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GS Paper: GS2

  • How are Districts created?

    The West Bengal cabinet has approved the creation of seven new districts in the state.

    What are Districts?

    • India’s districts are local administrative units inherited from the British Raj.
    • They generally form the tier of local government immediately below that of India’s subnational states and territories.
    • A district is headed by a Deputy Commissioner/ Collector, who is responsible for the overall administration and the maintenance of law and order.
    • The district collector may belong to IAS (Indian Administrative Service).
    • Districts are most frequently further sub-divided into smaller administrative units, called either tehsils or talukas or mandals, depending on the region.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to Majuli district for “administrative expediency”.

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

     

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  • INSTC

    Context

    Last week, two 40-ft containers of wood laminate sheets crossed the Caspian Sea from Russia’s Astrakhan port, entered Iran’s Anzali port, continued their southward journey towards the Arabian Sea, entered the waters at Bandar Abbas and eventually reach Nhava Shiva port in Mumbai.

    Launch of INSTC

    • The journey of containers signalled the launch of the International North South Transport Corridor (INSTC), a 7,200-km multi-modal transport corridor that combines road, rail and maritime routes connecting Russia and India via central Asia and Iran.
    • The legal framework for the INSTC is provided by a trilateral agreement signed by India, Iran and Russia at the Euro-Asian Conference on Transport in 2000.
    • Since then Kazakhstan, Belarus, Oman, Tajikistan, Azerbaijan, Armenia and Syria have signed instruments of accession to become members of the INSTC.
    • Once fully operational, the INSTC is expected to reduce freight costs by 30% and journey time by 40% in comparison with the conventional deep sea route via the Suez Canal.
    • The corridor is expected to consolidate the emerging Eurasian Free Trade Area.

    Significance for India

    • Geopolitical link: The INSTC’s launch provides missing pieces of the puzzle about India’s refusal to condemn Russia’s invasion of Ukraine.
    • India’s investment in the INSTC is exemplified by its involvement in Iran’s Chabahar port and the construction of a 500-km Chabahar-Zahedan railway line.
    •  The India Ports Global Limited, a joint venture between the Jawaharlal Nehru Port Trust and Kandla Port Trust, will develop the port along with Iran’s Aria Banader.
    • IRCON International will contribute to constructing the railway line.
    • A special economic zone around Chabahar will offer Indian companies the opportunity to set up a range of industries.
    • The INSTC, thus, provides an opportunity for the internationalisation of India’s infrastructural state, with state-run businesses taking the lead and paving the way for private companies.

    Geopolitical significance for India

    • Access to Afghanistan and Central Asia: Once completed, this infrastructure will allow India access to Afghanistan and central Asia, a prospect strengthened by the Taliban government’s support for the project.
    • India can now bypass Pakistan to access Afghanistan, central Asia and beyond.
    • North-South transport corridor: The INSTC can shape a north-south transport corridor that can complement the east-west axis of the China-led Belt and Road Initiative (BRI).
    • Non-alignment to multi-alignment: India’s founding role in both the INSTC and the Quad exemplify its departure from non-alignment to multi-alignment.
    • The INSTC offers a platform for India to closely collaborate with Russia, Iran and Central Asian republics. 
    • That two of its partners are subject to Western sanctions hasn’t prevented India from collaborating with the U.S., Japan and Australia as part of the Quad to create and safeguard a free and open Indo-Pacific.

    Conclusion

    As a transcontinental multi-modal corridor that aims to bring Eurasia closer together, the INSTC is a laudable initiative in its own right. That it helps India consolidate its multi-alignment strategy sweetens the deal.

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  • PM and President’s photos in Govt Ads: Judicial Interpretation

    The Madras High Court has directed the Tamil Nadu government to include the photographs of the President of India and Prime Minister in advertisements on the 44th Chess Olympiad underway in Chennai.

    Why in news?

    • The HC relied on a 2015 Supreme Court ruling that issued guidelines on government spending on advertisements.

