Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tauktae and Yaas
Mains level: Paper 3- Need for long term mitigation measures to deal with the cyclones
Context
The severe cyclones, Tauktae and Yaas, battered India earlier this year. With a rise in the frequency of devastating cyclones, India needs to look at long-term mitigation measures.
India’s vulnerability
- The Indian coastline is around 7,500 km; there are 96 coastal districts (which touch the coast or are close to it), with 262 million people exposed to cyclones and tsunamis.
- The World Bank and the United Nations (2010) estimate that around 200 million city residents would be exposed to storms and earthquakes by 2050 in India.
- Between 1891 and 2020, out of the 313 cyclones crossing India’s eastern and western coasts, the west coast experienced 31 cyclones, while 282 cyclones crossed the east coast.
- Among the natural disasters, cyclones constituted the second most frequent phenomena that occurred in 15% of India’s total natural disasters over 1999-2020.
- According to the Global Climate Risk Index report 2021, India ranks the seventh worst-hit country globally in 2019 due to the frequent occurrence of extreme weather-related events.
- Increase in frequency: According to India Meteorological Department (IMD), 2013 data frequency of cyclones in the coastal States accounting increased by 7%.
- Factor’s responsible: Increasing sea surface temperatures in the northern Indian Ocean and the geo-climatic conditions in India are the factors responsible for the increase in frequency.
Economic cost
- Between 1999 and 2020, cyclones inflicted substantial damage to public and private properties, amounting to an increase in losses from $2,990 million to $14,920 million in the absence of long-term mitigation measures.
- India lost around 2% of GDP and 15% of total revenue over 1999-2020.
- Between 1999-2020, around 12,388 people were killed, and the damage was estimated at $32,615 million.
- Cyclones are the second most expensive in terms of the costs incurred in damage, accounting for 29% of the total disaster-related damages after floods (62%).
- In addition, they are the third most lethal disaster in India after earthquakes (42%) and floods (33%).
Odisha model
- In the aftermath of the 1999 super cyclone, the Government of Odisha took up various cyclone mitigation measures.
- These included installing a disaster warning system in the coastal districts, and construction of evacuation shelters in cyclone-prone districts.
- Other steps were the setting up of the Odisha State Disaster Management Authority (OSDMA), conducting regular cabinet meetings for disaster preparedness, and building the Odisha Disaster Rapid Action Force (ODRAF).
Way forward
- Still, Odisha’s disaster management model is inadequate to minimise the economic losses that result from cyclones.
- Therefore, the Government of India should adopt a few measures to minimise disaster damage and fatalities.
- Improve warning system: It is imperative to improve the cyclone warning system and revamp disaster preparedness measures.
- Increase cover under shelterbelt plantation: The Government must widen the cover under shelterbelt plantations and help regenerate mangroves in coastal regions to lessen the impact of cyclones.
- In addition, adopting cost-effective, long-term mitigation measures, including building cyclone-resilient infrastructure such as constructing storm surge-resilient embankments, canals and improving river connectivity to prevent waterlogging in low-lying areas are important.
- Disaster resilient power infrastructure: installing disaster-resilient power infrastructure in the coastal districts, providing concrete houses to poor and vulnerable households, and creating massive community awareness campaigns are essential.
- Coordination between Centre-State: Healthy coordination between the Centre and the States concerned is essential to collectively design disaster mitigation measures.
- Collective mitigation effort by the Centre and States that can help reduce the fiscal burden of States and also be effective in minimising disaster deaths.
Conclusion
Long term mitigation measures are essential to minimise the impact of the disasters such as cyclones.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cities in Afghanistan
Mains level: Paper 2- Implications of Taliban control over Afghanistan
Context
Notwithstanding the current triumphalism in Pakistan at “overthrowing” the US-backed order in Kabul and “pushing” India out of Afghanistan, India can afford to step back and signal that it can wait.
Uncertainties about the future
Two interconnected political negotiations unfolding are likely to determine Afghanistan’s immediate future.
1) Setting up political order
- One is focused on building a new political order within Afghanistan.
- More than a week after President Ghani fled Kabul, there is no government, let alone an inclusive and internationally acceptable one, in sight.
- Before Pakistan can get the Taliban to share power with other groups, it has to facilitate an acceptable accommodation between different factions of the Taliban.
- Then there is the problem of including the non-Taliban formations in the new government.
2) Gaining international recognition
- The international community has set some broad conditions for the recognition of the Taliban-led government.
- Besides an inclusive government at home, the world wants to see respect for human rights, especially women’s rights, ending support for international terrorism, and stopping opium production.
- Pakistan will hope to get some of its traditional friends like China and Turkey or new partners like Russia to break the current international consensus.
- Pakistan and the Taliban, however, know Chinese and Russian support is welcome but not enough.
- They need an understanding of the US and its allies to gain political legitimacy as well as sustained international economic assistance.
- The West, too, needs the Taliban to facilitate the evacuation of its citizens from Kabul and, sooner rather than later, deliver humanitarian assistance.
How India differs from Pakistan in its approach towards Afghanistan?
- India has never been in strategic competition with Pakistan in Afghanistan. India’s lack of direct geographic access to Afghanistan has ensured that.
- Both their strategies have roots in the 19th-century policies of the Raj.
- Forward policy: The Pakistan Army’s quest for strategic depth in Afghanistan harks back to the “forward policy” school that sought to actively control the territories beyond the Indus.
- The forward policy seeks political dominance over Afghanistan in the name of a “friendly government” in Kabul.
- Masterly inactivity: India, in contrast, stayed with a rival school in the Raj that called for “masterly inactivity” — a prudent approach to the badlands beyond the Indus.
- India’s strategy seeks to strengthen Kabul’s autonomy vis-à-vis Rawalpindi and facilitate Afghanistan’s economic modernisation.
