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  • [Prelims Spotlight] Polity Titbits: Fundamentals of Polity and Constitution

    15 Apr 2021

    Form of Government:

    1. Autocracy/ Absolute Monarchy – Concentration of power in one unelected hand
    2. Democracy – government on the basis of elections
    3. Constitutional Monarchy – head of state is king/ queen but acts on the aid and advice of elected council of ministers
    4. Republican Govt.- head of state is elected not a monarch

    Democracy

    Direct -people vote on every issue, they make laws for themselves

    Indirect/ Representative – people choose their representatives who make laws on their behalf

    Referendum -people voting on certain important issues in representative democracies

    Plebiscite – vote where people choose whether or not they want to remain in a state

    In representative democracy

    Written constitution – Laws can not be in violation of constitution. Constitution is supreme. Two types of laws – ordinary laws and constitutional laws

    Unwritten constitution – Laws framed by parliament is supreme i.e parliament is supreme. Ordinary law and constitution law one and the same

    So constitution basically limits the power of state. It has to abide by the constitution

    Who will interpret the constitution – Judiciary. It can review laws and policies of govt – not violative of constitution i.e Judicial review

    Legislature will frame the laws.

    Who will implement – Executive

    Two systems here

    1. Parliamentary form – Executives/ ministers come from Parliament/ must get themselves elected within 6 months.
    2. Presidential form – Executive is not part of legislature
    System of Govt Presidential Parliamentary/ Cabinet form
    Executive Not part of legislature Part of legislature
    Separation of Power Complete Incomplete
    Responsibility to legislature Not responsible Responsible to LokSabha
    Term Fixed term of both legislative and executive Loksabha and cabinet can be dissolved any time
    Govt and state Both head of govt and state Head of state, head of govt is PM, real power vests in PM

    Titbits

    1. In parliamentary form, head of government is prime minister while head of state is president (republic) or monarchy (constitutional monarchy) whereas president is both head of government as well as head of state in presidential form
    2. Incomplete separation of power in parliamentary form; complete separation of power in presidential form

    Form of Govt

    1. Unitary – Only 1 tier of govt for the whole country. Units do not get any power directly from the constitution. There may be local bodies and provinces but parliament delegates power to them
    2. Federal – more than 1, generally 2 tier. Units i.e states/ provinces derive power directly from the constitution

    Shades of Federalism:

    Federal features Unitary features
    Written constitution Area, names, boundaries of states can be changed
    Dual govt, Separate lists – union, state and concurrent Governor
    Judicial review Integrated and unified Judiciary – Supreme court at top
    Rigid constitution – when amending articles having interest of state Emergency provisions
    Bicameral legislature – RS is council of state CAG, EC, All India services, Single citizenship, single constitution

    Note:

    1. Federal government is possible only in countries with written constitution
    2. 3rd tier of governance i.e Panchayati Raj and Municipalities is not federalism but more decentralisation and local self governance.

    Various constitutional doctrines

    1. Separation of Powers – among legislative, executive and judiciary so that no one becomes all powerful
    2. Checks and Balances-  among the three: for instance, judicial review is judicial check on executive and legislature
    3. Doctrine of repugnancy – state law on concurrent list liable to be struck down if inconsistent with central law
    4. Doctrine of harmonious reconstruction – Constitutional provisions interpreted not in isolation but to be construed as to harmonize with those other parts
    5. Doctrine of pith and substance – finding out the true nature of a statute, an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list
    6. Doctrine of colorable legislation- Whatever legislature can’t do directly, it can’t do indirectly It is most commonly applied wrt article 246 (3 lists)when a Legislature does not possess the power to make law upon a particular subject but nonetheless indirectly makes one
    7. Basic Structure – Constitution has some basic structure which can not be amended even if all members of both the house vote to amend that provision (Keshvananda Bharati Case)
    8. Judicial review – Constitutional courts to examine whether laws or policies violate the constitution

