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  • Cyber Security – CERTs, Policy, etc

    Taking a byte out of cyber threats

    | Security Issues | Mains Paper 3: Cyber Security

    Context

    Cyber-attacks may be a relatively new phenomenon, but in a short timeframe have come to be assessed as dangerous as terrorism.

    A cyber attack is a type of attack that targets computer systems, infrastructures, networks, or personal computer devices using various methods at hand. India is ranked 10th (among 194 countries) in the Global Cybersecurity Index (GCI) 2020 ahead of China and
    Pakistan.

    The increasing threat of cyber attacks

    • Stuxnet Worm in 2010: Resulted in large-scale damage to Iran’s centrifuge capabilities.
    • Natanz nuclear facility (Iran) in 2021: Targeted the industrial control systems and destroyed the power supply to centrifuges used to create enriched uranium
    • Chinese cyberattack on the power system in Mumbai brought the entire city to a halt.
    • Ransomware as a Service (RaaS) — a business model for ransomware developers — is no mere idle threat.
    • Advanced Persistent Threats (APT) attacks are set to increase, with criminal networks working overtime and the Dark web allowing criminals to access even sensitive corporate networks.

    Tools of Cyberattacks

    • Malware: Malicious software to disrupt computers. It can include Viruses, Spyware, Trojans, etc.
    • Phishing: It is the method of trying to gather personal information using deceptive e-mails and websites.
    • Denial of Service attacks: A Denial-of-Service (DoS) attack is an attack meant to shut down a machine or network, making it inaccessible to its intended users.
    • Hacktivism:  Misusing a computer system or network for a socially or politically motivated reason. For example, hacktivists can block access to Government’s website, deface the government’s website or unblock the sites which have been blocked by the Government.
    • Social Engineering: Entice users to provide confidential information. For example, these days u must have come across some of the fake Facebook accounts which are opened in the name of your close friends. First, the cyber attackers send you the friend request in the name of your close friend. Once u accept it, they will ask to request you to transfer some money.

    Consequences of Cyberattacks

    • Impact on data: Confidentiality, Integrity and Availability of information.
    • Impact on Critical Information Infrastructure: Presently, most of the sectors are critically dependent on the use of ICT to carry on their operations. These sectors are Banking and Finance, Power systems, Transport sector, Telecommunication, etc. Cyber attacks on these critical information infrastructures can bring the entire country to a grinding halt. For example, the recent Chinese cyber attack on the power system in Mumbai brought the entire city to a halt.
    • Creates Distrust: A cyber-attack on a specific component exposes vulnerabilities in the entire system which may negatively impact relations with allies and adversaries and questions our nuclear reliability.
    • Financial loss: Estimates of the cost to the world in 2021 from cyberattacks are still being computed, but if the cost of cybercrimes in 2020 (believed to be more than $1 trillion) is any guide, it is likely to range between $3trillion-$4 trillion.
    • Threat to National Security and peace and stability in a country.

    Steps taken by India to improve Cyber Security

    • Section 66F of ITA: Specific provision dealing with the issue of cyber terrorism that covers denial of access, unauthorized access, introduction of computer contaminant leading to harm to persons, property, critical infrastructure, disruption of supplies, ‘sensitive data’ thefts. Provides for punishment which may extend to life imprisonment.
    • National Cyber Security Policy 2013: Policy document drafted by the Department of Electronics and Information Technology. Established National Critical Information Infrastructure Protection Centre (NCIIPC) to improve the protection and resilience of the country’s critical infrastructure information; Create a workforce of 5 lakh professionals skilled in cybersecurity in the next 5 years.
    • National Critical Information Infrastructure Protection Centre (NCIIPC): It has been setup to enhance the protection and resilience of Nation’s Critical information infrastructure. It functions under the National Technical Research Organization (NTRO).
    • CERT-IN: Organization under the Ministry of Electronics and Information Technology with an objective of securing Indian cyberspace. The purpose of CERT-In is to respond to computer security incidents, report on vulnerabilities, and promote effective IT security practices throughout the country. According to the provisions of the Information Technology Amendment Act 2008, CERT-In is responsible for overseeing the administration of the Act.
    • Cyber Surakshit Bharat Initiative: It was launched in 2018 with an aim to spread awareness about cybercrime and build capacity for safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments.
    • Cyber Crisis Management Plan (CCMP): It aims at countering cyber threats and cyber-terrorism.
    • National Cyber Coordination Centre (NCCC): It seeks to generate necessary situational awareness of existing and potential cyber security threats and enable timely information sharing for proactive, preventive and protective actions by individual entities.
    • National Cyber Security Coordinator (NCSC) under National Security Council Secretariat (NSCS) coordinates with different agencies at the national level for cyber security matters.
    • Cyber Swachhta Kendra: This platform was introduced for internet users to clean their computers and devices by wiping out viruses and malware.
    • Information Security Education and Awareness Project (ISEA): Training of personnel to raise awareness and to provide research, education, and training in the field of Information Security.