- The Afghan values that India supports — nationalism, sovereignty, and autonomy — will endure in Kabul, irrespective of the nature of the regime.
Consider the question “What are the implications of the return of Taliban in Afghanistan for India? What should be India’s approach in dealing with the Taliban controlled Afghanistan?”
Conclusion
Strategic patience coupled with political empathy for Afghan people, and an active engagement will continue to keep India relevant in Kabul’s internal and external evolution.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to Protest
Mains level: Reasonable restrictions on Fundamental Rights
The Supreme Court took a nuanced stand saying farmers have the right to protest but the agitation should not hinder traffic or public movement.
Right to Protest
- When a group, community, or even a person goes up to protest, it is usually to showcase their disapproval or demur against any action, policy, statement, etc of state or government or any organization.
- Mostly the flow of protest is driven through political waves that also demonstrate the collective organization of people to make the government or state address their issues and take steps to overcome them.
- In India, the right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.
Constitutional Backing
- Article 19(1) states that All citizens shall have the right:
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade or business
Reasonable restrictions on Protest
- Article 51A makes it a fundamental duty for every person to safeguard public property and to avoid violence during the protests and resorting to violence during public protests results in infringement of key fundamental duty of citizens.
- Article 19(1)(b) states about the right to assemble peaceably and without arms. Thereby, the right to peaceful protest is bestowed to Indian citizens by our Constitution.
- Article 19(2) imposes a restriction on a person to prevent him from making a defamatory statement which defames the reputation of another person.
- Article 19(3): The reasonable restrictions are imposed in the interests of the sovereignty & integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation, or incitement to an offense.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Smog Tower
Mains level: Air quality issue in New Delhi
Ahead of its infamous smog season, Delhi has got a ‘smog tower’, a technological aid to help combat air pollution.
What are Smog Towers?
- Smog towers are structures designed to work as large-scale air purifiers. They are fitted with multiple layers of air filters and fans at the base to suck the air.
- After the polluted air enters the smog tower, it is purified by the multiple layers before being re-circulated into the atmosphere.
Structure of the Delhi smog tower
- The structure is 24 m high, about as much as an 8-storey building — an 18-metre concrete tower, topped by a 6-metre-high canopy. At its base are 40 fans, 10 on each side.
- Each fan can discharge 25 cubic metres per second of air, adding up to 1,000 cubic metres per second for the tower as a whole. Inside the tower in two layers are 5,000 filters.
- The filters and fans have been imported from the United States.
How does it work?
- The tower uses a ‘downdraft air cleaning system’ developed by the University of Minnesota.
- Polluted air is sucked in at a height of 24 m, and filtered air is released at the bottom of the tower, at a height of about 10 m from the ground.
- When the fans at the bottom of the tower operate, the negative pressure created sucks in air from the top.
- The ‘macro’ layer in the filter traps particles of 10 microns and larger, while the ‘micro’ layer filters smaller particles of around 0.3 microns.
- The downdraft method is different from the system used in China, where a tower uses an ‘updraft’ system — air is sucked in from near the ground, and is propelled upwards by heating and convection.
- Filtered air is released at the top of the tower.
Likely impact
- Computational fluid dynamics modelling suggests the tower could have an impact on the air quality up to 1 km from the tower.
- The actual impact will also determine how the tower functions under different weather conditions, and how levels of PM2.5 vary with the flow of air.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bhuvan Yuktdhara Portal
Mains level: MGNREGA
A new portal under Bhuvan “Yuktdhara” has been released to facilitate planning of new MGNREGA assets using Remote Sensing and GIS based information.
Bhuvan Yuktdhara Portal
- Yuktdhara is a geospatial planning portal meant for facilitating Gram Panchayat level planning of MGNREGA activities across India.
- Portal integrates a wide variety of spatial information contents to enable a holistic approach towards planning using open-source GIS tool.
- Subsequent to pan Indian initiative of geo-tagging assets created under Mahatma Gandhi NREGA, harnessing the strength of GIS for identifying upcoming activities and their locations was a natural corollary.
Features of the portal
- The current level of integration under Yuktdhara, as part of Bhuvan, incorporates multi-temporal IRS satellite data of better than 3M detail in natural color, digital terrain, thematic layers as wed as locations of MGNREGA works and watershed management assets.
- The interface currently has a Gram Panchayat-specific logo to address planning as well as approval mechanisms intended to ensure the evaluation and acceptance of proposed activities.
- This will be enhanced for other levels of users gradually.
- Access for other Gram Panchayat will be facilitated at the earliest, by addressing the case multiple logins created for geotagging and moderation.
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Back2Basics: MGNREG Scheme
- The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
- This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
- The act was first proposed in 1991 by P.V. Narasimha Rao.
The objectives of the MGNREGA are:
- To enhance the livelihood security of the rural poor by generating wage employment opportunities.
- To create a rural asset base that would enhance productive ways of employment, augment and sustain a rural household income.
Features of the program
- MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
- The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
- Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
- Thus, employment under MGNREGA is a legal entitlement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sree Narayana Guru
Mains level: SNDP Movement
The Prime Minister has paid tributes to Sree Narayana Guru on his Jayanti.
Sree Narayana Guru (1856-1928)
- Narayana Guru was a philosopher, spiritual leader and social reformer in India.
- He led a reform movement against the injustice in the caste-ridden society of Kerala in order to promote spiritual enlightenment and social equality.
His legacy:
Temple Entry
- He was in the forefront of the movement for universal temple entry and against the societal ills like the social discrimination of untouchables.
- He gave the famous slogan “One Caste, One Religion, One God for All”.
- In 1888, he built a temple dedicated to Lord Shiva at Aruvippuram which was against the caste-based restrictions of the time.
- In one temple he consecrated at Kalavancode, he kept mirrors instead of idols. This symbolised his message that the divine was within each individual.
