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GS Paper: GS2

  • Ratle Hydroelectric Project

    The Centre has decided to go ahead with the long-pending 850-megawatt Ratle hydroelectric power project on the river Chenab in J&K Kishtwar district, despite objections raised by the Pakistan government over the same.

    Tap to read more about Indus River System

    Ratle Hydel Plant

    • It is a run-of-the-river hydroelectric power station currently under construction on the Chenab River, downstream of the village near Drabshalla in Kishtwar district of the Indian UT of Jammu and Kashmir.
    • The project includes a 133 m (436 ft) tall gravity dam and two power stations adjacent to one another.
    • The installed capacity of both power stations will be 850 MW.
    • In June 2013, then PM Manmohan Singh laid the foundation stone for the dam.
    • Pakistan has frequently alleged that it violates the Indus Water Treaty.

    What is the Indus Water Treaty?

    • 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
    • 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. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

  • Impact of RERA on real estate sector

    The article highlights the various provision of RERA and its overall impact on the sector.

    How it changed the real estate sector

    • Real Estate (Regulation and Development) Act (RERA) was enacted in 2016 and it had been in the works for more than a decade.
    • RERA has infused governance in a hitherto unregulated sector.
    • Along with demonetization and GST, it has, to a large extent, cleansed the real estate sector of black money.
    • It has transformational provisions, conscientiously addressing issues that have been a constant bane for the sector.

    Important provisions of RERA

    • The Act stipulates that no project can be sold without project plans being approved by the competent authority and the project is registered with the regulatory authority.
    • This provision ended the practice of selling on the basis of deceitful advertisements.
    • Promoters are required to maintain “project-based separate bank accounts” to prevent fund diversion.
    • The mandatory disclosure of unit sizes based on “carpet area” strikes at the root of unfair trade practices.
    • The provision for payment of “equal rate of interest” by the promoter or the buyer in case of default reinforces equity.
    • These and many other provisions have empowered consumers, rectifying the power asymmetry prevalent in the sector.

    How RERA is an effort in cooperative federalism

    • Though the Act has been piloted by the Central government, the rules are to be notified by state governments.
    • The regulatory authorities and the appellate tribunals are also to be appointed by them.
    • The regulatory authorities are required to manage the day-to-day operations, resolve disputes, and run an active and informative website for project information.
    • Since RERA came into full force, 34 states and Union territories have notified the rules, 30 states and Union territories have set up real estate regulatory authorities and 26 have set up appellate tribunals.
    • The operationalization of a web-portal for project information, which is at the heart of ensuring full project transparency, has been operationalized by 26 regulatory authorities.
    • Around 60,000 projects and 45,723 real estate agents have been registered with regulatory authorities.
    • Twenty-two independent judicial officers have been appointed to redress consumer disputes, and 59,649 complaints have been disposed-off.

    Consider the question “What were the various problems faced by the consumers in real estate sector? How various provisions in RERA helped in the protection of consumers’ interests?” 

    Conclusion

    RERA is to the real estate sector what SEBI is to the securities market. It helped consumers from the various malpractices in the real estate sector.

     

  • India-Nepal relations in a new transition

    India-Nepal Joint Commission meeting took place at a time when Nepal in going through a political turmoil. The article examines the issues discussed in the meeting and how its implications for the bilateral relations between the two countries.

    India-Nepal joint commission meeting amid political chaos in Nepal

    • Recently, the Minister for Foreign Affairs of Nepal visited New Delhi for the sixth meeting of the India-Nepal Joint Commission.
    • Nepal’s Prime Minister dissolved the House of Representatives in late December 2020, the move was termed ‘unconstitutional’ by the experts and the country’s Supreme Court is hearing writ petitions against the move.
    • As a unique characteristic, Nepal’s internal political fundamentals continue to shape its foreign policy choices. 
    • In such a scenario, any inbound or outbound delegation is seen from a different prism.

