The potential use of drones in a terrorist incident or attack against a critical infrastructure and soft targets is a growing concern for law enforcement agencies worldwide.
India has also witnessed increased rogue drone activity along its Western border with Pakistan in the recent years with drones dropping weapons, ammunition and drugs.
Recent incidences of Drone Strikes
Drones have also been increasingly used in the Middle East, particularly in Iraq and Syria, by the US to carry out targeted assassinations.
Recently, many including two Indians were killed in Abu Dhabi in a drone attack claimed by Yemen’s Houthi rebels.
In 2020, Iranian general Qasem Soleimani, the most powerful figure in Iran after its supreme leader, was killed in a US drone strike in Iraq.
What are Drones?
In layman terminology, drones are unmanned flying machines that can be remotely controlled or fly autonomously through software-controlled flight plans in their embedded systems.
Section 2(h) of the new Draft Rules, 2021 defines drones as an aircraft without a pilot on board that can operate autonomously or can be operated remotely.
Significant applications of Drone Technology
Drones are a transformative technology. They have been and can be used in various areas such as:
Land mapping: The drone technology in the SVAMITVA scheme has helped about half a million village residents to get their property cards by mapping out the areas.
Emergency response: Drones are significant for the agencies such as the fire and emergency services wherever human intervention is not safe. It can perfectly save human efforts during disaster management.
Distant and remote delivery purposes: Recently, the Ministry of Civil Aviation has approved a project with the Telangana government for using drone technology to deliver vaccines in remote areas.
Agriculture: In the agriculture sector, micronutrients, hazardous pesticides can be spread with the help of drones. It can also be used for performing surveys for identifying the challenges faced by the farmers.
E- Commerce: Drones offer a perfect and cost-effective solution for delivery of products by e-com facilitators.
Monitoring: The railways are using drones for track monitoring. Telecom companies are using drones for monitoring the tower.
Security and defence: Drone system can be used as a symmetric weapon against terrorist attacks. They can be integrated into the national airspace system.
Threats posed by Drones
The operation of drones without any adequate legal backing can pose several security threats.
Espionage: Drones can be stealthily used for spying purposes.
Terror sponsoring: Procurement of combat drones by non-state actors poses serious threats.
Stealth in warfare: Drones can easily escape security checks due to its compact size.
Easy available weapons: Given the easy availability of advanced technology to the common man at a reduced cost and the proliferation of information via the Internet, this threat will invariably grow.
Cost effective: Drones are relatively cheaper in comparison to conventional weapons. Many open resources on DIY (do it yourselves) drones are available and thus can be easily assembled.
Destruction of security apparatus: They can be put to destructive use, to slam into critical targets, destroy infrastructure and so on.
Smuggling of arms: Incidents of arms being dropped by drones are also there such as the recent Jammu drone attacks.
Why are drones such stealthy?
Radar complicacies: Conventional air defence systems are less effective against drones and military radars are designed to track larger, fast-moving aircraft and cannot always pick up small, slow, low-flying drones.
Feasibility of securitization: It is not cost effective to use expensive anti-aircraft systems to shoot down these drones, which are typically cheap and can be easily devised.
Eyespoting not possible every time: Currently, border forces in India largely use eyesight to spot drones and then shoot them down. Drones can be easily disguised as bird or any other un-identified flying object.
India’s vulnerability: Terror sponsoring neighborhood
India is always subjected to continuous threats of cross border terrorism, drug trafficking and arms trafficking from Pakistan.
Sighting of drones near the India-Pakistan border and the Line of Control has been frequent these days.
We often get to hear news about Punjab Police seizing drones which dropped arms consignment, narcotic drugs supplies from Pakistan.
There were many drone-dropped arms consignments seized by the Indian police and security forces.
Way forward
As technology advances, security architects and countries have taken cognizance of this fact and are working on the technological as well as policy fronts to counter it.
The Defence Research and Development Organisation (DRDO) has developed a detect-and-destroy technology for drones, but it is not yet into mass production.
GPS technology can be imbibed and be inbuilt in drones so that they cannot enter in non flying area.
