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  • Parliament – Sessions, Procedures, Motions, Committees etc

    What is Breach of Privilege?

    | Polity | Mains Paper 2: Parliament & State Legislatures

    An MP has issued a breach of privilege notice against an MP from Bengal in the Lok Sabha.

    Try this PYQ:

    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

    What is the news?

    • The accused MP has cast some aspersions with respect to the conduct of a judge.
    • The question is whether the conduct of a judge can be discussed on the floor of the House or not.
    • Article 121 of the Constitution does not allow allegations to be levelled against a sitting or a former judge.

    Breach of Privilege

    • 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.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

    What constitutes a breach of this privilege?

    • While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
    • Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
    • Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
    • It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.

    Procedure followed in cases of an alleged breach

    • The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
    • The members to the committee which has quasi-judicial powers are nominated based on the party strength in the Houses.
    • The Speaker or Chairman first decides on the motions.
    • If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
    • At present, there is no Privileges Committee in either House of the state legislature.
    • The Committee will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.

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  • Oil and Gas Sector – HELP, Open Acreage Policy, etc.

    Significance of crude oil crossing $60 a barrel

    | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    The price of Brent crude crossed the $60 per barrel mark after over a year on the back of oil-producing countries maintaining production cuts due to lockdowns.

    What is Crude Oil?

    • Petroleum also known as crude oil and oil is a naturally occurring, yellowish-black liquid found in geological formations beneath the Earth’s surface.
    • It is commonly refined into various types of fuels.
    • Components of petroleum are separated using a technique called fractional distillation, i.e. separation of a liquid mixture into fractions differing in boiling point by means of distillation, typically using a fractionating column.
    • It consists of naturally occurring hydrocarbons of various molecular weights and may contain miscellaneous organic compounds.
    • The name petroleum covers both naturally occurring unprocessed crude oil and petroleum products that are made up of refined crude oil.

    Why has the price of crude oil risen sharply?

    • Major oil-producing countries had cut oil production last year amid a sharp fall in demand due to the Covid-19 pandemic.
    • However oil-producing countries have continued to limit production despite an increase in prices with Saud Arabia cutting its own oil production by 1 million barrels per day to strengthen crude oil prices.
    • Expectations of strong improvements in demand with the global rollout of the Covid-19 vaccine have also put upward pressure on crude oil prices according to experts.

    How will this impact India?

    • The rise in the price of Brent crude will lead to an increase in India’s import bill.
    • India imports of 80 per cent of its crude oil requirements and the average price of Indian basket of crude oil has already risen to $54.8 barrel for January.
    • The upward move in crude prices will also put upward pressure on petrol and diesel prices across the country which is already at all-time highs.

    Signs of no remedy

    • The government had hiked central taxes on petrol and diesel by Rs 13 per litre and Rs 11 per litre in 2020 to boost revenues amid lower economic activity.
    • The increase in taxes had prevented consumers from getting the benefit of low fuel prices as international prices crashed during the first quarter of last fiscal.

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  • Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

    Centre’s new labour codes to allow 4-day work per week

    Bills/Act/Laws | Governance | Mains Paper 2: Government Scheme/Policies

    The Centre under its new labour codes would soon provide an option for organisations to allow their employees to work for four days in a week.

    What is the news?

    • The proposed new labour codes could provide companies with the flexibility of four working days in a week.

    What does this mean?

    • The working hour’s limit of 48 hours for a week will remain unchanged.
    • This implies that there will be long working hours if the working days are reduced.
    • Having a reduced number of working days does not mean a cut in paid holidays.
    • Therefore, when the new rules will provide the flexibility of four working days, it would imply three paid holidays.

    Roll out of the proposal

    • The Ministry of Labour and Employment is likely to complete the process to finalise the rules for four labour codes soon.
    • The provision of flexibility to have reduced working days of four days in the labour code rules will mean that companies will not require prior government nod to enact it.

    Why such a move?

    • The well-being of employees improves with less workload. Working parents can spare more time for the childcare.
    • It helps the economy and the environment since power and fuel consumption is reduced.

    Ahead of Labour reforms

    • The ministry is in the final phase of amalgamating 44 central labour laws into four broad codes.
    • The four Codes include- Code on Wages, Industrial Relations, Occupational Safety, Health and Working Conditions (OSH) and Social Security Codes.

