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CONTENTS
Part One FORCED RELIGIOUS CONVERSION
#Religious Conversion #Rights #Propagation 22

Current Affairs Analysis KERALA GOVERNOR WITHDRAWS HIS PLEASURE


#Governor #Doctrine of Pleasure #Sarkaria Commission
#Punchhi Commission 24
02 RENEWED CALL FOR UNIFORM CIVIL CODE
#Uniform Civil Code #Law Commission 27
ECONOMIC DEVELOPMENT
MID-TERM ELECTIONS IN UNITED STATES
# G S P a p e r ( P r e l i m s) & G S P a p e r I I I ( M a i n )
#Elections #Comparative Constitution 30
FRAMEWORK FOR SOVEREIGN GREEN BONDS
UNRESTRICTED STATE SURVEILLANCE
#Sustainability #Inclusive growth 02
#Rights #Surveillance 32
NATIONAL INVESTMENT & INFRASTRUCTURE FUND (NIIF) REPUGNANCY OF STATE LAWS ON VC-APPOINTMENT
#Infrastructure Financing 06 #Repugnancy #Article 254 #Harmonious Construction 34
CENTRAL BANK DIGITAL CURRENCY 07 FOLLOWING UK MODEL ON TREATY RATIFICATION

NATIONAL MISSION ON NATURAL FARMING #Treaty Implementation #Comparative Constitution #Article


253 36
#Agriculture 08
CENTRE-STATE COLLABORATION NEEDED FOR POLICE
PERPETUAL FUNDS/PERPETUAL CAPITAL VEHICLE REFORMS #Centre-State Relations #Police Reforms #CBI 39
#Private Equity 10
EXECUTIVE VERSUS JUDICIARY
BRIDGETOWN INITIATIVE #Judicial Appointment #Collegium #NJAC 41
#Sustainable Finance 10 6TH CRM ON MGNREGA – 2022

AUDIT QUALITY INSPECTION GUIDELINES #MGNREGA#CRM-Recommendations 45

#Corporate Governance 11 PAHARIS INCLUDED WITHIN SCHEDULED TRIBE


#Scheduled Tribe #Pahari 48
ANIC INITIATIVE
GOVT APPOINTS NEW LAW COMMISSION CHAIRPERSON
#Schemes 12
#Law Commission #22nd Law Commission of India 49
NETWORK READINESS INDEX
PRACTICE QUESTIONS 51
#Digital Infrastructure 12

PRACTICE QUESTIONS 12
52
14 INTERNATIONAL RELATIONS & Security
# GS P a p e r ( P r e l i m s ) & G S P a p e r I I & I I I ( M a i n )
CONSTITUTION, POLITY AND GOVERNANCE INDIA-US TRADE RELATIONS
# G S P a p e r ( P r e l i m s) & G S P a p e r I I ( M a i n ) #Bilateral Relations 52
CONSTITUTION BENCH JUDMENT ON EWS G20 SUMMIT @ BALI
#EWS #Reservation #Economic Criteria #Indra Sawhney 14 #Multilateralism 54
DRAFT DIGITAL PERSONAL DATA PROTECTION BILL, 2022 INDIA AND G20
#Data Privacy #DPDP Bill #Rights 17 #Indian Foreign Policy 55

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INDIA AND MIDDLE EAST JUST ENERGY TRANSITION PARTNERSHIP 74


#Geopolitics 56 GLOBAL SHIELD FINANCING FACILITY 74
INDIA – QATAR RELATIONS COP 19 OF CITES
#Bilateral 57 #biodiversity #conservation 74
NO MONEY FOR TERROR RELAXATION ON DALBERGIA SISSOO 75
#Terrorism 59 ENHANCED PROTECTION TO LEITH’S SOFT-SHELLED
MOSCOW FORMAT TURTLE 76
#Geopolitics 61 RED CROWNED ROOFED TURTLE (BATAGUR KACHUGA) 76
PRACTICE QUESTIONS 61 JEYPORE HILL GECKO 76
SENNA SPECTABILIS
#Protected Areas #Biodiversity 76
63 RHINO HORNS ARE SHRINKING DUE TO THE IMPACT OF
HUNTING #Fauna #Biodiversity 77
SOCIETY AND SOCIAL JUSTICE
AMUR FALCONS
# GS P a p e r I & G S P a p e r I I ( M a i n)
#avian diversity 78
POCSO ACT
MAUNA LOA WORLD’S LARGEST ACTIVE VOLCANO
#Child Sexual Harassment 63
#volcano #locations 79
NATIONAL POPULATION POLICY
CARBON BORDER ADJUSTMENT TAX
#Population Policy 64
#Climate Change 79
NATIONAL SUICIDE PREVENTION STRATEGY
'123 PLEDGE'
#Mental Health 65
#Sustainability 80
PRACTICE QUESTIONS 68
NATIONAL BIOENERGY PROGRAM
#Schemes 80

69 PRACTICE QUESTIONS 80

Geography, Environment, Biodiversity &


82
Disaster Management
# GS P a p e r ( P r e l i m s ) a n d GS P a pe r I & I I I ( M a i n ) SCIENCE & TECHNOLOGY
COP-27 OF UNFCCC # GS P a p e r ( P r e l i m s ) & G S P a p e r I I I ( M a i n)
#climatechange 69 GOLD NANOPARTICLES
LOSS & DAMAGE FUND 70 #Nanotechnology 82

MITIGATION WORK PROGRAM (MWP) 70 RUSSIA OFFERS ADVANCED NUCLEAR FUEL FOR
KUDANKULAM REACTOR
NEW COLLECTIVE QUANTIFIED GOAL (NCQG) ON CLIMATE
FINANCE 70 #Nuclear Technology #Physics 88

SANTIAGO NETWORK 71 SARAS 3 TELESCOPE


#Space Technology #Physics 90
GLOBAL GOAL ON ADAPTATION 71
INDIA’S FIRST PRIVATE VEHICLE LAUNCHPAD
EARLY WARNING FOR ALL INITIATIVE 71
#Space Technology #Physics 91
FINANCES 71
NEW ARTIFICIAL PHOTOSYNTHETIC SYSTEM TO CAPTURE
CLIMATE TECHNOLOGY CENTRE AND NETWORK (CTCN)
SOLAR ENERGY #Nanotechnology #Physics 91
71
ISRO LAUNCHES NINE SATELLITES ABOARD PSLV-C54
FOREST AND CLIMATE LEADERS’ PARTNERSHIP (FCLP) 72
#Space Technology #Physics 92
UNFCCC REDD+ Info Hub. 72
SMALL MODULAR REACTORS
MANGROVE ALLIANCE FOR CLIMATE 72
#Nuclear Power #Physics 94
METHANE ALERT AND RESPONSE SYSTEM (MARS) 73

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NavIC LACHIT BORPHUKAN (1622-72)


#Space Technology 95 #medievalhistory #personalities 107

ARTEMIS MISSION NATIONAL TRIBAL DANCE FESTIVAL


#SPACE 98 #fairs&festivals 108
WHO RELEASES FIRST-EVER LIST OF HEALTH-THREATENING PRACTICE QUESTIONS 108
FUNGI #Health #Biotechnology 99

PRACTICE QUESTIONS 100


Part TWO
101 Ethics, Integrity and
HISTORY, HERITAGE & CULTURE Aptitude
# GS P a p e r ( P r e l i m s ) & G S P a p e r I ( M a i n )
TIPU SULTAN 111
#modernhistory #personalities 101
MEDIA ETHICS
MANGARH DHAM #Ethics #Integrity #Aptitude 111
#tribalhistory #modernindia 102 CASE STUDIES for Practice
GURU GOBIND SINGH MAINS GS PAPER IV 115
#medievalindia #sikhism #personalities 102
NADAPRABHU KEMPEGOWDA
#medievalindia #personalities 103 Part Three
KASHI TAMIL SANGAMAM
#medievalindia #religion 103 Essays of the month
BIRSA MUNDA & MUNDA REBELLION
#modernindia #tribalrevolts #personalities 104 118
SUBHASH CHANDRA BOSE FULFILMENT OF NEW WOMEN IS A MYTH # Women
#Personalities #Modern History 105 issues SUBMITTED BY: HENNA N AHAMMED 119
KAMBALA & BOTA KOLA WHITHER INDIAN DEMOCRACY #Polity
#indianculture #artforms #traditionalsports 106 SUBMITTED BY: SUMIT NARANG 121
KHUDIRAM BOSE WHEN FREE SPEECH IS TRULY FREE #Democracy#Ethics
#modernindia #revolutionary 106 SUBMITTED BY: SUSHANT BHARGAV 125
GURU TEGH BAHADUR
#medievalindia #bhaktimovement 107

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Part ONE

Current
affairs
analysis
logical .simple .targeted
analysis & explanation
of all relevant news of the month

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ECONOMIC DEVELOPMENT
# GS Paper (Prelims) & GS Paper III (Main)

FRAMEWORK FOR
• ‘Green debt securities’ have been defined by SEBI as
a debt security issued for raising funds that are to be

SOVEREIGN GREEN BONDS utilised for projects and assets falling under
following categories:
#Sustainability #Inclusive growth o Renewable & sustainable energy including wind,
solar, bioenergy, other sources of energy which
Union Budget 2022-23 announced the issue of Sovereign use clean technology.
Green Bonds for mobilising resources for green o Clean transportation including mass/public
infrastructure. The proceeds of Sovereign Green Bonds will be transportation.
deployed in public sector projects which will help in reducing o Sustainable water management including clean
the carbon intensity of the economy. Department of Economic and drinking water, water recycling.
Affairs under Ministry of Finance has issued Sovereign Green
o Climate change adaptation.
Bonds framework to provide clarity to investors.
o Energy efficiency including efficient and green
SOVEREIGN GREEN BOND FRAMEWORK
buildings.
• This Green Bond Framework sets forth obligations of o Sustainable waste management including
Government of India as a Green Bond issuer. recycling, waste to energy, efficient disposal of
• The Framework applies to all sovereign Green Bonds wastage.
issued by the Government of India. o Sustainable land use including sustainable
• Payments of principal and interest on the issuances forestry and agriculture, afforestation.

under this Framework are not conditional on the o Biodiversity conservation.


performance of the eligible projects. o A category as may be specified by the Board, from
time to time.
• Investors in bonds issued under this Framework do not
bear any project related risks. Note: Sovereign Gold Bond Framework is not regulated
by SEBI.
• The framework is designed to comply with ICMA Green
ICMA GREEN BOND PRINCIPLES (GBP)
Bond Principles.
The Green Bond Principles are voluntary process
GREEN BONDS guidelines that recommend transparency and
• Green Bonds are any type of bond instrument where disclosure and promote integrity in the development of
the proceeds or an equivalent amount will be Green Bond market by clarifying the approach for
exclusively applied to finance or re-finance, in part issuance of a Green Bond.
or in full, new or existing eligible Green Projects. Green Bond Principles have been released by
• In India, SEBI regulates the issuance of Private Green International Capital Market Association (ICMA).
Bonds issuance. • GBP provides:

FOCUS | DECEMBER 2022 | RAU’S IAS 2

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Economic Development

o Issuers with guidance on the key components CICERO SHADES OF GREEN


involved in launching a credible Green Bond. CICERO Shades of Green provides independent,
o Aid investors by promoting availability of research-based evaluations of green bond and
information necessary to evaluate environmental sustainability financing frameworks to determine their
impact of their Green Bond Investments. environmental robustness and how well a green bond
o Assist underwriters by offering vital steps that will aligns with a low carbon resilient future.
facilitate transactions that preserve the integrity Second opinions under CICERO Shade of Green are
of the market. graded:
• Four core components for alignment with GBP are: 1. Light Green: Allocated to transition activities that do
o Use of proceeds for eligible Green projects. not lock in emissions. These projects reduce
emissions or have other environmental benefits in
o Process for Project Evaluation & Selection
near term rather than representing low carbon and
o Management of proceeds climate resilient long-term solutions.
o Reporting
2. Medium Green: Allocated to projects that represent
• Key recommendations for heightened transparency significant steps towards long-term vision but are
are: not quite there yet.
o Green Bond Frameworks 3. Dark Green: Allocated to projects that correspond
o External Reviews to long-term vision of a low carbon and climate
resilient future.

CORE COMPONENTS OF FRAMEWORK

Green Project Environmental


Eligibility Criteria
Category Objective

Mitigation • Investments in solar/wind/biomass/hydropower projects that integrate


Renewable
Net Zero energy generation & storage.
Energy
Objectives • Incentivisation adoption of renewable energy.

• Design and construction of energy-efficient and energy-saving systems and


installations in government buildings and properties.
• Supporting public lighting improvements (Ex. Replacement with LEDs)
Energy Efficiency Mitigation
• Supporting construction of new low-carbon buildings and energy-efficient
retrofits to existing buildings
• Projects to reduce electricity grid losses.

• Promote public transport including its electrification and transport safety.


Clean
Mitigation • Subsidies to adopt clean fuels like electric vehicles including building charging
transportation
infrastructure.

Projects aimed at making infrastructure resilient to impacts of climate change


Climate Change
Adaptation and investments in information support systems, such as climate observation
Adaptation
and early warning systems.

FOCUS | DECEMBER 2022 | RAU’S IAS 3

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Economic Development

• Promoting water efficient irrigation systems.


Sustainable • Installation/upgradation of wastewater infrastructure including transport,
Water & Waste Mitigation treatment and disposal systems.
Management • Water resources conservation.
• Flood defence systems.

Mitigation
Pollution Projects targeting reduction of air emissions, greenhouse gas control, soil
prevention & remediation, waste management, prevention, recycling and reduction;
control Environment energy/emission-efficient waste-to-energy
protection

Projects related to buildings that meet regional, national or internationally


Green Buildings Mitigation
recognised standards or certifications for environmental performance.

Sustainable • Environmentally sustainable management of agriculture, animal husbandry,


Management of Natural fishery & aquaculture.
Living Natural Resource • Sustainable forestry management including afforestation/reforestation.
Resources & Conservation • Support to certified organic farming.
Land Use
• R&D on living resources & biodiversity protection.

Terrestrial &
• Projects related to coastal & marine environments.
Aquatic Biodiversity
• Projects related to biodiversity preservation including conservation of
Biodiversity Conservation
endangered species, habitats and ecosystems.
Conservation

EXCLUDED PROJECTS GREEN FINANCE WORKING COMMITTEE (GFWC)


• Projects involving new or existing extraction, • Ministry of Finance has constituted GFWC which will be
production and distribution of fossil fuels. chaired by Chief Economic Advisor, Government of
• Nuclear power generation India. It will also have representation from relevant line
ministries.
• Direct waste incineration
• GFWC will meet at least twice a year to support Ministry
• Alcohols, weapons, tobacco, gaming or palm oil
of Finance with selection and evaluation of projects and
industries
other relevant work related to the Framework.
• Renewable energy projects using biomass as feedstock
• Functions of GFWC
originating from protected areas.
o Select green projects that fall into one or more
• Landfill projects
eligible project categories under this framework
• Large hydropower projects (> 25 MW).
o Allocation of proceeds shall be reviewed in a time-
Note: Despite exclusion of fossil fuel expenditures. bound manner by GFWC to ensure that allocation of
Investments/expenditures aimed at a relatively cleaner proceeds is completed with 24 months.
CNG is allowed as an ‘eligible expenditure’ when used in
o In case of postponement or cancellation of an
public transportation projects only. However,
eligible green project, it shall be replaced with
subsidy/incentive for private transportation using CNG is
another eligible green project.
not included.

FOCUS | DECEMBER 2022 | RAU’S IAS 4

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Economic Development

o An annual report on allocation of proceeds to o Alignment of eligible procedures with stated


eligible projects along with description of projects objectives, Description of projects and their status of
financed, status of implementation and unallocated implementation.
proceeds will be brought out by GFWC. o Total quantum of proceeds generated, allocated &
o Impact of projects in respect of reduction in carbon remaining.
intensity and environmental benefits will be o Impact Reporting: Expected impact of projects in
assessed and reported by GFWC. quantitative indicating reduction in carbon intensity,
PRINCIPLES OF SELECTION OF GREEN PROJECTS BY other environmental benefits and social co-benefits.
GFWC • Allocation and utilisation of Green Bonds is under
• Eligible green expenditures are mapped to purview of audit of CAG.
environmental objectives of ICMA Green Bond EXTERNAL REVIEW
principles, UN SDGs and must be in accordance with
• This Green Bond Framework has been reviewed by
the Framework.
CICERO and is also aligned with ICMA Green Bond
• Eligible Green Expenditures must have alignment with Principles.
environmental policies. Additionally, all such
• Government will engage a third-party external reviewer
expenditures will adhere to minimum social safeguards
to provide an annual assessment on the alignment with
as according by Constitution and laws of the country.
the framework’s criteria.
MANAGEMENT OF PROCEEDS
BENEFITS OF SOVEREIGN GREEN BONDS
• The proceeds will be deposited to Consolidated Fund
• Growing popularity of green bonds allows sovereign to
of India (CFI) and then funds from CFI will be made
issue SGBs having longer maturity (Due to longer
available for eligible green projects.
horizon of green projects) and at a low borrowing cost
• For the purposes of ensuring that the proceeds vis-a-vis vanilla sovereign bond (‘Greenium’, or green
allocation and accounting is transparent and clear, a premium, refers to pricing benefits based on the logic
separate account will be created and maintained by
that investors are willing to pay extra or accept lower
Ministry of Finance, Government of India.
yields in exchange for sustainable impact).
• Public Debt Management Cell will keep a track of • Pricing of SGBs is not reliant on underlying return on
proceeds within existing guidelines regarding debt
investment of projects, but rather sovereign risk/rating.
management and monitor allocation of funds towards
• Since proceeds from issuing SGBs are channelled
eligible green expenditures.
towards green projects, commitment to finance green
• Green Register: Ministry of Finance will set up a projects could send signal and improve reputation of
dedicated information system for maintaining a
sovereign lending to better prices for sovereign's non-
complete Green Register which will include details of green bonds.
green bond issuance, proceeds generated, allocations
• By issuing SGBs, the sovereign can reduce the cost of
made to eligible projects.
capital for green projects by attracting new investors
REPORTING who are interested in green investments.
For transparent reporting on allocation of proceeds of
• Opportunity to demonstrate moral leadership on
Sovereign Green Bonds and environmental impact of climate change.
projects funded by proceeds of Sovereign Green Bonds
CHALLENGES TO SOVEREIGN GREEN BONDS
following steps will be taken:
• Narrow investor base for green bonds and particularly
• Allocation Report will be updated annually until full
sovereign green bonds in the emerging and developing
allocation of proceeds of outstanding Green Bonds and
economies.
will be brought under the supervision of GFWC. The
annual report will consist of: • Absence of an international set of guidelines as to what
constitutes green bonds.
o Information about issuance, list of allocated projects
to eligible projects • Risk of fund management.

FOCUS | DECEMBER 2022 | RAU’S IAS 5

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Economic Development

CONCLUSION sectors via both operating and greenfield


It is estimated that trillions of dollars would be required opportunities.
for assisting economies in countering the climate 2. Fund of Funds (FoF): Private Equity through third party
challenge. By creating a new market for climate finance managers. It is one of the largest India-dedicated Fund
through SGBs, governments can not only safeguard from of Funds program globally. It invests in funds managed
climate-change related issues but can also support their by best-in-class fund managers focused on some
Paris Agreement commitments. sectors such as climate infrastructure, middle-income
& affordable housing, digital consumer platforms and
other allied sectors.
NATIONAL INVESTMENT & 3. Strategic Opportunities Fund (SoF): It is a direct

INFRASTRUCTURE FUND growth equity fund. It has been established to provide


long-term capital to high-growth future ready

(NIIF) businesses in India.


INDIA JAPAN FUND: NIIF's first bilateral fund formed
#Infrastructure Financing through an MoU between NIIF and Japan Bank for
International Development (JBIC) to promote and enhance
Union Finance Minister chaired the 5th Meeting of Governing Japanese investments in India.
Council of National Investment & Infrastructure Fund. SALIENT FEATURES
ABOUT NIIF 1. Make equity investments in environmental
• National Investment & Infrastructure Fund is a preservation and low carbon emission strategies.
collaborative investment platform for international and 2. Enhance cooperation between India & Japan by
Indian investors, anchored by Government of India. investing in strategic partnerships between Japanese
• It was similar to sovereign wealth funds established by and Indian companies and promoting business
many other countries. For ex. Singapore’s Temasek collaboration across multiple sectors in India.
Holdings, UAE’s Emirates Investment Authority etc. 3. In addition, JBIC will consider providing debt financing
• Currently, NIIF has $4.3 billion of assets under under their 'Global action for Reconciling Economic
management. growth and Environment preservation' initiative
• NIIF is mandated to always keep government as a 49% (GREEN Initiative) to investee companies of funds
minority shareholder in each of its investment funds. managed by NIIF.
The whole of 49% is contributed by government POSITIVES OF NIIF
directly. • Continued government presence acts like a sovereign
GOVERNING COUNCIL: Governing Council has been support visible to investors from abroad.
constituted to oversee the activities of NIIF. Union Finance • Despite investing in the infrastructure segment, NIIF
Minister is the Chairman of Governing Council. Functions has exercised a high level of prudence. The impact of
of Governing Council are: this prudence is that there have been no bad loans.
• Guidelines for Investment of Trust property/Corpus of • The good record of NIIF has helped draw a large bunch
NIIF. of investors in its offerings. For ex. Abu Dhabi
• Parameters for appointment and performance of Investment Authority, Temasek and banks and
investment managers/advisors. insurance companies such as SBI, Axis Bank, HDFC Life
FUNDS MANAGED BY NIIF: Currently, NIIF manages three and Kotak Life etc.
alternative investment funds (AIFs) under SEBI • Despite being a sovereign wealth fund, NIIF has a
regulations. private sector like management structure.
1. NIIF Master Fund: It is one of the largest India-focused CHALLENGES FACED BY NIIF
infrastructure fund. The fund invests in high quality Given government is mandated to keep 49% stake in all
businesses and assets across core infrastructure funds of NIIF and that government is not cash rich (share

FOCUS | DECEMBER 2022 | RAU’S IAS 6

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Economic Development

capital of NIIF is just Rs 40,000 crores), NIIF has been • As in the case of cash, CBDC-Retail will not earn any
overly cautious in its investments. interest and can be converted to other forms of money,
WAY FORWARD like deposits with banks.

