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  • Electoral Reforms In India

    Donations to recognised Political Parties come under EC lens

    | Polity | Mains Paper 2: Representation Of People’s Act

    The Election Commission’s ongoing drive to clean up the electoral space has now gone beyond RUPPs (registered unrecognised political parties) to cover recognised national and State parties.

    What is Political Funding?

    • Political Funding implies the methods that political parties use to raise funds to finance their campaign and routine activities.
    • A political party needs money to pitch itself, its objectives, and its intended actions to get votes for itself. (Reference)

    Why need political funding?

    • Across the world, political parties need access to money in order to reach out to the electorate, explain their policies and receive inputs from people.
    • And in order to do the same, parties resort to political party funding.

    Generally who makes these funding?

    • Individuals: One of the primary sources of this funding is voluntary contributions made by individuals.
    • Corporates: Besides this, corporates pay hefty donations to parties in different forms.
    • Foreign aid: This is yet another source but highly controversial.

    Statutory Provisions

    • Section 29B of the Representation of the People Act (RPA) entitles parties to accept voluntary contributions by any person or company, except a Government Company.
    • Section 29C of the RPA mandates political parties to declare donations that exceed 20,000 rupees. Such a declaration is made by making a report and submitting the same to the EC. Failure to do so on time disentitles a party from tax relief under the Income Tax Act, 1961.

    Methods used by Indian Political Parties

    1. Individual Persons: Section 29B of RPA allows political parties to receive donations from individual persons.

     

    1. State/Public Funding: Here, the government provides funds to parties for election related purposes. State Funding is of two types:
    • Direct Funding: The government provides funds directly to the political parties. Direct funding by tax is prohibited in India.
    • Indirect Funding: It includes other methods except direct funding, like free access to media, free access to public places for rallies, free or subsidized transport facilities. It is allowed in India in a regulated manner.

     

    1. Corporate Funding: In India, donations by corporate bodies are governed under the Companies Act, 2013. Section 182 of the Act provides that:
    • A company needs to be at least three years old to be able to donate to a political party.
    • Companies can donate up to 7.5% of average net profits made during three simultaneous preceding financial years. (Now removed after Finance Act, 2017)
    • Such contributions must be disclosed in the company’s profit and loss account. (Removed)

     

    1. Electoral Trusts: A non-profit company created in India for orderly receipt of voluntary contributions from any person like an individual or a domestic company.
    • According to the Election Commission Guidelines, all electoral trusts formed after January 2013 are required to declare details of the money received and disbursed.
    • The Central Government rules mandate these firms to donate 95% of their total income to registered political parties in a financial year.

    Issues with Political Funding

    • Money laundering: One of the biggest disadvantages of the corporate funding is the use of fake companies to route black money.
    • Influence of contributor: Influence of people and companies over political parties to which they provide funds.
    • Election malpractices: There are various gaps in Indian rules, the benefit of which political parties take to avoid any kind of reporting.
    • Money politics: Hidden sources of funding lead to more spending of funds in election campaigns, thus impacting the economy of the country.

    Recent steps taken

    • FCRA Reforms: In March, 2018, the government passed a key amendment to the Foreign Contribution Regulation Act, 2010 allowing foreign companies to fund political parties in India.
    • Electoral Bonds Schemes: The government notified the Electoral Bond Scheme on 2nd January, 2018 to establish and cleanse the system of political funding in the country.

    What is Electoral Bond Scheme?

    • An electoral bond is a bearer instrument like a Promissory Note.
    • It can be purchased by any citizen of India or a body incorporated in India to donate to the political party of their choice.
    • Donor’s name is not there on the bond.
    • These bonds can be used for making donations to the political parties registered under Section 29A of the RP Act, 1951.
    • The party should have secured not less than one per cent of the votes polled in the last general election to the Lok Sabha or a Legislative Assembly.

    Issues with the scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.

    Way forward

    Former Chief Election Commissioner SY Quraishi has suggested an alternative worth exploring:

    • A National Electoral Fund to which all donors can contribute.
    • The funds would be allocated to political parties in proportion to the votes they get.
    • Not only would this protect the identity of donors, it would also weed out black money from political funding.
    • There can be a tax benefit for those who donate to the fund.

