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  • AFSPA

    AFSPAContext

    • While AFSPA is repealed in 28 districts in Assam, 7 districts in Nagaland and 6 in Manipur, NSF president Kegwayhun Tep said that it should be repealed in all Northeastern states .

    What is Armed Forces (Special Powers) Act, 1958?

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    AFSPAWhat are the Special Powers?

    • Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

    AFSPAIssues with AFSPA

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Sexual Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
    • Autocracy: The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Recommendations to repeal AFSPA

    • Justice B.P. Jeevan Reddy Commission: The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.

    Why AFSPA should be repealed?

    • Human right violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging dark history of our conduct in Nagaland.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.

    Conclusion

    • To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords. While the move to withdraw AFSPA is welcome, it needs to be gradually erased. For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.

    Mains question

    Q. Do you think AFSPA is license to kill? Critically examine the utility of AFSPA today.

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  • 27th August 2022 | Prelims Daily with Previous Year Questions

    27th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1097]

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  • 26th August 2022 | Prelims Daily with Previous Year Questions

    26th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1096]

    [WpProQuiz_toplist 1096]

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  • 25th August 2022 | Prelims Daily with Previous Year Questions

    25th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1095]

    [WpProQuiz_toplist 1095]

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  • Three-judge bench to review SC Verdict on Poll Promises

    The Supreme Court has decided to reconsider a 2013 judgment on Poll Promises, which held that promises in the election manifesto do not constitute a “corrupt practice” under the law.

    What is the news?

    • A Bench led by the CJI, Ramana, ordered a three-judge Bench to be set up to review the court’s earlier position.

    Subramaniam Balaji Judgment: Invalidating certain Poll Promises

    • It was held that pre-poll promises made by political parties to entice voters do not fall within the ambit of Section 123 (corrupt practices) under the Representation of the People (RP) Act.
    • The judgment, delivered by a two-judge Bench, had observed that although the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP Act.
    • The reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people.

    Why revisit this judgment?

    • Rationale of the freebie: Now the CJI has said the three-judge Bench should consider whether an enforceable order can be passed to stop political parties in power from promising and distributing “irrational freebies”.
    • Freebie vs. Welfare schemes: He opined that such freebies are completely divorced from actual welfare schemes, using public money in order to merely “capture vote banks”.
    • Prevent bankruptcy: Freebies may create a situation wherein the State government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy.
    • Expert review: The new Bench would also deliberate if an expert body can be formed to independently study and make recommendations against the distribution of largesse at the cost of the national economy and public welfare.

    What amounts to Freebie?

    • The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
    • The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
    • From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
    • This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

    Examples of freebies

    1. Promise of Rs 15 lakh in our bank accounts
    2. Free TV, Laptops
    3. Free electricity
    4. Loan waivers
    5. Offering free public transport ride to all women in Delhi

    Why are such policies popular among the public?

    • Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
    • Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
    • Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
    • Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
    • Increased consumerism: The poor today also spend on things which appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
    • Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

    Can Freebies be compared with Welfare Politics?

    • These freebies are not bad. It is a part of social welfare.
    • Using freebies to lure voters is not good.
    • Voter’s greediness may lead to a problem in choosing a good leader.
    • When we don’t have a good leader then democracy will be a mockery.

    Impact of such policies

    • Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
    • Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
    • Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
    • Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
    • Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
    • Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
    • Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

    What cannot be accounted to a freebie?

    • MGNREGA scheme (rural employment guarantee scheme)
    • Right to Education (RTE)
    • Food Security through fair price shops ( under National Food Security Act)
    • Prime Minister Kisan Samman Yojana (PM-KISAN)

    Arguments in favour

    • Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
    • Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
    • Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
    • Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
    • Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.

    Conclusion

    • There is nothing wrong in having a policy-led elaborate social security programme that seeks to help the poor get out of poverty.
    • But such a programme needs well thought out preparation and cannot be conjured up just before an election.

     

    Also read:

    [Sansad TV] Mudda Aapla: Culture of Freebies

     

     

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  • INS Vikrant: All about India’s first indigenous aircraft carrier

    The nation’s first Indigenous Aircraft Carrier (IAC-1) , INS Vikrant is set to be commissioned on September 2, the Indian Navy has announced.

    About INS Vikrant

    • The name ‘INS Vikrant’ originally belonged to India’s much-loved first aircraft carrier, a source of immense national pride over several decades of service before it was decommissioned in 1997.
    • The original ‘Vikrant’, a Majestic-class 19,500-tonne warship, which was acquired from the UK in 1961, played a stellar role in the 1971 War with Pakistan.
    • The IAC-1 is 262 m long and 62 m wide ‘Vikrant’ displaces approximately 43,000 tonnes when fully loaded, and has a maximum designed speed of 28 knots (about 52 km/h) with an endurance of 7500 NM.
    • It has around 2,200 compartments designed for a crew of around 1,600, including specialised cabins to accommodate women officers and sailors.

    Why is it important for India to have an aircraft carrier?

    • An aircraft carrier is one of the most potent marine assets for any nation.
    • It enhances a Navy’s capability to travel far from its home shores to carry out air domination operations.
    • Having an aircraft carrier as essential to be considered a “blue water” navy — that is, a navy that has the capacity to project a nation’s strength and power across the high seas.
    • An aircraft carrier generally leads as the capital ship of a carrier strike/ battle group.

    Why is it a big deal that this warship has been Made in India?

    • Only five or six nations currently have the capability of manufacturing an aircraft carrier, and India has joined this prestigious club now.
    • India has demonstrated the capacity and self-reliance to build what is considered to be one of the most advanced and complex battleships in the world.
    • India has had aircraft carriers earlier too — but those were built either by the British or the Russians.
    • The ‘INS Vikramaditya’, which was commissioned in 2013 and which is currently the Navy’s only aircraft carrier, started out as the Soviet-Russian warship ‘Admiral Gorshkov’.
    • India’s two earlier carriers, the ‘INS Vikrant’ and the ‘INS Viraat’, were originally the British-built ‘HMS Hercules’ and ‘HMS Hermes’.
    • These two warships were commissioned into the Navy in 1961 and 1987 respectively.

