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  • FDI in Indian economy

    The Bilateral Investment Treaties (BITs) to review

    op-ed snap | Economics | Mains Paper 3: Indian Economy

    Context

    The report of the Standing Committee on External Affairs on ‘India and bilateral investment treaties (BITs)’ was presented to Parliament last month.

    Factor’s that necessitated the review of India’s BITs

    • Investor’s started suing India frequently: Since 2011, when India lost its first investment treaty claim in White Industries v. India, foreign investors have sued India around 20 times for alleged BIT breaches.
    • This made India the 10th most frequent respondent-state globally in terms of investor-state dispute settlement (ISDS) claims from 1987 to 2019 (UNCTAD).
    • Adoption of new Model BIT: India adopted a new Model BIT in 2016, which marked a significant departure from its previous treaty practice.
    • Negotiating new BITs: India is in the process of negotiating new investment deals (separately or as part of free trade agreements) with important countries such as Australia and the U.K.

    Recommendations of the Committee

    • 1] Speed of the existing negotiations: India has signed very few investment treaties after the adoption of the Model BIT.
    • It recommends that India expedite the existing negotiations and conclude the agreements at the earliest because a delay might adversely impact foreign investment.
    •  2] Sign more BIT’s in core sector: The committee recommends that India should sign more BITs in core or priority sectors to attract FDI.
    • Generally, BITs are not signed for specific sectors.
    •  It will require an overhauling of India’s extant treaty practice that focuses on safeguarding certain kinds of regulatory measures from ISDS claims rather than limiting BITs to specific sectors.
    • 3] Fine-tune Model BIT: Model BIT gives precedence to the state’s regulatory interests over the rights of foreign investors.
    • The Model BIT should be recalibrated keeping two factors in mind:
    • a) tightening the language of the existing provisions to circumscribe the discretion of ISDS arbitral tribunals.
    • b) striking a balance between the goals of investment protection and the state’s right to adopt bonafide regulatory measures for public welfare.
    • 4] Improve the capacity of government officials: The committee recommends bolstering the capacity of government officials in the area of investment treaty arbitration.
    •  While the government has taken some steps in this direction through a few training workshops, more needs to be done.
    • What is needed is an institutionalised mechanism for capacity-building through the involvement of public and private universities.
    • The government should also consider establishing chairs in universities to foster research and teaching activities in international investment law.

    Need to improve poor governance

    • A very large proportion of ISDS claims against India is due to poor governance.
    • This includes changing laws retroactively which led to Vodafone and Cairn suing India.
    • Annulling agreement in the wake of imagined scam which resulted in taking away S-band satellite spectrum from Devas.
    • The judiciary’s fragility in getting its act together (sitting on the White Industries case for enforcement of its commercial award for years).

    Suggestions

    • The Committee could have emphasised on greater regulatory coherence, policy stability, and robust governance structures to avoid ISDS claims.
    • The government should promptly assemble an expert team to review the Model BIT.

    Consider the question “India is one of the most frequent respondent-state globally in terms of investor-state dispute settlement (ISDS) claims. In context of this, examine the reasons for such frequent disputes and suggest the way forward.” 

    Conclusion

    The committee’s report on India’s BITs have novel suggestions, but it is lacking in several aspects.

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    Back2Basics: ISDS mechanism

    • Investor-state dispute settlement (ISDS) is a mechanism in a free trade agreement (FTA) or investment treaty that provides foreign investors, with the right to access an international tribunal to resolve investment disputes.
    •  ISDS promotes investor confidence and can protect against sovereign or political risk.
    • If a country does not uphold its investment obligations, an investor can have their claim determined by an independent arbitral tribunal, usually comprising three arbitrators.

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  • Foreign Policy Watch- India-Central Asia

    New prominence of the Central Asian region

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

    Context

    When Prime Minister Narendra Modi hosts the five Central Asia leaders at the Republic Day Parade on January 26, it will send a strong signal — of the new prominence of the Central Asian region in India’s security calculations.

