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Why is there a controversy on the forest Bill?
What’s the news?
- The Forest (Conservation) Amendment Bill, 2023 is set to be presented during the upcoming monsoon session of Parliament.
Central idea
- Recently, a Joint Parliamentary Committee (JPC) which was looking at amendments to the Bill has approved the version sent by the government with almost no comment, revisions or suggestions. However, multiple objections have been raised over the proposed amendments.
Definition- Forest (Conservation) Amendment Bill, 2023
- The Forest (Conservation) Amendment Bill is a proposed legislation aimed at amending the Forest Conservation Act of 1980 in India.
- The proposed amendments seek to address certain issues and introduce changes to enhance forest conservation efforts and promote sustainable development.
Background-Forest Conservation Act, 1980
- The Forest Conservation Act, 1980 was enacted to protect the country’s forests and empower the central government to regulate the extraction of forest resources, including timber, bamboo, coal, and minerals, by industries and forest-dwelling communities.
- Prior to the implementation of the Forest Conservation Act, extensive deforestation and diversion of forest land for non-forestry purposes were prevalent.
- From 1951 to 1975, approximately four million hectares of forest land were diverted. However, after the Act came into effect, from 1980 to 2023, only around one million hectares have been diverted.
The key objectives of the Forest (Conservation) Amendment Bill, 2023
- Definition and Demarcation of Forests: The amendments aim to provide a clear and comprehensive definition of forest and establish criteria for demarcating forest areas.
- Renaming of the Act: The proposed amendments include changing the name of the Act from Forest (Conservation) Act to Van (Sanrakshan Evam Samvardhan) Adhiniyam, which translates to Forest Conservation and Augmentation.
- Applicability of the Act: The amendments specify that the Act will apply only to lands officially notified as forest in government records on or after 1980.
- Exemptions and Strategic Projects:
- The proposed amendments introduce certain exemptions from the Act’s provisions.
- Forest land located within 100 km of international borders and intended for strategic projects of national importance, as well as land ranging from 5 to 10 hectares for security and defense projects, would be exempted.
- Encouraging Reforestation and Carbon Sink Development:
- The amendments address the issue of disincentives faced by private parties interested in developing plantations in degraded forests or restoring tree patches.
- The proposed changes seek to incentivize reforestation efforts and support India’s commitment to developing a carbon sink of three billion tonnes by 2030, as per its obligations under the Paris Agreement.
Objections to the changes
- Impact on Ecologically Sensitive Areas:
- The exemptions introduced in the amendments could have detrimental effects on significant forests in the Himalayan, trans-Himalayan, and northeastern regions.
- Clearing these forests without proper assessment and mitigation plans may threaten the biodiversity of vulnerable ecological and geologically sensitive areas and potentially trigger extreme weather events.
- Exclusion of Forest Land:
- Limiting the Act’s applicability only to forest areas recorded on or after 1980 may leave out substantial forest land and biodiversity hotspots.
- This exclusion could potentially lead to the sale, diversion, clearance, and exploitation of these areas for non-forestry purposes, undermining forest conservation efforts.
- Renaming of the Act:
- Dissent has been expressed regarding the renaming of the Act as Van (Sanrakshan Evam Samvardhan) Adhiniyam.
- The use of sanskritik terminology in the name is untenable and may not be in alignment with the linguistic and cultural diversity of the country.
- Balance of Power:
- Concerns have been raised about the balance of power between the central and state governments.
- They argue that forest conservation falls under the concurrent jurisdiction of both levels of government, and the amendments may shift the balance towards the central government, potentially undermining the authority of state governments in forest conservation matters.
Environment Ministry’s stand on the issue
- Addressing Concerns: The Environment Ministry has submitted detailed explanations to the JPC to address the concerns that have been raised. The Ministry aims to clarify and alleviate the apprehensions surrounding the proposed amendments.
- Protection of Godavarman Judgment: The Ministry asserts that the new amendments do not dilute the Godavarman Thirumulpad judgment, indicating that the changes are consistent with the principles laid down in the landmark Supreme Court ruling.
- Preventing Misuse of Land: The Ministry emphasizes that there are provisions in place to ensure that forest land will not be misused. The amendments include safeguards to prevent unauthorized exploitation or inappropriate utilization of forest land.
- Specific Exemptions: The Ministry clarifies that the exemptions introduced in the amendments would be limited to specific linear projects of strategic importance identified by the Central government.
Way forward
- Inclusive dialogue: Facilitate inclusive dialogue with stakeholders, including Opposition parties, NGOs, tribal communities, and experts, to address concerns and objections.
- Impact assessment: Conduct thorough environmental impact assessments (EIAs) to assess potential consequences of the amendments and develop mitigation plans for ecological sensitivity.
