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Type: Explained

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

    Analyzing labor on a warming planet

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Ensuring safety and health at work in a changing climate report

    Mains level: The ILO has identified six key impacts of climate change

    Why in the News?

    The International Labour Organization’s (ILO) latest report, ‘Ensuring safety and health at work in a changing climate’, is an urgent call to ensure the future of labour is climate proofed and to address the constantly evolving work environment as the planet warms.

    What are the Emerging Hazards? (The ILO has identified six key impacts of climate change)

    • Solar Ultraviolet Radiation: Increased exposure to solar ultraviolet radiation due to climate change can have adverse effects on outdoor workers, potentially leading to skin damage and cancer.
    • Extreme Weather Events: Climate change is contributing to the frequency and intensity of extreme weather events such as hurricanes, floods, and wildfires, which pose significant risks to workers in various sectors.
    • Workplace Air Pollution: Climate change can exacerbate air pollution in workplaces, particularly in industrial settings, leading to respiratory illnesses and other health problems among workers.
    • Vector-Borne Diseases: Changing climate patterns can influence the distribution and prevalence of vector-borne diseases such as malaria, dengue fever, and Zika virus, posing risks to workers in affected regions.
    • Agrochemicals: Agricultural workers may face increased exposure to agrochemicals due to changes in pest and disease patterns resulting from climate change, potentially leading to health issues such as pesticide poisoning.
    • Gig Economy Workers: The rise of gig employment, particularly in heat-susceptible sectors such as transportation and delivery services, exposes workers to additional risks related to heat stress and other climate-related hazards.

    Most affected Sectors of the Economy:

    • Agriculture: Despite a decline in the proportion of the workforce engaged in agriculture over the past few decades, it remains the most heat-susceptible sector, particularly in the developing world like India.
      • The NSSO data of July 2018-June 2019 reveal that almost 90% of Indian farmers own less than two hectares of land, and earn an average monthly income of a little over ₹10,000
    • Micro, Small, and Medium Enterprises (MSMEs): India’s vast MSME sector, employing over 123 million workers, contributes significantly to the country’s economy. However, the sector’s informalization poses challenges in ensuring worker safety and health.
      • Lack of oversight by state Occupational Safety and Health (OSH) departments makes workers highly vulnerable to heat hazards, despite the sector’s substantial contribution to exports and manufacturing output.
    • Building and Construction: With approximately 70 million workers, the construction sector in India faces the urban heat island effect, especially in rapidly growing cities. Workers in this sector are exposed to physical injuries and health hazards such as asthma due to air pollution, as many Indian cities rank among the most polluted globally as per World Air Quality Report 2023 by IQAir.

    About Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020): 

    • This is a comprehensive law, enacted in September 2020.
    • It consolidates and amends more than 13 central laws related to workplace safety, including the Factories Act, 1948, the Workmen Compensation Act, 1923, the Building and Other Construction Workers Act, 1996, the Plantations Labour Act, 1951, the Mines Act, 1952, and the Inter-State Migrant Workmen Act, 1979.
    • However, the enforcement of this law is yet to be officially notified by the Union government.

     

    Way forward:

    • Enhanced Regulations and Enforcement: Implement and enforce the Occupational Safety, Health, and Working Conditions Code, 2020 to ensure comprehensive protection for workers across all sectors. This includes setting clear standards for workplace safety, regular inspections, and penalties for non-compliance.
    • Heat Stress Management: Implement measures to manage heat stress in workplaces, especially in heat-susceptible sectors like agriculture and construction. This can include providing access to shaded rest areas, increasing hydration facilities, adjusting work schedules to avoid peak heat hours.
    • Healthcare Access: Ensure access to healthcare services for workers, including regular health check-ups and treatment for heat-related illnesses and other occupational health issues. This may involve setting up medical facilities near worksites or providing transportation to nearby healthcare facilities.

    Mains PYQ 

    Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)

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  • Animal Husbandry, Dairy & Fisheries Sector – Pashudhan Sanjivani, E- Pashudhan Haat, etc

    An Animal Protection Bill that must be moved in June

    Explained | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Issues in PCA 1960

    Why in the News? 

    Presently, Croatia has imposed stricter penalties for acts of cruelty, especially the abandonment of domestic pets. Countries across the world are reforming their animal cruelty laws and enhancing punishments for animal cruelty.

