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  • 21st Nov| Daily Answer Writing Enhancement

    Topics for Today’s questions:

    GS-1            Modern Indian history from about the middle of the eighteenth century until the present – significant events, personalities, issues.

    GS-2          Statutory, regulatory and various quasi-judicial bodies.

    GS-3          Conservation, environmental pollution and degradation, environmental impact assessment.

    GS-4        Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions

    Question 1)

     

    Q.1 Systems and institutions created by the British colonial government in India were a result of British economic interests in India. Elaborate. (10 Marks)

     

    Question 2)

    Q.2 Highlighting the maladies that the quasi-judicial courts in India suffer from, suggest ways to streamline their work. (10 Marks)

    Question 3)

    Q.3 Underline factors responsible for poor solid waste management in Indian cities. In what ways can the trinity of citizens, businesses, and the governments tackle this hazard. (15 Marks)

    Question 4)  

    Q.4 Civil servants often face a crisis of conscience when fulfilling their official duties. In your opinion, what are the reasons for such crisis? How can they be resolved? (10 Marks)

     

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  • Q.4 Civil servants often face a crisis of conscience when fulfilling their official duties. In your opinion, what are the reasons for such crisis? How can they be resolved? (10 Marks)

    Mentor’s Comments-

    • Start the answer with the meaning of conscience and then explain the meaning of crisis of conscience.
    • In the main body of your answer, define some of the situations where civil servants face a crisis of conscience and what are the reasons for such conflicts. For the next part discuss ways to resolve such crisis.
    • Conclude your answer with your own opinion or opinion of some scholar regarding importance of conscience.

  • Q.3 Underline factors responsible for poor solid waste management in Indian cities. In what ways can the trinity of citizens, businesses, and the governments tackle this hazard. (15 Marks)

    Mentor’s Comments-

  • Q.2 Highlighting the maladies that the quasi-judicial courts in India suffer from, suggest ways to streamline their work. (10 Marks)

    Mentor’s Comments-

  • Q.1 Systems and institutions created by the British colonial government in India were a result of British economic interests in India. Elaborate. (10 Marks)

    Mentor’s Comments-

    • Introduce with change of Indian economy after British rule.
    • In the body discuss, how different colonial institutions and systems were shaped by British economic interests.
    • Conclude by referring subjugation of Indian economy to British economy as the outcome of colonial rule.

     

  • Limiting the Anti-Biotic Pollution and Anti-microbial resistance (AMR)

    Anti-microbial

    Context

    • Almost half, or 43 per cent, of the world’s rivers are contaminated with active pharmaceutical ingredients in concentrations that can have disastrous ramifications on health. The industry must prioritize wastewater management and process controls to limit antibiotic pollution and Anti-microbial resistance (AMR). 18-22 November is observed as World Antimicrobial awareness week.

    What is Anti-microbial resistance (AMR)?

    • Antimicrobial resistance (AMR or AR) is the ability of a microbe to resist the effects of medication that once could successfully treat the microbe
    • Antibiotic resistance occurs naturally, but misuse of antibiotics in humans and animals is accelerating the process.
    • A growing number of infections – such as pneumonia, tuberculosis, gonorrhoea, and salmonellosis – are becoming harder to treat as the antibiotics used to treat them become less effective.
    • It leads to higher medical costs, prolonged hospital stays, and increased mortality.

    Anti-microbial

    Importance of Pharma Industry

    • Important sector of economy: The recently adopted Glasgow Climate Pact has called upon countries to facilitate the adoption of greener technologies to phase out the use of fossil fuels. The development and deployment of such technologies is also critical for the pharmaceutical sector that has formed the backbone of the growth of many economies including India.
    • Improving the health outcomes: The Pharma sector plays a fundamental role in improving health outcomes through the invention of life-saving products.
    • 20% of global supply of medication: Pivoting to sustainable waste management and process-control practices assumes acute significance in the Indian context. India already accounts for 20 per cent of the global supply of medication, making it the largest supplier of generic medicines worldwide.

    Anti-microbial

    Anti-biotic Pollution and Anti-microbial resistance (AMR)

    • Pharmaceutical pollution in the country: Recently, widescale pharmaceutical pollution has been reported across the country, particularly in pharmaceutical hubs like Himachal Pradesh, Andhra Pradesh, and Telangana.
    • Untreated waste release into rivers: The release of untreated effluents into the soil and water bodies add to the pollution of the environment during the manufacturing of various pharmaceuticals, including antibiotics. Further, untreated antibiotic residues also accelerate the build-up of antimicrobial resistance (AMR).
    • High emission intensity: Pharma sectors emission intensity is 55 per cent more than the automotive sector.
    • AMR is public health threat: AMR is often dubbed as one of the top 10 public health threats facing humanity. It occurs when disease-causing pathogens develop a resistance against the pharmaceuticals that could have neutralized them. In 2019, AMR accounted for more than half a million deaths in the European region and about five million globally.
    • Accumulation of AMR in ecosystem: The build-up of AMR can happen due to several factors across the human, animal, and environmental ecosystems.

    Government policies to prevent Anti-biotic pollution in India

    • National Action Plan on AMR (NAP-AMR): India’s production capacity is all set to expand further with the government’s recent impetus on the domestic production of pharmaceuticals. Against this background, the country’s National Action Plan on AMR (NAP-AMR) called for limiting pharmaceutical pollution.
    • Surveillance of residues discharged: Strategic Pillars 2 and 3 under the NAP-AMR focused on developing frameworks for the surveillance of residues discharged in the environment and developing a plan to reduce the environmental impact on AMR, respectively. However, this policy impetus is yet to translate into on-ground implementation.
    • Benefits to manufacturers with greener practices: The government can take a cue from countries like the United Kingdom, Norway, Sweden and Germany, among others, which have policies in place that provide benefits to manufacturers with greener practices.

    How pharmaceutical industry can improve its waste management?

    • Use of innovative technologies: Adopting innovative technology and self-regulation can help the industry reduce its carbon footprint and minimize its environmental impact.
    • State-of-art API technology: Centrient Pharmaceuticals Netherlands BV’s plant at Toansa, Punjab, where the adoption of state-of-art API technology led to a 60-62 per cent reduction in the plant’s carbon footprint.
    • Regulating the discharge: The AMR Industry Alliance (AMRIA) has developed the Predicted No-Effect Concentrations (PNEC) criteria further to facilitate the industry in regulating its discharge of effluents.
    • Strict compliance of guidelines: The compliance to PNEC value for Centrist’s oral API product line and supply chain has helped the company reduce the environmental impact of manufacturing.

    Conclusion

    • The containment of AMR in India is crucial for realizing several policy goals, including the United Nations Sustainable Development Goals. While collective action is needed from various stakeholders, the domestic pharmaceutical industry should also take the lead, especially in limiting antibiotic pollution.

    Mains Question

    Q. Explain the linkages between Anti-biotic pollution and anti-microbial resistance (AMR). How government and pharma industry join the hands to reduce the anti-biotic pollution?

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  • The curious case of Fiscal Federalism in India

    Federalism

    Context

    • NITI Aayog has not taken any major steps since its constitution to promote cooperative federalism. Contrary to its public statements on promoting cooperative federalism, the Government of India has been accused of doing exactly the opposite. The following instances clearly demonstrate as to how the central government’s policies have undermined the spirit of federalism and eroded the autonomy of the States.

    Why the states are angry over hypocrisy of the Centre?

    • Centre raises off budget borrowings states are restricted: The borrowings by corporations against State guarantees are mostly used for capital investment. The Centre has also been raising off Budget borrowings but mainly for meeting revenue expenditure.
    • CAG report on extra budgetary resources: The Comptroller and Auditor General of India (C&AG) Report on the Compliance of FRBM Act for 2017-18 and 2018-19 pointed out as many as eight instances of meeting revenue expenditure through Extra Budgetary Resources (EBR).
    • Unjustified limitations on states: Revenue expenditure met through EBR by the Centre amounted to ₹81,282 crore in 2017-18 and ₹1,58,107 crore in 2018-19. Such borrowings were not reflected in the Budget of the central government. In view of this, treating off Budget borrowings of State corporations as States’ borrowings retrospectively is totally unjustified.

    Federalism

    Unhappiness about the grants by the finance commission’s recommendations?

