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  • Waste Management – SWM Rules, EWM Rules, etc

    What is SWM Cess and Why is It Levied on Waste Generators?

    Explained | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Why in the News?

    The Bruhat Bengaluru Mahangara Palike (BBMP) has proposed a Solid Waste Management (SWM) Cess of ₹100 per month for each household.

    What is Cess?

    • A cess is a form of tax or levy imposed by governments to fund specific services or purposes, such as waste management or infrastructure development.

    How has the SWM cess fared so far?

    • Purpose of SWM Cess: SWM Cess is intended to cover a portion of the costs incurred by Urban Local Bodies (ULBs) in providing SWM services, which are resource-intensive and crucial for maintaining cleanliness and health standards in urban areas.
    • Legal Provisions: According to the Solid Waste Management Rules, 2016, ULBs are mandated to collect user fees/cess for SWM services. The proposed increase reflects the rising costs and challenges faced by ULBs in managing solid waste effectively.

    Why has it hit the headlines suddenly?

    • Significant Increase in User Fee: The proposed SWM Cess represents a substantial increase from the previous user fees typically charged by ULBs (Urban Local Bodies) across India, which are generally in the range of ₹30-50 per month. Such a significant rise in fees has garnered attention and sparked debate among residents and stakeholders in Bengaluru.
    • Impact on Residents: The SWM Cess directly affects every household in Bengaluru, potentially adding financial burden on residents. This has led to widespread discussions and concerns among citizens about the affordability and justification of the proposed increase.

    Present Status in Bengaluru:

    • Bengaluru faces significant challenges in solid waste management (SWM) due to its large population and high daily waste generation of approximately 5,000 tonnes. Managing such volumes requires extensive resources and infrastructure.
    • The Bruhat Bengaluru Mahangara Palike (BBMP) primarily focuses its SWM efforts on the collection and transportation of waste. These activities are labor-intensive and consume a major portion of BBMP’s budget allocated for SWM services.
    • SWM services constitute a substantial portion of BBMP’s budget, with limited revenue generated from these services. This financial strain necessitates the proposal of initiatives like the SWM Cess to bridge the funding gap and ensure sustainable service delivery.

    What is about to change?

    • Proposed Changes: Going forward, Bengaluru plans to implement several changes in its SWM strategy.
      • These include revising user fees and potentially increasing charges on bulk waste generators to better cover operational costs and enhance service efficiency.
    • Strategies for Improvement: BBMP aims to enhance waste management practices through initiatives such as waste segregation at source, promoting decentralized composting centres, and launching public awareness campaigns. These efforts are aimed at optimizing resource utilization and improving overall SWM effectiveness in the city.

    Mains PYQ: 

    Q What are the impediments in disposing of the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)

     

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  • Direct Benefits Transfers

    PM-Kisan Samman Nidhi Yojana

    Schemes | Agriculture | Mains Paper 3: Agriculture and related issues

    Why in the News?

    The Prime Minister will release the 17th installment of the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN), amounting to over ₹20,000 crore, for 92.6 million beneficiary farmers across the country.

    About the PM-KISAN Scheme

    • The PM-KISAN is a Central Sector Scheme with 100% funding from the Government of India.
    • It is being implemented by the Ministry of Agriculture and Farmer’s Welfare.
    • Launched: In February 2019.
    • Aim: To help procure various inputs to ensure proper crop health and appropriate yields, commensurate with the anticipated farm income at the end of each crop cycle.
    • Objective: To provide eligible farmers with an annual financial assistance of ₹6,000.
      • This assistance is distributed in three equal instalments of ₹2,000 each every 4 months, via Direct Benefit Transfer (DBT) into beneficiaries’ bank accounts.
    • Beneficiaries:
      • Farmer families that hold cultivable land can apply for the benefits of this plan.
      • Small and Marginal Farmers (SMFs) (a farmer who owns cultivable land up to 2 hectare as per land records of the concerned State/UT.).
      • The entire responsibility of identification of beneficiary farmer families rests with the State / UT Governments.

    Do you know?

