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  • MoEFCC clears rail track in Western Ghats despite red flags

    The Ministry of Environment, Forest and Climate Change has cleared a rail project in the Western Ghats spread across Goa and Karnataka, which can endanger its wildlife.

    About the project:

    • The project is the doubling the track of Hospet-Hubballi-Londa-Vasco Da Gama railway line by the Rail Vikas Nigam Ltd (RVNL).
    • It involves doubling of the 353-kilometre-long railway track in Karnataka and Goa passing through the Western Ghats.

    Western Ghats:

    • The Western Ghats mountain range runs along the western side of India.
    • The Ghats are older than the Himalayas.
      • The range is known as Sahyadri in Maharashtra and Karnataka.
    • It runs, about 1600 km, North to South, along the western edge of the Deccan Plateau.
    • It originates near the border of Gujarat and Maharashtra, and runs through the states of Maharashtra, Goa, Karnataka, Tamil Nadu and Kerala, finally ending at Kanyakumari.
    • These hills form the catchment area for complex riverine drainage systems that drain almost 40% of India.
    • Height:
      • The average elevation is about 1,200 m.
      • Anaimudi (2695 m), is the highest peak of the Western Ghats, situated in Eravikulam National Park, Kerala.
    • Rocks found:
      • Basalt is the predominant rock found in the hills reaching a thickness of 3 km.
      • Other rocks: Granite gneiss, metamorphic gneisses with detached occurrences of crystalline limestone, iron ore, dolerites and anorthosites.
    • Major gaps in the range:
      • Goa Gap between the Maharashtra and Karnataka sections.
      • Palghat Gap on the Tamil Nadu and Kerala border between Nilgiri Hills and Anaimalai Hills.
    • Recognitions:
      • It is one of the eight hottest hotspots of biological diversity in the world.
      • In 2012, thirty-nine places in the Western Ghats region have been declared as World Heritage Sites by the UNESCO.
    • Flora and Fauna:
      • There are at least 139 mammal species.
      • It includes the critically endangered Malabar large-spotted civet and the endangered lion-tailed macaque.

  • India invokes peace clause again as rice subsidies exceed 10% cap

    India has invoked the peace clause at the World Trade Organization (WTO), for the second time, for exceeding the 10 per cent ceiling on support it offered its rice farmers.

    • India had earlier invoked the clause for 2018-19, when it became the first country to do so.
    • India informed the WTO that the value of its rice production in 2019-20 was $46.07 billion while it gave subsidies worth $6.31 billion, or 13.7 per cent as against the permitted 10 per cent.

    What is Peace Clause?

    • The peace clause protects India’s food procurement programmes against action from WTO members in case the subsidy ceilings – 10 per cent of the value of food production in the case of India and other developing countries – are breached.

    What does India told to WTO?

    • India’s breach of commitment for rice arises from support provided in pursuance of public stockholding programmes for food security purposeswhich were in existence as on the date of the Bali Ministerial Decision on Public Stockholding for Food Security Purposes.
    • India said that under its public stockholding programmes for food security purposes, rice, wheat, coarse cereals and pulses, among others, are acquired and released in order to meet the domestic food security needs of the country’s poor and vulnerable population, and “not to impede commercial trade or food security of others. For these reasons only the breach of the de minimis limits for rice is covered by the peace clause.
      Government does not undertake exports on a commercial basis from public stockholdings. Additionally, open market sales of food grains from public stockholding are made provided the buyer gives an undertaking of not exporting from such purchase.
    • The peace clause can’t be challenged and because of this flexibility, distribution of food grains to the poor can be done for free which is crucial during the pandemic.
    • India ensures food security through the minimum support price (MSP) programme, and Public Distribution System and National Food Security Act, 2013.

    Subsidies of WTO:

    • In WTO terminology, subsidies in general are identified by “boxes” which are given the colours of traffic lights: green (permitted), amber (slow down — i.e. need to be reduced), red (forbidden).
    • In agriculture, things are, as usual, more complicated.
      • The Agriculture Agreement has no red box.
      • Domestic support exceeding the reduction commitment levels in the amber box is prohibited
      • There is a blue box for subsidies that are tied to programmes that limit production.
    • There are also exemptions for developing countries (sometimes called an “S&D box” or “development box”, including provisions in Article 6.2 of the Agreement).

    Amber Box:

    • Nearly all domestic support measures considered to distort production and trade (with some exceptions) fall into the amber box, which is defined in Article 6 of the Agriculture Agreement as all domestic supports except those in the blue and green boxes.
    • These include measures to support prices, or subsidies directly related to production quantities.
    • These supports are subject to limits: “de minimis” minimal supports are allowed (generally 5% of agricultural production for developed countries, 10% for developing countries); 32 WTO members that had larger subsidies than the de minimis levels at the beginning of the post-Uruguay Round reform period are committed to reduce these subsidies.
    • The reduction commitments are expressed in terms of a “Total Aggregate Measurement of Support”.

