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GS Paper: GS2

  • Russia-China Axis

    Russian President Vladimir Putin’s visit to China this month, as well as the Ukraine crisis, have turned the spotlight on Russia’s relations with China.

    News: China-factor in Ukraine Crisis

    • Many in the west have blamed the Russia-China axis for motivating Moscow’s recent moves and ensuring it will not be completely isolated in the face of western sanctions.
    • At the same time, Beijing has found itself walking a tightrope in its response and has so far stopped short of endorsing Russia’s actions.

    Russia-China Relations: A backgrounder

    • Relations between China and the former Soviet Union were frosty, marked by mistrust and doctrinal differences for most of the Cold War decades.
    • The change came in 1989, when Mikhail Gorbachev became the first Soviet leader to land in Beijing since Nikita Khrushchev in 1958.
    1. Economic dependency: A decade after the Soviet Union broke up, disappointed and humiliated and deep in economic crisis, Russia under Putin’s first presidency turned to China under President Jiang Zemin.
    2. Neighborhood: In 2001, the two countries signed the Treaty of Good-Neighbourliness and Friendly Cooperation, paving the way for expanding economic and trade ties.
    3. Technological support: For the new People’s Republic of China, the Soviet Union was the most important source of financial and technological support.
    4. Respect for sovereignty: Russia’s backing for China’s position on Taiwan is also a benchmark.

    Current state of ties

    • Last year, Russia’s Foreign Minister has described relations as the “best in their entire history”. Both premiers have met 38 times (in person and virtually) since 2013.
    • The biggest factor behind their current closeness is:
    1. Shared discomfort with the US and its allies
    2. NATO and its ideological cold war approaches
    3. Indo-Pacific strategy and QUAD
    4. One-China Principle

    Military closeness

    • China in 2014 became the first foreign buyer of the S-400 missile defence system, which India has also purchased (although there have been reported delays in delivery for reasons unknown).
    • Their joint exercises have also grown in scope.
    • Last year, a third “joint strategic air patrol” was held over the East China Sea.

    Trade and Commerce

    • Russia is China’s largest source of energy imports and second largest source of crude oil.
    • Energy set to account for 35% of trade in 2022.
    • China has been Russia’s biggest trading partner for 12 consecutive years and accounts for close to 20% of Russia’s total foreign trade (Russia, on the other hand, accounts for 2% of China’s trade).
    • But Russia is, for China, a key market for project contracts besides energy supplies.
    • Chinese companies signed construction project deals worth $5 billion last year — for the third straight year.

    Chinese response to the Ukraine Crisis

    • Given these deep trade linkages, China does not want instability (or, for that matter, a spurt in energy prices).
    • China has iterated that the sovereignty, independence and territorial integrity of all countries should be respected and safeguarded.
    • China has preferred resolution to the current crisis through diplomacy and a return to the Minsk Agreement.
    Minsk Agreement: They were a series of international agreements which sought to end the war in the Donbas region of Ukraine.

    Implications for the world

    • China has repeatedly underlined that it is sympathetic to Russia’s concerns on NATO, which mirror its own opposition to America’s allies in the Indo-Pacific.
    • As strategic back-to-back fraternal partners, China is obliged to bolster Russia in time of need.
    • With consistent support from China, the Russian economy has become increasingly resilient following years of sanctions imposed by the US and other Western developed countries.
    • A strong economy will back up Moscow to deflect ruthless economic coercion from the US.

    Implications for India

    • Strategists in the west and in India have often questioned the robustness of the relationship as well as Russia’s possible unease at being the “junior partner” and increasingly beholden to Chinese interests.
    • The Russian President’s invite to Pak PM Imran Khan is the recent unwelcomed moved for India.
    • In this regard, New Delhi expects Sino-Russian closeness to continue, which poses its own challenges.
    • This is not, however, an entirely new situation, as history reminds us, on how the Soviet Union responded to China’s attack on India in 1962.