    The PM-KISAN scheme was first conceived and implemented by the government of Telangana as the Rythu Bandhu scheme.

    Rythu Bandhu Scheme

    • It is also known as the Farmer’s Investment Support Scheme (FISS).
    • It is a welfare programme for farmers started in 2018 by the Telangana government.
    • Under the scheme, the state government provided the 58 lakh farmers in Telangana with ₹5,000 per acre of their land as a farm investment for two crops.
    • There is no ceiling on the number of acres held by a farmer.
    • So, a farmer who owns two acres of land would receive Rs 20,000 a year, whereas a farmer who owns 10 acres would receive Rs 1 lakh a year from the government.
    • This investment is made twice a year, once for the kharif harvest and once for the Rabi harvest.
    • It is the country’s first direct farmer investment support scheme where cash is paid directly to the beneficiary.

    Impact of the Scheme

    • Beneficiaries outreach: Over 11 crore farmers (with more than 3 crore women farmers) across the country have availed of the PM-Kisan scheme, indicating its widespread reach and impact.
    • Financial Support: This financial aid helps farmers meet their agricultural expenses, purchase seeds, fertilizers, and other inputs, and support their families’ livelihoods.
    • Improved Agricultural Practices: This contributes to food security and boosts the agricultural sector’s growth.
    • Poverty Alleviation: The scheme plays a crucial role in alleviating poverty among small and marginal farmers by providing them with a steady source of income just like Universal Basic Income (UBI).
    • Enhanced Livelihoods: PM-Kisan supports farmers’ livelihoods, by providing a safety net during times of agricultural distress or economic uncertainties, ensuring a better quality of life for rural communities.

    PYQ:

    [2020] Under the Kisan Credit Card scheme, short-term credit support is given to farmers for which of the following purposes?

    1. Working capital for maintenance of farm assets.
    2. Purchase of combine harvesters, tractors and mini trucks.
    3. Consumption requirements of farm households.
    4. Post-harvest expenses.
    5. Construction of family house and setting up of village cold storage facility.

    Select the correct answer using the code given below:

    (a) 1, 2 and 5 only

    (b) 1, 3 and 4 only

    (c) 2, 3, 4 and 5 only

    (d) 1, 2, 4 and 5

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  • Indian Air Force Updates

    Tarang Shakti-2024: Indian Air Force’s First Multinational Air Exercise

    Prelims Only | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Why in the News?

    • The Indian Air Force’s first multinational air exercise, Tarang Shakti-2024, will be held in August.
      • It is inspired by the Red Flag exercise hosted by the US.

    Tarang Shakti-2024

    • Originally planned for late 2023, the exercise was postponed.
    • The exercise will be conducted in two distinct phases:
    1. Phase One: Scheduled in southern India during the first two weeks of August.
    2. Phase Two: To be held in the western sector from late August to mid-September.
    • Some countries will partake in both phases, facilitating comprehensive training scenarios, while others will engage in specific phases based on operational objectives.
    • Confirmed Participants:
      • Australia, France, Germany, Japan, Spain, UAE, UK, USA, among others.

    Red Flag Exercise 

    • Hosted by USAF: The recently concluded Red Flag exercise at Eielson Air Force Base, Alaska, involved diverse international participation.
      • IAF Deployment: Deployed eight Rafale fighters, supported by IL-78 mid-air refuellers and C-17 Globemaster aircraft.
      • Combat Simulations: Included scenarios for air combat, with Red and Blue Forces simulating defensive and offensive roles respectively.

    Significance of the Exercise

    • The exercise provides a platform to showcase advanced military technologies and capabilities, including fighter jets, transport aircraft, and aerial refuelling systems.
    • This enables participants to demonstrate their equipment’s effectiveness and interoperability in multinational settings.
    • It would enhance regional stability and promote collective security in the Indo-Pacific region.
    • It reinforces India’s role as a key partner in global security initiatives and strengthens diplomatic relations with participating countries.

    PYQ:

    [2024] Which of the following statements about the Exercise Mitra Shakti-2023 is/ are correct?

