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  • Arrest is not always a must, says Supreme Court

    The Supreme Court has held that merely because the law allows arrest does not mean the State can use the power indiscriminately to crush personal liberty.

    What is an Arrest?

    • An arrest is a procedure in a criminal justice system.
    • It is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime.
    • After being taken into custody, the person can be questioned further and/or charged.

    Distinction between arrest and detention

    • There exists a distinction between an investigatory stop or detention and an arrest.
    • The distinction tends to be whether or not the stop is “brief and cursory” in nature, and whether or not a reasonable individual would feel free to leave.

    Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every individual and states that, “No person shall be deprived of his life and personal liberty except according to procedure established by law.”

    Logic behind arresting

    The Supreme Court has noted that:

    • The occasion to arrest an accused during investigation arises when the custodial investigation becomes necessary.
    • Or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond.
    • The court was emphatic that a distinction must be made between the existence of the power to arrest and the justification for the exercise of this power.

    Sanctions for arrest as outlined by the Supreme Court

    The Supreme Court clarified that:

    (A) Avoiding arrests

    • Arrest isn’t a compulsion: Merely because an arrest can be made because it is lawful does not mandate that arrest must be made.
    • Justification for arrest: A distinction must be made between the existence of the power to arrest and the justification for the exercise of it, it noted.
    • Dignity of the undertrial: If an arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person.
    • Evidence protection: There should not be a compulsion on the officer to arrest the accused since many times there is no apprehension that an accused would abscond or tamper with evidence.

    (B) Broad implications of Sec. 170 CrPC

    • Narrow interpretation: Section 170 of the Code of Criminal Procedure (CrPC) has been wrongly interpreted by the police and trial courts to make an arrest of the accused mandatory at the time of filing of the charge sheet.
    • Custody, not arrest: The word “custody” in Section 170 had been wrongly interpreted as ‘arrest’.The word ‘custody’ appearing in Section 170 does not contemplate either police or judicial custody.

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  • RBI, IRDAI nod must for FDI in bank-led insurance

    Applications for foreign direct investment in an insurance company promoted by a private bank would be cleared by the RBI and IRDAI to ensure that the 74% limit of overseas investment is not breached.

    What does one mean by Insurance?

    • Insurance is a contract, represented by a policy, in which an individual or entity receives financial protection or reimbursement against losses from an insurance company.
    • The company pools clients’ risks to make payments more affordable for the insured.
    • Insurance is a capital-intensive business so has to maintain a solvency ratio. The solvency ratio is the excess of assets over liabilities.
    • Simply put, as an insurance company sells more policies and collects premiums from policyholders, it needs higher capital to ensure that it is able to meet future claims.
    • In addition, insurance is a long gestation business. It takes companies 7-10 years to break even and start becoming profitable.

    Types of Insurance

    Insurance sector of India

    • The insurance regulator, the Insurance Regulatory and Development Authority of India (IRDAI), mandates that insurers should maintain a solvency ratio of at least 150 percent.
    • The insurance industry of India has 57 insurance companies 24 are in the life insurance business, while 34 are non-life insurers.
    • Among the life insurers, Life Insurance Corporation (LIC) is the sole public sector company.
    • In addition to these, there is a sole national re-insurer, namely the General Insurance Corporation of India (GIC Re).
    • Other stakeholders in the Indian Insurance market include agents (individual and corporate), brokers, surveyors, and third-party administrators servicing health insurance claims.
    • In India, the overall market size of the insurance sector is expected to be $280 billion in 2020.

    Recent developments

    The chronological order of events:

    1. Nationalization of life (LIC Act 1956) and non-life sectors (GIC Act 1972)
    2. Constitution of the Insurance Regulatory and Development Authority of India (IRDAI) in 1999
    3. Opening up of the sector to both private and foreign players in 2000
    4. Increase in the foreign investment cap to 26% from 49% in 2015
    5. Increase in FDI limit from 49% to 74% in March 2020

    Issues with India’s insurance sector

    Insurance is considered a sensitive sector as it holds the long-term money of people. Various attempts were made in the past to open up the sector but without much success.