    What indigenous components does the new ‘Vikrant’ have?

    • The indigenous content of the project is approximately 76%.
    • The warship-grade steel was indigenised through Steel Authority of India Limited (SAIL) in collaboration with Defence Research & Development Laboratory (DRDL).
    • It includes 23,000 tonnes of steel, 2,500 km of electric cables, 150 km of pipes, and 2,000 valves.
    • It also includes a wide range of finished products including rigid hull boats, galley equipment, air-conditioning and refrigeration plants, and steering gear.

    What weapons and equipment will the new ‘Vikrant’ have?

    • The new warship can carry up to 34 aircraft, including both fighter jets and helicopters.
    • It will be capable of operating 30 aircraft including MiG-29K fighter jets, Kamov-31 Air Early Warning Helicopters, MH-60R Seahawk multi-role helicopters, as well as the Advanced Light Helicopters (ALH).
    • Using a novel aircraft-operation mode known as Short Take Off But Arrested Recovery (STOBAR), the IAC is equipped with a ski-jump for launching aircraft.

    What else will be there on the new INS Vikrant?

    • The carrier is designed with a very high degree of automation for machinery operations, ship navigation and survivability.
    • The carrier is equipped with the latest state of the art equipment and systems.
    • It boasts a fully-fledged state of the art medical complex with the latest medical equipment facilities..

    Now that India has shown the capability, will it build more carriers?

    • Since 2015, the Navy has been seeking approval to build a third aircraft carrier for the country, which, if approved, will become India’s second Indigenous Aircraft Carrier (IAC-2).
    • This proposed carrier, to be named ‘INS Vishal’, is intended to be a giant 65,000-tonne vessel, much bigger than both IAC-1 and the ‘INS Vikramaditya’.
    • The Navy has been trying to convince the government of the “operational necessity” of having a third carrier.
    • Also, it is argued that now that India has developed the capability to build such vessels, it should not be whittled away.
    • The expertise gained by the Navy and the country over the past 60 years in the art of maritime aviation should not be wasted either.

    Significance of the induction

    • Vikrant is the largest warship to have ever been built in India, and the first indigenously designed and built aircraft carrier for the Indian Navy.
    • It puts India in an elite club of nations that have the capability to design and build these giant, powerful warships.
    • The indigenisation efforts led to the development of ancillary industries, and generated employment opportunities for 2,000 CSL personnel and about 13,000 employees in ancillary industries.
    • This bolstered plough-back effect on the nation’s economy. That is, it pushed all money back that it consumed.

     

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  • Why Nepal postponed Gorkhas’ recruitment under the Agnipath scheme?

    Nepal has postponed the recruitment rallies which were to be held in that country to recruit Gorkha soldiers for the Indian Army under the Agnipath scheme.

    Why has Nepal postponed Agnipath recruitment rallies?

    • Nepal is of the opinion that this new form of entry into the Indian military is not covered under the Tripartite Agreement signed between Nepal, Indian and UK governments in 1947, soon after Indian independence.
    • The government feels that the Agnipath scheme must be approved by it and for that political consultations with all parties in Nepal must take place.
    • This is move is visibly ‘inspired’ with inputs from China.

    What was the Tripartite Agreement between India, Nepal and UK?

    • Soon after Indian Independence on August 15, 1947, an agreement was reached by the governments of India, Nepal and the UK regarding the future of the Gorkha soldiers who were serving in the Indian Army.
    • As per the terms of this agreement four regiments of Gorkha soldiers – 2nd, 6th, 7th and 10th – were transferred to the British Army while the rest – 1st, 3rd, 4th, 5th, 8th and 9th – remained with the Indian Army.
    • A new Gorkha Regiment, the 11th Gorkha Rifles, was raised by India soon after Independence.
    • The agreement also provides for the terms and conditions of the Nepal-domiciled Gorkha soldiers in the Indian Army and for their post-retirement benefits and pensions.

    Significance of Gorkha Soldiers

    • Legend has it that Hitler’s very words were, “If I had Gurkhas, no army in the world could defeat me.”
    • An interesting historical aspect of Gorkha troops is that Pakistan, at the time of Independence, and China, soon after the 1962 war, had also requested Nepal for Gorkha soldiers.
    • However, this request was turned down by the Nepal government.
    • The largest body of Gorkha troops serves in the Indian Army while in the UK their presence has been reduced from four regiments to just two.

    Can Nepalese Gorkhas in foreign Armies be called mercenaries?

    • Mercenaries are understood as fighters who take part in a conflict for financial gain and usually are not parties to that conflict.
    • As per the definition of the 1949 Geneva Convention, gives the officially agreed definition of a mercenary.
    • It says that soldiers serving in sovereign armies are not considered mercenaries, and Gorkha soldiers cannot be called mercenaries.
    • In addition, Gorkha soldiers from Nepal serve side-by-side with Gorkha soldiers who are born and brought up in India.

    Have any changes been made in Gorkha unit recruitments over the years?

    • There have been attempts to reduce the dependence on Nepal for the Gorkha soldiers in the Indian Army,
    • To this effect, the composition has increasingly been attempted to be balanced between Indian and Nepal-domiciled troops.
    • Also, a pure Indian Gorkha battalion was raised in 2016.
    • This unit, 6th Battalion of the 1st Gorkha Rifles (6/1 GR), was raised in Subathu, in Himachal Pradesh.
    • Otherwise, the ratio of Nepalese-domiciled soldiers and Indian-domiciled soldiers in a Gorkha battalion ranges from 60:40 to 70:30, though this will change further in future.
    • A change was made in the recruitment rules for Gorkha Rifles recently when the Army decided that soldiers hailing from the Kumaon and Garhwal regions of Uttarakhand will also be eligible for serving in Gorkha Rifles.