Untouchability
- The social protest of Vaikom Satyagraha (1924-25) was an agitation by the lower caste against untouchability in Hindu society of Travancore.
- He taught equality but felt the inequalities should not be exploited to carry out conversions and therefore generate strife in society.
Philosophy
- Sree Narayana Guru became one of the greatest proponents and re-evaluators of Advaita Vedanta, the principle of non-duality put forward by Adi Shankara.
Answer this PYQ:
Q.Which one of the following pairs does not form part of the six systems of Indian Philosophy?
(a) Mimamsa and Vedanta
(b) Nyaya and Vaisheshika
(c) Lokayata and Kapalika
(d) Sankhya and Yoga
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indira Point
Mains level: NA
The Swarnim Vijay Varsh Victory Flame was taken to Indira Point, the southernmost tip of the country on August 22, 2021, as part of its voyage to the Nicobar Group of Islands.
Indira Point
- Indira Point is the southernmost point of Indian Territory.
- It is a village in the Nicobar district at Great Nicobar Island of Andaman and Nicobar Islands in India.
- Rondo Island, Indonesia’s northernmost island in Sabang district of Aceh province of Sumatra, lies 163 km south of Little Andaman Island and 145 km or 80 nautical miles from Indira point.
- The point was formerly known as Pygmalion Point and Parsons Point. It was renamed in honour of Indira Gandhi during mid-1980s.
- Galathea National Park and Lighthouse are the major attractions here.
India and Indonesia are upgrading the deep sea port Sabang under the strategic military and economic collaboration to protect the channel between Great Nicobar Island and Rondo Island which is 612 km or 330 nautical miles from Indira Point.
What is Swarnim Vijay Varsh?
- It marks the 50th anniversary of the 1971 India-Pakistan war.
- Vijay Diwas is celebrated every year on December 16 to mark India`s triumph in liberating Bangladesh.
- The journey of the Victory Flame is taken from north to south corners of India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parliamentary Committees
Mains level: Paper 2- Issues with legislative process
Context
The recent Monsoon Session of Parliament is proof that the speed of passing laws trumps their rigorous scrutiny in our legislative process.
Issues with lawmaking process in India
1) Avoiding pre-legislative scrutiny
- In our parliamentary system, a majority of laws originate from the government.
- Each ministry decides the path its legislative proposals will take from ideation to enactment.
- For example, last year, the Shipping Ministry requested public feedback on the two bills — Marine Aids and Inland Vessels.
- This mechanism enables the strengthening of the legal proposal through stakeholder inputs before being brought to Parliament.
- However, ministries expedite their bills by not putting them through a similar pre-legislative scrutiny process.
2) Misuse of Ordinance route
- Over the years, successive governments have exploited the spirit of this constitutional provision.
- Governments have promulgated an ordinance a few days before a parliamentary session, cut a session short to issue one, and pushed a law that is not urgent through the ordinance route.
- But the executive sometimes fails to follow through on the legislative urgency.
- Bringing in law through the ordinance route also bypasses parliamentary scrutiny.
- But parliamentary committees rarely scrutinise bills to replace ordinances because this may take time and defeat the issuing of the ordinance.
- Over the last few years, bills like GST, Consumer Protection, Insolvency and Bankruptcy, Labour Codes, Surrogacy, and DNA Technology have benefited from parliamentary committees’ scrutiny.
- Their closed-door technical deliberations, inputs from ministry officials, subject-matter experts, and ordinary citizens have strengthened government bills.
3) Delay in rule framing
- Unnecessary urgency in getting laws passed by Parliament does not result in their immediate implementation.
- For the law to work on the ground, the government is supposed to frame rules.
- Last year the Cabinet Secretary twice requested the personal intervention of secretaries heading the Union ministries to frame regulations for bringing into force the laws made by Parliament.
- Before the Monsoon Session, he wrote a follow-up letter on similar lines to his colleagues.
Implication of fast-tracking the law-making
- Difficulty in achieving desired outcomes: Hurriedly-made and inadequately-scrutinised laws hardly ever achieve their desired outcomes.
- Wastage of time of legislature: Enacting statutes without proper scrutiny also wastes the legislature’s time when the government approaches Parliament to amend such laws.
- Loss of opportunity: But the unmeasurable cost of a poorly-made law is in the loss of opportunity to an entire nation that has to comply with it.
Way forward
- The government must ensure that it identifies the gaps in our legal system proactively.
- All its bills should go through pre-legislative scrutiny before being brought to Parliament.
- The legislature, on its part, should conduct in-depth scrutiny of government bills.
- Mandatory scrutiny of bills by parliamentary committees should become the rule and not the exception.
Conclusion
India is in urgent need of course correction in its legislating process. What we need is a robust law-making process.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Asset Monetization
Mains level: National Monetization Pipeline (NMP)
The Union Finance Minister has launched the National Monetization Pipeline for the brownfield infrastructure assets.
What is Asset Monetization?
- Asset Monetization involves the creation of new sources of revenue by unlocking of the value of hitherto unutilized or underutilized public assets.
- Internationally, it is recognized that public assets are a significant resource for all economies.
- Many public sector assets are sub-optimally utilized and could be appropriately monetized to create greater financial leverage and value for the companies and of the equity that the government has invested in them.
- This helps in the accurate estimation of public assets which would help in the better financial management of government/public resources over time.
National Monetization Pipeline (NMP)
- The NMP comprises a four-year pipeline of the Central Government’s brownfield infrastructure assets.
- It will serve as a medium-term roadmap for the Asset Monetization initiative of the government, apart from providing visibility for the investors.
- Incidentally, the 2021-22 Union Budget, laid a lot of emphasis on Asset Monetization as a means to raise innovative and alternative financing for infrastructure.
