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  • Supreme Court lays out 7 Sub-Rights of Right to Property

    Why in the news?

    The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.

    Procedural Sub-Rights under Right to Property

    These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:

    1. Right to Notice: Individuals must be informed about the intention to acquire their property.
    2. Right to Be Heard: Affected individuals have the right to voice objections.
    3. Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
    4. Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
    5. Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
    6. Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
    7. Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.

    Back2Basics: Right to Property in India

    • The Right to Property was initially a fundamental right under the Constitution of India, included in Part III (Articles 19 and 31).
    • Through the 44th Amendment Act of 1978, this right was removed from the list of fundamental rights. It was reclassified as a constitutional right under Article 300A.

    About Article 300A:

    • Article 300A was introduced to the Constitution, stating that “No person shall be deprived of his property save by authority of law.”
    • Legal Framework: This implies that the government can still acquire private property, but this acquisition must be done through a law that justifies the acquisition and provides for fair compensation to the affected parties.

    Current Legal Status

    • Not a Fundamental Right: The Right to Property is no longer a fundamental right, which means it cannot be directly enforced through the Supreme Court or High Court under Article 32 or Article 226. However, it remains a constitutional right.
    • Protection under Law: Any person deprived of his property under any state enactment can approach a High Court challenging the legality of the act under Article 300A.
    • Legal Recourse: Affected individuals have the right to legal recourse if they believe that the acquisition was not justified or that the compensation was inadequate.

    Recent Judgment: Human Rights 

    • Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
    • Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
    • Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.

    Legal Interpretations and Clarifications

    • Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300A extends beyond the state’s power of eminent domain.
    • It necessitates a proper legal framework for property acquisition.
    • The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.

    PYQ:

    [2021] What is the position of the Right to Property in India?​

    (a) Legal right available to citizens only

    (b) Legal right available to any person

    (c) Fundamental Right available to citizens only

    (d) Neither Fundamental Right nor legal right

  • [16 May 2024] The Hindu Op-ed: The pitch for Subaltern Secularism

    PYQ Relevance:

    Mains: 

    Q Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC IAS/2022)

    Q How the Indian concept of secularism different from the western model of secularism? Discuss. (UPSC IAS/2018)

    Q What are the challenges to our cultural practices in the name of Secularism? (UPSC IAS/2019)

    Prelims:

    Consider the following statements:  (UPSC IAS/2020)
    1. The Consititution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
    2. The Constitution of India provides for ‘judical review to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
    Which of the Statements given above is/are correct?
    (1) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims:  Political Theories; Secularism

    Mains: Society; Secularism;

    Mentor comment: India since its Independence has been an observer of major democratic shifts, especially when it comes to the Political Parties. In the Indian kind of Parliamentary Democracy, the State is prohibited from patronizing any particular religion as the ‘State religion’ (positive secularism) and is enjoined to observe neutrality. The positive part of the Indian kind of Secularism is that it (the state) has been entrusted to regulate by Law (Procedure established by Law) or by an Executive order (head of govt.). In studies of Religion, the present modern democracies are generally recognized as secular. This is due to the near-complete freedom of religion (religious beliefs generally are not subject to legal or social sanctions), and the lack of authority of religious leaders over political decisions. However, in present Indian democratic politics, there exist two major binary contradictions – between the modern ‘secular subalterns’ (by R. Gandhi) vs. ‘Hindu subalterns’ (by PM Modi). This is for the first time that India is observing major shift in its Political Representation and the associated subalterns (subordinates).

    Let’s learn

    _

    Why in the News? 

    The 2024 Indian General Election is being framed as a contest between “Subaltern Hindutva” and “Subaltern secularism”.

    What is ‘Subaltern Secularism’?

    The concept of “subaltern secularism” refers to the idea of secularism being embraced and practiced by marginalized or oppressed groups in society, often in contrast to the secularism associated with the elite classes or the classes that are in major power.
    Concerning ‘Secularism’, the “subaltern groups” are those who have been excluded from the dominant discourse on secularism, which has traditionally been associated with the English-speaking elite.

    What is ‘Subaltern Hindutva’?
    : The “subaltern Hindutva” refers to a political strategy that mobilizes marginalized or subaltern Hindu groups by appealing to their sense of honor and identity within Hindu society.
    This concept emerged as a significant force in Indian politics, particularly since the 2014.
    Subaltern Hindutva gained traction by addressing the perceived contempt faced in the English-speaking elite circles, especially as more of them became educated.

