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GS Paper: GS2

  • [pib] DigiSaksham Initiative

    The Ministry of Labour and Employment has launched DigiSaksham Initiative.

    DigiSaksham

    • It is joint initiative with Microsoft India is an extension of the Government’s ongoing programs to support the youth from rural and semi-urban areas.
    • Through DigiSaksham initiative, free of cost training in digital skills including basic skills as well as advance computing, will be provided to more than 3 lakh youths in the first year.
    • The Jobseekers can access the training through National Career Service (NCS) Portal.
    • DigiSaksham will be implemented in the field by Aga Khan Rural Support Programme India (AKRSP-I).

    Training offered

    • Under the initiative, there will be basically three types of training viz. Digital Skills – Self paced learning, VILT mode training (Virtual Instructor led) and ILT mode training (Instructor led).
    • The ILT training which is in person training would be conducted at the Model Career Centres (MCCs) and National Career Service Centres (NCSC) for SCs/STs across the country.
    • Students will be able to access training in areas like Java Script, Data Visualisation, Advance Excel, Power Bi, HTML, Programming languages, software development fundamentals, Introduction to coding etc.

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  • PM-CARES

    We all know that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund doesn’t come under the ambit of Right to Information (RTI). This oped seeks to discuss certain aspects of this issue.

    Present context

    • In a recent affidavit, the Delhi High Court was informed that the PM CARES Fund is not a Government of India fund and that the amount collected by it does not go to the Consolidated Fund of India is strange.
    • This petition is seeking the PM-CARES fund to be declared as the “State” under Article 12 of the Constitution.

    Intriguing facts about PM-CARES fund

    • PM CARES has been created not by law, not by notification, but by the mere creation of a webpage, and set up last year in March to raise funds for those affected by the COVID-19 pandemic.
    • The page lists its structure, functions and duties in an arbitrary manner. The official appeals for funds are made under the national emblem.
    • The most significant lie of this sworn statement is that the Government has no control over the Fund.

    What is the case?

    • The PM-CARES Fund was not subject to CAG audit since the Supreme Court regarded it as a public charitable trust.
    • It is not under public scrutiny. Also contributions to it were 100% tax-free.
    • It is accused that there was statutory fund already in existence under the Disaster Management Act of 2005 to receive contributions to finance the fight against a calamity.

    What is RTI?

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.

    About PM CARES Fund

    • The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
    • The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
    • The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
    • The fund will also enable micro-donations. The minimum donation accepted is â‚č10 (14Âą US).

    The other funds

    (1) National Disaster Response Fund (NDRF)

    • The statutorily constituted NDRF was established under the Disaster Management (DM) Act of 2005.
    • The NDRF is mandated to be accountable, and answerable under the RTI Act, being a public authority, and auditable by the Comptroller and Auditor General of India.

    (2) Disaster Response Fund

    • The DM Act also provided for a Disaster Response Fund — state and district level funds (besides the national level).
    • It also collects and uses the donations at the local level, with mandatory transparency and audit provisions.

    (3) Prime Minister’s National Relief Fund

    • There is the PMNRF operative since the days of Jawaharlal Nehru. It was established with public contributions to assist displaced persons from Pakistan.
    • The resources are now utilised primarily to render immediate relief to families of those killed in natural calamities and to the victims of the major accidents and riots.
    • However, it has the President of India and the Leader of Opposition also as trustees.

    Issues over PM-CARES Fund

    • No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
    • Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
    • Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.

    Questions and gaps

    • Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
    • Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
    • Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
    • Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.

    Issue over tax benefits

    • Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
    • CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
    • Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.

    What can be inferred from all these?

    • The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
    • The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.

    Query and response: Again ironical

    • After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
    • The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.

    Severe interpretations: Is it an Office of Profit?

    • If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.
    • And that could disqualify him and the three Ministers from holding those constitutional offices.

    Conclusion

    • In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
    • The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.

     

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  • PM Poshan Shakti Nirman Scheme

    The existing Mid-Day Meal scheme, which provides hot meals to students, has been renamed as the National Scheme for PM Poshan Shakti Nirman.

