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  • CivilsDaily IAS Pune center inaugurated | Foundation batch starting from 16th August

    CivilsDaily IAS Pune center inaugurated | Foundation batch starting from 16th August

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    CD’s emergence as a UPSC/MPSC ecosystem in Pune has been spectacular where Sajal Sir, UPSC rankers from Maharastra & Marathi teachers have followed an integrated approach to provide a comprehensive and continuous impetus to the all-round preparation.

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    CivilsDaily Pune center inauguration was a big media event. Sajal sir addressing new channels

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    MPSC changes pattern: Aligned with UPSC, to be implemented from 2023

    Maharashtra PSC has recently released a notification citing changes in the pattern. Now the main examination will be subjective/descriptive in nature (essay type answers) instead of objective (MCQ type) questions. Also, an Ethics paper has also been introduced, modern history will also be included.

    From earlier 6 papers in MPSC Mains now we will have 9 papers, with total marks now standing at 1750 in Mains, closely resembling UPSC’s pattern.

    PapersSubjectsMarksNature of papers
    Paper 1Marathi300Descriptive (Qualifying)
    Paper 2English300Descriptive (Qualifying)
    Paper 3Essay (Marathi or English)250Descriptive
    Paper 4GS 1250Descriptive
    Paper 5GS 2250Descriptive
    Paper 6GS 3250Descriptive
    Paper 6GS 4250Descriptive
    Paper 8Optional Paper 1250Descriptive
    Paper 9Optional Paper 2250Descriptive
    1750 Marks

    Closely resembling the UPSC pattern

    Implications of this change

    It has certainly made MPSC mains more comprehensive, requiring a wide-based knowledge just like UPSC.

    • It will be easier for UPSC aspirants to prepare for MPSC and vice-versa.
    • It improve the percentage of Marathi candidates appearing and clearing UPSC as the paper pattern is almost the same.
    • It will give equal opportunity to those from rural as well as urban areas. Now every candidate must play on a level playing field.
    • For those UPSC aspirants who have exhausted their attempts, they would find it easier to appear and crack MPSC.
    • Aspirants who will reappear in 2023 will have to consider it as a fresh attempt as they have to study almost from scratch.

    All these pose an opportunity as well as a challenge for aspirants but for sure it calls for a change in strategy.

    ..amazing observation was the overwhelming number of rankers from Maharashtra.

    This was evident from 200+ rankers, including 30+ in the top 50 in the UPSC 2021 exam. Another amazing observation was the overwhelming number of rankers from Maharashtra. 

  • When pharma companies cross red lines

    pharma companiesMarketing practices of pharma companies are under scrutiny after tax officials searched the premises of a drugmaker, and an association of medical representatives moved the Supreme Court alleging unethical marketing practices by drugmakers.

    paharma companiesThe Dolo controversy

    • Bengaluru-based pharmaceuticals company Micro Labs Ltd came under the spotlight recently over the promotion of its anti-fever drug Dolo 650, which was widely used during the covid-19 pandemic.
    • Surprisingly, this drug which contained paracetamol was widely endorsed by doctors all across the India.
    • The Supreme Court last week ordered the central government to respond to a petition filed on the issue of unethical marketing practices by drug makers.
    • The Income Tax department too has accused it of claiming unallowable expenses made on freebies meant to boost sales.

    How do drugmakers incentivize doctors?

    • While many medical professionals claim that financial incentives do not influence their practice, some say that private sector doctors are enticed by pharmaceutical companies’ marketing agents to promote their drugs.
    • Pharma companies’ sales executives visit doctors to brief them about new drugs or a new drug component.
    • They try to impress upon them to prescribe their brands and in return, doctors are offered some gifts name reminders such as pens, writing pads, books and sometimes expensive gifts and holidays.
    • Such benefits extended to doctors depend upon the kind of drug, the disease burden etc.

    pharma companiesIs this a widespread industry practice?

    • A government doctor said no pharma firm can sustain without marketing its drug.
    • It mostly happens when there is an outbreak, or if there is great demand for a particular drug or when a drug is being launched.
    • Unlike in the case of other products, the decision to buy a drug is not made by the consumer, but by the doctor.
    • This makes pharma a marketing-driven industry.

    Are hospitals incentivized too?

