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  • 18th November 2021| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1     Population and associated issues

    GS-2     Statutory, Regulatory and various Quasi-judicial Bodies.

    GS-3     Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

    GS-4    Case Studies

    Questions:

    Question 1)

     

    Q.1 Development-induced displacement is a recurring phenomenon in India and the poor and marginalised are hit the hardest by it. Examine. (15 Marks)

     

    Question 2)

    Q.2 What are the challenges facing the Central Bureau of Investigation? Suggest the measures to help it deal with these challenges. (10 Marks)

    Question 3)

    Q.3 Decarbonising power sector in India holds key to its journey towards decarbonising Indian economy. In context of this, suggest the strategy and approach that needs to be adopted to decarbonising the power sector in India. (10 Marks)

    Question 4)  

    Q.4 Given the rising tide of Covid induced fatalities, the government is under extreme pressure to deliver some vaccine to the population. You are the Cabinet Secretary to the Government of India. You are heading the committee to oversee the process of vaccine development and distribution to fight against the Covid outbreak in the country. You have been asked to expedite the process and come up with a solution at the earliest. Some vaccines are available around the globe, but they are in limited supply and also expensive. One of the indigenously developed vaccine has shown initial positive results, but health experts have raised concerns over its safety, efficacy and the methodology being followed for its approval. Other promising vaccines under development, following a rigorous methodology, may take months to enter the market. In this context: (a) What are the critical issues involved in the case? (b) Explain, with relevant reasons, the course of action that you would take. (20 Marks)

     

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?

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  • India-Maldives Relations in recent times

    The Government of Maldives has said that it “strongly rejects attempts to spread false information” criticizing its ties with India, its “closest ally and trusted neighbor”.

    The India-Out Campaign

    • Maldivian protesters recently demanded the Solih administration to ‘stop selling national assets to foreigners’, implying India.
    • ‘India Out’ campaign in Maldives had started sometime last year as on-ground protests in the Maldives and later widely spread across social media platforms under the same hashtag.
    • It is not related to people-to-people conflict (Indian diaspora) but is discontent on close relationship between Maldivian government & India.

    Causes for the anti-India sentiments

    • Political instability: The anti-India sentiment is nearly a decade old and can be traced back to when Abdulla Yameen Abdul Gayoom became president in 2013. He used anti-India sentiments for his political mobilization and started tilting China.
    • Controversy over helicopter gift: Two Dhruv Advanced Light Helicopters (ALF) that were given by India to the Maldives for ocean search-and-rescue operations. Opposition tried to portray this as military presence in the country.
    • Confidential agreements: Most agreements being signed between the Ibrahim Solih government and India are backdoor and has not been publicly discussed in the Maldives Parliament.
    • Alleged interference in domestic politics: India being a big neighbour, there are unsubstantiated perceptions & allegations on Indian Diplomats stationed in Maldives interfering in Domestic affairs.

    India-Maldives Relations: A backgrounder

    • India and Maldives are neighbors sharing a maritime border.
    • Both nations established diplomatic relations after the independence of Maldives from British rule in 1966.
    • India was one of the first nations to recognize Maldives’ independence.
    • Since then, India and Maldives have developed close strategic, military, economic and cultural relations.
    • Maldivians generally regard Indians and India as a friend and trusted neighbor in the field economic, social and political.

    Restoration of ties

    • Ibrahim Mohamed Solih who became President in 2018 has restored Maldives close ties with India.

    Major irritants in ties

    • Political Instability: India’s major concern has been the impact of political instability in the neighborhood on its security and development.
    • Increasing radicalization: In the past decade or so, the number of Maldivians drawn towards terrorist groups like the Islamic State (IS) and Pakistan-based jihadist groups has been increasing.
    • Inclination towards terror: Radicalism in the island nation has increased the possibility of Pakistan based terror groups using remote Maldivian islands as a launch pad for terror attacks against India and Indian interests.
    • Chinese affinity: China’s strategic footprint in India’s neighborhood has increased. The Maldives has emerged as an important ‘pearl’ in China’s “String of Pearls” construct in South Asia.

