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Type: Explained

  • Interstate River Water Dispute

    Row over Mekedatu Project

    Explained | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Mekedatu Project

    Mains level: Interstate water disputes

    mekedatu

    Central Idea

    • Announcement of dam and reservoir: The Deputy CM of Karnataka announced plans for the construction of a dam and reservoir called Mekedatu near the state’s border with Tamil Nadu.
    • Objections raised by Tamil Nadu: Tamil Nadu expressed strong objections to the project, arguing that it goes against the rulings of both the Cauvery Water Disputes Tribunal and the Supreme Court.
    • Warning of protests: Political parties in Tamil Nadu have warned of potential protests and opposition if the construction of the Mekedatu dam proceeds.

    What is Mekedatu Project?

    • Location and purpose: The Mekedatu dam project is planned to be constructed in Ramanagaram district, approximately 100 km south of Bengaluru. Its primary purpose is to address the drinking water needs of Bengaluru and replenish the regional groundwater table.
    • Proposed capacity and estimated cost of the dam: The dam is proposed to have a capacity of 48 TMC (thousand million cubic) feet and is estimated to cost Rs 6,000 crore.
    • Background and previous developments of the project: The idea of the Mekedatu dam has been under consideration for several years. In 2014, the Karnataka government invited expressions of interest for the project and allocated funds for a detailed project report in the following year.

    Opposition to the Project

    • Widespread protests and state-wide bandh in TN: When the project was initially proposed, Tamil Nadu witnessed widespread protests against it. These protests culminated in a statewide bandh, supported by various stakeholders.
    • Resolutions passed by TN Assembly against the project: The Tamil Nadu Assembly, representing the voice of the people, passed unanimous resolutions expressing strong opposition to the Mekedatu project in December 2018 and January 2022.
    • Political actions and legal involvement in the dispute: Various political leaders and parties in Tamil Nadu have taken actions, including raising the issue with the central government and approaching the Supreme Court to challenge the project’s legality.

    Arguments against the Project

    • Concerns over modification of river flow: Critics of the Mekedatu project argue that constructing reservoirs on the Cauvery River would modify its natural flow, potentially leading to adverse effects downstream.
    • Violation of the final award of the water disputes tribunal: Tamil Nadu contends that the proposed dam violates the final award of the Cauvery Water Disputes Tribunal, which determined the water-sharing arrangements between the two states.
    • Impact on water flow in catchment areas: Tamil Nadu raises concerns that the project’s implementation would impound the flow in catchment areas, affecting the availability of water downstream and potentially leading to water scarcity in the state.

    Justifications and proposals

    • Ensuring adequate flow to TN: Karnataka argues that the construction of the Mekedatu dam will not hinder the stipulated quantum of water release to Tamil Nadu nor be utilized for irrigation purposes.
    • Allocation of funds and willingness to negotiate: The Karnataka government has earmarked Rs 1,000 crore for the project, indicating its commitment. It also expresses willingness to engage in discussions and negotiations with Tamil Nadu to address concerns and find a resolution.
    • Clearance of feasibility study: The Central Water Commission cleared a feasibility study for the Mekedatu project in 2018, providing additional support for Karnataka’s justifications and indicating the project’s viability.

    Historical context of the dispute

    • Past opposition and protests against the dam: The Mekedatu dam has been a subject of contention and opposition for several years. Tamil Nadu has witnessed widespread protests, reflecting public sentiment against the project.
    • Political actions and involvement of state delegations: Political leaders from Tamil Nadu and Karnataka have been actively involved in addressing the issue. Delegations from both states have approached the central government seeking support or intervention.
    • Legal challenges and the role of the Supreme Court: Tamil Nadu’s approach to the Supreme Court against the Mekedatu project highlights the legal dimension of the dispute. The involvement of the court plays a crucial role in considering the arguments and reaching a resolution.

