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.
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.
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
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-
Anti-cyclonic circulation (dry air that is the opposite of a cyclone)
Absence of rain in the past five days and
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:
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?
Everyunusual 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.
The life of a UPSC aspirant is challenging and demanding. Add to that the pressure from family, job, life, college, etc. it can get pretty overwhelming. In the part conversation with aspirants and even our mentorship students, these issues have been highlighted. But you must understand that every single aspirant even toppers feel or used to feel stressed and overwhelmed by expectations, responsibilities, lack of time, etc.
At times this feeling is for a short burst of time but when you can’t shake that perpetual state of overwhelm, it can lead to chronic stress, anxiety, guilt, failure, inefficiency in preparation, wastage of attempts, and a host of associated physical and emotional symptoms that can seriously affect your well-being.
You need to deal with this feeling. But before that understanding the root cause behind your stress is important.
Work-UPSC Preparation: Working aspirants at times have too much to do, they are engaged in stressful, demanding jobs. End up routinely working evenings and weekends leaving no or very less time for preparation. Results in mismanaged or poor UPSC preparation.
Life-UPSC Preparation: Aspirants have a life, family, and friends and there might be life changes such as moving house, starting a new job, relationships/marriage, or taking care of family/baby. It has a direct impact on UPSC prep.
Traumatic experience. Such as bereavement, relationship breakup, illness, etc.
No prior experience in UPSC preparation or no one to guide leads to a perpetual feeling of getting lost in the vast syllabus and complex preparation cycle.
Perfectionism. If everything always has to be perfect, you’re giving yourself a greater burden. Sometimes just getting through the day is a win. You don’t have to do it all perfectly too – you’re only human!
Pushing yourself too hard all in the wrong direction where results are not visible, and you don’t seem to be moving forward in your UPSC preparation.
We must understand that there are reasons that we can’t control but pinpointing the exact source of overwhelm is necessary which might not be possible on your own.
Below is the 7-step strategy to gain control of your UPSC Preparation.
1. Pinpoint the primary source of overwhelm.
It will tell you what you can control and what you can’t.
This is the first step. Ask yourself important questions like: “What one or two things, if taken off my plate would alleviate 80% of the stress that I feel right now?” It will at least give a sense of awareness as to what is causing you stress. Then only we can move towards solving the issue. At times finding the root cause on your own is difficult. You can reach out to senior UPSC mentors from CivilsDaily and have an open heart 1-1 FREE discussion.
Let us get our hands dirty. Start by writing down everything on your mind about your UPSC preparation status, mock tests and marks you have scored, tasks, and things you have to do including non-UPSC prep stuff. Next, check everything under your control and capture any to-dos, appointments, etc. on one hand and your status of UPSC preparation, on the other.
To avoid procrastination and wasting time you need to connect with your purpose. Make the link between your tasks and your bigger mission.
What’s your purpose in life? Who do you want to be?
Clarifying this will destroy the urge to procrastinate
You know your purpose, now identify the targets to get you there.
3. Set targets
Our mentorship students have their more than a year-long preparation broken down into small, measurable, and manageable chunks through Weekly and Monthly targets. You need to do the same. Break down those goals into smaller manageable targets or tasks. When a task is too big, you won’t know how to start. Break out the smallest next step.
Eg. You are yet to cover Laxmikant for Polity. Don’t aim for the full book. Set a target for just two chapters for the next three days.
Recheck your list, do all the to-dos you captured align with your goals and mission?
4. Prioritize ruthlessly: your tasks according to their importance and urgency
Not all the tasks you have listed and targeted will be UPSC preparation related. Even the targets under UPSC preparation might look equally important and urgent.
“Should I start with Ethics or Optional? Should I make notes now or write answers from current affairs?” Almost all of them look important.
Well, don’t get confused. If you are planning for UPSC 2023 this priority list will be different compared to the one planning for UPSC 2024.
For non-UPSC tasks basic rule is Time-sensitive items first. Next, rank for impact and value.
5. Plan out: make a timetable and a strategy
Talking about UPSC specifically your strategy should be unique to you. No two aspirants have the same set of problems, challenges, or learning styles. Your strategy or timetable will work for you as some past rankers’ timetables or strategies worked for them.
Moreover, this is something that requires expertise and skill. Don’t feel shy to ask for help in this. If you don’t have anyone to help you in this, let us get it done for you.