- It has to be noted that the government views asset monetization as a strategy for the augmentation and maintenance of infrastructure, and not just a funding mechanism.
What is the plan?
- NMP is envisaged to serve as a medium-term roadmap for identifying potential monetization-ready projects, across various infrastructure sectors.
- It estimates aggregate monetization potential of Rs 6.0 lakh crores through core assets of the Central Government, over a four-year period, from FY 2022 to FY 2025.
Objectives of the program
- NMP aims for universal access to high-quality and affordable infrastructure to the common citizen of India.
- Asset monetization, based on the philosophy of Creation through Monetization, is aimed at tapping private sector investment for new infrastructure creation.
- This is necessary for creating employment opportunities, thereby enabling high economic growth and seamlessly integrating the rural and semi-urban areas for overall public welfare.
- The strategic objective of the programme is to unlock the value of investments in brownfield public sector assets by tapping institutional and long-term patient capital.
Framework
The framework for core asset monetization has three key imperatives:
- The pipeline has been prepared based on inputs and consultations from respective line ministries and departments, along with the assessment of total asset base available therein.
- Monetization through disinvestment and monetization of non-core assets have not been included in the NMP.
- Further, currently, only assets of central government line ministries and CPSEs in infrastructure sectors have been included.
- Process of coordination and collation of asset pipeline from states is currently ongoing and the same is envisaged to be included in due course.
Estimated Potential
- The aggregate asset pipeline under NMP over the four-year period, FY 2022-2025, is indicatively valued at Rs 6.0 lakh crore.
- The estimated value corresponds to ~14% of the proposed outlay for Centre under NIP (Rs 43 lakh crore). This includes more than 12-line ministries and more than 20 asset classes.
- The sectors included are roads, ports, airports, railways, warehousing, gas & product pipeline, power generation and transmission, mining, telecom, stadium, hospitality and housing.
- The top 5 sectors (by estimated value) capture ~83% of the aggregate pipeline value. These top 5 sectors include: Roads (27%) followed by Railways (25%), Power (15%), oil & gas pipelines (8%) and Telecom (6%).
Implementation & Monitoring Mechanism
- As an overall strategy, significant share of the asset base will remain with the government.
- The programme is envisaged to be supported through necessary policy and regulatory interventions by the Government in order to ensure an efficient and effective process of asset monetisation.
- These will include streamlining operational modalities, encouraging investor participation and facilitating commercial efficiency, among others.
- Real time monitoring will be undertaken through the a separate dashboard.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UPI
Mains level: Paper 3- Account Aggregators
Context
Account Aggregators will enable the use and enrich the quality of information needed for lenders to extend loans without collateral back-up.
Issue of preference for a collateralised loan in India
- Demand for credit in India far outstrips institutional supply.
- Financial Service Providers (FSPs) are well aware of this demand.
- And they have been looking for ways to provide credit without collateral back-up.
- Historically, financial service providers (FSPs) like banks and non-bank finance companies (NBFCs) have relied on collateral while making lending decisions.
- In the absence of collateral pledges, the only way to assess a consumer’s willingness and ability to repay is by examining the prospective borrower’s cash flows.
- Your bank account statement is a digital representation of your financial life.
- However, this bank account statement-driven process is highly manual, time-consuming, expensive and fraught with potential for abuse.
- These shortcomings have held back cash-flow based lending for too long in India.
- Borrowers in the country have been underserved because of the preference for collateralized loans.
- Both FSPs and consumers are in dire need of a seamless digital way of sharing account information.
Account Aggregator (AA) framework
- The account aggregator framework announced by the Reserve Bank of India (RBI) promises to solve these problems.
- It aims to make financial data sharing as easy as making a Unified Payments Interface (UPI) transfer.
- This is the promise of account aggregation, as envisaged by RBI.
- Account aggregators (AAs), with their user interface, will play a pivotal role in closing the trust deficit between FSPs and consumers.
Fenefits of Account Aggregator would work
- User control over data: They permit users to control who gets access to their data, track and log its movement and reduce the potential risk of leakage in transit.
- A single-window format allows user-friendly data movement and reduces the need for physical transfers and post-facto attestations.
- Industry-standard for consent: AAs create a default industry standard for consent that cuts through the dense fine print buried in most privacy policies.
- Wider data points to rely on: With the security of this data as a given, AAs allow lenders (or other FSPs for that matter) to rely on a wider selection of data points to determine the trustworthiness of a borrower.
- Through AAs, FSPs have a chance to provide cash-flow based credit, personalized financial management tools, robo-advisory services and many more innovative financial products and services to a wider cross-section of people.
Conclusion
By incorporating security, transparency and agility into data sharing, AAs could usher in the most significant transformation of India’s fintech landscape yet.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 142 (1)
Mains level: Paper 2- Issue of judicial appointments
Context
For the first time ever, the Supreme Court Collegium led by the Chief Justice of India (CJI) recommended/selected as many as nine persons at one go to be appointed to the apex court.
Significance of the move
- It is a happy augury that the present CJI, Justice N.V. Ramana, could, along with his colleagues in the Collegium, select the judges within a short period of his assumption of office.
- It is a tough task to build a consensus around one person or a few persons, the CJI being the head of the Collegium, has an unenviable task in building that consensus.
- Therefore, it can be said without any fear of contradiction that the job of selecting as many as nine judges for appointment to the Supreme Court was done admirably well.
- The latest resolution of the Collegium gave effect to the multiple judicial pronouncements of the top court on the subject.
- The selection of three women judges, with one of them having a chance to head the top court, a judge belonging to the Scheduled Caste and one from a backward community and the nine selected persons belonging to nine different States, all point towards an enlightened and unbiased approach of the members of the Collegium.
- A needless controversy is sought to be raised by a section of the media about this round of selection citing the non-existing ‘Rule of Seniority’.