    • Special grants are not given to states: The Fifteenth Finance Commission, in its first report, had recommended a special grant to three States amounting to ₹6,764 crore to ensure that the tax devolution in 2020-21 in absolute terms should not be less than the amount of devolution received by these States in 2019-20. This recommendation was not accepted by the Union Government.
    • Nutritional grants are accepted: the recommendation relating to grants for nutrition amounting to ₹7,735 crore was not accepted.
    • Grants to states are refused by the Centre: A similar approach has been followed by the Union Government with regard to grants to States recommended by the Finance Commission for the period 2021-26.
    • Sector and state specific grants: The sector specific grants and State specific grants recommended by the Commission amounting to ₹1,29,987 crore and ₹49,599 crore, respectively, have not been accepted. This clearly demonstrates that the Union Government has undermined the stature of the institution of the Finance Commission and cooperative federalism.

    How borrowing of the states is controlled by the Centre?

    • Changes in off budget borrowing norms: decision to treat off Budget borrowings from 2021-22 onwards serviced from the State budgets as States’ borrowings and adjusting them against borrowing limits under Fiscal Responsibility and Budget Management (FRBM) in 2022-23 and following years is against all norms.
    • No recommendations by finance commission: This is the first time that the Government of India is proposing to treat off Budget borrowings as government borrowings retrospectively from 2021-22. The Government of India has indicated that such a decision is in accordance with the recommendation of the Finance Commission. In fact, there is no recommendation to this effect by the Fifteenth Finance Commission. The Finance Commission recommended that governments at all tiers may observe strict discipline by resisting any further additions to the stock of off Budget transactions.
    • No amendment to FRBM act: It observed that in view of the uncertainty that prevails now, the timetable for defining and achieving debt sustainability may be examined by a high-powered intergovernmental group and that the FRBM Act may be amended as per the recommendations of this group to ensure that the legislations of the Union and the States are consistent. No such group has been appointed so far by the Centre.

    Federalism

    Cess and Surcharge- A tool to raise revenue for Centre not available to the states

    • Rising share of cess and surcharges: The government has been resorting to the levy of cesses and surcharges, as these are not shareable with the States under the Constitution. The share of cesses and surcharges in the gross tax revenue of the Centre increased from 13.5% in 2014-15 to 20% in the Budget estimates for 2022-23.
    • States don’t get all share in divisible pool: Though the States’ share in the Central taxes is 41%, as recommended by the Fifteenth Finance Commission, they only get a 29.6% share because of higher cesses and surcharges.
    • Undermining the purpose of cess: The C&AG in its Audit Report on Union Government Accounts for 2018-19 observed that of the ₹2,74,592 crore collected from 35 cesses in 2018-19, only ₹1,64,322 crore had been credited to the dedicated funds and the rest was retained in the Consolidated Fund of India. This is another instance of denying States of their due share as per the constitutional provisions.
    • Increasing centrally sponsor scheme and burden on state: Committee after committee appointed by the Government of India has emphasised the need to curtail the number of Centrally Sponsored Schemes (CSS) and restrict them to a few areas of national importance. But, what the Government of India has done is to group them under certain broad umbrella heads (currently 28). In addition, in 2015, the Centre increased the States’ share in a number of CSS, thereby burdening States. Most of the CSS are operated in the subjects included in the State list. Thus, States have lost their autonomy.
    • NITI Aayoge recommendations are not accepted: The Sub-Committee of Chief Ministers appointed by NITI Aayog has recommended a reduction in the number of schemes and the introduction of optional schemes. These recommendations have not been acted upon.

    Federalism

    Conclusion

    • Finance commission is balancing wheel of fiscal federalism. Share of states in central taxes may have increased but cess and surcharges have also increased. Off budget borrowing on states can lifted provided should reduce the unnecessary freebies in the state budget.

    Mains Question

    Q. Fiscal federalism is tilted in favour of Centre. Elaborate. How Cess and surcharges are discriminatory against the state governments?

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  • Quasi-Judicial Bodies

    Quasi-Judicial

    Context

    • There is a class of quasi-judicial agencies that are not discussed in conversations on the pendency of cases. Their failure to administer speedy justice leads to harassment of citizens, besides abetting criminal activity by unscrupulous elements.

    What are the quasi-judicial bodies

    • Role of adjudicating the law: A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
    • Not a court of law: It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law. For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
    • Some examples of Quasi-Judicial Bodies: Election Commission of India, National Green Tribunal, Central Information Commission (CIC), Lok Adalat etc.

    Functioning of quasi-judicial bodies

    • Supervise the administrative disputes: They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies.
    • Lessen the burden on courts: These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law.
    • Limited role of adjudication: Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation.
    • Rules of justice are pre-determined: Awards and judgements of quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed.
    • Its award can be challenged in court: Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.

    Problems faced by quasi-judicial authorities

    • Understaffing of bodies: The maladies that these agencies suffer from are far graver than judicial set-ups, as they are staffed by revenue authorities who have several other functions. Usually, many of these offices are understaffed.
    • More administrative and less judicial work: Their engagement with duties such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
    • Limited access to records: Their access to court clerks and record keepers is limited. Computers and video recorders are not available in many of these courts. Only a few states such as Maharashtra, Madhya Pradesh and Rajasthan have electronic platforms for supporting activities such as the filing of cases, publication of cause lists and sending summons.
    • Lack of knowledge about procedures: Several of the presiding officers lack proper knowledge of law and procedures which has landed many a civil servant in deep trouble in sensitive matters such as those related to arms licences.
    • Data is unavailable: Data on the level of pendency or the speed of disposal is not compiled in many states. This is why there is scarcely any attempt to increase staff strength. There is hardly any public scrutiny say by the press or legislature.

    How to improve the functioning of Quasi-judicial bodies?

    • Priority of the government: The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
    • Collection of data is must: Detailed data on the functioning of these agencies must be collected and published from time to time at least annually.
    • Digitization of judicial data: An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons, movement of case records between courts, issuing copies of the judgments and so on.
    • Mandatory annual inspection: annual inspections of the subordinate courts should be made mandatory. This should be an important indicator for assessment by the superior authority.
    • Study on functioning of this bodies: Interdisciplinary research on the functioning of these courts should be encouraged. This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
    • Time to time training of authorities: Regular training and orientation of the adjudicating authorities should be taken up from time to time.
    • State performance index should be published: The state index of performance of these quasi-judicial courts be made and published.
    • Online publication of awards by authorities: Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
    • Rigorous induction training: More rigorous induction training of officials handling judicial work would help. The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
    • Procedural reforms: Procedural reforms such as minimizing adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by these adjudicating bodies.

    Conclusion

    • Quasi-judicial bodies form the substantial institutions of judicial system. It is regularly side-lined when we talk about the judicial reforms. If we could make our quasi-judicial bodies function properly and efficiently, it will reduce the burden on High courts and Supreme court.

    Mains Question

    Q. Why the quasi-judicial bodies are underperforming in India? Which steps are needed to improve the functioning of quasi-judicial bodies?

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  • [EPW] Lay-Off Crisis and India

    layoff

    Context

    • Silicon Valley’s tough times continue with Amazon expected to enforce job cuts that could impact close to 10,000 employees.
    • Amazon’s layoffs come after other major tech companies, such as Meta, Twitter, Snap, and Microsoft, have already implemented such measures.
    • A few days before that Twitter led by its new owner Elon Musk also witnessed mass layoffs.

    Lay-off crisis is grappling India too

    • The biggest technology companies are bracing for troubled times ahead as the Covid-19 induced acceleration and growth has not kept pace.
    • With talks of global recession, technology companies, typically seen as big spenders, are now resorting to cost-cutting.
    • Indian Startups have also faced this trouble with media reports saying that approximately ten thousand employees have been laid off by startups in mainly edtech and ecommerce sectors this year.

    Forced layoffs and restructuring have become common strategies for companies struggling to compete. So what is the reason for this Lay-Off crisis, its impact and how is it expected to play out in the future.

    What one means by Lay-Off?

    • A layoff is the temporary or permanent termination of employment by an employer for reasons unrelated to the employee’s performance.
    • Employees may be laid off when companies aim to cut costs, due to a decline in demand for their products or services, seasonal closure, or during an economic downturn.
    • When laid off, employees lose all wages and company benefits but qualify for unemployment insurance or compensation (typically in USA).

