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  • Rs 2,913 Cr from PSEs to PM CARES Fund

    pm cares

    Government-run listed firms have contributed at least Rs 2,913.6 crore between 2019-20 and 2021-22 to the controversial Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund.

    About PM CARES Fund

    • The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
    • The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
    • The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
    • The fund will also enable micro-donations. The minimum donation accepted is ₹10.

    Issues over PM-CARES Fund

    • No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
    • Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
    • Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.

    Questions and gaps

    • Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
    • Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
    • Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
    • Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.

    Issue over tax benefits

    • Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
    • CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
    • Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.

    What can be inferred from all these?

    • The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
    • The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.

    Query and response: Again ironical

    • After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
    • The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.

    Severe interpretations: Is it an Office of Profit?

    • If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.
    • And that could disqualify him and the three Ministers from holding those constitutional offices.

    Conclusion

    • In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
    • The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.

     

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  • SCO and Its Broader Geopolitical Evolution

    SCO

    Central Idea

    • The visit of Chinese and Russian defence ministers to attend a ministerial meeting of the Shanghai Cooperation Organisation (SCO) in Delhi has drawn attention to the broader geopolitical evolution of the SCO. While the clamour for membership shows the attractiveness of the forum, its internal contradictions and inability to cope with intra-state and inter-state conflicts among member states are raising questions about its strategic coherence.

    All you need to know about SCO

    • Background: After the collapse of the Soviet Union in 1991, the then security and economic architecture in the Eurasian region dissolved and new structures had to come up. The original Shanghai Five were China, Kazakhstan, Kyrgyzstan, Russia and Tajikistan.
    • SCO formation: The SCO was formed in 2001, with Uzbekistan included. It expanded in 2017 to include India and Pakistan. Since its formation, the SCO has focused on regional non-traditional security, with counter-terrorism as a priority.
    • Partner countries: Eight Member States are China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, India, and Pakistan. While four observer states are Afghanistan, Belarus, Iran, and Mongolia and six dialogue partners include Armenia, Azerbaijan, Cambodia, Nepal, Sri Lanka, and Turkey.
    • Functionaries of SCO
    1. Executive Branch: The SCO has an executive branch, which is headed by the Secretary-General and is responsible for the day-to-day functioning of the organization.
    2. Council of Heads of State: The highest decision-making body of the SCO is the Council of Heads of State, which meets annually to discuss and decide on important issues.
    3. Council of Heads of Government: The Council of Heads of Government is the second most important decision-making body of the SCO, which meets annually to discuss and decide on economic and trade-related issues.
    4. Regional Anti-Terrorist Structure (RATS): The SCO has RATS, which is responsible for coordinating the efforts of member states in the fight against terrorism, separatism, and extremism.

    Facts for prelims

    SCO RATS:

    • Regional Anti-Terrorist Structure (RATS) is a permanent organ of the SCO which serves to promote cooperation of member states against the three evils of terrorism, separatism and extremism.
    • It is headquartered in Tashkent.
    • Its head is elected to three-year term.
    • Each member state of SCO sends permanent representative to RATS.

    The SCO paradox

    • Shadow over its strategic coherence: Even as the Eurasian forum looks attractive to a growing number of regional states, its internal contradictions are casting a shadow over its strategic coherence.
    • Russia-Ukraine war: Russia’s war in Ukraine is raising questions about Moscow’s capacity to sustain primacy in its backyard.
    • China’s dominance in Asia: China’s rise is increasing the prospects for Beijing’s emergence as the dominant force in inner Asia.

    SCO

    Membership Clamour and Attractiveness of the SCO

    • Comparison between the long lines for membership at the doors of the North Atlantic Treaty Organisation and the SCO:
    • Central European countries towards NATO: Many countries in Central Europe, including Ukraine, want to follow Finland and Sweden into NATO.
    • Several countries queuing up to join SCO: Several important regional states in India’s neighbourhood are queuing up to join the SCO, which now has eight members – China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Uzbekistan, and Tajikistan.
    • Iran set to join: Iran is set to join the SCO and Afghanistan, Belarus, and Mongolia are observers and would like to follow Tehran.
    • Impressive list of dialogue partners: Then there is the impressive list of current and incipient dialogue partners that includes Azerbaijan, Armenia, Egypt, Qatar, Turkey, Saudi Arabia, and the United Arab Emirates from the Middle East and Maldives, Nepal, and Sri Lanka from the Subcontinent.
    • SCO is inclusive: Unlike NATO the SCO is inclusive, and its attractiveness underlines the rise of non-Western security institutions.
    • Turkey wants to be part of SCO: Turkey, a long-standing member of NATO, wants to be part of SCO certainly highlights the value of being part of a forum led by Russia and China that today are at loggerheads with the West.

