November 2020
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Banking Sector Reforms

Allowing corporate houses in banking

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NBFCs

Mains level: Paper 3- Banking regulation and allowing corporate houses to own banks

The article argues against the suggestion of allowing the corporate houses in the banking sector in India.

Context

  • An Internal Working Group of the Reserve Bank of India (RBI) has recommended that corporate houses be given bank licences.

Background of the idea

  • In February 2013, the RBI had issued guidelines that permitted corporate and industrial houses to apply for a banking licence.
  • No corporate was ultimately given a bank licence.
  • None of the applicants had met ‘fit and proper’ criteria.
  • In 2014, the RBI restored the long-standing prohibition on the entry of corporate houses into banking.
  • The RBI’s position on the subject has remained unchanged since 2014.

Advantages

  • Corporate houses will bring capital and expertise to banking.
  • Moreover, not many jurisdictions worldwide bar corporate houses from banking.

Risks involved

  • As the report notes, the main concerns are interconnected lending, concentration of economic power and exposure of the safety net provided to banks
  • Corporate houses can easily turn banks into a source of funds for their own businesses.
  • In addition, they can ensure that funds are directed to their cronies.
  • They can use banks to provide finance to customers and suppliers of their businesses.
  • Adding a bank to a corporate house thus means an increase in concentration of economic power.
  • Not least, banks owned by corporate houses will be exposed to the risks of the non-bank entities of the group.
  • If the non-bank entities get into trouble, sentiment about the bank owned by the corporate house is bound to be impacted.

Suggestion by IWG and issues with them

  • The Internal Working Group (IWG) believes that before corporate houses are allowed to enter banking, the RBI must be equipped with a legal framework to deal with interconnected lending and a mechanism to effectively supervise conglomerates that venture into banking.
  • But there are following 4 issues with such suggestion-
  • 1) Tracing interconnected lending will be a challenge.
  • 2)The RBI can only react to interconnected lending ex-post, that is, after substantial exposure to the entities of the corporate house has happened.
  • It is unlikely to be able to prevent such exposure.
  • 3) Any action that the RBI may take in response could cause a flight of deposits from the bank concerned and precipitate its failure.
  • 4) Pitting the regulator against powerful corporate houses could end up damaging the regulator.

Issues in allowing NBFC owning corporate house in banking

  • Under the present policy, NBFCs with a successful track record of 10 years are allowed to convert themselves into banks.
  • The Internal Working Group believes that NBFCs owned by corporate houses should be eligible for such conversion.
  • This promises to be an easier route for the entry of corporate houses into banking.
  • The Internal Working Group argues that corporate-owned NBFCs have been regulated for a while.
  • However, there is a world of difference between a corporate house owning an NBFC and one owning a bank.
  • Bank ownership provides access to a public safety net whereas NBFC ownership does not.
  • The reach and clout that bank ownership provides are vastly superior to that of an NBFC.
  • The objections that apply to a corporate house with no presence in bank-like activities are equally applicable to corporate houses that own NBFCs.

Consider the question “What are the concerns and challenges in allowing the corporate houses in the banking sector in India?” 

Conclusion

India’s banking sector needs reform but corporate houses owning banks hardly qualifies as one. If the record of over-leveraging in the corporate world in recent years is anything to go by, the entry of corporate houses into banking is the road to perdition.

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Judicial Reforms

Protecting Article 32

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 32

Mains level: Paper 2- Recourse to Article 32 and related issues

The article deals with the issue of recourse to Article 32 for violation of Fundamental Rights. But it is subject to fundamental principles of administration of justice.

Context

  • The Chief Justice of India is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter, that the Court was trying to “discourage” recourse to Article 32.

Recourse under Article 32 is not absolute

  • The apex judicial process shows clearly that the Court regards Article 32 as a judicial power subject to the fundamental principles of administration of justice.
  • The Supreme Court has already extended rules and doctrines such as laches (delays) or res judicata (a matter already decided by a competent court) or any other principle of administration of justice.
  • Article 32 keep open “the doors of this court” and requires the state not to “put any hindrance” to a person seeking to approach the Court.
  • However, the Court must ignore all laws of procedure, evidence, limitation, res judicata and other provision.
  • The Supreme Court has also said that faith “must be inspired in the hierarchy of Courts [ Recourse under Article 226 should be sought before approaching the SC] and the institution as a whole” and not” only in this Court alone”.
  • So, even if there is a constitutional right to remedies it remains subject to the discipline of judicial power and process.

New facets of Article 32

  • The Supreme Court has also discovered new facets of Article 32.
  • As early as 1950, it has ruled that powers under Article 32 are not limited to the exercise of prerogative writs.
  • In 1987 the Court ruled that it has powers to rule for compensation of violation of fundamental rights.
  • In 1999 it said that this power extended to the rectification of its own mistakes or errors.