    Agenda of ‘Social Welfare’ set by ‘Subaltern Secular’ Group:

    • On Reservation: They promised a dedicated ministry for the empowerment of the Other Backward Classes (OBC), the creation of a National Council for Social Justice, reservation in the higher judiciary for Scheduled Castes (SC), Scheduled Tribes (ST) and OBCs, and a Rohit Vemula Act for students of disadvantaged sections.
    • Political representation for weaker sections: Due to the lost regional subalterns in the post-Mandal era, they amended their constitution to reserve 50% of seats to the Congress Working Committee (CWC) for SCs, STs, OBCs, women, and minorities.
    • Legal guarantees for Minimum Income: They promised “Sampoorna Samajik Suraksha”, and a Nyuntam Aay Yojana (Nyay) as social security that will have legal guarantees for minimum income and social security for the poor.
    • Social and Health Security: Right to Health, pensions for Single Women, Elderly, and persons with disabilities, a Comprehensive Integrated Child Development Scheme in line with the National Food Security Act, and quality elementary schooling and maternity entitlements are promised.

    How does the present ‘subaltern secularism’ differ from then ‘traditional secularism’?

    • By focusing on marginalized or oppressed groups: In ‘traditional secularism’, the discourse is often dominated by the elite, leading to a disconnect with the masses. On the other hand, ‘subaltern secularism’ challenges this top-down approach by advocating for the inclusion of marginalized voices in shaping secular narratives and practices
    • By practicing secular values: ‘Traditional secularism’ tends to be associated with the privileged classes and can sometimes overlook the perspectives of marginalized communities, ‘subaltern secularism’ seeks to empower these groups by providing them with a platform to express and practice their secular beliefs within their unique socio-political contexts.

    What are the implications of ‘Subaltern secularism’ for Indian Democracy?

    By focusing on marginalized or oppressed groups embracing and practicing secular values, subaltern secularism challenges the traditional elite-centric narrative of secularism in India.

    • Brings Inclusive Representation: It emphasizes the inclusion of diverse voices and perspectives in the secular discourse, ensuring that the concerns and experiences of marginalized communities are acknowledged and addressed within the democratic framework.
    • Empowering the Marginalized Groups: It can empower marginalized groups by providing them with a platform to express their secular beliefs and practices, enabling them to participate more actively in the democratic process and shaping the political landscape.
    • Counterbalancing the Dominant powers: By offering an alternative to dominant religious and social hierarchies, subaltern secularism can serve as a counterbalance to forces that seek to marginalize or oppress certain communities based on religious or social identities.
    • Challenges to Existing Power Structures: Subaltern secularism challenges existing power structures by advocating for a more inclusive and equitable society, where the rights and voices of all individuals, especially those from marginalized backgrounds, are respected and protected.
    • Political Strategy and Mobilization: Embracing subaltern secularism as a political strategy can help opposition parties like the Indian National Congress mobilize subaltern voters who have been historically marginalized, thereby reshaping electoral dynamics and promoting a more inclusive democracy.

    Conclusion: For this strategy (social welfare) to succeed, the ‘secular subalterns’ will need to build robust political campaigns aligned to its new secular thinking, breaking away from its previous characteristic timidity.

  • Explained Climate: Heatwaves and Climate Change

    Why in the News? 

    According to the Indian Meteorological Department (IMD), heatwave conditions are affecting either the smaller regions or the larger geographical areas in India at every 26 days of the month.

    What are the Heat Waves?

    • The “World Meteorological Organization” defines a heat wave as five or more consecutive days during which the daily maximum temperature exceeds the average maximum temperature by five degrees Celsius.
    • If the maximum temperature of any place continues to be more than 45 Degree Celsius consecutively for two days, it is called a heat wave condition.

