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  • Indian Ocean Power Competition

    India-Oman Relations

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    India is laying out the red carpet for Oman’s top defence official Mohammed Nasser Al Zaabi, who will be in India for a four-day official visit.

    India-Oman Relations: A Backgrounder

    • The Sultanate of Oman is a strategic partner of India in the Gulf.
    • Both nations are linked by geography, history and culture and enjoy warm and cordial relations.
    • An Indian consulate was opened in Muscat in February 1955 which was upgraded to a consulate general in 1960 and later into a full-fledged embassy in 1971.
    • The first ambassador of India arrived in Muscat in 1973.

    History of the ties

    • Oman, for many years, was ruled by Sultan Qaboos bin Said al Said, who was a friend of India.
    • Sultan Qaboos, the longest-reigning leader of the modern Arab world, died in January ‘2020 at the age of 79.
    • He was a man who was, as a student, taught by Shankar Dayal Sharma who went on to become the President of India.
    • Sultan Qaboos’s father, an alumnus of Ajmer’s Mayo College, sent his son to study in Pune for some time, where he was former President Shankar Dayal Sharma’s student.

    Economic ties

    • Expatriate community: Oman has over five hundred thousand Indian nationals living there making them the largest expatriate community in Oman. They annually remit $780 million to India.
    • Bilateral trade: In 2010, bilateral trade between India and Oman stood at $4.5 billion. India was Oman’s second-largest destination for its non-oil exports and its fourth-largest source for Indian imports.
    • Energy: India has been considering the construction of a 1,100-km-long underwater natural gas pipeline from Oman called the South Asia Gas Enterprise (SAGE).

    Defense cooperation

    Oman is the first Gulf nation to have formalized defense relations with India.

    • Naval cooperation: The Indian Navy has berthing rights in Oman, and has been utilizing Oman’s ports as bases for conducting anti-piracy operations in the Gulf of Aden.
    • Tri-services base: In February 2018, India announced that it had secured access to the facilities at Duqm for the Indian Air Force and the Indian Navy. Duqm had previously served as a port for the INS Mumbai.
    • Arms trade: The standard issue rifle of the Royal Army of Oman is India’s INSAS rifle.
    • Bilateral exercises: Naseem al-Bahr (Arabic for Sea Breeze) is a bilateral maritime exercise between India and Oman. The exercise was first held in 1993.

    Significance of Oman for India

    • Oman is India’s closest defense partner in the Gulf region and an important anchor for India’s defense and strategic interests.
    • It is the only country in the Gulf region with which all three services of the Indian armed forces conduct regular bilateral exercises and staff talks, enabling close cooperation and trust at the professional level.
    • It also provides critical operational support to Indian naval deployments in the Arabian sea for anti-piracy missions.

    Duqm port and its strategic imperative

    • In a strategic move to expand its footprint in the Indian Ocean region, India has secured access to the key Port of Duqm in Oman for military use and logistical support.
    • This is part of India’s maritime strategy to counter Chinese influence and activities in the region.
    • The Port of Duqm is strategically located, in close proximity to the Chabahar port in Iran.
    • With the Assumption Island being developed in Seychelles and Agalega in Mauritius, Duqm fits into India’s proactive maritime security roadmap.
    • In recent years, India had deployed an attack submarine to this port in the western Arabian Sea.

    Deterrent in ties: Chinese influence in Oman

    • China started cultivating ties with the Arab countries following the former Soviet Union’s invasion of Afghanistan.
    • Beijing has cultivated close ties with Oman and the latter was, in fact, the first country to deliver oil to China.
    • As of today, 92.99 per cent of Oman’s oil exports go to China, making China Oman’s largest oil importer.
    • Oman and China signed an agreement to establish an Oman-China Industrial Park at Duqm in 2016.
    • China has identified Oman as a key country in the region and has been enhancing defence ties with it steadily.

    Way forward

    • India does not have enough energy resources to serve its current or future energy requirements. The rapidly growing energy demand has contributed to the need for long term energy partnerships with countries like Oman.
    • Oman’s Duqm Port is situated in the middle of international shipping lanes connecting East with West Asia.
    • India needs to engage with Oman and take initiatives to utilise opportunities arising out of the Duqm Port industrial city.

     

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  • Cyber Security – CERTs, Policy, etc

    What is Pegasus Spyware Controversy?

    | Security Issues | Mains Paper 3: Cyber Security

    A New York Times report has claimed that the Indian government had bought the Pegasus Spyware in 2017.

