Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Live streaming of courts proceedings
From September 27 onward, all proceedings of Supreme Court Constitution Benches will be live-streamed, a full court meeting of the top court has decided.
Background of the move
- History was made on August 26 (2022) when the proceedings from the Chief Justice’s Court in the Supreme Court (SC) were live streamed.
- In the ‘Swapnil Tripathi’ judgment, in September 2018, the SC had cleared the deck for live streaming of cases of national and constitutional importance.
Immediate triggers for live streaming
- They had agreed to hear a public interest litigation seeking live streaming of judicial proceedings on matters of constitutional and national importance.
- Prime considerations cited are:
- De-congestion of courts and
- Improving physical access to courts for litigants who have to otherwise travel long distances
Recommended by A-G
- The Supreme Court approved a set of guidelines suggested by the A-G, which included allowing transcripts and archiving the proceedings.
- However, the A-G suggested that the court must retain the power to withhold broadcasting, and to also NOT permit it in cases involving:
- Matrimonial matters,
- Matters involving interests of juveniles or the protection and safety of the private life of the young offenders,
- Matters of National security,
- To ensure that victims, witnesses or defendants can depose truthfully and without any fear.
- To protect confidential or sensitive information, including all matters relating to sexual assault and rape,
- Matters where publicity would be antithetical to the administration of justice, and
- Cases which may provoke sentiments and arouse passion and provoke enmity among communities.
Live streaming in HCs
- Following the SC’s decision, Gujarat High Court began live streaming its proceedings in July 2021.
- Currently, the Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna High Courts live stream their proceedings.
- Allahabad High Court is learnt to be considering doing the same.
Global examples of live streaming
- United States of America: While the US Supreme Court has rejected pleas for broadcast of its proceedings, it has since 1955 allowed audio recording and transcripts of oral arguments.
- United Kingdom: In 2005, the law was amended to remove contempt of court charges for recording proceedings of the Supreme Court.
Why need live streaming of court?
- Improved accountability: Live-streaming of court proceedings would serve as an instrument for greater accountability and formed part of the Code of Criminal Procedure, 1973.
- Living up the expectation of Constitution: Live Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21
- Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.
- More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know.
- This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
- Academic help: Live streaming may also be a help for academic purposes.
Concerns around live streaming
- Contempt of court: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
- Disinformation and sensationalism: There are fears that irresponsible or motivated use of content could spread disinformation among the public.
- Unnecessary activism: With the advent of social media, every citizen became a potential journalist. Study shows that justices behave like politicians when given free television time, they act to maximize their individual exposure.
Issues to judicial functioning
- Decency of questions: During hearings judges may not ask questions or make comments that could be perceived as unpopular.
- Triggers for oral observations: There is an increasing trend of oral observations of the court, which are not binding on parties replacing reasoned judgment and orders that are consequential.
- Dignity of court may be compromised: Similarly, lawyers, aware of their new audience, may choose to grandstand and play to the gallery, especially in a case they expect to lose.
Way forward
- Selective broadcast: The solution may lie in carefully determining how the live streaming proceeds.
- Careful selection of cases: Not uploading archived stream on the SC website until it is legally/technologically possible to ensure that such videos cannot be spliced.
- Understanding public perception and sentiments: Other similar measures that reflect an understanding of how the public consumes (dis)information will ensure that live streaming enriches constitutionalism across the country.
Conclusion
- A hasty and wholesale introduction on the other hand is likely to land the SC right in the middle of the majoritarian and toxic information swamp that prevails in the country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Read the attached story
On September 19, the Ministry of Home Affairs (MHA) notified the rules governing The Criminal Procedure (Identification) Act, 2022. The Act was passed in March by the Parliament.
Why in news?
- Until rules are notified, an Act cannot be implemented or come into force.
- The legislation would enable police and central investigating agencies to collect, store and analyse physical and biological samples including retina and iris scan of arrested persons.
What is the Criminal Procedure (Identification) Act, 2022?
Ans. It is about critical measurements of Criminals.
- This act provides legal sanction to law enforcement agencies for taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters.
- The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.
What is the use of identification details in criminal trials?
- Measurements and photographs for identification have three main purposes:
- To establish the identity of the culprit against the person being arrested
- To identify suspected repetition of similar offences by the same person and third
- To establish a previous conviction
What was the previous Identification of Prisoners Act, 1920 about?
- Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
- The police requires legal sanction to search the person and collect evidence.
- These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
- The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.
What was the need to replace this Act?
Ans. Changing nature of Crime
- Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
- In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
- This was done in the backdrop of the State of UP vs. Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
- The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
- The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).
What are the main highlights and differences in both the legislations?
- Both provide legal sanction: Like the 1920 Law, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
- Creating usable database of evidences: The purpose is to create a useable database of these measurements.
- Notifying designated state agencies: At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
- NCRB at centre stage: At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.
What are some of the concerns with the present legislation?
- Striking a balance: The new legislation has raised some concerns related to the protection of fundamental rights.
- Unresolved right to Privacy debate: The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
- Notion of physical privacy: A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
- Justifying necessity: As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.
(1) Various tests behind
- In this case, while the first two tests are satisfied, as:
- “prevention and investigation of crime” is a legitimate aim of the state
- “measurements” are being taken under a valid legislation,
- Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.
(2) A probable police state in making
- Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
- That is some of these measurements could be processed for predictive policing.
(3) Includes petty offences
- The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
- The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
- This would definitely overburden the systems used for collection and storage of these measurements.
(4) Period of storage of data
- Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.
(5) Surveillance state
- Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).
(6) Promotes self-incrimination
- Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
- However, this argument is nebulous since the Supreme Court has already settled this point.
- In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
- Therefore, no challenge lies to the law on this ground.
Way forward
- Extensive pre-legislative consultation is must for any sensitive law as such.
- Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PM CARES
Mains level: Issues with PM CARES
The Union government has appointed veteran industrialist Ratan Tata, former Supreme Court judge K.T. Thomas, and former Lok Sabha Deputy Speaker Kariya Munda as trustees of the PM CARES Fund.
PM CARES Fund
- The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
- The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
- The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
- The fund will also enable micro-donations. The minimum donation accepted is ₹10 (14¢ US).
Some intriguing facts about PM-CARES fund
- PM CARES has been created not by law, not by notification, but by the mere creation of a webpage, and set up last year in March to raise funds for those affected by the COVID-19 pandemic.
- The page lists its structure, functions and duties in an arbitrary manner.
- The official appeals for funds are made under the national emblem.
- The most significant lie of this sworn statement is that the Government has no control over the Fund.
The other funds
(1) National Disaster Response Fund (NDRF)
- The statutorily constituted NDRF was established under the Disaster Management (DM) Act of 2005.
- The NDRF is mandated to be accountable, and answerable under the RTI Act, being a public authority, and auditable by the Comptroller and Auditor General of India.
(2) Disaster Response Fund
- The DM Act also provided for a Disaster Response Fund — state and district level funds (besides the national level).
- It also collects and uses the donations at the local level, with mandatory transparency and audit provisions.
(3) Prime Minister’s National Relief Fund
- There is the PMNRF operative since the days of Jawaharlal Nehru. It was established with public contributions to assist displaced persons from Pakistan.
- The resources are now utilised primarily to render immediate relief to families of those killed in natural calamities and to the victims of the major accidents and riots.
- However, it has the President of India and the Leader of Opposition also as trustees.
Issues over PM-CARES Fund
- No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
- Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
- Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.
Questions and gaps
- Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
- Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
- Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
- Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.
Issue over tax benefits
- Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
- CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
- Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.
What can be inferred from all these?
- The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
- The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.
Query and response: Again ironical
- After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
- The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.
Severe interpretations: Is it an Office of Profit?
- If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.
Conclusion
- In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
- The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Programme for Development of Semiconductors and Display Manufacturing Ecosystem
Mains level: Read the attached story
The Union Cabinet has approved a uniform incentive of 50% of the project cost for setting up semiconductor, display and compound semiconductor fabrication units.
Why in news?
- Maharashtra is witnessing a political firestorm.
- The Vedanta Limited shifted its decision to set up a $20 billion Vedanta-Foxconn semiconductor manufacturing facility in neighbouring Gujarat, despite finalising its location near Pune (Mh).
- Foxconn is a major chip supplier to Apple. It has suspended its operations in the Chinese tech hub of Shenzhen and is now shifting to India.
- Bigger companies, such as Intel, TSMC, Samsung, etc., have announced such plans.
Spats between states over the location of critical industries display the grim picture of competitive bidding in India. This portrays India’s negative image as against ease of doing business.
About the Incentive Scheme
- The scheme has been named the “Programme for Development of Semiconductors and Display Manufacturing Ecosystem.”
- Previously, the three schemes had an incentive range of 30-50%.