    • Lower insurance penetration due to various economic reasons such as poverty, etc.
    • Domination of the Public Sector ex. LIC
    • Trust issues in private insurances due to insolvency of private players
    • Saving habits of the public

    Significance of the recent amendment

    • The current amendment is an enabling amendment that gives companies access to foreign capital if they need it.
    • It is an important shift instance as the increase in the FDI cap means insurance companies can now be foreign-owned and -controlled as against the current situation wherein they are only Indian-owned and -controlled.
    • The move is expected to increase India’s insurance penetration or premiums as a percentage of GDP, which is currently only 3.76 percent, as against a global average of more than 7 percent.

    What does this mean for Indian insurance companies?

    • India has more than 60 insurance companies specializing in life insurance, non-life insurance, and health insurance.
    • The number of state-owned firms is only six and the remaining are in the private sector.
    • A higher FDI limit will help insurance companies access foreign capital to meet their growth requirements.

    How does this impact Indian promoters of insurance companies?

    • Most of the Indian promoters of insurance companies are either Indian business houses or financial institutions like banks.
    • Many entered into the insurance space when they were financially strong but are now struggling to cater to the constant need to infuse capital into their insurance joint ventures.
    • Over the years, the sector has seen large-scale consolidation and exits of many promoters.
    • A higher FDI cap will mean that more promoters could now completely exit or bring down their stakes in their insurance joint ventures.

    What higher does FDI mean for policyholders?

    • Higher FDI limits could see more global insurance firms and their best practices entering India.
    • This could mean higher competition and better pricing of insurance products.
    • Policyholders will get a wide choice, access to more innovative products, and a better customer service and claims settlement experience.

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    Back2Basics: Foreign Direct Investment

    • An FDI is an investment in the form of controlling ownership in a business in one country by an entity based in another country.
    • It is thus distinguished from a foreign portfolio investment by a notion of direct control.
    • FDI may be made either “inorganically” by buying a company in the target country or “organically” by expanding the operations of an existing business in that country.
    • Broadly, FDI includes “mergers and acquisitions, building new facilities, reinvesting profits earned from overseas operations, and intra company loans”.
    • In a narrow sense, it refers just to building a new facility, and lasting management interest.

    FDI in India

    • Foreign investment was introduced in 1991 under Foreign Exchange Management Act (FEMA), driven by then FM Manmohan Singh.
    • There are two routes by which India gets FDI.

    1) Automatic route: By this route, FDI is allowed without prior approval by Government or RBI.

    2) Government route: Prior approval by the government is needed via this route. The application needs to be made through the Foreign Investment Facilitation Portal, which will facilitate the single-window clearance of the FDI application under the Approval Route.

    • India imposes a cap on equity holding by foreign investors in various sectors, current FDI in aviation and insurance sectors is limited to a maximum of 49%.
    • In 2015 India overtook China and the US as the top destination for Foreign Direct Investment.

  • What is Shariah Law?

    The Taliban have pledged that women in Afghanistan will have rights “within the bounds of Islamic law,” or Shariah, under their newly established rule.

    What is Shariah?

    • Shariah is based on the Quran, stories of the Prophet Muhammad’s life, and the rulings of religious scholars, forming the moral and legal framework of Islam.
    • The Quran details a path to a moral life, but not a specific set of laws.

    Interpreting Shariah

    • The interpretations of Shariah are a matter of debate across the Muslim world, and all groups and governments that base their legal systems on Shariah have done so differently.
    • One interpretation of Shariah could afford women extensive rights, while another could leave women with few.
    • Critics have said that some of the Taliban restrictions on women under the guise of Islamic law actually went beyond the bounds of Shariah.
    • When the Taliban say they are instituting Shariah law, that does not mean they are doing so in ways that Islamic scholars or other Islamic authorities would agree with.

    What does Shariah prescribe?

    • Shariah lists some specific crimes, such as theft and adultery, and punishments if accusations meet a standard of proof.
    • It also offers moral and spiritual guidance, such as when and how to pray, or how to marry and divorce.
    • It does not forbid women to leave home without a male escort or bar them from working in most jobs.