    • Yes; doctors at a top private hospital which treated a large number of covid-19 patients said drug giants do try to incentivize hospitals.
    • The possibilities increase when a large corporate hospital chain operating across the country buys a drug in bulk.
    • A doctor at a corporate hospital does not have any control over the drugs sold in the in-house pharmacy of the hospital.
    • Doctors running small clinics see limited patients, and they do not have pharmacies; so, the issue of incentivization does not arise.

    What does the I-T dept find wrong in this?

    • While pharma companies treat freebies as a marketing expense which is deducted while computing their taxable income, getting the beneficiary of this spending to report it as his income has been a challenge.
    • In some cases, tax officials have denied promotional expenses as a deduction.
    • Hence, the government introduced a 10% tax to be deducted at source (TDS) effective 1 July, so that doctors and social media influencers report such benefits in their tax returns and pay tax on what it is worth.

     

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  • [Burning issue] India’s Population Paradox: Trends, Challenges and Opportunities   

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    Context

    • Recently, the United Nation’s World Population Prospects (WPP) Report 2022 was released which predicted that India is projected to surpass China as the world’s most populous country in 2023, much earlier than previously thought.
    • The population and related topics have been in news for past one year which makes the population and associated topics important for the upcoming Mains Examination, 2022.

    About the UN World Population Prospect Report

    • World Population Prospects 2022 is the official estimate and projections of the global population that have been published by the United Nations since 1951.
    • They form a comprehensive set of demographic data to assess population trends at the global, regional and national levels.
    • This report provides an overview of global population trends focusing on the period from 1950 to 2050 and presents a summary of key demographic prospects during the second half of the present century.

    Key highlights

    • The world’s population is projected to reach 8 billion on 15 November 2022.
    • The global population is still growing, albeit at a reduced rate. Some countries and regions continue to experience further population growth, while others have witnessed a stabilization or begun to decrease in population size.
    • In 2021, the average fertility of the world’s population stood at 2.3 births per woman over a lifetime, having fallen from about 5 births per woman in 1950.
    • The world population might peak at around 10.4 billion in 2086.

    Indian Population trends

    • The total population of India currently stands at 1.37 billion which is 17.5% of the world population.
    • Between 1992 and 2015, India’s Total fertility rate (TFR) had fallen by 35% from 3.4 to 2.2.
    • Young people (15-29 age years) form 27.2% of the population in 2021. This made India enter the Demographic dividend stage.
    • The percentage of the elderly population has been increasing from 6.8% in 1991 to 9.2% in 2016.

    Causes of Population growth

    • Higher birth rate: We have been successful in declining the death rates but the same cannot be said for birth rates.
    • Fertility rate: is much higher compared to other countries.
    • Early Marriage and Universal Marriage System: Getting married at a young age prolongs the childbearing age. Also, in India, marriage is a sacred obligation and a universal practice, where almost every woman is married at reproductive age.
    • Poverty and Illiteracy: Another factor for the rapid growth of the population is poverty. Impoverished families have this notion that more the members in the family, the more will be the numbers to earn income. Some feel that more children are needed to look after them in their old age. Also, hunger can be the cause of death of their children and hence the need for more children. Strange but true, Indian still lags behind the use of contraceptives and birth control methods. Many of them are not willing to discuss or are totally unaware of them. Illiteracy is thus another cause of overpopulation.
    • Age old cultural norm: Sons are the bread earners of families in India. This age-old thought puts considerable pressure on the parents to produce children till a male child or the required number of male children are born (This is called Son Meta preference).
    • Illegal migration: Last but not the least, we cannot ignore the fact that illegal migration is continuously taking place from Bangladesh and Nepal is leading to increased population density.
    • Lack of awareness: about family planning and its benefits, government schemes related to family welfare like free birth control measures leading to unwanted pregnancies and ultimately population growth.