     

    Try this question from our AWE Initiative

    Q.2) Examine the issues with political funding in India. How far has the introduction of electoral bonds succeeded in dealing with the issues with political funding? (10 marks)

     

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  • Insolvency and Bankruptcy Code

    Pre-Pack IBC resolution

    | Economics | Mains Paper 3: Indian Economy

    pre-pack

    India introduced the pre-packaged insolvency resolution process (PPIRP) in April 2021, as an alternative resolution process for micro, small and medium enterprises (MSMEs). However, it has only two cases admitted under it so far.

    What is the Insolvency and Bankruptcy Code (IBC)?

    • The IBC was enacted in 2016 to simplify insolvency and bankruptcy proceedings, safeguard interests of all stakeholders (the firm, employees, debtors and especially creditors), and resolve non-performing assets.
    • From a ‘debtor in possession’ regime, it was a shift to a ‘creditor in control’ one.
    • IBC provides for a time-bound process for resolving insolvencies.
    • The Insolvency and Bankruptcy Board of India (IBBI) is the regulator implementing the code and overseeing the functioning of stakeholders.
    • The IBBI last week allowed payment of performance-linked incentives to resolution professionals.

    What are Pre-packs?

    • A pre-pack is the resolution of the debt of a distressed company through an agreement between secured creditors and investors instead of a public bidding process.
    • This system of insolvency proceedings has become an increasingly popular mechanism for insolvency resolution in the UK and Europe over the past decade.
    • Under the pre-pack system, financial creditors will agree to terms with a potential investor and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
    • The approval of a minimum of 66 percent of financial creditors that are unrelated to the corporate debtor would be required before a resolution plan is submitted to the NCLT.
    • Further NCLTs are also required to either accept or reject any application for a pre-pack insolvency proceeding before considering a petition for a corporate insolvency resolution process (CIRP).

    How does it work?

    • Unlike the CIRP, an informal understanding is reached with creditors before the application is filed.
    • PPIRP begins only after 66% of financial creditors approve the proposal and the name of resolution professional.
    • Debt resolution agreement between financial creditor and a potential investor is arrived at in consultation with the corporate debtor for which subsequent approval of the resolution plan is sought from the NCLT.

    What were the objectives behind introducing PPIRP?

    • MSMEs greatly contribute to the economy, and employ a wide section of the population.
    • The pandemic severely impacted their operations.
    • This alternative insolvency resolution process was designed to ensure quicker, cost-effective and value-maximizing outcomes for all.

    What is the progress in PPIRP so far?

    • Only two insolvency cases have been initiated under PPIRP since it was introduced.
    • The poor response has been attributed to the hesitancy on the part of financial institutions.
    • In the case of CIRP, the haircut involved is a last resort, against a voluntary one in case of PPIRP.
    • Data shows that between December 2016 and June 2022, a total of 5,636 CIRPs commenced, of which 3,637 have been closed.

    Does PPIRP defeat the purpose of IBC?

    • The IBC’s objective is to facilitate exit from failed units so that capital can be reallocated to better ones.
    • However, banks are not comfortable initiating PPIRP due to voluntary haircuts.
    • There is a fear that such a decision might be scrutinized later.
    • This means capital will remain locked up in failed units, defeating the purpose of IBC.
    • Voluntary haircuts mean fewer resources from the winding-up process and greater scope for corrupt practices.

     

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  • Animal Husbandry, Dairy & Fisheries Sector – Pashudhan Sanjivani, E- Pashudhan Haat, etc

    Explained: Lumpy Skin Disease in India

    Prelims Only | Science Tech | Mains Paper 3: Economics Of Animal-Rearing

    lumpy

    The Mumbai Police have ordered the prohibition of cattle transportation in the city to prevent the spread of the lumpy skin disease (LSD).

    What is the Lumpy Skin Disease?

    • Lumpy skin disease is caused by the lumpy skin disease virus (LSDV), which belongs to the genus capripoxvirus, a part of the poxviridae family.
    • Smallpox and monkeypox viruses are also a part of the same family.
    • The LSDV shares antigenic similarities with the sheeppox virus (SPPV) and the goatpox virus (GTPV) or is similar in the immune response to those viruses.

    How does it spread?

    • It is not a zoonotic virus, meaning the disease cannot spread to humans.
    • It is a contagious vector-borne disease spread by vectors like mosquitoes, some biting flies, and ticks and usually affects host animals like cows and water buffaloes.
    • Infected animals shed the virus through oral and nasal secretions which may contaminate common feeding and water troughs.
    • Thus, the disease can either spread through direct contact with the vectors or through contaminated fodder and water.
    • Studies have also shown that it can spread through animal semen during artificial insemination.