    On punishment theories:

    • Inadequacies in the PCA Act (1960): The Prevention of Cruelty to Animals Act (PCA Act) is the primary legislation criminalizing various forms of cruelty towards animals in India.
    • Failure to Achieve Objectives: Despite being in place for several decades, the PCA Act has failed to achieve its main objective of preventing cruelty to animals effectively.

    Theories of punishment suggest that punishment serves three main goals:

    • Retribution: Retribution refers to punishment imposed to avenge the crime committed.In the context of animal cruelty, retribution could involve imposing punishment on perpetrators to seek justice for the harm inflicted on animals.
    • Deterrence: It aims to prevent future crimes by imposing punishment that dissuades both the perpetrator and the general public from engaging in similar behavior.
    • Reformation or Rehabilitation: It focuses on reforming the behavior of the perpetrator to prevent future offenses.

    Issues in PCA 1960 : 

    • Bail and Non-Cognisable Offences: Many offences under the PCA Act are bailable and non-cognisable, allowing accused individuals to seek bail easily and preventing immediate police action without court permission. This delays justice and hampers effective enforcement.
    • Inadequate Fines: The fines prescribed under the PCA Act have remained unchanged for over 130 years, rendering them insignificant and failing to act as a deterrent against animal cruelty. In many cases, fines are as low as ₹10, which does not reflect the seriousness of the offenses.
    • Discretionary Sentencing: The law grants courts discretion to choose between imposing imprisonment or a fine on offenders, even for severe cases of animal cruelty. This leniency allows perpetrators to evade appropriate punishment, undermining the deterrent effect of the law.
    • Lack of Rehabilitation Measures: The PCA Act lacks provisions for alternative forms of punishment such as community service, which could help reform perpetrators and address the root causes of animal cruelty.

    Steps taken by Government:

    • In November 2022, the Draft PCA (Amendment) Bill, 2022 was published by the Department of Animal Husbandry and Dairying for public comments. Despite widespread public support for the Draft Bill, it was not tabled in Parliament.
    • The Draft Bill includes significant amendments to the 1960 Act such as the inclusion of the five fundamental freedoms for animals, enhancement of the punishments and the amounts of money to be paid as fines for various offences, and addition of new cognisable offences.

    Way forward 

    • Legislative Reforms: Need to table the Draft PCA (Amendment) Bill, 2022 in Parliament for consideration and enactment.Enhance penalties and fines for animal cruelty to reflect the seriousness of the offenses and act as a deterrent.
    • Promotion of Public Awareness: Launch campaigns and awareness programs to educate the public about animal welfare and the consequences of cruelty.

    Mains PYQ 

    Q Discuss the significance of the lion and bull figures in Indian mythology, art and architecture. (UPSC IAS/2022)

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  • Government Budgets

    Budgets and Bills passed with little deliberation

    Explained | | Mains Paper 2: Parliament & State Legislatures

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Public Accounts Committee

    Mains level: Key points related to report on the performance of State legislatures in India in 2023

    Why in the news? 

    • Madhya Pradesh passed 85% of its Budget without discussion in 2023 followed by Kerala and Jharkhand.
    • These observations are based on repot of PRS Legislative Research’s Annual Review of State Laws 2023.The report analyses the performance of State legislatures in various key functions.

    BACK2BASICS: 

    What is Public Accounts Committee (PAC)? 

    • The inception of the Public Accounts Committee dates back to 1921 following its initial reference in the Government of India Act, 1919, commonly known as the Montford Reforms.
    • Currently, the formation of the Public Accounts Committee is an annual occurrence as per Rule 308 of the Rules of Procedure and Conduct of Business in the Lok Sabha.
    • The primary objective of the Public Accounts Committee (PAC) is to examine and scrutinize the government’s financial transactions and expenditures to ensure transparency, accountability, and proper utilization of public funds.