Comparing Article 226 and Article 32

  • Article 226 is the very dimension; the high court’s vast jurisdiction technically casts no duty on them to enforce fundamental rights.
  • They have the discretion to act or not to; in contrast, the Supreme Court must.
  • Fourth, Article 32 is not absolute, the Supreme Court decides on what “appropriate proceedings” should be for it to be so moved.
  • But the Court may not prescribe any process as it likes but only that process which preserves, protects and promotes the right to constitutional remedies.

Need for effective bail system

  • The just demand for an expeditious and effective bail system stems from manifest discrimination in bail .
  • In several instances, one case is fast-tracked whereas others are consigned to slow-moving judicial action, even when rights to life and health are endangered.
  • Scandalous judicial delays, measures of decongestion and diversion, and a bold resolution of “who watches the watchman” syndrome now demand urgent apex response.

Consider the question “Seeking remedy from the Supreme Court for the violation of fundamental rights under Article 32 is also a fundamental right. However, enforcement of it is not absolute. In light of this, examine the challenges in its enforcement by the Supreme Court.”

Conclusion

Article 32 makes the apex court into a “people’s court”. And future historians should not be able to conclude that the Court deliberately dealt deathblows to this “soul” of the Constitution, as Babasaheb Ambedkar described Article 32.

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Monsoon Updates

Why has the Northeast Monsoon remained deficient this year?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Indian Monsson : Onset and Withdrawal

Mains level: El Nino and La Nina

Rainfall over the Southern peninsular region has been deficient so far due to prevailing La Nina conditions according to the India Meteorological Department (IMD).

Try this PYQ:

Q.La Nina is suspected to have caused recent floods in Australia. How is La Nina different from El Nino?

  1. La Nina is characterized by unusually cold ocean temperature in equatorial Indian Ocean whereas El Nino is characterized by unusually warm ocean temperature in the equatorial Pacific Ocean.
  2. El Nino has an adverse effect on south-west monsoon of India, but La Nina has no effect on monsoon climate.

Which of the statements given above is/are correct?

(a) Only 1

(b) Only 2

(c) Both 1 and 2

(d) Neither 1 nor 2

What is the Northeast monsoon?

  • India receives rainfall during two seasons.
  • About 75 per cent of the country’s annual rainfall is received from the Southwest monsoon between June and September.
  • The Northeast monsoon, on the other hand, occurs from October to December and is a comparatively small-scale monsoon, which is confined to the Southern peninsula.
  • After the complete withdrawal of the Southwest monsoon from the country takes place by mid-October, the wind pattern rapidly changes from the south-westerly to the north-easterly direction.
  • Also called the winter monsoon, the rainfall associated with the Northeast monsoon is important for almost entire South India.

Why it is important?

  • Tamil Nadu records about 48 per cent (447.4 mm) of its annual rainfall (943.7 mm) during these months, making it the key factor for undertaking agricultural activities and reservoir management in the state.
  • Some South Asian countries such as Maldives, Sri Lanka and Myanmar also record rainfall from October to December.

Why there are distortions?

  • The majority of districts in Tamil Nadu remain highly rain-deficient up this time.
  • The period after the Southwest monsoon season, from October to December, is the peak time for cyclonic activity in the North Indian Ocean region — covering the Arabian Sea and the Bay of Bengal.
  • The winds associated with the formation of low-pressure systems, depressions, or cyclones influence this monsoon, and therefore, the rainfall.
  • Officials at IMD have linked it to the prevailing La Niña conditions in the Pacific Ocean.

La Nina  link with the NE monsoon

  • While La Niña conditions enhance the rainfall associated with the Southwest monsoon, it has a negative impact on rainfall associated with the Northeast monsoon.
  • During La Niña years, the synoptic systems — low pressure or cyclones — formed in the Bay of Bengal remain significantly to the north of their normal position.
  • Besides, instead of moving westwards, these systems recurve. As they lie to the north of their normal position, not much rainfall occurs over southern regions like Tamil Nadu.

Back2Basics: El Nino and La Nina

  • While El Niño (Spanish for ‘little boy’), the more common expression, is the abnormal surface warming observed along the eastern and central regions of the Pacific Ocean (the region between Peru and Papua New Guinea).
  • The La Niña (Spanish for ‘little girl’) is an abnormal cooling of these surface waters.
  • Together, the El Niño and La Niña phenomena are termed as El Niño Southern Oscillation (ENSO).
  • These are large-scale ocean phenomena which influence the global weather — winds, temperature and rainfall. They have the ability to trigger extreme weather events like droughts, floods, hot and cold conditions, globally.
  • Each cycle can last anywhere between 9 to 12 months, at times extendable to 18 months — and re-occur after every three to five years.
  • Meteorologists record the sea surface temperatures for four different regions, known as Niño regions, along this equatorial belt.
  • Depending on the temperatures, they forecast either as an El Niño, an ENSO neutral phase, or a La Niña.

