Note4Students
From UPSC perspective, the following things are important :
Prelims level: Asian Development Bank (ADB);
Mains level: Developments in Indian Subcontitnent; India's GDP growth projection by ADB;
Why in the News?
The Asian Development Bank (ADB) increased its GDP growth projection for India for the current fiscal year to 7%, up from its previous estimate of 6.7%.
Reason behind the increased India’s GDP growth projection by ADB:
- Manufacturing Sector: The manufacturing sector growth of India in the 2023 fiscal year was robust, with the S&P Global India Manufacturing PMI rebounding to 56.0 in November 2023 from an eight-month low of 55.5 in October 2023.
- Investment and Consumption Demand: Investment and Consumption demand are both expected to drive India’s economic growth in 2024 and FY25. Private Final Consumption Expenditure (PFCE) grew at 3.5% in the December quarter of FY24.
- Inflation Trend: Inflation in India is expected to continue its downward trend in tandem with global trends Inflation in India decreased to 5.09 percent in February 2024 from 5.10 percent in January 2024. India’s inflation rate is projected to trend around 4.30 percent in 2025, according to econometric models.
- Monetary policy: The RBI has kept the repo rate unchanged at 6.5% for 2023-24, focusing on withdrawal of accommodation to ensure that inflation progressively aligns to the target while supporting growth.
Government Initiatives taken for Regional Development:
- Regional Cooperation and Integration (RCI) Conference, 2023:
-
-
- It was organised by the Asian Development Bank (ADB) at Tbilisi, Georgia.
- Theme: ‘Strengthening Regional Cooperation and Integration through Economic Corridor Development (ECD)’.
- Objective: To integrate spatial transformation and area-centric approach with the help of Economic Corridor Development.
- In this Conference, India offered its indigenously developed GIS-based technology though knowledge sharing to ADB and South Asia Sub-Regional Economic Cooperation (SASEC) countries for enhancing socio-economic planning and regional cooperation.
- PM GatiShakti National Master Plan and Multi-modal Connectivity:
-
- Basically, PM Gati Shakti is principled to bring socio-economic area-based development as part of regional connectivity.
- It is being implemented to enhance connectivity with regional partners with the help of GIS-based technology. For Example: Indo-Nepal Haldia Access Controlled Corridor project.
BACK2BASIC:
About Asian Development Bank(ADB):
- Established in 1966, it is owned by 68 members-49 from the region. ADB’s five largest shareholders are Japan and the United States (each with 15.6% of total shares), the People’s Republic of China (6.4%), India (6.3%), and Australia (5.8%).
- Headquarters: Manila, Philippines.
- Objective: To foster social and economic development across Asia and the Pacific region.
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Conclusion: Indian government’s effort across the robust manufacturing growth, investment, working on consumption demand, decreasing inflation, and supportive monetary policy, aligning with its goal of promoting regional social and economic development are gaining some fruits.
Mains PYQ:
Q China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor.(UPSC IAS/2017)
Q India has recently signed to become founding member of New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB). How will the role of the two Banks be different? Discuss the strategic significance of these two Banks for India. (UPSC IAS/2014)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Science and Technology; Biotechnology; NexCAR19;
Mains level: Process and Significance of CAR T thearpy;
Why in the News?
- President Droupadi Murmu launched India’s first indigenously-developed CAR T-cell therapy, hailing it as a major breakthrough against cancer.
- This therapy was developed by the Indian Institute of Technology (IIT) Bombay and the Tata Memorial Centre, and it is known as ‘NexCAR19 CAR T-cell therapy’.
BACK2BASICS:
What is CAR T cell thearpy?
CAR T-cell therapy is a type of immunotherapy that involves modifying a patient’s T cells, a type of white blood cell that plays a crucial role in the immune system, to recognize and attack cancer cells. This therapy is designed to target specific proteins found on the surface of cancer cells, such as CD19, which is commonly found on B cells. |
How are CAR-T cells made?
Significance of CAR T Thearpy:
- Promising results: This therapy has shown promising results in treating some types of blood cancers, including certain kinds of lymphoma, pediatric leukemia, and adult leukemia. It has shown with approximately 70% of patients responding to the treatment.
- Less time for treatment: CAR T-cell therapies are generally a single infusion with less than 2 weeks of inpatient care, while stem cell transplants and chemotherapy treatment regimens can take months to complete
Limitiations of CAR-T Therapy:
- Risks of CAR-T Therapy: The efficacy of CAR-T therapy varies from person to person, and it is too early to declare it a complete cure. While it has shown remarkable progress in challenging cases, its effectiveness is not universal.