- Strengthen safeguards: Enhance safeguards for significant forest areas and develop clear definitions of forest to ensure effective conservation measures.
- Balance conservation and development: Promote sustainable practices like private plantations and reforestation while regulating industrial and mining use of forest tracts.
- Central-state collaboration: Foster collaboration and coordination between Central and state governments to harmonize forest conservation efforts.
- Transparent implementation: Allocate resources for monitoring, prevention of illegal activities, and ensure transparency and accountability in forest-related activities.
Conclusion
- The Forest (Conservation) Amendment Bill, 2023, set to be introduced in the monsoon session of Parliament. As the bill moves forward for debate, it is crucial to consider the concerns raised and ensure a balanced approach that protects both forests and the rights of forest-dependent communities.
Also read:
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Cash Transfers vs Foodgrain Distribution
Central idea
- Three years ago, financial constraints prevented the Centre and states from providing cash transfers to vulnerable households during pandemic lockdowns. However, there was an abundance of wheat and rice in FCI’s warehouses, allowing distribution to 813.5 million people. However, the current scenario has reversed, with governments having funds but limited grain stocks, raising concerns for future provisions.
Grain Distribution and Export Scenario
Grain Distribution:
- During the pandemic-enforced lockdowns the government distributed 10 kg of grain per month practically free to 813.5 million people from April 2020 to December 2022.
- This distribution was made possible through the public distribution system (PDS) and aimed to support poor and vulnerable households suffering from job and income losses.
Offtake of Grains:
- 2020-21 (April-March): The offtake of wheat and rice totalled 92.9 million tonnes, surpassing the annual average of 62.5 million tonnes during the first seven years after the National Food Security Act (NFSA) implementation.
- 2021-22: The offtake further increased to 105.6 million tonnes.
- 2022-23: The offtake remained high at 92.7 million tonnes.
Grain Exports:
- Rice: In 2021-22, India exported 21.2 million tonnes of rice, valued at $9.66 billion. In 2022-23, rice exports reached 22.3 million tonnes, valued at $11.14 billion.
- Wheat: Wheat exports accounted for 7.2 million tonnes ($2.12 billion) in 2021-22 and 4.7 million tonnes ($1.52 billion) in 2022-23
Karnataka Case: Shift from Grain to Cash Transfers
- Change in Financial Situation: As economic activities resumed, the financial situation improved for both the Centre and the states. Gross GST revenues grew, indicating increased financial resources available to the governments.
- Reduction in Grain Quota: From January 2023, the monthly grain quota under the National Food Security Act (NFSA) was reduced from 10 kg to 5 kg per person.
- Additional grain demand: The government in Karnataka sought additional grain from the FCI to fulfill its election promise of providing 10 kg of free rice per month to all members of below-poverty-line (BPL) households.
- Centre’s Refusal: The Centre did not allow the state government to distribute the extra rice beyond the 5 kg provided under the National Food Security Act (NFSA)
- Resort to Cash Transfers: As a result the Karnataka government started giving cash transfers instead. They started transferring Rs 170 to the bank accounts of the BPL family heads in lieu of the extra 5 kg of rice
Implications of cash transfers
- Inflationary Pressures:
- When households receive cash instead of free grain, they have the flexibility to use the money for various purposes, including purchasing rice or other goods.
- Increased demand for rice in the market can lead to higher prices, potentially contributing to inflationary pressures.
- Deflationary Impact of Free Grain Distribution:
- When surplus grains are distributed without a monetary transaction, it can help stabilize or reduce the prices of grains in the market.
- This can mitigate inflationary pressures and ensure affordable access to essential food items for vulnerable populations.
- Budgetary Considerations:
- This allocation needs to be carefully managed to ensure that it aligns with overall fiscal goals and priorities.
- The availability of adequate financial resources for cash transfers can be a determining factor in choosing between cash transfers and free grain distribution.
- Flexibility for Beneficiaries:
- Instead of receiving a predetermined amount of grain, households can decide how to allocate the cash according to their priorities.
- This flexibility allows households to address their unique requirements beyond food, such as healthcare, education, or other essential expenses.
- Market Dynamics:
- Cash transfers can stimulate economic activity by injecting money into local markets. This can have positive multiplier effects, benefiting various sectors and local businesses.
- On the other hand, free grain distribution may limit the market demand for grains, potentially affecting the livelihoods of farmers and traders.
Depleted grain stocks and uncertain monsoon
- Depleted Grain Stocks:
- The total stocks of wheat and rice in the Central pool today stands at a five-year-low.
- While these stocks are still above the normative minimum required, there are concerns about the monsoon and its impact on this year’s rice crop, which may affect procurement and future stocks.