    Why India needs effective continental policy

    • Factors intensifying geopolitical competition: China’s assertive rise, withdrawal of forces of the United States/North Atlantic Treaty Organization (NATO) from Afghanistan, the rise of Islamic fundamentalist forces, the changing dynamics of the historic stabilising role of Russia (most recently in Kazakhstan) and related multilateral mechanisms — the Shanghai Cooperation Organization (SCO), the Collective Security Treaty Organisation, and the Eurasian Economic Union — have all set the stage for a sharpening of the geopolitical competition on the Eurasian landmass.
    • Progress in ties: India’s continental strategy, in which the Central Asian region is an indispensable link, has progressed intermittently over the past two decades — promoting connectivity, incipient defence and security cooperation, enhancing India’s soft power and boosting trade and investment.
    • It is laudable, but as is now apparent, it is insufficient to address the broader geopolitical challenges engulfing the region.
    • To meet this challenge, evolving an effective continental strategy for India will be a complex and long-term exercise.

    Leveraging maritime power

    • India’s maritime vision and ambitions have grown dramatically during the past decade, symbolised by its National Maritime Strategy, the Security and Growth for All in the Region (SAGAR) and major initiatives relating to the Indo-Pacific and the Quad, in which maritime security figures prominently.
    •  It was also a response to the dramatic rise of China as a military power.
    • Importance: Maritime security is important to keeping sea lanes open for trade, commerce and freedom of navigation, resisting Chinese territorial aggrandisement in the South China Sea and elsewhere, and helping littoral states resist Chinese bullying tactics in interstate relations.
    • However, maritime security and associated dimensions of naval power are not sufficient instruments of statecraft as India seeks diplomatic and security constructs to strengthen deterrence against Chinese unilateral actions and the emergence of a unipolar Asia.
    • Bulwarks against Chinese maritime expansionist gains are relatively easier to build and its gains easier to reverse than the long-term strategic gains that China hopes to secure on continental Eurasia.
    • Centrality of Central Asia: Like Association of Southeast Asian Nations (ASEAN) centrality is key to the Indo-Pacific, centrality of the Central Asian states should be key for Eurasia.

    Challenges for India

    1] Connectivity challenge

    • Connectivity means nothing when access is denied through persistent neighbouring state hostility contrary to the canons of international law.
    • India has been subject for over five decades to a land embargo by Pakistan that has few parallels in relations between two states that are technically not at war.
    • Lack of alternative route: Difficulties have arisen in operationalising an alternative route — the International North-South Transport Corridor on account of the U.S.’s hostile attitude towards Iran.
    • With the recent Afghan developments, India’s physical connectivity challenges with Eurasia have only become harder.
    • The marginalisation of India on the Eurasian continent in terms of connectivity must be reversed.

    2] India must be aware of the limitations of the US

    • The ongoing U.S.-Russia confrontation relating to Ukraine, Russian opposition to future NATO expansion and the broader questions of European security including on the issue of new deployment of intermediate-range missiles, following the demise of the Intermediate-Range Nuclear Forces (INF) treaty will have profound consequences for Eurasian security.
    • The U.S. would be severely stretched if it wanted to simultaneously increase its force levels in Europe and the Indo-Pacific.
    • A major conflict — if it erupts in Central Europe, pitting Russia, Ukraine and some European states — will stall any hopes of a substantial U.S. military pivot to the Indo-Pacific. 
    • India should be cognisant of the limitations of geography, obvious gaps between strategic ambition and capacity but also the inherently different standpoints of how major maritime powers view critical questions of continental security.
    • India is unique as no other peer country has the same severity of challenges on both the continental and maritime dimensions.

    Way forward for India

    • India would need to acquire strategic vision and deploy the necessary resources to pursue our continental interests without ignoring our interests in the maritime domain.
    • This will require a more assertive push for our continental rights — namely that of transit and access, working with our partners in Central Asia, with Iran and Russia, and a more proactive engagement with economic and security agendas ranging from the SCO, Eurasian Economic Union (EAEU) and the Collective Security Treaty Organization (CSTO).
    • Striking the right balance between continental and maritime security would be the best guarantor of our long-term security interests.

