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Type: Explained

  • Judicial Pendency

    What is Plea Bargaining and how does it work?

    Explained | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Plea Bargaining

    Mains level: Various judicial remedies

    Many members of a religious faction belonging to different countries have obtained release from court cases in recent days by means of plea bargaining. They were accused of violating visa conditions by attending a religious congregation in Delhi.

    Try this question for mains:

    Q.What is Plea Bargaining and how does it work? Discuss the rationale behind and benefits in reducing the burden on Judiciary.

    What is Plea Bargaining?

    • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
    • It is common in the US and has been a successful method of avoiding protracted and complicated trials.
    • As a result, conviction rates are significantly high there. It primarily involves pre-trial negotiations between the accused and the prosecutor.
    • It may involve bargaining on the charge or in the quantum of sentence.

    When was it introduced in India?

    • In India, the concept was not part of law until 2006. It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
    • There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.
    • The Law Commission of India, in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty on their own volition but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.

    How does it work?

    • Unlike in the U.S. and other countries, where the prosecutor plays a key role the Indian code makes plea bargaining a process that can be initiated only by the accused.
    • Further, the accused will have to apply to the court for invoking the benefit of bargaining.

    In what circumstances is it allowed?

    • Cases for which the practice is allowed are limited.
    • Only someone who has been charge-sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.
    • It is also applicable to private complaints of which a criminal court has taken cognizance.
    • Other categories of cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country or committed against a woman or a child below 14.

    How to avail this?

    • The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.
    • The court would then issue a notice to the prosecutor and the complainant or victim, if any, for a hearing.
    • The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.
    • Thereafter, the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case”.
    • The outcome may involve payment of compensation and other expenses to the victim by the accused.

    After approval

    • Once mutual satisfaction is reached, the court shall formalize the arrangement by way of a report signed by all the parties and the presiding officer.
    • The accused may be sentenced to a prison term that is half the minimum period fixed for the offence.
    • If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in the law.

    What is the rationale for the scheme? What are its benefits?

    • The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
    • Some of the advantages it culled out from earlier reports are that the practice would ensure a speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
    • It would also have a dramatic impact on conviction rates.
    • Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
    • Moreover, it may help offenders make a fresh start in life.

    Do courts have reservations?

    • Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately.
    • However, earlier judgments of various courts in cases in which the accused enter a ‘guilty’ plea with a view to getting lesser sentences indicate that the judiciary may have reservations.
    • Some verdicts disapprove of bargaining with offenders, and point out those lenient sentences could be considered as part of the circumstances of the case after a regular trial.
    • Courts are also very particular about the voluntary nature of the exercise, as poverty, ignorance and prosecution pressure should not lead to someone pleading guilty of offences that may not have been committed.

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  • North-East India – Security and Developmental Issues

    Issues over Delimitation in the Northeast

    Explained | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Delimitation Commission

    Mains level: Delimitation of constituencies

    The Election Commission has red-flagged the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland, calling it “unconstitutional” and “illegal”. When delimitation last took place in the rest of the country in 2002-08, these states had been left out.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
    • In this process, the number of seats allocated to a state may also change.
    • The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.
    • The Delimitation Commission’s orders cannot be questioned before any court.

    Legal status

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.

    How is delimitation carried out?

    • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
    • Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.
    • The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
    • The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
    • All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.

    Northeast’s concerns

    • In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions overuse of the 2001 Census.
    • The Centre’s move to club the four with J&K comes in the backdrop of unrest in the region over CAA.

    Why were these four states left out in 2002-08?

    • In Arunachal Pradesh, Assam, Manipur and Nagaland, various organisations had moved the Gauhati High Court against the 2002-08 exercise, challenging the use of the 2001 Census for reference.
    • From Assam, an all-party delegation met then Home Minister pleading that delimitation is called off because the National Register of Citizens (NRC) was yet to be updated.
    • The Delimitation Act was amended in 2008, and on February 8, 2008, Presidential orders were issued to defer delimitation in these four states.