• NIIF should undertake advisory activities pro-actively to • The e₹-R would offer features of physical cash like
support central & state governments to create a trust, safety and settlement finality.
pipeline of investible PPP projects. • Eight banks have been identified by RBI for
• NIIF should leverage India's attractive investment participation in this pilot. The pilot would initially cover
fundamentals to expand its operations. 4 cities: Mumbai, Delhi, Bengaluru and Bhubaneswar
and will be later extended in a phase wise manner to
• NIIF should continue discussions with investors from
other cities, banks and features of e₹-R.
countries that are keen to invest in India.
CENTRAL BANK DIGITAL CURRENCY-WHOLESALE
• NIIF should explore opportunities under National
Infrastructure Pipeline, PM GatiShakti and National (e₹-W)
Infrastructure Corridor. • Pilot e₹-W will be used for settlement of secondary
• LIC and EPFO should be allowed to become market transactions in government securities.
stakeholders in NIIF. This would significantly expand • Use of Wholesale Digital Rupee is expected to make
NIIF’s investment kitty and boost infrastructure inter-bank market more efficient. Settlement in e₹-W
financing in India. would reduce transaction costs by pre-empting the
need for settlement guarantee infrastructure or for

CENTRAL BANK DIGITAL collateral to mitigate settlement risk.


• Learnings from this pilot would help RBI to extend the
CURRENCY use cases of e₹-W for other wholesale transactions and
cross border payments.

RBI has commenced pilot launches of Digital Rupee (e₹) for • Nine banks have been authorised by RBI to participate
in this pilot.
specific use cases. First in October 2022, RBI launched first
pilot in the Digital Rupee – Wholesale segment (e₹-W) and DETAILS ABOUT CBDC

later operationalised first pilot for Digital Rupee – retail • Digital currency backed by the Central bank of a
segment (e₹-R). country. Just like currency notes issued by the Central
• Bank, the CDBC is a legal tender and accepted for the
CENTRAL BANK DIGITAL CURRENCY – RETAIL (e₹-R)
payment of various transactions within a country.
• Retail Digital Rupee would cover select locations in
• Unlike the cryptocurrencies, the CBDC is backed by the
closed user groups comprising participating customers
Central Bank and hence enjoy more amount of stability
and merchants.
and less volatility.
• e₹-R would be in the form of a digital token that • Also called as "Programmable money" as it can be
represents a legal tender. It would be issued in the programmed for certain selected users or within
same denominations that paper currency and coins are
• specific region of a country.
currently issued.
• CBDC appears as a liability on the RBI’s balance sheet.
• It would be distributed through intermediaries i.e.,
• Legality of CBDC: Finance Act 2022 has amended the
banks and users will be able to transact with e₹-R RBI Act, enabling it to introduce Central Bank Digital
through a digital wallet offered by participating banks Currency. The definition of bank note was amended
and stored on mobile phones/devices. Transactions wherein RBI was allowed to issue both physical and
can be both Person-to-Person and Person-to- digital currency by amending section 2 of RBI Act, 1934.
Merchant. TYPES OF CBDC
• Payments to merchants can be made using QR codes • Retail CBDC: CBDC that can be used for people for day-
displayed at merchant locations. to-day transactions.

FOCUS | DECEMBER 2022 | RAU’S IAS 7

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Economic Development

• Wholesale CBDC: CBDC that can be used only by


financial institutions such as Banks, NBFCs etc.

Fiat Currency CBDC Cryptocurrency Stable Coin


Issuer Central Bank Central Bank Private Entity Private Entity
Value Derives its value from Derives its value from None Value pegged to other
the guarantee the guarantee provided currency such as Diem,
provided by Central by Central Bank TruelNR (Refer to Budget
Bank Video for more details)
Legal Tender Yes Yes May be given status of May be given status of
Legal Tender Example: Legal Tender
El Salvador
Medium of Yes Yes May be allowed May be allowed.
Payment
Examples Physical Currency eDINAR, Sistema, Petro, Bitcoin, Ethereum, Diem, TruelNR, Tether etc.
Notes e-krona etc. dogecoin etc.

BENEFITS OF CBDC The pilots by RBI will provide a blueprint for further use
• Reduction is cost associated with physical cash and proliferation of CBDC.
management. Issuance of CBDC is expected to have
significant savings in security printing (seigniorage
costs).
NATIONAL MISSION ON
• Further the cause of digitalisation to achieve a less cash NATURAL FARMING
economy.
#Agriculture
• Supporting competition, efficiency and innovation in
payments.
Ministry of Agriculture & Farmers Welfare has launched the
• Use of CBDC will lead to improvements in cross-border
National Mission on Natural Farming. Government has
payments.
earlier started promoting natural farming through Bharatiya
• Lead to financial inclusion.
Prakritik Krishi Paddhati (BPKP), a sub-scheme of
• Safeguard trust of common man in the national Paramparagat Krishi Vikas Yojana (PKVY). Under BPKP, more
currency vis-à-vis proliferation of crypto assets. than 4 lakh hectare area was sanctioned in 8 States to be
• Transparency, privacy and finality of payments. brought under natural farming. However, in line with the
CHALLENGES OF CBDC vision to promote natural farming as mass movement, BPKP
is being up-scaled as 'National Mission on Natural Farming'
• Bank disintermediation: If not designed properly, CBDC
(NMNF) for implementation across the country.
may have adverse consequences for financial stability
by bank disintermediation and lead to serious ABOUT NATURAL FARMING
implications for bank’s core business. • Natural Farming is a chemical free farming system
• Technical challenges: Issues of internet connectivity, based on livestock and locally available resources and
especially in rural areas, interoperability with existing rooted in Indian tradition.
systems or cyber-attacks. • It is aimed at promoting traditional indigenous
• Financial literacy: Low financial literacy will make it practices which gives freedom to farmers from
harder for specific segments of population to access externally purchased inputs (reducing cost of
and use new technologies. This may compromise the cultivation) and is largely based on
cause of financial inclusion. o Biomass mulching
CONCLUSION o Round the year green cover

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Economic Development

o Multi-species green manuring to other compulsions are low agro-chemical usage


o Use of on-farm desi cow dung urine formulations areas.
(Ex. Bijamrit, Jivamrit, Ghanjivamrit etc.) for nutrient Once technology and practices are established and
and soil fertility management validated, mission areas will spread to other areas &
o Use of diversity states.

o Multicropping systems • Implementing agency: States can identify & designate


any agency (State Govt/NGOs etc.) at their discretion
o Onfarm made botanical extracts for plant protection
for implementation. However, Centre has suggested
o Maintaining soil aeration
ATMA network as ideal implementing agency.
o Exclusion of all purchased synthetic chemical inputs
• Identification and capacity building of Master Trainers
directly or indirectly.
• Identification of Gram Panchayats/Villages: States shall
BENEFITS OF NATURAL FARMING
prepare a comprehensive database of natural farming
• Sustainability of the system. practitioners in Panchayats and villages. Only
• Natural resource conservation. GPs/villages having minimum of one such practicing
natural farmers will be selected for roll out of natural
• Soil health rejuvenation.
farming cluster.
• Harnessing potential of unexplored indigenous cattle.
• Identification of champion farmer: States in
• Reduction in chemical fertilisers use.
consultation with Gram Panchayats shall identify
• Reduction of subsidy burden on exchequer. natural farming practitioners which are full time
OBJECTIVES OF NMNF successful natural farmers with their entire land
• Promote alternative system of farming for freedom holding under natural farming since last 2-3 years.
from external purchased inputs, cost reduction leading • Farmer Field School: One Farmer Field School shall be
to increased income of farmers. organised in each village to awareness creation about
• Popularise integrated agriculture-animal husbandry natural farming. States need to try to adopt saturation
models based on desi cow and local resources. strategy and aim to create at least 50 farmer-cluster in
each of GP.
• Collect, validate and document Natural Farming
practices in various parts of the country and to • Formation of cluster: 50 farmers or more covering 50
encourage participatory research with farmers. ha area shall form a natural farming cluster. In cases
where farmers are offering area, less than 1 ha then a
• Awareness creation, capacity building, promotion &
greater number of farmers can be included. Only the
demonstration of natural farming.
willing farmers those commit to adopt natural farming
• Create standards, certification procedure and branding on long term basis be considered for registration as
for Natural Farming products for domestic & cluster members.
international markets.
• FPO formation for farmers practicing Natural Farming:
IMPLEMENTATION OF NMNF 500 FPOs dedicated for Natural Farming.
• NMNF will be a demand driven program where States • Certification of Natural Farming through Natural
to prepare a long-term perspective plan with year-wise Farming Recognition System (NFRS): All clusters shall
targets and goals. be subjected to certification under Natural Farming
• Focus Area: Recognition System. Certification shall start from 2nd
(i) Area falling under 5 km corridor on either side of year onwards once the clusters are constituted and the
Ganga River will be accorded highest priority. members have committed to adopt natural farming on
continuity through signing of pledge. Government will
(ii) Rainfed areas and areas where there was traditionally
provide a sum of Rs 1000 per hectare per year per
low or no fertiliser users or default Natural Farming
cluster for physical verification, certification
areas. Such areas are confined to hilly, tribal, high
endorsement and certificate issuance.
forest land districts and remotely located districts due

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Economic Development

• Financial incentives: Financial assistance of Rs 5000 per in line with global standards in India. Venture fund industry
hectare per year will be provided for three years will be has proposed these changes to M Damodaran committee
provided to farmers as DBT as assistance for creation formed by Ministry of Finance.
of on-farm input production infrastructure. A sum of Rs • A permanent capital vehicle is an investment entity
2000 per hectare will provided to states for taking up created for managing permanent capital, or capital
publicity, market development, soil health tracking and available for an unlimited time horizon.
local R&D support.
• Perpetual capital vehicle (PCV) is structured in a way
CHALLENGES TO NATURAL FARMING where funds do not come with drawdowns, capital
A group of agricultural experts from the National calls, exit deadlines and other traditional features of
Academy of agricultural sciences (NAAS) have questioned PE-VC funds that have a fixed fund cycle or life.
ZBNF on multiple grounds. • PCVs will unlock capital flows from long-term investors
• Low Awareness among Farmers: ZBNF is knowledge such as family offices, corporates, endowments and
intensive and hence requires training. insurance companies.
• Lack of Empirical Evidence: Lack of independent and • Perpetual capital vehicles/Perpetual funds will allow
scientific studies to validate the claim that the yields long-term investors to support companies for longer
through the ZBNF are much higher. periods with private capital and let compounding effect
• Based on Unscientific Premise (a) Against High yielding play on their investments.
Seed Varieties (B) Assumes that the soils have all the • PCVs are known as evergreen structures.
necessary ingredients and (b) Cow dung and Urine can • Concept of PCV is a relatively new one and is often said
provide necessary nutrients. to be inspired by Berkshire Hathaway.
• One-Size fits all approach: In some regions of the
country, the soils are either acidic or saline and, in
some regions, the fertility of the soil has reduced due BRIDGETOWN INITIATIVE
to heavy metal pollution. #Sustainable Finance
• Previous Experiences: Farmers in Sikkim switching back
to Conventional Farming as the yield in the initial years
is lower; Recent Experience of Sri Lanka of promoting It is a call for reforming Bretton Woods institutions i.e., World
Organic Farming which led to Food crisis. According to Bank and IMF to enable the world to meet the challenge of
experts, replacing all farming with ZBNF could decrease Climate Change. The initiative has been pioneered by Prime
crop production by 50% and thus severely affect both Minister of Barbados.
food security as well as income of farmers. ABOUT BRIDGETOWN INITIATIVE
Hence, the Government must adopt evidence-based The initiative is named after the capital of Barbados,
approach and must not hastily promote ZBNF without Bridgetown.
multi-agroclimatic location studies, and scientific
It aims to build a global coalition of nations committed to
validation of long-term impact and viability of ZBNF
overhauling the global financial institutions, World Bank
and IMF, to address the challenge of climate change in

PERPETUAL poor and developing countries.


Step One: Provide Emergency Liquidity
FUNDS/PERPETUAL First step is to immediately provide liquidity to stop debt

CAPITAL VEHICLE
crises in its tracks. Board of IMF should:
a. Return access to its unconditional rapid credit and
#Private Equity financing facilities to previous crisis levels.
b. Temporarily suspend its interest surcharges.

Venture Capital and Private Equity industry has been c. Re-channel at least $100 billion of unused Special
demanding government to allow perpetual funds to operate Drawing Rights (SDRs) to those who need it.

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Economic Development

d. Operationalise Resilience & Sustainability Trust. #Corporate Governance


e. G20 should agree to an ambitious Debt Service
Suspension Initiative that includes all Multilateral
Development Banks (MDBs) loans to poorest countries • National Financial Reporting Authority has published
and COVID related loans to middle income countries. Audit Quality Inspection Guidelines as a step towards
improving the quality of audit profession.
f. Major issuers of debt to markets should help to
normalise Natural Disaster and Pandemic Clauses in all • Audit quality inspections are integral to the functioning
debt instruments to absorb shocks better. of independent audit regulators.

Step Two: Expand Multilateral Lending to Governments • International Forum for Independent Audit regulators
by $1 trillion (IFIAR), which comprises independent audit regulators
from 54 countries, requires that audit regulators
Currently, IMF, World Bank and other MDBs are aimed at
conduct recurring inspections of audit firms
providing liquidity, however, these crises have systemic
undertaking audits of public interest entities to assess
roots. Only investment will change their course.
compliance with applicable professional standards,
Proposals: independence requirements and other rules, laws and
a. MDB shareholders should implement regulations.
recommendations of independent G20 Capital • Overall objective of inspections is to evaluate
Adequacy Frameworks Review by the end of 2022. compliance of audit firm with auditing standards and
b. World Bank and other MDBs must use remaining other regulatory and professional requirements and
headroom, increased risk appetite, new guarantees the sufficiency and effectiveness of quality control
and holding of SDRs to expand lending to governments system of audit firm/auditor including:
by $1 trillion. a) Adequacy of governance framework and its
c. New concessional lending should prioritise attaining functioning.
the SDGs everywhere and building climate resilience in b) Effectiveness of firm’s internal control over audit
climate vulnerable countries. quality.
Step Three: Activate Private Sector Savings for Climate c) System of assessment and identification of audit
Mitigation and Fund Reconstruction After a Climate risks and mitigating measures.
Disaster Through New Multilateral Mechanisms
• Inspections will consist of firm-wide review of audit
Most climate-vulnerable countries do not have fiscal quality (SQC 1) and individual file reviews on test-check
space to adopt new debt. basis to evaluate the level of compliance with
World needs to move beyond country-by-country applicable auditing standards and quality control policy
responses that have become bogged down by issues of and processes.
who should do more. • NFRA has clarified that inspections by nature, are
Proposals: distinct from investigations. However, in certain cases,
a. Need to create a global mechanism for raising test-check by the inspection teams may provide basis
reconstruction grants for any country just imperilled by for enforcement or investigation under applicable
a climate disaster. provisions of the Act and Rules.

b. New issuance of 500 billion SDRs ($ 650 billion) or other ABOUT NATIONAL FINANCIAL REPORTING AUTHORITY
low-interest, long-term instruments to back a (NFRA)
multilateral agency that accelerates private investment • NFRA is a statutory body constituted under Companies
in low carbon transition. Act, 2013.
• It is an independent regulator set up to oversee the

AUDIT QUALITY auditing profession and Indian Accounting Standards


under Companies Act, 2013.

INSPECTION GUIDELINES

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Economic Development

NETWORK READINESS
Duties of NFRA are:
• Recommend accounting and auditing policies and
standards to be adopted by Central Government. INDEX
• Monitor and enforce compliance with accounting
#Digital Infrastructure
standards and auditing standards.
• Oversee quality of service of professions associated
with ensuring compliance with such standards and • Network Readiness Index ranks a total of 131
suggest measures for improvement in the quality of economies across various components of digital
service. readiness.
• Perform such other functions and duties as may be • The index ranks countries on four pillars of:
necessary to aforesaid duties and functions. o Technology (Access, Content, Future Technologies)
o People (Individuals, Businesses, Governments)

ANIC INITIATIVE o Government (Trust, Regulation, Inclusion)

#Schemes o Impact (Economy, Quality of Life, SDG Contribution)


• The Index is published by Portulans Institute based in
Washington DC, USA.
Atal Innovation Mission (AIM) under NITI Aayog launched
• According to the Index, India improved its ranking by 6
Women centric challenges under phase II of 2nd edition of
positions and is now ranked at 61st place.
Atal New India Challenge (ANIC).
• India secured 1st rank in “AI talent concentration”,
• ANIC stands for Atal New India Challenge.
2nd rank in “Mobile broadband internet traffic within
• ANIC is an initiative under AIM wherein NITI Aayog the country” and “International Internet bandwidth”,
targeted to seek, select, support and nurture 3rd rank in “Annual investment in telecommunication
technology-based innovations that solve sectoral services” and “Domestic market size”, 4th rank in “ICT
challenges of national importance and societal Services exports”, 5th rank in “FTTH/Building Internet
relevance through a grant-based mechanism of up to subscriptions” and “AI scientific publications”.
Rs 1 crore.
• NRI-2022 report states that India has a greater network
• ANIC’s Woman Centric challenges address major issues readiness than would be expected given its income
faced by women. These include driving women hygiene level.
through innovation to improve women’s safety,
professional networking opportunities for women,
making working mother’s life better and easing life of
rural women.

Practice questions
MCQs
Q.1) Consider the following statements about (a) 1 only (b) 2 only
Bridgetown initiative: (c) Both 1 and 2 (d) Neither 1 nor 2
1. The initiative has been piloted by USA.
2. It aims to strengthen IMF and World Bank to enable Q.2) Consider the following statements about
them to meet the challenges of climate change. Framework for Sovereign Green Bonds:
Which of the statements given above is/are correct?

FOCUS | DECEMBER 2022 | RAU’S IAS 12

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Economic Development

1. The return for investors in Sovereign Green Bonds Q.4) Consider the following statements about
depends on the performance of projects financed National Investment & Infrastructure Fund
from issue of Sovereign Green Bonds. (NIIF):
2. The proceeds from the Sovereign Green Bonds will 1. In all funds of NIIF, commitment of government of
be stored in separate account. India must remain 49% of total investments.
Which of the statements given above is/are correct? 2. The Governing Council of NIIF is headed by Union
(a) 1 only (b) 2 only Finance Minister.
(c) Both 1 and 2 (d) Neither 1 nor 2 Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
Q.3) Consider the following statements about (c) Both 1 and 2 (d) Neither 1 nor 2
National Mission on Natural Farming:
1. The certification of natural farming will be done by Q.5) Consider the following statements about
APEDA. Central Bank Digital Currency:
2. Area falling in 5km corridor on either side of Ganga 1. Wholesale CBDC can be used by both institutional
River will be accorded highest priority. and individual investors.
Which of the statements given above is/are correct? 2. CBDC kept in wallets will get no interest.
(a) 1 only (b) 2 only Which of the statements given above is/are correct?
(c) Both 1 and 2 (d) Neither 1 nor 2 (a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2

Descriptive Questions
Q1. Climate change is the most prominent challenge being faced by India today. In this respect, highlight what is
Sovereign Green Bonds and the salient features of framework for sovereign green bonds in India.

Q2. RBI has recently launched a pilot for CBDC. In this respect highlight the benefits of CBDC and the challenge in the
adoption of CBDC.

Answers: 1-b, 2-d, 3-b, 4-c, 5-a

FOCUS | DECEMBER 2022 | RAU’S IAS 13

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CONSTITUTION, POLITY AND


GOVERNANCE
# GS Paper (Prelims) & GS Paper II (Main)

CONSTITUTION BENCH
JUDMENT ON EWS
#EWS #Reservation #Economic Criteria
#Indra Sawhney

Supreme Court by 3:2 majority has upheld the constitutional


validity of Constitution 103rd Amendment and has held that
the Constitution 103rd Amendment which provides for 10%
reservation to Economically Weaker Sections (EWS) in
admissions to educational institutions and government jobs
does not violate the basic structure of the constitution.
BASIS OF PETITION
• Constitution 103rd Amendment Challenged: Petitions
filed by NGOs Janhit Abhiyan and Youth for Equality MAJORITY JUDGMENT – IMPORTANT HIGHLIGHTS
challenged the validity of Constitution (103rd • Reservation is an instrument of affirmative action
Amendment) Act, 2019 on the ground that economic by the state to ensure an all-inclusive march towards
classification cannot be the sole basis for reservation. the goal of an egalitarian society while countering
• Amendment Violates Basic Structure inequalities.

o Breaches overall 50% ceiling of reservation as • Does not Violate Basic Structure: Reservation
mandated by Indra Sawhney Judgment. singularly on economic background does not violate
any essential feature of Constitution and does not
o Providing reservation in an educational institution is
cause any damage to basic structure of Constitution.
breach of basic structure and the term 'class' under
Article 46 of Constitution refers to educationally • Does Not Violate Equality Code: Exclusion of reserved
backward class and not EWS. categories from EWS quota does not violate the equality
code.
• Article 46 is part of DPSP and provides for promotion of
educational and economic interests of Scheduled • Reservation for EWS over and above 50% cap does
Castes, Scheduled Tribes and other weaker sections. not violate basic structure, saying that the ceiling, by
itself, is not inflexible and in any case only applies to
The reservation of 10% seats for EWS other than
reservation envisaged by Articles 15(4), 15(5) and 16(4)
SC/ST/OBCs is arbitrary and excessive.
of Constitution.