    1. This was a joint military exercise between India and Bangladesh.
    2. It commenced in Aundh (Pune).
    3. Joint response during counter-terrorism operations was a goal of this operation.
    4. Indian Air Force was a part of this exercise.

    Select the answer using the code given below:

    (a) 1, 2 and 3

    (b) 1 and 4

    (c) 1 and 4

    (d) 2, 3 and 4

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  • Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

    What is an Electromagnet?

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

    PC: The Hindu

    Why in the News?

    Recently Scientists have designed a magnetic resonance imaging (MRI) scanner that costs a fraction of existing machines, setting the stage for improving access to this widely used diagnostic tool. So we need to know about the Electromagnet.

    What is an Electromagnet?

    • Invented in 1824 by William Sturgeon, electromagnets revolutionised technology.
    • Sturgeon was an English physicist and inventor who discovered that wrapping a coil of wire around a piece of iron and passing an electric current through the wire produced a magnetic field.
    • Electromagnets are used in Loudspeakers for sound reproduction, Motors for mechanical movement., and MRI machines for medical imaging, etc

    How Electromagnets Work?

    • Electric current flowing through a wire generates a magnetic field around the wire.
    • Coiling the wire enhances this magnetic field by concentrating it within the coil’s core.
    • This configuration creates an electromagnet, where the strength of the magnetic field is directly proportional to the current flowing through the coil.
    • The magnetic flux density so generated is measured in ‘Tesla’.

    Enhancing Magnetic Strength with a Core

    • Coiling the wire around a magnetic material (core), such as iron or steel:
      • Amplifies the magnetic field produced by the electric current.
      • Ferromagnetic materials like iron align their internal magnetic domains with the external magnetic field generated by the coil.
      • This alignment significantly increases the overall magnetic strength of the electromagnet compared to a non-magnetic core.

    Persistence of Magnetization

    • It refers to the property of a material to retain a certain amount of magnetization even after the removal of an external magnetic field.
    • Certain core materials exhibit retained magnetization even after the current ceases.
    • This residual magnetism is useful in applications requiring sustained magnetic fields, such as:
      • Superconducting electromagnets used in MRI machines, are capable of producing magnetic fields up to 30 Tesla.
      • Research electromagnets like those used in particle physics, which require stable and powerful magnetic fields.

    Who was Michael Faraday (1791-1867)?

    • Michael Faraday was a pioneering English scientist and physicist who made substantial contributions to the fields of electromagnetism and electrochemistry.
    • Faraday is best known for his experiments and discoveries in electromagnetism, which laid the groundwork for the principles of electromagnetic induction and the laws of electrolysis.

    Key achievements of Michael Faraday include:

    1. Electromagnetic Induction: He discovered electromagnetic induction in 1831, showing that a changing magnetic field induces an electric current in a nearby conductor.
    2. Electrochemistry: Faraday formulated the laws of electrolysis, which describe the quantitative relationship between the amount of material produced or consumed during electrolysis and the amount of electricity passed through the electrolyte.
    3. Faraday’s Laws of Electromagnetic Induction: These laws describe the fundamental principles of generating electricity using magnetic fields, forming the basis for the development of electric generators and transformers.
    4. Faraday Cage: He invented the Faraday cage, a device used to block electromagnetic fields.

     

    PYQ:

    [2011] Microbial fuel cells are considered a source of sustainable energy. Why?

    1. They use living organisms as catalysts to generate electricity from certain substrates.
    2. They use a variety of inorganic materials as substrates.
    3. They can be installed in wastewater treatment plants to cleanse water and produce electricity.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Madras High Court’s Interpretation of POSH Act, 2013

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

    Why in the News?

    Madras HC upheld the ‘Right to Report’ serious incidents of sexual harassment a time, rejecting the 3-month deadline under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH), 2013.

    • Long-term emotional and psychological damage on victims underscored the need for a broader application of the law.