    So, when did the government decide to resume delimitation?

    • In February this year, President Kovind cleared the decks for the resumption of the delimitation exercise in the four states by cancelling the earlier order.
    • It noted that there had been a reduction in insurgency incidents, making the situation conducive for carrying out delimitation.

    Will delimitation change the number of seats in these states?

    • Not in the four Northeast states. There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
    • Delimitation will only redraw the boundaries of seats in each state and can rework the number of reserved seats for SCs and STs.
    • However, because of exceptional past circumstances, Jammu & Kashmir’s Assembly seats will now increase from 107 to 114, which is expected to increase the Jammu region’s representation.

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  • Modern Indian History-Events and Personalities

    How the US’ Trinity Test led to the dawn of the atomic age?

    Explained | | Mains Paper 1:

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not Much

    Mains level: Manhattan Project, WW2 and related stories

    On this day, exactly 75 years ago, US scientists tested ‘Gadget’— the world’s first atomic bomb — in what was dubbed as the ‘Trinity Test’.

    Practice question for mains:

    Q.What is the Manhattan Project? Describe its consequences on the post-world war scenario.

    The Trinity Test

    • The super bomb, nicknamed ‘Gadget’, was built by a team of scientists at a top-secret site in Los Alamos, New Mexico.
    • It was developed as part of the US-led Manhattan Project, which sought to build nuclear weapons to give the allied forces an edge over Germany, Japan and Italy in World War 2.
    • Very soon after the Trinity test, an identical nuclear bomb called ‘Fat Man’ was dropped on the Japanese city of Nagasaki, killing tens of thousands of people.
    • Before it detonated, the scientists had placed bets on what could happen. Some believed that the bomb would be a dud and would fail to explode.

    What was the Manhattan Project?

    • Germany initiated World War II by invading Poland.
    • A letter signed by Nobel prize-winning physicist Albert Einstein warned then-US President Franklin D Roosevelt of the potential threat posed by an atomic weapon being developed by Adolf Hitler.
    • Soon after, the US launched a secret atomic research undertaking, code-named the Manhattan Project, which sought to develop an atomic weapon to end the war.

    Execution of the project

    • The Project remained a relatively small-scale initiative for the next two years.
    • It was only after the bombing of Pearl Harbour the project was officially kicked into gear.
    • By December 1942 facilities were established in remote locations across the US, as well as in Canada.
    • However, the superbomb was finally designed and conceptualized by a team of scientists at a top-secret laboratory in Los Alamos.
    • The Los Alamos team developed two types of bombs — one was uranium-based, which was later code-named ‘the Little Boy’ before it was dropped on Hiroshima; the other had a plutonium core.

    Looping-in nuclear physicists

    • The project brought together some of the country’s leading atomic experts as well as exiled scientists and physicists from Germany and other Nazi-occupied nations.
    • The team at Los Alamos was headed by J Robert Oppenheimer, a physics professor at the University of California, Berkeley.
    • Oppenheimer later came to be known as the “father of the atomic bomb”.
    • His team included famous Danish scientist Niels Bohr and Italian scientists Enrico Fermi.

    What were the repercussions of the Trinity Test?

    • New Mexico residents were pointedly not warned before the test, to ensure that it was carried out secretly.
    • Data collected by the New Mexico health department, which showed the adverse impact of radiation caused by the detonation, was ignored for years after the test.
    • A sudden rise in infant mortality was reported in the months after the explosion. Several residents also complained that the number of cancer patients went up after the Trinity Test.
    • The dust outfall from the explosion was expected to have travelled nearly 100 miles from the test site, posing a serious threat to residents in the area.
    • Many families complained that their livestock suffered skin burns, bleeding and loss of hair.

