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Subject: Governance

Important aspects of Society

  • Human Migration: Reasons & Impact

    Context

    Repeated surveys have found that the incomes of migrant households continue to be lower than pre-pandemic levels, even after returning to cities.

    Lack of policy for migrants

    • In the wake of a nationwide lockdown, India was left shocked by the plight of migrant workers walking hundreds of kilometres.
    • They became the focus of large-scale relief efforts by governments and civil society alike.
    • The Government ramped up the One Nation One Ration Card (ONORC) project, announced the Affordable Rental Housing Complexes (ARHC) scheme, set up the e-Shram portal and began to draft a migration policy.
    •  Despite this, a cohesive migration policy guidance remains elusive.
    • Contribution of migrant workers: Today, a third of the nation’s workforce is mobile.
    • Migrants fuel critical sectors such as manufacturing, construction, hospitality, logistics and commercial agriculture.
    • Despite clear economic and humanitarian reasoning to bring migrants back into the policy discourse, the current policy scenario is at best fragmented and at worst waning.

    Structural constraints

    1] Politicisation of issue and fragmented policy response

    •  Migration is a highly politicised phenomenon in India.
    • ‘Destination States’ experience a tension between economic needs, which require migrant labour, and political needs, which promote nativist policies that impose domicile restrictions on employment and social security.
    • On the flip side, the ‘sending States’ are highly motivated to serve their “own people” because they vote in their source villages.
    • This fragmented policy response to internal migration follows from State-specific calculations.
    • Development policy in India has bet big on rural development as an antidote to migration.
    • This widespread ‘sedentary bias’ continues to influence policy even though migration is an important pathway for impoverished marginalised rural households to find economic security (and social emancipation).

    2] Categorisation challenge

    • Migrants are a perennially fuzzy category in policy discourse, located inside two larger categories: the unorganised worker and the urban poor.
    • Even the e-Shram portal, which has made impressive progress in registering unorganised workers, has been unable to accurately distinguish and target migrants.
    • Policy interventions in major urban destinations continue to conflate the urban poor with low-income migrants.
    • Hence, slum development continues as the primary medium for alleviating migrant concerns, while in reality, most migrants live on worksites that are entirely out of the policy gaze.

    3] Gaps in the data

    • Migration policy discourse is seemingly paralysed by the now well-acknowledged failure of official datasets to capture the actual scale and the frequency of internal migration in India.
    •  Data systems designed to periodically record only one spatial location have posed great challenges to welfare delivery for up to 500 million people who are part of multi-locational migrant households.
    • The novel coronavirus pandemic has placed a sharp focus on problems such as educating and vaccinating those children who accompany their migrant parents, or ensuring that migrant women avail maternity benefits at multiple locations.

    Way forward: Strategic policy guidance by Centre and a platform for inter-State coordination

    • Policy in India often emerges from the ground up, taking decades to cement into national law and standard practice.
    • We have seen this in education and food security.
    • State’s initiatives: In migration too, many States have initiated data projects that can track migrants and generate dynamic real-time data that aid welfare delivery.
    • Maharashtra’s Migration Tracking System (MTS), Chhattisgarh’s State Migrant Workers Policy is premised on registering migrant workers at source and tracking them through phone-based outreach systems.
    • Multisectoral approach: There is further need for multisectoral approaches underpinned by a strategic convergence across government departments and initiatives.
    • Odisha’s Planning and Convergence Department, which offers an institutional mechanism for inter-departmental coordination, is one possible model.
    • Important role of the Centre:  State-level political economy constraints make the Centre’s role particularly crucial in addressing issues of inter-State migrant workers at ‘destination States’.
    • The NITI Aayog’s Draft Policy on Migrant Workers is a positive step forward.

    Conclusion

    Strategic initiatives to provide migrants safety nets regardless of location as well as bolster their ability to migrate safely and affordably must keep up the momentum toward migrant-supportive policy.

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  • 13 new districts created in Andhra Pradesh

    Andhra Pradesh has got a new map with the creation of 13 new districts, taking the number of total districts in the state to 26.

    What are Districts?

    • India’s districts are local administrative units inherited from the British Raj.
    • They generally form the tier of local government immediately below that of India’s subnational states and territories.
    • A district is headed by a Deputy Commissioner/ Collector, who is responsible for the overall administration and the maintenance of law and order.
    • The district collector may belong to IAS (Indian Administrative Service).
    • Districts are most frequently further sub-divided into smaller administrative units, called either tehsils or talukas or mandals, depending on the region.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to Majuli district for “administrative expediency”.

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

     

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  • It’s time to repeal AFSPA

    Context

    The Centre on Thursday significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.

    Background of AFSPA

    • AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur.
    • The counterinsurgency campaigns against the Nagas were counterproductive.
    • In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.