    Right to Report under POSH Act, 2013

    • Case Background: The decision came while addressing a police officer’s petition to quash an enquiry report for alleged sexual assault against a female colleague.
    • Madras HC Reasoning: Serious allegations leading to “grave mental trauma” and “stress” constitute a “continuing offence” under POSH, allowing victims to report and investigate at any time.
    • Notable Observations: the Madras HC distinguished between isolated incidents and serious allegations like assault or molestation.
    1. Isolated Incidents: Must adhere to strict deadlines under POSH.
    2. Serious Allegations: Treated as continuous misconduct until addressed, allowing flexibility in reporting timelines due to fear of victimisation.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, laid down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishakha Guidelines, which were already in place.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lays down procedures and defines various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at the Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behaviour

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. 
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstances amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. The promise of preferential treatment in her employment
    2. The threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    Description
    Filing a complaint The aggrieved victim has the option to file a complaint with the ICC, but it is not compulsory for the ICC to act.
    Assistance in filing a complaint Any member of the ICC must provide reasonable assistance to the victim in filing a written complaint.
    Filing a complaint on behalf of the victim If the victim is unable to file a complaint due to incapacity, death, or other reasons, her legal heir may file it on her behalf.
    The time limit for filing a complaint The complaint must be made within 3 months from the date of the incident
    Extension of time limit ICC has the authority
    Monetary settlement and conciliation Yes. It is possible.
    Forwarding complaint or initiating an inquiry Must be completed within 90 days.
    Confidentiality of information The act ensures the confidentiality of the woman’s identity, respondent’s identity, inquiry details, recommendations, and actions taken

    Requirements imposed on employers

    Description
    Internal Complaints Committee (ICC) Employers with more than 10 employees must establish an ICC to address sexual harassment complaints.
    Composition of ICC The ICC must include women employees, another employee, and a third-party member familiar with sexual harassment issues.
    Local Committee (LC) for smaller organizations Organizations with fewer than 10 employees must create an LC to receive complaints from the informal sector.
    Complaint filing process Women can file written complaints to either the ICC or LC within three to six months of the incident.
    Resolution methods The Act provides two resolution methods: conciliation between the parties involved or conducting an inquiry by the committee.
    Annual audit report Employers must file an annual audit report on sexual harassment complaints and take responsibility for conducting workshops, awareness programs, and orientation for ICC members.
    Non-compliance penalties Non-compliance with the Act can result in penalties, including fines.

     

    PYQ:

    [2019] What are the continued challenges for Women in India against time and space?

    [2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.

    [2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:

    1. Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc.,whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
    2. Swayam Siddha is implemented through Local Self Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

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  • Historical and Archaeological Findings in News

    Unsolved issue of the Buddha Relics from Bavikonda

    Prelims Only | History | Mains Paper 1: Arts & Culture

    Why in the News?

    • Ten years after the division of Telangana from united Andhra Pradesh, the distribution of antiquities, manuscripts, and cultural objects remains contentious.
      • The custody of objects like Buddha Relics from Bavikonda are part of this dispute.

    About Bavikonda Buddhist Complex

    • Bavikonda, a significant ancient Buddhist site dating from the 3rd century BC to the 3rd century AD, is located along the Eastern Coastline of Andhra Pradesh near Visakhapatnam on the way to Bheemunipatnam.
    • It is located an ancient trade route linking Andhradesa with North India via Kalinga, along with its proximity to ancient ports.
    • The discovery of Roman silver coins further supports this historical context.
    • The site also features Buddhapada slabs intricately carved with Ashtamangala symbols, found on the platforms surrounding the Mahachaitya.

    About Buddha Relics from Bavikonda

    • The relics were discovered in 1993 during archaeological excavations conducted by the Andhra Pradesh Department of Archaeology and Museums (DAM).
    • These discoveries have significantly contributed to our understanding of the spread of Buddhism in the region during the post-Ashoka period along the Krishna River basin.
    • Nature of Relics:
    • The site at Bavikonda yielded several earthen vessels containing gold objects and precious beads.
    • These relics are believed to include corporeal remains (related to skull) of the Buddha, along with silver and gold caskets.
    • These were found alongside an earthen urn or receptacle (Samudgaka) containing ashy deposits and burnt charcoal.

