Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation Commission
Mains level: Read the attached story
Central Idea
- The recent draft proposal on the Delimitation of Assembly and Lok Sabha constituencies in Assam by the Election Commission (EC) has stirred significant controversy.
- The proposal suggests reshaping constituencies, increasing the number of reserved seats, and potentially affecting the political fortunes of various organizations and parties.
What is Delimitation?
- Objective: Delimitation aims to redraw constituency boundaries to maintain equal population representation in Assembly and Lok Sabha seats.
- Changing Constituencies: Delimitation may result in the alteration of constituency limits and, in some cases, the number of seats in a state.
Delimitation Process and Commission
- Independent Delimitation Commission: Delimitation is carried out by an independent Delimitation Commission (DC) constituted by the Union government.
- Terms of Reference: The DC determines the number and boundaries of constituencies, ensuring population equality and identifying reserved seats for Scheduled Castes and Scheduled Tribes.
- Implementation: The draft proposals are published for public feedback, followed by public sittings to consider objections and suggestions. The final order is published in official gazettes.
Historical Context of Delimitation
- Early Delimitation Exercises: The first delimitation exercise in 1950-51 was conducted by the President. Subsequently, the responsibility was shifted to independent Delimitation Commissions.
- Frequency of Delimitation: Delimitation has been carried out four times, in 1952, 1963, 1973, and 2002, based on the Acts enacted in respective years.
Postponement of Delimitation until 2026
- Frozen Seats: Delimitation was postponed after the 1981 and 1991 Censuses, freezing the number of seats in Lok Sabha and Assemblies.
- Justification for Postponement: An amendment further delayed delimitation until 2026, with the rationale that uniform population growth would be achieved throughout the country by that time.
- The Last Delimitation: The most recent delimitation exercise, based on the 2001 Census, focused on adjusting boundaries of existing seats and reworking the number of reserved seats.
Delimitation Exercise in Assam
- Delimitation exercises were carried out periodically, but in 1976, it was suspended due to the family planning program.
- The process was deferred for Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, and Nagaland in 2008 due to “security risks.”
- The Delimitation Commission for Assam and other states was reconstituted by the Central Government in 2020.
Overview of the Proposed Changes
- Reshaping of Constituencies: The draft proposal suggests reshaping and renaming 24 Assembly seats.
- Increased Reserved Seats: The number of reserved seats for Scheduled Tribes (ST) and Scheduled Castes (SC) would be increased from 16 to 19 and eight to nine, respectively.
- Seat Juggling: The proposal involves converting six reserved seats each for SCs and STs into unreserved seats. Additionally, nine ST and seven SC general seats would become reserved.
- Impact on Political Figures: Notable political figures, including MLAs and MPs from various parties, may lose their seats due to the proposed changes.
Opposition and Concerns
- Protests and Discontent: The draft proposal has faced opposition and protests across Assam, with different groups expressing dissatisfaction with the changes.
- Questioning the Legality: Some have raised concerns regarding the interpretation of Section 8A of the Representation of the People Act, 1950, which allows reorientation of seats without altering their total number.
- Use of Census Data: The use of 2001 Census data instead of the more recent 2011 Census data has raised suspicion and allegations of a hidden agenda.
- Timing and Allegations: Opposition parties have criticized the timing of the delimitation exercise, alleging that it was rushed to affect representation ahead of the 2024 Lok Sabha polls.
Future Outlook and Potential Changes
- EC’s Call for Suggestions: The EC has invited suggestions and omissions regarding the draft proposal and plans to revisit the State to engage with stakeholders.
- Legal Challenges: The All India United Democratic Front (AIUDF) has threatened to approach the court if the draft is accepted.
- Chief Minister’s Perspective: Assam CM has emphasized the need to protect the rights of indigenous people and hinted at potential adjustments to ensure their interests are safeguarded.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-US Tech Trade
Central Idea
- During PM’s state visit to the United States, cooperation on technology emerged as a significant topic of discussion.
- While the visit yielded positive outcomes, US tech companies have raised concerns about policy hurdles affecting digital trade with India.
Current Status of India-US Technology Trade
- Bilateral Trade: In FY2023, the US became India’s largest trading partner, with bilateral trade reaching $128.55 billion. However, digital or technology services have not played a prominent role in this trade.
