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GS Paper: GS2

  • BIMSTEC must get back on course

    Context

    As world attention remains focused on the war in Ukraine, leaders of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) will attend a summit meeting of the regional organisation.

    Fourteen pillars for special focus

    • Founded in 1997, the seven-member BIMSTEC includes the littoral states of India, Bangladesh, Sri Lanka, Myanmar (Thailand is a member too) and the land-locked states of Nepal and Bhutan.
    • BIMSTEC has identified 14 pillars for special focus.
    • These are trade and investment, transport and communication, energy, tourism, technology, fisheries, agriculture, public health, poverty alleviation, counter terrorism and transnational crime, environment and disaster management, people-to-people contact, cultural cooperation and climate change.
    • While each sector is important, the segmented approach has resulted in aspirations rather than action.
    • The upcoming summit is an opportunity to take concrete steps to address critical challenges confronting the region.

    Challenges facing Bay of Benga

    1] Threat facing marine ecosystem

    • The Bay is an important source of natural resources for a coastal population of approximately 185 million people.
    • The Bay of Bengal is home to a large network of beautiful yet fragile estuaries, mangrove forests of around 15,792 square kilometres, coral reefs of around 8,471 sq.km, sea grass meadows and mass nesting sites of sea turtles.
    • Loss of mangrove and coral reefs: The annual loss of mangrove areas is estimated at 0.4% to 1.7% and coral reefs at 0.7%. I
    • Increasing sea levels: It is predicted that the sea level will increase 0.5 metres in the next 50 years.
    • Cyclonic storms: Moreover, there have been 13 cyclonic storms in the last five years.
    • According to the Food and Agriculture Organization of the United Nations (FAO), the Bay of Bengal is one of IUU fishing hotspots in the Asia-Pacific.
    • The pressing challenges that confront the Bay of Bengal include the emergence of a dead zone with zero oxygen where no fish survive;
    • Leaching of plastic from rivers as well as the Indian Ocean;
    • Destruction of natural protection against floods such as mangroves; sea erosion;
    • Growing population pressure and industrial growth in the coastal areas and consequently, huge quantities of untreated waste flow.

    2] Security threats

    • Security threats such as terrorism, piracy and tensions between countries caused by the arrests of fishermen who cross maritime boundaries are additional problems.
    • The problem of fishermen crossing into the territorial waters of neighbouring countries affect India and Sri Lanka and Bangladesh and Myanmar (also Pakistan on the west coast).

    Way forward

    1] Tap the blue economy potential of Bay of Bengal by creating a regional mechanism

    • There are many opportunities to develop maritime trade, shipping, aquaculture and tourism.
    • The BIMSTEC Summit must create a new regional mechanism for coordinated activities on maritime issues of a transboundary nature.
    • There is also a need for greater scientific research on the impact of climate change in general and on fisheries in particular.
    • Cooperation on marine research: At present, there is limited cooperation between countries of the region in marine research.
    • The use of modern technology and improved fishing practices can go a long way in restoring the health of the Bay.

    2] Focus on the marine environmental protection

    • Marine environmental protection must become a priority area for cooperation in the Bay of Bengal.
    • Develop regional protocols: Regional protocols need to be developed and guidelines and standards on pollution control established.
    • Need for home-grown solutions: There is a need for home-grown solutions based on the capabilities of local institutions and for mutual learning through regional success stories.
    • Regional framework for data collection: There is a need to create regional frameworks for data collection.
    • Participatory approaches must be evolved for near-real-time stock assessment and the creation of a regional open fisheries data alliance.
    • The Bay of Bengal Programme (BOBP), an inter-governmental organisation based in Chennai, is doing good work to promote sustainable fishing.
    • A Bay Of Bengal Large Marine Ecosystem (BOBLME) project is also being launched by the FAO with funding from the Global Environmental Facility (GEF) and others.
    • The BIMSTEC summit must express full support for both BOBP and BOBLME.
    • The summit must mandate officials to come up with measures to curtail unsustainable as well as IUU fishing.
    • Harmonisation of laws in littoral states: Laws and policies in littoral states must be harmonised and the humanitarian treatment of fishermen ensured during any encounter with maritime law enforcement agencies.