    Historical background

    Timeline

    1. Regulating Act, 1773 – Governor of Bengal became Governor General of Bengal (not india) i.e Bombay and Madras presidency subordinate, Supreme court in Calcutta
    2. Pitts Act 1784 – Board of Control for political affairs, 1st time called British Possession in India
    3. Charter Act of 1833 – Centralization complete, Governor General of Bengal became that of India, law member introduced in the council
    4. Charter Act 1853 – Open competition for civil services
    5. Government of India Act 1858 – Act for good govt, abolished EIC, under direct rule of British govt/ crown now, Secretary of state post created
    6. Act of 1861 – Recognition to portfolio system, some indians nominated to council
    7. Act of 1892 – same story
    8. Act of 1909/ Morley – Minto – element of election introduced, 1st Indian in executive council of viceroy, Separate Electorate
    9. Act of 1919/ Montagu – Chelmsford – Dyarchy or dual govt in provinces – transferred and reserved subject, Bicameral legislature
    10. GOI Act 1935 – Federation, Autonomy to provinces, 3 lists, residuary powers in viceroy

    Titbits:

    1. From 1858 under direct control of British govt. Therefore, GOI acts, before that charter act (EIC charter) and regulating act
    2. Concurrent list was borrowed from GOI act 1935 as well as Australian constitution. Residuary power vests with centre now while it vested in viceroy in GOI act 1935
    3. 1st name is secretary of state and 2nd name is viceroy i.e Montagu and Morley are secretaries
    1st Governor General (GG) of Bengal (1773) Warren Hastings
    1st GG of India (1833) William Bentinck
    Last GG and 1st Viceroy (1858) Lord Canning
    1st law member (1833) Macaulay
    1st Indian to Viceroy’s executive council Satyendra Sinha

    Features from other constitution (Only Imp things)

    USA Federalism, Bill of rights, Judicial review, due process of law
    Britain Parliamentary system, Rule of law, Bicameralism
    Russia Fundamental duties, Justice
    France Republic, liberty, equality, fraternity
    Ireland DPSP, Nomination to RS
    Australia Concurrent list, Joint sitting
    Canada Federation with strong centre, residuary powers with centre, office of governor.
  • UPSC mock interview at CivilsDaily on 17-18th April | Book your slot now

    UPSC mock interview at CivilsDaily on 17-18th April | Book your slot now

    Schedule your mock interview with civilsdaily

    Schedule of Special Habitat sessions planned for interviews.

    Upcoming Mock interview and session

    This week’s mock interview dates have been fixed on 17-18th April.

    • Mock interview- 17-18th April (Book your slot)   
    • Time: 10 a.m. – 7 p.m.  
    • Mode: Online 

    Interview slots will be allocated on a first-come, first-served basis.  

    Schedule your mock interview with Civilsdaily

    Panelists for Mock Interviews: 

    1. Shri Shankar Aggarwal, IAS (retd.)
    2. Dr. Noor Mohammad, IAS (retd.)
    3. Shri T. N. Thakur, IAAS (retd.)
    4. Shri V. P. Singh, IRPS
    5. Mrs.Aditi Gupta, Corporate Leadership Specialist 
    6. Prof. U.M. Amin, Jamia Milia University
    7. Mr. Himanshu Arora, Economist, JNU, PMEAC 

    Tentative: Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.   

     You all are supposed to submit your DAFs and selfie videos answering four questions provided to you. These will form the basis for mock interviews, DAF analysis, and personalized DAF-based questionnaire.  

    About Transcend 2020: IGP mock interviews

    Mock Interviews at Civilsdaily form a crucial part of UPSC interview preparation. The quality and diversity of the panel help prepare an aspirant for the actual interview at UPSC. 

    Aspirants have benefited greatly from the mock interview and the feedback they get from the panel members after their mock interview. At the same time, we work with the aspirants to improve upon the areas highlighted by the panel.

    Aspirants will also get a personalized DAF-based questionnaire based on extensive research and linkages with the issues of national and international importance. 