Various norms to be followed in judicial appointment
1) Consideration of merit
- Article 142 (1) contains the concept of ‘complete justice’ in any cause or matter which the Supreme Court is enjoined to deliver upon.
- So, while selecting a judge to adorn the Bench, the fundamental consideration should be his/her ability to do complete justice.
- In the Supreme Court Advocates-on-Record Association and Another vs Union of India (1993), the Court spelt out the parameters within which to accomplish the task of selecting candidates for appointment to the higher judiciary.
- The most crucial consideration is the merit of the candidates.
- The merit is the ability of the judge to deliver complete justice.
2) Plurality
- The nine judges who decided the above case were quite aware of these compelling realities.
- So, they said, “In the context of the plurastic [pluralistic] society of India where there are several distinct and differing interests of the people with multiplicity of religions, race, caste and community and with the plurality of culture, it is inevitable that all people should be given equal opportunity in all walks of life and brought into the mainstream.”
3) Transparency
- India is perhaps the only country where the judges select judges to the higher judiciary.
- It is, therefore, necessary to make the norms of selection transparent and open.
- In 2019, a five judge Bench of the Supreme Court, of which the present CJI was also a member, laid emphasis on this point.
- The Bench observed: “There can be no denial that there is a vital element of public interest in knowing about the norms which are taken into consideration in selecting candidates for higher judicial office and making judicial appointments”.
Thus, the essence of the norms to be followed in judicial appointments is a judicious blend of merit, seniority, interests of the marginalised and deprived sections of society, women, religions, regions and communities.
Consider the question “What are the various norms to be followed by the Collegium for judicial appointments? What are the issues with Collegium system of judicial appointment?”
Conclusion
The Collegium has started doing its job. Now, it is time for the Government to match the pace and take the process of appointments to its logical conclusion at the earliest.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 235
Mains level: Paper 2- Independence of judiciary
Context
The August 11 order of the Himachal Pradesh High Court directed that “hereinafter, all the courts in the state other than the high court shall be referred to as district judiciary”. Furthermore, “these courts shall not be referred to as subordinate court” but as trial courts.
Issues with the judicial hierarchy Vs. hierarchy of judges
- The expression “subordinate courts” used by Part VI, Chapter 6, of the Constitution of India cannot signify that judges are subordinate.
- The term subordinate has implications for the independence of the judiciary, entrenched with and since Kesavananda Bharati (1973) as the essential feature of the basic structure of the Indian Constitution.
- No judge is “subordinate” to any other, constitutionally judges are limited in the jurisdiction but also supreme within their own jurisdiction.
- However, Article 235 speaks of “control over subordinate courts”.
- This Article created the notion of subordination by describing these entities and agents as persons “holding a post inferior to the post of a district judge”.
Constitutional provision
- The Constitution no doubt contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”.
- On appeal, or review, a court with ample jurisdiction may overturn and even pass judicial strictures but this does not make the concerned courts “lower” or “inferior” courts.
- Supervisory powers: High courts always have considerable powers of superintendence on the administrative side but this “supervisory“ power has been recognised by the apex court as a “constitutional power” and subject to the right of appeal as granted by Article 235.
- While the Constitution allows “supervision”, it does not sanction judicial despotism.
- Despite this, arbitrary practices in writing confidential reports of district justices seem to continue.
Way forward
- Constitutional amendment: A complete recasting of Article 235 is needed, which does away with the omnibus expression of “control” powers in the high courts.
- The amendment should specifically require the high courts to satisfy the criteria flowing from the principles of natural and constitutional justice and all judicial officers who fulfil due qualification thresholds should be treated with constitutional dignity and respect.
- Collegiate system at high court’s level: For most matters (save elevation), senior-most district judges and judges of the high courts should constitute a collegiate system to facilitate judicial administration, infrastructure, access, monitoring of disposal rates, minimisation of undue delays in administration of justice, alongside matters concerning transfers, and leave.
- If an ACR is to be adversely changed in the face of a consistent award for a decade or more, it should be a collegiate act of the five senior-most justices, including the Chief Justice of the High Court.
- CJI Ramana has recently agreed in principle, following the request of the Supreme Court Bar Association, that chief justices of the high courts should consider lawyers practising in the Supreme Court for elevation to the high courts.
Consider the question “Do you agree with the view that the Constitution contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”. Give reason in support of your argument.”
Conclusion
The changes suggested here needs to be implemented to ensure the independence of the judiciary at all levels.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: A25, A21
Mains level: Anti-Conversion Law
The Gujarat High Court this week stayed key provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021 pertaining to marriages involving religious conversion of either of the two parties.
What is the Anti-Conversion Law?
- The legislation has amended the 2003 Gujarat Freedom of Religion Act.
- The amendment was brought in line with several similar laws enacted last year by right-wing-ruled states, starting with Uttar Pradesh.
- The laws seek to end conversion through unlawful means, specifically prohibit any conversion for marriage, even if it is with the consent of the individual except when a prior sanction is obtained from the state.
- Apart from UP and Gujarat, Madhya Pradesh and Himachal Pradesh too, have also enacted similar laws.
Controversial provisions
- Vagueness: It gives powers to the state to conduct a police inquiry to verify the intentions of the parties to convert for the purposes of marriage.
- Burden of proof: Section 6A reverses the burden of proof on the partner of the converted spouse to prove that he/she did not coerce the other spouse.
- Intent of marriage: Section 4 allows the aggrieved person, their parents, brother, sister, or any other person related by blood or marriage or adoption to file an FIR challenging the conversion and subsequent marriage.
- Conversion as Allurement: The law considers lawful conversions as “allurement” in vague.
- Discrimination: It defines over-broad terms; prescribes different jail terms based on gender; and legitimizes the intrusion of family and the society at large to oppose inter-faith marriages.