    Internal Conflicts and Counter-terrorism Preoccupation

    • Internal conflicts becoming high priority: Counter-terrorism has been the principal preoccupation of the SCO for all these years. The internal conflicts within and between the member states and associates are becoming a higher priority for the SCO.
    • For example: Afghanistan’s internal instabilities have been a major driver for the SCO. However, for all the talk of the SCO becoming the regional security arbiter, it was a direct deal between the US and the Taliban that reshaped the Afghan dynamic.
    • Russia’s Role and Ambitions in Central Asia: Russia’s muscle and Beijing’s money provide a sensible basis for their strategic division of labour in Central Asia to keep the Western powers out of the region. However, if Russia is a protector of the Central Asian regimes, it could also be a potential predator.
    • China’s Growing Regional Influence: China’s growing regional influence will come at Russia’s expense, as China becomes the senior partner in the bilateral relationship with Russia after Ukraine. China’s explicit support of the sovereignty of the Central Asian states is a straw in the wind. Shared borders, growing political salience, and rising regional security profiles promise to make China a force to reckon with in Central Asia in the not-too-distant future.

    Significance of SCO for India

    • Central Asia connection: SCO membership provides India with an opportunity to engage with Central Asian nations, Russia, and China, and work towards promoting regional stability, security, and economic cooperation.
    • Security cooperation: SCO focuses on combating terrorism, separatism, and extremism in the region, which is of particular concern to India.
    • Consensus over CBT: India has been a victim of cross-border terrorism for decades. India has been working closely with the RATS to share intelligence and coordinate counter-terrorism operations in the region.
    • Economic push: SCO has set up mechanisms for trade and economic cooperation, including the SCO Business Council, the SCO Interbank Consortium, and the SCO Development Bank.
    • Cultural cooperation: The organization aims to promote cultural exchanges among member states and has set up mechanisms for cooperation in fields such as education, science, and technology

    Issues with SCO (Indian context)

    • Pakistan’s presence: India has accused Pakistan of using SCO forums to spread propaganda and misinformation against India.
    • China’s dominance: India has also expressed concerns over China’s dominance in the organization and its attempts to use the platform to push its strategic interests in the region.
    • Limited economic benefits: Despite being a member of the organization for over a decade, India’s trade with other SCO members remains limited and has not been able to tap the full potential of the organization.
    • Limited counter-terrorism cooperation: While the primary objective of the organization is to combat terrorism, India has expressed concerns over the limited counter-terrorism cooperation among member states.
    • Limited influence: Despite being a major power in the region, India’s voice and concerns have not been adequately represented in the organization.

    India’s challenging role in the SCO

    • India’s engagement with the SCO all these decades was premised on Russian primacy in the region and Moscow’s support of India’s regional interests.
    • For India, a strong and independent Russia is critical for maintaining the inner Asian balance. However, Delhi is in no position to ensure Moscow’s strategic autonomy from Beijing; that depends on Russian strategic choices.
    • India’s burden in the SCO must now be to protect its own interests amidst a rapidly changing regional power distribution in China’s favour.

    Conclusion

    • India, which is chairing the Eurasian regional forum this year, has a range of bilateral problems to discuss with its fellow SCO members. However, its burden in SCO must now be to protect its own interests amidst a rapidly changing regional power distribution in China’s favour. The challenge is particularly demanding as India does not have direct geographic access to the landlocked region.

    Mains Question

    Q. The clamour for membership is a measure of a forum’s success the increasing clamour for the membership of the SCO is doing well. Discuss and highlight the internal challenges that the SCO is facing.

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  • Genome Sequencing and the Genome India Project

    genome

    The Department of Biotechnology recently said that the exercise to sequence 10,000 Indian human genomes and create a database under the Centre-backed Genome India Project is about two-thirds complete.

    What is the Genome India Project?

    • The Genome India Project has been described by those involved as the “first scratching of the surface of the vast genetic diversity of India”.
    • It involves over 20 scientists from institutions including the Indian Institute of Science (IISc) in Bengaluru and a few IITs.
    • It is inspired by the Human Genome Project (HGP 1990-2003) an international programme that led to the decoding of the entire human genome.