     

    Key points related to report on the performance of State legislatures in India in 2023:

    • Budget Passing Without Discussion: Nearly 40% of the ₹18.5 lakh crore budget presented by 10 States was passed without discussion. In some States like Madhya Pradesh, Kerala, Jharkhand, and West Bengal, a significant portion of the budget was passed without debate.
    • Public Accounts Committee (PAC) Inactivity: In five States, including Bihar, Delhi, Goa, Maharashtra, and Odisha, the PAC did not table any reports in 2023. Maharashtra’s PAC neither met nor released a report during the year.
    • Fast-Track Passage of Bills: A significant number of bills were passed quickly with minimal debate, with 44% passed either on the same day they were introduced or the next day. This trend was consistent with previous years, indicating a pattern of swift legislative activity.
    • Promulgation of Ordinances: 84 ordinances were promulgated in 20 States, covering various subjects such as new universities, public examinations, and ownership of apartments. Uttar Pradesh, Andhra Pradesh, and Maharashtra accounted for the highest number of ordinances.
    • Regional Disparities: There were regional disparities in legislative activity, with states like Tamil Nadu and Himachal Pradesh tabling a significant number of PAC reports, while others like Maharashtra and Bihar saw inactivity. Similarly, some states passed bills quickly, while others took more time for deliberation.

    Negative implication

    • Lack of Transparency: Budgets being passed without discussion indicate a lack of transparency and accountability in the budgetary process, potentially leading to decisions being made without proper scrutiny or public input.
    • Ineffective Oversight: The inactivity of Public Accounts Committees (PACs) in some states suggests a failure of oversight mechanisms, undermining the scrutiny of government expenditure and accountability for public funds.
    • Quality of  Legislation: The fast-track passage of bills with minimal debate raises concerns about the quality of legislation and the thoroughness of deliberation, potentially resulting in hastily drafted or poorly scrutinized laws.
    • Overuse of Ordinances: The high number of ordinances promulgated signifies a reliance on executive orders to bypass the legislative process, which can undermine democratic principles and the role of the legislature in lawmaking.

    Way forward 

    • Enhancing Transparency and Accountability: Mandate thorough discussions and debates on budgets before passage to ensure transparency and accountability in financial decision-making.Establish mechanisms for public participation and input in the budgetary process to increase transparency and foster citizen engagement.
    • Reforming Oversight Mechanisms: Strengthen the functioning of Public Accounts Committees (PACs) by ensuring regular meetings and timely submission of reports.Empower PACs with adequate resources, authority, and independence to effectively scrutinize government expenditure and promote accountability.

    Mains PYQ 

    Q Discuss the role of Public Accounts Committee in establishing accountability of the government to the people. (UPSC IAS/2017) 

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  • Electoral Reforms In India

    EC’s Model Code of Conduct (MCC) Need Reforms

    Explained | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Model Code of Conduct (MCC)

    Mains level: features and concerns related MCC

    Why in the news?

    The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.

    Model Code of Conduct (MCC)

    • Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
    • Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
    • In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
    • The MCC is not legally binding as it is not a statutory document enacted by Parliament.
    • While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
    • Violators of these laws will face appropriate punishment.

    Evolution of MCC:

    • Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
    • Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
    • Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
    • Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
    • Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.

    Features of MCC: 

    • Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
    • Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
    • Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
    • Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
    • List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.

    Issues related to MCC: 

    • The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
    • Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
    • Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
    • Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
    • The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
    • Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.

    Way Forward

    • Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines. 
    • Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
    • Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.

    Mains PYQ:

    Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. [2017]

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  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    [PREMIUM] Views on inflation: A matter of interest

    Explained | Economics | Mains Paper 3: Indian Economy

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: CPI and WPI

    Mains level: Challenges and measures related to inflation

    Why in the News? 

    AAZData released showed that Retail Inflation had edged marginally upward last month.

    What is Inflation?

    • Inflation, as per the definition provided by the International Monetary Fund, represents the pace at which prices rise within a specified timeframe, covering a comprehensive assessment of general price escalations or those about particular goods and services. To measure the inflation there are different types of inflation index.
    • An Inflation Index is a statistical measure used to track changes in the overall price level of goods and services in an economy over a specific period. It quantifies the rate of inflation by comparing the current prices of a selected basket of goods and services to their prices in a base period.

    In India, there are primarily two types of inflation indices used to measure price changes:

    • Consumer Price Index (CPI): The CPI measures changes in the prices paid by urban and rural consumers for a basket of goods and services. It provides insights into inflation experienced by households and is divided into various sub-indices based on categories such as food, fuel, clothing, housing, transportation, medical care, recreation, and education. The Government of India releases multiple CPI indices, including:
    1. CPI for Industrial Workers (CPI-IW)
    2. CPI for Agricultural Labourers (CPI-AL)
    3. CPI for Rural Labourers (CPI-RL)
    4. CPI for Urban Non-Manual Employees (CPI-UNME)
    5. CPI for Rural (CPI-R)
    6. CPI for Urban (CPI-U)
    • Wholesale Price Index (WPI): The WPI tracks changes in the prices of goods at the wholesale level. It includes the prices of commodities traded in bulk such as agricultural products, minerals, crude oil, manufactured products, and electricity. The Office of the Economic Adviser, under the Department for Promotion of Industry and Internal Trade (DPIIT), releases the WPI every month.