- High Cost Therapy: NexCAR19 is priced at a fraction of its US counterpart, it remains relatively high for many Indians, ranging from ₹40 to 45 lakh.
- It’s Side Effects includes:
- Cytokine Release Syndrome (CRS): CRS is the most common side effect of CAR-T therapy, triggering an ‘Inflammatory Response’ that leads to immune system hyperactivity.
- Neurotoxicity: Although not observed in early-stage clinical trials, neurotoxicity is a common side effect of CAR-T therapy that can manifest as confusion, seizures, or difficulty speaking or walking.
- Infections and Blood Cell Counts: Patients undergoing CAR-T therapy may experience infections and low blood cell counts as anticipated side effects.
Conclusion: India’s is moving towards heralding a breakthrough in Cancer Care Therapy. Despite cost challenges, Government efforts are aimed to enhance accessibility and better outputs in Healthcare Sector.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Representation of the People Act, 1951;
Mains level: Election Issues; Judiciary; 244th Report of Law Commission; Accountability
Why in the news?
The Supreme Court held that candidates need not to disclose every piece of Information and Possession in their Election Affidavit unless it is Substantial in Nature.
What are the Legal Provisions?
- Nomination paper with Affidavit: Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an Affidavit in a ‘prescribed format’.
- Association of Democratic Reforms (ADR) Vs Union of India (2002): The Supreme Court held that voters have the right to know about the criminal antecedents, income and asset details of the candidate and his/her dependants and educational qualification of contesting candidates.
- This judgement resulted in Section 33A being added to the RP Act that requires details of criminal antecedents to be part of the election affidavit.
- Punishable Offence: Section 125A of the RP Act further provides that failure to furnish required information, giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both.
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Present Dilemma of Accountability:
- Candidates with Criminal Charges: The significant issue of candidates with serious criminal charges contesting elections raises questions about the integrity and suitability of such candidates for public office.
- According to a report by ADR, 19% of candidates in the 2019 Lok Sabha election faced charges of rape, murder or kidnapping.
- Circumvention of Disclosure Requirements: Some candidates attempted to circumvent disclosure requirements by leaving certain columns blank and filing incomplete affidavits, indicating loopholes in the electoral process.
Recommendations by Election Commission and Law Commission in its 244th report:
- A conviction for filing a false affidavit should attract a punishment of a minimum of 2 years imprisonment and be a ground for disqualification.
- The Trials in such cases must be conducted on a day-to-day basis.
- Persons charged by a competent court with offences punishable by imprisonment of at least 5 years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.
Supreme Court’s Judgement to resolve this issues:
- In Public Interest Foundation Vs Union of India (2018) directed candidates as well as political parties to issue a declaration about criminal antecedents, at least three times before the election, in a newspaper in the locality and electronic media.
Way Forward:
- Debarring from contesting elections : Debarring chargesheeted candidates from contesting elections is likely to be misused by various ruling parties.
- Increasing Punishment for False Affidavits: Increasing punishment for filing false affidavits and making it a ground for disqualification need to be implemented.
- Strict Implementation of SC order:The Supreme Court’s order to provide wide publicity of criminal records should also be strictly implemented.
Conclusion: Addressing challenges in candidate disclosure, enhancing electoral integrity can be achieved through measures such as imposing stricter penalties for false affidavits, enforcing disclosure laws rigorously, and ensuring widespread dissemination of candidates’ criminal records.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Obiter Dicta Lexicon, Misleading Advertisements
Mains level: NA
Why in the news?
- The Supreme Court ruling refusing to accept Patanjali’s MD’s unconditional apologies underscores the gravity of intentionally misleading advertisements and their repercussions.
- Despite apologies, Patanjali’s breach of its commitment not to disseminate false claims about curing various illnesses led to this decision.
The Concept of Obiter Dicta Lexicon:
- In the context of the criticism directed towards the Hon’ble Supreme Court Bench’s statement in the Patanjali case, the concept of “obiter dicta lexicon” may find relevance.
- “Obiter dicta” is a Latin term that translates to “things said by the way” and refers to statements made by a judge in passing, which are not essential to the decision of the case at hand.
- It refers to the use of language or expressions that are not directly relevant to the legal reasoning or decision-making process in a court judgment or opinion.