    How can we classify Govt Ads with other political ads?

    The primary cause of government advertisement is to use public funds:

    • To inform the public of their rights, obligations, and entitlements
    • To explain Government policies, programs, services and initiatives.

    2015 Supreme Court’s Ruling

    • In Common Cause v Union of India, the Supreme Court sought to regulate the government expenditure on advertisements.
    • It essentially regulated the 2007 New Advertisement Policy of the Government of India.
    • The petitioners had argued that there is arbitrary spending on advertisements by the government.
    • The allegations ranged from wastage of public money for political mileage to using advertisements as a tool to manipulate media.
    • A three-judge Bench comprising then CJI P Sathasivam, and Justices Ranjan Gogoi and N V Ramana had set up a committee to suggest a better policy.

    What are the guidelines?

    • No endorsement: Patronization of any particular media house must be avoided and award of advertisements must be on an equal basis to all newspapers who may, however, be categorized depending upon their circulation.
    • The Government Advertisements (Content Regulation) Guidelines 2014 have five broad principles:
    1. Advertising campaigns are to be related to government responsibilities
    2. Materials should be presented in an objective, fair manner and designed to meet objectives of the campaign
    3. Advertisements must not directed at promoting political interests of a party
    4. Campaigns must be justified and undertaken in a cost-effective manner
    5. Advertisements must comply with legal requirements and financial regulations

    What did the Supreme Court rule?

    • It largely accepted the committee report except on a few issues:
    1. The appointment of an ombudsman to oversee the implementation of the guidelines
    2. A special performance audit of government spending
    3. An embargo on publication of advertisements on the eve of elections
    • The ruling mandated that government advertisements will not contain a political party’s symbol, logo or flag.
    • They are required to be politically neutral and must refrain from glorifying political personalities.

    What about photographs in advertisements?

    • The Supreme Court agreed with the committee’s suggestion that photographs of leaders should be avoided and only the photographs of the President/ PM or Governor/ CM shall be used for effective government messaging.
    • Then-Attorney General had opposed the recommendation arguing that if the PM’s photograph is allowed in the advertisement, then the same right should be available to his cabinet colleagues as the PM is the “first among the equals”.
    • The court, while restricting the recommendation to the photos of the President and Prime Minister, added the photograph of the Chief Justice of India to that list of exceptions.

    What are the takeaways from the SC and HC verdicts?

    • The SC ruling stepped into content regulation, which is a facet of the right to freedom of speech and expression, and was also in the domain of making policy.
    • This raised questions on the judiciary stepping on the executive’s domain.
    • The SC ruling did not mandate publication of the photograph of the PM and President, but only restricts publication of photos of government officials other than the President, PM, CJI, CM and the Governor.
    • In an opposition-ruled state such as Tamil Nadu, exclusion of the PM’s photos is seen as a political move.
    • The HC said that considering the “national interest” in the issue, the “excuses taken by the state” cannot be accepted.

     

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  • Kerala tops in holding Assembly sittings in 2021

    Kerala, which slipped to the eighth slot in holding Assembly sittings during the first wave of the COVID-19 pandemic in 2020, returned to the top spot in 2021, with its House sitting for 61 days, the highest in the country.

    State Assemblies for 2021 Report

    • The report on the functioning of State Assemblies for 2021 is published by the PRS Legislative Research (PRS), a New Delhi-based think tank.

    How did other states fare?

    • Odisha followed Kerala with 43 sitting days; Karnataka 40, and Tamil Nadu 34 days.
    • But for the top three States, the average number of sittings of State legislatures would have been far lower than the present figure of 21 days.
    • Of the 28 State Assemblies and one Union Territory’s legislature, 17 met for less than 20 days.
    • Of them, five — Andhra Pradesh, Nagaland, Sikkim, Tripura and Delhi — met for less than 10 days.
    • The figures for Uttar Pradesh, Manipur and Punjab were 17, 16 and 11, respectively.
    • Andhra Pradesh with 20 ordinances and Maharashtra with 15 followed Kerala.