    Issues discussed in the meeting

    1) Progress on the development partnership front

    • On the development partnership front, the expansion of the Motihari-Amlekhganj petroleum products pipelines to Chitwan and the establishment of a new pipeline on the eastern side connecting Siliguri to Jhapa in Nepal formed a part of the discussions.
    • The operating procedures for commencement of train services of the first passenger railway line between India and Nepal from Jaynagar to Kurtha via Janakpurhave have been discussed.
    • Other cross-border rail connectivity projects, including a possible Raxaul-Kathmandu broad gauge railway line, were also discussed.
    • The joint hydropower projects, including the proposed Pancheshwar Multipurpose Project, should get positive momentum following this round of meetings.

    2) Facilitating the cross-border movement of people

    • The recently inaugurated Integrated Check Posts (ICPs) at Birgunj and Biratnagar have helped in the seamless movement of people and trade between the two countries.
    • The construction of a third integrated check post at Nepalgunj has already commenced, while the new integrated check post at Bhairahwa would begin shortly.
    • Since Nepal relies on India’s seaports in a big way for trading, and goods are transported by road, the integrated check posts are expected to ease trade and transit.

    3) Border issue

    • Nepali side’s demand to include the boundary in the Joint Commission Meeting.
    • However, India made it clear to find a fresh mechanism to resolve any such crucial long-pending issue.

    4) New direction to bilateral ties

    • India’s support for two more cultural heritage projects in Nepal, namely, the Pashupatinath Riverfront Development and the Bhandarkhal Garden Restoration in Patan Durbar is significant.
    • Nepal expressed support for India’s permanent membership of an expanded UN Security Council (UNSC) to reflect the changed balance of power.
    • The next meeting of the Joint Commission in Nepal should be crucial in giving a new direction to the bilateral ties, keeping a balance between change and continuity.

    India’s deepening engagement with all sections

    • There is growing disenchantment among the Nepali masses over the increased centralization of power, failure of the Provincial System in addressing the developmental issues, misuse of Presidential authority, and unprecedented corruption.
    • While the unusual developments are taking place in Nepal, there are many who still think that India is comfortable with some changes as its Nepal policy is heading very clearly towards a deeper engagement with all sections.

    Consider the question “How India-Nepal ties are affected by the internal political fundamentals in Nepal? What approach should be adopted by India in dealing with Nepal?” 

    Conclusion

    Nepal cannot afford to enter into another round of political instability, and those who have commanding authority to spearhead India-Nepal bilateral relations must give a humane consideration to it. At the crossroads, Nepal needs action and to come to terms with realities.

  • Question Hour to resume during Budget Session

    Question Hour, which had been suspended by the government during the monsoon session, will resume when Parliament meets for the budget session.

    Q.Discuss the various instruments of Parliamentary Control in India.

    Must read edition: [Burning Issue] Quashing of the Question Hour

    What is Question Hour?

    • Question Hour is the liveliest hour in Parliament. It is during this one hour that MPs ask questions of ministers and hold them accountable for the functioning of their ministries.
    • Prior to Independence, the first question asked of government was in 1893. It was on the burden cast on village shopkeepers who had to provide supplies to touring government officers.
    • The questions that MPs ask are designed to elicit information and trigger suitable action by ministries.
    • Over the last 70 years, MPs have successfully used this parliamentary device to shine a light on government functioning.
    • Their questions have exposed financial irregularities and brought data and information regarding government functioning to the public domain.
    • With the broadcasting since 1991, Question Hour has become one of the most visible aspects of parliamentary functioning.

