Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ex Sea Vigil
Mains level: Holistic security of India's maritime domain
In a related development, the third edition of the ‘pan-India’ coastal defence Exercise ‘Sea Vigil-22’ is scheduled to be held on November 15 and 16.
Ex- Sea Vigil-22
- The Exercise was conceptualised in 2018 to validate various measures that have been instituted towards enhancing maritime security since ‘26/11’.
- The exercise aims to test its preparedness along the entire 7,516.6 km-long-coastline and exclusive economic zone of the country.
- It aims to comprehensively and holistically validate the efficacy of the measures taken since 26/11.
- It aims to simultaneously activate the coastal security mechanism across all 13 coastal States and Union Territories.
- This involves the evaluation of critical areas and processes, including inter-agency coordination, information sharing and technical surveillance.
- Multi agency audit and identification of gaps, shortfalls and incorporation of lessons learnt into Standard Operating Procedures (SOP) are also the desired outcomes.
Role of Indian Navy
- Post 26/11, the Navy was designated as the agency responsible for overall maritime security, including offshore and coastal security.
- The Coast Guard was designated as the agency responsible for coastal security in territorial waters.
- A multi-tiered patrol and surveillance mechanism with focus on technical surveillance and augmenting Maritime Domain Awareness through the coastal radar chain was adopted.
- Progress has been made in real-time information sharing through the National Command Control Communication and Intelligence (NC3I) Network and improving intelligence and operational coordination.
Significance of the exercise
- The exercise is a build up towards the major Theatre Level Readiness Operational Exercise (TROPEX), which the Indian Navy conducts every two years.
- Sea Vigil and TROPEX together will cover the entire spectrum maritime security challenges.
Progress till now
- Verification and monitoring of a large number of fishing vessels in India has been greatly eased by the creation of the online ReALCraft (Registration and Licensing of Fishing Craft).
- The process of installing transponders on sub-20 metre boats commenced with a pilot project in Tamil Nadu for 5,000 vessels is underway.
- To allay the concerns of fishermen, the transponders with GPS have been modified into a two-way communication system.
- An Automatic Identification System (AIS) was made compulsory for all vessels above 20 metres after the 2008 terrorist attacks in Mumbai.
- Trials were conducted in association with the ISRO on one of their communication satellites last year along the coasts of Gujarat and Tamil Nadu.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electric vehicles
Mains level: Electric vehicle Supply chain market and india's position
Context
- The start of COP27 in Egypt has renewed the world’s focus on climate change. Electric vehicles (EVs) are key in the global quest to decarbonizing. In India, which also faces serious air pollution issues, the transition to EVs is critical. However, there is a China-size risk in the supply chain for electric vehicles. The recent saber-rattling across the Taiwan Straits ought to be a warning for the world. Given India’s troubled relationship with China, the risk may be even more acute.
What are Electrical vehicles (EV’s)?
- Electric vehicles (EV) are a part of the new normal as the global transportation sector undergoes a paradigm shift, with a clear preference towards cleaner and greener vehicles.
- The electric vehicle is a vehicle that runs on electricity alone. Such a vehicle does not contain an internal combustion engine like the other conventional vehicles. Instead, it employs an electric motor to run the wheels.
The global status of EVs production and supply chain.
- 50% of global EV’s production comes from China: EVs themselves, China has a share of around 50 per cent in global production.
- 25% from Europe: Europe is a distant and stands at second position with 25 per cent.
- 10% from US: Surprisingly, the US is a small player in the EV supply chain, producing only 10 per cent of vehicles and containing just 7 per cent of battery production capacity.
- India’s position is still not noteworthy: India does not feature as a player of note.
What makes China a dominant player in EVs supply chain?
- Every part of EV concentrated in China: According to a recent report by the International Energy Association, every part of the EV supply chain is highly concentrated, mostly in China.
- High global mining output of Key minerals, specifically graphite: The first stage of the supply chain is the key minerals required for batteries, namely lithium, nickel, cobalt and graphite, In graphite, China has an 80 per cent share of global mining output.
- Chinese control over Politically unstable DRC’ Mines of cobalt: In Cobalt, the politically highly unstable Democratic Republic of Congo mines two-thirds of the global supply and Chinese companies control a big share of that country’s mining.
- China dominates the processing of ore/minerals: Globally, over 60 per cent of lithium processing, over 70 per cent of cobalt processing, 80 per cent of graphite processing and about 40 per cent of nickel processing takes place in China.
- China’s heavy production of cell components: Other than Japan and south korea, China produces two-thirds of global anodes and three-fourths of cathodes.
- Same case with the battery cells: China has a 70 per cent share in the production of battery cells.
The status of Governmental spending’s of energy transition
- China the biggest spender on energy transition: According to a report by Bloomberg’s New Energy Fund (NEF), in 2021, out of a total global spend of $750 billion in climate-related investments (90 per cent of which went into renewable energy and electric transport), China alone spent $266 billion.
- US stands at second: The US was a distant second with $114 billion. The major countries of Europe combined would equal the US. In Europe, about 75-80 per cent of the spending is on EVs, which is why it leads the US in this sector.
- India holds 7th rank but needs a focused approach: India was in 7th place not a bad rank to occupy with $14 billion invested. However, almost 40 per cent of Chinese and US spending was on EVs, while more than 95 per cent of India’s spending is on renewable energy. In India, despite intent, EVs have not received sufficient investment.
- Accelerating the mechanism of acquiring overseas mines of critical minerals: A recently formed government venture, KABIL, which is a JV between three minerals and metals PSUs, is tasked with the job of identifying and acquiring overseas mines
- Liberalizing the domestic exploration policies: An alternate option is to liberalize exploration policies domestically, benchmark them with global best practices and invite global investors to find and mine in India.
- Stitching up the supply alliances: It is important to stitch up supply alliances with countries ex-China, as has been done with Australia. At higher ends of the value chain, from battery cells onwards, there is a need to invest much more in R&D.
- Making vibrant start up ecosystem and public private partnership: A public-private partnership is vital. The vibrant startup ecosystem must be leveraged because it is more likely to be innovative than legacy firms.
Do you know The Khanij Bidesh India Limited (KABIL)?
- A joint venture company namely Khanij Bidesh India Ltd. (KABIL) set up with the participation of three Central Public Sector Enterprises namely, National aluminium Company Ltd.(NALCO), Hindustan Copper Ltd.(HCL) and Mineral Exploration Company Ltd. (MECL).