    Conclusion

    India will need to define its own parameters of continental and maritime security consistent with its own interests. In doing so, at a time of major geopolitical change, maintaining our capacity for independent thought and action will help our diplomacy and statecraft navigate the difficult landscape and the choppy waters that lie ahead.

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  • Foreign Policy Watch: India-China

    The Chinese challenge

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

    Context

    Nearly 20 months after the border crisis began in Ladakh, China has pressed on with aggressive diplomatic and military gestures against India.

    Recent anti- India moves by China

    • Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
    • China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
    • On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory.

    India’s response

    • Delhi has run out of proactive options against Beijing that will force the Chinese leadership to change course on its India policy.
    • The two countries have an increasingly lopsided trade relationship driven by Indian dependency on Chinese manufacturing, a situation further worsened by the Government’s mishandling of the novel coronavirus pandemic.
    • To restore the status quo ante on the LAC as of April 2020, India undertook internal balancing of its military from the Pakistan border to the China border and external rebalancing through a closer partnership with the United States in the Indo-Pacific.
    • Because of the China factor, the U.S. is currently looking away even as India mistreats its minorities and its democracy stands diminished.
    •  India’s difficult diplomatic and military engagement with China is going to leave it more dependent on U.S. support, rendering India more vulnerable to American pressure on ‘shared values’.
    • With a rising China as its neighbour and a more self-centred U.S. – which is uncomfortable with India’s reliable partner, Russia — as its friend, Delhi continues to face difficult choices.

    Conclusion

    Put under the harsh glare, India has been found wanting in its ability to deal with future challenges. The immediate challenge, however, remains China. It cannot be wished away and must be tackled.

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  • Right To Privacy

    The Personal Data Protection Bill conundrum

    | Polity | Mains Paper 2: Government Scheme/Policies

    Context

    The Joint Committee report on the Bill has failed to provide robust draft legislation ensuring the privacy of citizens.

    Background of the Personal Data Protection Bill

    •  The Puttaswamy judgment held that the right to privacy is a fundamental right.
    • The Puttaswamy judgment and the Justice B.N. Srikrishna committee report led to the Personal Data Protection Bill of 2019.
    • The Joint Committee report on the Bill has failed to provide a robust draft legislation ensuring the privacy of citizens.

    Issues with the Joint Committee report on Personal Data Protection Bill

    • Division into Government and private domains: The report has divided the digital world into two domains — government and private.
    • This division is based on the presumption that the question of right to privacy emerges only where operations and activities of private entities are concerned.
    • Exemption to government and government agencies: Clause 12 of the Bill provides exemptions for the government and government agencies and Clause 35 exempts government agencies from the entire Act itself. 
    • Clause 12, which says personal data can be processed without consent for the performance of any function of the state, is an umbrella clause that does not specify which ministries or departments will be covered.
    • The issue with the defining harm: The Bill says, “harm includes any observation or surveillance that is not reasonably expected by the data principal”.
    • This means if you install any software in your computer and the software violates the principle of privacy and data get leaked, the complaint of the data principal will not be legally tenable as the defence will be that ‘once you have installed the software, you should have reasonably expected this level of surveillance’.
    • The government can use these provisions as a means of control and surveillance.
    • The Committee has failed to provide formidable firewalls to protect the privacy of individuals and has also carved out a mechanism for government control over personal data.
    • Against the Supreme Court judgement: The provisions are ultra vires of the judgment on privacy.
    • Inclusion of non-personal data harms the economy:  By including non-personal data within the ambit of the Bill, the Joint Committee has put a huge compliance burden on the economy.
    • This will hit the MSME sector and small businesses harder as technical processes involving data-sharing are very expensive.
    • The government-constituted panel headed by S. Gopalkrishnan also opposed the idea of including non-personal data in the Bill.
    • Mandatory data localisation, it is estimated, will squeeze the economy by 0.7-1.7%.
    • Hamper the smooth cross-border flow of data: This may also invite similar measures by other sovereign countries which will hamper smooth cross-border flow of data.