    What is Pegasus?

    • Pegasus is a spyware developed by NSO Group, an Israeli surveillance firm that helps spies hack into phones.
    • In 2019, when WhatsApp sued the firm in a U.S. court, the matter came to light.
    • In July 2021, Amnesty International, along with 13 media outlets across the globe released a report on how the spyware was used to snoop hundreds of individuals, including Indians.
    • While the NSO claims its spyware is sold only to governments, none of the nations have come forward to accept the claims.

    Why is Pegasus so lethal?

    • What makes Pegasus really dangerous is that it spares no aspect of a person’s identity.
    • It makes older techniques of spying seem relatively harmless.
    • It can intercept every call and SMS, read every email and monitor each messaging app.
    • Pegasus can also control the phone’s camera and microphone and has access to the device’s location data.
    • The app advertises that it can carry out “file retrieval”, which means it could access any document that a target might have stored on their phone.

    Dysfunctions created by Pegasus

    • Privacy breach: The very existence of a surveillance system, whether under a provision of law or without it, impacts the right to privacy under Article 21 and the exercise of free speech under Article 19.
    • Curbing Dissent: It reflects a disturbing trend with regard to the use of hacking software against dissidents and adversaries. In 2019 also, Pegasus software was used to hack into HR & Dalit activists.
    • Individual safety: In the absence of privacy, the safety of journalists, especially those whose work criticizes the government, and the personal safety of their sources is jeopardised.
    • Self-Censorship: Consistent fear over espionage may grapple individuals. This may impact their ability to express, receive and discuss such ideas.
    • State-sponsored mass surveillance: The spyware coupled with AI can manipulate digital content in users’ smartphones. This in turn can polarize their opinion by the distant controllers.
    • National security: The potential misuse or proliferation has the same, if not more, ramifications as advanced nuclear technology falling into the wrong hands.

    Snooping in India:  A Legality check

    For Pegasus-like spyware to be used lawfully, the government would have to invoke both the IT Act and the Telegraph Act. Communication surveillance in India takes place primarily under two laws:

    1. Telegraph Act, 1885: It deals with interception of calls.
    2. Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.

    Cyber security safeguards in India

    • National Cyber Security Policy: The policy was developed in 2013 to build secure and resilient cyberspace for India’s citizens and businesses.
    • Indian Computer Emergency Response Team (CERT-In): The CERT-In is responsible for incident responses including analysis, forecasts, and alerts on cybersecurity issues and breaches.
    • Indian Cyber Crime Coordination Centre (I4C): The Central Government has rolled out a scheme for the establishment of the I4C to handle issues related to cybercrime in the country in a comprehensive and coordinated manner.
    • Budapest Convention: There also exists Budapest Convention on Cybercrime. However, India is not a signatory to this convention.

    Issues over government involvement

    • It is worth asking why the government would need to hack phones and install spyware when existing laws already offer impunity for surveillance.
    • In the absence of parliamentary or judicial oversight, electronic surveillance gives the executive the power to influence both the subject of surveillance and all classes of individuals, resulting in a chilling effect on free speech.

    Way forward

    • The security of a device becomes one of the fundamental bedrock of maintaining user trust as society becomes more and more digitized.
    • Constituting an independent high-level inquiry with credible members and experts that can restore confidence and conduct its proceedings transparently.
    • The need for judicial oversight over surveillance systems in general, and judicial investigation into the Pegasus hacking, in particular, is very essential.

    Conclusion

    • We must recognize that national security starts with securing the smartphones of every single Indian by embracing technologies such as encryption rather than deploying spyware.
    • This is a core part of our fundamental right to privacy.
    • This intrusion by spyware is not merely an infringement of the rights of the citizens of the country but also a worrying development for India’s national security apparatus.

     

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  • Monetary Policy Committee Notifications

    What is Reverse Repo Normalization?

    | Economics | Mains Paper 3: Indian Economy

    In a recent report, the State Bank of India, which is the largest public sector bank in the country, has stated that the stage is set for a reverse repo normalization.

    What is Monetary Policy Normalisation?

    The RBI keeps tweaking the total amount of money in the economy to ensure smooth functioning by two types of policies:

    (I) Loose Monetary Policy

    When the RBI wants to boost economic activity it adopts a so-called “loose monetary policy”.

