From UPSC perspective, the following things are important :
Prelims level: Free Trade Agreements
Mains level: Indias FTA's and frameworks and its significance
Context
To achieve the export target of $2 trillion by 2030, India is going the whole hog on free trade agreements (FTAs). India is negotiating FTAs with countries such as the European Union, Canada, the U.K., and Israel.
Importance of FTA
FTA include multiple trade aspects: FTAs cover a wide array of topics such as tariff reduction impacting the entire manufacturing and the agricultural sector; rules on services trade; digital issues such as data localization; intellectual property rights that may have an impact on the accessibility of drugs; and investment promotion, facilitation, and protection.
Great impact on economy and society: Consequently, an FTA has a far-reaching impact on the economy and society. Given this, one legitimately expects transparency and greater scrutiny of the FTA process both during and after the negotiations.
What are the problems with Indian FTA negotiations?
Lack of transparency in negotiations: India negotiates most FTAs behind closed doors with very little information about the objectives and processes followed and negligible scrutiny.
No robust framework for FTA negotiations: This is not the case in other countries with whom India is negotiating such an FTA. In the U.K., for example, there are several robust mechanisms that foster a certain degree of transparency in the FTA negotiations. Furthermore, there are institutional apparatuses that enable the scrutiny of the actions of the executive, during and after the signing of the FTA.
Detailed information on FTA’s: Department of International Trade (DFIT), U.K., publishes a policy paper laying down the strategic objectives behind negotiating an FTA and why it is important for the U.K. to have an FTA with a particular country. This policy paper is fairly detailed listing the specific advantages of signing an FTA such as the economic gains expected, distributional impacts, the environmental impact, and the labour and human rights dimensions of the FTA.
Inputs from stakeholders: The policy paper that the DFIT publishes also contains the inputs and responses received by various stakeholders such as businesses, non-governmental organizations, and others. Furthermore, the policy paper also explains the government view on specific suggestions
FTA scrutiny by parliament: In the U.K., the strategic objectives identified by the government for signing an FTA are scrutinized by the U.K. Parliament. This job is performed by the International Agreements Committee (IAC) of the British Parliament. The IAC hears expert witnesses on the FTA, critically examines the government’s strategic objectives for each FTA under negotiation, and offers key recommendations wherever it finds gaps in the government’s approach. The U.K. government then responds to these recommendations.
Parliament has to ratify the FTA: In the U.K, under the Constitutional Reform and Governance Act, 2010, the executive has to lay down a treaty before the British Parliament for 21 sitting days with an explanatory memorandum before ratifying it. This allows Parliament to be apprised of the treaty the executive is going to ratify.
The contrast case of India’s FTA
No publicly produced document in India: In India, no such document is produced publicly that makes a case for signing an FTA and assessing its impact on the environment and society at large. The Commerce Ministry the nodal body dealing with FTAs on its website provides the bare minimum information about FTA negotiations.
No record of discussion with the stakeholders: Seemingly, the Commerce Ministry also undertakes stakeholder consultations and inter-ministerial meetings but there is no public record of these discussions and the government’s response to the concerns of stakeholders.
No parliamentary scrutiny: In India, there is no mechanism for such parliamentary scrutiny of the executive’s actions during the FTA negotiations. India’s parliamentary system allows for department-related parliamentary committees that discuss various topics of importance and offer recommendations. However, the Parliamentary Standing Committee on Commerce (PSCC) rarely scrutinises the Indian government’s objectives behind negotiating and signing an FTA.
No role for parliament to ratify the FTA: In India, there is no mechanism for any role of Parliament in the ratification of treaties including FTAs. Entering into treaties and matters incidental to it such as negotiations, signing and ratification are within the constitutional competence of Parliament. But, Parliament in the last seven-plus decades has not exercised its power on this issue, thus giving the executive unfettered freedom in negotiating, signing, and ratifying treaties including FTAs.
Recommendations for Improving the India’s FTA framework
Publicise the objectives of FTA: India should take a leaf out of the U.K. book and develop a law on entering treaties including FTAs. This law should have the following parts. The executive should make a clear economic case outlining its strategic objectives publicly for entering into negotiations for a treaty such as an FTA.
Mandatory consultation with all stakeholders: The executive should be under an obligation to consult all stakeholders, respond to their concerns and make this information publicly available.
Dedicated parliamentary committee to scrutinize the FTA: The Indian Parliament should constitute a committee on the lines of the U.K.’s IAC that will scrutinise the strategic objectives behind entering into an FTA.
Mechanism to ratify the FTA by parliament: The executive should place the FTA on the floor of Parliament for a certain duration, allowing Parliament to debate it, before ratifying it.
Conclusion
While the executive’s constitutional prerogative of entering into an FTA or international treaties, in general, is indisputable, this power should be exercised in a manner that makes the executive answerable. After all, an integral facet of democracy is to hold the executive to account for its actions. It should be no different for negotiating international treaties including FTAs.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Vice-Chancellor Appointment and Centre state relation
Context
Recent judgments of the Supreme Court of India on the appointment of vice chancellors (VC) in State universities in violation of the regulations of the University Grants Commission (UGC) are significant in the context of higher education in a federal country such as India.
Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022): In the case, Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022), from Sardar Patel University, Gujarat, the Court (Justices M.R. Shah and B.V. Nagarathna) quashed the appointment of the incumbent Vice Chancellor on the ground that the search committee did not form a panel for the appointment of VC, and, therefore, was not in accordance with the UGC Regulations of 2018.
UGC regulations will prevail over state law: It was held that since the State law was repugnant to the UGC regulations, the latter would prevail and the appointment under the State law had become void ab initio.
Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022): In the second case, from Kerala, i.e., Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022), with the Bench of Justices M.R. Shah and M.M. Sundresh, the appointment of the Vice Chancellor of the A.P.J. Abdul Kalam Technological University, Thiruvananthapuram, was challenged on the ground that the search committee recommended only one name, which is against the UGC Regulations.
Supreme court quashed the appointment of VCs: The Court quashed the appointment of the VC on the ground that the provision relating to the search committee in the University Act is repugnant to the UGC Regulations, and was therefore void.
Implications of the recent judgement
Many VCs asked to resigned by Governor: Decision of the Supreme Court triggered unprecedented developments in Kerala with the State Governor, who is the Chancellor of all the universities in Kerala, asking as many as 11 VCs of other universities of the State to resign immediately on the ground that their appointments too had become void after the Supreme Court’s judgment.
Tussle between governor and state: No VC has resigned as per the direction of the Governor. This development has intensified an already raging battle between the state government and the Governor, which is likely to become fiercer with the Kerala High Court quashing the appointment of the VC of the Kerala University of Fisheries and Ocean Studies on November 14 on the ground that this appointment was in violation of the UGC Regulations.
What are the legal and constitutional issues with judgement?
UGC regulations vs state university Act: In both these cases, the issue framed by the Supreme Court is about whether the appointment of VCs should be made as per the UGC Regulations or the provisions of the State University Act.
Education in concurrent list, Centre and state can make a legislation: As education is a subject on the Concurrent list, this question needs to be addressed seriously. A VC is appointed by the Chancellor under the relevant University Act, but the Supreme Court has brought in Article 254 of the Constitution to rule that if provisions of the State law are repugnant to the provisions of the Union law, the State law will become void.
State law declared void over UGC violations: In the cases mentioned above, the top court found that the search committee recommended only one name for the appointment of VC which violates the UGC Regulations which require three to five names, and, therefore, the provision of the State law is void.
Subordinate regulations prevailed over state law: Thus, the Court’s conclusion is that if any provision in the State university law is repugnant to the UGC Regulations, the latter will prevail and the former will become void. So, on the one side we have an Act passed by a legislature and on the other we have regulations made by a subordinate body such as the UGC.
Opinion of experts
State laws are subordinate to the act of parliament: A careful reading of Article 254 would show that the repugnancy under this Article relates to a state law and a substantive law made by Parliament. It impliedly excludes rules, regulations, etc. Rules and regulations are made by subordinate authorities in this case the UGC whereas the substantive law is made by the superior authority, namely Parliament.
State laws are not subordinate to UGC regulations: The repugnancy can arise only between the provisions of the University Acts and the UGC Act, and not the regulations of the UGC.
UGC regulations are inferior to state assembly: The rules and regulations made by the subordinate authority, though laid in Parliament, do not go through the same process as a law. Normally these do not require the approval of Parliament. The rules and regulations have an inferior status as compared to an Act. The Constitution cannot be assumed to equate the Act with the rules.
Article 254 does not include regulations: The Constitution does not, in general terms, define the term law. The inclusive definition of law given in Article 13(2) is applicable only to that Article. It has no application to other Articles, which means the term law does not include the rules, regulations, etc. for the purpose of Article 254.