FOCUS | DECEMBER 2022 | RAU’S IAS 14

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Constituti0n, Polity and


Governance
• Treating EWS as Separate Class Reasonable: The • This was followed by an Office Memorandum in 1991,
amendment enabling state to make special provisions by which, within 27% of vacancies
for EWS other than Scheduled Castes, Scheduled Tribes o Preference was to be given to candidates belonging
and Socially and Educationally Backward Classes is to poorer sections of Socially and Economically
required to be treated as an affirmative action on the Backward Classes.
part of Parliament for the benefit and betterment of
o 10% vacancies were to be reserved for Other
EWS category. Treating EWS class of citizens as a
Economically Backward Sections who were not
separate class would be a reasonable classification
covered by any of the existing schemes of
cannot be called unreasonable or unjustifiable
reservation.
classification, much less a betrayal of basic feature or as
violative of Article 14. Majority judgments upheld reservation of 27% in favour
of backward classes, and further subdivision of more
• Does Not Affect Special Rights of SC/ST/OBC - The
backward within the backward classes who were to be
Amendment creates a separate class of EWS from the
given preference but struck down the reservation of 10%
general or unreserved category without affecting
in favour of Other Economically Backward categories.
special rights of reservations provided to SC’s, ST’s and
SEBC’s. Therefore, exclusion of SC’s, ST’s and SEBC from • The Court contrasted Article 16(4) with Article 15(4)
and stated that Article 16(4) refers to any backward
such reservation is not unreasonable.
class of citizens where it refers primarily to social
MINORITY JUDGMENT
backwardness.
• Exclusion violates non-discrimination & non-
exclusionary facet of the equality code: The Article 16 (4) - any backward class of citizens
amendment by excluding (SCs, STs and OBCs) Article 15 (4) - any socially and educationally
undermines the fabric of social justice and thereby the backward classes of citizens or for the Scheduled
basic structure of Constitution. This exclusion violates Castes and the Scheduled Tribes
the non-discrimination and non-exclusionary facet of
equality code and in turn, the basic structure. • The Court held that the test or requirement of social
and educational backwardness cannot be applied to
• Discrimination: Though it creates opportunities for
Scheduled Castes and Scheduled Tribes, who
EWS sections, the amendment, by keeping out the poor
indubitably fall within the expression “backward class
among SCs, STs and SEBCs out of its limit purview,
of citizens”. Thus, they do not have to prove their
practices constitutionally prohibited principles of
backwardness.
discrimination.
• Scheduled Castes and Scheduled Tribes are the
• Permitting breach of 50% would result in
most backward among backward classes and it is,
compartmentalization and the rule of right to equality
therefore, presumed that once they are contained in
will become right to reservations taking us back to
Presidential List under Articles 341 and Article 342 of
Champakam Dorairajan.
Constitution of India, there is no question of showing
INDRA SAWHNEY JUDGMENT
backwardness of Scheduled Castes and Scheduled
• The case decided by Nine Judge Constitution Bench. Tribes all over again.
The bone of contention in this landmark judgment was • The advanced sections among OBCs (the creamy layer)
Mandal Commission Report of 1980, which was laid
should be excluded from the list of beneficiaries of
before Parliament on two occasions – once in 1982, and
reservation.
again in 1983.
• It further held that creamy layer principle is only
• However, no action was taken based on this Report till
confined to Other Backward Classes and has no
1990, when an Office Memorandum stated that after
relevance in the case of Scheduled Tribes and
considering said Report, 27% of vacancies in civil Scheduled Castes.
posts and services under Government of India shall
• There shall be no reservation in promotions and
be reserved for Socially and Economically Backward
reservation should be confined to initial
Classes.
appointments only. The reasoning was that

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Constituti0n, Polity and


Governance
reservations exist to create a level-playing field, to segment is otherwise exclusion of SC/ST/OBC
remedy unequal starting positions, thereby removing not suffering from is unconstitutional.
the justification for reservation in promotion. other disadvantages. • First, it “others” those
SPECIFIC ISSUES • Reservation under subjected to socially
1. Can there be quotas based on Economic Criteria Article 15(6) and 16(6) questionable and
alone? is separate and outlawed practices,
distinct. though they are
Majority Judgment Minority Judgment
amongst the poorest
• Yes, poverty is an • Laws that provide sections of society, and
adequate marker of benefits based on “only goes against the idea of
deprivation that state economic criteria” do fraternity.
can address through not by themselves • Second, exclusion
reservations. violate the right to virtually confines
• EWS is deemed equality. However, SC/ST/OBC within their
separate and distinct Constitution envisages allocated reservation
category other than reservations to only be quotas (15% for SCs,
the reservation community-based and 7.5% for STs, 27% for
provided under Article not individual- centric. OBCs).
15(4), 15(5) & 16(4). • While access “to public • Third, it denies the
• Separate goods” such as tax chance of “mobility
Reservations other breaks, subsidies can from reserved quota
than for SEBCs not be allowed, reservation (based on past
barred by the in public employment discrimination) to a
Constitution. would not be reservation benefit
permissible. based only on
• It is inconceivable that economic deprivation.”
deletion of caste (if 3. Can quota for poor breach the 50% ceiling for
Indian society believes
reservations?
in and practices the
caste system) as a Majority Judgment Minority Judgment
proscribed ground • No - Reservations for • The minority opinion
through a economically weaker warned that breaching it
constitutional sections of citizens up could “eat up rule of
amendment would to 10% in addition to equality.”
stand scrutiny. existing reservations • The minority opinion
2. Is exclusion of SC/ST, SEBC from quota does not result in also stated that going
discriminatory? violation of any above 50% “becomes a
essential feature of gateway for further
Majority Judgment Minority Judgment
Constitution and does infractions”.
• NO - There cannot be • The exclusion is the not cause any
• The question is pending
competition of claims main ground for damage to basic
before another
for affirmative action striking down the structure of
Constitution bench on
based on constitutional Constitution of India
whether a Tamil Nadu
disadvantages. amendment as per on account of breach
law providing for
the minority opinion. of ceiling limit of 50%.
• Reservation cannot reservation more than
be denied to one Justice Bhat gave three • This is because that 50% limit is
section because that reasons why the ceiling limit itself is

FOCUS | DECEMBER 2022 | RAU’S IAS 16

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Constituti0n, Polity and


Governance

DRAFT DIGITAL PERSONAL


not inflexible and, in unconstitutional. The
any case, applies only matter is open and will
to reservations
envisioned by Articles
be decided soon.
DATA PROTECTION BILL,
15(4), 15(5)and 16(4) 2022
of Constitution of
India. #Data Privacy #DPDP Bill #Rights
4. Can private colleges be forced to have EWS quota?
(YES)
Ministry of Electronics and Information Technology withdrew
• Unaided private institutions, including those imparting
the 2019 Data Protection Bill and has now come up with THE
professional education, cannot be seen as standing out
DIGITAL PERSONAL DATA PROTECTION BILL, 2022. Let us go
of the national mainstream.
through the important changes made in the new bill and
• As held in the judgments, reservations in private certain concerns which emanates from such changes.
institutions are not per se violative of basic structure. NEED FOR DATA PROTECTION LAW IN INDIA
• Thus, reservations as a concept cannot be ruled out in • Digitization of society at multiple levels have led to
private institutions where education is imparted. generation of Gigabytes of data much of which is

MAJOR ISSUES WHICH MAY EMANATE FROM EWS provided by citizens at various platforms (hospitals,
banking and financial services, government agencies,
JUDGMENT
FMCGs etc.).
• SC Judgment allows state and Centre to go beyond the
• Data in general and “Personal Data” in specific are at the
limit of 50%.
core of this fast-growing Digital Economy and eco-
• Will lead to increase in demand of Caste Based Census. system of digital products, services and intermediation.
• New Yardsticks to determine “Backwardness” amidst • Thus, data used by platforms and intermediaries
shift in strategy for providing reservation from caste- including personal data of citizens must be subjected to
based discrimination to class-based inequality. a framework of laws:

• Use of Reservation as a Social Engineering tool for Vote- o To protect sensitive personal data of citizens – health
records, financial data, government-centric data etc.
Bank Politics
o Ensure that there is no data asymmetry between
• Further fragment Indian Society
data principals (data of citizens) and data fiduciaries
• Member of EWS need not prove historical (those who process data).
backwardness or inadequate representation in services
o Ensure autonomy, self-determination, freedom of
• Economic status of person is transitionary and not choice and privacy of data principal.
permanent like caste. EARLIER ATTEMPTS AT DRAFTING DATA PROTECTION
• The criteria for EWS reservation are very broad and can LAW IN INDIA
be misused by many. • K.S. Puttaswamy Judgment (2017) declaring right to
• SC, ST & OBC form the vast majority of poor in the privacy as an intrinsic part of Article 21 of Constitution
has changed the perspective on processing and storage
country.
of digital data of citizens which is taking place at an
• Despite reservations being in force for over 70 years,
unprecedented level.
social exclusion and poverty continues. We need to
• After the judgment, Personal Data Protection Bill,
think of more tools tackle the issue and think about the
2018, was proposed by Justice Sri Krishna Committee.
functionality of reservations in addressing social Multiple changes were made in the draft and was re-
inequalities. introduced it as Personal Data Protection Bill, 2019.

FOCUS | DECEMBER 2022 | RAU’S IAS 17

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Constituti0n, Polity and


Governance
• Personal Data Protection Bill, 2019 was referred to a • “Processing” in relation to personal data means an
Joint Parliamentary Committee (JPC) which automated operation or set of operations performed
suggested a new Draft Data Protection Bill 2021 by on digital personal data, and may include operations
making multiple changes in the 2019 Bill. such as collection, recording, organisation, structuring,
• Government in 2022 withdrew Data Protection Bill storage, adaptation, alteration, retrieval, use, alignment
2021. or combination, indexing, sharing, disclosure by
transmission, dissemination or otherwise making
SALIENT FEATURES OF DIGITAL PERSONAL DATA
available, restriction, erasure or destruction.
PROTECTION BILL, 2022
• “Public Interest” means in the interest of any of the
IMPORTANT DEFINITIONS
following:
• Purpose of the bill was processing of digital personal
o Sovereignty and integrity of India.
data in a manner that recognizes (i) Right of individuals
to protect their personal data (ii) Need to process o Security of the State.
personal data for lawful purposes. o Friendly relations with foreign States.
• “Data” means a representation of information, facts, o Maintenance of public order.
concepts, opinions or instructions in a manner suitable o Preventing incitement to the commission of any
for communication, interpretation or processing by cognizable offence relating to the preceding sub-
humans or by automated means. clauses.
• “Data Fiduciary” means any person who alone or in o Preventing dissemination of false statements of fact.
conjunction with other persons determines purpose
DRAFT DATA BASED ON PRINCIPLES OF DATA
and means of processing of personal data.
ECONOMY
• Significant Data Fiduciary: Central Government may
Digital Personal Data Protection Bill is a legislation that
notify any Data Fiduciary or class of Data Fiduciaries as
frames out rights and duties of citizen (Digital Nagrik) on one
Significant Data Fiduciary, based on an assessment of
hand and obligations to use collected data lawfully of Data
relevant factors, including:
Fiduciary on the other hand. The bill is based on the following
(a) Volume and sensitivity of personal data processed principles around the Data Economy:
(b) Risk of harm to the Data Principal 1. Usage of personal data by organisations must be
(c) Potential impact on the sovereignty and integrity of done in a manner that is lawful, fair to the individuals
India concerned and transparent to individuals
(d) Risk to electoral democracy 2. Purpose limitation is that personal data is used for
(e) Security of the State the purposes for which it was collected.

(f) Public order 3. Data minimization is that only those items of personal
data required for attaining a specific purpose must be
(g) Such other factors as it may consider necessary.
collected.
• “Data Principal” means the individual to whom the
4. Accuracy of personal data is that reasonable effort is
personal data relates and where such individual is a
made to ensure that the personal data of the individual
child includes the parents or lawful guardian of such a
is accurate and kept up to date.
child.
5. Storage limitation is that personal data is not stored
• “Personal Data” means any data about an individual
perpetually by default. Storage should be limited to
who is identifiable by or in relation to such data.
such duration as is necessary for the stated purpose for
• "Personal Data Breach" means any unauthorized
which personal data was collected.
processing of personal data or accidental disclosure,
6. Reasonable safeguards are taken to ensure that
acquisition, sharing, use, alteration, destruction of or
there is no unauthorized collection or processing of
loss of access to personal data, that compromises the
personal data. This is intended to prevent personal
confidentiality, integrity or availability of personal data.
data breach.

FOCUS | DECEMBER 2022 | RAU’S IAS 18

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7. Accountability as the person who decides purpose involves profiling Indian users or selling services to
and means of processing of personal data should be them.
accountable for such processing. • Data Principal can demand Erasure or Correction of
IMPORTANT FEATURES OF DIGITAL PERSONAL DATA Personal Data collected by Data Fiduciary.
PROTECTION BILL, 2022 • Post-mortem Rights for Data Principal - They can
• Constitutes Data Protection Board of India –to nominate an individual who will exercise these rights in
determine non-compliance with provisions of this Act the event of death or incapacity of the data principal.
and impose penalty under the provisions of this Act. • Grievance Redressal Mechanism - Data Principal shall
The Board may, in the event of a personal data breach, register their grievance with a Data Fiduciary. If the data
direct the Data Fiduciary to adopt any urgent measures principal is not satisfied with the response of data
to remedy such personal data breach or mitigate any fiduciary, then a complaint can be registered with the
harm caused to Data Principals. Data Protection Board.
• Review and Appeal by the Data Protection Board - • The Bill imposes heavy penalties for violations of any
The Board may review its order, acting through a group provisions of the legislation which will be decided by the
for hearing larger than the group which held Data Protection Board of India. The decisions of the
proceedings. The Board based on reasons to be Board can be challenged in High Court.
recorded in writing, modify, suspend, withdraw or
• Access Information in any 8th Schedule Language -
cancel any order issued under the provisions of this Act.
The bill also ensures that individuals should be able to
An appeal against any order of the Board shall lie to the
“access basic information” in languages specified in the
High Court and such appeal should be preferred within
eighth schedule of the Indian Constitution.
a period of 60 days from the date of the order appealed
against. • It eases restrictions on cross-border data transfer -
The bill also allows for cross-border storage and
• Consent of Citizens Mandatory - The bill also makes it
transfer of data to “certain notified countries and
clear that individual needs to give consent before their
territories. However, “an assessment of relevant factors
data is processed and that “every individual should
by the Central Government would precede such a
know what items of personal data a Data Fiduciary
notification.
wants to collect and the purpose of such collection and
further processing. • Relaxation on processing of data by big tech – a
clause in the previous 2019 Bill empowered the
• Right to Withdraw Consent - Individuals also have the
government to ask a company to provide anonymized
right to withdraw consent from a Data Fiduciary.
personal and non-personal data to help target delivery
• Other Rights of Data Principal - The Data Principal of government services or formulate policies has been
shall have the right to obtain from the Data Fiduciary: removed.
o Confirmation whether the Data Fiduciary is • Additional Responsibilities for Significant Data
processing or has processed personal data of the Fiduciaries – as they deal with a high volume of
Data Principal. personal data needs to fulfil certain additional
o Summary of the personal data of the Data Principal obligations to enable greater scrutiny of its practices.
being processed or that has been processed by the Such entities will have to appoint a ‘Data protection
Data Fiduciary and the processing activities officer’ who will represent them. They will be the point
undertaken by the Data Fiduciary with respect to the of contact for grievance redressal. They will also have to
personal data of the Data Principal. appoint an independent Data auditor who shall
o Identities of all the Data Fiduciaries with whom the evaluate their compliance with the act.
personal data has been shared along with the • Provisions of Alternate Dispute Resolution -If the
categories of personal data so shared in one place. Board is of the opinion that any complaint may more
• The law will cover personal data collected online appropriately be resolved by mediation or other
and digitised offline data. It will also apply to process of dispute resolution, the Board may direct the
processing of personal data abroad if such data concerned parties to attempt resolution of the dispute

FOCUS | DECEMBER 2022 | RAU’S IAS 19

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Constituti0n, Polity and


Governance
through mediation by a body or group of persons protection of the interests of data principals,
designated by the Board or such other process as the agencies processing data should be at an arm’s
Board may consider fit. length from the government for fairness. Vesting
• No company or organisation will be allowed to these powers with the Union government creates
process personal data that is likely to cause harm to conflict of interest. For example, the government has
children. the power to specify “fair and reasonable” purposes
for which it can process personal data even without
CONCERNS – DRAFT DPDP BILL, 2022
consent in the wake of national security.
• The law is inapplicable to data processed manually
o Government as Data Fiduciary Operates at a
– this accords lower degree of protection as the
Higher Ground as compared to other Data
previous drafts excluded only data processed manually
Fiduciaries - Government can make rules on data
by “small entities” and not generally.
protection obligations of data breach, data
• Lack of Data Portability Rights – Data Portability protection impact assessments, data audits,
Rights allowed Data Principal to receive data in a
information that can be requested from a data
structured format all the personal data they had fiduciary which the government will itself be subject
provided to the data fiduciary for processing. For to in its capacity as a data fiduciary.
example, if the data principal was not satisfied with the
o Centre will Exercise Greater Control over Data
social media platform they were currently using, they
Protection Board – in appointing their members, set
could request for porting of their data to another social
out the terms and conditions of appointment and lay
media platform and avail of its services without having
out the functions that the DPB will perform. All these
to provide all their personal data again. The DPDP Bill,
will corrode rule of law and principles of natural
2022 does not provide for this right.
justice.
• Right to be Forgotten Clause Subsumed Under Right
• Lack of Clarity on the Process for Data Breach - For
to Erasure – Right to be forgotten is an important part
example, in case of personal data breach, the data
of privacy law and has been duly recognised in the K.S.
processor must notify the regulator and individuals in
Puttaswamy Judgment and in General Data Protection
such form and manner as may be prescribed by the
Regulation of the European Union (EU-GDPR). Under
central government. This allows for arbitrary decision
the right, the data principal can ask the data fiduciary to
making on case-to-case basis.
stop disclosure of their personal data. The DPDP Bill,
2022 subsumes this right under the right to erasure. • Concept of “Sensitive Personal Data” done away
Combining two rights - right to erasure with the right to with – The 2019 Bill defined "sensitive personal data"
be forgotten which is specific to disclosure of personal as such personal data relating to financial data health
data -compromises freedom of speech and expression data, official identifier, sex life, sexual orientation,
of other individuals. biometric data, genetic data, transgender status,
intersex status, caste or tribe or religious or political
• A lot left on Rules - A lot of critical information that will
belief or affiliation. Thus, the 2022 draft law has
govern the true scope and exemptions of the law are
removed the additional protection measures which was
left for subordinate legislations through rule making
earlier accorded to Sensitive Personal Data.
which will be notified later by the central government.
• Lack of categorisation for personal data eases data
• Conflict of Interest - Out of the 22 clauses in the DPDP
localisation norms – The 2019 Bill provided for a three-
Bill, the Central government has been provided with
tiered categorisation (1. Personal Data 2. Sensitive
rule making power in around 14 clauses. This becomes
Personal Data 3. Critical Personal Data) based on which
problematic for several reasons:
personal data could be moved across borders. ) The
o Government will be one of the largest data
“critical personal data” was supposed to be processed
fiduciary – It processes personal data of millions of only in India whereas “sensitive personal data” may only
Indians for provisioning of services and benefits, be transferred outside India for the purpose of
issuance of permits, licences and official IDs and for
processing when explicit consent was given by the data
law enforcement generally. To ensure impartial principal for such transfer. No such categorisation has

FOCUS | DECEMBER 2022 | RAU’S IAS 20

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Governance
been made in the new law and any criteria if selected prevention, detection, investigation of any offence or
will be based on the discretion of the central any other contravention of any law” This may be in
government in future through its rule making powers. violation of the “necessity and proportionality” test
• Countries yet to be selected for Ease of Data laid down by the Supreme Court in Puttaswamy vs
Localisation – The 2022 Draft Law allows for cross Union of India.
border data flow to “countries and territories” which will o A complete exemption can be provided for – if
be notified by the Central government. However, the processing of personal data is done “in the interests
factors to determine or select the countries based on of sovereignty and integrity of India, security of the
assessment on certain grounds are yet not clear. So, for State, friendly relations with foreign States,
example if United States of America or United Kingdom maintenance of public order or preventing
is not selected, then it will result in stress for lot of Big incitement to any cognizable offence relating to any
Tech Companies operating from the Silicon Valley. of these”.
• New Law Excludes Data Collected from citizens who • Independence of Data Protection Board
are not located in India- This would impact statutory Questionable -as the appointment of the Chairperson
protections available for clients of Indian start-ups and Members of the board is completely left to the
operating overseas, thereby impacting their discretion of the central government. This becomes
competitiveness. problematic as there would be various instances where
• Providing Consent by Citizens allows Data Fiduciary government would be a party to the dispute and
to take all kind of data without any Limitation - government will decide their own case.
Collecting personal data is contingent on consent of the • Board cannot frame Regulations - under the 2019
data principal which is generally accorded by them version of the Bill, the Data Protection Authority was
without knowing what kind of data is needed for that empowered to frame regulations around data
purpose. Thus, consent allows data fiduciaries to take protection while the government was allowed to
even those data which are not needed by them. For formulate rules. However, in the latest version, the Data
example - photo filter app may process data related to Protection Board’s powers to make regulations has
our location or information on our contacts even been done away with.
though it may not require such information to carry on • Penalties and Compensation –
its primary task of applying the filter.
o Higher Penalties - Quantum of penalties imposed
• National Security Ground for Exemption -Under the under the new law with the cap being placed at Rs.
proposed Bill, the central government can issue 500 crore is much higher compared to penalties
notifications to exempt its agencies from adhering to under PDP Bill, 2019.
provisions of the draft law for national security
o No Provision for Compensation - DPDP Bill, 2022
reasons. In an explanatory note accompanying the
does not allow citizens to seek compensation from
proposed legislation, the government acknowledged
data fiduciaries for harms suffered due to unlawful
that “national and public interest is at times greater
processing.
than the interest of an individual,” while justifying the
o Penalties imposed upon Data Principals for
need for such exemptions.
• Considerable Exemptions provided to the  Non-Compliance of Laws - it could lead to
government while processing of personal data: penalties up to Rs. 10,000.
 Registering False or Frivolous Complaints - with
o Grounds of Exemption (just, fair, reasonable and
proportionate procedure) Missing –JPC a Data Fiduciary or the Board. Such provisions
recommended that government should be may hinder data principles from exercising their
rights for fear of penalties.
exempted only under a “just, fair, reasonable and
proportionate procedure”. However, the mention of WAY FORWARD: The Ministry has invited feedback from
such safeguards is missing in the 2022 draft bill. the public on the draft Bill after which the draft law will
debated in the Parliament. Let us wait for the final version
o Exemption from most data protection obligation
– if the processing is undertaken “in the interests of of the draft which will be introduced in the Parliament.

