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Type: Bills/Act/Laws

  • Real Estate Industry

    RERA

    Bills/Act/Laws | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: RERA

    Mains level: Real Estate issues

    The Supreme Court has asked the Chief Secretaries of the States to respond to queries raised by the Centre on the implementation of rules framed under the Real Estate (Regulation and Development) (RERA) Act, 2016 in their respective jurisdictions.

    What is RERA, 2016?

    • The Real Estate (Regulation and Development) Act, 2016 seeks to protect home-buyers as well as help boost investments in the real estate industry.
    • It establishes a Real Estate Regulatory Authority- RERA in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution.
    • It was enacted under Entry 6 and 7 (dealing with contracts and the transfer of property) of the Concurrent List.
    • It is followed by the principle “buyer is the king and builders will have to ensure compliances to avoid punishment”.
    • Its main objective is to reduce delay in the work or timely delivery of the project without compromising the quality.

    Objectives of this Act

    It has the following objectives:

    • To protect the interest of the allottees and ensure their responsibility
    • To maintain transparency and reduce the chances of fraud
    • To implement Pan-India standardization and bring about professionalism
    • To enhance the flow of correct information between the home buyers and the sellers
    • To impose greater responsibilities on both the builders and the investors
    • To enhance the reliability of the sector and thereby increase confidence amongst the investors

    Key Provisions of RERA Act

    • Compulsory registration: According to the central act, every real estate project (where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed in any phase), must be registered with its respective state’s RERA.
    • Establishment of state level regulatory authorities: It provides for State governments to establish more than one regulatory authority such as RERA to:
    1. Register and maintain a database of real estate projects; publish it on its website for public viewing
    2. Protection of interest of promoters, buyers and real estate agents
    3. Development of sustainable and affordable housing
    4. Render advice to the government and ensuring compliance with its Regulations and the Act
    • Establishment of Real Estate Appellate Tribunal: Decisions of RERAs can be appealed in these tribunals.
    • Mandatory Registration: All projects with plot size of a minimum 500 sq.mt or eight apartments need to be registered with Regulatory Authorities.
    • Deposits: Developers needs to keep 70% of the money collected from a buyer in a temporary pass through account held by a third party (escrow account) to meet the construction cost of the project.
    • Liability of the developer: A developer’s liability to repair structural defects would be for 5 years.
    • Cap on Advance Payments: A promoter cannot accept more than 10% of the cost of the plot, apartment or building as an advance payment or an application fee from a person without first entering into an agreement for sale
    • Carpet Area over super built-up: Clearly defines Carpet Area as net usable floor area of flat. Buyers will be charged for the carpet area and not super built-up area.
    • Punishment for non-compliance: Imprisonment of up to three years for developers and up to one year in case of agents and buyers for violation of orders of Appellate Tribunals and Regulatory Authorities.

    Which projects can get RERA approval?

    • Commercial and residential projects including plotted development.
    • Projects measuring more than 500 sq mts or 8 units.
    • Projects without Completion Certificate, before the commencement of the Act.
    • The project is only for the purpose of renovation/repair / re-development which does not involve re-allotment and marketing, advertising, selling or new allotment of any apartments, plot or building in the real estate project, will not come under RERA.
    • Each phase is to be treated as standalone real estate project requiring fresh registration.

    Benefits offered by the RERA Act

    Industry

    Developer

    Buyer

    Agents
    • Governance and transparency
    • Project efficiency and robust project delivery
    • Standardization and quality
    • Enhance the confidence of investors
    • Attract higher investments and PE funding
    • Regulated Environment
    • Common and best practices
    • Increase efficiency
    • Consolidation of sector
    • Corporate branding
    • Higher investment
    • Increase in organized funding
    • Significant buyers protection
    • Quality products and timely delivery
    • Balanced agreements and treatment
    • Transparency – sale based on carpet area
    • Safety of money and transparency on utilization
    • Consolidation of the sector (due to mandatory state registration)
    • Increased transparency
    • Increased efficiency
    • Minimum litigation by adopting best practices

     

     

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  • Nuclear Diplomacy and Disarmament

    Amending the Weapons of Mass Destruction Act

    Bills/Act/LawsIOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: WMD Bill

    Mains level: WMD terrorism

    Recently the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was passed in the Lok Sabha.

    What is the WMD Bill?

    • The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
    • It is popularly referred to as the WMD Act.
    • The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
    • The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.

    What was the purpose of the original WMD Act?

    • Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies.
    • It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
    • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

    What is the UNSCR 1540?

    • In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
    • In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
    • Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
    • It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

    UNSCR 1540 enforced three primary obligations upon nation states —

    1. To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;
    2. To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;
    3. To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

    What has the Amendment added to the existing Act?

    • The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
    • To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
    • It also prohibits persons from making finances or related services available for other persons indulging in such activity.

    Why was this Amendment necessary?

    • India echoes these developments for having made the Amendment necessary.
    • Two specific gaps are being addressed-
    1. As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
    2. With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
    • These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
    • Therefore, the Amendment keeps pace with evolving threats.

    What more should India do?

    • India’s responsible behaviour and actions on non-proliferation are well recognised.
    • It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
    • This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
    • Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
    • It is also necessary that India keeps WMD security in international focus.