    What is the socio-economic impact on Nepal of Gorkha soldiers serving in the Indian Army?

    • A major economic and social impact is felt in Nepal due to the Nepal-domiciled Gorkha soldiers serving in the Indian Army and much of it has to do with the remittances that they send home.
    • Kathmandu receives a sustainable source of remittances from Gorkhas working in foreign armies.
    • This has significantly contributed to social modernization in the isolated villages, while the financial remittances spurred entrepreneurship development thereby contributing to regional development.

    Why induct Gorkha soldiers?

    • Gorkha soldiers are tough. Living in the hills of Nepal makes them strong and resilient and they can stand war, climate and terrain better than most.
    • No one can match their swift movement in the mountainous terrain.
    • They are cheerful in disposition and nothing disturbs their equanimity.
    • They are loyal to the core and fearless in battle.
    • All this makes them amongst the best soldiers in the world and they are much sought after.
    • Historically, they have deep rooted connection and affinity for India definitely due to cultural assimilations.

     

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  • Government e-Marketplace (GeM) eyes procurement of ₹2 lakh crore

    Government e-Marketplace (GeM), a national procurement portal, is eyeing annual procurement worth ₹2 lakh crore during FY23. Such a huge amount it is!

    Government e-Marketplace

    • GeM is an online platform for public procurement in India by various Government Departments / Organizations / PSUs.
    • The initiative was launched on August 9, 2016 by the Ministry of Commerce and Industry with the objective to create an open and transparent procurement platform for government buyers.
    • It is owned by GeM SPV (Special Purpose Vehicle) which is a 100 per cent Government-owned, non-profit company under the Ministry of Commerce and Industries
    • GeM aims to enhance transparency, efficiency and speed in public procurement.
    • It provides the tools of e-bidding, reverse e-auction and demand aggregation to facilitate the government users achieve the best value for their money.
    • The purchases through GeM by Government users have been authorized and made mandatory by Ministry of Finance.

    Note: The government has made it mandatory for sellers on the Government e-Marketplace (GeM) portal to clarify the country of origin of their goods when registering new products.

    Advantages for Buyers

    • Offers rich listing of products for individual categories of Goods/Services
    • Makes available search, compare, select and buy facility
    • Enables buying Goods and Services online, as and when required.
    • Provides transparency and ease of buying
    • Ensures continuous vendor rating system
    • Up-to-date user-friendly dashboard for buying, monitoring supplies and payments
    • Provision of easy return policy

    Advantages for Sellers

    • Direct access to all Government departments.
    • One-stop shop for marketing with minimal efforts
    • One-stop shop for bids / reverse auction on products / services
    • New Product Suggestion facility available to Sellers
    • Dynamic pricing: Price can be changed based on market conditions
    • Seller friendly dashboard for selling, and monitoring of supplies and payments
    • Consistent and uniform purchase procedures

     

     

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  • Green finance for green future

    green finance Context

    • Inclusion of climate change and green finance in policy is crucial for a strong economy.

    What is green finance?

    • Green finance is a phenomenon that combines the world of finance and business with environment friendly behaviour. It may be led by financial incentives, a desire to preserve the planet, or a combination of both.
    • In addition to demonstrating proactive, environment friendly behaviour, such as promoting of any business or activity that could be damaging to the environment now or for future generations.

    Green finance instruments       

    • Dedicated fund: A “green super fund” could be established to jumpstart green investments by pooling together international and domestic capital.
    • Sovereign green bond (SGB): The sovereign green bond is a novel idea. It will be a part of the government’s borrowing programme. The gross borrowing programme of the government is pegged at Rs 14.95 lakh crore. The SGB (sovereign green bond) raised will be part of the aggregate borrowing programme and has to be used for projects which are ESG (environment, social and governance) compliant.

    green financeNetwork for Greening the Financial System

    • The Network for Greening the Financial System is a network of 114 central banks and financial supervisors that aims to accelerate the scaling up of green finance and develop recommendations for central banks’ role for climate change.
    • The NGFS was created in 2017 and its secretariat is hosted by the Banque de France.

    Purpose

    • The Network’s purpose is to help strengthening the global response required to meet the goals of the Paris agreement and to enhance the role of the financial system to manage risks and to mobilize capital for green and low carbon investments in the broader context of environmentally sustainable development.

    green financeSignificance

    • Green goals: Reaching net-zero emissions and other climate-related and environmental goals will require significant investments to enable decarbonisation and innovation across all sectors of the economy. Greening the financial system is key to making these investments happen.
    • SDG goals: Green finance initiatives also aim to achieve the 2030 Sustainable Development Goals (SDGs), shifting the focus from creating value for shareholders (economic) to creating value for stakeholders (economic, environmental, and social).
    • Green future: And as we begin to recover from the pandemic, green finance presents a huge opportunity to build back with a greener future, creating new businesses and jobs.
    • Robust growth: Supports strong and green growth in all sectors of economy .

    The issues in mobilization and effective use of green finance are

    • Low incentives: The return on green finance is long term, low in monetary value & many times intangible, so that the ability of the financial system to mobilize private green finance, especially in developed countries is difficult.
    • Distribution challenge: Developing countries like India have challenges of development & poverty alleviation, so allocation of resources towards meeting fundamental needs & promoting the green projects which require heavy investment is a challenge.
    • Skewed investment: In many countries, green finance & much of the green projects are limited to the investment in renewable energy: India whose 60% of installed capacity is coal based, greening of coal technology is required which is mostly limited to private players in developed countries. It is subjected to IPR & makes them cost prohibitory.
    • High risk: Green bonds are perceived as new and attach higher risk and their tenure is also shorter. There is a need to reduce risks to makes them investment grade.