- While incentives for setting up semiconductor fabrication were based on the size of the chip, for display fabrication and compound semiconductor fabs, the incentives were largely 30% of the total cost of the project.
- This scheme aims to project India’s position as global hub for electronics manufacturing with semiconductors as the foundational building block.
Why need such an incentive?
- Huge Investments involved: Semiconductor Fabrication facility requires many expensive devices to function. Complex tools and equipment are required to test quality and move silicon from location to location within the ultra-clean confines of the plant.
- Economy of scale: In semiconductor fabrication, a high volume production is required to be maintain so as to meet the increasing demand of the marketplace, at the same time, a strong financial backing as Indian market is very much uncertain about financial fluctuations.
- Requirement highly skilled labour: Semiconductor fabrication is a multiple-step sequence of photolithographic and chemical processing steps during which electronic circuits are gradually created on a wafer made of pure semiconducting material. This actually requires high skills.
- Scarcity of raw materials: From a value-chain perspective, it needs silicon, Germanium & Gallium arsenide and Silicon carbide which are not available in India and needs to be imported.
- Uncertain Indian market: A semiconductor fabrication facility in India cannot independently rely on Indian customers for their entire sales structure. They have to maintain overseas customer base to balance inflections from Indian market due to market trends, government policies etc.
- Disposal of hazardous waste: Many toxic materials are used in the fabrication process such as arsenic, antimony, and phosphorus. Hazardous impact on the environment by the industry may act as an impediment to India’s commitment to mitigate climate change.
Other supportive initiatives in India
- India Semiconductor Mission (ISM): It was announced with the aim to attract large-scale investments for manufacturing facilities in the midst of a global chip crisis.
- Make in India: This aims to transform India into a global hub for Electronic System Design and Manufacturing (ESDM).
- PLI scheme: In December 2021 the Centre sanctioned ₹76,000 crore under the production-linked incentive (PLI) scheme to encourage the manufacturing of various semiconductor goods within India.
- DLI scheme: It offers financial incentives, design infrastructure support across various stages of development and deployment of semiconductor design for Integrated Circuits (ICs), Chipsets, System on Chips (SoCs), Systems & IP Cores and semiconductor linked design.
- Digital RISC-V (DIR-V) program: It intends to enable the production of microprocessors in India in the upcoming days achieving industry-grade silicon and design wins by December 2023.
- India Semiconductor Mission (ISM): The vision is to build a vibrant semiconductor and display design and innovation ecosystem to enable India’s emergence as a global hub for electronics manufacturing and design
Way forward
- Policy framework: As foundry setup is highly Capital intensive, it must be supported with a solid long term plan and financial backing. This backing is required from the entrepreneur & the government both.
- Fiscal sustenance: In text of Indian Government as tax holiday, subsidy, zero duty, financial investment etc. will play an important role in promoting the Fab along with the semiconductor industry in India; this will put further pressure on already large Fiscal Deficit.
- Support Infrastructure: World class, sustainable infrastructure, as required by a modern Fab be provided, with swift transportation, large quantity of pure water, uninterrupted electricity, communication, pollutant free environment etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Dharavi
Mains level: Slum rehabilitation
The Maharashtra government gave the go-ahead for fresh tenders in the Dharavi redevelopment project, almost two decades after it was first proposed.
About Dharavi
- Dharavi, infamous as one of the world’s largest slums, is located in the heart of India’s financial capital – Mumbai.
- A city within a city, it is one unending stretch of narrow dirty lanes, open sewers and cramped huts.
- While the land (area of 535 acres) is owned by the government, the houses are maintained by individuals.
- The Dharavi slum came into being in 1884. It was originally inhibited by fisherfolk when the area was still creeks, swamps.
- It became attractive to migrant workers from South Mumbai and others when the swamp began to fill in due to natural and artificial causes.
- The area grew as poor rural Indians migrated to urban Mumbai.
- Today, an estimated 600,000 to 1 million people live crammed in Dharavi.
Economic significance of Dharavi
- Dharavi stands near to India’s richest business district, the Bandra-Kurla Complex, where commercial office premiums are among the highest in the country.
- The slum sprawl, spread over 2.8 sq.km. is home to an informal leather and pottery industry which employs over a lakh people.
What is the Dharavi Redevelopment Project all about?
- The state had envisaged this sprawl be transformed into a cluster of high-rises with improved urban infrastructure.
- It entailed resettling 68,000 people, including slum dwellers and those with commercial establishments.
- The state was to provide 300-sqft houses for free to residents with proof that their slum structure was in existence before January 1, 2000.
- The project was initially mooted in 2004, but never got off the ground due to various reasons.
When redevelopment was first proposed?
- In 1999, the government first proposed to redevelop Dharavi.
- Thereafter, the government of Maharashtra in the year 2003-04 decided to redevelop Dharavi as an integrated planned township.
- An action plan for redevelopment was approved by issuing a government resolution.
- It was decided to develop Dharavi by using land as a resource to cross-subsidie the cost of development through a sale component on the basis of the Slum Rehabilitation Scheme.
- The government also decided to notify the whole of Dharavi as an undeveloped area and to appoint a Special Planning Authority for its development.
- In 2011, the government cancelled all tenders and drew up a master plan.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: social justice
Context
- Union government intends to appoint a national commission to study the status of Dalits (ex “untouchable” castes) belonging to the Muslim and Christian communities. Aim of study to check the socio-economic condition of Muslims and Christian Dalits on par with Hindu, Sikh, Buddhist Dalits.
Current reservation policy
- At present, scheduled caste reservation is applicable only to schedule caste (Dalit) belongs to Hindu, Sikh, Buddhist. Currently it is unavailable for schedule caste belongs to Muslims and Christians.
Why Muslim and Christian Dalit needs reservation?
- In 2008 review-study commissioned by the National Commission of Minorities (NCM) and housed in the Sociology Department of Delhi The remit of the study was to conduct a comprehensive review of already existing social-scientific evidence that might offer answers to three questions.
- What is the contemporary status of Dalit Muslims (DMs) and Dalit Christians (DCs) in terms of their material well-being and social status?
- How does their situation compare with that of: a) non-Dalits of their own communities, and b) Dalits of other communities?
- Do the caste disabilities suffered by these groups justify state intervention?
What were the findings of study?
- The study reviewed two main kinds of available evidence, ethnographic-descriptive and macro-statistical, in addition to semi-academic NGO reports and publications.
- The survey of ethnographic materials began with the finding that the existence of caste divisions – including the presence of ex-untouchable castes recognised as such – among both Muslims and Christians – was beyond dispute.
- DMs and DCs were identified and segregated much like their counterparts in the Hindu or Sikh communities.
- Evidence was tabulated on five forms of caste-based social discrimination – the practice untouchability; enforced ban on inter-marriage; occupational segregation; social and cultural segregation and finally, economic discrimination.
- The most common instances were separate mosques or churches (or hierarchically segregated seating); separate burial grounds; strict prohibition on inter-marriage with very severe punishments (sometimes extending to murder) for breaking this taboo; and general avoidance of social interaction and cooperation.
- The main findings were that DMs are clearly the worst off among all Dalits, while DCs are somewhat better off than other Dalits except Sikh Dalits (who are by far the best off, especially in the rural sector).
Why DMs and DCs doesn’t have reservation?
- The courts accept that “caste survives conversion” but complain about the lack of reliable data. No recognition, no data; no data, no recognition.
- Informal guesstimates (based on the 2001 Census and the 2004-05 NSSO survey) place the proportion of DMs at 1 per cent or less of the Muslim population, and DCs as anything between 40-50 per cent of the Christian population of India.
- As per the 2011 Census, Muslims are 14.2 per cent and Christians 2.3 per cent of our population. Taken together, DMs and DCs are likely to form less than 2 per cent of the total Dalit population of India, more than 90 per cent of which is Hindu.
- According to experts Adding DMs and DCs will not rock the boat of reservation, since the increment will be roughly one-fifth of the 10 per cent reservation readily granted to the upper castes as the Economically Weaker Sections.
What efforts have been made to include Muslims and Christians of Dalit origin among SCs?
- After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose.
- In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament.
- Then government headed by PM Manmohan Singh set up two important panels:
- Ranganath Misra Commission: The National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004 and
- Sachar Committee: A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.
What did they recommend?
- The Sachar Committee Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
- The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be completely de-linked from religion and Scheduled Castes should be made fully religion-neutral like Scheduled Tribes.
Reception to these recommendations
- The report was tabled in Parliament in 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground.
- Few studies, commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data.
Conclusion
- Schedule caste community from all religion India suffers from same fate of untouchability. Change of religion unfortunately, have change their social status. If 70+ year of reservation of Dalit in Hindu haven’t substantially change their social destiny, we have to think beyond reservation for social dignity and economic empowerment of schedule castes in India.