    Its evolution

    • The right to question the executive has been exercised by members of the House from the colonial period.
    • The first Legislative Council in British India under the Charter Act, 1853, showed some degree of independence by giving members the power to ask questions to the executive.
    • Later, the Indian Council Act of 1861 allowed members to elicit information by means of questions.
    • However, it was the Indian Council Act, 1892, which formulated the rules for asking questions including short notice questions.
    • The next stage of the development of procedures related to questions came up with the framing of rules under the Indian Council Act, 1909, which incorporated provisions for asking supplementary questions by members.
    • The Montague-Chelmsford reforms brought forth a significant change in 1919 by incorporating a rule that the first hour of every meeting was earmarked for questions. Parliament has continued this tradition.
    • In 1921, there was another change. The question, on which a member desired to have an oral answer, was distinguished by him with an asterisk, a star. This marked the beginning of starred questions.

    Its significance

    • Question Hour is not only an opportunity for the members to raise questions, but it is a parliamentary device primarily meant for exercising legislative control over executive actions.
    • The government’s actions erode the constitutional mandate of parliamentary oversight over executive actions as envisaged under Article 75 (3) of the Indian Constitution.

  • WhatsApp’s contentious Privacy Policy

    The Government of India has asked WhatsApp to withdraw the proposed changes in its privacy policy.

    Q.What are the factors responsible for the spread of misinformation on social media? Suggest the measures to tackle it.

    Core of the news

    • WhatsApp has been embroiled in a controversy over its updated privacy policy.
    • The posts are pointers on the new policy.

    What was the news Privacy Policy?

    • When one goes to the status tab on the app, one can see the WhatsApp icon and its four posts, along with the statuses of one’s contacts.
    • While one reads ‘We are committed to your privacy’, another reads, ‘WhatsApp can’t read or listen to your personal conversations as they’re end-to-end encrypted’.
    • Another post reads ‘WhatsApp can’t see your shared location’ and yet another reads ‘WhatsApp doesn’t share your contacts with Facebook’.
    • The messaging app reviewed its privacy policy and asked users to accept the terms and conditions by February 8. Following this, the app faced severe backlash from its users and privacy advocates.

    Issues pointed by Govt.

    • said that the proposed changes raised “grave concerns” over the implications of the choice and the autonomy of Indian citizens.
    • It pointed out that the Indian users, who have not been given the option to opt-out of data-sharing with Facebook companies, were being subjected to differential treatment.
    • The issue is the impact it has on informational privacy, data security and user choice.

    Data at stake

    • The government asked WhatsApp to reconsider its approach to respect the informational privacy, freedom of choice and data security of Indian citizens.
    • It said that India’s distinct identity and its people must be properly respected and any unilateral changes to WhatsApp Terms of Service and Privacy would not be fair and acceptable.

    A discriminatory move

    • India formed the largest segment of WhatsApp’s user base globally and any change in policies would have a disproportionate impact on its citizens.
    • The privacy policy offered by WhatsApp to its European users specifically prohibits the use of any information shared with a Facebook company for those companies’ own purposes.
    • This Clause is not present in the privacy policy offered to Indian users.
    • This differential and discriminatory treatment of Indian and European users is attracting serious criticism and betrays a lack of respect for the rights and interest of Indian citizens.

    What lies ahead?

    • India has a huge user base of WhatsApp and Facebook in India.
    • The consolidation of sensitive information exposes a very large segment of Indian citizens to greater information security risks.
    • By not providing Indian users with the ability to opt-out of this data sharing with other Facebook companies, WhatsApp is treating users with an ‘all-or-nothing’ approach.

  • Issues over Parliament Canteen Subsidy

    Food served in Parliament canteen is set to cost more as it will no longer be subsidised, Lok Sabha Speaker has informed.

    I say there is no darkness, but ignorance.

    -William Shakespeare

    Why in news?

    • The low rate of food in the Parliament canteen has often attracted controversy, with critics objecting to lawmakers enjoying a cheap meal at the taxpayers’ expense.
    • Others have pointed out that the subsidy doesn’t benefit just MPs, as a host of other Parliament staff and security personnel also take their meals at the canteen.
    • However, in 2019, all MPs had unanimously decided to do away with the subsidy.
    • The annual revenue from Parliament catering was to the tune of Rs 15 to Rs 18 crore. It could annually save more than Rs 8 crore with the subsidy coming to an end.