    Conclusion

    • Our future depends on how we resolve our environmental challenges. Further, we are the world’s third-largest carbon emitter and will play a crucial role in getting the planet to a low-carbon trajectory. Simply put, we must urgently transform our economy to get to the green frontier.

    Mains question

    Q. As the world copes with the repercussions of carbon emissions, there is growing pressure to achieve climate-compatible growth. In this context What do you understand by the term green finance? Discuss how it will help to achieve climate-compatible growth along with limitations of green finance.

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  • Centre raises alarm over Undemarcated Protected Forests in Chhattisgarh

    The Union Ministry of Environment, Forest and Climate Change has objected to the transfer of thousands of hectares of land without following due process by Chhattisgarh from its Forest to the Revenue Department for setting up industries and for building road, rail, and other infrastructure.

    What is the news?

    • The Union Environment Ministry has warned that the land in question is “undemarcated protected forests”, which cannot be used for non-forest purposes without clearance under the Forest Conservation (FC) Act, 1980.

    ‘Types of Forests’ in Law

    • Broadly, state Forest Departments have jurisdiction over two types of forests notified under the Indian Forest (IF) Act, 1927:
    1. Reserve Forests (RF): where no rights are allowed unless specified and
    2. Protected Forests (PF): where no rights are barred unless specified
    • Certain forests, such as village or nagarpalika forests, are managed by state Revenue Departments.
    • The FC Act, 1980, applies to all kinds of forests, whether under the control of the Forest or the Revenue Department.
    • It requires statutory clearance before forests can be used for any non-forest purpose such as industry, mining, or construction.
    • In 1976, forests were included in List III (Concurrent List) under the Seventh Schedule of the Constitution.

    Chhattisgarh case

    • The recorded forest area in Chhattisgarh covers 44.21% of its geography.
    • The state government says it is constrained by the limited availability of land, particularly in the tribal regions, for development works.
    • Therefore, in May 2021, it sought a field survey to identify non-forest land — parcels smaller than 10 hectares with less than 200 trees per hectare.

    Orange, a grey area

    • It sought that the forests had been included by mistake in Orange Areas under the Forest Department.
    • This year, it announced that over 300 sq km of “Orange” area in the Bastar region had been handed over to the Revenue Department.
    • Under the zamindari system, villagers used local malguzari (livelihood concessions) forests for firewood, grazing, etc.
    • When zamindari was abolished in 1951, malguzari forests came under the Revenue Department.
    • In 1958, the government of undivided Madhya Pradesh notified all these areas as Protected Forest (PFs) under the Forest Department.
    • Through the 1960s, ground surveys and demarcations of these PFs continued — either to form blocks of suitable patches to be declared as Reserve Forests, or to denotify and return to the Revenue Department.
    • For this purpose, Madhya Pradesh amended the IF Act, 1927, in 1965 — when forests figured in the State List — to allow denotification of PFs.
    • The areas yet to be surveyed — undemarcated PFs — were marked in orange on the map.

    Policy jam

    • Since 2003, a case has been pending in the Supreme Court on rationalising these orange areas that have remained a bone of contention between the two Departments.
    • The transfer of PFs to the Revenue Department continued until 1976, when reports of illicit felling in Revenue areas prompted Madhya Pradesh to seek a fresh survey to shift quality forest patches.
    • But before this survey could be undertaken, the new government that came to power in the state in 1978 switched the focus to settling encroachments.
    • The FC Act came in 1980, and required central clearance for non-forest use of forest land.
    • This led to a situation where the rights of lakhs of villagers, including those settled by the government through pattas, remained restricted.

    After MP was split

    • Carved out of Madhya Pradesh in 2000, Chhattisgarh inherited its share of ‘orange’ areas.
    • Ranked second after Orissa in implementing the Forest Rights Act, 2006, the state has settled over 26,000 claims since 2019.
    • The logical next step, say officials who declined to be quoted, was to find land for the economic development of the tribal belt.
    • Chhattisgarh did not seek central clearance to transfer over 300 sq km to Revenue, they claim, because it did not have to.

    New definition of forests

    • In December 1996, the SC defined ‘forest’ after its dictionary meaning, irrespective of the status of the land it stands on.
    • It also defined forestland as any land thus notified on any government record irrespective of what actually stands on that land.
    • To meet this broad definition, Madhya Pradesh in 1997 framed a “practical yardstick” — an area no smaller than 10 hectares with at least 200 trees per hectare — to identify forests in Revenue areas for handing over to the Forest Department.
    • These non-forest areas, they claim, are now being identified and returned to the Revenue.

    Issues with such Un-forestation

    • The nature of vegetation changes over time.
    • After so many years, a visual survey cannot determine if a particular piece of land did not meet the definition of forest.
    • Once brought under the Forest Department, whether mistakenly or otherwise, an area gets the status of forestland as per the 1996 SC order, and hence comes under the FC Act, 1980.

    Options available for CG

    • Chhattisgarh, thanks to the 1965 amendment to the IF Act, can still denotify PFs unilaterally.
    • It may also vest management of any land with any department since the state owns all land within its boundaries.
    • But if the stated purpose is non-forest use — building industries and infrastructure — the state will anyway require central clearance under the FC Act, 1980.

    What lies ahead?

    • Clearance for non-forest use of forestland under the FC Act requires giving back twice the area for compensatory afforestation (CA) from Revenue to Forest.
    • That would defeat the very purpose of the state government’s action.
    • However, conversion of Forest to Revenue land has been exempted from CA under exceptional circumstances in the past.
    • For example, when enclaves were moved out of forests, the SC allowed those to be resettled at the edge of the forests, in the absence of suitable Revenue land, as revenue villages.
    • It will be a stretch, though, for such considerations to apply to thousands of hectares meant for industries.

