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Right To Privacy

What is the ‘Right to be Forgotten’?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 21

Mains level: Right to be forgotten

forgotten

A doctor has requested the Delhi High Court to enforce his ‘Right to Be Forgotten,’ which includes removing news articles and other content related to his “wrongful arrest.”

What is the “Right to Be Forgotten” Law?

  • The “Right to Be Forgotten” law is a legal concept that allows individuals to request the removal of their personal information from the internet.
  • It is based on the idea that individuals have a right to privacy and control over their personal data.
  • The law has been implemented in various forms in different countries, including the European Union, Argentina, and South Korea.

What are the origins of this Right?

  • The Right to be Forgotten was first established by the European Court of Justice in 2014 in the case of “Google Spain SL, Google Inc v Agencia Española de Protección de Datos, Mario Costeja González”.
  • The case was about a Spanish man who wanted to remove a 1998 advertisement about his home being repossessed.
  • The Right to be Forgotten was later included in the EU’s General Data Protection Regulation (GDPR), along with the right to erasure.
  • Article 17 of the GDPR outlines the right to erasure and provides certain conditions when the right can be restricted.

How does it work?

  • The “Right to Be Forgotten” law allows individuals to request the removal of their personal information from search engine results, social media platforms, and other websites.
  • The request must be made to the data controller, who is responsible for managing the personal data.
  • The data controller then evaluates the request and decides whether to remove the information or not.
  • If the request is denied, the individual can appeal the decision to the relevant regulatory authority.

Criticisms of the law

  • Critics argue that the law undermines freedom of expression and the public’s right to access information.
  • They also claim that the law is difficult to enforce and can lead to the censorship of legitimate information.
  • Others argue that the law is too narrow in scope and does not provide adequate protection for individuals’ privacy.

Future of the law

  • The “Right to Be Forgotten” law is still a relatively new legal concept, and its future is uncertain.
  • It is likely that the law will continue to evolve as courts and regulators grapple with its complexities.
  • In the meantime, individuals should be aware of their rights and take steps to protect their personal data online.

What is the law on the Right to be Forgotten?

  • Section 43A of the IT Act, 2000 says that organizations who possess sensitive personal data and fail to maintain appropriate security to safeguard such data, resulting in wrongful loss or wrongful gain to anyone, may be obligated to pay damages to the affected person.
  • IT Rules, 2021 do not include this right, they do however, lay down the procedure for filing complaints with the designated Grievance Officer so as to have content exposing personal information about a complainant removed from the internet.

Judicial precursor to the issue

  • The Right to be Forgotten is not explicitly recognized by Indian law, but it has been considered part of an individual’s Right to Privacy under Article 21 by Indian courts since the 2017 ruling in “K.S.Puttaswamy vs Union of India“.
  • The court acknowledged that this right may be restricted by the right to freedom of expression and information or legal obligations.
  • In 2021, the Delhi High Court directed online platforms to remove publicly available records of a case against an American citizen under the Narcotics Drugs and Psychotropic Substances Act, 1985, who argued that it was affecting his employment prospects.

 

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Heat Waves and the anatomy behind

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Heat Waves

Mains level: Read the attached story

heat

The Indian Meteorological Department (IMD) has already started sensing the first signs of heat waves for this summer season.

What is the news?

  • The IMD warned that the maximum temperatures over northwest, west, and central India would be 3-5° C higher than the long-term average in this week.
  • If the heat waves had played out, they would have been the earliest these regions would have experienced this deadly phenomenon.

What are Heat Waves?

  • Heatwaves generally occur over India between March and June.
  • IMD declares a heatwave event when the maximum (day) temperature for a location in the plains crosses 40 degrees Celsius.
  • Over the hills, the threshold temperature is 30 degrees Celsius.

How are they formed?

  • Heatwaves form when high pressure aloft (3,000–7,600 metres) strengthens and remains over a region for several days up to several weeks.
  • This is common in summer (in both Northern and Southern Hemispheres) as the jet stream ‘follows the sun’.
  • On the equator side of the jet stream, in the upper layers of the atmosphere, is the high pressure area.
  • Summertime weather patterns are generally slower to change than in winter. As a result, this upper level high pressure also moves slowly.
  • Under high pressure, the air subsides (sinks) toward the surface, warming and drying adiabatically, inhibiting convection and preventing the formation of clouds.
  • Reduction of clouds increases shortwave radiation reaching the surface.
  • A low pressure at the surface leads to surface wind from lower latitudes that brings warm air, enhancing the warming.
  • Alternatively, the surface winds could blow from the hot continental interior towards the coastal zone, leading to heat waves.

Following criteria are used to declare heatwave:

To declare heatwave, the below criteria should be met at least in 2 stations in a Meteorological subdivision for at least two consecutive days and it will be declared on the second day.

(a) Based on Departure from Normal

  • Heat Wave: Departure from normal is 4.5°C to 6.4°C
  • Severe Heat Wave: Departure from normal is >6.4°C

(b) Based on Actual Maximum Temperature (for plains only)

  • Heat Wave: When actual maximum temperature ≥ 45°C
  • Severe Heat Wave: When actual maximum temperature ≥47°C

 

Recent context: El Nino + heat waves

  • The last three years have been La Nina years, which has served as a precursor to 2023 likely being an El Nino
  • The El Nino is a complementary phenomenon in which warmer water spreads west-east across the equatorial Pacific Ocean.
  • As we eagerly await the likely birth of an El Nino this year, we have already had a heat wave occur over northwest India.
  • Heat waves tend to be confined to north and northwest India in El Nino years.

Why do heat waves occur in the first place?

  • Heat waves are formed for one of two reasons: because warmer air is flowing in from elsewhere or because something is producing it locally.
  • Air is warmed locally when the air is warmed by higher land surface temperature or because the air sinking down from above is compressed along the way, producing hot air near the surface.

How do different processes contribute to the formation of a heat wave?

  • The direction of air flowing in from the west-northwest, warming in the Middle East, and compression over mountains of Afghanistan and Pakistan cause warm air to enter India.
  • The warming Arabian Sea also contributes to the warming trend.
  • Upper atmospheric westerly winds control near-surface winds, which rotate faster than the planet itself.
  • Additionally, the lapse rate, or the rate at which temperatures cool from surface to upper atmosphere, is declining due to global warming.

Regional occurrences

  • The other factors that affect the formation of heat waves are the age of the air mass and how far it has traveled.
  • The north-northwestern heatwaves are typically formed with air masses that come from 800-1,600 km away and are around two days old.
  • Heat waves over peninsular India on the other hand arrive from the oceans, which are closer (around 200-400 km) and are barely a day old.
  • As a result, they are on average less intense.

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Intellectual Property Rights in India

India ranks 42 among 55 countries on International IP Index

Note4Students

From UPSC perspective, the following things are important :

Prelims level: International IP Index

Mains level: Patenting in India

ip

India ranks 42nd among 55 leading global economies on the International Intellectual Property (IP) Index released by the US Chambers of Commerce.

International IP Index

  • It is released annually by the US Chamber of Commerce.
  • The index evaluates IP rights in 55 global economies across 50 unique indicators.
  • The indicators include patent and copyright policies to commercialization of IP assets, and ratification of international treaties.
  • The index aims to help nations navigate toward a brighter economic future marked by greater innovation, creativity, and competitiveness.

Key prospects for India

  • India is ripe to become a leader for emerging markets seeking to transform their economy through IP-driven innovation said the report.
  • Successful IP-based businesses in India include pharmaceutical companies, software firms, and creative industries.