    Concerns with the Data Protection Authority

    • For compliance with the provisions of the Act, a data protection authority (DPA) has to be appointed.
    • It is doubtful whether a single authority will be able to discharge so many functions in an efficient manner.
    • Concern with appointment: Unlike the Justice Srikrishna committee report which provided for a judicial overlook in the appointments of the DPA, the Bill entrusts the executive with the appointments.
    •  Although the Joint Committee report expanded the committee, the power to appoint the panelists vests with the Central government.
    • Lack of independence: Clause 86 says, “Authority should be bound by the directions of the Central Government under all cases and not just on questions of policy”.
    • This weakens its independence and gives the government excessive control.
    • Violation of federalism: There is internal data flow and the States are key stakeholders in the process.
    • Even if the proposed central authority issues directions to allow processing of data on the grounds of ‘public order’, it is important to note that ‘public order’ is an entry in the State List. 

    Consider the question “What are the issues with the provision in the Personal Data Protection Bill, 2019? Suggest the way forward.” 

    Conclusion

    The report has raised more questions than it has solved. At the time of passage of the Bill, loopholes must be plugged so that India can have a robust data protection law.

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Punishing Online Abusers of Women

    | Indian Society | Mains Paper 1: Role Of Women & Women Organization

    Taking cognizance of multiple complaints that photographs of women had been posted on a mobile app (with a very informal slang name) for fake auctions, the police in Delhi and Mumbai have registered cases.

    What is the controversy?

    • Hundreds of women in India including journalists, social workers, and other prominent personalities found their images and derogatory content about them on a new app.
    • The app was created on hosting platform Github, offered an online “auction” of women (esp from a particular community).
    • This controversy is part of the routine harassment women faced on social media in an increasingly polarized communal environment.

    Online Abuse of Women

    • Online abuse includes a diversity of tactics and malicious behaviors ranging from:
    1. Sharing embarrassing and cruel content about a person to impersonation
    2. Stalking and electronic surveillance
    3. Nonconsensual use of photography
    4. Violent threats and hate speech
    5. Defamation
    6. Flaming- use of vitriolic and hostile messages including threats, insults
    7. Trolling
    • The online harassment of women, sometimes called Cybersexism or cybermisogyny, is specifically gendered abuse targeted at women and girls online.
    • It incorporates sexism, racism and religious prejudice.

    Recent controversy: A critical case of abuse

    • The app is clearly an example of online trolling where the dignity and modesty of a woman is highly downgraded.
    • This has not been the very first time. Earlier, no arrests were ever made showing Police inaction.
    • The authorities were using the Mutual Legal Assistance Treaty (MLAT) to obtain information about the creators of such apps from California-based GitHub.

    Legal provisions against such Crimes

    For making arrests, the police have invoked Sections 153A, 153B, 295A, 354D, 500 and 509 of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act.

    • Section 153A pertains to the offence of promoting enmity between different groups on grounds of religion, etc., and doing acts prejudicial to the maintenance of harmony
    • Section 153B relates to imputations, assertions prejudicial to national-integration
    • Section 295A provides punishment for deliberate and malicious acts intended to outrage religious feelings
    • Section 354D provides that any man who monitors the use by a woman of the internet, email or any other form of electronic communication with malintent, commits the offence of stalking.
    • Section 500 defines the punishment for defamation
    • Section 509 addresses the offence of word, gesture or act intended insulting the modesty of a woman
    • Section 67 of the IT Act lays down the punishment for publishing or transmitting obscene material in electronic form

    Penalty for such crime

    • The first conviction attracts imprisonment up to three years and fine up to ₹5 lakh and the second or subsequent conviction may lead to imprisonment up to five years and fine that may extend to ₹10 lakh.

