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Distribution: weekly

  • Voice vote as constitutional subterfuge

    The article discusses the issue of undermining of the upper house by passing the certain bills through voice vote and use of money bill route.

    Passing of the Bill by voice vote

    • The Karnataka Prevention of Slaughter and Preservation of Cattle Bill was passed by the State’s Legislative Council by voice vote without any division.
    • The law was passed by the Council despite the lack of a majority.
    • There was no division vote based on actual voting as is usual and as the Opposition members had demanded.

    A new legislative precedent

    • Similar process was followed to pass the controversial farm laws (by the Rajya Sabha) in September 2020.
    • The pandemonium in the House caused by heated interventions by the Opposition was used as a pretext to resort to a voice vote.
    • The laws passed with a voice vote seem like a new template for bypassing the constitutionally envisaged legislative process.
    • Another process repeatedly used over the last few years to bypass the Upper House of Parliament is the Money Bill route.
    • The Aadhaar Bill was passed in this manner.
    • Other controversial laws such as those pertaining to electoral bonds, retrospective validation of foreign political contributions and the overhaul of the legal regime relating to tribunals have also been carried out through the Money Bill route.

    The Rajya Sabha’s role

    • The Lok Sabha is seen as directly representing the will of the people, and the Rajya Sabha as standing in its way.
    • The countervailing function of the Upper House is rarely seen as legitimate.
    • The Rajya Sabha has historically stopped the ruling party from carrying out even more significant legal changes.
    • The Rajya Sabha is imperfect, partly because of constitutional design.
    • And partly because obviously undesirable practices, such as members representing States they have no affiliation to, have been allowed to flourish.

    Importance of bicameralism

    • The very questioning of the monopoly of the Lower House to represent the ‘people’ makes bicameralism desirable, argues legal philosopher Jeremy Waldron.
    • In India, the fact that the Rajya Sabha membership is determined by elections to State Assemblies leads to a different principle of representation, often allowing different factors to prevail than those in the Lok Sabha elections.
    • John Stuart Mill had warned about a single assembly becoming despotic and overweening, if released from the necessity of considering whether its acts will be concurred in by another constituted authority.
    • The other merit of bicameralism is significant in a Westminster system like India, where the Lower House is dominated by the executive.
    • The Rajya Sabha holds the potential of a somewhat different legislative relation to the executive, making a robust separation of powers possible.

    Consider the question “Examine the importance of bicameralism in India. Why passage of certain bills as money bill is causing controversies?”

    Conclusion

    The important role played by the upper house needs to be recognised and respected in the legislative processess.

  • Why does India need Conclusive Land Titling?

     

    Land ownership in India

    • In India, land ownership is determined through various records such as sale deeds that are registered, property tax documents, government survey records, etc.
    • Land ownership is broadly defined by access to a land title.  Land Title is a document that determines the ownership of land or immovable property.
    • Having a clear land title protects the rights of the titleholder against other claims made by anyone else to the property.

    What is the news?

    • In 2020, even as laws for farm reform and labour code reform were being enacted, the government’s think tank, NITI Aayog, took steps to initiate land reforms.
    • A Model Bill on Conclusive Land Titling was sent to States and Union Territories last June seeking their comments.
    • In September, after many States failed to send in their feedback, the Centre warned that their agreement would be presumed.

    What is Conclusive Land Titling?

    • In a conclusive titling system, the government provides guaranteed titles and compensation in case of any ownership disputes.
    • Achieving this will require shifting to a system of registered property titles (as opposed to sale deeds) as the primary evidence of ownership, and having clear and updated land records.

    How does the current system work?

    • India currently follows a system of presumptive land titling.
    • This means that land records are maintained, with information on possession, which is determined through details of past transactions.
    • Ownership, then, is established on the basis of current possession. Registration of land is actually a registration of transactions, such as sale deeds, records of inheritance, mortgage and lease.
    • Holding registration papers does not actually involve the government or the legal framework guaranteeing the ownership title of the land.

    What will change in the new system?

    • On the other hand, under a conclusive land titling system, land records designate actual ownership.
    • The title is granted by the government, which takes the responsibility for accuracy.
    • Once a title is granted, any other claimant will have to settle disputes with the government, not the titleholder.

    Why is conclusive land titling needed?