    Key propositions in the PM POSHAN Scheme

    • Supplementary nutrition: The new scheme has a provision for supplementary nutrition for children in aspirational districts and those with high prevalence of anaemia.
    • States to decide diet: It essentially does away with the restriction on the part of the Centre to provide funds only for wheat, rice, pulses and vegetables. Currently, if a state decides to add any component like milk or eggs to the menu, the Centre does not bear the additional cost. Now that restriction has been lifted.
    • Nutri-gardens: They will be developed in schools to give children “firsthand experience with nature and gardening”.
    • Women and FPOs: To promote vocal for local, women self-help groups and farmer producer organisations will be encouraged to provide a fillip to locally grown traditional food items.
    • Social Audit: The scheme also plans “inspection” by students of colleges and universities for ground-level execution.
    • Tithi-Bhojan: Communities would also be encouraged to provide the children food at festivals etc, while cooking festivals to encourage local cuisines are also envisaged.
    • DBTs to school: In other procedural changes meant to promote transparency and reduce leakages, States will be asked to do direct benefit cash transfers of cooking costs to individual school accounts, and honorarium amounts to the bank accounts of cooks and helpers.
    • Holistic nutrition: The rebranded scheme aims to focus on “holistic nutrition” goals. Use of locally grown traditional foods will be encouraged, along with school nutrition gardens.

    About the Mid-Day Meal Scheme

    • The Midday Meal Scheme is a school meal program designed to better the nutritional standing of school-age children nationwide.
    • It was launched in the year 1995.
    • It supplies free lunches on working days for children in primary and upper primary classes in:
    1. Government, government aided, local body schools
    2. Education Guarantee Scheme, and alternate innovative education centres,
    3. Madarsa and Maqtabs supported under Sarva Shiksha Abhiyan, and
    4. National Child Labour Project schools run by the ministry of labour
    • The Scheme has a legal backing under the National Food Security Act, 2013.

    Objective:

    To enhance the enrolment, retention and attendance and simultaneously improve nutritional levels among school going children studying in Classes I to VIII

    History of the scheme

    • In 1925, a Mid Day Meal Programme was introduced for disadvantaged children in Madras Municipal Corporation.
    • By the mid-1980s three States viz. Gujarat, Kerala and Tamil Nadu and the UT of Pondicherry had universalized a same scheme with their own resources for children studying at the primary stage.
    • In 2001, the Supreme Court asked all state governments to begin this programme in their schools within 6 months.

    Calorie approach

    • Primary (1-5) and upper primary (6-8) schoolchildren are currently entitled to 100 grams and 150 grams of food grains per working day each.
    • The calorific value of a mid-day meal at various stages has been fixed at a minimum:
    Calories Intake Primary Upper Primary
    Energy 450 calories 700 calories
    Protein 12 grams 20 grams

     

    Impact created by the Scheme

    • The MDM Scheme has many potential benefits: attracting children from disadvantaged sections (especially girls, Dalits and Adivasis) to school, improving regularity, nutritional benefits, socialisation benefits and benefits to women are some that have been highlighted.
    • Apart from nutrition, this scheme has been miraculous. Mothers who first used to interrupt their work to feed their children at home, now no longer need to do so.

    Issues with the Scheme

    • Discrimination: Caste-based discrimination continues to occur in the serving of food, though the government seems unwilling to acknowledge this.
    • Leakages: The scheme has been subjected to leakages similar to the Public Distribution System.
    • Unhealthy and unhygienic: There have been cases of eating pesticide-contaminated mid-day meals leading to food poisoning.

     

    Try this PYQ:

    Which of the following can be said to be essentially the parts of Inclusive Governance?

