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GS Paper: GS2

  • Singapore Convention on Mediation

    The Singapore Convention on Mediation has finally come into force.

    Try this MCQ:

    Q. The Singapore Convention recently seen in news is related to:

    Climate change/ Arbitration and conciliation/ Foreign trade/ Marine Regulation

    Singapore Convention

    • It is aimed to provide a more effective way of enforcing mediated settlements of corporate disputes involving businesses in India and other countries that are signatories to the Convention.
    • Also known as the UN Convention on International Settlement Agreements Resulting from Mediation, this is also the first UN treaty to be named after Singapore.
    • With the Convention in force, businesses seeking enforcement of a mediated settlement agreement across borders can do so by applying directly to the courts of countries that have signed and ratified the treaty.
    • The harmonized and simplified enforcement framework under the Convention translates to savings in time and legal costs.

    Its signatories

    • The Convention has 53 signatories, including India, China and the U.S.
    • Singapore had worked with the UN Commission on International Trade Law, other UN member states and non-governmental organisations for the Convention.

    Significance of the convention

    • The Convention would boost India’s ‘ease of doing business’ credentials by enabling swift mediated settlements of corporate disputes.
    • Businesses in India and around the world will now have greater certainty in resolving cross-border disputes through mediation.

  • Why the Question Hour matters?

    The decision to go without “Question Hour” during the Monsoon Session of Parliament has evoked serious concerns about the democratic functioning of the institution.

    This newscard is very narrative in its form and scope. Try this question as well-

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

    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.

  • Parliamentary oversight and cancellation of question hour

    The article highlights the significance of question hour in democracy.

    Context

    • The decision to go without “Question Hour” during the Monsoon Session of Parliament, beginning September 14, has evoked serious concerns about the democratic functioning of the institution.

    Significance of question hour

    • Question Hour is an opportunity for the members to raise questions,
    • It is also a parliamentary device primarily meant for exercising legislative control over executive actions.
    • It is also a device to criticise government policies and programmes, ventilate public grievances, expose the government’s lapses, extract promises from ministers.
    • In short, question hour helps to ensure accountability and transparency in governance.

    Right to question the executive: Historical background

    • 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, allowed members the power to ask questions to the executive.
    • 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 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.
    • Since 1921, the question on which a member desired to have an oral answer, was distinguished by him with an asterisk, a star.

    Recent instances in which right to ask questions was curtailed

    • The government passed important bills in the first session of the 17th Lok Sabha before the formation of department-related standing committees.
    • The Constitution Amendment Bill on J&K was introduced without circulating copies to the members.
    • Several important bills were passed as Finance Bills to avoid scrutiny of the Rajya Sabha.
    • Standing committees are an extension of Parliament.
    • Any person has the right to present his/her opinion to a Bill during the process of consideration.

    Consider the question “What is the significance of question hour in the context of democracy in India? What is the implication of its suspension due to pandemic?”

    Conclusion

    The government’s actions erode the constitutional mandate of parliamentary oversight over executive actions as envisaged under Article 75 (3) of the Indian Constitution.

  • Making malnutrition free India by 2030

    The article analyses the problem of malnutrition in India and suggests the pathways to achieve the malnutrition free India by 2030.

    Severity of the nourishment problem in India

    • There were  189.2 million undernourished people (28 per cent of the world) in India in 2017-19, as per the combined report of FAO, IFAD, UNICEF, WFP and WHO (FAO, et.al. 2020) on “The state of Food Security and Nutrition in the World”.
    •  India accounts for 28 per cent (40.3 million) of the world’s stunted children (low height-for-age) under five years of age, and 43 per cent (20.1 million) of the world’s wasted children (low weight-for-height) in 2019.
    • In India, the problem has been more severe amongst children below the age of five years.
    • As per the National Family Health Survey (NFHS, 2015-16), the proportion of underweight and stunted children was as high as 35.8 per cent and 38.4 per cent respectively.
    • In several districts of Bihar, Jharkhand, Uttar Pradesh, Madhya Pradesh, Rajasthan and even Gujarat, the proportion of underweight children was more than 40 per cent.

    Aims of the National Nutrition Mission (NNM)

    • Ending all forms of malnutrition by 2030 is also the target of Sustainable Development Goal (SDG-2) of Zero Hunger.
    • Towards this end, NNM aims to reduce stunting, underweight and low birth weight each by 2 per cent per annum.
    • It aims to reduce anaemia among children, adolescent girls and women, each by 3 per cent per annum by 2022.
    • However, the Global Burden of Disease Study 1990–2017 has estimated that if the current trend continues, India cannot achieve these targets under NNM by 2022.