    About Human Genome Project (HGP)

    Description
    Description HGP was a global research effort aimed at mapping and sequencing the entire human genome, which is the complete set of genetic instructions for building and maintaining a human being.
    Timeframe Began in 1990 and was completed in 2003.
    Collaborators A collaborative effort involving scientists from many countries.
    Coordinators Institutes of Health (NIH) and the US Department of Energy (DOE), US
    Achievements Scientists were able to identify the location of many human genes and provide information about their structure and organization.
    Impact It has led to the development of new diagnostic tools and therapies for a wide range of genetic disorders and has provided valuable insights into the basic biology of human development and evolution.
    Fields affected Medicine, biotechnology, and pharmaceuticals.

     

    What is a Genome?

    • Every organism’s genetic code is contained in its Deoxyribose Nucleic Acid (DNA), the building blocks of life.
    • The discovery that DNA is structured as a “double helix” by James Watson and Francis Crick in 1953, started the quest for understanding how genes dictate life, its traits, and what causes diseases.
    • A genome is all the genetic matter in an organism. It is defined as “an organism’s complete set of DNA, including all of its genes.
    • Each genome contains all of the information needed to build and maintain that organism.
    • In humans, a copy of the entire genome contains more than 3 billion DNA base pairs.
    • Each pair consists of 23 pairs of chromosomes for a total of 46 chromosomes, which means that for 23 pairs of chromosomes in each cell, there are roughly 20,500 genes located on them.

    What does genome mapping tell us?

    • Some of the genes are lined up in a row on each chromosome, while others are lined up quite close to one another and this arrangement might affect the way they are inherited.
    • For example, if the genes are placed sufficiently close together, there is a probability that they get inherited as a pair.
    • Genome mapping, therefore, essentially means figuring out the location of a specific gene on a particular region of the chromosome and also determining the location of and relative distances between other genes on that chromosome.

    How did it help during the pandemic?

    • Genomic sequencing became a crucial tool in the fight against COVID-19 to track emerging variants, conduct further studies, and develop vaccines.
    • In January 2020, Chinese scientist Yong-Zhen Zhang sequenced the genome of the novel coronavirus and shared it online, allowing researchers to study the virus’s genetic code.
    • India also implemented a sequencing framework, the Indian SARS-COV-2 Genomics Consortia (INSACOG), to scan coronavirus samples from patients and flag the presence of variants.

    What is the significance of GIP?

    • HGP has a major diversity problem as most genomes (over 95%) mapped under HGP have been sourced from urban middle-class white people.
    • Thus, HGP should not really be seen as representative of the human genome.

    In this context, the GIP aims to vastly add to the available information on the human species and advance the cause, both because of the scale of the Indian population and the diversity here. This diversity can be depicted by:

    1. Horizontal Diversity: The Indian subcontinent has been the site of huge migrations, where the first migrations were from Africa. Also, there have been periodic migrations by various populations from all around the world, making this a very special case of almost all races and types intermingling genetically.
    2. Vertical Diversity: There has been endogamy or inter-marriage practised among distinct groups, resulting in some diseases passed on strictly within some groups and some other traits inherited by just some groups.

    Its applications

    • Personalized Medicine: Genome sequencing can help in the development of personalized medicine. By analyzing a patient’s genetic makeup, doctors can determine the best course of treatment for a particular disease. This approach can help in the early detection of diseases, identifying the risk of inherited diseases, and providing targeted therapies.
    • Disease Diagnosis: Genome sequencing can be used to diagnose genetic disorders that are caused by mutations in a single gene, such as cystic fibrosis and sickle cell anemia. It can also help in identifying the genetic causes of complex diseases such as cancer, Alzheimer’s, and diabetes.
    • Drug Development: Genome sequencing can help in the development of new drugs by identifying targets for drug therapy. It can also help in the identification of biomarkers that can be used to monitor the effectiveness of drugs.
    • Agriculture: Genome sequencing can help in the development of improved crops and livestock by identifying genes that control traits such as yield, disease resistance, and quality.
    • Forensics: Genome sequencing can be used in forensic investigations to identify suspects by analyzing their DNA. It can also help in identifying missing persons and victims of disasters.

    Challenges involved

    • Fear of Scientific Racism: In India, a nation divided by identity politics, scientific work in mapping genetic groups may further strengthen the divisions in the society based on the prevalent notion of race.
    • Data & Storage: India is yet to pass a Data Privacy Bill with adequate safeguards and launching the GIP before the privacy question is settled could give rise to another set of problems.
    • Medical Ethics: In a project that aims only to create a database of genetic information poses a risk of doctors privately performing gene modification.