     

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  • Recovery of Ozone Layer achieves significant milestone

    The concentration of ozone-depleting substances in the atmosphere has reduced to reach a significant milestone this year.

    What is Ozone and Ozone Layer?

    • An ozone molecule consists of three oxygen atoms instead of the usual two (the oxygen we breathe, O2, makes up 21% of the atmosphere).
    • It only exists in the atmosphere in trace quantities (less than 0.001%), but its effects are very important.
    • Ozone molecules are created by the interaction of ultra-violet (UV) radiation from the Sun with O2 molecules.
    • Because UV radiation is more intense at higher altitudes where the air is thinner, it is in the stratosphere where most of the ozone is produced, giving rise to what is called the ‘ozone layer’.
    • The ozone layer, containing over 90% of all atmospheric ozone, extends between about 10 and 40km altitude, peaking at about 25km in Stratosphere.

    Why need Ozone Layer?

    • The ozone layer is very important for life on Earth because it has the property of absorbing the most damaging form of UV radiation, UV-B radiation which has a wavelength of between 280 and 315 nanometres.
    • As UV radiation is absorbed by ozone in the stratosphere, it heats up the surrounding air to produce the stratospheric temperature inversion.

    What is Ozone Hole?

    • Each year for the past few decades during the Southern Hemisphere spring, chemical reactions involving chlorine and bromine cause ozone in the southern polar region to be destroyed rapidly and severely.
    • The Dobson Unit (DU) is the unit of measure for total ozone.
    • The chemicals involved ozone depletion are chlorofluorocarbons (CFCs for short), halons, and carbon tetrachloride.
    • They are used for a wide range of applications, including refrigeration, air conditioning, foam packaging, and making aerosol spray cans.
    • The ozone-depleted region is known as the “ozone hole”.

    Tropical Ozone Hole

    • According to the study, the ozone hole is located at altitudes of 10-25 km over the tropics.
    • This hole is about seven times larger than Antarctica, the study suggested.
    • It also appears across all seasons, unlike that of Antarctica, which is visible only in the spring.
    • The hole has become significant since the 1980s. But it was not discovered until this study.

    What caused an ozone hole in the tropics?

    • Studies suggested another mechanism of ozone depletion: Cosmic rays.
    • Chlorofluorocarbon’s (CFC) role in depleting the ozone layer is well-documented.
    • The tropical stratosphere recorded a low temperature of 190-200 Kelvin (K).
    • This can explain why the tropical ozone hole is constantly formed over the seasons.

    Significance of the finding

    • The tropical ozone hole, which makes up 50 percent of Earth’s surface, could cause a global concern due to the risks associated with it.
    • It is likely to cause skin cancer, cataracts and other negative effects on the health and ecosystems in tropical regions.

    Try this PYQ

    Q.Consider the following statements:

    Chlorofluorocarbons, known as ozone-depleting substances are used:

    1. In the production of plastic foams
    2. In the production of tubeless tyres
    3. In cleaning certain electronic components
    4. As pressurizing agents in aerosol cans

    Which of the statements given above is/are correct?

    (a) 1, 2 and 3 only

    (b) 4 only

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

     

    Post your answers here

     

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  • Dams in news: Vishnugadh Project

    An independent panel of the World Bank is considering a plea by residents of some village to investigate environmental damage from the under-construction Vishnugad Pipalkoti Hydro Electric Project (VPHEP).

    Vishnugadh Project

    • The 444-MW VPHEP is being built by the Tehri Hydropower Development Corporation (THDC), a partially State-owned enterprise.
    • It is being constructed on Dhauliganga River in Chamoli District of Uttarakhand.
    • The project is primarily funded by the World Bank and was sanctioned in 2011. It is proposed to be completed in June 2023.
    • About 40% of the funds for the $792 million project (₹64,000 crore approx.) has already been disbursed.

    Why in news now?

    • Residents in their complaint have said muck dumping from the dam threatens the local Lakshmi Narayan Temple, which is deemed to be of historical and cultural importance.
    • They also complained about the limited availability of water, saying that 70 of the 92 households received water only for two hours daily.
    • Before the project construction, they had ready access to water.

     

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  • [Burning issue] Renewable energy in India: Prospects, Challenges, Policies and Way Forward

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    Context

    • Power is one of the most crucial components for the economic growth and welfare of nations. The existence and development of an adequate power sector are essential for the sustainable growth of the Indian economy. 
    • In this context, a report titled, “Investing for Impact: Renewable Energy & Cleantech,” released by Aspire Circle, has projected that India can generate a staggering $212 billion in revenue and create 3.4 million jobs, impacting 919 million lives by 2030 with an investment of USD 350 billion in several ventures and initiatives dedicated to renewable energy and cleantech.
    • Thus, in this edition of the burning issue, we will be discussing the renewable energy sector of India, its prospects, achievements, challenges and way forward.

    What is renewable energy?

    • Renewable energy is defined as energy that comes from resources, which are naturally replenished on their own.
    • The major renewable energy sources presently are Solar energy, Wind energy, Hydroelectric power (large and small units), Wave energy, Ocean thermal energy conversion and Tidal energy and Biomass power.