     Note- For any query/sending DAFs and videos reach out to ajay@civilsdaily.com 

    Special Habitat session for UPSC interviews 2020

    Click here for habitat club for UPSC interviews

    Interview Club on Habitat brings together senior bureaucrats, serving officers, UPSC mentors, toppers and peers under one roof for a collaborative and cohort based learning and preparation for the UPSC interviews.

    From today onwards our we are starting a special session on Habitat’s Transcend: Interview Guidance Club to take up activities directed towards specific dimensions of the Personality Test.

    Habitat session timings: 6-7:30 pm

    Click here for habitat club for UPSC interviews

  • Develop analytical skills for UPSC IAS exam| Analytica by Alankrit Bhatia | Join 2 weeks workshop (link inside)

    Develop analytical skills for UPSC IAS exam| Analytica by Alankrit Bhatia | Join 2 weeks workshop (link inside)

    Enroll here in analytica program

    UPSC IAS is not just about information loading. Whatever you are studying must be analyzed in detail and linked with other topics. Moreover, you must learn how to utilize that information for different stages of the exam.

    Analytical skills help you visualize a problem’s complexity, process and organize it, solve it, make projections and generate new ideas. Analytical thinking involves using existing information to accurately assess situations and provide insight into how different factors interact.

    What is Analytica?

    In this Habitat club by Alankrit sir, you will be developing, learning, and practicing the analytical skills required for UPSC IAS preparation. An engaging discussion around important editorials and articles of the day along with daily worksheets you would be developing these skills.

    • Course fee: Rs 1200 + GST = 1416
    • Course start date: 19th April 2021
    • Duration: 2 weeks (5 days/week)
    • Join free sessions on Habitat general club (3pm).
    • Mode- Chat based

    Program inclusion

    • Important articles/editorials and other documents
    • Daily and a weekly worksheet
    • Twice a day Habitat session.
    • Mentorship by Alankrit Bhatia
    Enroll here in analytica program

    How the discussions will take place?

    The course will proceed by giving 3-5 news articles/topics a day. The links of the articles will be shared in advance. You’ll have to read it before the discussion. We will discuss in the Habitat clubs.

    The students will be encouraged and guided to share their views and
    develop linkages with the topics via the use of questions.

    The objective of the course is not to give a definite content but to make students brainstorm then and there and indulge in making new connections and linkages.

    How Habitat sessions are going to take place?

    Habitat is a chat-based learning platform and here Alankrit sir will be handholding and guiding you all through the course.

    Daily two sessions are planned, first one by Alankrit sir completely and second, driven by peers under the supervision of Alankrit sir.

    How to attend Analytica sessions and join the club?

    Click on the link below. It will take you to the Habitat course page. Click on enroll.

    Enroll here in analytica program

  • Mission Nikaalo Prelims | 60 Day Revision Course with Prelims Spotlight and Free Tests| Starts 15th April

    Mission Nikaalo Prelims | 60 Day Revision Course with Prelims Spotlight and Free Tests| Starts 15th April

    Download PDF Time Table here – Time-Table-Mission-Nikaalo-Prelims

    Dear students,

    We are thrilled to launch the 4th edition of our OPEN Crash Course [Nikaalo Prelims]. The last 3 editions have been immensely helpful to aspirants who wanted a fast-paced revision sequence. With Nikaalo Prelims you get our full commitment for the next 60 days with these 3 things: 

    1. Prelims Spotlight (simplified, synthesized, byte-sized information collated in notes)
    2. Static & CA Tests (alternate days, 20 questions with rich explainers)

    Note: If you want to see how our prelims test series have helped aspirants in the past, both in building capabilities, smart hacks and prediction (relevance), please read on this link

    How is this program any different from the other “x-day revision programs”?

    There are many institutes and websites offering open crash courses (that too for free) and most of them have their heart & efforts in a good place. Like them, we also believed that drawing up a time table and collating questions together in one place will help in an effective revision. Major pillars of the programs are:

    1. Prelims SPOTLIGHT

    This initiative is meant to help you revise details and facts that can be asked in prelims. They are simplified, synthesized and prepared using most authentic sources. These can easily slip your mind or you can easily confuse these. Continuous Revision for the same is required. The themes picked up in the spotlight are not random but after analyzing and scrutinizing the PYQs of several years. Dare you to miss the updates!