    Implications of high population

    A. Negative outcomes:

    • Poor achievement of SDGs: Sustained high fertility and rapid population growth present challenges to the achievement of sustainable development. The necessity of educating growing numbers of children and young people, for example, draws resources away from efforts to improve the quality of education.
    • Unemployment: Generating employment for a huge population in a country like India is very difficult. The number of illiterate persons increases every year. The unemployment rate is thus showing an increasing trend.
    • Pressure on infrastructure: The development of infrastructural facilities is unfortunately not keeping pace with the growth of the population. The result is a lack of transportation, communication, housing, education, healthcare etc. There has been an increase in the number of slums, overcrowded houses, traffic congestion etc.
    • Manpower utilization: The number of jobless people is on the rise in India due to economic depression and slow business development and expansion activities. It has also caused India to be the home of the largest force of Gig Workers in the world and large informal economy. This ultimately leads to poor or stagnant living standards, slow progress in Human Capital Development and Social Mobility for a large section of society.
    • Faster and inefficient resource utilization: Land areas, water resources, forests are over exploited. There is also scarcity of resources.
    • Decreased production and increased costs: Food production and distribution have not been able to catch up with the increasing population and hence the costs of production have increased. Inflation is the major consequence of overpopulation.
    • Inequitable income distribution: In the face of an increasing population, unequal distribution of income and inequalities within the country widen.
    • Increasing divergence in the representation of different states in Parliament of India: higher population growth in north Indian states as compared to southern states has led to the freezing of the number of seats in parliament till 2026. This has caused a political tussle between less developed northern and largely developed southern Indian states.

    However, there are a few Positive outcomes also:

    • Largest pool of consumers: an increase in population means an increase in consumers and expansion of the demand for raw materials as well as finished products leading to high consumption and thus higher economic activities. Thus, India has become the largest market in the world for companies around the world.
    • According to the neo-classical growth model, the population is beneficial to an economy because population growth is correlated to technological advancement. The rising population promotes the need for some sort of technological change to meet the rising demands for certain goods and services.
    • Demographic dividend in India: India’s unique population structure with around 66% population in the working age group (15-59 years) has brought her at the cusp of a major transition for the next two decades. This has made it one of the youngest countries in the world which may put India on the path of high development as happened in China between 1991 and 2011.

    Population control measures that can be taken

    • Social Measure: Population outburst is considered to be a social problem and it is intensely rooted in civilization. It is, therefore, necessary to make efforts to eliminate the social iniquities in the country. Minimum age of Marriage: As fertility depends on the age of marriage therefore the minimum age of marriage should be raised. In India minimum age for marriage is 21 years for men and 18 years for women fixed by law. This law should be strongly implemented and people should also be made aware of this through promotion.
    • Raising the Status of Women: There are prevalent biases against women. They are restricted to houses. They are still confined to rearing and bearing of children. So women should be given opportunities to develop socially and economically. Free education should be given to them.
    • Spread education: The spread of education changes the views of people. The educated men take mature decisions and prefer to delay marriage and adopt small family customs. Educated women are health mindful and avoid frequent pregnancies and thus help in lowering the birth rate.
    • Adoption: is also an effective way to curb population. Some parents do not have any child, despite expensive medical treatment. It is recommended that they should adopt orphan children. It will be helpful to orphan children and children to couples.
    • Economic Measures: It is necessary is to raise the employment opportunities in rural as well as urban areas. Another economic measure for population control is the development of Agriculture and Industry. If agriculture and industry are correctly developed, a huge number of people will get employment. When their income is increased they would enhance their standard of living and accept small family norms.
    • Urbanization: process can reduce population increase. It is reported that people in urban areas have low birth rate than those living in rural areas. Urbanization should be encouraged.
    • Strict birth control measures: are needed such as China has adopted the strategy to decrease the birth rate. But it is not possible to reduce technological advancements to decrease the death rate in India. In order to reduce the birth rate, several government-funded agencies like the Family Planning Association of India spend excessive funds to promote family planning as a basic human right and the norm of a two-child family voluntarily.
    • Creating awareness about family planning: The family planning methods provided by the family planning program are vasectomy, tubectomy, IUD, conventional contraceptives (that is condoms, diaphragms, jelly/cream tubes, foam tables) and oral pills.