    Recent gestures by India

    [1] 2014 Malé drinking-water crisis

    • In the wake of a drinking water crisis in Malé in December 2014, following collapse of the island’s only water treatment plant, Maldives urged India for immediate help.
    • India came to rescue by sending its heavy lift transporters like C-17 Globemaster III, Il-76 carrying bottled water.

    [2] 2020 Covid-19 crisis

    • During the COVID-19 crisis of 2020, India extended help to Maldives in the form of financial, material and logistical support.
    • Also, the IAF airlifted 6.2 tonnes of essential medicines and hospital consumables to Maldives, as part of ‘Operation Sanjeevani’.

    [3] Greater Male Connectivity Project

    • India has recently announced the signing of a $500-million infrastructure project for the construction of the Greater Malé Connectivity Project (GMCP).
    • This infrastructure project, the largest-ever by India in the Maldives, involves the construction of a 6.74-km-long bridge and causeway link.

    Why is Maldives significant for India?

    • Increasing maritime cooperation: As maritime economic activity in the Indian Ocean has risen dramatically in recent decades, the geopolitical competition too in the Indian Ocean has intensified.
    • Toll Gate in Indian Ocean: It is situated at the hub of commercial sea-lanes running through the Indian Ocean. More than 97% of India’s international trade by volume and 75% by value passes through the region.
    • Naval cooperation: Maldives is an important partner in India’s role as the net security provider in the Indian Ocean Region.
    • Important SAARC member: Besides, Maldives is a member of the South Asian Association for Regional Cooperation (SAARC) and the South Asia Subregional Economic Cooperation (SASEC).
    • People To People Contact: There is a significant population of Maldivian students in India. They are aided by a liberal visa-free regime extended by India. There is also medical tourism.
    • Major destination for Tourists: Tourism is the mainstay of the Maldivian economy. The country is now a major tourist destination for some Indians and a job destination for others.

    Conclusion

    • There is a significant Indian diaspora in the Maldives. Innumerable Indians work across the hospitality, education, and health-care sectors of the Maldives economy.
    • India must use its Diaspora more extensively for strengthening its relations.

     

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  • Universal Service Obligation Fund (USOF)

    The Union Cabinet has approved the provisioning of mobile services in over 7,000 uncovered villages through the Universal Service Obligation Fund (USOF).

    What do you mean by Universal Service?

    • In the modern world, universal service refers to having a phone and affordable phone service in every home.
    • It means, providing telecommunication service with access to a defined minimum service of specified quality to all users everywhere at an affordable price.
    • In 1837, the concept was rolled on by Rowland Hill, a British educator and tax reformer, which included uniform rates across the UK and prepayment by sender via postage stamps.

    What is USOF?

    • The Universal Service Obligation Fund (USOF) was formed by an Act of Parliament, was established in April 2002 under the Indian Telegraph (Amendment) Act 2003.
    • It aims to provide financial support for the provision of telecom services in commercially unviable rural and remote areas of the country.
    • It is an attached office of the Department of Telecom, and is headed by the administrator, who is appointed by the central government.

    Scope of the USOF

    • Initially, the USOF was established with the fundamental objective of providing access to ‘basic’ telecom services to people in rural and remote areas at affordable and reasonable prices.
    • Subsequently, the scope was widened.
    • Now it aims to provide subsidy support for enabling access to all types of telecom services, including mobile services, broadband connectivity and the creation of infrastructure in rural and remote areas.

    Funding of the USOF

    • The resources for the implementation of USO are raised by way of collecting a Universal Service Levy (USL), which is 5 percent of the Adjusted Gross Revenue (AGR) of Telecom Service Providers.

    Nature of the fund

    • USOF is a non-lapsable Fund.
    • The Levy amount is credited to the Consolidated Fund of India.
    • The fund is made available to USOF after due appropriation by the Parliament.

     

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  • Langtang Project: Nepal’s first hydropower from a glacial lake

     

    Langtang Microhydro Electricity Project, Nepal’s first hydropower from a glacial lake has become functional recently.