- The objective of constituting KABIL is to ensure a consistent supply of critical and strategic minerals to Indian domestic market. While KABIL would ensure mineral security of the Nation, it would also help in realizing the overall objective of import substitution
Conclusion
- The dragon has showed its evil side during the pandemic. China is weaponizing the trade to counter its adversaries. Excessive reliance on China for critical mineral resources is like falling into China’s trap. India and world need to restrain China to have monopoly over Electric Vehicle market.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Controversy over the EWS reservation verdict
Context
- Shortly after the Supreme Court on Monday, 7 November, upheld the validity of the 103rd Constitutional Amendment Act, which introduced 10 percent reservations for Economically Weaker Sections (EWS) in government jobs and educational institutions, Tamil Nadu’s DMK termed the split verdict a ‘setback’ to a century-old fight for social justice.
What is the idea of reservation?
- Based on historical injustice: Reservation is intrinsically linked to the historical injustice meted out to Shudras and Dalits.
- Reservation for egalitarian society: It was during the anti-caste movement that the idea of reservation came up as a way for an egalitarian social order, to ensure fair representation in the socio-political order, and to mitigate and compensate for the inhuman exclusion of humans based on ascriptive status.
- Equal participation in nation building: Reservation is implemented in politics, education and public employment so that all those in the hierarchy can participate in nation-building on equal terms.
- Reservation is not a poverty alleviation: R. Ambedkar and E.V. Ramasamy ‘Periyar’ spoke about reservation as a means of providing representation; not as a poverty alleviation programme.
- Historical benefits to upper caste: Merit is often the mantra used against the idea and implementation of reservation. Historically, Brahmins had the monopoly in offering sacrifice, receiving gifts, becoming priests, spiritual mentorship, and teaching.
- Monopoly over resources: Vaishyas had the monopoly in wealth-generating professions. These monopolies were rooted in, and buttressed by, the authority of scriptures like the Manusmriti and treatises like the Arthasashtra.
- Monopoly over the education: The top three Varnas had access to learning. In the colonial era, under the progressive pressures of modernization and democratization, the traditional monopolies based on caste order were diffused into the secular domains of bureaucracy, legal practice, professorship, etc.
- Upper caste reservation in certain professions: Leaders professing equality, such as Jyotirao Phule, Periyar and Ambedkar, wanted to annihilate the arbitrary reservation for certain professions, being implemented based on fanciful mythical stories.
- Democratization of employment and education: Essentially, the mission was to ‘de-reserve’ education and employment opportunities from a handful of castes to make them available to the remaining castes which were aspiring to be a part of the newly independent nation.
- Idea of Merit to oppose the reservation: The merit mantra was very effective at stopping, or at least stalling, the ‘de-reservation’ process. But when the bill for EWS reservation was passed hastily in Parliament in 2019, there was no concern for merit.
How categorization of poor under EWS is unfair?
- The bar of 8 Lakh is absurd: Individuals from upper caste communities who earn up to ₹8 lakh a year and may own a 1,000-square feet home are being called economically weak.
- Poverty estimation: In India, more than 30 crore citizens have been classified as being below the poverty line (spending less than ₹32 a day in urban areas and under ₹27 a day in rural areas).
- Lower caste forms the majority of Poor: Data from India (overall) as well as individual States show that Scheduled Castes (SCs) and Other Backward Classes (OBCs) have a higher share of poor people than upper castes in both urban and rural India.
- Different income criteria for different community: We now live in a country where a household earning more than ₹75 per day is considered above the poverty line, while an upper caste household earning ₹2,222 a day is considered economically weak. According to the Department of Revenue data, households earning more than ₹10 lakh constitute less than 1% of India’s population.
Credibility of Data for EWS reservation was never questioned
- Mandal commission data was critically analyzed: In the 1990s, renowned scholars from privileged communities viciously attacked the Mandal Commission claiming that it lacked credible data. In fact, the Mandal Commission report was based on official data curated from the Censuses of 1891 and 1931.
- No credible data for EWS reservation: Further, B.P. Mandal formulated his concept of ‘backwardness’ by factoring in the social, educational and economic dimensions of different caste communities. But now, neither justification nor credible data has been presented while arguing that 10% reservation must be provided for the upper caste poor.
- EWS reservation is equating the unequal’s: The Mandal Commission report said, “To equate unequal’s is to perpetuate inequality”. By giving the go-ahead for the EWS quota, Supreme Court has equated unequal’s in the category of affirmative action.
- More privilege to already privileged community: The EWS quota is unfair because it twists the idea of social justice by bequeathing further privilege to communities who are historically situated to benefit from the oppressive caste system.
Other criticism of EWS reservation?
- SC/ST and OBC are outside the EWS reservation: A Dalit or an OBC who does not get a job within this quota still belongs to the EWS, but he is excluded. That is the Constitutional issue, which you have to answer. How have you excluded them, how have you excluded the poor, how have you excluded those who earn only 20,000 a month who do not get jobs amongst the Dalits?
- Disturbing the basic structure: The government of tinkering with the “basic structure” of the Constitution.
- Ultimate goal is removal of reservation: Government basically testing the waters and this will pave the way for the removal of caste-based reservation.
- Opening the lid for further reservation: There is demand that government should raise the existing reservation cap for SC, OBC and minorities in line with their proportion in the population now since a decision has been taken to break the 50 per cent ceiling set by the top court.
Conclusion
- It is true that historically reservation is based social inequalities. Despite having the good credentials and marks upper caste or open categories were denied jobs. Justice to upper castes is not the injustice to lower castes. This is against the principal of natural justice. However exclusion of SC/ST and OBC from EWS category is certainly a matter of debate.
Mains Question
Q. What is the Ambedkar’s idea of reservation? Critically analyze the EWS reservation upheld by supreme court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Issues related to Police governance
Context
- The Ministry of Home Affairs (MHA) convened a conference in late October in the capital, which saw the participation of the union home minister, a few States Home Ministers and police chiefs. The Delhi conference was a very important occasion aimed at improving the quality of policing in the country through an exchange of ideas.
Sardar Patel’s vision of Police
- Training and Professionalism: He placed great value on professional policing, one reason why he insisted on an elitist and well-trained corps such as the Indian Police Service (IPS) which worked alongside the Indian Administrative Service (IAS).
- Didn’t abandon the civil services: He was under immense pressure from various quarters, to disband both the Indian Civil Service and IPS, but as a distinguished and astute visionary, he was steadfast in his belief.
- Nationally accepted standards: Subsequent events proved him right. Despite all their faults, the two all-India services have been a cementing force and have greatly contributed to establishing nationally accepted standards of governance, especially in the area of law and order.
What is the Present status of Policing in India?
- A case study of Tamil Nadu: The way the Tamil Nadu police have handled the case of a blast in Coimbatore that happened recently, and a possible terror-related plot, also fits in this scene and is relevant to the state of law and order in the State and elsewhere.