Mains question
Q. Reservation policy in India is religion based and not based on overall social discrimination. Comment in the context of demand for Dalit reservation extension to Christians and Muslims Dalits.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: urban floods mitigation
Context
- The recent events of heavy downpours in short period of time and the recent example of Banglore flood, highlights how cities in India and elsewhere need to adapt to climate change as it brings more extreme rainfall in the future.
What is heavy downpour?
- A downpour or cloudburst is a sudden and unexpected heavy fall of rain.
- It is usually local in nature and of brief duration. Most so-called cloudbursts occur in connection with thunderstorms.
- Heavy downpour in short period causes flood, damage to buildings and infrastructure can disrupt transport, communications and connectivity, loss of crops and livestock.
The heavy rainfall and the Banglore flood causes
- Rise in built up area: Lakes and natural depressions may not always fill up during many monsoons so the people who are unaware of hydrology tempts to build and buy in the catchment areas of water-bodies, which will be disastrous when it rains heavily as there is rise in the quantity.
- Water-logging: rainwater and sewage water are forced to build up, which results in water-logging. The highway acts as a dam for the water ,Garbage frequently clogs drains, which limits the flow of sewage, and they are too small to support the weight of the expanding population.
- Physical shrinkage of water-bodies: Destruction of lakes is a major issue .lakes can store the excess water and regulate the flow of water however the pollution of natural water bodies and converting them for development purposes has increased the risks of floods. Unplanned growth, Rise in population, rise in the built up areas along streams, canals, around the lakes, leaving no storage capacity.
- Compromised runoff potential and health hazards: Choked and encroached drains and lakes, ill designed infrastructure and missing pipes compromising run off potential. Not only the physical quantity of the runoff that poses a hazard. When polluted drains and lakes overflow, the flood can pose a health hazard especially to vulnerable and exposed marginal communities living in informal settlements.
- Zero or limited ability to allow infiltration of water: Encroachments in and around wetlands and green lands harming the natural way of water infiltration and ground water recharge.
- Lack of vision in rain water harvesting: Ignorance towards the tradition rain water harvesting techniques and no or limited vision for creating new systems of rain water harvesting. Exceptionally heavy monsoon rains have been exacerbated by poor urban planning in the Indian tech hub, showing the need for improved water systems.
What are the reasons behind the frequent floods in urban areas?
- Meteorological factors: change in the weather patterns, increase in the temperature leading to heavy rainfall, sudden downpour, cloudburst, thunderstorms, hailstorms etc.
- Hydrological factors: Natural surface infiltration rate, soil moisture level, presence or absence of Overbank flows, Presence of impervious cover, the occurrence of high tides impeding the drainage in coastal cities.
- Man-Made factors:
- Unplanned urbanization: Unplanned settlement is one of the main cause of urban flooding. Blocking of natural drainage pathways through construction activity and encroachment on catchment areas, streams, rivers, lakebeds. Reduced infiltration and ground water recharge of water, destruction of lakes, Land-use changes (e.g. surface sealing due to urbanization, deforestation) increase runoff and sedimentation. Inefficiency or non-maintenance of infrastructure etc.
- Outdated Drainage systems: The old and ill-maintained drainage system is one of the main factor making cities in India vulnerable to flooding
- Encroachments on and around water-bodies: Illegal Habitations started growing into towns and cities alongside rivers and watercourses. As a result of this, the capacity of the natural drains has decreased, resulting in flooding.
- Climate Change: Climate change due to various anthropogenic events has led to extreme weather events, increasing temperature which resulting in heavy rainfall in one part while drought and dry spells in other.
- Poor Solid Waste Management System: Indiscriminate disposal of solid waste, poor waste management system, clogging drains because of accumulation of non-biodegradable wastes are major concerns. Domestic, commercial and industrial waste and dumping of it into the drains also contribute significantly to reducing their capacities.
- Reduced Seepage: use of hard and non-porous construction material making the soil impervious, reducing the seepage capability in no of cities in India.
- Weak Implementation and lack of awareness:Even with provisions of rainwater harvesting, sustainable urban drainage systems, etc, in regulatory mechanisms like the Environmental Impact Assessment (EIA), adoption at user end as well as enforcement agencies remains weak.
- No Community Participation:Flood control measures planned without participation of the affected community are unsustainable as they do not meet the needs of relevant stakeholders.
What can be done to prevent the urban floods and prevent losses?
- Developing climate Resilient Infrastructure: using permeable material for roads and pavement, green roofs and harvesting systems in buildings. To reduce the burden of road infrastructure in cities Outer Ring Road should be explored. Innovative approaches like Sponge Cities wetland restoration, flushing systems using collected rooftop water, public spaces as flexible water retention facilities can be applied to Indian urban areas.
- Use of technology in Early Warning Systems and Communication: Early-warning systems using sensors across waterbodies and drains, and a network of communication for hotspots of emerging flood risk in the wet-season should be put in place. Providing real-time data where traditional systems fail. Tools such as predictive precipitation modelingcan help do that and are also able to link it with the adaptive capacity of urban land use.
- Proper management and regular upgrade of Urban Drainage System: drains need to be cleaned on a regular basis to permit the free flow of water .Proper management of the drainage system is necessary to ensure that the water does not get stored in one place. Watershed management and emergency drainage plan should be clearly enunciated in policy.
- Rainwater Harvesting: It will serve the twin purposes of lowering the peak runoff and raising the groundwater table. Many municipal corporations in India have already made rainwater harvesting compulsory.
- Conservation of Water Bodies: Urban water bodies like lakes, tanks, and ponds also play a very important role in the management of urban flooding by reducing the flood water run-off by capturing it.
- Holistic approach: Improved monitoring, forecasting, and decision-support systems. Find out the different method for improving the preparedness for urban flooding.
- Responsibility on every stakeholder: Locally, citizens, local ward officials and staff will need to work together to minimize dumping of solid waste and garbage in storm-water drains. As this is a socio –political problem, public participation awareness and responsibility of citizen is the need of the hour. To develop a long-lasting solution, all parties must acknowledge the issues and adopt a thorough strategy.
What we as citizens can do on a personal level to prevent the urban environment?
- Raising voice at all available forums and platforms
- Making politicians and bureaucrats accountable
- Refuse to buy a house in the encroached lands.
- Applying methods of rain water harvesting on individual level.
Way ahead
- Exceptionally heavy monsoon rains have been exacerbated by poor urban planning in the Indian tech hub, showing the need for improved water systems.
- Urbanization is a global and inevitable process, and with cities as engines of the economy, built-up areas will continue to grow. But we need to draw upon these experiences and the growing perils of climate change and extreme rain events and change course.
- According to UN projections, by 2050 more than 68% of the world’s population could be concentrated in urban areas.
- In this context, resilience-based strategies should be adopted to improve the capacity to handle the crisis arising out of climate change.
- Wetlands are the kidneys of the earth, let’s keep it healthy.
Mains Question
Q. What are the factors causing flood in the urban cities? What are the measures to prevent the urban flooding keeping in mind the sustainable development? Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Issues with Political Funding
The Election Commission’s ongoing drive to clean up the electoral space has now gone beyond RUPPs (registered unrecognised political parties) to cover recognised national and State parties.
What is Political Funding?
- Political Funding implies the methods that political parties use to raise funds to finance their campaign and routine activities.
- A political party needs money to pitch itself, its objectives, and its intended actions to get votes for itself. (Reference)
Why need political funding?
- Across the world, political parties need access to money in order to reach out to the electorate, explain their policies and receive inputs from people.
- And in order to do the same, parties resort to political party funding.
Generally who makes these funding?
- Individuals: One of the primary sources of this funding is voluntary contributions made by individuals.
- Corporates: Besides this, corporates pay hefty donations to parties in different forms.
- Foreign aid: This is yet another source but highly controversial.
Statutory Provisions
- Section 29B of the Representation of the People Act (RPA) entitles parties to accept voluntary contributions by any person or company, except a Government Company.
- Section 29C of the RPA mandates political parties to declare donations that exceed 20,000 rupees. Such a declaration is made by making a report and submitting the same to the EC. Failure to do so on time disentitles a party from tax relief under the Income Tax Act, 1961.
Methods used by Indian Political Parties
- Individual Persons: Section 29B of RPA allows political parties to receive donations from individual persons.
- State/Public Funding: Here, the government provides funds to parties for election related purposes. State Funding is of two types:
- Direct Funding: The government provides funds directly to the political parties. Direct funding by tax is prohibited in India.
- Indirect Funding: It includes other methods except direct funding, like free access to media, free access to public places for rallies, free or subsidized transport facilities. It is allowed in India in a regulated manner.
