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  • The issue of powers of Speaker and Court

    The article examines the larger issue of powers of the Speaker under 10th Schedule and the current interim order of the Rajasthan High Court.

    Context

    • The Rajasthan High Court had admitted the petition by the Congress faction group challenging the notice of the Speaker.
    • In the interim order, the High Court had ordered to maintain the status quo.

    Why Kihoto Hollohan Case matters

    • The Kihoto Hollohan decision of the Supreme Court delivered in 1992 forms the basis in such decisions.
    • The Constitution Bench which heard it was split 3:2.
    • The majority on the bench upheld the constitutionality of the Tenth Schedule of the Constitution.
    • The High Court is not empowered to unsettle Kihota Hollohan and must apply its ratio that the Chairman/Speaker is the final arbiter on the disqualification of a member.
    • Rajasthan High Court has raised the issue about whether disqualification under Tenth Schedule is applicable in the case of “intra-party dissent”.
    • Para 2(1) a of 10th Schedule deals with disqualification of a member of a House belonging to any party “if he has voluntarily given up his membership of such political party”.

    Let’s look at what the Supreme Court said  in Kihoto Hollohan case:

    “paragraph 2 of the Tenth Schedule of the Constitution is valid. Its provisions do not suffer from the vice of subverting democratic rights of elected members of Parliament and the legislatures of the States. It does not violate their freedom of speech, freedom of vote and conscience as contended”.

    Consider the question “Examine the issue of powers of Speaker/Chairman in the matters of disqualification of the member against the powers of the Courts in such matters. What are the reasons for frequent frictions between the two authorities on this matter?”

    Conclusion

    The high courts and the Supreme Court routinely refuse to interfere in matters where the concerned authority has merely issued a show-cause notice or granted an opportunity of being heard. So, it must fix the issue raised by the Rajasthan High Court interim order.

  • What are Pre-packs under the present insolvency regime?

    The Ministry of Corporate Affairs (MCA) has set up a committee to look into the possibility of including what is called “pre-packs” under the current insolvency regime to offer faster insolvency resolution.

    Practice question for mains:

    Q.What are the key features of the Insolvency and Bankruptcy Code? Discuss how operationalization of IBC is hindered by the slower resolutions of insolvency cases. Suggest measures for faster resolution.

    What is Pre-pack?

    • A pre-pack is an agreement for the resolution of the debt of a distressed company through an agreement between secured creditors and investors instead of a public bidding process.
    • This system of insolvency proceedings has become an increasingly popular mechanism for insolvency resolution in the UK and Europe over the past decade.

    Why need Pre-packs?

    • Slow progress in the resolution of distressed companies has been one of the key issues raised by creditors regarding the Corporate Insolvency Resolution Process (CIRP) under the IBC.
    • Under the IBC, stakeholders are required to complete the CIRP within 330 days of the initiation of insolvency proceedings.

    A case for India

    • In India’s case, such a system would likely require that financial creditors agree on terms with potential investors and seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
    • This process would likely be completed much faster than the traditional CIRP which requires that the creditors of the distressed company allow for an open auction for qualified investors to bid for the distressed company.
    • The process needs to be completed within 90 days so that all stakeholders retain faith in the system and cases that take more than this time should be taken through the normal CIRP.

    What are the other key benefits of a pre-pack?

    • Pre-packs would mostly be used for businesses that are running; the investors would likely need to maintain good relations with operational creditors.
    • In the case of pre-packs, the incumbent management retains control of the company until a final agreement is reached.
    • The transfer of control from the incumbent management to an insolvency professional as is the case in the CIRP leads to disruptions in the business and loss of some high-quality human resources and asset value.

    Some limitations

    • The key drawback of a pre-packaged insolvency resolution is the reduced transparency compared to the CIRP.
    • Financial creditors would reach an agreement with a potential investor privately and not through an open bidding process.
    • This could lead to stakeholders such as operational creditors raising issues of fair treatment when financial creditors reach agreements to reduce the liabilities of the distressed company.

  • What is Green-Ag Project?

    The Union government has launched the Green-Ag Project in Mizoram, to reduce emissions from agriculture and ensure sustainable agricultural practices.

    Note the following things about Green-Ag Project:

    1)Core objective

    2)Implementing agencies

    3)Regions of Implementation

    Green-Ag Project

    • The Green-Ag project is designed to achieve multiple global environmental benefits in at least 1.8 million hectares (ha) of land in five landscapes, with mixed land-use systems.
    • It aims to bring at least 104,070 ha of farms under sustainable land and water management.
    • The project will also ensure 49 million Carbon dioxide equivalent (CO2eq) sequestered or reduced through sustainable land use and agricultural practices.