    How has the Taliban previously interpreted Shariah?

    • When the Taliban controlled Afghanistan from 1996 to 2001, they banned television and most musical instruments.
    • They established a department for the Promotion of Virtue and the Prevention of Vice based on a Saudi model.

    Restrictions imposed on Women

    • Restrictions on behavior, dress, and movement were enforced by morality police officers, who drove around in pickup trucks, publicly humiliating and whipping women who did not adhere to their rules.
    • In 1996, a woman in Kabul, Afghanistan, had the end of her thumb cut off for wearing nail polish, according to Amnesty International.
    • Other restrictions include a ban on schooling for girls, and publicly bashing people who violated the group’s morality code.
    • Women accused of adultery are stoned to death.

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  • Malabar Rebellion of 1921

    This August 20, marked the centenary of the Malabar rebellion, which is also known as the Moplah riots.

    Try this question from CSP 2020:

    Q. With reference to the history of India, “Ulgulan” or the Great Tumult is the description of which of the following event?

    (a) The Revolt of 1857

    (b) The Mappila Rebellion of 1921

    (c) The Indigo Revolt of 1859-60

    (d) Birsa Munda’s Revolt of 1899-1900

     

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    Malabar Rebellion

    • The Malabar Rebellion in 1921 started as resistance against the British colonial rule and the feudal system in southern Malabar but ended in communal violence between Hindus and Muslims.
    • There were a series of clashes between Mappila peasantry and their landlords, supported by the British, throughout the 19th and early 20th centuries.
    • It began as a reaction against a heavy-handed crackdown on the Khilafat Movement, a campaign in defence of the Ottoman Caliphate by the British authorities in the Eranad and Valluvanad taluks of Malabar.
    • The Mappilas attacked and took control of police stations, British government offices, courts and government treasuries.

    Who was Variyankunna Kunjahammed Haji?

    • He was one of the leaders of the Malabar Rebellion of 1921.
    • He raised 75000 natives, seized control of large territory from the British rule and set up a parallel government.
    • In January 1922, under the guise of a treaty, the British betrayed Haji through his close friend Unyan Musaliyar, arresting him from his hideout and producing him before a British judge.
    • He was sentenced to death along with his compatriots.

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    Also read

    Important Rebellion

  • Melting of the Greenland’s Snow Cover

    Recently the summit of Greenland received rain and not snow. This has sparked fear as scientists are pointing to it as evidence that Greenland is warming rapidly.

    About Greenland

    • Greenland is the world’s largest island located between the Arctic and Atlantic oceans, east of the Canadian Arctic Archipelago.
    • It is an autonomous territory within the Kingdom of Denmark.
    • Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe (specifically Norway and Denmark, the colonial powers).
    • The majority of its residents are Inuit, whose ancestors migrated from Alaska through Northern Canada, gradually settling across the island by the 13th century.
    • It has three-quarters of its surface covered with a permanent ice sheet, which is increasingly coming under threat because of climate change.

    Rain at Greenland: The rarest phenomenon

    • At the highest point on Greenland’s ice sheet, the US maintains a Summit Station, a research facility that observes changes occurring over the island as well as in Arctic weather.
    • Researchers observed rain at the normally frigid summit, with the precipitation extending up to Greenland’s southeast coast.
    • The rain, coupled with warm conditions, caused a major melting event at the summit.
    • This led to rapid ice melting running off into the ocean in volumes, thus accelerating global sea-level rise.

    A cause of worry

    • Greenland, which is two-thirds the size of India, already witnessed one of its most severe melting events.
    • It has lost 8.5 billion tons of surface mass in one day– the third such extreme event in the past decade.
    • The UN’s “code red” climate report released last week concluded that the burning of fossil fuels led to Greenland melting in the last 20 years.
    • The rapid melting is also threatening polar bears, which now have to make their way hundreds of kilometers towards Greenland’s interior from the coasts, where they usually find enough food.