    How does it affect the animal?

    • LSD affects the lymph nodes of the infected animal, causing the nodes to enlarge and appear like lumps on the skin, which is where it derives its name from.
    • The cutaneous nodules, 2–5 cm in diameter, appear on the infected cattle’s head, neck, limbs, udder, genitalia, and perineum.
    • The nodules may later turn into ulcers and eventually develop scabs over the skin.
    • The other symptoms include high fever, sharp drop in milk yield, discharge from the eyes and nose, salivation, loss of appetite, depression, damaged hides, wasting of animals, infertility and abortions.

    Do it kills the animal?

    • The incubation period or the time between infection and symptoms is about 28 days according to the FAO, and 4 to 14 days according to some other estimates.
    • The morbidity of the disease varies between two to 45% and mortality or rate of date is less than 10%.
    • However, the reported mortality of the current outbreak in India is up to 15%, particularly in cases being reported in the western part (Rajasthan) of the country.

    What is the geographical distribution and how did it spread to India?

    • The disease was first observed in Zambia in 1929.
    • Subsequently it got spread to most African countries, followed by West Asia, Southeastern Europe, and Central Asia, and more recently spreading to South Asia and China in 2019.
    • As per the FAO, the LSD disease is currently endemic in several countries across Africa, parts of the West Asia (Iraq, Saudi Arabia, Syrian Arab Republic), and Turkey.

    Lumpy in India

    • The spread in South Asia first affected Bangladesh in July 2019 and then reached India in August that year, with initial cases being detected in Odisha and West Bengal.
    • The long porous borders between India, Nepal and Bangladesh allow for a significant amount of bilateral and informal animal trade, including cattle and buffaloes.
    • This may have contributed to the spread of LSD in July-August 2019 between Bangladesh and India.
    • While the 2019 outbreak later subsided, the recent spread in India began in June this year.

    Is it safe to consume the milk of affected cattle?

    • Studies say that it has not been possible to ascertain the presence of viable and infectious LSDV virus in milk derived from the infected animal.
    • However, that a large portion of the milk in Asia is processed after collection and is either pasteurised or boiled or dried in order to make milk powder.
    • This process ensures that the virus is inactivated or destroyed.

    Economic implications of Lumpy on Dairy Sector

    • Milk reduction: Lumpy leads to reduced milk production as the animal becomes weak and also loses appetite due to mouth ulceration.
    • Animal wasting: The income losses can also be due to poor growth, reduced draught power capacity and reproductive problems associated with abortions, infertility and lack of semen for artificial insemination.
    • Impact of trade ban: Movement and trade bans after infection also put an economic strain on the whole value chain.

    Why India is at higher risk?

    • India is the world’s largest milk producer at about 210 million tonnes annually.
    • India also has the largest headcount of bovines
    • In Rajasthan, which is witnessing the worst impact of LSD, it has led to reduced milk production, which lessened by about three to six lakh litres a day.
    • Reports indicate that milk production has also gone down in Punjab owing to the spread of the disease.
    • According to FAO, the disease threatens the livelihoods of smaller poultry farmers significantly.
    • Notably, farmers in Uttar Pradesh and Punjab have incurred losses due to cattle deaths and are seeking compensation from their State governments.

    How bad is the current spread in India?

    • Lumpy has infected over 16 lakh cattle in 197 districts as of September 11.
    • Of the nearly 75,000 cattle that the disease has killed, more than 50,000 deaths, mostly cows, have been reported from Rajasthan.

    Remedies available in India

    • The Union Ministry of Fisheries, Animal Husbandry and Dairying informed that the ‘Goat Pox Vaccine’ is very effective against LSD.
    • It is being used across affected States to contain the spread.

    Way forward

    The FAO has suggested a set of spread-control measures for LSD, which involves:

    • Vaccination of susceptible populations with more than 80% coverage
    • Movement control of bovine animals and quarantining
    • Implementing biosecurity through vector control by sanitising sheds and spraying insecticides
    • Strengthening active and passive surveillance
    • Spreading awareness on risk mitigation among all stakeholders involved, and
    • Creating large protection and surveillance zones and vaccination zones

     

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  • Monsoon Updates

    Southwest Monsoon begins early Withdrawal/Retreat

    Prelims Only | Enviro & Biodiversity | Mains Paper 1: Geographical Features & Their Location

    The southwest monsoon rainfall, 7% more than normal, has started to withdraw.