- Delay in serious cases: There is a section of influential public opinion which has accused the Tamil Nadu government of having been slothful and delayed handing over investigation of the incident to the National Investigation Agency (NIA). This has been rebutted by the State Director General of Police (DGP) who said that his force could not abruptly abandon the investigation and had to do the preliminary investigation to facilitate an NIA take-over.
- Shifting the responsibility: The exchange of barbs by the two sides has been an unfortunate and avoidable development and the truth lies in between. Rather than getting into a slanging match, what is more important is an examination of the standard operating procedures in place, the identification of lacunae and the initiation of corrective measures.
- West Bengal case: Conflict between the Ministry of Home affairs and State over utilizing talent in the IPS and the sharing of resources available in the States.
- Collaborative approach: It is a no-brainer that, New Delhi is the senior partner in what is definitely a collaborative relationship. But there have been actions over the decades that have inflicted many deep wounds on public order.
- Forge a strong camaraderie: These have been situations that have demanded large numbers of well-trained policemen. The Centre has always chipped in with support from the Central Reserve Police Force (CRPF). There have also been other outfits such as the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP) and the Central Industrial Security Force (CISF) which have also worked in tandem with the State Police. Therefore, it makes sense that the MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
- State must cooperate with Centre: We are also witness to frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI). Here again both parties have to share the blame. But the basic point that has been ignored is that crime and bureaucratic corruption have inter-State ramifications and only a national agency can bring in a much-needed and wide perspective.
- CBI is inevitable for corruption at state level: Insensitive action by a few States to withdraw consent to the CBI to function in a state smack of politics and vindictiveness, which diminishes the fight against public servant graft.
How union government can improve the Policing?
- Training and technology: ‘Police’ are a state subject under the distribution of powers laid down in the Constitution of India. But that does not mean the Union government has no say in the matter. Training and technology are two areas where the Centre does greatly contribute to sharpening police ability to combat terrorism and other major public disturbances.
- The Sardar Vallabhbhai Patel National Police Academy: in Hyderabad is a world-class institution that has resources and the professional excellence which are generously available to State police forces.
- Strong political leadership: Petty squabbling reduces the exchange of ideas and goes to attenuating the police response to difficult situations that require police assistance. This is why we need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.
Conclusion
- With exponential rise if technology nature of crimes has significantly changed. We must impart a modern training with professionalism to our Police. Police subject need to delink from Centre-state politics.
Mains Question
Q. Analyze the state of Police governance in India? What reforms are needed for modern policing in India? How Centre-state can collaborate for better police governance?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GMO, GM crops, Advantages and Disadvantages.
Mains level: GM mustard debate
Context
- As soon as the government took the decision to release India’s first genetically-modified (GM) food crop Dhara Mustard Hybrid-11 (DMH-11) for “environment release”, some activists approached the Supreme Court to ban it for various reasons. The Supreme Court has ordered the status quo to be maintained till the next hearing on the matter on November 17.
What are Genetically modified organisms (GMO)?
- Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
- Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
- GM foods: Foods produced from or using GM organisms are often referred to as GM foods
What is the ironic case of opposition to the GM crops?
- Opposition to GM is not new: The opposition to GM food crops is not new. There has been a global campaign in this regard by many activists. GM crops have spread around the world since 1996.
- of countries accepted the use of GM crops: More than 70 countries have accepted the use of GM crops. For instance, by 2019, roughly 190 million hectares were under GM crops, led by corn and soyabean in the US, Brazil, Argentina, and canola (rapeseed/mustard) in Canada, even Bangladesh has marched ahead with Bt brinjal.
- No concrete evidence of harmful impact: There is ample evidence in support of that with no harmful impact on human or animal health or the environment per se.
India’s journey towards GM crops, specifically “Bt cotton”
- First GM crop released under Vajpayee government with the slogan of Jai Vigyan:
- Atal Bihar Vajpayee envisioned that science could transform agriculture
- India had its first GM crop, Bt cotton, released in 2002 by the Vajpayee government. He extended the original slogan of “jai jawan, jai kisan” (salutation to the soldier and the farmer), given by Lal Bahadur Shastri, to include “jai vigyan” (salutation to science).
- The case of Historic success of Bt cotton:
- Cotton production Increased: With the Bt cotton, Cotton production increased remarkably from a mere 13.6 million bales (1 bale = 170 kg) in 2002-03 to 39.8 million bales in 2013-14. Registered an increase of 192 per cent in just 12 years, ushering the famous “gene revolution”.
- Area under Cotton cultivation expanded: The area under cotton cultivation expanded by 56 per cent, of which about 95 per cent is under Bt cotton.
- Cotton productivity per hectare increased significantly: Cotton productivity increased from 302 kg per hectare in 2002-03 to 566 kg per hectare in 2013-14, an increase of 76 per cent,
- More productivity more income to farmers lead to increase in agri- GDP: The gains to cotton farmers whose incomes increased significantly. For instance, Bt cotton led Gujarat’s “agrarian miracle” of very high (above 8 per cent) annual growth rate in agri-GDP during 2002-03 to 2013-14.
- Revived the glory to The Indian cotton in the world market: It made India the second-largest producer after China, and the second-largest exporter after the US, of cotton in the world today.
What are the concerns associated with the cultivation of GM crops?
- Emergence of Increased pest resistance: Enhanced sucking pest damage in Bt cotton; increase in secondary pests such as mired bugs and Spodoptera; and the emergence of pest resistance.
- Impact on environment of human health: Environmental and health implications in terms of toxicity and allergenicity that can cause hematotoxin reactions in the human body.
- Fear of increased mono cropping: Farmers’ exposure to a greater risk of monopoly in the seed business.
What is the controversy and debate associated with GM Mustard?
- Debate on advantages and impacts: There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.
- Denial goes against the principle of basic rights of farmers: By not allowing GM mustard or for that matter even Bt brinjal for so long, one is denying the basic rights of farmers who want to increase their incomes.
- Allow with the sustainable practice with the use of science and technology: The best way to do so is by raising productivity in a sustainable manner. The field trials of GM mustard at different locations showed 25-28 per cent higher yield and better disease resistance compared to indigenous varieties. This can go a long way in augmenting domestic mustard oil supplies and farmers’ incomes.
- Unnecessary debate after the approval by the scientific body: Dissent is a good sign in any democratic society and forms an essential part of checks and balances. But once the safety tests are done and the scientific body (GEAC) has given the green signal, what is needed is political leadership to keep the decision-making science-based.