    You will get PDFs for these notes. Trust us, less is more. We won’t overwhelm. you with content just coz we can 

    1. Static Subject Revision and Tests 

    The timetable for the static subjects is released. Tests will start on the 6th of March. 

    Coverage and Relevance are the 2 Pillars of our Tests.

    1. You appear for a test every alternate day at 8 PM. 
    2. We believe some breathing time is necessary to ensure consistency and efficiency. Besides, a good revision also requires quality time commitment. 
    3. Instant score after you submit your test with proper explanations for the questions. 
    4. Top 10 Ranks will be announced for every test at the launch of the next test.  
    5. Please ensure you attempt the tests with utmost sincerity.

    Download PDF Time Table here – Time-Table-Mission-Nikaalo-Prelims

    3. Nikaalo Prelims Habitat club

    All material, notes and doubt sessions will take place on Habitat club. Click here to join Nikaalo Prelims Habitat club

    You can also search for 2021 Nikaalo Prelims club on Habitat.

    Keep the Josh High !!!

  • NCAHP Bill 2020

    The article highlights the key aspects of NCAHP Bill 2020 which recognises the allied healthcare professionals and seeks to regulate and set the standards of education.

    Regulating allied health professions

    • The National Commission for Allied and Healthcare Professions Bill, 2020 (NCAHP) was passed by Parliament in March.
    • Global evidence demonstrates the vital role of allied professionals in the delivery of healthcare services.
    • They are the first to recognise the problems of the patients and serve as safety nets.
    • Their awareness of patient care accountability adds tremendous value to the healthcare team in both the public and private sectors.
    • The passage of this Bill has the potential to overhaul the entire allied health workforce by establishing institutes of excellence and regulating the scope of practice by focusing on task shifting and task-re distribution.

    What the Bill provides for

    • This legislation provides for regulation and maintenance of standards of education and services by allied and healthcare professionals and the maintenance of a central register of such professionals.
    • It recognises over 50 professions such as physiotherapists, optometrists, nutritionists, medical laboratory professionals, radiotherapy technology professionals, which had hitherto lacked a comprehensive regulatory mechanism.
    • This Bill classifies allied professionals using the International System of Classification of Occupations (ISCO code).
    • This facilitates global mobility and enables better opportunities for such professionals.
    • The Act aims to establish a central statutory body as a National Commission for Allied and Healthcare Professions.
    • The Bill has the provision for state councils to execute major functions through autonomous boards.

    Shift in perception and policy in healthcare delivery

    • There has been a paradigm shift in perception, policy, and programmatic interventions in healthcare delivery in India since 2017.
    • In the past, curative healthcare received substantially greater attention than preventive and promotive aspects.
    • Ayushman Bharat as a programmatic intervention, with its two pillars of Health and Wellness Centres (HWCs) and Pradhan Mantri Jan Arogya Yojana (PMJAY), operationalised certain critical recommendations of the National Health Policy, 2017, emphasising wellness in healthcare.
    • With PMJAY, the neediest are protected from catastrophic expenditure and India took the first step towards delivering comprehensive primary healthcare with HWCs.

    Conclusion

    Caring for patients with mental conditions, the elderly, those in need of palliative services, and enabling professional services for lifestyle change related to physical activity and diets, all require a trained, allied health workforce. The NCAHP is not only timely but critical to this changing paradigm.

  • BIMSTEC

    More than two decades after its formation, BIMSTEC still remains a work in progress. And it has many obstacles to overcome. The article highlights challenges and progress made so far.

    Background of BIMSTEC

    • The foreign ministers of BIMSTEC (the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) met virtually on April 1.
    • It was established as a grouping of four nations — India, Thailand, Bangladesh and Sri Lanka — through the Bangkok Declaration of 1997 to promote rapid economic development.
    • BIMSTEC was expanded later to include three more countries — Myanmar, Nepal and Bhutan.
    • It moved at a leisurely pace during its first 20 years with only three summits held and a record of modest achievements.

