Note4Students
From UPSC perspective, the following things are important :
Prelims level: Open Government Data platform
Mains level: Paper 3- Data Accessibility and Use Policy
Context
The Draft India Data Accessibility and Use Policy 2022 released in February for public consultation, is silent on the norms, rules, and mechanisms to bring to fruition its vision.
Aims of the policy
- The Draft Policy aims for harnessing public sector data for informed decision-making, citizen-centric delivery of public services, and economy-wide digital innovation.
- It seeks to maximise access to and use of quality non-personal data (NPD) available with the public sector, overcoming a number of historical bottlenecks.
- This GovTech 3.0 approach — to unlock the valuable resource of public sector data — does upgrade the OGD vision of the National Data Sharing and Accessibility Policy (NDSAP), 2012.
- It seeks to harness data-based intelligence for governance and economic development.
What is lacking in the draft policy?
- Lacking in norms and rules: The Draft Policy is silent on the norms, rules, and mechanisms to bring to fruition its vision of data-supported social transformation.
- Ignores the canons of RTI: Any attempt to promote meaningful citizen engagement with data cannot afford to ignore the canons of the Right to Information (RTI), and hence, the need for certain citizen data sets with personal identifiers to be in the public domain, towards making proactive disclosure meaningful.
- The unfinished task of the NDSAP in bringing coherence between restrictions on the availability of sensitive personal information in the public domain and India’s RTI, therefore, has been lost sight of.
- Risks to group privacy: With respect to government-to-government data sharing for citizen-centric service delivery, the Draft Policy highlights that approved data inventories will be federated into a government-wide, searchable database.
- But even in the case of anonymised citizen data sets (that is no longer personal data), downstream processing can pose serious risks to group privacy.
- Lack of data trusteeship framework: The Draft Policy adheres to the NDSAP paradigm of treating government agencies as ‘owners’ of the data sets they have collected and compiled instead of shifting to the trusteeship paradigm recommended by the 2020 Report of the MEITY Committee of Experts on non-personal data governance.
- The lack of a data trusteeship framework gives government agencies unilateral privileges to determine the terms of data licensing.
Suggestions
- Taking on board a trusteeship-based approach, the proposed Draft Policy must pay attention to data quality, and ensure that licensing frameworks and any associated costs do not pose an impediment to data accessibility for non-commercial purposes.
- Create common and interoperable data spaces: In the current context, where the most valuable data resources are held by the private sector, it is increasingly evident to policymakers that socioeconomic innovation depends on the state’s ability to catalyse wide-ranging data-sharing from both public and private sector actors across various sectors.
- The European Union, for instance, has focused on the creation of common, interoperable data spaces to encourage voluntary data-sharing in specific domains such as health, energy and agriculture.
- Mandatory data sharing arrangement: Creating the right conditions for voluntary data-sharing is a necessary, but not sufficient, condition for democratising data innovation.
- In this regard, the data stewardship model for high-value data sets proposed by the MEITY’s Committee of Experts in their Report on Non-Personal Data Governance (2020) is instructive.
- In this model, a government/not-for-profit organisation may request the Non-Personal Data Authority or NPDA for the creation of a high-value data set (only non-personal data) in a particular sector, demonstrating the specific public interest purpose.
- Once such a request is approved by the NPDA, the data trustee has the right to request data-sharing from all major custodians of data sets corresponding to the high-value data set category in question – both public and private.
Conclusion
- What we need is a new social contract for data whereby:
- a) the social commons of data are governed as an inappropriable commons that belong to all citizens;
- b) the government is the custodian or trustee with fiduciary responsibility to promote data use for public good; and
- c) democratisation of data value is ensured through accountable institutional mechanisms for data governance.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various provisions of the 74th Constitutional Amendment Act
Mains level: Centre vs. Delhi Govt
The Delhi Municipal Corporation (Amendment) Bill, 2022 was tabled in Lok Sabha.
What is the MCD Amendment Bill?
- The Bill seeks to amend The Delhi Municipal Corporation Act, 1957, to effectively undo the earlier 2011 amendment to the Act.
- Under the 2011 Act, the erstwhile Municipal Corporation of Delhi (MCD) was trifurcated into separate North, South, and East Delhi Municipal Corporations.
Key features of the Bill
(1) Unification of Municipal Corporations in Delhi:
- The Bill replaces the three municipal corporations under the Act with one Corporation named the Municipal Corporation of Delhi.
(2) Powers of the Delhi government:
- The Act as amended in 2011 empowers the Delhi government to decide various matters under the Act.
- These include:
- Total number of seats of councillors and number of seats reserved for members of the Scheduled Castes,
- Division of the area of corporations into zones and wards,
- Delimitation of wards,
- Matters such as salary and allowances, and leave of absence of the Commissioner,
- Sanctioning of consolidation of loans by a corporation, and
- Sanctioning suits for compensation against the Commissioner for loss or waste or misapplication of Municipal Fund or property
- Similarly, the Act mandates that the Commissioner will exercise his powers regarding building regulations under the general superintendence and directions of Delhi government.