    Why is this ranking significant?

    • The National Commission to Review the Working of the Constitution (2000-02), headed by former Chief Justice of India M.N. Venkatachaliah, had prescribed the standards for working of legislatures.
    • The Houses of State (/Union Territory) legislatures with less than 70 members, for example, Puducherry, should meet for at least 50 days a year and other Houses (Tamil Nadu), at least 90 days.
    • The Presiding Officers’ conference, held in Gandhinagar in January 2016, suggested State legislatures hold a minimum of 60 days of sittings in a year.
    • Between 2016 and 2021, the PRS points out, 23 State Assemblies met for an average of 25 days.
    • As for the ordinance route, which should be, according to the Supreme Court, used under exceptional circumstances, 21 out of 28 States promulgated ordinances last year.

     

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  • PMLA has SC’s approaval

    Context

    The Supreme Court has upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA), calling it a “unique and special legislation” and underlining the powers of the Directorate of Enforcement (ED) to hold inquiries, arrest people and attach property.

    Prevention of Money Laundering Act (PMLA)

    • PMLA, 2002 is an Act of the Parliament of India enacted by the NDA government to prevent money laundering and to provide for confiscation of property derived from money laundering.
    • It was enacted in response to India’s global commitment (including the Vienna Convention) to combat the menace of money laundering.
    • PMLA and the Rules notified there under came into force with effect from July 1, 2005.
    • The act was amended in the year 2005, 2009 and 2012.

    Objectives of PMLA

    The PMLA seeks to combat money laundering in India and has three main objectives:

    • To prevent and control money laundering.
    • To confiscate and seize the property obtained from the laundered money; and
    • To deal with any other issue connected with money laundering in India.

    Issues with the PMLA

    • Opacity: The Enforcement Case Report (the analogue of an FIR) is not shared with the accused.
    • Nor are the full grounds of arrest shared with you.
    • Bail cannot be granted without hearing the prosecution and you are required to prove your innocence to get bail.
    • Lack of clarity in definition: The definition of crime under this Act is elastic.
    • The sovereign has immense latitude to define what counts as the relevant crime.
    • It can also in a classic instance of rule by law change the presumption of innocence.
    • Lack of safeguard: The list of crimes included overrides similar crimes in other parts of the law.
    • The code has an exceptional procedure of its own that can trump the safeguards of the Criminal Code of Procedure.
    • In theory, the law provides safeguards against attaching properties, but those safeguards are weak and do not allow for even reasonable exceptions that might be necessary for your dignity or continuing with your business or livelihood.
    • Mere possession of the proceeds of a crime, without any surrounding consideration of how one came to be in possession of the proceeds, makes it an offence.
    • That the state officials are not classed as police. But they, in some respects, have even more power than the police.
    • Use of Money Bill route: The law itself has been enacted by using the controversial Money Bill route.
    • Low conviction rate: The conviction rate under this law is very low, less than 0.5 per cent.
    • Misuse of law: The stringent provisions and vagueness in definitions in the law make it susceptible to misuse against a political opponenet.
    • International context: Post 9/11, there was concern with terrorist financing and arguably many international treaties actually weakened, rather than strengthened, individual rights protections.
    • The goal of international treaties is laudable.
    • But the rhetoric of international treaties is often used to override domestic rights safeguards.

    Conclusion

    There is a need for a review of the various provision and definitions in the law and their utility.

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  • Better time for Sports in India: PM

    Noting that the most prestigious FIDE 44th Chess Olympiad had for the first time come to India — the home of chess — during the 75th year of freedom from colonial rule, PM Modi said there had never been a better time for sports in India.