    There are two parts to such a policy:

    1. RBI injects more money (liquidity) into the economy: It does so by buying government bonds from the market. As the RBI buys these bonds, it pays back money to the bondholders, thus injecting more money into the economy.
    2. RBI also lowers the interest rate: it charges banks when it lends money to them; this rate is called the repo rate. Lower interest rates and more liquidity, together, are expected to boost both consumption and production in the economy.

    (II) Tight Monetary Policy

    • It involves the RBI raising interest rates and sucking liquidity out of the economy by selling bonds (and taking money out of the system).
    • When any central bank finds that a loose monetary policy has started becoming counterproductive in reducing inflation, the central bank “normalizes the policy” by tightening the monetary policy stance.

    What is Reverse Repo?

    • An interest rate that the RBI pays to the commercial banks when they park their excess “liquidity” (money) with the RBI.
    • The reverse repo, thus, is the exact opposite of the repo rate.
    • Under normal a circumstance, that is when the economy is growing at a healthy pace, the repo rate becomes the benchmark interest rate in the economy.
    • That’s because it is the lowest rate of interest at which funds can be borrowed.
    • As such, the repo rate forms the floor interest rate for all other interest rates in the economy — be it the rate you pay for a car loan or a home loan or the interest you earn on your fixed deposit, etc.

    How does Reverse Repo fit into policy normalization?

    • Imagine a scenario where the RBI pumps more and more liquidity into the market but there are no takers of fresh loans.
    • This is because the banks are unwilling to lend or because there is no genuine demand for new loans in the economy.
    • In such a scenario, the action shifts from repo rate to reverse repo rate because banks are no longer interested in borrowing money from the RBI.
    • Rather they are more interested in parking their excess liquidity with the RBI. And that is how the reverse repo becomes the actual benchmark interest rate in the economy.

    What does reverse repo normalization mean?

    • Simply put, it means the reverse repo rates will go up.
    • Over the past few months, in the face of rising inflation, several central banks across the world have either increased interest rates or signaled that they would do so soon.
    • In India, too, it is expected that the RBI will raise the repo rate.
    • But before that, it is expected that the RBI will raise the reverse repo rate and reduce the gap between the two rates.
    • In the immediate aftermath of Covid, RBI had increased this gap.

    Implications of such policy

    • Incentivize commercial banks to park excess funds with RBI, thus sucking some liquidity out of the system.
    • The next step would be raising the repo rate.
    • This process of normalization, which is aimed at curbing inflation, will not only reduce excess liquidity but also result in higher interest rates across the board in the Indian economy.
    • This will help reduce the demand for money among consumers (since it would make more sense to just keep the money in the bank) and make it costlier for businesses to borrow fresh loans.

    Try this PYQ from CSP 2020:

    Q.If the RBI decides to adopt an expansionist monetary policy, which of the following it would NOT do?

    1. Cut and optimize the statutory liquidity ratio
    2. Increase the Marginal Standing Facility Rate
    3. Cut the Bank Rate and Repo Rate

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 2 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    Post your answers here:

     

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  • New Species of Plants and Animals Discovered

    Species in news: Septemeranthus

    Species | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    A new genus of a parasitic flowering plant has recently been discovered from the Nicobar group of islands.

    Septemeranthus

    • The genus Septemeranthus grows on the plant species Horsfieldia glabra (Blume) Warb.
    • The parasitic flowering plants have a modified root structure spread on the stem of the tree and are anchored inside the bark of the host tree.
    • It has a distinct vegetative morphology, inflorescence architecture and floral characters.
    • The leaves of the plant are heart-shaped with a very long tip and the ovary,fruit and seeds are ‘urceolate’ (earthen pot-shaped).
    • Birds consume viscous seeds of this new genus and seeds have potential of pseudo viviparous germination that deposit on the leaves and branches of their same plant which is already attached to host plants.

    Key features

    • They need a host tree or shrub in order to thrive and exhibit a worldwide distribution in tropical as well as temperate habitats.
    • They are important in forest ecology, pathology and medicine.
    • They play an important role as they provide food for frugivorous birds.

    Try this PYQ from CSP 2019:

    Q.Recently, there was a growing awareness in our country about the importance of Himalayan nettle (Girardinia diversifolia) because it is found to be a sustainable source of

    (a) anti-malarial drug

    (b) bio-diesel

    (c) pulp for paper industry

    (d) textile fibre

     

     

    Post your answers here.

