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GS Paper: GS2

  • How invasion of Ukraine could transform nuclear landscape of Asia

    Context

    Russian President Vladimir Putin’s nuclear sabre-rattling in Ukraine, has triggered a far more consequential debate on the importance of atomic weapons in deterring Chinese expansionism.

    Background

    • Ukraine agreed in 1994 to give up the nuclear weapons that it inherited from the Soviet Union in return for guarantees on Kyiv’s sovereignty and territorial integrity.
    • Clearly, those legal guarantees were no substitute for nuclear weapons.

    Changing stand on nuclear weapons

    • Debate in Japan: In an important statement last week, the former prime minister of Japan, Shinzo Abe, called for a national debate on hosting American nuclear weapons on Japanese soil.
    • One element of the debate is the fact that nuclear weapons remain the greatest deterrent, especially against a vastly superior adversary.
    • Korea strengthening nuclear deterrence: In South Korea, which is electing its president this week, front-runner Yoon Suk-yeol has talked of strengthening Seoul’s nuclear deterrence against both Pyongyang and Beijing.
    • Taiwan and Australia developing nuclear submarine: Taiwan, is reportedly developing a nuclear-powered submarine that could offer some deterrence against a Chinese invading force.
    • Australia, which is working with the UK and the US to build nuclear-powered submarines, is accelerating the project after the Ukraine invasion.

    Threat of escalation to nuclear war

    • The threat of escalation to the nuclear level was very much in the mind of NATO’s military planners when the alliance refused to be drawn into a firefight with Russia in Ukraine.
    • Moscow is also conscious of the fact that there are two nuclear weapon powers in Europe — Britain and France.
    • Nuclear sharing arrangement: Russia is also aware of the “nuclear sharing” arrangements between the US and some European allies — Belgium, Germany, Italy, and the Netherlands.
    • Under this framework, European allies host US nuclear weapons on their soil and authorise their armed forces to deliver American nuclear weapons on Russia.
    • Nuclear sharing also involves continuous consultations on nuclear doctrine and the planning of nuclear operations.
    • The US and its allies are also pursuing a “hybrid war” that boosts Ukrainian resistance against Russian armed forces and raises military, economic, and political costs of Moscow’s aggression.

    Threat of China invading Taiwan

    • Taiwan is far more important for Asian (and global) security than Ukraine is for Europe.
    • Taiwan sits at the heart of the Western Pacific and straddles the sea line of communication in the world’s most dynamic economic arena.
    • It is the main source of silicon chips for the world.
    • When China conquers Taiwan it will dramatically transform the geopolitics of Asia.
    • As Putin becomes more dependent on China, Russia is bound to back Xi Jinping’s ambitions in Asia.
    • This is the context in which China’s eastern neighbours are taking a fresh look at the nuclear option.
    • Nuclear sharing arrangement: On the nuclear front, the debate in Japan and South Korea is about potential nuclear sharing arrangements with the US.
    • In Taiwan and Australia, the emphasis is on developing nuclear-powered submarines.
    • Deployment of strategic weapons: The US too is debating the deployment of new strategic weapon systems in Asia that might encourage China to pause before trying to emulate Russia’s Ukraine adventure.

    Consider the question ” Russia’s invasion of Ukraine is going to transform the nuclear landscape of Asia. Comment.”

    Conclusion

    One way or another, Russia’s war in Ukraine is bound to transform the Asian nuclear landscape.

  • Russian Invasion of Ukraine: Global Implications

  • Do Economic Sanctions work as a deterrent?

    The economic sanctions imposed by the US, UK, and the EU on Russia for going to war against Ukraine could prove to be detrimental to the country.

    What do economic sanctions mean?

    • Economic sanctions are penalties or bans that are levied against a country to push it to modify its strategic decisions.
    • They include withdrawal of customary trade and financial relations for security and foreign policy purposes.
    • Sanctions could result in cutting economic ties in every respect such as terms of trade, financial assistance, transit support, travel bans, asset freezes, and trade restrictions.
    • The curbs could also be targeted, thus restricting transactions with certain businesses, groups, or individuals.
    • Amid increased global and economic interdependence, they could prove to be detrimental for the targeted country.