    Steps taken for population control in India

    • After independence, a Population Policy Committee was created in 1952 which suggested the appointment of a Family Planning Research and Programmes Committee in 1953.
    • Central Family Planning Board was created in 1956 which emphasized sterilization. Up till the 1960s a rigid policy was not adopted to arrest the fast growth of the population. The policy framed in 1951-52 was ad hoc in nature, flexible, and based on a trial and error approach.
    • The New Population Policy, 1977: The Government of India introduced first National Population Policy in 1976, which focussed on reducing birth rate, lowering infant mortality rate and improving the standard of life.
    • The National Population Policy 2000: provided a comprehensive framework to provide the reproductive and health needs of the people of India for the next ten years.
    • Mission Parivar Vikas (MPV), 2016: Under the scheme, innovative strategies like the distribution of Nayi Pehel kits, Saas Bahu Sammelan, and Saarthi vans are helping in reaching out to the community and initiating dialogues on family planning and healthy birth spacing, and the importance of small families.
    • Raising the marriage age for girls: Recently, the Government proposed the Prohibition of Child Marriage (Amendment) Bill, 2021, which seeks to raise the age of legal marriage for women from 18 to 21, which would further help in reducing fertility rates.

    Some green shoots

    • There have been some encouraging trends in India’s population in the Sample Registration System (SRS) Statistical Report (2018) and global population projections made by the Institute of Health Metrics and Evaluation (IHME), US.
    • SRS report estimated the Total Fertility Rate (TFR), the number of children a mother would have at the current pattern of fertility during her lifetime, as 2.2 in the year 2018.
    • Also, the recently released 5th National Family Health Survey report has shown that India’s TFR has currently reached below the replacement level of fertility of 2.1 children per woman.
    • As fertility declines, so does the population growth rate.

    Controversies around Population Growth

    • Demand for coercive population control measure on the lines of china: several local political leaders have been demanding coercive implementation of the 2-child policy and steps like the exclusion of couples with more than 2 children from government programs and employment. For example,

    Uttar Pradesh Population (Control, Stabilization and Welfare) Bill, 2021, seeks to provide a series of incentives as well as list several punishments to families that adhere and do not adhere to a two-child norm.

    • However, opponents of such a demand argue that it is against the fundamental rights of people and the democratic credentials of the nation and may promote illegal abortions threatening women’s health and safety.
    • Communal overtone: several politicians try to falsely portray the population data to blame a particular community for the rising population of India. Also, several religious leaders also keep demanding couples to produce multiple children in order to maintain population majority in nation.

    Way forward

    • There is an urgent need to implement population-related government policies and programme in letter and spirit.
    • Taking benefits of a smaller family to the last locality possible so as to make smaller families a norm right up to the districts which are still witnessing high TFR rates.
    • Bringing women at the centre of family planning decisions and thus giving them control over their bodies.

    Conclusion

    • Hence, from above it is clear that India has come a long way in population control and planning. The recent Demographic data suggest that a ‘Social Revolution’ is underway in India.
    • But still, a lot needs to be done. The Health, education and skills development of the Indian population needs acceleration to fully reap the benefits of the Demographic Dividend and achieve the goals of Aatmanirbhar Bharat and UN’s Sustainable Development Goals.
  • Who was Vannuramma?

    The fort of legendry Vannuramma in Nallamala forest in the present day Mydukur mandal of Kadapa district is trending due to its rundown condition.

    Who was Vannuramma?

    • Vannuramma ruled five ‘Durgams’ (under fiefdom) between 1781 and 1796 with Sakarlapadu as the administrative headquarters.
    • According to historical accounts, she was born in Pathimadugu Rekulakunta, now in Kadapa district, and got married to Veerneni Chinna Narasimha Naidu in 1764.
    • The family had the practice of praying at Vannuru Swamy temple in Kalyanadurgam of Anantapur district.
    • Vannuramma thus got her name as she was born, as believed, as the god’s gift.
    • Though there are not many historical accounts, Kadapa-based writer Bommisetty Ramesh brought out the first book last year on her.
    • Based on information culled out from the Mackenzie Kaifiyat of Kadapa, he extensively toured the region ruled by her, collected folklore and verified the same with historians.

    Her legend

    • The very mention of the name ‘Vannuramma’ brought chill to the spine of the Matli kings and Kadapa Nawabs.
    • Of all the Polegars (local chieftains) who had ruled the regional territories of Rayalaseema before the advent of the British, the lone woman ruler remains forgotten from the pages of history.
    • Under attack from fellow Polegars, Vannuramma’s family fled Thippireddypalle and took shelter in Chagalamarri fort, where they lived for eight years before her husband breathed his last in 1780.
    • Vannuramma wielded the sword when the Matli king Appayya Raju and Mysore Sultan Hyder Ali’s follower Meeru Saheb waged a war, invaded Sakerlapadu Durgam and robbed the property of locals.
    • Mobilising her army, she declared a war and brought the territory back into her fold in 1781.