    Conclusion

    The challenges that confront the Bay of Bengal region brook no more delay. BIMSTEC must arise, awake and act before it is too late.

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  • A good foreign policy must also make a difference at home

    Context

    This is the edited excerpts from the lecture delivered by India’s External Affairs Minister at St. Stephen’s College, Delhi on March 24.

    Relevance of foreign policy at personal level

    • Through a good foreign policy, our everyday needs from the world must be better met.
    • And since we are a collective as a country, our national security must be assured.
    • Foreign policy being the link to the outside, it should enable us to draw what we seek.
    • This could be in terms of technology or capital, best practices, or even work opportunities.
    • And obviously, we would all like to be strong; we would like to look good and we would like to feel appreciated.

    Recent instances in which India’s foreign policy directly influence the common man

    • Through Operation Ganga, Indian students stuck in Ukraine were brought home.
    • It was the result of intervention by India’s foreign policy apparatus at the highest levels in Russia and Ukraine to ensure the ceasing of fire for safe passage.
    •  When the first wave of Covid hit India in 2020, we scrambled across the world to secure PPEs, masks and ventilators.
    • And we did so in a seller’s market as the demand far exceeded supply.
    •  The second wave in 2021 saw a similar spike in demand for oxygen and specialised medicines from abroad.
    • Locating, negotiating and contracting supplies became the priority for Indian diplomacy. And it bent its back to deliver.

    Influence of foreign policy at the collective level

    • When it comes to security, external or internal, diplomacy could be a preventive, a mitigator or a problem-solver.
    • It can help raise awareness of a shared threat, just as it can find partners against common dangers.
    •  And then there is the economy, with its search for investment, technology and best practices.
    • In each of these sectors, foreign relationships can accelerate India’s progress.
    • And cumulatively, they expand employment and improve your quality of life.
    • It also matters to all of us what other nations think of India, our culture and our way of life.

    Role of foreign policy in delivering on development

    • The most effective foreign policy is one that delivers on development.
    • In Asia, all modernising economies have single-mindedly focused their external interactions on obtaining capital, technology and best practices from abroad.
    • It may be information technology or auto manufacturing, food production or food processing, metros or bullet trains, space capabilities or nuclear energy; the fruits of foreign collaboration are there today for all of us to see.
    • Newer challenges like green growth and climate action have started to open up still more possibilities.
    • All this happens because of our ability to identify, engage, negotiate and leverage opportunities of interest abroad across many many domains.

    Building blocks of India’s foreign policy

    • The six broad objectives that were spelt out to the policy-makers and implementers were clear.
    • 1] Shaping global perception: We must bring about a change of thinking in the world about us.
    • 2] Partnership on equal terms: The partnerships we should create should be on more equal terms, and with smaller countries, more generous.
    • 3] Shaping the global agenda: The global agenda and the big issues of our times should be shaped by India as much as possible.
    • 4] Leveraging foreign policy for domestic progress: Foreign relationships should be actively explored and leveraged for domestic development and progress.
    • 5] People-centric foreign policy: The very conceptualisation of foreign policy should be more people-centric.
    • 6] Our culture, traditions and thoughts should percolate our own articulation as well as influence international debates and initiatives.
    • Yoga and Ayurveda were obvious examples in this regard.

    Conclusion

    As we mark 75 years of independence, Azadi ka Amrit Mahotsav, there is good cause to be confident about our prospects. But to be so, it is equally important to be aware of the opportunities and challenges that the world currently presents. And surely, we can be so once we appreciate how much foreign policy really matters.

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  • Common University Entrance Test

    Context

    UGC introduced the Common University Entrance Test (CUET) for admissions in undergraduate courses in 45 central universities in the country.

    Benefits of Common University Entrance Test (CUET)

    • Deals with the issue of uneven quality of different boards: In a country like ours, because of the uneven quality of different school boards, there is a huge trust deficit and suspicion about the academic quality of even the “toppers”.
    • Eliminate the need for multiple exams: Furthermore, this centralised test would free the tension-ridden youngsters from the pressure of writing multiple entrance tests in different colleges/universities.
    • Eliminate the inflated cut-off: Likewise, the supremacy of the CUET score/ranking in the selection process would invariably eliminate inflated cut-offs for admissions in “branded” colleges.
    • It would avoid subjective biases, cherish objectivity, and quantify and measure one’s mental aptitude and domain knowledge in a specific discipline.