- Deficit in Digital Services: The US has a significant trade deficit of $27 billion in digital services with India, despite the potential for growth in the US digital services export sector and the expanding online services market in India.
Concerns of US Tech Firms
- Imbalance and Misalignment: US tech companies have raised concerns about the “significant imbalance” and “misalignment” in the US-India economic relationship. They argue that India’s policies favor domestic players, creating a tilted playing field.
- Discriminatory Regulations: US tech firms criticize India’s regulations, such as geospatial data sharing guidelines, for providing preferential treatment to Indian companies. They also express discontent over India’s departure from democratic norms, leading to challenges for US companies operating in India.
Policy Barriers Raised by US Tech Firms
- Equalisation Levy: US tech firms object to India’s expanded version of the equalisation levy, which imposes taxes on digital services. They argue that it leads to double taxation, complicates the tax framework, and raises questions of constitutional validity and compliance with international obligations.
- Information Technology Rules: US tech firms are concerned about India’s Information Technology Rules, which impose compliance burdens and tight deadlines for content takedown, appointment of local compliance officers, and the establishment of Grievance Appellate Committees.
- Data Protection Law: Ambiguities surrounding cross-border data flows, compliance timelines, and data localization in India’s draft Digital Personal Data Protection Bill raise concerns among US tech firms. They argue that data localization requirements increase operating costs and can be seen as discriminatory.
Other Policy Barriers to Digital Trade
- Digital Competition Act: The proposed adoption of a Digital Competition Act, including estimated taxes for big tech companies, has raised concerns about anti-competitive practices and potential targeting of US tech firms.
- Competition Commission Fines: The fines imposed by the Competition Commission of India on Google for anti-competitive practices have been seen by US tech firms as part of India’s protectionist industrial policy.
Way Forward
To promote digital trade between India and the United States and overcome policy barriers, the following steps can be taken:
- Transparent and Consistent Policies: Ensure transparency, consistency, and clear guidelines in policy formulation, implementation, and enforcement to create a level playing field.
- Review and Refinement of Regulations: Periodically review regulations, such as the equalisation levy, Information Technology Rules, and data protection laws, to address concerns and strike a balance.
- Mutual Recognition Agreements: Explore the possibility of mutual recognition agreements that facilitate the acceptance of each other’s certification standards and regulatory frameworks, reducing duplicative compliance requirements.
- Data Sharing Frameworks: Develop comprehensive and secure frameworks for cross-border data sharing that protect privacy and enable data flows for digital trade, benefiting both economies.
- Collaborative Research and Development: Encourage joint research and development initiatives between Indian and US companies and institutions to foster technological advancements and drive innovation in emerging areas such as artificial intelligence, blockchain, and quantum computing.
- Cybersecurity Cooperation: Strengthen bilateral cooperation on cybersecurity, sharing best practices, and collaborating on threat intelligence to safeguard digital infrastructure and build trust in cross-border digital transactions.
Conclusion
- By implementing these measures, India and the United States can foster a conducive environment for digital trade, innovation, and investment, strengthening bilateral ties and driving economic growth.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mekedatu Project
Mains level: Interstate water disputes
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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Live Streaming of 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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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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Women in Armed Forces
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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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.
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.
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.
- 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.
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
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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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:
- 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.
- 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.
- 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:
- There are sufficient reasons to believe that the accused has not committed the offence.
- There is sufficient reason to conduct a further inquiry in the matter.
- 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:
- The accused is a woman or a child, bail can be granted in a non-bailable offence.
- There is a lack of evidence then bail in non-Bailable offenses can be granted.
- There is a delay in lodging FIR by the complainant, bail may be granted.
- 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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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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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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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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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:
- Criminal Procedure Code (CrPC)
- Passport (Entry into India) Act, 1920 and
- 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
- Encroachment
- Illegal incursion
- 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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From UPSC perspective, the following things are important :
Prelims level: Iron Dome
Mains level: Paper 3- Iron Dome rocket defence system
Context
- Amid the Israel-Palestine conflict, the night sky over Israel has been ablaze with interceptor missiles from Iron Dome shooting down the incoming rockets in the sky.
What is Iron Dome?