- India’s heavy dependence on Imported edible oils: India heavily depends on imported edible oils (55-60 per cent of India’s domestic requirement is imported). A large portion of this about three-four million tonnes every year comes from Argentina, Brazil, Canada, the US, etc, which is all from GM technology (in soybean and canola).
- Import and GM crops are already in our food chain: We eat plenty of our own cotton seed (binola) oil, and about 95 per cent of our cotton is now GM. Cotton seed is also fed to cattle which gives the milk its fat content. Even poultry feed, such as soya and corn, is being imported. So, one thing is clear GM food is already in our food chain, and has been there for quite some time.
- A chance to emerge as a major export hub: It was expected that India would be at the forefront of the gene revolution and emerge as a major export hub to other Asian and African countries. What the IT revolution has done in computer science, the Bt revolution could have done in agriculture.
Conclusion
- The agriculture of tomorrow is going to be science-based, and the winners will be those who adopt it and develop it further today. Innovation is the name of the game, and “Jai Anusandhan” is a good slogan given by PM Modi. But it will have meaning only when the government goes ahead with not just GM mustard but also fast-tracks Ht Bt cotton, Bt brinjal, and even GM soya and corn.
Mains Question
Q. What are GM crops? With policy paralysis in the case of GM mustard, India may not be able to keep pace with the success of Bt cotton. Critically analyse.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NMFT conference, FATF
Mains level: India's efforts to curb global terror financing
The Ministry of Home Affairs will be organising the Third Ministerial ‘No Money for Terror’ Conference next week where participants from around 75 countries are expected to attend.
‘No Money for Terror’ Conference
- The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
- It will be held in Delhi after gap of two years due to the travel restrictions imposed due to the COVID-19 pandemic.
Objectives of the event
- India’s efforts: The event conveys India’s determination in its fight against terrorism as well as its support systems for achieving success against it.
- Global cooperation: It also intends to include discussions on technical, legal, regulatory and cooperation aspects of all facets of terrorism financing.
- Compliance mechanism: The involvement of a compliant State often exacerbates terrorism, especially its 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.
- But terrorist groups can also get their financing 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 fundings.
Why need consensus over terror-finance prevention?
- Globally, countries have been affected by terrorism and militancy for several years and the pattern of violence differs in most theatres.
- It is largely impacted by tumultuous geo-political environment, coupled with prolonged armed sectarian conflicts.
- Such conflicts often lead to poor governance, political instability, economic deprivation and large ungoverned spaces.
Other mechanisms to curb terror financing: FATF
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- It makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What hinders the global consensus?
- No definition of terrorism: There is no universal agreement over what constitutes terrorism. This weakens efforts to formulate a concerted global response.
- Non-enforcement: Multilateral action suffers from inadequate compliance and enforcement of existing instruments.
- No global watchdog: Counter-terrorism regime lacks a central global body dedicated to terrorist prevention and response.
Way forward
- No country if safe if terrorism persists anywhere across the world.
- The world must resolve to make the international financial system entirely hostile to terrorist financing.
- Concerted efforts and a comprehensive approach should be adopted to counter terrorism under the UN auspices on a firm international legal basis.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Free speech vs. Hate speech
Former Supreme Court Judge Rohinton Fali Nariman has said civil suits against hate speech leading to the award of punitive damages should be taken up by courts.
What did the ex-Judge say?
- He described the Fundamental Duty of fraternity (Article 51A(5)) as the only Constitutional method of assuring the dignity of every citizen and the unity and integrity of the nation.
- The cardinal principle of fraternity prescribed that every citizen honoured the other citizen in the spirit of brotherhood, transcending religious, sectarian, and other tendencies.
- He opined that civil suits like defamation being dealt with fines would be more efficient in curbing hate speeches against individuals.
Article 51A(5): Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
What is ‘Hate Speech?
- There is no specific legal definition of ‘hate speech’.
- The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
- Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
- In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
How is it treated in Indian law?
- Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
- Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
[I] Section 153A:
- Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[II] Section 505:
- 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
- 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
- 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
Why curb hate speeches?
- Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
- Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.
Issues in regulating hate speech
- Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
- Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
- Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
Way forward
- Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
- There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
- We all have to work together and communicate efficiently for our country to be a healthy place to live in.
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From UPSC perspective, the following things are important :
Prelims level: 9th Schedule
Mains level: Immunity to the 9th schedule laws
The Jharkhand assembly on Friday cleared two bills, one fixing land records of 1932 as the basis for a domicile in the state and another to increase reservation in state government jobs across categories to 77%
What is the news?
- Though both these bills were cleared unanimously, they would come into effect only after the Centre includes them in the Ninth Schedule of the Constitution.
- A law in the Ninth Schedule is shielded from judicial review.
Why the need to include in Ninth Schedule?
- The 77 per cent reservation breaches the 50 per cent ceiling set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.
- However, placing legislation in the Ninth Schedule shields it from judicial scrutiny.
What is the Ninth Schedule?
- The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
- Most of the laws protected under the Schedule concern agriculture/land issues.
- The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
- It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
- While A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.
How many laws are there in ninth schedule?
- Currently, 284 such laws are shielded from judicial review.
- The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Previous instances — Tamil Nadu’s case
- A Tamil Nadu Law of 1993, reserves 69 per cent of the seats in colleges and jobs in the state government.
- When it ran into legal obstacles in the 1990s after the SC verdict, the then CM led a delegation to New Delhi to meet the then PM PV Narasimha Rao.
- The reservation provision was then included in the Ninth Schedule.
Nature of exemption from Judicial Review
- While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.
- The Tamil Nadu law was challenged in 2007 in the I R Coelho v State of Tamil Nadu
- The Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
- They can be challenged on the ground of violating the basic structure of the Constitution, said the apex court.
Verdict of the IR Coelho Case
- The IR Coelho verdict said, “A law that abrogates or abridges rights guaranteed by Part III of the Constitution may violate the basic structure doctrine or it may not.
- If former is the consequence of law, whether by amendment of any Article of Part III or by an insertion in the Ninth Schedule, such law will have to be invalidated in exercise of judicial review power of the Court.”
What is the 1973 deadline about?
- The court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.
- As it was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Eklavya Model School
Mains level: Not Much
A Parliamentary panel has refuted that 20,000 ST people, who make up at least 50% of the total population criteria is “impractical” to build new Eklavya Model Residential Schools (EMRS).
What are Eklavya Schools?
- EMRS started in the year 1997-98 to impart quality education to Scheduled Tribes (ST) children in remote areas in order.
- It aims to enable them to avail of opportunities in high and professional educational courses and get employment in various sectors.
- The schools focus not only on academic education but on the all-round development of the students.
- Each school has a capacity of 480 students, catering to students from Class VI to XII.