    Setting up a precedence

    • There is no room for complacency.
    • Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
    • India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

    Could the Amendment become troublesome to people on account of mistaken identity?

    • In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
    • The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.

    What is the international significance of these legislation?

    • Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
    • Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.

    Way forward

    • Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
    • India initially had reservations on enacting laws mandated by the UNSCR.
    • This is not seen by India as an appropriate body for making such a demand.
    • However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.

    Conclusion

    • It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
    • Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.

     

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  • Nuclear Diplomacy and Disarmament

    What are Weapons of Mass Destruction (WMD)?

    Bills/Act/Laws | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: WMD

    Mains level: Nuclear Non-Proliferation

    The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 has been unanimously passed in Lok Sabha.

    WMD Bill

    • The Bill seeks to amend The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.
    • It aims to provide against the financing of proliferation of weapons of mass destruction and their delivery systems in line with India’s international obligations.
    • The 2005 Act prohibited the manufacturing, transport, and transfer of weapons of mass destruction, and their means of delivery.

    Need for the Bill

    • In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organisations have expanded.
    • The UNSCs targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against financing of proliferation of WMD and their their delivery systems.

    Weapons of Mass Destruction

    • The expression “weapon of mass destruction” (WMD) is usually considered to have been used first by the leader of the Church of England, the Archbishop of Canterbury, in 1937.
    • They usually refer to the aerial bombing of civilians in the Basque town of Guernica by German and Italian fascists in support of General Franco during the Spanish Civil War.
    • The expression WMD entered the vocabularies of people and countries around the world in the early 2000s after the US under President George W Bush and the UK under PM Tony Blair justified the invasion of Iraq.
    • They invaded Iraq on the grounds that the government of Saddam Hussain was hiding these weapons in the country. However, no WMDs were ever found.

    What are NBC weapons?

    • While there is no single, authoritative definition of a WMD in international law, the expression is usually understood to cover nuclear, biological, and chemical (NBC) weapons.
    • WMD can be any nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.

    India’s 2005 WMD Act defines-

    1. “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
    2. “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.

    Control over use of WMDs

    • The use of chemical, biological, and nuclear weapons is regulated by a number of international treaties and agreements.
    • Among them are the Geneva Protocol, 1925, that banned the use of chemical and biological weapons; and the Biological Weapons Convention, 1972, and Chemical Weapons Convention, 1992, which put comprehensive bans on the biological and chemical weapons respectively.
    • India has signed and ratified both the 1972 and 1992 treaties.
    • There are very few non-signatory countries to these treaties, even though several countries have been accused of non-compliance.
    • The use and proliferation of nuclear weapons is regulated by treaties such as Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT).

    Back2Basics:

    Nuclear Security Contact Group

    • The NSCG was established in 2016.
    • The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
    • The Contact Group is tasked with:
    1. Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
    2. Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention

    Nuclear Suppliers Group

    • NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
    • The NSG was set up as a response to India’s nuclear tests conducted in 1974.
    • The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.

    Comprehensive Nuclear-Test-Ban Treaty

    • CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
    • The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
    • It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

    Fissile material cut-off treaty

    • FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
    • Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
    • The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
    • Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
    • An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).

     

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  • Promoting Science and Technology – Missions,Policies & Schemes

    Indian Antarctic Bill Introduced in Lok Sabha

    Bills/Act/Laws | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Antarctic Treaty

    Mains level: Indian Antarctic Bill, 2022

    The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.

    Indian Antarctic Bill, 2022

    Aims and objectives:

    • To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
    • To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
    • Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
    • To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
    • To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica

    Key feature: Committee on Antarctic governance

    • It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
    • The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
    • Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
    • The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.

    About Antarctica Treaty

    • Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
    • However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
    • In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
    • Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
    • Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
    • The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
    • Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.

    Need for the Antarctic Legislation

    • The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
    • These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.

    India at the Poles

    • India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
    • It has also launched 41 scientific expeditions every year thus far.
    • Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.

     

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  • Armed Forces (Special Powers) Act

    Areas under AFSPA regime reduced: Home Ministry

    Bills/Act/Laws | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: AFSPA

    Mains level: Issues over AFSPA disturbed areas

    The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.

    AFSPA: A Backgrounder

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

    Armed Forces (Special Powers) Act, 1958

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

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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  • Interstate River Water Dispute

    Dam Safety Act can end disputes, says Supreme Court

    Bills/Act/Laws | Governance | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Dam Safety Act

    Mains level: Resolution of Mullaperiyar Dam Row

    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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  • Police Reforms – SC directives, NPC, other committees reports

    Criminal Procedure (Identification) Bill, 2022

    Bills/Act/Laws | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Criminal Procedure (Identification) Bill, 2022

    Mains level: 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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  • Interstate River Water Dispute

    Dam Safety Bill, 2021 introduced in RS

    Bills/Act/Laws | Governance | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Features of the Dam Safety Bill

    Mains level: Dame Safety

    The Dam Safety Bill 2021 was moved in the Rajya Sabha but the debate could not be held because of disruptions from the Opposition parties.

