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GS Paper: GS2

  • Enhancing the credibility of the Election Commission (ECI)

    Election Commission

    Context

    • A vital issue of national importance dominating the headlines for the last three days is the PIL in the Supreme Court regarding the autonomy and neutrality of the Election Commission of India (ECI).

    Election Commission

    Constitutional mandate for Election Commission of India (ECI).

    • The Constitution intended the Election Commission to be fiercely independent and vested it with enormous powers of superintendence, direction and control over all elections.
    • The apex court has repeatedly adjudged these powers to be absolute and unquestionable.
    • It has declared Article 324 to be the reservoir of all powers of the ECI and has repeatedly declared free and fair elections to be part of the basic structure of the Constitution.

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    Back to basics: Appointment & Tenure of Commissioners

    • The President has the power to select Chief Election Commissioner and Election Commissioners.
    • They have tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
    • The Chief Election Commissioner can be removed from office only through accusation by Parliament.
    • Election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

    What are the issues regarding the appointment of the Election commissioners?

    • Flawed system of appointment of the Election Commissioners: They are appointed unilaterally by the government of the day.
    •  B. R. Ambedkar’s remark on tenure: Tenure B R Ambedkar’s statement to the Constituent Assembly “the tenure can’t be made a fixed and secure tenure if there is no provision in the Constitution to prevent a fool or a naive or a person who is likely to be under the thumb of the executive”
    • Uncertainty over the elevation: Uncertainty over the elevation of an Election Commissioner to the post of CEC, which makes them vulnerable to government pressure. They consider themselves on probation, always conscious of how their conduct is viewed by the government, which can exploit this fear. Since all three members have equal voting rights and all decisions in the commission are taken by the majority, the government can even control an independent-minded CEC through the majority voting power of the two Election Commissioners.

    Election Commission

    What are the demands for the appointment of EC’s?

    • Appointments through a broad-based consultation: There has been a demand for appointments through a broad-based consultation, including parliamentary scrutiny.
    • The Proposed mechanism: A collegium consisting of the Prime Minister, leader of the Opposition (LOP) and the Chief Justice of India (CJI).This system is already in operation for the appointment of the Central Vigilance Commissioner, Chief Information Commissioner and Director of the Central Bureau of Investigation.
    • The probable benefit of this mechanism: This will obviate the possibility of allegations against the incumbent of being partisan to the government. Opposition parties would not be able to raise a finger against the incumbent since the LOP would be a party to the selection.
    • Collegium system for appointing Election Commissioners: In its 255th Report, the Law Commission of India also recommended a collegium system for appointing Election Commissioners. Political stalwarts and many former CECs including BB Tandon, N Gopalaswami, TS Krishnamurthy supported the idea.
    • Extending protection to Election Commissioners: At present, only the CEC is protected from being removed (except through impeachment). One has to remember that the Constitution enabled protection for the CEC as it was initially a one-man Commission. Logically, this should have been extended to the other two Commissioners, who were added in 1993, as they collectively represent the ECI.

    Memory shot: Constitutional Provisions in short

    • 324: Functions of EC and its composition.
    • 325: One general electoral roll and equality among the citizens.
    • 326: Adult suffrage.
    • 327: Power to Parliament: To make provisions with respect to elections to federal and State Legislatures.
    • 328: Power to State Legislature: To make laws with respect to elections to such legislature.
    • 329: Bars interference by courts in electoral matters. Notwithstanding anything said in the constitution i.e., validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies shall not be called in question in any court.

    Election Commission

    Added Information: Conditions for filing an Election Petition

    • No election to either House of Parliament or either House of the Legislature of a State shall be called in question except by an election petition.
    • Any elector or candidate can file an election petition on grounds of malpractice during the election.
    • In respect of elections to the Parliament and State Legislatures, they can only be filed before the High Court.
    • In respect of elections for the offices of President and Vice President, such petitions can only be filed before the Supreme Court.

    Conclusion

    • The recent questions raised about the ECI’s credibility are certainly worrisome. An ECI in office with the express consent of both the ruling and opposition parties is a great opportunity to convince the country and all the parties contesting the elections of its neutrality and impartiality.

    Mains Question

    Q. Election Commission of India, the most powerful in the world, is said to have the most flawed appointment system. What are the concerns and demands raised from time to time? Discuss

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  • Government forms panel to look into MGNREGA’s efficacy

    mgnrega

    The Central government has constituted a panel to review the implementation and assess efficacy as a poverty alleviation tool of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme.