Violation of federal principle: The regulations made by a subordinate authority of the Union overriding a law made by a state legislature will amount to a violation of federal principles and a negation of the concurrent legislative power granted to the State by the Constitution.
UGC regulations are Not part of UGC act: The UGC Regulations on the appointment of VCs are outside the scope of the main provisions of the UGC Act as none of its provisions refers to the appointment of VCs.
Conclusion
Issue of appointment of vice-chancellor has opened the new conflicting chapter between Centre-state relations. Supreme court’s decision has further added the confusion rather than clarity to the issue. Supreme court need to review the judgements for harmonious relations between Centre and states.
Mains Question
Q. Explain the article 254 about Centre-state legislative relations? How the issue of vice-chancellor appointment is problematic for Centre-state relationship?
Prelims Only | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Carbon Border Tax
Mains level: Not Much
BASIC countries that includes India has jointly stated that carbon border taxes, that could result in market distortion and aggravate the trust deficit amongst parties, must be avoided.
EU proposes, BASIC opposes
The European Union has proposed a policy — called the Carbon Border Adjustment Mechanism– to tax products such as cement and steel that are extremely carbon intensive, with effect from 2026.
BASIC, a group constituting Brazil, India, South Africa and China have opposed this move.
These are large economies that are significantly dependent on coal, has for several years voiced common concerns and reiterated their right to use fossil fuel.
What is Carbon Pricing?
Carbon pricing is an approach to reducing carbon emissions that uses market mechanisms to pass the cost of emitting to emitters.
Its goal is to discourage the use of fossil fuels, address the causes of the climate crisis and meet national and international agreements.
Well-designed carbon pricing can change the behavior of consumers, businesses and investors while encouraging technological innovation and generating revenue that can be used productively.
There are a few carbon pricing instruments, such as a carbon tax and cap-and-trade programmes.
What is Carbon Border Tax?
A carbon border tax (CBT) is a tax on carbon emissions attributed to imported goods that have not been carbon-taxed at source.
The carbon border tax proposal is part of the European Commission’s European Green Deal that endeavours to make Europe the first climate-neutral continent by 2050.
Objective:
To ‘incentivize’ greener manufacturing around the world and create parity with European manufacturers who are already subjected to substantial carbon levies.
A move to benefit local EU manufacturers
The carbon border tax has wide appeal in Europe. It is supported by the new president of the European Commission.
A carbon border tax is able to protect a country’s local manufacturers, motivating them to adhere to green regulations.
Many EU companies are at a cost disadvantage as they have been paying a carbon border tax and for carbon emissions since 2005 under the EU’s Emissions Trading System.
The new carbon border tax can therefore lead to a more level playing field against importers, especially those from nations with more lax environmental standards.
What could the new proposal mean politically?
Notably, China’s continuing reliance on non-renewable energy to power its economy leaves it particularly vulnerable in this matter.
For example, given that China produces steel with blast furnaces that release a large amount of carbon, it will have to pay an additional layer of carbon border tax, which will increase its costs and its market price.
This will consequently reduce the competitiveness of steel produced in China, compared to steel from other countries that is made in more carbon-efficient mills that do not have to pay this additional tax.
This suggests that the carbon border tax is also politically preferable to Europe as it slows down the gradually rising economy in China, and would therefore preserve the European countries’ competitiveness.
How does this impact India?
As India’s third largest trading partner, the EU accounted for €62.8 billion ($74.5 billion) worth of trade in goods in 2020, or 11.1% of India’s total global trade.
India’s exports to the EU were worth $41.36 billion in 2020-21, as per data from the commerce ministry.
The CBT would cover energy-intensive sectors such as cement, steel, aluminium, oil refinery, paper, glass, chemicals as well as the power sector.
By increasing the prices of Indian-made goods in the EU, this tax would make Indian goods less attractive for buyers and could shrink demand.
Sadly, India’s many ‘self-reliance’ tariffs are also a contributor to this.
Issues with CBT
Impact on trade: The degree of impact on industrial sectors would be largely influenced by two factors: carbon intensity and trade intensity.
Altering competitiveness: For companies, it will raise the administrative burden of crossing borders and increase trade frictions, especially for small businesses. That will inevitably reduce choice and raise costs for consumers.
Promoting protectionism: The carbon tax may end up being protectionist, and will hit emerging economies like India hard.
Unfair practices under WTO: Depending on their design they could fall foul of WTO measures designed to prevent importing countries from discriminating against particular exporting countries.
A violation of Paris Accord: CBT compels developing countries to pay the same price as the developed countries to climate change. The EU is essentially bypassing the principle of ‘common but differentiated responsibilities’ that should guide international climate action.
Way forward
Carbon taxing is just one way of holding large emitters accountable for their role in harming the environment.
However, fundamental changes can’t be forced by tariffs.
If the planet is to have any hope of meeting the Paris Agreement goals, drastic measures that consider both the economic and social wellbeing of nations’ inhabitants must be taken.
This should take all nations into confidence than imposing such overnight tariffs.
It is no doubt that India must be in the forefront in climate politics. But it must also be cautious about the negotiations in global laws to protect domestic interests.
From UPSC perspective, the following things are important :
Prelims level: Permanent Comission
Mains level: Women in Armed Forces
The Supreme Court has ordered the government to grant pension to women officers who fought for 12 years to get reinstatement and permanent commission in the Indian Air Force (IAF).
Women in IAF: A case for Permanent commission
History is replete with examples where women have been denied their just entitlements under law and the right to fair and equal treatment in the workplace.
The women had been fighting for 12 years for a chance to be considered for permanent commission.
The women pointed out to the court’s judgment in Babita Puniya Case.
It upheld the right of women short service commission officers to be considered for permanent commission on a par with their men colleagues.
Why males have ever dominated the armed forces?
Militaries across the world help entrench hegemonic masculine notions of aggressiveness, strength and heterosexual prowess in and outside their barracks.
The military training focuses on creating new bonds of brotherhood and camaraderie between them based on militarized masculinity.
This temperament is considered in order to enable conscripts to survive the tough conditions of military life and to be able to kill without guilt.
To create these new bonds, militaries construct a racial, sexual, gendered “other”, attributes of whom the soldier must routinely and emphatically reject.
Dimensions of the Issue
Gender is not a hindrance: As long as an applicant is qualified for a position, one’s gender is arbitrary. It is easy to recruit and deploy women who are in better shape than many men sent into combat.
Combat Readiness: Allowing a mixed-gender force keeps the military strong. The armed forces are severely troubled by falling retention and recruitment rates. This can be addressed by allowing women in the combat role.
Effectiveness: The blanket restriction for women limits the ability of commanders in theatre to pick the most capable person for the job.
Tradition: Training will be required to facilitate the integration of women into combat units. Cultures change over time and the masculine subculture can evolve too.
Cultural Differences & Demographics: Women are more effective in some circumstances than men. Allowing women to serve doubles the talent pool for delicate and sensitive jobs that require interpersonal skills, not every soldier has.
Hurdles for Women
Capabilities of women: Although women are equally capable, if not more capable than men, there might be situations that could affect the capabilities of women such as absence during pregnancy and catering to the responsibilities of motherhood, etc.
Adjusting with the masculine setup: To then simply add women to this existing patriarchal setup, without challenging the notions of masculinity, can hardly be seen as “gender advancement”.
Fear of sexual harassment: Sexual harassment faced by women military officers is a global phenomenon that remains largely unaddressed, and women often face retaliation when they do complain.
Gender progressiveness could be an illusion: Women’s inclusion is criticized as just another manoeuvre to camouflage women’s subjugation and service as women’s liberation.
Battle of ‘Acceptance’: Acceptance of women in the military has not been smooth in any country. Every army has to mould the attitude of its society at large and male soldiers in particular to enhance acceptability of women in the military.
Job Satisfaction: Most women feel that their competence is not given due recognition. Seniors tend to be over-indulgent without valuing their views. They are generally marginalised and not involved in any major decision-making.
Doubts about Role Definition: The profession of arms is all about violence and brutality. To kill another human is not moral but soldiers are trained to kill.
Physical and Physiological Issues: The natural physical differences in stature, strength, and body composition between the sexes make women more vulnerable to certain types of injuries and medical problems. The natural processes of menstruation and pregnancy make women particularly vulnerable in combat situations.
Comfort Level: Most women accepted the fact that their presence amongst males tends to make the environment ‘formal and stiff’. The mutual comfort level between men and women colleagues is often very low.
Conclusion
Concern for equality of sexes or political expediency should not influence defence policies.
Armed forces have been constituted with the sole purpose of ensuring defence of the country and all policy decisions should be guided by this overriding factor.
All matters concerning defence of the country have to be considered in a dispassionate manner.
No decision should be taken which even remotely affects the cohesiveness and efficiency of the military.