     

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  • Understanding Temperature Anomalies

    temperature

    Central idea: Global warming does not mean that each month or each year will be warmer than the previous month or the previous year.

    What is Temperature Anomaly?

    • This is a measure of how much the actual temperature deviates from the long-term average temperature for a particular location and time period.
    • Anomalies are calculated by taking the difference between the actual temperature and the long-term average temperature, and then averaging this difference over a specified period.
    • The anomalies are due to land-ocean-atmosphere processes that dynamically determine the weather and climate.
    • It is a useful tool for understanding changes in climate over time, as they allow scientists to compare temperatures from different time periods and locations.
    • For example, a temperature anomaly of +2°C in a particular region in a given year means that the temperature in that region was 2°C higher than the long-term average for that region and time period.

    Why study this?

    • Long-term trend: By analyzing temperature anomalies over time, scientists can identify long-term trends in climate change and predict future changes.
    • Track extreme weather event: These are also used to monitor extreme weather events such as heatwaves, droughts, and floods, which can have significant impacts on human health, agriculture, and natural ecosystems.

    Recent context: Second warmest March on record

    • The fact that March 2023 was the second warmest March on record suggests that the planet is experiencing long-term warming.
    • It is a clear indication of the impact of human activities on the planet.
    • The burning of fossil fuels and deforestation have led to an increase in greenhouse gases, which trap heat in the Earth’s atmosphere and contribute to global warming.
    • This warming trend is expected to continue and worsen in the coming years, leading to more extreme weather events, sea level rise, and other negative impacts on the planet.

    What does this mean for local weather?

    • The second warmest March on record can have significant impacts on local weather patterns.
    • As mentioned earlier, the warming over the northwest to the west of India caused cooler than normal weather over Mumbai and excess pre-monsoon rains over the northwest.
    • On the other hand, Kerala and Odisha experienced scorching heatwaves.
    • These weather anomalies can have serious implications for agriculture, water resources, and public health.

    Implications

    • Crop yields decline: This can be affected by extreme weather events, and changes in precipitation patterns can lead to water shortages or flooding.
    • Heatwaves: This can cause heat stress and other health problems, particularly for vulnerable populations such as the elderly and young children.

     

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  • Bangalore Principles of Judicial Conduct

    banglore

    The Supreme Court of India has directed the Registrar General of the Calcutta High Court to investigate an alleged interview given by a judge to a news channel in which he made remarks against a politician. This is cited against Bangalore Principles of Judicial Conduct.

    What are Bangalore Principles?

    • The Bangalore Code of Judicial Conduct was drafted in 2001 for the Judicial Group on Strengthening Judicial Integrity and presented to the Round Table Meeting of Chief Justices in November 2002.
    • Resolution 23 of the United Nations Social and Economic Council promotes implementation of the Bangalore Principles by the judiciaries of Member States.
    • The principles are intended to establish standards for ethical conduct of judges.
    • They are designed to provide guidance to judges and to offer the judiciary a framework for regulating judicial conduct.

    Six core values recognized

    S. No. Principle Description
    1. Independence Judges must be free to make impartial decisions based on the law and facts, without any influence or pressure from external sources.
    2. Impartiality Judges must be unbiased and treat all parties equally, without any favoritism or discrimination.
    3. Integrity Judges must have high moral and ethical principles, be honest, and act with transparency and fairness.
    4. Propriety Judges must avoid any impropriety or appearance of impropriety, such as conflicts of interest or inappropriate behavior.
    5. Equality Judges must uphold the principle of equality before the law, treating all people with respect and dignity.
    6. Competence and diligence Judges must have the necessary knowledge, skills, and qualities to perform their duties effectively, and must work diligently and efficiently.

     

    Significance of these principles

    • The principles define their meaning and elaborate in detail on what kind of conduct is to be expected in concrete terms of the persons concerned in order to put the respective value into practice.
    • A number of specific instructions are given under each of the values.
    • Not only have some States adopted the Bangalore Principles but others have modelled their own Principles of Judicial Conduct on them.

     

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  • Places in news: Thirunelly Temple

    thirunelly

    The Indian National Trust for Art and Cultural Heritage (INTACH) has urged the government to conserve the historically significant structures, including the 600-year-old ‘Vilakkumadom’, an exquisite granite structure, at the Sree Mahavishnu Temple at Thirunelly in Wayanad district.