    Blue Box:

    • This is the “amber box with conditions” — conditions designed to reduce distortion.
    • Any support that would normally be in the amber box, is placed in the blue box if the support also requires farmers to limit production (details set out in Paragraph 5 of Article 6 of the Agriculture Agreement).
    • At present there are no limits on spending on blue box subsidies.

    Green box:

    • The green box is defined in Annex 2 of the Agriculture Agreement.
    • In order to qualify, green box subsidies must not distort trade, or at most cause minimal distortion.
    • They have to be government-funded (not by charging consumers higher prices) and must not involve price support.
    • They tend to be programmes that are not targeted at particular products, and include direct income supports for farmers that are not related to current production levels or prices. They also include environmental protection and regional development programmes.
    • Green box” subsidies are therefore allowed without limits, provided they comply with the policy-specific criteria set out in Annex 2.

  • Proposal to amend animal cruelty Act: strict measures suggested

    India’s antiquated animal cruelty law may finally get some teeth after around sixty years after its enactment.

    What are the amendments?

    • The Centre’s Animal Husbandry department has suggested adding to the 1960 legislation a stringent new section that addresses the killing of animals and “gruesome cruelty” towards them.
    • This section calls for imprisonment of up to five years and steep penalties that may go up to Rs 75,000.
    • The department has also proposed amending the Prevention of Cruelty to Animals Act to hike the penalty for first-time offenders from the paltry “minimum of Rs 10 to maximum of Rs 50” to “not less than Rs 750 extended up to Rs 3,750 per animal”.
    • The Union Ministry of Fisheries, Animal Husbandry and Dairying set the ball rolling for the amendment of the legislation with Joint Commissioner (AH) Dr S K Dutta inviting suggestions from stakeholders at a webinar.

    Its proposed new section, meanwhile, has the following provisions—

    • 11 (A): Gruesome cruelty or life-threatening cruelty against animals, for which the penalty is Rs 50,000 per animal or the cost of the animal as determined by a jurisdictional veterinarian. This carries imprisonment of one year which may extend to three years or both.
    • 11 (B): Killing of an animal for which the penalty is Rs 75,000 per animal or three times the cost of the animal as determined by the jurisdictional veterinarian, whichever is more, with imprisonment of three years which may extend to five years or both.
    • 11 (C): Exceptions (exemption to section 11 (B) killing of an animal): i) accident ii) in defence of self or property (iii) by an act of god or war (iv) any other unforeseen circumstance outside the control of any person in general.

    Steps taken for welfare of animals in India:

    • The Prevention of Cruelty to Animals Act 1960 recognises that animals can suffer physically and mentally, and is applicable to ‘all living creatures’.
    • The Constitution also enshrines the principle of ahimsa and mandates to all citizens of India to ‘have compassion for living creatures’.
    • The Animal Welfare Board of India (AWBI) is the central body responsible for animal welfare in the country.
    • The National Institute for Animal Welfare created in 1999, has the broad mandate to improve animal welfare through research, education and public outreach.

  • Polity Titbits: Functions/powers of executive

     

    20th Apr 2021

    Executive

    Titbits

    1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
    2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
    3. MLCs not included in electoral college of either president or VP
    4. Value of votes of all elected MPs = Value of votes of all elected MLAs
    5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
    6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
    7. Impeachment for violation of constitution by ⅔ absolute majority
    8. Vacancy in presidential office, VP and in his absence CJI
    9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
    10. President appoints judges of supreme court as well as high court
    Issue President Governor
    Head Head of the country, head of govt is PM Head of a state, head of govt is CM
    Executive power All executive action in his name Same
    Oath Preserve, protect and defend the constitution Same
    Appointment Indirect election Nominated by president; representative of union in states
    Removal Impeachment President can remove him any time/ pleasure principle
    Grounds of removal Violation of constitution No grounds mentioned
    Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements)
    Ordinance Art 123, when either house is not in session, not for CAB Art 213, same
    Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same
    Money bill Can’t send for reconsideration (after all president himself recommends the bill) same
    Constitution amendment bill Has to give his assent (24th amendment) No role
    if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor
    If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role
    Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters

     

    Bills which must be reserved for President’s consideration

    1. bills derogating the powers of the High Court (art 200)
    2. imposition of taxes on water or electricity in certain cases (Article 288)
    3. during a Financial Emergency (art 360)

     