Way ahead
Induction of women into armed forces should be on the basis of their abilities and not on the basis of their gender.
The training for both women and men should be standardized to eliminate differentiation based on physical capabilities.
The career aspects and opportunities for women need to be viewed holistically keeping the final aim in focus.
From UPSC perspective, the following things are important :
Prelims level: National Pension Scheme
Mains level: Pension reforms in India
Some political parties are promising to switch to the Old Pension Scheme in the opposition-ruled states.
Old Pension Scheme
Pension to government employees at the Centre as well as states was fixed at 50 per cent of the last drawn basic pay.
The attraction of the Old Pension Scheme or ‘OPS’ — called so since it existed before a new pension system came into effect for those joining government service from January 1, 2004.
It was hence described as a ‘Defined Benefit Scheme’.
To illustrate, if a government employee’s basic monthly salary at the time of retirement was Rs 10,000, she would be assured of a pension of Rs 5,000.
Also, like the salaries of government employees, the monthly pay-outs of pensioners also increased with hikes in dearness allowance or DA.
What were the concerns with the OPS?
Liability remained unfunded: There was no corpus specifically for pension, which would grow continuously and could be dipped into for payments.
Usual budgetary allocation: The Union budgetary allocations (Rs 3,86,001 crore in 2020-21) provided for pensions every year; there was no clear plan on how to pay year after year in the future.
Burden on working class: The ‘pay-as-you-go’ scheme created inter-generational equity issues — meaning the present generation had to bear the continuously rising burden of pensioners.
Far extended pay-outs: Better health facilities would increase life expectancy, and increased longevity would mean extended payouts.
What was planned to address this situation?
Ans.Oasis Project
In 1998, the Union Ministry of Social Justice and Empowerment commissioned a report for an Old Age Social and Income Security (OASIS) project.
Its primary objective was targeted at unorganised sector workers who had no old age income security.
The OASIS report recommended individuals could invest in three types of funds to be floated by six fund managers:
Safe (allowing up to 10 per cent investment in equity),
Balanced (up to 30 per cent in equity), and
Growth (up to 50 per cent in equity)
The balance would be invested in corporate bonds or government securities.
Individuals would have unique retirement accounts, and would be required to invest at least Rs 500 a year.
Alternative to OPS: New Pension Scheme
The New Pension System was proposed by the Project OASIS report; it became the basis for pension reforms.
It was originally conceived for unorganised sector workers, was adopted by the government for its own employees.
The NPS for Central government employees was notified on December 22, 2003.
Unlike some other countries, the NPS was for prospective employees — it was made mandatory for all new recruits joining government service from January 1, 2004.
The defined contribution comprised 10 per cent of the basic salary and DA by the employee and a matching contribution by the government — this was Tier 1, with contributions being mandatory.
In January 2019, the government increased its contribution to 14 per cent of the basic salary and dearness allowance.
Schemes under the NPS are offered by nine pension fund managers — sponsored by SBI, LIC, UTI, HDFC, ICICI, Kotak Mahindra, Aditya Birla, Tata, and Max.
Risk profiles under NPS
NPS is now regulated under the Pension Fund Regulatory & Development Authority (PFRDA) Act, 2013.
The risk profiles of various schemes offered by these players vary from ‘low’ to ‘very high’.
The 10-year return for the NPS Scheme-Central Government floated by SBI, LIC, and UTI stood at 9.22 per cent; the 5-year return at 7.99 per cent, and the 1-year return at 2.34 per cent.
Returns on high-risk schemes could be as high as 15 per cent.
Issues with OPS
Burden on exchequer: In 30 years, the cumulative pension bill of states has jumped to Rs 3,86,001 crore in 2020-21 from Rs 3,131 crore in 1990-91.
Huge share of tax receipts: Overall, pension payments by states eat away a quarter of their own tax revenues. If wages and salaries of state government employees are added to this bill, states are left with hardly anything from their own tax receipts.
Issue of inter-generational equity: Today’s taxpayers are paying for the ever-increasing pensions of retirees, with Pay Commission awards almost taking the pension of old retirees to current levels. It means the pension of someone who retired in 1995 may well be the same as that for someone who retires in 2025.
Why states are reverting back to OPS?
OPS brings state governments some short-term gains:
Deferment to contribution: They save money since they will not have to put the 10 per cent matching contribution towards employee pension funds.
Low curtailment in salaries: For employees too, it will result in higher take-home salaries, since they too will not set aside 10 per cent of their basic pay and dearness allowance towards pension funds.
Old age security: Some government employees are concerned that their pension may not be the same as 50 per cent of their last salary drawn (as in the OPS).
Why need pensions at all?
Pension helps you accumulate a part of your income, over a long period, so that this money can be used post-retirement.
They provide a steady source of income when one needs the most.
It helps inculcate fiscal discipline.
Conclusion
NPS vs. OPS will play out in the Himachal Assembly elections with freebie trending parties considering following the same trend as Rajasthan, Chhattisgarh and Jharkhand.
The fiscal risks involved in the transition of NPS-borne employees to OPS regime are substantive and to a great extent unsustainable keeping in view the existing share of pensionary liability in government expenditure.
It is estimated that the cost incurred by the government on pension is more than double the cost of NPS contribution in the long run.
From UPSC perspective, the following things are important :
Prelims level: Patan Patola
Mains level: Not Much
At the G20 summit, Prime Minister gifted traditional artworks from Gujarat- the ‘Patan Patola’ scarf to his Italian counterpart Giorgia Meloni.
What is Patan Patola?
The ancient art of double ikat or Patola woven in pure silk dates back to the 11th century.
The Patola fabrics bear an equal intensity of colours and design on both sides.
This peculiar quality has its origins in an intricate and difficult technique of dyeing or knot dyeing, known as ‘bandhani’, on the warp and weft separately before weaving.
How is it woven?
Patola is woven on primitive hand-operated harness looms made out of rosewood and bamboo strips. The loom lies on a slant.
The other commonly worn Patola is the Rajkot Patola, woven on a flat loom.
The process involves warp and weft silk threads that are tied with cotton thread on portions marked with the proposed design.
This tied portion then remains unexposed to colours while dyeing, which is followed by tying, untying, redyeing and dyeing in different shades.
Single and primary colours are applied one after another as mixed shades develop by overlapping. This makes the design stand out.
Who weaves it?
The last surviving family into Patola weaving is the Salvi family in Patan.
From the oldest 70-year-old Rohit to the youngest 37-year-old Savan, the entire nine member-family of five men and four women is engaged with this art form.
The Salvi family shared that before World War II, Indonesia was the major buyer of Patolas.
Legend has it that King Kumarpal of the Solanki dynasty invited some 700 families of Patola weavers from Jalna (Maharashtra) to settle in Patan in North Gujarat, and the Salvis are among them.
The family has also been honoured with several national awards.
How costly it is?
While possessing and wearing a Patola is considered a matter of pride, the fabric has largely remained inaccessible to common people because of its high price.
The base price of a Patola saree in the Patan weave starts from Rs 1.5 lakh up and can go up to Rs 6 lakh.
A typical 46-inch dupatta or scarf sells in the range of Rs 80,000, depending on the intricacy of the design.
From UPSC perspective, the following things are important :
Prelims level: UNSC, FATF
Mains level: Terror financing and Measures to tackle
Context
The spectre of terrorist violence looms large over the world. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. India is increasingly playing a leading role in curbing the terror financing.
What is Terror Financing?
Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
However, terrorist groups can also get their funds from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global funding.
What are the channels of free flow of funds?
The global flow of funds has three traditional channels:
Direct smuggling of cash: First, direct smuggling of cash through international borders.
Use of Hawala: Second, the use of hawala networks.
Banking Networks: Third, banking networks including SWIFT and other international channels.
Use of new technologies: But now swift technological developments in areas of blockchain or cryptocurrencies which transcend national boundaries and international currency systems have emerged as a new channel for financing terrorist and other illegal activities.
What are the identified sources of funds used by Terrorist organizations?
Legal financial activities: Terrorist organizations raise money through several sources like travel agencies, money changers, real estate, retail outlets, NGOs, charitable trusts and even from state sponsors.
Sourced form Criminal activities: Terrorists also derive funding from a variety of criminal activities ranging in scale and sophistication from low-level crime to organized fraud or narcotics smuggling or illegal activities in failed states and other safe havens.
For instance: Declassified files seized during the raid on Osama bin Laden’s Abbottabad hideout also revealed terror financing related documents.
What steps could be taken to uproot terror financing methods?
Identifying the funding requirements: The first step in identifying and forestalling the flow of funds to terrorists is to understand the funding requirements of modern terrorist groups.
Understanding the ideology: The costs associated not only with conducting terrorist attacks, but also with developing and maintaining a terrorist organisation and its ideology are significant. Funds are required to promote a militant ideology, pay operatives and their families, arrange for their travel, train new members, forge documents, pay bribes, acquire weapons and stage attacks.