- The Bill instead empowers the central government to decide these matters.
(3) Number of councillors:
- The Act provides that the number of seats in the three corporations taken together should not be more than 272.
- The 14th Schedule to the Act specifies 272 wards across the three Corporations.
- The Bill states that the total number of seats in the new Corporation should not be more than 250.
(4) Removal of Director of Local Bodies:
- The Act provides for a Director of Local Bodies to assist the Delhi government and discharge certain functions which include:
- Coordinating between Corporations,
- Framing recruitment Rules for various posts, and
- Coordinating the collecting and sharing of toll tax collected by the respective Corporations.
- The Bill omits this provision for a Director of Local Bodies.
(5) Special officer to be appointed by the central government:
- The Bill provides that the central government may appoint a Special Officer to exercise powers of the Corporation until the first meeting of the Corporation is held after the commencement of the Bill.
(6) E-governance system for citizens:
- The Bill adds that obligatory functions of the new Corporation will include establishing an e-governance system for citizen services on anytime-anywhere basis for better, accountable, and transparent administration.
(7) Conditions of service for sweepers:
- The Act provides that a sweeper employed for doing house scavenging of a building would be required to give a reasonable cause or a 14 day notice before discontinuing his service.
- The Bill seeks to omit this provision.
Issues with the Amendment Bill
The Bill, when passed, will not return the MCD exactly to its pre-2011 situation. There are many sections in the Bill that will make the new MCD very different from the older one.
- New delimitation exercise: Reducing the number of seats means a new delimitation exercise will have to be conducted, which experts say will take at least three months, but is more likely to take six months.
- Bureaucratization: Appointing a Special Officer means that until the elections are concluded, the Centre will likely appoint an officer to run the corporation. The Bill also does away with the provision of appointing a Director of Local Bodies by the Delhi government.
- Central hegemony: The other significant change is the replacement of the word “government” with “Central government” in all places. The bill hence seeks to curtail the powers of the elected govt of New Delhi by introducing central hegemony.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBI
Mains level: Issues with CBI
The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.
About CBI
- The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
- It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
- It then had its headquarters in Lahore.
- After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
- The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.
Mandate of the CBI
- The CBI is the main investigating agency of the GoI.
- It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
- Its important role is to prevent corruption and maintain integrity in administration.
- It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
- The CBI is also India’s official representative with the INTERPOL.
Cases to investigate
- Cases connected to infringement of economic and fiscal laws
- Crimes of a serious nature that have national and international ramifications
- Coordination with the activities of the various state police forces and anti-corruption agencies.
- It can also take up any case of public importance and investigate it
- Maintaining crime statistics and disseminating criminal information.
How does the CBI take up cases?
- Unlike the NIA, CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime.
- In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis.
- For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.
- In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.
Can the CBI decline to take up a case for investigation?
- After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency.
- If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up.
- In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is overburdened.
What is the CBI’s workload currently?
- According to the latest Annual Report of the Central Vigilance Commission, the CBI registered 608 FIRs in 2019 and 589 FIRs in 2020.
- In 2020, a total 86 cases related to demands for bribes by public servants for showing favour, and 30 cases for possession of disproportionate assets were registered.
- Out of 676 cases in the year (including FIRs and Preliminary Enquiries), 107 cases were taken up on the directions of constitutional courts and 39 on requests from state governments/ Union Territories.
- Also, there are over 1,300 vacancies in the CBI.
What is the CBI’s progress on cases?
- At the end of 2020, the CBI had 1,117 cases (both FIRs and PEs) pending investigation. In 2019, this number stood at 1,239.
- During 2020, investigation was finalised in 693 FIRs and 105 PEs.
- The conviction rate during the year was 69.83% against 69.19% in 2019.
- At the end of 2020, 9,757 cases were pending in various courts.
- The conviction rate in corruption cases was slightly lower at 67% in 2020.
- Almost 2,000 corruption cases are pending trial for more than 10 years.
What is the role of state consent in an investigation by the CBI?
- Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI.
- Opposition-ruled states have alleged the CBI has become its master’s voice, and has been unfairly targeting opposition politicians.
- Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government.
- CBI has claimed that this has tied its hands.
Also read
[Burning Issue] Central Bureau of Investigation
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Noise Pollution
Mains level: Not Much
The city of Moradabad in Uttar Pradesh is the second-most noise polluted city globally, according to a recent report title Frontier 2022 by the United Nations Environment Programme (UNEP).
What is Noise Pollution?
- Noise pollution, also known as environmental noise or sound pollution, is the propagation of noise with ranging impacts on the activity of human or animal life, most of them harmful to a degree.
- It is generally defined as regular exposure to elevated sound levels that may lead to adverse effects in humans or other living organisms.
