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GS Paper: GS2

  • UAPA enacts process as punishment

    Context

    Application of the UAPA in certain cases has caused concerns regarding its alleged “misuse”, and the rational answer would be to find ways to check “misuse”.

    Issues with UAPA

    • The police often use Section 13 in conjunction with other sections of the law.
    • Vague and undefined terms: Besides the usual inventory of well-defined verbs in S.13(1), such as “commits”, “advocates”, “abets”, “advises”, “incites” or “takes part”, there is S.13(2) which reads: “Whoever, in any way, assists any unlawful activity of any association declared unlawful… shall be punished.”
    • What does “in any way” mean? S.2(o), which defines “unlawful activity” does so in even more vague terms, as anything done by a person, whether as an act, or words, verbally, through signs or otherwise.
    • What does “otherwise” mean? Likewise, S.39 criminalises support to a terrorist organisation, where “support” is not even defined!
    • Wide and arbitrary powers: The semantic slippages are politically convenient as the UAPA vests extremely wide and arbitrary powers in the government to label something an “unlawful activity”.
    •  The political “use” of UAPA is scripted into the law itself, and the question of “misuse” does not arise.
    • Application of UAPA triggers a host of draconian procedures effectively barring bail, reversing burden of proof.

    Conclusion

    The conviction rate of 2.2 per cent testifies to how the UAPA enacts the process as punishment. It is time for political parties to eschew their blinkered approach and make an effort to repeal this unlawful law.

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  • What is Privilege Motion?

    A chief whip of the largest party in opposition in the Rajya Sabha has moved a privilege motion against Culture Minister over the appointment of the chairperson of the National Monuments Authority.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a privilege motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offences against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the privileges committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

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  • Mumbai-Karnataka Region renamed as Kittur Karnataka

    Karnataka has renamed the Mumbai-Karnataka region, consisting of seven districts, as Kittur Karnataka.

    What is the Mumbai-Karnataka Region?

    • The erstwhile Mumbai-Karnataka region consisted of Uttara Kannada, Belagavi, Dharwad, Vijayapura, Bagalkote, Gadag and Haveri districts.

    Reasons behind renaming

    • The Karnataka government has meant to dissociate itself from any ties with the erstwhile Presidency or colonial-era nomenclature in regions that came under the newly formed state of Karnataka in 1956.
    • The renaming is also to detach itself from any ties with Maharashtra.

    Claims made by Maharashtra

    • Maharashtra has staked claim to an area of over 7,000 sq. km along its border with Karnataka.
    • It comprised 814 villages in the districts of Belagavi, Uttara Kannada, Bidar and Gulbarga, and the towns of Belagavi, Karwar and Nippani.
    • Maharashtra wants to annex all these areas.
    • The erstwhile Bombay Presidency, a multilingual province, included present-day Karnataka districts of Vijayapura, Belagavi, Dharwad and Uttara Kannada.
    • The States Reorganisation Act of 1956 made Belagavi and 10 talukas of Bombay State a part of the then Mysore State (which was renamed Karnataka in 1973).

    A case pending in the Supreme Court

    • Successive governments in Maharashtra have demanded their inclusion within the state– a claim that Karnataka contests.
    • In 2004, the Maharashtra government moved the Supreme Court for a settlement of the border dispute under Article 131(b) of the Constitution.
    • It demanded 814 villages from Karnataka on the basis of the theory of village being the unit of calculation, contiguity and enumerating linguistic population in each village.
    • The case is pending in the apex court.

     

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  • FCRA

    The Supreme Court has reserved its judgment on petitions challenging the validity of amendments introduced in 2020 to the Foreign Contribution (Regulation) Act, 2010, aimed at tightening the curbs on NGOs allowed to receive foreign funds.

    About FCRA

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    Why was FCRA enacted?

    • The FCRA sought to consolidate the acceptance and utilisation of foreign contribution or foreign hospitality by individuals, associations or companies.
    • It sought to prohibit such contributions from being used for activities detrimental to national interest.

    What was the recent Amendment?

