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  • Terrorism and Challenges Related To It

    Membership of a banned outfit is a crime under UAPA: SC

    | Security Issues | Mains Paper 3: Organized Crime & Terrorism

    uapa

    The Supreme Court has overturned its previous judgments and ruled that a person who “is or continues to be” even a “mere member” of a banned organisation is liable to be found criminally liable under the Unlawful Activities Prevention Act (UAPA) for acting against the sovereignty and integrity of India.

    Why in news?

    • The Supreme Court’s earlier ruling maintained the restraints stitched into Article 19(4) on the right of citizens to form associations and unions.

    What has changed with this judgment?

    • Possession of literature or expression of sympathy to the cause without any real involvement in the crime can be counted as evidence of “membership” if the threshold is lower and does not require actual involvement.

    What is Unlawful (Activities) Prevention Act (UAPA)?

    • The UAPA is aimed at effective prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
    • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
    • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
    • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

    What are Unlawful Activities and Associations?

    • The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
    • Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
    • The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”

    (1) Unlawful Activites

    • Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
    1. Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
    2. Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
    3. which causes or is intended to cause Disaffection against India;
    • Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.

    (2) Unlawful Association

    The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–

    1. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
    2. which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity

    Cases registered under UAPA

    • During 2015 to 2020, 5,924 cases were registered and 8,371 persons arrested.
    • The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.

    Why UAPA is often criticized?

    • Draconian: The provision of extended detention without trial, lack of transparency in the process, and limited scope for judicial intervention have also been criticized.
    • Community targeting: The law has been used to suppress dissent, target minorities, and stifle freedom of speech and expression.
    • Vague definitions: Critics argue that the broad definition of “unlawful activities” in the law is vague and can be used to target anyone who opposes the government or its policies.

    Reported abuse of UAPA

    • The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
    • It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
    • The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
    • This is far less to figure of the success of having UAPA.

    Issues with UAPA

    • Burden of proof:With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
    • No interim bail:As a consequence of UAPA being applied, the accused cannot even get bail.
    • Traitor branding:This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
    • Fake and framed cases:In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.

    Impact of the recent ruling

    • The ruling is expected to have significant implications for individuals associated with banned organisations in India.
    • It is likely that there will be more cases of individuals being charged for their membership of a banned organisation.
    • While the court clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA/

    Conclusion

    • This judgment is a significant step towards preventing unlawful activities and protecting the sovereignty and integrity of India.
    • While the ruling has been praised by the government, civil rights advocates have raised concerns about the implications of this judgment on fundamental rights.
    • It remains to be seen how this ruling will be applied and enforced in practice.

     

     

     

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  • Goods and Services Tax (GST)

    Lok Sabha clears forming GST Appellate Tribunal

    DOMR | Economics | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    The Lok Sabha passed Finance Bill, 2023 with some amendments, including one that seeks to set up the much-awaited GST Appellate Tribunal (GSTAT), which will deal with tax disputes.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Composition of GSTAT

    • GSTAT will have a “Principal Bench” in New Delhi.
    • It would have the President (probably a former Supreme Court judge), a judicial member, a technical member (centre), and a technical member (state).
    • It will also have state benches.
    • Appeals pertaining to disputes of less than Rs. 50 lakh that don’t deal with a question of law could be decided by a single-member bench, as per the norms approved by the GST Council.

    Why need such Tribunal?

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve the efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time-consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    Back2Basics: Finance Bill

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

     

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  • RBI Notifications

    In news: Liberalised Remittance Scheme (LRS)

    Prelims Only | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    Central idea: The Reserve Bank of India (RBI) is being asked to monitor card spend under the Liberalised Remittance Scheme (LRS).

    Liberalised Remittance Scheme (LRS)

    • LRS is a facility provided by the Reserve Bank of India (RBI) to resident individuals to remit funds abroad for permitted current or capital account transactions or a combination of both.
    • The scheme was introduced in 2004 and has been periodically reviewed and revised by the RBI.
    • Under the scheme, resident individuals can remit up to a certain amount in a financial year for permissible transactions including education, travel, medical treatment, gifts, and investments in equity and debt securities, among others.
    • The limit for LRS is currently set at USD 250,000 per financial year.