    Conclusion

    • It is no doubt that India would restrict its foreign policy choices and undermine its own status as a rising power of global standing by taking sides in a conflict that has nothing to do with it.

     

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  • IT Ministry pitches for Data Monetization Policy

    The Ministry of Electronics and Information Technology’s proposal to monetise data collected at the central level has data policy and other experts divided.

    Backgrounder to this policy

    • The idea of monetising citizens’ data for greater public good was first floated by the government in the Economic Survey of 2018-19.
    • It had noted that since such data is generated and belongs to the people, it should be used for the people.
    • The survey had also noted that private sector could be granted access to “select databases” for commercial use.

    India Data Accessibility and Use Policy, 2022

    Key Propositions:

    • Sale of Public Data: The data, which has been collected by the central government and undergone some value addition be allowed to be sold for some price.
    • Identifying value data: The draft of the policy suggests new framework for identifying “high value data-set” on the basis of the data’s degree of importance in the market.
    • Establishment of India Data Office: The draft has also suggested setting up of a central India Data Office will be created under MeitY.
    1. Chief Data Officer: All the central government’s line ministries will have to form their respective Data Management Unit, which will be headed by a Chief Data Officer.
    2. India Data Council: These chief data officers along with the India Data Officer will together form the IDC, which will decide on the policy matters of data accessibility and its usage.
    • Data sharing toolkit: It will be the broad umbrella to help respective central or state government ministries and departments “assess and optimally manage” the risks associated with the release and sharing of such data.

    Significance of the move

    • Non-personal data as national resource: The thought process to consider non personal data as community or national resource, in itself is commendable.
    • Revenue generation: The core problem with the government selling citizens’ data is the revenue generation.
    • Boosting investments: The new policy will encourage data sharing among government departments and potentially help the investor ecosystem.

    Issues flagged with the Policy

    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, financial data.
    • Absence of Data Protection Law: The new draft policy has been announced at a time when the country is yet to finalise the countours of a data protection law.
    • State interference: The policy could also face pushback from big tech companies whose business model is based on the monetisation of large-scale data collection model.
    • Political risks: When the govt starts selling citizen data, even if anonymised, the government gets into business its making money.
    • Un-regulation: Once the govt starts making money, its very hard to reduce that activity or to regulate it in a manner where it is impartial to the public.
    • Anonymisation of data: There is a lack of proper standard and framework on data anonymisation leading to a possible that such data may be “reverse-engineered”.

    Way forward

    • This policy is a good intent in which the government can monetise the wide range of data it currently holds.
    • However it remains to be seen how the pricing mechanism would work.
    • It is important to understand that datasets cannot be priced uniformly, and the value of a particular dataset varies depending on the context in which it is solved.

     

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  • India’s Ukraine dilemma

    Context

    As diplomatic efforts to de-escalate the crisis in Ukraine continue, the time has come for Delhi to devote greater attention to Central Europe, which is at the heart of the contestation between Russia and the West.

    Recognising the role of Central Europe in shaping the geopolitics of Europe

    • Central Europe today has an identity of its own and the political agency to reshape European geopolitics.
    • It is important to remember that Central Europe is no longer just a piece of territory that Russia and the Western powers can divide into “spheres of influence”.
    • A grand bargain between Russia and the West will work only if it is acceptable to Central Europe.

    Need for diplomatic balancing on Ukraine by India

    • As war clouds gather over Ukraine, there is much focus on India’s diplomatic balancing act, its unwillingness to publicly caution Russia against invading Ukraine, and above all its reluctance to defend Ukraine’s sovereignty.
    • This is not the first time that Russia’s approach to Central Europe has put Delhi in a tight corner.
    • The Soviet invasion of Hungary in 1956, and Czechoslovakia in 1968, exposed an important tension in Indian diplomacy.
    • In Central Europe, India’s pragmatism in not offending Moscow (an important partner) runs against the utter unacceptability of Putin’s doctrine of “limited sovereignty”, a continuation of the Soviet era policy of saying that the socialist states must subordinate their sovereignty for the sake of the “collective interests of the socialist bloc”.