    Noted Buddhavanam Sites in Andhra Region

    • Thotlakonda: Located near Visakhapatnam, Thotlakonda is another prominent Buddhist site dating back to the 3rd century BC to the 3rd century AD. It consists of monastic complexes, stupas, chaityas, viharas, and a university. Excavations have revealed relics and artifacts indicating it was a major center for Buddhist learning and trade.
    • Salihundam: Situated near Srikakulam, Salihundam dates from the 2nd century BC to the 12th century AD. It features remnants of stupas, votive stupas, monastic complexes, and sculptures. The site is noted for its architectural and sculptural heritage, reflecting a blend of Buddhist and Hindu influences over centuries.
    • Pavurallakonda: Close to Bheemunipatnam, Pavurallakonda is a Buddhist hilltop monastery dating back to the 3rd century BC to the 2nd century AD. It includes viharas, chaityas, and relic caskets. The site offers panoramic views of the coastline, adding to its spiritual ambiance.
    • Ghantasala: Located near Krishna district, Ghantasala served as an ancient Buddhist site from the 2nd century BC to the 2nd century AD. It contains stupas, viharas, and relics that indicate its significance as a trading hub and center for Buddhist teachings.
    • Nagarjunakonda: Situated in the Guntur district, Nagarjunakonda is an island on the Krishna River that flourished from the 3rd century BC to the 3rd century AD. It boasts numerous Buddhist monasteries, stupas, chaityas, and sculptures. The site is renowned for its architectural grandeur and extensive archaeological findings.

     

    PYQ:

    [2015] Which of the following kingdoms were associated with the life of Buddha?

    1. Avanti
    2. Gandhara
    3. Kosala
    4. Magadha

    Select the correct answer using the codes given below:

    (a) 1, 2 and 3

    (b) 2 and 3 only

    (c) 1, 3 and 4

    (d) 3 and 4 only

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  • RTI – CIC, RTI Backlog, etc.

    CIC upholds decision of Rashtrapati Bhavan on RTI query

    Prelims Only | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Why in the News? 

    • The Central Information Commission (CIC) upheld Rashtrapati Bhavan’s response to an RTI query regarding the number of times former President Kovind returned decisions by the Prime Minister/Union Council of Ministers for reconsideration.
      • The President’s Secretariat stated that no information was available on record regarding such returns.

    Back2Basics: Right to Information (RTI)

    • The RTI Act of 2005 grants Indian citizens the right to access government-held information, with exceptions.
    • Its goal is to enhance transparency and accountability in public authorities.
    • This Act replaced the earlier Freedom of Information Act of 2002.
    • RTI aligns with Freedom of Speech and Expression (Article 19) in India’s Constitution.

    About Central Information Commission (CIC)

    Details
    Establishment Set up under the Section 12 of the Right to Information Act, 2005.
    Function
    • Oversees implementation of RTI Act in Central Government and Union Territories.
    • Resolves complaints and decides appeals related to the Act.
    Headquarters New Delhi
    Composition
    • Chief Information Commissioner (CIC)
    • Up to 10 Information Commissioners (IC), (appointed by President on recommendation of PM-led Committee consisting Leader of Opposition and Cabinet Ministers.)
    Qualifications CIC and IC must be persons of eminence in public life with wide knowledge and experience in: Law, Science and Technology, Social Service, Management, Journalism, Mass Media, Administration, and Governance.