    • The FCRA was amended in September 2020 to introduce some new restrictions.
    • The Government says it did so because it found that many recipients were wanting in compliance with provisions relating to filing of annual returns and maintenance of accounts.
    • Many did not utilise the funds received for the intended objectives.
    • It claimed that the annual inflow as foreign contributions almost doubled between 2010 and 2019.
    • The FCRA registration of 19,000 organisations was cancelled and, in some cases, prosecution was also initiated.

    How has the law changed?

    There are at least three major changes that NGOs find too restrictive.

    • Prohibition of fund transfer: An amendment to Section 7 of the Act completely prohibits the transfer of foreign funds received by an organisation to any other individual or association.
    • Directed and single bank account: Another amendment mandates that every person (or association) granted a certificate or prior permission to receive overseas funds must open an FCRA bank account in a designated branch of the SBI in New Delhi.
    • Utilization of funds: Fund All foreign funds should be received only in this account and none other. However, the recipients are allowed to open another FCRA bank account in any scheduled bank for utilisation.
    • Shared information: The designated bank will inform authorities about any foreign remittance with details about its source and the manner in which it was received.
    • Aadhaar mandate: In addition, the Government is also authorised to take the Aadhaar numbers of all the key functionaries of any organisation that applies for FCRA registration or for prior approval for receiving foreign funds.
    • Cap on administrative expenditure: Another change is that the portion of the receipts allowed as administrative expenditure has been reduced from 50% to 20%.

    What is the criticism against these changes?

    • Arbitrary restrictions: NGOs questioning the law consider the prohibition on transfer arbitrary and too heavy a restriction.
    • Non-sharing of funds: One of its consequences is that recipients cannot fund other organisations. When foreign help is received as material, it becomes impossible to share the aid.
    • Irrationality of designated bank accounts: There is no rational link between designating a particular branch of a bank with the objective of preserving national interest.
    • Un-ease of operation: Due to Delhi based bank account, it is also inconvenient as the NGOS might be operating elsewhere.
    • Illogical narrative: ‘National security’ cannot be cited as a reason without adequate justification as observed by the Supreme Court in Pegasus Case.

    What does the Government say?

    • Zero tolerance against intervention: The amendments were necessary to prevent foreign state and non-state actors from interfering with the country’s polity and internal matters.
    • Diversion of foreign funds: The changes are also needed to prevent malpractices by NGOs and diversion of foreign funds.
    • Fund flow monitoring: The provision of having one designated bank for receiving foreign funds is aimed at making it easier to monitor the flow of funds.
    • Ease of operation: The Government clarified that there was no need for anyone to come to Delhi to open the account as it can be done remotely.

     

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  • MPLAD Scheme

    Citing economic recovery, the Union Cabinet has restored the Members of Parliament Local Area Development Scheme (MPLADS) till 2025-26.

    What is the MPLAD scheme?

    • The Members of Parliament Local Area Development Scheme (MPLADS) is a program first launched during the Narasimha Rao Government in 1993.
    • It is a Central Sector Scheme fully funded by Government of India.
    • It was aimed towards providing funds for developmental works recommended by individual MPs.

    Funds available

    • The MPs then were entitled to recommend works to the tune of Rs 1 crore annually between 1994-95 and 1997-98, after which the annual entitlement was enhanced to Rs 2 crore.
    • The UPA government since 2011-12 raised the annual entitlement to Rs 5 crore per MP.

    Implementation

    • To implement their plans in an area, MPs have to recommend them to the District Authority of the respective Nodal District.
    • The District Authorities then identify Implementing Agencies that execute the projects.
    • The respective District Authority is supposed to oversee the implementation and has to submit monthly reports, audit reports, and work completion reports to the Nodal District Authority.
    • The MPLADS funds can be merged with other schemes such as MGNREGA and Khelo India.

    Guidelines for MPLADS implementation

    • The document ‘Guidelines on MPLADS’ was published by the Ministry of Statistics and Programme Implementation in June 2016 in this regard.
    • It stated the objective of the scheme to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets.
    • Durable assets of national priorities viz. drinking water, primary education, public health, sanitation, and roads, etc. should be created.
    • It recommended MPs to works costing at least 15 percent of their entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 percent for areas inhabited by ST population.
    • It lays down a number of development works including construction of railway halt stations, providing financial assistance to recognized bodies, cooperative societies, installing CCTV cameras etc.

