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  • Compensation for Covid deaths

    The Supreme Court has reserved its verdict seeking compensation of Rs 4 lakh to the kin of those who have died of Covid-19 or related complications.  The Centre has stated that state governments cannot afford to pay this, and had argued in favor of a broader approach including health interventions.

    Provisions for Compensation

    • Last year, the Centre declared Covid-19 as a notified disaster under the Disaster Management Act.
    • Section 12(iii) of the Act says the National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster.
    • It includes “ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood”.
    • The Centre revises this amount from time to time.

    What is the latest amount?

    • On April 8, 2015, the Disaster Management Division of the Home Ministry wrote to all state governments and attached a revised list of “norms of assistance”.
    • Under “ex gratia payment to families of deceased persons”, it specified: Rs 4 lakh per deceased person including those involved in relief operations or associated in preparedness activities.
    • This is subjected to certification regarding cause of death from appropriate authority.

    So, what about compensation for Covid?

    • Last year the Home Ministry wrote to state governments that the central government has decided to treat it (Covid-19) as a notified disaster for the purpose of providing assistance under SDRF.
    • It attached a partially modified list of items and norms of assistance.
    • It did not specify payment of ex gratia to families of deceased.
    • Some states have decided to pay, but not for all deaths.

    How has the government responded to the petition?

    • The Centre has submitted that ex gratia of Rs 4 lakh is beyond the affordability of state governments.
    • It argued that if Rs 4 lakh is paid to the kin of each, it “may possibly” consume the entire amount of the State Disaster Relief Fund (SDRF).
    • This would leave states with insufficient funds for organizing a response to the pandemic, or to take care of other disasters.
    • The centre argued that the term ex gratia itself means the amount is not based on legal entitlement.

    Way ahead

    • A broader approach, which involves health interventions, social protection, and economic recovery for the affected communities would be a more prudent, responsible, and sustainable approach.
  • What is Recusal of Judges?

    In the last week, two Supreme Court judges have recused themselves from hearing cases relating to West Bengal.

    Can you list down some basic principles of judicial conduct?

    Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.

    What is the Recusal of Judges?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Rules on Recusals

    • There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
    • The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
    • The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.

    Issues with recusal

    • Recusal is also regarded as the abdication of duty. Maintaining institutional civilities are distinct from the fiercely independent role of the judge as an adjudicator.
    • In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
    • It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.
  • Why is China targeting Cryptocurrencies?

    China’s crackdown against cryptocurrencies, which are those that aren’t sanctioned by a centralized authority and are secured by cryptography, is said to have a lot to do with the crashing of the value of cryptocurrencies.

    Background

    • The price of the world’s most prominent cryptocurrency Bitcoin has more than halved in the last two months after hitting a peak in mid-April.
    • The second-most valuable cryptocurrency, Ether, has seen a similar fall from its peak last month.

    What is Cryptocurrency?

    • A cryptocurrency is a form of digital asset based on a network that is distributed across a large number of computers.
    • This decentralized structure allows them to exist outside the control of governments and central authorities.
    • The word “cryptocurrency” is derived from the encryption techniques which are used to secure the network.
    • Blockchains, which are organizational methods for ensuring the integrity of transactional data, are an essential component of many cryptocurrencies.
    • Many experts believe that blockchain and related technology will disrupt many industries, including finance and law.
    • Cryptocurrencies face criticism for a number of reasons, including their use for illegal activities, exchange rate volatility, and vulnerabilities of the infrastructure underlying them. However, they also have been praised for their portability, divisibility, inflation resistance, and transparency.

    What has China done?

    • In recent weeks, China has reportedly cracked down on crypto mining operations.
    • The country has over the years accounted for a large percentage of the total crypto mining activity that takes place.
    • In purpose, Bitcoin miners play a similar role to gold miners — they bring new Bitcoins into circulation.
    • They get these as a reward for validating transactions, which require the successful computation of a mathematical puzzle.
    • And these computations have become ever-increasingly complex, and therefore energy-intensive in recent years. Huge mining operations are now inevitable if one is to mine Bitcoins.

    Why is Crypto mining booming in China?

