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  • Nikaalo Prelims Spotlight || Judgements and Important Provisions/Articles/Schedules of the Indian Constitution

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Telegram LIVE with Sukanya ma’am – 06 PM  – Current Affairs Session

    Join our Official telegram channel for Study material and Daily Sessions Here

    6th Mar 2023

    Important Judgements of Indian constitution 

    Case

    Relevance

    A.K. Gopalan Case (1950)

    SC contented that there was no violation of Fundamental Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the Preventive Detention Act, if the detention was as per the procedure established by law. Here, the SC took a narrow view of Article 21.

    Shankari Prasad Case (1951)

    This case dealt with the amendability of Fundamental Rights (the First Amendment’s validity was challenged). The SC contended that the Parliament’s power to amend under Article 368 also includes the power to amend the Fundamental Rights guaranteed in Part III of the Constitution.

    Berubari Union case (1960)

    This case was regarding the Parliament’s power to transfer the territory of Berubai to Pakistan. The Supreme Court examined Article 3 in detail. 9th Amendment Act was passed to enforce the agreement.

    Golaknath case (1967)

    SC contented that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13. Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution.

    Kesavananda Bharati case (1973)

    This judgement defined the basic structure of the Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” 

    Maneka Gandhi case (1978)

    The SC held that right to go abroad is included in the Right to Personal Liberty. The SC also ruled that the mere existence of an enabling law was not enough to restrain personal liberty. 

    Indra Sawhney and Union of India (1992)

    SC examined the scope and extent of Article 16(4), and upheld the constitutional validity of 27% reservation for the OBCs with certain conditions (like creamy layer exclusion, no reservation in promotion, total reserved quota should not exceed 50%, etc.)

    Minerva Mills case (1980)

    The judgement struck down 2 changes made to the Constitution by the 42nd Amendment Act 1976, declaring them to be violative of the basic structure. 

    Shah Bano Begum case (1985)

    Milestone case for Muslim women’s fight for rights. The SC upheld the right to alimony for a Muslim woman and said that the Code of Criminal Procedure, 1973 is applicable to all citizens irrespective of their religion. 

    S. R. Bommai case (1994)

    In this judgement, the SC tried to curb the blatant misuse of Article 356 (regarding the imposition of President’s Rule on states).

    Vishaka and State of Rajasthan (1997)

    This case dealt with sexual harassment at the workplace. 

    Lily Thomas v Union of India (2000)

    Here, the SC held that the second marriage of a Hindu man without divorcing the first wife, even if the man had converted to Islam, is void unless the first marriage had been dissolved according to the Hindu Marriage Act.

    I.R Coelho and State of Tamil Nadu 2007

    This judgement held that if a law is included in the 9th Schedule of the Indian Constitution, it can still be examined and confronted in court.

    Aruna Shanbaug Case (2011)

    The SC ruled that individuals had a right to die with dignity, allowing passive euthanasia with guidelines. 

    NOTA judgement (2013)

    This judgement introduced the NOTA (None-Of-The-Above) option for Indian voters.

    Triple Talaq Judgement (2016)

    The SC outlawed the backward practice of instant ‘triple talaq’, which permitted Muslim men to unilaterally end their marriages by uttering the word “talaq” three times without making any provision for maintenance or alimony. 

    Right To Privacy (2017)

    The SC declared the right to privacy as a Fundamental Right protected under the Indian Constitution. 
     
     
     

    Important Provisions/Articles/Schedules of the Indian Constitution

    Parts of the Indian Constitution

    Subject Covered

    Articles in Indian Constitution
    Part I Union and its Territories Article 1-4
    Part II Citizenship Article 5-11
    Part III Fundamental Rights Article 12-35
    Part IV Directive Principles Article 36-51
    Part IV A Fundamental Duties Article 51A
    Part V The Union Article 52-151
    Part VI The States Article 152-237
    Part VII Note: 7th Amendment Act, 1956 repealed Part 7 –
    Part VIII The Union Territories Article 239-242
    Part IX The Panchayats Article 243-243O
    Part IX A The Municipalities Article 243P-243ZG
    Part IX B Co-operative Societies Article 243ZH-243ZT
    Part X Scheduled and Tribal Areas Article 244-244A
    Part XI Relation between Union & States Article 245-263
    Part XII Finance, Property, Contracts and Suits Article 264-300A
    Part XIII Trade, Commerce and Intercourse within the territory of India Article 301-307
    Part XIV Services under the Union and States Article 308-323
    Part XIV A Tribunals Article 323A-323B
    Part XV Elections Article 324-329A
    Part XVI Special Provisions relating to certain classes Article 330-342
    Part XVII Official Languages Article 343-351
    Part XVIII Emergency Provisions Article 352-360
    Part XIX Miscellaneous Article 361-367
    Part XX Amendment of the Constitution Article 368
    Part XXI Temporary, Transitional and Special Provisions Article 369-392
    Part XXII Short title, Commencement, and Authoritative Text in
    Hindi and Repeals    		 Article 393-39

    Part 1: Article 1 – Article 4

    • Article 1 –Name of the union and its territories
    • Article 2 –Acceptance and creation of the new state
    • Article 3 – New state creation, as well as changes to the names, boundaries, and territories of existing states

    Part 2: Article 5 – Article 11

    • Article 5 –Citizenship at the time the Constitution first came into effect
    • Article 6 –An individual’s citizenship rights after coming to India from Pakistan
    • Article 10 –Maintenance of citizenship rights
    • Article 11 –The right to citizenship will be governed by law by Parliament.