    Understanding the key determinants and deciding policy response

    1) Mothers’ education

    • Mothers’ education, particularly higher education, has the strongest inverse association with under-nutrition.
    • Women’s education has a multiplier effect not only on household food security but also on the child’s feeding practice and the sanitation facility.
    • Despite India’s considerable improvement in female literacy, only 13.7 per cent of women have received higher education (NFHS, 2015-16).
    • Therefore, programmes that promote women’s higher education such as liberal scholarships for women need to be accorded a much higher priority.

    2) Sanitation and access to safe drinking water

    • The second key determinant of child under-nutrition is the wealth index, which subsumes access to sanitation facilities and safe drinking water.
    • WASH initiatives, that is, safe drinking water, sanitation and hygiene, are critical for improving child nutritional outcomes.
    • In this context, the Swachh Bharat Abhiyan aims to eliminate open defecation and bring about behavioural changes in hygiene and sanitation practices.
    • In five years of the Abhiyan, as per government records, rural sanitation coverage has gone from 38.7 per cent in 2014 to 100 per cent in 2019, while the sanitation coverage in urban cites has gone up to 99 per cent by September 2020.
    • This remarkable achievement of the Swachh Bharat Abhiyan, subject to third-party evaluations, is expected to have a multiplier effect on nutritional outcomes.

    3) Leveraging agricultural policies

    • We should leverage agricultural policies and programmes to be more “nutrition-sensitive” and reinforcing diet diversification towards a nutrient-rich diet.
    • Food-based safety nets in India are biased in favour of staples: rice and wheat.
    • They need to provide a more diversified food basket, including coarse grains, millets, pulses and bio-fortified staples.
    • Bio-fortification is very cost-effective in improving the diet of households and the nutritional status of children.
    • The Harvest-Plus programme of CGIAR can work with the Indian Council of Agricultural Research (ICAR) to grow new varieties of nutrient-rich staple food crops.

    4) Promotion of exclusive breastfeeding, complementary foods, diversified diet

    • The promotion of exclusive breastfeeding and the introduction of complementary foods and a diversified diet after the first six months is essential to meet the nutritional needs of infants and ensure appropriate growth and cognitive development of children.

    5) Access to prenatal and postnatal care

    • Access and utilisation of prenatal and postnatal health care services also play a significant role in curbing undernutrition among children.
    • Aanganwadi workers and community participation can bring significant improvements in child-caring practices.

    Consider the question “Assess the severity the problem of malnutrition in India and suggest the measure to achieve the goal of malnutrition free India by 2030”

    Conclusion

    To contribute towards the holistic nourishment of children and a malnutrition free India by 2030, the government needs to address the multi-dimensional determinants of malnutrition on an urgent basis.

  • Undoing the right to housing

    The article analyses the implications of recent Supreme Court order regarding the removal of encroachment along the railway line. 

    Context

    •  In short order, the Supreme Court of India on August 31 ordered the removal of about 48,000 slum dwellings situated along the railway tracks in Delhi.
    • The order raises several legal questions, which are discussed below.

    1) Violation of the principle of natural justice

    • The order violates principles of natural justice and due process because it was delivered without hearing the affected party, the jhuggi dwellers.
    • The order was passed in the long-running case on the piling up of garbage along railway tracks.
    • However, neither this case nor the report concerns itself with the legality of informal settlements.
    • Still, the Court made an unconvincing connection between the piling of garbage and the presence of slums.

    2) Ignoring the right to livelihood

    • In this order, the Court ignored its long-standing jurisprudence on the right to livelihood.
    • In the landmark decision concerning pavement-dwellers, a five-judge Bench of the Supreme Court in Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors. (1985) held that the right to life also includes the “right to livelihood”.
    • Further, in Chameli Singh vs. the State Of U.P. (1995), the Supreme Court recognised the “right to shelter” as a component of the right to life under Article 21 and freedom of movement under Article 19(1)(e).

    3) Failure to consider policies and case laws

    •  High Court of Delhi has held that prior to any eviction, a survey must be conducted.
    • The procedure laid down in this judgment formed the basis for the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015.
    • In Ajay Maken & Ors. vs Union Of India & Ors. (2019), the Delhi High Court invoked the idea of the “Right to the City” to uphold the housing rights of slum dwellers.
    • This case led to the framing of a Draft Protocol for the 2015 Policy on how meaningful engagement with residents should be conducted.