    Eligibility for LRS

    • LRS is open to everyone including non-residents, NRIs, persons of Indian origin (PIOs), foreign citizens with PIO status and foreign nationals of Indian origin.
    • The Scheme is NOT available to corporations, partnership firms, Hindu Undivided Family (HUF), Trusts etc.

    Benefits provided by LRS

    • LRS is an easy process that anyone can use to transfer money between two countries.
    • It’s especially useful for businesses because they can use it to transfer funds to India, and investors can receive their investments back home.
    • LRS also has some added benefits, like fast transfer timing and no issues with exchange rates.

     

     

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  • Indian Navy Updates

    [pib] Exercise Konkan, 2023

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

    Ex Konkan, the annual bilateral maritime exercise between the Indian Navy and the Royal Navy, was recently held off the Konkan coast in the Arabian Sea.

    Exercise Konkan 2023

    • Konkan exercise is the annual bilateral maritime exercise between the Indian Navy and the UK’s Royal Navy.
    • INS Trishul, a guided missile frigate, and HMS Lancaster, a Type 23 guided missile frigate, participated in this edition.
    • They undertook multiple maritime drills to enhance interoperability between the two forces and imbibe best practices.
    • The exercises covered all domains of maritime operations, air, surface, and sub-surface.
    • It included gunnery shoots on the surface inflatable target ‘Killer Tomato’, helicopter operations, anti-air, and anti-submarine warfare drills, Visit Board Search and Seizure (VBSS), ship maneuvers, and exchange of personnel.
    • The exercise will help the Indian Navy and Royal Navy work together to improve maritime security and maintain a rules-based order in the region.

     

     

     

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    IPCC’s Synthesis Report: Urgent Action Needed For Climate-resilient Development

    op-ed snap | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    Central Idea

    • The Intergovernmental Panel on Climate Change (IPCC) recently released the synthesis report of its Sixth Assessment Report (AR6) cycle, which serves as a survival guide for humanity. The report highlights the urgent need for a climate-resilient development model that integrates adaptation, mitigation, and sustainable development for all.

    Key Takeaways from the AR6 Report

    • Human activity is driving global temperature rise, currently at 1.1°C above pre-industrial levels, with an estimated trajectory of 2.8°C by 2100.
    • While the rate of emissions growth has slowed in the past decade, humanity is estimated to be on a 2.8° C (2.1°-3.4° C range) trajectory by 2100.
    • This temperature rise is causing widespread impacts on climatic systems, with greater risks at lower temperatures than previously assessed.
    • The IPCC report highlights that by 2019, humanity had already used up 80% of its carbon budget for limiting warming to 1.5°C, with developed economies being the biggest contributors.
    • The report also notes that existing modelling studies, which are often used to assess emission trajectories, do not explicitly account for questions of equity.

    Major implications for limiting warming to 1.5°C rather than 2°C

    1. Carbon Budget and Temperature Targets:
    • The world’s carbon budget for 1.5°C is much lower than for 2°C. Global pathways show that limiting warming to 1.5°C requires a 43% reduction in greenhouse gas emissions by 2030, while for 2°C it is 21%.
    • Even more concerning is that projected CO2 emissions from existing fossil fuel infrastructure already surpass the remaining carbon budget for 1.5°C.
    • Striving for a 1.5° C target implies deep and immediate reductions in emissions in all sectors and regions, which makes more salient different national circumstances and questions of climate equity and operationalisation of the UNFCCC’s core principle of Common but Differentiated Responsibility and Respective Capabilities.
    1. Climate adaptation itself has limits:
    • The report highlights that adaptation itself has limits, which implies that some losses and damages of climate change are inevitable.
    • For example, the report finds that some coastal and polar ecosystems have already reached hard limits in their ability to adapt to a changing climate.

    Key message of the report

    • Climate-resilient development: Urgently adopting climate-resilient development a developmental model that integrates both adaptation and mitigation to advance sustainable development for all.
    • Green transition: The report assesses the plethora of technologies and design options, such as solar energy or electric vehicles, that can help countries reduce emissions or become more resilient today at low costs, and in a technically feasible manner.
    • Equity and social justice: Prioritising and addressing equity and social justice in transition processes are shown to be key to climate-resilient development.
    • Net-zero emissions: To achieve climate-resilient development, the world needs to reach net-zero emissions. This may depend on large-scale carbon dioxide removals, which are challenging to achieve.