    Part 3: Article 12 – Article 35

    • Article 12 –The state’s definition
    • Article 13 –Laws that violate or interfere with fundamental rights

    The Indian Constitution originally outlined seven fundamental rights, but only six remain. The 44th Amendment Act of 1978 repealed the Right to Property under Article 31. Part XII of the Constitution was amended to create the legal right under Article 300-A.

    • Right to Equality: Article 14 to Article 18
    • Right to Freedom: Article 19 to Article 22
    • Right to Exploitation: Article 23 to Article 24
    • Right to Freedom of Religion: Article 25 to Article 28
    • Cultural and Educational Rights: Article 29 to Article 30
    • Right to Constitutional Remedies: Article 32

    Part 4: Directive Principal of States Policy: Article 36 – 51

    • Article 36 – Definition
    • Article 37 – Application of DPSP
    • Article 39A – Free legal representation and equal justice
    • Article 40 – Forming a village panchayat
    • Article 41 – Right to employment, education, and, in some circumstances, public support
    • Article 43 – Living Wages, etc. for Workers
    • Article 43A – Participation of workers in the management of industries
    • Article 44 – Uniform civil code ( applicable in Goa only)
    • Article 45 – Provision for free and compulsory education for children
    • Article 46 – Promotion of educational and economic interest of scheduled castes, ST, and OBC
    • Article 47 – Duty of the state to raise the level of nutrition and the standard of living and to improve public health
    • Article 48 – Deals with agriculture and animal husbandry
    • Article 49 – Protection of monuments, places and objects of natural importance
    • Article 50 – Separation of judiciary from the executive
    • Article 51 – Promotion of international peace and security

    Part 5: Union: Article 52 – 151

    • Article 52 –The President of India
    • Article 53 –Executive Power of the union
    • Article 54 –Election of President
    • Article 61 –Procedure for Impeachment of the President
    • Article 63 –The Vice Presidents of India
    • Article 64 –The Vice-President to be ex-officio chairman the council of States
    • Article 66 –Election of Vice-president
    • Article 72 –Pardoning powers of President
    • Article 74 –Council of ministers to aid and advise President
    • Article 76 –Attorney General of India
    • Article 79 –Constitution of Parliament
    • Article 80 –Composition of Rajya Sabha
    • Article 81 –Composition of Lok Sabha
    • Article 83 –Duration of Houses of Parliament
    • Article 93 –The speakers and Deputy speakers of the house of the people
    • Article 105 –Powers, Privileges, etc. of the House of Parliament
    • Article 109 –Special procedure in respects of money bills
    • Article 110 –Definition of “Money Bills”
    • Article 112 –Annual Financial Budget
    • Article 114 –Appropriation Bills
    • Article 123 –Powers of the President to promulgate Ordinances during recess of parliament
    • Article 124 – Establishment of Supreme Court
    • Article 125 – Salaries of Judges
    • Article 126 –Appointment of acting Chief justice
    • Article 127 –Appointment of ad-hoc judges
    • Article 128 –Attendance of retired judge at sitting of the Supreme Court
    • Article 129 –Supreme Court to be a court of Record
    • Article 130 –Seat of the Supreme Court
    • Article 136 –Special leaves for an appeal to the Supreme Court
    • Article 137 –Review of judgment or orders by the Supreme Court
    • Article 141 –Decision of the Supreme Court binding on all the courts
    • Article 148 –Comptroller and Auditor-General of India
    • Article 149 –Duties and Powers of CAG

    Part 6: States: Article 152 – 237

    • Article 153 –Governors of State
    • Article 154 – Executive Powers of Governor
    • Article 161 –Pardoning powers of the Governor
    • Article 165 –Advocate-General of the State
    • Article 213 –Power of Governor to promulgate ordinances
    • Article 214 – High Courts for states
    • Article 215 –High Courts to be a court of record
    • Article 226 –Power of High Courts to issue certain writs
    • Article 233 –Appointment of District judges
    • Article 235 –Control over Subordinate Courts
    Part Detail
    Part 7 Repealed: Article 238
    Part 8 Union Territories: Article 239 – 242
    Part 9 Panchayats: Article 243 – 243O 

    • Article 243A – Gram Sabha
    • Article 243B – Constitution of Panchayats
    Part 9A Municipalities: Article 243P – 243ZG
    Part 9B Co-operative Societies: Article 243ZH – 243ZT
    Part 10 Scheduled and Tribal Areas: Article 244
    Part 11 Center- State Relations: Article 245 – 263

    Part 12: Finance, Property, Contracts and Suits: Article 264 – 300A

    • Article 266 – Consolidated Fund and Public Accounts Fund
    • Article 267 –Contingency Fund of India
    • Article 280 –Finance Commission
    • Article 300-A –Right to property

    Part 13: Trade, Commerce and Intercourse within the territories of India: Article 301 – 307

    • Article 301 – Freedom to trade, commerce, and intercourse.
    • Article 302 –Power of Parliament to impose restrictions on trade, commerce, and intercourse.

    Part 14: Services Under Center and State: Article 308 – 323

    • Article 312 –All- India-Service.
    • Article 315 –Public service commission’s for the union and for the states
    • Article 320 –Functions of Public Service Commission.