- Monsoon Impact on Production:
- The poorly distributed rain has resulted in lower-than-usual rice cultivation, with farmers having planted only 123.18 lakh hectares out of the normal total of 399.45 lakh hectares under rice during the monsoon season. Additionally, the cumulative area sown is 6.1% lower than the previous year.
- Insufficient rainfall in the monsoon’s second half can impact not only the kharif rice but also the upcoming rabi wheat crop.
The Export conundrum
- Record Export Quantities: Despite the imposition of restrictions on grain exports, India witnessed record-breaking exports of rice, wheat, and other cereals. Specifically, total exports amounted to 32.3 million tonnes in 2021-22 and 30.7 million tonnes in 2022-23, valued at $12.87 billion and $13.86 billion, respectively.
- Inflationary Pressures: The rising demand for rice, coupled with reduced domestic availability due to exports, can lead to higher prices for consumers within the country.
- Limited Import Capability for Rice: As India is the world’s largest rice exporter, importing rice in case of domestic production shortfalls becomes challenging. Unlike wheat, which can be imported due to ample global supplies, rice imports are restricted.
- Price Volatility and Potential Export Restrictions: The rising rice prices globally, indicating potential price volatility. Given concerns over depleted grain stocks and uncertainties related to the monsoon, the government is considering additional export restrictions.
Way forward: A balanced approach
- Targeted Cash Transfers: Implement focused cash transfer programs to support the most vulnerable households affected by economic hardships.
- Optimal Grain Procurement: Strengthen grain procurement mechanisms to ensure an adequate supply of grains for the Public Distribution System (PDS) and strategic reserves.
- Strategic Stock Management: Develop effective strategies to balance grain distribution for immediate consumption while maintaining sufficient reserves for emergencies.
- Diversify Food Sources: Explore diverse food options, such as millets, pulses, and vegetables, to reduce reliance on a single crop and enhance food and nutritional diversity.
- Enhance Food System Resilience: Improve supply chain efficiency, reduce food waste, and enhance coordination among stakeholders for a resilient food system.
- Continuous Monitoring and Evaluation: Establish robust monitoring and evaluation systems to track the effectiveness of cash transfer programs, grain procurement strategies, and food security initiatives.
Conclusion
- The current state of depleted grain stocks, coupled with the uncertainties surrounding monsoon performance and global market dynamics, presents a significant challenge for the government. Balancing the need for cash transfers to alleviate the plight of vulnerable households while ensuring adequate grain reserves to sustain the country’s food security is a delicate task.
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17th July| Daily Answer Writing Enhancement | 14 Days Ethics Challenge
On Day 1 of 14 Days Ethics Challenge these questions were discussed in the closed Telegram group. You are also expected to attempt and submit these in the comment section below.
Day 1: Ethics and Human Interface
Part A:
Q1. What do you understand by ‘values’ and ‘Ethics’? In what ways is it important to be ethical along with being professionally competent? (150 words) 2013
Q2. What is meant by ‘environmental ethics’? why is it important to study? Discuss any one environmental issue from the viewpoint of ethics. (150 Words) 2015
Q3. Explain how Ethics contributes to social and human well-being. (150 Words) 2016
Q4. With regards to morality of actions, one view is that means are of paramount importance and the other view is that the ends justify the means, which view do you thing is more appropriate? Justify your answer. (150 Words) 2018
Part B: Case Study
Theme: Issues relating to Women/ Sexual Harassment at work place
You are the Executive Director of an upcoming Infotech Company which is making a name for itself in the market. Mr. A, who is a star performer, is heading the marketing team. In a short period of one year, he has helped in doubling the revenues as well as creating a high brand equity for the company so much so that you are thinking of promoting him. However, you have been receiving information from many corners about his attitude towards the female colleagues; particularly his habit of making loose comments on women. In addition, he regularly sends indecent SMS’ to all the team members including his female colleagues.
One day, late in the evening, Mrs. X, who is one of Mr. A’s Team members, comes you visibly disturbed. She complains against the continued misconduct of Mr. A, who has been making undesirable advances towards her and has even tried to touch her inappropriately in his cabin.
She tenders her resignation and leaves your office.
(a) What are the options available to you?
(b) Evaluate each of these options and choose the options you would adopt, giving reasons.
(250 words) 20 marks – 2013 -
How to make a perfect UPSC Timetable with daily and weekly targets? Webinar by Dimple Ma’am, UPSC’22 ranker and Senior IAS Faculty
Join Dimple ma’am for UPSC Time Management and Time table Session for UPSC 2024-25 | 18th July, 7:30 pm | Get CD’s Atomic Notes PDF post-webinar | Register below to secure your spot
Preparing for the UPSC exam can be a tough race against time. And if you are a working professional or college student preparing for UPSC or just an aspirant with a serious time crunch, odds are against you. Coping with the syllabus can be extremely difficult, frustrating, and unproductive.