    Progress and gaps in Climate Response

    • Some progress has been made in policies and laws, with the effectiveness of policy tools like carbon markets.
    • The report points out that there are gaps between modelled sustainable pathways and what countries have pledged (ambition gaps) as well as substantial gaps between what countries pledge and what they actually do (implementation gaps).

    Way ahead

    • Policy package: Policy packages that comprehensively address climate objectives can help countries meet short-term economic goals.
    • Investment: Delayed action risks locking-in to high carbon infrastructure in this decade, and creating stranded assets and financial instability in the medium term. Therefore, high upfront investments in clean infrastructure are imperative.
    • Financing needs to be increased manyfold: Despite sufficient global capital, both adaptation and mitigation financing need to increase many-fold, between three to six times for annual modelled mitigation investments, from 2020 to 2030.

    Conclusion

    • The IPCC AR6 synthesis report provides a blueprint for sustainable development and presents a sobering account of the present and future damages to ecosystems and vulnerable populations. It is crucial for governments and individuals worldwide to act urgently to mitigate and adapt to climate change, and pursue climate-resilient development.

     

     

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  • Family Courts: Need for Expansion and Reforms

    op-ed snap | Governance | Mains Paper 2: Schemes For Vulnerable Sections

    Central Idea

    • Mumbai’s only family court, inundated with divorce applications and family disputes, showcases a range of emotions and highlights the need for additional family courts to better address these complex and sensitive issues.

    The Nature of Family Court Cases

    • Mostly divorce cases: Common grounds for divorce include domestic violence, adultery, and dowry, but absurd reasons can also be found among the cases.
    • Other issues and counselling: Family courts handle not only divorce cases but also maintenance, child custody, and alimony cases, with judges first suggesting counseling for couples seeking to end their marriages.
    • Emotional scenes: Family courts witness heightened emotions, such as anger, blame, heartbreak, relief, and joy, as people struggle with the consequences of broken relationships.
    • Inequal treatment: Instances of inequality in the judicial system are evident, with influential individuals sometimes receiving preferential treatment.
    • Role of technology and empathy: During the COVID-19 pandemic, non-custodial parents sought to maintain contact with their children through video calls.
    • For instance: A lactation room was recently inaugurated at the Bandra family court to provide a refuge for women with infants amidst child custody and divorce proceedings.

    Why Family courts were established?

    • Family courts were established to provide a forum for speedy settlement of family-related disputes, emphasizing non-adversarial conflict resolution and promoting conciliation.

    What are the challenges faced by Family courts in India?

    • Backlog of cases: One of the most significant challenges faced by family courts in India is the backlog of cases. Family disputes are often complex and require a significant amount of time to resolve, which results in long waiting periods for litigants.
    • Lack of infrastructure: Many family courts in India lack adequate infrastructure, such as courtrooms, staff, and equipment, which makes it difficult to manage cases efficiently.
    • Shortage of judges: There is a shortage of judges in family courts, leading to delays in the disposal of cases.
    • Low awareness: Many people in India are not aware of the role and functions of family courts, which often leads to confusion and delays in the resolution of disputes.
    • Socio-cultural factors: In many cases, socio-cultural factors such as patriarchy, gender discrimination, and dowry-related issues pose significant challenges to family courts in India.
    • Limited jurisdiction: Family courts in India have limited jurisdiction and can only hear certain types of cases related to family disputes. This can result in some cases being heard by multiple courts, leading to delays and confusion.

    The Need for Expansion and Reform in Family Courts: A Case of Mumbai’s family court

    • With over 5,000 divorce cases pending in Mumbai’s family court, frivolous applications and counter-applications add to the pendency of cases and negatively impact children.
    • The current seven judges at Mumbai’s family court are insufficient to handle the caseload, and the promise of 14 additional family courts in Mumbai, along with one each in Thane and Navi Mumbai, is a much-needed and welcome move.

    Conclusion

    • Mumbai’s family court reveals the complexity and emotional intensity of family disputes, and the urgent need for additional family courts to better address these sensitive issues. Expanding the number of family courts will help ensure that more families receive the support and resolution they need during these challenging times.

    Mains Question

    Q. Establish the purpose of Family courts. Discuss the challenges faced by family court in India.

     

     

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    India’s Water Vision: Roadmap for a Sustainable Future

    op-ed snap | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Central Idea

    • India’s Water Vision addresses key water-related challenges, highlights ongoing interventions, and offers recommendations for ensuring sustainability and serving as a model for other countries to achieve clean water and sanitation for all.