    Dam Safety Bill, 2021

    • The Bill provides for surveillance, inspection, operation and maintenance of dams to prevent disasters, and institutional mechanisms to ensure safety.
    • It applies to over 5,000 dams across the country, many of which are currently in poor conditions.
    • It has been met with significant opposition, particularly from several states that claim the bill oversteps the Centre’s mandate.

    Which dams are covered?

    • All dams in India with a height above 15 metres come under the purview of the bill.
    • Dams between 10 to 15 metres of height are also covered but only if they meet certain other specifications in terms of design and structural conditions.

    National Committee on Dam Safety

    • The Bill provides for the constitution of a National Committee on Dam Safety (NCDS) which is to be chaired by the Central Water Commissioner (CWC).
    • The other members of the NCDS will be nominated by the Centre and will include up to 10 representatives of the Centre, 7 state government representatives, and 3 experts on dam safety.
    • The NCDS is to formulate policies for dam safety and to prevent dam failures.
    • In the event of a dam failure, the NCDS will analyse why the failure occurred, and suggest changes in dam safety practices to ensure there aren’t any repetitions.

    National Dam Safety Authority (NDSA)

    • The bill provides for the formation of a NDSA which will be responsible for implementing the policies of the NCDS, and will resolve issues between State Dam Safety Organisations (or SDSOs) and dam owners.
    • The NDSA will also specify regulations for the inspection of dams and will provide accreditation to the various agencies working on the structure of dams and their alteration.

    State Dam Safety Organisations (SDSOs)

    • The bill will also result in the establishment of SDSOs, and State Committees on Dam Safety (SCDSs).
    • The jurisdiction of the SDSOs will extend to all dams in that specific state.

    Cross jurisdictions

    • The NDSA will, in some cases, possess this jurisdiction, for example, if a dam owned by one state is situated in another or crosses multiple states, or if a dam is owned by a central public sector undertaking.
    • SDSOs will be in charge of scrutinizing dams under their jurisdiction and maintaining a database of the same.
    • The SCDS will review the work of the SDSO, and will also have to assess the impact of dam-related projects on upstream and downstream states.
    • The bill gives the Central government the power to amend the functions of any of the above bodies through a notification, whenever it is deemed necessary to do so.

    How does Bill change the functioning of dams?

    • If the bill is made into a law, then dam owners will have to provide a dam safety unit in each dam.
    • The dam safety unit will be required to inspect the dam before and after the monsoon session, and also during and after natural disasters such as earthquakes and floods.
    • The bill requires dam owners to prepare emergency action plans. Risk-assessment studies will also have to be undertaken by owners, regularly.
    • At specified, regular intervals, and in the event of either a modification to the dam’s structure or a natural event that may impact the structure, dam owners will have to produce a comprehensive safety evaluation by experts.

    Do you know?

    The point of contention are four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.

    Issues with bill

    • The primary objection to the bill is that is unconstitutional, as water is one of the items on the State List.
    • Tamil Nadu, which currently possesses four dams situated in Kerala, is opposed to the Bill as it would result in the four dams falling under the NDSA.
    • This will be doing away with Tamil Nadu’s rights over the maintenance of the dam.
    • The Bill states that the NCDS will be chaired by the Central Water Commissioner.
    • However the Supreme Court has ruled in the past that such a scenario is prohibited, as it involves the CWC, an advisor, functioning both as a regulator and the head of the NCDS.

     

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  • Civil Aviation Sector – CA Policy 2016, UDAN, Open Skies, etc.

    AERA Bill, 2021

    Bills/Act/Laws | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: AERA Act

    In the recent monsoon session, Parliament passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

    Key features of the AERA Bill, 2021

    • It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
    • The 2008 Act established the Airport Economic Regulatory Authority (AERA).
    • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.
    • The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
    • The central government may also designate any airport as a major airport by a notification.
    • The Bill adds that the central government may group airports and notify the group as a major airport.

    Why has the definition of a major airport been amended?

    • The Amendment has changed the definition of a major airport to include “a group of airports” after the words “any other airport”.
    • The government hopes the move will encourage the development of smaller airports and make bidding for airports with less passenger traffic attractive.
    • It plans to club profitable airports with non-profitable ones and offer them as a package for development in public-private partnership mode to expand connectivity.

    Was there a need to amend the AERA Act?

    • The Airports Authority of India (AAI) awarded six airports — Lucknow, Ahmedabad, Jaipur, Mangaluru, Thiruvananthapuram and Guwahati — for operations, management and development in public-private partnership mode in February 2019.
    • In 2020 too, the AAI has approved leasing of another six airports — Bhubaneswar, Varanasi, Amritsar, Raipur, Indore and Tiruchi.
    • The Ministry of Civil Aviation plans to club each of these airports with nearby smaller airports for joint development.
    • The move follows FM’s Budget Speech this year, in which she said the government planned to monetize airports in tier-2 and tier-3 cities.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Tribunals Reforms Bill, 2021

    Bills/Act/Laws | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tribunals Reforms Bill

    Mains level: Not Much

    The Lok Sabha has hastily passed the Tribunals Reforms Bill, 2021 without any debate.