    1. Permitting the Non-Banking Financial Companies to do banking
    2. Establishing effective District Planning Committees in all the districts
    3. Increasing government spending on public health
    4. Strengthening the Mid-day Meal Scheme

    Select the correct answer using the codes given below:

    (a) 1 and 2 only

    (b) 3 and 4 only

    (c) 2, 3 and 4 only

    (d) 1, 2, 3 and 4

     

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  • Contentious Clauses in Data Protection Bill

    The Joint Parliamentary Committee on Data Protection has found a middle ground on certain contentious clauses. Many panellists had objected to the clause, saying that it made the entire Act infructuous.

    What is the issue?

    • The Data Protection Law has some clauses in the name of “sovereignty”, “friendly relations with foreign states” and “security of the state”.
    • These clauses allow any agency under the Union government exemption from all or any provisions of the law.
    • The legislation gives powers to the Central government to suspend all or any of the provisions of the Act for government agencies.

    Personal Data Protection Bill, 2019

    • The PDP Bill was introduced in Lok Sabha by the Minister of Electronics and Information Technology in 2019.
    • The Bill seeks to provide for protection of personal data of individuals, and establishes a Data Protection Authority for the same.

    Here are the key features:

    Applicability

    • The Bill governs the processing of personal data by: (i) government, (ii) companies incorporated in India and (iii) foreign companies dealing with personal data of individuals in India.
    • Personal data is data which pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • The Bill categorises certain personal data as sensitive personal data.
    • This includes financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator.

    Data fiduciary and his obligations

    • A data fiduciary is an entity or individual who decides the means and purpose of processing personal data. Such processing will be subject to certain purpose, collection and storage limitations.
    • For instance, personal data can be processed only for specific, clear and lawful purpose.
    • Additionally, all data fiduciaries must undertake certain transparency and accountability measures such as: (i) implementing security safeguards (such as data encryption and preventing misuse of data), and (ii) instituting grievance redressal mechanisms to address complaints of individuals.
    • They must also institute mechanisms for age verification and parental consent when processing sensitive personal data of children.

    Rights of the individual

    The Bill sets out certain rights of the individual (or data principal).  These include the right to:

    1. Obtain confirmation from the fiduciary on whether their personal data has been processed
    2. Seek correction of inaccurate, incomplete, or out-of-date personal data
    3. Have personal data transferred to any other data fiduciary in certain circumstances and
    4. Restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn

    Grounds for processing personal data

    • The Bill allows the processing of data by fiduciaries only if consent is provided by the individual. However, in certain circumstances, personal data can be processed without consent.
    • These include: (i) if required by the State for providing benefits to the individual, (ii) legal proceedings, (iii) to respond to a medical emergency.

    Social media intermediaries

    • The Bill defines these to include intermediaries which enable online interaction between users and allow for sharing of information.
    • All such intermediaries which have users above a notified threshold, and whose actions can impact electoral democracy or public order, have certain obligations, which include providing a voluntary user verification mechanism for users in India.

    Data Protection Authority

    • The Bill sets up a Data Protection Authority which may: (i) take steps to protect interests of individuals, (ii) prevent misuse of personal data, and (iii) ensure compliance with the Bill.
    • It will consist of a chairperson and six members, with at least 10 years’ expertise in the field of data protection and information technology.
    • Orders of the Authority can be appealed to an Appellate Tribunal. Appeals from the Tribunal will go to the Supreme Court.

    Transfer of data outside India

    • Sensitive personal data may be transferred outside India for processing if explicitly consented to by the individual, and subject to certain additional conditions.
    • However, such sensitive personal data should continue to be stored in India.
    • Certain personal data notified as critical personal data by the government can only be processed in India.

    Exemptions:

    The central government can exempt any of its agencies from the provisions of the Act:

    1. In interest of security of state, public order, sovereignty and integrity of India and friendly relations with foreign states
    2. For preventing incitement to commission of any cognisable offence (i.e. arrest without warrant) relating to the above matters
    • Processing of personal data is also exempted from provisions of the Bill for certain other purposes such as: (i) prevention, investigation, or prosecution of any offence, or (ii) personal, domestic, or (iii) journalistic purposes.
    • However, such processing must be for a specific, clear and lawful purpose, with certain security safeguards.