    Growing significance

    • BIMSTEC suddenly received special attention when India chose to treat it as a more practical instrument for regional cooperation over a faltering SAARC.
    • The BIMSTEC Leaders’ Retreat, followed by their Outreach Summit with the BRICS leaders in Goa in October 2016, drew considerable international limelight to the low-profile regional grouping.
    • At the fourth leaders’ summit in Kathmandu in 2018, a plan for institutional reform and renewal that would encompass economic and security cooperation was devised.
    • It took the important decision to craft a charter to provide BIMSTEC with a more formal and stronger foundation.
    • The shared goal now is to head towards “a Peaceful, Prosperous and Sustainable Bay of Bengal Region”.

    Why the recent summit is important

    • In the recent virtual summit, the foreign ministers cleared the draft for the BIMSTEC charter.
    • They endorsed the rationalisation of sectors and sub-sectors of activity, with each member-state serving as a lead for the assigned areas of special interest.
    • The ministers also conveyed their support for the Master Plan for Transport Connectivity.
    • Preparations have been completed for the signing of three agreements:
    • 1) Mutual legal assistance in criminal matters.
    • 2) Cooperation between diplomatic academies.
    • 3) The establishment of a technology transfer facility in Colombo.

    Lack of progress on trade

    • In the recent deliberation, there was no reference to the lack of progress on the trade and economic dossier.
    • A January 2018 study by the Federation of Indian Chambers of Commerce and Industry had suggested that BIMSTEC urgently needed a comprehensive Free Trade Agreement to be a real game-changer.
    • Ideally, it should cover trade in goods, services and investment; promote regulatory harmonisation; adopt policies that develop regional value chains, and eliminate non-tariff barriers.
    • Also lacking was an effort to enthuse and engage the vibrant business communities of these seven countries.
    • Over 20 rounds of negotiations to operationalise the BIMSTEC Free Trade Area Framework Agreement, signed in 2004, are yet to bear fruit.

    Achievements

    • Much has been achieved in Humanitarian Assistance and Disaster Relief and security, including counterterrorism, cybersecurity, and coastal security cooperation.
    • India has led through constant focus and follow-up.
    • While national business chambers are yet to be optimally engaged with the BIMSTEC project, the academic and strategic community has shown ample enthusiasm through the BIMSTEC Network of Policy Think Tanks and other fora.

    Challenges

    • A strong BIMSTEC presupposes cordial and tension-free bilateral relations among all its member-states.
    • However, there has been tensions in India-Nepal, India-Sri Lanka, and Bangladesh-Myanmar ties in recent years.
    • Second, uncertainties over SAARC hovers, complicating matters. Both Kathmandu and Colombo want the SAARC summit revived, even as they cooperate within BIMSTEC, with diluted zeal.
    • Third, China’s decisive intrusion in the South-Southeast Asian space has cast dark shadows.
    • Finally, the military coup in Myanmar and the continuation of popular resistance resulting in a protracted impasse have produced a new set of challenges.

    Consider the question “What are the challenges BIMSTEC faces in emerging as an alternative to the SAARC? What are its achievements?”

    Conclusion

    The grouping needs to reinvent itself, possibly even rename itself as ‘The Bay of Bengal Community’. It should consider holding regular annual summits. Only then will its leaders convince the region about their strong commitment to the new vision they have for this unique platform linking South Asia and Southeast Asia.

  • An aggressive vaccination drive holds the key to economic revival

    The article highlights the challenges posed by the second wave of covid and how aggressive vaccination could help dealing with the issue.

    Severe second covid wave in India

    • India’s daily new cases have surged past 1,50,000, much above the first peak.
    • In India’s first wave, the increase from 50,000 to about 1,00,000 cases took about 50 days; in the second wave, it’s taken just 13.
    • To start with, the second wave was more concentrated, with Maharashtra accounting for 60 per cent of cases.
    • While the top five states still account for about 65 per cent of cases, the reproduction (R) factor in almost 10 states is estimated to be two or higher, creating risks for a wider and more rapid spread, if unaddressed.