    Langtang Microhydro Electricity Project

    • The Project was built three years after the 2015 earthquake-avalanche that devastated the valley, with help from the Hong Kong-based Kadoorie Charitable Foundation.
    • It has a weir and spillway at the moraine, and the water is taken through a fibre glass-insulated penstock pipe to a powerhouse that generates 100kW of electricity.
    • It seeks to provide 24 hours of electricity to 120 households and tourist lodges in Kyanjin and Langtang.

    Uniqueness of the project

    • The project is the first-of-its-kind in Nepal to power a village and holds promise for other remote Himalayan valleys where the risk posed by expanding glacial lakes can be mitigated.
    • At the same time, it provides electricity to tourism-dependent families.

     

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  • Starting Today|| Free Webinar by Santosh Gupta Sir who Cleared Prelims 6/6 Times|| Don’t miss out these 7 steps if you want to Score Extra Marks in Prelims 2022|| Limited Slots Open, Register Now

    Starting Today|| Free Webinar by Santosh Gupta Sir who Cleared Prelims 6/6 Times|| Don’t miss out these 7 steps if you want to Score Extra Marks in Prelims 2022|| Limited Slots Open, Register Now

    Let’s admit this As much as we have heard our seniors, mentors and toppers advise us to answer fewer questions in Prelims exams due to negative marking, do we want to follow it? All of us wish to answer as many questions as possible correctly. However, post 2014 questions have started getting tougher so much that now –

    Prelims is no longer about selecting the right option. It’s searching for the correct option by eliminating the incorrect ones.”

    Let’s take a sample question from Prelims 2021 Paper —

    Constitutional government means

    1. a representative government of a nation with federal structure
    2. a government whose Head enjoys nominal powers
    3. a government whose Head enjoys real powers
    4. a government limited by the terms of the Constitution

    An average aspirant gets confused between 2-3 options. Option a), b) and d) look equally correct but you have to select only one. The right answer is option d). How can you find out what was the missing criteria in option a) and b) which option d) fulfilled to emerge as the right answer?

    Attend the free webinar by Santhosh sir to get the answer.

    Key Takeaways of Santosh Gupta Sir’s Free Prelims Orientation Webinar

    1. Complete Analysis of the 2021 Prelims Paper. How to change your preparation methods right now?

    2. The 7 Steps of Tackling Prelims 2022. How to maximize revision and minimize study materials?

    3. Significance of Current Affairs. Is it really declining in Prelims?

    4. Important Topics to Cover for Prelims 2022 for every subject. What are the correct study materials for these topics?

    5. Time-Tested Elimination Techniques. How to use these techniques in sample questions?

    Webinar Details

    Prelims question papers have become more or less like a game of Sudoko. Except, in Sudoko you can solve the puzzle at your leisure and over here you are limited by 2 hours. We hope this webinar will help all 2022 aspirants implement the suggestions of Santosh Gupta Sir.

    Date: 18 November 2021 (Thursday)

    Time: 7 P.M

    About Santosh Gupta Sir

    Santosh sir has scored above 140 twice in UPSC prelims and 120 plus in all 6 attempts. He has written all 6 mains and has appeared for Interviews 3 times. He has qualified UPSC EPFO and BPSC 56-59th also. As the Prelims coordinator at Civilsdaily, he has helped 15 out of 25 students clear the prelims examination this year.

  • [Burning Issue] Crypto Banking and Decentralized Finance

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    Context

    The RBI has repeatedly reiterated its strong views against cryptocurrencies since it gained popularity in India following a sudden boom in Bitcoin prices. The central bank’s argument is that cryptocurrencies pose serious threats to the macroeconomic and financial stability of the country.

    The development of Bitcoin and thousands of other cryptocurrencies in a little over a decade has changed the definition of money — and spawned a parallel universe of alternative financial services, allowing crypto businesses to move into traditional banking territory.

    In recent times, new services and platforms have been introduced to help people manage bitcoin and other such digital coins in day-to-day finances. Let us learn about the topic in detail.

    Cryptocurrencies

    (1) Rise of Cryptocurrencies: After the growth and response received to bitcoin, many newer coins have also been introduced and their cumulative market value touched $2.5 trillion by May 2021.