    Part 14A: Tribunals: Article 323A – 323B

    • Article 323A –Administrative Tribunals

    Part 15: Elections: Article 324 – 329

    • Article 324 –Superintendence, direction and control of Elections to be vested in an Election Commission.
    • Article 325 –No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.
    • Article 326 –Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

    Part 16: Special Provisions to SC, ST, OBC, Minorities etc: Article 330 – 342

    • Article 338 –National Commission for the SC, & ST.
    • Article 340 –Appointment of a commission to investigate the conditions of backward classes.

    Part 17: Official Language: Article 343 – 351

    • Article 343 –Official languages of the Union.
    • Article 345 –Official languages or languages of states.
    • Article 348 –Languages to be used in the Supreme Court and in the High Courts.
    • Article 351 –Directive for development of the Hindi languages.

    Part 18: Emergency: Article 352 – 360

    • Article 352 –Proclamation of emergency (National Emergency).
    • Article 356 –State Emergency (President’s Rule)
    • Article 360 –Financial Emergency

    Part 19: Miscellaneous: Article 361 – 367

    • Article 361-Protection of President and Governors

    Part 20: Amendment of Constitution: Article 368

    • Article 368 –Powers of Parliaments to amend the constitution

    Part 21:  Special, Transitional and Temporary Provisions: Article 369 – 392

    • Article 370 –Special provision of J&K.
    • Article 371A –Special provision with respect to the State of Nagaland
    • Article 371-J –Special Status for Hyderabad-Karnataka region

    Part 22: Short Text, Commencement, Authoritative Text in Hindi and Repeals: Article 392 – 395

    • Article 393 – Short title – This Constitution may be called the Constitution of India.

    Important Schedules of the Indian Constitution 

    Schedules

    Articles of Indian Constitution
    First Schedule Article 1 and Article 4
    Second Schedule Articles: 59, 65, 75, 97, 125, 148, 158, 164, 186, 221
    Third Schedule Articles: 75, 84, 99, 124,146, 173, 188, 219
    Fourth Schedule Article 4 and Article 80
    Fifth Schedule Article 244
    Sixth Schedule Article 244 and Article 275
    Seventh Schedule Article 246
    Eighth Schedule Article 344 and Article 351
    Ninth Schedule Article 31-B
    Tenth Schedule Article 102 and Article 191
    Eleventh Schedule Article 243-G
    Twelfth Schedule Article 243-W

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  • Lankan Fishermen Oppose Proposal to License Indian Fishermen

    fish

    Sri Lanka’s northern fishermen fiercely oppose the government’s plan to issue licenses to Indian fishermen to enter Sri Lankan waters, terming the move a “serious setback” to their nearly 15-year-long struggle.

    Recent development

    • The Sri Lankan government has proposed issuing fishing licenses to Indian fishermen to fish in Sri Lankan waters.
    • The proposal has been met with fierce opposition from Northern Province fishermen who view it as a threat to their livelihoods and an infringement on their fishing rights.
    • Indian fishermen have been accused of using illegal fishing methods and damaging the marine ecosystem, which has further fueled tensions between the two groups.
    • The conflict over fishing rights has led to violence and arrests on both sides.

    Issues for Sri Lanka

    • Proliferation of Trawlers: The overuse of mechanized trawlers in Palk Bay is damaging the marine ecosystem in SL waters.
    • Breach of sovereignty: There were many favorable reasons too for Indian fishermen as their access to Sri Lankan waters was easier at the time of Sri Lankan civil war.
    • Porous borders: Maritime boundaries were never tightly guarded as a result, Indian trawlers continue to routinely enter Lankan waters for fishing.
    • End of Civil War: Everything changed in 2009 with the end of civil war. Arrests and attacks increased on Indian fishermen as they continued entering Lankan waters because of depletion of marine resources on the Indian side.

    Fishermen’s concern:

    (1) Depletion of fisheries

    • There is a depletion of fisheries on the Indian side, so Indian fishermen cross into Sri Lankan waters thus denying the livelihood of their counterparts.
    • They deliberately cross the territorial waters even at the risk of getting arrested or shot dead by the Sri Lankan Navy.
    • Sri Lankan fishermen across Palk Bay are concerned over similar depletion on their side (where there is a ban for trawlers) because of poaching by Indian fishermen.

     (2) Rights over Katchatheevu Island

    • Tamil fishermen have been entering Sri Lankan waters nearby Katchatheevu island, where they had been fishing for centuries.
    • In 1974, the island was ceded to Sri Lanka after an agreement was signed by Indira Gandhi between the two countries without consulting the Tamil Nadu government.
    • The agreement allows Indian fishermen “access to Katchatheevu for rest, for drying of nests and for the annual St Anthony’s festival” but it did not ensure the traditional fishing rights.

    (3) Hefty fines

    • After some respite in the last couple of years, Sri Lanka introduced tougher laws banning bottom-trawling and put heavy fines for trespassing foreign vessels.
    • SL has increased the fine on Indian vessels found fishing in Sri Lankan waters to a minimum of LKR 6 million (about ₹25 lakh) and a maximum of LKR 175 million (about ₹17.5 Crore).
    • Quiet often, the fishermen are shot dead by SL marines.

    Fishermen issue in TN politics

    • It has been often a sensitive political issue in Tamil Nadu in the past one decade.
    • In a defiant speech in 1991, late CM Jayalalitha had called on the people of Tamil Nadu to retrieve the Katchatheevu Island.