    What is Retail Inflation? 

    • Retail inflation, also known as Consumer Price Index (CPI) inflation, tracks the change in retail prices of goods and services that households purchase for their daily consumption. CPI is calculated for a fixed basket of goods and services that may or may not be altered by the government from time to time.
    • How it is Calculated?
      • A representative basket of goods and services is selected to represent the typical consumption patterns of households
      • The cost of the basket of goods and services is calculated for a base period.
      • The CPI is calculated by dividing the cost of the basket in the current period by the cost of the basket in the base period and multiplying by 100.
      • The inflation rate is calculated by comparing the CPI of the current period with the CPI of the base period.

    Key points as per AAZData released by the National Statistical Office:

    • Retail Inflation Data: The National Statistical Office reported that retail inflation in India increased marginally, rising to 5.69% in December from 5.55% in November, primarily driven by higher food inflation
    • Cause of inflation: RBI Governor Shaktikanta Das had anticipated the rise in inflation due to risks in food prices, cautioning about potential second-round effects
    • Food Inflation: The Consumer Food Price Index surged to 9.53% in December, up from 8.7% in November, with notable inflation in cereals, vegetables, pulses, sugar, and spices
    • Industrial Production: The index of industrial production slowed to 2.4% in November, partly due to the base effect, with a 6.4% increase in industrial output for the first eight months of the year (April-November)
    • Monetary Policy Committee (MPC) Actions: The MPC maintained the status quo on rates and stance in the last meeting, focusing on withdrawing accommodation to align inflation with the target of 4%
    • Future Monetary Policy: There are discussions within the MPC about the necessity of an interest rate cut to prevent excessive real interest rates, especially as inflation is projected to moderate in the coming quarters

    Way Forward

    • Monetary Policy Adjustment: The Reserve Bank of India (RBI) could consider implementing a cautious monetary policy stance, possibly by tightening monetary policy through measures such as raising the repo rate. This would help curb inflationary pressures by reducing liquidity in the economy and making borrowing more expensive.
    • Supply-Side Interventions: The government could focus on addressing supply-side constraints in the agricultural sector to mitigate food price inflation. This might involve measures such as improving infrastructure, increasing agricultural productivity, reducing post-harvest losses, and enhancing market efficiency through better distribution networks.
    • Fiscal Policy Support: The government could also provide fiscal support to sectors facing supply-side disruptions or demand constraints, which could help stabilize prices and support economic growth. Targeted fiscal measures, such as subsidies for essential commodities or infrastructure investments, could be considered to address specific challenges contributing to inflation.

    Mains PYQ 

    Q Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the poor and the underprivileged sections of the society. Discuss. (UPSC IAS/2022)

    Q Do you agree with the view that steady GDP growth and low inflation have left the Indian economy in good shape? Give reasons in support of your arguments. (UPSC IAS/2019)

    Prelims PYQ 

    Consider the following statements:(UPSC IAS/2020)

    1) The weightage of food in Consumer Price Index (CPI) is higher than that in Wholesale Price Index (WPI).

    2) The WPI does not capture changes in the prices of services, which CPI does.

    3) Reserve Bank of India has now adopted WPI as its key measure of inflation and to decide on changing the key policy rates.

    Which of the statements give above is/are correct?

    a) 1 and 2 only

    b) 2 only

    c) 3 only

    d) 1, 2 and 3

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  • Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

    Implementing the Street Vendors Act

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

    Mains level: Challenges related to Act implementation

    Why in the News? 

    The Street Vendors Act was celebrated as a progressive legislation, but the law now faces numerous challenges in its implementation.