    • Access to cheap electricity has made mining lucrative in China.
    • According to the Cambridge Bitcoin Electricity Consumption Index, China accounted for nearly two-thirds of the total computational power last year.

    For an ‘unregulated’ market

    • Actually, there is little change in the policy as far as China is concerned. It first imposed restrictions on cryptocurrencies way back in 2013.
    • It then barred financial institutions from handling Bitcoin.
    • Four years later, it barred what are called initial coin offerings, under which firms raise money by selling their own new cryptocurrencies.
    • This is largely an unregulated market.

    What does China want?

    • An inter-ministerial committee report in India two years ago noted that in 2017, the government of China also banned trading between RMB (China’s currency renminbi) and cryptocurrencies.
    • Before the ban, RMB made up 90% of Bitcoin trades worldwide.
    • The fact that cryptocurrencies bypass official institutions has been a reason for unease in many governments.
    • Not just that. The anonymity that it offers aids in the flourishing of dark trades online.
    • While many countries have opted to regulate the world of cryptocurrencies, China has taken the strictest of measures over the years.
    • According to observers, the latest set of measures are to strengthen its monetary hold and also project its new official digital currency.

    For a digital Yuan

    • China launched tests for a digital yuan in March.
    • Its aim is to allow Beijing to conduct transactions in its own currency around the world, reducing dependency on the dollar which remains dominant internationally.

    Also read:

    Legalizing Bitcoin in El Salvador and takeaways for India

  • What is Chicago Convention of 1944?

    A private commercial flight was forced to make an emergency landing in Minsk by a MiG-29 fighter jet of Belarus.  The incident received considerable global attention.

    How justified was Belarus in taking such a decision?

    • The answer lies at the junction of Belarus’s domestic laws as a sovereign country and international laws governing the action that states can legitimately take to deal with threats to security, real or perceived.
    • The issue of the use of military aircraft to neutralize potential threats posed by civilian aircraft acquired a different kind of urgency in the aftermath of terrorist attacks in the US on September 11, 2001.
    • Generally speaking, international law grants sovereignty to nations over their airspace as it does in territorial waters.

    The Chicago Convention of 1944

    • The Convention on International Civil Aviation, better known as the Chicago Convention of 1944, to which Belarus is a signatory state, prohibits any unlawful intervention against a civilian aircraft.
    • At the same time, it has various provisions under Article 9 which permit a sovereign state the right to impose restrictions.
    • This includes enforced landings at a designated airport in its territory, in “exceptional circumstances or during a period of emergency, or in the interest of public safety”.
    • Once a flight has landed, Article 16 provides the host country the right to board/search the aircraft.
    • This is probably the clause that provided cover for the local authorities to board Mr. Morales’s aircraft in Austria in 2013.
    • But the Chicago Convention applies only to civilian aircraft of the contracting parties.

    Other such laws

    • International law might also have to be examined in light of the International Air Services Transit Agreement (IASTA), also concluded in Chicago in 1944.
    • According to this agreement, contracting states grant to one another the freedom of air transit in respect of scheduled international air services, that is, the privilege to fly across territories without landing.
    • Belarus is not a signatory of IASTA.
  • First-ever genetically modified rubber planted in Assam

    A Rubber Board research farm on the outskirts of Guwahati now sports the world’s first genetically modified (GM) rubber plant tailored for the climatic conditions in the Northeast.

    GM rubber

    • The GM rubber has additional copies of the gene MnSOD, or manganese-containing superoxide dismutase, inserted in the plant.
    • The plant was developed at the Kerala-based Rubber Research Institute of India (RRII).
    • It is expected to tide over the severe cold conditions during winter — a major factor affecting the growth of young rubber plants in the region.

    Why need GM rubber?

    • Natural rubber is a native of warm humid Amazon forests and is not naturally suited for the colder conditions in the Northeast, which is one of the largest producers of rubber in India.
    • Growth of young rubber plants remains suspended during the winter months, which are also characterized by progressive drying of the soil.
    • This is the reason for the long immaturity period of this crop in the region.

    What does MnSOD gene offer?