    Factors shaping India’s stand

    • Tension with China: The prospective Russian invasion of Ukraine comes amidst India’s military tensions with China and Delhi’s continued dependence on Moscow’s military supplies.
    •  It also comes at a time when Delhi is trying to build an international coalition against China’s brazen attacks on the territorial sovereignty of its Asian neighbours.
    • For the moment, Delhi is in a safe corner by calling for diplomacy in resolving the Ukraine crisis.
    • But if Russia does invade Ukraine, the pressure on India to rethink its position will mount.
    • Any such review must eventually lead to an independent appreciation of the geopolitics of Central Europe.

    Five factors that must shape India’s perspective on the geopolitics of Central Europe

    • 1] No taker for sphere of influence: Russia’s claim for a broad sphere of influence in the region has no takers in Central Europe.
    • 2]Need for political accommodation: While Russia has legitimate security interests in Central  Europe, they can only be realised through political accommodation.
    • Moscow cannot enforce a sphere of influence against the will of its prospective members.
    • 3] NATO as better option: few Central Europeans buy into the French vision for “European sovereignty” and “strategic autonomy”. 
    • They bet that NATO, led by the US, is a better option than a Europe that is independent of Washington.
    • They view with even greater distaste the prospects for Russo-German condominium over Central Europe.
    • 4] Resentment against imposition of political value:While they are eager to be part of the Western institutions, Central Europeans resent any attempt by the US and EU to impose political values that run against their traditional cultures.
    • 5] Sub regional institution: Central Europeans are eager to develop sub-regional institutions that can enhance their identity.
    • The Visegrad Four — Poland, Hungary, Czech Republic, and Slovakia — is one of them.
    • The so-called “Three Seas Initiative” brings together 12 European states running in a vertical axis from the Baltic Sea in the north to the Adriatic and Black Sea in the south.

    Conclusion

    Delhi can’t forever view this critical region through the prism of Russia’s conflict with the West. It must come to terms with its growing strategic significance.

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  • Enforcement of the Fundamental Duties

    The Supreme Court has asked the Union and the State governments to respond to a petition to enforce the fundamental duties of citizens, including patriotism and unity of the nation, through comprehensive, well-defined laws.

    What did the plea say?

    • The plea emphasized- the need to enforce FD arises from a new illegal trend of protest by protesters in the garb of freedom of speech and expression.
    • This has been increasingly done by way of blocking of road and rail routes in order to compel the government to meet their demands.

    What are Fundamental Duties?

    • The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.
    • It basically imply the moral obligations of all citizens of a country and today, there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to promote patriotism and strengthen the unity of India.
    • The FDs obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence.
    • They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.

    Judicial interpretation of FDs

    • The Supreme Court has held that FDs are not enforceable in any Court of Law.
    • It ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature.
    • There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian constitution into conformity with these treaties.

    Total FDs

    • Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002.

    The 10 fundamental duties are as follows:

    1. To oblige with the Indian Constitution and respect the National Anthem and Flag
    2. To cherish and follow the noble ideas that inspired the national struggle for freedom
    3. To protect the integrity, sovereignty, and unity of India
    4. To defend the country and perform national services if and when the country requires
    5. To promote the spirit of harmony and brotherhood amongst all the people of India and renounce any practices that are derogatory to women
    6. To cherish and preserve the rich national heritage of our composite culture
    7. To protect and improve the natural environment including lakes, wildlife, rivers, forests, etc.
    8. To develop scientific temper, humanism, and spirit of inquiry
    9. To safeguard all public property
    10. To strive towards excellence in all genres of individual and collective activities

    The 11th fundamental duty which was added to this list is:

    1. To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such opportunities are being awarded to their child. (86th Amendment, 2002)

     

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  • A case for specialists

    Context

    Given the fact that political input in economic policymaking is becoming dominant as regional and state-level issues assume overriding significance, it’s perhaps time to consider sheltering economics from politics and vice versa.