    About Thirunelly Temple

    • The temple is dedicated to Lord Vishnu and is also known as Sahyamala Kshetram.
    • It is also referred to as the ‘Kashi of the South’ and is considered as an important pilgrimage center for Hindus.
    • It is located at the confluence of three rivers – Papanasini, the holy river, which is believed to have the power to wash away sins, Kudamurutti, and Koothappuzha.
    • The temple has a unique circular structure made of granite stones, which is believed to have been constructed by Lord Brahma himself.
    • It has beautiful architecture and features intricate carvings, mural paintings, and sculptures.
    • The temple celebrates several festivals throughout the year, including Vishu, Navaratri, and Thirunelli festival.

    Renovation plan

    • The renovation works include the reconstruction of the chuttambalam or the structure around the sanctum sanctorum, except for the balikkalpura structure on the front side.
    • The renovation work also includes the completion of the vilakkumadam, an exquisite granite structure that has a history dating back to the 15th century AD.
    • The renovation works also include the renovation of the panchatheertham pond and the pathway to the papanasini bath ghat where devotees perform the bali ritual.

    Why in news?

    • The temple structure has a history dating back to the 15th century AD, and stories related to the architecture and style of the temple are associated with it.
    • In guise of renovation, there is a concern over the loss of valuable precincts and the destruction of heritage.
    • The incomplete structure that stood as testimony to a rich cultural heritage has been remodelled in an insensitive way.

     

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  • Rural Real Wage Growth In India: The Importance of Accurate Data analysis

    Central Idea

    • Rural real wage growth is a crucial indicator of the well-being of individuals, particularly the poor, in India. Jean Dreze, a respected economist claims that rural real wage growth in India has been sluggish despite rapid economic growth. However as per Surjit Bhalla another economist, Dreze’s findings are based on weak statistical analysis and incomplete data. Surjit Bhalla’s and presents his own findings, which suggest higher wage growth rates for construction workers, non-agricultural laborers, and agricultural laborers.

    Contrast results for instance

    • For construction workers, Dreze obtains a rate of growth (CAGR) of just 0.2 per cent (actually 0.15 per cent); However, CAGR stands at eight times larger at 1.2 per cent.
    • For non-agricultural labourers (porters and loaders) the same yawning divergence: Dreze obtains 0.3 per cent, whereas it stands 1.2 per cent, and for agricultural labourers, 0.9 per cent vs 1.5 per cent.

    What is CAGR?

    • CAGR stands for Compound Annual Growth Rate. It is a measure used to calculate the average growth rate of an investment over a certain period of time, assuming that the investment has grown at a steady rate each year.
    • It takes into account the effect of compounding, which means that the investment’s growth in one year is added to the base value of the investment, and the total amount is then used to calculate growth for the next year.
    • CAGR is often used in finance to compare the performance of different investments or to forecast future growth.

    Why are the two results so different?

    • Differences in Method of Estimation: Dreze uses semi-log regression on eight observations to estimate the compound annual growth rate (CAGR) for each of three male occupations. His estimate of CAGR is not even significant at the 11 per cent level of confidence for two of these occupations – construction and non-agricultural laborers. Dreze does not uses a population-weighted average of year-on-year growth for each of the 38 sex-occupation categories to estimate CAGR accurately.
    • Differences in Time Period of Analysis: Surjit Bhalla also criticizes Dreze’s chosen time period of analysis, 2014-2021. As per Surjit Bhalla, that no study combines pre-Covid and Covid years without even a mention of the difference. Surjit Bhalla presents data for three time periods, including the normal 2014-2018, Covid 2019-2021, and all years 2014-2021.

    Why accurate rural wage data is important?

    • Poverty alleviation: Rural wage data is used to determine the poverty levels in a country, and accurate data is essential for effective poverty alleviation policies.
    • Income inequality: Accurate rural wage data can help policymakers understand the level of income inequality in rural areas and design policies to reduce it.
    • Agricultural productivity: Rural wage data is used to assess the productivity of the agricultural sector, which is a key source of income for rural households.
    • Labor market trends: Accurate rural wage data helps policymakers understand the trends in the rural labor market, such as changes in demand for different types of labor, and design policies to support employment growth.
    • Minimum wage determination: Accurate rural wage data is necessary for determining minimum wages for rural workers, which is important for protecting the rights of workers and reducing labor exploitation.
    • Social protection: Rural wage data is used to design social protection programs such as cash transfers, food subsidies, and public works programs to support the poorest households in rural areas.
    • Macro-economic policy: Rural wage data is used to inform macro-economic policies such as inflation targeting and monetary policy, as well as to evaluate the effectiveness of such policies on rural households.