    (2) Significance of Cryptocurrencies

    • Corruption Check: As blocks run on a peer-to-peer network, it helps keep corruption in check by tracking the flow of funds and transactions.
    • Time Effective: Cryptocurrencies can help save money and substantial time, as it is conducted entirely on the Internet, involves very less transaction fees and is almost instantaneous.
    • Cost Effective: Intermediaries such as banks, credit card and payment gateways draw almost 3% from the total global economic output of over $100 trillion, as fees for their services.
      • Integrating blockchain into these sectors could result in hundreds of billions of dollars in savings.

    (3) Cryptocurrencies in India

    • RBI’s apprehension: In 2018, The RBI issued a circular preventing all banks from dealing in cryptocurrencies. This circular was declared unconstitutional by the Supreme Court in May 2020.
    • Govt’s stand: Recently, the government has announced to introduce a bill; Cryptocurrency and Regulation of Official Digital Currency Bill, 2021, to create a sovereign digital currency.
    • Boosting startups ecosystem: In India, the funds that have gone into the Indian blockchain start-ups account for less than 0.2% of the amount raised by the sector globally.
      • The current approach towards cryptocurrencies makes it near-impossible for blockchain entrepreneurs and investors to acquire much economic benefit.

    What do crypto businesses offer?

    • Lending and borrowing services: Generally, crypto businesses offer lending and borrowing services. One can earn interest on holdings of digital currencies, often a lot more than on cash deposits in a bank.
    • Collateral to bank: Borrow with crypto as collateral to back a loan. Crypto loans generally involve no credit checks as transactions are backed by digital assets.

    Benefits

    • Fosters financial inclusion
    • Unusually high return on their holdings for consumers
    • Provide financial stability for customers in countries with volatile government-issued currencies.

    What is cryptocurrency banking?

    • The virtual currency is not held in physical form. Digital currency is decentralized by a ledger system called blockchain, which means that it is not controlled by a bank or central authority.
    • Cryptocurrency banking mostly just allows people to hold their funds in a digital wallet or spend it like they would spend traditional money.
    • People can manage their cryptocurrency balances on exchange platforms.
    • These banking services can include simply holding a balance, making payments with a crypto debit card and even earning interest involving one or more cryptocurrencies.

    Why such high yields?

    • Similar to traditional banking: Crypto outfits pool deposits to offer loans and give interest to depositors, just as traditional banks.
    • No reserve requirements: But by law, banks are required to have minimum reserves as a safety backup. Unlike this, crypto banks do not have the reserve requirements; the institutions they lend to can take risky bets.
    • Other risks: Cyber attacks, extreme market conditions, or other operational or technical difficulties that could lead to a temporary or permanent halt on withdrawals or transfers.

    What is a stablecoin?

    Crypto is very volatile, making it less practical for transactions like payments or loans. That’s where stablecoins come in.

    • Pegged to stable assets: stablecoins are cryptocurrencies pegged to stable assets, commonly the dollar.
      • They are meant to provide the steady value of government-issued money in digital form for blockchain transactions, but they are issued by private entities.
      • Popular dollar-tied tokens include Tether and USD Coin.
    • High global appeal: The number of stablecoins in circulation globally has jumped from $29 billion in January to $117 billion as of early September.
    • Keep the value of digital currency stable: It aims to do in digital form what government money does.
    • But issued by private entities: They provide the steady value of government-issued money in digital form for blockchain transactions, but they are issued by private entities.

    Risks involved

    • Stablecoin issuers hold and monitor reserves, just as central bankers manage supply and demand.
    • But there is no guarantee they actually hold the one-to-one dollar backing they claim.
    • So, a sudden surge in withdrawals could lead to a collapse in one of those assets, putting clients and the broader economy at risk.
    • Also, a central bank digital currency would render stablecoins irrelevant.

    What is a central bank’s digital currency?

    • Offer reliability: Central bankers are examining the potential for issuance of a government-issued cryptocurrency which would offer the convenience of crypto with the reliability of money controlled by a central bank.
    • Growing innovation is a challenge: But governments catching up to the innovations in the market for years will be a challenge.
    • Introducing India’s own cryptocurrency: The government is considering the possibility of introducing India’s own cryptocurrency, code-named “Lakshmi”.