    Heatwaves in India:       

    • Regional Observations: A place with a normal temperature of 40°C in summer is not experiencing a heatwave at 42-43°C, but another location with a normal temperature of 27-28°C is in a heatwave at 35°C.
      • Heatwaves are common in northern, central, and eastern India during summer. Heatwaves are becoming more frequent, intense, and prolonged due to climate change.
      • In February 2023 (winter month for India), several regions experienced heatwaves with maximum temperatures 5 to 11 degrees higher than normal. (with a mean temperature 1.36°C higher than normal)
    • Predictions and Records: The outlook for heatwaves this year is grim, with predictions of prolonged heatwaves lasting 10 to 20 days in some areas, compared to the usual 4 to 8 days.
      • In April 2023, Odisha experienced an 18-day heatwave, the second-longest in the state’s history.
      • Gangetic West Bengal recorded the highest number of heatwave days in any month over the last 15 years. Eastern India recorded its warmest April ever.
    • Upcoming Heatwave: The India Meteorological Department (IMD) forecasted a fresh spell of heatwaves starting over northwest India.

    Impact of Heatwaves:

    • Impact on Resource Availability:
      • Water Resources: It exacerbates water scarcity by drying up of water bodies, reducing water availability for agriculture and domestic use, and increasing competition for resources. This can lead to conflicts over water, affect irrigation practices, and impact water-dependent industries.
      • Energy Resources: It increases electricity demand for cooling purposes, leading to strain on power grids and potential blackouts. This can disrupt economic activities, affect productivity, and impact vulnerable populations.
    • Impact on Health:
      • Prolonged exposure to heat can lead to Dehydration and Cardiovascular and Respiratory diseases.
      • Rapid rises in heat gain can compromise the body’s ability to regulate temperature and can result in a cascade of illnesses, including heat cramps, heat exhaustion, heatstroke, and hyperthermia.
      • Health Ministry reported 264 heat-related deaths in the first six months of 2023. NCRB reported 730 heat-related deaths in the same year.

    However, data collected and maintained by IMD and NDMA (National Disaster Management Authority) showed a sharp decline in heat-related deaths ever since state governments and district administrations began implementing heat action plans.

    Mitigation of Heatwaves:

    • Need to establish an Early Warning System: The Inter-Agency Coordination needs to alert residents on predicted high and extreme temperatures. Who will do what, when, and how is made clear to individuals and units of key departments, especially for health.
    • Increase Public Awareness and Community Outreach: Disseminating public awareness messages on how to protect against the extreme heat – wave through social media and advertisements. Additionally, the government needs to aware the general public through Television programs the Do’s and Dont’s for heat-related illnesses.

    Conclusion: Need to improve collaboration with Non-governmental organizations and Civil society organizations to improve public spaces wherever necessary, improve water delivery systems in public areas, and other innovative measures to tackle heatwave conditions.

    Mains PYQ: 

    Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)

  • Manipur accounted for 97% of displacements in South Asia   

    Why in the News?

    The report by the Geneva-based Internal Displacement Monitoring Centre (IDMC) termed it the highest number of displacements in India triggered due to the conflict and violence in India since 2018.

    Key highlights on Internal Displacement in India (2009-2023):

    • The above image shows the Internally Displaced People (IDP) currently living in India.
      • This term focuses on the individuals who have been displaced till the end of every year. At the end of 2023, there were 0.61 million such persons in India.
    • Globally, India was among the top five countries with the highest number of new internal displacements in 2022 due to disasters, with 2.5 million displacements.
    • Causes:
      • Natural: In 2023, India experienced over half a million internal displacements due to floods, storms, earthquakes, and other disasters.
      • Artificial: Over the past five years (2009-2023), the number of internally displaced people resulting from regional conflict and land disputes has increased by 22.6 million, with the two biggest increases in 2022 and 2023.
      • Over 1/3rd of the displacements took place within Manipur, with almost a fifth moving to the neighboring state of Mizoram and smaller numbers to Nagaland and Assam.

    Regional Scenario (2009-2023):

    • In 2023, conflict and violence triggered 69,000 displacements in South Asia, with Manipur violence alone accounting for 67,000, the highest number since 2018.
    • The violence erupted after a ‘Tribal Solidarity March’ was organized in Manipur’s hill districts to protest against the Meitei community’s demand for Scheduled Tribe (ST) status.
    • This led to ethnic clashes between the Meitei and Kuki communities even in bordering areas of Myanmar and Bangladesh.

    Global Scenario (2009-2023):

    • The number of IDPs has grown by 50% in the last five years. The report said that 68.3 million people worldwide were displaced by conflict and violence as of 2023.
    • By the end of 2022, at least 8.7 million people in 88 countries and territories were internally displaced by disasters, with India being one of them.
    • Conflicts in Sudan, the Democratic Republic of the Congo (DRC), and Palestine accounted for nearly two-thirds of new conflict movements in 2023
    • 3.4 million new movements in the Gaza Strip in the last quarter of 2023, leaving 1.7 million internally displaced by the end of the year.