    Sports in India

    • Physical activity is fundamental to human beings:  The report states that having a fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living.
    • Part of elementary education: It would mean not seeing physical activity as an end in itself, and the establishment of physical activity/ physical education as a core component of the education curriculum.
    • Supportive to other FRs: A fundamental right to physical literacy would actualise and enhance the enjoyment of other fundamental rights. It would go a long way in enhancing the opportunities and freedom to express oneself.
    • Enhancing life quality: A physically literate individual would have a more fulfilling life of higher quality than one who is not.  Physical literacy, as a building block, would go a long way in the promotion and realisation of the right to health and the right to education.
    • Religion as a barriers: Some sports like swimming and athletics require attire that does not fully cover a woman’s body and are against the laws of some religions. They are often debated in light of modesty of the sportspersons beings violated.
    • Associated social reforms: Many women perceive sports as an opportunity to escape the confines of a highly regulated life. They use it as a tool to show their potential and tackle the patriarchal mindset. Further success of sportspersons like Mary Kom, Saina Nehwal, etc. have played a pivotal role in curbing the problems of child marriage and son meta preference.

    Issues with Sports in India

    • Poor performance in competitions: India has the worst population to medals ratio at the Olympics. We find our medal tally at the Olympics to be hopelessly out of sync with our 1.3 billion population.
    • Regressive attitude towards sports: Our attitude towards sport and physical well-being is another debilitating factor. Traditionally, India has not been a sports nation where many deserving candidates are discouraged right at the starting level.
    • Economic divide: It hard reality which we consistently refuse to acknowledge. Athletes are not generated from the comfortable classes, they invariably come often from the middle and lower economic strata.
    • Incentivization: There is more focus on post-success incentivization rather than pre-success support in India. For instance, the Haryana Government announced a 6 crore reward after Neeraj Chopra won the gold medal in Tokyo Olympics 2020.

    Significance of physical education and sports

    • Physical development: Fitness, Health
    • Mental development: It improves decision-making and collective action. It also acts as stress buster.
    • Character/ personality development: It instils confidence, team spirit, team coordination, group work)

    Benefits of augmenting sports career

    • Alternative career development: For those for whom opportunities are few, and jobs are scarce, sport becomes a powerful mobility device. A strong sports sector encourages an average/ poor academic student to make a career in sports.
    • Reaping demographic dividend: India is having a very young population and is soon going to become the world’s youngest country. In such a scenario, a robust sports sector can help in reaping the potential demographic dividend.
    • Revenue generation: Developing robust sports infrastructure in the country will allow India to host a greater number of international events. Such hosting boosts tourism in the country and results in enhancing the revenue and employment in the region. Ex. IPL
    • Promotes the spirit of Unity in Diversity: People cheer for the Indian athletes and Indian teams at international events. An improvement in sports automatically fosters the spirit of brotherhood amongst the people of diverse nations. For instance, the Pan India support enjoyed by Indian cricket team enhances belongingness between India’s north and south.

    Reasons for India’s poor performance

    India’s below-par performance in sports can be attributed to the combination of all the factors discussed below:

    • Lack of facilities: We have thousands of education centres all over the country, but there are very few schools and colleges which have adequate facilities for any sport.
    • Regional discrepancies: The spending of money is concentrated in major cities where facilities do exist, but the broad-based structure to tap and develop talent is missing. The facilities wherever they are created are confined to a few popular games like cricket, hockey, football, tennis, etc.
    • Burden of ill-health: Mother and child health is an all-time contested issue in India. This may well be attributed to weather conditions, poor economic condition generally-due to which nutrition is not available to most of our children.
    • Narrow perception: The parents are keen that their kids should do well studies to get a degree and ultimately fetch a good job. Playing for long hours regularly is considered a waste of time.
    • Lesser academia for physical education: There are few Sports Colleges which are genuinely making efforts to produce national-level sportsmen, but their number is so small that no perceptible impact is seen due to their existence.
    • Lack of training: Another reason for our poor performance in sports is the lack of required number of trainers, coaches and psychotherapists. There is also a dearth of quality coaching or the qualified coaches.
    • Non-interest: The west often accuse that Indians lack the killer’s instinct. The zest and enthusiasm necessary to win over the opponent is naturally absent in the Indian psyche.
    • Obsession for few sports: There is no doubt that cricket and hockey plays a major unifying role in India. However, other sports and sportsperson are often discouraged due to such obsessions.
    • Performance anxiety: A high degree of pressure is inflicted upon a sportsperson to perform or else be prepared to live a vulnerable life. This sometimes creates excessive mental stress in them or induces them to resort to unethical means like doping.