    Sharing of non-personal data with government:

    The central government may direct data fiduciaries to provide it with any:

    1. Non-personal data and
    2. Anonymised personal data for better targeting of services.

    Amendments to other laws

    • The Bill amends the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data.

     

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  • What is H-1B Visa?

    The need for H-1B visas will continue to exist till the ‘talent challenge’ is tackled globally, even though the information technology industry has successfully adopted the work-from-home model amid pandemic-related travel restrictions.

    Various US Visa Programs

    1) H-1B visa

    What is it: The H-1B visa category covers individuals who “work in a speciality occupation, engage in cooperative research and development projects administered by the US Department of Defense or are fashion models that have national or international acclaim and recognition.”

    Who’s covered: The H-1B is most well known as a visa for skilled tech workers, but other industries, like health care and the media, also use these visas.

    2) H-2B visa

    What it is: According to USCIS, the H-2B program allows US employers or agents “to bring foreign nationals to the United States to fill temporary non-agricultural jobs.”

    Who’s covered: They generally apply to seasonal workers in industries like landscaping, forestry, hospitality and construction.

    3) J-1 visa

    What it is: The J-1 visa is an exchange visitor visa for individuals approved to participate in work-and-study-based exchange visitor programs in the United States.

    Who’s covered:     The impacted people include interns, trainees, teachers, camp counsellors, au pairs and participants in summer work travel programs.

    4) L-1 visa

    What it is: The L1 Visa is reserved for managerial or executive professionals transferring to the US from within the same company, or a subsidiary of it. The L1 Visa can also be used for a foreign company opening up US operations.

    Who’s covered: Within the L1 Visa, there are two subsidiary types of visas

    • L1A visa for managers and executives.
    • L1B visa for those with specialized knowledge.

     

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  • Four geopolitical developments and a window of opportunity for India

    A number of important developments has taken place over the past several weeks. They may appear disconnected but in fact add up to a significant shift in regional and global geopolitics.

    Four major recent developments

    1. Withdrawal of US and NATO forces from Afghanistan: The complete takeover of the country by the Taliban
    2. Significant domestic political changes in China: The ideological and regulatory assault against its dynamic private high-tech companies and now its real estate companies
    3. Announcement of the Australia-UK and US (AUKUS): It represents a major departure in US strategy by its commitment to enable Australia to join a handful of countries with nuclear submarines
    4. Convening of the Quad physical summit in Washington: A major step towards its formalisation as an influential grouping in the Indo-Pacific going beyond security

    Risks and opportunity for India

    These four developments, taken together, present India with both risks but also with opportunities.  In affirmation, one can conclude that the opportunities outweigh the risks.

    [A] Risks in Afghanistan

    • The Afghan situation is a setback for India in the short run.
    • The political capital and economic presence it had built up in the country over the past two decades has been substantially eroded.
    • The Taliban government is dominated by more hard-line and pro-Pakistani elements.
    • They will help deliver on the Pakistani agenda of preventing a revival of Indian diplomatic presence and developmental activity in Afghanistan.

    Future of Taliban

    • In the longer run, it seems unlikely that the Taliban will give up its obscurantist and extremist agenda.
    • This may lead to domestic inter-ethnic and sectarian conflict.
    • The unwillingness of the Taliban to cut its links with various jihadi groups, including those targeting Afghanistan’s neighbours, may revive regional and international fears over cross-border terrorism.

    How should India defer the Taliban?

    • India’s response should be to bide its time, strengthen its defences against an uptick in cross-border terrorism.
    • India can keep its faith with the ordinary people of Afghanistan, provide shelter to those who have sought refuge.
    • It can join in any international effort to deliver humanitarian assistance to the people of Afghanistan.

    [B] Domestic political change in China

    • This is taking an ideological and populist direction.
    • The country’s vibrant private sector is being reined in while the State-Owned Enterprises (SOE) are back in a central role.
    • After the tech sector, it is the large real estate sector that is facing regulatory assault.