     

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  • Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

    Anganwadis should provide early childhood care and education

    | Governance | Mains Paper 2: Government Scheme/Policies,Health & Education

    Context

    The National Education Policy, 2020 has rightly highlighted the importance of early childhood care and education (ECCE), vital for the young child’s early cognitive, social, and emotional development.

    Need for focus on early childhood care and education (ECCE)

    • The National Family Health Survey-5 (NFHS-5) finds only 13.6 per cent of children enrolled in pre-primary schools.
    • With its overriding focus on health and nutrition, ECCE has hitherto been the weakest link of the anganwadi system.
    • Multiple administrative duties have left anganwadi workers with little time for ECCE.
    • A child’s early learning begins at birth, initially through stimulation, play, interactions, non-verbal and verbal communication.
    • Unfortunately, due to a lack of parental awareness compounded by the daily stresses of poverty, disadvantaged households are unable to provide an early learning environment.
    • The existing system at best serves the age group of 3-6 years, ignoring infants and toddlers.

    Way forward

    1] A meaningful ECCE programme in anganwadis

    • A meaningful ECCE programme in anganwadis is not only a more intelligent and cost-effective strategy but is also feasible to implement through seven concerted actions.
    • 1)Activity-based framework which reflect local context: To design and put in place a meaningful activity-based ECCE framework that recognises the ground realities with autonomy to reflect the local context and setting.
    • 2) Remove non-ICDS work: Routine tasks of anganwadi workers can be reduced and non-ICDS work, such as surveys, removed altogether.
    • 3)Extend Anganwadi time: Anganwadi hours can be extended by at least three hours by providing staff with an increase in their present remuneration, with the additional time devoted for ECCE.
    • Karnataka has already taken the lead; its anganwadis work from 9.30 am to 4 pm.
    • This will have the added benefit of serving as partial daycare, enabling poor mothers to earn a livelihood.
    • 4) Change in policy mindset: ICDS needs a change in policy mindset, both at central and state levels, by prioritising and monitoring ECCE.
    • 5) Engagement with parents: Anganwadi workers must be re-oriented to closely engage with parents, as they play a crucial role in the cognitive development of young children.
    • Responsive parenting requires both parents to play an active role in ECCE activities at home; therefore, anganwadi workers should be asked to consciously engage with fathers too.
    • Appropriate messaging and low-cost affordable teaching materials can be designed and made accessible to parents.
    • 6) Activity-based play material: ICDS must supply age-appropriate activity-based play material in adequate quantities regularly, and anganwadi workers encouraged to utilise them in a liberal manner.
    • 7) Invest in research and training: States should invest in research and training to support early childhood education, and ensure that the ECCE programme is not a downward extension of school education.

    2] Pre-primary sections in government primary schools

    • Some educationists have suggested that owing to the high workload of anganwadi workers, ECCE in anganwadis would remain a non-starter.
    • Therefore, all government primary schools should open pre-primary sections, with anganwadis limiting themselves to the 0-3 age group.
    • Challenges: It would require a massive outlay to build over a million classrooms with a million nursery teachers and helpers — even a conservative estimate would put the additional annual outlay at over Rs 30,000 crore.
    • Moreover, with child stunting levels at 35 per cent in India, would children enrolled in pre-schools would require supplementary nutrition and health monitoring.
    • This would overburden the nursery teacher.

    Conclusion

    Nearly 1.4 million anganwadis of the Integrated Child Development Services (ICDS) across India must provide ECCE for the millions of young children in low-income households.

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  • Electoral Reforms In India

    Electoral bond scheme

    op-ed snap | Polity | Mains Paper 2: Parliament & State Legislatures,Representation Of People’s Act

    Context

    Ever since its introduction, the electoral bond scheme has envenomed the democratic process, by destroying altogether any notion of transparency in political funding.

    Issue of anonymity in electoral bond

    • The electoral bond scheme is designed to allow an individual, or any “artificial juridical person”, including body corporates, to purchase bonds issued by the State Bank of India during notified periods of time.
    • These instruments are issued in the form of promissory notes, and in denominations ranging from ₹1,000 to ₹1 crore.
    • Once purchased, the buyer can donate the bond to any political party of their choice and the party can then encash it on demand.