    The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014:

    Details
    Introduction and Objective
    • Introduced in Lok Sabha on 6 September 2012 by Kumari Selja, Union Minister of Housing and Urban Poverty Alleviation.
    • Objective: Regulate street vendors and protect their livelihoods.
    Enactment and Implementation
    • Came into force on 1 May 2014.
    • Aims to legalize vending rights and establish mechanisms for protection and regulation.
    • State-level rules and schemes are developed for execution.
    Roles and Responsibilities
    • Delineates roles of street vendors and government.
    • Commits to accommodating existing vendors in vending zones and issuing vending certificates.
    Participatory Governance
    • Establishes Town Vending Committees (TVCs).
    • Representation: 40% of TVC members, with 33% for women SVs.
    • TVCs tasked with including all existing vendors in zones.
    Grievance Redressal
    • Mechanisms for addressing grievances and
    • Establishes Grievance Redressal Committee chaired by civil judge or judicial magistrate.
    Survey and Identification States/ULBs conduct surveys to identify vendors at least once every five years.
    Certificate of Vending
    • Granted to vendors above 14 years.
    • Can be transferred to family members.
    • Can be cancelled

    Significance of street vendors 

    • Role of Street Vendors: Street vendors constitute about 2.5% of any city’s population and play multifaceted roles in city life, providing essential services, modest income for migrants and the urban poor, and affordable goods for others.
    • Integral to Urban Life: Street vendors are essential for maintaining affordability and accessibility to food, nutrition, and goods distribution, and they are integral to the cultural fabric of cities like Mumbai and Chennai.

    Challenges faced during the implementation:

    • Administrative Challenges: Increase in harassment and evictions of street vendors despite the Act’s emphasis on protection and regulation.Outdated bureaucratic mindset viewing vendors as illegal entities.
      • Lack of awareness and sensitization about the Act among state authorities, the public, and vendors.
      • Limited influence of street vendor representatives in Town Vending Committees (TVCs), often remaining under the control of local city authorities.Tokenistic representation of women vendors in TVCs.
    • Governance Challenges: Weak existing urban governance mechanisms.
      • Lack of integration of the Act with the framework established by the 74th Constitutional Amendment Act for urban governance.
      • Insufficient powers and capacities of ULBs.
      • Focus on top-down policies like the Smart Cities Mission on infrastructure development, ignoring provisions for the inclusion of street vendors in city planning.
    • Societal Challenges: The prevailing image of the ‘world-class city’ tends to be exclusionary.Marginalization and stigmatization of street vendors as obstacles to urban development rather than legitimate contributors to the urban economy.
      • Reflection of these challenges in city designs, urban policies, and public perceptions of neighborhoods.

    Way forward 

    • Decentralization of Interventions: There’s a need to decentralize interventions and enhance the capacities of Urban Local Bodies (ULBs) to plan for street vending in cities.
    • Shift from Department-led Actions to Deliberative Processes: Moving away from high-handed department-led actions towards actual deliberative processes at the Town Vending Committee (TVC) level is crucial.
    • Amendments to Urban Schemes and Policies: Urban schemes, city planning guidelines, and policies need to be amended to include provisions for street vending.
    • Need-based Welfare Provisions: Broad welfare provisions of the Act should be used creatively to meet the emerging needs of street vendors, such as addressing the impact of climate change, competition from e-commerce, and reduced incomes.
    • Adaptation in National Urban Livelihood Mission: The sub-component of street vendors in the National Urban Livelihood Mission should acknowledge changed realities and facilitate innovative measures to address needs.

    Mains PYQ

    Q To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots?

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  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    Constitution and the Redistribution of wealth

    Explained | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: FR and DPSP

    Mains level: Current debate surrounding economic policies and inequality in India due to shift from Socialistic to Market-Driven Economy

    Why in the news? 

    The debate surrounding the redistribution of wealth has piqued interest during the ongoing election campaigns.

    What does the Constitution provide?

    • Preamble to the Constitution: It outlines the objectives of the Constitution, including securing social, and economic justice, liberty, and equality for all citizens.
    • Part III and IV:  These are principles that the central and State governments should follow to achieve social and economic justice in our country. Unlike the fundamental rights in Part III, the DPSP is not enforceable in court.
    •  Article 39(b) and 39 (c): Article 39(b) emphasizes the distribution of ownership and control of material resources to serve the common good. Article 39(c) aims to prevent the concentration of wealth in a manner detrimental to the common good.