But does that mean you give up on your dreams?
NO!
Time management is a #UPSCskill that tops all other skills in this long journey. Moreover, the complexity and vastness of the syllabus, unpredictability and ever-changing pattern of the UPSC exam, and cut-throat competition necessitate you to invest your time wisely.
Once you master your time, you will understand how easy it is for IAS rankers and first attempt IAS wonders
Known for her meticulous planning and strategic study methodologies, Dimple ma’am will be guiding you through a comprehensive 12-month phase-wise study plan and detailed specifically tailored for UPSC 2024 aspirants.
Table of content:
- Details of the webinar
- What can you expect to learn from this webinar?
- Who should attend this webinar?
- Download: Civilsdaily’s Atomic Notes Magazine
- About Dimple Chouhan ma’am
Civilsdaily’s Toppers
How to attend this webinar?
Date: 18th July 2023, Tuesday
Time: 7:30 pm
Mode: Online through Zoom
The Zoom Link for the webinar will be shared by email
Entry is FREE but seats are limited (only 100)
However, you can come and visit Civilsdaily’s Karol Bagh Center and meet Sajal sir and other mentors personally.
Address: Civilsdaily IAS, 1 LGF, Apsara Arcade, (near Karol Bagh metro station gate number 7) New Delhi, Rajinder Nagar, New Delhi, 110060
Contact here: +917303316700
About Dimple Chouhan
IAS’22 Topper, AIR-878, Dimple Chouhan is a senior IAS faculty at CivilsDaily. She has been mentoring UPSC aspirants for 4 years now and has mentored 150+ aspirants to Prelims success.
Time management isn’t the main thing. It is the only thing.
Who Should Attend This Webinar?
This webinar will benefit you if:
- Aspirants gearing up for UPSC 2024-25, be it college students, working professionals, or candidates who are at the very onset of their journey and struggling with time management.
- Those who attempted UPSC 2022 but couldn’t make it through and aim to make critical improvements for a stronger comeback in 2024.
- Candidates still trying to wrap their heads around the patterns, syllabus, and expectations of UPSC with respect to Current Affairs.
So, come join us and uncover the skills and understanding necessary to be a part of that 1% for UPSC 2024. Register now for the webinar and take your first step towards achieving your IAS dream!
Entry is FREE but seats are limited (only 100)
What Can You Expect to Learn in This Webinar?
- Making a timetable that will ensure a top-50 rank in UPSC 2024-25
- How to manage effective 5 hours per day for UPSC success. Make a timetable and set targets.
- Management of Priorities – UPSC- work, family and life as well.
- Reducing time on non-priorities.
- Planning ahead, making targets, staying consistent w.r.t targets.
- How should the syllabus be approached to complete it within the time limit?
- Balancing prelims-mains on one hand and GS-current affairs on the other.
- How to determine the primary focus areas of the Prelims, Mains, and Personality tests?
- How to apply bookish as well as classroom knowledge to the exam?’
We will discuss the important ways in which you can crack this exam through the following methods:
- Personalized timetable
- Personalized study plan
- Tracking your progress
- Investing in topics with good ROI
- Focusing on smart study
Entry is FREE but seats are limited (only 100)
You will also get an opportunity to interact 1-1 with Dimple Chouhan ma’am to discuss:
- A comprehensive, step-by-step 12-month strategy for UPSC preparation.
- Critical insights to fill gaps in your preparation.
- Decoding the complex and changing patterns of UPSC.
- A customizable framework for effectively aligning your preparation with UPSC’s expectations.
- Practical insights and tips for tackling common challenges on your UPSC journey.
- Strategies for continuously adapting to the evolving nature of UPSC.
(Note: The zoom link will be shared soon. Stay tuned for updates!)
CivilsDaily’s FREE Atomic Notes Magazine
Post-webinar we will share Civilsdaily’s Atomic Notes Magazine with you all along with other important PDFs, timetable framework, and notes.
- Samachar Manthan Current Affairs Module for FREE
- Prelims and Mains 2024 Toolkit
We will also schedule your 1-1 detailed mentorship call to help you prepare your self-study routine.
Join Dimple ma’am in the “Clarity with Rankers” webinar. Let her guide you toward a strategically planned, well-executed, successful UPSC journey. Together, let’s conquer UPSC 2024-25!
Entry is FREE but seats are limited (only 100)
Book your seat now!
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Who was Nawab Wajid Ali Shah (1822-1887)?
Central Idea
- An exhibition, heritage walk, and talk will be held in Kolkata to commemorate the bicentenary year of Nawab Wajid Ali Shah, the last king of Awadh.