    Highlights of the Tribunals Reforms Bill, 2021

    The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies:

    Transfer of functions of key appellate bodies as proposed under the Bill:

    Acts

    Appellate Body

    Proposed Entity
    The Cinematograph Act, 1952 Appellate Tribunal High Court
    The Trade Marks Act, 1999 Appellate Board High Court
    The Copyright Act, 1957 Appellate Board Commercial Court or the Commercial Division of a High Court*
    The Customs Act, 1962 Authority for Advance Rulings High Court
    The Patents Act, 1970 Appellate Board High Court
    The Airports Authority of India Act, 1994 Airport Appellate Tribunal
    • Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.
    • High Court, for appeals against orders of an eviction officer.
    The Control of National Highways (Land and Traffic) Act, 2002 Airport Appellate Tribunal Civil Court#
    The Geographical Indications of Goods (Registration and Protection) Act, 1999 Appellate Board High Court

     

    Amendments to the Finance Act, 2017:

    • The Finance Act, 2017 merged tribunals based on domain.
    • It also empowered the central government to notify rules on: (i) composition of search-cum-selection committees, (ii) qualifications of tribunal members, and (iii) their terms and conditions of service (such as their removal and salaries).
    • The Bill removes these provisions from the Finance Act, 2017.
    • Provisions on the composition of selection committees and term of office have been included in the Bill. Qualification of members and other terms and conditions of service will be notified by the central government.

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  • Civil Aviation Sector – CA Policy 2016, UDAN, Open Skies, etc.

    Draft Drone Rules, 2021

    Bills/Act/Laws | Governance | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Draft Drone Rules, 2021

    The Ministry of Civil Aviation has released Draft Drone Rules, 2021, for public consultation. The rules will replace the Unmanned Aircraft System Rules, 2021.

    Highlights of the Draft Drone Rules 2021

    Number of forms: The rules propose to reduce the number of forms required for manufacturing, importing, testing, certifying and operating drones in India from 25 to six.

    Abolishing authorization number: The draft seeks to abolish the unique authorisation number, unique prototype identification number, and certificate of conformance that were previously required for approval of drone flights.

    Digital Sky Platform: Digital Sky, a platform launched by the government in December 2018, will become a single-window system for all approvals under the newly proposed rules.

    Airspace map: An airspace map segregating the entire landmass of India into Green, Yellow and Red zones will be published on the platform within 30 days of notification of the new rules, the government said. The map will also be machine-readable through an Application Programming Interface (API) for easier plotting of drone flight paths.

    Airport Perimeter: The draft rules reduced the airport perimeter from 45 km to 12 km. The rules state that no flight permissions would be required to fly up to 400 feet in green zones and up to 200 feet in the area between 8 and 12 km from the airport perimeter.

    Drone corridors: The government will also publish a policy framework for Unmanned Aircraft System Traffic Management (UTM) within 60 days of notifying the rules. This will also include frameworks for developing “drone corridors” for the safe transfer of goods by drones.

    Drone Promotion Council: The Rules also propose the setting up of a Drone Promotion Council, with the aim of facilitating a business-friendly regulatory regime for drones in India, the establishment of incubators for developing drone technologies and organizing competitive events to showcase drones and counter-drone solutions.

    Others: To implement safety features such as “no permission, no take-off”, real-time tracking and geofencing, drone manufacturers, importers and operators will get six months’ time to comply from the date of notification of the rules.

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  • Human Rights Issues

    Draft Anti-trafficking Bill 2021

    Bills/Act/Laws | Polity | Mains Paper 1: Population & Associated Issues

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Draft Anti-trafficking Bill 2021

    The Ministry of Women and Child Welfare has invited suggestions and comments for its Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 which it has released.

    A re-attempted legislation

    • A previous draft had been introduced in 2018 and had been passed by Lok Sabha despite stiff opposition from both parliamentarians as well as experts.
    • It was later never introduced in Rajya Sabha.
    • Experts say that nearly all the concerns raised in 2018 have been addressed in this new draft Bill.

    Draft Anti-trafficking Bill 2021

    The Bill has increased the scope of the nature of offences of trafficking as well as the kind of victims of these offences, with stringent penalties including life imprisonment, and even the death penalty in cases of an extreme nature.

    Types of offenders

    • The scope of the Bill vis offenders will also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.

    Penalty

    • In most cases of child trafficking, especially in the case of the trafficking of more than one child, the penalty is now life imprisonment.
    • While the penalty will hold a minimum of seven years which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh.
    • In certain cases, even the death penalty can be sought.

    Definition of exploitation

    • Exploitation has been defined to include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation including pornography.
    • It also includes any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs, illegal clinical drug trials or illegal bio-medical research.

    Victims covered

    • The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking.
    • It also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.

    Investigation Agency

    • The National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for the prevention and combating of trafficking in persons.

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  • Censorship Issues – Censor Board, Banning films, etc

    What govt proposes to change in film certification

    Bills/Act/Laws | Governance | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Censorship of movies

    The Centre has recently released the draft Cinematograph (Amendment) Bill 2021 to the general public for comments.

    Cinematograph (Amendment) Bill 2021

    • The new draft proposes to amend the Cinematograph Act of 1952 with some provisions.
    • It seeks to give the Centre “revisionary powers” and enable it to “re-examine” films already cleared by the Central Board of Film Certification (CBFC).