    Challenges

    • Structural:
      a)Absence of any geographical constraints.
      b)Lack of uniformity in devices used for internet access.
    • Administrative:
      a) Lack of national-level architecture for cybersecurity
      b) Security audit does not occur periodically, nor does it adhere to the international standards.
      c) The appointment of the National Cyber Security Coordinator in 2014 has not been supplemented by creating liaison officers in states.
    • Procedural
      a) Lack of awareness in local police of various provisions of IT Act, 2000, and also of IPSC related to cybercrime.
      b) Lack of data protection regime.
    • Human Resource Related
      a) Inadequate awareness among people about the security of devices and online transactions.

    Way forward

    • International Convention: Presently, Budapest Convention is the first international treaty that promotes greater cooperation between countries in fighting cybercrimes. India should accede to Budapest Convention at the earliest. It would reduce India’s capacity to combat cybercrimes at a global level.
    • PPP Framework for Cyber Security: Presently, most of the cyber security operations are carried out by the Government agencies such as CERT-In. Given the fast-changing nature and intensity of cyber threats, there is a need to leverage private sector expertise in combating cyber crimes through the PPP framework.
    • Capacity building and skill development- Recently, according to a report published by NASSCOM, India needs around 10 lakh, cyber security experts. However, presently there are only around 64,000 professionals. One of the main reasons for the lower number of cyber security professionals is due to lack of an adequate number of specialized courses in cyber security, poor training Infrastructure, lack of availability of trainers, etc. Hence, accordingly, the Government has to recognize the lacunae and increase the number of Skilled professionals.
    • Promoting Startups in the field of Cybersecurity.
    • Investment in R&D to improve Cyber Security- Big data, AI
    • Learning from best practices such as the Tallinn manual of the US.

    Conclusion

    Failure to build resilience — at both the ‘technical and human level — will mean that the cycle of cyber attacks and the distrust they give rise to will continue to threaten the foundations of a democratic society. Preventing erosion of trust is critical in this day and age.

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  • Modern Indian History-Events and Personalities

    Back in news: Liberation of Goa

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

    The PM recently took a jibe at then PM Nehru, saying that it could have liberated Goa in 1947 itself had Nehru sent the Indian Army there.

    What is the news?

    • Goa was liberated 15 years after India attained freedom.
    • PM Modi accused Nehru as guilty of leaving satyagrahis in the dismay, refusing to send the Indian Army to liberate Goa, even after 25 of them were shot dead by the Portuguese Army.

    Goa’s Colonization: A backgrounder

    • Goa became a Portuguese colony in 1510, when Admiral Afonso de Albuquerque defeated the forces of the sultan of Bjiapur, Yusuf Adil Shah.
    • The next four and a half centuries saw one of Asia’s longest colonial encounters — Goa found itself at the intersection of competing regional and global powers.
    • It received a religious and cultural ferment that lead eventually to the germination of a distinct Goan identity that continues to be a source of contestation even today.
    • By the turn of the twentieth century, Goa had started to witness an upsurge of nationalist sentiment opposed to Portugal’s colonial rule, in sync with the anti-British nationalist movement.

    Beginning of freedom movement

    • Tristao de Braganza Cunha, celebrated as the father of Goan nationalism, founded the Goa National Congress at the Calcutta session of the Indian National Congress in 1928.
    • In 1946, the socialist leader Ram Manohar Lohia led a historic rally in Goa that gave a call for civil liberties and freedom, and eventual integration with India.
    • This event became a watershed moment in Goa’s freedom struggle.
    • At the same time, there was a thinking that civil liberties could not be won by peaceful methods, and a more aggressive armed struggle was needed.
    • This was the view of the Azad Gomantak Dal (AGD), whose co-founder Prabhakar Sinari is one of the few freedom fighters still living today.
    • Finally, Goa was liberated on December 19, 1961 by swift Indian military action that lasted less than two days.