Tracing the methods of fund flow: Terrorists use a wide variety of methods to move money within and between organisations, including the financial sector, physical movement of cash by couriers, and movement of goods through the trade system. Charities and alternative remittance systems have also been used to disguise terrorist movement of funds.
Monitoring the ambiguous financial intelligence: Only accurate and well linked financial intelligence can reveal the structure of terrorist groups and also the activities of individual terrorists. Of late, such financial intelligence from the private sector has also given significant clues to foil terrorist acts.
How India is leading the battle against terror financing?
India’s continues efforts: Prime Minister Narendra Modi has in all his international speeches spoken at length on this. India’s efforts in taking this momentum forward need to be appreciated.
India actively providing platform for various assemblies: Recently, the 90th Interpol General Assembly held in New Delhi, followed by a special session of UN Security Council’s Counter Terrorism in late October. In the third week of November, India will host another global conference focussed only on Countering Financing of Terrorism (CFT).
CTC adopted Delhi Declaration: The Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes. The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
India will host ‘No Money for Terror’ Conference: The Ministry of Home Affairs will organise the Third Ministerial ‘No Money for Terror’ Conference. where participants from 75 countries expected to attend the conference. The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
Foundation of FATF: Financial Action Task Force (FATF) was formed in 1989 as a means of bringing order and implementing standards to the monetary system in the world with regard to terror finance and money laundering.
Adopting the resolutions with time: It was the 2001 terrorist attacks that changed the way security agencies looked at terror financing. The UNSCR resolution 1267 in 1999 and UNSCR resolution 1373 in 2001 formed the bedrock of the financial sanctions’ regime for terrorist organisations and individuals.
FATF’s Grey listing: One of the key reasons for Pakistan being placed on the FATF Grey List from 2018 to 2022 was its open defiance of those designations. Only after the FATF’s grey listing open terrorist activities stop and the terrorist infrastructure in Pakistan declined to some extent.
UNSC sanctions and designations: It is pertinent to understand that the FATF has developed its entire paradigm around the word risk. It used the United Nations Security Council sanctions against terrorists and terrorist organizations to begin to evolve a complex body of documentation in order to assess technical compliance and effectiveness of countries in implementing those UN designations. Eight of the nine UN designated terrorists were arrested and convicted in a major testimony to the success of the UN sanctions regime.
Conclusion
The UN Security Council has sought to increase efforts against terror financing. It is only through inclusive efforts that this complex issue can be addressed. India’s hosting of the “No money for terror” conference later this month should go a long way in focusing on the issue of state sponsored terror financing.
Mains Question
Q. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. Discuss what steps can be taken at national and international level to curb the menace of terror financing?
| Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Plight of sanitation workers in India
“My head hangs in shame,” said the Chief Justice of Delhi High Court while condemning the Delhi Development Authority (DDA) for not paying ₹10 lakh each as compensation to the family of person who died after inhaling toxic gases inside a sewer.
Why such criticism by the Delhi HC?
Cleaning of sewers and septic tanks has led to at least 351 deaths since 2017.
Manual sanitary works in India
Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks.
India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks.
The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”
Why is it still prevalent in India?
Low awareness: Manual scavenging is mostly done by the marginalized section of the society and they are generally not aware about their rights.
Enforcement issues: The lack of enforcement of the Act and exploitation of unskilled labourers are the reasons why the practice is still prevalent in India.
High cost of automated: The Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks.
Cheaper availability: The unskilled labourers, meanwhile, are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
Caste dynamics: Caste hierarchy still exists and it reinforces the caste’s relation with occupation. Almost all the manual scavengers belong to lower castes.
Various policy initiatives
Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Superseding the 1993 Act, the 2013 Act goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits.
Rashtriya Garima Abhiyan: It started national wide march “Maila Mukti Yatra” for total eradication of manual scavenging from 30th November 2012 from Bhopal.
Prevention of Atrocities Act: In 1989, the Prevention of Atrocities Act became an integrated guard for sanitation workers since majority of the manual scavengers belonged to the Scheduled Caste.
Compensation: As per the Prohibition of Employment of Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013 and the Supreme Court’s decision in the Safai Karamchari Andolan vs Union of India case, a compensation of Rs 10 lakh is awarded to the victims family.
National Commission for Safai Karamcharis (NCSK): It is currently a temporary non-statutory body that investigates the conditions of Safai Karamcharis (waste collectors) in India and makes recommendations to the Government.
Other initiatives for sanitation workers
The ministry now has proper distinction between sanitation work and manual scavenging.
The practice of manual scavenging no longer takes place in the country as all manual scavengers had been accounted for and enrolled into the rehabilitation scheme, said the ministry.
The enumeration of sanitization workers is soon to be conducted across 500 AMRUT (Atal Mission for Rejuvenation and Urban Transformation) cities, as a part of National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE).
The NAMASTE scheme aims to eradicate unsafe sewer and septic tank cleaning practices.
Way forward
Regular surveys and social audits must be conducted against the involvement of manual scavengers by public and local authorities.
There must be proper identification and capacity building of manual scavengers for alternate sources of livelihood.
Creating awareness about the legal protection of manual scavengers is necessary.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Impact of climate change on human health
A recent report by Lancet, has traced in detail the intimate link between changing weather events and their impact on the health of people.
What is the news?
The 2022 Lancet Countdown on Health and Climate Change: Health at the Mercy of Fossil Fuels points out that the world’s reliance on fossil fuels increases the risk of disease, food insecurity and other illnesses related to heat.
Impact of climate change on health
(1) Extreme Events
Heatwaves: The Lancet report indicates that rapidly increasing temperatures exposed vulnerable populations (adults above 65 years old and children younger than 1) to 3.7 billion more heatwave days in 2021 than annually in 1986–2005.
Shift in patterns: There is no doubt that events such as floods, droughts and recurrent cyclones are direct outcome of climate change.
(2) Impact on health
Infectious diseases: The changing climate is affecting the spread of infectious disease, raising the risk of emerging diseases and co-epidemics. For instance, coastal waters are becoming more suited for the transmission of Vibrio pathogens.
More vector borne diseases: The number of months suitable for malaria transmission has increased in the highland areas of the Americas and Africa.
More lives loss: The WHO has predicted that between 2030 and 2050, climate change is expected to cause approximately 2,50,000 additional deaths per year, from malnutrition, malaria, diarrhoea and heat stress.
Others: Low air quality, Rise in zoonotic diseases.
(3) Food security
Crop loss: Higher temperatures threaten crop yields directly, with the growth season shortening for many cereal crops.
Malnutrition: The prevalence of undernourishment increased during the COVID-19 pandemic, and up to 161 million more people faced hunger in 2020 than in 2019.
Way forward
Health-centred response: A health-centred response to the coexisting climate, energy, and cost-of-living crises provides an opportunity to deliver a healthy, low-carbon future.
Realization of the problem: The governments’ commitment to assess and address the threats from climate change, are positive signs, the report stresses.
Holistic approach: This is the way a health-centred response would work – it would reduce the likelihood of the most catastrophic climate change impacts, while improving energy security and creating an opportunity for economic recovery.
Shift in dietary patterns: The report also calls for an accelerated transition to balanced and more plant-based diets, as that would help reduce emissions from red meat and milk production, and prevent diet-related deaths.
Easing the healthcare: The report emphasizes reducing the strain on health-care providers, and leading to more robust health systems.
Prelims Only | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vostro and Nostro Accounts, SWIFT
Mains level: Rupee-Ruble Trade
Russian banks have been permitted by the RBI to open special Vostro accounts to pave the way for rupee-based export-import transactions.
Why such move?
Logged out of SWIFT -the messaging service to facilitate and confirm cross-border payments – most Russian banks are looking for alternative ways.
India and several other countries too want a way out so that trade can continue.
India and Russia are now exploring to directly trade in rupee-ruble.
And this is where Nostro and Vostro may come into play.
What is a Vostro Account?
A Vostro account is defined as an account that a correspondent bank holds on behalf of another bank.
Vostro is a Latin word that means “your”, therefore, a vostro account implies that it is “your account”.
An example of such an account would be HSBC vostro account is held by SBI in India.
Understanding a Vostro Account
The banks are acting in a fiduciary relationship and they share a principal-agent relationship.
The correspondent foreign bank is a financial intermediary in the transactions that they are involved in.
The foreign bank acts as an agent that provides services such as executing wire transfers, performing foreign exchange, enabling deposits, enabling withdrawals, expediting international trade on behalf of the domestic bank.
It is most used in settlement of foreign exchanges or foreign trade.
No interest will be paid on the vostro account maintained, as per the directives that have been issued by the RBI in India.
An overdraft facility can only be availed if it is specifically sanctioned.