    How do sanctions impact an economy?

    • No country can afford to be a closed economy.
    • The affected country’s supply chain gets disrupted in terms of the inflow of goods and services and for reaching out to the export markets.
    • In the former, there is a risk of the internal economy being crippled, especially if it depends on imports of critical raw materials.
    • The domestic economy could also be deprived of external market support.
    • The risk element is high especially in case of economic curbs being imposed collectively, such as by the Organisation for Economic Co-operation and Development (OECD) or the North Atlantic Treaty Organization (NATO).

    What are the economic sanctions against Russia?

    • Major Russian banks have been banned from the SWIFT financial messaging service and their assets have been frozen.
    • Sanctions have been levied on the Russian Direct Investment Fund and against some of Russia’s wealthiest people.
    • Access to air-space has been denied and export controls introduced.
    • The countries imposing curbs on Russia account for 34% of world GDP.

    What is the cost of such restrictions?

    • This depends on the economic strength of the country being targeted.
    • Russia cannot be brushed aside as an ordinary economy.
    • The country is important to the global economy because of its oil reserves and access to nuclear power.
    • Russia is also a supplier of sophisticated defence products and is an important supplier of crucial defence products to India.
    • Given the long-term strategic nature of the relationship, India is abstaining from voting on resolutions to condemn Russia.

    How did India manage curbs after Pokhran-II?

    • India’s dependence on external assistance was more than $100 billion.
    • The government appealed to non-resident Indians (NRIs) whose annual savings were more than $400 billion.
    • NRIs’ subscription to government bonds was more than double the annual foreign assistance.
    • India could also showcase its scientific strength as none of the scientists involved were trained abroad.
    • This helped India display confidence, especially to investors.

     

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  • The complexities for implementing a No-Fly Zone

    The North Atlantic Treaty Organization (NATO) Secretary General stated that the organisation would not designate the Ukrainian airspace as a ‘No Fly Zone’ which he said would lead to a full-fledged war in Europe, involving many more countries and resulting in greater human suffering.

    What is a No-Fly Zone ?

    • In simple terms, a No-Fly Zone refers to a particular airspace wherein aircraft, excluding those permitted by an enforcement agency, are barred from flying.
    • Articles under Chapter VII of the United Nations Charter dealing with Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression’ are invoked to authorise a potential no-fly zone.
    • Article 39 dictates the United Nations Security Council (UNSC) to determine the probable existence of any threat to peace or an act of aggression.
    • It suggests further measures, if required, are to be carded out in accordance to Article 41 and 42 to restore international peace and security.
    • No fly zones have been implemented without UN mandate too.

    Cases of implementation

    • In 1991 after the first Gulf War, U.S. and its coalition partners imposed two no fly zones over Iraq to prevent Saddam Hussain born attacking ethnic groups.
    • In non-combat situations, No fly zones can be imposed permanently and temporarily over sensitive installations or for high profile events like Olympics.

    What is the feasibility of ‘No fly zone over Ukraine?

    • No-fly zone declarations are essentially a compromise in situations demanding a response to ongoing violence, but full military intervention is politically untenable.
    • NATO has previously imposed No-Fly Zones in non-member states like Libya and Bosnia. With Russia it fears a full-fledged war in Europe.
    • It has been demanding that NATO scale back to the pre-1997 arrangements. Both Russia and Ukraine are not members of NATO.
    • Due to this the idea of imposing a no fly zone’ over Ukraine has been rejected outright.
    • If implemented, it means NATO deploying aircraft and assets which would result in a direct confrontation with Russia.

    What are the broad contours in a No-Fly Zone?

    • The UNSC had banned all flights in the Libyan airspace post adoption of Resolution 1973 in 2011 in response to the Libyan Civil War.
    • Member slates were asked to deny permission to any Libyan registered aircraft to use the territory without requisite approval.
    • Further, the member states could bar any entity from flying if they found reasonable grounds to believe the aircraft is ferrying lethal or non-lethal military equipment.
    • Member states were permitted to allow flights whose sole purpose was humanitarian, such as delivery of medical supplies and food, chauffer humanitarian workers and related assistance, or evacuating foreign nationals from the territory.