    A look at what the draft proposes to change:

    (a) Revision of certification

    • This will equip the Centre with revisionary powers on account of violation of Section 5B(1) (principles for guidance in certifying films).
    • The current Act, in Section 6, already equips the Centre to call for records of proceedings in relation to a film’s certification.
    • The Ministry of I&B explained that the proposed revision “means that the Central Government, if the situation so warranted, has the power to reverse the decision of the Board”.
    • Currently, because of a judgment by the Karnataka High Court, which was upheld by the Supreme Court in November 2020, the Centre cannot use its revisionary powers on films that have already been granted a certificate by the CBFC.

    Issues

    • The draft comes shortly after the abolition of the Film Certificate Appellate Tribunal, which was the last point of appeal for filmmakers against the certificate granted to their film.
    • The draft has been criticized by filmmakers and term it a “super censor”.

    (b) Age-based certification

    • The draft proposes to introduce age-based categorisation and classification. Currently, films are certified into three categories — ‘U’ for unrestricted public exhibition; ‘U/A’ that requires parental guidance for children under 12; and ‘A’ for adult films.
    • The new draft proposes to divide the categories into further age-based groups: U/A 7+, U/A 13+ and U/A 16+.
    • This proposed age classification for films echoes the new IT rules for streaming platforms.

    (c) Provision against piracy

    • The Ministry noted that at present, there are no enabling provisions to check film piracy in the Cinematograph Act, 1952.
    • The draft proposes to add Section 6AA that will prohibit unauthorized recording.
    • The proposed section states, no person shall, without the written authorization of the author, be permitted to make an audio-visual recording device.
    • Violation shall be punishable with imprisonment for a term of not less than three months and may extend to three years and with a fine which shall not be less than Rs 3 lakh which may extend to 5 per cent of the audited gross production cost or with both.

    (d) Eternal certificate

    • The draft proposes to certify films for perpetuity.
    • Currently, a certificate issued by the CBFC is valid only for 10 years.

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  • Important Judgements In News

    Enforcing COVID-19 rules is State’s responsibility: ECI

    Bills/Act/Laws | Polity | Mains Paper 2: Constitutional Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Disaster Management Act

    Mains level: Paper 2- Powers of Election Commission

    What prompted ECI to give clarification

    • In its oral observations, the Madras High Court blamed the ECI for the second wave of COVID-19 in Tamil Nadu and Puducherry.
    • The Madras High Court said the ECI was unable to ensure political parties followed the rules while campaigning for the Assembly elections.

    What the ECI said

    • The ECI said that the enforcement under the 2005 Act has to be ensured by the SDMA [State Disaster Management Authority] concerned and notified authorities under the Act.
    • The Commission has always emphasised that the State authorities shall ensure COVID-19 compliance in the matter of public gatherings, etc. for campaign purposes.
    • At no occasion, the Commission takes over the task of SDMA for enforcement of COVID-19 instructions.

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  • J&K – The issues around the state

    Task force in J&K under Article 311 to act against govt staff without probe

    Bills/Act/Laws | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Article 311

    Mains level: Paper 2- Article 311 (2) C

    Why the task force

    • The Jammu and Kashmir administration has set up a Special Task Force (STF) to initiate action against government employees suspected of activities against security of the State.
    • The order has been passed under provisions of Article 311(2) (C) of the Constitution.
    • The STF would be headed by the J&K Additional Director General of Police, CID, and include Inspectors General of Police, Kashmir and Jammu, a representative of Law, Justice and Parliamentary Affairs, and a representative of the department the employee belongs to.

    What are the provisions under Article 311 (2) C

    • Article 311(2) says no government employee shall be dismissed or removed or “reduced in rank” except after an inquiry.
    • However, its sub-section C says this clause will not apply “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry”.

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  • Coal and Mining Sector

    Mines and Minerals (Development and Regulation) Amendment Bill, 2021

    Bills/Act/Laws | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: MMDR Amendment Bill, 2021

    Mains level: Mining sector reforms

    The coal and Mines Minister has introduced the Mines and Minerals (Development and Regulation) Amendment Bill, 2021 in Lok Sabha to streamline the renewal of the auction process for minerals and coal mining rights.

    MMDR Amendment Bill, 2021

    The Bill seeks to amend the Mines and Minerals (Development and Regulation) Act, 1957.  The Act regulates the mining sector in India.

    (1) Removal of restriction on end-use of minerals

    • The Act empowers the central government to reserve any mine (other than coal, lignite, and atomic minerals) to be leased through an auction for a particular end-use (such as iron ore mine for a steel plant).
    • Such mines are known as captive mines.  The Bill provides that no mine will be reserved for particular end-use.

    (2) Sale of minerals by captive mines  

    • The Bill provides that captive mines (other than atomic minerals) may sell up to 50% of their annual mineral production in the open market after meeting their own needs.
    • The central government may increase this threshold through a notification.  The lessee will have to pay additional charges for mineral sold in the open market.

    (3) Auction by the central government in certain cases

    • Under the Act, states conduct the auction of mineral concessions (other than coal, lignite, and atomic minerals).
    • Mineral concessions include mining lease and prospecting license-cum-mining lease.
    • The Bill empowers the central government to specify a time period for completion of the auction process in consultation with the state government.
    • If the state government is unable to complete the auction process within this period, the auctions may be conducted by the central government.