SC Bench Statement on Patanjali’s Apology:
- The statement “we will rip you apart” is being criticized for being overly aggressive and potentially inappropriate for a judicial setting.
- Therefore, in this case, the use of language that deviated from the core legal issues at hand and instead conveyed a sense of aggression or hostility could be viewed as part of the “obiter dicta lexicon.”
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Understanding Misleading Advertisements:
- The Consumer Protection Act, 2019 prohibits unfair trade practices, including misleading advertisements, and provides mechanisms for consumers to seek redressal for grievances related to misleading advertising.
Following are the types of Misleading Ads:
- False Claims: Advertisements with untrue statements about a product’s features or benefits.
- Exaggerated Claims: Ads that overstate a product’s benefits beyond reason.
- Omission of Material Information: Ads that hide important details consumers need to know.
- Comparative Advertising: Ads unfairly attacking competitors’ products.
- Endorsements and Testimonials: Ads using fake endorsements or testimonials.
- Health and Safety Claims: Ads with unproven health or safety benefits.
- Bait-and-Switch Tactics: Ads luring with false promises and switching to different offers.
Key Legislation dealing with Misleading Ads:
- Bureau of Indian Standards (Certification) Regulations, 1988
- Food Safety and Standards Act of 2006
- The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA)
- The Drug and Cosmetics Act of 1940
- The Cigarettes and Other Tobacco Products Act of 2003
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Regulatory Authorities dealing with the Issue:
- Advertising Standards Council of India (ASCI): Ensures fairness and compliance with the ASCI Code in Indian commercials.
- Central Consumer Protection Authority (CCPA): Regulates consumer rights violations, unfair trade practices, and misleading marketing detrimental to public interests. It has issued the Guidelines for the Prevention and Endorsement of Misleading Advertisements, 2022.
About the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA):
- The Magic Remedies Act encompasses the definition of “drug”.
- It extends to include articles like talismans, mantras, and charms purportedly possessing miraculous healing powers.
Here are the key provisions of the Act:
- Prohibition of Certain Advertisements: The Act prohibits advertisements that claim to prevent or cure certain diseases or ailments listed in Schedule J of the Act through drugs or remedies. These diseases include conditions like cancer, tuberculosis, diabetes, and epilepsy.
- Prohibition of Misleading Advertisements: The Act prohibits advertisements that are false or misleading in any material particular regarding the nature, substance, quality, or potency of any drug or remedy.
- Cognizance of Offences: No court shall take cognizance of any offence under the Act except on a complaint made by the government or by a person authorized by the government.
- Exemptions: The Act provides exemptions for advertisements of drugs or remedies containing certain substances or preparations listed in Schedule J if the advertisement conforms to the conditions specified in the Schedule.
Violations made by Patanjali Ayurveda
- Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 (DOMA): By disseminating deceptive advertisements, Patanjali breached Section 4 of the DOMA, which prohibits the publication of false drug ads.
- Consumer Protection Act of 2019 (CPA): Patanjali made false claims in their advertisements about curing different illnesses, contravening Section 2(28) of the CPA, which defines “misleading advertisement”.
- Violation of MoU between Ministry of AYUSH and ASCI: Patanjali’s actions breached the memorandum signed between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI), indicating non-compliance with agreed-upon standards for advertising practices.
PYQ:
[2012] With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?
1. Consumers are empowered to take samples for food testing.
2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.
3. In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Principles for Condonation of Delay, Doctrine of Harmonious Construction
Mains level: NA
Why in the news?
The Supreme Court refused to condone a delay of 5659 days in an appeal filing, setting forth eight guiding principles by interpreting Sections 3 and 5 of the Limitation Act, 1963, in ‘Harmonious Construction’.
What is the Doctrine of Harmonious Construction?
- The doctrine of harmonious construction means figuring out how to understand different parts of a law that seem to disagree with each other.
- This doctrine helps maintain consistency and coherence in legal interpretation, ensuring that legislative intent is upheld while resolving apparent conflicts within statutes.
- Origin: The Origin of the Doctrine of Harmonious Construction dates back to the landmark Judgement of Sri Shankari Prasad Singh Deo v. Union of India (1951), when there existed conflict between Fundamental Rights and DPDP.
- In the present context, the SC harmoniously construed Sections 3 and 5 of the Limitation Act, ensuring that the strict interpretation of limitation periods under Section 3 was balanced with the liberal approach to condonation of delay under Section 5.