    • The main advantage is that a conclusive system will drastically lower litigation related to land.
    • According to a 2007 World Bank study on ‘Land Policies for growth and poverty reduction’, land-related disputes accounted for two-thirds of all pending court cases in India.
    • A NITI Aayog study on strengthening arbitration estimated that disputes on land or real estate take an average time of 20 years in the courts to be resolved.

    A move for EODB

    • Right now, because land titles are based on transactions, people have to keep the entire chain of transaction records, and a dispute on any link in that chain causes ambiguity in ownership.
    • Once conclusive titling is in place, investors who want to purchase land for business activities will be able to do so without facing the constant risk that their owners may be questioned and their entire investment may go to waste.
    • Land disputes and unclear titling also create hurdles for infrastructure development and housing construction, leading to costly delays and inefficiency.

    Multiple benefits

    • In cities, urban local bodies depend on property taxes that can be levied properly only if there is clear ownership data available.
    • In rural areas, the need is even more acute. Access to agricultural credit is dependent on the ability to use the land as collateral.
    • Without being able to prove their ownership of land and access formal credit from banks, small and marginal farmers are often left at the mercy of unscrupulous moneylenders.

    What does the model Bill propose?

    • The Bill circulated by the NITI Aayog in 2020 calls for Land Authorities to be set up by each State government, which will appoint a Title Registration Officer (TRO),
    • TRO will prepare and publish a draft list of land titles based on existing records and documents.
    • This will be considered a valid notice to all potential claimants interested in the property, who will have to file their claims or objections within a set period of time.
    • If disputing claims are received, the TRO will verify all the relevant documents and refer the case to a Land Dispute Resolution Officer (LDRO) for resolution.

    Major hurdles

    • The biggest challenge is that land records have not been updated for decades, especially in rural and semi-urban areas.
    • Land records are often in the name of the grandparents of the current owner, with no proof of inheritance.
    • Unless they are based on updated records, conclusive land titles could create even more problems.
    • Comprehensive village-level surveys with community involvement are a necessary precursor to the land titling process.
    • Relying on current records or even satellite imagery will not provide the same accuracy as actual, on-the-ground, local surveys.

  • [pib] Who was Sant Ravidas?

    The President of India recently addressed the ‘Shri Guru Ravidas Vishva Mahapeeth Rashtriya Adhiveshan-2021’ in New Delhi.

    Try this PYQ from CSP 2019:

    Q.Consider the following statements:

    1.Saint Nimbarka was a contemporary of Akbar.

    2.Saint Kabir was greatly influenced by Shaikh Ahmad Sirhindi.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    Who was Sant Ravidas?

    • Ravidas was an Indian mystic poet-saint of the Bhakti movement and founder of the Ravidassia religion during the 15th to 16th century CE.
    • Venerated as a guru (teacher) in the region of Uttar Pradesh, Rajasthan, Maharashtra, Madhya Pradesh and mainly Punjab and Haryana. He was a poet-saint, social reformer and spiritual figure.
    • The life details of Ravidas are uncertain and contested. Scholars believe he was born in 1450 CE, in the cobbler caste.
    • Ravidas’s devotional Verses were included in the Sikh scriptures known as Guru Granth Sahib.
    • The Panch Vani text of the Dadupanthi tradition within Hinduism also includes numerous poems of Ravidas.
    • He taught the removal of social divisions of caste and gender and promoted unity in the pursuit of personal spiritual freedoms.

    Why his preaching is important?

    • Philosophy and values of Sant Ravidas like social justice, equality and fraternity have been imbued in our constitutional values.
    • He had envisaged a society that is based on equality and free from any kind of discrimination.
    • He gave it the name ‘Be-gampura’ (a city near Lahore) where there is no place for any kind of grief or fear.
    • Such an ideal city would be bereft of fear, vulnerability or scarcity. Rule of law based on the right ideas like equality and welfare of all would be the principle for governance.

  • Ramani Judgement

     

    Why the Ramani judgement matters

    • The verdict went beyond a mere refusal to convict Ramani for criminal defamation.
    • The verdict vindicated Ramani by accepting Ramani’s truth as a defence to the charge of defamation.
    • The verdict urged society to “understand that sometimes a victim may for years not speak up due to mental trauma,” and underlined that a woman has a right to speak up about the abuse, even after decades.
    • It pointed out that since sexual harassment typically takes place in private, women’s testimonies cannot be dismissed as untrue or defamatory simply because they are unable to provide other witnesses to back their allegations.
    • Institutional mechanisms have systemically failed to protect women or provide justice, the verdict reasoned.
    • Therefore, survivors are justified in sharing their testimonies on media or social media platforms as a form of self-defence.