    Recognition of Goa

    • The Supreme Court of India recognized the validity of the annexation and rejected the continued applicability of the law of occupation.
    • In a treaty with retroactive effect, Portugal recognized Indian sovereignty in 1974.
    • Under the jus cogens rule, forceful annexations including the annexation of Goa are held as illegal since they have taken place after the UN Charter came into force.

    Why was Goa left un-colonized?

    As India moved towards independence, however, it became clear that Goa would not be free any time soon, because of a variety of complex factors.

    • No immediate war: Then PM Nehru felt that if he launched a military operation (like in Hyderabad) to oust the colonial rulers, his image as a global leader of peace would be impacted.
    • Trauma of Partition: The trauma of Partition and the massive rupture that followed, coupled with the war with Pakistan, kept the Government of India from opening another front.
    • Internationalization of the issue: This might have led the international community to get involved.
    • No demand from within: It was Gandhi’s opinion that a lot of groundwork was still needed to raise the consciousness of the people, and the diverse political voices emerging within be brought under a common umbrella.

    Nehruvian dilemma

    • India’s global image: Nehru was headed in shaping India’s position in the comity of nations.
    • Trying peaceful options: He was trying to exhaust all options available to him given the circumstances that India was emerging from.
    • Portuguese obsession: Portugal had changed its constitution in 1951 to claim Goa not as a colonial possession, but as an overseas province.
    • Portugal in NATO: The move was apparently aimed at making Goa a part of the newly formed North Atlantic Treaty Organisation (NATO) military alliance. Hence the collective security clause of the treaty would be triggered.
    • Weak indigenous push: Nehru saw it prudent to pursue bilateral diplomatic measures with Portugal to negotiate a peaceful transfer while, at the same time, a more ‘overt’ indigenous push for liberation.

    Why did Nehru wait until December 1961 to launch a full-scale military offensive?

    India could no longer be seen to delay the liberation of Goa because:

    • Portuguese offensive against Satyagrahis: The firing incident also provoked a sharp response from the Government of India, which snapped diplomatic and consular ties with Portugal in 1955.
    • India as torchbearer of de-colonization: India got itself firmly established as a leader of the Non Aligned World and Afro Asian Unity, with decolonisation and anti-imperialism as the pillars of its policy.
    • Criticisms from African nations: An Indian Council of Africa seminar on Portuguese colonies organized in 1961 heard strong views from African as this was hampering their own struggles against the ruthless regime.
    • Weakening Colonialism: The delegates were certain that the Portuguese empire would collapse the day Goa was liberated.

    The debate in 2022

    • Politics needs to be charitable to history, because at some point it would be put to the same scrutiny and judgment as it becomes history itself.
    • Goa has seen 60 years of eventful liberation and successful amalgamation in the Indian Union.
    • It is more important for it to look ahead to its future than to rapidly receding, increasingly dim images in the rear-view mirror.

     

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  • Police Reforms – SC directives, NPC, other committees reports

    What is Habeas Corpus?

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

    The Supreme Court has decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.

    What is Habeas Corpus?

    • Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court.
    • He/she can request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
    • In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court.
    • Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification.

    What is Article 32?

    • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
    • It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
    • It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
    • The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
    • Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.

    Rights protected by A32

    • The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
    • Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.

    Types of Writs under it

    Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:

    1. Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
    2. Mandamus — directing public officials, governments, courts to perform a statutory duty;
    3. Quo Warranto — to show by what warrant is a person holding public office;
    4. Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
    5. Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
    • In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
    • When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.

     

     

    Try this PYQ:

    Q.Which of the following is included in the original jurisdiction of the Supreme Court?

    1. Dispute between the Government of India and one or more States
    2. A dispute regarding elections to either House of the parliament or that of Legislature of a State
    3. A dispute between the Government of India and Union Territory
    4. A dispute between two or more States.

    Select the correct answer using the codes given below:

    (a) 1 and 2

    (b) 2 and 3

    (c) 1 and 4

    (d) 3 and 4

     

    Post your answers here.

     

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  • Indian Navy Updates

    In news: Exercise Milan 2022

    Prelims Only | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Exercise Milan as well as the Fleet Review by President is scheduled to be held this month for which 46 countries have been invited.