    Environmental and Economic considerations

    • Potential benefits of the dam for water supply: Proponents of the Mekedatu project argue that it will address the pressing drinking water needs of Bengaluru, ensuring a stable water supply for the growing city.
    • Concerns about environmental impact and ecosystem disruption: Critics raise concerns about the potential environmental impact of constructing the dam and reservoir. They highlight potential disruptions to local ecosystems and the natural flow of the river.
    • Evaluating the economic viability of the project: Given the significant estimated cost of the Mekedatu project, there is a need to evaluate its cost-effectiveness and long-term economic viability, considering factors such as funding sources, returns on investment, and sustainable utilization of resources.

    Way forward

    • Importance of negotiation and finding common ground: The conflict surrounding the Mekedatu project emphasizes the importance of dialogue, negotiations, and finding mutually acceptable solutions that address the concerns of both Karnataka and Tamil Nadu.
    • Role of the Supreme Court and other mediators in resolving conflicts: The involvement of the Supreme Court and other mediators can play a crucial role in facilitating discussions, mediating conflicts, and reaching a resolution that adheres to legal frameworks and considers the interests of both states.
    • Promoting inter-state cooperation for sustainable water management: The dispute underscores the need for robust inter-state cooperation and collaboration on water management issues. It is crucial to ensure sustainable and equitable utilization of shared water resources, respect legal frameworks, and address the concerns of all stakeholders involved.

     

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  • Judicial Reforms

    Live streaming of Court Proceedings

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Live Streaming of Court

    live streaming court

    Central Idea

    • The significance of live-streaming court proceedings as an extension of the ‘open justice’ and ‘open courts’ principle remains largely unrealized in India.
    • Only nine out of the 25 High Courts in the country have implemented live streaming, while the Supreme Court restricts it to Constitutional cases.

    What is live-streaming technology?

    • At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
    • Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
    • Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.

    Why discuss this?

    • The Supreme Court emphasized the need for live streaming in district courts and High Courts as these are the courts where most citizens seek justice.
    • Time and resource constraints, as well as the inability to travel long distances, limit public access to court hearings.
    • Videoconferencing became essential since the COVID-19 pandemic, as physical hearings were not possible.

    Early Adopters

    • The Gujarat HC pioneered live streaming in October 2020, streaming proceedings on YouTube as an experiment.
    • Other HCs, such as Karnataka and Meghalaya, followed with varying degrees of success.
    • The Gujarat HC’s YouTube channel gained 1.24 lakh subscribers and 1.9 crore views.

    Existing Restrictions

    • Model Rules for Live Streaming and Recording of Court Proceedings: These exclude certain case categories from live streaming, including matrimonial matters, child adoption and custody, sexual offences, child sexual abuse, and juvenile cases.
    • Broadcasting rights issue: The Delhi High Court notified rules for live streaming proceedings but imposed restrictions such as a ban on reproducing or transmitting audio-visual recordings.

    Significance of live streaming

    • Instilling Faith in the Judiciary: Allowing ordinary people to view the workings of the highest court without barriers builds faith in the judiciary.
    • Empowering the Masses: Live streaming enables the legal system to empower the masses and develop an informed citizenry.
    • Respect for Rule of Law: Understanding the importance of the rule of law and how the judiciary protects the rights of marginalized sections of society.
    • Living up to Constitutional Expectations: Live streaming aligns with public interest and the preservation of constitutional Article 19 and 21.
    • Increased Transparency: Encourages the principle of open court, reduces reliance on second-hand information, and allows the public’s right to know.
    • Elevating Legal Standards: Lawyers become better prepared, refrain from irresponsible remarks, and take justice delivery more seriously.
    • Level Playing Field: Provides equal opportunities for younger lawyers to showcase their skills and competence.
    • Academic Advancement: Inspires law students and encourages legal research on the functioning of the judiciary and the legal profession.
    • Easy Accessibility: Eliminates the need for physical presence, allowing litigants to access proceedings from anywhere.

    Issues with such policy

    • Contempt of Court: Existing video clips of court proceedings on social media platforms often lack context and sensationalize events, potentially undermining the dignity of the court.
    • Disinformation and Sensationalism: There are concerns that misuse or selective use of live streaming content may contribute to the spread of disinformation among the public.
    • Unnecessary Activism: Increased visibility through live streaming could lead to justices behaving like politicians, seeking individual exposure rather than focusing solely on justice.