FOCUS | DECEMBER 2022 | RAU’S IAS 21

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FORCED RELIGIOUS
and monetary benefits and by using black magic,
superstition or miracles.

CONVERSION • The petition further alleged that most of the victims of


forced conversions come from socially and
#Religious Conversion #Rights #Propagation economically marginalised communities and as such,
the practice “offends” not only the fundamental rights
In the case of Ashwini Kumar Upadhyaya v. Union of India, enshrined in the Constitution, but also other
Supreme Court taking serious note of forced religious constitutional principles, such as secularism.
conversion through deception, allurement or force has held
• Solicitor General while arguing on behalf of the central
that there is freedom of religion but not of forced conversion
government stated that the issue was debated in the
under the Indian Constitution. The court has asked the Centre
Constituent Assembly too, with conversions being
to make its stand clear on forceful conversion and to file its
referred to as “propagate”. He said some states had
response.
come up with laws against forced conversions and the
OBSERVATION OF THE SUPREME COURT
Supreme Court had upheld such laws.
• The Constitution allows freedom of religion but not
DEBATES IN THE CONSTITUENT ASSEMBLY ON
“forced” religious conversions which are “very
“PROPAGATION” OF RELIGION & “CONVERSION”
dangerous” and may affect the security of the nation
and freedom of religion and conscience of the citizens. • "Conversion from one religion to another brought

• Based on the seriousness of the issue, the Court asked about by coercion or undue Influence shall not be
the Union government to highlight the steps which it recognised by law." – This provision was the subject of
intends to take to curb forced religious conversion by debate as it was supposed to be placed under the
allurement or fraudulent means. Chapter of Fundamental Rights.
• In August, 1947, Sardar Vallabhbhai Patel withdrew the
RESTRICTIONS UNDER ARTICLE 25
clause from the fundamental rights chapter and
• Article 25 proves for Freedom of conscience and
allowed citizens Freedom of conscience and free
free profession, practice and propagation of
profession, practice and propagation of religion
religion.
under Fundamental Rights.
• Under Article 25(1) - all persons are equally entitled
to freedom of conscience and the right freely to • The matter of forceful conversion was again raised
profess, practise and propagate religion. But state in 1948 and it was argued that Islam has declared its
can regulate such practice on grounds of public hostility to Hindu thought and Christianity has
order, morality and health. mastered the policy of peaceful penetration by the

• Further, under Article 25 (2)(a) - state can regulate backdoor in India’s social life.

or restrict any economic, financial, political or other • K.M. Munshi then explained the importance of the
secular activity which may be associated with term “propagation” and said that it was not fraught
religious practice. with danger for Indian society as the term ‘propagate’
was a fundamental part of Christianity and they did not
SOCIO-ECONOMIC SITUATION WHICH FORCES
intend to convert aggressively.
RELIGIOUS CONVERSION?
• TT Krishnamachari, who had studied in Christian
• Poor Socio-economic situations of people from
institutions for some 14 years, spoke of how no
deprived sections such as Scheduled Caste, Scheduled
attempt had ever been made to convert him to the
Tribe or other tribal communities are often lured into
Christian faith. He implored the House to consider the
forceful conversion to different religion by offering
historical and sociological context in which Hindus had
certain incentives.
converted to Christianity. He argued that people
• The petitioners argued that every week such incidents
embraced Christianity primarily due to the way the
of forced conversions are reported where it is done by
Christian faith treated its people.
intimidating, threatening, deceiving, luring through gifts

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• Converting to Christianity allowed the outcast • Any person accused under the offence shall be
among Hindus to become equal in every manner punishable with imprisonment from 1 to 5 years and
and they were no longer “untouchables”. fine of up to Rs. 15, 000.
• Krishnamachari made a final conciliatory pitch to • If any person is involved in forceful conversion of minor,
the Assembly to allow individuals to propagate women or person belonging to Scheduled Caste or
their religion “and to convert people, if they felt that Scheduled Tribe shall attract a punishment of
it is a thing that he must do and that is a thing for which imprisonment between 2 to 10 years and shall also be
he has been born and that is his duty towards his God liable to fine of up to Rs. 25,000.
and his community. • A person previously convicted for forceful conversion, if
1977 SUPREME COURT JUDGMENT IN REV. STAINISLAUS found guilty for a second time, will be punishable with
V. STATE OF MADHYA PRADESH the double the punishment prescribed.
• Two anti-conversion law made by the state of Madhya • Such marriage resulted out of forceful conversion shall
Pradesh and Orissa were challenged be declared as void by the family Court.
o The Madhya Pradesh Dharma Swatantrya • The offence is cognizable and non-bailable. It means
Adhiniyam, 1968 and that a police officer can arrest an accused without a
o The Orissa Freedom of Religion Act, 1967 warrant and bail can only be granted by the Court at
their discretion and not by an officer.
• These laws required that a District Magistrate be
informed each time a conversion was made and PROBLEMS WITH ANTI-CONVERSION LAW IN INDIA
prohibited any conversion that was obtained through • State can interfere in citizens’ personal lives which
fraud or illegal inducement. the state is prohibited on account of fundamental right.
• Supreme Court upheld two of the earliest anti- • Such anti-conversion laws would be violative of
conversion statutes in India on grounds of public order. Right to Privacy Judgment which made right to privacy
• Supreme Court held that fundamental right to as an integral part of right to life and personal liberty.
propagate religion does not include right to convert a Right to privacy also include sanctity of family life,
person to other religion. marriage, procreation, home and sexual orientation.

THE UTTAR PRADESH PROHIBITION OF UNLAWFUL • Results in violation of constitution every time
CONVERSION OF RELIGION ACT, 2021 matters of intimate and personal choice are made
vulnerable to the paternal whims of the state.
• The legislation makes not only religious conversions
that are forcefully obtained an offence but that also • Freedom of conscience would mean nothing and
declares void any conversion found to be made solely take a back seat if every act of religious conversion is
for marriage. going to be presumed illegal unless proven otherwise.

• Burden of proof as to whether a religious conversion • It reverses the criminal jurisprudence regarding
was affected through misrepresentation, force, undue burden of proof - The burden of proof in criminal cases
influence, coercion, allurement or by marriage, lies on is on the prosecution and the presumption is that a
the person who has caused the conversion. person accused of committing an offence is innocent
until proven guilty.
• Any aggrieved person, his/her parents, brother, sister,
or any other person who is related to him/her by blood, • UP ordinance reverses the idea of burden of proof
marriage, or adoption may lodge an FIR against such as every religious conversion is presumed illegal unless
forced conversion. proven guilty. Thus, the burden is on the person
carrying out the conversion to prove that it is by their
• Reconversion to person’s previous religion will not be
will and not illegal.
illegal even if it is vitiated by fraud, force, allurement,
misrepresentation etc.

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KERALA GOVERNOR
DOCTRINE OF PLEASURE
• Based on English Law - The pleasure doctrine is a
WITHDRAWS HIS PLEASURE concept derived from English common law, under
which the crown can dispense with the services of
#Governor #Doctrine of Pleasure anyone in its employ at any time.
#Sarkaria Commission #Punchhi Commission • In England, a servant of the Crown holds office
during the pleasure of the Crown and he can be
Governor of Kerala with his active involvement in day-to-day dismissed from the service of Crown at pleasure.
administration and call for sacking of ministers and Vice- • The tenure of office of a civil servant can be
Chancellors of State Universities has made the role and duties terminated at any time without assigning any
of states bit controversial as Governors have generally played cause. Even if there exists any special contract
a non-partisan and non-active role in Indian politics. between the Crown and the civil servant concerned,
Governor of Kerala has sought resignation of Vice-Chancellors the Crown is not bound by it.
and has also dismissal of Finance Minister based on • The civil servant is liable to be dismissed without
withdrawal of his pleasure. This has further intensified the notice and they cannot claim damages for wrongful
debate as in Tamil Nadu, DMK Leader T.R. Balu has urged all dismissal or immature termination of service.
like-minded Members of Parliament (MPs) to support a DOCTRINE OF PLEASURE AS PRACTICED IN INDIA
proposal addressed to the President of India to remove the • Article 310 of the Constitution says every person in
Governor of Tamil Nadu, R.N. Ravi. The DMK’s call for removal the defence or civil service of the Union holds office
comes when Governors in several non-BJP ruled states, during the pleasure of the President, and every
including Kerala and Punjab, have expressed disagreements member of the civil service in the States holds office
with the government on various issues. Due to increased during the pleasure of the Governor.
confrontation of the Governor and elected government, states • However, Article 311 imposes restrictions on the
like Kerala, West Bengal and Tamil Nadu have introduced Bill removal of a civil servant -It provides for civil servants
to make their Chief Minister as the ex-officio Chancellor of being given a reasonable opportunity for a hearing on
State Universities. the charges against them.

CONSTITUTIONAL PROVISIONS - GOVERNOR • In practical terms, the pleasure of the President


refers to that of the Union government, and the
• Article 155 - Appointment of Governor — The
Governor’s pleasure is that of the State government.
Governor of a State shall be appointed by the
• The fundamental rights guaranteed under the
President by warrant under his hand and seal.
constitution are restrictions on the pleasure
• Article 156 - Term of office of Governor —
doctrine as Articles 14, 15 and 16 of the Constitution
1. The Governor shall hold office during the pleasure imposed limitations on free exercise of Pleasure
of the President. Doctrine.
2. The Governor may, by writing under his hand o Article 14 embodies the principle of
addressed to the President, resign his office. reasonableness the principle of reasonableness is
anti-thesis of arbitrariness. In this way, Article 14
3. Subject to the foregoing provisions of this article,
prohibits arbitrary exercise of power under pleasure
a Governor shall hold office for a term of five years
doctrine. In addition to article 14 of the constitution
from the date on which he enters upon his office:
Article 15 also restricts arbitrary exercise of power in
Provided that a Governor shall, notwithstanding
matters of services.
the expiration of his term, continue to hold office
o Article 15 prohibits termination of service on
until his successor enters upon his office.
discrimination on grounds of religion, race, caste,
Note* - Constitution of India is silent on the removal
sex or place of birth or any of them.
of the Governor.

FOCUS | DECEMBER 2022 | RAU’S IAS 24

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o Another limitation is under Article 16(1) which • Under Article 155, Governor is appointed by the
obligates equal treatment and bars arbitrary President by warrant under his hand and seal. In a way,
discrimination. he is a nominee of the Central government.

o Civil servant can file suit in a court of law or REMOVAL OF GOVERNOR


tribunal for enforcing any condition of service or for • The Governor serves under the pleasure of the
claiming arrears of pay. President which practically means that the Governor
EXCEPTIONS TO DOCTRINE OF PLEASURE serves under the pleasure of Prime Minister and his
Cabinet. If this pleasure is withdrawn before completion
• The following are expressly excluded by the
of the five-year term, the Governor must step down.
Constitution from Doctrine of Pleasure. They are:
• As the President works on the aid and advice of the
o Supreme Court Judges (Article 124)
Prime Minister and the council of ministers, in
o Comptroller and Auditor-General of India (Article effect, the Governor can be appointed and removed by
148) the central government. So, it is generally observed that
o High Court Judges (Article 217, 218) after change of government in any state, Governors are
then appointed, removed or transferred by the central
o A member of Public Service Commission (Article 317)
government.
o The Chief Election Commissioner.
• Thus, a Governor is a representative of the Union
MEANING OF WITHDRAWAL OF PLEASURE government in states - Article 163 of the Constitution
• “Pleasure of the Governor” did not mean the Governor says the Governor will normally be aided and advised
has the right to dismiss the Chief Minister or Ministers by the Council of Ministers except in those functions
at will. which require his discretion.

• The Governor can have his pleasure if the government • No Provision for Governor’s Impeachment - While
enjoys a majority in the House. the Governor’s duties and responsibilities lie in a
particular state, there is no provision for impeaching
• The Governor can withdraw his pleasure only when the
the Governor.
government loses majority but refuses to quit. Then he
CONTROVERSY DUE TO DUAL FUNCTION
withdraws the pleasure and dismisses it.
• Head of the State and Agent of the Centre - the
• Without the advice of the Chief Minister, a Governor can
Executive Power of a State shall be vested in the
neither appoint nor dismiss a minister.
Governor who shall be the head of the State. The
• Surya Narain Choudhary vs Union of India (1981) - Governor is appointed by the President and shall hold
Rajasthan High Court held that the pleasure of the office during the pleasure of the President. Thus,
President was not justiciable, the Governor had no effectively the governor acts as the head of the state
security of tenure and can be removed at any time by and as a representative of the Centre.
the President withdrawing pleasure. • Overlapping of Functions Leading to Controversy –
ABOUT GOVERNOR and the question arises as to which function
The State Executive consists of the Governor, who is the supersedes the others especially in states ruled by
head of the State, and the Council of Ministers with the opposition parties.
Chief Minister at its head. The Governor acts as: • Governors implementing Ideologies of Central
Government – as Governors holds office effectively
• Constitutional Head of a State under Article 153 and
during the pleasure of the central government and this
154, and as
allows the political party in power to take control of the
• An agent of the Centre as he holds office during the situation in states.
pleasure of the President under Article 156.
• Discretionary Power of Governors in Appointing
• The governor is neither directly elected by the people CMs - In the Assembly elections of Goa, Manipur,
nor indirectly elected by a specially constituted electoral Meghalaya and Karnataka, no political party had
college as is the case with the president. majority on their own. Hence, in such a situation the

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role of governor became crucial as he has discretion to the Union Government or the party in power at the
call either - Centre.
o the single largest party, o Nor can he be removed on the ground that the Union
o political parties having pre-poll alliance or Government has lost confidence in him.

o different political parties who may stitch a post poll NEED FOR POLITICALLY NEUTRAL GOVERNOR
alliance • Sarkaria Commission on Centre-State Relations, the
• Use of Article 356 is another ground where the National Commission to Review the Working of the
governor can report to the President about the Constitution and Punchhi Commission has reiterated
constitutional failure of state at his discretion. the need for politically neutral governor.

• Discretion Allows Governor to implement centre’s • Neutrality of governor is best displayed when he uses
mandate: It is important to note that discretion given his discretionary powers as per the constitution.
to the Governor by the constitution has a purpose and • Discretionary Powers of Governor are:
such powers needs to use only to fulfil the mandate of o reserve any Bill for the consideration of the President
the constitution and not of any political party. under Article 200
B.P. SINGHAL V. UNION OF INDIA (2010) – o To appoint the Chief Minister of State under Article
GOVERNOR’S DUAL ROLE 164(1) including inviting the leader of the single
• Dual Role - Five Judge Bench of Supreme on removal of largest party in case of a hung verdict to prove
governors mentioned about the dual role of governor: majority on the floor of the House.
1. Agent of the Centre & 2. Head of the state. o To dismiss the ministry as the Chief Minister and
• Governor not to Act as per Dictates of Political other Ministers shall hold office during the pleasure
Parties - SC further held that Governor is neither an of the Governor under Article 164(1)
employee of the Union Government, neither the agent o Governor’s report under Article 356 in case of failure
of the party in power nor required to act under the of Constitutional machinery in States.
dictates of political parties.
o Governor’s responsibility for certain regions such as
• Neutrality - SC also held that there may be instances the Tribal Areas in Assam and responsibilities placed
of conflict between centre and states where the on the Governor under Article 371A (Nagaland), 371C
governor must act neutrally. (Manipur), 371H (Arunachal Pradesh).
• Withdrawal of Pleasure - SC also elaborated on the • However, the use of discretionary power by the
Doctrine of Pleasure as it upheld that “no limitations or Governor also leaves certain space for its
restrictions are placed on the ‘at pleasure’ doctrine,” but misutilisation.
that “does not dispense with the need for a cause for
S.R. BOMMAI V UNION OF INDIA (1994)
withdrawal of the pleasure.”
• SC held explicitly that in situations where there is a hung
• Removal of Governor must Not be Arbitrary
assembly (where no political party has obtained a clear
o The Court held that the President could remove the majority of seats), the final decision rests not with the
Governor from office “at any time without assigning various feuding parties but with the concerned
any reason and without giving any opportunity to legislature through a “floor” test.
show cause.” However, the power to remove can’t be
• This case allows the Supreme Court to investigate the
exercised in an “arbitrary, capricious or
reasons which forms the basis of a Governor’s report.
unreasonable manner”.
DISCRETION OF GOVERNOR BASED ON
o The power will have to be exercised in rare and
CONSTITUTIONAL LIMITATIONS
exceptional circumstances for valid and compelling
reasons. • Discretion given to governor is based on
constitutional limitations and the Governor must
o A Governor cannot be removed on the ground that
follow certain rules as specified by Sarkaria
he is out of sync with the policies and ideologies of
Commission which suggested that in choosing a Chief

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Governance
Minister, the Governor should be guided by the SARKARIA COMMISSION
following principles: • Sarkaria Commission had recommended that
o The party or combination of parties that command Governors are not sacked before completing their five-
the widest support in the Legislative Assembly year tenure, except in “rare and compelling”
should be called to form the government. circumstances.
o The Governor’s task is to see that a government is • Recommendations have also been made for a provision
formed — and not to try to form a government that to impeach the Governor by the Assembly. However,
will pursue policies that he approves. none of these have been implemented.
o If no party has a majority, the Governor must invite: • On the matter of appointment of Governor, the
a) a pre-poll alliance, commission felt that Chief Ministers should be
consulted for smooth functioning and better
b) the largest single party that can gain majority
relationship between the two.
support,
OTHER COMMITTEE’S RECOMMENDATIONS
c) a post-election coalition that has the required
members, • Even the Reports of First Administrative Reform
Commission (1969), Rajamannar Committee set up
d) a post-election coalition in which partners are
by the Tamil Nadu Government and a Committee set
willing to extend outside support.
up by the President-Secretariat recommended that
• Vote of Confidence to be sought on Floor of the Chief Ministers should be consulted before Governor is
House - The Commission recommended that whoever appointed.
is appointed as the Chief Minister, must seek a vote of
• The National Commission to Review the Working of
confidence in the Assembly on the floor of the House
the Constitution suggested that Governor should be
within 30 days of taking over.
appointed through a committee comprising the Prime
• The Governor should not resort to mechanisms where
Minister, Home Minister, Speaker of Lok Sabha and the
determining of majority of the government is done Chief Minister of the concerned state.
outside the assembly.
CONCLUSION
PUNCHHI COMMISSION -2007
• There is a need to follow the recommendations of
• A Commission headed by former Chief Justice of India Sarkaria and Punchhi Commission by drafting suitable
M. M. Punchhi was set up in April 2007 to take a fresh rules and procedure for the functions of the governor.
look at the roles and responsibilities of governments at
• The role and functions assigned to the governor during
various levels, and the relations between them.
independence served a different purpose. After seventy
• The Commission recommended that there should be years of independence, the conditions and polity of the
clear guidelines for the appointment of Chief Ministers,
country has changed.
so that there was some sort of regulation on the
• So, there is a need to revisit the role, functions and
discretionary power of the Governor.
discretionary power provided to the Governor in the
• It said that a pre-poll alliance must be treated as one present circumstances.
political party, and laid down the order of precedence
that the Governor must follow in case of a hung House:
1. Group with the largest pre-poll alliance commanding RENEWED CALL FOR
the largest number.
2. Single largest party with support of others.
UNIFORM CIVIL CODE
3. Post-electoral coalition with all parties joining the #Uniform Civil Code #Law Commission
government.
4. Post-electoral alliance with some parties joining the During the ongoing Assembly elections, Gujarat joined the list
government, and the remaining, including of BJP-ruled States that have called for implementing the
Independents, supporting from outside. Uniform Civil Code (UCC). Gujarat Home Minister along with