    About the review committee

    • The committee is headed by former Rural Development secretary Amarjeet Sinha.
    • It had its first meeting on November 21, 2022, and has been given three months to submit its suggestions.
    • It is tasked to study the various factors behind demand for MGNREGA work, expenditure trends and inter-State variations, and the composition of work.
    • It will suggest what changes in focus and governance structures are required to make MGNREGA more effective.

    What is MGNREGA?

    • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is labour law and social security measure that aims to guarantee the Right to Work’.
    • The act was first proposed in 1991 by V. Narasimha Rao.

    What is so unique about it?

    • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGA is a legal entitlement.

    Why is MGNREGS under fire these days?

    • Not enough work: Bihar despite its levels of poverty, does not generate enough work to make a concrete difference, and on the other end of spectrum we have Kerala which is economically better but has been utilising it for asset creation.
    • No asset creation: There is a lack of tangible asset creation. The committee will study if the composition of work taken up presently under the scheme should be changed.

    Issues in implementation

    • Insufficient budgetary allocations: Increase in the nominal budget but actual budget (after adjusting inflation) decreased over the years.
    • Approved Labour Budget Constraints: The Centre through the arbitrary “Approved Labour Budget” has reduced the number of days of work and put a cap on funds through the National Electronic Fund Management System
    • Not so attractive wages rate: Currently, MGNREGA wage rates of 17 states are less than the corresponding state minimum wages.
    • Delay in wage payments: Under the MGNREGA, a worker is entitled to get his or her due wages within a fortnight of completion of work, failing which the worker is entitled to the compensation.
    • No-work situations are rising: None of the states was able to provide full 100 days employment as mentioned in the scheme.
    • Data manipulations by authorities: A recent study has found that data manipulation in the MGNREGA is leading to gross violations in its implementation.
    • Non-purposive spending and corruptions: Many works sanctioned under MGNREGA often seem to be non-purposive. Quite often, they are politically motivated hotspots to create rampant corruption.
    • Centralization weakening local governance: A real-time MIS-based implementation and a centralised payment system has further left the representatives of the Panchayati Raj Institutions with literally no role in implementation.

    Conclusion

    • Large scale social security programmes like MGNREA are subjected to undergo several stumbling blocks in the times of ongoing pandemic.
    • Government and NGOs must study the impact of MGNREGA in rural areas so as to ensure that this massive anti-poverty scheme is not getting diluted from its actual path.
    • We must view MGNREGA as an opportunity and explicitly include it in a broad-based strategy to tackle any socie-economic crisis.

     

    Answer this PYQ in the comment box:

    Q. Among the following who are eligible to benefit from the “Mahatma Gandhi national rural employment guarantee act”?

    (a) Adult members of only the scheduled caste and scheduled tribe households.

    (b) Adult members of below poverty line (BPL) households.

    (c) Adult members of households of all backward communities.

    (d) Adult members of any household.

     

    [wpdiscuz-feedback id=”ds7ayg108y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

     

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  • Supreme Court launches online RTI Portal

    The Supreme Court has launched an online portal that will help citizens file and access applications under the Right to Information (RTI) Act in matters related to the court

    What is the online RTI portal?

    • The online RTI portal has been initiated to make it convenient for people to access information about the Supreme Court.
    • So far, RTI applications at the Supreme Court had to be filed only via post.
    • Various public interest litigation (PILs) had been filed before the Supreme Court seeking an online RTI portal for the Court.
    • The online portal is likely to streamline responses of the Supreme Court under the Right to Information Act.

    How does the online portal work?

    • The online portal can be accessed at a dedicated url.
    • Essentially, the process of filing an RTI in the Supreme Court is the same as how one normally files the application.
    • This web portal can be used only by Indian citizens to file RTI applications, first appeals and to make payment for fees, and copying charges, under the Right to Information Act, 2005 (RTI Act).
    • An applicant must first register themselves in the web portal.

    Fees prescribed

    • The applicant can pay the prescribed fee through internet banking, credit/debit card of Master/Visa or UPI.
    • The fee per RTI application is ₹10.
    • Any applicant who is Below Poverty Line (BPL) is exempted to pay the application fee under the RTI Rules, 2012.