    Way forward

    • Leasing: Two courses of action exist: (1) get back the island of Katchatheevu on “lease in perpetuity” or (2) permit licensed Indian fishermen to fish within a designated area of Sri Lankan waters and vice versa.
    • Licensing: The second course of action would persuade Colombo to permit licensed Indian fishermen to fish in Sri Lankan waters for five nautical miles from the IMBL.
    • Reconsidering old agreements: The 2003 proposal for licensed fishing can be revisited.
    • Looping in fishermen themselves: Arranging frequent meetings between fishing communities of both countries could be systematized so as to develop a friendlier atmosphere mid-seas during fishing.

    Conclusion

    • The underlying issues of the fisheries dispute need to be addressed so that bilateral relations do not reach a crisis point.
    • Immediate actions should be taken to begin the phase-out of trawling and identify other fishing practices.
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  • Explained: Biodiversity Beyond National Jurisdiction (BBNJ) Treaty

    bbnj

    For the first time, United Nations members have agreed for an early conclusion of the International Legally Binding Instrument of BBNJ under the United Nations Convention on the Law of the Sea (UNCLOS).

    Background

    • The UN Convention on the Law of the Sea was established in 1994 before marine biodiversity became a well-established concept
    • An updated framework to protect marine life in the high seas had been in discussions for over 20 years.
    • BBNJ is an agreement that aims to protect marine biodiversity in areas beyond national jurisdiction (ABNJ).
    • ABNJ refers to the high seas, which are not governed by any country but are still important for global biodiversity.

    What is the BBNJ treaty?

    • The BBNJ Treaty also called the Treaty of the High Seas, is an international agreement that aims to preserve and sustainably use the marine biodiversity of areas beyond national jurisdiction.
    • This includes the high seas, which are outside of countries’ exclusive economic zones and makeup nearly half of the Earth’s surface.
    • These areas are currently poorly regulated and only 1% of them are protected.
    • The High Ambition Coalition on BBNJ was launched in February 2022 to negotiate and achieve a comprehensive and ambitious outcome.

    Key areas of agreement

    The negotiations focus on elements agreed upon such as the-

    1. Conservation and sustainable use of marine genetic resources,
    2. Area-based management tools like marine protected areas,
    3. Environmental impact assessments, and
    4. Capacity-building and technology transfer

    Consensus reached

    • A new body will be created to manage the conservation of ocean life and establish marine protected areas in the high seas
    • The treaty establishes ground rules for conducting environmental impact assessments for commercial activities in the oceans
    • Several marine species, including dolphins, whales, sea turtles, and many fish, make long annual migrations, crossing national borders and the high seas

    What is the significance of this treaty?

    • Beyond jurisdiction coverage: BBNJ refers to the areas beyond the jurisdiction of any single country, such as the high seas, the deep sea floor, and the international seabed area. These areas are critical for the health of the ocean, the well-being of coastal people, and the overall sustainability of the planet.
    • Covers entire oceans: BBNJ comprises 95% of the ocean and provides invaluable ecological, economic, social, cultural, scientific, and food-security benefits to humanity.
    • Hard-arrived consensus: BBNJ is governed by a patchwork of international agreements, conventions, and bodies, but there is no single comprehensive framework that regulates activities in these areas.

    Various threats

    • BBNJ, despite its resilience in the past, is currently at risk due to several emerging dangers such as pollution, overexploitation, and the observable consequences of climate change.
    • In the future, the escalating need for marine resources, whether for food, minerals, or biotechnology, may intensify these issues.
    • For example, deep-sea mining, where valuable metals are extracted from the ocean floor, is becoming more prevalent despite the fact that little is known about the biodiversity in these areas.

    Why protect deep seas?

    • The deep seafloors, believed to be the harshest habitat, are also facing the extinction process.
    • A recent study assessed 184 species of Molluscs in the deep sea and found that 62% are listed as threatened: 39 are critically endangered, 32 are endangered and 43 are vulnerable.
    • Yet, the International Seabed Authority, a Jamaica-based intergovernmental body, is allowing deep-sea mining contracts.

    Way forward

    Ans. Create legally binding instrument

    • To address these threats, there is a need for a legally binding instrument for BBNJ.
    • The instrument would provide a framework for the conservation and sustainable use of BBNJ and would address gaps in the current international legal regime.
    • The legally binding instrument would establish a mechanism for the conservation and sustainable use of BBNJ, including measures to protect biodiversity, manage human activities, and ensure the equitable sharing of benefits.
    • It would also provide for capacity-building and technology transfer to support the implementation of these measures.
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  • What are ‘Bio-Computers’ and what can they tell us about the human brain?

    bio-computer

    Central idea: Johns Hopkins University scientists have proposed creation of Bio-Computers’ using a new area of research called “organoid intelligence”.

    Background

    • JHU scientists will harness the processing power of the brain and help understand the biological basis of human cognition, learning, and neurological disorders.
    • Traditional methods of studying the human brain involve using rat brains, which are structurally and functionally different from human brains.

    Building brain organoids in the lab

    • Scientists are building 3D cultures of brain tissue in the lab, called brain organoids, using human stem cells.
    • Brain organoids capture many structural and functional features of a developing human brain and are being used to study human brain development and test drugs.
    • However, brain organoids developed in the lab lack sensory inputs and blood circulation, which limits their growth and sophistication.

    Transplanting brain organoids

    • Scientists have transplanted human brain organoid cultures into rat brains, where they formed connections with the rat brain and were functionally active.
    • However, human brain organoids are still nested in the rat-brain microenvironment, which limits their relevance to humans.