    What is the need?

    • Crypto-currency is a digital currency that allows transacting parties to remain anonymous while confirming the transaction is valid.
    • The provision of anonymity is widely misused especially in making cross-border transactions.
    • They are widely used as a means for money-laundering, terror funding and drug trafficking, and other illegal activities.
    • The increasing share and presence of bitcoins due to speculative trading for return on investments is getting to be a cause of concern.

    How can legalizing help address this?

    • Status of fiat currency: India’s attempt to legalize and introduce its own cryptocurrency would give it the status of a fiat currency.
    • Good alternative: This formal government authorization could prove to be an alternative to popular non-fiat cryptocurrencies such as bitcoin and ethereum.
    • Syncing with the technology: “Lakshmi” would adopt a variation of the blockchain technology employed by bitcoin.
    • Avoid dual transaction: The technology would help verify every trade and rule out the possibility of dual transactions employing the same coin.
      • Also, the new currency would be subject to the same capital account controls as the rupee, in terms of cross-border transactions.
    • No manipulation in money supply: The money supply at every instant is known and cannot be manipulated, unlike with normal fiat currencies.
      • Besides, users would have to submit to the usual know-your-customer norms.

    What are the challenges?

    • The introduction of such a new cryptocurrency, would make it a legal tender alongside the rupee.
    • This requires legislative action of making amendments to the Currency Act.
    • Pegging it to rupee would have an impact on the rupee exchange rate along with the risk of fluctuations.

    What is Decentralized finance (DeFi)?

    • Alternative finance ecosystem: DeFi, refers to an alternative finance ecosystem where consumers transfer, trade, borrow and lend cryptocurrency.
      • Financial products become available on a public decentralized blockchain network, independently of traditional financial institutions and the regulatory structures.
    • Eliminating middleman: DeFi aims to “disintermediate” finance, using computer code to eliminate the need for trust and middlemen from transactions.
      • It’s a computer-controlled market that automatically executes transactions.
    • User governed: DeFi platforms are structured to become independent from their developers and backers over time and to ultimately be governed by a community of users.

    What are the benefits of Crypto Finance?

    • Financial Inclusion: Innovators argue that crypto fosters financial inclusion. Consumers can earn unusually high returns on their holdings, unlike at banks.
    • Quick and Cheap Transactions: Crypto finance gives people long excluded by traditional institutions the opportunity to engage in transactions quickly, cheaply and without judgment.
    • Low checks and hassles: As crypto backs their loans, the services generally require no credit checks, although some take customer identity information for tax reporting and anti-fraud purposes.
    • Privacy: On a DeFi protocol, users’ personal identities are generally not shared, since they are judged solely by the value of their crypto.

    What are some risks associated with DeFi?

    • DeFi cuts out the third parties that financial regulators rely on to ensure market integrity.
    • Licensed operators like banks and brokers play a quasi-governmental role in traditional finance, collecting and reporting data to the authorities, including information on capital gains, to ensure taxes are paid.
    • By contrast, DeFi programs are unregulated apps created by coders interested in capital markets.
    • Users’ assets can and have been hacked, and not all of the operations are built in good faith. Possibility of developers abandoning programs after investors contribute significant assets cannot be refused.

    Way Forward

    • Require new approach: New technology demands a new approach; novel risks can be addressed without necessarily restricting innovation.
      • E.g., Requirements like code audits and risk parameters, instead of mandating that DeFi protocols maintain the reserves of a bank and collect customer information.
    • Controlling financial frauds: Using artificial intelligence and data analysis to monitor suspicious activity and tracking identity to fight financial fraud.
    • Monitor suspicious activity: Using artificial intelligence and data analysis to monitor suspicious activity and working back to track identity.

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  • [Yojana Archive] Himalayan Floods

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    October 2021

    Background

    • Over the last few decades, urbanization has led to a dramatic increase in the population living in the Himalayan Mountain belt.

    About the Himalayas

    • The Himalayas extend for about 2400 km from west to east with width varying between 200-400 km.
    • The two syntaxes of this mountain are drained by the rivers Indus (west) and the Brahmaputra (east).
    • The Ganga River system largely drains the central part of the Himalayas.