    Physical barriers for it

    • Internet Connectivity: Issues related to internet connectivity may hinder seamless live streaming, requiring attention for reliable access to court proceedings.
    • Adequate Infrastructure: Provision of well-equipped spaces where lawyers can effectively present their cases is crucial for a smooth transition to live-streamed proceedings.
    • Awareness and Training: Judges, court staff, and lawyers may lack familiarity with digital technology and its benefits. Efforts should be made to raise awareness and provide comprehensive training to ensure their proficiency.

    Global examples

    • Several countries, including the United States, Brazil, the United Kingdom, Canada, and China, have implemented live streaming of court proceedings in various formats.
    • Live streaming formats include audio recordings (US), video recordings streamed on television (Brazil), video streaming on court websites (UK, Canada), and live streaming from trial courts up to the supreme court (China).

    Way Forward

    To promote open justice and improve access to justice, the following steps are recommended:

    • Implementation of live streaming in all courtrooms of the Supreme Court and across all High Courts and district courts.
    • Ensuring adequate infrastructure for videoconferencing and live streaming beyond the pandemic.
    • Reviewing and revising restrictions on live streaming to strike a balance between transparency and privacy concerns.
    • Conducting awareness campaigns to educate the public about the availability and benefits of live-streamed court proceedings.

     

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  • Judicial Reforms

    Debating the Abolition of Judicial Vacations

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Judicial Vacations

    Mains level: Issues with Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.

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  • Indian Army Updates

    Women to get Command Roles in the Indian Army

    Explained | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Women in Armed Forces

    women

    As many as 108 women officers in the Army are set to be cleared for the rank of Colonel (selection grade) which will make them eligible to command units and troops in their respective arms and services for the first time.

    What exactly does Commanding a unit mean?

    • Once promoted to a Colonel, an officer is eligible to command troops directly in the Army, which is an acknowledgment of the leadership qualities of the officer.
    • It is considered a coveted appointment because in no other rank — including higher ranks like Brigadier or Major General — does an officer interact directly with troops on the ground.
    • Women officers in many streams of the Army, including the Army Air Defence, Signals, Engineers, Army Aviation, EMEs, Army Ordnance Corps, and Intelligence Corps will be commanding units.

    Women in commands: Significance

    • Leadership opportunity: Despite working at the grassroots level as junior officers, women officers hitherto did not get an opportunity to prove their leadership skills as they were not eligible to command a unit.
    • Gender parity: Most importantly, it grants women officer’s parity with their male counterparts.
    • Higher ranks: Earlier promotions were staff appointments — which are more administrative in nature and not purely command appointments in which an officer commands troops on ground.
    • Benefits after permanent commission: With a longer career in the Army, women officers will be considered for promotions, including to the rank of Colonel and beyond.

    Why did their Colonel promotions come so late?

    • An officer in the Army is promoted to the rank of Colonel only after serving between 16 and 18 years, based on certain criteria such as annual confidential reports and various courses.
    • Women officers who were inducted into the Army were inducted as Short Service Commission (SSC) officers in 1992 and in the years after did not have the choice to opt for permanent commission.

    Supreme Court order affirming Permanent Commission

    • In 2019, the Army changed its rules allowing SSC women officers to opt for permanent commission who would have otherwise retired after 14 years of service.
    • However, this was not retrospective and applied only to the batches of women officers starting their career in the Army in 2020.
    • With the landmark Supreme Court judgment of February 2020, permanent commission was granted to women officers with retrospective effect.
    • This opened the doors for their further growth and promotions in the Army, which has been of late opening leadership and higher management courses for women.

    How are women still discriminated?

    • Women are still not eligible in core combat arms such as Infantry, Mechanised Infantry and Armoured Corps.
    • Indian Army is not open to women fighting wars at the borders as foot soldiers.
    • Much of this resistance stems from past instances of male soldiers being taken as prisoners of war and tortured by the enemy.
    • However, the Army has recently decided to open the Corps of Artillery, a combat support arm, to women.