Key factors contributing to India’s score

  • IP laws
  • Efficiency of its judicial system and
  • Level of enforcement of IP rights

Challenges faced

  • These are some challenges faced by Indian companies in protecting and monetizing their IP include issues such as-
  1. Counterfeiting
  2. Piracy
  3. Weak enforcement of IP laws

IP regime in India

Broadly, the following acts deal with the protection of intellectual property:

  • Trade Marks Act, 1999
  • The Patents Act, 1970 (as amended in 2005)
  • The Copyright Act, 1957
  • The Designs Act, 2000
  • The Geographical Indications of Goods (Registration and Protection) Act, 1999
  • The Semiconductor Integrated Circuits Layout Design Act, 2000
  • The Protection of Plant Varieties and Farmers’ Right Act, 2001
  • The Information Technology Act, 2000

Way forward

  • India must undertake reforms to strengthen IP protection and enforcement, modernizing IP laws, and increasing investment in IP infrastructure.
  • Collaboration between government, industry, and academia is important in improving India’s IP ecosystem/
  • Lessons can be learned from other countries with successful IP regimes, such as the United States, Japan, and South Korea.

 

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Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

Are neutrinos their own anti-particles?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Neutrino, Ant-particles

Mains level: Not Much

neutrino

Central idea: The article discusses recent research on the idea that neutrinos might be their own antiparticles, a concept that has been debated in the scientific community for many years.

What are neutrinos?

  • Neutrinos are fundamental particles that are similar to electrons but have no electric charge.
  • They are one of the most abundant particles in the universe, but they are also one of the most difficult to detect because they interact only very weakly with matter.
  • Neutrinos are created in a variety of natural processes, including nuclear reactions in stars, radioactive decay, and cosmic ray interactions.
  • They are also produced in particle accelerators and nuclear reactors.

Its types

  • Neutrinos come in three different types or “flavors”:
  1. Electron neutrinos
  2. Muon neutrinos, and
  3. Tau neutrinos
  • Each flavor of neutrino is associated with a different charged lepton (electron, muon, or tau).

Why study neutrinos?

  • Because they are electrically neutral and interact only weakly with matter, neutrinos can pass through enormous amounts of material without being stopped or deflected.
  • This property makes them useful for studying astrophysical phenomena such as supernovae and the sun’s interior, as well as for exploring the fundamental nature of matter.

Neutrinos as their own antiparticles

  • Particle physics explains that particles and their antiparticles have opposite properties, and they can annihilate each other when they meet.
  • Neutrinos are fundamental particles that are difficult to detect as they have no electric charge and interact only weakly with matter.
  • The idea that neutrinos could be their own antiparticles is supported by the fact that they are electrically neutral, and they could interact with themselves in a process called neutrinoless double beta decay.

Substantiation of this

  • The Majorana Demonstrator experiment is designed to detect neutrinoless double beta decay.
  • The experiment has reported some promising results that suggest that neutrinos could indeed be their own antiparticles.

Significance of this theory

  • If confirmed, the idea that neutrinos are their own antiparticles could have important implications for our understanding of the fundamental nature of matter and the universe as a whole.
  • More research will be needed before any definitive conclusions can be drawn, but the results of the Majorana Demonstrator experiment provide some promising evidence for the idea that neutrinos are their own antiparticles.

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

What is ‘e-Sanjeevani App’?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: E-Sanjeevani App

Mains level: Telemedicine

sanjeevani

The eSanjeevani app was featured in Prime Minister’s “Mann Ki Baat” address as part of the government’s efforts to promote digital healthcare in the country.

What is the e-Sanjeevani app?

  • E-Sanjeevani is a browser-based platform-independent application that allows for both ‘doctor-to-doctor’ and ‘patient-to-doctor’ teleconsultations.
  • During the Covid pandemic, the union health ministry launched the e-Sanjeevani telemedicine services to ensure that health consultations reach people even in remote villages.
  • At the time of its launch, the union health ministry stated that it was a doctor-to-doctor telemedicine service that would provide general and specialised health care in rural areas.

How does e-Sanjeevani work?

  • The e-Sanjeevani service establishes a virtual link between the beneficiary and doctor or specialist at the hub, which will be a tertiary healthcare facility.
  • This network’s spoke would be a paramedic or generalist at a health and wellness centre.
  • It allows for real-time virtual consultations between doctors and specialists at the hub and the beneficiary (via paramedics) at the spoke.
  • The e-prescription generated at the conclusion of the session is used to obtain medications.

What is the reach of e-Sanjeevani?

  • Sanjeevani HWC is currently operational in approximately 50,000 health and wellness centres across the country.
  • As PM Modi stated in ‘Mann Ki Baat’, the number of tele-consultants using the e-Sanjeevani app has now surpassed 10 crore.
  • Health minister has stated that 100.11 million patients were served at 115,234 Health and Wellness Centres (as spokes) via 15,731 hubs and 1,152 online OPDs staffed by 2,29,057 telemedicine-trained medical specialists and super-specialists.
  • More than 57% of e-Sanjeevani beneficiaries are women, with only about 12% being senior citizens, according to union health ministry.

 

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International Space Agencies – Missions and Discoveries

Upgrades in the ALMA Telescope

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ALMA Telescope

Mains level: NA

alma

The Atacama Large Millimetre/submillimetre Array (ALMA) — a radio telescope in the Atacama Desert of northern Chile is set to get software and hardware upgrades.

What is ALMA?

  • ALMA is a state-of-the-art telescope that studies celestial objects at millimetre and submillimetre wavelengths which can penetrate through dust clouds.
  • It helps astronomers examine dim and distant galaxies and stars out there.
  • It also has extraordinary sensitivity, which allows it to detect even extremely faint radio signals.
  • The telescope consists of 66 high-precision antennas, spread over a distance of up to 16 km.
  • Each antenna is outfitted with a series of receivers, and each receiver is tuned to a specific range of wavelengths on the electromagnetic spectrum.

Who operates ALMA?

  • ALMA is operated under a partnership among the United States, 16 countries in Europe, Canada, Japan, South Korea, Taiwan, and Chile.
  • Fully functional since 2013, the radio telescope was designed, planned and constructed by US, Japan and EU.

Why is ALMA located in Chile’s Atacama Desert?

  • ALMA is situated at an altitude of 16,570 feet (5,050 metres) above sea level on the Chajnantor plateau in Chile’s Atacama Desert.
  • The high altitude and low humidity of the site make it an ideal location for a radio telescope, as there is minimal atmospheric interference.
  • Moreover, the desert is the driest place in the world, meaning most of the nights here are clear of clouds and free of light-distorting moisture — making it a perfect location for examining the universe.

Significant discoveries

  • One of the earliest findings came in 2013 when it discovered starburst galaxies earlier in the universe’s history than they were previously thought to have existed.
  • These newly discovered galaxies represent what today’s most massive galaxies looked like in their energetic, star-forming youth.
  • In 2015, the telescope helped scientists observe a phenomenon known as the Einstein ring, which occurs when light from a galaxy or star passes by a massive object en route to the Earth, in extraordinary detail.

 

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Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

Free Trade Agreements (FTAs) and its Geoeconomic Implications

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Free trade agreements and its advantages

Trade

Central Idea

  • With a projected 7 per cent growth for the ongoing year, the Indian economy is set to register the highest growth rate across all the major economies of the world. Moreover, Indian growth story for the years to come will be shaped by the unfolding geoeconomic and geopolitical forces that will sustain its consumption-driven-growth phenomenon, further driving investment and production.

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What is Regional Trade Agreement (RTA)?

  • RTA is a treaty between two or more countries in a particular region that aims to reduce or eliminate trade barriers, such as tariffs and quotas, to facilitate increased trade between the member countries.
  • RTAs can take various forms, such as Free Trade Agreements, Customs Unions, Common Markets, and Economic Unions.