    Parliament Canteen Subsidy

    • A major furore over the subsidy had erupted in 2015 when a reply to an RTI query which revealed that the canteen got a subsidy of Rs 14 crore every year.
    • The item list received under the RTI Act revealed that items like ‘fish fried with chips’ were available at Rs 25, mutton cutlet at Rs 18, boiled vegetables at Rs 5, mutton curry with bone at Rs 20 and masala dosa at Rs 6.
    • These were the rates subsidised by 63 per cent, 65 per cent, 83 per cent, 67 per cent and 75 per cent respectively.
    • The caterers were being paid by the Ministry of Finance through Parliament.

    Was the entire amount being spent on MPs’ food?

    • Apart from food, the subsidy is used for other expenses, like salaries of canteen staff. Also, many other people apart from the MPs use the canteen.
    • In fact, when the RTI query had been filed in 2015, the sales in the canteen for when Parliament was in session and when it wasn’t were almost the same.
    • Of the total subsidy of Rs 14 crore revealed by the RTI query, about Rs 11-12 crore would go towards the salary of the staff manning the canteen.

  • Supreme Court directive on Quota in Promotions

    The Supreme Court has asked Attorney General to compile the various issues being raised by States with regard to the 2006 M. Nagaraj case, which had upheld the application of creamy layer principle to members of the SC/ST communities in promotions.

    Must read edition: Reservation not a Fundamental Right

    What is the case about?

    • The Centre’s plea came despite the Supreme Court, in September 2018, in Jarnail Singh case, reiterating the Nagaraj judgment of 2006.
    • The 2006 judgment required the States to show quantifiable data to prove the ‘backwardness’ of a community to provide quota in promotion in public employment,
    • The 2018 judgment, which was authored by Justice Rohinton F. Nariman, had refused the government’s plea to refer the 2006 Nagaraj judgment to a seven-judge Bench.
    • It had while modifying the part of the Nagaraj verdict, rejected the Centre’s argument that Nagaraj misread the creamy layer concept by applying it to SC/ST.

    Nagaraj Case

    • In Jarnail Singh vs Lachhmi Narain Gupta (2018), the court dealt with a batch of appeals on the correctness of the Supreme Court’s judgment in M Nagaraj & Others vs Union of India (2006).
    • The Nagaraj case, in turn, had arisen out of a challenge to the validity of four Constitution amendments, which the court eventually upheld.

    What were the amendments?

    • 77th Amendment: It introduced Clause 4A to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
    • 81st Amendment: It introduced Clause 4B, which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year to find out whether the total quota has breached the 50% limit set by the Supreme Court.
    • 82nd Amendment: It inserted a proviso at the end of Article 335 to enable the state to make any provision for SC/STs “for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
    • 85th Amendment: It said reservation in the promotion can be applied with consequential seniority for the SC/ST employee.

    What is Art.335 about?

    • Article 335 of the Constitution relates to claims of SCs and STs to services and posts.
    • It reads: “The claims of the members of the SC’s and ST’s shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.”

  • Can courts stay laws made by the legislature?

    The Supreme Court’s recent order staying the implementation of three farm laws has been criticised and is seen as violative of the doctrine of Separation of Powers.

    Q. Discuss the role of judicial activism in parliamentary democracy in India.

    What is the issue?

    • In particular, many have questioned the suspension of action under the laws as such interim orders are extremely rare.
    • The court did not accept the Attorney General’s argument that laws made by the legislature should not be ordinarily stayed, as there is a presumption of constitutionality in favour of the laws.

    SC’s justification

    • This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order.
    • This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it.
    • Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

    Previous such orders

    • The court also cited an order passed by another Bench of the Supreme Court in September 2020 on the Maratha reservation issue.
    • It directed that admissions to educational institutions for 2020-21 and appointments to posts under the government shall be made without reference to the reservation provided under the relevant legislation.