    Continuity in policy

    • The sudden withdrawal of farm laws last year and the repeal of the land acquisition ordinance in 2015 are two examples of policy backsliding in an otherwise decent record of policy continuity since 1991.
    • The overall trajectory of tariffs has been downward and average tariffs are now below 10 percent compared to over 400 percent before 1991.
    • As a favored rule, domestic policy priorities should not be held hostage to external pressures, but they can and ought to be used to push through difficult and desirable domestic reform.

    Challenges in achieving high growth

    • Challenges in reforms: Relying on chance events to drive reform might work in rare circumstances, but not when the aspiration is to become a $10 trillion economy by 2030.
    •  Realizing this target or even coming close to it will require sustained growth of over 15 percent per annum in nominal GDP — that’s no mean task.
    • The golden period of India’s growth fetched an 8.1 percent increase in real GDP between 2004 and 2009.
    • Even during this period, the growth story was cut short by the global financial crisis and devilled intermittently by institutional weaknesses.
    • Failure of institutions: The coal scam and the 2G scam are examples of the inability of institutions to keep pace with rapid growth.
    • As growth occurs, institutions also require sophistication, knowledge, and some (not complete) protection from political interference.

    Need for the fiscal council for budget-making process

    • The Monetary Policy Committee (MPC) in 2016, replaced RBI’s internal decision-making driven by the central bank governor to include three external experts to strengthen and bring transparency into monetary policy decisions. 
    • This can be extended to other important government functions, such as the budgetary process
    • Successive finance commissions and the Fiscal Responsibility and Budget Management (FRBM) Review Committee have recommended the creation of a fiscal council that, like the MPC, will bring transparency in the budget-making process.
    • The idea is simple, moderate the influence of the political agenda and powerful interest groups that could, and often do, capture the process.

    Suggestions on policymaking

    • It is art and science: Policymaking is nothing if not art that invokes science when expedient.
    • Domain experts should be an integral part of the formulation process.
    • Implementation, of course, can be left to the executive.
    • When the TRAI was first set up, it had a healthy combination of domain experts and public policy professionals, resembling a specialized regulatory agency that reflected a serious intent to strengthen capacity.
    • Importance of domain experts: Instead of going down the chosen path, TRAI has reversed gear and today resembles a government department.
    • In fact, this is the same affliction with almost all regulatory and policy institutions that are now a feature of India’s increasingly market-based economy.
    • As more sectors (for example, the Gati Shakti initiative) engage the private sector, lessons from the last quarter-century should not be wasted — domain expertise is conspicuous by its absence in regulatory and policy institutions.

    Way forward

    • Create a cadre of professionals: Commissions tend to be made up of retired civil servants or retired judges.
    • This is worrying and, therefore, it is vital to create a cadre of professionals with technical expertise for the complex tasks of managing the policy processes.
    • Distancing politics from the policy: The net needs to be cast wider so that politics and policy are distanced, not completely but certainly more than it is today.

    Consider the question “Politicians and economists have a love-hate relationship; they can’t do without each other. In context of this examine the issues with policymaking in India and why role of the domain expert is important in policymaking today?”

    Conclusion

    India should not be in a situation in which it is in perpetual hostage to vested interests of politics and business.

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  • Tapping technology for multilingual learning

    Context

    As the theme of International Mother Language Day 2022, it has much relevance in reshaping Indian higher education.