    What is Monsoon Withdrawal/Retreat?

    • In India, retreating monsoon is the withdrawal of south-west monsoon winds from North India.
    • The withdrawal is gradual and takes about three months.
    • With the retreat of the monsoons, the clouds disappear and the sky becomes clear. The day temperature starts falling steeply.
    • Monsoon rains weaken all over India except few southeastern states.
    • It is helpful in Rabi crop cultivation.

    Factors affecting the retreat

    Two predominant factors cause the phenomenon:

    (1) Land topography

    • First, the low mountain range in each region runs from north to south, shielding it from west-bound winds that trigger summer monsoon.
    • After summer, the range aids in the ‘orographic lift’ or rising of east-bound air mass from a lower to higher elevation, forming clouds and resulting in rain.

    (2) Atmospheric convection

    • The second factor is atmospheric convection or vertical movement of air.
    • As the earth is heated by the sun, different surfaces absorb different amounts of energy and convection may occur where the surface heats up very rapidly.
    • As the surface warms, it heats the overlying air, which gradually becomes less dense than the surrounding air and begins to rise.
    • This condition is more favorable from September to February because of the role played by sea surface temperature or water temperature.

    Immediate factors influencing withdrawal

    • The withdrawal of the monsoon is based on meteorological conditions such as-
    1. Anti-cyclonic circulation (dry air that is the opposite of a cyclone)
    2. Absence of rain in the past five days and
    3. Dry weather conditions over the region

    When does it occur?

    • The monsoon withdrawal is a long-drawn process and extends into mid-October, though the IMD considers September 30 to be the final day of the season over India.
    • The rain after that is categorised as “post-monsoon” rainfall.

    Try this PYQ:

    Q.The seasonal reversal of winds is the typical characteristic of:

    (a) Equatorial climate

    (b) Mediterranean climate

    (c) Monsoon climate

    (d) All of the above climates

     

    Post your answers here.

     

    Also read:

    Various terms related to Indian Monsoon

     

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  • Monsoon Updates

    What is a Triple-Dip La Nina?

    Prelims Only | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    nina

    Parts of the world are expected to experience severe weather for the rest of the year and into 2023, as part of a rare “triple dip La Nina” event, according to the World Meteorological Organization (WMO).

     What is the “Triple-Dip” La Nina?

    • A “triple-dip” La Nina is a multiyear cooling of the surface temperature of the equatorial Pacific Ocean, which can cause droughts, fierce winds and heavy rainfall.
    • According to WMO, the current La Nina is projected to span three consecutive northern hemisphere winters. It began in September 2020.
    • If it continues for the next six months, it will be the first “triple-dip” La Nina event of the 21st century, WMO says.

    How rare is this triple-dip?

    • It is exceptional to have three consecutive years with a la Nina event.
    • Its cooling influence is temporarily slowing the rise in global temperatures – but it will not halt or reverse the long-term warming trend.
    • La Nina’s are usually preceded by El Nino, a weather pattern that warms the surface of the eastern tropical Pacific Ocean.
    • However, an El Nino event did not occur before the current La Nina.

    Has it happened before? Will it happen again?

    • La Nina’s occurred several times between 1903 to 2010 and 2010 to 2012.
    • This would be the first “triple-dip” La Nina this century.
    • However, it is not unprecedented for the weather pattern to last more than nine months to a year, which is typical for a La Nina.

    Evaluating the likely impact

    • In the Indian context, La Nina is associated with good rainfall during the monsoon season.
    • This is the opposite of El Nino which is known to suppress monsoon rainfall.
    • Thus, a continued spell of La Nina could lead to expectation of another year of good, or normal, rainfall during the monsoon.
    • Until now, the monsoon season this year has produced 7% more rain compared to normal. Last year, the seasonal rainfall was almost 100%.
    • But, even though powerful, ENSO condition is only one of the several factors affecting monsoon rainfall in India.

    Impact on rainfall

    • There is no one-on-one correlation between the ENSO condition and the amount of rainfall.
    • Also, the influence of ENSO is at a macro level.
    • There are wide variations in rainfall at the local level, which are getting exacerbated by climate change.