    Her death

    • Even the Golconda Nawabs, through their Kadapa henchman Khadarvali Khan, tried in vain to control her.
    • It was then they hatched a plan to woo her adopted son and arrested her on some flimsy charges.
    • When the unsuspecting Vannuramma attended the Matli king’s court to prove her innocence, she was slapped with charges of treason.
    • The Nawabs captured her and sentenced her with ‘Korthi’, an inhuman form of punishment where a person is made to sit on a sharpened tree stump and left to die.
    • Vannuramma died in full public view in the year 1718 of Salivahana Saka, which translates to August 16, 1796, i.e., 226 years back.

     

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  • 5th August 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1       The Freedom Struggle — its various stages and important contributors/contributions from different parts of the country.

    GS-2       Effect of policies and politics of developed and developing countries on India’s interests

    GS-3        Indian Economy

    GS-4        Case Studies

    Question 1)

     

    Q.1 How did the Moderates and Extremists differ in their ideology, methods and goals during the Indian National Movement? (10 Marks)

     

    Question 2)

    Q.2 Taiwan finds itself caught in a crossfire between the US and China. What are the implications of the rising tension for India? What should be India’s approach? (10 Marks)

    Question 3)

    Q.3 India is getting a demographic dividend that will last nearly 30 years. How it handles this windfall will determine if it will rise to the top of the economic league table by the end of this century. In context of this examine the various factors that are in India’s favour when compared with the China of the 1970s when it embarked on economic reforms. (10 Marks)

    Question 4)  

    Q.4 An Indian company is active in the telecom sector and is the majority owner of a telecom company based in other geographies across the world. At one of its European headquarters, there emerged whistleblowing allegations that a local executive was bribing local government officials in order to obtain telecom cabling and construction contracts from the local government. The kickbacks were allegedly paid through a third-party consultant. More specifically, there were allegations that the executive, the third party, and a government official had some sort of business interest in common, possibly shareholdings in a limited company or the joint ownership of an undisclosed asset. The company is thought to be particularly close to the ruling dispensation in India and the news has now raised pressure to put its business operations in India under scanner as well. In this context, answer the following questions: (a) What are the ethical challenges in the given case? (b) Identify the different stakeholders and their interests. (c) As the CEO of the firm, how would you respond to the given situation? (20 Marks)

     

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  • India’s banking sector shows progress

    Context

    The RBI’s latest Financial Stability Report (FSR) has given the banking system a reasonably clean bill of health. It’s a significant achievement, considering the stress of the previous decade, the shock of the pandemic and the associated slowdown of the economy.

    Two indicators of banking system’s progress

    • 1] Reduced NPAs: Successive waves of recapitalisation have given banks enough resources to write off most of their bad loans.
    • As a result, they have been able to bring down their gross NPAs (non-performing loans) from 11 per cent of total advances in 2017-18 to 5.9 per cent in 2021-22.
    • Even after these large write-offs, most banks retain comfortable levels of capital.
    • 2] Credit growth doubled: During the decade when banks were under stress, non-food bank credit growth had been declining, reaching just 6 per cent in 2020, its lowest point in six decades.
    • Since then, credit growth has nearly doubled.

    Concerns

    • Role of credit in supporting GDP growth: The problem is that very little of this credit is going to large-scale industry or for financing investment.
    • Reluctance of banks to provide credit to industry: Over the last decade, banks have increasingly shifted away from providing credit to industry, favouring instead lending to consumers.
    • This trend is continuing — in the year ending March 2022, consumer loans grew at 13 per cent, whereas loans to industry grew at just 8 per cent.
    • Banks favoring MSMEs in industry loans: Bulk of the industry loans has been extended to the smaller firms (MSMEs), which benefitted from the credit guarantee scheme offered by the government in the wake of the pandemic.
    • Reduced lending to private sector investment: A related problem is that there has been little lending for private sector investment.
    • Over the last one year, bank lending to infrastructure has grown by 9 per cent, up from 3 per cent in 2020, but this was fuelled mainly by public sector capital expenditure.

    Why is there so little lending for investment by large firms?