Spending time with your family and friends nourishes you. Keeping fit ensures you can enjoy life. Don’t neglect it.
6. Execute
Execution is far better and more effective when it is under the supervision of a mentor. Under an accountability system.
The hardest part of tackling overwhelm is to make time to organize yourself. So make it easy for yourself, follow the steps above, and create clarity for yourself. Connect your actions with your purpose and go execute.
Your execution will be far more effective and on track, if there is some supervising figure, a mentor, teacher keeping a check on the targets achieved, tasks completed, etc.
7. Analyze and evaluate your progress. Make necessary course corrections on a regular basis.
Situational awareness is a must when you want to achieve something big. It is very easy to get lost in execution. At regular intervals, you need to evaluate your progress. For UPSC aspirants it might take the form of prelims mocks tests, mains tests, essay writing, or maybe discussions.
Marks scored will give you an indication on your preparation level. Because self-evaluation is mostly ineffective it is advised to get someone experienced to help you. A mentor or UPSC ranker can easily evaluate your UPSC prep status, highlight the mistakes and suggest remedies.
Stressing and feeling guilty about past UPSC attempts or wasted preparation time is of no use. What matters is how well you can learn from the past, analyze and make changes in the present to make the future better.
How does Samanvaya Mentorship work? Introducing 3 layers of mentorship: Get IAS or UPSC ranker as your mentor
1. 1st step starts with this Samanvayacall: Once you fill in the form, we get on a 30-40 minute call with you to understand your prep level, working/ study constraints, and current strategies and create a step-by-step plan for the next week, next month and so on.
2. You are directed and given access to relevant resources and invite-only platform, Habitat where you can ask your daily doubts, discuss your test-prep questions and have real-time, live sessions on news and op-eds, and find your optional groups.
Daily target monitoring.
3. The third and the most personalized tier is the 1 on 1 mentor allotment who stays with you through the course of your UPSC preparation – always-on chat and on scheduled calls to help you assess, evaluate, and chart the next milestone of your IAS 2023-23 journey.
We will also connect you to a UPSC ranker or IAS, who will mentor you in this journey.
Layer 1: You will be assigned a dedicated in-house mentor who will keep track of our progress from start till your final interview.
Layer 2: Sajal Singh sir and the team will be constantly with you through various programs like Samachar Manthan, Prelims, Essay, etc.
Layer 3: A UPSC IAS ranker (one who has cleared this exam) will be supervising your progress as your super mentor.
Who are you?
Working Junta? If you are preparing for IAS 2023-24 and working simultaneously, we can help you design a timetable that fits right in your hectic schedule.
First-time prep? If you are in the last year of college or thinking of dropping a year and preparing for IAS 2023-24 full-time, we can help you pick the right books and craft a practical & personal strategy.
GS-1 History of the world will include events from 18th century such as industrial revolution, world wars, redrawal of national boundaries, colonization, decolonization, political philosophies like communism, capitalism, socialism etc.— their forms and effect on the society.
GS-2 Important aspects of governance, transparency and accountability, Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
GS-3 Public Distribution System- objectives, functioning, limitations, revamping
GS-4 Attitude: content, structure, function; its influence and relation with thought and behaviour; moral and political attitudes; social influence and persuasion.
HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?
Daily 4 questions from General studies 1, 2, 3, and 4 will be provided to you.
A Mentor’s Comment will be available for all answers. This can be used as a guidance tool but we encourage you to write original answers.
You can write your answer on an A4 sheet and scan/click pictures of the same.
Upload the scanned answer in the comment section of the same question.
Along with the scanned answer, please share your Razor payment ID, so that paid members are given priority.
If you upload the answer on the same day like the answer of 11th February is uploaded on 11th February then your answer will be checked within 72 hours. Also, reviews will be in the order of submission- First come first serve basis
If you are writing answers late, for example, 11th February is uploaded on 13th February , then these answers will be evaluated as per the mentor’s schedule.
We encourage you to write answers on the same day. However, if you are uploading an answer late then tag the mentor like @Staff so that the mentor is notified about your answer.
*In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*.
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.
Is 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
Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.
Examples 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.
What 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 socialjustice: 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.
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.
E-services: connecting individual citizens with their government
E-society: building interactions with and within civil society.
Is 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.
Why 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.
What 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.
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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