    Way Forward: 

    • Dialogue and Mediation: Facilitate dialogue between conflicting communities, such as the Meitei and Kuki, to address underlying issues like land disputes.
    • Legal Framework: Strengthen legal frameworks to protect minority rights and address grievances that may lead to violence.
    • Peacebuilding Initiatives: Implement peacebuilding programs that promote social cohesion and understanding among different ethnic and community groups.

    Mains PYQ:

    Q How far are India’s internal security challenges linked with border management particularly in view of the long porous borders with most countries of South Asia and Myanmar? (UPSC IAS/2013)

  • On Delhi’s mounting Waste Crisis | Explained

    Why in the News? 

    On May 13, the Supreme Court stated that addressing the “horrible” issue of 3,800 metric tonnes of untreated Municipal Solid Waste (MSW) accumulating daily in the national capital requires moving beyond party politics.

    What is the status of Delhi’s SWM system?

    • Population Growth and Waste Generation:
      • According to the 2011 Census Data, New Delhi’s population was approximately 1.7 crore. However, this Population is expected to increase to around 2.32 crore.
      • This increase will lead to a significant rise in waste generation, estimated at approximately 13,000 tonnes per day (TPD), which equates to roughly 1,400 truckloads daily.
      • Presently, this daily waste generation accumulates to about 42 lakh tonnes per annum. The population is anticipated to reach 2.85 crore by 2031 due to which the waste generation could increase to 17,000 TPD.
    • Waste Collection: Around 90% of the waste generated in the city is collected by three municipal corporations:
    • Municipal Corporation of Delhi (MCD)
    • Delhi Cantonment Board
    • New Delhi Municipal Corporation
    • Waste Composition is of major types – Biodegradable Wet Waste (50-55%), Non-Biodegradable Dry Waste (around 35%), and Inert Waste (10% that does not decompose). The total collective capacity of these facilities is about 9,200 tonnes per day (TPD).

    Issue of Unprocessed Waste Disposal: 

    • The Municipal Corporation of Delhi (MCD) is disposing of 3,800 TPD of unprocessed waste in landfills.
    • Designated Landfills (Gazipur, Bhalswa, and Okhla) are filled with unprocessed wet and dry waste, leading to significant environmental issues such as methane gas emissions, leachate production, and landfill fires.
    • The landfills have accumulated a total of 2.58 crore tonnes of legacy waste, covering 200 acres of land.

    What are the challenges faced by MCD?

    • Lack of Waste Segregation at Source: Many households and commercial establishments do not segregate waste. Unprocessed mixed waste enters landfills as a result.
    • Land Availability for Waste Processing Plants: Waste processing plants require large land parcels (30-40 acres each). Securing such large tracts of land is challenging in Delhi.
    • Public Awareness and Practices: There is a lack of public awareness regarding proper waste management practices. This leads to littering and improper disposal habits. MCD’s focus shifts to clearing open points rather than processing wet waste.
    • Inadequate Waste Collection Services: Some areas suffer from irregular waste collection services. This contributes to waste buildup and increased littering.
    • Illegal Dumping: Waste is often illegally dumped in open areas and water bodies. This increases the pressure on the MCD and requires additional resources for cleanup.

    What efforts need to be made by MCD?

    • Need for a Decentralized Approach: Given the challenges of identifying large land parcels, Delhi will need to partner with its neighboring States to set up a few of these composting plants.
      • Additionally, the market for organic compost produced from wet waste lies in the neighboring States of Haryana and Uttar Pradesh.
    • Need to work on Biodegradable Wet Waste: The design capacity for wet waste processing should be 9,000 TPD. This would require at least 18 composting or biogas plants (assuming each plant has a capacity of 500 TPD).
      • Significant efforts will be needed to identify land, establish composting facilities, and ensure their proper operation to prevent biodegradable waste from reaching landfills.
    • Need to work on Non-Biodegradable Dry Waste: Approximately 2% of dry waste is recyclable and should be sent to recycling facilities. The remaining 33% of non-recyclable dry waste (plastics, paper, textile waste) can be used as RDF for power generation in waste-to-energy projects.
    • Coordination Among Stakeholders: Improved coordination between various Municipal Corporations to streamline waste collection and segregation processes by collaborating with private companies and non-governmental organizations is needed to enhance waste segregation and processing efforts.