    Various initiatives for sports promotion

    The Ministry of Youth Affairs & Sports has formulated the following schemes to promote sports in the country, including in rural, tribal and backward areas:

    1. Khelo India Scheme
    2. Assistance to National Sports Federations
    3. Special Awards to Winners in International sports events and their Coaches
    4. National Sports Awards, Pension to Meritorious Sports Persons
    5. Pandit Deendayal Upadhyay National Sports Welfare Fund
    6. National Sports Development Fund; and
    7. Running Sports Training Centres through Sports Authority of India

    Way forward

    • Sports is a state subject and therefore uniformity in sports-specific activities of various states in India is extremely important for providing equal sporting opportunities to all the citizens of the country.
    • We have to take collective action to create a system and a proper environment whereby the young talent is spotted and developed in right earnest.
    • Integration of sports with education to introduce sports culture in India is the need of the hour.
    • The allocation of funds to sport, as a percentage of budget, can be increased for broad-basing sports in this country.
    • There is also a need to develop a culture in whole country by spreading awareness in society by telling benefit of sports in life.

     

     

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  • SC upholds powers of arrest raid under PMLA for ED

    The Supreme Court upheld the core amendments made to the Prevention of Money Laundering Act (PMLA), which gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible while shifting the burden of proof of innocence on to the accused rather than the prosecution.

    Did the judgement say?

    • The Supreme Court called the PMLA a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters.
    • Money laundering is an offence against the sovereignty and integrity of the country. It is no less a heinous offence than the offence of terrorism, the court noted.

    Why in news?

    • The verdict came on an extensive challenge raised against the amendments introduced in 2002 Act by way of Finance Acts.
    • The three-judge Bench said the method of introduction of the amendments through Money Bills would be separately examined by a larger Bench of the top court.

    What were the petitions?

    • Petitions were filed against the amendments, which the challengers claimed would violate personal liberty, procedures of law and the constitutional mandate.
    • The petitioners included many veteran politicians who all claimed that the “process itself was the punishment”.
    • There were submissions that the accused’s right against self-incrimination suffered when the ED summoned them and made them sign statements on threats of arrest.
    • But the court said these statements were recorded as part of an “inquiry” into the proceeds of crime.
    • A person cannot claim right against self-incrimination at a summons stage.

    About Enforcement Directorate (ED)

    • It goes back to May 1, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs.
    • It then aimed for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act (FERA).
    • The ED today is a multi-dimensional organisation investigating economic offences under the Prevention of Money Laundering Act (PMLA), Fugitive Economic Offenders Act, Foreign Exchange Management Act and FERA.

    From where does the ED get its powers?

    • When proceeds of crime (property/money) are generated, the best way to save that money is by parking it somewhere, so one is not answerable to anyone in the country.
    • Therefore, there was a need to control and prevent the laundering of money.
    • The PMLA was brought in for this exact reason in 2002, but was enacted only in 2005.
    • The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
    • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).

    At what stage does the ED step in when a crime is committed?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    What differentiates the probe between the local police and officers of the ED?

    Case study:

    • If a theft has been committed in a nationalised bank, the local police station will first investigate the crime.
    • If it is learnt that the founder of the bank took all the money and kept it in his house, without being spent or used, then the crime is only theft and the ED won’t interfere because the amount has already been seized.
    • But if the amount which has been stolen is used after four years to purchase some properties, then the ill-gotten money is brought back in the market.
    • Or if the money is given to someone else to buy properties in different parts of the country, then there is ‘laundering’ of money.
    • Hence the ED will need to step in and look into the layering and attachment of properties to recover the money.
    • If jewellery costing ₹1 crore is stolen, police officers will investigate the theft. The ED, however, will attach assets of the accused to recover the amount of ₹1 crore.