- Hitherto, grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
- Eklavya schools are on par with Navodaya Vidyalaya and have special facilities for preserving local art and culture besides providing training in sports and skill development.
Features of Eklavya Schools
- Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
- Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
- The number of seats for boys and girls will be equal.
- In these schools, education will be entirely free.
What is the population-based criteria?
- The Tribal Affairs Ministry plans to build EMRS on 15 acres of land in all sub-districts which have ST communities of more than 20,000 people, who make up at least 50% of their total population.
- Wherever density of ST population is higher in identified Sub-Districts (90% or more), it is proposed to set up Eklavya Model Day Boarding School (EMDBS) on an experimental basis.
Issues with this criteria
- There are difficulties in identifying and acquiring lands in several tribal districts.
- Especially in forested or hilly areas, a contiguous 15-acre plot is hard to find.
- This criterion would also deprive scattered ST populations of the benefit of the Eklavya schools.
- For most of the places for EMRSs, there is no land available inside the village or the block.
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From UPSC perspective, the following things are important :
Prelims level: Sahel Region
Mains level: NA
French President Emmanuel Macron announced the end of the decade-long Operation Barkhane in Africa’s Sahel Region.
Note the nations falling in Sahel Region.
Sahel Region
- The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
- Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
- The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
- The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
What is Operation Barkhane?
- France began its military operations in Sahel in January 2013.
- Titled Operation Serval, it was limited to targeting Islamic extremists linked to al-Qaeda who took control of northern Mali.
- However, in 2014, the mission was scaled up, renamed Operation Barkhane and was aimed at counter-terrorism.
- The objective was to assist local armed forces to prevent the resurgence of non-state armed groups across the Sahel region.
- Around 4,500 French personnel were deployed with the local joint counter-terrorism force.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: world university rankings
Mains level: Issues with the autonomy of the universities
Context
- It is sad but not surprising that none of India’s institutions of higher education appears in the list of top 100 universities of the world.
- According to the QS World ranking: The 2023 edition of the Quacquarelli Symonds (QS) world university ranking reckons that three of India’s higher educational institutions amongst the top 200 of the World. Another three are counted among the top 300 whereas two more in the top 400.
- As per the Times Higher education Ranking: The Times Higher Education (THE) ranking places only one Indian institution among the top 400 of the worlds.
- Academic rankings: Rankings are the same with the Academic Ranking of World Universities (ARWU). Barring one of the most eminent public-funded deemed universities of the country, all the rest are Institutions of National Importance (INIs) the Indian Institutes of Technology (IITs), to be specific.
Why other universities reflect poor performance than IITs and INIs?
- IITs have more autonomy: IITs are not only better funded but also generally self-governed, enjoying a greater degree of autonomy as they fall outside the regulatory purview of the University Grants Commission (UGC) and the All-India Council for Technical Education (AICTE).
- Strict UGC regulations: Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime.
- Micro-management of universities functioning: Abiding by UGC regulations and AICTE guidelines, encompasses almost all aspects of their functioning be it faculty recruitment, student admission and the award of degrees. In many cases, they are micro-managed by the regulatory authorities.
- Very less autonomy to UGC affiliated Universities: Most of the universities have become so comfortable with the practice that they rarely assert their autonomy.
- Ranking on basis of compliance: Central universities in the country are also ranked on the basis of their ‘obedience’ to regulatory compliances. Even in the academic domain, many of them are comfortable in publicly stating that they have adopted the model curricula, pedagogy and syllabi prescribed by the regulatory bodies, even though the same may have been only indicative.
What are the good practices of best universities around the world?
- Importance to autonomy: The best universities in the world are continuously sensitized about the importance of their autonomy and are trained and enabled to make their own decisions.
- University autonomy tool for comparison: The European University Association (EUA), for example, prescribes a ‘university autonomy tool’ that lets each member university compare its level of autonomy vis-à-vis the other European higher education systems across all member countries.
- Four specific autonomies for ranking: By focusing on four autonomy areas (organizational, financial, staffing, and academic) the EUA computes composite scores and ranks all the countries in Europe.
What are the efforts taken to improve the universities performance?
- National education policy 2020: A large number of commissions and committees, including the national policies on education (including the National Education Policy 2020), have highlighted the need for higher education autonomy. The new education policy seeks to completely overhaul the higher education system, and to attain this objective, repeatedly emphasizes the need for institutional autonomy.
- Academic and administrative autonomy: The NEP regards academic and administrative autonomy essential for making higher education multi-disciplinary, and that teacher and institutional autonomy are a sine qua non in promoting creativity and innovation.
- Independent board of management: The policy considers a lack of autonomy as one of the major problems of higher education and promises to ensure faculty and institutional autonomy through a highly independent and empowered board of management which would be vested with academic and administrative autonomy.
- Light but tight regulation: It argues for a ‘light but tight’ regulatory framework and insists that the new regulatory regime would foster a culture of empowerment. Further, it goes on to say that by relying on a robust system of accreditation, all higher education institutions would gradually gain full academic and administrative autonomy.
Conclusion
- Universities in India have been losing their autonomy. In the two years since the approval, announcement, and gradual implementation of the NEP, universities in India today are far less autonomous than earlier. If India wants to be leader in knowledge and patent economy then its universities must be freed from clutches of unreasonable regulations.
Mains Question
Q. Why Indian universities does poor on world ranking of universities? Autonomy of university is keystone to improve the performance of universities. Examine.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indigenous developments
Mains level: Self reliant in defence Industry
Context
- Defence-Expo 2022 held in Gandhinagar, Gujarat in October drew attention to a major policy initiative, the need for India to acquire the appropriate degree of “atma nirbharata” (self-reliance) in the defence sector and the arduous path ahead.
What is the present status of defence supplies in India?
- High dependency on foreign supply: Even as India aspires to become a $5-trillion economy, it is evident that it faces many national security inadequacies. The high dependency index on foreign suppliers (traditionally the former USSR now Russia) for major military inventory items is stark.
- Risk of National vulnerability: This dependency induces a macro national vulnerability and dilutes India’s quest for meaningful and credible strategic autonomy.
- Undermining national interest: Furthermore, the current gaps in combat capacity expose the chinks in the Indian ability to safeguard core national security interests. The Galwan setback apropos China is illustrative.
Do you know the following examples of Indigenous defence production?
- INS Vikrant: The commissioning of the indigenously-designed and built aircraft carrier INS Vikrant.
- SLBM Missiles: The recent test fired SLBM (submarine-launched ballistic missile) from the INS Arihant is indigenously bulit.
- LCH Prachand: The induction of the made in India Prachand LCH (light combat helicopter) is significant leap.