    India’s Water vision

    • India’s Water Vision is a government initiative aimed at providing clean and safe water to all citizens of India.
    • It was launched in 2019 and aims to provide water security, improve water use efficiency, and increase the use of recycled water.
    • The initiative also focuses on conservation of water resources and promoting sustainable water practices.
    • It is a plan announced as part of the Prime Minister’s Vision India @ 2047 initiative.

    The Importance of India’s Water Vision

    • Climate change: India’s Water Vision comes at a critical time when the IPCC’s Sixth Assessment Report confirms the adverse impacts of human-caused climate change on water availability and security, and the UN 2023 Water Conference takes place after a 46-year gap.
    • G20 presidency: India’s G20 presidency can set an example for other countries to prioritize water action, leading to a global water action agenda with clear commitments and pledges to accelerate progress towards achieving Sustainable Development Goal 6 by 2030.

    Challenges and Interventions in India’s Water Sector

    • Jal Jeevan Mission: The Jal Jeevan Mission has increased tap connections in rural households, but there is a need to ensure reliability and quality of water supply through investments in source sustainability and water quality surveillance for improved social, economic, and public health outcomes.
    • Groundwater regulation: Strengthen groundwater governance by making substantial progress in decision-making through groundwater atlas, aquifer mapping, and extensive monitoring. Encourage states like Rajasthan and Punjab to pass bills and fully implement the central government’s model law for regulating groundwater.
    • Namami Gange Programme and Atal Mission for Rejuvenation: Focus on pollution abatement and river rejuvenation by improving wastewater management through initiatives like Namami Gange Programme and Atal Mission for Rejuvenation and Urban Transformation. Realize the potential of treated wastewater for irrigation by strengthening treatment infrastructure and pricing freshwater adequately.
    • Per Drop More Crop initiative: Improve water use efficiency in irrigated agriculture by promoting micro-irrigation systems such as drip and sprinkler technologies through the Per Drop More Crop initiative. Scale up water-saving technologies through targeted subsidies for small and marginal farmers.
    • Atal Bhujal Mission: Engage local communities in water management through programs like Atal Bhujal Mission, which aims to improve groundwater management in water-stressed blocks by involving communities in the preparation of water security plans, ensuring climate resilience.

    Recommendations for Ensuring Sustainability of Water Actions

    • Ensure sustainable source: Ensure access to safely managed domestic water services by focusing on source sustainability and water quality surveillance, leading to positive social, economic, and public health outcomes.
    • Prompt groundwater regulation: Encourage all states to fully implement groundwater regulation laws and take prompt action to address groundwater overexploitation, especially in major groundwater-consuming states.
    • Improve wastewater treatment: Strengthen wastewater treatment infrastructure to treat a larger proportion of municipal sewage and ensure that freshwater is adequately priced to promote safe reuse of treated water for irrigation.
    • Efficient water use practice: Scale up water-saving technologies in agriculture by providing targeted subsidies to small and marginal farmers, facilitating the adoption of water-efficient practices and potentially saving 20% of currently used irrigation water by 2050.
    • Improving community engagement: Support ongoing community engagement in water management by ensuring the development and implementation of annual water security plans, taking corrective action when necessary to ensure water security in vulnerable regions.

    Facts for prelims

    Initiative Objective
    Jal Jeevan Mission (JJM) Ensure piped water supply to every household in the country by 2024
    Atal Bhujal Yojana (ABY) Improve groundwater management in the country
    Pradhan Mantri Krishi Sinchai Yojana (PMKSY)              Provide irrigation facilities to all agricultural lands in the country
    National Water Informatics Centre (NWIC) Collect, collate, and disseminate water-related data from various sources
    National Hydrology Project (NHP) Improve the country’s hydrological data management system
    Jal Shakti Abhiyan (JSA) Create awareness about water conservation and promote the judicious use of water

    Conclusion

    • India’s Water Vision offers a comprehensive roadmap for addressing water-related challenges and achieving clean water and sanitation for all. By sharing its successes, discussing the sustainability of its initiatives, and offering support to other countries, India can leverage its G20 presidency to accelerate progress toward Sustainable Development Goal 6 and serve as a model for global water action.

     

     

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  • Electronic System Design and Manufacturing Sector – M-SIPS, National Policy on Electronics, etc.