Trade

What is Free Trade Agreement (FTA)?

  • FTA is a specific type of RTA that eliminates tariffs and other trade barriers on goods traded between the member countries.
  • FTAs may also include provisions on trade in services and investment, but they are primarily focused on reducing tariffs on goods.

India’s tryst with RTAs/ FTAs

  • From 2021, there has been a sudden spurt in signing bilateral trade agreements by India.
  • The India-Mauritius CECPA in 2021, India-UAE CEPA and Australia-India ECTA in 2022, are some examples.
  • Talks on these grounds with the UK and Canada are in advanced stages,
  • Serious intentions on inking FTAs with the EU and Israel have also been expressed.

Geoeconomic Implications

  1. India-UAE Comprehensive Economic Partnership Agreement (CEPA):
  • Western QUAD: The India-UAE CEPA strengthens Indian commitment with I2U2 (i.e. Israel, India, UAE and the United States), also referred to as the western QUAD, a regional force convened in October 2021.
  • Access to the western neighbours: This agreement provides India an access to the western neighbours that can facilitate the process of negotiating trade agreements in the absence of China.
  • Advantage for India-GCC FTA: It puts India a step ahead towards having an India-GCC (Gulf Cooperation Council) FTA, thereby ameliorating its relations with the gulf nations.
  • Boost to economy: On the economic front, the trade pact is envisioned to almost double bilateral commodity trade by 2027, increase service trade and generate 10 lakh jobs in labour-intensive sectors.
  1. The Australia-India Economic Cooperation and Trade Agreement (ECTA)
  • The Australia-India ECTA boosts Australia-India ties on various fronts, including geopolitical one.
  • Once a more comprehensive FTA, i.e. the CECA (Comprehensive Economic Cooperation Agreement) gets inked between the two nations, various other areas such as services, investments, government procurement and intellectual property will be covered.
  • Even within the QUAD, the strong relationship between Australia and India will help in creating an Australia-India niche.
  1. Indo-Pacific Economic Framework for Prosperity (IPEF)
  • The IPEF, an economic initiative driven by the Biden administration with a total of fifteen participating member nations, presents the massive potential to ink a regional trade agreement and create a trade bloc without China.
  • If that happens, India, being a member, will definitely be a beneficiary.

Trade

How FTA’s will lead to Consumption-driven growth?

  • FTAs boosting consumption demand, this can happen through two avenues.
  • Increase consumption choice: The FTAs will enable cheaper imports of commodities and will increase the consumption choice.
  • Multiplier effect on domestic incomes: The second is that the direct multiplier effect of enhanced trade and increased employment will have its multiplier effect on domestic incomes.
  • Increase purchasing power: Both the forces combined together will increase the purchasing power of the consumers, and increase consumption demand.

Trade

Factors that put India at Competitive Advantage

  • India’s demographic dividend: India’s competitive advantage lies with its comparative demographic dividend over China. The under-30 population in India, being about 52 percent, compares favorably with around 40 percent for China, which is going to shrink faster over the next decade. The young population is expected to boost consumption, savings and investments, and will drive consumption-led-growth.
  • Low wage and thereby Cost-competitiveness: Second, as per 2019 estimates, the average Indian wage is 10% of that of China, thereby rendering relative cost-competitiveness to the products manufactured in India as compared to China. This is already enticing foreign investment.
  • National Infrastructure Pipeline: India’s massive emphasis on physical infrastructure through projects like the National Infrastructure Pipeline (NIP) for FY 2019-25 and transport sector growth will reduce the transaction costs of doing business.
  • Reforms in business environment: India has been working extensively to reform its business environment through effective policy practices be it through measures like Production Linked Incentive (PLI) scheme, or bringing about substantial changes in its tax regimes, liberalization of the Foreign Direct Investment (FDI) policies in manufacturing, etc.
  • Digital literacy: It entails digital literacy and English language skills. On both counts, the Indian youth is way ahead of China.
  • Strong Indian Diplomacy: Indian diplomacy is also playing an important role with trade agreements being used as important instruments of diplomacy. This is true for the UAE, Australia, and the partnerships like QUAD (or even IPEF), and I2U2.

Conclusion

  • No doubt, FTAs are emerging as important tools for economic diplomacy for India for deeper levels of engagement with friendly nations. At the same time, the FTAs are two-level games for India. At the international level, it has to negotiate with the concerned nation/s, while at the domestic level it has to negotiate with various contending constituencies. Yet, FTAs’ role as a growth driver through trade and investment cannot be ignored. In addition, with India becoming the most populous nation in the world, surpassing China in January 2023, it presents itself as the largest product and factor market to the global community.

Mains Question

Q. What are FTAs and RTAs? India is enhancing its FTAs and RTAs in recent times. Discuss how it will contribute to the growth of the economy.

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Russian Invasion of Ukraine: Global Implications

Food Security and Energy Crisis In The South Asian neighbourhood

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Russia-Ukraine war, global implications , Food and energy cisis

Central Idea

  • To be sure, the Ukraine-Russia conflict has thrown the energy markets into a crisis in several Global South nations. In addition, the supply cuts by edible-oil exporting countries, alongside the rise in fuel prices, have led to a surge in food prices, making food security a primary concern, especially for the vulnerable sections of society. In addition, China’s COVID-19 surge has dampened global economy, especially in BoB.

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How the South Asian neighbourhood is in flux?

  • Sri Lanka and Pakistan: Sri Lanka and Pakistan are facing economic headwinds, with the former having gone through a full-blown economic collapse and the latter facing huge external debts, power shortages, and extreme inflation.
  • Bangladesh: The IMF sanctioned a precautionary loan of US $4.7 billion to Bangladesh amidst the precarious macroeconomic situation in the country, with high inflation and volatility of the Bangladeshi Taka.
  • Myanmar: A post-coup Myanmar sees a shutdown of businesses and a massive spike in unemployment.
  • Nepal: Nepal, too, sees widening trade deficits and declining foreign exchange reserves.

How Russia-Ukraine war challenges Food security?

  • Russia-Ukraine war and the resulting food crisis: Ukraine and Russia play a significant role in the global food supply chains, further affecting low- and middle-income countries and vulnerable populations already grappling with hunger in the post-pandemic world.
  • Wheat suppliers: Since both countries exported more than one-third of the world’s wheat and barley, and about 70 percent of sunflower oil, governments around the world were severely hit as the war stopped exports of around 20 million tons of Ukrainian grain.
  • Agricultural commodities exports to Asia have dried up: An estimated 6 million tons of agricultural commodities were exported monthly to Asia, Africa, and the Middle East. As of June 2022, this number had dried up to a fifth of its original value.
  • Ripple effects on food prices and availability: According to the United Nations’ (UN) Food and Agriculture Organization (FAO), global food prices have risen by 20 percent. It further predicts a rise in the undernourished population to be between 7.6 to 13.1 million, because of the conflict situation and its ripple effects on food prices and availability.

Sri Lanka: A case of Food security crisis

  • The economic meltdown in Sri Lanka wreaked havoc on the food security of the local population.
  • For Sri Lanka, the sudden switch to organic farming in 2021 worsened its trade performance in the agricultural sector.
  • The island nation had to import sugar, rice, and various other commodities, including intermediate goods in which the economy had had a previous surplus.
  • By 2022, the tea industry, which was a major commodity of exchange, incurred losses of approximately US $425 million, further worsening the economy’s foreign exchange situation.