    NON-ELIGIBLITY: Members of Parliament or Legislature of any State or Union Territory, hold any office of profit, be connected with any political party, or carry on any business or profession.
    Tenure
    • CIC and IC hold office for such term as prescribed by Central Government or until they attain age of 65 years, whichever is earlier.
    • NO Reappointment.
    • IC can be appointed as Chief Information Commissioner, but total tenure including term as IC should not exceed 5 years.
    Removal
    • President can remove CIC or IC on grounds like insolvency, conviction for moral turpitude, engaging in another office of profit, etc.
    • Removal for misbehaviour requires Supreme Court enquiry and recommendation.
    Salary & Conditions Salary, allowances, and service conditions determined by Central Government, cannot be varied to their disadvantage during service (After RTI Amendment Act,2019)
    How RTI amendment, 2019 has changed CIC?
    • Before the 2019 amendment to the RTI Act, ICs at the CIC held a 5-year fixed term and were considered equal in status to the Chief Election Commissioner and Supreme Court judges.
    • The 2019 amendments granted the Centre the power to alter these terms at its discretion.
    Functions
    • Receives and inquires into complaints related to RTI Act violations, including non-appointment of Public Information Officer, refusal or delay in information, unreasonable fees, incomplete or false information.
    • Submits annual report on Act’s implementation to Central Government, presented to Parliament.
    Powers
    • Can suo-moto order inquiries, summon persons, enforce oaths, access and inspect documents, receive evidence on affidavit, requisition public records, summon witnesses, and enforce compliance of decisions.
    • Can direct public authorities on information access, officer appointments, record management, training, and impose penalties or compensation for non-compliance.

     

    PYQ:

    [2018] The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (150 words)

    [2019] There is a view that the Officials Secrets Act is an obstacle to the implementation of RTI Act. Do you agree with the view? Discuss.

    [2020] “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.

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  • Death Penalty Abolition Debate

    What are the standards for awarding death sentence, the President’s ‘Mercy’ power?

    Prelims Only | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Why in the News?

    • The President of India has rejected a Mercy Petition to pardon a Pakistani terrorist.
      • The accused was one among the Lashkar-e-Tayyeba terrorists who attacked the Red Fort in 2000, killing two soldiers and a civilian guard.

    What is the process of Mercy Petition?

    • Step 1: The convict facing a death sentence can file a mercy petition within 7 days of the Supreme Court dismissing their appeal.
    • Step 2: The convict or their relative submits a written petition to the President or governor, citing grounds such as sole breadwinner, physical/mental health, perceived harshness of the law, or judicial errors.
    • Step 3: The petition is forwarded to the Ministry of Home Affairs for assessment and recommendations, including consultation with the relevant State government.
    • Step 4: Based on Home Ministry recommendations and the Council of Ministers’ advice, the President can accept or reject the mercy plea without a specified time limit.
    • Step 5: While governors cannot pardon death sentences, they can commute, remit, or reprieve sentences under their state’s executive powers for offences against state laws.

    Judiciary on Mercy Petitions:

      • Bachan Singh v. State of Punjab (1980): The Supreme Court, upheld the death penalty but set the stringent criteria. It emphasized that the death penalty should be awarded only in the “rarest of rare” cases when all mitigating circumstances are considered.
      • In Maru Ram v. Union of India (1981), the Supreme Court ruled that the power to grant pardons under Article 72 of the Constitution must be exercised based on the advice of the Council of Ministers.
      • In Kehar Singh vs Union of India (1989) case, the court asserted that presidential pardon is an act of grace, not a right that can be claimed. The exercise of this power is purely administrative and not subject to judicial review.
      • In the Dhananjoy Chatterjee vs State of West Bengal (1994) case, the Supreme Court clarified that the pardoning powers under Articles 72 and 161 of the Constitution can only be exercised by the Central and State Governments, respectively, and not autonomously by the President or Governor.
      • In Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006), the Supreme Court ruled that the clemency powers of the President and Governor under Article 72 and Article 161 are subject to judicial review.
      • In Shatrugan Chauhan v. State of U.P. (2014), the appex court has also commuted the death sentence in cases of inordinate delay in deciding mercy petitions. The court commuted the sentence of one Gurmeet Singh after he spent 27 years in custody (and 21 years on death row). 
      • In Mohd. Afzal Guru vs State of Delhi (2014) case, the court-mandated a minimum 14-day gap between the rejection of a mercy petition and the execution of a death penalty, ensuring adequate time for legal recourse.
      • Report of the 262nd Law Commission (2015): Recommended abolishing the death penalty for all crimes except terrorism-related offenses and waging war.
      • In April 2023, the Supreme Court upheld the Mumbai High Court’s decision to commute the death sentence of a woman and her sister due to significant delays in deciding their mercy petitions.