    Concerns for investors

    • This is leading to deepening concern among foreign investors, including those who have long been champions of long-term engagement with China.

    Opportunities for India

    • It is not coincidental that while in NYC, our PM had meetings with the CEOs of Blackstone and Qualcomm, both of which are heavily invested in China but are reconsidering their exposure there.
    • If India plays its cards well, this time round there could be significant capital and technology flows from the US, Japan and Europe diverted towards India because it offers scale comparable to China.
    • Since India has benign partnerships with the US, Japan and Europe, there are no political constraints on such flows.

    [C] AUKUS and QUAD

    • The AUKUS and progress made by the Quad serve to raise the level of deterrence against China.
    • It is useful since it has now become the core of the US’s Indo-Pacific strategy. China will be more focused on its activities.
    • The Quad now represents, from the Chinese perspective, a second order threat.

    Underlying opportunities

    • This offensive against China suits us since we are not ready to embrace a full-fledged military alliance which will constrain our room for manoeuvre.

    Why should India gauge these opportunities?

    • China has given up the expectation that it could unify Taiwan through peaceful and political means, including through closer economic integration.
    • It has lost its credibility after the recent crackdown on civil liberties in Hong Kong.
    • China may advance its forcible takeover of Taiwan before the AUKUS gets consolidated.
    • The nuclear submarines for Australia may not be built and deployed for several years.
    • We may, therefore, be entering a period of enhanced uncertainty and danger in the Indo-Pacific.

    India’s area for introspection

    • The constraints are policy unpredictability, regulatory rigidities and bureaucratic red tape in India.
    • Some of these issues are being addressed, such as dropping of retrospective taxation.
    • But there is still a long way to go.

    Way forward

    All these developments has heightened risk perception among international business and industry who have hitherto seen China as a huge commercial opportunity.

    • For India, some bold initiatives are required to take advantage of the window of opportunity that has opened.
    • It is a narrow window with a very short shelf life.
    • If grasped with both hands, then it could deliver double-digit growth for India for the next two or three decades.
    • This will shrink the asymmetry of power with China and expand India’s diplomatic options.

    Conclusion

    • India should not be caught off guard. Failure of deterrence in the Indo-Pacific will have consequences beyond the region and change the geopolitical context for India.
    • For now, let us focus on what we can do to advance India’s economic prospects, for which the times are unexpectedly more propitious.

     

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  • Explained: Digital Health ID

    The PM has recently launched the flagship Ayushman Bharat Digital Mission (ABDM) which involves the creation not just a unique digital health ID for every citizen.

    Ayushman Bharat Digital Mission

    What is the unique health ID?

    • If a person wants to be part of the ABDM, she must create a health ID, which is a randomly generated 14-digit number.
    • The ID will be broadly used for three purposes: unique identification, authentication, and threading of the beneficiary’s health records, only with their informed consent, across multiple systems and stakeholders.

    Why is this initiative significant?

    • The initiative has the potential to “increase the ease of living” along with “simplifying the procedures in hospitals”.
    • At present, the use of digital health ID in hospitals is currently limited to only one hospital or to a single group, and mostly concentrated in large private chains.
    • The new initiative will bring the entire ecosystem on a single platform.
    • The system also makes it easier to find doctors and specialists nearest to you.
    • Currently, many patients rely on recommendations from family and friends for medical consultation, but now the new platform will tell the patient who to reach out to, and who is the nearest.
    • Also, labs and drug stores will be easily identified for better tests using the new platform.

    How can one get it?

    • One can get a health ID by self-registration on the portal or by downloading the ABMD Health Records app on one’s mobile.
    • Additionally, one can also request the creation of a health ID at a participating health facility.
    • Health facilities may include government or private hospitals, community health centres, and wellness centres of the government across India.
    • The beneficiary will also have to set up a Personal Health Records (PHR) address for consent management, and for future sharing of health records.

    What is a PHR address?