Energy crisis

  • Heavy on energy imports: The data analysis on energy imports shows that all the countries in Bay of Bengal Initiative for Multi-sectoral Technical and Economic Cooperation (BIMSTEC), especially India, Myanmar, and Bhutan, rely heavily on energy imports.
  • Fuel dependency makes the region highly vulnerable to external shocks: The trade dependency on fuel is a major curse for the region, making it highly vulnerable to exogenous macroeconomic shocks. The Russia-Ukraine conflict underscores the importance of nations having self-reliance regarding energy.
  • Absence of infrastructure and synchronisation in BIMSTEC Grid plan: Despite the BIMSTEC countries having developed a ‘Plan of Action for Energy Cooperation in BIMSTEC’ and also signed a MoU for the establishment of the BIMSTEC Grid Interconnection in August 2018, the absence of required infrastructure and adaptive power market, the lack of synchronisation of the grid system, the lack of financial policies, and other related issues have made progress in energy cooperation slow among the countries in the region.

Bangladesh: In a tough spot

  • Unable to set in motion the transition to renewable energy, alongside heavy dependence on fuel imports, Bangladesh, especially, has been placed in a tough spot concerning energy security.
  • The Russia-Ukraine conflict has added more fuel to this fire. With energy prices climbing upwards and subsidy bills increasing, the fiscal balances and current account deficits have been worrisome for Bangladesh’s economy.
  • The government had to finally put in place some austerity measures. The domestic prices of diesel, kerosene, octane, and petrol were increased to achieve price parity with its neighbours such as India, China, and Nepal.

Way ahead

  • Safeguard against food security crisis: It becomes imperative for regional groupings to set up safeguards against crises where their food security is affected by geopolitical events and domestic macroeconomic threats.
  • Food Bank for BIMSTEC: The idea of a food bank for the BIMSTEC countries modelled on the Association of Southeast Nations (ASEAN) Food Bank is a good start as it will aid in stabilising prices.
  • India urged to develop regional strategy and promoting millets: Recently, in November 2022, India hosted the second Agriculture Ministerial-level meeting of the BIMSTEC nations, where it urged the member countries to develop a regional strategy for transforming agriculture and promoting millets into the food systems.
  • Millets have potential to ameliorate food insecurity: Promotion and intra-regional trade of food items such as millets, where these countries have surplus production, can help ameliorate food insecurity to a large extent.
  • Self-reliance in energy: Overdependence on fuel will make the region more vulnerable and affect its financial stability. Therefore, developing a domestic energy market is critical for the region. This can be achieved by accelerating the green transition.
  • For instance: FDI from Japanese firms has constantly seen more impacts and spillovers in the Indian economy. If Japanese firms’ economies of scale and their potential in developing different green energy technologies could be fully utilised, it would reduce the regional dependence on China, which is currently the dominant player in the domain of solar energy.

Conclusion

  • Regional economies have huge potential to invest in research for green transition technologies and sustainable agriculture which can help them have self-reliant energy and food markets respectively. Led by India, the Bay of Bengal region can lead the way in innovations in renewable forms of energy such as solar and wind.

Mains Question

Q. The South Asian neighbourhood is in flux. Discuss the major challenges and suggest a way ahead.

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Cyber Security – CERTs, Policy, etc

Cyberattacks: India’s Opportunity To Conceptualize Global Cyber Security Framework

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Ransomware, Recent events of Cyberattacks and malwares

Mains level: Cyberattacks, cyber security infrastructure. Read the attached article

Cyberattacks

Central Idea

  • The past few weeks have highlighted the soft underbelly of our fast-expanding digital networks. Ransomwares have emerged as the most predominant of malicious cyberattacks. Here, the perpetrators demand hefty payments for the release of withheld data. Data show that over 75% of Indian organisations have faced such attacks, with each breach costing an average of ₹35 crore of damage.

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Two recent ransomware attacks

  1. Ransomware attack on AIIMS: The first was the ransomware attack on the servers of India’s premium institute, the All-India Institute of Medical Sciences. Nearly 40 million health records were compromised and it took over two weeks for the systems to be brought online.
  2. BlackCat breached Solar Industries Ltd.: Soon afterwards, a ransomware gang, BlackCat, breached the parent company of Solar Industries Limited, one of the Ministry of Defence’s ammunition and explosives manufacturers, and extracted over 2 Terabyte of data.

Cyberattacks

What is mean by Cyber-attack?

  • Cyberattacks are unwelcome attempts to steal, expose, alter, disable or destroy information through unauthorized access to computer systems.
  • These attacks can target various entities such as governments, businesses, organizations, or individuals, and can have serious consequences such as theft of sensitive information, financial loss, reputational damage, or disruption of critical services.

Who is behind cyberattacks?

  • Criminal organizations, state actors and private persons can launch cyberattacks against enterprises. One way to classify cyberattack risks is by outsider versus insider threats.
  1. Outsider threats: External cyber threats include; Organized criminals or criminal groups Professional hackers, like state-sponsored actors, Amateur hackers, like hacktivists
  2. Insider threats: Insider threats are users who have authorized and legitimate access to a company’s assets and abuse them either deliberately or accidentally. They include, Employees careless of security policies and procedures, Disgruntled current or former employees, Business partners, clients, contractors or suppliers with system access

Growing vulnerability

  • There are malwares that could infect all kinds of computer systems: With the lines between the physical and digital realms blurring rapidly, every critical infrastructure, from transportation, power and banking systems, would become extremely vulnerable to the assaults from hostile state and non-state actors.
  • For instance; Cyber capabilities are also playing a pivotal role: As seen in the ongoing conflict in Ukraine, where electronic systems in warheads, radars and communication devices have reportedly been rendered ineffective using hacking and GPS jamming.
  • Cyber security breaches would only increase: With the introduction of 5G and the arrival of quantum computing, the potency of malicious software, and avenues for digital security breaches would only increase.
  • For instance: This year, cybercrimes are expected to cause damage worth an estimated $8 trillion worldwide.

India’s cybersecurity architecture

  • CERT-In: In 2022, the Indian Computer Emergency Response Team (CERT-In), which is India’s cybersecurity agency, introduced a set of guidelines for organisations to comply with when connected to the digital realm. This included the mandatory obligation to report cyberattack incidents within hours of identifying them, and designating a pointsperson with domain knowledge to interact with CERT-In.
  • Draft Digital Personal Protection Bill, 2022: India’s draft Digital Personal Protection Bill 2022 proposes a penalty of up to ₹500 crore for data breaches.
  • Defence Cyber Agency (DCyA): Recently, India’s armed forces created a Defence Cyber Agency, capable of offensive and defensive manoeuvres. All Indian States have their own cyber command and control centres.
  • Cybercrime Co-ordination centre: The Indian Cybercrime Co-ordination Centre (I4C) established by the Ministry of Home Affairs, acts as a nodal point in the response against cybercrime by coordinating with state police forces across the country. It also co-ordinates the implementation of mutual legal assistance treaties (MLAT) with other countries.

Have you heard about “Bluebugging”?

  • It is a form of hacking that lets attackers access a device through its discoverable Bluetooth connection.
  • Once a device or phone is blue-bugged, a hacker can listen to the calls, read and send messages and steal and modify contacts.
  • It started out as a threat for laptops with Bluetooth capability. Later hackers used the technique to target mobile phones and other devices.

Limitations In India’s cybersecurity infrastructure

  • Lack of tools to identify: Most organisations lack the tools to identify cyberattacks, let alone prevent them.
  • Scarcity of cybersecurity professional: India also faces an acute scarcity of cybersecurity professionals. India is projected to have a total workforce of around 3,00,000 people in this sector in contrast to the 1.2 million people in the United States.
  • Private sector participation is limited: Most of our organizations are in the private sector, and their participation remains limited in India’s cybersecurity structures.