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Governance
Union Minister Parshottam Rupala announced that the State communities were “inseparably connected with
will constitute a committee headed by a retired High Court religious beliefs and practices”. He felt the UCC would
judge to evaluate all aspects for implementing the UCC. come in the way of “Right to Religion” under
Earlier, the Chief Minister of Uttarakhand had announced to fundamental right. While he was not against the idea of
constitute a panel to implement UCC in the state. a uniform civil law but argued that it was not the right
ABOUT UNIFORM CIVIL CODE time for UCC and its implementation should be a
gradual process and not without the consent of the
• Article 44 of the Indian Constitution states that the State
concerned communities.
shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India. • K.M. Munshi rejected the notion that a UCC would
be against the freedom of religion as the Constitution
• While there is no draft or model document yet for the
allowed the government to make laws covering secular
UCC, the framers of the Constitution envisioned that it
activities related to religious practices if they were
would be a uniform set of laws that would replace the
intended for social reform. He advocated for the UCC,
distinct personal laws of each religion about matters
stating benefits such as promoting the unity of the
like marriage, divorce, adoption, and inheritance.
nation, equality for women and it will also help in
• However, it is not so easy to make a uniform law on removing various discriminatory practices of the Hindu
personal laws of all religions as each aspect of personal
personal law.
life like marriage, divorce, succession etc. are governed
PRESENT PUSH FOR UCC
differently.
• Proposal to Implement UCC Gujarat and Himachal
• So, Uniform Civil Code is an attempt to unify all civilian
during election campaign by BJP
laws including personal laws for people of all faith living
in India. • Proposal to Examine UCC by Uttarakhand CM -
Uttarakhand Chief Minister has announced an expert
• UCC is the proposal to administer same set of
panel to examine the possibility of applying the UCC in
secular civil laws to govern all people irrespective of
the State.
their religion, gender, domicile, caste, etc.
• Private Members’ Bill proposed on UCC - Rakesh
• This law will be distinguished from public law and will
Sinha, Rajya Sabha member of the party, had moved a
subsume all laws covering marriage, divorce,
private member’s Bill for a law on the UCC. A similar
inheritance, adoption and maintenance of different
petition by BJP leader Ashwini Upadhyaya is before the
religions into one codified law. However, so far it has
Delhi High Court as well.
been difficult to achieve uniformity in personal laws of
all religion. • Matter to be taken by 22nd Law Commission - During
the winter session of Parliament last December, Law
DEBATES IN THE CONSTITUENT ASSEMBLY
Minister Kiren Rijiju, in response to a written question,
• The clause on UCC generated substantial debate in the said “the matter is sub judice”. The Law Minister further
Constituent Assembly about whether it should be
stated that the matter requires an in-depth study of the
included as a fundamental right or a directive principle. personal laws governing different communities and
• Dr. B.R. Ambedkar felt that while desirable, the UCC could be taken up by the 22nd Law Commission Report.
should remain “purely voluntary” in the initial stages. He
• Supreme Court’s View on UCC - Even the Supreme
stated that the Article “merely” proposed that the state Court has indicated that the government should
shall endeavour to secure a UCC, which means it would explore the UCC to secure gender justice, equality and
not impose it on all citizens.
dignity of women. Supreme Court’s view is based on
• The matter had to be settled by vote with a majority of several petitions claiming that personal laws governing
5:4, wherein the sub-committee on fundamental the followers of certain faiths discriminate against
rights headed by Sardar Vallabhbhai Patel decided women.
that securing UCC was not within the scope of • Proposal by Chancellor of Maulana Azad National
fundamental rights. Urdu University, Firoz Ahmed Bakht, asked the
• Constituent Assembly Member Naziruddin Ahmad Supreme Court to direct the government to constitute
from Bengal argued that certain civil laws in all

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a judicial commission or a high-level expert committee • Promote Monogamy – strengthen rights of women,
to prepare a draft UCC in tune with international remove prejudices
conventions which protect the rights of women. Mr. • Strengthen India’s Secular Fabric and promote unity
Bakht, who is also the grandnephew of Independent
UCC AND THE SUPREME COURT
India’s first Education Minister Maulana Abul Kalam
a) Shah Bano case: In 1985, Supreme Court ruled in
Azad, says it is time to shed personal laws based on
“patriarchal stereotypes”. favour of Shah Bano, who sought maintenance under
Section 125 of the Code of Criminal Procedure after her
UCC AND INDIAN CONSTITUTION
husband divorced her. The then Chief Justice, Y.V.
• UCC has been provided for as a Directive principle Chandrachud, observed that a Common Civil Code
of State Policy (DPSP) under part IV of the Indian would help the cause of national integration by
constitution. Article 44 provides of a Uniform Civil code removing disparate loyalties to law. The Court directed
and reads “The State shall endeavour to secure for the Parliament to frame a Uniform Civil Code.
citizens a uniform civil code throughout the territory of
Despite the Judgment, the government, in 1986, enacted
India.”
the Muslim Women (Protection of Rights on Divorce) Act,
• Harmonize Personal Laws to Redress which nullified the Shah Bano judgment. The Act allowed
Discrimination - The objective of this endeavour is to maintenance to women only for 90 days after the divorce”.
harmonise diverse cultural practices and address the
b) John Vallamattom v. Union of India case in 2003 -
discrimination meted out to various vulnerable groups
Chief Justice V.N. Khare had observed: “It is a matter of
under the garb of religious practices.
regret that Article 44 of the Constitution has not been given
• Apprehension in Including UCC under PART III - effect to. Parliament is still to step in for framing a common
During the drafting of the constitution, UCC met with civil code in the country.”
stiff opposition from various corners. Various minority
c) S.R. Bommai v Union of India - SC warned against
religions especially the Muslims felt that UCC would
“mixing politics with religion”. The court was worried
curtail their freedom of religion, hence were
whether a secular state should bring a code which can
apprehensive of replacing their personal laws with UCC.
be perceived to be a threat to personal laws based on
• UCC Aimed at Ensuring Justice and Equality – Due to the religious beliefs of individual religions.
apprehension and misplaced fear, UCC was added in
d) SC asked the government to implement the UCC in
DPSP as it reflects the intention of securing justice and
the 1995 Sarla Mudgal judgment as well as in the
equality for all citizens without being justiciable.
Paulo Coutinho vs Maria Luiza Valentina Pereira
BENEFITS OF UNIFORM CIVIL CODE case (2019).
• Protect the vulnerable sections - including women
Goa is the only state where Uniform Civil code
and religious minorities.
exists.
• Promote nationalistic fervour and strengthen unity
• The Goa Civil Code collectively called Family Laws,
and fraternity
was framed and enforced by the Portuguese colonial
• Simplify the complex personal laws of different rulers through various legislations in the 19th and
religions. 20th centuries.
• Help to Address diversity personal laws – such as • After the liberation of Goa in 1961, the Indian State
matrimonial laws, simplify the Indian legal system and scrapped all the colonial laws and extended the
make Indian society more homogeneous. central laws to the territory but made the exception
• It will de-link law from religion. of retaining the Family Laws.
• Ensure Social Justice and gender equality in family • Goa’s UCC permits a certain form of polygamy for
matters Hindus, gives certain concessions to Catholics as they
• Remove prejudices against women - regarding need not register their marriages and Catholic
divorce and maintenance. priests can dissolve marriages performed in church.

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LAW COMMISSION REPORT ON UCC – 2018 prohibited by the Hindu Marriage Act of 1955, they are
• UCC Neither Necessary nor Desirable - Recently law considered auspicious in the south of India. Daughters
commission submitted a report on reform of family were made coparcener or having rights in the ancestral
laws. On the issue of Uniform Civil Code, Law property.
Commission said that UCC is currently neither • Amendments Made by States - Even though India has
necessary nor desirable in India. uniformity in most criminal and civil matters like the
• Need for Religion wise Amendment - The commission Criminal Procedure Code and the Civil Procedure Code,
has recommended religion-wise amendment in yet different state governments have made several
personal laws to end discrimination against women amendments to the Cr.PC, IPC and different civil laws.
within the communities. • Personal Laws under Concurrent List - Constitutional
• Ensure Equality Within Community - It urged the law experts argue that perhaps the framers did not
legislature to “first consider equality within intend total uniformity, which is why personal laws were
communities i.e., between men and women rather than placed in entry 5 of the Concurrent List thereby
equality between communities”. This way some of the providing legislative competence to both centre and
differences within personal laws which are meaningful states to make necessary changes whenever needed.
can be preserved and inequality can be weeded out to WAY FORWARD
the greatest extent possible without absolute • Hence, when and if a Uniform civil Code is brought into
uniformity. effect, it will have to ensure a balance between the
• Preserve Diversity of Personal laws in absence of protecting of fundamental rights and religious
Consensus through Codification - In the absence of principles of different communities. Before enacting a
any consensus on a uniform civil code the Commission common personal law, it is necessary to take into
felt that the best way forward may be to preserve the confidence all religion and communities of India.
diversity of personal laws but at the same time ensure • Further, steps can be taken to legislate on such
that personal laws do not contradict fundamental rights common matters which are least controversial but with
guaranteed under the Constitution of India. To achieve complete consent of every community in India. The idea
this, it is desirable that all personal laws relating to is to provide uniformity in set of rules by consent and
matters of family must first be codified to the greatest not to create more fissures and fault lines in the name
extent possible, and then the inequalities that have of enforcing a uniform common law for India.
crept into codified law, should be remedied by
amendment.
ARGUMENTS AGAINST UNIFORM CIVIL CODE MID-TERM ELECTIONS IN
• Against Right to Freedom of Religion - It will introduce
State interference in religious affairs hence against the
UNITED STATES
concept of secularism and may violate Article 25. This #Elections #Comparative Constitution
may go against S.R. Bommai Judgment which held - The
Constitution has chosen secularism as its vehicle to
establish an egalitarian social order. Secularism is part of
Mid-term elections was conducted in United States for 35
the fundamental law and basic structure of the Indian
seats for the Senate and all 435 seats for the House of
political system.
Representatives between the two political parties namely the
• It may impact the cultural practice of some tribal
Republicans and the Democrats. The elections will give voters
communities in India.
an opportunity to express their views on Joe Biden’s
• Considering the plural society of India – it will be a Presidency and the current direction of the country. The
complex task to unify all personal laws of all religions, results will also determine who will control either House of
castes, communities, tribes etc. across the country Congress without affecting the Presidentship of Mr. Joe Biden
regarding marriage, divorce, adoption and succession. (Democrats). Based on the results so far, Republicans seems
For example - marriages amongst close relatives are to be in control of the House of Representatives whereas the

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Democrats control the Senate. Now, in India, mid-term vacancy as we do not have a Presidential form of government
elections are not held and only by-polls are held in case of but rather a Parliamentary Democracy.

WHEN IS MID-TERM ELECTION CONDUCTED IN UNITED the State in accordance with the system of proportional
STATES? representation by means of the single transferable
• Two-Party System in USA - Unlike India, which is a vote.
multi-party democracy, United States follows the two- • So, based on Indian Parliamentary set-up, Mid-term
party system which contests to control the US Congress. elections are NOT held in India as the members of Lok
• Different Terms for Members of Senate and House Sabha are elected for a period of 5 years and the
of Representatives - based on which elections are Council of Ministers remains collectively responsible to
conducted. the House of the People.

o The House of Representatives have 435 members • Mid-term polls or early polls will only be held in
who are elected every two years India if the government has lost majority in Lok
Sabha and the Prime minister has resigned and
o Senate has 100 members each having a six-year
called for another general election.
term.
• In case a seat becomes vacant due to death,
• Mid-Term Poll After Every 2 Years - as the members
disqualification or resignation of Members of Lok Sabha
of the House of Representatives have two-year term,
or Rajya Sabha, then a by-poll is conducted for the
mid-term elections are held every two years after the
remainder of the term.
Presidential Elections (mostly in first week of
November) and two years prior to the next Presidential WHY MID-TERM ELECTION IS SIGNIFICANT FOR GLOBAL
Elections. AFFAIRS?

• For Example – Presidential Elections were conducted in • Controlling the Congress -The mid-term elections can
2020 where Joe Biden became the President as play a crucial role in deciding who will control the
Republican Party won the elections. So, now in 2022, the Congress, state legislatures, and the governor's offices.
midterm elections are being conducted two years prior In case the Democrats lose their narrow majority, the
to the next Presidential Elections due in November next two years will become more challenging for the
2024. President as he will face hurdles in getting the bills
passed.
• Seats Put to Vote - In the Midterm Elections, all 435
seats of the House of Representatives are contested • Poor Ratings for Joe Biden -President Joe Biden is
and 1/3rd of the seats in Senate are contested. going through poor ratings for over a year and his
decisions to push new laws on climate change, gun
• Further, 36 States across the country will also elect
control, infrastructure investment and child poverty
their Governors.
policies have been viewed differently. If one of those
ARE MID-TERM ELECTIONS HELD IN INDIA? chambers switches to the Republicans, however, they
• Indian Parliament comprises the Lok Sabha, Rajya would have the power to stop Democratic bills from
Sabha and the President. Members of Lok Sabha are being passed by Congress and the result would be
elected directly by the people in 530 territorial gridlock.
constituencies. • Codifying Roe v Wade on Abortion Rights -
• Whereas Members of Rajya Sabha are elected indirectly Republicans have promised for new laws based on US
by the elected members of the Legislative Assembly of Supreme Court’s Judgment overturning the decision in

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Roe vs Wade as it has lifted the constitutional protection withdrawal from Afghanistan and the origins of the
which was available on abortion rights. Republicans coronavirus pandemic in China.
have promised to implement the judgment and • Trump Running Again for Presidency – Former
propose a national ban on abortion after 15 weeks of President Donal Trump still seems interested in
pregnancy. At a state level, the outcome of key governor returning to the White House in 2024 and the midterm
and local races in traditional political battlegrounds like results could strengthen his position in case
Pennsylvania, Wisconsin and Michigan could mean Republicans gains an upper hand. This could mean
further abortion restrictions being imposed there. conservative politics along with white supremacy which
• Democrats Want to Change the Filibuster Rule – may alter the future course of national and
Filibuster is a strategy used in US to prolong debate and international politics across the globe.
delay or prevent a vote on a bill, resolution, WAY FORWARD: Thus, Mid-term Elections and its results
amendment, or other debatable question. In 1917, the are being followed closely throughout the world including
Senate adopted a rule to allow a two-thirds majority to India as its results may change India’s future relations with
end a filibuster, a procedure known as "cloture." In 1975 United States. Return of Donald Trump in White House
the Senate reduced the number of votes required for may further improve ties of present government as they
cloture from two-thirds of senators voting to three- share similar political ideologies and priorities.
fifths of all senators duly chosen and sworn, or 60 of the
100-member Senate. Thus, as per the rules of Filibuster,
it requires 60 votes to pass a law in the Senate out of UNRESTRICTED STATE
100. So, Democrats must have sufficient majority in the
Senate in case they wish to change the rule on
SURVEILLANCE
Filibuster. #Rights #Surveillance
• Russia-Ukraine War - Russia's invasion of Ukraine and
the policy of the United States to not directly engage in The preamble to the DIGITAL PERSONAL DATA PROTECTION
the war but pressurize Russia with sanctions has not (DPDP) BILL, 2022 states its purpose which is to protect the
gone well with the economy of the US with record levels personal data of individuals and ensure that personal data is
of inflation and the subsequent steps by the US Fed to processed only for lawful purposes. Unfortunately, by
control the spiralling inflation. choosing to protect state surveillance, the new Bill fails to fulfil
• Engaging with Iran - Despite several red flags and its mandate of protecting the right to privacy of citizens.
disappointment of its all-weather ally Israel, the US is EARLIER SUGGESTIONS ON GOVERNMENT CONTROL
trying to give one more try to the nuclear agreement OVER DATA COLLECTION
with Iran and that might help to ease up the energy • Department of Personnel and Training initiated
supplies in the world. However, if Donald Trump discussions on the Right to Privacy Bill, 2011 where
returns in 2024, he will pull America back again from the the then Attorney General for India suggested to
agreement and may bring it at brink of another war in include conditions based on which government could
the region. carry out “interception of communication” as part of the
• Investigations on Attack in the White House may be law.
Shut Down – Attack on January 6th, 2021 is currently • This opinion was also echoed by the Group of Experts
being investigated by the Democrats and is expected to on Privacy, headed by Justice A.P. Shah, in 2012 which
publish a report on what White House already knew emphasised the need to examine the impact of
before the attack during Trump’s Presidency. However, increased collection of citizens’ data by the government
the investigation may be shut down if Republicans gains on the right to privacy.
control over the House of Representatives. Other than • This suggestion has prompted civil society
this, the Republicans also wants to look into the Biden organisations, lawyers and politicians have consistently
administration's immigration policies, the US demanded surveillance reform, highlighting how
personal data can only be protected when the

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government’s power to conduct surveillance of citizens INFORMATION TECHNOLOGY (PROCEDURE AND
is meaningfully regulated. SAFEGUARDS FOR INTERCEPTION, MONITORING
• However, like its predecessor laws, the latest DPDP Bill, AND DECRYPTION OF INFORMATION) RULES, 2009
2022 also fails to confront India’s growth into a • The procedure for electronic surveillance as
surveillance society. authorised by Section 69 is detailed in the
SURVEILLANCE ARCHITECTURE IN INDIA Information Technology (Procedure and
• The surveillance architecture in India comprises mainly Safeguards for Interception, Monitoring and
of Decryption of Information) Rules, 2009. The
o Section 5(2) of the Indian Telegraph Act, 1885 directions for interception can be issued by
“competent authority” which includes Secretary in
o Section 69 of the Information Technology Act, 2000
the Ministry of Home Affairs (Central Government) or
and
Secretary in charge of the Home Department (State
o the procedural rules promulgated under such laws or Union Territory).
THE INDIAN TELEGRAPH ACT, 1885 • Section 66 prescribes punishment along with fine to
anyone who gains unauthorised access to computers
• Section 5 - Power for Government to take
and downloads, copies or extracts any data, or
possession of licensed telegraphs and to order
introduces or causes to be introduced any computer
interception of messages – Central or State
contaminant or computer virus. Such computer
Government in the case of any public emergency or
related offences shall be punishable with
in the interest of sovereignty and integrity of India,
imprisonment for a term which may extend to three
the security of the State, friendly relations with
years or with fine which may extend to five lakh
foreign States or public order or for preventing
rupees or with both.
incitement to the commission of an offence, for
reasons to be recorded in writing, by order – CONCERNS HIGHLIGHTED AGAINST UNREGULATED
o direct that any message relating to any subject can STATE SURVEILLANCE
be intercepted or prohibited from transmission. • The concentration of power with the executive thus
• These are the same restrictions imposed on free creates a lack of accountability and enables abuse.
speech under Article 19(2) of the Constitution. Evidence for this emerges not only from instances of
• Significantly, even these restrictions can be imposed political surveillance highlighted through the Pegasus
only when there is a condition precedent to the case.
occurrence of any public emergency, or in the
• Collection of Citizens’ Data - Apart from outright
interest of public safety.
surveillance, unfettered collection and processing of
INFORMATION TECHNOLOGY ACT, 2000
citizen data for other purposes, such as digital
• The second legislation enabling surveillance is governance, raise concerns due to absence of specific
Section 69 of IT Act which deals with power of the
laws outlining safety based on right to privacy (K.S.
government to issue directions for interception or
Puttaswamy Judgment).
monitoring or decryption of any information through
any computer resource. • Draft Digital Personal Data Protection Bill 2022
lacks regulations on State Surveillance – and
• It facilitates government “interception or monitoring
or decryption of any information through any personal data can be processed even without the
computer resource” if it is in the interest of the person’s consent. Further, data can be collected by
“sovereignty or integrity of India, defence of India, state on grounds of national security.
security of the State, friendly relations with foreign • DPDP Bill 2022 provides Exemption to State
States or public order” or for preventing or Agencies and certain Private Entities who process
investigating any cognizable offence.
and store data of citizens.