- The source of outdoor noise worldwide is mainly caused by machines, transport, and propagation systems.
- Poor urban planning may give rise to noise disintegration or pollution, side-by-side industrial and residential buildings can result in noise pollution in the residential areas.
- Some of the main sources of noise in residential areas include loud music, transportation (traffic, rail, airplanes, etc.), maintenance, construction, electrical generators, wind turbines, explosions, and people etc.
Defining Noise Pollution
- Sounds with a frequency over 70 db are considered harmful to health.
- The World Health Organization (WHO) had recommended a 55 db standard for residential areas in the 1999 guidelines, while for traffic and business sectors, the limit was 70 db.
- The WHO set the limit of noise pollution on the road at 53 db in 2018, taking into account health safety.
Noise Pollution in India
- The report identifies 13 noise polluted cities in south Asia. Five of these, including Moradabad, are in India, which have recorded alarming levels of noise pollution:
- Kolkata (89 db)
- Asansol (89 db)
- Jaipur (84 db)
- Delhi (83 db)
- The noise pollution figures given in the report relate to daytime traffic or vehicles.
- Moradabad has recorded noise pollution of a maximum of 114 decibels (db). The Frontier 2022 report mentions a total of 61 cities.
Case in the neighborhood
- The highest noise pollution of 119 db has been recorded in Dhaka, the capital of Bangladesh.
- At third place is Pakistan’s capital Islamabad, where the noise pollution level has been recorded at 105 db.
Hazards created
- High levels of noise pollution affect human health and well-being by having an effect on sleep.
- This has a bad effect on the communication of many animal species living in the area and their ability to hear.
- Regular exposure for eight hours a day to 85 decibels of sound can permanently eliminate the ability to hear.
- Not only that, exposure to relatively low noise pollution for long periods in cities can harm physical and mental health.
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From UPSC perspective, the following things are important :
Prelims level: B9 Countries
Mains level: Not Much
The envoys to India of nine Eastern European countries called Bucharest Nine jointly wrote to acquaint the Indian public with the basic facts on the ground” about the “premeditated, unprovoked and unjustified Russian aggression in Ukraine”.
What is Bucharest Nine?
- The “Bucharest Nine” is a group of nine NATO countries in Eastern Europe that became part of the US-led military alliance after the end of the Cold War.
- The Bucharest Nine or Bucharest Format, often abbreviated as the B9, was founded on November 4, 2015, and takes its name from Bucharest, the capital of Romania.
- The group was created on the initiative of Klaus Iohannis, who has been President of Romania since 2014, and Andrzej Duda, who became President of Poland in August 2015.
Composition
- The B9 are, apart from Romania and Poland, Hungary, Bulgaria, the Czech Republic, Slovakia, and the three Baltic republics of Estonia, Latvia, and Lithuania.
- All members of the B9 are part of the European Union (EU) and North Atlantic Treaty Organisation (NATO).
- All nine countries were once closely associated with the now dissolved Soviet Union, but later chose the path of democracy.
- Romania, Poland, Hungary, and Bulgaria are former signatories of the now-dissolved Warsaw Pact military alliance led by the Soviet Union.
- The other Warsaw Pact countries were the erstwhile Czechoslovakia and East Germany, and Albania. Estonia, Latvia, and Lithuania were part of the former Union of Soviet Socialist Republics (USSR).
Functions of B9
- The B9 offers a platform for deepening the dialogue and consultation among the participant allied states, in order to articulate their specific contribution to the ongoing processes across the North-Atlantic Alliance.
- It works in total compliance with the principles of solidarity and indivisibility of the security of the NATO Member States.
Opposition to Russian expansion
- The B9 countries have been critical of President Vladimir Putin’s aggression against Ukraine since 2014, when the war in the Donbas started and Russia annexed the Crimean peninsula.
- After the Russian invasion of Ukraine on February 24, the B9 met in Warsaw.
- Ukraine’s President has also appealed to the B9 for defense aid, sanctions, pressure on the aggressor Russia and create one anti-war coalition.
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From UPSC perspective, the following things are important :
Prelims level: Solomon Islands
Mains level: Chinese expansion in Pacific
The Solomon Islands has defended plans to sign a security deal with Beijing that could allow China to boost its military presence in the South Pacific island nation. This has left Australia very concerned.
Solomon Islands
- Solomon Islands is a sovereign country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and northwest of Vanuatu.
- It has a land area of 28,400 square kilometres and a population of 652,858.[10] Its capital, Honiara, is located on the largest island, Guadalcanal.
- The country takes its name from the Solomon Islands archipelago, which is a collection of Melanesian islands.
- It also includes the North Solomon Islands (a part of Papua New Guinea), but excludes outlying islands, such as the Santa Cruz Islands and Rennell and Bellona.
- The islands have been settled since at least some time between 30,000 and 28,800 BCE, with later waves of migrants, notably the Lapita people, mixing and producing the modern indigenous Solomon Islanders population.
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