    India’s unique cultural and linguistic diversity

    • According to the Language Census in 2018, India is home to 19,500 languages or dialects, of which 121 languages are spoken by 10,000 or more people in our country.
    • For centuries, India has been home to hundreds of languages and thousands of dialects, making its linguistic and cultural diversity the most unique in the world. 
    • Our linguistic diversity is one of the cornerstones of our ancient civilisation.
    • Impact of globalisation: While languages are among the key bridges that ensure cultural and civilisational continuity, globalisation and Westernisation have impacted not just the growth but also the survival of many of our dialects in this rich cultural and linguistic tapestry.
    • Therefore, International Mother Language Day has special significance to the Indian context.

    Endangered languages

    • In November 1999, the UNESCO General Conference approved the declaration of February 21 as International Mother Language Day, in response to the declining state of many languages.
    • According to the UN agency, at least 43% of the estimated 6,000 languages spoken in the world are endangered.
    • UNESCO has been striving to protect the cultural and linguistic diversity of member-states through pro-active international measures.
    • It is our collective responsibility to revive and revitalise the 196 Indian languages which fall under the “endangered” category.

    Role of technology: This year’s theme

    • Globally, the role of technology came to the fore during the COVID-19 pandemic when school shutdowns forced educators and learners to adapt themselves to online education.
    • The theme of International Mother Language Day in 2022 — “Using Technology for Multilingual Learning: Challenges and Opportunities” — is one of special relevance to us.
    • The central idea is to leverage technology to support and enrich the teaching-learning experience on a multi-lingual level.
    •  It also aims at achieving a qualitative, equitable and inclusive educational experience.
    • Inevitably, the widespread use of technology would fast-track development.
    • Multilingual education predicated on the increasing use of one’s mother tongue is a key component of inclusion in education. 
    • Seen in its entirety, this is in line with Prime Minister Narendra Modi’s vision of “sabka saath, sabka vikas, sabka vishwas”.

    Direction of NEP

    • The National Education Policy (NEP) 2020 encourages the use of mother tongue as the medium of instruction till at least Class five but preferably till Class eight and beyond.
    • The use of mother tongue in teaching is bound to create a positive impact on learning outcomes, as also the development of the cognitive faculties of students.
    • There is a pressing need to create and improve scientific and technical terminology in Indian languages.
    • We have been able to create a large English-based education system which includes colleges that offer courses in medicine and multiple disciplines of engineering.
    • This impressive system paradoxically excludes a vast majority of learners in our country from accessing higher education.

    Way forward

    • The need to build an effective multilingual education system across diverse streams and disciplines becomes all the more imperative.
    • In this context, the collaboration between the AICTE and IIT Madras to translate some courses on the central government’s e-learning platform, Study Webs of Active Learning for Young Aspiring Minds (SWAYAM) into eight regional languages such as Tamil, Hindi, Telugu, Kannada, Bengali, Marathi, Malayalam and Gujarati, is commendable. Such tech-led initiatives will serve to democratise higher education.
    • At the same time, the decision of the AICTE to permit B. Tech programmes in 11 native languages, in tune with the NEP, is a historic move.
    • Our policy-planners, educators, parents and opinion leaders must bear in mind that when it comes to education in mother tongue and local languages, we can take the cue from European countries as well as Asian powers such as Japan, China and Korea, among others.

    Conclusion

    Co-existing over centuries, borrowing from and nurturing each other, our languages are interwoven with our individual, local and national identity.

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  • What is Permanent Indus Commission?

    A 10-member Indian delegation will visit Pakistan for the annual meeting of the Permanent Indus Commission (PIC) from March 1-3.

    Agenda this year

    • Pakistan has some objections on Indian hydroelectric projects namely Pakal Dul (1,000 MW), Lower Kalnai (48 MW) and Kiru (624 MW) in Chenab basin in Jammu and Kashmir.
    • Pakistan has raised objections on the design of these projects.
    • India, however, asserts that the design of the project is fully compliant with the provisions of the Indus Waters Treaty (IWT).