For installations such as oil refineries, power stations or military station a ‘mid segment model’ that includes primary and passive detection and soft kill options can be adopted.
Conclusion
Modern drones, in the hands of terrorists, could cause considerable panic and damage if not countered adequately.
Though drones pose a sub-tactical threat, it requires a strategic response. Entire threat perception has to be relooked.
It is essential to ensure that the security measures are set up in time so as to avoid any untoward occurrence or a major catastrophe.
The National Education Policy, 2020 has rightly highlighted the importance of early childhood care and education (ECCE), vital for the young child’s early cognitive, social, and emotional development.
Need for focus on early childhood care and education (ECCE)
The National Family Health Survey-5 (NFHS-5) finds only 13.6 per cent of children enrolled in pre-primary schools.
With its overriding focus on health and nutrition, ECCE has hitherto been the weakest link of the anganwadi system.
Multiple administrative duties have left anganwadi workers with little time for ECCE.
A child’s early learning begins at birth, initially through stimulation, play, interactions, non-verbal and verbal communication.
Unfortunately, due to a lack of parental awareness compounded by the daily stresses of poverty, disadvantaged households are unable to provide an early learning environment.
The existing system at best serves the age group of 3-6 years, ignoring infants and toddlers.
Way forward
1] A meaningful ECCE programme in anganwadis
A meaningful ECCE programme in anganwadis is not only a more intelligent and cost-effective strategy but is also feasible to implement through seven concerted actions.
1)Activity-based framework which reflect local context: To design and put in place a meaningful activity-based ECCE framework that recognises the ground realities with autonomy to reflect the local context and setting.
2) Remove non-ICDS work: Routine tasks of anganwadi workers can be reduced and non-ICDS work, such as surveys, removed altogether.
3)Extend Anganwadi time: Anganwadi hours can be extended by at least three hours by providing staff with an increase in their present remuneration, with the additional time devoted for ECCE.
Karnataka has already taken the lead; its anganwadis work from 9.30 am to 4 pm.
This will have the added benefit of serving as partial daycare, enabling poor mothers to earn a livelihood.
4) Change in policy mindset: ICDS needs a change in policy mindset, both at central and state levels, by prioritising and monitoring ECCE.
5) Engagement with parents: Anganwadi workers must be re-oriented to closely engage with parents, as they play a crucial role in the cognitive development of young children.
Responsive parenting requires both parents to play an active role in ECCE activities at home; therefore, anganwadi workers should be asked to consciously engage with fathers too.
Appropriate messaging and low-cost affordable teaching materials can be designed and made accessible to parents.
6) Activity-based play material: ICDS must supply age-appropriate activity-based play material in adequate quantities regularly, and anganwadi workers encouraged to utilise them in a liberal manner.
7) Invest in research and training: States should invest in research and training to support early childhood education, and ensure that the ECCE programme is not a downward extension of school education.
2] Pre-primary sections in government primary schools
Some educationists have suggested that owing to the high workload of anganwadi workers, ECCE in anganwadis would remain a non-starter.
Therefore, all government primary schools should open pre-primary sections, with anganwadis limiting themselves to the 0-3 age group.
Challenges: It would require a massive outlay to build over a million classrooms with a million nursery teachers and helpers — even a conservative estimate would put the additional annual outlay at over Rs 30,000 crore.
Moreover, with child stunting levels at 35 per cent in India, would children enrolled in pre-schools would require supplementary nutrition and health monitoring.
This would overburden the nursery teacher.
Conclusion
Nearly 1.4 million anganwadis of the Integrated Child Development Services (ICDS) across India must provide ECCE for the millions of young children in low-income households.
Ever since its introduction, the electoral bond scheme has envenomed the democratic process, by destroying altogether any notion of transparency in political funding.
Issue of anonymity in electoral bond
The electoral bond scheme is designed to allow an individual, or any “artificial juridical person”, including body corporates, to purchase bonds issued by the State Bank of Indiaduring notified periods of time.
These instruments are issued in the form of promissory notes, and in denominations ranging from ₹1,000 to ₹1 crore.