What is Limitation Act, 1963?
- The Limitation Act, 1963 is a statute enacted by the Parliament that prescribes the time limits within which legal proceedings can be initiated for various civil and criminal matters.
- The Act sets out the specific time periods, known as limitation periods, within which a person must file a lawsuit or take legal action to enforce their rights or claim remedies for a particular cause of action.
- Once the limitation period expires, the right to initiate legal proceedings becomes barred by law, and the aggrieved party loses the right to seek legal redress.
Here are its key features:
- Applicability: The Limitation Act, 1963 applies to civil suits, appeals, and applications filed in courts across India, with exceptions for cases where specific statutes provide for different limitation periods.
- Limitation Periods: The Act sets a limitation period of 3 years for filing suits related to recovery of debts, breach of contract, or injury to a person.
- Commencement of Limitation: The limitation period typically begins from the date when the cause of action arises, which is when the aggrieved party becomes entitled to sue.
- Extension and Suspension: The Act allows for certain circumstances where the limitation period may be extended or suspended. For instance, if the plaintiff is under a disability or if fraud is discovered, the limitation period may be extended.
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Principles for Condonation of Delay
Justices Bela M Trivedi and Pankaj Mithal presided over the bench that delineated these principles.
- Public Policy Basis: Limitation law aims to conclude litigation by forfeiting the remedy rather than the right itself.
- Temporal Limitation: Rights or remedies unexercised for a prolonged duration should cease to exist.
- Strict vs. Liberal Construction: Section 3 (limitation period) requires strict interpretation, while Section 5 (condonation of delay) demands a liberal approach.
- Substantial Justice: While promoting substantial justice, the core of limitation law (Section 3) must not be undermined.
- Discretionary Power: Courts may condone delay if sufficient cause is explained but may refrain due to factors like inordinate delay and negligence.
- Individual Justification: Relief granted to some does not mandate the same for others if delay justification is unsatisfactory.
- Merit Irrelevance: Merits of the case need not influence delay condonation decisions.
- Condonation Parameters: Applications for delay condonation must adhere to statutory provisions; overlooking conditions amounts to disregarding the law.
Why were these guidelines laid out?
- These principles emerged from a case where legal heirs sought to challenge a High Court decision dismissing their plea to condone delay in filing an appeal against a Trial Court’s reference dismissal.
- The litigant’s heirs argued insufficient knowledge about the dismissal due to her stay in the matrimonial house, leading to a delayed filing.
- However, the Supreme Court rejected this argument, citing negligence in pursuing the reference and appeal, lack of procedural diligence, and acceptance of the reference court’s decision by most claimants.
PYQ:
[2021] With reference to Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Green Tribunal (NGT), Pusa-Biodecomposer
Mains level: NA
Why in the news?
The National Green Tribunal (NGT) has directed the Punjab government to devise a comprehensive strategy for managing the estimated 19.52 million tonnes of paddy stubble in the state.
About National Green Tribunal (NGT)
|
Description |
| Establishment |
Formed in 2010 under the National Green Tribunal Act as a statutory body. |
| Objective
|
- To deal with cases related to environmental issues and ensure speedy implementation of decisions.
- Responsible for making many prominent decisions aimed at environmental protection, including addressing air pollution in Delhi and cancelling coal block clearances.
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| Composition |
- Headquartered in Delhi, chaired by a retired Supreme Court judge
- Included Judicial Members and Expert Panel.
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| Powers |
Empowered to decide on questions related to various environmental laws and hear civil cases concerning environmental issues:
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002.
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| Exceptions |
Prohibited to hear any issues which are covered under:
- The Indian Forest Act, 1927,
- The Wildlife (Protection) Act, 1972, and
- Any other laws made by States which are related to protection of trees, forests, etc.
|
| Places |
- Principal bench in Delhi;
- Additional benches in Bhopal, Pune, Kolkata, and Chennai.
|
| Governing Principles |
- Governed by principles of natural justice, not bound by Indian Evidence Act.
- Applies principles of sustainable development, precautionary, and polluter pays.
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| Review and Challenge |
- NGT orders can be reviewed as per Rule 22 of NGT Rules.
- Can be challenged before the Supreme Court within ninety days.
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NGT intervention in Punjab
- The ban and action against people burning crop residue are regulated under the Air (Prevention and Control of Pollution) Act, 1981.
- Punjab is required to provide details on the steps taken to utilize paddy straw in the previous year, including the mode and manner of removal, transportation, and utilization in various units.