    What about the Indian Navy and the Indian Air Force?

    • Women officers have been inducted into all branches of the Navy, and they will be eligible for permanent commission in the future.
    • Women officers can command shore-based units and, as they join the service and become eligible for permanent commission, they would be able to command ships and air squadrons.
    • The IAF has opened all branches for women officers, including the fighter stream and the new weapon systems branch.
    • As they are granted permanent commission based on eligibility and vacancies, they will be eligible to command units in the future.

    How many women serve in the Indian armed forces?

    • The Army, being the largest of the three services, has the largest number of women officers at 1,705, followed by 1,640 women officers in the IAF, and 559 in the Navy.
    • This data was submitted by the government to Parliament last year.

     

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  • Poverty Eradication – Definition, Debates, etc.

    Impact of the Covid-19 pandemic on global poverty

    Explained | 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: World bank reports theme

    Mains level: Impact of COVID-19 Pandemic, Poverty eradictaion and inclusive growth.

    poverty

    Context

    • A recent World Bank report, titled “Correcting Course”, captures the impact of the COVID-19 pandemic on global poverty. The economic mismanagement we were witness to in India resulted in 5.6 crore people slipping into extreme poverty in 2020.

    Do You Know?

    • 17 October is observed as International Day for the Eradication of Poverty
    • The theme for International Day for the Eradication of Poverty 2022-2023 is “Dignity For All in Practice: The commitments we make together for social justice, peace, and the planet”

    What is the Impact of COVID-19?

    • Rapid rise in extreme poverty: The number of people living in extreme poverty rose by seven crores million in 2020, as the global poverty rate rose from 8.4% in 2019 to 9.3%in 2020.
    • Increased Inequality: This is the first time in two decades that the poverty rate has gone up. Global inequalities have widened, evident in the relative impacts felt on incomes in the richest countries as opposed to the poorest; and, unsurprisingly, economic recovery has been similarly uneven.

    poverty

    What the World Bank report says on fiscal policy of developing Nations?

    • The report focuses on fiscal policy as an instrument for governments in dealing with crises such as the pandemic.
    • Poorer countries were unable to use fiscal policy as effectively and thus unable to offset the impact of the pandemic to a much lesser degree than richer countries.

    What is the status of India’s Fiscal Policy and Poverty?

    • Sluggish state of Indian Economy: India’s economy continues to be sluggish in 2022, and one should look back at the policy choices that were made back in 2020.
    • Absence of official poverty data: The World Bank report relies on the Consumer Pyramids Household Survey (CPHS) by the Centre for Monitoring Indian Economy (CMIE), in the absence of official poverty data since 2011.
    • Poverty and fall in GDP: By the estimate, 5.6 crore people are likely to have slipped into poverty as India’s GDP fell by7.5% in FY2020-21.
    • India’s Population below poverty line: The population below poverty line in India stood at 10% in 2020.
    • Marginal Incremental spending: Refusal to provide a fiscal stimulus to consumption the Government announced a fiscal stimulus worth Rs.2 lakh crore, or 1% of GDP. However, only a small fraction therein reflected incremental spending.
    • Inadequate increase in MGNREGA wage: The minor increase to the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) wage by Rs.20 per day was a long-pending correction and quite inadequate to say the least.
    • No money in the hands of households: The majority of India’s stimulus package took the form of credit lines and refinancing schemes to private enterprises, which are an inefficient mechanism to realise the goal of putting money in the hands of people to boost household-level consumption.

    poverty

    The relationship between India’s Tax policies and Poverty

    • Reduced corporate tax: Through the pandemic and beyond, India persisted with the reduced corporate tax rate that had been announced in September 2019. The reduction of corporate tax from 30% to 22% cost the exchequer Rs.1.84 lakh crore over the last two fiscal years, according to the Parliamentary Committee on Estimates.
    • Rise in corporate profit: India has refused to reintroduce wealth tax, or indeed, an inheritance tax. At the same time, corporate profits soared, as reported by the CMIE.
    • Rise in inequality: Through all of this, and in spite of the World Inequality Report terming India as a ‘poor and very unequal country’.
    • GST as regressive tax regime: India has repeatedly increased the rates on a wide range of products covered by the Goods and Services Tax as well as increased the prices of cooking and transport fuels. While indirect taxes may help prop up public finances, they place a disproportionate burden on the poor.