    Conclusion

    The Courts need to strike the balance between the rights of the slum dweller and those affected by the encroachment.

  • Neither war nor peace between India and China

    The article analyses the challenges in the India-China border dispute and the recent events of Chinese aggression.

    Trust deficit

    • The recent Chinese actions have set back trust between the two countries by decades.
    • Trust made sense when both sides could assume that the other side either did not have the capacity or would not rapidly deploy troops in strategic positions at the border.
    • With the building of infrastructure on both sides, this trust was bound to break.
    • Even after temporary disengagement, both sides will now have distrust about the deployment of the other side.
    • An infrastructure-thick environment will require a permanent presence and closer deployments.

    Challenges

    •  At the level of the army, India seems to have consistently misread the PLA’s intentions.
    •  The closer the armies get, the greater the risks.
    • There is a political logic that does not bode well. There is still speculation on why the Chinese are taking an aggressive posture.
    • The very fact that we are not sure of Chinese motives means it is hard to know their endgame.

    Chinese fears

    • At a basic level, they will want to secure their interests in CPEC.
    • Tibet issue has also been a sensitive issue for China.
    •  Chinese interest in Nepal is less to encircle India. It is to ensure Nepal is not used as a staging ground of resistance in Tibet.

    Tibet issues in India-China relations

    • On Tibet issue India is in an awkward situation.
    • Due to the presence of the Dalai Lama in India, China will see it as a potential threat to its cultural hegemony in Tibet.
    • Ladakh and Tawang are also important pieces in that cultural consolidation.
    • The Sino-India peaceful relations were premised on keeping the Tibet issue in check.
    • But just as we are not sure of Chinese motives, they may not be sure of our motives either.

    New paradigm in India’s foreign policy

    • India growing power means it needs a new paradigm of foreign policy.
    • This policy will supposedly safeguard India’s interests more assertively.
    • If diplomatically not well managed, this change also causes great uncertainty in the international system.
    • India’s Pakistan policy is premised entirely on keeping them guessing on what we might do, including possible military options and altering the territorial status quo.
    • Our domestic ideological articulation of India’s position ranges from reclaiming PoK to Aksai Chin.
    • We cannot abandon Tibetans.
    • This underscores a narrative of uncertainty over our intentions.

    Conclusion

    Our own trumpeted departure from the past, without either the diplomatic preparation, domestic political discipline, and full anticipation of military eventualities, does not make it easy for others to understand our endgame.

  • ‘Streets for People’ Challenge

    The Union Housing and Urban Affairs has launched the initiative ‘Streets for People’ for making cities more pedestrian-friendly.

    Streets for People

    • The Challenge builds on the advisory issued by MoHUA for the holistic planning for pedestrian-friendly market spaces, earlier this year.
    • It will support cities across the country to develop a unified vision of streets for people in consultation with stakeholders and citizens.
    • Adopting a participatory approach, cities will be guided to launch their own design competitions to gather innovative ideas from professionals for quick, innovative, and low-cost tactical solutions.
    • ​It aims to inspire cities to create walking-friendly and vibrant streets through quick, innovative, and low-cost measures.
    • All cities participating in the challenge shall be encouraged to use the ‘test-learn-scale’ approach to initiate both, flagship and neighbourhood walking interventions.
    • The interventions can include inter alia creating pedestrian-friendly streets in high footfall areas, re-imagining under-flyover spaces, re-vitalizing dead neighbourhood spaces, and creating walking links through parks and institutional areas.

    Various stakeholders

    • Fit India Mission, under Ministry of Youth Affairs and Sports, along with the India program of the Institute for Transport Development and Policy (ITDP) has partnered with the Smart Cities Mission to support the challenge.

  • What constitutes a breach of the legislature’s privilege?

    A motion for breach of privilege was moved in the Maharashtra Assembly against a news channel’s editor-in-chief. A similar motion was moved in the Maharashtra Legislative Council against an actor.

    Try this PYQ:

    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

    Provisions to protect the privileges of the legislature

    • 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.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

    What constitutes a breach of this privilege?

    • While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
    • Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
    • Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
    • It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.

    Procedure followed in cases of an alleged breach

    • The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
    • The members to the committee which has quasi-judicial powers are nominated based on the party strength in the Houses.
    • The Speaker or Chairman first decides on the motions.
    • If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
    • At present, there is no Privileges Committee in either House of the state legislature.
    • The Committee will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.

    What is the punishment for this?