    Bills which may be reserved for President’s consideration and assent for specific purposes

    a). To secure immunity from operation of Articles 14 and 19. These are Bills for

    1. acquisition of estates, etc.  (Article 31A(I (b))
    2. giving effect to Directive Principles of State Policy (Article 31C)

    (b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

    (c) Legislation imposing restrictions on trade and commerce

     

    Titbits

      1. President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
      2. Ministers are appointed on the advice of PM or CM (no discretion)

     

    • CM of UTs is appointed by President not Lt. Governor

     

    1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
    2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
    3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
    4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
    5. The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)

     

    Governor of state  v/s LG of Delhi

      Governor/ state LG/ Delhi
    Appointment of CM/ ministers By governor By president
    Ministers hold office till pleasure of Governor President
    Discretion Very limited Can refer any matter to president if not satisfied
    Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature

     

    Civil services

    While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.

    All India Services: Common to both centre and states

    1. Recruitment by the centre, serve under states
    2. 3 all India services – IAS, IPS and Indian forest services <created in 1968>
    3. Parliament can create a new IAS if RS passes a resolution by ⅔ majority
    4. Central govt makes service rules in consultation with state govt
    5. Work under the pleasure of the president with safeguards

  • 20th April 2021 | Prelims Daily with Previous Year Questions

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  • 20 April 2021 | Nikaalo Prelims Quiz- TS 03 – Geography Test 1: Physical Geography; World Geography and Mapping

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  • Meghalaya records India’s first bat with sticky disks

    About the species

    • A team of scientists from the Zoological Survey of India (ZSI) and a few European natural history museums stumbled upon very specialised small bat with “disk-like pads in the thumb and bright orange colouration”.
    • The flattened skull and sticky pads enabled the bats to roost inside cramped spaces, clinging to smooth surfaces such as bamboo internodes.
    • The disk-footed bat was also found to be genetically very different from all other known bats bearing disk-like pads.

    Significance

    • Meghalaya has yielded India’s first bamboo-dwelling bat with sticky disks, taking the species count of the flying mammal in the country to 130.
    • The disk-footed bat has raised Meghalaya’s bat count to 66, the most for any State in India.
    • It has also helped add a genus and species to the bat fauna of India.
    • There are a couple of other bamboo-dwelling bats in India.
    • But the extent of adaptation for bamboo habitat in this species is not seen in the others.

  • Agriculture policy should target India’s actual farming population

    The article highlights the ambiguity about the number of farmers in India and related issues.

    How many farmers does India really have

    • The Agriculture Ministry’s last Input Survey for 2016-17 pegged the total operational holdings at 146.19 million.
    • The NABARD All India Rural Financial Inclusion Survey of the same year estimated the country’s “agricultural households” at 100.7 million.
    • The Pradhan Mantri Kisan Samman Nidhi (PM-Kisan) has around 111.5 million enrolled beneficiaries.
    • Agricultural households, as per NABARD’s definition, cover any household whose value of produce from farming activities is more than Rs 5,000 during a year.
    • That obviously is too little to qualify as living income.

    Who is real farmer

    • Agricultural households, as per NABARD’s definition, cover any household whose value of produce from farming activities is more than Rs 5,000 during a year.
    • That obviously is too little to qualify as living income.
    • A “real” farmer is someone who would derive a significant part of his/her income from agriculture.
    • This, one can reasonably assume, requires growing at least two crops in a year.
    • The 2016-17 Input Survey report shows that out of the total 157.21 million hectares (mh) of farmland with 146.19 million holdings, only 140 mh was cultivated.
    • And even out of this net sown area, a mere 50.48 mh was cropped two times or more, which includes 40.76 mh of irrigated and 9.72 mh of un-irrigated land.
    • Taking the average holding size of 1.08 hectares for 2016-17, the number of “serious full-time farmers” cultivating a minimum of two crops a year  would be hardly 47 million.
    • The above figure is also consistent with other data from the Input Survey.
    • These pertain to the number of cultivators planting certified/high yielding seeds (59.01 million), using own or hired tractors (72.29 million) and electric/diesel engine pumpsets (45.96 million), and availing institutional credit (57.08 million).
    • Whichever metric one considers, the farmer population significantly engaged and dependent on agriculture as a primary source of income is well within 50-75 million.
    • The current agriculture crisis is largely about these 50-75 million farm households.