    Right to dignity

    • The Ramani verdict points out that sexual abuse violates the constitutionally recognised rights to dignity (Article 21) and equality (Articles 14 and 15), and that (a man’s) right to reputation cannot be protected at the cost of (a woman’s) right to dignity. 
    • The Ramani verdict is a huge moral vindication of the #MeToo movement and will serve to deter powerful men from using the defamation law to silence survivors.

    Problem of institution

    • Sexual harassment is a problem of institutions rather than of individuals alone.
    • The world over, employers deploy sexual harassment as a means to discipline and control women workers.
    • In India and Bangladesh, at least 60 per cent of garment factory workers experience harassment at work.
    • In Guangzhou, China, a survey found that 70 per cent of female factory workers had been sexually harassed at work, and 15 per cent quit their jobs as a result.
    • For factory workers, domestic workers, street vendors, sanitation and waste workers, construction workers, sex workers, labour laws or laws against sexual harassment exist only on paper.

    Conclusion

    The women who spoke were unanimous that individual complaints were not an option, they needed unions to fight collectively. Women workers fighting sexual harassment, need more support and attention.

  • Big tech regulation and problems

    Article highlights the issues with the growing dominance of social media giants and challenges involved in regulating them.

    Issues to consider

    1) Conflict of interest

    • Many of the big tech companies were not, as they claimed, mere platforms.
    • This is because they began to curate and generate their own content, creating possible conflicts of interest.

    2) Monopoly power

    • There is a suspicion that big tech companies were acquiring more monopoly power leading to lack of free competition.
    • There is a conjunction of technology and finance here.
    • The more companies were valued, the more they needed monopoly rent extraction to be able to justify those valuations.

    3) Lack of accountability in algorithms

    • There was an irony in an opaque algorithm being the instrument of a free, open and equitable society.

    4) Mixed implications for distribution of wealth

    • While the companies had immense economic impact, their distributive implications were more mixed.
    • They empowered new players, but they also seem to destroy lots of businesses.
    • These companies themselves became the symbol of inequality of economic and political power.

    5) Lack of accountability and standards in regulating free speech

    • Big tech companies set themselves up almost as a sovereign power.
    • This was most evident in the way they regulated speech, posing as arbiters of permissible speech without any real accountability or consistency of standards.
    • The prospect of a CEO exercising almost untrammelled authority over an elected president only served to highlight the inordinate power  these companies could exercise.

    6) Effects of big tech on democracy and democratisation

    •  The social legitimacy of California Libertarianism came from the promise of a new age of democratic empowerment.
    • But as democracies became more polarised, free speech more weaponised, and the information order more manipulated, greater suspicion was going to be cast on this model.
    • All democracies are grappling with this dilemma.

    Big tech in Indian context

    • India will justifiably worry about its own economic interests.
    • India will be one of the largest bases of internet and data users in the world.
    • The argument will be that this should be leveraged to create iconic Indian companies and Indian value addition.
    • India can create competition and be more self-reliant in this space.
    • Pushing back against big tech is not protectionism, because this pushback is to curb the unfair advantages they use to exploit an open Indian market.
    • India can also justifiably point out that in China keeping out tech companies did not make much of a difference to financial flows or investment in other areas.

    The real challenge

    • It will be important to distinguish between regulations that are solving some real problems created due to Big tech, and regulation that is using this larger context to exercise more control.
    • It will be easier to address those issues if the government showed a principled commitment to liberty, commitment to root out crony capitalism, an investment in science and technology commensurate with India’s challenges, and a general regulatory independence and credibility.

    Consider the question “What are the challenges posed by the dominance of social media giants? Suggest the measures to deal with these challenges.”

    Conclusion

    We should not assume that just because big tech is being made to kneel, the alternative will be any better.

  • Australia vs Facebook Row

    The social media giant Facebook is locked in a battle with Australia over legislation that would require FB, Google to pay for news outlets.

    Row over the news on social media

    • Australia had proposed a law called the News Media and Digital Platforms Mandatory Bargaining Code Bill 2020.
    • It seeks to mandate a bargaining code that aims to force Google and Facebook to compensate media companies for using their content.

    Imagine if the case arises in India where tons of news channels and impulsive journalists are dying off hard to gather TRPs!