    Implementing agencies

    • The project is funded by the Global Environment Facility, while the Department of Agriculture, Cooperation, and Farmers’ Welfare (DAC&FW) is the national executing agency.
    • Other key players involved in its implementation are the Food and Agriculture Organization (FAO) and the Environment Ministry (MoEF&CC).

    Regions of implementation

    The project has been launched in high-conservation-value landscapes of five States namely

    • Madhya Pradesh: Chambal Landscape
    • Mizoram: Dampa Landscape
    • Odisha: Similipal Landscape
    • Rajasthan: Desert National Park Landscape
    • Uttarakhand: Corbett-Rajaji Landscape

  • Ammonia Pollution in Yamuna River

    For the second time in a week, the Delhi Jal Board (DJB) had to reduce water production capacity by 25 per cent after high levels of ammonia were detected in the Yamuna River.

    Try this PYQ from CSP 2019:

    Q. Consider the following statements:

    1. Agricultural soils release nitrogen oxides into the environment.
    2. Cattle release ammonia into the environment.
    3. Poultry industry releases reactive nitrogen compounds into the environment.

    Which of the statements given above is/are correct?

    (a) 1 and 3 only

    (b) 2 and 3 only

    (c) 2 only

    (d) 1, 2 and 3

    What is Ammonia and what are its effects?

    • Ammonia is a colourless gas and is used as an industrial chemical in the production of fertilizers, plastics, synthetic fibres, dyes and other products.
    • Ammonia occurs naturally in the environment from the breakdown of organic waste matter, and may also find its way to ground and surface water sources through industrial effluents or through contamination by sewage.
    • If the concentration of ammonia in water is above 1 ppm it is toxic to fishes.
    • In humans, long term ingestion of water having ammonia levels of 1 ppm or above may cause damage to internal organs.

    A cause of concern

    • The level of ammonia in raw Yamuna water was 1.8 parts per million (ppm).
    • The acceptable maximum limit of ammonia in drinking water, as per the Bureau of Indian Standards, is 0.5 ppm.

    Where does Ammonia come from?

    • Ammonia is produced for commercial fertilizers and other industrial applications.
    • Natural sources of ammonia include the decomposition or breakdown of organic waste matter, gas exchange with the atmosphere, forest fires, animal and human waste, and nitrogen fixation processes.

    How is it treated?

    • The DJB at present does not have any specific technology to treat ammonia.
    • The only solution it adapts is to reduce production at its water treatment plants.
    • In addition to this, the board mixes raw water that carries a high concentration of ammonia with a fresh supply.
    • The amount of chlorine added to disinfect raw water is also increased when high levels of ammonia are detected.

    What is the long-term solution to the problem?

    • Stringent implementation of guidelines against dumping harmful waste into the river, and making sure untreated sewage does not enter the water are two things pollution control bodies are expected to do.
    • But, a more organic method agreed upon by environmentalists and experts is to maintain a sustainable minimum flow, called the ecological flow.
    • This is the minimum amount of water that should flow throughout the river at all times to sustain underwater and estuarine ecosystems and human livelihoods, and for self-regulation.
    • The lack of a minimum ecological flow also means an accumulation of other pollutants.

  • Report of the All India Tiger Estimation 2020

    India’s tiger population has reached a new high at 2,367.

    Before reading this newscard, try these PYQs:

    1. The term ‘M-STrIPES’ is sometimes seen in the news in the context of: (CSP 2017)

    (a) Captive breeding of Wild Fauna

    (b) Maintenance of Tiger Reserves

    (c) Indigenous Satellite Navigation System

    (d) Security of National Highways

    Q.Consider the following protected areas: (CSP 2012)

    1. Bandipur
    2. Bhitarkanika
    3. Manas
    4. Sunderbans

    Which of the above are declared Tiger Reserves?

    (a) 1 and 2 only

    (b) 1, 3 and 4 only

    (c) 2, 3 and 4 only

    (d) 1, 2, 3 and 4

    All India Tiger Estimation

    MP-tops-country-with-526-tigers-as-per-All-India-Tiger-Estimation-2018
    • The tiger count is prepared after every four years by the National Tiger Conservation Authority (NTCA) provides details on the number of tigers in the 18 tiger reign states with 50 tiger reserves.
    • However, this time, the census also included data collected from the rough terrains of north-eastern states which were not possible due to logistic constraints before.
    • The entire exercise spanned over four years is considered to be the world’s largest wildlife survey effort in terms of coverage and intensity of sampling.
    • Over 15, 000 cameras were installed at various strategic points to capture the movement of tigers. This was supported by extensive data collected by field personnel and satellite mapping.

    Details of the report

    • India has 70% of the world’s tigers, says the report.
    • Madhya Pradesh has the highest number of tigers at 526, closely followed by Karnataka (524) and Uttarakhand (442).
    • Chhattisgarh and Mizoram saw a decline in tiger population and all other States saw a “positive” increase, according to a press statement.