Other related terms: Nostro and Loro Accounts
Vostro and Nostro accounts are often confused to be the same.
While in essence, it is the same account that is being spoken about, the perspective from which it is being seen matters.
In a vostro account, it is the correspondent foreign bank point of view, whereas in a nostro account, it is the point of view of the domestic bank.
Vostro accounts are maintained in the domestic currency whereas, nostro accounts in foreign currency.
A Loro account is a current account that is maintained by one domestic bank for another domestic bank in the form of a third party account, unlike nostro and vostro which is bilateral correspondence.
Why is it used?
This account serves as an economic way for small domestic banks to access the financial resources and services of a larger foreign bank.
Enables one to offer international banking solutions to a customer without opening a bank branch in a foreign nation.
It minimizes the time for transfer of funds.
Closely monitored nostro accounts can be used for better reconciliation of statements.
From UPSC perspective, the following things are important :
Prelims level: Birsa Munda
Mains level: Not Much
On the occasion of the birth anniversary of tribal leader Birsa Munda, the Centre marked the second Janjatiya Gaurav Divas on November 15 to celebrate the contributions of tribal communities to Indian culture.
Who was Birsa Munda (1875-1900)?
Birsa Munda was a tribal freedom fighter, religious leader, and folk hero who belonged to the Munda tribe.
He spearheaded a tribal religious millenarian movement that arose in the Bengal Presidency (now Jharkhand) in the late 19th century, during the British Raj.
His legacy
(A) Birth and early childhood
Born on November 15, 1875, Birsa spent much of his childhood moving from one village to another with his parents.
He belonged to the Munda tribe in the Chhotanagpur Plateau area.
He received his early education at Salga under the guidance of his teacher Jaipal Nag.
On the recommendation of Jaipal Nag, Birsa converted to Christianity in order to join the German Mission school.
He, however, opted out of the school after a few years.
(B) New faith ‘Birsait’ against religious conversion
The impact of Christianity was felt in the way he came to relate to religion later.
Having gained awareness of the British colonial ruler and the efforts of the missionaries to convert tribals to Christianity, Birsa started the faith of ‘Birsait’.
Soon members of the Munda and Oraon community started joining the Birsait sect and it turned into a challenge to British conversion activities.
The Mundas called him Dharati Aaba, the father of earth.
(C) The Ulgulan
The Great Tumult or Ulgulan was a movement started by Birsa Munda against the exploitation and discrimination against tribals by the local authorities.
Although the movement failed, it did result in the Chotanagpur Tenancy Act which forbade tribal lands passing to non-tribals, protecting their land rights for the foreseeable future.
(D) Death
On March 3, 1900, Birsa Munda was arrested by the British police while he was sleeping with his tribal guerilla army at Jamkopai forest in Chakradharpur.
He died in Ranchi jail on June 9, 1900, at the young age of 25.
(E) Creation of Jharkhand
Birsa Munda’s achievements are known to be even more remarkable by virtue of the fact that he came to acquire them before he was 25.
In recognition of his impact on the national movement, the state of Jharkhand was created on his birth anniversary in 2000.
Try this PYQ from CSP 2020
With reference to the history of India, “Ulgulan” or the Great Tumult is the description of which of the following event?
op-ed snap | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters,Representation Of People's Act
Note4Students
From UPSC perspective, the following things are important :
Prelims level: ECI and its mandate,
Mains level: Issues with the electoral bonds and political parties funding mechanism
Context
Elections are to democracy what financial markets are to the economy. The absence of an omnibus law to regulate elections and political parties in India is a legislative gap waiting to be filled.
Significance of political parties in democracy
A political party is an organized group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
Political parties maintaina continuous connection between the people and those who represent them either in government or in the opposition.
Political parties in India are extra-constitutional, but they are the breathing air of the political system.
Current procedure of recognizing and regulating the political parties In India
Registration of political parties: The Representation of the People Act 1951 was amended in 1988 to add a new section IVA on “Registration of political parties” by which the Election Commission of India (ECI) exercises its mandate for superintendence, direction, and control of elections under Article 324 of the Constitution of India.
Recognition as national or state political party: Association of citizens can apply to the ECI to be registered by submitting its Memorandum of Association and swearing allegiance to the Constitution. It requires fulfilment of performance criteria, including a minimum share of the electoral votes cast in the last election and the number of seats won to become a recognized national or a state party.
A regulatory gap in Municipal political parties: Municipalities became the third level of government, three decades ago in 1992, through the 74thconstitutional amendment. But a parallel recognition for political parties operating only at the municipal level is yet to be conceptualized.
Mechanism of Election funding
Encouraging private corporates and individual investment: Indian government does not directly fund election campaigns of parties or independents. However, it has made political parties exempt from income tax, to encourage private corporate and individual investment in building political parties.
Limit on election campaign expenditure: The ECI set upper-end limits (January 2022) for election campaign expenditure in parliamentary seats at INR9.5 million and INR4 million in state legislature seats.
Electoral bonds to end large cash payments in election finance.
Scheme of electoral bonds:
A publicly owned commercial bank, with the largest network of branches is the only designated vendor.
Bonds remain valid for 15 days within which they can be encased through the bank account of the selected political party.
The purchaser-donor enjoys tax credits on the purchased bonds as in any other donation to charities.
Association of democratic records: The idea was to facilitate large donors, preferring anonymity whilst donating funds for elections, with an alternative to cash payments.
What is the cause of concerns over the electoral bonds?
Anonymity of the electoral bonds: The anonymity afforded by the bonds is primarily versus citizens.
Bond vendor is a government owned bank: SBI is a government-owned bank, which can be persuaded by the government into sharing data informally regarding the bond purchases and encashments by political parties
What can be done to ensure the security of the donor?
Bond Digitization: Bonds should be digitized and the privacy of the transfer should be protected through encryption.
Authorized access: Redemption is through banking the audit trail of the donor and the recipient would exist for authorized access.
Enhancing transparency with ECI: Transparency should be enhanced whilst protecting anonymity by authorizing ECI to collect and publish de-personalized information.
Personal data should be accessed with the specific orders only: Access for security and criminal investigation agencies to the personal data should come via a specific order of the ECI allowing such privileged access.
Strict Supervision of political parties: Poor Intra-party governance is concentrated in the Registered Unrecognize Political Parties (RUPP). Most are in breach of their undertaking to fight an election within five years and remain active thereafter.
Strengthen the Regulatory compliance: The benefit of income tax exemption should only be available after registered parties demonstrate a five-year record of compliance with the regulations.
Enforce inner-party democracy and avoiding conflict of interest: Making party members occupying party positions, ineligible for holding executive positions in government. This is necessary to create a complete segregation of functions within the ruling party and the government
Empower ECI to regulate political parties: The misuse of the fiscal privileges afforded to political parties can be minimized through targeted regulatory tweaks, within the existing construct of private financing and the inner functioning of parties improved through targeted regulation.
Conclusion
“Secrecy is a darkness where corruption gets nurtured”. Funding to the political parties need to be transparent. Transparent funding will pave the way for level playing field for all the political parties.
Mains Question
Q. What are the pitfalls of anonymous political funding through electoral bonds. Suggest solutions to ensure the transparent political funding.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Cyber crimes and online safety of Women
Context
India has one of the youngest youth demographics in the world and among the most active online. As online interactions increase, more content is created and shared among people, helping them form new and wonderful connections. Sometimes, however, these interactions also make them vulnerable to harm.
Sharing embarrassing and cruel content about a person to impersonation
Stalking and electronic surveillance
Non-consensual use of photography
Violent threats and hate speech
Defamation
Flaming- use of vitriolic and hostile messages including threats, insults
Trolling
The online harassment of women, sometimes called Cyber-sexism or cyber-misogyny, is specifically gendered abuse targeted at women and girls online.
It incorporates sexism, racism and religious prejudice.
How women disproportionately get affected?
Often women are blamed: Often, crimes that disproportionately impact women devolve into mass panic and lead to an all too predictable top-down discourse around the need to protect our sisters and daughters.
Curbing the freedom of Women: The reaction, however well intentioned, will end up denying women their freedom and agency by their so-called protectors, many of whom are simply telling women to go offline, to be ashamed of expressing themselves, to stay in their lane.
What is role of intermediaries in preventing such abuses?
Making intermediary liable: As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
Mandatory Data retention by intermediaries: They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
Punishment for Non-compliance is: Highlighting any contravention attracts punishment as prescribed under the IT Act.
What are the Steps taken by the Government?
IT rules 2021: The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Defined Categories of abuse: They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
Prohibition on derogatory publications: The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
Removal of content within 24 hours: Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
Meetings of parliamentary committees: Various parliament committees in India have held meetings to discuss the issue of online safety of women over the years, and part of the government’s motivation in notifying the new IT rules had been rooted in the growing concern regarding the safety and security of users, particularly women and children. These are very good tangible steps.