    What is the new “bio-computer”?

    • The JHU researchers’ scheme combines brain organoids with modern computing methods to create “bio-computers”.
    • Brain organoids will be grown inside flexible structures affixed with multiple electrodes to record the firing patterns of neurons and deliver electrical stimuli.
    • Machine-learning techniques will be used to analyze the response patterns of neurons and their effect on human behavior or biology.

    Opportunities for “bio-computers”

    • Brain organoids can be developed using stem cells from individuals with neurodegenerative diseases or cognitive disorders to reveal the biological basis of human cognition, learning, and memory.
    • “Bio-computers” could help decode the pathology of and develop drugs for neurodevelopmental and degenerative diseases such as Parkinson’s disease and microcephaly.

    Challenges for bio-computers

    • Brain organoids have a diameter of less than 1 mm and have fewer than 100,000 cells on average, limiting their computing capacity.
    • Researchers will have to develop microfluidic systems to transport oxygen and nutrients and remove waste products.
    • The hybrid systems will generate large amounts of data that will need to be stored and analyzed using “Big Data” infrastructure and advanced analytical techniques.
    • An ethics team is proposed to identify, discuss, and analyze ethical issues as they arise in the course of this work.

    Conclusion

    • Biocomputers will harness the processing power of the brain and help understand the biological basis of human cognition, learning, and various neurological disorders.
    • Scaling up brain organoids and developing microfluidic systems and analytical techniques are the key challenges.
    • Ethical issues arising from the development of biocomputers will be analyzed by an ethics team.

     

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  • [Sansad TV] Perspective: Urban Planning

    [Sansad TV] Perspective: Urban Planning

    Context

    • Prime Minister has said that well-planned cities are going to be the need of the hour in the fast-paced environment of India in the 21st century. 
    • He emphasized that the development of new cities and the modernization of services in the existing ones are the two main aspects of urban development.

    What do you mean by Urban Planning?

    • Urban planning is the process of designing and managing the physical and social development of cities, towns, and other urban areas.
    • It involves a range of activities, including land use planning, transportation planning, environmental planning, and community development.
    • Urban planners work to create livable and sustainable communities by balancing the needs of different stakeholders, including residents, businesses, and government agencies.
    Urban planning in India: A quick recap

    The first Municipal Corporation was set up in the former Presidency Town of Madras in 1688.
    It was followed by similar corporations in the then Bombay and Calcutta in 1726.
    Lord Mayo’s resolution of 1870 laid out a roadmap for these bodies in India.
    The ‘Magna Carta’ of local self-government is considered to be Lord Ripon’s resolution of 1882. In 1907, a royal commission, chaired by Hobhouse, was established to focus on decentralization.
    The Government of India Act of 1919 assigned the subject of local self-government to an Indian minister.
    The Cantonments Act was passed by the central legislature in 1924.
    Local self-government was declared a provincial subject under the Government of India Act of 1935.

    Features of Urban Planning

    • Land use planning: This involves the allocation of land for various uses, such as residential, commercial, industrial, and recreational.
    • Transportation planning: Planning for efficient and sustainable transportation systems, including roads, public transit, bike lanes, and pedestrian walkways.
    • Housing planning: Ensuring the availability of adequate and affordable housing for all residents.
    • Economic planning: Supporting economic development and growth by creating jobs, attracting investment, and providing business opportunities.
    • Infrastructure planning: Developing and maintaining infrastructure, such as water supply, sanitation, and waste management systems.
    • Community engagement: Involving the community in the planning process to ensure that their needs and priorities are reflected in the final plan.
    • Zoning: Regulating the use of land and the placement of buildings to ensure compatibility with neighboring uses and adequate provision of open space.
    • Urban design: Creating an attractive and functional built environment through thoughtful design of public spaces, buildings, and streetscapes.
    • Environmental planning: Incorporating environmental considerations, such as the preservation of natural resources, reducing pollution, and promoting sustainable practices.

    Urban Planning Mechanism in India

    India’s local governance system underwent a transformation in 1992 with constitutional reforms through the 73rd and 74th Amendments.

    • 12th schedule: Urban planning, regulation of land use, and planning for economic and social development are the first three subjects listed in the 12th schedule.
    • 74th Amendment: It empowers elected municipalities with the task of preparing and implementing plans and schemes for economic development and social justice, along with subjects listed under the 12th Schedule.
    • Metropolitan Planning Committee (MPC): The 74th Amendment mandates the creation of a MPC for metropolitan cities with over 1 million population, with at least two-thirds of its members to be elected local representatives, to prepare a development plan for the metropolitan area incorporating local bodies’ plans.
    • Creation of master plans: These agencies prepare “master plans” that regulate land use and development across the city every 10-20 years, such as the Delhi Development Authority or the Bangalore Development Authority.
    • District Development Authorities: State government-controlled DAs are primarily responsible for urban planning in most of India’s major cities, instead of municipal government or MPC.

    Why is it a daunting task in India?