    Impact of bombing on Japan

    • The Hiroshima and Nagasaki bombings are known to have killed well over 200,000 people — many of whom succumbed to radiation poisoning in the weeks after the blasts.
    • The uranium bomb in Hiroshima on August 6, 1945, destroyed around 70 per cent of all buildings and caused around 140,000 deaths by the end of 1945.
    • The plutonium bomb explosion over Nagasaki, which took place three days later, killed 74,000 people that year, according to International Campaign to Abolish Nuclear Weapons (ICANW) data.
    • After seeing the destruction caused to the two Japanese cities, Oppenheimer publicly admitted that he regretted building a bomb that could cause an apocalypse.

    Nuclearisation of the world thus began

    • Seventy-five years after the Trinity Test, as many as nine countries around the world are currently in possession of nuclear weapons.
    • These include the US, the UK, Russia, France, India, China, Israel, Pakistan and North Korea.
    • At least eight countries have detonated over 2,000 nuclear test explosions since 1945.
    • The most recent instance of nuclear bomb test explosions conducted by India, were the series of five explosions done as part of the Pokhran-II tests in May 1998.
    • The first test, code-named Smiling Buddha, took place in May 1974.

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  • Right To Privacy

    What is Non-Personal Data?

    Explained | Governance | Mains Paper 2: Government Scheme/Policies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Non-personal data

    Mains level: Data privacy issues

    A government committee headed by Infosys co-founder has suggested that non-personal data generated in the country be allowed to be harnessed by various domestic companies and entities.

    Practice question for mains:

    Q.What is Non-Personal Data? Discuss its utility and various privacy concerns associated with it.

    What is non-personal data?

    • In its most basic form, non-personal data is any set of data which does not contain personally identifiable information.
    • This, in essence, means that no individual or living person can be identified by looking at such data.
    • For example, while order details collected by a food delivery service will become non-personal data if the identifiers such as name and contact information are taken out.
    • The government committee, which submitted its report, has classified non-personal data into three main categories, namely public non-personal data, community non-personal data and private non-personal data.

    Types of non-personal data

    Depending on the source of the data and whether it is anonymised in a way that no individual can be re-identified from the data set, the three categories have been divided:

    1) Public

    All the data collected by government and its agencies such as census, data collected by municipal corporations on the total tax receipts in a particular period or any information collected during execution of all publicly funded works have been kept under the umbrella of public non-personal data.

    2) Community

    Any data identifiers about a set of people who have the same geographic location, religion, job, or other common social interests will form the community non-personal data. For example, the metadata collected by ride-hailing apps, telecom companies, electricity distribution companies among others have been put under the community non-personal data category by the committee.

    3) Private

    Private non-personal data can be defined as those which are produced by individuals which can be derived from the application of proprietary software or knowledge.

    How sensitive can non-personal data be?

    • Unlike personal data, which contains explicit information about a person’s name, age, gender, sexual orientation, biometrics and other genetic details, non-personal data is more likely to be in an anonymised form.
    • However, in certain categories such as data related to national security or strategic interests such as locations of government laboratories or research facilities, even if provided in anonymised form can be dangerous.
    • Similarly, even if the data is about the health of a community or a group of communities, though it may be in anonymised form, it can still be dangerous, the committee opined.
    • Possibilities of such harm are obviously much higher if the original personal data is of a sensitive nature.
    • Therefore, the non-personal data arising from such sensitive personal data may be considered as sensitive non-personal data.

    What are the global standards on non-personal data?

    • In May 2019, the EU came out with a regulatory framework for the free flow of non-personal data.
    • It suggested that member states of the union would cooperate with each other when it came to data sharing.
    • Such data, the EU had then ruled would be shared by member states without any hindrances.
    • The authorities must inform the commission of any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement.
    • The regulation, however, had not defined what non-personal data constituted of and had simply said all data which is not personal would be under its category.

    What areas does India’s non-personal data draft miss?

    • Though the non-personal data draft is a pioneer in identifying the power, role, and usage of anonymised data, there are certain aspects such as community non-personal data, where the draft could have been clearer.
    • Non-personal data often constitute protected trade secrets and often raises significant privacy concerns.
    • The paper proposes the nebulous concept of community data while failing to adequately provide for community rights.
    • Other experts also believe that the final draft of the non-personal data governance framework must clearly define the roles for all participants, such as the data principal, the data custodian, and data trustees.