    Impact of the scheme continuation

    • It will restart the community developmental projects / works in the field which are halted / stopped due to lack of funds under MPLADS.
    • It will restart fulfilling the aspirations and developmental requirements of the local community and the creation of durable assets, which is the primary objective of the MPLADS.
    • It will also help in reviving the local economy.

    Answer this PYQ from CSP 2020:

    Q. With reference to the funds under the Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct?

    1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
    2. A specified portion of each MP’s fund must benefit SC/ST populations.
    3. MPLADS funds are sanctioned on a yearly basis and the unused funds cannot be carried forward to the next year.
    4. The district authority must inspect at least 10% of all works under implementation every year.

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 3 and 4 only

    (c) 1, 2 and 3 only

    (d) 1, 2 and 4 only

     

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  • There are shades of equality

    Context

    On October 29, the Supreme Court issued notice on an appeal of the Kerala government against a High Court order directing it to award the scholarships by the proportion of minorities in the overall population of the State. This case will be significant for constitutional law.

    Background

    • The Kerala government passed an executive order in 2015 prescribing that minority communities will be entitled to scholarships.
    •  Of the scholarships, 80% were distributed to Muslim students.
    •  In Justine Pallivathukkal v. State of Kerala (2021), the Kerala High Court set aside this order holding that all minorities must be treated alike. 
    • The government argued that its policy was based on the findings of the Sachar Committee report and the Kerala Padana report on the disadvantages faced by Muslims.
    •  It pointed out that Muslims were far behind Christians, Dalits and Adivasis in college enrolment, just as they are in employment and land ownership.

    Justification

    • The different kinds of backwardness of a community must be considered while awarding scholarship schemes.
    • Any other scheme defeats the purpose of offering scholarships to students from minority communities.
    • The High Court prohibited an allocation sensitive to social realities by adopting a form of blind equality approach.
    • It is important, therefore, that the Supreme Court corrects the error of the High Court.
    • The High Court’s reasoning suggests that access to the benefits of affirmative action must follow an approach which is blind to the relative backwardness of different communities.

    Conclusion

    Even when we identify disadvantaged castes or communities, we need to remember the forms of inequality and hierarchy among them. The logic of the High Court’s judgment forbids this.

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  • Project Sampoorna: A successful measure against malnutrition

    Project Sampoorna’s success in reducing child malnutrition is a model that can be easily implemented anywhere.

    What is Project Sampoorna?

    • Project Sampoorna has been implemented in the Bongaigaon district of Assam.
    • It aims to target Severe Acute Malnutrition (SAM) and Moderate Acute Malnutrition (MAM).
    • It was launched to target the mothers of SAM/ MAM children with the tagline being ‘Empowered Mothers, Healthy Children’.
    • It was based on the success of the community-based COVID-19 management model (Project Mili Juli).

    Key features of the project

    • Under this project, the mother of a healthy child of an Anganwadi Centre was paired with the target mother and they would be Buddy Mothers.
    • They were usually neighbours and shared similar socioeconomic backgrounds.
    • They were given diet charts to indicate the daily food intake of their children and would have discussions on all Tuesdays at the Anganwadi centres.
    • 100 millilitres of milk and an egg on alternate days for the children for the first 3 months were provided so that their mothers could stabilise themselves in the newly found jobs.
    • Children who had not improved were checked and treated by doctors under the Rashtriya Bal Swasthya Karyakram (RBSK).

    Success of the project

    • This project has prevented at least 1,200 children from becoming malnourished over the last year.
    • National Nutrition Mission and the State government recognised this project in the ‘Innovation Category’.
    • The mothers were enrolled in Self Help Groups (SHGs) under the National Rural Livelihoods Mission (NRLM) and were thus working.

     

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  • Global Drug Policy Index inaugurated

    The first-ever Global Drug Policy Index was recently inaugurated.