Issues with such laws
- Stereotyping of lawful conversion: The new anti-conversion laws shift the burden of proof of a lawful religious conversion from the converted to his/her partner.
- Curb on individual freedom: Legal experts have pointed out that the laws interfere in an individual’s agency to marry a partner from different faith and to choose to convert from one’s religion for that purpose.
- Interference of state: Apart from being vague and sweeping, the laws also test the limits to which the state can interfere in the personal affairs of individuals.
- Violative of FRs: The freedom to propagate one’s religion (A25) and the right to choose a partner are fundamental rights (A21) that the new anti-conversion laws impinge upon.
What has the Gujarat High Court held?
- A Division Bench of the Gujarat High Court has granted an interim stay on certain provisions of the amendment that interfere with inter-faith marriages.
- It has held that the bill interferes with the intricacies of marriage including the right to the choice of an individual, thereby infringing Article 21.
- The interim stay on certain provisions will have to be confirmed when the larger challenge is decided.
What was the government’s defence?
- The state government had argued that the law did not prohibit all inter-faith marriages, but only the ones based on fraud and coercion.
- To buttress its submission, Advocate General had argued that the Act must be read as a whole to interpret the provision, and the provision alone could not be read by itself.
- However, the court said that the wider interpretation would happen at a later stage, and stayed the provisions for the time being. A larger challenge would determine the fate of the law eventually.
Significance of the ruling
- The HC ruling, although preliminary, comes as a relief to interfaith couples from being harassed.
- The reading could have a bearing on challenges pending in other HCs (namely in MP, UP, Himachal etc).
- However, its real impact on the ground could be limited, as larger constitutional nuances are often difficult to permeate, especially when it is not a final and binding verdict.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: AERA Act
In the recent monsoon session, Parliament passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.
Key features of the AERA Bill, 2021
- It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
- The 2008 Act established the Airport Economic Regulatory Authority (AERA).
- AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.
- The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
- The central government may also designate any airport as a major airport by a notification.
- The Bill adds that the central government may group airports and notify the group as a major airport.
Why has the definition of a major airport been amended?
- The Amendment has changed the definition of a major airport to include “a group of airports” after the words “any other airport”.
- The government hopes the move will encourage the development of smaller airports and make bidding for airports with less passenger traffic attractive.
- It plans to club profitable airports with non-profitable ones and offer them as a package for development in public-private partnership mode to expand connectivity.
Was there a need to amend the AERA Act?
- The Airports Authority of India (AAI) awarded six airports — Lucknow, Ahmedabad, Jaipur, Mangaluru, Thiruvananthapuram and Guwahati — for operations, management and development in public-private partnership mode in February 2019.
- In 2020 too, the AAI has approved leasing of another six airports — Bhubaneswar, Varanasi, Amritsar, Raipur, Indore and Tiruchi.
- The Ministry of Civil Aviation plans to club each of these airports with nearby smaller airports for joint development.
- The move follows FM’s Budget Speech this year, in which she said the government planned to monetize airports in tier-2 and tier-3 cities.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India's largest solar PV Project
Mains level: Renewable Energy in India
The National Thermal Power Corporation (NTPC) has commissioned the largest floating solar PV project of 25MW on the reservoir of its Simhadri thermal station in Visakhapatnam, Andhra Pradesh.
Simhadri PV Project
- The 2000MW coal-based Simhadri Station is the first power project to implement an open sea intake from the Bay of Bengal which has been functional for more than 20 years.
- This is the first solar project to be set up under the flexibilization scheme of coal-powered plant, notified in 2018.
- The floating solar installation which has a unique anchoring design is spread over 75 acres in an RW reservoir.
- This floating solar project has the potential to generate electricity from more than 1 lakh solar PV modules.
- This would not only help to light around 7,000 households but also ensure at least 46,000 tons of CO2e are kept at arm’s length every year during the lifespan of this project.
- The project is also expected to save 1,364 million litres of water per annum. This would be adequate to meet the yearly water requirements of 6,700 households.
Other important facts you must know
- As of May 2021, India has 95.7 GW of renewable energy capacity, and represents ~ 25% of the overall installed power capacity.
- The government plans to establish renewable energy capacity of 523 GW (including 73 GW from Hydro) by 2030.
- India was the world’s 3rd largest renewable energy producer with 38% (136 GW out of 373 GW) of total installed energy capacity in 2020 from renewable sources.
- Tamil Nadu has the highest installed solar power capacity in India. Kamuthi Solar Power Project near Madurai is the world’s second-largest solar park.
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Back2Basics: NTPC
- NTPC is an Indian statutory corporation engaged in the generation of electricity and allied activities.
- It is incorporated under the Companies Act 1956 and is under the jurisdiction of the Ministry of Power.
- NTPC’s core function is the generation and distribution of electricity to State Electricity Boards in India.
- It is the largest power company in India with an electric power generating capacity of 62,086 MW.
- It has also ventured into oil and gas exploration and coal mining activities.
- In May 2010, NTPC was conferred Maharatna status by GoI, one of the only four companies to be awarded this status.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ex Malabar
Mains level: QUAD security Dialogue
Indian Naval Ships Shivalik and Kadmatt have arrived at Guam, an Island Territory of the USA to participate in the annual Exercise MALABAR-21.
Also read:
[Prelims Spotlight] Various Defence Exercises in News
Ex Malabar
- MALABAR series of maritime exercises commenced in 1992 as a bilateral IN-USN exercise and has grown in stature over the years to include four prominent navies in the Pacific and Indian Ocean Region.
- It is carried out between navies of Australia, India, Japan, and the USA
- The exercise provides an opportunity for common-minded navies to enhance inter-operability, gain from best practices and develop a common understanding of procedures for Maritime Security Operations.
Significance
- The exercise will see the participation of all four Quad countries.