    Permanent Indus Commission

    • The PIC is a bilateral commission consisting of officials from India and Pakistan, created to implement and manage the goals and objectives, and outlines of the IWT.

    Indus Waters Treaty, 1960

    • The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan.

    Rights accorded to India

    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc.
    • It lays down precise regulations to build any water or hydel projects.
    • India has been given the right to generate hydroelectricity through run-of-the-river projects on the western rivers subject to specific criteria for design and operation.
    • The pact also gives the right to Pakistan to raise objections to designs of Indian hydroelectric projects on the western rivers.

    Based on equitable water-sharing

    • Back in time, partitioning the Indus rivers system was inevitable after the Partition of India in 1947.
    • The sharing formula devised after prolonged negotiations sliced the Indus system into two halves.
    • Equitable it may have seemed, but the fact remained that India conceded 80.52 percent of the aggregate water flows in the Indus system to Pakistan.
    • It also gave Rs 83 crore in pounds sterling to Pakistan to help build replacement canals from the western rivers. Such generosity is unusual of an upper riparian.
    • India conceded its upper riparian position on the western rivers for the complete rights on the eastern rivers.
    • Water was critical for India’s development plans.

    Significance of the treaty

    • It is a treaty that is often cited as an example of the possibilities of peaceful coexistence that exist despite the troubled relationship.
    • Well-wishers of the treaty often dub it “uninterrupted and uninterruptible”.
    • The World Bank, which, as the third party, played a pivotal role in crafting the IWT, continues to take particular pride that the treaty functions.

    Need for a rethink

    • The role of India, as a responsible upper riparian abiding by the provisions of the treaty, has been remarkable.
    • However, of late, India is under pressure to rethink the extent to which it can remain committed to the provisions, as its overall political relations with Pakistan becomes intractable.

     

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  • Sealed Cover Jurisprudence

    Some Parliamentarians and prominent figures have issued a statement expressing discontent over the Kerala High Court’s verdict upholding the transmission ban on a Malayalam news channel.

    What is the news?

    • The channel went off air as the Centre suspended its telecast over “security reasons”.
    • The High Court’s decision was based entirely on the assessment of documents presented by the MHA in a sealed cover.
    • The contents of which were not shared with the news channel.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation
    2. Details which are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhim Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Criticism of such acts

    • Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    How has judiciary responded to this?

    • In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.
    • This is possible even if the investigation is ongoing and said documents may lead to breakthrough in the investigation.

     

  • What is a First Information Report (FIR)?

    This newscard is an excerpt from the original article published in the IE.

    What is an FIR?

    • The term first information report (FIR) is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law.
    • However, but in police regulations or rules, information recorded under Section 154 of CrPC is known as FIR.
    • Section 154 (“Information in cognizable cases”) says that every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be recorded in writing.
    • It has to be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe.

    Important components of FIR

    In essence, then, there are three important elements of an FIR:

    1. the information must relate to the commission of a cognizable offence,
    2. it should be given in writing or orally to the head of the police station and,
    3. it must be written down and signed by the informant, and its key points should be recorded in a daily diary.

    What is a cognizable offence?

    • A cognizable offence/case is one in which a police officer may make an arrest without a warrant.
    • In the First Schedule, “the word ‘cognizable’ stands for ‘a police officer may arrest without warrant’; and the word ‘non-cognizable’ stands for ‘a police officer shall not arrest without warrant’.”

    What is the difference between a complaint and an FIR?

    • The CrPC defines a “complaint” as any allegation made orally or in writing to a Magistrate, that some person, whether known or unknown, has committed an offence, but does not include a police report.
    • However, an FIR is a document that has been prepared by the police after verifying the facts of the complaint.
    • The FIR may contain details of the crime and the alleged criminal.
    • If, on the basis of a complaint, it appears that a cognizable offence has been committed, then an FIR under Section 154 CrPC will be registered, and police will open an investigation.
    • If no offence is found, the police will close the inquiry.