    What are the other provisions related to cybercrimes?

    • Section 66E of the IT Act prescribes punishment for violation of privacy.
    • Also, sections 354A (sexual harassment and punishment for sexual harassment) and 354C (voyeurism) of the IPC were introduced along with sections 354B and 354D in 2013.
    • These may also be applied in conjunction with the relevant IT Act provisions, based on the nature of the offence.

    What are the responsibilities of intermediaries like social media platforms?

    • As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
    • They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
    • Any contravention attracts punishment as prescribed under the IT Act.

    Additional steps been taken

    • The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • Its provision —“Due diligence by intermediaries and grievance redressal mechanism” —requires them to inform their users not to host, display, upload, modify, publish, transmit, store, update or share any illegal information.
    • They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
    • The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
    • Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.

    Way forward

    • The government can take action beyond passing and enforcing platform regulations.
    • It can promote digital education to recognize and report inappropriate online conduct and to communicate respectfully online.
    • Social media companies have the primary responsibility to prevent the amplification of online abuse and disinformation.

    Conclusion

    • Gender-based harassment is marked by the intent of the harasser to denigrate the target on the basis of sex.
    • But this proliferation of online harassment of women has now incorporated religious polarization.
    • This is very harmful for the existing communal harmony of the nation in the long run.

     

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  • Legislative Council in States: Issues & Way Forward

    Conduct of States Assembly Elections

    | Polity | Mains Paper 2: Parliament & State Legislatures

    The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.

    Why conduct elections even during COVID outbreak?

    • Article 172(1) of the Constitution sets a five-year term for each Assembly.
    • Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.

    States Legislature : A detail background

    • The State Legislative Assembly is a legislative body in the states and union territories of India.
    • In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
    • 5 UTs are governed directly by the Union Government of India and have no legislative body.

    Term of reference

    • Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
    • The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
    • However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
    • A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.

    State Executive

    • State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
    • Executive power of the state is vested in Governor.
    • He/She is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.
    • The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.

    Powers and Functions

    State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.

    (1) Regarding Ordinary Laws

    • Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
    • The State Legislature can formulate laws on the subject of State and Concurrent Lists.
    • However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.

    (2) Financial Powers

    • Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
    • The Legislative Assembly alone has the power to originate money bills.
    • The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.

    Role of Governor

    • The Governor of a state may reserve any Bill for the consideration of the President.
    • No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.

    Try this PYQ:

     

    Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

     

    (a) First Administrative Reforms Commission (1966)

    (b) Rajamannar Committee (1969)

    (c) Sarkaria Commission (1983)

    (d) National Commission to Review the Working of the Constitution (2000)

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  • North-East India – Security and Developmental Issues

    What is Inner Line Permit System (ILPS)?

    | Governance | Mains Paper 2:

    A petition has been filed in the Supreme Court opposing the implementation of the Inner Line Permit System (ILPS) in Manipur.

    What is Inner Line Permit?

    • A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
    • The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.
    • To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
    • Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added (in December last year).

    Its’ Inception

    • The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
    • The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
    • On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
    • After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
    • Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.

    Why need ILP?

    • Despite the fact that the ILP was originally created by the British to safeguard their commercial interests, it continues to be used in India.
    • It aims to protect tribal cultures in northeastern India.
    • There are different kinds of ILP’s, one for tourists and others for people who intend to stay for long-term periods, often for employment purposes.
    • ILP’s valid for tourism purposes are granted as a matter of routine.

    Issues with ILP

    • It has been extensively used to restrict the entry of tribals.

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

    Economically Weaker Sections (EWS): As defined by Govt Panel

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

    The government has accepted the report by a committee under the Ministry of Social Justice and Empowerment, which examined the income criteria for determining who are to be included among the EWS.

    EWS Quota: A Backgrounder

    • On July 29 last year, the Centre had issued a notification for implementing 10% reservation for EWS along with 27% for OBC within these courses.
    • Following the petitions, the Supreme Court has stayed counseling for admission until the matter is decided.
    • The NEET notification followed the same criteria for determining EWS as mentioned in a notification from the Department of Personnel and Training (DoPT).