- Indian Navy also conducted a number of Passage Exercises (PASSEX) with navies from Japan, Australia and the US.
Another Exercise in news: Ex Konkan 2021
- Exercise Konkan 2021 was held between INS Tabar and HMS Westminster on 16 Aug 21 in the English Channel.
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Back2Basics: Quad Security Dialogue
- QSD is a strategic dialogue between the United States, Japan, Australia and India that is maintained by talks between member countries.
- The dialogue is paralleled by joint military exercises of an unprecedented scale, titled Exercise Malabar.
- Quad is widely viewed as a response to increased Chinese economic and military power.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Hallmark Gold
Mains level: Not Much
Hallmarking scheme is turning out to be a grand success with more than 1 crore pieces of Jewellery hallmarked in a quick time” with more than 90000 Jewelers registered in a same time period.
What is Hallmark Gold?
- The process of certifying the purity and fineness of gold is called hallmarking.
- Bureau of Indian Standards, the National Standards Body of India, is responsible for hallmarking gold as well as silver jewellery under the BIS Act.
- If you see the BIS hallmark on the gold jewellery/gold coin, it means it conforms to a set of standards laid by the BIS. Hallmarking gives consumers assurance regarding the purity of the gold they bought.
- That is, if you are buying hallmarked 18K gold jewellery, it will actually mean that 18/24 parts are gold and the rest is alloy.
- At present, only 30% of Indian Gold Jewellery is hallmarked.
Here are the four components one must look at the time of buying gold (they are mentioned in the laser engraving of a hallmark seal):
- BIS Hallmark: Indicates that its purity is verified in one of its licensed laboratories
- Purity in carat and fineness (corresponding to given caratage KT)
- 22K916 (91.6% Purity)
- 18K750 (75% Purity)
- 14K585 (58.5% Purity)
What is HUID?
- HUID is a unique code that will be given to every piece of jewellery at the time of hallmarking.
- It will be helpful in identifying the jeweller or the Assaying and Hallmarking Centres (AHCs) which had hallmarked the jewellery.
- It will be a six-digit alphanumeric code, with which every piece of jewellery will be tagged.
- At the hallmarking centre, the jewellery is stamped with the unique number manually.
What are the new hallmarking rules?
- The government has made it mandatory for jewellers to hallmark gold jewellery, but with some relaxation.
- Jewellers with an annual turnover of up to Rs 40 lakh will be exempted from mandatory hallmarking.
- Similarly, jewellery for international exhibitions and government-approved business-to-business domestic exhibitions will also be exempted.
- It will also allow hallmarking of additional carats — 20, 23, and 24.
Issues with HUID
- Jewellers say the HUID process has increased the time required to get the hallmarking on jewels and this has created huge backlogs at AHCs.
- Since the process is being done manually, there are also chances of a mismatch of the code, he adds.
- The inventory pile-up at the centres is also raising concerns about the security of the jewellery.
- Several industry stakeholders point out the limited number of AHCs, which will not be enough to hallmark the large number of pieces that are sold in India every year.
Answer this PYQ from CSP 2017
Q.Consider the following statements:
- The Standard Mark of the Bureau of Indian Standards (BIS) is mandatory for automotive tyres and tubes.
- AGMARK is a quality Certification Mark issued by the Food and Agriculture Organisation (FAO).
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
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Turmeric
Mains level: NA
Researchers have come forward with some interesting findings on Turmeric.
Turmeric
- Turmeric has about 3% of the active component molecule called curcumin, a polyphenol diketone (and not a steroid).
- Researchers point out that there is another molecule in turmeric called piperine, which is an alkaloid, responsible for the pungency of pepper that we use every day in our cooking, along with turmeric.
- Piperine enhances curcumin absorption in the body. It gives turmeric its multivariate healing and protective power.
Benefits of turmeric consumption
- Turmeric has been known for over 4,000 years in the Indian subcontinent, West Asia, Burma, Indonesia and China, and is used as an essential part of our daily food – what the colonials called curry powder.
- It has also been known as a medicine for ages, and to have anti-bacterial, anti-oxidant and anti-inflammatory properties.
- Herbal medicine experts have used turmeric to treat painful symptoms of arthritis, joint stiffness, and joint pain.
- They have also claimed that turmeric helps cure acute kidney injuries. Some of these claims need to be checked using controlled trials.
Against COVID-19
- Most recently, an exciting study has recently been published by a group in Mumbai which shows that turmeric aids in the treatment of COVID-19 patients.
- The researchers did a trial of about 40 COVID-19 patients and found that turmeric could substantially reduce morbidity and mortality.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bond market
Mains level: Paper 3- Issues with bond markets in India
Context
The Indian market for corporate debt needs buoyancy and this has been high on the agenda of our regulator
Background
- The Reserve Bank of India (RBI) stopped the automatic monetization of the fiscal deficit in 1997 and made the government borrow money from the market.
- There are primary dealers or PDs, who pick up the Centre’s bond and provide buy and sell quotes in the secondary market for government bonds and thus help ensure sufficient liquidity.
- The PDs came to be known as market makers and are paid a commission for playing that role.
Liquidity challenge in the corporate bond market
- Unlike the market for government bonds, in the case of the country’s corporate bond market, the challenge is different.
- It’s typically remunerative for a buyer to buy a security and hold on to it till its maturity.
- Therefore, insurance companies, provident funds, and pension funds hold such long-term paper, as they can match the tenure of their assets with liabilities.
- But this does not add liquidity to the market, and anyone buying a corporate bond today may not find someone to sell it to tomorrow as this market has little trading depth.
- Even in the G-Sec market, where we assume plenty of liquidity, it is a thinly-traded market, even though the perception is that it is very liquid.
Why do we need market makers for the corporate bond market
- To deal with the lack of depth and liquidity in the corporate debt market, the Securities and Exchange Board of India’s (Sebi) idea of creating market makers holds immense significance.