    Recent flood events

    1. 2010, floods of Leh
    2. 2013, Kedarnath floods
    3. 2021, Rishiganga floods

    The reports of the intergovernmental panel on climate change (IPCC-2019) indicate an overall increase in the frequency of high-intensity rainfall events in the Himalayas.

    What makes Himalayas more prone to disasters?

    • Rise in atmospheric temperature further increases the available atmospheric energy and total precipitation.
    • This in combination with mountain fragility and the growing urban centers is a perfect condition for disasters

    Himalayas & Flood

    The Himalayan Mountain belt, tectonically, is divisible into from north and south in the following zones

    1. Indus Suture Zone (ISZ) of Ladakh
    2. Tethyan Himalaya
    3. Higher Himalayan Crystalline zone
    4. Lesser Himalaya
    5. Outer Siwalik

    (1) Indus Suture Zone (ISZ) of Ladakh

    • The ISZ lies in the rain shadow zone of the Indian Summer Monsoon (ISM), where the scanty rainfall occurs mostly under the influence of westerlies.
    • The area is devoid of vegetation and due to extreme temperatures, physical weathering of rocks occurs that forms a thick debris mantle on hill slopes.
    • This debris mantle during excessive snow melting and rainstorm events, fail and block small and large streams that breach subsequently to create floods.

    (2) Tethyan Himalaya

    • This belt also behaves in a similar manner even though it lies at the northern fringe of ISM and receives a slightly higher amount of rainfall as compared to ISZ.

    (3) Higher Himalayan Crystalline zone

    • The higher Himalayan Crystalline zone receives full spectrum of ISM rainfall.
    • This zone is characterized by steep hill slopes and deep gorges with high gradient drainage systems.

    (4, 5) Lesser Himalaya and Outer Siwalik

    • The Lesser Himalaya and outer Siwalik Himalaya are gentler and also receive a high amount of ISM rainfall.

    Differential rainfall patterns

    • The headwaters of the rivers like Indus, the Ganga, and the rivers draining the central Himalayan ranges lie in rain deficient arid zones.
    • Here extreme rainfall events can potentially create glacial/moraine-dammed lake outbursts, and massive snowmelt, leading to a flood.
    • However, the headwater of the Brahmaputra, due to different orography and elevation receives less rainfall and downstream catchment receives higher rainfall.
    • These constraining characteristics between the two systems create floods that have discharges of different magnitude.

    Factors influencing

    In general, the large floods in the Himalayas are caused by:

    1. Climate change: Intense rainfall events, landslide dammed lake outbursts, glacial dammed Lake outbursts, cloud bursts
    2. Topography: The magnitude of flood is a function of overall geology, orography, catchment-wide distribution of lakes, landslide zone, and rainfall

    Example:

    • 2013 Kedarnath incident in the Garhwal Himalayas: Widespread rainfall in combination of a breach of a moraine-dammed lake in the Chaurabari glacial region was responsible.
    • Breach of Gohna Tal of Birahi Ganga in 1970: Landslide activity that generally occurs during monsoon or an earthquake may potentially dam small channels for a longer duration. These dams may breach and cause floods in the downstream regions.

    Causes of Floods in the Himalayas

    In general, the large floods in the Himalayas are caused by

    1. Intense rainfall events
    2. Landslide dammed lake outbursts (LLOFs)
    3. Glacial dammed Lake outbursts (GLOFs)
    4. Cloud bursts

    Flood Mapping

    Mapping of floods has four elements:

    1. Vertical rise in river level
    2. Rate of rising of flood
    3. Flow velocity
    4. Lateral inundation of flood plains
    • Flood mapping is normally done at river gauging stations which are equipped with state-of-the-art Internet of Things (IoT) and radars.
    • Radars can help in tacking the locations of intense rainfalls and the temporal evolution of the storm.
    • The lateral extent of flood inundation can be mapped using satellite images and LiDAR (Light Detection and Ranging) data.
    • The flood velocities are generally measured using current meters, acoustic Doppler current profilers, tracers, and floaters.
    • Sediment load of floodwaters can be measured by sediment monitoring gauges or sensors equipped with Laser In-Situ Scattering or by physically sampling during the time of the flood.