- Kalashnikov-type light weapon: The conclusion of a deal with Russia to manufacture a Kalashnikov-type light weapon/small arms in India.
- 155mm artillery Gun: The 155-mm artillery guns being designed and manufactured in the country.
Current scenario of India’s Defence export
- Rising defence export: India’s defence exports have grown eight times in the last five years.
- Exporting the defence material to 75 nations: India is exporting defence materials and equipment to more than 75 countries of the world. In 2021-22, defence exports from India reached $1.59 billion (about Rs 13,000 crore).
- Target of $5 billion export: The government has now set a target of $5 billion (Rs 40,000 crore).” This is an ambitious target and will demand mission-mode resolve to be realised.
Why our defence industry is not competitive at global stage?
- Import of critical components: India does not yet have the domestic competence to fully design and manufacture any significant combat weapon/platform and is dependent on the foreign supplier for the critical components that lie at the core of the combat index of the equipment in question.
- Partial methods of indigenous manufacturing: While it is commendable that India is now going to manufacture the C295 transport aircraft in a collaboration with AirBus, France, the reality is that the engine, avionics, landing gear, etc, will come from abroad and the integration will be done by the Indian entity.
- Soft defence export: While India now claims that it will soon become a major arms exporter, the composition of such inventory leans towards the “soft” category (clothing, helmets, surveillance equipment).
- No major defence manufacturing hub: India missed the industrial design and manufacturing bus, a national competence demonstrated by nations like South Korea and China, over the last five decades. Technological advances have made the design and manufacture of the semiconductor chip the new currency of national prosperity and military power.
- Increasing the investment in R&D is necessary: At the heart of this challenge is the grim reality that historically, India has not invested enough in the national research and development (R&D) effort. As per data collated by the World Bank, India has been able to allocate only 0.66 per cent of GDP (2018) towards R&D, while the world average is 2.63 per cent.
- Matching with the Global players in R&D: The comparable individual R&D allocation (per cent of GDP) for some other nations is as follows: Israel 5.44; USA 3.45; Japan 3.26; Germany 3.14; China 2.4; and Turkey 1.09.
- Making the R&D prior national issue: Providing a sustained fillip to the national R&D effort across the board (state, corporate and academia) remains critical if India is to emerge as a credible military power and one would identify this as a high-priority issue for the national security apex the CCS (cabinet committee on security).
Read this news Defence- Expo 2022
- India’s flagship exhibition on land, naval and homeland security systems.
- Defence-Expo 2022 was the 12th edition, held in Gandhinagar, Gujrat
- Largest participation with 75 countries so far.
- A milestone under Atmanirbhar Bharat policy.
Conclusion
- The push to achieve self-reliance in defence is commendable. India must step up R&D to achieve competence in design, manufacture of combat weapons/platforms. Meaningful indigenisation and credible “atma nirbharta” calls for sustained funding support, fortitude and an ecosystem that will nurture this effort.
Mains Question
Q. Discuss the current state of indigenous defence production in India? Why Indian defence industry is not Globally competitive?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Kisan Rail
Mains level: Read the attached story
Punjab has assured Kerala Government to provide paddy straw for usage as fodder for livestock using the Kisan Rail Project.
Why such move?
- Kerala, being a land-stressed coastal state, does not generate enough roughage that can be used as fodder for cattle.
- It ranks second in milk production after Punjab.
- The move will help Punjab to deal with the excessive paddy straw which contributes to stubble burning.
About Kisan Rail Project
- In the Union Budget 2020-21 an announcement was made by the Union Finance Minister regarding the launch of Kisan Rail.
- The idea behind running Kisan Rail services is to move perishables including fruits, vegetables, meat, poultry, fishery and dairy products from production or surplus regions to consumption or deficient regions.
- The speedy rail movement would thus ensure minimum damage during transit.
How can farmers transport their produce?
- The farmers have to approach the Chief Parcel Supervisor of the Railway Stations from where the Kisan Rail service is scheduled to originate or to have enroute stoppage, along with their consignment.
- Due care is taken to ensure that the packing condition is not faulty.
- The consignment is weighed and charges are levied as per the prescribed parcel rates (P-scale).
Salient features
- 50 percent subsidy is given in freight for transportation of fruits and vegetables.
- The subsidy is being borne by the Ministry of Food Processing Industries under their Operation Greens – TOP to Total scheme.
- There is no minimum limit on quantity that can be booked, enabling small famers to reach bigger and distant markets.
- Kisan Rails are based on the concept of multi commodity, multi consignor, multi consignee and multi stoppages – to help small farmers with lesser produce to transport their consignment without any middleman.
Need for such scheme
- Farmers, especially small and marginal farmers, often find it difficult to sell their produce in markets beyond a certain distance.
- This is primarily due to factors such as non-availability of affordable transport, delay in transit resulting in damage/decay to produce, and unwillingness of road transporters to carry small sized consignments.
Benefits provided
- Access to markets: Vast network of Indian Railways enables farmers from remote villages to connect to the mainstream market and sell their agricultural produce.
- Helps prevent food wastage: It saves times and encourages farmers to transport their perishables to greater distances and bigger markets.
- Getting better deal for farmers: Kisan Rail is a factor enabling improvement in terms of trade for farmers and the real returns received by farmers for their produce.
- Doubling farmers’ income: Access to such markets will enable farmers to sell their produce at a better price, which will go a long way in fulfilling Government’s vision of ‘doubling farmers’ income.’
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Collegium system, NJAC
Mains level: Read the attached story
The Supreme Court has lambasted the Centre for withholding names recommended or reiterated by the collegium for judicial appointments, even saying that the government is using silence and inaction as “some sort of a device” to force worthy candidates and prominent lawyers to withdraw their consent.
Why in news?
- The Union Law Minister since few months has launched a relentless attack on the collegium system for lack of transparency.
What exactly is the Collegium System?
- The collegium system was born out of years of friction between the judiciary and the executive.
- The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
- The Three Judges cases saw the evolution of the collegium system.
Evolution: The Judges Cases
- First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
- However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
- Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
- Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
How does the collegium system work?
- The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
- The collegium can veto the government if the names are sent back by the latter for reconsideration.
- The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
The procedure followed by the Collegium
Appointment of CJI
- The President of India appoints the CJI and the other SC judges.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
- The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
- For other judges of the top court, the proposal is initiated by the CJI.
- The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
- The consultees must record their opinions in writing and it should form part of the file.
- The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
- The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
- Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
- Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
- When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
- In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
- However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
- All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
- Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
- Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
- Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.
Way ahead
- In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
- The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
- Even the majority of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pardoning Powers of president and governor
Mains level: Read the attached story
The Supreme Court has ordered for the immediate release of six convicts who are serving life sentence for more than three decades in the Rajiv Gandhi assassination case.