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  • 21st August 2021 | Prelims Daily with Previous Year Questions

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    [WpProQuiz 747]

    [WpProQuiz_toplist 747]

  • Learn the secret of scoring 125+ in Prelims by Sajal Sir || Free Session || Registration Open ||Learn Over 10 different types of Question solving Techniques

    Learn the secret of scoring 125+ in Prelims by Sajal Sir || Free Session || Registration Open ||Learn Over 10 different types of Question solving Techniques

    Dear aspirants,

    Even with a similar syllabus and similar study materials, most candidates fall in one of the following four categories when it comes to their Prelims score:

    1) Prelims score 0-40: They need to work on improving their knowledge and learn answering tricks
    2) Prelims score 50-70: They have decent knowledge and decent answering tricks.
    3) Prelims score 80-100: They have good knowledge but they need to develop answering tricks.
    4) Prelims score 120+: They have excellent knowledge and know all the answering tricks.

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    So, what to do?
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    A) With reference to ‘fuel cells’ in which hydrogen-rich fuel and oxygen are used to generate electricity, consider the following statements :(UPSC 2016)

    1. If pure hydrogen is used as a fuel, the fuel cell emits heat and water as by-products.
    2. Fuel cells can be used for powering buildings and not for small devices like laptop computers.
    3. Fuel cells produce electricity in the form of Alternating Current (AC).

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    B) In India, under cyber insurances for individuals, which of the following benefits are generally covered, in addition to payment for the loss of funds and other benefits? (UPSC 2020)

    1. Cost of restoration of the computer system in case of malware disrupting access to one’s computer.

    2. Cost of a new computer if some miscreant willfully damages it, if proved so.

    3. Cost of hiring a specialized consultant to minimize the loss in case of cyber extortion.

    4. Cost of defense in the court of law if any third party files a suit.

    Select the correct answer using the code given below:

    (a) 1, 2, and 4 only

    (b) 1,3 and 4 only

    (c) 2 and 3 only

    You can solve these questions with the help of techniques that Sajal sir will teach you in the webinar.

    Register for The free webinar and learn Smart Answering Techniques (Click here)

    This is your opportunity to learn the tricks that can help you score 120+ in your Prelims. Join Sajal sir for a free webinar and this is what you can learn:

    1. 10 Different types of elimination/intelligent guess techniques like (hard to verify facts, For this and NOT for this) through Solving Previous year UPSC questions.

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    3. Ideal strategy for the Last 50 days for UPSC prelims 2021.

    4. How to prepare for 2022 Prelims.

    5. Which Topics to focus more upon while preparing for UPSC prelims (eg: Map should be given utmost importance while studying geography for prelims)

    6.Open Q&A with Sajal sir

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  • [RSTV Archive] Project 75 India

    The Government has recently issued a Request for Proposal (RPF) to the two selected Indian Strategic Partners (SP) – for building six conventional submarines indigenously under Project 75 India or P-75I.

    A backgrounder

    • Project 75 India is a part of India’s thirty-year-old submarine building plan by which all the six submarines which are under the project should already be sailing and it should have been followed by the submarines now for which the RFP has been issued.
    • It is a long-awaited and long-overdue project.
    • This should have happened way back but it got delayed because it was difficult to find a strategic partnership model.

    What is Project-75I?

    • The Project 75I-class submarine is a follow-on of the Project 75 Kalvari-class submarine for the Indian Navy.
    • In the late 1990s, around the time of Kargil war, a three-decade plan took shape for indigenous construction of submarines.
    • It was known to have two separate series of submarine building lines – codenamed Project 75 and Project 75I — in collaboration with foreign entities.
    • Under this project, the Indian Navy intends to acquire six diesel-electric submarines, which will also feature advanced air-independent propulsion systems.
    • This is for enabling them to stay submerged for longer duration and substantially increase their operational range.

    Air-independent propulsion (AIP)

    • AIP has the fuel cell technology which permits the batteries of the submarines to continue functioning even after it gets discharged.
    • It also reduces the chances of detection because the moment it comes closer to the surface, submarines are very prone to detection and after that, it becomes very difficult for a submarine to hide because it cannot move quickly under the water. 
    • Hence, AIP gives longer endurance to submarines than what a conventional battery submarine can offer.
    • AIP is required on an urgent basis for the Indian Navy subs in view of the growing presence of the Chinese in the Indian Ocean Region (IOR).

