced the names of Padma awardees for this year.

    What are Padma awards?

    • The Padma awards are the highest civilian honor of India after the Bharat Ratna.
    • They are announced every year on the eve of Republic Day.
    • The awards are given in three categories:
    1. Padma Vibhushan (for exceptional and distinguished service)
    2. Padma Bhushan (distinguished service of higher order) and
    3. Padma Shri (distinguished service)
    • The award seeks to recognize achievements in all fields of activities or disciplines where an element of public service is involved.

    Note: During the years 1978 and 1979 and 1993 to 1997, Padma awards were not announced.

    Who are the awardees?

    • The awards are given in certain select categories which include Art, Social Work, Public Affairs, Science & Engineering, Trade & Industry, Medicine, Literature & Education, Civil Service and Sports.
    • Awards are also given for propagation of Indian culture, protection of human rights, wild life protection among others.

    Its constitution

    • The PADMA Awards were instituted in 1954 along with Bharat Ratna.
    • At that time only Padma Vibhushan existed with three sub-categories – Pahela Varg, Dusra Varg and Tisra Varg.
    • These were subsequently renamed as Padma Vibhushan, Padma Bhushan and Padma Shri vide Presidential Notification issued on January 8, 1955.

    Particulars of the awards

    • The awardees do not get any cash reward but a certificate signed by the President apart from a medallion which they can wear at public and government functions.
    • The awards are, however, not a conferment of title and the awardees are expected to not use them as prefix or suffix to their names.
    • A Padma awardee can be given a higher award only after five years of the conferment of the earlier award.

    Terms of awarding

    • Not more than 120 awards can be given in a year but this does not include posthumous awards or awards given to NRIs and foreigners.
    • The award is normally not conferred posthumously.
    • However, in highly deserving cases, the Government could consider giving an award posthumously.

    Who is eligible for Padma awards?

    • All persons without distinction of race, occupation, position or sex are eligible for these awards.
    • However, government servants including those working with PSUs, except doctors and scientists, are not eligible for these awards.
    • The award seeks to recognize works of distinction and is given for distinguished and exceptional achievements or service in all fields of activities and disciplines.
    • According to Padma awards selection criteria, the award is given for “special services” and not just for “long service”.
    • It should not be merely excellence in a particular field, but the criteria has to be ‘excellence plus’.

    Who nominates the awardees?

    • Any citizen of India can nominate a potential recipient.
    • One can even nominate one’s own self. All nominations are to be done online where a form is to be filled along with details of the person or the organisation being nominated.
    • An 800-word essay detailing the work done by the potential awardee is also to be submitted for the nomination to be considered.
    • The government also writes to various state governments, governors, Union territories, central ministries and various departments to send nominations.

    Who selects the awardees?

    • All nominations received for Padma awards are placed before the Padma Awards Committee, which is constituted by the Prime Minister every year.
    • The Padma Awards Committee is headed by the Cabinet Secretary and includes Home Secretary, Secretary to the President and four to six eminent persons as members.
    • The recommendations of the committee are submitted to the Prime Minister and the President of India for approval.
    • The antecedents of the selected awardees are verified using the services of central agencies to ensure nothing untoward has been reported or come on record about them.
    • A final list is then prepared and announced.

    Is the recipient’s consent sought?

    • There is no provision for seeking a written or formal consent of the recipient before the announcement of the award.
    • However, before the announcement, every recipient receives a call from the Ministry of Home Affairs informing him or her about the selection.
    • In case the recipient expresses a desire to be excluded from the award list, the name is removed.

     

    Try this question from CSP 2021

    Q.Consider the following statements in respect of Bharat Ratna and Padma Awards

    1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
    2. Padma wards, which were instituted in the year 1954, were suspended only once.
    3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.

    Which of the above statements are not correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”q2fw95675q” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Corruption Perceptions Index (CPI), 2021

     

    The 2021 Corruption Perception Index by Transparency International places India 85th on a list of 180 countries, one position above last year.