    What are the other roles and functions of the ED?

    • The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest).
    • Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning.
    • It is not necessary to summon the person first and then start with the search and seizure.
    • If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.
    • If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

    Can the ED investigate cases of money laundering retrospectively?

    • If an ill-gotten property is acquired before the year 2005 (when the law was brought in) and disposed off, then there is no case under PMLA.
    • But if proceeds of the crime were possessed before 2005, kept in storage, and used after 2005 by buying properties, the colour of the money is still black and the person is liable to be prosecuted under PMLA.

    Under Section 3 of PMLA, a person shall be guilty of money-laundering, if such person is found to have directly or indirectly attempted to indulge or knowingly assist a party involved in one or more of the following activities:

    • Concealment; possession; acquisition; use; or projecting as untainted property; or claiming as untainted property in any manner etc.

     

    Also read:

    [Burning Issue] Enforcement Directorate (ED): Dreaded nightmare of Indian Politicians & Businessmen

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  • UN panel tells Hong Kong to repeal National Security Law

    Hong Kong’s controversial national security law should be repealed, experts on the UN Human Rights Committee said, amid concerns the legislation is being used to crack down on free speech and dissent in the former British colony.

    Why in news?

    • Chinese and Hong Kong officials have repeatedly used the NSL imposed by Beijing in 2020 to restore stability after the city was rocked for months by sometimes violent anti-government and anti-China protests in 2019.
    • The committee, which monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR) by state parties, released its findings on Hong Kong following a periodic review.
    • The Hong Kong Special Administrative Region is a signatory to the ICCPR but China is not.

    About Hong Kong

    • A former British Colony and Autonomous Territory: Hong Kong is an autonomous territory, and a former British colony, in south-eastern China.
    • It became a colony of the British Empire at the end of the First Opium War in 1842.
    • Sovereignty over the territory was returned to China in 1997.
    • Special Administrative Region (SAR): As a SAR, Hong Kong maintains governing power and economic systems that are separate from those of mainland China.
    • The 1984 Sino-British Joint Declaration guarantees the Basic Law for 50 years after the transfer of sovereignty.
    • It does not specify how Hong Kong will be governed after 2047.
    • Thus, the central government’s role in determining the territory’s future system of government is the subject of political debate and speculation in Hong kong.

    What is this law all about?

    • Hong Kong was always meant to have a security law, but could never pass one because it was so unpopular.
    • So this is about China stepping in to ensure the city has a legal framework to deal with what it sees as serious challenges to its authority.
    • The details of the law’s 66 articles were kept secret until after it was passed. It criminalises any act of:
    1. Secession – breaking away from the country
    2. Subversion – undermining the power or authority of the central government
    3. Terrorism – using violence or intimidation against people
    4. Collusion–  with foreign or external forces

    What provisions do fall under the law?

    • The law came into effect at 23:00 local time on 30 June 2020, an hour before the 23rd anniversary of the city’s handover to China from British rule.
    • It gives Beijing power to shape life in Hong Kong it has never had before.
    • Its key provisions include:
    1. Crimes of secession, subversion, terrorism and collusion with foreign forces are punishable by a maximum sentence of life in prison
    2. Damaging public transport facilities can be considered terrorism
    3. Those found guilty will not be allowed to stand for public office
    4. Companies can be fined if convicted under the law
    5. This office can send some cases to be tried in mainland China – but Beijing has said it will only have that power over a “tiny number” of cases
    6. In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser
    7. Hong Kong’s chief executive will have the power to appoint judges to hear national security cases, raising fears about judicial autonomy
    8. Importantly, Beijing will have power over how the law should be interpreted, not any Hong Kong judicial or policy body. If the law conflicts with any Hong Kong law, the Beijing law takes priority
    9. Some trials will be heard behind closed doors.
    10. People suspected of breaking the law can be wire-tapped and put under surveillance
    11. Management of foreign non-governmental organizations and news agencies will be strengthened
    12. The law will also apply to non-permanent residents and people “from outside [Hong Kong]… who are not permanent residents of Hong Kong“.