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• Such blanket exemptions to government non- #Repugnancy #Article 254 #Harmonious
existent in foreign countries - legislations in the
Construction
European Union and in the U.S. allows security agencies
to claim exemptions on a case-by-case basis, based on
specific reasons for data collection. However, such laws The Article critically analyses Supreme Court judgments which
do not give blanket exemption powers to an entire declared appointment of Vice-chancellors (VCs) as
government entity on collecting data. unconstitutional has and violative of Article 254 as such
appointments were in contravention of UGC-Regulations of
• No Provision for Compensation under DPDP Bill,
2018 despite being as per the respective State Laws.
2022 – The draft law does not allow citizens to seek
compensation from data fiduciaries for harms suffered EDUCATION UNDER SEVENTH SCHEDULE
due to unlawful processing. Whereas the Investigatory • Entry 25 of the Concurrent List allows both state
Powers Tribunal in the U.K. is authorised to hear and centre to legislate on Education, including
complaints against misuse of surveillance powers and technical education, medical education and
can impose monetary penalties in case of a breach. universities, subject to the provisions of entries 63,
• Government Refuses to Share statistical data on the 64, 65 and 66 of Union List.
number of surveillance orders issued yearly – this • Entry 32 of State List - Incorporation, regulation and
hampers any meaningful transparency and winding up of corporations other than those
accountability on government’s part. specified in List I and universities.
• Government also allows Inter-departmental
SUPREME COURT JUDGMENTS
Sharing of Citizens’ Data – this is encouraged by draft
policies such as the draft National Data Governance • Gambhirdan K. Gadhvi vs The State of

Framework Policy, 2022, facilitating the creation of Gujarat (March 3, 2022) – Appointment of Vice-

comprehensive profiles of citizens. Chancellor as per the Sardar Patel University Act,
1955 –
• Criminal Procedure (Identification) Act, 2022 -
o SC quashed the appointment of the incumbent
provides legal sanction to law enforcement agencies for
“taking measurements of convicts and other persons Vice Chancellor on the ground that the search

for the purposes of identification and investigation of committee did not form a panel for the appointment

criminal matters”. This allows for overzealous collection of VC, and, therefore, was not in accordance with the

and storage of biometric data for 75 years, are in direct UGC Regulations of 2018.

contrast with the principles of data minimisation and o State Law Inconsistent with UGC Regulations-
prevention of unauthorised collection of personal data. 2018 – and hence UGC Regulations would prevail and

WAY FORWARD - Thus, the Draft DIGITAL PERSONAL the appointment under the State law had become

DATA PROTECTION (DPDP) BILL, 2022 needs to regulate void ab initio.

state surveillance activities and impose conditionalities • Professor (Dr) Sreejith P.S vs Dr. Rajasree
rather than providing blanket ban to state agencies on M.S. (October 21, 2022) - Appointment of the Vice
collecting and processing data of citizens. Chancellor of the A.P.J. Abdul Kalam Technological
University, Thiruvananthapuram, was challenged on
the ground that
REPUGNANCY OF STATE o Search committee recommended only one name,

LAWS ON VC- which is against the UGC Regulations.


o The Court quashed the appointment of the VC on
APPOINTMENT the ground that the provision relating to the search
committee in the State University Act was repugnant

FOCUS | DECEMBER 2022 | RAU’S IAS 34

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Constituti0n, Polity and


Governance
to the UGC Regulations as per Article 254 and was • Rules, Regulations in the form of Executive Order do not
therefore void. go through intense parliamentary debates and scrutiny
and can be said to be arbitrary or unreasonable.
ARTICLE 254
• According to supremacy by the Supreme Court to
INCONSISTENCY BETWEEN LAWS MADE BY executive orders of the Centre over laws duly enacted
PARLIAMENT AND LAWS MADE BY THE
by state legislature infringes legislative autonomy of
LEGISLATURES OF STATES
states under Article 246.
ARTICLE 254(1) ARTICLE 254(2) • Violative of the Rules of Delegated Legislation as UGC
If any provision of a law • Where a law made by the Act does not provide for the appointment of Vice-
made by the State Legislature of a State Chancellors and such provisions in the enabling Rules
Legislature is repugnant with respect to one of violates principles of administrative law and can also be
or inconsistent to any the matters enumerated said to be ultra vires of the parent law.
provision of a law made in the Concurrent List NEED FOR HARMONIOUS CONSTRUCTION
by Parliament • contains any provision • Article 254 needs to be analysed in depth –
• which Parliament is repugnant to the particularly regarding supremacy of Central
competent to enact, provisions of an earlier Regulations or Rules over State Laws passed by their
or law or an existing law respective Legislatures.
• matters enumerated made by Parliament with • Issue of Repugnancy needs to be reconciled in most
in the Concurrent List respect to that matter cases - Such in depth analysis of Article 254 would
Then the law made by • then, the law so made by provide more clarity as to whether State laws can be
Parliament SHALL State shall prevail in that repugnant only to the central Act, and not the
PREVAIL and the law State - if it has been regulations and rules made there under.
made by State reserved for the • Legislative Right of States under Article 246 - Since
Legislature shall to the consideration of the the issue is bound with the legislative and
extent of the repugnancy President and has administrative right of States to frame laws and manage
or inconsistency BE received President’s university education and appointment of Vice-
VOID. assent Chancellors which forms part of Concurrent List; hence
• However, Parliament can such inconsistency must be avoided to foster better
enact another law on the centre-state relations.
same matter which
DOCTRINE OF HARMONIOUS CONSTRUCTION
amends, vary or repeal
law made by state • It is used to avoid any inconsistency, repugnancy or
legislature. conflict within two or more statutes, or provisions of
the constitution.
CRITICAL ANALYSIS OF SC JUDGMENT
• In case of contradiction, proper harmonization is to
Supreme Court’s conclusion is that if any provision in the be done between the conflicting parts so that one
State university law is repugnant to the UGC Regulations, part does not defeat the purpose of another.
the latter will prevail and the former will become void. So,
• If reconciling the differences is not possible then
on the one side we have an Act passed by a legislature and
interpretation must be done to give effect to both
on the other we have regulations made by a subordinate
provisions in a harmonious manner.
body such as the UGC. However, there are few contentious
issues which needs to be looked into: • Harmonising different laws or provisions should not
render either provision or law as useless.
• UGC Regulations are not laws made by Parliament
according to the provisions of Article 254. • Despite inconsistencies in state and central laws,
• State Laws enacted by its legislature gains supremacy there is a need for reconciliation - The Supreme Court
over Regulations made by University Grant held in S. Satyapal Reddy vs Govt. Of A.P. (1994) that
Commission. “the court must make every attempt to reconcile the

FOCUS | DECEMBER 2022 | RAU’S IAS 35

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Constituti0n, Polity and


Governance
provisions of the apparently conflicting laws and the • Entry 14 – Union List – Entering into treaties and
court would endeavour to give harmonious agreements with foreign countries and
construction. implementing of treaties, agreements and
• Apply Doctrine of Harmonious Construction - The conventions with foreign countries.
proper test would be whether effect can be given to the • Article 253 - Legislation for giving effect to
provisions of both laws or whether both the laws can international agreements - Notwithstanding
stand together”. When this is done in most of the cases, anything in the foregoing provisions of this Chapter,
there would be no need to strike down a State law on Parliament has power to make any law for the whole
the ground of repugnancy. or any part of the territory of India for implementing
CONCLUSION: Supreme Court need to ensure harmony any treaty, agreement or convention with any other
between central and state laws and need to clarify on the country or countries or any decision made at any
status of regulations and rules issued by central international conference, association or other body.
government agencies and their supremacy over laws • Article 73 - Extent of executive power of the
enacted by state legislatures. Union — (1) Subject to the provisions of this
Constitution, the executive power of the Union shall

FOLLOWING UK MODEL extend—


(a) to the matters with respect to which Parliament
ON TREATY RATIFICATION has power to make laws; and

#Treaty Implementation #Comparative (b) to the exercise of such rights, authority and
jurisdiction as are exercisable by the
Constitution #Article 253 Government of India by virtue of any treaty or
agreement.
India must adopt transparent mechanism ratification of TREATY MAKING & RATIFICATION – CONSTITUTIONAL
international agreement/treaties must also be subject to POSITION
Parliamentary scrutiny as it is in United Kingdom (UK).
• Competency of Parliament - Article 246 and 253
FUNDAMENTAL QUESTIONS RAISED BY NCRWC (2002) reflects Parliament’s power for law making to
• Lack of Parliamentary Debates - Entering into treaties implement international treaties or agreements agreed
and agreements with foreign powers is one of the upon by sovereign states. Thus, treaty making power is
attributes of State sovereignty. However, in India, treaty not within the exclusive competence of the Executive
ratification takes exclusively by the executive without and Parliament enjoys legislative competence.
consulting and taking into confidence either the • Discretion of the Executive – However, by virtue of
Parliament or other stakeholders. Article 73, Executive power of the Union extends, in the
• Fundamental Questions Raised by NCRWC - The absence of parliamentary legislation, to the matters
issue of treaty ratification was discussed in the with respect to which the Parliament has power to
Consultation Paper of the National Commission to make laws subject, of course, to constitutional
Review the Working of the Constitution. There were limitations.
three important issues which were raised on the topic: • Lack of Law on Treaty Ratification Empowers
1. To whom does this power belong – whether to the Executive - Parliament so far has not made any law
Executive or to the Parliament? regulating the procedure concerning the entering into
2. If it is the power of the Executive, whether it is subject treaties and agreements nor with respect to their
to Parliamentary control or supervision? implementation. Further, no law has been made
regulating the way the Government shall sign or ratify
3. What is the impact of treaty-making power conferred
the international conventions and covenants. This
by entry 14 of List I of the Seventh Schedule and Article
leaves the matter completely in the hands of the
253 of the Constitution upon the federal structure
Executive not only enter into treaties and agreements
which we have adopted for ourselves?
but also to decide the way they should be implemented,

FOCUS | DECEMBER 2022 | RAU’S IAS 36

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Constituti0n, Polity and


Governance
except where such implementation requires making of • Importance for UK to have bare minimum
a law by Parliament. FTA with the given information about FTA
• Promotion of international peace and security – country negotiations.
Article 51 - The State shall endeavor to— (a) promote • Suggests various impacts
international peace and security; (b) maintain just and of the FTA - economic
honorable relations between nations; (c) foster respect gains expected,
for international law and treaty obligations in the distributional impacts, the
dealings of organized peoples with one another; and (d) environmental impact,
encourage settlement of international disputes by and the labour and
arbitration. Since, Article 51 is part of DPSP; hence it human rights dimensions.
cannot be judicially enforced by virtue of Article 37.
2. DFIT PAPER CONTAINS
THE EFFECT OF TREATIES ON INDIAN DOMESTIC LAW INPUTS FROM IMPORTANT In India, Ministry of
• Legislation Needed to Implement International STAKEHOLDERS Commerce and
Treaties - The treaties entered by the Union of India do • Such as businesses, non- Industry also
not become enforceable at the hands of our courts and governmental undertakes
they do not become part of our domestic law unless organisations, and others stakeholder
passed as legislations by the Parliament. consultations and inter-
• Explains Government's
• Attorney General for Canada vs. Attorney General suggestions or views on ministerial meetings
for Ontario (1937) - India follows the general practice specific suggestions from but there is no public
as observed by the Privy Council in the case of Attorney stakeholders record of these
General for Canada vs. Attorney General for Ontario discussions and the
(1937) - Within the British Empire there is a well- government’s response
established rule that the making of a treaty is an to the concerns of
Executive act, while the performance of its obligations, stakeholders.
if they entail alteration of the existing domestic law,
3. SCRUTINY BY In India, there is no
requires legislative action.
INTERNATIONAL mechanism for such
• Jolly Verghese v. Bank of Cochin (1980) – Even though
AGREEMENTS COMMITTEE parliamentary scrutiny
Article 51(c) calls for fostering respect for international
OF UK PARLIAMENT of the executive’s
law and treaty obligations in the dealings of organized actions during the FTA
International Agreements
peoples with one another, yet an international treaty
Committee (IAC) of the negotiations. India’s
can only implement domestically, if a law has been
British Parliament parliamentary system
enacted by the Parliament. allows for department-
• hears expert witnesses on
COMPARISON – TREATY RATIFICATION PROCESS related parliamentary
the FTA
FOLLOWED IN UK &INDIA committees that
• critically examines the discuss various topics
UK INDIA government’s strategic
of importance and offer
1. PUBLISHING OF No such document is objectives for each FTA recommendations.
DETAILED FTA POLICY produced publicly that under negotiation & However, the
Department of International makes a case for • offers key Parliamentary Standing
Trade (DFIT) of U.K. signing an FTA and recommendations Committee on
publishes a policy paper assessing its impact on wherever it finds gaps in Commerce (PSCC)
which provides: the environment and the government’s rarely scrutinises the
society at large. The approach. Indian government’s
• strategic objectives
Commerce Ministry — UK Government then objectives behind
behind negotiating an FTA
the nodal body dealing responds to such negotiating and signing
with FTAs — on its recommendations of IAC. an FTA.
website provides the

FOCUS | DECEMBER 2022 | RAU’S IAS 37

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4. TREATY LAID BEFORE In India, there is no treaty/agreement/convention proposed to be signed
BRITISH PARLIAMENT mechanism for any role and/or proposed to be ratified shall be referred.
BEFORE RATIFICATION of Parliament in the Committee shall also investigate the statement setting
ratification of treaties out the important features of the treaty/agreement,
In the U.K, under the
including FTAs. Entering reasons for which such treaty/agreement is proposed
Constitutional Reform and
treaties and matters to be entered, the impact of the treaty/agreement upon
Governance Act, 2010, the
incidental to it such as our country and upon our citizens.
executive must lay down a
treaty before the British negotiations, signing • Treaty to be Referred to Parliament or NOT - The
Parliament for 21 sitting days and ratification are committee must decide within four weeks whether the
with an explanatory within the treaty should be allowed to be signed by the Union
memorandum before constitutional Executive without referring the matter for
ratifying it. This ensures competence of consideration to Parliament or whether it should be
Parliamentary Control over Parliament. But referred to Parliament for consideration.
the action of the Executive Parliament in the last • The committee should be a statutory committee
seven-plus decades has clothed, of course, with all the powers of a
not exercised its power Parliamentary Committee.
on this issue, thus
• It would equally be desirable if the law made by the
giving the executive
Parliament categories Treaties, Agreements,
unfettered freedom in
Conventions, Covenants which
negotiating, signing,
(a) The executive can negotiate and conclude on
and ratifying treaties
its own and then place it before both Houses of
including FTAs.
Parliament by way of information. In this category
RECOMMENDATIONS OF NCRWC may be included simple bilateral treaties and
• Parliament should make a law - “entering into treaties agreements which do not affect the economy or
and agreements with foreign countries and the rights of the citizens.
implementing of treaties, agreements and conventions (b) Those treaties etc. which the executive can
with foreign countries” as contemplated by Entry 14 of negotiate and sign but shall not ratify until
List 1 of the seventh Schedule to the constitution. they are approved by the Parliament - Here
• The law should regulate the treaty-making power‟ again, a sub-categorisation can be attempted:
which shall include the power to enter into agreements Some treaties may be made subject to approval by
and the implementation of treaties, agreements and default (laying on the table of the House for a
conventions. particular period) and others which must be made
• Executive Does Not Have Sole Prerogative - Under subject to a positive approval by way of a
our constitutional system, it is not the prerogative of the resolution.
Executive and it is also a matter within the competence (c) Involve Parliament even at Stage of
of Parliament and it should exercise that power in the Negotiation - Important, multi-lateral treaties
interest of the State and its citizens. concerning trade, services, investment, etc. (e.g.,
• Transparency & Accountability important for Uruguay round of treaties/agreements signed in
democracy - The power of treaty-making has far- 1994 at Marrakesh), where the Parliament must be
reaching consequences for the people and to our polity involved even at the stage of negotiation. To
that the element of accountability should be introduced ensure secrecy, a special procedure may be
into the process. Besides accountability, the exercise of provided, subject to subsequent Parliamentary
power must be open and transparent except where approval consistent with the requirements of
secrecy is called for in national interest. secrecy.

• Constitute Parliamentary Committee to investigate • Democratise Treaty Making Process - The law made
International Treaties & its impacts - every by Parliament must also provide for consultation with
affected group of persons, organizations and

FOCUS | DECEMBER 2022 | RAU’S IAS 38

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Governance
stakeholders, in general. This would go to democratize government enjoys jurisdiction over the functioning of
further the process of treaty making. police and overall law and order in the society.
• The transfer and posting also lies in the hand of Home

CENTRE-STATE Ministry of the state government.


State List
COLLABORATION NEEDED Entry 1 - Public order (but not including the use of any
naval, military or air force or any other armed force of the
FOR POLICE REFORMS Union or of any other force subject to the control of the
#Centre-State Relations #Police Reforms Union or of any contingent or unit thereof in aid of the civil
power).
#CBI
Entry 2 - Police (including railway and village police)
subject to the provisions of entry 2A of List I.
Increasing friction between centre and such states ruled by
Union List
opposition parties on the functioning of police including
carrying on investigations. The increased friction can also be Entry 2A - Deployment of any armed force of the Union or
noted from the fact that state of Bihar, West Bengal and Tamil any other force subject to the control of the Union or any
Nadu has also withdrawn the general consent for the Central contingent or unit thereof in any State in aid of the civil
Bureau of Investigation. It is also distressing that there is still power; powers, jurisdiction, privileges and liabilities of the
conflict between the Ministry of Home Affairs (MHA) and some members of such forces while on such deployment. [Entry
States over utilising talent in the IPS and the sharing of 2A is inserted by Constitution (Forty-second Amendment)
resources available in the States. It is important to note that Act, 1976]
under Article 355 of the Indian Constitution, it is the duty of Entry 80 - Extension of the powers and jurisdiction of
the Union to protect every State against external aggression members of a police force belonging to any State to any
and internal disturbance and to ensure that the Government area outside that State, but not so as to enable the police
of every State is carried on in accordance with the provisions of one State to exercise powers and jurisdiction in any area
of this Constitution. outside that State without the consent of the Government
IMPORTANCE OF CENTRE & NEED FOR BONHOMIE of the State in which such area is situated; extension of the
powers and jurisdiction of members of a police force
• Centre is the senior partner in a collaborative
belonging to any State to railway areas outside that State.
partnership with state and center has always supported
states by deploying the Central Reserve Police Force DUTY OF MINISTRY OF HOME AFFAIRS (MHA) TO
(CRPF). PROTECT STATES

• Even other central agencies such as Border Security • Multiple Responsibilities for MHA - Despite Police
Force (BSF), the Indo Tibetan Border Police (ITBP) and being a state subject, Ministry of Home Affairs
the Central Industrial Security Force (CISF) have also discharges multifarious responsibilities, the important
worked along with the State Police. among them being - internal security, border
management, Centre-State relations, administration of
• Another basic point that has been ignored is that crime
Union Territories, management of Central Armed Police
and bureaucratic corruption have inter-State
Forces, disaster management, etc.
ramifications and only a national agency can bring in a
much needed and wide perspective. • Duty of Union to Protect States (Article 355) - Even
though under Entries 1 and 2 of List II – ‘State List’ – in
• Steps taken by States to withdraw consent to the CBI to
the Seventh Schedule to the Constitution of India,
function in State smacks of politics and vindictiveness,
‘public order’ and ‘police’ are the responsibilities of
which diminishes the fight against public servant graft.
States, Article 355 of the Constitution enjoins the Union
POLICE UNDER STATE LIST OF SEVENTH SCHEDULE
to protect every State against external aggression and
• Police is under State List under the Seventh Schedule of internal disturbance and to ensure that the
the Indian Constitution and accordingly state Government of every State is carried on in accordance
with the provisions of the Constitution.

FOCUS | DECEMBER 2022 | RAU’S IAS 39

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• Continuous Monitoring by MHA - In pursuance of Central Bureau of Investigation (CBI) to investigate
these obligations, the Ministry of Home Affairs cases of corruption in the state.
continuously monitors the internal security situation, RIGHTS OF CBI TO CONDUCT INVESTIGATION
issues appropriate advisories, shares intelligence
• Section 6 of DSPE is based on Entry 80 of the Union List
inputs, extends manpower and financial support,
which allows extension of powers and jurisdiction of
guidance and expertise to the State Governments for
police force of one State in another State but not
maintenance of security, peace and harmony without
without the consent of other state.
encroaching upon the constitutional rights of the
• However, Withdrawal of Consent by State Government
States.
is Not Absolute as:
• Training & Technology - Despite ‘Police’ being under
state list, ’Training and technology are two areas where o It does not affect pending investigation.
the Centre contributes immensely to sharpening police o CBI can investigate cases registered in another state
ability to combat terrorism and other major public in relation to continuing investigation.
disturbances. The Sardar Vallabhbhai Patel National o Constitutional Courts can allow CBI investigation
Police Academy in Hyderabad is a world-class despite state’s withdrawal.
institution that has resources and the professional
CONSTRAINED FUNCTIONING
excellence which are generously available to State
• Despite these advantages, withdrawal of consent by
police forces.
states limits the functioning of CBI in conducting
PROVIDING AND WITHDRAWAL OF CONSENT GIVEN TO
investigation.
CBI BY STATE GOVERNMENT (SECTION 6)
• Due to functional constraints in matters of investigation
• CBI derives power to investigate from the Delhi Special
on corruption against central government employees,
Police Establishment Act, 1946. After promulgation of
CBI has filed a petition in the Supreme Court against
the Act, superintendence of SPE was transferred to the
withdrawal of consent by states.
Home Department and its functions were enlarged to
FEDERAL ISSUES
cover all departments of the Government of India.
• CBI is not empowered under DSPE to investigate
• The jurisdiction of SPE was extended to all the Union
matters pertaining to federal crimes and hence cannot
territories and the Act provided for its extension to
initiate fresh investigations in state without state’s
States with the consent of the State Government.
consent.
• The Headquarters of SPE was shifted to Delhi and the
• States have withdrawn consent to safeguard their
organisation was put under the charge of Director,
federal rights against unscrupulous interference by the
Intelligence Bureau. However, in 1948, a post of
central government through CBI and other agencies.
Inspector General of Police, SPE was created and the
organisation was placed under his charge. • Supreme Court in S.R. Bommai had stated that the
States are not mere appendages of the Union and
• CBI does not have jurisdiction to investigate any
described federalism as a concept which unites
case in any state government unless the state
separate States into a Union without sacrificing State’s
government provides consent for the same.
own fundamental political integrity.
• Section 6 - Delhi Special Police Establishment Act, 1946
SUGGESTED REFORMS FOR CBI
empowers state governments to provide consent or
even withdraw consent to CBI. The general consent is There has been a demand of structural reforms at CBI
necessary for CBI as the jurisdiction of the CBI and other including its own laws and responsibilities.
agencies covered under Delhi Special Police • L.P. Singh Committee and 2nd ARC have
Establishment Act, 1946 is confined to Delhi and Union recommended enactment of a comprehensive central
Territories. legislation to remove the deficiencies of not having a
• Earlier, state government of Andhra Pradesh and West central investigative agency having its own laws and
Bengal had withdrawn the “general consent” given to charter of duties and functions.