    Food aid through PMGKAY and the problem associated with it

    • Pradhan Mantri Garib Kalyan Ann Yojana: The announcement of 80-crore people in India would get food aid through the Pradhan Mantri Garib Kalyan Ann Yojana (PMGKAY), a scheme that continues mainly because of the undeniable household-level distress. PMGKAY is currently estimated to cost about Rs.3.90 lakh crore. Started in April 2020, it has been extended till the upcoming Assembly elections are over.
    • PMGKAY is not a long-term solution: food aid is not a long-term solution, and certainly does not solve the problem of chronic malnutrition.

    World Bank Suggested priorities for Post pandemic recovery

    • The World Bank report identifies three priorities for fiscal policy for governments to aid with post-pandemic recovery:

    1. Targeted subsidies that benefit the poor

    2. Public investment to build resilience in the long term;

    3. Revenue mobilisation that should rely on progressive direct taxation rather than indirect taxes

    poverty

    Conclusion

    • India’s fiscally prudent policies had ensured the wealthy state but poor people. However, we must not see India’s story in isolation. Despite the good fiscal packages developed country like UK, USA are heading towards recession. Though sluggish, India has done well to maintain positive growth trajectory but this positive growth must include the growth of the poor as well.

    Mains Question

    Q.How fiscal policy can impact the poverty? What are the government initiatives to uplift the poor?

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  • Judicial Reforms

    Jurisprudence of Bail in India

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: jurisprudence of bail

    What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
    2. Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
    3. Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

    What is the recent ruling about?

    • The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.
    • The ruling is essentially a reiteration of several crucial principles of criminal procedure.

    Why bail needs reform?

    • Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    What is the law on bail?

    • The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
    • The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
    • This would involve release on furnishing a bail bond, without or without security.

    And what is the UK law?

    • The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
    • A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
    • The law also has provisions for ensuring legal aid for defendants.
    • The Act recognises a “general right” to be granted bail.

    What has the Supreme Court held on reforms?

    The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:

    • Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
    • Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily
    • Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.

     

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Anti defection: Related issues

    Explainedop-ed snap | Polity | Mains Paper 2: Parliament & State Legislatures

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tenth Schedule

    Mains level: Paper 2- Exemptions to anti-defection laws

    Context

    In its verdict in the Goa MLAs case, Bombay High Court has misread the 10th schedule of the Constitution, which was meant to prevent horse trading among legislators.

    Understanding the Paragraph (4) of Tenth Schedule

    • Paragraph (4) is an exception to the Tenth Schedule’s main provisions.
    • It operates only when the defectors’ original political party has merged with the party to which they have defected and two-thirds of the members of the legislature belonging to that party have agreed to the merger.
    • Under this provision, the merger of the original political party has to take place first, followed by two-thirds of the MLAs agreeing to that merger.
    • The basic premise of the February 25 judgment is that sub-paragraph (2) is distinct from the parent paragraph, and a factual merger of the original political party is not necessary.
    • This does not square with the content, context and thrust of paragraph (4), which contemplates the factual merger of the original political party — in this case, the INC.
    • The court’s view — the merger of the 10 MLAs of the Congress Legislative Party with the BJP should be regarded as the Congress itself merging with the BJP — goes against the letter and spirit of the Tenth Schedule, paragraph (4) in particular.