    Exercise Milan

    • Milan began in 1995 and is held biennially and brings together Navies of all the countries in the region.
    • It has so far been held at Port Blair in Andaman and Nicobar but is now being shifted to Visakhapatnam which offers more infrastructure as well as sea space for the exercise.
    • It has several themes such as anti-submarine warfare among others along with deliberations, including by subject matter experts.

    What is Fleet Review?

    • A Fleet Review is usually conducted once during the tenure of the President.
    • The first PFR was held in 1953 for the first President Dr. Rajendra Prasad.
    • Since Independence 11 PFRs have been conducted by the Navy, of which two have been International Fleet Reviews in 2011 and 2016.
    • In terms of significance, the Navy’s Presidential review is second only to the Republic Day Parade.

     

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  • Wildlife Conservation Efforts

    Australia lists Koalas as Endangered Species

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

    Once found in abundance, Australia’s much-loved koalas have now been officially classified as ‘endangered’ after widespread bushfires, drought and land clearing destroyed much of their eucalyptus-rich habitat.

    Koalas

    IUCN Status: Vulnerable

    • According to fossil records, Koala species have inhabited parts of Australia for at least 25 million years, a WWF report states.
    • But today, only one species remains — the Phascolarctos cinereus.
    • They are found in the wild in the southeast and eastern sides of Australia — in coastal Queensland, New South Wales, South Australia and Victoria.

    Threats to Koalas

    • Since Europeans first settled in the region, the Koala population has faced widespread habitat loss, particularly due to agriculture and the construction of urban settlements.
    • They survive on a strict diet of up to a kilogram of eucalyptus leaves every day.
    • Due to the low nutritional value of these leaves, koalas tend to sleep for extended periods, often up to 18 hours a day, to conserve energy.

     

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

    How to expand India’s forest cover

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

    Context

    The recently released India State of Forest Report (ISFR) 2021 shows the total forest and tree cover in India is 80.9 million hectares, which is 24.62 per cent of the geographical area of the country.

    Definition of forest in India

    • India’s definition of forest cover is in sync with that of the Kyoto Protocol.
    • A “forest” has a minimum area of 0.05 to 1 ha (India has 1.0 ha minimum), with the tree crown cover percentage being more than 10 to 30 per cent (India has 10 per cent) and with trees having the potential to reach a minimum height of 2 to 5 m at maturity in situ (in India, it’s 2 m).
    • The definition thus arrived at by India assesses forests as all lands, more than 1 hectare in area, with a tree canopy density of more than 10 per cent irrespective of ownership and legal status.
    • Such lands may not necessarily be a recorded forest area.
    • It also includes orchards, bamboo, palm etc.

    Assessment of forest cover

    • The assessment of forest cover is done based on the interpretation of satellite data, which basically identifies umbrella-shaped canopies from the sky.
    • The forest cover is also estimated from field inventory data, which corroborates the figures of forest cover obtained from the satellite-based interpretation.
    • The environment ministry is even considering providing forest cover maps through the Web Map Service to make the analyses of researchers and agencies easier.
    • Importance of plantations: The importance of plantations needs to be understood.
    • For example, cashew plantations, which mainly grow along the coast, serve as the first line of defence against cyclones, which are hitting with greater frequency and ferocity.
    • Mixed plantations, especially of native species, meet all the ecological functions of natural forests.
    • A lot of wildlife inhabits these plantations.
    • While we do not advocate equating natural forests with plantations, let us recognise their ecological functions.

    Afforestation efforts

    • India is on track to achieve its national commitment to land degradation neutrality.
    • India is working towards restoring 26 million hectares of degraded land by 2030.
    • Our afforestation efforts are also aligned with our wildlife conservation efforts.
    • Project Tiger was launched in 1973.
    • From nine tiger reserves initially, we now have 51 tiger reserves.
    • These are the cornerstones of wildlife conservation and preserve natural ecosystems which support ecological processes responsible for providing various goods and services that are vital for human well-being.