- Iron Dome is a multi-mission system capable of intercepting rockets, artillery, mortars and Precision Guided Munitions as well as aircraft, helicopters and Unmanned Aerial Vehicles (UAV) over short ranges of up to 70 km.
- It is an all-weather system and can engage multiple targets simultaneously and can be deployed over land and sea.
- Iron Dome is jointly manufactured by Rafael Advanced Systems and has been in service with Israeli Air Force since 2011.
- The radar system was developed by Elta.
Working of Iron Dome
- An Iron Dome battery consists of a battle management control unit, a detection and tracking radar and a firing unit of three vertical launchers, with 20 interceptor missiles each.
- The interceptor missile uses a proximity fuse to detonate the target warhead in the air.
- One of the system’s important advantages is its ability to identify the anticipated point of impact of the threatening rocket, to calculate whether it will fall in a built-up area or not, and to decide on this basis whether or not to engage it.
- This prevents unnecessary interception of rockets that will fall in open areas and thus not cause damage, the paper states.
- The system has intercepted thousands of rockets so far and, according to Rafael Advanced Systems, its success rate is over 90%.
Limitations of the system
- The system can see limitations when it is overwhelmed with a barrage of projectiles.
- The system has a ‘saturation point’.
- It is capable of engaging a certain number of targets at the same time, and no more.
- One of the possible limitations is the system’s inability to cope with very short range threats as estimates put the Iron Dome’s minimum interception range at 5-7 kilometres.
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From UPSC perspective, the following things are important :
Prelims level: al-Aqsa mosque
Mains level: Paper 2- Israel-Palestine conflict
Context
On Monday, Israeli police stormed the Al-Aqsa mosque compound in East Jerusalem, leaving a reported 300 people injured. The stand-off came at the end of a week of tensions over the eviction of Palestinian residents from two neighbourhoods of East Jerusalem, Sheikh Jarrah and Silwan, to make way for Jewish settlers.
Cause of the clashes
- The Al-Aqsa is located on a plaza at Temple Mount, which is known in Islam as Haram-e-Sharif.
- The Mount is also Judaism’s holiest site.
- The most imposing structure on the compound is the Dome of the Rock, with its golden dome.
- The Western Wall, also known as the Wailing Wall sacred to Jews, is one side of the retaining wall of the Al-Aqsa compound.
- Soon after the 1967 Six-Day War ended, Israel gave back to Jordan the administration and management of the Al-Aqsa compound.
- While non-Muslims have not been allowed to worship at Al-Aqsa, Jewish individuals and groups have made repeated attempts to gain entry to the Mount Temple plaza.
- Since the late 1990s, around the time of the first intifada, such attempts began occurring with a regularity as Jewish settlers began claiming land in East Jerusalem and surrounding areas.
- It has led to repeated clashes and tensions at Al-Aqsa.
Rival claims over Jerusalem
- Both Israel and Palestine have declared Jerusale their capital.
- In July 1980, the Israeli Parliament passed the Jerusalem Law declaring it the country’s capital.
- Palestinians declared Jerusalem the capital of the putative state of Palestine by a law passed by the Palestinian Authority in 2000.
- The 1988 Palestinian Declaration of Independence also declared Jerusalem as the capital.
- For the present, the Palestinian Authority has its headquarters in Ramallah.
How the world is reacting
- The Security Council held a meeting on the situation in Jerusalem, but did not make any statement immediately.
- Last Friday, the US said it was “extremely concerned” .
- The UAE, which recently recognised as Israel as a state and sealed a historic peace agreement to normalise relations with it, has “strongly condemned” the clashes and the planned evictions in Jerusalem over the past week.
- Saudi Arabia said it “rejects Israel’s plans and measures to evict dozens of Palestinians from their homes in Jerusalem”.
- Pakistan Prime Minister also condemned Israel for violation of international law.
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From UPSC perspective, the following things are important :
Prelims level: TRIPS
Mains level: Paper 2- What IP waiver for Covid vaccine mean to India
Background of waiver proposal
- U.S. President Joe Biden’s administration announced its support for waiving intellectual property protections for COVID-19 vaccines.
- Following the onset of the pandemic, the World Health Organisation proposed a COVID-technology access pool as a knowledge sharing initiative to rapidly scale up vaccine output around the world.
- As vaccine research progressed last year, wealthy and advanced countries, placed huge advance purchase orders for vaccines.