- Corporate Funding: In India, donations by corporate bodies are governed under the Companies Act, 2013. Section 182 of the Act provides that:
- A company needs to be at least three years old to be able to donate to a political party.
- Companies can donate up to 7.5% of average net profits made during three simultaneous preceding financial years. (Now removed after Finance Act, 2017)
- Such contributions must be disclosed in the company’s profit and loss account. (Removed)
- Electoral Trusts: A non-profit company created in India for orderly receipt of voluntary contributions from any person like an individual or a domestic company.
- According to the Election Commission Guidelines, all electoral trusts formed after January 2013 are required to declare details of the money received and disbursed.
- The Central Government rules mandate these firms to donate 95% of their total income to registered political parties in a financial year.
Issues with Political Funding
- Money laundering: One of the biggest disadvantages of the corporate funding is the use of fake companies to route black money.
- Influence of contributor: Influence of people and companies over political parties to which they provide funds.
- Election malpractices: There are various gaps in Indian rules, the benefit of which political parties take to avoid any kind of reporting.
- Money politics: Hidden sources of funding lead to more spending of funds in election campaigns, thus impacting the economy of the country.
Recent steps taken
- FCRA Reforms: In March, 2018, the government passed a key amendment to the Foreign Contribution Regulation Act, 2010 allowing foreign companies to fund political parties in India.
- Electoral Bonds Schemes: The government notified the Electoral Bond Scheme on 2nd January, 2018 to establish and cleanse the system of political funding in the country.
What is Electoral Bond Scheme?
- An electoral bond is a bearer instrument like a Promissory Note.
- It can be purchased by any citizen of India or a body incorporated in India to donate to the political party of their choice.
- Donor’s name is not there on the bond.
- These bonds can be used for making donations to the political parties registered under Section 29A of the RP Act, 1951.
- The party should have secured not less than one per cent of the votes polled in the last general election to the Lok Sabha or a Legislative Assembly.
Issues with the scheme
- Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
- No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
- No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
- Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
Way forward
Former Chief Election Commissioner SY Quraishi has suggested an alternative worth exploring:
- A National Electoral Fund to which all donors can contribute.
- The funds would be allocated to political parties in proportion to the votes they get.
- Not only would this protect the identity of donors, it would also weed out black money from political funding.
- There can be a tax benefit for those who donate to the fund.
Try this question from our AWE Initiative
Q.2) Examine the issues with political funding in India. How far has the introduction of electoral bonds succeeded in dealing with the issues with political funding? (10 marks)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pre-Packs, IBC
Mains level: Not Much
India introduced the pre-packaged insolvency resolution process (PPIRP) in April 2021, as an alternative resolution process for micro, small and medium enterprises (MSMEs). However, it has only two cases admitted under it so far.
What is the Insolvency and Bankruptcy Code (IBC)?
- The IBC was enacted in 2016 to simplify insolvency and bankruptcy proceedings, safeguard interests of all stakeholders (the firm, employees, debtors and especially creditors), and resolve non-performing assets.
- From a ‘debtor in possession’ regime, it was a shift to a ‘creditor in control’ one.
- IBC provides for a time-bound process for resolving insolvencies.
- The Insolvency and Bankruptcy Board of India (IBBI) is the regulator implementing the code and overseeing the functioning of stakeholders.
- The IBBI last week allowed payment of performance-linked incentives to resolution professionals.
What are Pre-packs?
- A pre-pack is the resolution of the debt of a distressed company through an agreement between secured creditors and investors instead of a public bidding process.
- This system of insolvency proceedings has become an increasingly popular mechanism for insolvency resolution in the UK and Europe over the past decade.
- Under the pre-pack system, financial creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
- The approval of a minimum of 66 percent of financial creditors that are unrelated to the corporate debtor would be required before a resolution plan is submitted to the NCLT.
- Further NCLTs are also required to either accept or reject any application for a pre-pack insolvency proceeding before considering a petition for a corporate insolvency resolution process (CIRP).
How does it work?
- Unlike the CIRP, an informal understanding is reached with creditors before the application is filed.
- PPIRP begins only after 66% of financial creditors approve the proposal and the name of resolution professional.
- Debt resolution agreement between financial creditor and a potential investor is arrived at in consultation with the corporate debtor for which subsequent approval of the resolution plan is sought from the NCLT.
What were the objectives behind introducing PPIRP?
- MSMEs greatly contribute to the economy, and employ a wide section of the population.
- The pandemic severely impacted their operations.
- This alternative insolvency resolution process was designed to ensure quicker, cost-effective and value-maximizing outcomes for all.
What is the progress in PPIRP so far?
- Only two insolvency cases have been initiated under PPIRP since it was introduced.
- The poor response has been attributed to the hesitancy on the part of financial institutions.
- In the case of CIRP, the haircut involved is a last resort, against a voluntary one in case of PPIRP.
- Data shows that between December 2016 and June 2022, a total of 5,636 CIRPs commenced, of which 3,637 have been closed.
Does PPIRP defeat the purpose of IBC?
- The IBC’s objective is to facilitate exit from failed units so that capital can be reallocated to better ones.
- However, banks are not comfortable initiating PPIRP due to voluntary haircuts.
- There is a fear that such a decision might be scrutinized later.
- This means capital will remain locked up in failed units, defeating the purpose of IBC.
- Voluntary haircuts mean fewer resources from the winding-up process and greater scope for corrupt practices.
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From UPSC perspective, the following things are important :
Prelims level: Lumpy Skin Disease
Mains level: Read the attached story
The Mumbai Police have ordered the prohibition of cattle transportation in the city to prevent the spread of the lumpy skin disease (LSD).
What is the Lumpy Skin Disease?
- Lumpy skin disease is caused by the lumpy skin disease virus (LSDV), which belongs to the genus capripoxvirus, a part of the poxviridae family.
- Smallpox and monkeypox viruses are also a part of the same family.
- The LSDV shares antigenic similarities with the sheeppox virus (SPPV) and the goatpox virus (GTPV) or is similar in the immune response to those viruses.
How does it spread?
- It is not a zoonotic virus, meaning the disease cannot spread to humans.
- It is a contagious vector-borne disease spread by vectors like mosquitoes, some biting flies, and ticks and usually affects host animals like cows and water buffaloes.
- Infected animals shed the virus through oral and nasal secretions which may contaminate common feeding and water troughs.
- Thus, the disease can either spread through direct contact with the vectors or through contaminated fodder and water.
- Studies have also shown that it can spread through animal semen during artificial insemination.
How does it affect the animal?
- LSD affects the lymph nodes of the infected animal, causing the nodes to enlarge and appear like lumps on the skin, which is where it derives its name from.
- The cutaneous nodules, 2–5 cm in diameter, appear on the infected cattle’s head, neck, limbs, udder, genitalia, and perineum.
- The nodules may later turn into ulcers and eventually develop scabs over the skin.
- The other symptoms include high fever, sharp drop in milk yield, discharge from the eyes and nose, salivation, loss of appetite, depression, damaged hides, wasting of animals, infertility and abortions.
Do it kills the animal?
- The incubation period or the time between infection and symptoms is about 28 days according to the FAO, and 4 to 14 days according to some other estimates.
- The morbidity of the disease varies between two to 45% and mortality or rate of date is less than 10%.
- However, the reported mortality of the current outbreak in India is up to 15%, particularly in cases being reported in the western part (Rajasthan) of the country.
What is the geographical distribution and how did it spread to India?
- The disease was first observed in Zambia in 1929.
- Subsequently it got spread to most African countries, followed by West Asia, Southeastern Europe, and Central Asia, and more recently spreading to South Asia and China in 2019.
- As per the FAO, the LSD disease is currently endemic in several countries across Africa, parts of the West Asia (Iraq, Saudi Arabia, Syrian Arab Republic), and Turkey.
Lumpy in India
- The spread in South Asia first affected Bangladesh in July 2019 and then reached India in August that year, with initial cases being detected in Odisha and West Bengal.
- The long porous borders between India, Nepal and Bangladesh allow for a significant amount of bilateral and informal animal trade, including cattle and buffaloes.
- This may have contributed to the spread of LSD in July-August 2019 between Bangladesh and India.
- While the 2019 outbreak later subsided, the recent spread in India began in June this year.
Is it safe to consume the milk of affected cattle?
- Studies say that it has not been possible to ascertain the presence of viable and infectious LSDV virus in milk derived from the infected animal.
- However, that a large portion of the milk in Asia is processed after collection and is either pasteurised or boiled or dried in order to make milk powder.
- This process ensures that the virus is inactivated or destroyed.
Economic implications of Lumpy on Dairy Sector
- Milk reduction: Lumpy leads to reduced milk production as the animal becomes weak and also loses appetite due to mouth ulceration.