    Farms laws case is different

    • In the Maratha reservation case, the Bench said interim orders could be passed if an enactment is ex facie unconstitutional or contrary to the law laid down by the Supreme Court.
    • It noted that the quota violated the 50% ceiling mentioned in the Indra Sawhney case (1992) and that the Maharashtra government had not shown any extraordinary situation to justify exceeding the limit.
    • Here, the Court observed that a stay on the farm laws’ implementation may assuage the hurt feelings of farmers and encourage them to come to the negotiating table.

    What are the court’s powers in regard to staying enacted law?

    • Under the broad framework of judicial review, the Supreme Court and High Courts have the power to declare any law unconstitutional.
    • This is on grounds if a law is contrary to any provision of the Constitution or it violates any of the fundamental rights.
    • Another ground is invalidity if the law is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction.

    Criticisms of the move

    • The main criticism is that suspending a law made by the legislature goes against the concept of separation of powers.
    • Courts are expected to defer to the legislature’s wisdom at the threshold of a legal challenge to the validity of a law.
    • The validity of law ought to be considered normally only at the time of final adjudication, and not at the initial stage.
    • The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid.
    • The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of law pending a detailed adjudication.

    Various precedents cited by the Court

    • Case law suggests that in some cases, High Courts indeed stayed the operation of some laws. However, the Supreme Court took a dim view.
    • In 1984, the top court set aside an interim stay granted against the operation of a municipal tax (Siliguri Municipality & Others vs Amalendu Das & Others).
    • In 2013, it removed the stay on some provisions of and regulations under the Cigarettes and Other Tobacco Products Act, 2003 (Health for Millions Trust vs Union of India).
    • It then held that the rules were ex facie unconstitutional and the factors, like, the balance of convenience, irreparable injury and public interest are in favour of passing an interim order.

    Back2Basics: Judicial Activism

    • The term “Judicial Activism” refers to the court’s decision, based on the wisdom that does not go rigidly within the text of the statute passed by the legislature.
    • It goes in favour of the use of judicial power broadly to provide remedies to the wide range of social wrongs for ensuring proper justice.
    • The judiciary performs an active role to uphold constitutional values and ethics under the constitutional pattern.
    • For addressing civic dilemmas, the judiciary applies its intellect and creativity to fill the gap between the positive and normative aspects of legislations.
    • For this reason, judicial activism has emerged.

  • UK invites India to attend G7 Summit

    The United Kingdom has invited PM Modi to attend the G7 summit that is scheduled to be held in June.

    Note the members of G7 and G20. UPSC may puzzle you asking which G20 nation isn’t a member of G7.

    G7 Countries

    • The G-7 or ‘Group of Seven’ includes Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States.
    • It is an intergovernmental organisation that was formed in 1975 by the top economies of the time as an informal forum to discuss pressing world issues.
    • Initially, it was formed as an effort by the US and its allies to discuss economic issues.
    • The G-7 forum now discusses several challenges such as oil prices and many pressing issues such as financial crises, terrorism, arms control, and drug trafficking.
    • It does not have a formal constitution or a fixed headquarters. The decisions taken by leaders during annual summits are non-binding.
    • Canada joined the group in 1976, and the European Union began attending in 1977.

    Evolution of the G-7

    • When it started in 1975—with six members, Canada joining a year later—it represented about 70% of the world economy.
    • And it was a cozy club for tackling issues such as the response to oil shocks.
    • Now it accounts for about 40% of global GDP.
    • Since the global financial crisis of 2007-09, it has sometimes been overshadowed by the broader g20.
    • The G-7 became the G-8 in 1997 when Russia was invited to join.
    • In 2014, Russia was debarred after it took over Crimea.