    Conclusion

    • Regulation must be clear, and concise to provide certainty to its market participants, and must demarcate the roles and responsibilities of participants in the regulatory framework.
    • The report is unclear on these counts and requires public consultation and more deliberation.

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  • Foreign Policy Watch: India-Nepal

    India’s Military Ties with Nepal

    Explained | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Ex. Surya Kiran

    Mains level: India-Nepal military ties

    Soldiers from Nepal form a significant part of the Indian Army’s legendary Gurkha regiment. Here is a brief explainer on the origin and evolution of these ties.

    Practice question for mains:

    Q.“India has special and time-tested military ties with Nepal”. Analyse.

    India’s military ties with Nepal: The origin

    • India’s military connection with the Himalayan country goes back to the reign of Maharaja Ranjit Singh whose army in Lahore enlisted Nepalese soldiers called Lahure or soldiers of fortune.
    • British India raised the first battalion of the Gurkha Regiment as the Nasiri regiment on April 24, 1815.
    • By the time the First World War started, there were 10 Gurkha regiments in the British Indian Army.
    • When India got freedom, these regiments were divided between the British and Indian armies as per the Britain–India–Nepal Tripartite Agreement signed in November 1947.
    • Six Gurkha regiments with a lakh-odd soldier came to India, which went on to raise another regiment called 11 Gurkha Rifles who chose not to transfer to the British Army.

    Can Nepali citizens join the Indian Army?

    • Yes, any Nepali can join the Indian Army, both as a jawan and as an officer.
    • A citizen of Nepal can take the NDA or CDS exams and join the Indian Army as an officer.
    • Col Lalit Rai, who received a Vir Chakra for the bravery of his battalion, the 1/11 Gurkha Rifles, during the Kargil war, is one such officer of Nepalese descent.
    • The Nepalese army also sends its officers for training to India’s military academies and combat colleges.

    Do the soldiers from Nepal enjoy the same rights as the Indian troops?

    • Yes, they enjoy the same benefits as the India troops both during service and after retirement.
    • They get the same medical facilities as the Indian soldiers, and often medical teams from the Indian Army tour Nepal.
    • Unlike the British, who started giving the Nepalese soldiers pension only a few years ago, the Indian Army has never discriminated against the Nepalese soldiers, who can avail of healthcare facilities in India as well.
    • The Indian Army also runs welfare projects in Nepal villages, including small water and power projects.

    The honorary chief of the Nepalese army

    • Yes, this convention dates back to 1972 when then Field Marshal Sam Manekshaw, a Gurkha regiment officer, fondly called Sam Bahadur by his troops, was made the honorary chief of the Nepalese army.
    • Ever since the Army chief of India is the honorary chief of the Nepalese army and vice-versa.

    Joint exercises

    • Joint military exercise ‘SURYA KIRAN is an annual event which is conducted alternatively in Nepal and India.
    • It is an important exercise in terms of the security challenges faced by both nations in the realm of changing facets of global terrorism.

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  • Electoral Reforms In India

    Election Commission (EC)’s power to delay elections

    Explained | Polity | Mains Paper 2: Representation Of People’s Act

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Presidents rule, ECI

    Mains level: ECI's power of conducting elections

    Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

    This newscard contains some interesting facts related to conduct and postpone of elections.

    EC’s power to hold elections

    • The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
    • The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
    • In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

    Powers to delay

    • An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
    • Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
    • But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
    • In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
    • As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

    So can EC postpone elections in Bihar under Section 153 of the RP Act?

    • Powers under Section 153 can be exercised only after an election schedule has been notified.
    • If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
    • The Commission will have to inform the government of its inability to hold polls on time.
    • The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

    Back2Basics

    https://www.civilsdaily.com/news/explained-presidents-rule-in-maharashtra/

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  • NPA Crisis

    Need for a Bad Bank

    Explained | Economics | Mains Paper 3: Indian Economy

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Bad Banks

    Mains level: Asset reconstructions post NPA buzz

    The idea of setting up a bad bank often comes up for debate, especially when stress in the banking sector is projected to rise in the near term.