Global understanding is essential

  • International cooperation is critical: With most cyberattacks originating from beyond our borders, international cooperation would be critical to keep our digital space secure. It would also be a cause which would find resonance abroad.
  • Cybersecurity treaties: India has already signed cybersecurity treaties, where the countries include the United States, Russia, the United Kingdom, South Korea and the European Union.
  • Multinational frameworks are there but there is no truly global framework: Even in multinational frameworks such as the Quad and the I2U2 (which India is a member of) there are efforts to enhance cooperation in cyber incident responses, technology collaboration, capacity building, and in the improvement of cyber resilience. Yet, there is no truly global framework, with many operating in silos.
  • UNGA established two processes on ICT: The United Nations General Assembly establish two processes on the issues of security in the information and communication technologies (ICT) environment.
  • The Open-ended Working Group (OEWG), comprising the entire UN membership, established through a resolution by Russia.
  • The other is the resolution by the U.S., on the continuation of the Group of Governmental Experts (GGE), comprising 25 countries from all the major regions.
  • Differ vastly on many aspects of Internet: The two antagonistic permanent members of the UN Security Council, counted among India’s most important strategic partners, differ vastly on many aspects of the Internet, including openness, restrictions on data flow, and digital sovereignty. Amidst the turbulent current world events, these UN groups would struggle to have effective dialogues.

Conclusion

  • The G-20 summit this year in India, which will see participation by all the stakeholders driving the global levers of power, is a rare opportunity to bring together domestic and international engagement groups across the spectrum, and steer the direction of these consultations. India could make an effort to conceptualize a global framework of common minimum acceptance for cybersecurity. This would be one of the most significant contributions made by any nation towards collective security in modern times.

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Capital Markets: Challenges and Developments

SEBI approval to launch Social Stock Exchange

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Social Stock Exchange (SSE)

Mains level: Not Much

The National Stock Exchange (NSE) has received final approval from the Securities and Exchange Board of India (SEBI) to set up a Social Stock Exchange (SSE) as a separate segment of the NSE.

What is a Social Stock Exchange?

  • Social Stock Exchange (SSE) is a platform that connects social enterprises with investors who are looking for social impact along with financial returns.
  • Social enterprises are organizations that prioritize social impact over profits.
  • SSE aims to provide these organizations with access to capital markets and raise awareness about social investment opportunities.

Who can get listed for SSEs?

  • Any social enterprise, Non-Profit Organisation (NOPs) or For-Profit Social Enterprises (FPEs), that establishes its primacy of social intent can get registered or listed on the Social Stock Exchange segment.
  • Eligible NPOs can begin by registering on the SSE segment.
  • After onboarding, NPOs can initiate the fund mobilization process by issuing instruments such as Zero Coupon Zero Principal (ZCZP) via a public issue or private placement.
  • Currently, the regulations have prescribed a minimum issue size of Rs 1 crore and a minimum application size for the subscription of Rs 2 lakhs for ZCZP issuance.

How will SSE work?

  • The SSE will be a separate segment on the NSE, where social enterprises can list their securities.
  • These securities will be available for trading to investors who are interested in social impact investing.
  • The SSE will also provide a range of services such as capacity building, impact measurement, and reporting to help social enterprises improve their operations and measure their social impact.

Benefits of SSE

  • For social enterprises, SSE will provide access to capital markets and help them raise funds for their social projects.
  • For investors, SSE will provide a platform to invest in social enterprises and contribute to social impact.
  • SSE will also create a transparent marketplace where investors can assess the social impact of their investments.

 

 

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Freedom of Speech – Defamation, Sedition, etc.

Section 153A: its use and misuse

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Section 153A of IPC

Mains level: Free speech and defamation

153

Central idea: A politician was recently arrested under Section 153A of IPC for the alleged use of objectionable words against the Prime Minister.

Section 153A: What the law says

  • Section 153A of the Indian Penal Code (IPC) penalises “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
  • This is punishable with imprisonment up to three years, or with fine, or with both.
  • The provision was enacted in 1898 and was not in the original penal code.
  • At the time of the amendment, promoting class hatred was a part of the English law of sedition, but was not included in the Indian law.

Charges laid for remarks against PM

The FIR mentioned the use of Sections-

  • 153B(1) (Making imputations, assertions prejudicial to national integration);
  • 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs);
  • 500 (Defamation); and
  • 504 (Intentional insult with intent to provoke breach of the peace).

Conviction rates under Section 153A

  • Data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
  • In 2020, 1,804 cases were registered, six times higher than the 323 cases in 2014.
  • However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

Issues with the law

  • Hate speech laws have been invoked under regimes of all parties to crack down on criticism of public functionaries and to arrest individuals.
  • The invocation of Section 153A is often criticized for restricting free speech and misusing the legal processes for political purposes.

Safeguards against misuse

  • Given that the provisions are worded broadly, there are safeguards against its misuse.
  • For example, Sections 153A and 153B require prior sanction from the government for initiating prosecution.
  • But this is required before the trial begins, and not at the stage of preliminary investigation.
  • To curb indiscriminate arrests, the Supreme Court laid down a set of guidelines in its 2014 ruling in Arnesh Kumar v State of Bihar.
  • As per the guidelines, for offenses that carry a sentence of fewer than seven years, the police cannot automatically arrest an accused before investigation.

 

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Judicial Pendency

What is a Caveat in Judiciary?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Caveat

Mains level: Not Much

Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.

What is a Caveat?

  • In common parlance, a caveat refers to “warning” or “caution”.
  • However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
  • The person lodging the caveat is called a “caveator”.
  • The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
  • However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.

Who can fill the Caveat?

  • Any person has a right to lodge a caveat in a Court.
  • Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
  • The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application

 

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Innovations in Biotechnology and Medical Sciences

CCR5-delta 32 Gene Transplant: Permanent cure of HIV

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CCR5-delta 32 mutation

Mains level: Not Much

hiv

Central idea: This article discusses recent developments in the field of HIV research that have led to the possibility of a cure for the disease.

What is HIV/AIDS?

  • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
  • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
  • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
  • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
  • The human body can’t get rid of HIV and no effective HIV cure exists.

Present treatment of HIV

  • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
  • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

What is the new breakthrough?

  • Doctors selected a donor carrying two copies of a CCR5-delta 32 genetic mutation – a mutation that is known to make the carriers almost immune to HIV.
  • The CCR5-delta 32 genetic mutation is a rare genetic mutation that affects the CCR5 gene, which is involved in the immune system’s response to infection.
  • The mutation causes a deletion of 32 nucleotides in the gene, resulting in a truncated or shortened version of the CCR5 protein.
  • This truncated protein is not able to function normally, and people with this mutation are largely resistant to HIV infection.

How has the CCR5-delta 32 mutation been used in HIV research?

  • Researchers have been studying the CCR5-delta 32 mutation as a potential avenue for developing an HIV cure.
  • One approach involves using gene editing technologies like CRISPR to induce the mutation in HIV-positive individuals, effectively making their immune cells resistant to HIV infection.
  • Another approach involves bone marrow transplantation from donors with the CCR5-delta 32 mutation.

What are the risks associated?

  • Gene editing technologies like CRISPR are still in their early stages, and there are concerns about the safety and effectiveness of these methods.
  • Additionally, bone marrow transplantation is a complex and risky procedure that is not feasible for all HIV-positive individuals.
  • Finally, it is important to note that not all HIV infections are caused by the CCR5 strain of the virus, and therefore the use of the CCR5-delta 32 mutation as an HIV cure would not be effective for all cases of HIV.