    Lack of price parity

    • At the heart of farmers’ crisis is the absence of price parity.
    • In 1970-71, when the minimum support price (MSP) of wheat was Rs 76 per quintal, 10 grams of 24-carat gold cost about Rs 185.
    •  Today, the wheat MSP is at Rs 1,975/quintal, gold prices are Rs 45,000/10g.
    • The absence of farm price parity didn’t hurt much initially when crop productivity was rising.
    • Since the 1990s, yields have further gone up to 5.1-5.2 tonnes/hectare in wheat and 6.4-6.5 tonnes for paddy. But so have production costs. 
    • The demand for making MSP a legal right is basically a demand for price parity that gives agricultural commodities sufficient purchasing power with respect to things bought by farmers.

    Way forward

    • Most government welfare schemes are aimed at poverty alleviation and uplifting those at the bottom of the pyramid.
    • But there’s no policy for those in the “middle” and in danger of slipping to the bottom.
    •  When crop prices fail to keep pace with escalating costs — of not only inputs, but everything the farmer buys — the impact is on the 50-75 million surplus producers.
    • Any “agriculture policy” has to first and foremost address the problem of price parity.
    • Farmers’ interest be even better served by the government guaranteeing a minimum “income” rather than “price” support.
    • Subsistence or part-time agriculturalists, on the other hand, would benefit more from welfare schemes and other interventions to boost non-farm employment.

    Conclusion

    Whether it is crop, livestock or poultry, agriculture policy has to focus on “serious full-time farmers”, most of them neither rich nor poor. This rural middle class that was once very confident of its future in agriculture today risks going out of business. That shouldn’t be allowed to happen.

  • 19th April 2021 | Prelims Daily with Previous Year Questions

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  • The Election Commission of India cannot be a super government

    The article highlights the issue of lack of clarity on the extent of the power of the Election Commission of India.

    Where ECI derives its power from

    • Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner that Article 324 contains plenary powers to ensure free and fair elections.
    • These plenary powers are vested in the ECI which can take all necessary steps to achieve this constitutional object.
    • Thus, the model code of conduct has been issued in exercise of its powers under Article 324.
    • Besides the code, the ECI issues from time to time directions, instructions and clarifications on a host of issues which crop up in the course of an election.

    The model code of conduct

    • The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and governments to adhere to during an election.
    • This code is based on consensus among political parties.
    • The model code is observed by all stakeholders for fear of action by the ECI.
    • However, there exists a considerable amount of confusion about the extent and nature of the powers which are available to the ECI in enforcing the code as well as its other decisions in relation to an election.

    Issues with model code of conduct

    1) Issue of enforceability

    • As the code of conduct is framed on the basis of a consensus among political parties, it has not been given any legal backing.
    • A committee of Parliament recommended that the code should be made a part of the Representation of the People Act 1951.
    • However, the ECI did not agree to it on the ground that once it becomes a part of the law, all matters connected with the enforcement of the code will be taken to court, which would delay elections.
    • But then the question about the enforceability of the code remains unresolved.
    • Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 says that the commission may suspend or withdraw recognition of a recognised political party if it refuses to observe the model code of conduct.
    • But it is doubtful whether this provision is legally sustainable.
    • When the code is legally not enforceable, how can the ECI resort to a punitive action such as withdrawal of recognition?

    2) Transfer of officials

    • Observers of ECI report to it about the conduct of certain officials of the States where elections are to be held.
    • Transfer of an official is within the exclusive jurisdiction of the government.
    • It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
    • Transfer of an official is within the exclusive jurisdiction of the government.
    • It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
    • Further, to assume that a police officer or a civil servant will be able to swing the election in favour of the ruling party is extremely unrealistic and naive.

    3) ECI’s intervention in administrative decisions

    • According to the model code, Ministers cannot announce any financial grants in any form, make any promise of construction of roads, provision of drinking water facilities, etc or make any ad hoc appointments in the government. departments or public undertakings.
    • These are the core guidelines relating to the government.
    • But in reality, no government is allowed by the ECI to take any action, administrative or otherwise, if the ECI believes that such actions or decisions will affect free and fair elections.
    • A recent decision of the ECI to stop the Government of Kerala from continuing to supply kits containing rice, pulses, cooking oil, etc is a case in point.
    • The Supreme Court had in S. Subramaniam Balaji vs Govt. of T. Nadu & Ors (2013) held that the distribution of colour TVs, computers, cycles, goats, cows, etc, done or promised by the government is in the nature of welfare measures and is in accordance with the directive principles of state policy, and therefore it is permissible during an election.
    • So, how can the distribution of essential food articles which are used to stave off starvation be electoral malpractice?

    Consider the question “The model code of conduct issued by the Election Commission of India is in the forms of guidelines and lacks legal backing. In light of this, examine the issues that arise due to the lack of legal backing.”

    Conclusion

    There is no doubt that the ECI, through the conduct of free and fair elections in an extremely complex country, has restored the purity of the legislative bodies. However, no constitutional body is vested with unguided and absolute powers.

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