    • It is a simple self-declared username, which the beneficiary is required to sign into a Health Information Exchange and Consent Manager (HIE-CM).
    • Each health ID will require linkage to a consent manager to enable sharing of health records data.
    • An HIE-CM is an application that enables sharing and linking of personal health records for a user.
    • At present, one can use the health ID to sign up on the HIE-CM; the National Health Authority (NHA), however, says multiple consent managers are likely to be available for patients to choose from in the near future.

    What does one need to register for a health ID?

    • Currently, ABDM supports health ID creation via mobile or Aadhaar.
    • The official website states that ABDM will soon roll out features that will support health ID creation with a PAN card or a driving licence.
    • For health ID creation through mobile or Aadhaar, the beneficiary will be asked to share details on name, year of birth, gender, address, mobile number/Aadhaar.

    Is Aadhaar mandatory?

    Ans. No, it is voluntary.

    • One can use one’s mobile number for registration, without Aadhaar.
    • If the beneficiary chooses the option of using her Aadhaar number, an OTP will be sent to the mobile number linked to the Aadhaar.
    • However, if she has not linked it to her mobile, the beneficiary has to visit the nearest facility and opt for biometric authentication using Aadhaar number.
    • After successful authentication, she will get her health ID at the participating facility.

    Are personal health records secure?

    • The NHA says ABDM does not store any of the beneficiary health records.
    • The records are stored with healthcare information providers as per their “retention policies”.
    • They are “shared” over the ABDM network “with encryption mechanisms” only after the beneficiary express consent.

    Can one delete my health ID and exit the platform?

    Ans. Yes, the NHA says ABDM, supports such a feature.  Two options are available: a user can permanently delete or temporarily deactivate her health ID.

    • On deletion, the unique health ID will be permanently deleted, along with all demographic details.
    • The beneficiary will not be able to retrieve any information tagged to that health ID in the future, and will never be able to access ABDM applications or any health records over the ABDM network with the deleted ID.
    • On deactivation, the beneficiary will lose access to all ABDM applications only for the period of deactivation.
    • Until she reactivates her health ID, she will not be able to share the ID at any health facility or share health records over the ABDM network.

    What facilities are available to beneficiaries?

    • Users can access personal digital health records right from admission through treatment and discharge.
    • One can access and link his/her personal health records with your health ID to create a longitudinal health history.

    What other features will be rolled out?

    • Upcoming new features will enable access to verified doctors across the country.
    • The beneficiary can create a health ID for her child, and digital health records right from birth.
    • Third, she can add a nominee to access her health ID and view or help manage the personal health records.
    • Also, there will be much inclusive access, with the health ID available to people who don’t have phones, using assisted methods.

    How do private players get associated with a government digital ID?

    • The NHA has launched the NDHM Sandbox: a digital architecture that allows helps private players to be part of the National Digital Health Ecosystem as health information providers or health information users.
    • The private player sends a request to NHA to test its system with the Sandbox environment.
    • The NHA then gives the private player a key to access the Sandbox environment and the health ID application programming interface (API).
    • The private player then has to create a Sandbox health ID, integrate its software with the API; and register the software to test link records and process health data consent requests.
    • Once the system is tested, the system will ask for a demo to the NHA to move forward. After a successful demo, the NHA certifies and empanels the private hospital.

    Now try this PYQ:

    Consider the following statements:

    1. Aadhaar metadata cannot be stored for more than three months.
    2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
    3. Aadhaar is mandatory for obtaining insurance products.
    4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.

    Which of the statements given above is/are correct?

    (a) 1 and 4 only

    (b) 2 and 4 only

    (c) 3 only

    (d) 1, 2 and 3 only

     

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  • Anti-defection Law

    An independent MLA from Gujarat is said to have has joined a national political party “in spirit” as he could not formally do so, having been elected as an independent.

    What is Anti-defection Law?

    • The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
    • It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
    • It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • The law applies to both Parliament and state assemblies.

    Why in news?

    • The anti-defection law specifies the circumstances under which changing of political parties by legislators invites action under the law.
    • It includes situations in which an independent MLA, too, joins a party after the election.

    Why are independents important?