    Why do companies resort to layoffs?

    • Cost reduction: One of the main reasons why workers get laid off is because the company decides to cut back on costs in some way. The need can arise from the fact that the company is not making enough profits to cover its expenses or because it needs substantial extra cash to address paying off debt.
    • Staffing redundancies: Layoffs also occur when a company needs to eliminate some positions due to over-staffing, outsourcing, or a modification to the roles.  A company may want to eliminate redundant positions in order to make its operations more efficient.  
    • Relocation: Moving the company’s operations from one area to another can also bring about the need to let go of some workers. Shutting down the initial location will not only affect the workers who get laid off but the surrounding community’s economy as well.
    • Merger or buyout: If a business is bought out or decides to merge with another, the change might lead to a change in the company’s leadership and corporate direction. If there’s new management, the chances are that they’ll come up with new goals and plans, and this can lead to layoffs.  

    Immediate triggers of Lay-Off

    • Pandemic Boom: During the pandemic, there was a surge in demand as people were in lockdown and they were spending a lot of time on the internet. The overall consumption saw an upsurge following which the companies went to increase their output to meet the market requirements.
    • Over hiring during pandemic: In order to meet the demands, many tech companies went on a hiring spree anticipating the boom to continue even after the pandemic. However, as the curbs were eased and people started stepping out of their homes, consumption fell, resulting in heavy losses to these big tech companies. Some of these resources were hired at a higher cost because of the sudden upsurge in demand.
    • Fear of recession: As the demand is coming back to pre-Covid levels and seeing the debt bubble almost about to burst and fearing recession, these companies are cutting down their costs by closing down low-performing projects and laying off the excess and high-cost resources they hired to accelerate growth.
    • Russia-Ukraine War: The war has also contributed to these layoffs as it has made the market more volatile. This is clearly visible from stock market volatility.
    • Inflation: Rising inflation has also impacted several world economies severely leading to a crisis in the job market as well. The world is currently hitting a reset button to overcome all these ups and downs.

    Lay-Offs scenario in India

    • Among the startups that have laid off people, 10 startups were from the e-commerce industry while 7 startups were from edtech.
    • Of these startups, seven to be specific, were unicorns—Ola, Byju’s, Unacademy, Vedantu, Cars24 and Mobile Premier League (MPL).
    • Another unicorn, Blinkit, which was formerly known as Grofers, fired people when it was a unicorn but lost its unicorn status during acquisition by Zomato.

    Impacts of Lay-offs

    • Cut-throat market competition: Layoffs are a painful but expected fact of life in a market economy exposed to competition and trade.
    • Immense loss to the workers: Layoffs can be damaging psychologically as well as financially to the affected workers as well as their families, communities, colleagues, and other businesses.
    • Decreased customer loyalty: When a company lays off its employees it sends out a message to customers that it is undergoing some sort of crisis.  
    • Emotional Distress: The person who is laid off suffers the most distress, but remaining employees suffer emotionally as well. The productivity level of employees who work in fear is likely to go down.

    Lessons for India

    • Indian startups grew at a notoriously faster pace than its neighboring regions.
    • But the layoffs are a sobering reminder that the bigger the startups became, the harder they fell.
    • Just because a startup had touched a sky-high valuation did not immediately mean its employees’ jobs were insured.

    Way forward

    • Voluntary retirement program: This enables individuals to transition to retirement smoothly.
    • Cut back on the extras: If a company is laying off workers to reduce costs, it can look for other avenues of saving money. For example, the company managers can freeze additional hiring, reduce or remove bonuses.
    • Consider a virtual office: Another way to cut down on costs is to keep only the most important staff onsite and send the rest of the workers home to work remotely.  
    • Offer more unpaid time off: A company owner can also save money by offering more unpaid time off rather than eliminating workers’ positions.  

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  • India’s Soft Loans to neighbours up to $15 billion

    The volume of India’s soft loans to neighboring countries has increased from about $3 billion to almost $15 billion in the last eight years.

    What are Soft Loans?

    • A soft loan is a loan with no interest or a below-market rate of interest.
    • Also known as “soft financing” or “concessional funding,” soft loans have lenient terms such as-
    1. Namesake interest rate
    2. Extended grace periods in which only interest or service charges are due
    3. Interest holidays
    4. Long tenure up to 50 years
    • Soft loans are often made by multinational development banks such as the Asian Development Fund affiliates of the World Bank etc.

    Why are soft loans popular?

    • Diplomatic tool: Soft loans are often offered not only as a way to support developing nations but also to form economic and political ties with them.
    • Economic benefit: Nations exchange credit in return of some important resources.
    • Geopolitics: Soft loans have been an important diplomatic tool to sustain political influence in the neighborhood and beyond as well as counter the growing Chinese presence, especially in Africa.

    Pros and cons of Soft Loans

    • Pro: Breaks for Business– Soft loans offer favorable business opportunities.
    • Con: Shaky Returns– The length of time it may take to repay a soft loan could mean the lender is tied to the borrower for an extended number of years.

    Did India take any soft loan?

    • For instance, in 2015, Japan offered a soft loan to India to cover 80% of the cost for a $15 billion fund a bullet train project at a less than 1% interest rate.
    • This was done with the caveat that India would purchase 30% of the equipment for the project from Japanese companies.
    • By the time the countries signed a formal agreement, Japan’s commitment increased to 85% of the cost, in the form of soft loans, for a then-estimated $19 billion project cost.

    Using soft loans as a diplomatic tool

    • The amount of development assistance India has offered to other nations in 2019-20 was more than twice what it had extended in 2011-12.
    • However, such loans have usually gone to countries in Asia, Africa and Latin America that are lower down the economic strength ladder.
    • India has extended a total of $27.8 billion in lines of credit since 2002-03.

    Conclusion

    • Extending development assistance is nothing new for India and about half of the foreign ministry’s budget is made up of grants and loans to foreign governments, especially India’s neighbours.
    • For a country that for long had to rely on international loans to meet key development goals, India understands the diplomatic value of providing a helping hand.

     

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  • 67% drop in PM-KISAN pay-out in 3 years

    pm kisan

    The number of farmers who received the 11th installment of funds from the Prime Minister’s Kisan Samman Nidhi (PM-KISAN) had fallen by 67%.

    What is PM-KISAN?

    • The PM-KISAN Yojana is a government scheme through which, all small and marginal farmers will get up to Rs 6,000 per year as minimum income support.
    • It is a Central Sector scheme with 100% funding from GoI. It has become operational since 1st December 2018.
    • Under the PM-KISAN scheme, all landholding farmers’ families shall be provided with the financial benefit of Rs. 6000 per annum per family payable in three equal instalments of Rs. 2000 each, every four months.
    • The definition of the family for the scheme is husband, wife, and minor children.
    • State Government and UT administration will identify the farmer families which are eligible for support as per scheme guidelines.
    • The fund will be directly transferred to the bank accounts of the beneficiaries.

    Note: Aadhaar was made optional for availing the first instalment (December 2018 – March 2019). But now it is mandatory.

    Who are NOT eligible for PM-KISAN?

    The following categories of beneficiaries of higher economic status shall not be eligible for benefit under the scheme.

    • All Institutional Landholders

    Farmer families that belong to one or more of the following categories:

    • Former and present holders of constitutional posts
    • Former and present Ministers/ State Ministers and former/present Members of Lok Sabha/ Rajya Sabha/ State Legislative Assemblies/ State Legislative Councils, former and present Mayors of Municipal Corporations, former and present Chairpersons of District Panchayats.
    • All serving or retired officers and employees of Central/ State Government Ministries
    • All superannuated/retired pensioners whose monthly pension is Rs.10,000/-or more. (Excluding Multi-Tasking Staff / Class IV/Group D employees) of the above category
    • All Persons who paid Income Tax in the last assessment year
    • Professionals like Doctors, Engineers, Lawyers, Chartered Accountants, and Architects registered with Professional bodies and carrying out the profession by undertaking practices.

    Note: It is not so easy to remember all such exclusions. But one must be able to recognize them by applying pure logic and thumb rule. This can be well understood from the PYQ given.