Amendment in IT act should include the concerns of women: With the IT Act coming up for a rehaul, there is an opportunity to discuss in detail the nature of technology-facilitated abuse, capturing what this means, understanding how cases impact individuals as well as communities, the language needed to capture such offences and the punishment penalties, jail or even rehabilitation programmes for perpetrators. This could be the start of an era of evidence-based discussion.
Conclusion
Despite these efforts, it is clear that women in India won’t feel safe online anytime soon unless society lets them. What could be helpful here is to elevate the public discourse around technology-facilitated abuse.
Mains Question
Q. How women are vulnerable against online abuse? What is the role of Intermediaries in online abuse case? What are governments efforts to make women friendly cyberspace?
From UPSC perspective, the following things are important :
Prelims level: MARS alert system, global Methane pledge, Methane
Mains level: MARS alert system, Methane emission
Context
A new satellite-based system will now help governments detect methane emissions and tackle them. The Methane Alert and Response System (MARS) was launched at the 27th Conference of Parties (COP27) to the United Nations Framework Convention on Climate Change in Sharm El-Sheikh, Egypt.
What is Methane Alert and Response System (MARS)?
MARS is a part of global efforts to slow climate change by tracking the global warming gas.
The system will be the first publicly available global system to connect methane detection to notification processes transparently.
The data-to-action platform was set up as part of the UN Environment Programme’s (UNEP) International Methane Emissions Observatory (IMEO) strategy to get policy-relevant data into the right hands for emissions mitigation.
How the “MARS” will work?
The Methane Alert and Response System, or MARS, will integrate data from a large number of existing and future satellites to identify significant methane emission events anywhere in the world.
It will send out notifications to the relevant stakeholders and support and track mitigation progress.
According to the UN statement MARS will track the large point emission sources, mainly in the fossil fuel industry, but with time, would be able to detect emissions from coal, waste, livestock and rice fields as well.
UNEP will continue to monitor the event location and make the data and analysis available to the public between 45 and 75 days after detection.
Methane a dangerous greenhouse gas
A major greenhouse gas: Methane is the second-most common of the six major greenhouse gases, but is far more dangerous than carbon dioxide in its potential to cause global warming.
One of major contributor of GHG emissions: Contribution Accounting for about 17 per cent of the current global greenhouse gas emissions.
One of the key reasons behind Temperature rise: Methane is blamed for having caused at least 25 to 30 per cent of temperature rise since the pre-industrial times.
Methane largely a Sectoral gas: Unlike carbon dioxide, methane is largely a sectoral gas, and there are only a few sources of emission.
Few sources large emissions of methane: The global warming potential of methane is about 80 times that of carbon dioxide. It accounts for a small portion of human-induced greenhouse gas emissions compared to carbon dioxide.
To achieve the target set by Global methane pledge: At the Glasgow climate conference last year, nearly 100 countries had come together in a voluntary pledge the Global Methane Pledge to cut methane emissions by at least 30 per cent by 2030 from the 2020 levels. More countries have joined in this initiative since then, bringing the total to nearly 130.
To keep the temperature, rise below 5-degree Celsius: A 30 per cent reduction in methane emissions by 2030 is expected to result in avoiding 0.2 degree rise in temperature by the year 2050, and is considered absolutely essential in the global efforts to keep the temperature increase below the 1.5-degree Celsius target. This is a global, not a national reduction target.
Reducing methane emissions from the atmosphere provides multiple benefits: Methane being a sectoral gas with few sources of emission, it is possible to cut down on methane emissions without having widespread impact on the economy, a reduction in methane emissions brings big benefits in a short time.
MARS Provides technical and advisory to the partners: If requested, MARS partners will also provide technical or advisory services, such as help in assessing mitigation opportunities.
All you need to know about Conference of Parties (COP).
Unless the parties decide otherwise, every year The United Nations Framework Convention on Climate Change (UNFCCC) convenes what is called a Conference of Parties (COP), a meeting that brings together leaders and delegates from around the world to strengthen their commitments and actions against specific climate change goals.
The parties are the 198 countries that ratified the UNFCCC.
The UNFCCC is an international treaty focused on preventing dangerous human interference with the climate system, primarily by stabilizing greenhouse gas (GHG) emissions.
Conclusion
Cutting methane is the fastest opportunity to reduce warming and keep 1.5°C within reach, and this MARS a new alert and response system is going to be a critical tool for helping all of us deliver on the Global Methane Pledge.
Mains Question
Q. Methane is thought to be 80 times more efficient than carbon dioxide at trapping atmospheric heat in the 20 years following its release. Discuss how MARS a new alert system would be helpful to keep the temperature rise below 1.5 degree Celsius?
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Independent judiciary , issues of accountability and credibility of Higher courts
Context
The reach of India’s highest court is all-pervasive. The Supreme Court sits in final judgment over decisions not only of the high courts in the states, but also over a hundred tribunals, central and state, functioning throughout India. Hence the accountability of apex court crucial for judicial system in India.
Brief in other words: Significance of judiciary
Decisions of Courts are binding on all: The law declared by the Supreme Court, its pronouncements on the constitutional validity of enacted law, including constitutional amendments, is binding on all other courts and authorities in the country (Article 141).
Executive and legislature are under the scrutiny of Courts: There is virtually no area of legislative or executive activity which is beyond the court’s scrutiny.
High courts are not ready to reform themselves: In the Salem Advocate Bar Association case, the justices had requested the high courts to implement the detailed blueprint on case management most of them have not.
Limitations of supreme court to govern the High courts: Supreme court could not direct the high courts to do so because under our constitutional scheme the latter are autonomous constitutional bodies not subject to administrative directions of the Supreme Court.
Self-accountability in administrations of courts: It is in the high courts that there are now left the largest number of roadblocks and delays; in their administrative functioning the high courts are answerable to no one but themselves. This often enables the Supreme Court to plead helplessness, hardly a good augury for integrated court-management.
How judiciary can maintain its credibility and accountability?
Judiciary need to Preserve the independence: the judiciary as an institution needs to preserve its independence, and to do this it must strive to maintain the confidence of the public in the established courts.
Judges should safeguard the judges: The independence of judges is best safeguarded by the judges themselves through institutions and organisations that the law empowers them to set up, to preserve the image of an incorruptible higher judiciary that would command the respect of all right-thinking people.
Reform on case management: A bench of three justices of the Supreme Court, in a judgment delivered in August 2005, had drawn up a fine blueprint on case-management, on how to make recent amendments in our procedural laws work on the ground, and how to get more cases moving along: For instance, on three different tracks, fast track, normal track and slow track.
Supreme court should directly administer High courts: It is time that the Supreme Court be entrusted with direct responsibility for the functioning of the high courts: Only then can the highest court be an effective apex court, only then can the Supreme Court be made answerable, as it should be, for judicial governance for the entire country.
Public disclosure of income by judges: Judges must make annual financial disclosure statements, not privately to their respective chief justices, but publicly. It is done by justices of the Supreme Court.
How judiciary in USA maintain its credibility and accountability?
Judicial council act: In the United States, under the Judicial Councils Act, 1980, task of judicial independence has been gladly undertaken by the judges. But regrettably, so far, there is no law in India to guide our judges only “guidelines”. There is a felt need for a law.
Judges investigate the judges: The 1980 US Act confers powers on bodies comprised of judges to take such action against a federal judge “as is appropriate, short of removal.”
A case study of America: Under this law, some time ago, a committee of fellow judges had investigated complaints against a federal district judge, John McBryde; the Judicial Council reprimanded him and suspended him from hearing new cases for a year.
Corruption Investigation Not violating the judicial independence: McBryde challenged the decision. He argued that the 1980 law violated the judicial independence which the US Constitution had guaranteed to life-tenured federal judges; But a US Court of Appeals rejected all these pleas.
Oversight of judges is not interference: It accepted the argument of the US Solicitor-General that judicial independence, protected by Article III of the US Constitution, was meant to insulate judges from interference from other branches of government and not from oversight by other judges.
Conclusion
In India, in the past and in recent times, some things have gone wrong. And citizens need the reassurance of a system of judicial accountability a remedial mechanism which will protect the higher judiciary from some of its own members who have gone astray. Such reassurance can only be provided by enacting a law on the lines of the American model.
Mains Question
Q. What are the reasons for very less accountability in higher judiciary in India? How corruption in higher judiciary is addressed in USA?
From UPSC perspective, the following things are important :
Prelims level: Articles 21
Mains level: issues over the Right to Privacy, Social media and privacy
Context
The recent outrage over the unauthorized video of cricketing superstar Virat Kohli’s hotel room in Perth including glimpses of his private spaces and objects is best viewed through an understanding of the changed landscape of the “private” and the “public” in our times. It is a topography shaped through our engagements with social media of different kinds.