    • Independents give voters better opportunities to express their preferences.
    • This can improve political representation, as independents are free from the dictates of a party line, and have the flexibility to represent local preferences in a way that party-affiliated candidates often do not.

    Cases consider under the anti-defection law

    The law covers three scenarios with respect to shifting of political parties by an MP or an MLA.

    (1) Voluntary give-up

    • The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House against the wishes of the party.
    • Such persons lose his seat.

    (2) Independent members

    • When a legislator who has won his or her seat as an independent candidate joins a political party after the election.
    • In both these instances, the legislator loses the seat in the legislature on changing (or joining) a party.

    (3) Nominated MPs

    • In their case, the law gives them six months to join a political party, after being nominated.
    • If they join a party after such time, they stand to lose their seat in the House.

    Covering independent members

    • In 1969, a committee chaired by Home Minister Y B Chavan examined the issue of defection.
    • It observed that after the 1967 general elections, defections changed the political scene in India: 176 of 376 independent legislators later joined a political party.
    • However, the committee did not recommend any action against independent legislators.
    • A member disagreed with the committee on the issue of independents and wanted them disqualified if they joined a political party.
    • In the absence of a recommendation on this issue by the Chavan committee, the initial attempts at creating the anti-defection law (1969, 1973) did not cover independent legislators joining political parties.
    • The next legislative attempt, in 1978, allowed independent and nominated legislators to join a political party once.
    • But when the Constitution was amended in 1985, independent legislators were prevented from joining a political party and nominated legislators were given six months’ time.

    Powers to disqualification

    • Under the anti-defection law, the power to decide the disqualification of an MP or MLA rests with the presiding officer of the legislature.
    • The law does not specify a time frame in which such a decision has to be made.
    • As a result, Speakers of legislatures have sometimes acted very quickly or have delayed the decision for years — and have been accused of political bias in both situations.

    Try this easy PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

    [wpdiscuz-feedback id=”qkxs1bxbk2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here[/wpdiscuz-feedback]

     

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  • Illicit Proliferation of networks of N-weapons

    India has underlined the need for the international community to pay closer attention to the “illicit proliferation” of networks of nuclear weapons, their delivery systems, components and relevant technologies.

    Key takeaways from India’s remarks

    • India’s remarks appeared to be a veiled reference to China and its “all-weather ally” Pakistan.
    • China’s nuclear cooperation with Pakistan was in contravention with the Nuclear Suppliers Group (NSG).
    • Several concerns have been raised over the export of nuclear materials to Islamabad by Beijing and that they are in violation of international norms and established procedures.

    Do you know?

    India has played a leading role in global efforts towards nuclear disarmament and was the first country to call for a ban on nuclear testing in 1954 and a non-discriminatory treaty on the non-proliferation of nuclear weapons, as distinct from non-dissemination, in 1965. Its no-first-use doctrine is a worldwide appreciated strategy.

    Issues in Nuclear Disarmament

    • Notion of Nuclear ‘Haves’ and ‘Have-Nots’: The proponents of disarmaments are themselves nuclear armed countries thus creating a nuclear monopoly.
    • Concept of Peaceful Nuclear Explosion (PNE): conducted for non-military purposes such as mining.

    India’s commitment for de-nuclearization

    India has always batted for a universal commitment and an agreed global and non-discriminatory multilateral framework.

    • It has outlined a working paper on Nuclear Disarmament submitted to the UN General Assembly in 2006.
    • India participated in the Nuclear Security Summit process and has regularly participated in the International Conferences on Nuclear Security organised by the International Atomic Energy Agency (IAEA).
    • India is also a member of the Nuclear Security Contact Group (but has signed off the Nuclear Non-Proliferation Treaty (NPT)).
    • India has expressed its readiness to support the commencement of negotiations on a Fissile Material Cut-off Treaty (FMCT).
    • India couldn’t join the Comprehensive Nuclear-Test-Ban Treaty (CTBT) due to several concerns raised by India.
    • India has piloted an annual UNGA Resolution on “Measures to Prevent Terrorists from Acquiring Weapons of Mass Destruction” since 2002, which is adopted by consensus.