    Global Drug Policy Index

    • It is released by the Harm Reduction Consortium, ranks Norway, New Zealand, Portugal, the UK and Australia as the five leading countries on humane and health-driven drug policies.
    • It is a data-driven global analysis of drug policies and their implementation.
    • It is composed of 75 indicators running across five broad dimensions of drug policy:
    1. Criminal justice
    2. Extreme responses
    3. Health and harm reduction
    4. Access to internationally controlled medicines and
    5. Development

    Highlights of the 2021 ranking

    • The five lowest-ranking countries are Brazil, Uganda, Indonesia, Kenya, and Mexico.
    • Norway, despite topping the Index, only managed a score of 74/100.
    • And the median score across all 30 countries and dimensions is just 48/100.

    India’s performance

    • India’s rank is 18 out of 30 countries
    • It has an overall score of 46/100.

     

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  • India-Eurasia Relations

    Context

    Delhi’s Indo-Pacific strategy has acquired political and institutional traction, thanks to intensive Indian diplomacy in recent years. It must now devote similar energy to the development of a “Eurasian” policy.

    Need for Eurasian strategy and challenges

    • This week’s consultations in Delhi on the crisis in Afghanistan among the region’s top security policymakers is part of developing a Eurasian strategy.
    • National Security Advisor Ajit Doval has invited his counterparts from Pakistan, Iran, Central Asia, Russia, and China to join this discussion on Wednesday.
    • Pakistan has declined to join.
    • Pakistan’s reluctance to engage with India on Afghanistan reveals Delhi’s persisting problem with Islamabad in shaping a new Eurasian strategy.
    • But it also reinforces the urgency of an Indian strategy to deal with Eurasia.

    Factors shaping India’s Eurasian policy

    • The most important development in Eurasia today is the dramatic rise of China and its growing strategic assertiveness, expanding economic power and rising political influence.
    • Beijing’s muscular approach to the long and disputed border with Bhutan and India, its quest for a security presence in Tajikistan, the active search for a larger role in Afghanistan, and a greater say in the affairs of the broader sub-Himalayan region are only one part of the story.
    • Physical proximity multiplies China’s economic impact on the inner Asian regions.
    •  These leverages, in turn, were reinforced by a deepening alliance with Russia that straddles the Eurasian heartland. Russia’s intractable disputes with Europe and America have increased Moscow’s reliance on Beijing.
    • Amidst mounting challenges from China in the Indo-Pacific maritime domain, Washington has begun to rethink its strategic commitments to Eurasia. 
    • Whether defined as “burden-sharing” in Washington or “strategic autonomy” in Brussels, Europe must necessarily take on a larger regional Eurasian security role.
    • More broadly, regional powers are going to reshape Eurasia.

    What should be India’s approach to Eurasia

    • Like the Indo-Pacific, Eurasia is new to India’s strategic discourse.
    • To be sure, there are references to India’s ancient civilisational links with Eurasia.
    • While there are many elements to an Indian strategy towards Eurasia, three of them stand out.
    • Put Europe back into India’s continental calculus: As India now steps up its engagement with Europe, the time has come for it to begin a strategic conversation with Brussels on Eurasian security.
    • This will be a natural complement to the fledgling engagement between India and Europe on the Indo-Pacific.
    • India’s Eurasian policy must necessarily involve greater engagement with both the European Union and the North Atlantic Treaty Organisation.
    • Intensify the dialogue on Eurasian security with Russia: While Indo-Russian differences on the Indo-Pacific, the Quad, China, and the Taliban are real, Delhi and Moscow have good reasons to narrow their differences on Afghanistan and widen cooperation on continental Eurasian security.
    • Indian collaboration with both Persia and Arabia: If Persia’s location makes it critical for the future of Afghanistan and Central Asia, the religious influence of Arabia and the weight of the Gulf capital are quite consequential in the region.
    • India’s partnerships with Persia and Arabia are also critical in overcoming Turkey’s alliance with Pakistan that is hostile to Delhi.