    Practice question for mains:

    Q. What is a Bad Bank? Discuss how it can rescue the covid induced bad loans in India.

    COVID induced NPAs

    • Several economists and agencies project a recession in the Indian economy this year, due to the adverse effects of Covid-19 on economic activity.
    • This will hit the banking and financial sector in particular, as a slump in earnings of companies and individuals could lead to a jump in NPAs, reversing the early trends.
    • Various analysts suggest that in a couple of years, the proportion of stressed assets in the banking system could jump to as high as 18 per cent from around 11 per cent at present.
    • To tackle this upcoming challenge, the banking industry has proposed the setting up of a government-backed bad bank.

    What is the Bad Bank?

    • A bad bank is a bank set up to buy the bad loans and other illiquid holdings of another financial institution.
    • The entity holding significant NPAs will sell these holdings to the bad bank at market price.
    • By transferring such assets to the bad bank, the original institution may clear its balance sheet—although it will still be forced to take write-downs.
    • A bad bank structure may also assume the risky assets of a group of financial institutions, instead of a single bank.

    What is the recent proposal of a bad bank?

    • The banking sector, led by the Indian Banks Association (IBA), had in May submitted a proposal for setting up a bad bank to the finance ministry and the RBI.
    • The IBA proposed for having equity contribution from the government and the banks.
    • This was based on an idea proposed by a panel on faster resolution of stressed assets in public sector banks headed by former PNB Chairman Sunil Mehta.
    • This panel had proposed an asset management company (AMC), ‘Sashakt India Asset Management’, for resolving large bad loans two years ago.
    • There were talks about creating a bad bank in 2018 too, but it never took shape.

    What kind of NPA spike is expected during this outbreak?

    • The impact of Covid-19 and the associated policy response is likely to result in an additional Rs 1,67,000 crore of debt from the top 500 debt-heavy private sector borrowers turning delinquent between FY21 and FY22.
    • Given that 11.57 per cent of the outstanding debt is already stressed, the proportion of stressed debt is likely to increase to 18.21 per cent of the outstanding quantum.

    What is the government’s view over Bad Banks?

    • While the finance ministry has not formally submitted its view on the proposal, senior officials have indicated that it is not keen to infuse equity capital into a bad bank.
    • The government’s view is that bad loan resolution should happen in a market-led way, as there are many asset reconstruction companies already operating in the private space.
    • The government has significantly capitalized state-owned banks in recent years and pursued consolidation in the PSU banking space.
    • In the last three financial years, the government has infused equity of Rs 2.65 lakh crore into state-owned banks.
    • These steps, along with insolvency resolution under the IBC, are seen as adequate to tackle the challenge of bad loans.

    What is the RBI view?

    • The RBI has so far never come out favourably about the creation of a bad bank with other commercial banks as main promoters.
    • Former RBI Governor Raghuram Rajan had opposed the idea of setting up a bad bank with a majority stake by banks, arguing it would solve nothing.
    • Rajan argued that a government-funded bad bank would just shift loans “from one government pocket (the public sector banks) to another (the bad bank) and did not see how it would improve matters”.
    • Indeed, if the bad bank were in the public sector, the reluctance to act would merely be shifted to the bad bank.
    • Alternatively, if the bad bank were to be in the private sector, the reluctance of public sector banks to sell loans to the bad bank at a significant haircut would still prevail.

    Alternatives to a bad bank

    • Many experts argue that the enactment of IBC has reduced the need for having a bad bank, as a transparent and open process is available for all lenders to attempt insolvency resolution.
    • The view is that an IBC-led resolution, or sale of bad loans to ARCs already existing, is a better approach to tackle the NPA problem rather than a government-funded bad bank.