Nawab Wajid Ali Shah
- Mirza Wajid Ali Shah (30 July 1822 – 1 September 1887) was the eleventh and final King of Awadh, reigning from 13 February 1847 to 11 February 1856.
- He is remembered as a poet, playwright, dancer, and patron of the arts who made significant contributions during his rule.
Reign and fall
- Ascension to the Throne: Wajid Ali Shah became the King of Awadh in February 1847, assuming the position during a period of decline for the kingdom.
- British Annexation: The British East India Company annexed Awadh on 11 February 1856, just two days before the ninth anniversary of Wajid Ali Shah’s coronation. He was subsequently exiled to Garden Reach in Metiabruz, near Kolkata, living on a pension.
Patron of the Arts
- Contributions to Music: Wajid Ali Shah was a generous patron of music and a talented composer. He nurtured the Lucknow Gharana of Kathak dance and enriched the light classical form of thumri. He composed ghazals and introduced new ragas, leaving a lasting impact on Hindustani music.
- Kathak Dance: Wajid Ali Shah’s patronage elevated Kathak dance in Lucknow. He emphasized artistic expression, incorporating drama, emotion, and literature. The king popularized Kathak as a court dance and made it accessible to the common people.
- Hindustani Theatre: The king established the Jogia Jashan, a grand pageant, and staged Rahas (dance-dramas) filled with poetry, lyrical compositions, and Kathak performances. His contributions laid the foundation for the development of Hindustani theatre.
Literary Pursuits
- Prose and Poetry: Wajid Ali Shah was a prolific writer in both Persian and Urdu. His works covered various subjects, including history, literature, and personal reflections. Notable works include “Huzn-i-Akhtar,” an autobiographical piece, and “Bani,” a treatise on music and dance.
- Patronage of Writers: The king patronized numerous poets and writers in his court, including Mirza Ghalib. He granted pensions to renowned literary figures and encouraged the production of works that reflected the culture and life of the era.
Exile Years and Legacy (1856-1887)
- Exile in Metiabruz: After losing his kingdom, Wajid Ali Shah settled in Metiabruz near Kolkata. He created a miniature version of Lucknow and maintained his lavish lifestyle. Matiya Burj, a magnificent complex, served as a reminder of his beloved city.
- Enduring Impact: Wajid Ali Shah’s compositions, including his famous thumri “Babul Mora Naihar Chhooto Jaay,” remain influential and have been performed by various artists. His contributions to music, dance, literature, and theatre continue to shape the cultural landscape, preserving his legacy.
Conclusion
- Mirza Wajid Ali Shah, the last King of Awadh, reigned from 1847 to 1856 before being exiled.
- His patronage of the arts, including music, dance, theatre, and literature, left an indelible mark on the cultural heritage of Awadh.
- Despite the challenges he faced and the loss of his kingdom, Wajid Ali Shah’s artistic endeavors and enduring legacy continue to inspire and enrich the region’s cultural identity.
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India to buy Rafale Marine Jet from France
Central Idea
- DAC Approval for Rafale: The Defence Acquisition Council (DAC) cleared proposals to procure 26 Rafale Marine fighter jets and three Scorpene submarines for the Indian Navy.
Rafale Marine Fighter Jets
- Naval Variant: Rafale Marine fighters are the naval version of the Rafale jets, with the Indian Air Force operating 36 of them.
- Advanced Multirole Fighters: Manufactured by Dassault Aviation, the Rafales are advanced twin-engine, multirole fighter jets equipped with modern sensors, radar, and the latest weapon systems.
- India-Specific Enhancements: The jets feature India-specific enhancements and have the capability to carry out various missions.
- Differences in Marine Version: The naval variant has foldable wings, a longer airframe for carrier landings, a tail hook for arrested landing, and reinforced landing gear suitable for aircraft carriers’ conditions.
- Expanded Weapon Capabilities: Rafale Marine jets can carry a wider range of weapons, including anti-ship and air-to-surface missiles, and have specialized radar for maritime operations.
Current Fleet and Need for Additional Fighters
- MiG-29Ks: The Indian Navy currently operates MiG-29Ks from INS Vikramaditya aircraft carrier, which are carrier-based multirole fighter aircraft.
- Procurement Requirement: With some MiG-29Ks expected to retire in a decade and the Navy having two operational carriers, additional deck-based fighters were needed to meet operational requirements until the indigenous Twin Engine Deck-Based Fighter (TEDBF) is developed.
- Criteria and Selection: Only Boeing’s F/A-18 E/F Super Hornet and Dassault Aviation’s Rafale-M met the Navy’s criteria, with Rafale-M having an advantage due to common spares and support with the Indian Air Force’s Rafale jets.