What does the Constitution say?
Fundamental right under Article.21: Article 21 is also known as the heart of the constitution; this right is granted to citizens of India as well as the non-citizens. This fundamental right not only talks about life and liberty but it also covers wide variety of rights.
Interpretation of Maneka Gandhi v. Union of India and Anr (1978): The interpretation of the term Personal Liberty has been discussed in many cases and finally had a wider interpretation in the case of Maneka Gandhi v. Union of India and Anr (1978) here the Delhi Regional officer ordered the petitioner Maneka Gandhi to surrender her passport within 7 days without giving her proper reason for the same.
Supreme court on Personal liberty: The Supreme Court held that ‘Personal Liberty’ covered variety of rights and that such right could only be taken away according to the procedure established by law which had to be just, fair and reasonable and not arbitrary in nature. Personal liberty means various rights that provide for personal liberty of a person.
Right to privacy: In Article 21 the term Right to Life includes right to participate in activities, right to tradition, heritage, culture, livelihood and so on. One of the most important right to live also includes Right to Privacy. Each and every human being would want some privacy in their life. No one would want others to intrude in their private space and disturb the happiness and peace.
Not in the original constitution: This right of privacy was not granted to the citizens for a long time and there had been a lot of debate going on about the same, there is no explicit provision in the constitution which emphasizes about the right to privacy.
Data is fundamental to the privacy: Even the data we save in our mobile phones and laptops are also our private data which needs to be protected, if the data is stolen our right to privacy is lost and fundamental right is infringed. Unprotected data causes a disturbance in the right to privacy.
Some of the Important cases related to right to privacy
Kharak Singh V. The State of U.P.(1962): The discussion about the right to privacy first came up in the case of Kharak Singh V. The State of U.P.(1962) Kharak Singh’s house was visited by the police at strange hours, frequently waking him up from his sleep, it was held by the court that this infringed his ‘right to life’ but however court dismissed the petitioner’s allegation that the shadowing of chronic criminals infringed on his right to privacy as at that time the right to privacy was not recognised as the Fundamental Right.
Rajagopal v. State of Tamil Nadu (1994): With the case of R. Rajagopal v. State of Tamil Nadu (1994) where this case prepared the way for subsequent decisions on the Right to Privacy, paving the way for it to be included in the Fundamental Rights given under Part III of the Constitution.
X v. Hospital Z case (1998): There are reasonable restrictions for this right about which it was held by the Supreme Court in the case of Mr. X v. Hospital Z (1998) here the appellant Mr. X was tested positive for HIV about which the doctors informed someone else without his consent because of which marriage of Mr. X was called off, the appellant approached the court stating that his right to privacy was violated. The court here held that this fact has to been known to the person whom he marries as this fact would affect her life as well as it being a communicable disease and that there is no violation to the ‘Right of Privacy’ of Mr. X.
The landmark case of K.S. Puttaswamy v/s Union Of India 2017.
Right to privacy is fundamental right: In the landmark case K.S. Puttaswamy V. Union of India which was passed in the year 2017, Right to Privacy was recognised as Fundamental Right and was then enshrined in Article 21 as a Right to life and personal liberty.
Social media endangered the privacy: Judges held that because there is enormous technical advancement both state and non-state factors may be at risk of loss of privacy, also it was held that an Individual is very concerned with his / her personal Data, they control their data and what to be posted on social media what to be displayed to the public and what to hide from outsiders, so unauthorized use of such information by anyone else except to whom that information belongs to may lead to violation of individuals privacy.
Privacy is integral to fundamental rights: On 24th August 2017 the nine-judge bench of India passed a unanimous historic Judgement with concurring opinions. Part III of the Indian constitution lays down different articles for the protection of one’s Fundamental Rights. The judgement stated privacy to be an integral component of Part III.
Overturning the previous judgements: The bench recognized that the right to privacy should also be a key element of Fundamental Rights and should be included in Article 21 of right to life and personal liberty. In this judgement the decisions given in the case of Kharak Singh V. The State of U.P. (1962) and MP Sharma V. Satish Chandra (1954) were overruled.
Conclusion
The great deal of hand wringing over the invasion of Virat Kohli’s privacy has been accompanied by seemingly endless circulation of the video clip. The line between outrage and enjoyment is as unclear as that between the alternating desire for publicity that ethereal frisson of celebrity-ness and revulsion over too much of it.
Mains Question
Q. How right to privacy is integral part of right to life? How social media affected the privacy of individual and enlist the solutions associated with it.
From UPSC perspective, the following things are important :
Prelims level: COP-27
Mains level: Energy inequality, Climate actions and related issues
Context
27th Conference of Parties (COP27, beginning November 6, in Egypt) of the United Nations Framework Convention on Climate Change (UNFCCC).
Realization of climate action: Birth of UNFCCC
The idea led to the formation of the United Nations Framework for Climate Change Convention (UNFCCC, also known as ‘The Convention’) in 1992, at the Earth Summit in Rio de Janeiro.
The convention divided the countries on the basis of their differing commitments: Annex I and II consisted of industrialized and developed countries and Non-Annex I comprised developing countries.
Summary of COP26
Inadequate reduction commitment: In the runup to COP26, last year in Glasgow, several developed countries had declared their intention to reach net zero emissions by 2050. These declarations did not square with the requirements of “keeping 1.5 deg. C alive”.
Global carbon budget: Four fifths of the global carbon budget to limit warming to 1.5°C (with 50% probability) has already been exhausted. Developed countries are responsible for more than half of these historical CO2 emissions. Nevertheless, there was much celebration of these targets.
Politics over phasing out coal: There was also high drama at COP26, with moral grandstanding by many developed country negotiators who invoked the future of their children, because India and other countries understandably balked at the singling out of any one fossil fuel for immediate action.
Developed countries didn’t meet the commitment: It is important to recall some of these shenanigans at COP26, as in the last year, it has become clear that developed countries may be unlikely to meet even the inadequate targets they have set, keeping to the trend of the last three decades.
What is the present energy situation in developing countries?
Energy poverty concentrated in the developing countries: Global energy poverty is concentrated in the developing countries. In 2021, 733 million people had no access to electricity and almost 2.6 billion people lacked access to clean fuels and technologies.
The average per capita energy: Energy use of the richest 20 countries is 85 times higher than that of the 20 poorest countries. Addressing this stark energy poverty in developing countries is important because there is a strong correlation between energy supply and human development.
The average annual per capita electricity: Electricity consumption of sub-Saharan Africa is 487 kilowatt hours (kWh), alongside an infant mortality rate of 73 per 1,000 live births; maternal mortality ratio of 534 per 1,00,000 live births, and per capita GDP of $1,645. On the other hand, the OECD group of countries have a per capita electricity consumption of 7,750 kWh, corresponding to an infant mortality rate of seven, maternal mortality ratio of 18, and per capita GDP of $42,098.
Slowdown due to lack of energy: The reality of global inequality was acutely evident during the COVID19 pandemic. Several countries in Africa, Asia and Latin America are facing severe agricultural and industrial slowdowns in the post pandemic period.
The lack of reliable energy infrastructure: Infrastructure unavailability has compounded the difficulties and has multidimensional impacts across developmental indicators. In 2022, these inequalities have been aggravated by soaring energy and food prices.
Rising cost of living: Several countries face a severe rise in the cost of living and nearly 70 million additional people are estimated to fall below the poverty line of $3.20 per person per day. Poor and vulnerable communities in the energy importing countries of the global South suffer the most. Almost 90 million people in Asia and Africa, who gained access to electricity recently, cannot afford to pay their energy bills.
No acknowledgement of problem by developed countries: In this background, COP27 affords a critical moment to acknowledge and address the concerns surrounding energy access and security in developing countries. Unfortunately, these longstanding problems of the global South have been ignored by developed country governments, academia, and civil society. At a time when the language of energy poverty and security is re-entering the northern vocabulary, it is time to call out the hypocrisy of the advice on fossil fuel use given by the north to some of the world’s poorest regions since the Paris Agreement was signed.
Fossil fuel as primary energy source: In the United States, 81% of primary energy is from fossil fuels. In Europe, fossil fuels constitute 76% of the energy consumption (coal, oil, and natural gas contribute 11%, 31%, and 34% respectively).
Negligible efforts for decarbonization: Thirty years after acknowledging the problem of anthropogenic global warming and committing in the UNFCCC, to take the lead in climate change mitigation, the level of decarbonization in the global North has been minuscule.
Increasing coal consumption: In July 2022, the European Union (EU) voted to classify the use of natural gas for some uses as “green and sustainable”. Natural gas was responsible for 7.5 billion tonnes of CO2 (i.e., 23% of the total CO2 by the major fossil fuels), in 2020. Additionally, in 2022, even coal consumption in the U.S. and the EU is estimated to increase by 3% and 7%, respectively.