- Animal wasting: The income losses can also be due to poor growth, reduced draught power capacity and reproductive problems associated with abortions, infertility and lack of semen for artificial insemination.
- Impact of trade ban: Movement and trade bans after infection also put an economic strain on the whole value chain.
Why India is at higher risk?
- India is the world’s largest milk producer at about 210 million tonnes annually.
- India also has the largest headcount of bovines
- In Rajasthan, which is witnessing the worst impact of LSD, it has led to reduced milk production, which lessened by about three to six lakh litres a day.
- Reports indicate that milk production has also gone down in Punjab owing to the spread of the disease.
- According to FAO, the disease threatens the livelihoods of smaller poultry farmers significantly.
- Notably, farmers in Uttar Pradesh and Punjab have incurred losses due to cattle deaths and are seeking compensation from their State governments.
How bad is the current spread in India?
- Lumpy has infected over 16 lakh cattle in 197 districts as of September 11.
- Of the nearly 75,000 cattle that the disease has killed, more than 50,000 deaths, mostly cows, have been reported from Rajasthan.
Remedies available in India
- The Union Ministry of Fisheries, Animal Husbandry and Dairying informed that the ‘Goat Pox Vaccine’ is very effective against LSD.
- It is being used across affected States to contain the spread.
Way forward
The FAO has suggested a set of spread-control measures for LSD, which involves:
- Vaccination of susceptible populations with more than 80% coverage
- Movement control of bovine animals and quarantining
- Implementing biosecurity through vector control by sanitising sheds and spraying insecticides
- Strengthening active and passive surveillance
- Spreading awareness on risk mitigation among all stakeholders involved, and
- Creating large protection and surveillance zones and vaccination zones
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Retreat of Monsoon
Mains level: Not Much
The southwest monsoon rainfall, 7% more than normal, has started to withdraw.
What is Monsoon Withdrawal/Retreat?
- In India, retreating monsoon is the withdrawal of south-west monsoon winds from North India.
- The withdrawal is gradual and takes about three months.
- With the retreat of the monsoons, the clouds disappear and the sky becomes clear. The day temperature starts falling steeply.
- Monsoon rains weaken all over India except few southeastern states.
- It is helpful in Rabi crop cultivation.
Factors affecting the retreat
Two predominant factors cause the phenomenon:
(1) Land topography
- First, the low mountain range in each region runs from north to south, shielding it from west-bound winds that trigger summer monsoon.
- After summer, the range aids in the ‘orographic lift’ or rising of east-bound air mass from a lower to higher elevation, forming clouds and resulting in rain.
(2) Atmospheric convection
- The second factor is atmospheric convection or vertical movement of air.
- As the earth is heated by the sun, different surfaces absorb different amounts of energy and convection may occur where the surface heats up very rapidly.
- As the surface warms, it heats the overlying air, which gradually becomes less dense than the surrounding air and begins to rise.
- This condition is more favorable from September to February because of the role played by sea surface temperature or water temperature.
Immediate factors influencing withdrawal
- The withdrawal of the monsoon is based on meteorological conditions such as-
- Anti-cyclonic circulation (dry air that is the opposite of a cyclone)
- Absence of rain in the past five days and
- Dry weather conditions over the region
When does it occur?
- The monsoon withdrawal is a long-drawn process and extends into mid-October, though the IMD considers September 30 to be the final day of the season over India.
- The rain after that is categorised as “post-monsoon” rainfall.
Try this PYQ:
Q.The seasonal reversal of winds is the typical characteristic of:
(a) Equatorial climate
(b) Mediterranean climate
(c) Monsoon climate
(d) All of the above climates
Post your answers here.
Also read:
Various terms related to Indian Monsoon
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Triple Dip La-Nina
Mains level: Read the attached story
Parts of the world are expected to experience severe weather for the rest of the year and into 2023, as part of a rare “triple dip La Nina” event, according to the World Meteorological Organization (WMO).
What is the “Triple-Dip” La Nina?
- A “triple-dip” La Nina is a multiyear cooling of the surface temperature of the equatorial Pacific Ocean, which can cause droughts, fierce winds and heavy rainfall.
- According to WMO, the current La Nina is projected to span three consecutive northern hemisphere winters. It began in September 2020.
- If it continues for the next six months, it will be the first “triple-dip” La Nina event of the 21st century, WMO says.
How rare is this triple-dip?
- It is exceptional to have three consecutive years with a la Nina event.
- Its cooling influence is temporarily slowing the rise in global temperatures – but it will not halt or reverse the long-term warming trend.
- La Nina’s are usually preceded by El Nino, a weather pattern that warms the surface of the eastern tropical Pacific Ocean.
- However, an El Nino event did not occur before the current La Nina.
Has it happened before? Will it happen again?
- La Nina’s occurred several times between 1903 to 2010 and 2010 to 2012.
- This would be the first “triple-dip” La Nina this century.
- However, it is not unprecedented for the weather pattern to last more than nine months to a year, which is typical for a La Nina.
Evaluating the likely impact
- In the Indian context, La Nina is associated with good rainfall during the monsoon season.
- This is the opposite of El Nino which is known to suppress monsoon rainfall.
- Thus, a continued spell of La Nina could lead to expectation of another year of good, or normal, rainfall during the monsoon.
- Until now, the monsoon season this year has produced 7% more rain compared to normal. Last year, the seasonal rainfall was almost 100%.
- But, even though powerful, ENSO condition is only one of the several factors affecting monsoon rainfall in India.
Impact on rainfall
- There is no one-on-one correlation between the ENSO condition and the amount of rainfall.
- Also, the influence of ENSO is at a macro level.
- There are wide variations in rainfall at the local level, which are getting exacerbated by climate change.
Differential impacts of this triple-dip event
- The continuance of La Nina further into 2023 is not bad news from the Indian standpoint. But it is not the same for many other regions where La Nina has very different impacts.
- In most parts of the United States, for example, La Nina is associated with very dry winters.
- In Australia and Indonesia, and generally in the tropical region, La Nina is expected to bring more rainfall.
- The excessive rainfall in Pakistan, which is experiencing its worst flooding disaster, can also be blamed in part on La Nina.
- It said that the persistence of La Nina was most likely to result in a worsening of the drought in Africa.
What is its climate change link?
- Every unusual weather event these days is attributed to climate change, but science is not conclusive right now.
- The occurrences of El Nino or La Nina are not very regular.
- Sometimes they emerge every two years, at other times there has been a gap of even seven years.
- Historical records do not go very far in the past.
- As a result, the natural variability of ENSO is not understood very clearly.
- And when the natural variability itself is not clear, the influence of global warming is difficult to quantify.
- But there is clearer evidence of another kind of linkage with global warming.
- During La Nina years, the colder surfaces allow the oceans to absorb more heat from the atmosphere.
- Consequently, the air temperatures tend to go down, producing a cooling effect.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: particulars of doctrine of essentiality
Mains level: judicial reforms
Context
- A two-judge Bench of the Supreme Court of India is presently hearing arguments on the correctness of a Karnataka High Court judgment that upheld the ban on the use of the hijab by students in Karnataka which raises question on doctrine of essentiality.
What is ‘doctrine of essentiality’?
- A seven-judge Bench of the Supreme Court invented the doctrine of “essentiality” in the Shirur Mutt case in 1954. The court held that the term “religion” will cover all rituals and practices “integral” to a religion.
Importance doctrine of essentiality
- In the legal framework, the doctrine of essentiality is a doctrine that has evolved to protect the religious practices that are essential or integral and does not violate any fundamental right. India being a secular country has discrete religious beliefs and to deny any is to violate the freedom of religion.
Why hijab is not an essential practice?
- Wearing of hijab (head scarf) by Muslim women does not form a part of essential religious practices in Islamic faith and it is not protected under the right to freedom of religion guaranteed under Article 25 of the Constitution of India, the High Court of Karnataka declared on March 15 2022.
Is hijab essential part of Islam?
- The Qur’an instructs Muslim women and men to dress modestly, and for some, the hijab is worn by Muslim girls and women to maintain modesty and privacy from unrelated males. According to the Encyclopedia of Islam and Muslim World, modesty concerns both men’s and women’s “gaze, gait, garments, and genitalia”.
How do you identify essential religion practice?
- The Court observed that in order to determine whether or not a particular practice is an essential part of religion, the test must be whether the absence of the practice itself
- Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.
Examples of the essential religious practices test
- While these issues are largely understood to be community-based, there are instances in which the court has applied the test to individual freedoms as well.
- In a 2004 ruling, the Supreme Court held that the Ananda Marga sect had no fundamental right to perform the Tandava dance in public streets since it did not constitute an essential religious practice of the sect.