     

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  • Labour Ministry launches ‘Donate a Pension’ Scheme 

    The Union Labour and Employment Ministry has launched the “donate a pension” scheme.

    ‘Donate a Pension’ Scheme

    • This scheme allows any citizen to pay the premium amount on behalf of an unorganized worker under the Pradhan Mantri Shram Yogi Maan-Dhan
    • Maan-Dhan scheme is a government scheme meant for old age protection and social security of unorganized workers.

    Eligibility criteria and benefits

    • The scheme was launched in 2019, allows unorganized sector workers between 18 and 40 years who earn up to â‚č15,000 a month to enroll by paying a premium amount between â‚č55 and â‚č200, depending on the age, that would be matched by the government.
    • On reaching the age of 60, the beneficiaries would get a â‚č3,000 monthly pension.

    Features of the scheme

    • The scheme allows a citizen to “donate the premium contribution of their immediate support staff such as domestic workers, drivers, helpers, caregivers, nurses in their household or establishment.
    • The donor can pay the contribution for a minimum of one year, with the amount ranging from â‚č660 to â‚č2,400 a year depending on the age of the beneficiary, by paying through maandhan.in or visiting a Common Service Centre.

     

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  • Why do Indians go abroad for medical studies?

    • According to estimates from Ukraine, reported in the media, around 18,000 Indian students are in Ukraine (before Operation Ganga).
    • Most of them are pursuing medicine.
    • This war has turned the spotlight on something that has been the trend for about three decades now.

    Preferred countries for medical degree

    • For about three decades now, Indian students have been heading out to Russia, China, Ukraine, Kyrgyzstan, Kazakhstan, and Philippines to pursue a medical degree.

    Hype of becoming a Doctor

    • Prestige: The desire to study medicine still holds a lot of value in the Indian community (the other is becoming an IAS officer).
    • Shortages of Doctor: In many rural areas, people still look at doctors as god’s incarnate.
    • Rarity of opportunity: The lack of equal opportunities exacerbated by the caste factor in the Indian context, has a great deal of impact on the prestige still associated with being a doctor.
    • Social upliftment ladder: For years, certain communities were denied the opportunities, and finally they do have a chance at achieving significant educational status.

    Why go abroad?

    • No language barrier: The medium of education for these students is English, a language they are comfortable with.
    • Affordability: The amount spent on living and the medical degree are far more affordable than paying for an MBBS seat in private medical colleges in India.
    • Aesthetics and foreign culture: People are willing to leave their home to study far away in much colder places and with completely alien cultures and food habits.
    • Practice and OPD exposure: It broadens students’ mind and thinking, expose them to a whole range of experiences, and their approach to issues and crises is likely to be far better.

    Doesn’t India have enough colleges?

    (a) More aspirants than seats

    • There are certainly far more MBBS aspirants than there are MBBS seats in India.
    • In NEET 2021, as per a National Testing Agency press release, 16.1 lakh students registered for the exam, 15.4 lakh students appeared for the test, and 8.7 lakh students qualified.
    • As per data from the National Medical Commission (NMC), in 2021-22, there were 596 medical colleges in the country with a total of 88,120 MBBS seats.
    • While the skew is in favour of Government colleges, it is not greatly so, with the number of private medical institutions nearly neck-to-neck with the state-run ones.

    (b) Fees structure

    • That means over 50% of the total seats are available at affordable fees in Government colleges.
    • Add the 50% seats in the private sector that the NMC has mandated must charge only the government college fees.
    • In fully private colleges, the full course fees range from several lakhs to crores.

    (c) Uneven distribution of colleges

    • These colleges are also not distributed evenly across the country, with States such as Maharashtra, Karnataka, Tamil Nadu and Kerala having many more colleges.

    What about costs?