    Way forward

    • Notwithstanding these gains, the goal of 33 per cent area under forest and tree cover as per the National Forest Policy, 1988, remains to be achieved.
    • Focus on TOF: The balance of 9 per cent can be achieved through taking up plantation/afforestation outside the forests and restocking/plantation in degraded and scrub forests.
    • According to the ISFR 2021, the Trees outside forest (TOF) extent comprises 36.18 per cent of the total forest and tree cover of the country.
    • Given this fact, the draft NFP 2021 has focused on the promotion of TOF by including it among its objectives.
    • NFP 2021: Given this fact, the draft NFP 2021 has focused on the promotion of TOF by including it among its objectives.
    • The provisions in draft NFP 2021 include substantially increasing the tree cover outside forests by incentivising and promoting agro-forestry and farm forestry; managing and expanding green spaces in urban and peri-urban areas to enhance citizens’ well-being; plantation of trees outside forests in partnership with local communities, land-owning agencies, and private enterprises; creation, sustainable management and promotion of urban forests; afforestation/reforestation in public-private partnership (PPP) mode; promotion of urban forests.

    Conclusion

    It is with this holistic approach that India is moving towards restoring the ecological balance of the planet and ensuring sustainable development.

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  • Minimum Support Prices for Agricultural Produce

    An MSP scheme to transform Indian agriculture

    | Agriculture | Mains Paper 3: Issues Related To Farm Subsidies & Msp

    Context

    The MSP must look especially into the requirements of farmers and the landless.

    Background of price stabilisation for food grain

    • The Essential Commodities Act in 1955 sought to counter price rise due to speculative private trading and then MSP in the 1960s.
    • A buffer stock policy was developed over time to involve different kinds of mechanisms such as:
      a) setting cost-based minimum procurement price, paying the difference between procurement price and market price.
      b) storing the procured surplus for sale through the Public Distribution System (PDS) at issue price, and market intervention to stabilise price when deemed necessary.
    • This task required interlinking procurement, storage and distribution with more centralised investment and control of each of these tasks.

    3 Purposes MSP could serve

    MSP could serve, in principle, three purposes:

    • Price stabilisation in the food grains market.
    • Income support to farmers, and
    • As a mechanism for coping with the indebtedness of farmers.

    Advantages of wide coverage

    • Fulfilling three objectives: In this way, the objectives of income support to farmers, price stabilization, food security, and inducing more climate-friendly cropping patterns can be combined to an extent.
    • Solution to debt problem: A real breakthrough in the recurring problem of agricultural debt can be made by the linking of selling of grains under MSP to the provision of bank credit particularly for small farmers.
    • The farmer can get a certificate selling grains at MSP which would be credit points proportional to the amount sold; this will entitle them to a bank loan as their right, and calibrate the fluctuations between good and bad harvest years by storing the certificates for later use.

    Issues with MSP in current form

    • Low accessibility and awareness of the MSP regime: A survey highlighted that 81% of the cultivators were aware of MSP fixed by the Government for different crops and out of them only 10% knew about MSP before the sowing season.
    • Arrears in payments: More than 50% of the farmers receive their payments of MSP after one week.
    • Poor marketing arrangements: Almost 67% of the farmers sell their produce at MSP rate through their own arrangement and 21% through brokers.
    • Partial coverage resulting in skewed cropping pattern: This partial MSP coverage skewed the cropping pattern against several coarse grains and millets particularly in rain-fed areas.

    Way forward

    • Flexible arrangement of MSP: Each crop within a band of maximum and a minimum price depending on harvest conditions i.e. higher price in a bad and lower price in a good harvest year in general will have its price set in the band.
    • High MSP for coarse grains: The price of some selected coarse grains can be fixed at the upper end of its band to encourage their production in rain-fed areas.

    Conclusion

    Greater coverage of all 23 crops under MSP is a way of improving both food security and income support to the poorest farmers in rain-fed regions.

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  • Governor and Related issues

    | Polity | Mains Paper 2: Federalism

    Last week, West Bengal CM blocked its Governor on Twitter. Days earlier, the Tamil Nadu government had taken exception to Governor’s R-Day speech articulating the benefits of NEET.

    These are two of many examples of bitterness between states and Governors.

    Who is a Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    Governor-State Relations

    • Acting on aid and advice: Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution.
    • Discretion: He has monopoly for giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Various friction points

    In recent years, these have been largely about:

    1. Selection of the party to form a government
    2. Deadline for proving majority
    3. Sitting on Bills
    4. Passing negative remarks on the state administration

    Recent contentious case

    • J&K: In November 2018, then J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government.
    • Maharashtra: In 2019, after a hung verdict in Maharashtra Governor quietly invited a party leader and administered him oath as CM at 6am early morning. This government lasted just 80 hours.
    • Nagaland: Governor has criticised affairs of the state and allegedly interfered in administration.