    Inception of EWS Quota

    • EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho.
    • The Commission for Economically Backward Classes was constituted by the then UPA government in 2005, and submitted its report in July 2010.
    • Based on this, the Cabinet in January 2019 decided to amend the Constitution (103rd Amendment) to provide reservation to EWS.

    Prime basis: Income criteria

    • The criteria include a Rs 8 lakh income ceiling for inclusion in EWS — which is the same as the criterion for deciding the “creamy layer” among the OBCs (those who are not in government).
    • The notification said income shall include income from all sources i.e. salary, agriculture, business, profession, etc for the financial year prior to the year of application.
    • Another criterion is that a person whose family owns or possesses 5 acres of agricultural land or more will be excluded from EWS.

    Why was the new committee constituted?

    • The committee aimed to revisit the criteria for determining the economically weaker sections in terms of the provisions of the explanation to Article 15 of the Constitution.
    • It followed the Supreme Court’s observation that the income criterion for determining EWS was “arbitrary”.
    • The Supreme Court is presently hearing a number of petitions, including a special leave petition filed by the Centre against a Madras HC order on EWS and OBC reservation in the all-India quota for NEET.

    Key recommendations

    • The report says that the “threshold of Rs 8 lakh of annual family income, in the current situation, seems reasonable for determining EWS”.
    • The committee has recommended that EWS may, however, exclude, irrespective of income, a person whose family has 5 acres of agricultural land and above.
    • The committee has removed the criteria that excluded some categories from EWS:
    1. Owners of residential properties of 1,000 sq ft and above
    2. Residential plots of 100 sq yards and above in notified municipalities
    3. Residential plots of 200 sq yards and above in areas other than the notified municipalities

    How does it address the questions raised by the Supreme Court?

    • The Supreme Court has earlier questioned the basis of Rs 8 lakh criteria and termed it arbitrary without any substantiation.
    • It asserted that this criteria is similar to that of Creamy Layer in OBCs.

    What did the committee say on Income Criteria?

    • The committee’s report now states the two sets of criteria are significantly different despite both using the Rs 8 lakh cut-off and that the criteria for the EWS.
    • EWS criteria are much more stringent than those for the OBC creamy layer.
    • The report justifies this income limit, stating that Rs 8 lakh cut off also has a link with the income tax exemption limit.
    • It would, therefore, be logical to use the income tax exemption limit to determine the threshold for EWS.

    Tap here to read more about:

    [Sansad TV] Perspective: Defining EWS

     

     

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Draft Regional Plan 2041 for NCR

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

    Many environment analysts and activists has offered objections to the Draft Regional Plan-2041 for National Capital Region (NCR).

    Draft Regional Plan 2041

    • The National Capital Region Planning Board had sought objections and suggestions to the Draft RP-2041 from public.
    • Under the NCRPB plan, Delhi, two districts of Rajasthan, eight districts of Uttar Pradesh and 14 districts of Haryana are covered. In all, it covers an area of around 55,083 square kilometres.
    • The plan paves the way for a future-ready and slum-free NCR comprising of facilities like air ambulance, high-speed connectivity by means of rail, road, Heli taxis, and inland waterways.

    Key provisions

    • This plan puts special impetus on 30-minute connectivity by means of super-fast trains within major cities of NCR.
    • It also proposes to explore feasibility of 30-minute Mass Transit Rail System (MTRS) from boundaries of NCR to Delhi.
    • The plan seeks to make NCR a smart connected region by improving connectivity using bullet trains, smart roads, and helitaxi services.
    • It will evolve the region into an economically prosperous region comprising of citizen centric harmonious infrastructure.
    • It laid emphasis on circular economy of water & air quality improvements, improving environment conservation.

    Need for the plan

    • There was a need to ease out traffic congestions and create more integrated, accessible, user-centric and affordable transportation system.