    Differential impacts of this triple-dip event

    • The continuance of La Nina further into 2023 is not bad news from the Indian standpoint. But it is not the same for many other regions where La Nina has very different impacts.
    • In most parts of the United States, for example, La Nina is associated with very dry winters.
    • In Australia and Indonesia, and generally in the tropical region, La Nina is expected to bring more rainfall.
    • The excessive rainfall in Pakistan, which is experiencing its worst flooding disaster, can also be blamed in part on La Nina.
    • It said that the persistence of La Nina was most likely to result in a worsening of the drought in Africa.

    What is its climate change link?

    • Every unusual weather event these days is attributed to climate change, but science is not conclusive right now.
    • The occurrences of El Nino or La Nina are not very regular.
    • Sometimes they emerge every two years, at other times there has been a gap of even seven years.
    • Historical records do not go very far in the past.
    • As a result, the natural variability of ENSO is not understood very clearly.
    • And when the natural variability itself is not clear, the influence of global warming is difficult to quantify.
    • But there is clearer evidence of another kind of linkage with global warming.
    • During La Nina years, the colder surfaces allow the oceans to absorb more heat from the atmosphere.
    • Consequently, the air temperatures tend to go down, producing a cooling effect.

     

     

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  • Judicial Reforms

    The hijab case and the doctrine of essentiality

    op-ed snap | Polity | Mains Paper 2: Executive & Judiciary,Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    doctrine of essentialityContext

    • A two-judge Bench of the Supreme Court of India is presently hearing arguments on the correctness of a Karnataka High Court judgment that upheld the ban on the use of the hijab by students in Karnataka which raises question on doctrine of essentiality.

     What is ‘doctrine of essentiality’?

    • A seven-judge Bench of the Supreme Court invented the doctrine of “essentiality” in the Shirur Mutt case in 1954. The court held that the term “religion” will cover all rituals and practices “integral” to a religion.

    Importance doctrine of essentiality

    • In the legal framework, the doctrine of essentiality is a doctrine that has evolved to protect the religious practices that are essential or integral and does not violate any fundamental right. India being a secular country has discrete religious beliefs and to deny any is to violate the freedom of religion.

    Why hijab is not an essential practice?

    • Wearing of hijab (head scarf) by Muslim women does not form a part of essential religious practices in Islamic faith and it is not protected under the right to freedom of religion guaranteed under Article 25 of the Constitution of India, the High Court of Karnataka declared on March 15 2022.

    doctrine of essentialityIs hijab essential part of Islam?

    • The Qur’an instructs Muslim women and men to dress modestly, and for some, the hijab is worn by Muslim girls and women to maintain modesty and privacy from unrelated males. According to the Encyclopedia of Islam and Muslim World, modesty concerns both men’s and women’s “gaze, gait, garments, and genitalia”.

    How do you identify essential religion practice?

    • The Court observed that in order to determine whether or not a particular practice is an essential part of religion, the test must be whether the absence of the practice itself

    Meaning of Article 26

    • Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.

    doctrine of essentialityExamples of the essential religious practices test

    • While these issues are largely understood to be community-based, there are instances in which the court has applied the test to individual freedoms as well.
    • In a 2004 ruling, the Supreme Court held that the Ananda Marga sect had no fundamental right to perform the Tandava dance in public streets since it did not constitute an essential religious practice of the sect.
    • For example, in 2016, the Supreme Court upheld the discharge of an airman from the Indian Air Force for keeping a beard.
    • It distinguished the case of a Muslim airman from that of Sikhs who are allowed to keep a beard.
    • In 2015, the Supreme Court restored the Jain religious practice of Santhara/Sallekhana (a ritualistic fast unto death) by staying an order of the Rajasthan HC.

    doctrine of essentialityWhat is the Supreme Court’s judgement on Doctrine of Essentiality?

    • The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954.
    • It is a contentious doctrine evolved by the court to protect only such religious practices which were essential and integral to the religion.
    • The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.
    • Referring to the Ayodhya case, the Constitution Bench had ruled in 1994 that A mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) by Muslims can be offered anywhere, even in open.

    How has the doctrine been used in subsequent years?

    • The ‘essentiality doctrine’ of the Supreme Court has been criticised by several constitutional experts.
    • Scholars of constitutional law have argued that the essentiality/integrality doctrine has tended to lead the court into an area that is beyond its competence, and given judges the power to decide purely religious questions.
    • As a result, over the years, courts have been inconsistent on this question — in some cases they have relied on religious texts to determine essentiality.
    • In others it relied on the empirical behaviour of followers, and in yet others, based on whether the practice existed at the time the religion originated.