    • Demand side reason: On the demand side, private sector investment has been sluggish for nearly a decade.
    • The boom-and-bust of the mid-2000s had saddled firms with excess capacity, giving them little reason to expand their production facilities.
    • In addition, the global financial crisis had shown the dangers of ambitious expansion supported by excessive borrowing, leading firms to conclude that it would be prudent to scale back their plans and instead focus on reducing their debts.
    • Supply side reason: On the supply side, banks have learned similar lessons.
    • During the period 2004-2009, rapid GDP growth in the Indian economy was fuelled by an unprecedented lending boom.
    •  Subsequently, many of those loans turned bad, leading to high levels of NPAs on bank balance sheets.
    •  As a result of these financial problems, banks for a decade were unable to extend much in the way of credit.

    Challenges

    • On the positive side, firms seem to have finally used up much of their spare capacity.
    • Fundamental problems not resolved: But on the negative side, the fundamental problems that led to the difficulties of the past decade still have not been resolved.
    • No framework for risk reduction: There is still no framework that will reduce the risk of private sector investment in infrastructure, certainly not in the critical and highly troubled power sector.
    • Nor is there any reassurance for the banks that if problems do develop, they can be resolved expeditiously, since the Insolvency and Bankruptcy Code has been plagued by delays and other problems.

    Way forward

    • We need deep structural reforms — to the infrastructure framework, the resolution process, and indeed, in the risk management processes at the banks themselves.
    • In the event that these reforms do not materialise, there may continue to be shortfalls in credit, investment, and ultimately in economic recovery and growth.

    Conclusion

    A healthy balance sheet of the banking sector is a necessary but not a sufficient condition for economic growth. The important question is whether banks and firms will once again be willing to take on the risk of investment in industry and infrastructure.

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  • Issue of withdrawal of Personal Data Protection Bill

    Context

    The Minister for the Ministry of Electronics and IT withdrew the Personal Data Protection Bill, 2019. The reasons for the withdrawal were circulated in a note to MPs, which stated that,“considering the report of the JPC (Joint Parliamentary Committee), a comprehensive legal framework is being worked upon…”.

    Background of Personal Data Protection Bill

    •  An expert committee headed by Justice (retd) A P Shah recommended in October, 2012,“a detailed framework that serves as the conceptual foundation for the Privacy Act”.
    • This did not come to fruition, with proposals buried by 2014 due to objections from the intelligence establishment on surveillance reforms.
    • While petitions on the constitutionality of Aadhaar and the right to privacy were pending before the Supreme Court, the Union government constituted an expert group headed by Justice (retd) B N Srikrishna in July, 2017.
    •  In August, a nine-judge bench unanimously pronounced the Puttaswamy judgment that reaffirmed the fundamental right to privacy for the autonomy, dignity and liberty for every Indian.
    • Justice D Y Chandrachud, who authored the majority opinion, noted the formation of the Srikrishna Committee as a positive obligation on the government to enact a law for informational privacy.
    • In December 2019, government introduced the Personal Data Protection Bill, 2019 in Parliament.
    • The draft law was referred to a JPC of 30 MPs that submitted a report after two years.
    • With the withdrawal in Parliament on August 3, it almost seems institutional processes, in which all three branches of government worked for years, are being jettisoned in favour of “a comprehensive legal framework”.

    Issues with reasons given for withdrawal of the Bill

    • The JPC has nowhere suggested a withdrawal in favour of a “comprehensive legal framework”.
    • The proper course was to consider the JPC’s recommendations including the dissent notes and expert analysis, redraft and introduce a new Data Protection Bill.
    • Compliance burden concern of government: With the government setting the goal of a one trillion dollar digital economy, fears of a compliance burden can impede innovation and growth.
    • Date protection is needed for innovation: Here, detailed reasoning is available in the Srikrishna Committee’s report as well as a growing international consensus suggesting that next-generation innovation in technology needs data protection.
    • Regulatory intervention will improve business practices requiring engineering decisions that focus on user trust.
    • Imperfections in law argument: With the imperfections within the Personal Data Protection Bill, 2019 and even the JPC report, there exists a reasonable argument that if passed into law, it may institutionalise bad privacy practices.
    •  Such a line of reasoning fails to recognise that institutional memory develops through reasonable due diligence and experience.
    • Legislative foresight is limited and no law is perfect, which is why there exist parliamentary amendments and judicial review.