    Current scenario of Renewable Energy in India

    • India is the world’s 3rd biggest renewable energy producer (136 GW out of 373 GW) of total installed energy capacity in 2021 coming from renewable sources.
    • India has been ranked 5th for installed hydroelectric power capacity. As of 31 March 2020, India’s installed utility-scale hydroelectric capacity was 45,699 MW, or 12.35% of its total utility power generation capacity. The following is the breakup of the total installed capacity for Renewables, as of 31 December 2021-
    • Small Hydro Power: 4.83 GW
    • Large Hydro: 46.51 GW
    • Wind power: 40.08 GW
    • Solar Power: 49.34 GW
    • Biopower: 10.61 GW

    Benefits of renewable energy:

    • Private sector involvement: the set target of 450GW from renewables by the government created a huge opportunity for the private sector to get involved in the design and manufacturing of components of renewable energy technology in India only and thus book profits.
    • Low cost of maintenance: Renewable energies like wind energy, biopower or solar energy requires almost zero maintenance and thus provide longer working hours and reduced labor cost.
    • Environment friendly: as they have almost nil carbon footprint and does not emit any harmful pollutants like PM2.5 or PM10 or greenhouse gases like carbon dioxide, NOx etc.
    • Fulfill several government objectives: like achieving the Panchamrit goals, SDGs, make in India, INDC of Paris Climate Deal and employment generation.
    • Decentralized: Renewable energy plants can be located near the location of demand for energy. For example, a biogas plant or a solar plant can be established near a far-off cluster of villages thus eliminating the need to connect such remote villages to the national grid. For example, UT Daman has been receiving its energy completely from solar energy generated inside and in the vicinity of the city, thus reducing its dependence on the national power grid.

    Factor’s responsible for increasing demand for renewable

    • Waiver of inter-state transmission charges for the sale of solar and wind power.
    • The renewable purchase obligation (RPO) targets state DISCOMS to boost demand for renewable energy in states.
    • Permitting FDI in the renewable sector has accelerated the progress.
    • Rising demand for electricity as the economy rebounds after the COVID lockdowns.
    • Falling prices for renewable energy, with per unit tariff for solar energy getting reduced up to 80% from the 2008 level.
    • India’s push to manufacture solar photovoltaic modules through the government support schemes aimed at boosting Indian manufacturers’ competitiveness and attracting investment (Production Linked Incentive schemes)

    Need for transition to renewable energy

    • Increasing climate crisis due to historic and current continuous burning of Fossil fuels for the majority of power generation in the world and India. Renewable energy can limit climate disruption and boost energy security. Renewables are the peace plan of the 21st century.
    • Volatile supplies of non-renewable energy sources due to regional wars and sanctions on supplying nations. For example, Iran and Russia- the two major energy producers in the world are under various international sanctions, thus reducing the supply of energy products in international markets.
    • To promote Sustainable development by reducing externalities of pollution and promoting a green economy.
    • As a signatory to the Paris Climate Agreement, India is committed to increasing its share of renewable energy capacity to 450 GW by 2030. Thus, a transition to renewable is needed to fulfill our commitments to the international community.
    • The government of India has set targets to reduce India’s total projected carbon emission by 1 billion tonnes by 2030, reduce the carbon intensity of the nation’s economy by less than 45% by the end of the decade, achieve net-zero carbon emissions by 2070 and expand India’s renewable energy installed capacity to 500 GW by 2030.

    Prospects of Renewables in India

    • Renewable Energy Country Attractiveness Index of EY ranked India 3rd behind USA and China as the most attractive renewable energy destination.
    • The estimation of the potential wind resources in India is 102,788 MW assessed at 80m Hub height. The installed capacity of wind power in India was 22,645 MW as of 30 March 2015.
    • India has a coastline of 7,500 km with an estimated wave energy potential of about 40,000 MW.
    • India has a potential of 8,000 MW of tidal energy as per the estimates. An agreement is signed to implement India’s first 3.75 MW mini-tidal power project in West Bengal.
    • The total OTEC potential around India is estimated as 180,000 MW considering 40% of gross power for parasitic losses. 
    • India is very rich in biomass. It has a potential of 19,500 MW (3,500 MW from biogas-based cogeneration and 16,000 MW from surplus biomass). Currently, India has 537 MW commissioned and 536 MW under construction. 
    • Growing private sector interest in the renewable energy sector in India is evident from major private companies of India like Reliance Powers planning to invest Rs 5 lakh crore in green energies.

    Achievements of India in the Renewable energy sector

    • India has today become the most attractive destination for investment in the renewable sector.
    • During the last six years, the renewable energy sector has attracted over Rs 4.7 lakh crore of investment, including FDI of about Rs 42,700 crore.
    • India witnessed 20% CAGR growth in renewable generation since FY16 while total electricity generation saw 4.3% growth in the same period.
    • The current cost of energy (LCOE) for large-scale solar in India has reduced to around Rs 2.5 per kWh, compared to ~Rs 12 in 2010. 
    • India is now in the 4th global position for overall installed renewable energy capacity. Renewable energy has a share of 26.53% of the total installed generation capacity in the country.
    • Renewable energy installed capacity increased 286% in the last 7.5 years.
    • Highest ever wind capacity addition of 5.5GW in 2016-2017.
    • The world’s largest renewable energy park of 30 GW capacity solar-wind hybrid project is under installation in Gujarat.

    Challenges of Renewable Energy in India

    • High initial cost of installation: While the development of a coal-based power plant requires around Rs 4 crore per MW, the investment required a wind-based plant, with a capacity utilization of 25%, which requires an investment of Rs 6 crore per MW.
    • Reliability: By their very nature, solar and wind energy are variable in availability both spatially as well as geographically. Hence, they need to be supported by conventional sources of power.
    • Creation of storage infrastructure: To overcome the variable nature of renewable sources of energy, it is vital to invest in affordable batteries of large capacity.
    • Poor DISCOM’s condition: An important challenge for further scaling up renewables in India is the poor financial condition of power distribution companies (discoms), most of which are owned by state governments and are reeling under heavy debts.
    • Funding: As already stated, renewable energy requires setting up large projects to harness economies of scale. This acts as a deterrent for private companies to invest initially.
    • Low Social acceptance: renewable-based energy system is still not very encouraging in urban India. Despite heavy subsidies being provided by the government for the installation of solar water heaters and lighting systems, its penetration is still very low.
    • Weak domestic manufacturing capability: It is important to set up manufacturing capacity in India to decrease imports and promote Atmanirbhar Bharat. It would also aid in the creation of multiple manufacturing jobs.
    •  Sustainability: that is, how to expand reliable energy access and use while maintaining affordability for consumers and financial stability for the DISCOMs.
    • Integration into the national grid: that is how to integrate increasing shares of renewable energy securely and reliably into the national electricity grid.