    Provision under AFSPA, 1958

    • AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers.
    • Sweeping powers to armed forces: Once a state — or a part of a state — is declared “disturbed” under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians.
    • Approval of central government for legal action: Legal action against those abusing these powers requires the prior approval of the central government — a feature that functions as de facto immunity from prosecution.

    Issues with AFSPA

    • Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.
    • In 2012, a petition was filed in the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012.
    • Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition.
    • Its interim judgment of July 2016 said that “there is some truth in the allegations, calling for a deeper probe”.
    • In the court’s view, AFSPA clearly provided the context for these killings.

    Demand for changes and repeal

    • When the Supreme Court pronounced AFSPA constitutional in 1997, it also recommended some changes.
    • Among them was the stipulation that a “disturbed area” designation be subjected to review every six months.
    • In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times.
    • In 2004, the then central government set up a five-member committee under former Supreme Court Justice Jeevan Reddy, which submitted its report in 2005 recommending the repeal of AFSPA, calling it “highly undesirable”, and saying it had become a symbol of oppression.
    • Subsequently, the Second Administrative Reforms Commission, headed by Veeerapa Moily, endorsed these recommendations.

    Conclusion

    One must welcome the government’s announcement to reduce the number of such areas. But not to consider the repeal of this law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.

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  • Building faith in India’s investigative agencies

    Context

    The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.

    Police and investigation agencies need social legitimacy

    • The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
    • Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
    • The CBI possessed immense trust of the public in its initial phase.
    • But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
    • The need of the hour is to reclaim social legitimacy and public trust.

    Issues affecting the system and causing delay in trial

    • Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
    • Then there are certain issues that lead to delays in trials.
    • They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.

    Way forward

    • Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
    • Reform of the police system is long overdue in our country.
    • The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”. 
    • Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
    • Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
    • Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
    • This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
    • Such a law will also lead to much-needed legislative oversight.
    • Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
    • Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
    • Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
    • The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
    • Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
    • Often, women feel deterred in reporting certain offences due to a lack of representation.
    • Relations with community: Relations between the community and police also need to be fixed.
    • This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.

    Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”

    Conclusion

    It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.

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  • What is a Look Out Notice?

    Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.

    Look out notice: What is it, when is it issued?

    • An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
    • It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
    • In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
    • The subject of an LOC can challenge the circular and get relief from a court.

    Who can issue an LOC?

    • An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
    • Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
    • In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
    • So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
    • An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.

    Does an LOC lead to arrest?

    • Not necessarily. LOCs can be of several types.
    • They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
    • The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.

    Back2Basics: Directorate of Enforcement (ED)

    • ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
    • It is part of the Department of Revenue of the Ministry of Finance.
    • It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
    • The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
    • The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)

     

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  • Dam Safety Act can end disputes, says Supreme Court

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • Old Pension Scheme vs New Pension Scheme

    Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).

    What is the Defined Pension Benefit Scheme (old)?

    • The scheme assures life-long income, post-retirement.
    • Usually the assured amount is equivalent to 50% of the last drawn salary.
    • The Government bears the expenditure incurred on the pension.
    • The scheme was discontinued in 2004.

    What is the National Pension System (NPS)?

    • The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
    • The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
    • On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.

    Features of NPS

    • It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
    • The funds are invested in earmarked investment schemes through Pension Fund Managers.
    • At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
    • It can have two components — Tier I and II.
    • Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
    • Private individuals can opt for the scheme.

    What were the changes introduced in 2019?

    • In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
    • The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.

    Who is the regulatory authority?

    • The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
    • PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.

    What is the subscriber base?

    • As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.

    Why in news now?

    • In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
    • The announcement meant that the National Pension System (NPS) would be discontinued in the State.
    • The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.

    Cons of NPS

    • Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
    • Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
    • No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
    • Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
    • No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.

    Try this PYQ:

    Q.Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only

    (b) Persons of age from 21 to 55 only

    (c) All-State Government employees joining the services after the date of notification by the respective State Governments

    (d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004

     

    [wpdiscuz-feedback id=”2nr2jt9g7y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Common University Entrance Test

    Context

    UGC introduced the Common University Entrance Test (CUET) for admissions in undergraduate courses in 45 central universities in the country.

    Benefits of Common University Entrance Test (CUET)

    • Deals with the issue of uneven quality of different boards: In a country like ours, because of the uneven quality of different school boards, there is a huge trust deficit and suspicion about the academic quality of even the “toppers”.
    • Eliminate the need for multiple exams: Furthermore, this centralised test would free the tension-ridden youngsters from the pressure of writing multiple entrance tests in different colleges/universities.
    • Eliminate the inflated cut-off: Likewise, the supremacy of the CUET score/ranking in the selection process would invariably eliminate inflated cut-offs for admissions in “branded” colleges.
    • It would avoid subjective biases, cherish objectivity, and quantify and measure one’s mental aptitude and domain knowledge in a specific discipline.