Export and Usage of Rafale Jets
- Importance for France: The Rafale is a key component of France’s nuclear deterrence capabilities.
- Orders and Deliveries: France has ordered a total of 192 Rafales, with 153 already delivered by the end of 2022.
- Future Orders: Plans for a further order of 30 fighters and additional Rafales to offset those sold to Greece and Croatia are in the pipeline.
- Flight and Operational Hours: The aircraft has accumulated a total of 405,000 flight hours, including 63,500 operational hours flown by French pilots since 2007.
Conclusion
- The Rafale Marine jets, with their advanced features and expanded weapon capabilities, will strengthen the Navy’s deck-based fighter fleet.
- This procurement decision marks another step towards bolstering India’s defense preparedness and self-reliance in defense manufacturing.
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What are AT-1 Bonds?
Central Idea
- Subscription Disappointment: State Bank of India (SBI)’s additional tier-1 (AT-1) bond issue saw a very low response from investors, raising ₹3,101 crore against an issue size of ₹10,000 crore.
- Market Sentiment Impact: The lackluster response is expected to dampen market sentiment and make fundraising more challenging for other PSU banks, potentially leading to delays in their fundraising plans.
What are AT1 Bonds?
- Definition: AT-1 bonds, or Additional Tier-1 bonds, are unsecured, perpetual bonds issued by banks to strengthen their core capital base in compliance with Basel-III norms.
- Complex Hybrid Instruments: AT-1 bonds are complex instruments suited for institutions and knowledgeable investors who can analyze their terms and determine if the higher rates compensate for the higher risks involved.
- Face Value: Each AT-1 bond typically carries a face value of ₹10 lakh.
- Acquisition Routes: Retail investors can acquire these bonds through initial private placement offers by banks or by purchasing already-traded AT-1 bonds in the secondary market based on broker recommendations.
Key Features and Importance of AT1 Bonds
- Perpetual Nature: AT-1 bonds do not have a maturity date. Instead, they include call options that allow banks to redeem them after a specific period, usually five or ten years. Banks can choose to pay only interest indefinitely without redeeming the bonds.
- Flexibility in Interest Payments: Banks issuing AT-1 bonds can skip interest payouts or even reduce the bonds’ face value if their capital ratios fall below certain thresholds specified in the offer terms.
- Regulatory Intervention: If a bank faces financial distress, the RBI has the authority to ask the bank to cancel its outstanding AT-1 bonds without consulting the investors.
Back2Basics: Basel Norms
- Basel is a city in Switzerland and the headquarters of the Bureau of International Settlement (BIS).
- The BIS fosters cooperation among central banks to achieve financial stability and common standards of banking regulations.
- Basel guidelines are broad supervisory standards formulated by the Basel Committee on Banking Supervision (BCBS).
- The Basel accord is a set of agreements by the BCBS that primarily focuses on risks to banks and the financial system.
- The purpose of the Basel accord is to ensure that financial institutions maintain sufficient capital to meet obligations and absorb unexpected losses.
- India has accepted the Basel accords for its banking system.
Basel I Basel II Basel III Year Introduced 1988 2004 2010 Focus Credit Risk Credit, Market, Operational Risks Capital, Leverage, Funding, Liquidity Capital Requirement Fixed at 8% of Risk-Weighted Assets (RWA) Minimum Capital Adequacy Requirement of 8% of Risk Assets Strengthening capital requirements Pillars – 1. Capital Adequacy Requirements 2. Supervisory Review 3. Market Discipline – Objective Define capital and risk weights for banks Encourage better risk management and disclosure Promote a more resilient banking system Implementation in India Adopted in 1999 Yet to be fully implemented March 2019 (postponed to March 2020 due to COVID-19) Key Parameters – – Capital: 12.9% capital adequacy ratio, Tier 1 and Tier 2 capital ratios, capital conservation buffer, and counter-cyclical buffer; Leverage: minimum 3% leverage rate; Funding and Liquidity: LCR and NSFR ratios -
New Scorpene Class Submarines for Navy
Central Idea
- Procurement Announcement: The three additional Scorpene submarines will be procured under the Buy (Indian) category. The Mazagon Dock Shipbuilders Limited (MDL) in Mumbai will build the submarines.
Scorpene Submarines and Project-75
- Project-75: MDL is already building six Scorpene class submarines under Project-75, with technology transfer from the French defense firm.
- Commissioned Submarines: Five out of the six Scorpene submarines have been commissioned, with the final one expected to be commissioned early next year.
- Delays and Challenges: Project-75 faced significant delays, as the first submarine was originally scheduled for delivery in 2012.
Need for Additional Submarines
- Addressing Delays and Fleet Strength: The procurement of three additional submarines is necessary to compensate for the delayed deliveries under Project-75 and strengthen India’s submarine fleet.