    About Presidents’ Pardoning Powers under Article 72

    • According to Article 72, the President of India has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense: In cases where the punishment or sentence is by a Court Martial;
      • According to Article 161, the Governor of a State has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to matters under the executive power of the State.
    • In the recent Supreme Court Ruling of 2021, the apex court held that the Governor of a state can pardon prisoners, including those on death row, even before they have served a minimum of 14 years of their prison sentence.

    Did you know?

    1. Pardon means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
    2. Commutation means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
    3. Reprieve means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for a Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
    4. Respite means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
    5. Remission means changing the time period of the punishment without changing its nature, for example reducing twenty years of rigorous imprisonment to ten years.

    Cases as specified by Art. 72

    In all cases where the punishment or sentence:

    1. is by a court-martial.
    2. is for an offence against any law relating to a matter to which the executive power of the Union extends.
    3. is a sentence of death.

    Nature of the Pardoning Power

    • The pardoning power of the president is not absolute.
    • At a procedural level, the apex court in Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) has held that the President’s power must be exercised based on the aid and advice of the Council of Ministers and can be challenged on multiple grounds including that relevant material was not considered, the power was exercised based on political considerations, or there was no application of mind.
    • This has not been discussed by the Constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of presidents or governors exercising mercy jurisdiction.

     

    PYQ:

    [2014] Instances of President’s delay in commuting death sentences have come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse.

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  • Wildlife Conservation Efforts

    In news: Nagarhole Tiger Reserve

    National Parks/WSPrelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Why in the News?

    • Ashwatthama, a 38-year-old elephant, died of electrocution near Karnataka’s Nagarahole Tiger Reserve.
      • The High Court of Karnataka suo motu initiated a PIL petition to inquire about this incident attributed to a lack of care and diligence by concerned authorities.

    Nagarahole Tiger Reserve

    • Located in the Western Ghats in Karnataka; Spans over 643 square kilometers.
    • Declared a wildlife sanctuary in 1955 and a tiger reserve in 1999.
    • Part of the Nilgiri Biosphere Reserve is recognised as an Important Bird Area (IBA) and a Project Tiger, Project Elephant reserve.
    • Managed by the Karnataka Forest Department with efforts focused on conservation, ecotourism, and community engagement.
    • The reserve is crisscrossed by several rivers such as the Kabini River, Lakshmana Tirtha River, and Moyar River.
      • Flora and Fauna: Known for its diverse ecosystem, including tropical and moist deciduous forests, home to a variety of wildlife such as tigers, leopards, elephants, gaur, and several species of deer and birds.

    Protective Measures: Project Elephant

    • It was launched in the year 1992 as a Centrally Sponsored Scheme with the following objectives:
      • To protect elephants, their habitat & corridors
      • To address issues of man-animal conflict
      • The welfare of captive elephants
    • It covers 23 states across India.
    • The Ministry of Environment, Forest and Climate Change provides financial and technical support to major elephant range states in the country through the project.
    • It contributed to the increase in the wild elephant population from around 25,000 in 1992 to about 30,000 in 2021.

    Status of Elephant Conservation in India

    Details
    Population Estimate
    • India hosts the largest population of wild Asian Elephants (Elephas maximus), with around 29,964 individuals,
    • Approximately 60% of the global population (2017 census).
    Leading States Karnataka holds the highest number of elephants, followed by Assam and Kerala.
    Conservation Status
    • IUCN Red List:  Endangered.
    • CMS: Appendix I.
    • Wildlife (Protection) Act, 1972: Listed under Schedule I,
    • CITES: Appendix I.