    • The cost factor on both sides of an MBBS degree is significant.
    • The costs of an MBBS degree in a Government college tot up to a few lakhs of rupees for the full course, but in a private medical college, it can go up to â‚č1 crore for the five-year course.
    • In case it is a management seat, capitation fees can inflate the cost by several lakhs again.
    • Whereas, an MBBS course at any foreign medical university in the east and Eastern Europe costs far less (upto â‚č30lakh-â‚č40 lakh).

    Way forward

    • While PM Modi emphasised that more private medical colleges must be set up in the country to aid more people to take up MBBS, medical education experts have called for pause on the aspect.
    • If the aim is to make medicine more accessible to students of the country, the path ahead is not in the private sector, but in the public sector, with the Central and State governments’ involvement.
    • Starting private medical colleges by reducing the strict standards set for establishing institutes may not actually be the solution to this problem, if we think this is a concern.

    Conclusion

    • Creating more medical colleges will be beneficial for the country, if access and availability can be ensured.
    • This will not be possible by resorting to private enterprise only.
    • The State and Central governments can start more medical colleges, as recommended by NITI Aayog, by utilising district headquarters hospitals, and expanding the infrastructure.
    • This way, students from the lower and middle socio-economic rung, who are otherwise not able to access medical seats, will also benefit.

     

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  • Highlights of the Democracy Report 2022

    A Sweden-based institute has said that India is no longer an ‘electoral democracy’, classifying the country as an ‘electoral autocracy’ instead.

    About the report

    • The study, titled ‘Democracy Report 2022: Autocratisation Changing Nature?’ states that more than twice as many countries are undergoing Autocratisation as are witnessing democratization.
    • The conceptual scheme takes into account not only the electoral dimension (free and fair elections) but also the liberal principle that democracy must protect “individual and minority rights”.
    • The V-Dem report classifies countries into four regime types based on their score in the Liberal Democratic Index (LDI):
    1. Liberal Democracy
    2. Electoral Democracy
    3. Electoral Autocracy and
    4. Closed Autocracy

    What is the report’s methodology?

    • Since key features of democracy, such as, judicial independence, are not directly measurable, and to rule out distortions due to subjective judgments, V-Dem uses aggregate expert judgments.
    • It gathers data from a pool of over 3,700 experts worldwide who provide judgments on different concepts and cases.
    • Leveraging the diverse opinions, the V-Dem’s measurement model algorithmically.

    The Liberal Democratic Index (LDI)

    • The LDI captures both liberal and electoral aspects of a democracy based on 71 indicators that make up the:
    1. Liberal Component Index (LCI): It measures aspects such as protection of individual liberties and legislative constraints on the executive.
    2. Electoral Democracy Index (EDI): It considers indicators that guarantee free and fair elections such as freedom of expression and freedom of association.
    • In addition, the LDI also uses:
    1. Egalitarian Component Index (to what extent different social groups are equal)
    2. Participatory Component Index (health of citizen groups, civil society organisations) and
    3. Deliberative Component Index (whether political decisions are taken through public reasoning focused on common good or through emotional appeals, solidarity attachments, coercion)

    Highlights of the report

    • The democratic gains of the post-Cold War period are eroding rapidly in the last few years.
    • Autocratisation is spreading rapidly, with a record of 33 countries autocratising.
    • The level of democracy enjoyed by the average global citizen in 2021 is down to 1989 levels.
    • While Sweden topped the LDI index, other Scandinavian countries such as Denmark and Norway, along with Costa Rica and New Zealand make up the top five in liberal democracy rankings.

    What does the report say about India?

    • India is one of the top ten ‘autocratisers’ in the world says the report.
    • The report classifies India as an autocracy (‘electoral autocracy’) rather than a democracy, ranking it 93rd on the liberal democracy index, out of 179 countries.
    • The report notes that India is part of a broader global trend of an anti-plural political party driving a country’s Autocratisation.
    • Ranked 93rd in the LDI, India figures in the “bottom 50%” of countries.
    • It has slipped further down in the Electoral Democracy Index, to 100, and even lower in the Deliberative Component Index, at 102.
    • In South Asia, India is ranked below Sri Lanka (88), Nepal (71), and Bhutan (65) and above Pakistan (117) in the LDI.