    Plus, West Bengal is yet to implement the PM-KISAN scheme while the farmers have completed their registrations!

    Why in news?

    Ans. Fall in number of beneficiaries

    • PM Kisan was one of the largest Director Benefits Transfer schemes in the world and certain higher income categories of farmer families were excluded from the benefits.
    • But 67% reduction in overall beneficiaries clearly points to exclusion of eligible beneficiaries too.
    • Only about three crore farmers in India had received all the 11 instalments.

    How are states responsible?

    • The responsibility of maintaining the data of beneficiaries, remained with the States.
    • The Scheme extensively uses digital technologies to verify eligibility of farmers.
    • States/ UTs upload the data of eligible farmers after verification of the farmers, in terms of eligibility and exclusion criterion prescribed under the scheme.
    • The data of farmers so uploaded by States goes through several validations, through the portals of UIDAI, PFMS, Income Tax Portal and NPCI.

    Try this PYQ:

    Q.Under the Kisan Credit Card Scheme, short-term credit support is given to farmers for which of the following purposes? (CSP 2020)

    1. Working capital for maintenance of farm assets
    2. Purchase of combine harvesters, tractors and mini trucks
    3. Consumption requirements of farm households
    4. Construction of family house and setting up of village cold storage facility
    5. Construction of family house and setting up of village cold storage facility

    Select the correct answer using the code given below:

    (a) 1,2 and 5 only

    (b) 1,3 and 4 only

    (c) 2,3,4 and 5 only

    (d) 1, 2, 3 and 4

     

    Post your answers here.

     

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  • Arun Goel appointed as Election Commissioner

    Former secretary of the Ministry of Heavy Industries Arun Goel has been appointed as the Election Commissioner.

    About Election Commission of India (ECI)

    • The ECI is a constitutional body was established by the Constitution of India to conduct and regulate elections in the country.
    • Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections.
    • The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
    • Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.
    • The Election Commission operates under the authority of Constitution per Article 324 and subsequently enacted Representation of the People Act.

    Composition of ECI

    • The ECI was established in 1950 and originally only had one Chief Election Commissioner.
    • Two additional Commissioners were appointed to the commission for the first time during the 1989 General Election, but they had a very short tenure, ending on 1 January 1990.
    • The Election Commissioners are assisted by Deputy Election Commissioners, who are generally IAS officers.
    • They are further assisted by Directors General, Principal Secretaries, and Secretaries and Under Secretaries.
    • At the state level, Election Commission is assisted by the Chief Electoral Officer of the State, who is an IAS officer of Principal Secretary rank.
    • At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.

    Tenure

    • The tenure of election commissioners is not prescribed by Indian Constitution.
    • However, the Election Commission conduct of service Act, 1991 prescribes the term of service.
    • Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years, or up to the age of 65 years, whichever is earlier, from the date on which he/she assumes his/her office.

    Removal from office

    • The Chief Election Commissioner of India can be represented removed from their office in a manner similar to the removal of a judge of the Supreme Court of India.
    • It requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.
    • Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.
    • A Chief Election Commissioner has never been impeached in India.

    Recent incidence of criticisms of ECI

    Ans. Partiality in Elections

    • Over the last couple of years, several actions and omissions of the commission have come in for criticism.
    • Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
    • They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.

    Importance of ECI for India

    • Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
    • Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
    • Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
    • Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
      equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
    • Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.

    Issues with ECI

    • Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
    • No security of tenure: Election commissioners aren’t constitutionally protected with security of tenure.
    • Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
    • Political favor: The opposition alleged that the ECI was favoring the ruling party by giving clean chit to the model code of conduct violations made by the PM.
    • Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

     

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  • A&N’s first application for GI tag for the Nicobari Hodi Craft

    hodi

    The Geographical Indications Registry at Chennai, has received an application from the Tribal Development Council, Andaman & Nicobar Islands, seeking the GI tag for the Nicobari hodi craft.

    Why in news?

    About Nicobari Hodi Craft

    • The hodi is the Nicobari tribe’s traditional craft.
    • It is an outrigger canoe, very commonly operated in the Nicobar group of islands.
    • The hodi is built using either locally available trees or from nearby islands, and its design varies slightly from island to island.
    • Hodis are used for transporting people and goods from one island to another, for sending coconuts, for fishing and racing purposes.
    • The tuhet, a group of families under a headman, consider the hodi an asset.
    • Hodi races are held between islands and villages.
    • The technical skills for building a hodi are based on indigenous knowledge inherited by the Nicobarese from their forefathers.

    How many GI tags have been accorded so far?

    • The Geographical Indications Registry, established in Chennai in September 2003, has received over 1,000 applications.
    • An application seeking GI tag for the Banaras’ thandai (a beverage made with milk, dry fruits and spices) was the 1,000th application.
    • Data shows that, as on date, around 1,015 applications have been filed at the Chennai office and of them, GI tags have been given to 422 products.

    Back2Basics:  Geographical Indication

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

     

     

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  • Everything you need to know about ‘Friendshoring’

    friendshoring

    In her visit to India last week, US secretary of treasury Janet Yellen reiterated her country’s stance of pushing for “friendshoring” to diversify away from countries that present geopolitical risk.

    What is Friendshoring?

    • Friendshoring is a strategy where a country sources the raw materials, components and even manufactured goods from countries that share its values.
    • The dependence on the countries considered a “threat” to the stability of the supply chains is slowly reduced.
    • It is also called “allyshoring”.
    • Apple’s announcement to shift its iPhone manufacturing facilities from China to India.

    US push for friendshoring

    • In the current case, Yellen said that Russia has long presented itself as a reliable energy partner, but in the Ukraine war, Putin has weaponized the gas “against the people of Europe”.
    • Another country Yellen mentioned in her speech was China.
    • She said it currently controls over 80 per cent of global solar panel production.
    • However, there are reports that in parts of the country, like Xinjiang, the production of panels takes place through forced labour.

    Issues with friendshoring

    • Friendshoring may push the world towards a more isolated place for trade and reverse the gains of globalisation.
    • It is a part of the “deglobalisation” process.
    • While moving supply chains away from East Asia could increase security in the long run, an ill-conceived implementation of this friendshoring strategy could result in price hikes and a stronger China over time.

     

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  • Principles of Financial Consumer Protection

    Consumer Protection

    Context

    • Earlier this year, the G20/OECD released a draft of the proposed revisions to their 2011 High-level Principles on Financial Consumer Protection. As India takes over G20 presidency in December, it must lead others by example and adopt the revised principles, especially since the global financial markets are headed for a stormy future.

    What is Financial Consumer Protection (FCP)?

    • Financial consumer protection encompasses the laws, regulations, and institutional arrangements that safeguard consumers in the financial marketplace. It includes technical guidance, country reports, and tools for policymakers, regulators, development partners and other experts.

    Background of Financial Consumer Protection

    • 10 thematic areas: The 2011 principles covered 10 thematic areas reflecting the market and consumer issues, including equitable and fair consumer treatment, disclosures and transparency, and financial education.
    • Two additional principles included: In October, the fourth finance ministers and central bank governors meeting endorsed these principles. In 2022, two additional principles were included access and inclusion and quality financial products.
    • Recommendation for intervention: The updated principles also recommend intervention by regulators in certain high-risk products, cultivating appropriate firm culture and using behavioral insights to better consumer outcomes.
    • These principles deal with three cross-cutting themes
    1. Financial well-being,
    2. Digitalization and
    3. Sustainable finance.

    Financial well-being under Financial Consumer Protection

    • Individual financial well-being: OECD’s working definition of “individual financial well-being” refers to being in control, feeling secure and having freedom about one’s own current and future finances.
    • Easy disclosure to consumers: An effective FCP regime must ensure adequate and easy to understand disclosures to consumers. However, an information dump for mere compliance defeats this purpose, especially in India where financial literacy is not pervasive.
    • Risk profiling by service provider: Regulators such as SEBI prescribe certain financial service providers to assess customer suitability and undertake risk profiling before providing services.
    • India does not recognize this theme: At present, India does not recognise this concept. Going forward, faced with challenges like financial illiteracy and economic hardship, it may be worth considering.