    Issues over the doctrine

    • In the beginning, the court engaged with the question of whether untouchability, manifested in restrictions on entry into temples, was an “essential part of the Hindu religion”.
    • After examining selected Hindu texts, it came to the conclusion that untouchability was not an essential Hindu practice.
    • The idea of providing constitutional protection only to those elements of religion which the court considers “essential” is problematic as it assumes that one element or practice of religion is independent of other elements or practices.
    • So, while the essentiality test privileges certain practices over others, it is, in fact, all practices taken together that constitute a religion.

    How does essentiality square up against religious freedom?

    • Freedom of religion was meant to guarantee freedom to practice one’s beliefs based on the concept of “inward association” of man with God.
    • The apex court in ‘Ratilal Panachand Gandhi vs The State of Bombay and Ors’ (March 18, 1954) acknowledged that “every person has a fundamental right to entertain such religious beliefs as may be approved by his judgment or conscience”.
    • The framers of the Constitution wanted to give this autonomy to each individual. Scholars have argued that the essentiality test impinges on this autonomy.
    • The apex court has itself emphasised autonomy and choice in its Privacy (2017), 377 (2018), and Adultery (2018) judgments.

    Its effect on society

    • Narrowing of safeguards to religious customs: It has allowed the Court to narrow the extent of safeguards available to religious customs by directly impinging on the autonomy of groups to decide for themselves what they deem valuable, violating, in the process, their right to ethical independence.
    • Negated legislation that might otherwise enhance the cause of social justice: It has also negated legislation that might otherwise enhance the cause of social justice by holding that such laws cannot under any circumstances encroach on matters integral to the practice of a religion. For example, in 1962, the Court struck down a Bombay law that prohibited excommunications made by the Dai of the Dawoodi Bohra community when it held that the power to excommunicate is an essential facet of faith and that any measure aimed at social welfare cannot reform a religion out of its existence.
    • A principle of anti-exclusion: Its application would require the Court to presume that a practice asserted by a religious group is, in fact, essential to the proponents of its faith. But regardless of such grounding, the Constitution will not offer protection to the practice if it excludes people on grounds of caste, gender, or other discriminatory criteria.

    Conclusion

    • For now, any Court hearing a matter touching upon a matter of faith has the unenviable task of acting not merely as an expert on law but also as an expert on religion.

    Mains question

    Q. Every person has a fundamental right to entertain such religious beliefs as may be approved by his judgment or conscience. Critically examine in context of doctrine of essentiality.

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  • Global digital governance

    op-ed snap | Governance | Mains Paper 2: E-Governance

    digital governanceContext

    • In an interview earlier this month, Telecom Minister Ashwini Vaishnaw spoke about a comprehensive policy roadmap for India’s digital economy and digital governance.

    What is digital governance ?

    • Electronic governance or e-governance can be defined as the usage of Information and Communication Technology (ICT) by the government to provide and facilitate government services, exchange of information, communication transactions and integration of various standalone systems and services.

    What is “global digital governance”?

    • Global digital governance encompasses the norms, institutions, and standards that shape the regulation around the development and use of these technologies. Digital governance has long-term commercial and political implications.

    Why is it important?

    • The main objective of e-governance is to provide a friendly, affordable, and efficient interface between a government and its people. It is about ensuring greater transparency, accountability and objectivity, resulting in cost-effective and high-quality public service.

    What are the three domains of e-governance?

    • E-administration: improving government processes
    • E-services: connecting individual citizens with their government
    • E-society: building interactions with and within civil society.

    digital governanceIs there a historical parallel to governing key economic sectors globally?

    • Digital economy is not unprecedented: Sectors critical to the global economy are subject to international cooperation frameworks and pacts. Therefore, the idea of setting up a single multilateral organization with a mandate to govern the digital economy is not unprecedented.
    • The International Commission for Air Navigation (ICAN): Global aviation has been regulated since 1903 when the International Commission for Air Navigation (ICAN) first met, subsequently replaced by the International Civil Aviation Organization (ICAO) in 1947.
    • Bank for International Settlements (BIS): Similarly, the modern international banking system is governed by the Bank for International Settlements (BIS), an institution initially set up in the interwar period in 1930 to oversee Germany’s reparations to the Allies under the Treaty of Versailles. The BIS acquired a more global mandate beginning in the 1950s and is now partially responsible for global financial stability.

    Who are the key players in the global contest for digital governance?