    • Rapid urbanization: India has been witnessing rapid urbanization, with a significant population shift from rural areas to cities. This has led to unplanned and haphazard urbanization, resulting in inadequate infrastructure, lack of affordable housing, and overcrowding in cities.
    • Cost of urban planning: The cost of urban planning can be substantial, especially if the plan involves the construction of new infrastructure, such as roads, bridges, public transport systems, and housing. The cost can also vary depending on the level of development, infrastructure, and services required in the city.
    • Poor infrastructure: Many Indian cities lack proper infrastructure such as roads, public transport, water supply, and sewage systems. This leads to traffic congestion, pollution, and health hazards.
    • Lack of open spaces: Many urban areas in India lack open spaces such as parks, playgrounds, and public spaces. This can impact the physical and mental well-being of residents, especially children and the elderly.
    • Inadequate housing: The demand for affordable housing in Indian cities far exceeds the supply. This has led to the proliferation of slums and informal settlements, where living conditions are often substandard.
    • Corruption: Corruption in urban planning is a significant issue in India. It leads to the allocation of resources based on political and personal considerations rather than objective criteria, resulting in inefficient use of resources and poor urban planning outcomes.
    • Lack of citizen participation: Citizens’ participation in urban planning is minimal in India. Most planning decisions are made by bureaucrats and politicians, with little input from citizens. This can lead to decisions that do not reflect the needs and aspirations of the people.

    Major challenges plaguing Urban Centres

    • Lack of Efficient Transport: Overcrowded roads, pollution, and increased travelling time due to the dependency on private vehicles in cities, which also contributes to climate change.
    • Slums and Squatter Settlements: High cost of living in cities leads to the growth of slums as safe havens for migrants, with 35.2% of the total urban population living in slums in India, and Dharavi in Mumbai being the largest slum in Asia.
    • Degradation of Environmental Quality: Congestion of people in limited spaces results in reduced air quality, contaminated water, destruction of forests and agricultural land for construction, and wastes being channelized to rivers, leading to garbage mountains outside cities.
    • Sewerage Problems: Inefficient sewage facilities due to unplanned and haphazard growth of cities, with almost 78% of the sewage generated in India remaining untreated and disposed of in rivers, lakes, or sea.
    • Urban Heat Island: Dense concentrations of pavement, buildings, and other surfaces in urban areas lead to increased energy costs, air pollution, and heat-related illness and mortality.
    • Urban Flooding: Encroachment on lakes, wetlands, and rivers due to new developments in low-lying areas, ineffective natural drainage systems, and lack of solid waste management leading to flooding and waterlogging.
    • Ineffective Functioning of ULBs: Imbalance between the powers, responsibilities, and funds assigned to Urban Local Bodies (ULBs) outlined by the Constitution, resulting in their ineffective functioning due to the lack of time-bound audits and revenue dependence on the Centre and State.

    Major schemes for urban planning and development

    The GOI has launched several schemes related to urban planning to address the issues faced by Indian cities. Some of the major schemes are:

    • Smart Cities Mission: Launched in 2015, this scheme aims to develop 100 smart cities across India by leveraging technology and infrastructure. The mission focuses on sustainable development, citizen participation, and the use of technology to improve urban services.
    • Atal Mission for Rejuvenation and Urban Transformation (AMRUT): Launched in 2015, this scheme aims to improve basic urban infrastructure such as water supply, sewage, and transportation in cities with a population of over 100,000. The scheme focuses on improving the quality of life of citizens.
    • Swachh Bharat Abhiyan: Launched in 2014, this scheme aims to achieve a clean India by promoting sanitation and hygiene. The scheme focuses on improving waste management, constructing toilets, and promoting behavioural change.
    • Pradhan Mantri Awas Yojana (PMAY): Launched in 2015, this scheme aims to provide affordable housing to urban poor and homeless. The scheme provides financial assistance to construct houses and promotes the use of eco-friendly and sustainable building materials.
    • Heritage City Development and Augmentation Yojana (HRIDAY): Launched in 2015, this scheme aims to preserve and revitalize the heritage cities in India. The scheme focuses on improving tourism infrastructure, promoting heritage tourism, and preserving cultural heritage.

    Way forward

    To move forward with urban planning in a sustainable and cost-effective manner, the following steps can be taken:

    • Adopt a participatory approach: Citizens’ participation is essential for effective urban planning. Cities should involve citizens, community groups, and stakeholders in the planning process, from the early stages to implementation and evaluation.
    • Prioritize sustainable development: Urban planning should prioritize sustainability, including reducing carbon emissions, improving public transportation, promoting renewable energy, and preserving natural resources.
    • Promote public-private partnerships: Public-private partnerships can provide resources and expertise to urban planning projects. They can also help to mobilize private investment in infrastructure and services.
    • Use technology to improve planning and implementation: Urban planners can use technology to improve the accuracy and speed of planning and implementation. For example, geographic information systems (GIS) can help with mapping, data analysis, and visualization.
    • Address corruption: Corruption in urban planning can lead to inefficient use of resources and poor outcomes. Cities should prioritize transparency and accountability in planning processes to reduce corruption.
    • Prioritize housing: Affordable housing is essential for the well-being of citizens. Cities should prioritize the provision of affordable housing, and this can be achieved through innovative financing models, such as social housing and rent control.
    • Emphasize the importance of green spaces: Green spaces such as parks, public spaces, and playgrounds are essential for the physical and mental well-being of citizens. Cities should prioritize the preservation and creation of green spaces.

    Conclusion

    • By adopting these steps, urban planning can be carried out in a sustainable, cost-effective, and citizen-centric manner.
    • This will help address the challenges faced by cities and create livable, vibrant, and sustainable urban environments for citizens.

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  • SWAMIH investment fund and its affordable housing push

    swami

    The Special Window for Affordable and Mid-Income Housing (SWAMIH) Investment Fund I has raised Rs 15,530 crore so far.

    What is the SWAMIH investment fund?