- Punjab estimated an increase in paddy straw generation to 52 million tonnes in 2024, with a projected utilization of 18.66 million tonnes.
- Notably, the off-site utilization is expected to see a significant 60% increase, with 5.96 million tonnes being utilized in industrial and energy plants.
Alternatives used for Stubble Burning
- In-Situ Treatment: This involves managing crop residue directly in the field. Examples include using zero-tiller machines and bio-decomposers to break down stubble.
- Ex-Situ Treatment: This method involves treating crop residue outside the field. An example is using rice straw as cattle fodder.
- Turbo Happy Seeder (THS) Technique: This can uproot stubble and sow seeds while clearing the field. The stubble can then be used as mulch.
Pusa-Biodecomposer
- Pusa-Biodecomposer is a fungi-based liquid solution developed by the Indian Council of Agricultural Research (ICAR).
- It softens hard stubble, making it easy to mix with soil as compost.
- It produces enzymes to digest cellulose, lignin, and pectin in paddy straw, rapidly converting crop residues and other waste into organic manure.
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PYQ:
[2019] Consider the following:
1. Carbon monoxide
2. Methane
3. Ozone
4. Sulphur dioxide
Which of the above are released into atmosphere due to the burning of crop/biomass residue?
(a) 1 and 2 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bactolime, Bactogypsum, and Trichogypsum; Soil Microbes
Mains level: NA
Why in the news?
The Indian Institute of Spices Research (IISR), located in Kozhikode, has introduced and validated three new microbial formulations (Bactolime, Bactogypsum, and Trichogypsum) aimed at improving agricultural productivity.
IISR Microbial Formulations
- It leverages granular lime and gypsum to address soil pH issues while simultaneously delivering beneficial microorganisms.
- These are developed using IISR’s proprietary patent-applied technology.
- The formulations are:
- Bactolime:
- Bactolime, the flagship product, combines beneficial bacteria, specifically plant growth-promoting Rhizobacteria, with liming material in a single formulation.
- This integration ensures not only the correction of soil acidity but also the provision of essential nutrients to plants.
- Bactogypsum and Trichogypsum:
- The other two formulations, Bactogypsum and Trichogypsum, utilize gypsum as a base material to buffer soil pH to a near-neutral level.
- By creating an optimal environment for beneficial microbes, these formulations improve soil structure, enhance the availability of secondary nutrients, and boost overall microbial activity.
Back2Basics: Soil Microbes
Soil microbes refer to microorganisms that inhabit the soil environment and play vital roles in soil health, nutrient cycling, and plant growth. These microorganisms are diverse and include bacteria, fungi, archaea, protozoa, and algae.
|
Function |
Benefits |
| Nitrogen-Fixing Bacteria |
Convert atmospheric nitrogen into ammonia, making it available to plants |
Enhance soil fertility, improve plant growth and yield |
| Phosphate-Solubilizing Bacteria |
Solubilize insoluble phosphorus, making it available to plants |
Increase phosphorus availability, promote root development and flowering |
| Mycorrhizal Fungi |
Form symbiotic relationships with plant roots, facilitate nutrient uptake |
Improve soil structure, enhance nutrient absorption, increase plant resilience |
| Plant Growth-Promoting Rhizobacteria (PGPR) |
Stimulate plant growth, enhance nutrient uptake, suppress pathogens |
Promote root development, improve nutrient efficiency, increase stress tolerance |
| Actinomycetes |
Decompose organic matter, produce antibiotics |
Enhance soil fertility, control soil-borne diseases and pests |
| Azotobacter |
Fix atmospheric nitrogen, produce growth-promoting substances |
Increase nitrogen availability, stimulate root growth and nutrient uptake |
| Azospirillum |
Fix atmospheric nitrogen, produce phytohormones |
Enhance nitrogen availability, promote root growth and stress tolerance |
| Bacillus spp. |
Produce antimicrobial compounds, enzymes |
Control plant diseases and pests, improve soil health and fertility |
PYQ:
[2016] Why does the Government of India promote the use of ‘Neem-coated Urea’ in agriculture?
(a) Release of Neem oil in the soil increases nitrogen fixation by the soil microorganisms
(b) Neem coating slows down the rate of dissolution of urea in the soil
(c) Nitrous oxide, which is a greenhouse gas, is not at all released into atmosphere by crop fields
(d) It is a combination of a weedicide and a fertilizer for particular crops |
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