Once purchased, the buyer can donate the bond to any political party of their choice and the party can then encash it on demand.
Supreme Court’s opinion
The Supreme Court has allowed the scheme to continue unabated and has denied an interim stay on its operation.
In one such provisional order, the Court asserted that the bonds were not, in fact, anonymous.
According to the Court, since both the purchase and the encashment of bonds are made through banking channels, all it would take for a person to glean the identity of a donor was for her to look through every corporation’s financial statement — these records, the Court said, ought to be available with the Registrar of Companies.
What the order ignored was that there is no attendant obligation on political parties to provide details to the public on each donation received by them through electoral bonds.
Companies are also under no obligation to disclose the name of the party to whom they made the donation.
Violation of voter’s right
The Supreme Court has consistently held that voters have a right to freely express themselves during an election and that they are entitled to all pieces of information that give purpose and vigour to this right.
Surely, to participate in the electoral process in a meaningful manner and to choose one’s votes carefully, a citizen must know the identity of those backing the candidates.
Electoral bond does not eliminate the role of black money in funding elections
As affidavits filed by the Election Commission of India in the Supreme Court have demonstrated, the scheme, if anything, augments the potential role of black money in elections.
It does so by, among other things, removing existing barriers against shell entities and dying concerns from donating to political parties.
Moreover, even if the bonds were meant to eliminate the presence of unaccounted currency, it is difficult to see what nexus the decision to provide complete anonymity of the donor bears to this objective.
It is for this reason that the Reserve Bank of India reportedly advised the Government against the scheme’s introduction.
Conclusion
The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality. This is because in allowing anonymity it befouls the basis of our democracy and prevents our elections from being truly free and fair.
The Supreme Court has refused to lay down the criteria for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste and Scheduled Tribe candidates in government jobs.
What did the court held?
The court stuck firm by the decisions of its Constitution Benches in the Jarnail Singh and M. Nagaraj case that the question of adequate representation of SC/ST communities ought to be left to the respective States to determine.
It held ‘cadre’, and not class or group or the entire service, as the unit for the purpose of collection of quantifiable data for giving promotion quotas.
Why such decision?
Determination of inadequate representation depends upon myriad factors of states which this Court cannot envisage.
Laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State governments.
Quota in Promotions: A timeline
What was the case?
The Union government has been pressing for reservation in promotion proportionate to the population of SCs and STs as per a 1995 judgment by the top court in the RK Sabharwal case.
It wants it to be left open to the Centre and states to decide on promotional avenues for SCs and STs.
It claims that the condition regarding the collection of quantifiable data to show the inadequacy of representation of SCs/STs is “vague”.
Advocates representing the general category have contended that the reservation cannot be for an indefinite period and that it must stop as soon as the upper ceiling has been reached.
Further, they have emphasized that reservation in promotion should be cadre-based only after quantifiable data is collected and the creamy layer has been excluded.
Defying the need for quantifiable data
Attorney General sought to convince the court that the roster system, based on the proportionate population of SCs/STs, has been working quite well in all government departments.
The condition of collecting quantifiable data on inadequacy of representation of SCs/STs may not be required at all.
He urged that there is no need to verify any further or collect quantifiable data after the roster system.
What is the Nagraj Case?
Article 16(4A) of Indian Constitution allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state to collect quantifiable data showing inadequacy of representation in public employment.
This was to be done in addition to maintaining overall administrative efficiency.
Related amendments
77th Amendment: It introduced Clause 4A to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
81st Amendment: It introduced Clause 4B, which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year to find out whether the total quota has breached the 50% limit set by the Supreme Court.
82nd Amendment: It inserted a proviso at the end of Article 335 to enable the state to make any provision for SC/STs “for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
85th Amendment: It said reservation in the promotion can be applied with consequential seniority for the SC/ST employee.
Why such demand for quotas in promotion?
The Attorney General has said that it is tough for a member of the SC/ST to reach the ‘Group A’ category jobs.
The time has come for the apex court to firm up and draw the basis for reservation in promotions for SC/ST candidates to fill up vacancies in top jobs.