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Water Management – Institutional Reforms, Conservation Efforts, etc.

Desalination Plants and their Feasibility

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Desalination plants

Mains level: Drinking water scarcity in Urban India

Maharashtra state govt. has announced the setting up of a desalination plant in Mumbai, becoming the fourth state in the country to experiment with the idea.

Try this PYQ:

Q.What is the role of ultraviolet (UV) radiation in the water purification systems?

  1. It inactivates/kills the harmful microorganisms in water.
  2. It removes the entire undesirable odour from the water.
  3. It quickens the sedimentation of solid particles, removes turbidity and improves the clarity of water.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

What are Desalination Plants?

  • A desalination plant turns salt water into water that is fit to drink.
  • The most commonly used techniques used for the process is reverse osmosis where external pressure is applied to push solvents from an area of high-solute concentration to an area of low-solute concentration through a membrane.
  • The microscopic pores in the membranes allow water molecules through but leave salt and most other impurities behind, releasing clean water from the other side.
  • These plants are mostly set up in areas that have access to seawater.

How widely is this technology used in India?

  • Desalination has largely been limited to affluent countries in the Middle East and has recently started making inroads in parts of the United States and Australia.
  • In India, Tamil Nadu has been the pioneer in using this technology, setting up two desalination plants near Chennai in 2010 and then 2013, while there are two more to come.

Need for such plant

  • According to the projections, the population of Mumbai is anticipated to touch 1.72 crores by 2041 and accordingly, the projected water demand would be 6424 MLD by then.
  • Currently, BMC supplies 3850 MLD as against the requirement of 4200 MLD each day.

Is it ecologically safe?

  • The high cost of setting up and running a desalination plant is one reason why the Maharashtra government has over the last decade been hesitant in building such a plant.
  • Desalination is an expensive way of generating drinking water as it requires a high amount of energy.
  • The other problem is the disposal of the byproduct — highly concentrated brine (saltwater) — of the desalination process.
  • While in most places brine is pumped back into the sea, there have been rising complaints that it ends up severely damaging the local ecology around the plant.

Back2Basics: Osmosis and Reverse Osmosis

  • Osmosis is a phenomenon where pure water flows from a dilute solution through a semi-permeable membrane to a higher concentrated solution.
  • Semi-permeable means that the membrane will allow small molecules and ions to pass through it but acts as a barrier to larger molecules or dissolved substances.
  • As water passes through the membrane to the salt solution, the level of liquid in the saltwater compartment will rise until enough pressure, caused by the difference in levels between the two compartments, is generated to stop the osmosis.
  • This pressure, equivalent to a force that the osmosis seems to exert in trying to equalize concentrations on both sides of the membrane, is called osmotic pressure.
  • If pressure greater than the osmotic pressure is applied to the high concentration the direction of water flow through the membrane can be reversed.
  • This is called reverse osmosis. Note that this reversed flow produces pure water from the salt solution since the membrane is not permeable to salt.

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Forest Conservation Efforts – NFP, Western Ghats, etc.

What are Miyawaki Forests?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Miyawaki Forests

Mains level: Various afforestation measures

Japan-inspired Miyawaki forests are emerging as a popular solution to restoring degraded habitats in the country.

Try this question:

Q.The Miyawaki Forests technique has to potential to revolutionize the concept of urban afforestation in India. Discuss.

Miyawaki Forests

  • Doctor Akira Miyawaki, botanist and professor, is the inventor of the technique since 1980.
  • He is a recipient of the 2006 Blue Planet Prize, which is the equivalent of a Nobel Prize in ecology.
  • The approach is supposed to ensure that plant growth is 10 times faster and the resulting plantation is 30 times denser than usual.
  • It involves planting dozens of native species in the same area and becomes maintenance-free after the first three years.

The technique

  • The method takes its inspiration directly from processes and diversity in nature: 15 to 30 different species of trees and shrubs are planted together.
  • This plant community works very well together and is perfectly adapted to local weather conditions.
  • The habitat thus created will get more complex over time and attract much biodiversity.
  • Vegetation becomes much denser than conventional plantations, and it has the structure of a mature natural forest. It is a multi-storey structure, where different levels of vegetation appear.
  • The forest thus structured delivers many benefits in the form of ecosystem services.
  • It would take about 200 years to let a forest recover on its own. With the Miyawaki method, a similar result is achieved in 20 years.

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Foreign Policy Watch: India-SAARC Nations

South Asian University

Note4Students

From UPSC perspective, the following things are important :

Prelims level: South Asian University

Mains level: SAARC and its fading relevance

The Delhi-based South Asian University, established by all eight SAARC countries, has not had a president for over a year, while its executive council and governing board have not met for almost two and three years respectively.