- Current Fleet Status: The Indian Navy currently operates 16 conventional submarines, but it needs a minimum of 18 submarines to carry out its full spectrum of operations.
- Refit Challenges: Around 30% of submarines are under refit at any given time, further reducing the number of operational submarines.
- Employment Opportunities: Procuring additional submarines with higher indigenous content will create employment opportunities and enhance MDL’s submarine construction capabilities.
Capabilities of Scorpene Submarines
- Attack Submarines: Scorpene submarines are designed as conventional attack submarines to target and sink enemy naval vessels.
- Weapons and Surveillance: They can launch a variety of torpedoes and missiles, equipped with surveillance and intelligence-gathering systems.
- Specifications: Scorpene submarines are approximately 220 feet long, with a height of about 40 feet. They have a top speed of 11 knots when surfaced and 20 knots when submerged.
- Diesel-Electric Propulsion: These submarines use diesel-electric propulsion systems, providing an endurance of around 50 days.
Comparison with Nuclear Submarines
- India’s Current Nuclear Submarines: India currently operates two nuclear-powered submarines (SSBMs) of the Arihant class.
- Endurance and Speed: Nuclear submarines have theoretically unlimited endurance and can operate for up to 30 years without refuelling. They can also achieve higher speeds.
- Cost and Expertise: Nuclear submarines are expensive and require specialized expertise to operate.
- Advancements in Conventional Submarines: Diesel-electric technology has significantly improved the range and stealth of conventional submarines.
- Air Independent Propulsion (AIP): Retrofitting Scorpene submarines with AIP systems will enhance their endurance and stealth capabilities.
Conclusion
- India’s decision to procure three additional Scorpene submarines enhances its naval capabilities and strengthens the indigenous manufacturing sector.
- The addition of these submarines will help meet the requirements of a growing fleet and improve operational readiness.
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National Green Tribunal (NGT): A failing institution in need of revival
What is the news?
- There are concerns regarding the underperformance of the National Green Tribunal (NGT) over the past five years which highlights the need for reform and revival.
Central idea
- The National Green Tribunal (NGT) plays a crucial role in adjudicating environmental cases in India, upholding the principles of justice and fairness. However, over the past five years, the NGT has faced significant challenges and underperformance. There is need for reform and revival within the NGT, emphasizing the responsibility of lawyers to raise awareness about its shortcomings.
What is NGT?
- The NGT is a specialized judicial body in India established under the National Green Tribunal Act, 2010.
- Its primary purpose is to handle cases related to environmental issues and disputes.
- The NGT has jurisdiction over matters concerning the enforcement of environmental laws, conservation of natural resources, and the prevention and control of environmental pollution
Structure of NGT
- Chairperson: The NGT is headed by a Chairperson who is appointed by the Central Government in consultation with the Chief Justice of India (CJI). The Chairperson holds a significant position of authority and leadership within the tribunal.
- Judicial Members: The NGT consists of Judicial Members who possess legal qualifications and expertise. These members are responsible for adjudicating on environmental cases and applying legal principles to make informed decisions.
- Expert Members: Expert Members are appointed to the NGT to provide specialized knowledge and expertise in specific fields related to the environment. These members bring scientific, technical, or environmental expertise to assist in the decision-making process.
- Selection Committee: A Selection Committee is formed by the Central Government to appoint both the Judicial Members and Expert Members of the NGT. This committee plays a crucial role in the selection process, ensuring the appointment of qualified individuals.
- Tenure and Age Limit: Members of the NGT, including the Chairperson, serve a term of three years or until they reach the age of sixty-five, whichever comes earlier. They are not eligible for reappointment after completing their term.
- Number of Members: The NGT Act specifies that there should be a minimum of ten and a maximum of twenty full-time Judicial Members and Expert Members in the tribunal. The actual number of members may vary within this range based on the requirements and workload of the NGT
Powers & Jurisdiction of NGT
- Jurisdiction over Civil Cases: The NGT has jurisdiction over all civil cases that involve substantial questions related to the environment. This includes matters concerning the enforcement of legal rights associated with the environment.
- Suo Motu Powers: The NGT has been granted “unique” forum status by the Supreme Court, which empowers it with suo motu (on its own motion) powers. This means that the NGT can take up environmental issues across the country without requiring a specific case to be filed before it.
- Adjudicatory and Preventative Roles: The NGT not only performs an adjudicatory function but is also entrusted with vital roles that are preventative, ameliorative, or remedial in nature. This implies that the NGT has a broader mandate beyond purely resolving disputes and is empowered to take preventive or remedial measures to address environmental concerns.