    Response from the ‘giants’

    • Google had threatened to make its search engine unavailable in Australia in response to the legislation, which would create a panel to make pricing decisions on the news.
    • Facebook responded by blocking users from accessing and sharing Australian news.

    Why countries are bringing such legislation?

    • Australia has launched a global diplomatic offensive to support its proposed law to force Internet giants Facebook and Google to pay media companies.
    • Google accounts for 53% of Australian online advertising revenue and Facebook for 23%.
    • The legislation sets a precedent in regulating social media across geographies and is being closely watched the world over.

    What is happening in other countries?

    • Australia’s proposed law would be the first of its kind, but other governments also are pressuring Google, Facebook and other internet companies to pay news outlets and other publishers for the material.
    • In Europe, Google had to negotiate with French publishers after a court last year upheld an order saying such agreements were required by a 2019 EU copyright directive.
    • France is the first government to enforce the rules, but the decision suggests Google, Facebook and other companies will face similar requirements in other parts of the 27-nation trade bloc.

    The ‘doubted’ reluctance

    • Last year, Facebook announced it would pay US news organizations including The Wall Street Journal, The Washington Post and USA Today for headlines.
    • In Spain, Google shut down its news website after a 2014 law required it to pay publishers.

    Why does this matter?

    • Developments in Australia and Europe suggest the financial balance between multibillion-dollar internet companies and news organizations might be shifting.
    • Australia is responding to complaints by news reports, magazine articles and other content that appears on their websites or is shared by users.
    • The government acted after its competition regulator tried and failed to negotiate a voluntary payment plan with Google.
    • The proposed law would create a panel to make binding decisions on the price of news reports to help give individual publishers more negotiating leverage with global internet companies.

    Not losing out revenue gain

    • Google’s agreement means a new revenue stream for news outfits, but whether that translates into more coverage for readers, viewers and listeners is unclear.
    • The union for Australian journalists is calling on media companies to make sure online revenue goes into newsgathering.

  • Mission ‘Lal Lakir’

    The Punjab state cabinet has approved the implementation of mission ‘Lal Lakir’.

    Try this MCQ:

    Q.The SVAMITVA Scheme sometimes seen in the news is related to:

    Urban Employment/ Land records management/ Child Adoption/ None of these

    Mission ‘Lal Lakir’

    • ‘Lal Lakir’ refers to land that is part of the village ‘abaadi’ (habitation) and is used for non-agriculture purposes only.
    • The mission is aimed at facilitating villagers to monetize property rights and availing benefits provided by government departments, institutions and banks in all villages across the state.
    • As no record of rights is available for such properties within the ‘Lal Lakir’, the same cannot currently be monetized as per the real value of the property and no mortgages can be created on such properties.
    • There are households within the ‘Lal Lakir’, which do not own property other than the areas within the ‘Lal Lakir’, and are thus at a disadvantage.

    An extension to SVAMITVA

    • Under the mission, the right of record of properties within ‘Lal Lakir’ in the villages of the state will be prepared with the cooperation of the government of India under the SVAMITVA scheme.
    • SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • This will enable mapping the land, households, habitation and all other areas falling within ‘Lal Lakir’.
    • It will go a long way in improving the living standard of villagers and boosting their self-esteem.

    Back2Basics: SVAMITVA

    • SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
    • The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
    • The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
    • Property Cards will be prepared and given to the respective owners.

  • NASA’s Perseverance rover makes historic Mars landing

    NASA’s rover Perseverance, the most advanced astrobiology laboratory ever sent to another world has landed safely on the floor of Jezero Crater on Mars.

    Last week, separate probes launched by the UAE (Hope Mission) and China (Tianwen-1) reached Martian orbit. NASA has three Mars satellites still in orbit, along with two from the European Space Agency.

    Perseverance Rover

    • The Perseverance rover weighs less than 2,300 pounds and is managed by NASA’s Jet Propulsion Lab.
    • It is a part of the mission named ‘Mars 2020’.
    • The rover’s mission will be to search for signs of past microbial life. It will also collect samples of Martian rocks and dust, according to the release.
    • All of NASA’s previous Mars rovers — including the Sojourner (1997), Spirit and Opportunity (2004) and Curiosity (exploring Mars since 2012) — were named in this way.

    Objectives of the mission

    • Looking for habitability: identify past environments capable of supporting microbial life.
    • Seeking bio-signatures: seek signs of possible past microbial life in those habitable environments, particularly in special rocks known to preserve signs over time.
    • Caching samples: collect core rock and regolith (“soil”) samples and store them on the Martian surface.
    • Preparing for humans: test oxygen production from the Martian atmosphere.