    Lessons from the first wave

    • Policymakers, businesses and households have all learnt from the first wave and with the private sector better adapted to “live with the virus”.
    • Therefore, the economic costs should hopefully not be comparable to the first wave. Yet, they may not be trivial either.
    • The five states that account for 65 per cent of new cases also account for almost 36 per cent of GDP.
    • As virus cases have grown and restrictions have been imposed, retail and recreational mobility across these five states, is down 10 per cent since mid-March.
    • Labour market surveys have also begun to show discernable impacts on both participation and unemployment rates.

    Implications of unequal recovery for developing countries

    • The IMF projects India’s FY22 growth at 12.5 per cent, this would still leave India about 8-9 per cent below the level of output that was projected pre-pandemic for the end of 2021-22.
    • The challenge for emerging markets is that, given the quantum of fiscal and monetary space expended in combating the first wave, space to respond to subsequent waves will be constrained.
    •  Owing to the fiscal support and pace of vaccinations the US will be the only large economy, apart from China, to surpass its pre-pandemic path.
    • This, resulted in increased US yields, tightened global financial conditions, induced dollar strength and triggered
    • All this makes it harder for emerging economies to respond expansively to domestic shocks.
    • In effect, the heterogeneity of the recovery across developed and emerging markets is imposing policy constraints on the latter which, ironically, will simply compound the economic divergence.

    Challenges for India

    • India’s fiscal space to respond to a second wave appears constrained due to the following two factors:
    • 1) In India’s case, consolidated public debt will approach 90 per cent of GDP.
    • 2) The consolidated public sector borrowing requirements are budgeted above 11 per cent of GDP in FY22.
    • The dependence on budgeted asset sales has only increased, both as a hedge to tax revenues that could be impacted from a second wave, and as a means of protecting expenditures.
    • It will be equally crucial to leaving enough space for higher MGNREGA demand and other safety nets on account of a second wave, even while protecting capital expenditures — which generate large multiplier effects on the economy.
    • Similarly, monetary policy is already very accommodative, and with core inflation sticky and elevated, global deflationary pressures entrenched, there are natural limits to the degree of more monetary accommodation.

    Aggressive vaccination is the key

    • Israel, the UK and the US have all demonstrated how aggressive vaccinations can bend the COVID-curve.
    • Therefore, the Indian government’s decision to approve a third vaccine and fast-track emergency approval for foreign-produced vaccines is unambiguously positive.
    • On the demand side, of an estimated 100-110 million population of seniors (60-plus) in India, only about 40 million have taken the vaccine over the last six weeks, suggesting a reluctance to get vaccinated.
    • But, in fact, it’s crucial to ensure the vulnerable — those whose probability of hospitalisation is the highest — are fully vaccinated to reduce pressure on the health infrastructure.

    Consider the question “What are the challenges posed to the developing countries by heterogeneity of recovery across the developed and developing countries?

    Conclusion

    Vaccinations should be construed as simultaneously delivering both a positive demand and supply shock (for the economy), and a negative demand shock (for health infrastructure), thereby providing the best chance to decisively break the trade-offs between lives and livelihoods that bedevilled emerging markets all of last year.

  • 14th April 2021 | Prelims Daily with Previous Year Questions

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  • India’s South Asian opportunity

    India-Pakistan relations weigh down heavily on the SAARC. This affects the economic development of the region. The highlight opportunity for India and Pakistan to separate politics from economics.

    Economic integration

    • There is a growing, but unstated, realisation that neither India nor Pakistan can wrest parts of Kashmir that each controls from the other.
    • A fair peace between India and Pakistan is not just good for the two states but for all the nations constituting the South Asian Association for Regional Cooperation (SAARC).
    • While SAARC has facilitated limited collaborations among its members, it has remained a victim of India-Pakistan posturing.
    • World Bank publication titled ‘A Glass Half Full’ conclude that there is explosive value to be derived from South Asian economic integration.
    • An economically transformed and integrated South Asian region could advantageously link up with China’s Belt and Road Initiative and even join the RCEP.