    Concerns raised by the report

    • (Communal) Polarisation: The report also points out that “toxic levels of polarisation contribute to electoral victories of anti-pluralist leaders and the empowerment of their autocratic agendas”.
    • Rise of political hate speeches: The report states that measures of polarisation of society, political polarisation, and political parties’ use of hate speech tend to systematically rise together to extreme levels.
    • Misinformation as a policy tool: The report identified “misinformation” as a key tool deployed by autocratising governments to sharpen polarisation and shape domestic and international opinion.
    • Repression of civil society and censorship of media: These were other favored tools of autocratising regimes.
    • Declining autonomy of Election bodies: The report also found that decisive autonomy for the electoral management body (EMB) deteriorated in 25 countries.

    Note: The west uses every nook and corner to bully India in all walks of life. This report is an evidence. It ranks India as more autocratic than Pakistan (where democracy is a namesake joke). Credibility of such reports are definitely questionable. But we as an aspirant have to take cognisance of such reports (but not very seriously).

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  • FATF retains Pakistan on its terror funding ‘Grey List’

    The global money laundering and terrorist financing watchdog Financial Action Task Force (FATF) has retained Pakistan on its terrorism financing “grey list”.

    What is the FATF?

    • FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
    • The FATF Secretariat is housed at the OECD headquarters in Paris.
    • It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
    • As of 2019, FATF consisted of 37 member jurisdictions.

    India and FATF

    • India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
    • On June 25, 2010, India was taken in as the 34th country member of FATF.
    • The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.

    What is the role of FATF?

    • Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
    • Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.

    What is the Black List and the Grey List?

    • Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
    • Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.

    Consequences of being in the FATF black list:

    • Economic sanctions from IMF, World Bank, ADB
    • Problem in getting loans from IMF, World Bank, ADB and other countries
    • Trade sanctions: Reduction in international trade
    • International boycott

    Pakistan and FATF

    • Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
    • It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
    • FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.

     

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  • Why draft data accessibility policy is dangerous

    Context

    The Ministry of Electronics and Information Technology (MEITY) released the“Draft India Data Accessibility & Use Policy 2022”.

    Objectives of the policy

    •  If passed, it would govern, “all data and information created/generated/collected/archived by the Government of India” as much as, “State Governments [who] will also be free to adopt the provisions of the policy”.
    • The twin purpose to which this data will be put to will be government-to-government sharing and high value datasets for valuation and licensing.

    Issues with the draft policy

    1] Original objective will get dilutes in favour of commercial interests

    • The immediate risk arises when a government starts licensing citizen data.
    • Over the past three years, there has been a rapid expansion in the nature and scope of our most intimate details.
    • While the middle classes faced the mendacity of voluntarily linking their Aadhaar to their bank accounts and mobile connections, today, the digital sweep is all pervasive.
    • For agriculture, there is an Agristack; for unorganised labourers, we have the e-SHRAM portal; in health we have Aarogya Setu and ABHA (Ayushman Bharat Digital Health Mission); and for school children and teachers there is NDEAR (National Digital Education Architecture).
    • For every area of our lives, the government now has a database filled with our personal data.
    • Purpose of data collection: The stated purpose for collection has been improving service delivery, planning and checking leakages.
    • Public data is now being viewed as a prized asset of the Union government that should be freely shared, enriched, valued and licensed to the private sector. 
    • Given that more data means more money, commercial interests will prompt the government to collect granular personal details through greater capture and increased retention periods.
    • Tying government policy determinations with a fiscal potential may also lead to distortion of the aims of data collection — the welfare of farmers, healthcare, unorganised labourers or even schoolchildren.
    • There is no indication that consent will be sought in a meaningful form.
    • Over time, the original objectives for which databases are built will get diluted in favour of commercial interests.