    Conclusion

    • The issue of rural real wage growth in India is complex and requires a nuanced understanding of data selection, treatment, intensity, and estimation. There is need for a more comprehensive set of data and a different method of estimation.

    Mains Question

    Q. What is Compound Annual Growth Rate (CAGR). Why do you think, accurate rural wage data is so important?

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  • Same Sex Marriage: Marriage Equality for LGBTQ+ Persons is A Fundamental Right

    LGBTQ+

    Central Idea

    • The Supreme Court of India recently started hearing petitions from LGBTQ+ petitioners seeking marriage equality. While marriage equality for LGBTQ+ persons is a controversial issue in India, it is essential to understand that denying them the right to marry excludes them from participating fully in family and community life, including gaining recognition and respect.

    LGBTQ+

    LGBTQIA+ community

    • Sexual orientations or gender identities: LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym. It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
    • Equal rights and acceptance: The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection

    What is mean by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Same-sex marriage in India

    • Decriminalized homosexuality: Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • Same sex marriage is not yet legal: However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships. Same-sex marriage is currently not legally recognized in India.

    LGBTQ+

    What are the implications of not recognizing Same sex marriage legally?

    • Infringement on individual freedoms: Denying same-sex couples the right to marry can be seen as an infringement on individual freedoms and a violation of human rights. It can limit the ability of individuals to express their identities and form meaningful relationships.
    • Exclusion from family and community life: Marriage is a fundamental institution in Indian society, and remaining unmarried is looked down upon by the entire family. However, excluding LGBTQ+ persons from marriage denies them full benefits of participating in family and community life, including acceptance in society.
    • Social stigma: The lack of legal recognition for same-sex marriage can contribute to negative attitudes towards LGBTQ+ individuals and relationships. This can perpetuate social stigma and discrimination.
    • Discrimination: Despite same-sex attraction being a natural part of human society, some people of the same sex fall in love with each other and want to get married. Marriage benefits a couple in tangible and intangible ways, including essential protections, such as the ability to own and share financial assets, joint ownership of property, and access to health and life insurance. Denying these rights to LGBTQ+ persons is discriminatory.

    LGBTQ+

    Arguments against recognizing same sex marriage legally in India

    • Marriage is a union between a man and a woman: Many people believe that marriage is meant to be a union between a man and a woman, and that allowing same-sex couples to marry goes against traditional values.
    • It is against Indian culture: Many opponents of same-sex marriage argue that it goes against Indian culture and Hindu values, and that such unions are not recognized in traditional Indian society.
    • It could lead to social instability: Some people believe that allowing same-sex marriage could lead to social instability and moral decay, and that it would have a negative impact on family and societal values.
    • It is against the law: While homosexuality is no longer a criminal offence in India, same-sex marriage is not recognized under Indian law. Opponents argue that allowing same-sex marriage would be against the law and would undermine the institution of marriage.
    • It could have negative impact on children: Some people argue that children raised by same-sex couples could face social stigma and could be negatively impacted psychologically. They believe that children should have both a mother and a father.

    Other developments and challenges

    • Many corporations have applied core HR principles of fairness, equality, and non-discrimination to their LGBTQ+ employees and have re-written their equal opportunity and anti-discrimination policies to protect them from discrimination, bullying, and harassment.
    • However, inclusive policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses. Being allowed to marry will help to gain the acceptance that LGBTQ+ citizens are seeking in society.

    Way ahead with a balanced approach

    • Increase awareness and education: It is essential to increase awareness and education among the general public regarding the LGBTQ+ community and the importance of equal rights for all individuals.
    • Dialogue and debate: There need to be an open and respectful dialogue and debate between people who support same-sex marriage and those who oppose it. This will help to address concerns and misunderstandings and lead to a greater understanding and acceptance of the LGBTQ+ community. A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
    • Legal reforms: The Indian government should consider legal reforms to ensure that the LGBTQ+ community has equal rights and protections under the law. This includes legal recognition of same-sex marriage and the extension of benefits and protections to same-sex couples, such as inheritance rights and access to healthcare.
    • Inclusive workplace policies: Corporations and employers can play a significant role in promoting inclusivity and diversity by implementing policies that explicitly protect LGBTQ+ employees from discrimination, bullying, and harassment.
    • Sensitization of government officials: Sensitization programs should be conducted to sensitize government officials to the needs and rights of the LGBTQ+ community. This will help to ensure that government policies are more inclusive and considerate of the needs of all citizens.
    • Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
    • Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.