    Supreme Court’s opinion

    • The Supreme Court has allowed the scheme to continue unabated and has denied an interim stay on its operation.
    • In one such provisional order, the Court asserted that the bonds were not, in fact, anonymous.
    • According to the Court, since both the purchase and the encashment of bonds are made through banking channels, all it would take for a person to glean the identity of a donor was for her to look through every corporation’s financial statement — these records, the Court said, ought to be available with the Registrar of Companies.
    • What the order ignored was that there is no attendant obligation on political parties to provide details to the public on each donation received by them through electoral bonds.
    • Companies are also under no obligation to disclose the name of the party to whom they made the donation.

    Violation of voter’s right

    •  The Supreme Court has consistently held that voters have a right to freely express themselves during an election and that they are entitled to all pieces of information that give purpose and vigour to this right.
    • Surely, to participate in the electoral process in a meaningful manner and to choose one’s votes carefully, a citizen must know the identity of those backing the candidates.

    Electoral bond does not eliminate the role of black money in funding elections

    • As affidavits filed by the Election Commission of India in the Supreme Court have demonstrated, the scheme, if anything, augments the potential role of black money in elections.
    • It does so by, among other things, removing existing barriers against shell entities and dying concerns from donating to political parties.
    • Moreover, even if the bonds were meant to eliminate the presence of unaccounted currency, it is difficult to see what nexus the decision to provide complete anonymity of the donor bears to this objective.
    • It is for this reason that the Reserve Bank of India reportedly advised the Government against the scheme’s introduction.

    Conclusion

    The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality. This is because in allowing anonymity it befouls the basis of our democracy and prevents our elections from being truly free and fair.

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  • Government Budgets

    How budget can generate higher growth, jobs

    op-ed snap | Economics | Mains Paper 3: Government Budgeting

    Context

    Although the impact of Omicron is less on the economy, the loss of GDP in the last two years is high. Also note that the pre-Covid year FY20 had a low base with 4 per cent growth of GDP. Therefore, the need to focus on higher growth in the forthcoming budget and in the medium term, that is, beyond India@75, is obvious.

    Challenges in creating quantity and quality of jobs in the economy

    • Unemployment rate is high in both rural and urban areas;
    • Decline in work participation rates, particularly for women;
    • Recovery in employment is still below the levels of the pre-Covid period.
    • 85 per cent of the workforce is still in informal sector.
    • Lack of skill: Less than 5 per cent of India’s workforce has formal skill training.
    • Need for structural change: Manufacturing and services need structural change.
    • Focus on MSME sector is needed for higher employment.

    Policies needed to achieve higher economic growth and jobs

    1] Capital expenditure and infrastructure

    • The government outlined an infrastructure project pipeline worth more than Rs 102 lakh crore and asset monetisation pipeline of Rs 6 lakh crore to be implemented in the medium term.
    • Continuing focus on infrastructure and capex by the government is important as it is a key driver for the “future of India”.

    2] Focus on export growth

    • It is well known that rise in exports is one of the main engines of growth and also important for employment creation.
    • Export growth in India has increased and is expected to reach $400 billion by the end of FY22.
    • One worrying aspect of India’s export performance is the failure in expanding the share of labour intensive products in the export basket.
    • Protectionist trade policy: However, one problem in recent years is that India’s trade policy has become more protectionist by increasing import tariffs.
    • Join RCEP: India should also join the Regional Comprehensive Economic Partnership (RCEP) for integrating our industries with the value chains in Asia.

    3] Manufacturing and service sector growth

    • The share of manufacturing in GDP and employment has hardly increased over time.
    • Production Linked Incentive (PLI) schemes can improve performance.
    • However, more efforts are required to improve the manufacturing sector.
    •  Similarly, there are a lot of opportunities for India in the service sector.
    • Brand and customer centricity are important here.
    • India can also think of more business in the service sector.
    • Growing startups including unicorns in manufacturing and services is part of this effort.

    4] Banking reforms

    • Banking reforms are important as bank credit growth is a key indicator of economic growth.
    • Low credit-to-gdp ration in India: Credit to GDP ratio in India is only around 55 per cent compared to 100 per cent and 150 per cent in many other countries.
    • Credit should flow to all categories of economic agents like firms, households etc.
    •  The bad bank, a key initiative of the last budget, is yet to take shape.
    • The role of fintech companies in the financial sector has increased significantly.
    • They may not be able to replace banks although they are competing on payments.
    • The banks also have to focus now on ESG (environment, social and governance) while giving credit.
    • Big technology and digital push is also needed for banks.