    Conclusion: Already, Biomining Initiative was launched in 2019 by the MCD to reduce the amount of waste. The COVID-19 pandemic interrupted these efforts. Originally planned for completion by 2024, now expected to take an additional two to three years.

    Mains PYQ: 

    Q What are the impediments in disposing the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)

  • [pib] Sangam: Digital Twin Initiative enters Stage I

    Why in the news?

    The Department of Telecommunications (DoT) has unveiled the selected participants for Stage I of the ‘Sangam: Digital Twin with AI-Driven Insights Initiative’.

    What is Digital Twin Technology?

    • A digital twin is a digital representation of a physical object, person, or process, contextualized in a digital version of its environment.
    • Digital twins can help an organization simulate real-time situations and their outcomes, ultimately allowing it to make better decisions.

    About Sangam: Digital Twin Initiative

    • Launched in February 2024, it aligns with the past decade’s technological advancements in communication, computation, and sensing, in line with the vision for 2047.
    • Department of Telecommunications (DoT) will begin this with a campaign to engage potential participants, including industry experts, academia, and other relevant stakeholders to spread awareness and interest wide.
    • It is a Two-stage Initiative: It will be distributed in two stages, and conducted in one of India’s major cities.
      1. First Stage: An exploratory phase focusing on clarifying horizons and creative exploration to unleash potential.
      2. Second Stage: A practical demonstration of specific use cases, generating a future blueprint for collaboration and scaling successful strategies in future infrastructure projects.
    • Objectives:
      1. To demonstrate practical implementation of innovative infrastructure planning solutions.
      2. To develop a Model Framework for facilitating faster and more effective collaboration.
      3. To provide a future blueprint for scaling and replicating successful strategies in future infrastructure projects.

    Features: It represents a collaborative leap towards reshaping infrastructure planning and design.

    • It integrates 5G, IoT, AI, AR/VR, AI native 6G, Digital Twin, and next-gen computational technologies, fostering collaboration among public entities, infrastructure planners, tech giants, startups, and academia.
    • Sangam brings all stakeholders together, aiming to translate innovative ideas into tangible solutions, bridging the gap between conceptualization and realization, and paving the way for groundbreaking infrastructure advancements.

    PYQ:

    [2020] In India, the term “Public Key Infrastructure” is used in the context of:

    (a) Digital security infrastructure

    (b) Food security infrastructure

    (c) Health care and education infrastructure

    (d) Telecommunication and transportation infrastructure

  • [pib] Sub-Committee for GRAP reviews the Air Quality scenario in New Delhi

    Why in the News?

    • Delhi’s Air Quality Index (AQI) registered at 243, falling under the ‘Poor’ category, as reported by the Central Pollution Control Board (CPCB).
      • In response to this, the Sub-Committee under the Commission for Air Quality Management in NCR & Adjoining Areas (CAQM) convened to assess the situation and strategize under the Graded Response Action Plan (GRAP).

    About Graded Response Action Plan (GRAP)

    • The GRAP was conceived as a response to the alarming findings of a WHO study in 2014, which ranked Delhi as the most polluted city globally.
    • It is a framework designed to combat air pollution in the Delhi-NCR region.
    • The Supreme Court (M. C. Mehta vs. Union of India Case, 2016) approved GRAP after multiple expert consultations.
    • First GRAP was notified in January 2017 by the Ministry of Environment, Forest and Climate Change.

    Implementation of GRAP:

    • The Commission for Air Quality Management in NCR & Adjoining Areas (CAQM) took over the responsibility of implementing GRAP in 2021.
    • Before 2021, the SC appointed Environment Pollution (Prevention and Control) Authority (EPCA) would instruct states to enforce GRAP measures.
    • The CAQM recommendations depend on the Air Quality Index (AQI) and meteorological predictions provided by the Indian Institute of Tropical Meteorology (IITM) and the India Meteorological Department (IMD).