    (4) Transfer of statutory clearances

    • Upon expiry of a mining lease (other than coal, lignite, and atomic minerals), mines are leased to new persons through auction.
    • The statutory clearances issued to the previous lessee are transferred to the new lessee for a period of two years.
    • The new lessee is required to obtain fresh clearances within these two years.
    • The Bill replaces this provision and instead provides that transferred statutory clearances will be valid throughout the lease period of the new lessee.

    (5) Allocation of mines with expired leases

    • The Bill adds that mines (other than coal, lignite, and atomic minerals), whose lease has expired, may be allocated to a government company in certain cases.
    • This will be applicable if the auction process for granting a new lease has not been completed, or the new lease has been terminated within a year of the auction.
    • The state government may grant a lease for such a mine to a government company for a period of up to 10 years or until the selection of a new lessee, whichever is earlier.

    (6) Rights of certain existing concession holders

    • In 2015, the Act was amended to provide that mines will be leased through an auction process.
    • Existing concession holders and applicants have been provided with certain rights.
    • The Bill provides that the right to obtain a prospecting license or a mining lease will lapse on the date of commencement of the 2021 Amendment Act.
    • Such persons will be reimbursed for any expenditure incurred towards reconnaissance or prospecting operations.

    (7) Extension of leases to government companies

    • The Act provides that the period of mining leases granted to government companies will be prescribed by the central government.
    • The Bill provides that the period of mining leases of government companies (other than leases granted through auction) may be extended on payment of additional amount prescribed in the Bill.

    (8) Conditions for lapse of mining lease

    • The Act provides that a mining lease will lapse if the lessee: (i) is not able to start mining operations within two years of the grant of a lease, or (ii) has discontinued mining operations for a period of two years.
    • However, the lease will not lapse at the end of this period if a concession is provided by the state government upon an application by the lessee.
    • The Bill adds that the threshold period for lapse of the lease may be extended by the state government only once and up to one year.

    (9) Non-exclusive reconnaissance permit

    • The Act provides for a non-exclusive reconnaissance permit (for minerals other than coal, lignite, and atomic minerals).
    • Reconnaissance means preliminary prospecting of a mineral through certain surveys.
    • The Bill removes the provision for this permit.

    Why such a move?

    • The move would likely lead to greater transparency in the auction process.
    • There is a perception that states governments may in some cases prefer some bidders, and try to delay or cancel mining rights if their preferred bidders do not win mining rights.

    Could the amendment face legal challenges?

    • The amendment, if passed, was likely to face legal challenges particularly from state governments.
    • If an act is passed in which any state government’s discretionary power is taken away or their rights or benefits are infringed, it is likely to be challenged in the Supreme Court.

    (With inputs from PRS)

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  • Port Infrastructure and Shipping Industry – Sagarmala Project, SDC, CEZ, etc.

    Major Port Authorities Bill, 2020

    Bills/Act/Laws | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Various ports in India

    Mains level: Corporatization of ports

    Rajya Sabha has passed the Major Ports Authorities Bill 2020 with 88 votes for and 44 against it. The Bill was passed in Lok Sabha in September last year.

    Major Ports Authorities Bill 2020: Major: Highlights

    • The Bill provides for the regulation of major ports and will replace the Major Port Trusts Act of 1963, and a board of Major Port Authority for each major port will replace the current port trusts.
    • The Bill will apply to the major ports of Chennai, Cochin, Jawaharlal Nehru Port, Kandla, Kolkata, Mumbai, New Mangalore, Mormugao, Paradip, VO Chidambaranar and Vishakhapatnam.

    Boards to replace trusts

    • Under the 1963 Act, all major ports are managed by the respective Board of Port Trusts that have members appointed by the central government.
    • The Bill provides for the creation of a Board of Major Port Authority for each major port.
    • These Boards will replace the existing Port Trusts.
    • It will have a member each from the state governments, the Railways Ministry, the defence ministry, and the customs department.
    • The Bill allows the Board to use its property, assets and funds as deemed fit for the development of the major port.

    Board has financial powers

    • Under the 1963 Act, the Board had to seek the prior sanction of the Centre to raise any loan.
    • Under the new Bill, to meet its capital and working expenditure requirements, the Board may raise loans from any scheduled bank or financial institution within India, or any financial institution outside India.
    • However, for loans above 50% of its capital reserves, the Board will require prior sanction of the central government.

    The board will fix rates

    • At present, the Tariff Authority for Major Ports fixes the scale of rates for assets and services available at ports.
    • Under the bill, which now awaits President’s accent to become a law, the Board or committees appointed by the Board will determine these rates for services that will be performed at ports.
    • The services would include the access to and usage of the port assets, and different classes of goods and vessels, among others.

    Punishments

    • Under the 1963 Act, there are various penalties for contravening provisions of the Act.
    • The penalty for setting up any structures on the harbours without permission, for example, may extend up to Rs 10,000, and the penalty for evading rates may extend up to 10 times the rates.
    • Under the new Bill, any person contravening any provision of the Bill or any rules or regulations will be punished with a fine of up to Rs one lakh.