- This meant that smaller, developing countries would take longer to get vaccines and find resources to pay for them.
- In October 2020, India and South Africa floated a proposal at the World Trade Organisation’s TRIPS (Trade-Related Aspects of Intellectual Property Rights) Council to waive certain provisions of the WTO’s TRIPS pact till the pandemic subsides.
- The proposal envisaged facilitating wider access to technologies necessary for the production of vaccines and medicines.
- While a majority of the least developed countries backed the proposal, some like China, Turkey and Thailand sought more clarity.
- However, the proposal was nixed with the E.U., the U.S., Switzerland, Norway, Australia, Canada, Japan and the U.K. rejecting it outright, along with Brazil.
- Among other things, the argument was that such waivers could dampen innovation and research in areas such as pharmaceuticals and diagnostic technologies.
What next
- The WTO’s TRIPS Council is tentatively expected to hold a meeting on the waiver proposal again later this month.
- If and when an agreement is reached here, the WTO’s Ministerial Council will also have to sign off.
- Since WTO decisions are based on consensus, all 164 members need to agree on every single aspect of the negotiated waivers and conditions attached.
Way forward for India
- The Centre can take two steps immediately in consonance with its stance at the WTO, following the U.S.’ statement of support.
- The Union government must issue notification under Sections 92 and 100 of the Patents Act to freely licence all patents necessary for vaccine and drug production to treat COVID-19.
- Issues of the amount of royalties can be decided in due course as laid out in the Patents Act, but that should not come in the way of immediate licensing by the government.
- The government need to provide full support to companies to scale up vaccine production.
- Indian industry has a well-respected expertise and capability to rapidly manufacture raw materials, consumables and equipment necessary to produce drugs, vaccines, medical devices and equipment if Intellectual Property barriers are removed.
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BACK2BASICS
- COVID-19 Technology Access Pool (C-TAP) will compile, in one place, pledges of commitment made under the Solidarity Call to Action to voluntarily share COVID-19 health technology-related knowledge, intellectual property and data. C-TAP works through its implementing partners, the Medicines Patent Pool, Open COVID Pledge, UN Technology Bank-hosted Technology Access Partnership and Unitaid to facilitate timely, equitable and affordable access to COVID-19 health technologies.
Understand how the story has progressed:
India seeks TRIPS waiver for Vaccines
How IPR served as barrier to the right to access healthcare
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From UPSC perspective, the following things are important :
Prelims level: 102nd Amendment
Mains level: Paper 2- Maratha quota judgement
- A five-judge Constitution Bench of the Supreme Court on Wednesday struck down the Maharashtra law granting reservation to the Maratha community.
- The court had framed six questions of law on the issue.
- The court unanimously agreed on three of those issues, while the verdict was split 3:2 on the other three.
Issue 1: Whether Indra Sawhney judgment needs to be revisited
- One of the key issues was to examine whether the 1992 landmark ruling by the nine-judge bench in Indra Sawhney v Union of India had to be revisited.
- First, it said that the criteria for a group to qualify for reservation is “social and educational backwardness”.
- Second, it reiterated the 50% limit to vertical quotas reasoning that it was needed to ensure “efficiency” in administration.
- However, the court said that this 50% limit will apply unless in “exceptional circumstances”.
- The Maratha quota exceeded the 50% ceiling.
- The arguments by state governments before the court was that the Indra Sawhney verdict must be referred to a 11-judge Bench for reconsideration since it laid down an arbitrary ceiling which the Constitution does not envisage.
- The court said that the 50% ceiling, although an arbitrary determination by the court in 1992, is now constitutionally recognized and held that there is no need to revisit the case.
Issue 2 and 3: Does Maratha quota law come under exceptional circumstances
- The state government’s argument was that since the population of backward class is 85% and reservation limit is only 50%, an increase in reservation limit would qualify as an extraordinary circumstance.
- All five judges disagreed with this argument.
- The bench ruled that the above situation is not extraordinary.
Issue 4,5 and 6: Validity of 102nd Amendment
- The Constitution (One Hundred and Second Amendment) Act, 2018 gives constitutional status to the National Backward Classes Commission.
- The Amendment also gives the President powers to notify backward classes.