    Revised measures to implement:

    Air Quality Stage AQI Range Measures to be implemented
    Stage I (Poor) 201-300 Enforce NGT/Supreme Court’s order on over-aged diesel/petrol vehicles.
    Stage II (Very Poor) 301-400 Implement rigorous actions to combat air pollution at identified hotspots.
    Stage III (Severe) 401-450 Impose strict restrictions on BS III petrol and BS IV diesel vehicles. Suspend physical classes in schools for primary grade children up to Class 5 in certain areas.
    Stage IV (Severe Plus) >450 Prohibit the entry of four-wheelers registered outside Delhi, except for electric vehicles, CNG vehicles, and BS-VI diesel vehicles.

     

    Current Air Quality Scenario: Factors Contributing 

    • The GRAP sub-committee noted the following natural causes exacerbating dust suspension across the National Capital Region (NCR):
    1. Fluctuating wind patterns,
    2. Higher convection rates, and
    3. Arid weather conditions.
    • Additionally, increased instances of agricultural residue burning and forest fires in neighboring states were identified as potential contributors to deteriorating air quality.

    Action Plan suggested by GRAP Sub-Committee

    • Intensive Drives at Pollution Hotspots: The concerned Pollution Control Boards (PCBs) and NCR committees were tasked with conducting rigorous inspections at major pollution hotspots, prioritizing dust abatement measures.
    • Enhanced Dust Control Measures: Measures such as increased deployment of water sprinklers and mechanical road sweeping equipment were recommended to mitigate dust levels.
    • Preventing Open Burning: Vigilance against instances of open burning, including municipal solid waste (MSW) and agricultural residue, was emphasized to curb further pollution.
    • Strict Enforcement: Dust Control & Management Cells (DCMCs) and enforcement teams were instructed to intensify monitoring and enforcement efforts at construction sites and road projects.
    • Inspections and Compliance: Flying Squads of CPCB were directed to conduct thorough inspections and take appropriate action against violators of environmental regulations.

    PYQ:

    [2016] In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index?

    1. Carbon dioxide

    2. Carbon monoxide

    3. Nitrogen dioxide

    4. Sulphur dioxide

    5. Methane

    Select the correct answer using the codes given below:

    (a) 1, 2 and 3 only

    (b) 2, 3 and 4 only

    (c) 1, 4 and 5 only

    (d) 1, 2, 3, 4 and 5

  • Regulatory Challenges in Alternative Investment Funds (AIFs)

    Why in the News?

    In response to tightening regulations impacting operations, the RBI has recommended that investments exceeding 50% of Alternative Investment Funds (AIFs) units by a person resident outside India be treated as Indirect Foreign Investment.

    BACK2BASICS:

    What are Alternative Investment Funds (AIFs)?

    • An Alternative Investment Fund or AIF is any fund established or incorporated in India that is a privately pooled investment vehicle that collects funds from sophisticated investors, for investing by a defined investment policy for the benefit of its investors.
    • AIFs are regulated by the SEBI (Securities and Exchange Board of India).
    • As per the SEBI (Alternative Investment Funds) Regulations, 2012, an AIF can be set up as a trust, a company, a limited liability partnership, or a corporate body.

    Who can invest in an AIF?

    • Indian Residents, NRIs (Non-Resident of India), and foreign nationals are eligible to invest in these funds.
    • Joint investors can also invest in AIF. They can be spouse, parents, or children of investors.
    • The minimum investment amount for investors is Rs1 crore for investors. For directors, employees, and fund managers, this limit is Rs 25 lakh.
    • Most AIFs come with a minimum lock-in period of three years.
    • The maximum number of investors in every scheme is capped at 1,000. However, in the case of angel fund, the cap is 49.

    Categories of an applicant who can seek registration as an AIF:

    • Category I and II AIFs are required to be close-ended and have a minimum tenure of three years. Category III AIFs may be open-ended or close-ended.

    Note: Investment by an Indian company (which is owned or controlled by foreigners) into another Indian entity is considered as Indirect Foreign Investment (IFI). It is also known as downstream investment.

    Present Regulatory Landscape:

    • Regulatory Ambiguity: Recent regulatory notes have instilled mistrust in the industry, particularly regarding Foreign Direct Investment (FDI) policy surrounding AIFs, spooking investors and prompting reconsideration of fund deployment strategies.
    • Changing Stance: The regulatory stance has evolved, with amendments in 2015-16 allowing AIFs to attract foreign capital through the automatic route, promoting onshore management and incentivizing Indian fund managers to relocate to India.