    Government policies for the promotion of Renewable in India

    • Renewable energy certificate: REC mechanism is a market-based instrument to promote renewable energy and facilitate the compliance of renewable purchase obligations (RPO). It aims to fix the mismatch between the availability of renewable energy resources in the state and what is required by a RPO.
    • Release of Green Hydrogen mission: The Mission aims to aid the government in meeting its climate targets and making India a green hydrogen hub. This will help in meeting the target of production of 5 million tonnes of Green hydrogen by 2030 and the related development of renewable energy capacity.
    • Launch of PLI scheme: A Production Linked Incentive (PLI) Scheme ‘National Programme on Advanced Chemistry Cell (ACC) Battery Storage’ to promote renewable energy storage infrastructure and manufacturing capacity.
    • Green term ahead market: As a first step towards Greening the Indian short-term power market, the government has launched pan-India Green Term Ahead Market (GTAM) in electricity which is an alternative new model introduced for selling off the power by the renewable developers in the open market without getting into long term PPAs.
    • International efforts: An India Energy Modeling Forum was launched under the US-India Energy partnership. Also, India has launched the International solar alliance which is a treaty-based international inter-governmental organization and aims to mobilize more than $1000 billion of investment needed by 2030 for the massive deployment of solar energy.
    • The Setting up of the Solar Energy Corporation of India: with the mandate of the SECI allows wide-ranging activities to be undertaken with an overall view to facilitating the implementation of the National Solar Mission and the achievement of targets set therein. The SECI has the objective of developing renewable energy (RE) technologies and ensuring inclusive RE power development throughout India.
    • National Offshore Wind Energy Policy, 2015: Under this Policy, the Ministry of New & Renewable Energy (MNRE) has been authorized to explore and promote the deployment of offshore wind farms in the Exclusive Economic Zone (EEZ) 

    Way Forward

    • Long-term Planning: Since renewable energy requires huge investment to achieve economies of scale, it is necessary to lay down policy direction well in advance so that the private sector can plan accordingly.
    • Avoid Frequent Surprises and changes: Frequent changes inthe policy are not appreciated by the private sector. The government should involve all stakeholders in the decision-making process, wide research and suggestions must be taken before announcing new policies or amending them.
    • New regulatory and policy frameworks: can activate more flexibility in the renewable energy sector. This can include steps like the creation of a single renewable energy regulator or a federal commission to manage the generation and flow of renewable energy.
    • Renewable energy technology as global good: We must make renewable energy technology a global public good, including removing intellectual property barriers to technology transfer.

    Conclusion

    • There can be no doubt about the fact that renewable energy is the energy of the future. The current direction indicates the possibility of the elimination of fossil fuel-based energy as early as 2050. This will lead to improved environmental health.
    • However, it is important that we have a clear policy guideline, wherein we explore the right mix of energy sources, integrated into the grid to achieve maximum efficiency.

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  • 26th August 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1        Social empowerment, communalism, regionalism & secularism.

    GS-2        Statutory, regulatory and various quasi-judicial bodies; Governance

    GS-3        Disaster Management

    GS-4        Case Studies

    Question 1)

     

    Q.1 Reservation for locals in private sector has again brought the debate around regionalism into focus. In this context, examine whether regionalism is a threat to national integration. (10 Marks)

     

    Question 2)

    Q 2. The National Sports Federation’s usual governance practices do not place either the sport or the athlete in front and centre; that space is reserved for official egos. What do you think on this? Explain the term sport governance and mention some changes needed in it. (10 Marks)

    Question 3)

    Q.3 Climate change is driving more intense and widespread forest fires by fuelling more extreme heat and deepening drought. Why forest fires are cause of concern? Discuss our preparedness level for the same. (10 Marks)

    Question 4)  

    Q.4 Recently, the government has proposed a bill to increase the age of marriage for women from 18 to 21 years. It has been argued that it will help women improve their nutritional status, lower maternal mortality rate and improve the overall health status of women. However, some critics have stated that the proposed law would be counterproductive to women’s cause and the desired objectives will not be met. In this context, answer the following questions: (a) What effect will an increase in the age of marriage have on women in India? (b) Can legislation be used as an effective tool for social change? (c) Discuss other agents that can be used for social change in this context. (20 Marks)

     

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  • Q.4 Recently, the government has proposed a bill to increase the age of marriage for women from 18 to 21 years. It has been argued that it will help women improve their nutritional status, lower maternal mortality rate and improve the overall health status of women. However, some critics have stated that the proposed law would be counterproductive to women’s cause and the desired objectives will not be met. In this context, answer the following questions: (a) What effect will an increase in the age of marriage have on women in India? (b) Can legislation be used as an effective tool for social change? (c) Discuss other agents that can be used for social change in this context. (20 Marks)

    Mentor’s Comments-

    • Briefly mention the facts of the case.
    • Mention the impact of increasing the age of marriage on the life of women in India.
    • Discuss the efficacy of law as an agent for social change.
    • Highlight other agents that can be used as an agent for social change.

  • Q.3 Climate change is driving more intense and widespread forest fires by fuelling more extreme heat and deepening drought. Why forest fires are cause of concern? Discuss our preparedness level for the same. (10 Marks)

    Mentor’s comment-

  • Q 2. The National Sports Federation’s usual governance practices do not place either the sport or the athlete in front and centre; that space is reserved for official egos. What do you think on this? Explain the term sport governance and mention some changes needed in it. (10 Marks)

    Mentor’s comment-

  • Q.1 Reservation for locals in private sector has again brought the debate around regionalism into focus. In this context, examine whether regionalism is a threat to national integration. (10 Marks)

    Mentor’s Comments-

    • Introduce with a context on reservation for locals.
    • Examine whether regionalism is a threat to national integration.
    • Conclude accordingly.