- Appellate Jurisdiction: In addition to its original jurisdiction, where parties can file applications before the NGT, the tribunal also possesses appellate jurisdiction. This means that it can hear appeals as a court (tribunal) on matters within its purview.
- Guided by Principles of Natural Justice: While the NGT is not bound by the procedural rules outlined in the Code of Civil Procedure 1908, it is guided by the principles of natural justice. This ensures fairness and due process in its proceedings and decision-making.
- Principles of Sustainable Development: In making its orders, decisions, or awards, the NGT applies the principles of sustainable development, precautionary principle, and polluter pays principle. These principles guide the tribunal in achieving a balance between environmental protection and development.
- Relief and Compensation: The NGT has the power to provide relief and compensation to victims of pollution and other forms of environmental damage. It can order restitution of damaged property and restoration of the environment in specific areas as it deems appropriate.
- Execution of Orders: The orders, decisions, or awards of the NGT can be executed as decrees of a civil court. This ensures that the directions issued by the tribunal are enforceable and have legal weight.
- Penalty for Non-compliance: The NGT Act provides a procedure for penalties in case of non-compliance. This includes imprisonment for a term that may extend to three years, fines that may extend to ten crore rupees, or both, depending on the nature and severity of the violation.
- Laws Covered: The NGT deals with civil cases arising from seven laws related to the environment, including the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002.
Concerns regarding NGT
- Lack of Judicial Oversight: One of the major concerns raised is the delegation of judicial work to expert committees, which resulted in a lack of judicial oversight. The reports of these committees were often accepted without hearing the affected parties, violating the principles of natural justice. This undermines the fair and transparent functioning of the NGT.
- Violation of Natural Justice: There are concerns regarding the failure to hear the parties affected by the orders issued by the expert committees goes against the basic principles of natural justice. Natural justice dictates that no one should be condemned behind their backs, and all parties should have the opportunity to present their arguments and evidence.
- Questionable Application of Polluter Pays Principle: The concerns have been raised about the application of the Polluter Pays principle by the NGT. There are discrepancies in the self-made report published by the NGT, which fails to acknowledge the outcome of challenges to the orders imposing Environmental Compensation.
- Bias Against Development and Industry: The concern expressed over the term compensation regime used to describe the NGT’s approach during the mentioned tenure. This term suggests a bias against development and industry, which may hinder the balance between economic growth and environmental conservation.
- Credibility and Transparency: The questions raised on the credibility and transparency of the NGT, particularly regarding the self-certification report published on its website. Such self-assessment raises doubts about the objectivity and reliability of the report and undermines the credibility of the NGT as an independent judicial body.
Need for reform and revival of the NGT
- Addressing Underperformance: The NGT has experienced underperformance over the past five years, as mentioned in the article. This can hinder its effectiveness in handling environmental cases and achieving its objectives. Reform is necessary to improve the NGT’s performance and ensure it fulfils its intended purpose.
- Judicial Oversight and Natural Justice: The delegation of judicial work to expert committees and the lack of proper judicial oversight raise concerns about the NGT’s decision-making process. It is important to reform the system to enhance judicial oversight and uphold the principles of natural justice, ensuring fair hearings and comprehensive evaluations of cases.
- Credibility and Transparency: The credibility and transparency of the NGT have been called into question. The publication of a self-made report card exclusively covering the tenure of the outgoing chairperson raises doubts about objectivity and transparency. Reform measures should focus on enhancing the credibility and transparency of the NGT’s operations and decision-making.
- Collaboration and International Standing: Reviving the NGT involves fostering collaborations with national and international organizations, research institutions, and experts. Such collaborations can strengthen the NGT’s knowledge base, exchange best practices, and enhance its standing on the global stage.
- Rebuilding Bar-Bench Relationship: The strained relationship between the bar (lawyers) and bench (NGT members) needs to be addressed. Reviving this relationship is crucial for effective representation of parties involved in environmental cases and to facilitate a constructive dialogue on environmental issues.
- Prioritizing Sustainability and Development Balance: While environmental protection is vital, the NGT’s approach should not be perceived as biased against development and industry. Reforms should strike a balance between environmental conservation and sustainable development, ensuring that economic growth and ecological concerns are harmonized.
- Transparent and Accountable Performance Evaluation: The NGT’s performance evaluation should be carried out in a transparent and accountable manner, avoiding any self-certification or subjective assessments. Establishing clear evaluation criteria and mechanisms can help monitor the NGT’s performance objectively.
Conclusion
- The NGT’s underperformance over the past five years necessitates urgent reform and revival. The next Chairperson must restore credibility, transparency, and respect within the institution, while also striking a balance between economic growth and environmental conservation. Through these efforts, the NGT can fulfill its vital role in addressing environmental challenges and upholding principles of justice
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