    Issues with the CUET

    • 1] Impact on true learning: the dominant structure of education prevalent in the country is essentially book-centric and exam-oriented.
    • Either rote learning or strategic learning (a gift of coaching centres) is its essence; and far from learning and unlearning with joy, wonder and creativity, young students become strategists or exam-warriors.
    • In the coming years, schools are going to lose their relevance as students and parents are likely to rely primarily on gigantic coaching centres and fancy Ed Tech companies.
    • 2] No scope for subjective interpretation:  The MCQ-centric “objective” tests diminishes what every genuine learner needs — creative exploration, interpretative understanding and self-reflexivity.
    • In the name of “objective” tests, our students are deprived of the hermeneutic art of interpretation and skill of argumentation and compelled to reduce everything into an “objective” fact, we would do great damage to their creativity.

    Conclusion

    For real transformation, we have to see beyond the CUET, work on the quality of schools and creatively nuanced life-affirming pedagogy; and we must think of honest and fair recruitment of spirited teachers, and relative autonomy of academic institutions.

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  • Criminal Procedure (Identification) Bill, 2022

    The bill that would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans, was introduced in the Lok Sabha.

    Criminal Procedure (Identification) Bill

    • It authorises law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons for the purposes of identification and investigation in criminal matters.
    • It seeks to repeal the Identification of Prisoners Act 1920 which provided for the collection of only fingerprints and footprints.
    • The said Act, in its present form, provides access to a limited category of persons whose body measurements can be taken.
    • As per the Bill, any state government OR Union Territory administration may notify an appropriate agency to collect, preserve and share the measurements of a person of interest in their respective jurisdictions.

    Why need such law?

    • The world has undergone technological and scientific changes, crime and its trend have increased.
    • Advanced countries across the globe are relying on new “measurement” techniques for reliable results.
    • It was felt necessary to expand the “ambit of persons” whose measurements can be taken as this will help investigating agencies gather sufficient legally admissible evidence and establish the crime of the accused person.
    • The Bill will not only help our investigation agencies but also increase prosecution.
    • There is also a chance of an increase in conviction rates in courts through this.

    Key features of the Bill

    The Bill seeks to:

    • Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
    • Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
    • Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
    • Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
    • Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

    Notable feature: Maintenance of Record

    • The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
    • The record of these measurements will be retained in digital or electronic form for a period of seventy-five years from the date of collection.
    • The court or Magistrate, for reasons to be recorded in writing, can direct agencies to maintain the records.
    • The records are to be destroyed in the case of any person who has not been previously convicted of an offence punishable under any law with imprisonment for any term.

    Refusal to Comply

    • Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC);
    • No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder;
    • Central government or state government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act;
    • Manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

    Issues with the Bill

    • Un-constitutionality: The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination.
    • Violation of Article 21: The Bill also seeks to apply these provisions to persons held under any preventive detention law.
    • Legislative competence of Centre: The Bill was beyond the legislative competence of Parliament as it violated fundamental rights of citizens, including the right to privacy.
    • Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.
    • Lack of clarity: Several provisions are not defined in the Bill itself.. For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
    • Other: While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

     

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  • States can identify Minorities: Centre

    In an affidavit filed in the top court, the Union Ministry of Minority Affairs said “state governments can also declare a religious or linguistic community as a ‘minority community’ within the state”.

    Why in news?

    • The Centre was responding to a petition filed stating that the followers of Judaism, Baha’ism and Hinduism — who are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur.
    • They however cannot establish and administer educational institutions of their choice.
    • The Centre said the allegation was “not correct”.
    • The government’s affidavit explained that Parliament and State legislatures have concurrent powers to enact laws to provide for the protection of minorities and their interests.

    Various states on Minorities

    • The Centre gave the example of how Maharashtra notified ‘Jews’ as a minority community within the State.
    • Again, Karnataka notified Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lambadi, Hindi, Konkani and Gujarati as minority languages within the State.

    Who are the Minorities?

    • Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
    • As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.
    • The population of Muslims are 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%.
    • Minority Concentration Districts (MCD), Minority Concentration Blocks and Minority Concentration Towns, have been identified on the basis of both population data and backwardness parameters of Census 2001 of these areas.

    Defining Minorities

    • The Constitution recognizes Religious minorities in India and Linguistic minorities in India through Article 29 and Article 30.
    • But Minority is not defined in the Constitution.
    • Currently, the Linguistic minorities in India are identified on a state-wise basis thus determined by the state government whereas Religious minorities in India are determined by the Central Government.
    • The Parliament has the legislative powers and the Centre has the executive competence to notify a community as a minority under Section 2(c) of the National Commission for Minorities Act of 1992.

    Article 29: It provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own, shall have the rights of minorities in India to conserve the same. Article 29 is applied to both minorities (religious minorities in India and Linguistic minorities in India) and also the majority. It also includes – rights of minorities in India to agitate for the protection of language.

    Article 30: All minorities shall have the rights of minorities in India to establish and administer educational institutions of their choice. Article 30 recognises only Religious minorities in India and Linguistic minorities in India (not the majority). It includes the rights of minorities in India to impart education to their children in their own language.

    Article 350-B: Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic minorities in India. However, the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the Constitution. It provides for a Special Officer for Linguistic Minorities appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

     

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  • In endgame of Vienna nuclear talks, Tehran holds the cards

    Context

    Iran’s foreign minister during his recent visit to Syria, noted that Iran and the major powers, who have been negotiating a mutual return to the Iran nuclear deal — or the Joint Comprehensive Plan of Action (JCPOA) — over the last eleven months, were closer to an agreement “than ever before”.

    Issues in the negotiation over Iran’s return to JCPOA

    • The ongoing eighth round of talks between Iran and P4+1, has been going on since December 27, 202.
    • These issues remaining are understood to be Tehran’s demand for guarantees against another withdrawal in the future, the verifiable lifting of all US sanctions, and the IAEA investigation into Iran’s past nuclear activities.
    • Guarantees against another withdrawal: On the issue of guarantees against another withdrawal, Iran is no longer demanding legal guarantees from Washington.
    • Lifting all sanctions: Tehran has refused to retreat from its uncompromising stance on the lifting of all US sanctions, while the Biden administration has so far been prepared to lift only those “inconsistent” with the deal.
    • Another key sticking point, though not directly related to the nuclear deal, is Iran’s demand that President Biden reverse his predecessor’s designation of Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organisation.

    Concerns

    •  Western interlocutors are alarmed by Iran’s shrinking breakout time — the time needed for gathering enough weapons-grade uranium to make a single nuclear warhead.
    • Also, they are concerned that the longer Iran stays outside the agreement, the more nuclear expertise and fissile material it will accumulate, thus making the original deal obsolete.
    • Thus, time is of the essence for reaching an agreement that will turn the clock back on Iran’s nuclear activities.

    Conclusion

    Iran uses its nuclear activities as a bargaining counter to seek an agreement that will best serve its interests. So, the early conclusion of the deal is important to turn the clock back on Iran’s nuclear activities.

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    Back2Basics: What is JCPOA

    • The Joint Comprehensive Plan of Action (JCPOA) is a agreement reached by Iran and the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States) on July 14, 2015.
    • The nuclear deal was endorsed by UN Security Council Resolution 2231, adopted on July 20, 2015.
    • Iran’s compliance with the nuclear-related provisions of the JCPOA is verified by the International Atomic Energy Agency (IAEA) according to certain requirements set forth in the agreement.
    • Despite Iran’s verified compliance with the deal, the United States unilaterally withdrew from the JCPOA on May 8, 2018, and subsequently re-imposed all U.S. sanctions on Iran lifted by the accord.
    • Then-U.S. President Donald Trump cited the deal’s sunset provisions and its failure to account for Iran’s ballistic missile program, among other things, as impetus for withdrawal from the accord.

  • The move to ease Voting for Overseas Citizens

    The Union Government was exploring the possibility of allowing online voting for non-resident Indians (NRI).

    Why in news?