    Challenges

    • Contradictions: India will surely encounter many contradictions in each of the three areas — between and among America, Europe, Russia, China, Iran, and the Arab Gulf.
    • As in the Indo-Pacific, so in Eurasia, Delhi should not let these contradictions hold India back.

    Consider the question ” Eurasia involves the recalibration of India’s continental strategy. India has certainly dealt with Eurasia’s constituent spaces separately over the decades. What Delhi now needs is an integrated approach to Eurasia. In the context of this, examine the challenges in India’s engagement with Eurasia and suggest the elements that should form part of India’s strategy towards Eurasia.”

    Conclusion

    The current flux in Eurasian geopolitics will lessen some of the current contradictions and generate some new antinomies in the days ahead. The key for India lies in greater strategic activism that opens opportunities in all directions in Eurasia.

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  • How India’s Gati Shakti Plan can have an impact beyond its borders

    Context

    The Gati Shakti National Master Plan will have an important economic multiplier effect at home, it must also be leveraged to have an external impact by aligning it with India’s regional and global connectivity efforts.

    Main components of the Gati Shakti National Master Plan

    • The Gati Shakti plan has three main components, all focused on domestic coordination.
    • Increase information sharing: The plan seeks to increase information sharing with a new technology platform between various ministries at the Union and state levels.
    • Reduce logistics’ costs: It focuses on giving impetus to multi-modal transportation to reduce logistics’ costs and strengthen last-mile connectivity in India’s hinterland or border regions.
    • Analytical tool: The third component includes an analytical decision-making tool to disseminate project-related information and prioritise key infrastructure projects.
    • This aims to ensure transparency and time-bound commitments to investors.

    How Gati Shakti Plan can strengthen India’s economic ties with its neighbours

    • The plan will automatically generate positive effects to deepen India’s economic ties with Nepal, Bhutan, Bangladesh, Myanmar and Sri Lanka, as well as with Southeast Asia and the Indian Ocean region.
    • India’s investment in roads, ports, inland waterways or new customs procedures generate positive externalities for these neighbours, who are keen to access the growing Indian consumer market.
    • Any reduction in India’s domestic logistics costs brings immediate benefits to the northern neighbour, given that 98 per cent of Nepal’s total trade transits through India and about 65 per cent of Nepal’s trade is with India.
    • In 2019, trade between Bhutan and Bangladesh was eased through a new multimodal road and waterway link via Assam.
    • The new cargo ferry service with the Maldives, launched last year, has lowered the costs of trade for the island state.
    • And under the South Asia Subregional Economic Cooperation Programme, India’s investments in multimodal connectivity on the eastern coast is reconnecting India with the Bay of Bengal and Southeast Asia through integrated rail, port and shipping systems.
    • Whether it is the alignment of a cross-border railway, the location of a border check post, or the digital system chosen for customs and immigration processes, India’s connectivity investments at home will have limited effects unless they are coordinated with those of its neighbours and other regional partners.
    • While India recently joined the Transports Internationaux Routiers (TIR) convention, which facilitates cross-border customs procedures, none of its neighbouring countries in the east has signed on to it.

    Suggestions for Gati Shakti Plan to have maximum external effect

    • First, India will have to deepen bilateral consultations with its neighbours to gauge their connectivity strategies and priorities.
    • Given political and security sensitivities, India will require diplomatic skills to reassure its neighbours and adapt to their pace and political economy context.
    • A second way is for India to work through regional institutions and platforms. SAARC’s ambitious regional integration plans of the 2000s are now defunct, so Delhi has shifted its geo-economic orientation eastwards.
    • The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) has got new momentum, but there is also progress on the Bangladesh, Bhutan, India, Nepal (BBIN) Initiative.
    • Finally, India can also boost the Gati Shakti plan’s external impact by cooperating more closely with global players who are keen to support its strategic imperative to give the Indo-Pacific an economic connectivity dimension.
    • This includes the Asian Development Bank and the World Bank, but also Japan, the US, Australia, EU and ASEAN.

    Conclusion

    Gati Shakti plan must also leveraged to have an external impact by aligning it with India’s regional and global connectivity efforts.

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