    Reducing Flood Vulnerability in the Himalayas

    • Proper understanding of the orography of the Himalayas, past flood events and the damage patterns can help in preparing the damage predictive models of the Himalayas.
    • The foremost way towards this is monitoring at various levels.
    • Landslide and glacial lake monitoring systems should be in place and be linked to flood management centres via IoT.
    •  The combination of data on flood levels, flood hydrographs, and lateral inundation can be used to manage the floods and minimise the destruction.
    • The inundation maps combined with maps of social infrastructure, should be analysed on GIS platforms and AI using long time series of datasets.
    • It will provide predictive models of flood events and damage patterns.
  • Issues with ordinance that extend the tenure of the Director of the CBI

    Context

    The Central government’s decision to give a five-year tenure to heads of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) has drawn a lot of flak.

    Background

    • Apex court’s directive giving a mandatory two-year tenure to the Director of the CBI was a fallout of the Hawala scandal.
    • Prior to that, the government was arbitrary and capricious in choosing the Director.
    • It was not rare to see temporary appointments given to favour some individuals.
    • Seniority was often ignored in appointments and Directors were removed frequently.

    Why tenure matters

    • Short tenure: A two-year tenure for a CBI head is too short for any officer to make an impact on the organisation.
    • Longer provides the much-needed continuity that a Director needs in an outfit charged with the task of conducting highly sensitive investigations, which sometimes impinge on the longevity and stability of a democratically elected government.
    • The Federal Bureau of Investigation chief in the U.S. gets a 10-year term.

    Suggestions

    • Need to avoid government interference: Any blatantly dishonest interference in the working of the organisation is bound to raise the hackles of those who believe in and carry out straightforward investigations.
    • The government will therefore have to show enormous restraint in its interactions with the head of the CBI.
    • Balancing accountability with autonomy: Of course, as a measure of accountability, the Director will have to keep the government informed of all major administrative decisions.
    • He or she should inform the executive but not take orders from it.
    • Need for CBI Act: Successive chiefs have suggested the drafting of a CBI Act to ensure that the organisation is not dependent on the State governments, many of which have withdrawn consent for the CBI to function in that State.
    • Eight States — West Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram — have withdrawn the general consent.
    • The CBI should be made to derive its authority for launching investigations from its own statute instead of depending on the Criminal Procedure Code, which makes the CBI a police organisation.

    Issue with ordinance

    • The only problem with the latest ordinance is that, at the end of the mandatory two-year tenure, the government will have to issue orders granting one-year extensions at a time. 
    • The rule about three annual extensions can be misused by a tendentious government.
    • It may be construed as a reward for ‘good behaviour’, which is a euphemism for an obliging Director.

    Consider the question “What are the challenges facing Central Bureau of Investigation? Suggest the measures to make the organisation more effective.” 

    Conclusion

    We will have to wait for a few years to gauge the impact of the change in tenure rules. It is preposterous to probe the intentions of this major move.

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    Back2Basics: General Consent

    • A “general consent” is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states.
    • Almost all states have traditionally given such consent, in the absence of which the CBI would have to apply to the state government in every case, and before taking even small actions.
    • Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”) says: “Nothing contained in section 5 (“Extension of powers and jurisdiction of special police establishment to other areas”) shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State.”
  • Kabul, Kashmir and the return of realpolitik

    Context

    In a rather unfriendly neighbourhood, New Delhi’s attempts at forming a regional consensus to stabilise Afghanistan, albeit wise and timely, will only achieve limited success thanks to the China-Pakistan coalition and its interests at play in and over Afghanistan.