What is the news?
- The Bench referred to the case of their former co-convict G. Perarivalan, who was granted premature release by the apex court this year in exercise of its extraordinary powers under Article 142 of the Constitution.
What does Pardon mean?
- A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.
Why need a Pardon?
- Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
- Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
- Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.
What does Article 161 say?
- Article 161 of the Constitution provides the Governor with the power to remit or commute the sentence of any prisoner.
- The Governor’s decision will be subject to judicial review by the constitutional courts.
- The advice of the State Cabinet is binding on the Governor in matters relating to commutation/remission of sentences under Article 161.
Why did the Supreme Court intervene here?
- In its judgment in the Perarivalan case in May, the apex court had held that the State Cabinet’s advice was binding on the Governor under Article 161 (Governor’s power of clemency) of the Constitution.
- The Governor had no business forwarding the pardon pleas to the President after sitting on it for years together.
Back2Basics: Article 142
- Article 142 provides discretionary power to the Supreme Court.
- It states that the court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- Such decree shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament.
- It is usually used in cases involving human rights and environmental protection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Currency Manipulation
Mains level: Read the attached story
The United States’ Department of Treasury has removed India from its Currency Monitoring List. India had been on the list for the last two years for alleged manipulation of Rupee.
What is Currency Manipulation?
- Currency manipulation refers to actions taken by governments to change the value of their currencies relative to other currencies in order to bring about some desirable objective.
- It is a designation applied by the US Department of the Treasury, to countries that engage in what is called “unfair currency practices” that give them a trade advantage.
- The typical claim – often doubtful – is that countries manipulate their currencies in order to make their exports effectively cheaper on the world market and in turn make imports more expensive.
Why do countries manipulate their currencies?
- In general, countries prefer their currency to be weak because it makes them more competitive on the international trade front.
- A lower currency makes a country’s exports more attractive because they are cheaper on the international market.
- For example, a weak Rupee makes Indian exports less expensive for offshore buyers.
- Secondly, by boosting exports, a country can use a lower currency to shrink its trade deficit.
- Finally, a weaker currency alleviates pressure on a country’s sovereign debt obligations.
- After issuing offshore debt, a country will make payments, and as these payments are denominated in the offshore currency, a weak local currency effectively decreases these debt payments.
US treasury’s criteria for currency monitoring
To be labelled a manipulator by the U.S. Treasury:
- Countries must at least have a $20 billion-plus bilateral trade surplus with the US
- foreign currency intervention exceeding 2% of GDP and a global current account surplus exceeding 2% of GDP
Which are the countries under this list?
- China, Japan, Korea, Germany, Malaysia, Singapore, and Taiwan are the seven economies that are a part of the current Currency Monitoring List.
- China’s failure to publish foreign exchange intervention and broader lack of transparency around key features of its exchange rate mechanism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Himalayan Langur
Mains level: Not Much
Differences in altitude make a primate species in the same Himalayan habitat choose between flowers and fruits as food options beyond their staple menu of leaves, a new study has revealed.
Himalayan Gray Langur
- The Himalayan (Kashmir) Gray Langur or the Chamba Sacred Langur (Semnopithecus ajax) is a colobine, meaning leaf-eating monkey.
- It is considered an endangered species in IUCN red list.
- According to the Wildlife Protection Act, 1972, the langur is a protected species under Schedule II.
- Globally, its population is estimated to be less than 1,500 mature individuals in 15-20 groups.
Protection measures
- The Gray Langur was once considered a sub-species of the Semnopithecus entellus, commonly known as the Bengal Sacred Langur or Hanuman Langur, but it was separated as a species in 2005.
- Two protected habitats of the species namely Machiara National Park and Dachigam National Park are located in politically disturbed areas.
- Machiara National park is in Pak-Occupied Kashmir where there is very little scope for scientific inputs.
Try this PYQ:
Q.Which one of the following groups of animals belongs to the category of endangered species?
(a) Great Indian Bustard, Musk Deer, Red Panda, Asiatic Wild Ass
(b) Kashmir Stag, Cheetah, Blue Bull, Great Indian Bustard.
(c) Snow Leopard, Swamp Deer, Rhesus Monkey, Saras (Crane)
(d) Lion Tailed Macaque, Blue Bull, Hanuman Langur, Cheetah
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Nadaprabhu Kempegowda
Mains level: Not Much
PM unveiled a 108-feet tall bronze statue of ‘Nadaprabhu’ Kempegowda in Bengaluru, credited to be the city’s founder.
Who was Nadaprabhu Kempegowda?
- Nadaprabhu Kempegowda, a 16th century chieftain of the Vijayanagara empire, is credited as the founder of Bengaluru.
- It is said that he conceived the idea of a new city while hunting with his minister, and later marked its territory by erecting towers in four corners of the proposed city.
- Kempegowda is also known to have developed around 1,000 lakes in the city to cater to drinking and agricultural needs.
- He was from the dominant agricultural Vokkaliga community in south Karnataka.
Political motives behind
- Kempegowda is an iconic figure among Karnataka’s second most dominant Vokkaliga community after Lingayats.
- Political parties plan to woo the Vokkaliga community by honoring Kempegowda.
- The statue would be known as the ‘Statue of Prosperity’.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vande Bharat project
Mains level: Vande Bharat, issues with the railways infrastructure
Context
- When the Prime Minister inaugurated the latest edition of the Vande Bharat train recently, India made a huge leap into the future of mass transportation. The new Vande Bharat Express trains or Vande Bharat 2.0 are expected to usher in an era of faster, safer and more comfortable rail travel for passengers.
- The Vande Bharat Express is a semi-high-speed, electric multiple unit train previously known as Train 18
- It is designed, built by the Integral Coach Factory (ICF) under the Make in India Initiative
- Vande bharat running on 5 routes as of November 2022.
- The first Vande Bharat Express train was flagged off on February 15, 2019, on the New Delhi-Kanpur-Allahabad-Varanasi route.
- All the coaches are equipped with automatic doors, GPS-based audio-visual passenger information system, onboard hotspot Wi-Fi for entertainment purposes, and comfortable seats.
- Vande bharat running on 5 routes as of November 2022.
- Indian Railways hopes to roll out another 25 Vande Bharat train sets by the end of March 2023.
- Railways plans to roll out 75 Vande Bharat trains by Independence Day next year
What is Vande Bharat 2.0?
- The name may be the same, but this train, the third in the Vande Bharat series, is being dubbed ‘Vande Bharat 2.0’, because of certain upgrades it has received over its predecessors.