Double standard for fossil fuel: These same developed countries argue that green energy constitutes a great business opportunity for developing countries as it has become cheaper. They have used this dubious argument to dismiss differentiation between developed and developing countries and are lobbying for banning the financing of any fossil fuel projects in some of the poorest countries.
What should be the agenda of developing countries at COP 27?
Bring the energy poverty issue: At COP27, the global South must put the question of its energy poverty and the severe global inequalities in energy access squarely at the Centre of all discussions.
Achieving SDGs with climate actions: We need to achieve zero hunger, zero malnutrition, zero poverty, and universal wellbeing even as we collectively contribute to ensuring effective climate action.
No empty commitments: As the strapline for COP27 (“Together for Implementation”) suggests, we must work together to ensure that these developmental goals are not side-lined, as they were at COP26, in the pursuit of hollow declarations of net zero targets three decades into the future.
Conclusion
A developing country leadership at COP27 can ensure effective discussions, based on equity and common but differentiated responsibilities and respective capabilities, on the relative responsibilities and sharing of mitigation and adaptation burdens while coping with loss and damage.
Mains Question
Q. Describe the energy inequality situation among developed and developing countries. How India can lead the developing countries for negotiations at COP27?
From UPSC perspective, the following things are important :
Prelims level: LT-LEDS
Mains level: Read the attached story
India has announced its long-term strategy to transition to a “low emissions” pathway at the United Nations Conference of Parties (COP) ongoing in Sharm el-Sheikh, Egypt.
What are LT-LED Strategy?
The LT-LEDS are qualitative in nature and are a requirement emanating from the 2015 Paris Agreement.
Hereby, countries explain how they will transition their economies beyond achieving near-term NDC targets.
It signifies their path towards the larger climate objective of cutting emissions by 45% by 2030 and achieve net zero around 2050.
BACKGROUND
What is the meaning of Net Zero?
A state in which a country’s emissions are compensated by absorption and removal of greenhouse gases (GHGs) from the atmosphere is called Net Zero State; it is also referred to as carbon-neutrality.
It is done through natural processes as well as futuristic technologies such as carbon capture and storage.
Nationally Determined Contributions (NDCs):
To achieve the targets under the agreement, the member countries must submit the targets themselves, which they believe would lead to substantial progress towards reaching the Paris temperature goal.
Initially, these targets are called Intended Nationally Determined Contributions (INDCs).
They are converted to NDCs when the country ratifies the agreement.
Key announcements by India
Nuclear energy: India is set to expand its nuclear power capacity by at least three-fold in the next decade.
Green hydrogen: India aims for becoming an international hub for producing green hydrogen through the National Hydrogen Mission.
Ethanol blending: India aspires to maximise the use of electric vehicles, with ethanol blending to reach 20% by 2025 (it is currently 10%) and a “strong shift” to public transport for passenger and freight traffic.
Carbon sequestration: India’s forest and tree cover are a net carbon sink absorbing 15% of CO2 emissions in 2016, and it is on track to fulfilling its NDC commitment of 2.5 to 3 billion tonnes of additional carbon sequestration in forest and tree cover by 2030.
Hurdles in achieving net-zero
Huge cost of transition: The transition to low carbon pathway will entail several costs amounting to several trillion dollars. It involves the development of new technologies, new infrastructure, and other transaction costs.
No climate finance mechanism: Provision of climate finance by developed countries will play a very significant role and needs to be considerably enhanced.
Significance of India’s LTS
India’s long-term strategy (LTS) follows up on the net zero pledge.
It clearly outlines key interventions across sectors that are going to be the focus of India’s efforts.
Considerations made by India
India’s approach is based on the following four key considerations that underpin its long-term low-carbon development strategy:
India has contributed little to global warming: its historical contribution to cumulative global GHG emissions being minuscule despite having a share of ~17% of the world’s population.
Huge domestic energy demand: India has significant energy needs for development.
National circumstances: India is committed to pursuing low-carbon strategies for development and is actively pursuing them, as per national circumstances
India needs to build climate resilience: It is the capacity of social, economic and ecosystems to cope with a hazardous event or trend or disturbance.
From UPSC perspective, the following things are important :
Prelims level: G20
Mains level: Significance of G20 summit
Leaders of the G-20 nations gathered at Bali in Indonesia for the 17th summit of the world’s most advanced economies.
Agenda of this summit
The motto for this summit is Recover Together, Recover Stronger.
The leaders will engage in discussions over three sessions on-
Food and Energy security
Health Partnership for Global Infrastructure and Investment, and
Digital Transformation
About G-20
Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
Collectively, the G20 economies account for around 85 percent of the Gross World Product (GWP), 80 percent of world trade.
To tackle the problems or address issues that plague the world, the heads of governments of the G20 nations periodically participate in summits.
In addition to it, the group also hosts separate meetings of the finance ministers and foreign ministers.
The G20 has no permanent staff of its own and its chairmanship rotates annually between nations divided into regional groupings.
Aims and objectives
The Group was formed with the aim of studying, reviewing, and promoting high-level discussion of policy issues pertaining to the promotion of international financial stability.
The forum aims to pre-empt the balance of payments problems and turmoil on financial markets by improved coordination of monetary, fiscal, and financial policies.
It seeks to address issues that go beyond the responsibilities of any one organization.
Members of G20
The members of the G20 consist of 19 individual countries plus the European Union (EU).
The 19 member countries of the forum are Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, United Kingdom and the United States.
The European Union is represented by the European Commission and by the European Central Bank.
Why was the G-20 created?
For emerging nations: It was created as an acceptable medium between the more “elitist” G-7 (then the G-8), and the more unwieldy 38-member Organisation for Economic Co-operation and Development (OECD).
Increasing representation: Over the past two decades, the global economic balance has shifted, and the G-20 has been seen as a more representative and egalitarian grouping of global leadership.
Reducing groupism within: The G-20 was conceived in a more unified, post-Soviet era, when western economies made the rules, China was just on the rise and Russia was still recovering from its breakup.
Economic boost for west: It was particularly useful in steering the global economy after the global financing crisis and banking collapse of 2008.
Global-south on focus: Significantly, next year the “Troika” of G-20 will be made up of emerging economies for the first time with India, Indonesia and Brazil — an indicator of the shift in the global economic agenda towards the Global South.
Economic significance of G-20
G-20 countries represent 85% of the global GDP.
It accounts for 75% of global trade and 66% of the world population.
What makes this G-20 different from others?
War mongers at table: For the world, this is the first G-20 since Russia began the war in Ukraine and the west imposed sanctions on Russia.
Hosting a stronger China: This is only the second time Chinese President Xi Jinping has travelled abroad since the COVID pandemic, and the first time since he was re-elected at China’s Party Congress last month.
Next chair for India: For India, the importance of the summit of the world’s most advanced economies is that it is India’s turn to host the summit next.
Bilateral meets on the sidelines
All eyes will also be on the bilateral summits happening by the sidelines — including the Biden-Xi summit at a time when U.S.-China tensions are at a high.
While neither Delhi nor Beijing have confirmed a Modi-Xi meeting, any interaction between the two leaders will be the first since the military stand-off at the LAC.
PM Modi is expected to meet many of the G-20 leaders and others, and will invite them to next year’s summit in India.
Among the leaders who are attending for the first time as heads of their countries are UK PM Rishi Sunak.
Simply, the EAS is an ASEAN initiative and refers to the annual Meeting of Heads of States/Governments of these countries, where they are able to discuss common concerns and interests.
Beginning in 2005, 16 participating countries comprised EAS, with their first meeting in Kuala Lumpur, Malaysia.
These members were the 10 ASEAN countries, Australia, China, India, Japan, New Zealand, and the Republic of Korea.
ASEAN’s 10 member countries are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
The United States and the Russian Federation joined at the 6th East Asia Summit in 2011.
Why was it created?
Its creation was based on the idea of enhancing cooperation among East Asian countries and those in the neighbouring regions.
Six priority areas of cooperation were identified – environment and energy, education, finance, global health issues and pandemic diseases, natural disaster management, and ASEAN Connectivity.
Topics discussed
The following issues have been discussed by the countries
This year marks the 30th anniversary of ASEAN-India relations and is being celebrated as the ASEAN-India Friendship Year.
In a joint statement, ASEAN-India acknowledged the deep civilizational linkages, maritime connectivity, and cross-cultural exchanges between Southeast Asia and India.
All these have grown stronger over the last 30 years, providing a strong foundation for ASEAN-India relations.
New developments
India has announced an additional contribution of USD 5 million to the ASEAN-India science and technology fund.
It would enhance cooperation in sectors of public health, renewable energy and smart agriculture.