    • China seeks to champion the concept of cyber sovereignty: An authoritarian vision drives the first model. Most notably, China is emerging as the standard-bearer for this model with its desire to “reinvent the internet.” China seeks to champion the concept of “cyber sovereignty,” allowing countries to control access to the internet, censor content, and institute data localization requirements, as a pretext to protecting individual national interests.
    • European Union’s General Data Protection Regulation (GDPR): Which provides a more democratic concept for digital governance. This model primarily seeks to protect the privacy and rights of internet users and online content consumers. Adopted with the overwhelming support of the European Parliament in 2014, the GDPR came into effect in May 2018, giving firms that rely on digital technologies the opportunity to modify their data usage and privacy policies. The adoption of the GDPR has been a turning point for global internet governance as consumers gained unprecedented control over their data in a manner that preserved freedom and openness online.

    digital governanceWhy global digital governance is important?

    • Minimum rights and protections for platform workers: Under the G20, the International Labour Organisation has already placed a proposal in the employment working group for digital labour platforms to develop an international governance system determining minimum rights and protections for platform workers.
    • Implementation of central bank digital currency projects: Similarly, on digital money, a reincarnated Bretton Woods is being advocated to address the distrust in private currencies and to coordinate the implementation of central bank digital currency projects.
    • Digital taxation: Finally, in the deeply contested area of digital taxation, the OECD facilitated Base Erosion and Profit Shifting (BEPS) negotiations and helped arrive at a global solution.
    • Digital sovereignty: The internet is splintering and digital sovereignty is now commonplace; yet, there is no better time for countries to come together and build a framework for global digital governance.

    digital governanceWhat are the big 5 tech companies called?

    • The Big Five tech giants—Apple, Amazon, Google (Alphabet), Meta, and Microsoft.

    Conclusion

    • The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India and its youth.  It is now up to all of us to engage in a collective “sabka prayas” to realise New India’s economic potential.

    Mains question

    Q. The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India. Comment.

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  • Death Penalty Abolition Debate

    Death Penalty: SC moots fair hearing

    | Polity | Mains Paper 2: Executive & Judiciary

    death

    The Supreme Court has referred to a Constitution Bench the question of how to provide accused in death penalty cases a “meaningful, real and effective” hearing of their mitigating circumstances before a trial judge.

    Death Penalty: A backgrounder

    • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
    • It should be distinguished from extrajudicial executions carried out without due process of law.
    • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

    When is it awarded?

    • The term “Capital Punishment” stands for most severe form of punishment.
    • It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity.
    • While the definition and extent of such crimes vary, the implication of capital punishment has always been the death sentence.

    Special factors on the death penalty jurisprudence in India

    (a) Increase in Sexual Offences

    • The report on death penalty published by NLU Delhi shows that the rate of awarding capital punishment to the offences of rape with murder is much higher than other offences.
    • There is no doubt that rape is one of the most heinous crimes.

    (b) Sedition and waging War against India

    • India has seen many cases of treason, terrorism and seditious activities.
    • It is in fact the most vulnerable state for such crimes.

    Judicial observations related to Death Penalty

    The Supreme Court has always said that the death sentence should be given rarely.

    Judgments against:

    (a) Mithu vs State of Punjab (1983):

    • The Supreme Court ruled that the mandatory death penalty is unconstitutional.
    • It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case.
    • The Supreme Court ruled Section 303 violated Articles 14 (right to equality) and 21 (right to life) since an unreasonable distinction was sought to be made between two classes of murders.

    (b) State of Punjab vs Dalbir Singh (2012):

    • Similarly, the Supreme Court ruled that mandatory death penalty as punishment for crimes under Section 27 (3) of the Arms Act, 1959, was unconstitutional.

    (c) Channulal Verma vs State of Chhattisgarh (2018):

    • In Channulal, the Supreme Court, through Justice Kurian Joseph noted that the time was appropriate to review the constitutionality of the death penalty and take into consideration reformative aspects of punishment

    Judgments in favour:

    • In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
    • It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
    • This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

    Avenues available to a Death-Row Convict

    • Confirmation by HC: After a trial court awards the death penalty, the sentence must be confirmed by a High Court. The sentence cannot be executed till the time the High Court confirms it, either after deciding the appeal filed by the convict, or until the period allowed for preferring an appeal has expired.
    • Review Petition: If the High Court confirms the death penalty and it is also upheld by the Supreme Court, a convict can file a review petition.
    • Curative Petition: If the review petition is rejected, the convict can file a curative petition for reconsideration of the judgment.
    • Mercy Petition: Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites, or remissions of punishments or to suspend, remit or commute the sentence of any convicted person.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

    Further, the Commission sincerely hopes that the movement towards absolute abolition will be swift and irreversible

     

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    SC quota for Dalit Muslims and Christians

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

    The Centre is likely to soon decide on setting up a national commission to study the social, economic and educational status of Dalits who converted to religions other than Hinduism, Buddhism and Sikhism.