    Offshore Alternatives:

    • Reason for Offshoring: Offshore funds benefit from a more stable regulatory environment, with considerations for tax implications necessitating careful structuring.
    • Attractive Destination: Gujarat International Finance Tec-City (GIFT City) has emerged as an attractive alternative for managers due to regulatory stability, tax incentives, and proximity to India.

    PYQ:

    [2020] With reference to Foreign Direct Investment in India, which one of the following is considered its major characteristic?

    (a) It is the investment through capital instruments essentially in a listed company.

    (b) It is a largely non-debt-creating capital flow.

    (c) It is the investment which involves debt-servicing.

    (d) It is the investment foreign institutional investors make in Government securities.

  • Spices Board discussing the setting of ETO Limits with CODEX

    Why in the News?

    • The Spices Board has proactively engaged with CODEX, the international food standards authority, to address the pressing issue of ethylene oxide (ETO) contamination in spices.
      • This initiative follows recent recalls of certain branded spices exported from India to Hong Kong and Singapore due to concerns regarding ETO contamination.
      • Concerns over spice quality have also been raised by countries like the US, New Zealand, and Australia, prompting ongoing evaluations of Indian Spice Imports.

    Back2Basics:  Spices Board of India

    • The merger of the erstwhile Cardamom Board and Spices Export Promotion Council on 26th February 1987, under the Spices Board Act 1986 led to the formation of the Spice Board of India.
    • The Board functions as an International link between the Indian exporters and the importers abroad with a Nodal Ministry of Commerce & Industry.
    • Headquartered in Kochi, it has regional laboratories in Mumbai, Chennai, Delhi, Tuticorin, Kandla and Guntur.
    • Main Functions:
      • It promotes organic production, processing, and certification of spices.
      • Responsible for the overall development of Cardamom.
      • Focuses on post-harvest improvement programs for improving the quality of the 52 scheduled spices for export.
      • These programs are included under the head ‘Export Oriented Production’.

    About CODEX

      • The Codex Alimentarius Commission (CAC) is an inter-governmental food standards body established jointly by the Food and Agriculture Organization (FAO) and the World Health Organization (WHO) in May 1963.
        • Objective: Protecting consumer’s health and ensuring fair practices in food trade.
      • The Agreement on Application of Sanitary and Phytosanitary Measures (SPS) of the World Trade Organization (WTO) recognizes Codex standards, guidelines, and recommendations as reference standards.
    • Members:
    • Currently, the CAC has 189 Codex Members made up of 188 Member Countries and the EU.
      • India became a member in 1964.

    CODEX Committee on Spices and Culinary Herbs

      • CODEX committee (CCSCH) was formed in 2013 with the support of more than a hundred countries with India as the host country and the Spices Board as the Secretariat for organizing the committee sessions.
    • Objectives:
      • To consult with other International Organisations for the standards development process in the spice market.
      • To develop and expand worldwide standards.
    • Since its inception, the CODEX Committee has been on a positive path in developing harmonized global standards for worldly herbs and spices.

    India’s push for Permissible ETO Limits

    • Advocacy for Limits: India has advocated for the establishment of limits for ETO usage, recognizing the variance in regulations across different countries.
      • CODEX, thus far, has not prescribed any limit for ETO usage, and India has submitted a proposal for standardizing ETO testing protocols.
    • Focus on Safety: While acknowledging the carcinogenic nature of ETO when used excessively, efforts to prevent contamination have been intensified.
      • Notably, India’s sample failure rate in spices exports is less than 1% in major markets, underscoring the industry’s commitment to quality and safety standards.

    Spice Market of India:

    • Production:
      • Major producing states: Madhya Pradesh, Rajasthan, Gujarat, Andhra Pradesh, Telangana, Karnataka, Maharashtra, Assam, Orissa, Uttar Pradesh, West Bengal, Tamil Nadu and Kerala.
      • The production of different spices has been growing rapidly over the last few years. During 2022-23, the export of spices from India stood at US$ 3.73 billion from US$ 3.46 billion in 2021-22.
      • India produces about 75 of the 109 varieties which are listed by the International Organization for Standardization (ISO).
    • Major Produced and Exported Spices by India: Pepper, cardamom, chili, ginger, turmeric, coriander, cumin, celery, fennel, fenugreek, garlic, nutmeg & mace, curry powder, spice oils, and oleoresins.
      • Out of these spices, chili, cumin, turmeric, ginger, and coriander make up about 76% of the total production.
    • Export: In 2023-24, India’s spice exports totaled $4.25 billion, accounting for a 12% share of the global spice exports. (till February 2024 data).
      • India exported spices and spice products to 159 destinations worldwide as of 2023-24. The top destinations among them were China, the USA, Bangladesh, the UAE, Thailand, Malaysia, Indonesia, the UK, and Sri Lanka. (which comprises more than 70% of the total exports).