     

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  • Monsoon Updates

    [pib] National Monsoon Mission

    PIB | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    Under the National Monsoon Mission (NMM), Ministry of Earth Sciences has developed the state-of-the-art weather and climate prediction models, which are now in operational use.

    Tap to read about the mechanism of Indian Monsoon System at:

    The Southwest Monsoon Season (Jun – Sep) | Part 1

    National Monsoon Mission (NMM)

    • Ministry of Earth Sciences (MoES) had launched NMM in 2012 with a vision to develop a state-of-the-art dynamical prediction system for monsoon rainfall on different time scales.
    • The responsibility of execution and coordination of this mission is vested to the Indian Institute of Tropical Meteorology (IITM), Pune.
    • Climate Forecast System (CFS) of USA has been identified as the basic modelling system for the above purpose, as it is one of the best among the currently available coupled models.

    Targets of NMM

    • Development of a seamless prediction system using monsoon mission model, on different time scales, like Seasonal (for whole Monsoon season), extended-range (upto 4 weeks), short-range prediction (up-to 5days).
    • Initiate and coordinate the working partnership between Indian and foreign institutes to develop a system for prediction of extremes and climate applications
    • Develop and implement the system for climate applications having social impacts (such as agriculture, flood forecast, extreme events forecast, wind energy, etc.
    • Advanced data assimilation system for preparing high-quality data for model predictions.

    Achievements of NMM during the last 3 years

    • Setting up of an advanced prediction system for Seasonal prediction; Extended range prediction and Very high-resolution Short-range prediction.
    • Commissioning of a Global Ensemble Forecast System (GEFS) for short and medium-range prediction at 12km.
    • The Cyclone track and intensity prediction has also shown a steady improvement over the last three years.
    • The operationalization of Monsoon Mission dynamical model (MMCFS) to prepare operational seasonal forecast of monsoon rainfall and temperatures during the hot and cold weather seasons over India.
    • Development of an algorithm to monitor and predict the Monsoon Intra-seasonal Oscillations (MISO) and Madden-Julian Oscillation (MJO) on the extended range.
    • Development of an index to predict the genesis and evolution of tropical cyclones and other cyclonic disturbances over the north Indian Ocean.

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  • Foreign Policy Watch: India-Afghanistan

    Places in news: Shahtoot Dam

    India Mapping | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    India and Afghanistan have signed an agreement to build the Shahtoot Dam in Kabul to provide drinking water facility in the Afghan capital.

    Try this question from prelims 2020:

    Consider the following pairs

    Sr. River Flows into
    1. Mekong — Andaman Sea
    2. Thames — Irish Sea
    3. Volga — Caspian Sea
    4. Zambezi — Indian Ocean


    Which of the pairs given above is/are correctly matched?

    (a) 1 and 2 only

    (b) 3 only

    (c) 3 and 4 only

    (d) 1, 2 and 4 only

    Shahtoot Dam

    • It is a proposed dam in the Kabul river basin, one of the five river basins in Afghanistan.
    • This project will provide drinking, irrigation and Environmental water for Kabul province.
    • The dam will provide potable water to more than 2 million residents of Kabul, in addition to the irrigation of 4000 hectares of land in the district of Charasiab and Khairabad.
    • The dam will also provide water for irrigation to nearby areas, rehabilitate the existing irrigation and drainage network and help in flood protection and management efforts.
    • The project is expected to produce electricity for the region.

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  • Important Judgements In News

    POCSO doesn’t brook dilution

    | Polity | Mains Paper 2: Executive & Judiciary,Laws, Institutions & Bodies Constituted For The Vulnerable Sections

    The recent Bombay High Court judgement has raised controversy for its interpretation of certain Section of the POCSO Act. The article deals with this issue.

    Object of the POCSO Act

    • The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012 especially to protect children (aged less than 18) from sexual assault.
    • The Statement of Objects and Reasons of the Act admitted that a number of sexual offences against children were neither specifically provided for in extant laws nor adequately penalised.
    • The UN Convention on the Rights of the Child, ratified by India in 1992, also requires sexual exploitation and sexual abuse to be addressed as heinous crimes.

    Issues with Bombay High Court’s Judgement

    • The Bench acquitted a man under the POCSO Act found guilty of assault on the grounds that he groped his victim over her clothes and there was no skin-to-skin contact between them.
    • As this judgment was likely to set a dangerous precedent, the apex court stayed the acquittal.
    • Section 7 of the POCSO Act, along with other things, says that whoever with sexual intent touches the breast of the child is said to commit sexual assault.
    • Whereas Section 8 of the Act provides minimum imprisonment of three years for sexual assault.
    • Section 354 of the Indian Penal Code (IPC) lays down a minimum of one year imprisonment for outraging the modesty of a woman.