Prevalence of HIV/AIDS in India

  • As per the India HIV Estimation 2019 report, the estimated adult (15 to 49 years) HIV prevalence trend has been declining in India since the epidemic’s peak in the year 2000 and has been stabilizing in recent years.
  • In 2019, HIV prevalence among adult males (15–49 years) was estimated at 0.24% and among adult females at 0.20% of the population.
  • There were 23.48 lakh Indians living with HIV in 2019.
  • Maharashtra had the maximum at 3.96 lakh followed by Andhra Pradesh (3.14 lakh) and Karnataka.
  • ART is freely available to all those who require and there are deputed centres across the country where they can be availed from.

 

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R&D Expenditure And The Perils of Inadequate Data

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Gross Domestic Expenditure On Research and Development

Mains level: Research and development in India

Central Idea

  • India’s research and development (R&D) expenditure-GDP ratio of 0.7% is very low when compared to major economies and is much below the world average of 1.8%. The main reason is the low investment in R&D by the corporate sector.

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Overview: Spending’s on R&D in India

  • While the corporate sector accounts for about two-thirds of gross domestic expenditure on R&D (GERD) in leading economies, its share in India is just 37%. There is evidence, however, suggesting that India’s GERD data are an underestimate.
  • A 2022 infobrief of the National Science Foundation (NSF) of the United States on Foreign R&D by U.S.-based multinational corporations (MNCs) shows a spend of $9.5 billion (₹649.7 billion) on R&D in India in 2018, which increased to $9.8 billion (₹690.2 billion) in the following year.
  • There are MNCs from other leading countries also spending on R&D in India.
  • But the latest Research and Development Statistics, published by the Department of Science and Technology (DST) in 2020, has provided an estimate of ₹60.9 billion R&D spending in 2017-18 by foreign MNCs, which is only about 10% of what U.S. firms have reported to have spent in India on R&D.

What is Gross Domestic Expenditure On R&D (GERD)?

  • Gross domestic spending on R&D is defined as the total expenditure (current and capital) on R&D carried out by all resident companies, research institutes, university and government laboratories, etc., in a country.
  • It includes R&D funded from abroad, but excludes domestic funds for R&D performed outside the domestic economy.
  • This indicator is measured in USD constant prices using 2015 base year and Purchasing Power Parities (PPPs) and as percentage of GDP.
  • It is often used as an indicator of a country’s level of innovation and technological progress.

Issues with the current system

  • NSTMIS compiles GERD data: The National Science and Technology Management Information System (NSTMIS) of the DST is the agency that compiles GERD statistics in India.
  • Challenge is to collect data from private sector: It is easier to gather the information on R&D by the government sector, the higher education sector and public sector enterprises. The challenge lies in collecting data from the private corporate sector.

There are two key factors that make the official R&D estimates grossly inadequate

  1. The method used for identification of R&D performing firms does not capture all the R&D performing firms.
  • NSTIMS uses DSIR and Prowess to identify R&D units: A study found only 11% of 298 firms receiving foreign investment (2004-16) for R&D were registered with DSIR. Prowess covers only 3.5% of currently active registered enterprises in India. Leading enterprises in new technology areas may not be listed in both databases, such as SigTuple Technologies.
  • The DSIR list may not have many of the actual R&D performers for two reasons: Firms which consider government incentives as not attractive enough or that are sensitive about sharing critical information with the DSIR may not be inclined to register themselves with the DSIR. 2. It may be difficult for R&D firms in services such as software and R&D services to meet the requirement of having separate infrastructure for R&D to distinguish it from their usual business. In fact, many of the R&D performing enterprises in new technology areas may come under the services category.
  1. The survey conducted by the NSTMIS is the key source of R&D statistics of India
  • Data from Secondary sources works only if firms disclose their R&D spending: If firms don’t respond to the survey, data is collected from secondary sources like annual reports and Prowess. Some firms don’t report R&D spending despite their technology activities, patents and innovators. They may not feel obliged to report accurately to Indian regulatory authorities.
  • For instance: A review of the documents submitted to the Ministry of Corporate Affairs (MCA) by some R&D-oriented firms shows that there are firms which do not report any spending on R&D in spite of their declarations that suggest that they are engaged in activities of technology development, adoption and adaptation.

What is to be done?

  • Short term measure: the NSTMIS should use the patents granted data, both in India and the U.S., in addition to its current method to identify R&D performing enterprises.
  • Mandatory disclosure: Annual R&D estimates can be prepared from mandatory disclosures that the enterprises are required to make to the MCA.
  • Technologies can be employed to ensure compliance and proper reporting: In order to ensure compliance and proper reporting, technologies can be used like in the case of revamped income-tax return forms where various sections are interlinked.
  • Spending data should be made an essential component of ESG: Additionally, proper disclosure of information to regulatory agencies, including R&D spending data, should be made an essential component of the environmental, social and governance (ESG) ranking of enterprises.

Conclusion

  • Concrete data on R&D spending is crucial as it helps to identify areas needing investment, promotes economic growth, informs policymaking decisions, tracks progress, and evaluates policy effectiveness in promoting innovation and technological development. Transforming India’s R&D statistics to truly reflect the R&D ecosystem calls for short-term and medium-term measures.

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Monetary Policy Committee Notifications

Repo Rate Hike: Impact Should be Considered Before Making Decisions

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Inflation

Mains level: The role of MPC, Inflation, repo rate and its impact

Rate

Central Idea

  • In its last meeting, held just a few days after the Union budget, the monetary policy committee (MPC) of the RBI had voted to raise the benchmark repo rate by 25 basis points. The MPC noted that calibrated action was warranted to break the persistence in core inflation. This surprise uptick in inflation is likely to complicate the policy choices before the MPC members when it meets next in the first week of April.

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What is Basis points we often hear about?

  • A basis point is a unit of measurement used to express changes in interest rates, bond yields, and other financial indicators.
  • One basis point is equal to one-hundredth of a percentage point, or 0.01%.
  • For example, If the Reserve Bank of India (RBI) raises the repo rate by 25 basis points, it means that the interest rate has increased by 0.25%.

What it indicates?

  • If the Reserve Bank of India (RBI) keeps raising the repo rate by basis points, it is an indication that the central bank is tightening its monetary policy stance to manage inflationary pressures in the economy.

Back to basics: Monetary Policy Committee (MPC)

  • Committee of RBI to fix the benchmark policy: The Monetary Policy Committee (MPC) is a committee of the RBI, which is entrusted with the task of fixing the benchmark policy interest rate (repo rate) to contain inflation within the specified target level.
  • To bring transparency and accountability: The RBI Act, 1934 was amended by Finance Act (India), 2016 to constitute MPC to bring more transparency and accountability in fixing India’s Monetary Policy.
  • Policy is published after discussion: The policy is published after every meeting with each member explaining his opinions.
  • Answerable to GOI: The committee is answerable to the Government of India if the inflation exceeds the range prescribed for three consecutive months.

What is Inflation?

  • Inflation is an increase in the level of prices of the goods and services that households buy. It is measured as the rate of change of those prices.
  • Typically, prices rise over time, but prices can also fall (a situation called deflation).

The current trends of Inflation

  • Rise in retail inflation: Retail inflation, as measured by the consumer price index, rose to 6.52 per cent in January, up from 5.72 per cent in December, reversing the declining trend seen in the preceding months.
  • Much of the surge was driven by food inflation: The consumer food price index rose to 5.94 per cent, up from 4.19 the month before, driven largely by cereals.
  • Price pressure remain across the economy: Inflation remained elevated in clothing and footwear, household goods and services, personal care effects and education, signalling that price pressures remain fairly broad-based across the economy.