     

    PYQ:

    [2019] Among the agricultural commodities imported by India, which one of the following accounts for the highest imports in terms of value in the last five years?

    (a) Spices

    (b) Fresh fruits

    (c) Pulses

    (d) Vegetable oils
  • [UPSC Webinar ’25] Avoid these Mistakes & Give your ULTIMATE 1st Attempt!

    [UPSC Webinar ’25] Avoid these Mistakes & Give your ULTIMATE 1st Attempt!

    A lot of us keep repeating the same mistakes – over relying on Test Series, not solving enough PYQs, attempting less – attempting more!

    But progress is in learning from your mistakes. You don’t want to keep loosing on attempts for this learning.

    Chandarprabha Sharma, AIR 289, will be here with us on 18th May, 6:00 PM in a Webinar where she will help you with Avoiding Mistakes and helping you give your BEST 1st Attempt!

    Join FREE Webinar on 18th May, 6:00 pm

    First 200 will get free mentorship session

    Register Now!

    Chandarprabha tasted success in her LAST ATTEMPT. She had to wait almost a decade to finally make it to the coveted list!

    What took her so many attempts to make it through? A lot of learnings, we would say!

    Not only was she showing perseverance and character, she was trying to learn through her attempts.

    For Prelims – On her priority list, we could find PYQs at the helm. And not only did she attempt these multiple times – she made a tracker on a SHEET where she used to assess her progress through accuracy she was achieving! Most of us don’t go into the details of our test attempts.

    So, each time she was attempting the PYQs, she was getting to know more in-depth the language that UPSC was using, the hints that UPSC was dropping – the clues that she could use to come up with the answer.

    Throughout this rigorous process was her learning to use logical estimations and deduce the answers, when faced with the difficult exam stress.

    Here is a snippet from the analysis that she did of her Prelims PYQs (Attendees get a copy at the end of the Webinar!)

    For Mains, she again heavily relied on her PYQ based analysis on her Excel, to identify recurring themes and sub-themes from the paper, and following NCERT sources for the language in her answer (This she believes might have been the X-Factor of her Mains Scores!)

    A strong peer group, was another important part her preparation journey (we follow the same practice in our UAP Mentorship Program). The accountability from her peer group helped her clear Mains for the first time in the FINAL ATTEMPT! Who were a part of this peer group and how can you form your own?

    In this 45 mins Webinar, we will take these learnings from her, and share the perfect strategy built around PYQs, NCERTs and Peer-based learning to clear the UPSC Exam (To the point discussion!)

    Join us in the Webinar of Chandraprabha, 18th May, 6:00 PM, where she will be discussing these details!

    Register for Chandarprabha’s Webinar

    Register Now!

    Post attending the Webinar, you will get:

    1. To know how to utilize PYQ Based Analysis using Data
    2. Mock Tests and how to derive the most value from them.
    3. For Prelims – focusing on the number of questions to be attempted using DATA & analyzing PYQs in a strong sense- (Find your SWEET SPOT for attempts in Prelims!)
    4. For Mains – Analyzing Theme-Based PYQs and using a strong Peer Group to write the best answers!
    5. Definite and Fixed Sources to start and enhance your UPSC Prep.

    Bonus – Dealing with Mental Health using Huberman’s 20-Min Nap and other strategies (You need to know this!)

    Registration is FREE but MANDATORY!

    You’ll get the Zoom Link on Email/WhatsApp post registration

    We will be sharing a Sample of the Excel Sheet by Chandarprabha in the Webinar with the students.

    Register Now!

    Attend this Webinar if

    1. If you are a first timer to the UPSC Preparation and want your attempt to be rock solid.
    2. You have not been able to clear in 1-2 attempts, and want to learn from mistakes of toppers!
    3. You want a clear-cut strategy of PYQ Analysis and implementing it in your preparation!

    Ready to attend the UPSC Webinar?

    Register Now!

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