    Conclusion

    Today, there is a relentless pace of digitisation that relies on gathering personal data in all spheres of our lives. All of this is done in a legal vacuum without any oversight or remedy. This underscores the urgent need for data protection law.

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  • US-Iran Nuclear talks restart with EU mediation

    Negotiators kicked off a fresh round of talks over Iran’s nuclear program in Vienna, seeking to salvage the agreement on Tehran’s atomic ambitions.

    Do you know how the enmity between Iran and the US came into reality?  We hope you have watched the Argo (2012) movie for sure!

    Context

    • After a gap of five months, Iran, Russia, China and the European countries resumed negotiations in Vienna to revive the 2015 nuclear agreement, known as the Joint Comprehensive Plan of Action (JCPOA).
    • The 2015 JCPOA agreement sought to cut Iran off a possible path to a nuclear bomb in return for lifting of economic sanctions.

    What is JCPOA?

    • The Iran nuclear agreement, formally known as the JCPOA is a landmark accord reached between Iran and several world powers, including the United States, in July 2015.
    • Under its terms, Iran agreed to dismantle much of its nuclear program and open its facilities to more extensive international inspections in exchange for billions of dollars’ worth of sanctions relief.

    Expected outcomes of the deal

    • Curb on the nuclear program: Proponents of the deal said that it would help prevent a revival of Iran’s nuclear weapons program.
    • Increasing regional engagement: It would thereby reduce the prospects for conflict between Iran and its regional rivals, including Israel and Saudi Arabia.

    Background of the JCPOA

    • Iran had previously agreed to forgo the development of nuclear weapons as a signatory to the Nuclear Non-proliferation Treaty, which has been in force since 1970.
    • However, after the overthrow of the Pahlavi dynasty in 1979, Iranian leaders secretly pursued this technology.
    • In 2007, U.S. intelligence analysts concluded that Iran halted its work on nuclear weapons in 2003 but continued to acquire nuclear technology and expertise.
    • Prior to the JCPOA, the P5+1 had been negotiating with Iran for years, offering its government various incentives to halt uranium enrichment.

    Issues with the deal

    (1) US withdrawal

    • The deal has been in jeopardy since President Donald Trump withdrew the US from it in 2018.
    • In retaliation for the US, Iran resumed some of its nuclear activities.

    (2) Iran’s insistence over sanctions removal

    • In 2021, President Joe Biden said the US will return to the deal if Iran comes back into compliance, though Iran’s leaders have insisted that Washington lift sanctions first.
    • Iran now has indicated that he will take a harder line than his predecessor in nuclear negotiations.

    Who are the participants?

    • The JCPOA, which went into effect in January 2016, imposes restrictions on Iran’s civilian nuclear enrichment program.
    • At the heart of negotiations with Iran were the five permanent members of the UN Security Council (China, France, Russia, the United Kingdom, and the United States) and Germany—collectively known as the P5+1.
    • The European Union also took part. Israel explicitly opposed the agreement, calling it too lenient.
    • Some Middle Eastern powers, such as Saudi Arabia, said they should have been consulted or included in the talks because they would be most affected by a nuclear-armed Iran.

    What did Iran agree to?

    • Nuclear restrictions: Iran agreed not to produce either the highly enriched uranium or the plutonium that could be used in a nuclear weapon.
    • Monitoring and verification:  Iran agreed to eventually implement a protocol that would allow inspectors from the International Atomic Energy Agency (IAEA), the United Nations’ nuclear watchdog.

    What did the other signatories agree to?

    • Sanctions relief: The EU, United Nations, and United States all committed to lifting their nuclear-related sanctions on Iran. However, many other U.S. sanctions on Iran, some dating back to the 1979 hostage crisis, remained in effect.
    • Weapons embargo: The parties agreed to lift an existing UN ban on Iran’s transfer of conventional weapons and ballistic missiles after five years if the IAEA certifies that Iran is only engaged in civilian nuclear activity.

    How has the deal affected Iran’s economy?