    • If the Committee finds the offender guilty of breach of privilege and contempt, it can recommend the punishment.
    • The punishment can include communicating the displeasure of the state legislature to the offender, summoning the offender before the House and giving a warning, and even sending the offender to jail.
    • In the case of the media, press facilities of the state legislature may be withdrawn, and a public apology may be sought.

  • [pib] Five Star Village Scheme

    The Department of Posts has launched a scheme called Five Star Villages, to ensure universal coverage of flagship postal schemes in rural areas of the country.

    The Five Star Villages Scheme sounds typically among the most commons types say, Swachh Bharat, Financial Inclusion and Literacy or Infrastructure amenities. Here is the caution for preventing a blunder.

    Five Star Villages Scheme

    • The scheme seeks to bridge the gaps in public awareness and reach of postal products and services, especially in interior villages.
    • The initiatives covered under the scheme include:
    1. Savings Bank accounts, Recurrent Deposit Accounts, NSC / KVP certificates,
    2. Sukanya Samridhi Accounts/ PPF Accounts,
    3. Funded Post Office Savings Account linked India Post Payments Bank Accounts,
    4. Postal Life Insurance Policy/Rural Postal Life Insurance Policy and
    5. Pradhan Mantri Suraksha Bima Yojana Account / Pradhan Mantri Jeevan Jyoti Bima Yojana Account.
    • If a village attains universal coverage for four schemes from the above list, then that village gets four-star status; if a village completes three schemes, then that village gets three-star status and so on.

    Its implementation

    • The scheme will be implemented by a team of five Gramin Dak Sevaks who will be assigned a village for the marketing of all products, savings and insurance schemes of the Department of Posts.
    • This team will be headed by the Branch Post Master of the concerned Branch Office. Mail overseer will keep personal watch on the progress of the team on daily basis.
    • The teams will be led and monitored by concerned Divisional Head, Assistant Superintendents Posts and Inspector Posts.

  • Explained: Maratha quota — the agitation, the politics

    The Supreme Court has referred to a Constitution Bench the question of whether states can exceed the 50% limit on quotas that were set by a nine-judge Bench in the landmark Indra Sawhney vs Union of India (1992) case.

    Practice question for mains:

    Q.The quota policy for OBCs needs an urgent revisit. Comment.

    Marathas and their ‘backwardness’

    • The Marathas are a politically dominant community who make up 32% of Maharashtra’s population.
    • They have historically been identified as a ‘warrior’ caste with large landholdings. Eleven of the state’s 19 chief ministers so far have been Marathas.
    • While the division of land and agrarian problems over the years have led to a decline of prosperity among middle- and lower-middle-class Marathas, the community still plays an important role in the rural economy.
    • The discontent in the community was a spillover into protests and unrest until the quota was announced.
    • The second phase of the protest saw a spate of suicides. The backward Marathwada region was the worst affected by the protests.

    What was the case?

    • A Bench of the SC heard a batch of petitions challenging reservations for Marathas in education and jobs in Maharashtra.
    • The petitions appealed a 2019 Bombay High Court decision that upheld the constitutional validity of the Maratha quota under the Socially and Educationally Backward Classes (SEBC) Act, 2018.
    • The Bench also heard a petition challenging admission to postgraduate medical and dental courses under the quota in the state.

    Earlier Bombay HC ruling

    • The Bombay HC ruled last year that the 16% quota granted by the state was not “justifiable”, and reduced it to 12% in education and 13% in government jobs, as recommended by the Maharashtra State Backward Class Commission (MSBCC).
    • The Bench ruled that the limit of the reservation should not exceed 50%.
    • However, in exceptional circumstances and extraordinary situations, this limit can be crossed subject to availability of quantifiable and contemporaneous data reflecting backwardness, the inadequacy of representation and without affecting the efficiency in administration.
    • The court relied heavily on the findings of the 11-member MSBCC, which submitted in November 2018 that the Maratha community is socially, economically and educationally backwards.

    Existing reservation

    • Following the 2001 State Reservation Act, the total reservation in Maharashtra was 52%: SCs (13%), STs (7%), OBCs (19%), Special Backward Class (2%), Vimukta Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C (3.5%) and Nomadic Tribe D (2%).
    • The quotas for Nomadic Tribes and Special Backward Classes have been carved out of the total OBC quota.
    • With the addition of 12-13% Maratha quota, the total reservation in the state went up to 64-65%.
    • The 10% quota for Economically Weaker Sections (EWS) announced by the Centre last year is also effective in the state.