    Role played by China and Pakistan in Afghanistan and its implications for India

    • China’s long-term vision for Afghanistan revolves around the Belt and Road Initiative (BRI) project of which Afghanistan has been a part since May 2016.
    • The China-Pakistan Economic Corridor (CPEC) is also viewed as a key component within the larger Chinese BRI project and Afghanistan could eventually become part of CPEC if and when the Taliban regime stabilises itself in the country.
    • Role of Pakistan in keeping India away from Afghanistan: While Pakistan lobbies the international community to help prevent Afghanistan slide into further turmoil, it is determined to keep India as far away from Kabul as possible.
    • Pakistan has always been deeply suspicious of growing India-Afghanistan relations no matter who was/is in charge in Kabul.
    • Implications for India: It is likely that the more India gets close to the Taliban, the more the Pakistani side will increase the ‘attacks’ in Jammu and Kashmir.
    • By maintaining ties with the Taliban and convening the regional security meeting in New Delhi, India has indicated that this is an acceptable risk.
    • Regional Security Dialogue: The recently-held Delhi Regional Security Dialogue on Afghanistan was an important initiative to help Afghanistan stabilise, the reality is that the two countries that are key to stabilising Afghanistan — China and Pakistan — decided to stay away from it.
    • Scope for other powers: Russia or the Central Asian states have neither the ability nor the desire to pursue a role in Afghanistan autonomous from the larger Chinese or Pakistani designs there.

    The dilemma facing the international community

    • Taliban and Pakistan refer to the U.S.-led coalition as ‘colonisers’ who just vacated the Afghan territory; and in the same breath, they seek assistance from those very ‘former colonisers’.
    • But perhaps what might bother the West the most is that if they stabilise the country, they would still be called former colonisers, and Pakistan and China will benefit out of it geopolitically, making it, in that sense, a thankless job for the West.
    • So the question before the western leaders is how to offer structured incentives to the Taliban, and when.

    The dilemma facing India

    • To engage the Taliban or not: The first one was to decide whether to engage the Taliban or not.
    • The successive governments in Afghanistan, including the current Taliban regime, have sought relations with India which has upset Pakistan.
    • The Taliban want India to engage and help the country stabilise, but Pakistan resents that.
    • Catch-22 situation for India: If the Taliban regime is stabilised in Kabul without India’s assistance to the country, the more it is likely to do Pakistan’s bidding vis-à-vis India.
    • On the other hand, the more India helps the Taliban-led Afghanistan, the more Pakistan will up the ante in Kashmir.
    • This is a catch-22 situation that India finds itself in.
    • And yet, India has little choice but to engage the Taliban.

    How Taliban victory led to change in Pakistan’s Kashmir policy

    • The earlier Pakistani willingness to be conciliatory towards India on Kashmir before and in the run-up to the Taliban takeover of Kabul in August 2021 seems to have disappeared for now.
    • This is at least partly due to the Pakistani triumphalism about the Taliban takeover of Afghanistan.
    • Since then, violence data show that the backchannel understanding is withering away with violence in Jammu and Kashmir (J&K) spiking along all three indicators albeit gradually.
    • Sentiments from across the border also indicate that the earlier Pakistani stand that it would accept the Indian decision to withdraw the special status to Kashmir in lieu of New Delhi restoring Statehood to Kashmir and allowing political activity in the State has now change.
    • It now demands that India fully reverts to the pre-August 5, 2019 position on Kashmir.

    Way forward

    • No possibility of cooperation with China and Pak: Any possibility of India-Pakistan cooperation in Afghanistan would be very hard to achieve.
    • Beijing will play along; so will Iran and the Central Asian countries, for the most part.
    • Coordinate with other powers: For India, the options are to coordinate its Afghan policy with Moscow, Washington and the various western capitals while steadfastly engaging the Taliban.

    Consider the question “Return of Taliban in Afghanistan and consequential geopolitical changes in the region are bound to have implications for India-Pakistan relation. Comment.” 

    Conclusion

    India’s advances to court the Taliban and attempts to evolve a regional consensus on Afghanistan might deteriorate India-Pakistan relations and pose challenges for India in Kashmir.

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    About Santosh Gupta Sir

    Santosh sir has scored above 140 twice in UPSC prelims and 120 plus in all 6 attempts. He has written all 6 mains and has appeared for Interviews 3 times. He has qualified UPSC EPFO and BPSC 56-59th also. As the Prelims coordinator at Civilsdaily, he has helped 15 out of 25 students clear the prelims examination this year.