    Various objections with the Plan

     

    • The plan excludes the terms “Aravalli” and “forest areas” from the Natural Conservation Zone (NCZ).
    • The Aravallis were an integral part of the NCZ in the current Regional Plan-2021.
    • This has left Aravallis open to unlimited real estate construction.
    • Similarly, the phrase “forest areas” has been deleted from the NCZ also. This will drastically reduce the forest cover that is eligible for NCZ zoning protection.

    Why Aravallis matters?

     

    • The Aravallis are home to over 400 species of native trees, shrubs and herbs, more than 200 native and migratory bird species, and wildlife that includes leopards, jackals, hyenas, mongoose and civet cats.
    • They are crucial to groundwater recharge, which is significant given the water scarcity the region faces during harsh summer months.
    • The thick forest cover helps to naturally purify air in a region plagued by high levels of vehicular and industrial pollution through the year.

    Back2Basics:  Aravali Range

    • The Aravali is a mountain range in Northwestern India, running approximately 670 km in a southwest direction, starting near Delhi, passing through southern Haryana and Rajasthan, and ending in Gujarat.
    • The highest peak is Guru Shikhar at 1,722 meters.
    • The Aravalli Range, an eroded stub of ancient mountains, is the oldest range of fold mountains in India.
    • The natural history of the Aravalli Range dates back to times when the Indian Plate was separated from the Eurasian Plate by an ocean.
    • Three major rivers and their tributaries flow from the Aravalli, namely Banas and Sahibi rivers which are tributaries of Yamuna, as well as Luni River which flows into the Rann of Kutch.

     

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  • Modern Indian History-Events and Personalities

    Veer Baal Diwas to be observed on December 26

    Prelims Only | | Mains Paper 1: Arts & Culture

    Prime Minister has declared that December 26 shall henceforth be marked as Veer Baal Diwas to pay homage to the courage of the Sahibzades, four sons of Guru Gobind Singh, the last Sikh guru.

    What is the legend of Sahibzades?

    • The word “Sahibzada” means “son” in Punjabi and is a term commonly used to refer to the 4 sons of Guru Gobind Singh, the tenth Sikh Guru.
    • The week of 21 to 27 December is celebrated as the Sacrificial Week in memory of the four Sahibzadas who made sacrifices for the protection of Sikhism and Hinduism.
    • Sahibzada Ajit Singh, Jujhar Singh, Zorawar Singh and Fateh Singh got martyrdom while saving their religious faiths against forceful conversion.

    Their martyrdom: A backgrounder story

    • After the establishment of the Khalsa Panth, Guru Gobind Singh left the fort of Sri Anandpur Sahib with his family on 20-21 December 1704 to fight the invasion by Aurgangzeb.
    • The elder sahibzade Ajit Singh, Jujhar Singh stayed with Guru ji, while the younger sons Zorawar Singh and Fateh Singh were with Mata Gujri ji.
    • Subedar Wazir Khan of Sirhind arrested the two Sahibzades subsequently and lured them for religious conversion.
    • In the end, it was announced to get them elected in the living walls.
    • The rest two sahibzades got assassinated in the battle of Chamkaur (1705).

    Implications of their martyrdom

    • When the news of this reached Guruji, he wrote a zafarnama (letter of victory) to Aurangzeb, in which he warned Aurangzeb that the Khalsa Panth was ready to destroy your empire.
    • Baba Banda Singh Bahadur took revenge for the martyrdom of Guruji’s Sahibzadas.
    • He punished Wazir Khan for his deeds in Sirhind and established Sikh hegemony over the entire area.
    • The result of this sacrifice was that later a large Sikh empire emerged under the leadership of Maharaja Ranjit Singh.

    A historic event in Indian History

    • This event is an important part of Indian history and the occasion of their martyrdom is remembered and commemorated both with great vigor and sorrow.
    • The names of Sahibzades are reverently preserved and are recalled every time Ardas (prayer) of supplication is recited at a congregation or privately by an individual.

     

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