- For example, in 2016, the Supreme Court upheld the discharge of an airman from the Indian Air Force for keeping a beard.
- It distinguished the case of a Muslim airman from that of Sikhs who are allowed to keep a beard.
- In 2015, the Supreme Court restored the Jain religious practice of Santhara/Sallekhana (a ritualistic fast unto death) by staying an order of the Rajasthan HC.
What is the Supreme Court’s judgement on Doctrine of Essentiality?
- The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954.
- It is a contentious doctrine evolved by the court to protect only such religious practices which were essential and integral to the religion.
- The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.
- Referring to the Ayodhya case, the Constitution Bench had ruled in 1994 that A mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) by Muslims can be offered anywhere, even in open.
How has the doctrine been used in subsequent years?
- The ‘essentiality doctrine’ of the Supreme Court has been criticised by several constitutional experts.
- Scholars of constitutional law have argued that the essentiality/integrality doctrine has tended to lead the court into an area that is beyond its competence, and given judges the power to decide purely religious questions.
- As a result, over the years, courts have been inconsistent on this question — in some cases they have relied on religious texts to determine essentiality.
- In others it relied on the empirical behaviour of followers, and in yet others, based on whether the practice existed at the time the religion originated.
Issues over the doctrine
- In the beginning, the court engaged with the question of whether untouchability, manifested in restrictions on entry into temples, was an “essential part of the Hindu religion”.
- After examining selected Hindu texts, it came to the conclusion that untouchability was not an essential Hindu practice.
- The idea of providing constitutional protection only to those elements of religion which the court considers “essential” is problematic as it assumes that one element or practice of religion is independent of other elements or practices.
- So, while the essentiality test privileges certain practices over others, it is, in fact, all practices taken together that constitute a religion.
How does essentiality square up against religious freedom?
- Freedom of religion was meant to guarantee freedom to practice one’s beliefs based on the concept of “inward association” of man with God.
- The apex court in ‘Ratilal Panachand Gandhi vs The State of Bombay and Ors’ (March 18, 1954) acknowledged that “every person has a fundamental right to entertain such religious beliefs as may be approved by his judgment or conscience”.
- The framers of the Constitution wanted to give this autonomy to each individual. Scholars have argued that the essentiality test impinges on this autonomy.
- The apex court has itself emphasised autonomy and choice in its Privacy (2017), 377 (2018), and Adultery (2018) judgments.
Its effect on society
- Narrowing of safeguards to religious customs: It has allowed the Court to narrow the extent of safeguards available to religious customs by directly impinging on the autonomy of groups to decide for themselves what they deem valuable, violating, in the process, their right to ethical independence.
- Negated legislation that might otherwise enhance the cause of social justice: It has also negated legislation that might otherwise enhance the cause of social justice by holding that such laws cannot under any circumstances encroach on matters integral to the practice of a religion. For example, in 1962, the Court struck down a Bombay law that prohibited excommunications made by the Dai of the Dawoodi Bohra community when it held that the power to excommunicate is an essential facet of faith and that any measure aimed at social welfare cannot reform a religion out of its existence.
- A principle of anti-exclusion: Its application would require the Court to presume that a practice asserted by a religious group is, in fact, essential to the proponents of its faith. But regardless of such grounding, the Constitution will not offer protection to the practice if it excludes people on grounds of caste, gender, or other discriminatory criteria.
Conclusion
- For now, any Court hearing a matter touching upon a matter of faith has the unenviable task of acting not merely as an expert on law but also as an expert on religion.
Mains question
Q. Every person has a fundamental right to entertain such religious beliefs as may be approved by his judgment or conscience. Critically examine in context of doctrine of essentiality.
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Context
- In an interview earlier this month, Telecom Minister Ashwini Vaishnaw spoke about a comprehensive policy roadmap for India’s digital economy and digital governance.
What is digital governance ?
- Electronic governance or e-governance can be defined as the usage of Information and Communication Technology (ICT) by the government to provide and facilitate government services, exchange of information, communication transactions and integration of various standalone systems and services.
What is “global digital governance”?
- Global digital governance encompasses the norms, institutions, and standards that shape the regulation around the development and use of these technologies. Digital governance has long-term commercial and political implications.
Why is it important?
- The main objective of e-governance is to provide a friendly, affordable, and efficient interface between a government and its people. It is about ensuring greater transparency, accountability and objectivity, resulting in cost-effective and high-quality public service.
What are the three domains of e-governance?
- E-administration: improving government processes
- E-services: connecting individual citizens with their government
- E-society: building interactions with and within civil society.
Is there a historical parallel to governing key economic sectors globally?
- Digital economy is not unprecedented: Sectors critical to the global economy are subject to international cooperation frameworks and pacts. Therefore, the idea of setting up a single multilateral organization with a mandate to govern the digital economy is not unprecedented.
- The International Commission for Air Navigation (ICAN): Global aviation has been regulated since 1903 when the International Commission for Air Navigation (ICAN) first met, subsequently replaced by the International Civil Aviation Organization (ICAO) in 1947.
- Bank for International Settlements (BIS): Similarly, the modern international banking system is governed by the Bank for International Settlements (BIS), an institution initially set up in the interwar period in 1930 to oversee Germany’s reparations to the Allies under the Treaty of Versailles. The BIS acquired a more global mandate beginning in the 1950s and is now partially responsible for global financial stability.
Who are the key players in the global contest for digital governance?
- China seeks to champion the concept of cyber sovereignty: An authoritarian vision drives the first model. Most notably, China is emerging as the standard-bearer for this model with its desire to “reinvent the internet.” China seeks to champion the concept of “cyber sovereignty,” allowing countries to control access to the internet, censor content, and institute data localization requirements, as a pretext to protecting individual national interests.
- European Union’s General Data Protection Regulation (GDPR): Which provides a more democratic concept for digital governance. This model primarily seeks to protect the privacy and rights of internet users and online content consumers. Adopted with the overwhelming support of the European Parliament in 2014, the GDPR came into effect in May 2018, giving firms that rely on digital technologies the opportunity to modify their data usage and privacy policies. The adoption of the GDPR has been a turning point for global internet governance as consumers gained unprecedented control over their data in a manner that preserved freedom and openness online.
Why global digital governance is important?
- Minimum rights and protections for platform workers: Under the G20, the International Labour Organisation has already placed a proposal in the employment working group for digital labour platforms to develop an international governance system determining minimum rights and protections for platform workers.
- Implementation of central bank digital currency projects: Similarly, on digital money, a reincarnated Bretton Woods is being advocated to address the distrust in private currencies and to coordinate the implementation of central bank digital currency projects.
- Digital taxation: Finally, in the deeply contested area of digital taxation, the OECD facilitated Base Erosion and Profit Shifting (BEPS) negotiations and helped arrive at a global solution.
- Digital sovereignty: The internet is splintering and digital sovereignty is now commonplace; yet, there is no better time for countries to come together and build a framework for global digital governance.
What are the big 5 tech companies called?
- The Big Five tech giants—Apple, Amazon, Google (Alphabet), Meta, and Microsoft.
Conclusion
- The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India and its youth. It is now up to all of us to engage in a collective “sabka prayas” to realise New India’s economic potential.
Mains question
Q. The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India. Comment.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Death penalty debate
The Supreme Court has referred to a Constitution Bench the question of how to provide accused in death penalty cases a “meaningful, real and effective” hearing of their mitigating circumstances before a trial judge.
Death Penalty: A backgrounder
- Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
- It should be distinguished from extrajudicial executions carried out without due process of law.
- The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.
When is it awarded?
- The term “Capital Punishment” stands for most severe form of punishment.
- It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity.
- While the definition and extent of such crimes vary, the implication of capital punishment has always been the death sentence.
Special factors on the death penalty jurisprudence in India
(a) Increase in Sexual Offences
- The report on death penalty published by NLU Delhi shows that the rate of awarding capital punishment to the offences of rape with murder is much higher than other offences.
- There is no doubt that rape is one of the most heinous crimes.
(b) Sedition and waging War against India
- India has seen many cases of treason, terrorism and seditious activities.
- It is in fact the most vulnerable state for such crimes.
Judicial observations related to Death Penalty
The Supreme Court has always said that the death sentence should be given rarely.
Judgments against:
(a) Mithu vs State of Punjab (1983):
- The Supreme Court ruled that the mandatory death penalty is unconstitutional.
- It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case.
- The Supreme Court ruled Section 303 violated Articles 14 (right to equality) and 21 (right to life) since an unreasonable distinction was sought to be made between two classes of murders.
(b) State of Punjab vs Dalbir Singh (2012):
- Similarly, the Supreme Court ruled that mandatory death penalty as punishment for crimes under Section 27 (3) of the Arms Act, 1959, was unconstitutional.