    Difference between IPC and POCSO

    • The difference between POCSO and IPC, as far as the offence of sexual assault is concerned, is two-fold.
    • One, the definition of ‘assault or criminal force to woman with intent to outrage her modesty’ given in the IPC is generic.
    • Whereas in POCSO, the acts of sexual assault are explicitly mentioned such as touching various private parts.
    • ‘Sexual assault’ in POCSO specifically excludes rape which requires penetration; otherwise the scope of ‘sexual assault’ under POCSO and ‘outraging modesty of a woman’ under the IPC is the same.
    • Two, whereas the IPC provides punishment for the offence irrespective of any age of the victim, POCSO is specific for the protection of children.
    • Higher punishment is provided under POCSO not because more serious allegations of sexual assault are required but because the legislature wanted punishment to be more deterrent if the victims are children.

    Conclusion

    In the absence of any specific provision in the POCSO Act which requires skin-to-skin touch as a mandatory element of an offence, any interpretation which dilutes protection to children must be declared ultra vires.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Need for rigorous scrutiny of constitutionality of the bills

    op-ed snap | Polity | Mains Paper 2: Executive & Judiciary,Parliament & State Legislatures

    Farmers’  protests against the farm laws and staying of  implementation of these laws by the judiciary have once again brought into focus the process followed in the passage of laws by the parliament. This article highlights the importance of parliamentary committees.

    Need for introspection on the role of parliament

    • The Supreme Court’s order on the farm laws staying their implementation crossed the line of separation between the legislature and judiciary.
    • The order should trigger introspection in Parliament.
    • Since 2019, the constitutionality of statutes passed by it, like the abrogation of Article 370, the Citizenship Amendment Act and recently the farm laws, has been challenged before the SC.
    • The highest lawmaking body should be asking itself whether it rigorously scrutinises the constitutionality of bills.

    Three mechanisms to examine the constitutionality

    • Parliament has three mechanisms for examining whether a government bill adheres to constitutional principles.
    • First, any member of the Parliament can oppose the introduction of a bill by stating that it initiates legislation outside the legislative competence of the Parliament.
    • Second, MPs also get an opportunity to discuss a bill’s constitutionality while debating it in the Lok Sabha and Rajya Sabha.
    • But on both these occasions, the strength of the argument does not determine the legislative outcome.
    • The Parliament’s decision depends on the numbers that the treasury and opposition benches command on the house floor.
    • Third, the opportunity for probing a bill’s constitutionality arises when a parliamentary committee is examining it.

    Advantages of scrutiny of the bill by  parliamentary committee

    • The most important opportunity of the above mentioned three opportunities is scrutiny by the parliamentary committee.
    • In the past too, the parliamentary committees have subjected the bills to strict scrutiny on the issue of constitutionality.
    • For example, the committee examining the land acquisition bill 2011 was concerned about the bill infringing upon the state governments’ power.
    • Similarly, during the deliberations on the Citizenship Amendment Bill 2016, the joint committee explicitly asked the government whether the bill would violate the spirit of Articles 14 and 25 of the Constitution.
    • The committee process also has the advantage of drawing on constitutional expertise outside of the law ministry.
    • The government has also fielded the attorney general to appear before parliamentary committees.

    Weakness of parliamentary committee process

    • Our parliamentary committee process has a fatal flaw.
    • Government bills do not automatically go to committees for examination.
    • Ministers get an option to refer their bill to a select committee, they often don’t exercise this option.
    • While countries like Sweden and Finland pass their bills through two parliamentary committees.
    • One committee looks at the technical aspects of a proposed law, and a specialised committee focuses on a bill’s constitutional validity.

    Consider the question “Several laws passed by the government have been challenged before the judiciary on the ground of unconstitutionality. This highlights the importance of strict scrutiny of the bills by the Parliament. In light of this, examine the role played by the parliamentary committees in the scrutiny of the bills.” 

    Conclusion

    Lack of robust scrutiny processes weakens Parliament’s image as the highest legislative institution and encourages judicial encroachment on its powers. After all, lawmaking should not be a mechanical stamping of the government’s legislative proposals but their careful examination by the Parliament.

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  • Disasters and Disaster Management – Sendai Framework, Floods, Cyclones, etc.