The Bench referred to records filed before it to note that there was low representation of SC/ST category in Group A jobs.
Instead of improving the situation in the Group A ranks, the court said, efforts are on to ensure adequate representation in Groups B and C.
NeoCov coronavirus found in bats may pose threat to humans in the future, scientists caution.
Coronavirus: A quick backgrounder
Coronaviruses are a large family of viruses that are known to infect animals and humans.
They are largely categorized into four genera — alpha, beta, gamma, and delta.
Broadly speaking, alpha and beta coronaviruses commonly infect mammals such as bats and humans, while Gamma and Delta mainly infect birds.
Infecting humans: Through ‘Zoonotic Spillover’
While animals, including bats, are generally considered as the reservoirs of coronaviruses, rarely spillover events could occur.
It is possible for viruses that infect animals to jump to humans, a process which is known as zoonotic spillover.
Many major infectious diseases, including COVID-19, is widely thought to be a result of spillover.
COVID-19 Pandemic
SARS-CoV-2, the coronavirus responsible for the COVID-19 pandemic, belongs to the genus of beta coronavirus.
It is in fact the 7th type of coronavirus known to infect and cause severe disease in humans.
How does it affect humans?
How a coronavirus latches onto special receptors on host cells depends on a key part of the virus known as its receptor-binding domain.
The differences in the receptor-binding domain of coronaviruses are therefore what determine the type of host receptor the virus will use and thus the host that it will be able to infect.
There are currently 4 well-characterized receptors for coronaviruses, including ACE2, which is used by SARS-CoV and SARS-CoV-2, and DPP4 used by MERS-CoV.
What is NeoCoV?
NeoCoV is a bat coronavirus that was first identified in 2011.
It was identified in a species of bats known as Neoromicia, which is where the name NeoCoV was derived from.
Commonly known as aloe bats, this species is distributed in the Afro-Malagasy region.
NeoCoV shares an 85% similarity to MERS-CoV in the genome sequence, making it the closest known relative of MERS-CoV.
Does NeoCoV infect humans and cause high mortality?
It is important to note that inherently, NeoCoV cannot interact with human receptors, implying that in its current form the virus cannot infect humans.
NeoCoV does not infect humans yet and has thus not caused any deaths.
What does the preprint say and why is it important?
The study reports that despite their similarity, MERS-CoV and NeoCoV use different receptors to infect cells.
The bat coronavirus NeoCoV was found to use bat ACE2 receptors for efficiently entering cells.
The interaction between NeoCoV and bat ACE2 receptors is different from what is seen in other coronaviruses that utilize ACE2.
However, specific mutations artificially created in the receptor-binding domain of NeoCoV can enhance its efficiency to interact with human ACE2 receptors.
These mutations have not yet been seen in NeoCov isolates from natural settings.
Conclusion
SARS-CoV-2 is not the first coronavirus to infect humans and cause large disease outbreaks, nor is it likely to be the last.
The study highlights that through further adaptation, coronaviruses like NeoCoV or other related viruses could potentially gain the ability to infect humans.
Way forward
To prevent future outbreaks, it will thus be important to monitor this family of viruses for potential zoonosis while continuing research efforts on understanding the complex receptor usage of different coronaviruses.
Genomic surveillance of human and animal viruses is, therefore, the key to understanding the spectrum of viruses, and possibly provides early warning to potential spillover events.
Try this question from CSP 2021:
Q. The term ACE2′ is talked about in the context of:
(a) genes introduced in the genetically modified plants
(b) development of India’s own satellite navigation system
(c) radio collars for wildlife tracking
(d) spread of viral diseases
[wpdiscuz-feedback id=”urgxa7d1zh” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]
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 seniorityin 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.
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.
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.
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.
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:
Direct and indirect taxes Loans taken by the Indian government
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:
Bank savings account of the various ministries/departments
National small savings fund, defense fund
National Investment Fund (money earned from disinvestment)
National Calamity & Contingency Fund (NCCF) (for Disaster Management)
Provident fund, Postal insurance, etc.
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.