    Opposition criticism

    • Opposition parties had opposed the legislation terming it the move to privatize ports.
    • They said that this Bill is nothing but a retraction of the Singapore model.
    • When there were hue and cry that there cannot be the privatization of ports, it adopted a policy of so-called corporatization. Thereafter, it ultimately privatized its ports.
    • So, corporatization is the first step. The next in the offing is privatization said the opposition.

    What did the govt. say?

    • The government has brought in a provision that will allow ports to take their own decisions. To change tariffs, the ports have to now approach the ministry.
    • The port sector in the last six years has doubled the profit. Profit has increased, liabilities have come down. For modernization, 300 projects are ongoing.
    • This Bill is not to privatize any port, but it is to ensure that our ports can properly compete with private ports.

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  • Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

    Centre’s new labour codes to allow 4-day work per week

    Bills/Act/Laws | Governance | Mains Paper 2: Government Scheme/Policies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Various labour laws

    Mains level: 4-day work and its benefits

    The Centre under its new labour codes would soon provide an option for organisations to allow their employees to work for four days in a week.

    What is the news?

    • The proposed new labour codes could provide companies with the flexibility of four working days in a week.

    What does this mean?

    • The working hour’s limit of 48 hours for a week will remain unchanged.
    • This implies that there will be long working hours if the working days are reduced.
    • Having a reduced number of working days does not mean a cut in paid holidays.
    • Therefore, when the new rules will provide the flexibility of four working days, it would imply three paid holidays.

    Roll out of the proposal

    • The Ministry of Labour and Employment is likely to complete the process to finalise the rules for four labour codes soon.
    • The provision of flexibility to have reduced working days of four days in the labour code rules will mean that companies will not require prior government nod to enact it.

    Why such a move?

    • The well-being of employees improves with less workload. Working parents can spare more time for the childcare.
    • It helps the economy and the environment since power and fuel consumption is reduced.

    Ahead of Labour reforms

    • The ministry is in the final phase of amalgamating 44 central labour laws into four broad codes.
    • The four Codes include- Code on Wages, Industrial Relations, Occupational Safety, Health and Working Conditions (OSH) and Social Security Codes.

     

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  • Back in news: DNA Bill, 2019

    Bills/Act/Laws | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Details of the bill

    Mains level: DNA profiling and privacy concerns

    Noted Parliamentarians have filed a dissent to the Parliamentary Standing Committee’s report on DNA Technology (Use and Application) Regulation Bill 2019.

    Q. A statutory protection for private data is necessary for the enforcement of DNA Technology (Use and Application) Regulation Bill, 2019. Critically analyse.

    What is the news?

    • The finalized Draft Report recognizes the potential dangers of indexing the DNA profiles of non- convicts, especially convicts and suspects, it has still retained these objectionable provisions.
    • These MPs have claimed that the Bill does not take into account public concerns over privacy violations and targets Dalit, Muslims and Adivasis by way of DNA sample collection.
    • The fear is that the law could be used for caste or community-based profiling.

    Other issues

    • The bill would not be a panacea to the problems of an inadequate criminal justice system, the MPs stressed.
    • He flagged the example of the United Kingdom, where the number of crimes solved by DNA evidence had been reducing even though the number of profiles in the system was going up.

    DNA Technology (Use and Application) Regulation Bill, 2019

    • The primary intended purpose for the enactment of the bill is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.
    • The utility of DNA based technologies for solving crimes, and identifying missing persons, is well recognized across the world.
    • Other aims include Speedier justice delivery and an Increased conviction rate.
    • Bill’s provisions will enable the cross-matching between persons reported missing and unidentified dead bodies found in various parts of the country, and also for establishing the identity of victims in mass disasters.
    • By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.
    • The Bill has two major components: the DNA databanks and the DNA Regulatory Board.

    Criticisms of the Bill

    Matter of Consent

    • Written consent is required from everyone for their DNA samples to be collected, processed, and included in the database except for those who have committed crimes with a punishment of 7+ years or death.
    • However, similarly, specific instruction is missing for the collection of DNA samples for civil matters.
    • Such matters include parentage disputes, emigration or immigration, and transplantation of human organs.
    • The Bill also doesn’t state that the consent has to be voluntary.

    Civil Disputes

    • It is not clear if DNA samples collected to resolve civil disputes will also be stored in the databank (regional or national), although there is no index specific for the same.
    • If they will be stored, then the problem cascades because the Bill also does not provide for information, consent, and appeals.
    • If a person’s DNA data has entered the databank, there is no process specified by which they can have it removed.
    • All of these issues together could violate the right to privacy.

    The authenticity of DNA Labs

    • There’s also the question of whether the DNA labs accredited by the Regulatory Board are allowed to store copies of the samples they analyze.
    • And if so, how the owners of those samples can ensure the data is safe or needs to be removed from their own indices.
    • It’s unclear if the Regulatory Board will oversee other tests performed at the accredited labs.
    • This could become necessary because, unlike one’s biometric data or PAN number, the human genome contains lots of information about every individual.