    What has changed in Hong Kong since the law was introduced?

    • Hundreds of protestors, activists and former opposition lawmakers have been arrested since the law came into force.
    • The arrests are an ominous sign that its crackdown on Hong Kong is only going to escalate.
    • Beijing has said the law is needed to bring stability to the city, but critics say it is designed to squash dissent.

    Why did China do this?

    • Hong Kong was handed back to China from British control in 1997.
    • But under a unique agreement – a mini-constitution called the Basic Law and a so-called “one country, two systems” principle.
    • They are supposed to protect certain freedoms for Hong Kong: freedom of assembly and speech, an independent judiciary and some democratic rights – freedoms that no other part of mainland China has.
    • Under the same agreement, Hong Kong had to enact its own national security law – this was set out in Article 23 of the Basic Law – but it never happened because of its unpopularity.

    How can China do this?

    • Many might ask how China can do this if the city was supposed to have freedoms guaranteed under the handover agreement.
    • The Basic Law says Chinese laws can’t be applied in Hong Kong unless they are listed in a section called Annex III – there are already a few listed there, mostly uncontroversial and around foreign policy.
    • These laws can be introduced by decree – which means they bypass the city’s parliament.
    • Critics say the introduction of the law this way amounts to a breach of the “one country, two systems” principle, which is so important to Hong Kong – but clearly, it is technically possible to do this.

    Must read:

    [Burning Issue] National Security Law debate in Hong Kong

     

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  • Money Bill verdict holds the key: SC

    The court has left it open for a seven-judge Bench to decide whether the amendments to the PMLA could have been made to the PMLA through the Money Bill route.

    What was the case about Money Bill?

    • In November 2019, a five-judge Bench led by then CJI Ranjan Gogoi had referred to a larger Bench the issue and question posed in the Roger Mathew vs South Indian Bank Ltd. Case.
    • It inquired to whether amendments like these can be passed as a Money Bill in violation of Article 110 of the Constitution.
    • The petitioners had questioned the legality of the PMLA amendments which were introduced via Finance Acts/Money Bills.

    Correlation Money Bill

    • A Money Bill is deemed to contain only provisions dealing with all or any of the matters under clauses (a) to (g) of Article 110(1), largely including the appropriation of money from the Consolidated Fund of India and taxation.
    • In other words, a Money Bill is restricted only to the specified matters and cannot include within its ambit any other matter.

    What is a Money Bill?

    • A money bill is defined by Article 110 of the Constitution, as a draft law that contains only provisions that deal with all or any of the matters listed therein.
    • These comprise a set of seven features, broadly including items such as-
    1. Imposition, abolition, remission, alteration or regulation of any tax
    2. Regulation of the borrowing of money by the GOI
    3. Custody of the Consolidated Fund of India (CFI) or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such fund
    4. Appropriation of money out of the CFI
    5. Declaration of any expenditure charged on the CFI or increasing the amount of any such expenditure
    6. Receipt of money on account of the CFI or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state
    7. Any matter incidental to any of the matters specified above.

    Who controls such bills?

    • In the event proposed legislation contains other features, ones that are not merely incidental to the items specifically outlined, such a draft law cannot be classified as a money bill.
    • Article 110 further clarifies that in cases where a dispute arises over whether a bill is a money bill or not, the Lok Sabha Speaker’s decision on the issue shall be considered final.

    Difference between money and finance bill

    • While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.
    • For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill.
    • However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered a Financial Bill.
    • Again, the procedure for the passage of the two bills varies significantly.

    Issues with notifying a bill as Money Bill

    • The Rajya Sabha (where the ruling party might not have the majority) has no power to reject or amend a Money Bill.
    • However, a Financial Bill must be passed by both Houses of Parliament.
    • The Speaker (nonetheless, a member of the ruling party) certifies a Bill as a Money Bill, and the Speaker’s decision is final.
    • Also, the Constitution states that parliamentary proceedings, as well as officers responsible for the conduct of business (such as the Speaker), may not be questioned by any Court.