    5] Deal with K-shaped recovery

    • The K-shaped recovery of the economy is still continuing.
    • The policies have to focus on giving a push to the MSME sector, increasing investment in agriculture and rural infrastructure, a social sector push including bridging divides in health and education, social protection measures like foodgrain distribution, cash transfers, MGNREGA in rural areas, urban employment guarantee schemes etc.
    • This will also create demand for the economy.

    Conclusion

    In the near term, fiscal policy has to play an important role in achieving the objectives of growth and jobs by expanding fiscal space while the fiscal deficit can be stabilised in the medium term. Increase in private investment may take some more time.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Supreme Court revokes Suspension of Maharashtra MLAs

    | Polity | Mains Paper 2: Parliament & State Legislatures

    The Supreme Court has set aside the one-year suspension of 12 MLAs from the Maharashtra Legislative Assembly.

    What was the case?

    • A petition was filed against the suspension.
    • It stated the move as “grossly arbitrary and disproportionate”.
    • The challenge relied mainly on grounds of denial of the principles of natural justice, and of violation of laid-down procedure.

    What did the judgment observe?

    • The apex court observed the decision to suspend them for a year was ‘unconstitutional, substantively illegal and irrational’.

    What did the court say about members being suspended beyond an ongoing session?

    (A) Arbitrary Action

    • The court agreed with the MLAs’ contention that the suspension has to follow the procedure laid down in Rule 53.
    • It said that the suspension of a member must be preferred as a short term or a temporary, disciplinary measure for restoring order in the Assembly.
    • Anything in excess of that would be irrational suspension, the court said.
    • It said that Rule 53 only provides for the withdrawal of a member for the remainder of the day or in case of repeat misconduct in the same session, for the remainder of the session.

    (B) Defining ‘disorderly behaviour’

    • The court said that as per this rule, withdrawal of a member can only be done in case of the member’s conduct being “grossly disorderly”.
    • It relied on definitions of the two words and said that the conduct has to be considered in a graded objective manner.
    • It is not a punishment like expulsion but more a direction to ensure that the business of the House can be carried on smoothly, without any disruption.

    (C) Violative of Fundamental Rights

    • The MLAs were not given an opportunity to present their case and that the suspension violated their fundamental right to equality before the law under Article 14 of the Constitution.
    • They also submitted that they were not given access to video of the proceedings of the House, and it was not clear how they had been identified in the large crowd that had gathered in the chamber.

    (D) Against constitutional ethos

    • It termed the one-year suspension worse than expulsion or disqualification or resignation as far as the rights of the constituency to be represented in the House are concerned.
    • It would also impact the democratic setup.

    (E) Immunity of the state legislature

    • It also considered whether the legislature had complete immunity from judicial review in matters of irregularity of procedure.
    • It ruled that procedures are open to judicial review on the touchstone of being unconstitutional, grossly illegal, irrational or arbitrary.

    Legal basis of the Judgment

    Ans. The bench referred to Article 190 (4) of the Constitution

    • It says- if for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.
    • Under Section 151 (A) of The Representation of the People Act, 1951, “a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy”.
    • This means that barring exceptions specified under this section, no constituency can remain without a representative for more than six months.

    What was the Assembly’s response to the judicial enquiry?

    • It argued that the House had acted within its legislative competence.
    • Under Article 212, courts do not have jurisdiction to inquire into the proceedings of the legislature.
    • Article 212 (1) states that “the validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”.
    • It also said that a seat does not automatically become vacant if the member does not attend the House for 60 days but it becomes vacant only if declared so by the House.
    • It was submitted that the House is not obligated to declare such a seat vacant.

    Why was this suspension controversial?

    • manipulation: A thin majority coalition government could use such suspensions to manipulate the number of Opposition party members.
    • Avoiding legislative scrutiny: With prominent members suspended, opposition will not be able to effectively participate in discussions/debates in the House fearing suspension of its members for a longer period.
    • Enmity among legislators: The court pointed out that Parliament and Assemblies were becoming more and more an intransigent place.