RBI’s Upper tolerance limit for inflation

  • Highest level of inflation that can be tolerated: The upper tolerance limit for inflation set by the Reserve Bank of India (RBI) is the highest level of inflation that the RBI will tolerate before taking action to bring inflation back within its target range.
  • RBI’s limit: The target range is defined in terms of the Consumer Price Index (CPI) inflation and the RBI has set an upper tolerance limit of 6% and a lower tolerance limit of 2% with a central target of 4%. This means that the RBI aims to keep CPI inflation within the range of 2-6%, with a target of 4%.
  • Tools to contain inflation: If inflation exceeds the upper tolerance limit of 6%, the RBI is required to take steps to bring inflation back within the target range. The RBI uses a variety of monetary policy tools to control inflation, including adjusting the policy interest rate, changing reserve requirements for banks, and using open market operations to manage liquidity in the financial system.

Conclusion

  • Monetary policy experts Varma and Goyal suggest pausing to observe the impact of previous tightening before taking further action. Despite a cumulative 250 basis point increase, inflation is still expected to remain above the 6% target. The full impact of previous tightening should be considered before making any decisions.

Mains Question

Q. What is upper threshold of the RBI’s inflation targeting framework? Discuss the impact of policy interest rate hikes on the economy.

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Anti Defection Law

Anti-defection Law and The Loopholes

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Tenth Schedule of the Constitution

Mains level: Anti-defection law and the challenges

defection

Central Idea

  • On February 17, the Election Commission of India (ECI) allotted the name ‘Shiv Sena’ and the party’s Bow and Arrow symbol to Maharashtra Chief Minister Eknath Shinde’s faction, in effect recognizing it as the original party founded by Babasaheb Thackeray.  Strengthening Anti-defection law becomes relevant again.

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Background: The most dramatic and unique political crisis

  • Division in the party: The political crisis in Maharashtra began last year after a group of 40 of the 55 Sena MLAs walked out of the Maha Vikas Aghadi (MVA) alliance under the leadership of Mr. Shinde, which caused a division in the party.
  • Fight of Name and Symbol: Both the Uddhav Thackeray and Shinde sides staked claim to the party name and symbol, each claiming to represent the real Shiv Sena.
  • The ECI said that it had based its decision on a test of majority: It said the group of MLAs supporting the Shinde faction got nearly 76% of the votes polled for the 55 winning Shiv Sena candidates in the 2019 Maharashtra Assembly elections, while the Uddhav Thackeray faction got 23.5% of votes.

Exam Spotlight

  • The crisis has thrown the spotlight once again on the anti-defection law, whose purpose is to prevent political defections.

What is Anti-defection Law?

  • Tenth Schedule: The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature.
  • Power to the speaker: It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.
  • 52nd Amendment Act, 1985: It was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM. The law applies to both Parliament and state assemblies.

What was the need to have this law then?

  1. Vies in favour
  • Defection was recognized as an evil that needed to be curbed: Defections cause destabilization and lead to governments falling, which can have negative impacts on the country’s political and economic stability.
  • Law helps to stabilise party system: The law helps to stabilize party systems by consolidating control of the party leadership instead of relying on ideological cohesion or ownership by constituent legislators.
  1. Views against it
  • Law would curb freedom of opinion of the representatives: Some people thought that the law would curb freedom of speech and affect the free exercise of opinion by the members of the legislature who are elected by the people.
  • Undermines the representative system of democracy: The law effectively does away with the representative system of democracy in India by framing democracy as a contest between factions rather than a system of representation and accountability.
  • Limiting the ability of legislators: The law consolidates power in the hands of the party leadership, potentially limiting the ability of individual legislators to represent their constituents’ interests.

How the law is faring today?

  • Recent events shows that the law needs to be tightened: The kinds of defections which used to take place before the passing of this law are not taking place now. But recent events show that this law needs to be tightened.
  • Third paragraph of tenth schedule was deleted: A little tightening was done earlier by doing away with a split, that is, paragraph three of the Tenth Schedule of the Constitution. It had said, if there is a split in a particular party, and one-third of the legislators move along with the breakaway group, they will not be disqualified. So, split was a defence against disqualification.
  • No authoritative interpretation of the law: there is a very disturbing trend, which is to interpret paragraph four (decision on questions as to disqualification on ground of defection) in a particular way, because there is no authoritative declaration of law from the Supreme Court on the exact application of it.
  • No timeline fixed for the Speaker: In the 10th Schedule currently, there is no timeline fixed for the Speaker to determine the issue and the purpose of this anti-defection law is defeated.

Conclusion

  • People are principal stakeholders in a democracy; parties are merely the institutional intermediaries. Democracy needs stable parties, but controlling legislators removes their representative role. Need of the hour is to fix the loopholes in the system because the continuous cycle of instability adversely affects the people, who are the primary stakeholders in a democracy and suffer the most.

Mains Question

Q. The events of spilt within the political are rising posing a challenge to the Anti defection law In this backdrop discuss the need of Anti defection law?

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Aadhaar Card Issues

60% of India’s voters linked Aadhaar to voter ID: RTI

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Aadhaar- Voter ID Linkage

aadhaar

Central idea: An RTI query has revealed that around 60% of Indian voters have linked their Aadhaar cards with their voter ID cards.

Benefits of Aadhaar linking

  • Voter uniqueness: The move to link Aadhaar and voter ID cards was introduced to prevent electoral fraud and ensure unique identity of each voter.
  • Curb bogus votes: It is expected to help prevent multiple voting, impersonation, and bogus voting, which have been a concern in the past.
  • Facilitate migrant voting: There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.

Is the linking of Aadhaar with one’s Voter ID mandatory?

  • In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
  • It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.
  • This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.

Why was such linking proposed?

The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:

  • Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
  • Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
  • Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.

Issues with mandatory linking: Puttaswamy judgment highlights

  • Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
  • The indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
  • Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
  • Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.

Other judicial observations: Lal Babu Hussein (1995) Case

  • The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
  • The voters are entitled to rely on any other proof of identity and obtain the right to vote.

What are the operational difficulties?

  • Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
  • Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
  • Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
  • Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.

Key concern: Right to Privacy

  • Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
  • This could lead to violation of the right to privacy and surveillance measures by the state.
  • This would leave the EC with the option of verifying its information only through door-to-door checks.
  • There is a lack of enforceable data protection principles that regulate how authentication data will be used.

Way Forward

  • Address privacy and security concerns: There should be strict measures in place to ensure the safety of personal information and prevent data breaches.
  • Provide alternative authentication: The government should provide alternative methods of identity verification. This will help ensure that no citizen is disenfranchised due to the lack of an Aadhaar card.
  • Regular monitoring and evaluation: The government should regularly monitor and evaluate the effectiveness of the linking of Aadhaar and voter ID cards in preventing electoral fraud.

 

 

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Goods and Services Tax (GST)

GST revenues hit a record ₹1.59 lakh CR in January

Note4Students

From UPSC perspective, the following things are important :

Prelims level: GST share in Revenue

Mains level: GST

gst

India’s Goods and Services Tax (GST) revenues grew 12.7% in January to hit almost ₹1.59 lakh crore ($17.9 billion), the second-highest monthly collections on record, as per revised figures from the Finance Ministry.

What led to hike in GST revenue collection?

  • Economic recovery: Discusses how the steady economic recovery in India has led to higher consumption and spending, resulting in increased GST collections
  • Crackdown on Tax evasion: Several measures were taken by the government to streamline the GST system and reduce tax evasion, including the implementation of e-invoicing and the use of technology to track compliance.
  • Crackdown on fraudulent claims: The government’s efforts to crack down on fraudulent input tax credit claims, have also contributed to the increase in GST collections
  • Increase in imports: The higher value of imported goods due to rising commodity prices is another reason behind the increase in GST collections from imports.