    India’s Push for Semiconductors

    Prelims Only | Economics | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    semiconductor

    Central idea

    • The Indian government has given ₹1,645 crore in PLI incentives to electronics manufacturers to bring more of the supply chain to India.
    • There is a growing need for semiconductors as they are used in almost all modern electronics.
    • Many countries are moving away from China’s dominance in the sector due to supply chain vulnerabilities and geopolitical pressures.

    Semiconductor manufacturing in India

    • Invest India agency estimates electronics manufacturing to be worth $300 billion by 2025-26.
    • While finished product facilities have been growing, fabs for chipsets and displays are rarer.
    • Ministry of Electronics and Information Technology is set to announce the first semiconductor manufacturing fab soon.
    • Semiconductor Industry Association (SIA) suggests India to leverage its strength in the electronics manufacturing value chain.
    • Foundry companies require high investments while OSAT generate better margins.
    • Outsourced Semiconductor Assembly and Test (OSAT) set-ups take care of less capital-intensive parts of chipmaking and run specialized tests.
    • Many chip facilities tend to be captive units of large companies.

    Importance of semiconductor manufacturing

    • Semiconductor fabrication units turn raw elements like silicon into integrated circuits used in practically all electronic hardware.
    • Fabs are highly capital-intensive undertakings costing billions of dollars for large facilities.
    • Fabs require a highly reliable and high-quality supply of water, electricity, and insulation from the elements, reflecting the high degree of precision, cost, and capital needed to make sophisticated circuits.
    • Countries have spotted strategic value in cornering segments of the value chain for fabs.
    • China has pulled ahead of Taiwan last year in terms of global sales from fabs.
    • The US passed the CHIPS Act to provide subsidies and investments to manufacturers opening fabs and making semiconductors in the US.
    • US also pushed some restrictions and sanctions on the Chinese semiconductor industry.

    India’s advantages in semiconductor manufacturing

    • India has an advantage in semiconductor manufacturing as a large portion of semiconductor design engineers globally are either Indian or Indian-origin.
    • Chipmaking firms such as Intel and NVIDIA have large facilities in India that are already flush with Indian talent working on design problems.
    • China is losing control over this advantage in the face of sanctions and an ageing population.
    • Experts believes that without a sustainable pipeline of high calibre talent, China’s goals for the semiconductor sector will not be achievable.

    Various challenges

    • Huge Investments involved: Semiconductor Fabrication facility requires many expensive devices to function. Complex tools and equipment are required to test quality and move silicon from location to location within the ultra-clean confines of the plant.
    • Economy of scale:  In semiconductor fabrication, a high volume of production is required to be maintain so as to meet the increasing demand of the marketplace, at the same time, a strong financial backing as Indian market is very much uncertain about financial fluctuations.
    • Requirement highly skilled labour: Semiconductor fabrication is a multiple-step sequence of photolithographic and chemical processing steps during which electronic circuits are gradually created on a wafer made of pure semiconducting material. This actually requires high skills.
    • Scarcity of raw materials: From a value-chain perspective, it needs silicon, Germanium & Gallium arsenide and Silicon carbide which are not available in India and needs to be imported.
    • Uncertain Indian market: A semiconductor fabrication facility in India cannot independently rely on Indian customers for their entire sales structure. They have to maintain overseas customer base to balance inflections from Indian market due to market trends, government policies etc.
    • Disposal of hazardous waste: Many toxic materials are used in the fabrication process such as arsenic, antimony, and phosphorus. Hazardous impact on the environment by the industry may act as an impediment to India’s commitment to mitigate climate change.

    Policy initiatives in India

    • Make in India:This aims to transform India into a global hub for Electronic System Design and Manufacturing (ESDM).
    • PLI scheme:In December 2021 the Centre sanctioned ₹76,000 crore under the production-linked incentive (PLI) scheme to encourage the manufacturing of various semiconductor goods within India.
    • DLI scheme:It offers financial incentives, design infrastructure support across various stages of development and deployment of semiconductor design for Integrated Circuits (ICs), Chipsets, System on Chips (SoCs), Systems & IP Cores and semiconductor linked design.
    • Digital RISC-V (DIR-V) program: It intends to enable the production of microprocessors in India in the upcoming days achieving industry-grade silicon and design wins by December 2023.
    • India Semiconductor Mission (ISM):The vision is to build a vibrant semiconductor and display design and innovation ecosystem to enable India’s emergence as a global hub for electronics manufacturing and design