(c) Channulal Verma vs State of Chhattisgarh (2018):
- In Channulal, the Supreme Court, through Justice Kurian Joseph noted that the time was appropriate to review the constitutionality of the death penalty and take into consideration reformative aspects of punishment
Judgments in favour:
- In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
- It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
- This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.
Avenues available to a Death-Row Convict
- Confirmation by HC: After a trial court awards the death penalty, the sentence must be confirmed by a High Court. The sentence cannot be executed till the time the High Court confirms it, either after deciding the appeal filed by the convict, or until the period allowed for preferring an appeal has expired.
- Review Petition: If the High Court confirms the death penalty and it is also upheld by the Supreme Court, a convict can file a review petition.
- Curative Petition: If the review petition is rejected, the convict can file a curative petition for reconsideration of the judgment.
- Mercy Petition: Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites, or remissions of punishments or to suspend, remit or commute the sentence of any convicted person.
Debate over Death Penalty
Arguments in favor:
- Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
- Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
- Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
- Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
- Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
- Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
- Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.
Arguments against:
- Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
- Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
- Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
- Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
- Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
- Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
- Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
- Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.
Other issues with such executions
(a) Socio-Economic Factors
- The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
- The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
- These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.
(b) Delayed Execution
- The law provides for a long process before the execution of the convicts actually takes place.
- The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
- Their trials are often cruelly forced to endure long periods of uncertainty about their fate.
Way forward: Law Commission recommendations on death penalty
The Law Commission of India in its 262nd Report (August 2015) recommended that:
- Death penalty be abolished for all crimes other than terrorism related offences and waging war.
- Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
- It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.
Further, the Commission sincerely hopes that the movement towards absolute abolition will be swift and irreversible
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Quota benefits for religious convertees
The Centre is likely to soon decide on setting up a national commission to study the social, economic and educational status of Dalits who converted to religions other than Hinduism, Buddhism and Sikhism.
What is the news?
- Several petitions are pending before the Supreme Court seeking Scheduled Caste (SC) reservation benefits for Dalits who converted to Christianity or Islam.
Dalit Convertees and Quota Benefits
- The original rationale behind giving reservation to Scheduled Castes was that these sections had suffered from the social evil of untouchability, which was practised among Hindus.
- Under Article 341 of the Constitution, the President may specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall…be deemed to be Scheduled Castes.
- The first order under this provision was issued in 1950, and covered only Hindus.
- Following demands from the Sikh community, an order was issued in 1956, including Sikhs of Dalit origin among the beneficiaries of the SC quota.
- In 1990, the government acceded to a similar demand from Buddhists of Dalit origin, and the order was revised to state: “No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of Scheduled Caste.”
Does this religion-based bar apply to converted STs and OBCs as well?
- It does not.
- The Department of Personnel and Training (DoPT) website states, “The rights of a person belonging to a Scheduled Tribe are independent of his/her religious faith.”
- Following the implementation of the Mandal Commission report, several Christian and Muslim communities have found place in the Central and state lists of OBCs.
What efforts have been made to include Muslims and Christians of Dalit origin among SCs?
- After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose.
- In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament.
- Then government headed by PM Manmohan Singh set up two important panels:
- Ranganath Misra Commission: The National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004 and
- Sachar Committee: A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.
What did they recommend?
- The Sachar Committee Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
- The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be completely de-linked from religion and Scheduled Castes should be made fully religion-neutral like Scheduled Tribes.
Reception to these recommendations
- The report was tabled in Parliament in 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground.
- Few studies, commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data.
What lies ahead?
- Based on the recommendations of the Ranganath Misra Commission, there are some petitions pending before the Supreme Court, seeking reservation benefits for Christians and Muslims of Dalit orgin.
- In the last hearing, a three-judge Bench gave the Solicitor General of India three weeks’ time to present the stand of the Union government on the issue.
- The next hearing is awaited.
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From UPSC perspective, the following things are important :
Prelims level: Plant treaty
Mains level: Not Much
The ninth session of the governing body of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) has recently begun in New Delhi.
Theme of this years event
- The theme of the meeting is ‘Celebrating the Guardians of Crop Diversity: Towards an Inclusive Post-2020 Global Biodiversity Framework’.
What is the Plant Treaty?
- The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) was adopted by the Food and Agriculture Organization of the United Nations November 3, 2001.
- It was signed in 2001 in Madrid, and entered into force on 29 June 2004.
- It is the first legally-binding international instrument to formally acknowledge the enormous contribution of indigenous people and small-holder farmers as traditional custodians of the world’s food crops.
- It also calls on nations to protect and promote their rights to save and use the seeds they have taken care of for millennia.
- The parties to this treaty have come together after nearly three years to discuss governance of agricultural biodiversity and global food security.
Objectives of the treaty
The treaty aims at:
- Guaranteeing food security through the conservation
- Exchange and sustainable use of the world’s plant genetic resources for food and agriculture (PGRFA)
- Fair and equitable benefit sharing arising from its use, as well as
- Recognition of farmers’ rights.
Key feature: Annex 1 Crops
- The treaty has implemented a Multilateral System (MLS) of access and benefit sharing, among those countries that ratify the treaty, for a list of 64 of some of the most important food and forage crops essential for food security and interdependence.
- The genera and species are listed in Annex 1 to the treaty. The treaty facilitates the continued open exchange of food crops and their genetic materials.
- The list of plant genetic material included in the Multilateral System of the Treaty is made of major food crops and forages.
- The Forages are also divided in legume forages and grass forages.
- They were selected taking into account the criteria of food security and country interdependence
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From UPSC perspective, the following things are important :
Prelims level: PM PRANAM Scheme
Mains level: India's fertilizer subsidy
In order to reduce the use of chemical fertilisers by incentivising states, the Union government plans to introduce a new scheme – PM PRANAM, which stands for PM Promotion of Alternate Nutrients for Agriculture Management Yojana.
What is the PM PRANAM scheme?
- The proposed scheme intends to reduce the subsidy burden on chemical fertilisers.
- This burden if uneased, is expected to increase to Rs 2.25 lakh crore in 2022-2023, which is 39% higher than the previous year’s figure of Rs 1.62 lakh crore.
- The scheme will not have a separate budget and will be financed by the “savings of existing fertiliser subsidy” under schemes run by the Department of fertilisers.
Subsidies under the PRANAM
- Further, 50% subsidy savings will be passed on as a grant to the state that saves the money and that 70% of the grant provided under the scheme can be used for asset creation related to technological adoption of alternate fertilisers.
- It would create alternate fertiliser production units at village, block and district levels.
- The remaining 30% grant money can be used for incentivising farmers, panchayats, farmer producer organisations and self-help groups that are involved in the reduction of fertiliser use and awareness generation.
- The government will compare a state’s increase or reduction in urea in a year, to its average consumption of urea during the last three years.
How much fertiliser does India require?
- The kharif season (June-October) is critical for India’s food security, accounting for nearly half the year’s production of foodgrains, one-third of pulses and approximately two-thirds of oilseeds.
- A sizable amount of fertiliser is required for this season.
- The Department of Agriculture and Farmers Welfare assesses the requirement of fertilisers each year before the start of the cropping season, and informs the Ministry of Chemical and fertilisers to ensure the supply.
- The amount of fertiliser required varies each month according to demand, which is based on the time of crop sowing, which also varies from region to region.
- For example, the demand for urea peaks during June-August period, but is relatively low in March and April, and the government uses these two months to prepare for an adequate amount of fertiliser for the kharif season.
Why is the scheme being introduced?
- Due to increased demand for fertiliser in the country over the past 5 years, the overall expenditure by the government on subsidy has also increased.
- The final figure of fertiliser subsidy touched Rs 1.62 lakh crore in 2021-22.
- The total requirement of four fertilisers — Urea, DAP (Di-ammonium Phosphate), MOP (Muriate of potash), NPKS (Nitrogen, Phosphorus and Potassium) — increased by 21% between 2017-2018 and 2021-2022, from 528.86 lakh metric tonnes (LMT) to 640.27 LMT.
- PM PRANAM, which seeks to reduce the use of chemical fertiliser, will likely reduce the burden on the exchequer.
- The proposed scheme is also in line with the government’s focus on promoting the balanced use of fertilisers or alternative fertilisers in the last few years.
Try this PYQ:
Q.What are the advantages of fertigation in agriculture? (CSP 2020)
1.Controlling the alkalinity of irrigation water is possible.
2.Efficient application of Rock Phosphate and all other phosphatic fertilizers is possible.
3.Increased availability of nutrients to plants is possible.
4.Reduction in the leaching of chemical nutrients is possible.