     

    PYQ:

    [2020] With reference to Indian elephants, consider the following statements:

    1. The leader of an elephant group is a female.
    2. The maximum gestation period can be 22 months.
    3. An elephant can normally go on calving till the age of 40 years only.
    4. Among the States in India, the highest elephant population is in Kerala.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 and 4 only

    (c) 3 only

    (d) 1, 3 and 4 only

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

    India’s growth story has a ‘beneficial ownership’ hurdle

    Explained | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Why in the News?

    To achieve a $5 trillion economy by 2025-26, India must eliminate obstacles hindering Foreign Investments and facilitate smoother processes for companies and investors.

    About the Indian Foreign Exchange Management (Non-debt Instruments) Rules

    • FEMA outlines the formalities and procedures for the dealings of all foreign exchange transactions in India. These foreign exchange transactions have been classified into two categories — Capital Account Transactions and Current Account Transactions.
    • The Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019, commonly referred to as FEMA NDI, regulates foreign investments in Indian companies. These rules are critical for overseeing the flow of foreign capital into the country, ensuring that investments align with national interests and do not pose security risks.
    • The amendment to the Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“FEMA NDI”) was again made through press note number 3 in the year 2020.
    • In exercise of the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and consequent to the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019, the Reserve Bank of India makes the following regulations relating to mode of payment and reporting requirements for investment in India by a person resident outside India.
      • ‘Act’ means the Foreign Exchange Management Act, 1999 (42 of 1999);
      • ‘Rules’ means Foreign Exchange Management (Non-Debt Instrument) Rules, 2019;
    • On April 16, 2024, the Ministry of Finance, through the Department of Economic Affairs, notified the Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2024 (the “Amendment“), prescribing new entry routes for foreign investment in activities under the space sector.

    Introduction of Press Note 3 (PN3) Requirement:

    • What does it mean?: This amendment requires prior government approval for any investments from entities or individuals in countries that share a land border with India. This rule applies if the investment comes directly from these countries or if the beneficial owner (the real person who ultimately owns or controls the investment) is a citizen or resident of these countries.
    • The purpose: Implemented during the COVID-19 pandemic, the rule aims to prevent opportunistic takeovers of struggling Indian companies by neighboring countries

    Challenges with the Recent Amendment

    • Undefined ‘Beneficial Owner’: The term ‘beneficial owner’ isn’t clearly defined in the PN3 Requirement, leading to confusion. Different laws define the term differently, making it hard for companies to know which standards to follow.
    • Regulatory Uncertainty: Since the latter half of 2023, the Reserve Bank of India (RBI) has adopted a stricter interpretation of these rules. This shift has caused anxiety among investors and companies, as practices previously deemed acceptable are now being scrutinized.
    • Regulatory Burden: Companies now face significant delays and a high rate of rejection when seeking approval for investments. According to some officials, proposals worth ₹50,000 crore have been stalled or rejected in the past three years, with 201 applications being turned down.
    • Severe Fines: Non-compliance with the PN3 Requirement can result in fines up to three times the amount of the investment. For many startups, this could mean financial ruin, as the fines could exceed their revenue or assets.
    • Legal Battles: Violations could lead to lengthy and costly legal disputes, further burdening the already slow judicial system in India.

    What can be the better solution? (Way forward) 

    • Ownership Thresholds: Define beneficial ownership with clear thresholds, such as 10% to 25% ownership stakes. This would help companies understand whether they need to seek approval.
    • Control-Conferring Rights: Specify which rights indicate control, such as the ability to influence board decisions or veto significant operational changes. Exclude rights that merely protect investor interests, such as veto powers over mergers.
    • Investor Representations: Allow Indian companies to require foreign investors to provide assurances about their compliance with the PN3 Requirement, backed by indemnities.It would provide a safety net for Indian companies.
    • Time-Bound Reviews: Introduce a system where companies can seek timely advice from regulatory authorities on whether specific clauses in their investment agreements confer control. This would be similar to mechanisms in competition law, offering clarity and reducing the risk of penalties for inadvertent non-compliance.

    Mains PYQ:

    Q Foreign Direct Investment (FDI) in the defence sector is now set to be liberalized: What influence this is expected to have on Indian defence and economy in the short and long run? (UPSC IAS/2014)

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