    • The SWAMIH Investment Fund I is a social impact fund specifically formed for completing stressed and stalled residential projects.
    • The Fund is sponsored by the Ministry of Finance and is managed by SBICAP Ventures Ltd., a State Bank Group company.
    • The Fund is considered as the lender of last resort for distressed projects.

    Who are eligible for this fund?

    It considers-

    • First-time developers,
    • Established developers with troubled projects,
    • Developers with a poor track record of stalled projects,
    • Customer complaints and NPA accounts, and even
    • Projects where there are litigation issues.

    Significance of the funds

    • The Fund’s presence in a project often acts as a catalyst for better collections and sales primarily in projects that were delayed for years.
    • According to the Finance Ministry, SWAMIH Fund has one of the largest domestic real estate private equity teams focused only on funding and monitoring the completion of stressed housing projects.

    How many projects so far have been financed by the Fund?

    • SWAMIH has so far provided final approval to about 130 projects with sanctions worth over Rs 12,000 crore.
    • The Fund has completed 20,557 homes and aims to complete over 81,000 homes in the next three years across 30 tier 1 and 2 cities.
    • The Fund has been able to complete construction in 26 projects and generate returns for its investors.
    • It has also played a critical role in the growth of many ancillary industries in real estate and infrastructure sector having successfully unlocked liquidity of more than Rs. 35,000 crore.
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  • One Nation, One Challan Initiative

    challan

    The Gujarat Govt. informed High Court that it’s setting up virtual traffic courts under ‘One Nation One Challan’ initiative while hearing a PIL on the matter.

    What is the One Nation, One Challan initiative?

    • One Nation, One Challan is an initiative of the Ministry of Road Transport and Highways.
    • It aims to bring all related agencies, such as the traffic police and the Regional Transport Office (RTO), on one platform, to enable seamless collection of challans as well as data transfer.
    • The integrated system uses the CCTV network to detect traffic violations and retrieve the registration number of the offending vehicle from applications like VAHAN and SARATHI.
    • An e-Challan is then generated with the relevant penalty amount, and sent to the mobile number linked with the vehicle.

    What did the Gujarat govt inform?

    • In Gujarat, the initiative is operational in three commissionerate areas of Ahmedabad, Rajkot and Surat since January this year and implementation at Vadodara is underway.

    How does the integration help?

    • Prior to the integration, details of vehicle ownership from a different state could not be accessed through the CCTV network for penalization.
    • Integration of all states’ RTO data and traffic police data with the support of NIC servers allows access to vehicle registration and related data for violators from different states.
    • Challans will be sent directly to the mobile number registered with the vehicle.
    • NIC is set to launch its own application for e-Challan delivery.

    How do virtual traffic courts work?

    • Virtual courts are aimed at eliminating the presence of litigants in the court.
    • An accused can search their case on the virtual court’s website. Upon successful payment of the fine, the case will be shown as disposed of.
    • For now, one court is in the process of being designated as a virtual court for the whole of Gujarat.

     

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  • Assam’s Maidams meet UNESCO technical requirements for heritage centre

    maidam

    Assam’s pyramid-like structures known as moidams or maidams have met all the technical requirements of UNESCO’s World Heritage Centre.

    Charaideo Maidams

    • The Charaideo maidams represents the late medieval (13th-19th century CE) mound burial tradition of the Tai Ahom community in Assam.
    • The Ahoms preferred to place the departed family members at Charaideo where the first king Sukapha was laid to rest.
    • The historical chronicles inform that wives, attendants, pet animals and huge quantity of valuables were buried with the departed kings.
    • The Charaideo Maidams enshrine the mortal remains of the members of the Ahom royalty, who used to be buried with their paraphernalia.
    • After the 18th century, the Ahom rulers adopted the Hindu method of cremation and began entombing the cremated bones and ashes in a Maidam at Charaideo.
    • Out of 386 Maidams explored so far, 90 royal burials at Charaideo are the best preserved, representative of and the most complete examples of mound burial tradition of the Ahoms.

    Architecture details

    • Architecturally it comprises a massive underground vault with one or more chambers having domical superstructure.
    • It is covered by a heap of earthen mound and externally it appears a hemispherical mound.
    • At the top of the mound a small open pavilion chow-chali is provided.
    • An octagonal dwarf wall encloses whole maidam.

     

    Ahoms Dynasty

    • The Ahom, also known as the Tai-Ahom, are an ethnic group from Assam and Arunachal Pradesh in India.
    • This ethnic group is made up of interbred descendants of the Tai people, who first came to Assam’s Brahmaputra valley in 1228, and indigenous people who later joined them.
    • Sukaphaa, the Tai group’s leader, and his 9000 supporters founded the Ahom empire (1228–1826 CE), which ruled over part of modern-day Assam’s Brahmaputra Valley until 1826.
    • Charaideo, more than 400 km east of Guwahati, was the first capital of the Ahom dynasty founded by Chao Lung Sukaphaa in 1253.
    • The current Ahom people and culture are a mix of the ancient Tai people and culture, as well as indigenous Tibeto-Burman people and cultures that they assimilated in Assam.

     

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  • Foldscope: A new paper microscope

    fold

    Researchers from the Indian Institute of Science (IISc), Bengaluru, have developed a cheap paper microscope (foldscope) connected to a smartphone camera that could find wider application in a variety of research areas, and in some cases potentially replace more expensive equipment.

    What is Foldscope?