    The history of the ‘Right to Property’ in the Indian Constitution:

    • Original Guarantee: The Constitution initially guaranteed the right to property as a fundamental right under Article 19(1)(f). It provided that individuals have the right to acquire, hold, and dispose of property.
    • Compensation Requirement: Article 31 of the Constitution mandated that the state must provide compensation in case of the acquisition of private property for public purposes.
    • Land Reforms and Public Welfare: The government, facing challenges such as land reforms and the need for public infrastructure development, found the original provisions restrictive due to inadequate resources. This led to amendments aimed at providing more flexibility in acquiring land for public welfare.
    • Constitutional Amendments: Notable amendments such as Articles 31A, 31B, and 31C were introduced to curtail the right to property and facilitate land acquisition for public welfare projects.
    • Judicial Interpretation of Constitution ammendment: The Supreme Court interpreted the relationship between fundamental rights and Directive Principles of State Policy (DPSP) in various cases. In the Golak Nath case (1967), the Court held that fundamental rights cannot be diluted to implement DPSP. However, in the Kesavananda Bharati case (1973), the Court upheld the validity of Article 31C, subject to judicial review.
    • Harmonious Balance: In the Minerva Mills case (1980), the Supreme Court emphasized the need for a harmonious balance between fundamental rights and DPSP in the Constitution.
    • 44th Amendment Act: In 1978, the property right was removed as a fundamental right through the 44th Amendment Act, making it a constitutional right under Article 300A. This aimed to reduce excessive litigation and protect public welfare projects.

    Impacts due to the shift from a Socialistic to a Market-Driven Economy:

    • Impact of Economic Policies: The socialistic policies of the early decades after independence focused on land reforms, nationalization of industries, high taxation rates, and regulations on private enterprise. These policies aimed to reduce inequality and redistribute wealth but were criticized for stifling growth and leading to inefficiencies.
    • Changes in Taxation: Over the years, there have been significant changes in taxation policies, including the abolition of estate duty in 1985 and wealth tax in 2016. Income tax rates were also reduced considerably, reflecting a shift towards a more business-friendly environment.
    • Growing Inequality: Despite economic growth, there has been a growing concern about inequality. Reports, such as the one by the World Inequality Lab, highlight the widening wealth and income gap, with a significant portion of the wealth concentrated among the top 10% of the population.
    • Opposition Criticism: The ruling party and its supporters have criticized the Opposition, alleging that their proposed measures, such as the reintroduction of inheritance tax, would burden even the poorer sections of society.
    • Legal Interpretation: The Supreme Court’s involvement in the debate is highlighted by its decision to constitute a nine-judge Bench to interpret whether Article 39(b) of the Constitution, which pertains to the distribution of material resources for the common good, includes private resources.
    • Central Question of the debate: The central question in the current debate revolves around the balance between economic policies that promote growth and efficiency versus those aimed at reducing inequality and ensuring social justice.

    Way forward: 

    • Inclusive Growth: While promoting innovation and growth, it’s essential to ensure that the benefits are distributed equitably across all sections of society, especially the marginalized. Policies should aim for inclusive growth where the benefits reach those who need them the most.
    • Debate and Adaptation: Economic policies should be framed after adequate debate and consideration, taking into account current economic models and global best practices. There should be a continuous process of adaptation and refinement to address emerging challenges and opportunities.
    • Empowerment of Marginalized: Special attention should be given to empowering marginalized communities through targeted interventions such as education, skill development, access to resources, and opportunities for economic participation.

    Mains PYQ: 

    Q Critically discuss the objectives of Bhoodan and Gramdan movements initiated by Acharya Vinoba Bhave and their success. (UPSC IAS/2013)

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

    The need for the use of labour statistics

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Trade union

    Mains level: Issues related to labour statistics

    Why in the news? 

    Trade unions can play a pivotal role in producing labour statistics

    Issues related to labour statistics

    • Lack of Rigorous Labour Statistics: Labour statistics are not as robust as economic and industrial data. While institutions like the Annual Survey of Industries (ASI) and the National Sample Survey Office (NSSO) provide valuable information.
    • Voluntary Reporting of Work Stoppages: Data collection on work stoppages relies on voluntary reporting, which may lead to underreporting or incomplete information. This lack of comprehensive data on strikes and other work stoppages affects the accuracy and reliability of labour statistics.
    • Limited Use of Evidence in Social Dialogue:Lack of evidence-based arguments in these dialogues undermines their effectiveness, leading to a perception of the ILC as a mere “talking shop.”
    • Class-Based Opinions without Data Support: Stakeholders often advocate for labour reforms based on “class-based opinions” rather than credible data or empirical evidence.