- The Bench unanimously upheld the constitutional validity of the 102nd Amendment but differed on the question of whether it affected the power of states to identify socially and economically backward classes (SEBCs).
- Attorney General, appearing for the central government, clarified that this was not the intention of the law.
- The Attorney General argued that it is inconceivable that no State shall have the power to identify backward class”.
- The Attorney General explained that the state government will have their separate list of SEBCs for providing reservations in state government jobs and education.
- The Parliament will only make the central list of SEBCs which would apply for central government jobs.
- However, the Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament”.
- This raises a question: How does this impact interventions by other states to provide reservations for other communities, for example Jats in Haryana and Kapus in Andhra?
- The majority opinion essentially says that now the National Backward Classes Commission must publish a fresh list of SEBCs, both for states and the central list.
- The Supreme Court also issued a direction under Article 142 of the Constitution of India which says that till the publication of the fresh list the existing lists will continue to operate.
————————————————-//————————————-
BACK2BASICS
- National Commission for Backward Classes is a constitutional body (102nd amendment 2018 in the constitution to make it a constitutional body) (Article 338B of the Indian Constitution).
- It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.
- According to Article 338B, Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
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From UPSC perspective, the following things are important :
Prelims level: Polar shift
Mains level: Paper 3- How climate change causing a shift in the Earth's axis of rotation
About the study
- A study is published in Geophysical Research Letters of the American Geophysical Union (AGU).
- The study has added yet another impact of climate change on the earth – marked shifts in the axis along which the Earth rotates.
- It says that due to the significant melting of glaciers because of global temperature rise, our planet’s axis of rotation has been moving more than usual since the 1990s.
How the earth’s axis shifts
- The Earth’s axis of rotation is the line along which it spins around itself as it revolves around the Sun.
- The points on which the axis intersects the planet’s surface are the geographical north and south poles.
- The location of the poles is not fixed, however, as the axis moves due to changes in how the Earth’s mass is distributed around the planet.
- Thus, the poles move when the axis moves, and the movement is called “polar motion”.
- Generally, polar motion is caused by changes in the hydrosphere, atmosphere, oceans, or solid Earth.
- But now, climate change is adding to the degree with which the poles wander.
What the study says
- As per the study, the north pole has shifted in a new eastward direction since the 1990s, because of changes in the hydrosphere (meaning the way in which water is stored on Earth).
- From 1995 to 2020, the average speed of drift was 17 times faster than from 1981 to 1995.
- The faster ice melting under global warming was the most likely cause of the directional change of the polar drift in the 1990s, the study says.
- The other possible causes are terrestrial water storage change in non‐glacial regions due to climate change and unsustainable consumption of groundwater.
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From UPSC perspective, the following things are important :
Prelims level: DPCO
Mains level: Paper 2- Vaccine pricing issue
How government regulate prices of drugs
- The Supreme Court flagged the issue of differential pricing for vaccines among States and the Centre and directed the central government to clarify it in an affidavit.
- To ensure accessibility, the pricing of essential drugs is regulated centrally through The Essential Commodities Act, 1955.
- Under Section 3 of the Act, the government has enacted the Drugs (Prices Control) Order (DPCO).
- The DPCO lists over 800 drugs as “essential” in its schedule, and has capped their prices.
- The capping of prices is done based on a formula that is worked out in each case by the National Pharmaceutical Pricing Authority (NPPA), which was set up in 1997.
So, why the government is not regulating price of vaccines through DPCO
- This is because the regulation through DPCO is not applicable for patented drugs or fixed-dose combination (FDC) drugs.
- This is why the price of the antiviral drug remdesivir, which is currently in great demand, is not regulated by the government.
- To bring vaccines or drugs used in the treatment of Covid-19 such as remdesivir under the DPCO policy, an amendment can be brought.
What other options government can explore to deal with the vaccine price issue
1) Patent Act 1970
- The Patent Act 1970 has two key provisions that could be potentially invoked to regulate the pricing of the vaccine.
- Section 100 of the Patents Act gives the central government the power to authorise anyone (a pharma company) to use the invention for the “purposes of the government”.
- It enables the government to license the patents of the vaccine to specific companies to speed up manufacturing and ensure equitable pricing.
- Under Section 92 of the Act, which deals with compulsory licensing, the government can, without the permission of the patent holder, license the patent under specific circumstances prescribed in the Act.