    • The Foldscope is a handheld microscope made mostly of paper that can be easily linked to a smartphone camera.
    • It has a magnification of around 140x and can identify objects just 2 micrometres wide.
    • It was first created by researchers at Stanford University in 2014.
    • IISc version of Foldscope costs around Rs 400, much cheaper than that of Stanford’s one.

    How is Foldscope comparable to electron microscope?

    • The researchers found that Foldscope could capture the roundness and aspect ratio of an object to within 5% of those imaged by a state-of-the-art instrument called a scanning electron microscope (SEM).
    • SEM costs more than Rs 50 lakh each.
    • Preparing a sample for study through a Foldscope takes less than an hour, whereas the same process for an SEM was “tedious and time-consuming”.

    Potential applications

    • Foldscopes can be used in pharmaceuticals (to inspect drug products), environmental science (to observe pollutants), and cosmetics (to observe powders and emulsions), among other fields.
    • They can also be used to study “soil particles’ morphology,” which can “help understand soil structure, nutrient availability, and plant growth” in agriculture.
    • It allows for in-field soil analysis and visualisation of soil structure per Indian Standard Soil Classification System which earlier required bulky microscopes with high resolution.
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  • Capital Expenditure (CAPEX): Crucial Role Of The States

    Expenditure

    Central Idea

    • The budget’s clear thrust towards capital expenditure is evident in the 33% increase in its allocation. The primary goal of this allocation is to bolster aggregate demand in the short term and enhance the economy’s productive capacity in the long term. This strategy is widely regarded as beneficial, especially considering the crucial role that infrastructure plays in the growth and development of any economy.

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    Capital Expenditure of the states

    • Capex of the states exceed than the central govt: The combined spending of Indian states on capital expenditure now exceeds that of the central government.
    • For example: In 2021-22, this figure combined for states and Union territories, according to budget estimates, was ₹10.5 trillion. The Centre’s effective capital expenditure that year was ₹8.4 trillion, including ₹2.5 trillion as grant for creation of assets.

    What is Capital Expenditure (CAPEX)?

    • Capital expenditure refers to investments in upgrading existing or building new physical assets by the government or private businesses.
    • As businesses expand, capex has a multiplier effect on the economy, creating demand and unleashing animal spirits.

    Main types of Capex

    • Infrastructure development: This includes building and upgrading public infrastructure such as roads, highways, railways, ports, airports, power plants, and water supply systems.
    • Defence and security: This involve the acquisition and maintenance of defence equipment, weapons systems, and other security-related investments.
    • Social sector spending: This includes investment in areas such as education, healthcare, and social welfare programs to improve the quality of life of the citizens.
    • Rural development: This includes spending on agricultural and rural infrastructure such as irrigation systems, rural electrification, and rural housing.
    • Capital investments in public sector enterprises: The government may also invest capital in public sector enterprises to improve their efficiency and profitability

    Key reasons why the Indian government emphasizes Capex?

    • Promoting economic growth: Capital expenditure is critical for promoting economic growth by creating demand for goods and services, boosting private sector investment, and increasing employment opportunities. By investing in infrastructure, the government can provide the necessary framework for businesses to grow and thrive.
    • Improving public services: Capital expenditure is required to build and upgrade public facilities such as hospitals, schools, and water supply systems, and provide necessary equipment and supplies. This investment in public services is crucial for improving the quality of life of citizens and promoting social and economic development.
    • Infrastructure development: It is critical for promoting trade, commerce, and investment, and improving the country’s overall competitiveness. By investing in infrastructure, the government can create new economic opportunities, support the growth of existing industries, and attract foreign investment.
    • Creating employment opportunities: Capital expenditure creates employment opportunities in the short term through the construction of infrastructure projects and in the long term by supporting economic growth and promoting private sector investment.
    • Attracting private sector investment: The government’s emphasis on Capex can also help attract private sector investment by providing the necessary infrastructure and a favourable business environment.

    What are the concern over State capex?

    • Uneven capacity CAPEX: One general macro-economic challenge is to address this uneven inclination of states or capacity for capital expenditure, which adds uncertainty to the impact of an expansionary fiscal policy led by capex, thus weakening its potential benefits.
    • The ultimate aim of all CAPEX is to enhance the productive capacity of the economy: The nature of state capital expenditure drawn in is also vitally important. Ideally, the nature of state capital expenditure drawn in by central capital expenditure should be such that it dovetails with the latter to optimize long-term enhancements of economic capacity.
    • States have tendency to postpone capex: The Union budget for 2023-24 encourages states to make reforms in urban local bodies to become creditworthy for municipal bond issuance. However, states have a tendency to postpone capital expenditure until revenue streams firm up.

    Way ahead

    • States need to improve their execution capacity and establish an enabling regulatory environment to ensure quality and speed of expenditure.
    • The planning and budgeting cycle of states should also be aligned with fund releases to fully utilize resources within the available time.
    • States play a crucial role in capital expenditure and must not only budget more but also spend fully and uniformly throughout the year.

    Conclusion

    • States need to prioritize timely and efficient execution of capital expenditure and fully utilizing budgeted capital amounts uniformly throughout the year. The RBI report, while acknowledging that Indian states made higher capital outlays in 2022-23, notes that states would do well to mainstream capital planning rather than treating them as residuals and first stops for cutbacks in order to meet budgetary targets.

    Mains Question

    Q. What do you understand by Capital Expenditure (CAPEX)? Highlight the concerns over capex by the states and suggest a way ahead.

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