What are the notable upgrades and newly added features in 2.0?
- Faster and lighter than the previous: This train reaches a top speed of 160 km per hour in 129 seconds, around 16 seconds faster than its predecessor. This is because this train weighs around 392 tonnes, 38 tonnes lighter than the last one, and needs to run almost a km less to attain its top speed.
- Improved on Riding Index: It also has a better riding index (lower the better) of 3.26 at 180 km per hour, from the earlier 3.87. At a standard speed of 115 km per, its riding index is 3.26, better than 3.62 attained at the same speed by the earlier. In layman’s terms, Riding index is a global benchmark to calculate how comfortable and steady the passenger is while the train is in motion.
- Fitted with automatic anti-collision system “Kavach”: In terms of safety features, the new train comes fitted with the automatic anti-collision system Kavach, which the previous trains did not have.
- Improved on safety features: Coaches have disaster lights and their battery backup increased from the last one’s one-hour battery backup. The exterior has eight flatform-side cameras, up from four.
- Passenger communication facility: There is a passenger-guard communication facility in coaches, which comes with automatic voice recording feature.
- Making it flood resilient: The new trainset is higher, making it safe from floods up to 650 mm, up from 400 mm.
- Better quality streaming of audio-visual information with improved network: A centralised coach monitoring system, another new addition, through CCTV cameras, and the internal network supports data at 1 gigabyte per second, This means better quality streaming of audio-visual information.
- Air purification system: The internal air is filtered through photo catalytic ultra violet air purification system with UV lamp which deactivates 99 per cent of germs, the Railways claims something the earlier trainsets did not have.
- Onboard infotainment: It also has a wifi-enabled onboard infotainment system and the LCD display in each coach is now 32 inches, up from the 24-inch screen.
Challenges to the modern railway infrastructure
- Tracks are not in sync with the modern age trains: This new-age train slammed head-on into the “old-age” country on at least two occasions in its very first week. The train crashed into a herd of cows, damaging the aircraft-like nose of the driver coach car.
- Poor fencing along the tracks: The railways built a new-age train but forgot to construct fencing along the tracks to prevent bovine collisions.
- Issues with the battery charging units: Occasional Failure in the battery charging mechanism due to a fault in the charging cable as well as tripping of a circuit breaker needs to addressed.
- Technical glitches in the alerting software system: Failure to alert the technical glitches in the functioning of the system creating problems and adding up to malfunctioning.
Conclusion
- A senior railway official proudly detailed the “superior” features of the Vande Bharat train, which would provide passengers with an “aircraft-like travelling experience” albeit, even quieter than an aircraft, also testified by the Prime Minister But these superior features need superior and resilient infrastructure to achieve the target.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Office of governor, appointment and associated facts.
Mains level: Issues with the office of the governor
Context
- With the rise in instances of tension, and even standoffs, between State governments and Governors, there is once again a debate on the role of the Raj Bhavan and conduct of Governors, the relation of Governors with the Centre and State government, and whether Chief Ministers should have a say in the appointment of Governors in their respective States.
- Executive Powers:
- Nominal Head of the government: These powers are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive.
- Head of the state: He is the constitutional head of the state who appoints the leader of majority party as chief minister. He can seek any information from the chief minister. He appoints the advocate general, chairman and members of the respective state public commission.
- Can recommend the emergency: He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
- Legislative Powers:
- He is part of state legislative.
- No bill can become a law until the governor signs it.
- He can withhold a bill and send it to the President for consideration.
- He can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
- He causes the annual Budget to be presented in the Vidhan Sabha.
- Judicial Powers:
- The governor appoints the district judges.
- He is consulted in the appointment of the judges of the High Court by the President
- He can, pardon, remit and commute the sentence of a person convicted by a state court.
- Financial Powers:
- He causes the annual budget to be laid before the Vidhan Sabha;
- No money bill can be introduced without his prior approval.
- Discretionary Powers:
- Selection of CM: If no party gets an absolute majority, the Governor can use his discretion in the selection of the Chief Minister;
- Real executive of state: During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the President and becomes the real ruler of the state;
- Report to president: He uses his direction in submitting a report to the President regarding the affairs of the state; and
- Withhold the assent: He can withhold his assent to a bill and send it to the President for his approval.
Sarkaria commission’s recommendation on the role of governor
- Chief minister should be involved in appointment: The powers of the President in the matter of selection and appointment of Governors should not be diluted. However, the Governor of a State should be appointed by the President only after consultation with the Chief Minister of that State. Normally the five-year term should be adhered to and removal or transfer should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.
- Governor should convey assent or dissent in time: There should be a time-limit say a period of six months within which the Governor should take a decision whether to grant assent or to reserve a Bill for consideration of the President. If the Bill is reserved for consideration of the President, there should be a time-limit, say of three months, within which the President should take a decision whether to accord his assent or to direct the Governor to return it to the State Legislature or to seek the opinion of the Supreme Court regarding the constitutionality of the Act under article 143.
Additional suggestions by NCRWC
- Committee to appoint the governor: National commission to review the Working of the constitution (NCRWC) recommendations were similar to that of Sarkaria commission. NCRWC has suggested that a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the state in question shall nominate the Governor.
Know the basics: Present constitutional arrangement
- The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure.
- Only Indian citizens above 35 years of age are eligible for appointment to this office.
What is the expert’s opinion?
- Vice-president should be involved: Total composition of the committee is of the ruling party at the Centre. It should be the Vice-President, the Speaker of the Lok Sabha, the Leader of the Opposition, and maybe the Chief Minister of the State.
- Governor should be above the chief minister: Getting the Chief Minister involved in the process of selection is not right. The Governor cannot be made to feel that the Chief Minister was one of those responsible for his selection; the Governor has to be above the Chief Minister, be independent, be able to function in a nonpartisan manner, and not be beholden to the ruling party or to the Chief Minister.
- Minimum qualification to be the governor: we have no criteria, no minimum qualifications laid out for a Governor. These are often retirement perks or rewards for unstinting loyalty to a particular party. Governors cannot be called before a court of law. These are things which have to be kept in mind.
- A guide to chief minister: The Governor is supposed to be a friend, philosopher and guide, helping from the back, sorting out issues and resolving disputes, even between political parties. The Governor has to at times advise the Centre on what is happening and what needs to be done. That brings the Centre and the State together.
Conclusion
- Governors’ role is always in contestation when Centre and state have different government. Governor is a political appointee for political purpose. However, governor should respect the constitutional post he holds and perform his duties and responsibilities without any biases and affiliations.
Mains Question
Q. What actions of governors undermines his constitutional position? What are the recommendations of Sarkaria commissions regarding the governor’s office?
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