    Consumer Protection

    Digitization under FCP

    • Increasing digital channels in financial domain: FCP must factor in the increasing number of digital channels consumers use to interact with financial products and services and the impact of greater use of artificial intelligence and other emerging technologies.
    • Guideline on digital lending by RBI: In September, the RBI released guidelines on digital lending, mandating entities providing digital lending services to have a grievance redress officer, assess a borrower’s creditworthiness before extending credit, and allow a borrower to exit without penalty.
    • Poor grievance redressal: Additionally, there are concerns regarding redress of grievances against payment service providers in the UPI ecosystem. With the rising number of UPI transactions and the largely unregulated status of cryptocurrencies, FCP will continue to be relevant.

    Sustainable finance under FCP

    • Multi-dimensional approach: There is growing consumer demand for sustainable financial investments. Financial services providers are incorporating environmental, social and governance factors into their operations, products and services.
    • Transparency is must: FCP recommends improved transparency to help consumers make informed choices.
    • BRSR by SEBI: SEBI has transitioned from “business responsibility reporting” to “business responsibility and sustainability reporting” (BRSR) to promote responsible corporate governance vis-à-vis climate change.
    • Mandatory disclosure by BRSR: Eligible companies under BRSR must provide certain disclosures, including a sustainability performance report. This allows investors to make an informed decision. Similar disclosures must be introduced in other market segments.

    Consumer Protection

    Conclusion

    • The RBI’s financial inclusion index shows that an increasing number of people are entering financial markets. FCP is central to ensuring that they continue to stay. The current regulatory landscape is sectoral and fragmented, resulting in regulatory arbitrage, as witnessed in the case of digital gold. Regulators must take a coordinated approach to protect consumers.

  • Constituent Assembly Debate and Ideal Conduct of Governor

    Governor

    Context

    • In recent years, there has been an erosion of constitutional provisions, constitutional morality, and constitutional ethos being witnessed among various constitutional bodies. The conduct of the Governors of some States has made a mockery of the Constitution and its limitations.

    Governor

    Constituent assembly debates about the Governor

    • Exercise of Power according to constitution: In 1949, Prof. K.T. Shah debating Article 130 (now Article 154) said: “the Constitution should make it imperative upon the Governor to use its power in accordance with the Constitution and the Law, that is to say, on the advice of his Ministers as provided for in the subsequent clauses and in other parts of the Constitution.”
    • Appointment of governor by president: It was hotly debated whether the Governor should be appointed by the President of India or should be elected. Fearing that this would create a parallel State leadership, the Assembly instead adopted appointment by the President.
    • Good governor and Bad Governor: G. Kher said: “a Governor can do a great deal of good if he is a good Governor and he can do a great deal of mischief, if he is a bad Governor, in spite of the very little power given to him under the Constitution”
    • Friendly intervention of the Governor: K. Sen said, “The question is whether by interfering, the Governor would be upholding the democratic idea or subverting it. It would really be a surrender of democracy. We have decided that the Governor should be a constitutional head. He would be the person really to lubricate the machinery and to see to it that all the wheels are going well by reason not of his interference, but his friendly intervention.”
    • Aid and advice of cabinet: R. Ambedkar said, according to the principles of the New Constitution, Governor is required to follow the advice of his ministry in all matters. Therefore, the real issue before the House is not nomination or election, but what powers you propose to give to your Governor.
    • Nomination of governor and not election: If the Governor is a purely constitutional Governor with no more powers than what we contemplate expressly to give him in the Act. I personally do not see any very fundamental objection to the principle of nomination.”

    Governor

    Constitutional Provision Regarding Governor

    • Article 153: Provides a Governor for each State, and by virtue of Article 154, the executive power of the State shall be vested in the Governor “Shall be exercised by him directly or through officers subordinate to him in accordance with this Constitution”.
    • Article 154(2)(a): Prohibits the Governor from exercising any function “conferred by existing law on any other Authority”.
    • Article 163: Categorically provides that “there shall be a council of ministers with the Chief Minister at the head to aid and advise the Governor… except in so far as he is by or under this Constitution required to exercise his function or any of them in his discretion”.

    How governor ideally supposed to conduct his duty?

    • Shamsher Singh vs State of Punjab: The Supreme Court, in Shamsher Singh vs State of Punjab, decided on this issue in 1974: The Governor exercises “all his powers and functions” by making rules for the convenient transactions of the business of the government of the State in accordance with Article 166 of the Constitution. These are called Rules of Business.
    • Satisfaction of governor is satisfaction of cabinet: The Court however amplified that “wherever the constitution requires satisfaction of the President or the Governor for the exercise of any power or function by the President or the Governor, as the case may be, as for example in Articles 123, 213, 311(2) proviso (c), 317, 352(1), 356 and 360. The satisfaction required by the Constitution …. is the satisfaction of the President or of the Governor in the Constitutional sense under the Cabinet system of the Government”.
    • Use of discretion in harmony with council of ministers: The Court went on to hold that “the discretion conferred on the Governor means that as the Constitutional or the formal head of the State, the power is vested in him” and that it is only in the exercise of the power under Article 356 that the Governor will be justified in exercising his discretion even against the aid and advice of his council of ministers as per his discretionary power but, in all other matters where the Governor acts in his discretion, he will act in harmony with his Council of Ministers.
    • No parallel administration by governor: The Constitution does not aim at providing a parallel administration. The basic philosophy is that in a democracy, the elected Ministers must accept responsibility for every executive act and that the Council of Ministers alone represents a responsible form of government in the States.

    Governor

    Conclusion

    • Governor’s role is to assist the Chief minister of state and not creating the trouble for Chief Minister. Governor should not act in a manner that undermines the dignity of constitutional post of Governor. Governor must follow the constitutional morality while discharging his duty.
  • 19th Nov 2022 | Prelims Daily with Previous Year Questions

    19th Nov 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1166]

    [WpProQuiz_toplist 1166]

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  • Political participation and representation of Women in India

    representation

    Context

    • A truly representative democracy seeks adequate representation of women in politics. India is the largest and one of the most resilient parliamentary democracies in the world. Women’s representation in India’s Parliament has improved since independence. It is an important metric to evaluate progress in bridging gender inequalities in the country.

    Background: Gender Inequality in Politics

    • Women historically been Politically marginalized: Women, who constitute almost one-half of the world’s population (49.58 percent), have historically been politically marginalized in both developed and developing nations.
    • Beginning of social reforms: From the mid-19thcentury onwards, however, social movements have succeeded in effecting widespread reforms.
    • UN charter: The charter of the United Nations Organization (UNO, started in 1945) supported women’s rights.
    • International Bill of Rights for women: With the rise of feminist movements of the 1960s and ‘70s, the UN General Assembly in 1979 adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), often considered as an International Bill of Rights for women. In the Convention, Article 7 upholds women’s right to hold political and public office.
    • Millennium development goals (MDGs), included gender equality: In 2000, UN member states adopted the Millennium Declaration and outlined eight Millennium Development Goals (MDGs), to be achieved by 2015, which included promoting gender equality.
    • Empowering women under Sustainable Development Goals (SDGs): In January 2016 the initiative was extended to pursue 17 Sustainable Development Goals (SDGs) of which Goal 5 seeks to “achieve gender equality and empower all women and girls”, ensuring “women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.”

    representation

    The present status of Women representation in politics worldwide.