    Major components

    (a) Looking for underground water

    • Perseverance will carry the Radar Imager for Mars’ Subsurface Experiment (RIMFAX).
    • The instrument will look for subsurface water on Mars – which, if found, will greatly help the case for a human mission or the cause of a human settlement on Mars.

    (b) Testing a helicopter

    • The Mars Helicopter is a small drone. It is a technology demonstration experiment: to test whether the helicopter can fly in the sparse atmosphere on Mars.
    • The low density of the Martian atmosphere makes the odds of actually flying a helicopter or an aircraft on Mars very low.

    (c) Producing oxygen on Mars

    • Perseverance will have an instrument – MOXIE, or Mars Oxygen In-Situ Resource Utilization Experiment – that will use 300 watts of power to produce about 10 grams of oxygen using atmospheric carbon dioxide.
    • Should this experiment be successful, MOXIE can be scaled up by a factor of 100 to provide the two very critical needs of humans: oxygen for breathing, and rocket fuel for the trip back to Earth.

  • Hyderabad wins Global ‘Tree City’ Status

    Hyderabad city has received another feather in its cap by being chosen as one among the ‘Tree Cities of the World’.

    Tree Cities of the World

    • The Tree Cities of the World programme is an international effort to recognize cities and towns committed to ensuring that their urban forests and trees are properly maintained, sustainably managed, and duly celebrated.
    • This status is accorded by the Arbor Day Foundation jointly with the Food and Agriculture Organisation of the UN.
    • To receive recognition, a town or city must meet five core standards:
    1. Establish Responsibility
    2. Set the Rules
    3. Know What You Have
    4. Allocate the Resources and
    5. Celebrate the Achievements

    Try this question:

    Q.The Miyawaki Forests technique has to potential to revolutionize the concept of urban afforestation in India. Discuss.

    Why it is a great achievement?

    • Hyderabad is the only city in the country to have been selected for this recognition in response to its commitment to growing and maintaining urban forestry.
    • The recognition stands Hyderabad alongside 120 cities from 23 countries, including developed nations such as USA, UK, Canada, Australia and others.

  • [pib] Draft Blue Economy Policy of India

    The Ministry of Earth Sciences (MoES) has rolled out the Draft Blue Economy policy for India in the public domain inviting suggestions and inputs from various stakeholders.

    Blue Economy Policy

    • India’s draft blue economy policy is envisaged as a crucial framework towards unlocking country’s potential for economic growth and welfare.
    • The draft policy outlines the vision and strategy that can be adopted by the govt to utilize the plethora of oceanic resources available in the country.

    Objectives:

    The policy aims to-

    • Enhance the contribution of the blue economy to India’s GDP
    • Improve the lives of coastal communities
    • Preserve marine biodiversity and
    • Maintain the national security of marine areas and resources

    What comprises India’s blue economy?

    • India’s blue economy is understood as a subset of the national economy.
    • It comprises an entire ocean resources system and human-made economic infrastructure in marine, maritime, and onshore coastal zones within the country’s legal jurisdiction.
    • It aids the production of goods and services that have clear linkages with economic growth, environmental sustainability, and national security.
    • The blue economy is a vast socio-economic opportunity for coastal nations like India to utilize ocean resources for societal benefit responsibly.

    Need for such policy

    • With a coastline of nearly 7.5 thousand kilometres, India has a unique maritime position.
    • Nine of its 29 states are coastal, and the nation’s geography includes 1,382 islands.
    • There are nearly 199 ports, including 12 major ports that handle approximately 1,400 million tons of cargo each year.
    • Moreover, India’s Exclusive Economic Zone of over 2 million square kilometres has a bounty of living and non-living resources with significant recoverable resources such as crude oil and natural gas.
    • Also, the coastal economy sustains over 4 million fisherfolk and coastal communities.

    Key areas

    The policy recognizes the following seven thematic areas.

    1. National accounting framework for the blue economy and ocean governance.
    2. Coastal marine spatial planning and tourism.
    3. Marine fisheries, aquaculture, and fish processing.
    4. Manufacturing, emerging industries, trade, technology, services, and skill development.
    5. Logistics, infrastructure and shipping, including trans-shipments.
    6. Coastal and deep-sea mining and offshore energy.
    7. Security, strategic dimensions, and international engagement.