    • The matter of to ease voting for NRIs comes in the wake of a proposal made by the Election Commission of India (ECI).
    • The Law Ministry in November 2020 decided to extend the facility of postal ballots to eligible NRIs for the various State Assembly elections to be held in 2021.
    • The ECI then, had proposed amending the Conduct of Election Rules, 1961, in order to allow this facility.

    NRI vs. OCI

    • The term NRI is a residential status designed by the Income Tax Department of the Indian government and has efficiency only during filing Income Tax returns.
    • On the other hand, OCI is an immigration status or special visa in layman’s language provided to foreign nationals of Indian origin by the Indian government to work or live indefinitely.

    How can overseas voters currently vote in Indian elections?

    • Prior to 2010, an Indian citizen who is an eligible voter and was residing abroad for more than six months, would not have been able to vote in elections.
    • This was because the NRI’s name was deleted from electoral rolls if he or she stayed outside the country for more than six months at a stretch.
    • After the passing of the Representation of the People (Amendment) Act, 2010, eligible NRIs who had stayed abroad beyond six months have been able to vote, but only in person at the polling station where they have been enrolled as an overseas elector.
    • Just as any resident Indian citizen above the age of 18 years) is eligible to vote in the constituency where she/he is a resident, overseas Indian citizens are also eligible to do so.
    • In the case of overseas voters, their address mentioned in the passport is taken as the place of ordinary residence and chosen as the constituency for the overseas voter to enroll in.

    How has the existing facility worked so far?

    • Hike in voters: From merely 11,846 overseas voters who registered in 2014, the number went up to close to a lakh in 2019. But the bulk of these voters (nearly 90%) belonged to just one State — Kerala.
    • Section 20-1A, Part III of the RP Act: It addresses this to some extent by qualifying “a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
    • Proxy provisions: The Bill provided for overseas voters to be able to appoint a proxy to cast their votes on their behalf, subject to conditions laid down in the Conduct of Election Rules, 1961.
    • Electronically Transmitted Postal Ballot System: The ECI then approached the government to permit NRIs to vote via postal ballots similar to a system that is already used by service voters, (a member of the armed Forces of the Union; or a member of a force to which provisions of the Army Act, 1950 (46 of 1950) which is ETPBS. The ECI proposed to extend this facility to overseas voters as well.

    What is ETPBS and how does it function?

    • The Conduct of Election Rules, 1961 was amended in 2016 to allow service voters to use the ETPBS.
    • Under this system, postal ballots are sent electronically to registered service voters.
    • The service voter can then download the ETPB (along with a declaration form and covers), register their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail.
    • The post will include an attested declaration form (after being signed by the voter in the presence of an appointed senior officer who will attest it).
    • The postal ballot must reach the returning officer by 8 a.m. on the day of the counting of results.
    • In the case of NRI voters, those seeking to vote through ETPBS will have to inform the returning officer at least five days after notification of the election.

    Will this facility be available to all overseas voters across countries?

    • There were news reports that the ECI had indicated to the Ministry of External Affairs that it would want postal voting introduced on a pilot basis in non-Gulf countries.
    • But the ECI had asked the Law Ministry to explore the possibility of extending postal ballots to overseas electors and not restrict it to any particular country.
    • In March 2021, the Ministry of External Affairs informed ECI that the implementation could require to overcome “huge logistical challenges” and needs “a realistic assessment of requirements”

    Are postal ballots a viable means of voting?

    • The ETPBS method allowed for greater turnout among service voters in the 2019 Lok Sabha election.
    • With the increasing mobility of citizens across countries for reasons related to work, the postal ballot method has been internationally recognized.
    • A postal ballot mechanism that allows for proper authentication of the ballot at designated consular/embassy offices and an effective postal system should ease this process for NRIs.

    Back2Basics: NRI vs OCI

    Non-Resident Indian (NRI)

    • To mention it, NRI is someone who is not a resident of India.
    • However, the law is much more complicated and must be delved deeper to gain an inclusive insight into the sector.
    • A person is considered a resident of India if he/she has been staying in India for a minimum tenure of 182 days during the previous financial year of a particular year. OR
    • A person living in India for a total of 365 days during the previous four financial years and a minimum of 60 days during the last financial years is considered a citizen for a particular year.
    • Now an NRI or a non-resident of India is eligible to pay charges for only the first two situations, which means either the income received or earned in India.
    • Therefore, the NRI status also influences the enjoyable rights of that person.