Note the features of SAARC, ASEAN and East Asia Summit.

South Asian University

  • South Asian University (SAU) is an International University sponsored by the eight Member States of the South Asian Association for Regional Cooperation (SAARC).
  • The eight countries are Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka.
  • India, as the host and the largest country in the SAARC group, bore the entire capital cost for setting up the university, and also pays 50% of the operational costs.
  • SAU attracts students predominantly from all the eight SAARC countries, although students from other continents also attend.
  • There is a country quota system for admission of students. Every year SAU conducts admission test at multiple centres in all the eight countries.
  • The degrees of the university is recognised by all the member nations of the SAARC according to an inter-governmental agreement signed by the foreign ministers of the eight-member states.

Institution on failure

  • After a decade of existence, the university has yet to appoint a non-Indian president, despite rules stipulating a rotation among the member countries.
  • At a time when the Union government is trying to encourage international education in India, an existing international institution is facing a crisis of leadership.

A matter of reluctance

  • According to the agreement signed by all the SAARC countries, the first president should have been from India, and then rotated among the other countries in alphabetical order.
  • So the next president should be from the Maldives.
  • But the MEA has put an advertisement calling only for Indian applicants, but there has been no appointment after one year.

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Capital Markets: Challenges and Developments

What are Negative-Yield Bonds?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Negative-Yield Bonds

Mains level: Not Much

China recently sold negative-yield debt for the first time, and this saw high demand from investors across Europe.

Try this PYQ:

Q.Which of the following is issued by registered foreign portfolio investors to overseas investors who want to be part of the Indian stock market without registering themselves directly?

(a) Certificate of Deposit

(b) Commercial Paper

(c) Promissory Note

(d) Participatory Note

What are Negative-Yield Bonds?

  • These are debt instruments that offer to pay the investor a maturity amount lower than the purchase price of the bond.
  • These are generally issued by central banks or governments, and investors pay interest to the borrower to keep their money with them.

Why do investors buy them?

  • Negative-yield bonds attract investments during times of stress and uncertainty as investors look to protect their capital from significant erosion.
  • At a time when the world is battling the Covid-19 pandemic and interest rates in developed markets across Europe are much lower.
  • Hence, investors are looking for relatively better-yielding debt instruments to safeguard their interests.

Why is there a huge demand?

  • While Europe, the US and other parts of the world are facing a second wave of Covid-19 cases, China has demonstrated that it has controlled the spread of the pandemic and is therefore seen as a more stable region.
  • Many feel that European investors are also looking to increase their exposure in China, and hence there is a huge demand for these bonds.
  • The fact that the 10-year and 15-year bonds are offering positive returns is a big attraction at a time when interest rates in Europe have dropped significantly.
  • As against minus —0.15% yield on the 5-year bond issued by China, the yields offered in safe European bonds are much lower, between –0.5% and —0.75%.

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Modern Indian History-Events and Personalities

[pib] Who was Lachit Borphukan?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Lachit Borphukan

Mains level: Not Much

The Prime Minister has paid tribute to Lachit Borphukan on Lachit Diwas.

Try this PYQ:

Q.What was the immediate cause for Ahmad Shah Abdali to invade and fight the Third Battle of Panipat:

(a) He wanted to avenge the expulsion by Marathas of his viceroy Timur Shah from Lahore

(b) The frustrated governor of Jullundhar Adina Beg khan invited him to invade Punjab

(c) He wanted to punish Mughal administration for non-payment of the revenues of the Chahar Mahal (Gujrat Aurangabad, Sialkot and Pasrur)

(d) He wanted to annex all the fertile plains of Punjab upto borders of Delhi to his kingdom

Who was Lachit Borphukan?

  • The year was 1671 and the decisive Battle of Saraighat was fought on the raging waters of the Brahmaputra.
  • On one side was Mughal Emperor Aurangzeb’s army headed by Ram Singh of Amer (Jaipur) and on the other was the Ahom General Lachit Borphukan.
  • He was a commander in the Ahom kingdom, located in present-day Assam.
  • Ram Singh failed to make any advance against the Assamese army during the first phase of the war.
  • Lachit Borphukan emerged victorious in the war and the Mughals were forced to retreat from Guwahati.

Lachit Diwas

  • On 24 November each year, Lachit Divas is celebrated statewide in Assam to commemorate the heroism of Lachit Borphukan.
  • On this day, Borphukan has defeated the Mughal army on the banks of the Brahmaputra in the Battle of Saraighat in 1671.
  • The best passing out cadet of National Defence Academy has conferred the Lachit gold medal every year since 1999 commemorating his valour.

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