    Strategic importance of submarines development

    • Ageing arsenal: Currently, India has less number of submarines than what is required with some more of those from both types being at various stages of construction. India currently operates one submarine each in nuclear-powered Classes of Chakra and Arihant and in addition to 14 submarines belonging to three classes of Diesel Electric category — Kalvari, Shishumar and Sindhughosh, some of which are ageing.
    • Combat roles in near future: The nuclear powered and diesel-electric submarines have their designated roles in the Carrier Battle Groups, which are formations of ships and submarines with Aircraft Carriers at the lead role.
    • Strategic deterrence: As per the basic principles of submarine deployment and the minimum requirement for India to create a strategic deterrence, there is a specific number of submarines of both types that India needs to have in active service.

    Significance of Project 75 India

    • ‘Make in India’ Projects: It will serve to facilitate faster and more significant absorption of technology and create a tiered industrial ecosystem for submarine construction in India.
    • Self-Reliance: From a strategic perspective, this will help reduce current dependence on imports and gradually ensure greater self-reliance and dependability of supplies from indigenous sources.
    • Securing Indo-Pacific: China is increasing its presence in the Indian Ocean Region (IOR) and this is creating pressure on the Indian Navy in sprucing up the submarine arm.

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    Back2Basics: Various classes of Submarines in India

    In maritime terms, a class of ships is a group of vessels that have the same make, purpose and displacement.

    Chakra Class: Under a 10-year lease from Russia since 2012

    Arihant Class: Nuclear-powered ballistic missile submarines

    Shishumar Class: Diesel-electric attack submarines Indian variant of the Type 209 submarines developed by the German Navy

    Kalvari Class: Diesel-electric attack submarines designed by French company DCNS

    Sindhughosh Class: Kilo-class diesel-electric submarines built with the help of Russia

  • Places in news: Panjshir Valley

    The Taliban has sent hundreds of its fighters to the Panjshir Valley, one of the few parts of Afghanistan not yet controlled by the group.

    Panjshir Valley

    • Located 150 km north of Kabul, the Valley is near the Hindu Kush Mountain range.
    • It’s divided by the Panjshir river and ringed by the Panjshir mountains in the north and the Kuhestan mountains in the south.
    • The mountain tops are covered by snow throughout the year.
    • This difficult terrain makes the Valley a nightmare for invaders.

    Why is it significant?

    • The Valley has repeatedly played a decisive role in Afghanistan’s military history, as its geographical position almost completely closes it off from the rest of the country.
    • The only access point to the region is through a narrow passage created by the Panjshir River, which can be easily defended militarily.
    • Famed for its natural defenses, the region tucked into the Hindu Kush mountains never fell to the Taliban during the civil war of the 1990s, nor was it conquered by the Soviets a decade earlier.
    • Panjshir Valley was among the safest regions in the country during the time of the NATO-backed government from 2001 to 2021.
    • The valley is also known for its emeralds, which were used in the past to finance the resistance movements against those in power.

    Answer this PYQ:

    Consider the following pairs

    Towns: Country in news        

    1. Aleppo: Syria
    2. Kirkuk: Yemen
    3. Mosul: Palestine
    4. Mazar-i-sharif: Afghanistan

    Which of the pairs given above are correctly matched? (CSP 2018)

    (a) 1 and 2

    (b) 1 and 4

    (c) 2 and 3

    (d) 3 and 4

     

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  • Streak Daily Compilation of Questions & Videos: Aug 20, 2021

    Maintaining consistency is one of the biggest issues faced by IAS Aspirants. Streak’s initiative is to help Aspirants in their day-to-day preparation. You can follow the monthly, weekly, and daily timetables and continue this streak until you find yourself on the final list.

    Please register for Streak free initiative through this link:- https://www.civilsdaily.com/course/streak-daily-initiative/

    You will get following study material:-

    1. Questions (PDF).
    2. RSTV/Yojana monthly notes (PDF).
    3. Burning issue (PDF).
    4. Subject specific (PDF).
    5. Mentor’s phone call for support & encouragement.