    Corruption Perceptions Index (CPI)

    • The CPI is an index which ranks countries “by their perceived levels of public sector corruption, as determined by expert assessments and opinion surveys.”
    • The CPI generally defines corruption as an “abuse of entrusted power for private gain”.
    • The index is published annually by the non-governmental organisation Transparency International since 1995.
    • The index ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and business people.
    • It uses a scale of 0 to 100 to rank CPI, where 0 is highly corrupt and 100 is very clean.

    What kind of corruption does the CPI measure?

    The data sources used to compile the CPI specifically cover the following manifestations of public sector corruption:

    • Bribery
    • Diversion of public funds
    • Officials using their public office for private gain without facing consequences
    • Ability of governments to contain corruption in the public sector
    • Excessive red tape in the public sector which may increase opportunities for corruption
    • Nepotistic appointments in the civil service
    • Laws ensuring that public officials must disclose their finances and potential conflicts of interest
    • Legal protection for people who report cases of bribery and corruption
    • State capture by narrow vested interests
    • Access to information on public affairs/government activities

    The CPI does NOT cover:

    • Citizens’ direct perceptions or experience of corruption
    • Tax fraud
    • Illicit financial flows
    • Enablers of corruption (lawyers, accountants, financial advisors etc)
    • Money-laundering
    • Private sector corruption
    • Informal economies and markets

    Highlights of the 2021 Report

    • The top-performing countries were Denmark, Finland and New Zealand — all having a corruption perceptions score of 88 — followed by Norway, Singapore and Sweden, all of them scoring 85.
    • In contrast, the worst-performing countries were South Sudan with a corruption perceptions score of 11, followed by Syria (13), Somalia (13, Venezuela (14) and Afghanistan (16).

    India’s performance

    • In 2021, India ranked 86th with the same CPI score of 40.
    • The report highlighted concerns over the risk to journalists and activists who have been victims of attacks by the police, political militants, criminal gangs and corrupt local officials.
    • Civil society organizations that speak up against the government have been targeted with security, defamation, sedition, hate speech and contempt-of-court charges, and with regulations on foreign funding.

     

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  • Who are the Chakmas and Hajongs?

    In Arunachal Pradesh, the Chakma and Hajong people are feeling heat since the State government decided to conduct a special census in December 2021.

    What is the news?

    • The North-Eastern States have had a history of being paranoid about outsiders outnumbering the indigenous communities and taking their land, resources and jobs.
    • The threat from “non-locals” in a specific area has also been perceived to be from communities indigenous elsewhere in the region.
    • This has often led to conflicts such as the recent attacks on non-tribal people in Meghalaya’s capital Shillong or an Assam-based group’s warning to a fuel station owner in Guwahati against employing Bihari workers.

    Who are the Chakmas and Hajongs?

    • The Chakmas and Hajongs of Arunachal Pradesh are migrants from the Chittagong Hill Tracts of erstwhile East Pakistan, now Bangladesh.
    • Displaced by the Kaptai dam on the Karnaphuli River in the 1960s, they sought asylum in India.
    • They settled in relief camps in the southern and south-eastern parts of Arunachal Pradesh from 1964 to 1969.
    • A majority of them live in the Changlang district of the State today.
    • Mizoram and Tripura have a sizeable population of the Buddhist Chakmas while the Hindu Hajongs mostly inhabit the Garo Hills of Meghalaya and adjoining areas of Assam.

    Why was a special census of the two communities planned?

    • The Arunachal Government has cited to resolve the protracted issue of racial antagonism.
    • It seeks to rehabilitate the Chakma-Hajongs in other States.
    • The census plan was however dropped after the Chakma Development Foundation of India petitioned the PMO.

    Issues with the census

    • Chakma organizations said the census was nothing but racial profiling of the two communities because of their ethnic origin and violated Article 14 of the Indian Constitution.
    • It is against Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination, ratified by India.

    What is their citizenship status?