    Process for the merger: 2 conditions need to be satisfied

    • 1] Merger alone is not enough: The opening words of sub-paragraph (2) — “for the purposes of sub-paragraph (1) of this paragraph” — clearly mean that to exempt a member from disqualification on account of defection, and for considering this member’s claim that he has become a member of the party with which the merger has taken place, a merger of two political parties alone is not enough.
    • 2] Not less than 2/3 members should also agree: Not less than two-thirds of the members should also agree to such a merger.
    • The lawmakers made it tough for potential defectors to defect.
    •  The words “such merger” make it clear beyond any shadow of doubt that the merger of the original political party has to take place before two-thirds of the members agree to such a merger.
    • The members of the legislature cannot agree among themselves to merge as the court has said, but they can agree to a merger after it takes place.

    Conclusion

    The anti-defection law was designed to eliminate political defection. However, the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly.

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  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    ‘climate smart’ agriculture

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: GHG from agriculture

    Mains level: Paper 3- Moving toward net-zero agriculture

    Context

    In the backdrop of the 2070 carbon neutrality target set by India at the CoP26 in Glasgow, the Union Budget for 2022-23 has listed “climate action” and “energy transition” as one of the four priorities for the Amrit Kaal.

    Climate related announcement in Budget 2022-23

    • An additional allocation of Rs 19,500 crore for solar PV modules has been made.
    • The finance minister also talked of co-firing of 5-7 per cent of biomass pellets in thermal power plants, “sovereign green bonds” and a “battery-swapping policy”.
    • These are positive steps towards making the energy and transport sectors less polluting.

    How agriculture impact environement

    • Agriculture contributes 73 per cent of the country’s methane emissions. 
    • Third largest emitter: India has kept away from the recent EU-US pledge to slash methane emissions by 30 per cent by 2030, despite the country being the world’s third largest emitter of methane.
    • As per the national GHG inventory, the agriculture sector emits 408 MMT of carbon-dioxide equivalent and rice cultivation is the third highest source (17.5 per cent) of GHG emissions in Indian agriculture after enteric fermentation (54.6 per cent) and fertiliser use (19 per cent).
    • Paddy fields are anthropogenic sources of atmospheric nitrous oxide and methane, which have been reckoned as 273 and 80-83 times more powerful than carbon dioxide in driving temperature increase in 20 years’ (Sixth Assessment Report IPCC 2021).
    • Moreover, paddy fields require about 4,000 cubic metres of water per tonne of rice for irrigation.
    •  There is scientific evidence that intermittent flooding reduces water and methane emissions but increases nitrous oxide emissions.
    • Thus, lowering of methane emissions through controlled irrigation does not necessarily mean net low emissions. 
    • Role of subsidies and procurement policies: The environmental damage caused by agriculture is largely a result of the various kinds of subsidies — on urea, canal irrigation and power for irrigation — as well as the minimum support prices (MSP) and procurement policies concentrated on a few states and largely on two crops, rice, and wheat.

    Excess rice and wheat stock

    • As of January 1, the stocks of wheat and rice in the country’s central pool were four times higher than the buffer stocking requirement.
    • Rice stocks with the Food Corporation of India (FCI) are seven times the buffer norms for rice.
    • The financial value of these excessive grain stocks is Rs 2.14 lakh crore, of which Rs 1.66 lakh crore is because of excess rice stocks — as per the economic cost of rice and wheat given by the FCI.
    • All this does not just reflect inefficient use of scarce capital, the amount of greenhouse gases (GHG) embedded in these stocks is also large.

    Way forward

    • Carbon tax: According to the IMF, the world needs a carbon tax of $ 75 per tonne by 2030 to reduce emissions to a level consistent with a 2 degree Celsius warming target.
    • India does not have an explicit carbon-price yet, but many countries have begun to implement carbon pricing.
    • Revisiting policies: The Economic Survey 2021-22 points out that the country is over-exploiting its ground water resource (see map), particularly in the northwest and some parts of south India.
    • This calls for revisiting policies to subsidise power and fertilisers, MSP and procurement and reorient them towards minimising GHG emissions.
    • Farmer groups and the private sector can be mobilised to develop carbon markets in agriculture, both at the national and international levels, which can reward farmers in cash for switching from carbon-intensive crops to lower GHG emissions.

    Consider the question “Elaborate on the impact of agriculture on the environment. Suggest the changes needed in Indian agriculture policies to reduce the impact.”