    Overseas Citizen of India (OCI)

    • OCI is a card issued by the government of India that denotes that a non-resident or foreigner has been permitted to stay and work within Indian boundaries.
    • Hence, this card provides foreigners with an immigration status without any limited tenure.
    • There are cases where PIOs of specific categories are allowed for OCI cards that have migrated from India to foreign countries (except Pakistan and Bangladesh) if the other government agrees for dual citizenship.
    • An individual holding an OCI card can be an overseas citizen of India in the layman’s language.
    • So an OCI is not a citizen of India, but the Indian government has given the cardholder permission to reside and work within the boundaries of India.
    • Residents migrating from Pakistan and Bangladesh are not eligible for holding the OCI card. Even if their parents are citizens of both countries, the applicants will be denied having an OCI card.

     

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  • Delhi Municipal Corporation (Amendment) Bill, 2022

    The Delhi Municipal Corporation (Amendment) Bill, 2022 was tabled in Lok Sabha.

    What is the MCD Amendment Bill?

    • The Bill seeks to amend The Delhi Municipal Corporation Act, 1957, to effectively undo the earlier 2011 amendment to the Act.
    • Under the 2011 Act, the erstwhile Municipal Corporation of Delhi (MCD) was trifurcated into separate North, South, and East Delhi Municipal Corporations.

    Key features of the Bill

    (1) Unification of Municipal Corporations in Delhi:

    • The Bill replaces the three municipal corporations under the Act with one Corporation named the Municipal Corporation of Delhi.

    (2) Powers of the Delhi government:

    • The Act as amended in 2011 empowers the Delhi government to decide various matters under the Act.
    • These include:
    1. Total number of seats of councillors and number of seats reserved for members of the Scheduled Castes,
    2. Division of the area of corporations into zones and wards,
    3. Delimitation of wards,
    4. Matters such as salary and allowances, and leave of absence of the Commissioner,
    5. Sanctioning of consolidation of loans by a corporation, and
    6. Sanctioning suits for compensation against the Commissioner for loss or waste or misapplication of Municipal Fund or property
    • Similarly, the Act mandates that the Commissioner will exercise his powers regarding building regulations under the general superintendence and directions of Delhi government.
    • The Bill instead empowers the central government to decide these matters.

    (3) Number of councillors:

    • The Act provides that the number of seats in the three corporations taken together should not be more than 272.
    • The 14th Schedule to the Act specifies 272 wards across the three Corporations.
    • The Bill states that the total number of seats in the new Corporation should not be more than 250.

    (4) Removal of Director of Local Bodies:

    • The Act provides for a Director of Local Bodies to assist the Delhi government and discharge certain functions which include:
    1. Coordinating between Corporations,
    2. Framing recruitment Rules for various posts, and
    3. Coordinating the collecting and sharing of toll tax collected by the respective Corporations.
    • The Bill omits this provision for a Director of Local Bodies.

    (5) Special officer to be appointed by the central government:

    • The Bill provides that the central government may appoint a Special Officer to exercise powers of the Corporation until the first meeting of the Corporation is held after the commencement of the Bill.

    (6) E-governance system for citizens:

    • The Bill adds that obligatory functions of the new Corporation will include establishing an e-governance system for citizen services on anytime-anywhere basis for better, accountable, and transparent administration.

    (7) Conditions of service for sweepers:

    • The Act provides that a sweeper employed for doing house scavenging of a building would be required to give a reasonable cause or a 14 day notice before discontinuing his service.
    • The Bill seeks to omit this provision.

    Issues with the Amendment Bill

    The Bill, when passed, will not return the MCD exactly to its pre-2011 situation.  There are many sections in the Bill that will make the new MCD very different from the older one.

    • New delimitation exercise: Reducing the number of seats means a new delimitation exercise will have to be conducted, which experts say will take at least three months, but is more likely to take six months.
    • Bureaucratization: Appointing a Special Officer means that until the elections are concluded, the Centre will likely appoint an officer to run the corporation. The Bill also does away with the provision of appointing a Director of Local Bodies by the Delhi government.
    • Central hegemony: The other significant change is the replacement of the word “government” with “Central government” in all places. The bill hence seeks to curtail the powers of the elected govt of New Delhi by introducing central hegemony.