    • The MnSOD gene has the ability to protect plants from the adverse effects of severe environmental stresses such as cold and drought.
    • Laboratory studies conducted at the RRII showed the GM rubber plants overexpressed the MnSOD gene as expected, offering protection to the cells.
    • The plant is thus expected to establish well and grow fast in the region.
    • There was no risk of genes flowing from the GM rubber into any other native species, a concern often raised by environmental groups against GM plants in general.
  • Species in news: Pygmy Hogs

    Few captive-bred pygmy hogs, the world’s rarest and smallest wild pigs, were released in the Manas National Park of western Assam under the Pygmy Hog Conservation Programme (PHCP).

    Pygmy Hogs

    • The pygmy hog (Porcula salvania) is a native to alluvial grasslands in the foothills of the Himalayas at elevations of up to 300 m (980 ft).
    • Today, the only known population lives in Assam, India and possibly southern Bhutan.
    • As the population is estimated at less than 250 mature individuals, it is listed as Endangered on the IUCN Red List.
    • It is designated as a Schedule I species in India under the Wildlife Protection Act, 1972, and offences against them invite heavy penalties.

    About Pygmy Hog Conservation Programme (PHCP)

    • The PHCP is a collaboration among Durrell Wildlife Conservation Trust of UK, Assam Forest Department, Wild Pig Specialist Group of IUCN and Union Environment Ministry.
    • It is currently being implemented by NGOs Aaranyak and EcoSystems India.
    • Six hogs — two males and four females — were captured from the Bansbari range of the Manas National Park in 1996 for starting the breeding programme.
    • The reintroduction programme began in 2008 with the Sonai-Rupai Wildlife Sanctuary (35 hogs), Orang National Park (59) and Barnadi Wildlife Sanctuary (22).

    Now answer this PYQ in the comment box:

    Q.Consider the following :

    1. Star tortoise
    2. Monitor lizard
    3. Pygmy hog
    4. Spider monkey

    Which of the above found in India?

    (a) 1, 2 and 3 only

    (b) 2 and 3 only

    (c) 1 and 4 only

    (d) 1, 2, 3 and 4

  • A regulatory hurdles could stifle e-commerce

    The article highlights the risk of stifling the e-commerce sector due to the government’s propensity for its regulation to protect the local traders.

    Efforts to shield local retailers

    • India began to open up its economy three decades ago, but efforts to shield local retailers resulted in a retail sector fraught with a thicket of rules.
    • With the web’s reach expanding rapidly, online retail is expected to grab a fast-widening slice of a pie placed at above $880 billion last year and projected at $1.3 trillion in 2024.
    • Such a huge opportunity has set the stage for a grand e-com confrontation, with our two biggest business houses gearing up to take on a duopoly of US-based Amazon and Walmart-owned Flipkart.
    • The more fiercely e-com is contested, the tighter this sector’s straps seem to get.

    What are the new regulations?

    • The Centre put out proposals to tighten e-com regulations for consumer protection.
    • E-com firms must appoint resident officers to address grievances and monitor rule-compliance, and then be ready to share information sought by authorities within 72 hours.
    • For the sake of “free and fair competition”, they must label all wares on their websites by country-of-origin, offer local alternatives, keep search results unbiased, not sell anything to anyone registered as a ‘seller’ with them, not conduct deep-discount flash sales of cherry-picked products.
    • Restriction on aiding associated enterprises with any helpful data gleaned by their algorithms.
    • As another measure to assure small enterprises an even field, they must also ensure that their logistical systems support all sellers in the same category equally.
    • As it happens, this attempt to straitjacket e-com platforms coincides with an antitrust probe of ‘unfair practices’ ascribed to Amazon and Flipkart.

    Issues with regulations

    • Some of these sound too vague and subjective to adopt.
    • Even if clear criteria are specified for their adoption and they actually serve to curtail brand favouritism, they would leave e-com majors with too little autonomy to devise strategies of service differentiation for a competitive edge.
    • The perception of e-com majors being bullies, however, does not seem very widely shared among their customers, few of whom complain of either insufficient rivalry or choice deprivation online. 

    Conclusion

    What e-com users are now at risk of suffering, though, is a hobbled industry. If all e-com websites are forced into a statist mould meant for generic market platforms, these companies could lose their ability to set themselves apart, outperform rivals and serve the market’s ultimate cause.