    Former RBI Deputy Governor Viral Acharya has proposed two models:

    1) Private Asset Management Company

    • The first model is a Private Asset Management Company (PAMC) which would be suitable for sectors where the stress is such that assets are likely to have economic value in the short run, with moderate levels of debt forgiveness.

    2) Setting up National Asset Management Company (NAMC)

    • The second model is a NAMC for sectors where the problem is not just of excess capacity, but possibly also of economically unviable assets in the short- to medium-term, such as in the power sector.
    • The NAMC would raise debt for its financing needs, keep a minority equity stake for the government, and bring in asset managers such as ARCs and private equity to manage and turn around the assets.

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  • Electoral Reforms In India

    Postal Ballots in Elections

    Explained | Polity | Mains Paper 2: Representation Of People’s Act

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Postal ballot

    Mains level: Ensuring transparency in elections

    The Election Commission has announced that it will allow those above the age of 65 as well as those under home or institutional quarantine to vote using postal ballots during the Bihar elections. Opposition parties are unhappy with the move and termed it unconstitutional.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is Postal Voting?

    • A restricted set of voters can exercise postal voting.
    • Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.

    Who can avail of this facility?

    • Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post.
    • In other words, they can’t vote in person. Voters under preventive detention can also vote only by post.
    • Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker of the House and government officers on poll duty have the option to vote by post.
    • But they have to apply through a prescribed form to avail this facility.

    What about absentee voters?

    • Recently, the Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.
    • These are voters employed in essential services and unable to cast their vote due to their service conditions.
    • Currently, officials of the Delhi Metro Rail Corporation, Northern Railway (Passenger and Freight) Services and media persons are notified as absentee voters.
    • Last month, senior citizens above the age of 65 and voters who test positive for COVID19 or are suspected to be COVID-affected were allowed to cast their vote by post.

    How are votes recorded by post?

    • The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
    • This is done so that the ballot papers reach the concerned voter well before the polling date and she has enough time to send it back before the counting day.
    • Postal ballot papers for members of the Armed Forces are sent through their record offices.
    • For members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses, the ballot paper can be sent through post or electronically.
    • For remaining categories ballot papers can be delivered personally or through the post.

    Why political parties are divided over postal ballots?

    • Opposition parties are not against postal ballots.
    • They have objected to the EC’s decision to allow voters aged 65 and above and those infected or suspected to be infected with COVID19 to vote via postal ballots.
    • This change was effected without consulting political parties.
    • They fear that the move will lead to malpractices and foul play by those parties which are in power and having resources.

    Issues with the recent move

    • Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others.
    • This will end up disclosing their preferred candidate.
    • This also exposes them to “administrative influence or influence by the Government or the ruling party”.

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  • Innovations in Biotechnology and Medical Sciences

    What is Raman Spectroscopy?

    Explained | Science Tech | Mains Paper 3: Achievements Of Indians In S&T,Awareness in various sc and tech fields

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Scattering of light

    Mains level: Paper 3- Raman spectroscopy

    Mumbai-based researchers have turned to Raman Spectroscopy to detect RNA viruses present in saliva samples.

    Try this question from CSP 2017
    Q.Which Indian astrophysicist and Nobel laureate predicted rapidly rotating stars emit polarized light?
    (a) Subrahmanyan Chandrasekhar
    (b) CV Raman
    (c) Ramanujan
    (d) Amartya Sen

    The Raman Spectroscopy

    • Raman spectroscopy is an analytical technique where scattered light is used to measure the vibrational energy modes of a sample.
    • In 1928, Raman discovered that when a stream of light passes through a liquid, a fraction of the light scattered by the liquid is of a different colour.
    • While Raman was returning from London in a 15-day voyage, he started thinking about the colour of the deep blue Mediterranean.
    • He wasn’t convinced by the explanation that the colour of the sea was blue due to the reflection of the sky.
    • As the ship docked in Bombay, he sent a letter to the editor of the journal Nature, in which he penned down his thoughts on this.
      Subsequently, Raman was able to show that the blue colour of the water was due to the scattering of the sunlight by water molecules.
    • By this time he was obsessed with the phenomenon of light scattering.