     

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  • How does the CBI take up cases?

    The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.

    About 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.

    How does the CBI take up cases?

    • Unlike the NIA, CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime.
    • In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis.
    • For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.
    • In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

    Can the CBI decline to take up a case for investigation?

    • After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency.
    • If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up.
    • In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is overburdened.

    What is the CBI’s workload currently?

    • According to the latest Annual Report of the Central Vigilance Commission, the CBI registered 608 FIRs in 2019 and 589 FIRs in 2020.
    • In 2020, a total 86 cases related to demands for bribes by public servants for showing favour, and 30 cases for possession of disproportionate assets were registered.
    • Out of 676 cases in the year (including FIRs and Preliminary Enquiries), 107 cases were taken up on the directions of constitutional courts and 39 on requests from state governments/ Union Territories.
    • Also, there are over 1,300 vacancies in the CBI.

    What is the CBI’s progress on cases?

    • At the end of 2020, the CBI had 1,117 cases (both FIRs and PEs) pending investigation. In 2019, this number stood at 1,239.
    • During 2020, investigation was finalised in 693 FIRs and 105 PEs.
    • The conviction rate during the year was 69.83% against 69.19% in 2019.
    • At the end of 2020, 9,757 cases were pending in various courts.
    • The conviction rate in corruption cases was slightly lower at 67% in 2020.
    • Almost 2,000 corruption cases are pending trial for more than 10 years.

    What is the role of state consent in an investigation by the CBI?

    • Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI.
    • Opposition-ruled states have alleged the CBI has become its master’s voice, and has been unfairly targeting opposition politicians.
    • Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government.
    • CBI has claimed that this has tied its hands.

    Also read

    [Burning Issue] Central Bureau of Investigation

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  • Who are the Bucharest Nine (B9) Countries?

    The envoys to India of nine Eastern European countries called Bucharest Nine jointly wrote to acquaint the Indian public with the basic facts on the ground” about the “premeditated, unprovoked and unjustified Russian aggression in Ukraine”.

    What is Bucharest Nine?

    • The “Bucharest Nine” is a group of nine NATO countries in Eastern Europe that became part of the US-led military alliance after the end of the Cold War.
    • The Bucharest Nine or Bucharest Format, often abbreviated as the B9, was founded on November 4, 2015, and takes its name from Bucharest, the capital of Romania.
    • The group was created on the initiative of Klaus Iohannis, who has been President of Romania since 2014, and Andrzej Duda, who became President of Poland in August 2015.

    Composition

    • The B9 are, apart from Romania and Poland, Hungary, Bulgaria, the Czech Republic, Slovakia, and the three Baltic republics of Estonia, Latvia, and Lithuania.
    • All members of the B9 are part of the European Union (EU) and North Atlantic Treaty Organisation (NATO).
    • All nine countries were once closely associated with the now dissolved Soviet Union, but later chose the path of democracy.
    • Romania, Poland, Hungary, and Bulgaria are former signatories of the now-dissolved Warsaw Pact military alliance led by the Soviet Union.
    • The other Warsaw Pact countries were the erstwhile Czechoslovakia and East Germany, and Albania. Estonia, Latvia, and Lithuania were part of the former Union of Soviet Socialist Republics (USSR).

    Functions of B9

    • The B9 offers a platform for deepening the dialogue and consultation among the participant allied states, in order to articulate their specific contribution to the ongoing processes across the North-Atlantic Alliance.
    • It works in total compliance with the principles of solidarity and indivisibility of the security of the NATO Member States.

    Opposition to Russian expansion

    • The B9 countries have been critical of President Vladimir Putin’s aggression against Ukraine since 2014, when the war in the Donbas started and Russia annexed the Crimean peninsula.
    • After the Russian invasion of Ukraine on February 24, the B9 met in Warsaw.
    • Ukraine’s President has also appealed to the B9 for defense aid, sanctions, pressure on the aggressor Russia and create one anti-war coalition.

     

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