    • Representative governments increased but women count remains low: According to UN Women, as of September 2022, there were 30 women serving as elected heads of state and/or of government in 28 countries (out of a total of 193 UN member states).
    • Dichotomy in active participation: There is the dichotomy between the rapid increase of women’s participation as voters in elections and other political activities, and the slow rise of female representation in Parliament.
    • Global average women representation: As of May 2022, the global average of female representation in national parliaments was 26.2 percent.
    • Above average representation: The Americas, Europe, and Sub-Saharan Africa have women’s representation above the global average;
    • Below average representation: Asia, the Pacific region, and the Middle East and Northern Africa (MENA) region, are below average.
    • Varied representation within Asian countries:
    • The South Asian countries faring worse than the others.
    • IPU data of May 2022 showed that women’s representation in Nepal, for example, was 34 percent, in Bangladesh 21 percent, in Pakistan 20 percent, in Bhutan 17 percent and in Sri Lanka 5 percent.
    • For India, women’s representation in the Lok Sabha (the Lower House) has remained slightly below 15 percent.
    • The study does not include Afghanistan, but World Bank data of 2021 stated that female representation in the country’s last parliament was 27 percent.

    representation

    Journey of Women’s Political Participation in India 

    • Before Independence: India has a history of marginalization and exploitation of women framed by patriarchal social structures and mindsets.
    • Beginning of social reforms and participation in Freedom struggle: The Indian freedom movement, starting with the swadeshi in Bengal (1905-08) also witnessed the impressive participation of women, who organized political demonstrations and mobilized resources, as well as occupied leadership positions in those movements.
    • Post-Independence: After India attained independence, its Constitution guaranteed equal status for men and women in all political, social and economic spheres.
    • Equality guaranteed by The Constitution:
    • Part III of the Constitution guarantees the fundamental rights of men and women.
    • The Directive Principles of State Policy ensure economic empowerment by providing for equal pay for equal work by both men and women, humane conditions of work, and maternity relief.
    • Any Indian citizen who is registered as a voter and is over 25, can contest elections to the lower house of Parliament (Lok Sabha) or the state legislative assemblies; for the upper house (Rajya Sabha) the minimum age is 30.
    • Articles 325 and 326 of the Constitution guarantee political equality and the right to vote.
    • Reservation for women in local bodies: In 1992, the 73rdand 74th amendments to the Constitution provided for reservation of one-third of the total number of seats for women in Panchayati Raj Institutions (PRIs) and municipal bodies.

    representation

    Three main parameters to assess women’s participation in politics in India

    1. Women as Voters: In the last Lok Sabha election of 2019, almost as many women voted as men a watershed in India’s progress towards gender equality in politics which has been called a “silent revolution of self-empowerment The increased participation, especially since the 1990s, is attributed to a number of factors.
    2. Women as Candidates: Overall, however, while women candidates in parliamentary elections have increased over time their proportion compared to male candidates remains low. In the 2019 Lok Sabha elections, of the total of 8,049 candidates in the fray, less than 9 percent were women.
    3. Women’s Representation in Parliament: Although women’s participation as voters in elections has increased significantly, the data on women’s representation in both the Lok Sabha and Rajya Sabha suggests that the proportion of women representatives has remained low in comparison to their male counterparts.

    Just to know:  

    • The highest proportion of women representatives elected to the Lok Sabha so far was in the 2019 elections, and it was less than 15 percent of total
    • The number of women candidates and MPs varies greatly across states and parties.
    • In the present Lok Sabha (17th), Uttar Pradesh and West Bengal have the highest numbers of women MPs. In terms of percentage, Goa and Manipur had fielded the highest proportion of women candidates.

    Why female representation in Parliament and state legislatures remained low?

    • Inaccessibility of Institutions: Election records show that most political parties, though pledging in their constitutions to provide adequate representation to women, in practice give far too few party tickets to women candidates. A study found that a large section of women who do get party tickets have family political connections, or are ‘dynastic’ politicians. With normal routes of accessibility limited, such connections are often an entry point for women
    • Notion of women less likely to win: It is still widely held in political circles that women candidates are less likely to win elections than men, which leads to political parties giving them fewer tickets.
    • Challenging Structural Conditions: Election campaigns in India are extremely demanding and time-consuming. Women politicians, with family commitments and the responsibilities of child care, often find it difficult to fully participate
    • Highly vulnerable: Women politicians have been constantly subjected to humiliation, inappropriate comments, abuse and threats of abuse, making participation and contesting elections extremely challenging.
    • Expensive electoral system: Financing is also an obstacle as many women are financially dependent on their families. Fighting parliamentary elections can be extremely expensive, and massive financial resources are required to be able to put up a formidable contest. Absent adequate support from their parties, women candidates are compelled to arrange for their own campaign financing this is a huge challenge that deters their participation
    • Internalized patriarchy: A phenomenon known as ‘internalized patriarchy’ where many women consider it their duty to priorities family and household over political ambitions.

    Why women participation in law making process is so important?

    • Political empowerment: Legislative representation is fundamental to political empowerment, enabling participation in the law-making process. Legislatures play a vital role in raising debates and discussions on various aspects of governance and in exacting accountability from the government.
    • Shows the status of gender parity: Women’s representation in the national parliament is a key indicator of the extent of gender equality in parliamentary politics.
    • Women bring different skills to politics: According to Political scientist, Anne “women bring different skills to politics and provide role models for future generations; they appeal to justice between sexes.
    • Facilitates specific interests of women in policy: Their inclusion in politics facilitates representation of the specific interests of women in state policy and creates conditions for a revitalized democracy that bridges the gap between representation and participation.
    • Highly effective and less likely to be criminal and corrupt: Study found that, women legislators perform better in their constituencies on economic indicators than their male counterparts also women legislators are less likely to be criminal and corrupt, more efficacious, and less vulnerable to political opportunism.

    Way ahead

    • It should be made legally obligatory for every registered political party to give one-third of the total number of party tickets it distributes at every election to women. The Representation of People Act, 1950, will have to be amended to enable this strategy.
    • Second, if the party-level reform proves difficult, the Women’s Reservation Bill 2008 which mandated reservation of one-third of parliamentary and state assembly seats for women will have to be revived.

    Notes in short: Can be used in answers, essays and debates accordingly.

    1. Despite strong patriarchal norms, the country is seeing an increase in women’s political participation, parallel to higher levels of education and growing financial independence.
    2. The number of women contesting parliamentary and state legislative elections remains limited.
    3. Where constitutionally mandated reservation of seats for women has been provided at the local self-government level, women’s representation has increased.
    4. However, political parties, the primary vehicle of electoral politics, remain largely inaccessible for women to contest parliamentary and legislative elections even after 75 years of Indian independence.

    Conclusion

    • The organic shift to opening up spaces for women in Indian parliamentary politics has been slow. More women are needed in these platforms to transform the discourse on governance and policy-making, and bring India closer to becoming a truly inclusive and representative democracy.

     

  • [Burning issue] Self-Reliance in Defence Manufacturing

    [Burning issue] Self-Reliance in Defence Manufacturing

    defence

    Context

    • Defence-Expo 2022 held in Gandhinagar, Gujarat in October drew attention to a major policy initiative, the need for India to acquire the appropriate degree of “Atma-nirbharata” (self-reliance) in the defence sector.
    • In this context, this edition of burning issue is will analyse the issues which ail the Indian defence industry, its present status and what all steps are needed to achieve “Atma-nirbharta” in the Defense sector.

    About the Indian defence industry

    • India has the third largest armed forces in the world.
    • India has one of the largest defence industrial complexes in the developing world. Currently, it consists of 39 ordnance factories, 9 defence public sector undertakings under the administrative control of the Ministry of Defence (MoD); and 150-odd companies in the private sector.
    • In addition, there are 50-odd dedicated research laboratories and establishments under the umbrella of the Defence Research and Development Organisation (DRDO), the premier research and development (R&D) wing of MoD.
    • Together, these entities, which employ over 200,000 people, produced arms and other stuff worth over Rs. 46,428 crore ($7.6 billion) in 2014-15.
    • It is the world’s fifth-largest spender on defence. India’s annual defence budget for Financial Year (FY) 2018-19 was about Rs 2,95,511 crore (at the BE stage). It spends approximately 35 per cent of its defence budget on capital acquisition.
    • India is one of the few countries to have designed and produced a fourth-plus generation fighter aircraft, nuclear submarine, main battle tank, and intercontinental ballistic missile with a range of more than 5000 km.
    • However, despite all these, the Indian defence sector faces several challenges

    Why self-reliance in defence is necessary?

    • Reducing import dependence: India was the world’s second-largest arms importer from 2014-18, ceding the long-held tag as the largest importer to Saudi Arabia, which accounted for 12% of the total imports during the period, says 2019 SIPRI report. Such higher import dependency leads to an increase in the fiscal deficit.
    • Security Imperative: Indigenization in defence is critical to national security also. It keeps intact the technological expertise and encourages spin-off technologies and innovation that often stem from it. India is surrounded by porous borders and hostile neighbours who need to be self-sufficient and self-reliant in defence production.
    • Economic boost: Indigenization in defence can help create a large industry which also includes small manufacturers. Example: the USA has a strong defence industry with companies like Lockheed martin contributing to economic growth as well.
    • Employment generation: Defence manufacturing will lead to the generation of satellite industries that in turn will pave the way for a generation of employment opportunities. As per government estimates, a reduction of 20-25% in defence-related imports could directly create an additional 100,000 to 120,000 highly skilled jobs in India.
    • Counter China: If India doesn’t develop its defence industry, China will emerge as the sole defence equipment manufacturer and supplier in the region.
    • Improve Global standing: India is striving for a permanent seat at the United Nations Security Council (UNSC), however, it cannot remain effectively a net importer of security from four out of five permanent members of the UNSC.