- Section 92 can be invoked in case of circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use.
- After the government issues a notification under Section 92, pharma companies can approach the government for a licence to start manufacturing by reverse engineering the product.
- However, in the case of biological vaccines like Covid-19, even though ingredients and processes are well known, it is difficult to duplicate the process from scratch.
- The process will also entail new clinical trials to establish safety and efficacy, which makes compulsory licensing less attractive.
2) The Epidemic Diseases Act, 1897
- Section 2 of this law gives the government “power to take special measures and prescribe regulations as to dangerous epidemic disease”.
- These broad, undefined powers can be used to take measures to regulate pricing.
- However, the law lacks the teeth to implement such an important policy framework.
- Violation of the Act is penalised under Section 188 of the Indian Penal Code, which deals with “disobedience to order duly promulgated by (a) public servant”.
3) Direct procurement by the Centre
- Apart from these legislative options, experts suggest that the central government procuring directly from the manufacturers could be the most beneficial route to ensure equitable pricing.
- As the sole purchaser, it will have greater bargaining power.
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From UPSC perspective, the following things are important :
Prelims level: Himalayan Frontal Thrust
Mains level: Paper 1- Major seismic hazards along Assam faultline
Location of epicentre
- An earthquake of magnitude 6.4 on the Richter scale hit Assam around 8 am on Wednesday.
- The primary earthquake had its epicentre at latitude 26.690 N and longitude 92.360 E, about 80 km northeast of Guwahati, and a focal depth of 17 km, the National Centre for Seismology (NCS) said.
The faultline
- The preliminary analysis shows that the events are located near to Kopili Fault closer to Himalayan Frontal Thrust (HFT).
- The Kopili Fault is a 300-km northwest-southeast trending fault from the Bhutan Himalaya to the Burmese arc.
- The fault is a fracture along which the blocks of crust on either side have moved relative to one another parallel to the fracture.
- The area is seismically very active falling in the highest Seismic Hazard zone V associated with collisional tectonics where Indian plate sub-ducts beneath the Eurasian Plate the NCS report said.
- HFT, also known as the Main Frontal Thrust (MFT), is a geological fault along the boundary of the Indian and Eurasian tectonic plates.
Need for earthquake preparedness
- The Northeast is located in the highest seismological zone, so we must have constant earthquake preparedness at all levels.
- Continuous tectonic stress keeps building up particularly along the faultlines.
- Today’s earthquake was an instance of accumulated stress release — probably, stress was constrained for a fairly long time at this epicentre, and hence the release was of relatively higher intensity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RT-PCR Test
Mains level: Paper 2- Ct value in RT-PCR test
Recently, the Maharashtra government sought clarity from the Indian Council of Medical Research (ICMR) on the threshold Ct value to treat a person Covid-negative.
What is Ct value
- Short for cycle threshold, Ct is a value that emerges during RT-PCR tests.
- In an RT-PCR test, RNA is extracted from the swab collected from the patient.
- It is then converted into DNA, which is then amplified.
- Amplification refers to the process of creating multiple copies of the genetic material — in this case, DNA.
- Amplification takes place through a series of cycles — one copy becomes two, two becomes four, and so on.
- Put simply, the Ct value refers to the number of cycles after which the virus can be detected.
- The lower the Ct value, the higher the viral load — because the virus has been spotted after fewer cycles.
Why Ct value is important
- According to the ICMR, a patient is considered Covid-positive if the Ct value is below 35.
- If the benchmark were to be lowered to 24 — the value mentioned in Maharashtra’s letter — it would mean that Ct values in the range 25-34 would not be considered positive.
- A benchmark of 35, therefore, means that more patients would be considered positive than we would get if the benchmark were 24.
- The ICMR has said lowering Ct threshold parameter may lead to missing several infectious persons.
Does Ct score indicate the severity of disease
- A small study published in the Indian Journal of Medical Microbiology in January this year found that there was no correlation between Ct values and severity of disease or mortality in patients with Covid-19 disease.
- It found that the time since the onset of symptoms has a stronger relationship with Ct values as compared to the severity of the disease.
- The Ct value tells us about the viral load in the throat and not in the lungs.
- The Ct value does not correlate with severity – only with infectivity.
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