    Important role of India

    • Collectively with a population of slightly over 1.9 billion, South Asia has a GDP (PPP) of $12 trillion.
    • However, India’s enjoys an overwhelming ‘size imbalance’ in South Asia.
    • The shares of India in the total land area, population, and real GDP of South Asia in 2016 are 62%, 75%, and 83%, respectively.
    • The two other big countries in South Asia are Pakistan and Bangladesh with shares in regional GDP of only 7.6% and 5.6%, respectively.
    • Given its size and heft, only India can take the lead in transforming a grossly under-performing region like South Asia.

    Consider the question “How India-Pakistan relations affects the potential of SAARC? Examine the role both countries can play in the prosperity of the region through economic integration.”

    Conclusion

    This is the moment for India to think big and act big. But for that to happen, India needs to view peace with Pakistan not as a bilateral matter, but as essential and urgent, all the while viewing it as a chance of a lifetime, to dramatically transform South Asia for the better, no less.

  • Why the Personal Data Protection Bill matters

    The existing data protection framework based on IT Act 2000 falls short on several counts. The Personal Data Protection Bill seeks to deal with the shortcoming in it. The article explains how the two differs.

    Need for new data protection regime

    • The need for a more robust data protection legislation came to the fore in 2017 post the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd) v. Union of India.
    • In the judgment, the Court called for a data protection law that can effectively protect users’ privacy over their personal data.
    • Consequently, the Committee of Experts was formed under the Chairmanship of Justice (Retd) B.N. Srikrishna to suggest a draft data protection law.
    • The Personal Data Protection Bill, 2019, in its current form, is a revised version of the draft legislative document proposed by the Committee.

    Issues with the existing data protection framework

    • The Information Technology Act, 2000 governs how different entities collect and process users’ personal data in India.
    • However, entities could override the protections in the regime by taking users’ consent to processing personal data under broad terms and conditions.
    • This is problematic given that users might not understand the terms and conditions or the implications of giving consent.
    •  Further, the frameworks emphasise data security but do not place enough emphasis on data privacy.
    • As a result, entities could use the data for purposes different to those that the user consented to.
    •  The data protection provisions under the IT Act also do not apply to government agencies.
    • Finally, the regime seems to have become antiquated and inadequate in addressing risks emerging from new developments in data processing technology.

    How the new regime under Data Protection Bill 2019 is different

    • First, the Bill seeks to apply the data protection regime to both government and private entities across all sectors.
    • Second, the Bill seeks to emphasise data security and data privacy.
    • While entities will have to maintain security safeguards to protect personal data, they will also have to fulfill a set of data protection obligations and transparency and accountability measures.
    • Third, the Bill seeks to give users a set of rights over their personal data and means to exercise those rights.
    • Fourth, the Bill seeks to create an independent and powerful regulator known as the Data Protection Authority (DPA).
    • The DPA will monitor and regulate data processing activities to ensure their compliance with the regime.

    Concerns

    • Under clause 35, the Central government can exempt any government agency from complying with the Bill.
    • Similarly, users could find it difficult to enforce various user protection safeguards (such as rights and remedies) in the Bill.
    • For instance, the Bill threatens legal consequences for users who withdraw their consent for a data processing activity.
    • Additional concerns also emerge for the DPA as an independent effective regulator that can uphold users’ interests.

    Consider the question “What are the issues with the present framework in India for data and privacy protection? How the Personal Data Protection Bill seeks to address these issues?”

    Conclusion

    The Joint Parliamentary Committee that is scrutinising the Bill is expected to submit its final report in the Monsoon Session of Parliament in 2021 Taking this time to make some changes in the Bill targeted towards addressing various concerns in it could make a stronger and more effective data protection regime.

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