    Expected time for response

    • By law, RTIs must be replied to within 30 days.
    • In fact, in life and death cases, RTIs must be responded to within 48 hours.

    Back2Basics: Right to Information

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

     

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  • Prevention of Cruelty to Animals (Amendment) Bill, 2022. Why is it needed?

    cruelty

    A draft Prevention of Cruelty to Animals (Amendment) Bill, 2022, prepared by the Ministry of Fisheries, Animal Husbandry, and Dairying, has been opened for public comment.

    Why in news?

    • Recently, instances of animal cruelty in India witnessed a surge.
    • The same has ushered the debate around animal rights and the extent of legal protection that the current laws provide them.

    Prevention of Cruelty to Animals (Amendment) Bill, 2022

    • The Centre has proposed to overhaul The Prevention of Cruelty to Animals Act, 1960, introducing 61 amendments in the law.
    • It includes stringent penalties of three years’ imprisonment for committing “gruesome cruelty” including “bestiality” with animals.

    Main changes proposed in the law

    • Cruelty as a cognizable offence: Several offences have been made cognizable, which means offenders can be arrested without an arrest warrant.
    • Recognizing gruesome cruelty: The proposed law describes “gruesome cruelty” as any act involving animals which leads to “extreme pain and suffering” and is “likely to leave the animal in life-long disability”. It includes mutilation or killing of animals by the use of strychnine injection in the heart or any other cruel manner.
    • Stringent penalties: Essentially, the law is proposed to be made tighter, with more stringent punishments. The draft proposes fines from Rs 50,000 to Rs 75,000 “or the cost of the animal. For killing an animal, the draft Bill proposes a maximum punishment of five years in jail.

    What are the existing penal provisions?

    • An offence such as this — fairly common in India — would currently attract charges under Section 428 (mischief by killing or maiming animal) IPC and Section 11 (treating animals cruelly) of The PCA Act, 1960.
    • It prescribes some rubbish penal provisions.

    Need for such law

    • Barbarism: In September, a doctor in Rajasthan’s Jodhpur allegedly tied a dog to his car and dragged it across the city.
    • Non-deterrence: Present provisions are incapable of acting as any deterrent for potential offenders.
    • Ridicules penalties: First-time offenders under the PCA Act are punished with a fine of Rs 10-50. If it is found that this is not the offender’s first such crime in the past three years, the maximum punishment would be a fine between Rs 25 and Rs 100, a jail term of three months, or both.

    Key propositions for such law

    • Along with animal welfare organisations and several political leaders have in the past called for the law to be amended.
    • In 2014, the Supreme Court, in ‘Animal Welfare Board of India vs A Nagaraja & Others’, had said that “Parliament is expected to make proper amendment of the PCA Act to provide an effective deterrent.

    Government response

    • In April 2021, the Centre had proposed changes where the penalty can go up to Rs 75,000 per animal or three times the cost of the animal as determined by the jurisdictional veterinarian.
    • It proposed imprisonment of three years which may extend to five years or both.
    • The government has finally moved in this direction with proposed amendments.

    Legal remedies in India

    • The Prevention of Cruelty to Animals Act 1960 recognises that animals can suffer physically and mentally, and is applicable to ‘all living creatures’.
    • The Constitution also enshrines the principle of ahimsa and mandates to all citizens of India to ‘have compassion for living creatures’.
    • The Animal Welfare Board of India (AWBI) is the central body responsible for animal welfare in the country.
    • The National Institute for Animal Welfare created in 1999, has the broad mandate to improve animal welfare through research, education and public outreach.
    • According to Section 50(4) of the Wildlife Protection Act, 1972, a Wildlife Offence Report (WLOR) can be filed.

    Apart from increasing penalties, what else is proposed?

    (1) Freedoms to animals

    • “It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has freedom from:
    1. Thirst, hunger and malnutrition;
    2. Discomfort due to environment;
    3. Pain, injury and diseases;
    4. Fear and distress, and the
    5. Freedom to express normal behaviour for the species

    (2) Protection to community animals

    • The draft defines “community animal” as “any animal born in a community for which no ownership has been claimed by any individual or an organization, excluding wild animals as defined under the wildlife Protection Act, 1972 (53 of 1972).”
    • The proposed law also says that in case of a community animal, the local government such as municipality or panchayats shall be responsible for taking care of the community animals in a manner developed by the State Government or by the Board.