    Challenges in achieving self-reliance in the defence sector in India

    • High import dependence: India imports nearly 60 per cent of its military hardware requirements from global arms manufacturing countries. As per SIPRI data, the value of imports of defence systems by India for the period 2013-16 was approximately Rs 82,496 crore. India accounts for 14 per cent of all global arms imports and has the dubious distinction of being the largest importer of arms in the world.
    • Low self-sufficiency levels: Despite having a strong DIB, the long-cherished goal of achieving a minimum of 70 per cent self-sufficiency in defence procurement remains elusive. Currently, India’s self-reliance is hovering at around just 35- 40 per cent.
    • Technology transfer dependence: India is mostly involved in the licensed production or manufacturing of defence equipment based on the Transfer of Technologies (TOT) obtained through the purchase of main equipment/systems in the past from the Original Equipment Manufacturers (OEMs).
    • Dependency even for raw materials: The Comptroller and Auditor General of India (CAG) in a 2011 report to Parliament had expressed its displeasure at the 90 per cent import dependency of the state-owned Hindustan Aeronautics Ltd (HAL) for ‘raw materials and bought out items’ for production of what is touted as indigenously designed and developed Advanced Light Helicopter (ALH).
    • Lack of funding: There is a lack of funding, as the incremental increase in the country’s defence budget is not enough to undertake big-ticket modernisation plans for the armed forces. Further, there will be a need for capital for enhancing the capacity and capabilities of the DPSUs, Ord Fys and DRDO.

    Reasons for these lacking

    • Weak domestic industry: This is largely due to the non-availability of modern, hi-tech and advanced weapon systems through the domestic industry (public and private). Though such imports serve the immediate needs of the country, in the larger perspective, they delay the process of indigenisation. There has been very limited participation of the private sector (less than 5 per cent) in the overall defence acquisition.
    • Failure of DPSUs: The DPSUs/Ord Fys/DRDO were raised with the expectation to create self-reliance in the field of defence manufacturing, however, the same has remained elusive so far. Over the years, the contribution of the DPSUs/Ord Fys has been dismal, which is adequately mirrored in their decreasing stake in India’s capital budget.
    • Gaps in the capacity and capability: There are gaps in the capacity and capability of the DPSUs/Ord Fys/ DRDO vis-à-vis the requirements of the armed forces for modernisation/ upgradation of the equipment profile, which leads to the off-the-shelf procurement of arms/weapon systems ex-import.
    • Dismal participation in R&D: There is enormous scope for investment in defence R&D by the public as well as the private sector. As per a study carried out by Institute for Defence Studies and Analyses (IDSA), the OFB invests only 0.7 per cent of its budget in R&D against the minimum inescapable requirement of 3 per cent. It was also revealed that four of nine DPSUs do not own a single patent or copyright.
    • Low FDI inflows: There is a lack of Foreign Direct Investment (FDI) in the defence sector. The aspect of FDI has not received adequate importance so far and, hence, there has been very low FDI in the defence sector.

    Defence Industrialisation Phases in India

    India’s defence industrialisation can be divided into five different phases:

    • Phase 1: The Quest for Self-Sufficiency India’s defence industrialisation immediately after independence was influenced by the country’s socialistic and centralised planning system reflected in the first Industrial Policy Resolution adopted in 1948.
    • Phase 2: Self-Sufficiency to Self-Reliance The events of the 1960s, particularly the 1962 war with China and the India-Pakistan war of 1965 brought about a major change in India’s defence policy. Not only India’s defence budget as a percentage of GDP increased in the subsequent years but also the approach towards arms procurement policy and indigenous defence production changed.
    • Phase 3: Self-Reliance through Coproduction Beginning with the mid-1980s, the government pumped up resources on R&D to enable DRDO to undertake high-profile projects. A major beginning in this respect was made in 1983 with sanctioning of IGMDP, LCA Tejas project.
    • Phase 4: While co-development/co-production remains a distinct feature of India’s defence industrialisation process since the late 1990s, the approach towards self-reliance has taken a major turn since the early 2000s, when the government decided to allow 100 per cent participation of the private sector in defence production.
    • Phase 5: Self-Reliance through the Make in India Initiative. The Make in India initiative is not restricted to the defence industry; it covers 25 diverse sectors and constitutes a part of the Modi government’s larger economic plan to propel the share of manufacturing in GDP to 25 per cent (from 16 per cent at present) and create 100 million additional jobs by 2022

    International model: How Chinese defence industry grew up?

    • Initially used soviet technologies: The Chinese defense industry has undergone enormous changes in recent decades. Through much of the 1970s, China was primarily capable of producing weapons based on outdated Soviet technologies from the 1950s.
    • The Absorptive model: The Chinese defense industry has long relied heavily on an absorptive model in which firms acquire foreign military and dual-use technology and incorporate this into the design and development of products. This approach has significantly reduced the amount of time and money China has had to invest in R&D and sped up Chinese efforts to modernize its military.
    • Using Illegal ways: in addition to legally acquiring foreign know-how, China has also illegally copied and stolen foreign military and dual-use technology. In the 1990s, China purchased Russian Su-27 fighter jets and S-300 missile systems and reverse-engineered them to assist with designing its J-11 fighter jets and HQ-9 surface-to-air missiles.
    • Current thrust on innovation: Under President Xi Jinping, China has intensified its pursuit of MCF (junmin ronghe) as a means of making the defense industrial base more efficient and innovative. 

    Current scenario of India’s Defence exports

    With all the past efforts of the government, some positive developments have started taking place in the Indian defence sector.

    • Indian products on sale: India has put out a range of military hardware on sale which includes various missile systems, Light Combat Aircraft (LCA), helicopters, warship and patrol vessels, artillery guns, tanks, radars etc.
    • 700% growth in exports: From 2016-17 to 2018-19, the country’s defence exports have increased from ₹1,521 crore to ₹10,745 crores, a staggering 700% growth.
    • Exporting the defence material to 75 nations: India is exporting defence materials and equipment to more than 75 countries of the world. In 2021-22, defence exports from India reached $1.59 billion (about Rs 13,000 crore).
    • The target of $5 billion export: The government has now set a target of $5 billion (Rs 40,000 crore).” This is an ambitious target and will demand mission-mode resolve to be realised.
    • INS Vikrant: The commissioning of the indigenously-designed and built aircraft carrier INS Vikrant.
    • SLBM Missiles: The recent test fired SLBM (submarine-launched ballistic missile) from the INS Arihant is indigenously built.
    • LCH Prachand: The induction of the made-in-India Prachand LCH (light combat helicopter) is a significant leap.
    • Increased defence production: India’s defence manufacturing sector recorded increased production to US$ 11.85 billion in FY22 from US$ 10.9 billion in FY21. India’s defence production stood at Rs. 17, 885 crore (US$ 2.24 billion) in FY 2022-23 (until 1 August 2022). Defence production by PSUs stood at Rs. 10,831 crore (US$ 1.36 billion) in FY 2022-23 (until 1 August 2022)
    • Growth of startups: The Startup Incubation and Innovation Centre, IIT-Kanpur (SIIC IIT-Kanpur) recently signed an MoU with Defence Innovation Organisation (DIO) to nurture and support start ups and SMEs in the defence sector through its flagship programme iDEX Prime.
    • Improving defence procurements: Although progress from the Defence Procurement Procedure was modest at first, it has picked up in recent years; approximately $4.3 billion worth of offset contracts have been signed and launched since 2007.