    Conclusion

    Such a move towards “net-zero” agriculture will give India a “climate smart” agriculture in Amrit Kaal. And, if we can protect productivity levels with a low-carbon footprint, it will help India to access global markets too.

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  • Judicial Reforms

    In news: Law Commission of India

    DOMRExplained | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Law Commission of India

    Mains level: Role of Law Commission in Legal Reforms

    The Government has informed the Supreme Court that the appointment of Chairperson and Members of the 22nd Law Commission of India is under consideration.

    Why in news?

    • The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020.
    • However, no progress has been made in the appointments till date.
    • The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another.

    Issues over appointment

    • The last chairman of the law commission was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
    • Subsequently, the Commission has not been reconstituted.
    • In February 2020, the Government of India announced its intention to reconstitute the Commission with no visible progress.

    About Law Commission

    • Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
    • The Commission’s function is to research and advise the GoI on legal reform, and is composed of legal experts, and headed by a retired judge.
    • The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
    • The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.

    Colonial Background

    • The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833.
    • It was then presided by Lord Macaulay.
    • After that, three more Commissions were established in pre-independent India.

    Post-Independence functioning

    • The first Law Commission of independent India was established in 1955 for a three-year term.
    • Since then, twenty-one more Commissions have been established.

    Major reforms undertaken

    • The First Law Commission under Macaulay Itsuggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
    • These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
    • Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.

    Role in legal reforms

    The Law Commission has been a key to law reform in India.

    • Its role has been both advisory and critical of the government’s policies
    • In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
    • The Commission seeks to simplify procedures to curb delays and improve standards of justice.
    • It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.

     

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  • Indian Army Updates

    Explained: BSF powers and jurisdiction

    Explained | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: BSF

    Mains level: India's border security

    The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.

    Do you know?

    BSF currently stands as the world’s largest border guarding force. It has been termed as the First Line of Defence of Indian Territories.

    About Border Security Force (BSF)

    • The BSF is India’s border guarding organization on its border with Pakistan and Bangladesh.
    • It comes under the Ministry of Home Affairs.
    • It was raised in the wake of the 1965 War on 1 December 1965 for ensuring the security of the borders of India and for matters connected therewith.
    • The BSF has its own cadre of officers but its head, designated as a Director-General (DG), since its raising has been an officer from the Indian Police Service (IPS).

    What are the new modifications?

    • The MHA has exercised the powers under the Border Security Force Act of 1968.
    • It has thus outlined the area of BSF’s jurisdiction.
    • While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
    • At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.

    Powers exercised by BSF in its jurisdiction

    BSFs jurisdiction has been extended only in respect of the powers it enjoys under:

    1. Criminal Procedure Code (CrPC)
    2. Passport (Entry into India) Act, 1920 and
    3. Passport Act, 1967

    Arrest and search

    • BSF currently has powers to arrest and search under these laws.
    • It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws.

    Its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.

    Sanctions behind such powers

    • Scarcely populated borders: At that time, border areas were sparsely populated and there were hardly any police stations for miles.
    • Trans-border crimes: To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest.
    • Manpower crunch: While police stations have now come up near the border, they continue to be short-staffed.

    Various issues at Borders

    1. Encroachment
    2. Illegal incursion
    3. Drug and cattle smuggling

    Why has the government extended the jurisdiction?

    • The objective of the move is to bring in uniformity and also to increase operational efficiency. Earlier BSF had different jurisdictions in different states.
    • BSF often gets information relating to crime scenes that may be out of their jurisdiction.
    • The move was also necessitated due to increasing instances of drone-dropping of weapons and drugs.

    Impact on State Police jurisdiction

     

    • This move will complement the efforts of the local police. Thus, it is an enabling provision.
    • It’s not that the local police can’t act within the jurisdiction of the BSF.
    • The state police have better knowledge of the ground. Hence BSF and local Police can act in cooperation.

    Criticism of the move

    • At a basic level, the states can argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
    • In 2012, then Gujarat CM and the present PM had opposed a central government moves to expand BSF’s jurisdiction.

     

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