    Overreaching access to identity

    • So a test undertaken to ascertain a person’s identity by analyzing her DNA will in the process also reveal a lot of other things about that person, including information about their ancestry i.e. information that the individual has a right to keep private.
    • The Bill does not specify which parts of an individual’s DNA can be analyzed to ascertain their identity.
    • The more parts are subjected to analysis, the more conclusively a person’s identity can be established.
    • But this can’t be used as a license to parse more than is necessary because then the DNA lab is also likely to reveal more information than it has the right to seek.

    The way forward: Data protection

    • The bill can become oppressive without a robust data protection law.
    • Statutory protection for private data is critical because it provides a mechanism for enforcement of rights, grievance redressal, and independent oversight.
    • When the data being collected is as sensitive as DNA, it requires additional protection.

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  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    Redefining essential items: why it was needed, and who it will impact

    Bills/Act/Laws | Agriculture | Mains Paper 3: PDS, Buffer Stock & Food Security

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Essential Commodities

    Mains level: Essential Commodities (Amendment) Bill, 2020

    Recently, the Rajya Sabha passed the Essential Commodities (Amendment) Bill, 2020 which is aimed at deregulating commodities such as cereals, pulses, oilseeds, edible oils, onion and potatoes.

    Try this question:

    What are the salient features of Essential Commodities (Amendment) Bill, 2020?

    Essential Commodities (Amendment) Bill, 2020

    • It amends the Essential Commodities Act, 1955, by introducing a new Subsection 1(A) in Section 3.
    • After the amendment, the supply of certain foodstuffs — including cereals, pulses, oilseeds, edible oils, potato — can be regulated only under extraordinary circumstances, which include an extraordinary price rise, war, famine, and natural calamity of a severe nature.
    • In effect, the amendment takes these items out from the purview of Section 3(1), which gives powers to the central government to “control production, supply, distribution, etc, of essential commodities”.
    • Earlier, these commodities were not mentioned under Section 3(1) and reasons for invoking the section were not specified.

    How is an ‘essential commodity’ defined?

    • There is no specific definition of essential commodities in the Essential Commodities Act, 1955. Section 2(A) states that an “essential commodity” means a commodity specified in the Schedule of the Act.
    • The Act gives powers to the central government to add or remove a commodity in the Schedule.
    • The Centre, if it is satisfied that it is necessary to do so in the public interest, can notify an item as essential, in consultation with state governments.

    Which are those commodities?

    • According to the Ministry of Consumer Affairs, Food and Public Distribution, which implements the Act, the Schedule at present contain seven commodities.
    • They are drugs; fertilizers, whether inorganic, organic or mixed; foodstuffs including edible oils; hank yarn made wholly from cotton; petroleum and petroleum products; raw jute and jute textiles; seeds of food-crops and seeds of fruits and vegetables, seeds of cattle fodder, jute seed, cottonseed.
    • By declaring a commodity as essential, the government can control the production, supply, and distribution of that commodity, and impose a stock limit.

    Under what circumstances can the government impose stock limits?

    • While the 1955 Act did not provide a clear framework to impose stock limits, the amended Act provides for a price trigger.
    • It says that agricultural foodstuffs can only be regulated under extraordinary circumstances such as war, famine, extraordinary price rise, and natural calamity.
    • However, any action on imposing stock limits will be based on the price trigger.
    • Thus, in case of horticultural produce, a 100% increase in the retail price of a commodity over the immediately preceding 12 months or over the average retail price of the last five years, whichever is lower, will be the trigger for invoking the stock limit.
    • For non-perishable agricultural foodstuffs, the price trigger will be a 50% increase in the retail price of the commodity over the immediately preceding 12 months or over the average retail price of the last five years, whichever is lower.

    Why was the need for this felt?

    • The 1955 Act was legislated at a time when the country was facing a scarcity of foodstuffs due to persistently low levels of foodgrains production.
    • The country was dependent on imports and assistance (such as wheat import from the US under PL-480) to feed the population.
    • To prevent hoarding and black marketing of foodstuffs, the Essential Commodities Act was enacted in 1955. But now the situation has changed.
    • The production of wheat has increased 10 times while the production of rice has increased more than four times since five decades.
    • The production of pulses has increased 2.5 times, from 10 million tonnes to 25 million tonnes. In fact, India has now become an exporter of several agricultural products.

    What will be the impact of the amendments?

    • The key changes seek to free agricultural markets from the limitations imposed by permits and mandis that were originally designed for an era of scarcity.
    • The move is expected to attract private investment in the value chain of commodities removed from the list of essentials, such as cereals, pulses, oilseeds, edible oils, onions and potatoes.
    • While the purpose of the Act was originally to check illegal trade practices such as hoarding, it has now become a hurdle for investment in the agriculture sector in general, and in post-harvesting activities in particular.
    • The private sector had so far hesitated about investing in cold chains and storage facilities for perishable items as most of these commodities were under the ambit of the EC Act.
    • The amendment seeks to address such concerns.

    Why is it being opposed?

    • This was one of the three ordinances/Bills that have seen protests from farmers in parts of the country.
    • The Opposition says the amendment will hurt farmers and consumers, and will only benefit hoarders.
    • They say the price triggers envisioned in the Bill are unrealistic — so high that they will hardly ever be invoked.

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