    Latent issues with the law

    • Simply increasing the quantum of punishment may not be enough to stop cruelty against animals.
    • Some already marginalised communities like ‘madaris’ (who perform with animals) and ‘saperas’ (snake charmers) may be disproportionately affected.
    • Others have argued that focusing on the individual act of ‘cruelty’, such as farmers putting up electric fences around their fields, is an incomplete approach.

    Conclusion

    • Steps are needed to mitigate the larger issues of vanishing animal habitats and climate change exacerbating man-animal conflict.

     

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  • Measles outbreak: Need to accelerate Children Immunization program

    Measles

    Context

    • A measles outbreak in Mumbai has raised concerns amongst the country’s public health authorities. The city has reported more than 200 cases in the past two months and at least 13 children have lost their lives.

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    Measles: A memory shot

    • Measles is a highly contagious viral disease.
    • Measles is caused by a virus in the paramyxovirus family and it is normally passed through direct contact and through the air.
    • The virus infects the respiratory tract, then spreads throughout the body.
    • Measles is a human disease and is not known to occur in animals.

    outbreak

    All you need to know about Measles

    • Signs and symptoms include:
    • The first sign of measles is usually a high fever, runny nose, a cough, red and watery eyes, and small white spots inside the cheeks can develop in the initial stage.
    • The most serious complications include blindness, encephalitis, severe diarrhoea and related dehydration, ear infections, or severe respiratory infections such as pneumonia.
    • Who is at risk?
    • Unvaccinated young children are at highest risk of measles and its complications, including death.
    • Unvaccinated pregnant women are also at risk.
    • Any non-immune person (who has not been vaccinated or was vaccinated but did not develop immunity) can become infected.
    • Transmission:
    • Measles is one of the world’s most contagious diseases.
    • It is spread by coughing and sneezing, close personal contact or direct contact with infected nasal or throat secretions.
    • Treatment:
    • No specific antiviral treatment exists for measles virus.
    • Severe complications from measles can be reduced through supportive care that ensures good nutrition, adequate fluid intake and treatment of dehydration with WHO-recommended oral rehydration solution.
    • All children diagnosed with measles should receive two doses of vitamin A supplements.
    • Prevention:
    • Routine measles vaccination for children, combined with mass immunization campaigns in countries with high case and death rates, are key public health strategies to reduce global measles deaths.
    • The measles vaccine is often incorporated with rubella and/or mumps vaccines.

    Reasons sought behind the sudden outbreak of Measles in India

    • A backslide in the universal immunisation programme during the pandemic:
    • By all accounts, the outbreak seems to have been precipitated by a backslide in the universal immunisation programme during the pandemic.
    • According to the state government data, only 41 per cent of the eligible children have been inoculated against measles in Mumbai.
    • Vaccine hesitancy:
    • Parents, reportedly, are showing a disinclination to continue the inoculation regime for their children after they developed fever on being administered the first jab.
    • Overworked public health professionals, including ASHA workers, have also had to combat vaccine hesitancy.

    outbreak

    Government efforts and the status of Immunization programs

    • Mission Indradhanush: In recent years, the Centre’s Mission Indradhanush project has improved vaccine coverage and reduced delays between shots.
    • Low coverage in last two years: WHO and UNICEF studies have shown that immunisation programmes especially those focusing on DPT (diphtheria, pertussis and tetanus) and measles have taken a hit in low- and mid-income countries, including India, in the past two years.
    • Missed shots during Pandemic restrictions: Early in the pandemic, the National Health Mission’s information system reported that at least 100,000 children missed their shots because of the restrictions on movement.
    • India speeding up the immunization after the pandemic: Anecdotal reports do indicate that India’s universal inoculation programme picked up during the latter part of the pandemic. But measles is a highly contagious disease. Experts had cautioned that even a 5 per cent fall in the vaccination rate can disrupt herd immunity and precipitate an outbreak. The surge of the disease in Mumbai indicates that their fears are coming true.