    • Members of the two communities had been settled in Arunachal Pradesh six decades ago with a rehabilitation plan, allotted land and provided with financial aid depending on the size of their families.
    • Although local tribes claim the population of the migrants has increased alarmingly, the 2011 census says there are 47,471 Chakmas and Hajongs in the State.
    • They are granted citizenship by birth under Section 3 of the Citizenship Act, 1955, after having been born before July 1, 1987, or as descendants of those who were born before this date.

     

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  • Specie in news: Spot-billed Pelicans

    A nematode infestation has led to mass mortality of spot-billed pelicans (Pelicanus philippensis) at Telineelapuram Important Bird Area (IBA) in Andhra Pradesh.

    Spot-billed Pelicans

    • The spot-billed pelican (Pelecanus philippensis) or grey pelican is a member of the pelican family.
    • It breeds in southern Asia from southern Iran across India east to Indonesia.
    • It is a bird of large inland and coastal waters, especially large lakes.
    • The breeding population of these pelican species is limited to India, Sri Lanka and Cambodia.
    • In the non-breeding season they are recorded in Nepal, Myanmar, Thailand, Laos and Vietnam.

    Conservation status

    • IUCN status: Near Threatened
    • Wildlife (Protection) Act, 1972: Schedule IV (Hunting prohibited but the penalty for any violation is less compared to the first two schedules)

     

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  • Dealing with the macroeconomic uncertainties

    Context

    Macroeconomic uncertainties are mounting.

    Impact of US Fed’s decision

    • Against the backdrop of possible interest rate hikes by the U.S. Federal Reserve and the taper tantrum, there is pressure on the Reserve Bank of India (RBI) to increase its interest rates to prevent capital outflows.
    • The monetary policy corridor is still “accommodative” to support the growth recovery.
    • Globally, central banks have started increasing the interest rates.

    Macroeconomic uncertainties

    1] Inflationary pressure

    •  In India, the wholesale price index (WPI) inflation rose to a record high of 14.32% in November 2021 as per the data released by the Ministry of Commerce and Industry.
    • The consumer price index (CPI) inflation now is 5.03%, though that is still within the comfort zone of the inflation targeting framework envisaged in India’s new monetary framework.
    • The official nominal inflation anchor in India is 4%, with a band of variations of +/- 2. 

    2] Absorbing excess liquidity

    • The RBI Financial Stability Report, published on December 29, 2021, revealed a possible worsening of the gross non-performing asset (GNPA) ratio of scheduled commercial banks — from 6.9% in September 2021 to 9.5% by September 2022.
    • Absorbing the excess liquidity that was injected to stimulate growth as part of the pandemic response is crucial to reversing trends in non performing assets (NPAs).
    • Absorption of excess liquidity was attempted by increasing the cut-off yield rate of variable rate reverse repo (VRRR) to 3.99%, and curtailing the government securities acquisition programme.

    3] Interest rate structure and implications for government borrowing

    •  The call money market rates are below the repo rate.
    • The bond yields are increasing ahead of the Union Budget 2022-23.
    • The rise in bond yields will result in higher borrowing costs for the Government.

    Way forward for fiscal policy

    • Maintain accommodative policy stance: Given these macroeconomic uncertainties, maintaining an accommodative fiscal policy stance in the upcoming Union Budget for FY23 is crucial for a sustainable recovery.
    • Don’t focus on fiscal consolidation: Any attempt at fiscal consolidation at this juncture employing capital expenditure compression rather than a tax buoyancy path can adversely affect economic growth. 
    •  Public investment — infrastructure investment in particular — is a major growth driver through “crowding-in” of private corporate investment.
    • Strengthening investments in the health-care sector is crucial at this juncture as a prolonged lockdown can accentuate the current humanitarian crisis and deepen economic disruptions.
    • When credit-linked economic stimulus has an uneven impact on growth recovery, the significance of fiscal dominance cannot be undermined.
    • Address unemployment: Rising unemployment needs to be addressed through an urgent policy response that strengthens job guarantee programmes.

    Conclusion

    The upcoming Union Budget for 2022-23 should maintain an accommodative fiscal stance in order to support the sustainability of the economic growth process and also for financing human development.

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