What is GST?

  • GST is an indirect tax that has replaced many indirect taxes in India such as excise duty, VAT, services tax, etc.
  • The Goods and Service Tax Act was passed in Parliament on 29th March 2017 and came into effect on 1st July 2017.
  • It is a single domestic indirect tax law for the entire country.
  • It is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
  • Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST.

Answer this PYQ in the comment box:

Q. All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the (CSP 2015):

(a) Contingency Fund of India

(b) Public Account

(c) Consolidated Fund of India

(d) Deposits and Advances Fund

 

Post your answers here

 

What are the components of GST?

There are three taxes applicable under this system:

  1. CGST: It is the tax collected by the Central Government on an intra-state sale (e.g., a transaction happening within Maharashtra)
  2. SGST: It is the tax collected by the state government on an intra-state sale (e.g., a transaction happening within Maharashtra)
  3. IGST: It is a tax collected by the Central Government for an inter-state sale (e.g., Maharashtra to Tamil Nadu)

Advantages of GST

  • GST has mainly removed the cascading effect on the sale of goods and services.
  • Removal of the cascading effect has impacted the cost of goods.
  • Since the GST regime eliminates the tax on tax, the cost of goods decreases.
  • Also, GST is mainly technologically driven.
  • All the activities like registration, return filing, application for refund and response to notice needs to be done online on the GST portal, which accelerates the processes.

Issues with GST

  • High operational cost
  • GST has given rise to complexity for many business owners across the nation.
  • GST has received criticism for being called a ‘Disability Tax’ as it now taxes articles such as braille paper, wheelchairs, hearing aid etc.
  • Petrol is not under GST, which goes against the ideals of the unification of commodities.

Take a look at the share of GST in government earnings for the previous fiscal:

gst

UPSC can ask about the majority component of the Revenue Receipts of the govt. See how Corporate tax is nearing the GST revenues.

Do you think it will surpass GST revenue when the economy is fully recovered?

 

 

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Judicial Reforms

CJI announces launch of ‘Neutral Citations’ for SC judgements

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Neutral Citiation

Mains level: Not Much

The CJI expressed hope that High Courts too would follow neutral citation for their judgments. The Delhi, Kerala, and Madras HCs have already introduced neutral citation.

What is a “Citation”?

  • A case citation is essentially an identification tag for a judgment.
  • Typically, it would contain a reference number, the year of the judgment, the name of the court that delivered that judgment, and a shorthand for the journal publishing the judgment.

And what is a neutral citation?

  • A neutral citation would mean that the court would assign its own citation — distinct from those given by traditional Law Reporters.
  • Law Reporters are periodicals or annual digests that publish judgments, often with an editorial note to make it accessible for lawyers to refer to precedents.
  • For example, for the landmark Kesavananda Bharati case, the citation in ‘Supreme Court Cases’, a journal published by the Eastern Book Company, is (1973) 4 SCC 225.
  • In the All India Reporter (AIR), the citation is AIR 1973 SC 1461.

Why is a neutral system good or necessary?

  • Judgments mention citations while referring to precedents and often use citations from different Law Reporters.
  • With artificial intelligence (AI) enabled translation of judgments and transcribing of court proceedings, a uniform citation is necessary.
  • Several High Courts including Delhi High Court have started a neutral citation format.
  • The Delhi HC neutral citation is, for example, in this format: No-YEAR/DHC/XXXXXX

How will the SC implement the neutral citation system?

  • Our recent initiative is neutral citations for all judgments of the Supreme Court.
  • So all 30,000 judgments are going to have neutral citations.
  • First tranche will be till January 1, 2023, then the other tranche will be till judgments from 2014 and then finally we will go back to 1950.

 

 

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

Four-day workweek: Analysis

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: 4-day work week, advantages and disadvantages

Four-day workweek

Central Idea

  • Much is being made about the major breakthrough in one of the largest-ever experiments with a four-day workweek in Britain. Sixty-one companies were part of the six-month trial and 56 of them have opted to continue with the program, while 18 have made it permanent. 4 Day Week Global trial, overseen by Autonomy, aimed to improve work-life balance by allowing workers to work four days instead of five with the same salary and workload.

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Advantages of implementing a four-day workweek

  • Improved Work-life balance: Having a positive work-life balance can also allow professionals to adopt a better attitude about their work, as they can return to their jobs well-rested. This can help employees remain productive and enthusiastic while working.
  • Increased job satisfaction: With more free time, employees may feel more satisfied with their jobs and be more engaged at work.
  • Reduced absenteeism and turnover: Offering a four-day workweek could make companies more attractive to potential employees, and employees may be less likely to miss work or leave their jobs if they have a better work-life balance.
  • Increased productivity: Some studies have shown that shorter workweeks can actually boost productivity, as employees may be more focused and efficient during their work hours.
  • Positive environmental impact: Working four days per week decreases the number of times a professional commute to work. This is helpful to the environment, as most vehicles produce emissions that can harm the environment.

Four-day workweek

Potential disadvantages

  • Limited impact: The benefits of a four-day workweek may be limited in certain industries or job types, such as those that require shift work or have strict deadlines.
  • Increased workload: Employees may feel pressure to complete the same amount of work in fewer hours, resulting in an increased workload and potential burnout.
  • Reduced productivity: Some employees may find it difficult to maintain focus and productivity over longer workdays. This could lead to a decrease in overall output and quality of work.
  • Impact on customer service: If businesses are closed for an extra day each week, it may be more difficult to provide customer service or maintain consistent operating hours.
  • Reduced income: With a shorter workweek, employees may see a reduction in their pay, which could be a disadvantage for those who rely on their income to cover living expenses.

Examples of companies/organizations considering a four-day workweek

  • Microsoft Japan: In 2019, the tech giant conducted a trial where employees worked a four-day week and saw a 40% increase in productivity.
  • Iceland: A number of companies and organizations in Iceland have experimented with shorter workweeks, including the country’s government, which is exploring a four-day workweek for public servants.
  • New Zealand: Unilever New Zealand recently announced it would be trialing a four-day workweek for all of its employees, while the country’s prime minister, Jacinda Ardern, has previously spoken in favor of the idea.
  • Spain: The government of Spain has proposed a three-year trial of a four-day workweek, with the goal of improving work-life balance and boosting productivity.

Four-day workweek

Feasibility of Four-day workweek in India’s context

  • Will require a careful analysis: The feasibility and impact of a four-day workweek in India would depend on various factors such as industry type, workforce demographics, and cultural norms. Implementing a four-day workweek in India would require careful analysis of various factors.
  • For instance: With the rise of remote work and the increased focus on work-life balance four day week option could be helpful to enhance productivity with improved work life balance in corporate sector.
  • Complex regulations: India’s labour laws and regulations are complex and provide significant protections for workers. Any changes to work arrangements, including a four-day workweek, would need to comply with these laws and ensure that employees’ rights and benefits are protected.
  • For example: Any reduction in working hours would need to be accompanied by appropriate compensation and benefits to ensure that employees do not suffer financial losses.
  • Specific needs of industries: The feasibility of a four-day workweek would depend on the specific needs of different industries.
  • For instance: While some knowledge-based sectors may be well-suited to a four-day workweek, industries that require continuous operations or shift work, such as manufacturing or healthcare, may face significant challenges in implementing a shorter workweek.

Conclusion

  • It’s important to carefully consider the potential advantages and disadvantages of a four-day workweek before implementing it in any workplace. The impact may vary depending on the specific work arrangements and the needs of the employees and customers.

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