    Implementing CATS frameworks

    • India had embarked upon assessing management interventions through the globally developed Conservation Assured | Tiger Standards (CA|TS) framework.
    • This framework will now be extended to all fifty tiger reserves across the country.

    Back2Basics: Project Tiger

    • Project Tiger is a tiger conservation programme launched in April 1973 during PM Indira Gandhi’s tenure.
    • In 1970 India had only 1800 tigers and Project Tiger was launched in Jim Corbett National Park.
    • The project is administrated by the National Tiger Conservation Authority (NTCA).
    • It aims at ensuring a viable population of Bengal tigers in their natural habitats, protecting them from extinction etc.
    • Under this project the govt. has set up a Tiger Protection Force to combat poachers and funded relocation of villagers to minimize human-tiger conflicts.

  • [pib] Tuting-Tidding Suture Zone (TTSZ)

    Earthquake prone zones in India:

  • Global coalition of democracies amid Chinese assertion

    In the recent speed Mike Pompeo, the US Secretary of State, floated the idea of an ‘alliance of democracies’. This article discusses its implications for India.

    Two propositions on China

    • The US Secretary of State laid out two propositions.
    • One is that nearly five decades of US engagement with China have arrived at a dead-end.
    • Second is that the US can’t address the China challenge alone and called for collective action.
    • He mused on whether “it’s time for a new grouping of like-minded nations, a new alliance of democracies.”

    How it matters for India?

    • Both the propositions signal the breakdown of the relationship between the world’s two most important powers.
    • They also reflect on the need to create new frameworks to cope with emerging global challenges.
    • China, is a large neighbour of India and America, is India’s most important partner makes the new context rather different from the Cold War.

    Concerns for India in the propositions

    •  Many in Delhi would like to know if the current direction of China policy will endure if Joe Biden wins the presidential election in November.
    • India must pay close attention to the unfolding China debate in the US.
    • India also note the structural changes in American engagement with China over the last two decades.
    •  Delhi will certainly avoid calling the group proposed by US Secretary of State an “alliance”.
    • India would rather have it described as a “coalition of democracies”.

    Idea of ‘Coalition of democracies’

    • Over the last many years, India has become comfortable with the idea of a political partnership with the world’s leading democracies.
    • India also supported past US initiatives like-Clinton Administrations “Community of Democracies”, Bush Administrations democracy promotion fund at the UN.
    • Delhi has also welcomed President Trump’s initiative to convene an expanded gathering of the G-7 leaders.
    • The idea of democracies working together has an enduring appeal for the US.
    • India figures in this American vision is relatively new. So is Delhi’s readiness to reciprocate.

    Consider the question “In the ongoing geopolitical situation the U.S. has proposed the idea of ‘alliance of democracies’. Where does India feature in this vision and what are the implications of it for India.”

    Conclusion

    Constructing a global coalition of democracies will take much work and quite some time. But engaging with that initiative, amidst the rise and assertion of China, should open a whole range of new possibilities for Indian foreign and security policies.

    Original article:

    https://indianexpress.com/article/opinion/columns/us-india-democracy-china-cold-war-global-economy-6526409/

  • 28th July 2020 | Prelims Daily with Previous Year Questions

    [WpProQuiz 491]

    [WpProQuiz_toplist 490]

  • 25th July 2020 | Prelims Daily with Previous Year Questions

    [WpProQuiz 490]

    [WpProQuiz_toplist 489]

  • Nutrition security along with food security

    • The “State of Food Security and Nutrition in the World” was recently released.

    About the report

    • It is published by the UN Food and Agriculture Organization (FAO) and other UN agencies including the WHO.
    • The report estimated that 820 million people worldwide did not have enough to eat in 2018, up from 811 million in the previous year.
    • At the same time, the number of overweight individuals and obesity continue to increase in all regions.

    Highlights of the report

    • The number of people going hungry has risen for the third year running to more than 820 million. After decades of decline, food insecurity began to increase in 2015.
    • Africa and Asia account for more than nine out of ten of the world’s stunted children, at 39.5% and 54.9% respectively.
    • However at the same time, obesity and excess weight are both on the rise in all regions, with school-age children and adults affected particularly.

    India scenario

    • The number of obese adults in India has risen by a fourth in four years, from 24.1 million in 2012 to 32.8 million in 2016.
    • While India’s undernourished population has dropped by roughly the same fraction in 12 years, from 253.9 million in 2004-06 to 194.4 million in 2016-18.

    Compared with China

    • The report has a section on economic growth in China and India, and its effect on poverty.
    • Between 1990 and 2017, the two countries had an average GDP per capita growth rate of 8.6 per cent and 4.5 per cent respectively, the report said, citing World Bank.
    • In both countries, the increase in GDP per capita has been accompanied by poverty reduction.

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