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• 19th and 24th Reports of Parliamentary Standing recommend appointment and transfer of judges of
Committees of 2007 and 2008 suggested higher judiciary.
strengthening of legal mandate, infrastructure and • The collegium system evolved through three different
financial resources of CBI to ensure independence in its judgments which are collectively known as the Three
functioning and autonomy from political and Judges Cases.
bureaucratic lobby.
• Now, recommendations of collegium have been made
• 24th Parliamentary Standing Committee even public on the website of Supreme Court including the
suggested CBI to take Suo moto cognizance of crimes reasons for appointment or transfer.
and to give CBI pan Indian jurisdiction including
jurisdiction to investigate corruption charges against When does Collegium has 5+1 Members?
officers of All India Services. • As per the Third Judges Case, Collegium comprises 5
WAY FORWARD senior most Judges including the successor CJI. In
most situations, one of the 4 senior most judges is
• Petty squabbling reduces the exchange of ideas and
the successor CJI.
goes to attenuating the police response to difficult
situations that require police assistance. • However, if the incumbent CJI’s tenure outlives the
tenure of the remaining 4 judges, then the Judge
• Thus, political leadership should try to reconcile any
likely to succeed the incumbent CJI, is also included
differences with states and promotes free exchange of
in the Collegium.
talent and resources between Centre and States.
• This makes the Collegium to function with 5+1 senior
• This will not only ensure better coordination between
most Judges of Supreme Court including the present
centre and states for improved functioning of police
CJI.
and other investigative agencies but also keep the
states secured from any domestic or international • Given the order of seniority, a potential CJI will enter
disturbances. the Chandrachud collegium only in May 2023.
However, Justice Khanna will be the sixth member of
the collegium from November 9, 2022 itself.
EXECUTIVE VERSUS WHO ENJOYS PRIMACY IN JUDICIAL APPOINTMENT –

JUDICIARY EXECUTIVE OR JUDICIARY?


• Article 124(2) - The whole issue of primacy can be
#Judicial Appointment #Collegium #NJAC traced to the wordings of Article 124(2), change in the
meaning after Second and Third Judges Case and later
Friction between executive and judiciary has escalated after amendment by the Constitution 99th Amendment.
Union Law Minister objected to Collegium System of
ARTICLE 124(2) - PRIOR TO ARTICLE 124(2) - AFTER
appointment for Judges of Higher Judiciary and stated that it
CONST. TO CONST.
is not only opaque but also alien to the Constitution of India.
99TH AMENDMENT 99TH AMENDMENT
Supreme Court’s Collegium had sent the file to the Ministry of
Law and Justice for appointing Judges of High Court. However, • Every Judge of the • Every Judge of the
the Ministry has returned 19 names out of 21 names Supreme Court Supreme Court
suggested for appointment. Even the Vice-President of India • shall be appointed by the • shall be appointed by
has questioned the powers of undoing a constitutional President by warrant the President by
amendment (Constitution 99th Amendment-NJAC) by the under his hand and seal warrant under his
judiciary. Supreme Court has also accepted a petition hand and seal
• after consultation with
challenging the appointment of Judges of High Court and
such of the Judges of the • on the
Supreme Court by the Collegium.
Supreme Court and of recommendation of
WHAT IS A COLLEGIUM? the High Courts in the the National Judicial
• The Collegium System is one where the CJI and a forum States as the President Appointments
of four senior-most judges of the Supreme Court

FOCUS | DECEMBER 2022 | RAU’S IAS 41

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may deem necessary for Commission referred o As soon as the warrant of appointment is signed by
the purpose to in article 124A the President, the Secretary to the Government of
• and shall hold office until • and shall hold office India in the Department of Justice announces the
he attains the age of until he attains the age appointment and issue the necessary notification in
sixty-five years of sixty-five years. the Gazette of India.
• High Court Judges
• Consultation with Judges was not given primacy by
the executive prior to the Second Judges Case – This • Initiation of the proposal for the appointment of Chief
has even led to deviation from the seniority principle in Justice of a High Court is made by the Chief Justice of
the past by former PM Indira Gandhi twice when she India.
appointed • The process of appointment must be initiated well in
o Justice A.N. Ray superseding Justice Shelat, the time to ensure the completion at least one month prior
senior-most Judge of the Court as well as two other to the date of anticipated vacancy for the Chief Justice
Judges. of the High Court.

o Justice M.H. Beg (after retirement of Justice A.N.Ray) • After receipt of the recommendation of the Chief Justice
superseding Justice Khanna. of India, the Union Minister of Law, Justice and
Company Affairs would obtain the views of the
PETITION CHALLENGING THE COLLEGIUM BASED
concerned State Government.
APPOINTMENT
• After receipt of the views of the State Government, the
• Rewriting the Constitution - The Collegium system of
Union Minister of Law, Justice and Company Affairs,
appointment amounts to rewriting the constitution and
submit the recommendations to the Prime Minister
has monopolized appointment of Judges to Higher
who then advises the President for appointment. As
Judiciary by the Collegium.
soon as the appointment is approved by the President,
• Issue Writ of Mandamus - to order the government to the Department of Justice will announce the
constitute an appointment commission independent of appointment and issue necessary notification in the
both the executive and the judiciary to select Gazette of India.
candidates for judicial appointment in a transparent
• So, when files are sent to the Union Minister of Law,
manner.
Justice and Company Affairs, the government can
CAN THE GOVERNMENT DELAY APPOINTMENT AFTER withhold the files or conduct preliminary inquiry
RECOMMENDATIONS BY THE COLLEGIUM? against the name suggested by the Collegium for
• Memorandum of Procedure for appointment of appointment. This may cause delay as the MoP does
Judges of High Court and Supreme Court has laid down not fix any timeline for the government to appoint
an elaborate procedure whereby the recommendations the Judges.
of the Collegium are forwarded to the Union Minister of FIRST JUDGES CASE - S.P GUPTA VS. UNION OF INDIA
Law and Justice. (1982) – (IN FAVOUR OF EXECUTIVE)
• Supreme Court Judges • SC held - opinions of Chief Justice of India (CJI) and Chief
o After receipt of the final recommendation of the Justice of respective High Courts were merely
Chief Justice of India, the Union Minister of Law, “consultative” and the power of appointment resides
Justice and Company Affairs submit the solely and exclusively with the Central Government.
recommendations to the Prime Minister who then • Central government “could” override the opinions given
advises the President for appointment. by the Judges. Thus, the opinion of Chief Justice of India
o As soon as the appointment is approved, the in matters of appointment was not given primacy in
Secretary to the Government of India in the matters of judicial appointments under Article 217(1).
Department of Justice informs the Chief Justice of SECOND JUDGES CASE - S.C. ADVOCATES ON RECORD
India and obtain from the person selected a ASSOCIATION V. UNION OF INDIA (1993) – (PRIMACY OF
certificate of physical fitness signed by a Civil JUDICIARY) – THE MATTER WAS DECIDED BY NINE JUDGE
Surgeon or a District Medical Officer. CONSTITUTION BENCH

FOCUS | DECEMBER 2022 | RAU’S IAS 42

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Constituti0n, Polity and


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• The Court considered the question of “Primacy of COLLEGIUM SYSTEM OF APPOINTMENT
opinion of CJI in regard to appointment of Supreme
Court Judges”. The Court said that the question had to Demerits/Concerns of
Merits of Collegium
be considered in the context of achieving constitutional Collegium
purpose of selecting the best to ensure the • Ensures • Lack of transparency and
independence of judiciary and thereby preserving Independence of Accountability in the
democracy. Judiciary as appointment process –
• Referring to ‘Consultative Process’ as envisaged in mandated in The decisions of the
Article 124(2), SC emphasized that Government does Article 50 – from Collegium is published on
NOT enjoy primacy or absolute discretion in interference of the website of Supreme Court
matters of appointment of Supreme Court judges. Executive. but does not reveal:
• Court said that provision for consultation with Chief • Views of SC & HC o methodology or reasons
Justice was introduced as CJI is best equipped to Judges taken in provided for transfer or
know and assess the worth and suitability of a writing. promotion of judges.
candidate and it was also necessary to eliminate • Prevalence of o ground to select senior
political influence. Majority Opinion lawyers for appointment
• Selection should be made because of ‘Participatory favours as Judges of SC or HC.
Consultative Process’ where Executive has the power democratic • Lack of Consensus among
to act as a mere check on the exercise of power by CJI process of members of Collegium
to achieve constitutional purpose. appointment. results in delay or even
• SC held that initiation of the proposal for appointment • Reservations of reversal of decisions at
of a Supreme Court Judge must be by the Chief Justice. even two Judges times.
THIRD JUDGES CASE - (1999) - RE: PRESIDENTIAL of Collegium • Nepotism – Accusations of
REFERENCE (EMERGENCE OF COLLEGIUM SYSTEM) taken seriously favouritism and preferential
and halts treatment to members from
• Supreme Court on a reference made by the President
appointment judicial fraternity.
under Article 143 has laid down the following
process for
proposition with respect to appointment of Supreme • Nepotism impacting
doubtful
Court judges: Quality of Judgment -
candidates.
o While making recommendation, CJI shall consult especially in High Courts.
• Allows talented
four senior most Judges of Supreme Court. This • Politicization of judiciary:
lawyers from the
led to the emergence of present Collegium System. Lack of transparency in
bar to be
o The opinion of all members of collegium regarding selection criteria especially
appointed as
their recommendation shall be in writing. for High Courts leads to
Judges of HC/SC.
politically motivated
o The views of the senior-most Supreme Court Judge
appointments.
who hails from the High Court from where the
person recommended comes must be obtained in • Absence of Permanent
writing for Collegium’s consideration. Commission: Law
Commission’s 121st Report
o If majority of the Collegium is against the
proposed to set up a
appointment of a particular person, that person shall
National Judicial Service
not be appointed.
Commission for
o Even if two of the judges have reservation against appointment of Judges.
appointment of a particular Judge, CJI would not
Even NCRWC in its 2002
press for such appointment. Report highlighted the need
o A High Court Judge of outstanding merit can be for National Judicial
appointed as Supreme Court Judge regardless of his Commission for the purpose
standing in the seniority list.

FOCUS | DECEMBER 2022 | RAU’S IAS 43

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Constituti0n, Polity and


Governance
of appointments to higher including the investigation necessary to prove
judiciary. misbehaviour or incapacity.
• SC declaring NJAC Act and • Salary of Judges cannot be reduced - Article 125 (2) -
Constitution 99th Salary of Judges is fixed by Parliament and it cannot be
Amendment as reduced during the tenure of a Judge. Privileges,
unconstitutional. allowances, leaves and pension provided to a Judge
cannot be varied or reduced to their disadvantage.
NJAC ACT DECLARED AS UNCONSTITUTIONAL
• Expense of Supreme Court charged upon
• Violation of Basic Structure - Five Judge Bench of
Consolidated Fund of India – Article 146 (3) – This
Supreme Court [4:1] declared the Constitution 99th
ensures financial independence of judiciary away from
Amendment Act and the National Judicial Appointment
Parliament’s vote on the matter or executive’s pressure
Commission Act, 2014 as unconstitutional as it violated
or influence.
the Basic Structure of the Indian Constitution.
• Jurisdiction of Courts cannot be diminished -
• Inclusion of Members of Executive - Constitution 99th
Parliament cannot reduce jurisdiction of Supreme
Amendment introduced Article 124A which provided for
Court or High Court by passing any law on appeals or
the constitution and composition of the National
Supreme Court’s Original Jurisdiction under Article 131
Judicial Appointments Commission (NJAC) which apart
with respect to dispute between centre and states.
from members of Judiciary also included Union Minister
of Law & Justice and two Eminent Persons to be • Constitution insulates Judges from criticism in
appointed by the Central Government. Parliament & State Legislature –Parliament or State
Legislature cannot discuss the conduct of Judge in
• Violation of Independence of Judiciary - SC held that
discharge of their duties.
Article 124A was insufficient to preserve the primacy of
the judiciary, in the matter of selection and • Protection from Contempt Proceedings - Supreme
appointment of Judges to the higher judiciary as Court in Keshav Singh case held that Article 121 and 211
inclusion of members of executed violated also protects a Judge of Court from any contempt
independence of judiciary and the aspect of separation proceedings which may be taken against them in
of powers. Accordingly, Article 124A (a) to (d) was set discharge of their duties.
aside by the Constitution Bench as being ultra vires. • Collegium System – This has further strengthened
• Collegium System to Continue - The judgment judicial independence as interference from executive in
officially allowed Collegium System for appointment appointment is ruled out.
and transfer to continue. IS THERE A POSSIBILITY OF EROSION OF JUDICIAL
CONSTITUTIONAL & LEGAL PROVISION TO ENSURE INDEPENDENCE DESPITE CONSTITUTIONAL
JUDICIAL INDEPENDENCE GUARANTEES?

• Separation of Power - Article 50 - Separation of Power • Post-Retirement Benefits - There is always a lurking
between Legislature, Executive and Judiciary – is now a danger of judicial independence being eroded by
part of Basic Structure of the Indian Constitution. prevailing practices of post retirement re-employment
of retired SC/HC Judges in various executive capacities.
• Security of Tenure of Judges – Judge of Supreme Court
For ex - Former CJI Ranjan Gogoi was nominated to
or High Court cannot be removed arbitrarily by the
Rajya Sabha within four months of his superannuation.
executive and their removal must undergo rigorous
Former CJI P. Sathasivam was appointed as Governor of
legislative scrutiny as provided under Article 124
Kerala.
(4). Further, Article 124 (5) mentions that removal of
judge on grounds of • Ban on Pleading - The only ban imposed by the
“misbehaviour” and “incapacity” can be prescribed by Constitution on Supreme Court Judge is that he cannot
law made by Parliament. plead or practice in any Court or before any authority.

• The Judges Enquiry Act, 1968 – lays down the process • Arbitration Practice - Most Supreme Court Judges on
to remove Judges of Supreme Court and High Court retirement start their Arbitration Practice. This may
develop a prior linkage or affiliation with any corporate,

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Constituti0n, Polity and


Governance
company, industry or organisation for a future on demand and delays in payment of wages for work
job. Such prior linkage pre-retirement may impact undertaken.
judgments pronounced prior retirement. • Involvement of Panchayats - Plans and decisions
• No Constitutional Bar on retired SC/HC Judges regarding the nature and choice of works to be
entering Active Politics – Lure of participation in active undertaken, the order in which each worksite selection
politics by political parties further erodes judicial etc., are all to be made in open assemblies of the Gram
independence. As part of quid pro quo, judges may Sabha (GS) and ratified by the Gram Parishad.
deliver favourable judgment and this overall may • Social audit is a new feature of MGNREGA which
hamper judicial independence. creates accountability of performance, especially
WAY FORWARD - Till the time government comes up with towards immediate stakeholders.
legislation for National Judicial Appointment Commission, • The mandate of the MGNREGA is to provide at least
appointment through Collegium system must be 100 days of guaranteed wage employment in a financial
reformed by providing criteria for appointment of judges year to every rural household whose adult members
in the public domain. This will help to improve volunteer to do unskilled manual work.
transparency and accountability in the system of
• The core objectives of the MGNREGS are:
Collegium based appointment for Judges.
(a) Providing not less than one hundred days of
unskilled manual work as a guaranteed
6 TH
CRM ON MGNREGA – employment in a financial year to every household
in rural areas as per demand, resulting in creation
2022 of productive assets of prescribed quality and
durability.
#MGNREGA#CRM-Recommendations
(b) There is also a provision for additional 50 days of
unskilled wage employment in a financial year in
drought/natural calamity notified rural areas.
National Level Monitoring, Common Review Mission and (c) Strengthening the livelihood resource base of the
Internal Audits are some of the periodic exercises carried out poor.
to monitor implementation of MGNREGA at grassroot level. (d) Proactively ensuring social inclusion and
The Ministry of Rural Development in its Sixth Common Review
(e) Strengthening Panchayati Raj Institutions.
Mission (CRM) has called for decentralisation of the
programme to allow greater flexibility in its implementation. • Goals of MGNREGA are:
Sixth CRM has observed that MGNREGA has secured livelihood (a) Social protection for the most vulnerable people
along with creation of durable and diverse community assets living in rural India by guaranteeing wage
with a focus on agriculture, creating durable infrastructure employment opportunities.
like agricultural produce storage building, Solid Wealth (b) Enhance livelihood security of the rural poor
Processing Unit, Gram Panchayat Secretariat etc. through generation of wage employment
UNDERSTANDING MGNREGA opportunities in works leading to creation of
• The Mahatma Gandhi National Rural Employment durable assets.
Guarantee Act, 2005 is the foundation for the (c) Rejuvenate natural resource base of rural areas.
Mahatma Gandhi National Rural Employment (d) Create a durable and productive rural asset base.
Guarantee Scheme Mahatma Gandhi NREGS) and
(e) Empowerment of the socially disadvantaged,
provides guaranteed employment.
especially, women, Scheduled Castes (SCs) and
• Demand Based Employment - MGNREGA is bottom- Scheduled Tribes (STs), through the processes of a
up, people centred, demand-driven, self-selecting and rights-based legislation.
rights-based programme. It provides a legal guarantee
(f) Strengthen decentralised, participatory planning
for wage employment by providing allowances and
through convergence of various anti-poverty and
compensation both in cases of failure to provide work
livelihoods initiatives.

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(g) Deepen democracy at the grassroots by EMPLOYMENT STATUS UNDER MGNREGA
strengthening Panchayati Raj Institutions. • Data on Job Employment - The details of households
• State Government may by notification make rules demanded employment and households offered
to carry out the provisions of Act subject to the employment under Mahatma Gandhi NREGS in last
conditions of consistency with Mahatma Gandhi NREGA three financial years 2019-2020, 2020-2021, 2021-2022
and rules made by the Central Government. and current financial year 2022-23 (as on 31.07.2022) is
• Transfer of Funds - MGNREGA is demand driven wage given below:
employment programme and resource transfer from Financial Year 2019- 2020- 2021- 2022-
Centre to States is based on the demand for 20 21 22 23
employment in each State.
Households 6.16 8.55 8.06 5.09
PERMISSIBLE WORK UNDER MGNREGA demanded
• Mahatma Gandhi National Rural Employment employment
Guarantee Act allows Central Government to add new (in crores)
works in the permissible list of works under Schedule 1 Households 6.15 8.54 8.02 5.08
of the Act. offered
• As per Schedule 1 of Act, there are 265 permissible employment
works under Mahatma Gandhi NREGA. (in crore)

• The demand from States to add work in the list of • MGNREGA provided employment during COVID
permissible works is examined in consultation with Pandemic – not only to the members of rural
stakeholders. household but also to the families which migrated back
• Also, the list of permissible works is reviewed annually from the cities due to job loss and lockdown.
by a Committee of Central Government having different • Demand for work under MGNREGA increased during
States as member of the Committee. the Pandemic – Up to 72% more household demanded
• Recently, plantation of Dragon-fruit under horticulture work in July 2020 as compared to July 2019 and up to
plantation has been permitted under the Scheme 66% more household demanded work in August 2020
against the request from States keeping in view the as compared to August 2019.
local requirements and the objective of MGNREGA Act. • Significant proportion of women worked under the
• Some of recently added works in the list of permissible employment guarantee scheme
works under Mahatma Gandhi NREGA are given below:
o Construction of bio-gas plant for individual
o Unskilled wage component towards the construction
of bio-gas plant for community.
o Maintenance of tunnel constructed by Border Road
Organisation (BRO); and
o Maintenance of bridges constructed by Border Road
Organisation (BRO)

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GENERAL RECOMMENDATIONS tagging of all works Card Holders. Wage
• Need for greater diversification of permissible work done. payment for other
under the MGNREGA Act. categories also
pending.
• Broad categories of work should be listed and flexibility
should be given at the ground level to select types of • Caste category-wise
work. payment system has
become problematic
• Job Card needs to be updated for better access and
– leads to
information despite presence of digital records.
discrimination which
• Payments to material vendors need to be done in timely
challenges social
manner.
equality and dignity of
• Timely and Regular flow of the funds needs to be people.
ensured as effective fund flow is the backbone of any
• Low Awareness
government scheme.
Level among people
• Option of Revolving Fund may be explored to ensure on different types of
timely flow of funds. Revolving Fund is a fund or an work available under
account that remains available to finance an MGNREGA in the
organization's continuing operations without any fiscal state.
year limitation.
Suggestions
• There is a need for common vertical and social audit for
• Social Audit needs to be carried on an urgent
all schemes of Ministry of Rural Development and
basis
Ministry of Panchayati Raj.
• The non-wage component (material) can be
STATE WISE OBSERVATION OF 6TH CRM
released partially before the work starts, else
ARUNACHAL PRADESH carrying on allotted work is difficult.