    How does it work?

    • The Raman Effect is when the change in the energy of the light is affected by the vibrations of the molecule or material under observation, leading to a change in its wavelength.
    • Significantly, it notes that the Raman effect is “very weak” — this is because when the object in question is small (smaller than a few nanometres), the light will pass through it undisturbed.
    • But a few times in a billion, light waves may interact with the particle. This could also explain why it was not discovered before.
    • In general, when light interacts with an object, it can either be reflected, refracted or transmitted.
    • One of the things that scientists look at when light is scattered is if the particle it interacts with is able to change its energy.

    Applications

    • Raman spectroscopy is used in many varied fields – in fact, any application where non-destructive, microscopic, chemical analysis and imaging is required.
    • Whether the goal is qualitative or quantitative data, Raman analysis can provide key information easily and quickly.
    • It can be used to rapidly characterize the chemical composition and structure of a sample, whether solid, liquid, gas, gel, slurry or powder.

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  • Foreign Policy Watch: India-Russia

    Explained: In India-China, the Russia role

    Explained | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: RIC

    Mains level: India-China border skirmishes and its de-escalation

    Russia has emerged, all of a sudden, as a key diplomatic player amid the tension between India and China. It is set to host the Russia-India-China (RIC) trilateral foreign ministers’ meeting.

    Practice question for mains:

    Q. In pursuit of a ‘Special Strategic Partnership’ with the US, India has compromised its ties with Russia. Discuss.

    Raksha Mantri stepping in at RIC

    • Tensions being at the peak, India will discuss supply and purchase of new defence systems — like the S-400 missile defence system — with the Russian top brass in the military and government.
    • India has made this decision to reach out to Russia not just out of choice, but also out of necessity.
    • Moscow has leverage and influence to shape and change Beijing’s hard stance on the border issue.

    Russia: A mediator for both

    • While India and China have been talking at each other — and not to each other — the outreach to Moscow is noteworthy.
    • It is widely known that Russia and China have grown their relationship in the past few years.
    • The Moscow-Beijing axis is crucial, especially since Washington has been at loggerheads with China in recent months and Russia much more calibrated, even in its response on the Covid-19 outbreak.

    Sino-Russian ties: A response to US

    • Russia and China have had a rocky start to their relationship after Mao Zedong founded the People’s Republic of China.
    • When Mao made his first visit to Moscow after winning control of China, in 1949, he was made to wait for weeks for a meeting with the Soviet leader.
    • During the Cold War, China and the USSR were rivals after the Sino-Soviet split in 1961, competing for control of the worldwide Communist movement.
    • There was a serious possibility of a major war in the early 1960s and a brief border war took place in 1969.
    • This enmity began to reduce following Mao’s death in 1976, but relations were not very good until the fall of the Soviet Union in 1991.

    India and Russia

    • India has a historical relationship with Russia, spanning over seven decades.
    • While the relationship has grown in some areas and atrophied in some others, the strongest pillar of the strategic partnership is of the defence basket.
    • Although New Delhi has consciously diversified its new purchases from other countries, the bulk of its defence equipment is from Russia.
    • Estimates say 60 to 70 per cent of India’s supplies are from Russia, and New Delhi needs a regular and reliable supply of spare parts from the Russian defence industry.
    • In fact, Prime Minister Modi has held informal summits with only two leaders — Xi and Putin.

    Russia position: then & now

    • During the Doklam crisis in 2017, Russian diplomats in Beijing were among the few briefed by the Chinese government.
    • While Russia’s position during the 1962 war was not particularly supportive of India, New Delhi takes comfort in Moscow’s support during the 1971 war.
    • On the events in Galwan, Moscow responded in a much-calibrated manner.
    • Kremlin has expressed its concerns over a clash between the military on the border between China and India but believes that the two countries could resolve this conflict themselves.

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