    The role of trade unions in producing labour statistics:

    • Data Collection on Labour Inspection: Trade unions can gather information and statistics on labour inspection practices, including the number of sanctioned and employed inspectors, inspection frequency, and coverage. This data can highlight deficiencies in inspection systems and advocate for their strengthening.
    • Monitoring Retrenchment and Closure Applications: Trade unions can track retrenchment and closure applications submitted to labour departments, along with permissions granted or refused. This data can provide insights into the prevalence of denials and the impact of labour regulations on job security.
    • Analysis of Strikes and Lockouts: Trade unions can utilize data on strikes and lockouts published by agencies like the Labour Bureau to analyze trends and patterns. This analysis can inform discussions on labour laws and industrial relations, challenging the need for harsher clauses on strikes.
    • Evidence-based arguments: Trade unions can use objective data and empirical studies to contest labour reforms in policy debates. By presenting evidence-based arguments, trade unions can influence decision-making processes and advocate for policies that promote workers’ rights and well-being.

    Conclusion:  

    Implement more robust and standardized data collection methods for labour statistics to ensure accuracy and consistency across different sources. This may involve leveraging technology, such as digital reporting systems, to streamline data collection processes.

    Mains PYQ 

    Q Account for the failure of manufacturing sector in achieving the goal of labour-intensive exports. Suggest measures for more labour-intensive rather than capital-intensive exports.

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Chunk of India’s forests ‘missing’ after 27-year-delay to file reports | Analysis

    Explained | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Unclassed forests;

    Mains level: Forest coverage in India; Issues related to identification and protection of unclassed forests;

    Why in the news?

    SC ordered MoEFCC to upload State Expert Committee reports on unclassed forests due to concerns over the Forest (Conservation) Act Amendment 2023 constitutionality, impacting protection and potential diversion of these forests.

    What are unclassed forests?

    • Unclassed forests, also known as deemed forests, are forest areas that may belong to various entities such as government bodies (forests, revenue departments, railways), communities, or private owners. However, these forest areas have not been officially notified as forests.
    • The State Expert Committees (SECs) were tasked with identifying all such unclassed forests across the country (referring to Forest Working Plans and Land Revenue Records).
    • Additionally, SECs were required to physically identify any land patches that exhibit characteristics of forests, as per the dictionary meaning of forests, irrespective of their ownership status.

    What are the present issues?

    1. The missing forests in SECs 
    • Undermined the previous judgment: MoEFCC informed a Parliamentary Committee that SECs had identified unclassed forests, aligning with the proposed Forest (Conservation) Act Amendment, despite earlier criticism that the law undermined the Godavarman judgment.
      • However, an RTI application revealed that MoEFCC claimed not to have the SEC reports, raising questions about its assurance to the Parliamentary Committee.
    • Lack of verified data: Following a Supreme Court order, MoEFCC uploaded the SEC reports, but they showed a lack of verifiable data on the identification, status, and location of unclassed forests.
    • States not constituted SECs: Seven states and Union Territories, including Goa, Haryana, and Tamil Nadu, hadn’t constituted SECs, while others hadn’t fully complied with Supreme Court directives.
    • Non-traceable Forest: Ladakh formed an SEC only after the dissolution of Jammu & Kashmir, and Puducherry’s report was declared “not traceable”, further highlighting inconsistencies in the process.
    1. Disagreement with FSI data 
    • Insufficient timeline: Many states argue that the one-month timeline provided by the Supreme Court was insufficient for comprehensive work due to the voluminous nature of the task.
    • Relied on Existing data: Instead of conducting ground-truthing, physical cadastral surveys, and demarcation of unclassed forest lands, most states relied on existing data from forest and revenue departments. Some states, like Manipur and Sikkim, simply quoted figures from the Forest Survey of India (FSI).
    • Question on Data: The reliability of data is questioned, with Haryana’s report lacking clarity on data sources and creation dates. Only nine states provided the extent of unclassed forests, while others focused on different types of forest areas specified in the order.
    1. Lack of clarity in the Reports:
    • Failed to specify the geographic locations: Most states and UTs failed to specify the geographic locations of forests in their SEC reports, rendering the information provided largely unhelpful for accurate identification and protection.
      • But Tripura was an exception, providing Khaitan numbers for forest areas beyond those officially recorded, but the classification of land remained unclear.
    • Lack of on-ground verification: SEC is lagging that on-ground verification may have led to the widespread destruction of forests that should have been identified and protected nearly three decades ago.
      • Instances like Kerala’s SEC excluding ecologically significant areas like Pallivasal unreserve and Chinnakanal unreserve, critical for wildlife corridors and conservation, showcase the lack of diligence in identifying and protecting vital forest areas.