Select the correct answer using the code given below:
(a) 1, 2 and 3 only
(b) 1,2 and 4 only
(c) 1,3 and 4 only
(d) 2, 3 and 4 only
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: types of inflation
Mains level: inflation overview
Context
- It seems that inflation may hover around 7 per cent despite RBI’s tightening of monetary policy in the months to come.
What is a simple definition for inflation?
- Inflation is an increase in the level of prices of the goods and services that households buy. It is measured as the rate of change of those prices. Typically, prices rise over time, but prices can also fall (a situation called deflation).
Inflation Rate
- Inflation Rate is the percentage change in the price level from the previous period. If a normal basket of goods was priced at Rupee 100 last year and the same basket of goods now cost Rupee 120, then the rate of inflation this year is 20%.
- Inflation Rate= {(Price in year 2 – Price in year 1)/ Price in year 1} *100
Types of Inflation
Creeping Inflation
- Creeping or mild inflation is when prices rise 3% a year or less. This kind of mild inflation makes consumers expect that prices will keep going up. That boosts demand. Consumers buy now to beat higher future prices. That’s how mild inflation drives economic expansion.
Walking Inflation
- This type of strong, or pernicious, inflation is between 3-10% a year. It is harmful to the economy because it heats up economic growth too fast. People start to buy more than they need, just to avoid tomorrow’s much higher prices. This drives demand even further so that suppliers can’t keep up. More important, neither can wages. As a result, common goods and services are priced out of the reach of most people.
Galloping Inflation
- When inflation rises to 10% or more, it wreaks absolute havoc on the economy. Money loses value so fast that business and employee income can’t keep up with costs and prices. Foreign investors avoid the country, depriving it of needed capital. The economy becomes unstable, and government leaders lose credibility. Galloping inflation must be prevented at all costs.
Hyperinflation
- Hyperinflation is when prices skyrocket more than 50% a month. It is very rare. In fact, most examples of hyperinflation have occurred only when governments printed money to pay for wars. Examples of hyperinflation include Germanyin the 1920s, Zimbabwe in the 2000s, and Venezuela in the 2010s. The last time America experienced hyperinflation was during its civil war.
Core Inflation
- The core inflation rate measures rising prices in everything except food and energy. That’s because gas prices tend to escalate now and then. Higher gas costs increase the price of food and anything else that has large transportation costs.
Consumer Price Index
- CPI is used to monitor changes in the cost of living over time. When the CPI rises, the average Indian family has to spend more on goods and services to maintain the same standard of living. The economic term used to define such a rising prices of goods and services is Inflation.
Whole sale Price Index
- WPI is used to monitor the cost of goods and services bought by producer and firms rather than final consumers. The WPI inflation captures price changes at the factory/wholesale level.
GDP Deflator
- Another important measure of calculating standard of living of people is GDP Deflator. GDP Deflator is the ratio of nominal GDP to real GDP. The nominal GDP is measured at the current prices whereas the real GDP is measured at the base year prices. Therefore, GDP Deflator reflects the current level of prices relative to prices in a base year. Example, In India the base year of calculating deflator is 2011-12.
Factors fuelling inflation in India
- Falling rupee: Inflation is here to stay because it has much to do with the decline in value of the rupee that has fallen to its lowest, which makes imports of oil and gas more expensive.
- Ukraine crisis: The war in Ukraine has the same effect and pushes the price of some food items upward.
- Poor inflation management: With inflation, as measured by the consumer price index, in August going back to 7 per cent, and the wholesale price index coming in at 12.4 per cent, one thing is clear India is not out of the woods on inflation management.
Rising inflation have these implications
- Impact on the poor: This upsurge of inflation is affecting the poor more because some of the commodities whose prices are increasing the most represent a larger fraction of the budget of the most vulnerable sections of society.
- Rising inequality: As a result, inequalities which were already on the rise are increasing further. Recently, the State of Inequality in India report showed that an Indian making Rs 3 lakh a year belonged to the top 10 per cent of the country’s wage earners.
- Inequality in healthcare: India’s spending on healthcare is among the lowest in the world. Decent level of healthcare is available only to the ones who can afford it because of increasing out-of-pocket expenditure the payment made directly by individuals for the health service, not covered under any financial protection scheme. Overall, these out-of-pocket expenses on healthcare are 60 per cent of the total expenditure on public health in India, which is one of the highest in the world.
Need for bold steps on three fronts to tackle inflation
- Unless bold and innovative steps are taken at least on three fronts, GDP growth and inflation both are likely to be in the range of 6.5 to 7.5 per cent in 2022-23.
1] Tightening of loose monetary policy: The Reserve Bank of India (RBI) is mandated to keep inflation at 4 per cent, plus-minus 2 per cent.
- The RBI has already started the process of tightening monetary policy by raising the repo rate, albeit a bit late.
- It is expected that by the end of 2022-3, the repo rate will be at least 5.5 per cent, if not more.
- It will still stay below the likely inflation rate and therefore depositors will still lose the real value of their money in banks with negative real interest rates.
- That only reflects an inbuilt bias in the system — in favour of entrepreneurs in the name of growth and against depositors, which ultimately results in increasing inequality in the system.
2] Prudent fiscal policy: Fiscal policy has been running loose in the wake of Covid-19 that saw the fiscal deficit of the Union government soar to more than 9 per cent in 2020-21 and 6.7 per cent in 2021-22, but now needs to be tightened.
- Government needs to reduce its fiscal deficit to less than 5 per cent, never mind the FRMB Act’s advice to bring it to 3 per cent of GDP.
- However, it is difficult to achieve when enhanced food and fertiliser subsidies, and cuts in duties of petrol and diesel will cost the government at least Rs 3 trillion more than what was provisioned in the budget.
3] Rational trade policy: Export restrictions/bans go beyond agri-commodities, even to iron ore and steel, etc. in the name of taming inflation.
- But abrupt export bans are poor trade policy and reflect only the panic-stricken face of the government.
- A more mature approach to filter exports would be through a gradual process of minimum export prices and transparent export duties for short periods of time, rather than abrupt bans, if at all these are desperately needed to favour consumers.
Conclusion
- Though the government is opting for market-based economics, currently, India needs a mixed solution that comprises price stability via government channels and subsidies.
Mains question
Q.What are the fuelling factors for inflation? Discuss what steps should be taken to tackle inflation.
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From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Three Capitals Issue in AP
After much discontent on the High Court (HC) verdict in the three capitals case, the Andhra Pradesh government has finally challenged it in the Supreme Court through a special leave petition (SLP).
AP’s move for three capitals
- AP had introduced a ‘Three Capitals Act’ titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
- Thus, it was decided that:
- Amaravati was to be the Legislative capital
- Visakhapatnam the Executive capital and
- Kurnool the Judicial capital
- However, the Andhra Pradesh High Court repealed this Act citing that the legislature has no competence to enact any law for shifting the three organs of the capital.
Concerns raised by AP government
- AP contended that the judgement was in violation of the basic structure of the Constitution as the HC cannot hold that the State does not have the powers to decide on its capital.
- The judgement was against the doctrine of separation of powers as it sought to preempt the legislature from taking up the issue (of three capitals).
- Further, it is argued that under the federal structure of the Constitution, every State has an inherent right to determine where it should carry out its capital functions from.
Reasons for AP’s consideration
(1) Viable option of Visakhapatnam
- Vizag always had been the biggest city, after Hyderabad, even in the combined State.
- It has all the settings to become a good living space.
(2) Sri Krishna panel recommendations
- The advantages and qualities of Visakhapatnam to become the capital was elaborately deliberated by the Sri Krishna Committee to study the alternatives for a new capital for the State of Andhra Pradesh.
- Coming to suggestion for the alternative capital, the Committee primarily took up three things for consideration — creation of single city or super city in greenfield location, expanding existing cities and distributed development.
(3) Decentralisation
- This idea was elaborately described in the Sri Bagh pact.
- The pact clearly defined decentralisation, for the benefit of all three main regions such as Coastal AP, Godavari and Krishna districts and Rayalaseema.
Major practical problems
- Continuum of work: The government argues that the Assembly meets only after gaps of several months, and government Ministers, officers, and staff can simply go to Amaravati when required.
- Logistics nightmare: coordinating between seats of legislature and executive in separate cities will be easier said than done.
- Time and costs of travel: The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.
Examples of multi-capital states in India
- Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
- Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
- The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals where Darbar Move is carried out.
Back2Basics: Special Leave Petition
- SLP hold a prime place in the Indian judicial system.
- It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.
- It has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
- Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree.
- It is discretionary power vested in the Supreme Court of India and the court may in its discretion refuse to grant leave to appeal.
- The aggrieved party cannot claim special leave to appeal under Article 136 as a right, but it is privilege vested in the Supreme Court to grant leave to appeal or not.
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