    Issues with the CUET

    • 1] Impact on true learning: the dominant structure of education prevalent in the country is essentially book-centric and exam-oriented.
    • Either rote learning or strategic learning (a gift of coaching centres) is its essence; and far from learning and unlearning with joy, wonder and creativity, young students become strategists or exam-warriors.
    • In the coming years, schools are going to lose their relevance as students and parents are likely to rely primarily on gigantic coaching centres and fancy Ed Tech companies.
    • 2] No scope for subjective interpretation:  The MCQ-centric “objective” tests diminishes what every genuine learner needs — creative exploration, interpretative understanding and self-reflexivity.
    • In the name of “objective” tests, our students are deprived of the hermeneutic art of interpretation and skill of argumentation and compelled to reduce everything into an “objective” fact, we would do great damage to their creativity.

    Conclusion

    For real transformation, we have to see beyond the CUET, work on the quality of schools and creatively nuanced life-affirming pedagogy; and we must think of honest and fair recruitment of spirited teachers, and relative autonomy of academic institutions.

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  • Criminal Procedure (Identification) Bill, 2022

    The bill that would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans, was introduced in the Lok Sabha.

    Criminal Procedure (Identification) Bill

    • It authorises law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons for the purposes of identification and investigation in criminal matters.
    • It seeks to repeal the Identification of Prisoners Act 1920 which provided for the collection of only fingerprints and footprints.
    • The said Act, in its present form, provides access to a limited category of persons whose body measurements can be taken.
    • As per the Bill, any state government OR Union Territory administration may notify an appropriate agency to collect, preserve and share the measurements of a person of interest in their respective jurisdictions.

    Why need such law?

    • The world has undergone technological and scientific changes, crime and its trend have increased.
    • Advanced countries across the globe are relying on new “measurement” techniques for reliable results.
    • It was felt necessary to expand the “ambit of persons” whose measurements can be taken as this will help investigating agencies gather sufficient legally admissible evidence and establish the crime of the accused person.
    • The Bill will not only help our investigation agencies but also increase prosecution.
    • There is also a chance of an increase in conviction rates in courts through this.

    Key features of the Bill

    The Bill seeks to:

    • Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
    • Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
    • Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
    • Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
    • Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

    Notable feature: Maintenance of Record

    • The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
    • The record of these measurements will be retained in digital or electronic form for a period of seventy-five years from the date of collection.
    • The court or Magistrate, for reasons to be recorded in writing, can direct agencies to maintain the records.
    • The records are to be destroyed in the case of any person who has not been previously convicted of an offence punishable under any law with imprisonment for any term.

    Refusal to Comply

    • Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC);
    • No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder;
    • Central government or state government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act;
    • Manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

    Issues with the Bill

    • Un-constitutionality: The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination.
    • Violation of Article 21: The Bill also seeks to apply these provisions to persons held under any preventive detention law.
    • Legislative competence of Centre: The Bill was beyond the legislative competence of Parliament as it violated fundamental rights of citizens, including the right to privacy.
    • Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.
    • Lack of clarity: Several provisions are not defined in the Bill itself.. For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
    • Other: While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

     

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  • How does the CBI take up cases?

    The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.

    About CBI

    • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    Cases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    How does the CBI take up cases?

    • Unlike the NIA, CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime.
    • In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis.
    • For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.
    • In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

    Can the CBI decline to take up a case for investigation?

    • After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency.
    • If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up.
    • In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is overburdened.

    What is the CBI’s workload currently?

    • According to the latest Annual Report of the Central Vigilance Commission, the CBI registered 608 FIRs in 2019 and 589 FIRs in 2020.
    • In 2020, a total 86 cases related to demands for bribes by public servants for showing favour, and 30 cases for possession of disproportionate assets were registered.
    • Out of 676 cases in the year (including FIRs and Preliminary Enquiries), 107 cases were taken up on the directions of constitutional courts and 39 on requests from state governments/ Union Territories.
    • Also, there are over 1,300 vacancies in the CBI.

    What is the CBI’s progress on cases?

    • At the end of 2020, the CBI had 1,117 cases (both FIRs and PEs) pending investigation. In 2019, this number stood at 1,239.
    • During 2020, investigation was finalised in 693 FIRs and 105 PEs.
    • The conviction rate during the year was 69.83% against 69.19% in 2019.
    • At the end of 2020, 9,757 cases were pending in various courts.
    • The conviction rate in corruption cases was slightly lower at 67% in 2020.
    • Almost 2,000 corruption cases are pending trial for more than 10 years.

    What is the role of state consent in an investigation by the CBI?

    • Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI.
    • Opposition-ruled states have alleged the CBI has become its master’s voice, and has been unfairly targeting opposition politicians.
    • Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government.
    • CBI has claimed that this has tied its hands.

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