    Way forward

    To ensure greater resilience in a volatile world, India needs to undertake the following measures to sustain the domestic and global semiconductor demand:

    • Policy framework: As foundry setup is highly Capital intensive, it must be supported with a solid long term plan and financial backing. This backing is required from the entrepreneur & the government both.
    • Fiscal sustenance: In text of Indian Government as tax holiday, subsidy, zero duty, financial investment etc. will play an important role in promoting the Fab along with the semiconductor industry in India; this will put further pressure on already large Fiscal Deficit.
    • Support Infrastructure: World class, sustainable infrastructure, as required by a modern Fab be provided, with swift transportation, large quantity of pure water, uninterrupted electricity, communication, pollutant free environment etc.

    Conclusion

    • India’s electronic manufacturing incentive programs are geared towards breaking new ground in ambitious plans connected to popular brands such as Apple.
    • The Indian government is working to create an ecosystem that will facilitate sustainable growth and fiscal feasibility in the semiconductor industry.
    • The electronics value chain must be an international undertaking among like-minded nations with common values to be effective.

     

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    India’s disputed Compensatory Afforestation (CAMPA) Policy at odds with new IPCC report

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

     

    Central idea

    • The Intergovernmental Panel on Climate Change (IPCC) released its Synthesis Report, where the IPCC notes the significance of preserving natural ecosystems to mitigate climate change.
    • The report has raised concerns about the ongoing policy of afforestation in India that allows forests to be cut down and replaced elsewhere.

    Afforestation in India

    • Afforestation has become an increasingly contested policy in India.
    • The government has pledged to add “an additional (cumulative) carbon sink of 2.5-3 GtCO2e through additional forest and tree cover by 2030”.

    Why is CAMPA invoked in the IPCC report?

    • India’s Compensatory Afforestation Fund Management and Planning Authority (CAMPA) has been accused of facilitating the destruction of natural ecosystems in exchange for forests to be set up elsewhere.

    What is CAMPA?

    • CAMPA is a body established by the Indian government in 2002 on the orders of the Supreme Court.
    • The purpose of CAMPA is to promote afforestation and regeneration activities as a way of compensating for forest land that has been diverted to non-forest uses, such as for dams, mines, and other development projects.
    • The Forest (Conservation) Act of 1980 requires project proponents to identify land elsewhere for afforestation and pay for the afforestation exercise.
    • The money paid by project proponents is deposited in a fund overseen by CAMPA.

    Controversies surrounding CAMPA

    • Unutilised fund: The money paid to CAMPA sits in a fund, but most of the fund remained unspent until 2013, leading to criticism of facilitating the destruction of natural ecosystems. In 2006-2012, the fund grew from Rs 1,200 crore to Rs 23,600 crore.
    • Threatening endangered landscape: CAMPA also came under fire for funding projects that endangered landscape connectivity and biodiversity corridors.
    • Unsustainability of artificial plantation: CAMPA has been accused for planting non-native species or artificial plantations that don’t compensate for the ecosystem loss.

    Why is forestation under CAMPA unsustainable?

    • Natural ecosystems sequester more carbon: This report highlights the importance of preserving natural ecosystems and reducing the conversion of natural ecosystems to mitigate climate change.
    • Renewable energy installation is more sustainable: The IPCC report also found that solar power has more mitigating potential than reducing the conversion of natural ecosystems, and wind power was the third highest.

    Conclusion

    • Preserving natural ecosystems should be recognized as an essential means to mitigate climate change, and environment impact assessments should include climate costs.
    • Policies such as afforestation, ecosystem restoration, and renewable energy must be carefully evaluated to reduce the impact of the climate crisis.

     

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Disqualification of a MP over Criminal Charges

    Prelims Only | Polity | Mains Paper 2: Parliament & State Legislatures

    disqualification

    Central idea: A politician has been sentenced to two years in jail by a Surat court in a 2019 defamation case filed against him for his remarks about the surname of a community. This conviction could lead to his disqualification.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    1. Constitutional provisions: First is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
    2. Defection: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    3. Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases.

    Disqualification under RPA, 1951

    • It provides for disqualification for conviction in criminal cases.
    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections.

    Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
    • This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

     

     

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