    Is such friction recent?

    • Allegations of the Centre using the Governor’s position to destabilise state governments have been made since the 1950s.
    • In 1959, Kerala’s government was dismissed merely based on a report by the Governor.
    • Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.

    Why does this happen?

    • Political appointment: This is because Governors have become political appointees. Politicians become Governors and then resign to fight elections.
    • Nature of appointment: In the Constitution, there are no guidelines for exercise of the Governor’s powers, including for appointing a CM or dissolving the Assembly.
    • Defying constituent assembly: The Constituent Assembly envisaged governor to be apolitical.
    • Nature of appointment: The CM is answerable to the people. But the Governor is answerable to no one except the Centre.
    • Constitutional vacuum: Once can sugercoat it with ideas of constitutional morality and values, but the truth is there is a fundamental defect in the Constitution.
    • Security of Tenure: There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice. While the Governor has 5-year a tenure, he can remain in office only until the pleasure of the President.
    • Powers in legislation: There is no limit set for how long a Governor can withhold assent to a Bill.

    What reforms have been suggested?

    • From the Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 and the one mentioned above, several panels have recommended reforms, such as:
    1. Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM,
    2. Fixing his tenure for five years
    3. Provision to impeach the Governor by the Assembly
    • No government has implemented any of these recommendations.

     

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  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    What is a Ratings Agency and why do they matter?

    | Economics | Mains Paper 3: Indian Economy

    Finance Secretary has accused rating agencies of “double standards” when assessing emerging markets and developing economies.

    What is the news?

    • Fitch, a rating agency, has termed India as the most indebted emerging market.
    • It claimed that the latest budget did not provide clarity on fiscal consolidation plans.

    What is a Rating Agency?

    • Rating agencies assess the creditworthiness or potential of an equity, debt or country.
    • Their reports are read by investors to make an informed decision on whether or not to invest in a particular country or companies in that geography.
    • They assess if a country, equity or debt is financially stable and whether it at a low/high default risk.
    • In simpler terms, these reports help investors gauge if they would get a return on their investment.

    What do they do?

    • The agencies periodically re-evaluate previously assigned ratings after new developments geopolitical events or a significant economic announcement by the concerned entity.
    • Their reports are sold and published in financial and daily newspapers.

    What grading pattern do they follow?

    • The three prominent ratings agencies, viz., Standard & Poor’s, Moody’s and Fitch subscribe to largely similar grading patterns.
    • Standard & Poor’s accord their highest grade, that is, AAA, to countries, equity or debt with the exceedingly high capacity to meet their financial commitments.
    • Its grading slab includes letters A, B and C with an addition a single or double letter denoting a higher grade.
    • Moody’s separates ratings into short and long-term definitions. Its longer-term grading ranges from Aaa to C, with Aaa being the highest.
    • Fitch, too, rates from AAA to D, with D being the lowest. It follows the same succession scheme as Moody’s and Fitch.

    Criticism of rating agencies

    • Popular ratings agencies publicly reveal their methodology, which is based on macroeconomic data publicly made available by a country, to lend credibility to their inferences.
    • However, credit rating agencies were subjected to severe criticism for allegedly spurring the financial crisis in the United States, which began in 2017.
    • The agencies underestimated the credit risk associated with structured credit products and failed to adjust their ratings quickly enough to deteriorating market conditions.
    • They were charged for methodological errors and conflict of interest on multiple counts.

    Do countries pay attention to ratings agencies?

    • Lowered rating of a country can potentially cause panic selling or offloading of investment by a foreign investor.
    • In 2013, the European Union opted for regulating the agencies.
    • Over reliance on credit ratings may reduce incentives for investor to develop their own capacity for credit risk assessment.
    • Ratings Agencies in the EU are now permitted to issue ratings for a country only thrice a year, and after close of trade in the entire Union.

     

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    What is Privilege Motion?

    Prelims Only | Polity | Mains Paper 2: Parliament & State Legislatures

    An MP from Telangana submitted a Privilege Motion against PM regarding his remarks over the bifurcation of the erstwhile state of Andhra Pradesh.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges, and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a Privilege Motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under the law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offenses against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the Privileges Committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

    Post your answers here.

     

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