  • National Digital Health Mission

    digital healthContext

    • The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models and embrace the digital health transformation of the sector.

    Definition of digital health care

    • Digital health is a discipline that includes digital care programs, technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and to make medicine more personalized and precise.

    Digital Health: A Backgrounder

    • The National Health Policy 2017 had envisaged creation of a digital health technology eco-system aiming at developing an integrated health information system.
    • A Digital Health ID was proposed to reduce the risk of preventable medical errors and significantly increase the quality of care.
    • It recognised the need to establish a specialised ecosystem, called the National Digital Health Mission (NDHM).

    digital healthThe National Digital Health Mission

    • The NDHM is a digital health ecosystem under which every Indian citizen will now have unique health IDs, digitized health records with identifiers for doctors and health facilities.
    • The mission will significantly improve the efficiency, effectiveness, and transparency of health service delivery and will be a major step towards the achievement of the UN Sustainable Development Goal 3.8 of Universal Health Coverage, including financial risk protection.

    Digital health is a discipline that includes digital care programs, technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and to make medicine more personalized and precise.Significance of digital health

    • Prioritizing patients: Say, mortality from Covid-19 is significantly increased by comorbidities or the presence of other underlying conditions like hypertension or diabetes.With digital health records, doctors can prioritise patients based on their test results.
    • Portability of health records: Portability of records fairly eases in a patient with the first hospital visit, or her/his most frequently visited hospital. If she/he wishes to change a healthcare provider for cost or quality reasons, she can access her health records without carrying pieces of paper prescriptions and test reports. People will able to access their lab reports, x-rays and prescriptions irrespective of where they were generated, and share them with doctors or family members — with consent.
    • Easy facilitation: This initiative will allow patients to access healthcare facilities remotely through e-pharmacies, online appointments, teleconsultation, and other health benefits. Besides, as all the medical history of the patient is recorded in the Health ID card, it will help the doctor to understand the case better, and improved medication can be offered.
    • Technology impetus in policymaking: Meanwhile, it is also not just individuals who could emerge beneficiaries of the scheme. With large swathes of data being made available, the government too can form policies based on geographical, demographical, and risk-factor based monitoring of health.

    Critical point to remember

    In the case of lung cancer, only 18.5 % of patients survive five or more years once diagnosed. These are threats that data-led technology will help address.

    Major privacy issues involved

    • Informed Consent:The citizen’s consent is vital for all access. A beneficiary’s consent is vital to ensure that information is released.
    • Data leakages issue:Personalised data collected at multiple levels are a “sitting gold mine” for insurance companies, international researchers, and pharma companies.
    • Digital divide:Other experts add that lack of access to technology, poverty, and lack of understanding of the language in a vast and diverse country like India are problems that need to be looked into.
    • Data Migration:The data migration and inter-State transfer are still faced with multiple errors and shortcomings in addition to concerns of data security.

    Other challenges

    • Existing digitalization is yet incomplete:India has been unable to standardise the coverage and quality of the existing digital cards like One Nation One Ration card, PM-JAY card, Aadhaar card, etc., for accessibility of services and entitlements.
    • Lack of healthcare facilities:The defence of data security by expressed informed consent doesn’t work in a country that is plagued by the acute shortage of healthcare professionals to inform the client fully.
    • Lack of finance:With the minuscule spending of 1.3% of the GDP on the healthcare sector, India will be unable to ensure the quality and uniform access to healthcare that it hoped to bring about.

    Conclusion

    • With an enabling ecosystem, supported by effective policies for digital healthcare and increased innovation, the promise of digital solutions in healthcare is immense. It’s not long before precision healthcare becomes central to the health and well-being of every citizen.

    Mains question

    Q. The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models. In this context discuss challenges and opportunities of digital health ecosystem in India.

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  • Jharkhand CM may face disqualification

    Jharkhand CM’s chair remains uncertain as the Election Commission (EC) is understood to have conveyed its decision in an office-of-profit complaint against him to the Governor.

    Why in news?

    • Under Section 9A of the Representation of the People Act, 1951, the CM could face disqualification for entering into a government contract.
    • The Constitution of India does not define the Office of Profit. It has only mentioned it under Article 102 (1) and Article 191 (1).

    What is Office of Profit?

    • MPs and MLAs, as members of the legislature, hold the government accountable for its work.
    • The essence of disqualification is if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
    • The intent is that there should be no conflict between the duties and interests of an elected member.
    • Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.

    What governs the term?

    • At present, the Parliament (Prevention of Disqualification) Act, 1959, bars an MP, MLA or an MLC from holding any office of profit under the central or state government unless it is exempted.
    • However, it does not clearly define what constitutes an office of profit.
    • Legislators can face disqualification for holding such positions, which bring them financial or other benefits.
    • Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the Central or State government.

    An undefined term

    • The officials of the law ministry are of the view that defining an office of profit could lead to the filing of a number of cases with the Election Commission and the courts.
    • Also, once the definition is changed, one will also have to amend various provisions in the Constitution including Article 102 (1) (a) and Article 109 (1) (a) that deal with the office of profit.
    • It will have an overarching effect on all the other sections of the Constitution.

    Factors constituting an ‘office of profit’

    • The 1959 law does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments.
    • An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial.
    • In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.

    What is the ‘test of appointment’?

    Several factors are considered in this determination including factors such as:

    1. whether the government is the appointing authority,
    2. whether the government has the power to terminate the appointment,
    3. whether the government determines the remuneration,
    4. what is the source of remuneration, and
    5. the power that comes with the position.

     

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