    Why didn’t India join NPT?

    • India is one of the only five countries that either did not sign the NPT or signed but withdrew, thus becoming part of a list that includes Pakistan, Israel, North Korea, and South Sudan.
    • India always considered the NPT as discriminatory and had refused to sign it.
    • India maintains that they are selectively applicable to the non-nuclear powers and legitimised the monopoly of the five nuclear weapons powers.

    Way forward

    • India has actively supported and contributed to the strengthening of the global nuclear security architecture.
    • There is a need for the international community to pay closer attention to the illicit proliferation of networks of nuclear weapons, their delivery systems, components and relevant technologies.
    • India hopes that the international community will continue to work towards realising our collective aspiration for a nuclear weapon-free world.

     

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    Back2Basics:

    Nuclear Security Contact Group

    • The NSCG was established in 2016.
    • The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
    • The Contact Group is tasked with:
    1. Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
    2. Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention

    Nuclear Suppliers Group

    • NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
    • The NSG was set up as a response to India’s nuclear tests conducted in 1974.
    • The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.

    Comprehensive Nuclear-Test-Ban Treaty

    • CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
    • The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
    • It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

    Fissile material cut-off treaty

    • FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
    • Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
    • The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
    • Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
    • An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).

  • Right to Govt. Aid is not a Fundamental Right: SC

    The right of an institution, whether run by a majority or minority community, to get government aid is not a fundamental right.  Both have to equally follow the rules and conditions of the aid, the Supreme Court held in a judgment.

    What is the case about?

    • The judgment came in an appeal filed by Uttar Pradesh against a decision of the Allahabad High Court to declare a provision of the Intermediate Education Act of 1921 unconstitutional.

    Key takeaways from the Judgment

    • The SC has clarified that if the government made a policy call to withdraw aid, an institution cannot question the decision as a “matter of right”.
    • Whether it is an institution run by the majority or the minority, all conditions that have relevance to the proper utilisation of the grant-in-aid by an educational institution can be imposed.
    • All that Article 30(2) states is that on the ground that an institution is under the management of a minority, whether based on religion or language.
    • The grant of aid to that educational institution cannot be discriminated against, if other educational institutions are entitled to receive aid.

    Basis of the Judgment

    • A grant of government aid comes with accompanying conditions.
    • An institution is free to choose to accept the grant with the conditions or go its own way.
    • If an institution does not want to accept and comply with the conditions accompanying such aid, it is well open to it to decline the grant and move in its own way.
    • On the contrary, an institution can never be allowed to say that the grant of aid should be on its own terms, the Bench observed.

    Various grounds discussed

    The court explained why institutions cannot view government aid as a “matter of right”.

    • Government aid is a policy decision: It depends on various factors including the interests of the institution itself and the ability of the government to understand the exercise. Therefore, even in a case where a policy decision is made to withdraw the aid, an institution cannot question it as a matter of right.
    • Financial constraints and deficiencies: These are the factors which are considered relevant in taking any decision qua aid, including both the decision to grant aid and the manner of disbursement of an aid.
    • Not arbitrary decision: The bench said that a policy decision is presumed to be in public interest, and such a decision once made is not amenable to challenge, until and unless there is manifest or extreme arbitrariness, a Constitutional court is expected to keep its hands off.

     

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    Back2Basics: Minority Rights in India

    • Article 15: prohibits discrimination on grounds of religion race cast sex or place of birth
    • Article 17: prohibits untouchability
    • Article 25 provides the right to practice any religion.
    • Article 26 allows religious institutions to be opened.
    • Article 27 provides that no person shall be forced to pay any taxes which is not mandatory.
    • Article 28 provides that there shall be no religious instruction to be followed in any particular educational institutions.
    • Article 29 provides that no citizen shall be denied admission in any educational institution on grounds of religion race caste.
    • Article 30 provides that minority shall not be prohibited from any educational institutions.

     

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