    What in case of non-cognizable offences?

    • In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called “NCR”, is registered, and the complainant will be asked to approach a court for an order.
    • The court may then direct the police to conduct an investigation on the complaint.

    What is a Zero FIR?

    • When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR, and then transfers it to the concerned police station for further investigation.
    • This is called a Zero FIR. No regular FIR number is given.
    • After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.

    What if the police refuse to register an FIR?

    • Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned.
    • If the SP/DCP if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer.
    • If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court.
    • If the court is satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.

    What happens after an FIR is filed?

    • The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials. They can arrest the alleged persons as per law.
    • If there is sufficient evidence to corroborate the allegations of the complainant, then a charge sheet will be filed.
    • Or else, a Final Report mentioning that no evidence was found will be filed in court.
    • If it is found that no offence has been committed, a cancellation report will be filed. If no trace of the accused persons is found, an ‘untraced’ report will be filed.
    • However, if the court does not agree with the investigation report, it can order further investigation.

     

    Try this question from CSP 2021:

    Q.With reference to India, consider the following statements:

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”7mt3evgotr” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • UGC’s ‘Academic Bank of Credits’ scheme

    Context

    The National Education Policy (NEP) 2020 has recommended a revamp of the higher education scene in India. A new initiative stemming from this desire is an ‘Academic Bank of Credits’ (ABC) in higher education idea, which was notified recently by the University Grants Commission (UGC).

    About the Academic Bank of Credits’ (ABC)

    • Any undergraduate or postgraduate student can create an account in the ABC portal and store information of his/her completed courses (i.e., subjects/papers in old terminology) and grades obtained.
    • These grades are stored for a period of five years. 
    • As multiple institutes are connected to the ABC portal, one can be formally enrolled in university ‘A’ but can choose to do some courses from university ‘B’, some more from university ‘C’ and so on and all of these would count towards the student’s degree.
    • Flexible and multidisciplinary: One can enrol in an equivalent course from another college in the same city or join online courses offered by other universities; or can enrol in SWAYAM (a programme initiated by the  Government of India) or the National Programme on Technology Enhanced Learning (NPTEL) and add these credits.
    • Thus, education will truly become flexible and interdisciplinary, without forcing any single institute to float an unmanageable number of courses.
    • This flexibility will offer students a chance to enrol in a course and learn from teachers from some of the best institutes such as the Indian Institutes of Technology (IIT) or the Indian Institutes of Science Education and Research.

    Issues with ABC

    • Limited seats: ABC regulations say that the institute should allow up to 20% supernumerary seats for students enrolling through the ABC scheme.
    • There is no clarity on how the selection of students would be made if there are more than 20% seats.
    • Massive Open Online Courses (MOOC) platforms such as SWAYAM and NPTEL are ‘supposedly designed’ for large enrolments.
    • So far we have not found any evidence in the public domain that these MOOC platforms can provide a reliable assessment of learning achievement if there is massive enrolment for a course.
    • Filtering criterion: The ABC portal will accept courses from a large inumber of higher education institutes.
    • The filtering criterion in the original regulation was that higher education institutes should have obtained an ‘A’ grade or higher in the latest round of National Assessment and Accreditation Council (NAAC) accreditation.
    • This filtering criterion is not satisfactory.
    • Impact on small colleges: The ABC scheme specifies that students can avail up to 70% of courses from other institutes while being enrolled in a particular college.
    • If students avail these credits outside the parent college, they need not enrol for the corresponding in-house courses.
    • As the number of teaching posts in any higher education institute are calculated on the basis of student enrolment numbers, what happens when a large fraction of students do not enrol for the courses offered by you? 

    Conclusion

    In India, where the quality of education varies drastically from one institute to the next, this can lead to unmanageable academic and administrative issues in higher education institutes with brand names, and lead to a contraction in the number of teaching posts in smaller higher education institutes.

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