    What is the news?

    • Several petitions are pending before the Supreme Court seeking Scheduled Caste (SC) reservation benefits for Dalits who converted to Christianity or Islam.

    Dalit Convertees and Quota Benefits

    • The original rationale behind giving reservation to Scheduled Castes was that these sections had suffered from the social evil of untouchability, which was practised among Hindus.
    • Under Article 341 of the Constitution, the President may specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall…be deemed to be Scheduled Castes.
    • The first order under this provision was issued in 1950, and covered only Hindus.
    • Following demands from the Sikh community, an order was issued in 1956, including Sikhs of Dalit origin among the beneficiaries of the SC quota.
    • In 1990, the government acceded to a similar demand from Buddhists of Dalit origin, and the order was revised to state: “No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of Scheduled Caste.”

    Does this religion-based bar apply to converted STs and OBCs as well?

    • It does not.
    • The Department of Personnel and Training (DoPT) website states, “The rights of a person belonging to a Scheduled Tribe are independent of his/her religious faith.”
    • Following the implementation of the Mandal Commission report, several Christian and Muslim communities have found place in the Central and state lists of OBCs.

    What efforts have been made to include Muslims and Christians of Dalit origin among SCs?

    • After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose.
    • In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament.
    • Then government headed by PM Manmohan Singh set up two important panels:
    1. Ranganath Misra Commission: The National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004 and
    2. Sachar Committee: A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

    What did they recommend?

    • The Sachar Committee Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
    • The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be completely de-linked from religion and Scheduled Castes should be made fully religion-neutral like Scheduled Tribes.

    Reception to these recommendations

    • The report was tabled in Parliament in 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground.
    • Few studies, commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data.

    What lies ahead?

    • Based on the recommendations of the Ranganath Misra Commission, there are some petitions pending before the Supreme Court, seeking reservation benefits for Christians and Muslims of Dalit orgin.
    • In the last hearing, a three-judge Bench gave the Solicitor General of India three weeks’ time to present the stand of the Union government on the issue.
    • The next hearing is awaited.

     

     

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  • Foreign Policy Watch: United Nations

    What is the Plant Treaty?

    Prelims Only | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

     

    The ninth session of the governing body of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) has recently begun in New Delhi.

    Theme of this years event

    • The theme of the meeting is ‘Celebrating the Guardians of Crop Diversity: Towards an Inclusive Post-2020 Global Biodiversity Framework’.

    What is the Plant Treaty?

    • The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) was adopted by the Food and Agriculture Organization of the United Nations November 3, 2001.
    • It was signed in 2001 in Madrid, and entered into force on 29 June 2004.
    • It is the first legally-binding international instrument to formally acknowledge the enormous contribution of indigenous people and small-holder farmers as traditional custodians of the world’s food crops.
    • It also calls on nations to protect and promote their rights to save and use the seeds they have taken care of for millennia.
    • The parties to this treaty have come together after nearly three years to discuss governance of agricultural biodiversity and global food security.

    Objectives of the treaty

    The treaty aims at:

    1. Guaranteeing food security through the conservation
    2. Exchange and sustainable use of the world’s plant genetic resources for food and agriculture (PGRFA)
    3. Fair and equitable benefit sharing arising from its use, as well as
    4. Recognition of farmers’ rights.

    Key feature: Annex 1 Crops

    • The treaty has implemented a Multilateral System (MLS) of access and benefit sharing, among those countries that ratify the treaty, for a list of 64 of some of the most important food and forage crops essential for food security and interdependence.
    • The genera and species are listed in Annex 1 to the treaty. The treaty facilitates the continued open exchange of food crops and their genetic materials.
    • The list of plant genetic material included in the Multilateral System of the Treaty is made of major food crops and forages.
    • The Forages are also divided in legume forages and grass forages.
    • They were selected taking into account the criteria of food security and country interdependence

     

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