    Countries with lower per capita incomes are more at risk

    • Measles is still common in many developing countries particularly in parts of Africa and Asia. The overwhelming majority (more than 95%) of measles deaths occur in countries with low per capita incomes and weak health infrastructures.
    • Measles outbreaks can be particularly deadly in countries experiencing or recovering from a natural disaster or conflict. Damage to health infrastructure and health services interrupts routine immunization, and overcrowding in residential camps greatly increases the risk of infection.
    • Measles outbreaks can result in epidemics that cause many deaths, especially among young, malnourished children. In countries where measles has been largely eliminated, cases imported from other countries remain an important source of infection.

    outbreak

    Conclusion

    • Studies have shown that child vaccination had suffered during the pandemic as attention shifted towards adult vaccination. Now that the pandemic has waned, governments must carefully evaluate at the grassroots how many children fell out of the vaccine net during this period and take countermeasures.

    Mains question

    Q. Measles is a highly contagious disease with a high mortality rate in unvaccinated children. Discuss the reasons behind the recent outbreak of measles in India.

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  • India, Iran discuss development of Chabahar Port

    Chabahar

    India and Iran held Foreign Office level consultations to continue cooperation for development of the Shahid Beheshti terminal of the Chabahar Port.

    Chabahar Port

    • In 2016, India signed a deal with Iran entailing $8 billion investment in Chabahar port and industries in Chabahar Special Economic Zone.
    • The port is being developed as a transit route to Afghanistan and Central Asia.
    • India has already built a 240-km road connecting Afghanistan with Iran.
    • All this were expected to bring cargo to Bandar Abbas port and Chabahar port, and free Kabul from its dependence on Pakistan to reach the outer world.
    • Completion of this project would give India access to Afghanistan and beyond to Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Kazakhstan, Russia and Europe via 7,200-km-long multi-modal North-South Transport Corridor (INSTC).

    Why is Chabahar back in the news?

    • The visit is a chance to strengthen ties and the maritime relationship between the two countries.
    • Due to pandemic, there were less number of visits from India to Iran and vice-versa and the pace of the project is also allegedly slower.
    • This visit will also highlight the importance of Chabahar as a gateway for Indian trade with Europe, Russia and CIS [Commonwealth of Independent States] countries.
    • India is keen in developing the Shahid Beheshti port as a “a transit hub” and link it to the International North South Trade Corridor (INSTC), that also connects to Russia and Europe.

    What is India’s strategic vision for Chabahar?

    • When the first agreement for Chabahar was signed by then PM Atal Bihari Vajpayee in 2003, the plan had a three-fold objective:
    1. To build India’s first offshore port and to project Indian infrastructure prowess in the Gulf
    2. To circumvent trade through Pakistan, given the tense ties with India’s neighbour and build a long term, sustainable sea trade route and
    3. To find an alternative land route to Afghanistan, which India had rebuilt ties with after the defeat of the Taliban in 2001
    • Subsequently, PM Manmohan Singh’s government constructed the Zaranj -Delaram Highway in Afghanistan’s South.
    • It would help connect the trade route from the border of Iran to the main trade routes to Herat and Kabul, handing it over to the Karzai government in 2009.
    • In 2016, PM Modi travelled to Tehran and signed the agreement to develop Chabahar port, as well as the trilateral agreement for trade through Chabahar with Afghanistan’s President Ashraf Ghani.

    Commencement of operations

    • Since the India Ports Global Chabahar Free Zone (IPGCFZ) authority took over the operations of the port in 2018, it has handled 215 vessels, 16,000 TEUs (Twenty-foot Equivalent Units) and four million tons of bulk and general cargo.

    Why is it gaining importance?

    • In the last few years, a fourth strategic objective for the Chabahar route has appeared, with China’s Belt and Road Initiative making inroads in the region.
    • The government hopes to provide Central Asia with an alternate route to the China-Pakistan Economic Corridor (CPEC) through Iran for future trade.

    Why is the Chabahar dream taking so long to realise?

    • India’s quest for Chabahar has hit geopolitical road-block after road-block; the biggest issue has been over Iran’s relationship with western countries, especially the United States.
    • In years when western sanctions against Iran increased, the Chabahar project has been put on the back-burner.
    • However, the nuclear talks resulted in the Joint Comprehensive Plan of Action (JCPOA) in 2015 came into being, the Chabahar port has been easier to work on.
    • In 2018, the Trump administration put paid to India’s plans by walking out of the JCPOA and slapping new sanctions on dealing with Iran.
    • This led to the Modi government “zeroing out” all its oil imports from Iran, earlier a major supplier to India, causing a strain in ties.
    • India also snapped ties with Afghanistan after the Taliban takeover in August 2021, which put an end to the humanitarian aid of wheat and pulses that was being sent to Kabul via Chabahar.
    • When India restarted wheat aid this year, it negotiated with Pakistan to use the land route to Afghanistan instead.