  • UPSC Prelims Strategy Demystified|| Register and get ART of Tikdam Handbook curated by AIR 20

    UPSC Prelims Strategy Demystified|| Register and get ART of Tikdam Handbook curated by AIR 20

    Click on the link provided to experience our Mentorship through a free mentorship call and as added bonus you can also get FREE ‘Art of Tikdam’ Handbook by Dr Vipin Garg (UPSC Rank 20) on your registered email.

    Prelims can be scary.

    The preliminary Stage is the first step to your LBSNAA dream. More than 5 lakh candidates appear for prelims every year. But only 10,000 to 13,000 students make it for Mains. This stage is known for its BRUTAL ELIMINATION.

    Many toppers have struggled with prelims !! Even the level of questions in prelims have been raised by UPSC – It is becoming more tricky, less factual, and more conceptual.

    WHAT IS THE BEST STRATEGY FOR PRELIMS?

    Never forget your basics.

    • Revision: Your static syllabus should be revised at least 2-3 times before you sit for your prelims paper. Make no mistake of thinking that only current affairs can help you sail through the examination. The static portion has its own importance, don’t ignore it.
    • Attempt UPSC previous year paper: It is a crime if you go for prelims paper without attempting the last 10 years UPSC prelims papers, Period
    • Attempt Mock Tests: More mocks means more practice, more revisions, and fewer mistakes on the D – Day.

    If you are secure with these basic steps then what’s next?

    WHAT ELSE CAN YOU DO TO SECURE PRELIMS?

    Mentorship: Mentorship can help you prepare more efficiently for prelims. Both 2021 and 2022 students can benefit from Mentorship.

    For 2021students, the prelims is within 3.5 months. You still have 1 month, where you can plan and strategize for prelims. Our mentors can gauge your level of preparation, help you with your doubts and suggest the last-minute MUST preparatory tools for prelims.

    For 2022 students, it is important that you start on the right path. Get in contact with our mentorship program to take benefits of customized schedule, on-call doubt resolutions, and weekly calls for performance evaluation.

    Click on the link provided to experience our Mentorship through a free mentorship call and as added bonus you can also get FREE ‘Art of Tikdam’ Handbook on your registered email.

    Tikdam: UPSC is an intelligent test taker. It not only wants to test your comprehension (of syllabus) but also your ability to perform under pressure (& lack of information). How would you solve a “factual” question which gives an illusion of the necessity of “rote-learning”? By ensuring that your core fundamentals are strong and then using the Art of Tikdams to go for the best approximation among the answer choices!

    We have been hammering on the importance of logical thinking and the art of Tikdam along with sound preparation as essential ingredients to clear prelims examination for quite some time now.

    Make no mistake, this is a GOLDMINE of practical wisdom.

    Click on the link provided to experience our Mentorship through a free mentorship call and as added bonus you can also get FREE ‘Art of Tikdam’ Handbook on your registered email.

    Art of Tikdam Handbook – Description

    This is an advanced level compilation on choicest IAS Prelims questions, penned down by Vipin Garg, AIR 20 (CSE 2015).

    These 20 pages contain elaborate expositions on the application of what we at Civilsdaily refer to as TIKDAMS.

    With 19 questions & unique explanations using the 3 types of Tikdam approaches, we present to you this unprecedented piece of literature in the history of IAS Prelims Approach Methodology.

  • Delimitation in Jammu and Kashmir: how, why

    The Union government’s invitation to 14 key political leaders from Jammu and Kashmir for a meeting with the PM has led to speculation about the possible scheduling of the Assembly elections. However, the delimitation of constituencies is crucial for kick-starting any political process in J&K.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.

    Do not forget to answer this PYQ in the comment box:

    Q.With reference to the Delimitation Commission, consider the following statements:

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    How often has delimitation been carried out in J&K?

    • Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status — which was scrapped by the Centre in August 2019.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under President’s Rule and was based on the 1981 census, which formed the basis of the state elections in 1996.
    • There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze until 2026.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    What is the status of this 2020 Delimitation?

    • Although the Commission was tasked to finish delimitation in a year, on March 4 this year, it was granted a year’s extension.
    • This was done at the request of the panel members since it couldn’t make much progress due to the Covid-19-induced shutdown across the country.

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