    I. UPSC Daily Study Plan For 2021 and 2022

    II. CSAT for UPSC Prelims || Free CSAT Sessions by Civilsdaily

    III. UPSC PRELIMS-2021: Economy Current Affairs Most Probable Questions

    Q1) Consider the following statements about Agriculture Infrastructure Fund (AIF) 

    1. It is a short-term debt financing facility.

    2. Agricultural Produce Marketing Committees (APMCs) are beneficiaries of this fund. 

    3. The final authority to sanction loans under the fund is with the banks after checking details and viability of the projects. 

    Which of the above statement(s) is/are correct? 

    a. 1 and 2 only 

    b. 2 and 3 only 

    c. 1 and 3 only 

    d. All of the above

    Q2) Consider the following statements with respect to Employees’ State Insurance Corporation of India (ESIC) 

    1. It is a statutory corporate body established under an Act of Parliament. 

    2. It is an autonomous body under the Ministry of Labour and Employment. 

    Which of the statement(s) given above is/are correct? 

    a. 1 only 

    b. 2 only 

    c. Both 1 and 2 

    d. Neither 1 nor 2

    Q3) Consider the following statements about the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020:

    1. A farming agreement cannot be entered for sale, lease or raising of any permanent structure in the land of the farmer.

    2. If a farmer fails to honour his commitment as per the farming agreement, recovery can be initiated against the land of the farmer.

    3. The Block Development Officer will function as a Sub-Divisional Authority for deciding the disputes under the farming agreements.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 3 only

    (c) 1 and 2 only

    (d) 1, 2 and 3

    Q4) Consider the following statements about the Code on Social Security, 2020:

    1. The inter-state migrant workers have been defined under the Act as only the workers who are working in another state and have been recruited through a contractor.

    2. It creates a statutory body, called the National Social Security Board, to be headed by the Prime Minister.

    3. The aggregators will contribute between 1-2% of their annual turnover towards a social security fund for the gig economy workers.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    Q5) Consider the following statements with respect to India Energy Exchange (IEX) 

    1. It is a virtual exchange used to trade carbon footprints of Industries and discoms. 

    2. It is launched by Ministry of Environment, Forest, and Climate change. 

    3.Energy saving certificates and Renewable Energy Certificates are products of IEX. 

    Which of the statement(s) given above is/are correct? 

    a. 1 only 

    b. 1 and 2 only 

    c. 1 and 3 only 

    d. 3 only

    IV. UPSC PRELIMS-2021: Most Probable Questions for UPSC Prelims 2021

    Q1) Which of the following statements regarding Imported Inflation is/are correct?

    1. When the general price level rises in a country because of the rise in prices of imported commodities it is known as imported inflation.

    2. The weakening of the domestic currency may lead to imported inflation in the country.

    Select the correct answer using the codes given below

    a) 1 only

    b) 2 only

    c) Both 1 and 2

    d) Neither 1 nor 2

    Q2) Which of the following given below is/are part of the current account in the Balance of Payments (BOP)?

    1. Balance of trade 

    2. Balance of services and remittances 

    3. Investment and borrowing 

    Which of above statements are true?

    1 and 3

    2 and 3

    1 and 2

    All of them

    Q3) Consider the following statements about Most Favoured Nation (MFN) status in context of international trade

    1. It denotes equality  of one country towards another nation in trade. 

    2. WTO members cannot violate the MFN clause in any conditions

    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

    Q4) Which of the statements given below is/are correct? 

    1. India’s tax system is progressive with heavy dependence on direct tax. 

    2. Direct tax-to-GDP ratio remains consistently higher than that of indirect tax-to-GDP. 

    Select the correct answer using the codes given below

    a) 1 only

    b) 2 only

    c) Both 1 and 2

    d) Neither 1 nor 2

    Q5) Consider the following statements about Minimum Alternate Tax (MAT) 

    1. It is aimed to facilitate the taxation of  ‘zero tax companies‘ i.e., those companies which show zero or negligible income to avoid tax.

    2. It is calculated on book profits of a company.

    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

    V. Daily Dose: Complete Snapshots of Everyday News

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