     

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  • India’s role in UN Peacekeeping Missions

    Two BSF personnel recently got martyrdom who were part of the UN Peacekeeping Mission in the Democratic Republic of the Congo (DRC).

    Why in news?

    • A total 175 Indian peacekeepers have so far died while serving with the United Nations.
    • India has lost more peacekeepers than any other UN Member State.

    What is United Nations Peacekeeping?

    • UN Peacekeeping helps countries navigate the difficult path from conflict to peace.
    • UN peacekeepers are often referred to as Blue Berets or Blue Helmets because of their light blue berets or helmets) can include soldiers, police officers, and civilian personnel.

    UNPKF in operation

    • Since 1948, UN Peacekeepers have undertaken 71 Field Missions.
    • There are approximately 81,820 personnel serving on 13 peace operations led by UNDPO, in four continents currently.
    • This represents a nine-fold increase since 1999.
    • A total of 119 countries have contributed military and police personnel to UN peacekeeping.
    • Currently, 72,930 of those serving are troops and military observers, and about 8,890 are police personnel.

    India’s contribution to UN Peacekeeping

    • India has a long history of service in UN Peacekeeping, having contributed more personnel than any other country.
    • To date, more than 2,53,000 Indians have served in 49 of the 71 UN Peacekeeping missions established around the world since 1948.
    • Currently, there are around 5,500 troops and police from India who have been deployed to UN Peacekeeping missions, the fifth highest amongst troop-contributing countries.
    • India has also provided and continues to provide, eminent Force Commanders for UN Missions.
    • India is the fifth largest troop contributor (TCC) with 5,323 personnel deployed in 8 out of 13 active UN Peacekeeping Missions, of which 166 are police personnel.

    History of India’s contribution

    • India’s contribution to UN Peacekeeping began with its participation in the UN operation in Korea in the 1950s.
    • This is where India’s mediatory role in resolving the stalemate over prisoners of war in Korea led to the signing of the armistice that ended the Korean War.
    • India chaired the five-member Neutral Nations Repatriation Commission, while the Indian Custodian Force supervised the process of interviews and repatriation that followed.
    • The UN entrusted the Indian armed forces with subsequent peace missions in the Middle East, Cyprus, and the Congo (since 1971, Zaire).
    • India also served as Chair of the three international commissions for supervision and control for Vietnam, Cambodia, and Laos established by the 1954 Geneva Accords on Indochina.

    Role of women in Indian Peacekeeping

    • India has been sending women personnel on UN Peacekeeping Missions.
    • In 2007, India became the first country to deploy an all-women contingent to a UN Peacekeeping Mission.
    • The Formed Police Unit in Liberia provided 24-hour guard duty and conducted night patrols in the capital Monrovia, and helped to build the capacity of the Liberian police.
    • These women officers not only played a role in restoring security in the West African nation but also contributed to an increase in the number of women in Liberia’s security sector.

    Medical care as part of India’s Missions

    • In addition to their security role, the members of the Indian Formed Police Unit also organized medical camps for Liberians, many of whom have limited access to health care services.
    • Medical care is among the many services Indian Peacekeepers provide to the communities in which they serve on behalf of the Organization.
    • They also perform specialized tasks such as veterinary support and engineering services.

    India’s views on UN Peacekeeping

    • India is of the view that the international community must grasp the rapid changes that are underway in the nature and role of contemporary peacekeeping operations.
    • The Security Council’s mandates to UN Peacekeeping operations need to be rooted in ground realities, and co-related with the resources provided for the peacekeeping operation.
    • It is critical that troop and police contributing countries should be fully involved at all stages and in all aspects of mission planning.
    • There should be greater financial and human resources for peace-building in post-conflict societies, where UNPKOs have been mandated, according to officials.

     

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