    Conclusion

    • Inclusive policies have resulted in more loyalty and engagement from employees, and it is now time to extend this sense of belonging to the LGBTQ+ community in India. The LGBTQ+ individuals deserve the right to participate in one of society’s major institutions and to be treated equally under the law. Allowing same-sex marriage would enable LGBTQ+ individuals to feel a sense of belonging and gain the acceptance they are seeking in society.

    Mains Question

    Q. Issues over the Same sex marriage has been one of the hot topics for some time now. Analyze the issue recognizing same sex marriage legally in India and suggest a balanced way ahead.

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  • Governor’s Constitutional Limits: A Resolution to President

    Central Idea

    • The Tamil Nadu Governor’s recent statement implying that he would not give assent to a Bill passed by the legislature if it transgresses constitutional limits has resulted in the Tamil Nadu Assembly passing a resolution requesting the President of India to issue directions to the Governor to function within constitutional limits.

    Who is Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including the National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    New Constitutional Development

    • Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development.

    What are the relevant articles?

    • Article 355: Article 355 of the Constitution states that it is the duty of the Union to ensure that every State’s government is carried out according to the Constitution.
    • R. Ambedkar on Article 355: While the general meaning and purpose of Article 355 was explained by B.R. Ambedkar in the Constituent Assembly, the Constitution’s concepts and doctrines have been interpreted and reinterpreted to meet society’s changing needs
    • Article 200: Although Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature, withholding assent is not an option given by the Constitution.

    Governor’s Discretionary Powers and the confusion of Withholding assent

    • Options to the Governor: Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature.
    • These options are:
    1. To give assent;
    2. To withhold assent;
    3. To send it back to the Assembly to reconsider it; or
    4. To send the Bill to the President for his consideration.
    • Idea of the Third option: In case the Assembly reconsiders the Bill as per the request of the Governor under the third option, he has to give assent even if the Assembly passes it again without accepting any of the suggestions of the Governor.
    • One of the options is required to be exercised:  It is only logical to think that when the Constitution gives certain options to the Governor, he is required to exercise one of them.
    • Sitting on the bill goes against the constitutional direction: Since sitting on a Bill passed by the Assembly is not an option given by the Constitution, the Governor, by doing so, is only acting against constitutional direction. A judicial pronouncement on this matter is needed to eliminate the confusion.

    The issue of justiciability

    Whether the process of assent by the Governor is subject to judicial review?

    • Not justiciable: According to D.D. Basu, quoting judgments of the Supreme Court, it is not justiciable.
    • For instance, Purushothaman Namboothiri vs State of Kerala (1962): In this case the court held that a Bill which is pending with the Governor does not lapse on the dissolution of the Assembly, but this judgment did not deal with the justiciability of the process of assent.
    • Hoechst Pharmaceuticals Ltd. And vs State Of Bihar And Others (1983): In this case the court dealt with the power of the Governor to reserve a Bill for the consideration of the President, and held that the court cannot go into the question of whether it was necessary for the Governor to reserve the Bill for the consideration of the President.
    • Government can challenge the inaction of the Governor in a court of law: The issue that is agitating State governments is the non-decision/indecision on the part of the Governor on a Bill passed by the Assembly. Therefore, the government can challenge the inaction of the Governor in a court of law, and the answer seems to be in the affirmative.

    Way ahead

    • Ensuring constitutional principles are upheld: The state governments and the Governor’s office should work together to establish a mutual understanding of the constitutional provisions and procedures for assent to a bill, with a focus on expediting the process while ensuring constitutional principles are upheld.
    • Avoiding confrontation and legal battles: In case of disagreements between the state government and the Governor, the matter should be resolved through dialogue and mutual agreement, rather than resorting to confrontation and legal battles.
    • Clarity on the issues of justifiability: The Supreme Court could provide clarity on the issue of justiciability of the Governor’s role in assent to a bill, while keeping in mind the constitutional provisions and the principles of federalism.
    • Judicious use of discretionary powers: The Governor should exercise his discretionary powers judiciously and in line with constitutional provisions, without delaying or withholding assent to a bill without any valid reason.
    • Transparent and consultative mechanism: The state government should ensure that bills are passed in a transparent and consultative manner, and the Governor should give due consideration to the views and opinions of all stakeholders before exercising his discretion.
    • Promoting cooperative federalism: There should be a greater emphasis on promoting cooperative federalism, where the Centre, states, and governors work together in a spirit of collaboration and cooperation, while ensuring the protection of the Constitution and the rights of all citizens.

    Conclusion

    • The framers of the Constitution would never have imagined that Governors would sit on Bills indefinitely without exercising any of the options given in Article 200. This is a new development which needs new solutions within the framework of the Constitution. So, it falls to the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.