     

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  • What India gains from FTA with Australia?

    australia

    After 10 years of negotiations, India and Australia have finally agreed an interim free trade deal called the India-Australia Economic Cooperation and Trade Agreement (ECTA).

    What is the news?

    • Australia’s parliament has ratified the ECTA.
    • The two countries has signed the ECTA on April 2 this year.
    • The trade deal will now come into effect on a mutually agreed date.

    Key terms of the India-Australia ECTA

    • Under the India-Australia ECTA, duties on 100 percent tariff lines will be eliminated by Australia, covering 6,000 broad sectors.
    • Meanwhile, India’s tariffs on 90 percent of Australian goods exports, including meat, wool, cotton, seafood, nuts, and avocados, will be removed.
    • From day one, Australia will offer zero-duty access to India for almost 96.4 percent of exports by value. Presently, many of these products have a 4-5 percent customs duty imposed by Australia.

    Key benefits offered

    • Exporters, businesses, workers, and consumers in both markets are set to benefit from the trade liberalization, market opening, and freer movement of people.
    • Implementation of the trade agreement will create an estimated 1 million jobs.
    • The India-Australia ECTA agreement is expected to increase bilateral trade to about US$45-50 billion in the next five years from the existing US$31 billion.
    • India hopes to increase its merchandise exports by US$10 billion BY 2026-27.

    Special benefits to India

    • IT sector to be a big gainer as it contributes significantly to both economies
    • Visas to be offered to Indian chefs and yoga instructors
    • Work opportunities for Indian students pursuing education in Australia
    • Cheaper raw materials from Australia will make Indian goods more competitive in the global market
    • Medicines approved under rigorous US and UK regulatory regimes will benefit from a fast track mechanism to get approval in Australia (improving market prospects for India’s patented, generic, and biosimilar medicines)

    Volume of India-Australia Trade

    • Australia is the 17th largest trading partner to India and India is Australia’s ninth largest trading partner.
    • In 2021-22, India’s goods exports to Australia valued US$8.3 billion and imports were about US$16.7 billion. Two-way trade in goods and services in 2020 were valued at US$24.3 billion.
    • India’s merchandise exports to Australia grew 135 percent between 2019 and 2021.
    • India’s exports consist primarily of a broad-based basket largely of finished products. Around 96 percent of Australia’s exports are raw materials and intermediate products.

    How will Indian IT firms benefit from the deal?

    • Along with ECTA, the Australian parliament has also approved an amendment to the Double Taxation Avoidance Agreement (DTAA) – a long-standing tax issue for Indian companies operating in Australia.
    • As per industry estimates, Indian IT firms lost more than $1 bn in taxes due to the existing provisions in DTAA.
    • Most IT firms take up projects where they do some portion of work on-site, and some from India.
    • However, Australian courts had ruled that even the work done from India can be taxed as per local Australian laws.
    • The same income was subject to taxes in India too.

    What’s in it for pharma companies?

    • ECTA says Indian drugs that have already been approved in the UK and US will get faster approval in Australia too.
    • India has the highest number of USFDA-approved sites and other stringent regulatory agencies approvals too — which will yield results once ECTA comes into effect.
    • India exported $387 mn worth of pharma products to Australia registering a growth of 11.58% FY22.
    • India can now expect share in Australia’s US$ 13 billion pharma market to go up.

    Will ECTA give a push to labour-intensive industries?

    • Getting easier access for apparel, textiles, leather, footwear, gems & jewellery, furniture, machinery and electrical goods in western markets is India’s key aims in trade deals.
    • ECTA will see India getting zero duty on 98.3% of tariff lines from the day the agreement comes into force and on 100% of tariff lines within five years.

    Can India cut its trade deficit with Australia?

    • At the moment, Australia exports much more to India than it imports.
    • During the last financial year, India had a trade deficit of $8.5 billion with Australia with $8.3 billion worth of exports and $16.8 billion worth of imports.
    • Entering the Australian market is not just about lower tariffs as Australia is already a very open economy.
    • There already are firmly established players in Australia and displacing them would need cutting trade costs and signing a comprehensive deal.

     

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  • Central Information Commission (CIC) and The RTI

    Information

    Context

    • The most vital mandate of the Central Information Commission, the apex body under India’s transparency regime, is to decide the disclosure or the non-disclosure of information. But the commission has seemingly relinquished this primary duty in cases of larger public importance.