    Significance of G7 for India

    • India will get more voice, more influence, and more power by entering the G7.
    • After the UN Security Council (UNSC), this is the most influential grouping.
    • If the group is expanded it will collectively address the humongous issues created by the Wuhan virus,
    • Diplomatically, a seat at the high table could help India further its security and foreign policy interests, especially at the nuclear club and UN Security Council reform as well as protecting its interests in the Indian Ocean.

    Back2Basics: The G-20

    • The G-20 is a larger group of countries, which also includes G7 members.
    • The G-20 was formed in 1999, in response to a felt need to bring more countries on board to address global economic concerns.
    • Apart from the G-7 countries, the G-20 comprises Argentina, Australia, Brazil, China, India, Indonesia, Mexico, Russia, Saudi Arabia, South Africa, South Korea, and Turkey.
    • Together, the G-20 countries make up around 80% of the world’s economy.
    • As opposed to the G-7, which discusses a broad range of issues, deliberations at the G-20 are confined to those concerning the global economy and financial markets.
    • India is slated to host a G-20 summit in 2022.

  • Problem of control and governance of knowledge in a globalised world

    The article highlights the issues with the criteria applied by the UGC to evaluate the faculty research.

    Impact of UGC standardisation on social sciences and humanities research

    • UGC has been the regulatory body responsible for maintaining standards in higher education, while addressing challenges of globalisation.
    • Processes of UGC mandated standardisation have in particular impacted social sciences and humanities research in Indian universities.
    • Over the years, UGC has linked institutional funding to ranking and accreditation systems like NAAC and NIRF.
    • In order to evaluate institutions, these bodies have evolved  criteria, which rank universities based on faculty research measured by citations in global journal databases like SCOPUS.
    • In comparison, importance granted to research outputs like books or other forms is declining.

    Issues with the criteria

    • The insistence of publication in journals fails to distinguish between the varied trajectory of disciplines.
    • While in STEM (Science, Technology, Engineering, Management) disciplines, research is often highly objective and quantified.
    • In social sciences and humanities research is subjective, analytical and argumentative.
    • In disciplines like history, sociology, politics, philosophy, psychology and literature, researchers spend years writing books that engage with ideas in complex ways.
    • In devaluing books as authentic forms of research, UGC does major disservice to scholars of social sciences and humanities.
    • Due to emphasis on publication, teachers spend most of their productive time writing articles and getting them published, thereby missing out on quality engagement with pedagogy and research.

    Issues with the process of peer review

    • The process of peer review itself is subjective, and depends upon the knowledge, inclination and availability of time of the particular reviewer.
    • It is often quite challenging for scholars to meet peer-review standards of A-listed journals.
    • This has actually required the UGC to expand its own list, ending up including and subsequently deleting a large number of locally published journals.

    Issue of inaccessibility

    • Publication of research in paywalled journal databases makes research inaccessible for students as universities continue to cut down library budgets.
    • Students and teachers, access articles through pirated sites like Libgen and Scihub, prone to be shut down at any point of time as evident from the litigations.
    • Clearly, access to knowledge is structurally made inequitable in favour of the elite and/or moneyed institutions and their constituents.

    Way forward

    • The above arguments maintain for the possible multiplicity that can emerge as the end-result of research.
    • Interdisciplinary and practice-based research can throw up social and ecological experiments, artworks and performances, and numerous new outcomes yet to be conceived as research outputs.
    • While the UGC hopes to raise the standards to global levels, precarity of employment, longer teaching hours, a dismal student-teacher ratio, lack of sabbaticals, research and travel grants, access to research facilities and office space, adversely impact the research potential of teachers.
    • Regulating research needs to be replaced with facilitating research, allowing minds to think and gestate.
    • Regulations without facilitation will merely bureaucratise the governance of knowledge without generating any pathbreaking insights.

    Conclusion

    The UGC needs to widen its criteria which values publication of a book as much as a research paper in the mandated journal to widen the research in social sciences and humanities.