    • Prior to the JCPOA, Iran’s economy suffered years of recession, currency depreciation, and inflation, largely because of sanctions on its energy sector.
    • With the sanctions lifted, inflation slowed, exchange rates stabilized, and exports—especially of oil, agricultural goods, and luxury items­—skyrocketed as Iran regained trading partners, particularly in the EU.
    • After the JCPOA took effect, Iran began exporting more than 2.1 million barrels per day (approaching pre-2012 levels, when the oil sanctions were originally put in place).

     

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  • Election Symbols Issue in Maharashtra

     

    The Supreme Court has said it would decide the question of referring the battle between a political party leader and Maharashtra Chief Minister over the “real” heir of a political party to a Constitution Bench.

    What is the news?

    Why the split leader (the CM) is making such claims?

    • One of the cardinal issues, as pointed out by the CJI, would be whether the dissent of split faction, without subsequently forming a new party or merging with another, amounted to a “split” from the original political party.
    • The anti-defection law cannot be an “anti-dissent” law.

    Issues raised by the apex Court

    • The Bench warned that if the split is completely ignoring the political party after being elected then it is a danger to democracy.

    Note: For aspirants, one thing is very clear. The Supreme Court will definitely give another landmark judgment in this regard. Arriving at a conclusion is a tight rope walk for the judiciary too. But our judiciary never disappoints!

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI(M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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  • What is a Carbon Market, and why does India want to create one?

    The Bill to amend the Energy Conservation Act, 2001 seeks to establish a domestic carbon market and facilitate trade in carbon credits.

    What are Carbon Credits?

    • Carbon credits are measurable, verifiable emission reductions from certified climate action projects.
    • These projects reduce, remove or avoid greenhouse gas (GHG) emissions.
    • But they also bring a whole host of other positive benefits, for example, they empower communities, protect ecosystems, restore forests or reduce reliance on fossil fuels.
    • Projects must adhere to a rigorous set of criteria to pass verification by third-party agencies and a review by a panel of experts at a leading carbon offset standard.
    • After an organization or an individual buys a carbon credit, the credit is permanently retired so it can’t be reused.

    What are Carbon Markets?

    • Carbon markets are regulatory structures that allow, in particular, oil and gas-intensive companies or heavy industry (or, in the case of COP25, countries) to reduce their economic footprint through a series of incentives.
    • The idea behind this system is that the most polluting countries can purchase the right to pollute more from countries that have not reached their emissions limits.
    • The 1997 Kyoto Protocol turned polluting emissions into a commodity.
    • For example, the European Union Emissions Trading System (EU ETS) is the largest in the world and has been in operation since 2015.

    How is the concept evolved?

    • When the world evolved the ‘clean development mechanism’ (CDM) after the Kyoto Protocol agreement of 1997 as companies in the developing world could put up projects.
    • These include renewable energy or afforestation — that helped reduce carbon dioxide emissions, and earn ‘credits’ that could be sold in the market.
    • It was expected that these credits would be bought by the developed countries that had committed to emissions cuts under the Protocol.
    • Thus emerged the CDM market, aka ‘compliance market’. Alongside, environmentally conscious entities also started buying these carbon credits (or offsets) — the ‘voluntary market’.

    What is the status now?

    • This system functioned well for a few years.
    • But the market collapsed because of the lack of demand for carbon credits.
    • As the world negotiated a new climate treaty in place of the Kyoto Protocol, the developed countries no longer felt the need to adhere to their targets under the Kyoto Protocol.
    • A carbon market was envisaged to work under the successor Paris Agreement, but its details are still being worked out.

    Global successes

    • Domestic or regional carbon markets are already functioning in several places, most notably in Europe, where an emission trading scheme (ETS) works on similar principles.
    • Industrial units in Europe have prescribed emission standards to adhere to, and they buy and sell credits based on their performance.
    • China, too, has a domestic carbon market.

    Mechanism in India

    • A similar scheme for incentivizing energy efficiency has been running in India for over a decade now.
    • This BEE scheme, called- Perform, Achieve and Trade (PAT) Scheme allows units to earn efficiency certificates if they outperform the prescribed efficiency standards.
    • The laggards can buy these certificates to continue operating.

    What does new Amendment seeks to bring?

    • The new carbon market that is proposed to be created through this amendment to the Energy Conservation Act, would be much wider in scope.
    • Although the details of this carbon market are not yet known, it is likely to be on the lines of the European ETS, facilitating the buying and selling of carbon credits.

     

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