    Way forward

    • A nation aspiring to be a “world leader” should debate on the welfare of its citizens rather than make Parliament/State Assemblies a stage to exchange jeers and launch personal attacks.
    • The members must maintain statesmanship and not brinkmanship in the House, said the apex court.
    • For becoming world leaders and self-dependent/reliant, quality of debates in the House ought to be of the highest order.

    Conclusion

    • Parliament or the State legislatures are no places to create a ruckus.
    • It is a place where policies and laws are propounded for governing the citizenry.
    • Aggression during the debates has no place in the setting of country governed by the Rule of Law.
    • Even a complex issue needs to be resolved in a congenial atmosphere by observing collegiality and showing full respect and deference towards each other.

     

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    States must decide on SC/ST quota in promotions: Supreme Court

    SC Judgements | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    The Supreme Court has refused to lay down the criteria for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste and Scheduled Tribe candidates in government jobs.

    What did the court held?

    • The court stuck firm by the decisions of its Constitution Benches in the Jarnail Singh and M. Nagaraj case that the question of adequate representation of SC/ST communities ought to be left to the respective States to determine.
    • It held ‘cadre’, and not class or group or the entire service, as the unit for the purpose of collection of quantifiable data for giving promotion quotas.

    Why such decision?

    • Determination of inadequate representation depends upon myriad factors of states which this Court cannot envisage.
    • Laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State governments.

    Quota in Promotions: A timeline

    What was the case?

    • The Union government has been pressing for reservation in promotion proportionate to the population of SCs and STs as per a 1995 judgment by the top court in the RK Sabharwal case.
    • It wants it to be left open to the Centre and states to decide on promotional avenues for SCs and STs.
    • It claims that the condition regarding the collection of quantifiable data to show the inadequacy of representation of SCs/STs is “vague”.
    • Advocates representing the general category have contended that the reservation cannot be for an indefinite period and that it must stop as soon as the upper ceiling has been reached.
    • Further, they have emphasized that reservation in promotion should be cadre-based only after quantifiable data is collected and the creamy layer has been excluded.

    Defying the need for quantifiable data

    • Attorney General sought to convince the court that the roster system, based on the proportionate population of SCs/STs, has been working quite well in all government departments.
    • The condition of collecting quantifiable data on inadequacy of representation of SCs/STs may not be required at all.
    • He urged that there is no need to verify any further or collect quantifiable data after the roster system.

    What is the Nagraj Case?

    • Article 16(4A) of Indian Constitution allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
    • In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state to collect quantifiable data showing inadequacy of representation in public employment.
    • This was to be done in addition to maintaining overall administrative efficiency.

    Related amendments

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

    Why such demand for quotas in promotion?

    • The Attorney General has said that it is tough for a member of the SC/ST to reach the ‘Group A’ category jobs.
    • The time has come for the apex court to firm up and draw the basis for reservation in promotions for SC/ST candidates to fill up vacancies in top jobs.
    • The Bench referred to records filed before it to note that there was low representation of SC/ST category in Group A jobs.
    • Instead of improving the situation in the Group A ranks, the court said, efforts are on to ensure adequate representation in Groups B and C.
    • This was not fair, it remarked.

     

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  • Air Pollution

    What is Pollution-Under-Control (PUC) Certificate?

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Delhi govt will soon make PUC certificate mandatory for fuel at filling stations.

    What is PUC Certificate?

    • The PUC certificate is a document that any person driving a motor vehicle can be asked to produce by a police officer in uniform authorized by the state government.
    • These issue certificates if a vehicle is found complying with the prescribed emission norms.
    • Since the Motor Vehicles (Amendment) Act, 2019 came into force, PUC certificate has been made mandatory.
    • A PUC certificate contains information such as the vehicle’s license plate number, PUC test reading, date on which the PUC test was conducted and the expiry date.

    How is a pollution control check carried out?

    • The computerized model for pollution check was developed by the Society of Indian Automobile manufacturers.
    • A gas analyzer is connected to a computer, to which a camera and a printer are attached.
    • The gas analyzer records the emission value and sends it to the computer directly, while the camera captures the license plate of the vehicle.
    • Subsequently, a certificate may be issued if the emission values are within the limits.

    Fines for non-compliance

    • The test costs between Rs 60 and Rs 100.
    • The validity of the test is one year for BS IV vehicles and three months for others.
    • The fine for PUC violations has now gone up to Rs 10,000; it used to be Rs 1,000 for the first offence and Rs 2,000 for subsequent violations before the amendments came into force.

     

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