    Suggested Measures:

    • Extended Timeline: Provide states with a more realistic timeline to conduct comprehensive surveys and data verification, considering the voluminous nature of the task and the need for accuracy.
    • Ground Truthing and Surveys: Mandate states to conduct ground-truthing, physical cadastral surveys, and demarcation of unclassed forest lands to ensure accurate identification and mapping of forest areas.
    • Data Verification: Implement mechanisms for verifying and cross-referencing data obtained from various sources, such as forest and revenue departments and the Forest Survey of India, to ensure reliability and consistency.

    Main PYQ: 

    Q Examine the status of forest resources of India and its resultant impact on climate change.(UPSC IAS/2020)

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  • Animal Husbandry, Dairy & Fisheries Sector – Pashudhan Sanjivani, E- Pashudhan Haat, etc

    The poultry industry needs urgent reforms

    Explained | Agriculture | Mains Paper 3: Economics Of Animal-Rearing

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: H5N1 Virus

    Mains level: Scale of spreading H5N1 virus

    Why in the news?

    The current outbreak of H5N1 was a disaster waiting to happen, as experts have been sounding alarm bells on the unsafe conditions at industrial livestock production for more than 10 years now.

    Scale of spreading H5N1 virus:

    • Global Spread of H5N1 in humans: The H5N1 virus has spread globally, affecting various species including humans, polar bears in the Arctic, and seals and seagulls in Antarctica.
    • In India Spread of H5N1 in humans:  The first H5N1 patient was reported in Maharashtra in 2006. An outbreak in December 2020 and early 2021 spread across 15 States
    • Human Fatality Rate: As per WHO, the fatality rate for H5N1 among humans is estimated at 52%, with 463 deaths recorded since 2003 out of 888 diagnosed cases.
    • Transmission from Birds and Contaminated Environments: Almost all human infections with H5N1 are linked to close contact with infected birds or contaminated environments, emphasizing the importance of biosecurity measures.
    • Spread in other species: This pathogen has crossed many species barriers, causing mortality among the polar bears in the Arctic and seals and seagulls in Antarctica.

    Causes for the spread of H5N1 (avian influenza or bird flu) infection:

    • Contact with infected birds: Humans can contract H5N1 if they come into direct contact with the body fluids, such as saliva, respiratory droplets, or feces, of infected birds.
    • Poultry Trade and Movement: The transportation and trade of infected poultry, poultry products, and crowded live poultry markets provide an environment for the virus to spread between birds and potentially to humans.
    • Antibiotic Resistance: The 269th Law Commission of India Report in 2017 highlighted evidence from the Tata Memorial Centre regarding the use of non-therapeutic antibiotics in poultry farming, leading to antibiotic resistance due to unhygienic living conditions.
    • Environmental Factors: Factors like proximity to bodies of water, reduced rainfall, and presence near major highways have been associated with increased risk of H5N1 outbreaks. These environmental conditions may facilitate the spread of the virus.

    Regulation: The Central Pollution Control Board (CPCB) has classified poultry units with more than 5,000 birds as a polluting industry that requires compliance and regulatory consent to establish and operate.

    Way Forward:

    • Draft Rules for Welfare: The Law Commission 269th recommended a set of draft rules for the welfare of chickens in the meat and egg industries, aligning with existing laws and international best practices for animal care, waste management, and antibiotic use.
    • Weaknesses in Draft Rules: The Draft Rules for the egg industry released by the Ministry of Agriculture and Farmers’ Welfare in 2019 were criticized for being weak and tokenistic, failing to meet the recommendations of the Law Commission.
    • Need for Oversight and Enforcement: Given the reclassification of the poultry industry as a highly polluting ‘orange category’ industry by the Central Pollution Control Board (CPCB), strict oversight for compliance and enforcement of environmental regulations is essential.

    Mains PYQ:

    Q What is the basic principle behind vaccine development? How do vaccines work? What approaches were adopted by the Indian vaccine manufacturers to produce COVID-19 vaccines? (UPSC IAS/2022)

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