    2] Absence of values and objectives related to transparency

    • The second issue emerges from the disingenuous phrasing of “making data open by default”.
    • Importance of open data: The World Bank notes that one of the first benefits of open data is that it supports “public oversight of governments and helps reduce corruption by enabling greater transparency”.
    • These principles were recognised in past policy pronouncements of the government.
    • Specifically, the National Data Sharing and Accessibility Policy, 2012 and the implementation guidelines formulated in 2017 refer to the Right to Information Act, 2005.
    • However, within the present draft data accessibility policy, while the phrase “open data” has been used, its values and objectives are absent.
    • The primary, overpowering objectives in the draft data accessibility policy and the background note are commercial.

    3] Absence of legal basis

    • The final area for reconsideration is a larger trend of policy-based administration detached from our constitutional framework.
    • Compounding this problem, the present policy, as many others, is untethered to any legislative basis and contains no proposals for the creation of a legal framework.
    • As per the Supreme Court’s Puttaswamy judgment on the fundamental right to privacy, the first ingredient to satisfy constitutionality is the existence of a legal, more often a legislative, basis.
    • Without a law, there is absence of defined limits to data sharing that are enforceable and contain remedies.
    • Inadequate provisions for privacy preservation: In this case, the promise of privacy preservation through anonymisation tools holds little promise when it cannot be independently assessed by a body for data protection.
    •  Even heavily sampled anonymised datasets are unlikely to satisfy the modern standards for anonymisation set forth by GDPR and seriously challenge the technical and legal adequacy of the de-identification release-and-forget model.
    • This becomes vital as it is the principal measure suggested in the draft data accessibility policy.

    Suggestions

    • Parliamentary enactments also help bring accountability through deliberation that furthers foresight and contains financial memorandums – given that public money would be spent to enrich datasets of public data.
    • Since the policy contemplates sharing data between databases of the central and state governments as well as through central funded schemes, it may also be prudent to deliberate further in the Rajya Sabha. 
    •  Federalism becomes a relevant issue given that such data, when it is generated, processed and enriched by state governments to comply with interoperability standards, will lead to revenue generation for itself.

    Consider the question “What are the benefits of open data? Why privacy and welfare activists have raised concerns with the Draft India Data Accessibility & Use Policy 2022?”

    Conclusion

    These are the glaring issues in this short,  draft data accessibility policy, which appears to transform the Union government into a data broker.

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  • What is ‘General Consent’ for CBI?

    Meghalaya has withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state in the country to have taken this step.

    General Consent

    • Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
    • This makes consent of a state government mandatory for conducting an investigation in that state.
    • There are two types of consent: case-specific and general.
    • Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

    When is Consent needed?

    • General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
    • Almost all states have given such consent.
    • Otherwise, the CBI would require consent in every case.

    What does the withdrawal of consent mean?

    • It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
    • Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.

    Under what provision has general consent been withdrawn?

    • In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.
    • Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.

    Does that mean that the CBI can no longer probe any case in the two states?

    • The CBI would still have the power to investigate old cases registered when general consent existed.
    • Also, cases registered anywhere else in the country, but involving people stationed in that particular state would allow CBI’s jurisdiction to extend to these states.
    • There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government.

    Why such a move by the States?

    • If a state government believes that the ruling party’s ministers or members could be targeted by CBI on orders of the Centre, and that withdrawal of general consent would protect them.
    • This is a debatable political assumption.
    • CBI could still register cases in Delhi which would require some part of the offence being connected with Delhi and still arrest and prosecute ministers or MPs.
    • The only people it will protect are small central government employees.

    Legal Remedies for CBI

    • The CBI can always get a search warrant from a local court in the state and conduct searches.
    • In case the search requires a surprise element, there is CrPC Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf.
    • And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving notice to the latter.

    Back2Basics: Central Bureau of Investigation (CBI)

    • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    Cases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    Issues with CBI

    • Caged parrot: The Supreme Court has criticized the CBI by calling it a “caged parrot speaking in its master’s voice”.
    • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
    • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
    • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
    • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
    • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
    • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
    • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

    Reforming CBI

    • Need for autonomy:   As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
    • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
    • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
    • Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
    • Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
    • Annual social audit should be carried out by ten reputed, knowledgeable persons with background of law, justice, public affairs and administration and the audit report should be placed before the parliament.

     

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