    Role of dams in Uttarakhand floods

    op-ed snap | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia,Disaster Management

    The article explains the link between the disasters in the Uttarakhand and the construction of dams.

    How dams exacerbate disasters

    • The use of explosives has repeatedly been questioned for dam construction, and the construction of other infrastructure projects, such as roads, in the fragile Himalayan State.
    • Other than this, deforestation takes place when dams are constructed.
    • The construction material that is supposed to be dumped on separate land is often dumped into the rivers.

    The Chopra Committee report after Kedarnath flood

    • The Chopra Committee report of 2014 brings more clarity on how dams exacerbate a disaster such as floods.
    • Its report mentions how dams exacerbated the 2013 deluge, mainly as riverbeds were already raised from the disposed muck at the dam construction sites.
    • The report presents evidence to prove that dams are not only damaged in floods, they also cause immense damage in downstream areas.
    • This is because as floodwaters damage a barrage, they increase the destructive capacity of the water that flows downstream of the barrage.
    • In an affidavit submitted on December 5, 2014 in the Supreme Court, the Union Ministry of Environment, Forest and Climate Change acknowledged the adverse impact of dams in the 2013 floods.

    Impact of climate change and threat of earthquakes

    • Himalayan glaciers are receding and disintegrating as a result of climate change, and the snow cover in the Himalayas is also thinning.
    • Research shows an increase in number and volume of glacial lakes as a result of of increased temperatures.
    • For dams, this means rapid increase or decrease in the reservoir water level.
    • It also means that the projections on the life of a dam reservoir may not stand due to erratic events, such as floods, that could rapidly fill a reservoir with muck and boulders brought along with the floods.
    • In terms of earthquake risk, Uttarakhand lies in Seismic Zone-IV (severe intensity) and Seismic Zone-V (very severe intensity).
    • Ignoring this, many dams have been constructed in zones that are under high risk of witnessing severe earthquakes.

    Consider the question “Examine the role played by the dams in exacerbating the disasters in the Himalayan states”

    Conclusion

    It is clear that dams worsen disasters, and for this to be ignored by the State authorities is unfortunate.

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  • Disasters and Disaster Management – Sendai Framework, Floods, Cyclones, etc.

    Flash floods and their mitigation

    | Enviro & Biodiversity | Mains Paper 3: Disaster Management

    This newscard is an excerpt from the original article published in the Indian Express.

    What are Flash floods?

    • A flash flood is a rapid flooding of low-lying areas: washes, rivers, dry lakes and depressions.
    • It may be caused by heavy rain associated with a severe thunderstorm, hurricane, tropical storm, or meltwater from ice or snow flowing over ice sheets or snowfields.

    Take a glimpse of the series of disasters in Uttarakhand

    Chamoli example

    • Flash flood incident in Uttarakhand is another warning of the dangers that a Himalayan state like Uttarakhand faces from natural processes like landslides, snow avalanches cloudbursts or lake bursts.
    • As we saw in 2013 in the same state, such processes can trigger much bigger disasters and cause massive destruction.
    • But it is possible to work towards minimising the threat of such incidents and reduce their impact.

    Role of glacial lakes

    • There are over 1,000 glaciers in Uttarakhand. Almost all of them are receding. Most of the glaciers also have debris cover.
    • When glaciers retreat due to rising temperatures, the snow melts but the debris remains. This debris aids in the formation of lakes.

    Cause: Retreat of glaciers

    • Glaciers have reduced considerably in mass and surface area since the little ice age period.
    • This has led to the formation of a large number of glacial lakes all across the Himalayas.
    • Many of these high-altitude lakes are potentially dangerous, because of their potential to cause flash floods in the event of a breach.

    How big is the threat?

    • Over the years, the frequency of formation of these lakes has increased.
    • But despite that, there are not many GLOF (glacial lake outburst flood) events happening in Uttarakhand.
    • Not as many as in Sikkim, for example. This is because Uttarakhand has very steep slopes, and the water manages to find a way out.

    What should be done?

    (a) Coherent research

    • There are a lot more glaciologists and others who are working in the area and generating data.
    • Multiple scientific groups and institutions are involved. But there is no coherent output. Lots of data are being generated but not being put to good use.
    • There has to be one agency dedicated to the job.