- The fundamental problem here is that a bond is different from a share.
- A company’s share can be exchanged seamlessly because every share in the market is the same slice of ownership.
- Lack of quotes for different bonds of different tenure: In the case of bonds, however, there are several issuances of a company.
- A single financial institution or non-bank financial company could have as many as 10 issuances a year of varying maturities and interest rates, making each of them a unique instrument.
- Company XYZ may have issued in October 2015 a bond with a face value of ₹100 that pays 6% interest and is due for redemption in 2030, which will be quoted on exchanges for trading (if it’s being traded).
- But, in 2021, it is no longer a 15-year bond, but a 9-year paper.
- Therefore, the security loses importance, as the market normally uses benchmarks like 5 or 10 or 15 years; and every bond drops in the pecking order once it crosses these thresholds.
- Therefore, we need to have market makers who will offer quotes for all major securities and thereby ensure that critical bonds are still available for trading.
Suggestions
- Provide waivers: Playing market maker will involve a cost and hence there should be certain waivers provided to them on trading fees.
- Preferential access: They can be given preferential access to new issuances, so as to build up an inventory.
- Waiver of mark-to-market: The mark-to-market (MTM) rules could be waived for a specified period, as valuation differences can affect their profit and loss accounts.
- Capital at lower cost: Capital can be made available at a lower cost to market makers, as they require funding for the same.
- Fifth, trade among market makers can be awarded benefits in terms of fees or easier taxes on gains made.
- Create bond index: We need to have tradable-bond indices that reflect the price movements of a basket of bonds that they track.
- Made public, such indices will provide appropriate arbitrage opportunities for investors to come in, and this should generate liquidity in the market for these bonds.
Consider the question “Why bond market in India lacks the depth as compared to equity markets. What are the factors responsible for this? Suggest the way forward.”
Conclusion
Market makers are a way out. While success cannot be guaranteed, the idea should be adopted nonetheless, as with credit default swaps. It’s a work-in-progress. Let’s speed it up.
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Back2Basics: Automatic monetization of deficit
- The monetization of deficit was in practice in India till 1997, whereby the central bank automatically monetized government deficit through the issuance of ad-hoc treasury bills.
- Two agreements were signed between the government and RBI in 1994 and 1997 to completely phase out funding through ad-hoc treasury bills.
- And later on, with the enactment of the FRBM Act, 2003, RBI was completely barred from subscribing to the primary issuances of the government from April 1, 2006.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Afghanistan issue and its implications for India
Context
The fall of Kabul in the wake of the American withdrawal from Afghanistan will prove to be a defining moment for the region and the future shape of its geopolitics.
Implications of the US withdrawal for India
1) Increase in threat from China
- The manner in which the United States withdrew from Afghanist created the regional power vacuum in the Eurasian heartland.
- An axis of regional powers such as China, Pakistan, Iran, Russia, and the Taliban, have already started filling this power vacuum.
- Advantageous for China: The post-American power vacuum in the region will be primarily advantageous to China and its grand strategic plans for the region.
- BRI expansion: Beijing will further strengthen its efforts to bring every country in the region, except India, on the Chinese Belt and Road Initiative bandwagon, thereby altering the geopolitical and geoeconomic foundations of the region
- The much-feared Chinese encirclement of India will become ever more pronounced.
- Even in trade, given the sorry state of the post-COVID-19 Indian economy, India needs trade with China more than the other way round.
- Unless India can find ways of ensuring a rapprochement with China, it must expect Beijing to challenge India on occasion, and be prepared for it.
2) Terror and extremism
- The U.S. presence in Afghanistan, international pressure on the Taliban, and Financial Action Task Force worries in Pakistan had a relatively moderating effect on the region’s terror ecosystem.
- There is little appetite for a regional approach to curbing terrorism from a Taliban-led Afghanistan.
- This enables the Taliban to engage in a selective treatment towards terror outfits present there or they have relations with.
- It is unlikely that the Taliban will proactively export terror to other countries unless of course for tactical purposes, for instance, Pakistan against India.
- The real worry, however, is the inspiration that disgruntled elements in the region will draw from the Taliban’s victory against the world’s sole superpower.
3) Impact on India’s regional interests and outreach to Central Asia
- The return of the Taliban to Kabul has effectively laid India’s ‘mission Central Asia’ to rest.
- India’s diplomatic and civilian presence as well as its civilian investments will now be at the mercy of the Taliban, and to some extent Pakistan.
- Had India cultivated deeper relations with the Taliban, Indian interests would have been more secure in a post-American Afghanistan.
4) Impact on India’s foreign policy choices
- Shift to Indo-Pacific: Given the little physical access India has to its north-western landmass, its focus is bound to shift more to the Indo-Pacific even though a maritime grand strategy may not necessarily be an answer to its continental challenges.
- Improving relations with neighbours: India might also seek to cultivate more friendly relations with its neighbours.
- India has already indicated that it would not challenge the junta on the coup and its widespread human rights violations.
- The last thing India needs now is an angry neighbour rushing to China.
- Stability in relations with Pakistan: The developments in Afghanistan could nudge India to seek stability, if not peace, with Pakistan.
- Both sides might refrain from indulging in competitive risk-taking unless something dramatic happens which is always a possibility between the two rivals.
- That said, stability between India and Pakistan depends a great deal on how politics in Kashmir plays out, and whether India is able to pacify the aggrieved sections in the Valley.
Consider the question “What would be the fallout of the Taliban’s return in Afghanistan for India? What steps India needs to take to mitigate the impact on its interests?”
Conclusion
The lesson for India in the wake of these developments is clear: It will have to fight its own battles. So it must make enemies wisely, choose friends carefully, rekindle flickering friendships, and make peace while it can.
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