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    All you need to know about Central Information Commission (CIC)

    • Chief Information commissioner (CIC): Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
    • Composition: The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.
    • Appointment: They are appointed by the President on the recommendation of a committee consisting of the PM as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.
    • Office term: The CIC/IC shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
    • Power and functions:
    • It is the duty of the Commission to receive and inquire into a complaint from any person regarding information request under RTI, 2005.
    • The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
    • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

    Information

    Procedure of RTI and the role of CIC

    • Provision to File and application and seek guaranteed reply: Citizens can file applications under the Right to Information Act with any public body and are guaranteed a reply from the public information officer of that public body within 30 days.
    • Provision of appeal in case of dissatisfaction:
    • In case of a no reply or dissatisfaction with the response, the citizen can file an appeal at the departmental level and then a second and final appeal with the Information Commission.
    • Each State has its own State Information Commission to deal with second appeals concerning State bodies. At the Centre, it is the Central Information Commission (CIC).

    Information

    How RTI amendment, 2019 has changed CIC?

    • Before the amendment to the Until the 2019 amendment to the RTI Act, Information Commissioners (ICs) appointed to the CIC were equal in status to the Chief Election Commissioner, and that of a Supreme Court judge. They had a five­-year fixed term and terms of service.
    • After the amendments of 2019, the Centre gave itself powers to change and decide these terms whenever it wished, thereby striking at the independence of the commission and those who man it.

    What are the concerns raised over the changed approach of CIC?

    • Decreasing accountability: Records show that not a single order for disclosure has been forthcoming in matters of public importance. The present set of Information Commissioners have together adopted a new jurisprudence that has created additional hurdles in a citizen’s quest for accountability.
    • Systematic ignorance to the mandate of non-disclosure: The Commission has adopted a new way of delegating its mandate to decide cases to the Ministry before it. In most cases, the Ministries reiterate their earlier stand of non­disclosure, most often under vague grounds of national interest.
    • Refusing to its duty: After these public authorities pass fresh orders, which are usually a reiteration of their earlier stand against disclosure, the CIC refuses to accept any further challenge to such orders, therefore, refusing to do its duty of deciding the cases.
    • Ignoring the principle of natural justice: One of the cardinal rules of natural justice is that no one should be a judge in their own cause. However, the commission now allows, or rather wants, the very Ministry that stands accused of violating the RTI Act to act as the judge in their own cause and decide whether a disclosure is necessary.
    • New instruments such as pending cases and stay orders: A case to keep pending for final order or a stay order is unheard of and there is no provision in the RTI Act for the same.
    • Officers have no fear of any penal provisions: Bureaucrats reject RTIs with glee with no fear of facing penal provisions outlined in Section 20 of the RTI Act, knowing fully well that they have a free hand under the Information Commissioners.

    Back to basics: The Right to Information

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

    Information

    Conclusion

    • Dark clouds surround India’s transparency regime. Citizens have to mount intense pressure on authorities to act and appoint commissioners of integrity. Lawyers have to help willing citizens take matters to court and seek justice.

    Mains question

    Q. What are the role and functions of Central Information Commission? CIC’s deviance from its duty may undermine citizens’ power of right to information.

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  • A reality check on Nutrition programs

    Nutrition

    Context

    • The Global Hunger Index (GHI) 2022 has brought more unwelcome news for India, as far as its global ranking on a vital indicator of human development is concerned. India ranked 107 out of 121 countries. Malnutrition still haunts India

    Global hunger Index (GHI)

    • The GHI is an important indicator of nutrition, particularly among children, as it looks at stunting, wasting and mortality among children, and at calorific deficiency across the population.

    Findings according to the National family health survey findings (NFHS-5)

    • India’s National Family Health Survey (NFHS-5) from 2019-21 reported that in children below the age of five years, 35.5% were stunted, 19.3% showed wasting, and 32.1% were underweight.