     

    Steps taken by the Centre to boost defence production

    • Licensing relaxation: Measures announced to boost exports since 2014 include simplified defence industrial licensing, relaxation of export controls and grant of no-objection certificates.
    • Lines of Credit: Specific incentives were introduced under the foreign trade policy and the Ministry of External Affairs has facilitated Lines of Credit for countries to import defence products.
    • Policy boost: The Defence Ministry has also issued a draft Defence Production & Export Promotion Policy 2020.
    • Indigenization lists: On the domestic front, to boost indigenous manufacturing, the Government issued two “positive indigenization lists” consisting of 209 items that cannot be imported. Recently, the 4th indigenization list has been launched.
    • Budgetary allocation: In addition, a percentage of the capital outlay of the defence budget has been reserved for procurement from domestic industry.
    • Defence Industrial Corridors: The government has also announced 2 dedicated Corridors in the States of TN and UP to act as clusters of defence manufacturing that leverage existing infrastructure, and human capital.
    • Long-term vision: The vision of the government is to achieve a turnover of $25 bn including export of $5 bn in Aerospace and Defence goods and services by 2025.
    • Push for self-reliance: The govt has identified the Defence and Aerospace sector as a focus area for the ‘Aatmanirbhar Bharat’ or Self-Reliant India initiative.

    Way forward

    • Increasing the investment in R&D is necessary: At the heart of this challenge is the grim reality that historically, India has not invested enough in the national research and development (R&D) effort. As per data collated by the World Bank, India has been able to allocate only 0.66 per cent of GDP (2018) towards R&D, while the world average is 2.63 per cent.
    • Matching with the Global players in R&D: The comparable individual R&D allocation (per cent of GDP) for some other nations is as follows: Israel 5.44; USA 3.45; Japan 3.26; Germany 3.14; China 2.4; and Turkey 1.09.
    • Making the R&D prior national issue: Providing a sustained fillip to the national R&D effort across the board (state, corporate and academia) remains critical if India is to emerge as a credible military power and one would identify this as a high-priority issue for the national security apex the CCS (cabinet committee on security).

    Conclusion

    • India is in an unusual and perhaps unique position to build a vibrant local defence-industry ecosystem that could support both domestic and export demand, yielding material benefits to the industry and the nation. Self-reliance is the sine qua non in defence, in India and elsewhere, and developing a vital industry is a big step in that direction.
    • Meaningful indigenisation and credible “atma nirbharta” calls for sustained funding support, fortitude and an ecosystem that will nurture this effort.

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  • 10 years of POCSO: An analysis of India’s landmark child abuse law

    pocso

    Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, which deals specifically with child sexual abuse, an analysis of POCSO cases across India has found gaps in its implementation.

    Why was POCSO enacted?

    • The Constitution of India has incorporated several provisions to protect the rights of children and India has also been a signatory to landmark international instruments.
    • However, India lacked any dedicated provision against child sexual abuse.
    • Cases would be tried under different provisions of the Indian Penal Code, which was found to be ill-equipped.

    Evolution of POCSO

    • In the 1990s, a child sexual abuse racket was busted in Goa, following which the state government enacted a law to promote child rights in 2003.
    • Also, the Special Expert Committee under Justice VR Krishna Iyer presented a draft code for child rights in India – the Children’s Code Bill, 2000.
    • These two initiatives established the basis for dedicated legislation against child sexual abuse.
    • In 2005, the Department of Women and Child Development prepared a draft bill to address different offences targeted against children.
    • Contrary to the general perception then, the overall percentage of boys reporting experiencing sexual abuse was much higher than that of girls.
    • In September 2010, the Ministry of WCD prepared a draft Protection of Children from Sexual Offences Bill, 2010.
    • This after several rounds of revisions came into force as the POCSO Act on Children’s Day – 14 November, 2012.

    Features of the Act   

    • Gender neutrality: The Act is gender neutral and regards the best interests and welfare of the child. The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.
    • Definition of Child: The Act defines a child as any person below eighteen years of age.
    • Definitions of sexual abuses: It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
    • Prevents child trafficking: People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
    • Preventing re-victimization of child: Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system.
    • Sensitization of Police: The Act assigns a policeman in the role of child protector during the investigation process.
    • Child friendly investigation: The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible.
    • Speedy disposal: The Act provides for the establishment of Special Courts for the trial of such offences and stipulates that the case is disposed of within one year from the date of reporting of the offence.

    What is the rationale behind the legislation?

    • Multiple facets of crime: New forms of child abuse like online bullying, harassment and Child Pornography have emerged to a greater extent.
    • Exception handling: As per the last available data from the National Crime Records Bureau of child rape cases came up before the courts under the POCSO Act read with Indian Penal Code Section 376.
    • Larger conviction: Less than three per cent cases ended in convictions, pointing to the need for better access to justice for all, and not just more stringent conviction in a small percentage of cases.
    • Deterrence against crime: There is the belief that harsher punishments will deter people from committing child rape.
    • Zero-tolerance: Lastly, the disgust for the crime makes the perpetrator ‘deserving’ of death penalty.

    Issues with the Law

    • Recurrence of such crime: In the context of child rape, many preventive measures and policies do have a definitive impact on preventing child rape.
    • Lower conviction: The conviction rates are low under the Protection of Children from Sexual Offences Act, 2012.
    • Investigation bottlenecks: There is lack of specialised investigators, prosecutors, judges, mental health professionals, doctors, forensic experts and social workers.
    • Protection bottlenecks: Inadequate child protection and rehabilitation services, lack of compliance with child-friendly legal procedures are some other concerns.
    • Under-reporting: A large proportion of perpetrators are family members or those close to or known to the family. This results in massive underreporting of such crimes.
    • Protection of convicts: This concern will only intensify with death penalty, as the child’s family often settles a case of known person preventing him to the gallows.
    • Vulnerability: The arbitrariness of the death penalty in India also arises from the discriminatory impact of the choice of what constitutes ‘rarest of rare’.
    • Delay of trials: The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.
    • Communal Politicization:  Considering rapes on communal angles is another challenge. The Unnao rape case and Kathua rape case are some of the examples.

    Study of POCSO implementation

    • The analysis, titled ‘A Decade of POCSO’, was carried out by the Justice, Access and Lowering Delays in India (JALDI) Initiative.
    • It was held in collaboration with the Data Evidence for Justice Reform (DE JURE) program at the World Bank.
    • It analysed a total of 230,730 cases from 486 districts spanning 28 states and Union Territories, from 2012 to February 2021.
    • Case laws, policy interventions and case metadata was collected from the eCourts, the digital platform which gives information on pending cases, court orders, etc.

    Key findings on crimes against children

    • Low conviction rate: The analysis has found that 43.44% of trials under POCSO end in acquittals while only 14.03% end in convictions. For every one conviction in a POCSO case, there are three acquittals.
    • Accused were close kin: Out of 138 judgements looked at in detail by the study, only in 6% of the cases were the accused people strangers to the victim.

    Quality of justice under POCSO

    • Huge delay: The study has found on average, it takes 509.78 days for a POCSO case to be disposed of – whereas it has been stipulated under the Act that such cases need to be disposed of within a year.
    • High pendency: Though the pendency of POCSO cases was increasing gradually over the years, there was a sharp increase in the number of pending cases between 2019 and 2020, that could be attributed to the COVID-19 pandemic.
    • Frequent transfer of cases: A total of 22.76% of cases were disposed of by virtue of transfers from one court to another, and one-fifth of the cases in this dataset ended in transfers. Since POCSO cases are supposed to be tried by the Special Court.

    Gaps in implementation

    • Support persons are not being appointed in most cases: The Supreme Court had also noted that in 96% of cases, a support person was not provided to the victim.
    • POCSO courts have not been designated in all districts: As of 2022, 408 POCSO courts have been set up in 28 States as part of the Government’s Fast Track Special Court’s Scheme.
    • There is a lack of Special Public Prosecutors: They should be appointed specifically to handle POCSO cases, and even when they are appointed they are often employed for non-POCSO cases.

    Way forward

    • The social menace of child rape requires sustained planning, engagement, and investment of resources by the government.
    • The need of the hour is to prioritise prevention activities against abuse, creating safe (physical and online) environments for children.
    • Developing a comprehensive outreach system to engage parents, schools, communities, NGOs partners and local governments as well as police and lawyers is needed.
    • This will ensure better implementation of the legal framework, policies, national strategies and standards.

     

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