    Mains question

    1. Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development. In the light of the statement discuss the constitutionality of role of Governor in withholding assent to a bill passed by a state legislature. Suggest a way for this legal battle.

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  • Overuse of Urea in India and its Implications

    urea

    Central idea

    • Rising urea consumption: The use of urea has continued to increase, leading to a decline in crop yield response to fertiliser use, and an imbalance in the nutrient application.
    • Unbalanced fertilization: The nutrient-based subsidy regime is a failure in promoting balanced fertilization.
    • Several measures failed: The measures introduced by the Indian government to reduce urea consumption, such as neem-coating, smaller bags, and Nano Urea, have not been successful.

    Do You Know?

    The ideal NPK use ratio for the country is 4:2:1, whereas it was 6.5:2.8:1 in 2020-21 and 7.7:3.1:1 in 2021-22. In the recent 2022 kharif season, the ratio got further distorted to 12.8:5.1:1.

    What is Urea?

    • Urea is a commonly used nitrogen-containing fertiliser that provides crops with the necessary nutrients for growth and development.
    • It is a white, crystalline solid that is soluble in water and has a high nitrogen content, with around 46% nitrogen by weight.
    • Urea is made from ammonia and carbon dioxide and is used extensively in agriculture due to its high nitrogen content and affordability.
    • It is a major source of nitrogen for crops, and when applied in the right amounts, it can improve crop yields and increase overall agricultural productivity.

    Urea usage in India

    urea

    Policy moves related to Urea

    The introduction of these measures was aimed at reducing urea consumption in the country.

    • Neem-coated urea: In May 2015, the Indian government mandated the neem-coating of all urea manufactured in the country as well as imported urea to illegal diversion for non-agricultural use.
    • Reduced size: Later, in March 2018, the government replaced 50-kg urea bags with 45-kg bags.
    • Liquid Nano Urea: Recently, in June 2021, the Indian Farmers’ Fertiliser Cooperative (IFFCO) launched a liquid fertiliser called ‘Nano Urea’.

    Ineffectiveness of the above measures

    • Despite the introduction of these measures, urea consumption in the country has not decreased.
    • In fact, sales of urea crossed a record 35.7 million tonnes (mt) in the fiscal year ended March 31, 2023.
    • Although consumption dipped in the initial two years after neem-coating was fully enforced, it reversed from 2018-19.

    Failure of the nutrient-based subsidy (NBS) regime

    • The government introduced the nutrient-based subsidy (NBS) regime in April 2010.
    • The regime fixed a per-kg subsidy for each fertiliser nutrient – nitrogen (N), phosphorus (P), potash (K), and sulphur (S).
    • The aim was to promote balanced fertilisation and discourage farmers from applying too much urea, di-ammonium phosphate (DAP) and muriate of potash (MOP).
    • However, the data shows that nutrient imbalance has worsened, with urea consumption rising by over a third since 2009-10.
    • Nitrogen use efficiency (NUE) has declined from 48.2% in 1962-63 to 34.7% in 2018.

    Cost of overdose fertilization

    • Fertilisers are essential for plant growth and grain yield, but the overuse of urea and other fertilisers has led to an imbalance in nutrient application.
    • Crop yield response to fertiliser use has decreased, with the disproportionate application of nitrogen by farmers being a key reason.
    • Recent research has shown that nitrogen use efficiency has declined in India, making it necessary to promote the use of other fertilisers containing different nutrients.

    Way forward

    To address the issue of rising urea consumption, two approaches can be adopted.

    • Disincentivise: The first is to raise prices, but this is not politically feasible.
    • Improve nitrogen use efficiency (NUE): One way to achieve this is to make the incorporation of urease and nitrification inhibitors compulsory in urea.

    Some other potential solutions include:

    • Promoting the use of organic fertilisers: Such as compost and manure, can improve soil health and reduce the need for synthetic fertilisers. This can also reduce the risk of environmental pollution and improve the sustainability of agriculture.
    • Encouraging precision agriculture: Such as soil testing, can help farmers apply fertilisers in the right amounts and at the right time, reducing wastage and increasing nutrient use efficiency.
    • Promoting crop rotation and intercropping: Planting different crops in rotation or together can help maintain soil fertility and reduce the need for synthetic fertilisers.
    • Increasing public awareness and education: Educating farmers and the public on the importance of sustainable fertiliser use and the potential risks of overusing synthetic fertilisers can help promote more sustainable agricultural practices.

     

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