    (b) Monitoring

    • The first step in tackling the threat from these glacial lakes is to start monitoring them and the glaciers more actively and regularly.
    • There is a need to monitor every glacier. Glaciers in one basin do not have remarkably different properties.
    • Relying only on satellites and remote sensing is not going to be enough.
    • What is required is a consolidated state of glaciers in India, with the ability to zoom in on any of them and track the changes happening year by year.

    (c) Planning

    • Construction-related activities in the state might not have a direct link to Chamoli incident, but these are not entirely benign.
    • The Himalayas are very young mountain systems, and extremely fragile and a minor change in orientation of the rocks can be enough to trigger landslides.
    • It is important to include glaciers in any environment impact assessment for major projects such as the construction of dams.
    • The entire catchment areas should be made part of the impact assessment.

    (d) Mitigation

    • If we monitor the glaciers regularly, it would enable us to identify the lakes that need mitigation solutions.
    • Several structural and geotechnical measures can be applied, and there are successful examples where the threat from these lakes has been reduced.
    • It is possible to construct channels for the gradual and regulated discharge of water from these lakes, which will reduce the pressure on them, and minimise the chances of a breach.
    • At the same time, it also reduces the volume of water that goes into the flash flood. Also, alarm systems can be set up at the lakes that will warn the community downstream whenever an overflow happens.

    Way forward

    • It is not possible to completely prevent these kinds of incidents. But their potential to cause destruction can certainly be minimized.
    • Scientists can find a way to let the lake waters slowly drain at the nearby river at a regulated rate so that there is no flooding, and the pressure on the lake does not become unbearable.
    • Such solutions can be applied in Uttarakhand, and some work is being done.

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  • Disasters and Disaster Management – Sendai Framework, Floods, Cyclones, etc.

    Why hydel projects in the Himalayas are worrying?

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

    The flash flood that claimed several lives in Chamoli has caused Uttarakhand’s hydroelectric projects (HEPs) to be scrutinized closely.

    Q.How do hydropower projects pose geological and topographical threats to the ecosystem? (150W)

    Why Hydropower in Uttarakhand?

    • Uttarakhand has a tricky relationship with electricity.
    • With a landscape that’s inhospitable to thermal power grid lines and with people too poor to pay for electricity, micro and mini hydro-electric power projects were seen as the answer.
    • Between the government’s long-standing ‘power for all’ objective, and environmentalists pushing for a cleaner, renewable energy, setting up dozens of hydel power plants seemed ideal.

    Impacts of HEPs

    Limitless quarrying, deforestation, stopping the flow of rivers, and mushrooming of hydropower projects have made the Himalayas unstable.

    • Existing and under-construction hydro-power projects in Uttarakhand have led to several deleterious environmental impacts (Char Dham Committee).
    • Among the significant impacts are on the river ecosystem, forest and terrestrial biodiversity, geological environment and social infrastructure.
    • More than seven years later, some experts believe that over-exploitation of rivers and rampant damming for hydroelectric projects (HEPs) could be one of the big factors responsible for the Chamoli disaster.
    • The ‘river-bed profile’ across the major HEPs of Uttarakhand has changed significantly, suggesting the possibility of disasters in future.

    The Kedarnath floods

    • Between June 13 and 17, 2013, Uttarakhand had received an unusual amount of rainfall.
    • This led to the melting of the Chorabari glacier and the eruption of the Mandakini river.
    • The floods affected large parts of Uttarakhand, Himachal Pradesh and Western Nepal.
    • The heavy rainfall caused massive flash floods and landslides resulting in the death of residents and tourists as well as extensive damage to property.
    • Over 5,000 people were killed in the floods

    Construction still persists

    • Neglecting all warnings of the experts, rampant construction was carried out in the sensitive zones even after the 2013 Kedarnath deluge.
    • Notably, two dozen hydropower plants of Uttarakhand were rejected by the Supreme Court after the expert panel report.

    HEPs in Uttarakhand

    The rivers and basins in the state are dotted with 43 micro hydel projects. Some of them are:

    Alarms have been raised earlier

    • The Kedarnath expert committee had warned about the excessive exploitation of vulnerable regions and the need to re-study and re-evaluate the HEPs of Uttarakhand.
    • The report also objected to HEPs at an altitude of over 2000 metres.
    • The report pointed out that the potential threat of landslide, cloudburst, subsidence, flash floods has increased tremendously in the past few years and many critical zones need immediate attention.
    • The study also mentioned that a lot of anthropogenic pressure due to different activities related to HEPs was alarming and needed checks.

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