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    Nutrition

    Status of budgetary allocation for Government Schemes

    • Gaps in the funding: Experts have suggested several approaches to address the problem of chronic malnutrition, many of which feature in the centrally-sponsored schemes that already exist. However, gaps remain in how they are funded and implemented, in what one might call the plumbing of these schemes.
    • Saksham Anganwadi:
    • The Government of India implements the Saksham Anganwadi and Prime Minister’s Overarching Scheme for Holistic Nutrition (POSHAN) 2.0 scheme (which now includes the Integrated Child Development Services (ICDS) scheme),
    • It seeks to work with adolescent girls, pregnant women, nursing mothers and children below three.
    • However, the budget for this scheme for FY2022-23 was ₹20,263 crore, which is less than 1% more than the actual spent in FY2020-21 an increase of less than 1% over two years.
    • PM POSHAN:
    • PM POSHAN, or Pradhan Mantri Poshan Shakti Nirman, known previously as the Mid-Day Meal scheme (National Programme of Mid-Day Meal in Schools).
    • The budget for FY2022-23 at ₹10,233.75 crore was 21% lower than the expenditure in FY2020-21.
    • It is clear that the budgets being allocated are nowhere near the scale of the funds that are required to improve nutrition in the country.

    Nutrition

    What are the hurdles for effective Implementation of such large-scale schemes.

    • Underfunded Nutrition Programme: An Accountability Initiative budget brief reports that per capita costs of the Supplementary Nutrition Programme (one of the largest components of this scheme) has not increased since 2017 and remains grossly underfunded, catering to only 41% of the funds required.
    • Vacant posts of Projects officers and insufficient manpower: The budget brief also mentions that over 50% Child Development Project Officer (CDPO) posts were vacant in Jharkhand, Assam, Uttar Pradesh, and Rajasthan, pointing to severe manpower constraints in successfully implementing the scheme of such importance.
    • Regular controversies over the food served under MDM: While PM POSHAN (or MDM) is widely recognized as a revolutionary scheme that improved access to education for children nationwide, it is often embroiled in controversies around what should be included in the mid-day meals that are provided at schools.
    • Irregular social audits: Social audits that are meant to allow community oversight of the quality of services provided in schools are not carried out routinely.
    • Volatile food prices effects: The effect of cash transfers is also limited in a context where food prices are volatile and inflation depletes the value of cash.
    • Social factors: Equally, there are social factors such as ‘son preference’, which sadly continues to be prevalent in India and can influence household-level decisions when responding to the nutrition needs of sons and daughters.

    Nutrition

    Suggestions for the effective delivery of the government schemes

    • Tracing the reasons behind existing malnutrition: It is clear that malnutrition persists due to depressed economic conditions in large parts of the country, the poor state of agriculture in India, persistent levels of unsafe sanitation practices, etc. Political battles over malnutrition are not going to help; nor is continuing to think in silos.
    • Cash transfers where purchasing poverty is less: Cash transfers have a role to play here, especially in regions experiencing acute distress, where household purchasing power is very depressed. Cash transfers can also be used to incentivize behavioural change in terms of seeking greater institutional support.
    • Targeted supplementation: Food rations through PDS and special supplements for the target group of pregnant and lactating mothers, and infants and young children, are essential.
    • Community participation: Getting these schemes right requires greater involvement of local government and local community groups in the design and delivery of tailored nutrition interventions.
    • Comprehensive social education programs for girls: A comprehensive programme targeting adolescent girls is required if the inter-generational nature of malnutrition is to be tackled. There is a need of comprehensive social education programme.

    Conclusion

    • Malnutrition has been India’s scourge for several years now. A month-long POSHAN Utsav may be good optics, but is no substitute for painstaking everyday work. The need of the hour is to make addressing child malnutrition the top priority of the government machinery, and all year around.

    Mains Question

    Q. Despite large government nutrition programs, malnutrition still haunts India. Discuss the problems and suggest solutions.

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  • Assam-Meghalaya Boundary Dispute

    The recent firing incident on the Assam-Meghalaya border has put the focus on the five-decade-old boundary issue between the two northeastern states.

    What is the Assam-Meghalaya Boundary Dispute?

    • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
    • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
    • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
    • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
    • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
    • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
    • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     How did the two governments go about handling the issue?

    • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
    • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
    • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
    • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
    • Meghalaya rejected the report as it was allegedly pro-Assam.
    • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

    How was the ice broken?

    • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
    • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
    • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
    • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
    • Both States formed three regional committees, one each for a district affected by the disputed sectors.

    What were the principles followed?

    • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
    • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
    • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
    • This paved the way for the March 29 closure of the six disputed sectors.

    Issues with this settlement

    • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
    • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
    • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

     

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