Observations Challenges

• MGNREGA has provided • Lack of Social Audit – ANDHRA PRADESH


on an average 47 days as it has not been Observations Challenges
works per household. done for the last 2
years and awareness • Job Cards are generally • Demand for
• Types of Work
about provisions of provided on time increase in
Undertaken – Roads
the scheme remains especially after entitlement of
Connectivity, Farm
low. appointment of Digital employment days
Ponds, Micro-irrigation
Assistant at Gram from 100 days to
canals, afforestation, • Lack of Childcare
Sachivalaya (Secretariat) 150 days especially
land/flood protection Facilities as Worksite
who is now authorised to in tribal and dry
walls. – This remains one of
issue job cards at the Gram regions
• The state is the challenges
Panchayat level. • Difficult to
undertaking 47.5% of especially for the
women workers. • 100% Geo-tagging of work implement
work on agriculture
• Water conservation works attendance two
and allied activities – it • Other Facilities such
is about 65.29% of the times in a day.
should be 60% as per as water, shade etc.
MoRD Guidelines. are not available in total work • Additional list of
any of the workplace. • Floriculture, Horticulture work needs to be
• The major work of
and avenue plantations brought under
MGNREGA is in natural • Delay in wage
have been introduced MGNREGA.
resource management payment for
(56.46%) and geo- Scheduled Tribes Job under MGNREGA

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GUJARAT to include Paharis, a linguistic minority, in the Scheduled
Tribes (ST) list recently.
Observations Challenges
LIST OF SCHEDULED TRIBES IN JAMMU & KASHMIR
• The state has shown • Number of Active
good convergence both Job Card Users
within and with outside were very low – as
department -such as compared to the
Forest, Sports, Women total number of job WHY IN NEWS?
and Child Development. cards issued. • Members of the Jammu-Kashmir Gujjar Bakerwal Joint
• Miyawaki Plantation • Payment of wages Action Committee met Union Home Minister in Delhi
(create urban forestry in and material cost amidst fear that inclusion of Paharis within ST List
short span of time) has have been pending would deprive them off their rights in education and
been undertaken in for three months in jobs.
many Gram Panchayats various villages. • However, they were assured that a special legislation
in convergence with the • High turnout ratio will be brought to ensure that inclusion of Paharis does
forest department and is of contractual not impact the current quota of STs.
a good initiative to have staffs impacts • Gujjar and Bakerwals are opposed to G.D Sharma
green cover within 3-4 implementation of Commission’s recommendations to include Paharis in
years. schemes under the ST list.
• Watering of plants is MGNREGA. • The National Commission for Scheduled Tribes (NCST)
being done from has also given a go-ahead to the inclusion of Pahari
adjoining farmer’s water ethnic people, a linguistic minority of J&K, along with
source through SHGs. Paddari tribe, Kolis and Gadda Brahmans in the ST list.
• No biometric system of • Paharis comprise a mixed population of both Hindus
attendance was and Muslims unlike Gujjars and Bakerwals who are
observed at any of the Muslims.
MGNREGA sites.
PAHARI COMMUNITY
Suggestions • Pahari Community includes Hindus and Muslims and is
• Provision for creating Revolving Fund at state largely based on the language spoken by them in the
level can be considered – to fill up the gap between hills. They largely reside in Rajouri, Poonch, Baramulla,
release of funds by MoRD and payment towards Anantnag and Kupwara districts.
wage and material cost. • Although the Gujjar-Bakerwal tribes and Pahari
• Contractual staffs can be incentivised by giving community are born in the same social and cultural
regular increments and through career progressions milieu, the former (Gujjar-Bakerwal) live a nomadic life,
to improve turnout ratio. shuttling between Kashmir and Jammu regions with
their livestock, while the latter (Pahari) are socially
stratified, economically well-off and culturally moored
PAHARIS INCLUDED with caste and other ethnic divisions.
• Paharis are largely found in the region between the
WITHIN SCHEDULED TRIBE Jhelum and Chenab rivers in the districts of Poonch and
#Scheduled Tribe #Pahari Rajouri in Jammu and Uri of Baramulla district and
Karnah and Tanghdar in Kupwara district.
SCHEDULED TRIBES
The Save Tribals March (STM), a street agitation launched by
• The framers of the Constitution realised that certain
Gujjar and Bakarwals activists, was called off after passing
communities in the country were suffering from
through 12 districts in J&K in protest the government’s move
extreme social, educational and economic

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backwardness on account of the primitive agricultural • Primitiveness, geographical isolation, shyness and
practices, lack of infrastructure facilities and social, educational & economic backwardness due to
geographical isolation. these reasons are the traits that distinguish Scheduled
• The Constitution of India in Article 366 (25) prescribe Tribe communities of our country from other
that the Scheduled Tribes means such tribes or tribal communities.
communities as are deemed under Article 342 of the • It considers the definitions of tribal Communities
Constitution to be Scheduled Tribes. adopted in the 1931 Census.
ARTICLE 342 (1) • These facts are the basis for the provision in Article
• The President may - with respect to any State or Union 342(1) which mandates to specify the tribes or tribal
Territory, communities or part of or groups within tribes or tribal
• and where it is a State, after consultation with the communities as Scheduled Tribe in relation to that State
Governor thereof, or Union Territory as the case may be.

• by a public notification, • Thus, the list of Scheduled Tribes is State/UT specific


and a community declared as a Scheduled Tribe in a
• specify the tribes or tribal communities or part of or
State need not be so in another State.
groups within tribes or tribal communities as Scheduled
Tribe • The Presidential notifications under Clause 1 of Article
342 of the Constitution are issued as the Constitution
ARTICLE 342 (2)
Orders.
• Parliament may be law
• include in or exclude from the list of Scheduled Tribes
(prepared through Presidential notification) GOVT APPOINTS NEW LAW
• any tribe or tribal community or part of or group within
any tribe or tribal community
COMMISSION
Based on Article 342, Parliament enacted THE CHAIRPERSON
CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950
which contains a list of tribes or groups designated as
#Law Commission #22 n d Law Commission of
Scheduled Tribes. This Order is amended from time to India
time to include more groups or communities within the ST
Fold. Justice Ritu Raj Awasthi, Retired Chief Justice, Karnataka High
CRITERIA TO DESIGNATE AS ST Court has been appointed as the Chairperson of Law
Commission of India along with Justice K.T. Sankaran, Retired
The criteria presently followed for specification of a
community as a Scheduled Tribe are: Judge, Kerala High Court as Member and Shri M. Karunanithi,
Advocate, Madurai, Tamil Nadu as Part Time Member. The
(i) indications of primitive traits
Law Commission of India is a non-statutory body constituted
(ii) distinctive culture
by the Government of India from time to time. The
(iii) geographical isolation Commission was originally constituted in 1955 and is re-
(iv) shyness of contact with the community at large, and constituted every three years.
(v) backwardness HOW DOES LAW COMMISSION BENEFIT THE

• While the Constitution is silent about the criteria for GOVERNMENT?

specification of a community as a Scheduled Tribe. The • The Government benefits from the recommendations
words and the phrase 'tribes or tribal communities or of Law Commission on important legal aspects and
part of or groups within tribes or tribal communities" in issues concerning society, citizens and state at large.
Article 342 must be understood in terms of their • Thus, Law Commission can:
historical background of backwardness.

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o identify laws which are no longer needed or relevant ABOUT LAW COMMISSION
and can be immediately repealed • Constitution of India does not provide for creation of
o examine the existing laws in the light of Directive Law Commission of India – hence, not a constitutional
Principles of State Policy and suggest ways of body
improvement and reform and suggest such • Constitution of Law Commission is not carried through
legislations as might be necessary to implement the any fixed legislation – hence, non-statutory
Directive Principles and to attain the objectives set
• It is constituted through a government order – hence,
out in the Preamble of the Constitution.
created through an executive order.
o Consider and convey to the Government its views on
• The Reports of the Law Commission are considered by
any subject relating to law and judicial
the Ministry of Law in consultation with the concerned
administration that may be specifically referred to it
administrative Ministries and are submitted to
by the Government through Ministry of Law and
Parliament from time to time.
Justice.
• The reports of Law Commission are cited in Courts, in
o Consider the requests for providing research to any
academic and public discourses and are acted upon by
foreign countries as may be referred to it by the
concerned Government Departments depending on
Government through Ministry of Law and Justice.
the Government's recommendations.
o Take all such measures as may be necessary to
• After independence, the first law commission was
harness law and the legal process in the service of
constituted for a period of three years from 1955-1958
the poor.
under the Chairmanship of Mr. M. C. Setalvad.
o Revise the Central Acts of general importance to
RECOMMENDED SUGGESTIONS
simplify them and remove anomalies, ambiguities
• As of now, the law commission is neither a permanent
and inequities.
body nor a statutory body.
• Before finalizing its recommendations, the Commission
• In 2015, a proposal was mooted to make the law panel
will consult the nodal Ministry/ Department (s) and such
into a permanent body either through an Act of
other stakeholders as the Commission may deem
Parliament or an executive order (resolution of the
necessary for the purpose.
Union Cabinet).
ABOUT 22ND LAW COMMISSION
• However, the move was shelved after the Prime
• The 22nd Law Commission has been constituted for a
Minister’s Office felt that the present way of constituting
period of three years from the date of publication of its
the Law Commission should continue.
Order in the Official Gazette. It consists of:
• Even in 2010, the then UPA government also had
o A full-time Chairperson
prepared a draft Cabinet note to give statutory status
o Four full-time Members (including Member- to the Law Commission and in this regard, the Law
Secretary) Ministry had mooted to bring the Law Commission of
o Secretary, Department of Legal Affairs as ex-officio India Bill, 2010. But the idea was shelved.
Member. • Thus, considering the important nature of work,
o Secretary, Legislative Department as ex officio government must consider making Law Commission a
Member; and statutory body.
o not more than five part-time Members.

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practice questions
MCQs
Q.1) With reference to Mahatma Gandhi National 1. Collegium for appointments to Supreme Court
Rural Employment Guarantee (MGNREGA) Act must include the existing CJI and his successor CJI.
2005, consider the following statements: 2. If the successor CJI is not part of the top 5 senior
1. Ministry of Panchayati Raj acts as a nodal ministry most judges of Supreme Court, then a 6-member
for this scheme. collegium can be formed.
2. 50% of the unskilled labour cost and material cost Which of the statements given above is/are correct?
of the programme is borne by the Centre. (a) 1 only (b) 2 only
3. As per the act plans and decisions regarding the (c) Both 1 and 2 (d) Neither 1 nor 2
nature and choice of works should be made in open
assemblies of the Gram Sabha(GS). Q.4) Consider the following statements:
Which of the statements given above is/are incorrect? 1. The Governor is appointed by the President and
(a) 1 and 2 only (b) 2 and 3 only holds office during the pleasure of the President.
(c) 1 and 3 only (d) 1,2 and 3 2. The Constitution lays down the provision upon
which a governor may be removed by the
Q.2) With reference to “Economically Weaker President.
Sections (EWS) quota’, which of the following 3. No criminal proceedings shall be instituted against
statements is/are correct? the Governor of a State in any court during his term
1. The 10% EWS quota was introduced by amending of office.
Articles 14 and 15 of the 102nd Constitution Select the correct answer using the given below:
(Amendment) Act. (a) 1 and 2 only (b) 2 and 3 only
2. It is applicable to those persons who are not (c) 1 and 3 only (d) 1, 2 and 3
covered under the existing scheme of reservations
for the Scheduled Castes, the Scheduled Tribes and Q.5) Consider the following statements about
the Socially and Educationally Backward Classes. Scheduled Tribes:
3. It enables only Centre to provide reservations to 1. Constitution lays criteria for inclusion of
the EWS of society. communities as Scheduled Tribes.
Select the correct answer using the code given below: 2. Parliament may by law include or exclude
(a) 1 only (b) 1 and 2 only communities from the list of Scheduled Tribes.
(c) 2 only (d) 2 and 3 only Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
Q.3) Consider the following statements with (c) Both 1 and 2 (d) Neither 1 nor 2
reference to the Collegium:

Descriptive Questions
Q1. The reservation for Economically Weaker Sections is though upholded by Supreme Court remains constitutionally
problematic. Highlight the key criticisms against it?

Q2. Highlight the salient features of Digital Personal Data Protection Bill, 2022. Also, highlight the important criticisms
against this bill.

Answers: 1-b, 2-c, 3-c, 4-c, 5-b

FOCUS | DECEMBER 2022 | RAU’S IAS 51

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INTERNATIONAL RELATIONS &


Security
# GS Paper (Prelims) & GS Paper II & III (Main)

INDIA-US TRADE
TRADE SCENARIO
USA surpassed China to become India’s top trading
RELATIONS partner in FY 2021-22, reflecting stronger economic ties
between the two countries.
#Bilateral Relations In recent times, bilateral trade between the US and India
stood at USD 119.42 billion (2021-2022) as against USD
Treasury Secretary Janet Yellen’s recent visit to India 80.51 billion in 2020-21.
highlighted renewed focus in the U.S. on strengthening Exports to the US increased to USD 76.11 billion in 2021-
economic ties with Asia’s third largest economy and one of 22 from USD 51.62 billion in the previous fiscal year, while
America’s indispensable partners. Global environment with imports rose to USD 43.31 billion as compared to about
its macroeconomic, trade and strategic challenges makes it USD 29 billion in 2020-21.
even more compelling for the world’s two largest democracies America is one of the few countries with which India has a
to deepen their engagement in a way that is mutually trade surplus.
beneficial. Ukraine invasion and asserting that Moscow had
TRADE RELATED ISSUES BETWEEN INDIA AND US
‘weaponised’ its supply of natural gas to Europe, as well as
Despite immense potential of bilateral trade between
the challenges of China’s dominance in the production of
India and USA, certain issues have limited realisation of
products such as solar panels, she underlined Washington’s
trade potential between them.
keenness to nurture local partners in developing countries to
help mitigate overconcentration on select suppliers. 1. Tariffs and Deficits
• US imposed tariffs on steel and aluminium imports
ECONOMIC & FINANCIAL PARTNERSHIP
from India. US has also called out high tariffs in India
• U.S. Treasury and India’s Ministry of Finance launched
on certain categories such as automobiles.
our Economic & Financial Partnership in 2010 as a
• India drew up a list of retaliatory tariffs and filed it with
framework to cement economic bonds between India
the World Trade Organization (WTO) but held off on
and USA and build a foundation for greater
applying them.
cooperation and economic growth.
• Bilateral trade deficits, which previously weren’t a top
• This meeting marked the 9th meeting of the Economic
US trade concern, but has become one in the recent
& Financial Partnership.
years . In 2021, India, with a trade deficit of $32.8 billion,
• The meeting focused on macroeconomic outlook, which has increased from $23Bn in 2019
supply chain resilience, climate finance, multilateral 2. Generalized System of Preferences (GSP)
engagement, global debt vulnerabilities, anti-money
• US removed India from the GSP program.
laundering and combating financing of terrorism.

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• India imposed retaliatory tariffs, after which the United • Issues exist regarding data localization, data privacy,
States filed a dispute at the WTO. These retaliatory and e-commerce.
tariffs remain in place. • E-commerce rules of India and Data Equalisation levy
• In 2018, India was the largest beneficiary of GSP; over have also been contentious trade issues between the
one-tenth ($6.3 billion) of U.S. goods imports from India two countries. US feels that these hit global software
entered duty-free under the program (e.g., chemicals, giants adversely. For ex. Amazon, Apple, Microsoft and
auto parts, and tableware). Google.
3. Agriculture • Data Protection bill has not been passed in India.
• India has been demanding enhanced market access for • India’s rules for Mandatory Testing and Certification of
its agricultural produce in the US market. India has Telecom Equipment (MTCTE) have also been a concern
opposed enhanced Phyto-sanitary standards being for US.
imposed by USA to curb imports from India. 8. Labour movement & visas
• Particularly India wants restoration of market access • United States, H1B and L1 visas permit highly skilled
for wild caught shrimp and water buffalo meat. workers from other countries to be employed.
• US wants to export excess ethanol for India’s ethanol • The Indian government continues to object to U.S. laws
blending with petrol. passed in 2010 and 2015 that apply higher fees on
4. Intellectual property rights companies with more than fifty employees if more than
• US concerns include piracy of software, film, and music half of those employees are in the United States as non-
and weak patent protections. immigrants.

• India amended the Patents Act to recognize product • In 2016, India filed a trade dispute at the WTO over
rather than process patents. these visa fees, arguing that the higher fees “raised the
overall barriers for service suppliers from India.”
• Despite the changes in the Patent act, US has raised
concerns about insufficient patent protections, • India has been demanding conclusion of Social Security
restrictive standards for patents, and threats of Totalisation Agreement between India and US, this
compulsory licensing. would allow Indian citizens to repatriate their social
security savings once they come back to India.
5. Investments
• Legal, nursing and accountancy services can facilitate
• India restricts FDI in certain sectors. Under, India’s FDI
growth in trade and investment, both countries
regime above a certain cap FDI investors must take
promote engagement in these sectors.
permission for investing in India. US considers this as a
restrictive. 9. New emerging trade issues

• US concerns include Indian restrictions on e-commerce • US has been pressing for issues such as child labour
platforms and forced labour in global supply chains. India does
not want to tackle these issues in the framework of
6. Pharmaceutical & Medical Devices
trade agreements and trade talks.
• U.S. Trade Representative (USTR) expressed concern
• US has been pressing for bringing in environmental
for years about customs duties on medical equipment
issues in the framework of trade talks.
and devices.
• Standards and conformity assessment procedures are
• Issues increased when Indian government applied new
often used for trade restrictive practices.
price controls on coronary stents and knee implants.
CONVERGENCE OF INTEREST
• India wants cooperation from US in developing a
secure pharmaceutical manufacturing base for • USA and India view each other as important strategic
augmenting global supply chains. However, COVID-19 partners to advance common interests regionally &
pandemic has stalled inspections of Indian globally.
pharmaceutical facilities by US Drug Regulator, Food • India’s ties with the US in the strategic realm,
and Drug Administration (FDA). particularly defence trade and force inter-operability
7. Digital Economy are now at an all-time high.

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International Relations & Security

• India is one of the top-ten trading partner for the US • There is no trade agreement between India and the
(5th in goods & services) which means that US-India United States and Free Trade Agreement is the next
trade volume is now larger than that between US and frontier in India-US relationship.
France.
• Russia’s increased alignment with China because of the
Ukraine crisis only complicates India’s ability to rely on
G20 SUMMIT @ BALI
Russia as it balances China. Hence, continuing #Multilateralism
cooperation in other security areas is in both countries’
interests.
The G-20 summit in Bali provided some positive signals. G-20
WAY FORWARD
members produced a joint statement -- India’s role in
• India shares a relationship with the US. Where every
tempering some of the language during the negotiations has
sign emanating from USA is over-analysed. But India’s
been highlighted, and Mr. Modi’s phrase at the SCO summit,
relations with the US have natured enough to propel
that this is “not an era of war”, was included in the final
the relations in a positive direction.
statement.
• India shares a strategic relationship with US and India
PM Modi also extended his hand to Chinese President Xi
should be able to convince USA that it is benefited from
Jinping during the banquet contrasts with their stony
the IT trade as the US tech giants are most profitable
demeanour at the SCO summit in September and could signal
also India is able to provide job opportunities to native
a thaw in talks between them for the first time since the LAC
US population by establishing its bases there.
standoff began in 2020
• USA has been considerate towards India by granting it
On the side-lines of meet, PM Modi also held meetings
STA 1 STRATEGIC TRADE AUTHORIZATION STATUS.
separately with the leaders of Australia, France, Germany,
• India should negotiate a trade package with USA on
Italy, Singapore and the U.K.
similar lines as given to Argentina Brazil and South
Korea

WHAT FURTHER WAS DISCUSSED

FOCUS | DECEMBER 2022 | RAU’S IAS 54

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International Relations & Security

ABOUT G20 • No Enforcement mechanism: There is no legal


• The G20 was formed in 1999 in the backdrop of the enforcement mechanism at the best they agree on
financial crisis of the late 1990s that hit East Asia and common enforceable targets and sharing of
Southeast Asia in particular. information

• It aims to secure global financial stability by involving • G20 has raised Voice for urgent restoration of the
middle-income countries. dispute settlement system to “contribute to
predictability and security in the multilateral trading
• Together, the G20 countries include 60 % of the world’s
system”.
population, 80 % of global GDP, and 75 % of global
trade. • Despite being a member of G20, US under Donald
trump had blocked the appointment to WTO appellate
WORKING
body. The new President Biden has yet not taken any
• The G20 has no permanent secretariat. The agenda and
action on this issue.
work are coordinated by representatives of the G20
• G20 countries agreed to raise IMF reserves with a new
countries, known as ‘Sherpas’, who work together with
SDR allocation of US $650 billion, critics have argued
the finance ministers and governors of the central
that given the scale of financing challenge in emerging
banks.
economies, it is not enough.
• The primary mandate of the grouping is for
• Not legally binding: the decisions are based on
International Economic cooperation with particular
discussions and consensus which culminates in the
emphasis to prevent future financial crises across the
form of declarations.
world.
• G20 members have failed to break the impasse on
• It plays a significant role in shaping the global economic
climate goals—many countries disapproved of the idea
agenda.
of committing to keeping global warming below 1.5oC
• From 1999-2008 the forum exalted from a grouping of
and phasing out coal. US, EU, Japan, and Canada
Central bank governors and finance ministers to Heads
• Globalisation is no longer a cool word, and multilateral
of states.
organisations have a credibility crisis as countries
PRESIDENCY
around the world pick being ‘G-zero’.
The presidency of the G20 rotates every year among
members, and the country holding the presidency,
together with the previous and next presidency-holder, INDIA AND G20
forms the ‘Troika’ to ensure continuity of the G20 agenda. #Indian Foreign Policy
Currently India holds the presidency.
CHALLENGES TO G20 India declared that its G-20 presidency would be “inclusive,
• This could become a forum for Great Power Rivalry ambitious, decisive, and action-oriented” and India would
because of Presence of US, China and Russia in the give priority to “women-led development” on its G-20 agenda,
aftermath of Ukraine crisis. which would be driven by the recently unveiled theme of “One
• At 2014 summit, hosted by Australia, leaders adopted Earth, One Family, One Future”. India is expected to showcase
a plan to boost their economies by a collective 2.1%, its geographical and cultural diversity.
which they did not achieve. GLOBAL ORDER
• United States blocked a planned reference in the • India can assert its political, economic and intellectual
communiqué to the need to “resist all forms of leadership which will have to address issues that help
protectionism.” a communiqué to which all its in cement the Fault-line in the world order.
members agreed • India’s leadership could define the coming years and
• In Argentina summit the G20 members adopted a decades of global discourse and avenues of
communiqué to which all its members agreed. cooperation.
However, this communique did not include issues like
trade, climate change, and migration.

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GLOBAL FINANCE • Middle East is an important strategic region for India


• First, the world needs new windows for financing with profound geopolitical and geo-economic
climate infrastructure. Using the G20, India should significance. India and the region share deep
press the International Monetary Fund (IMF), the World civilizational contacts, cultural exchange and historical
Bank Group and the Asian Development Bank to open linkages. In modern times both have shared colonial
new windows for financing climate infrastructure to past and struggles for independence
support the Panchamrit goals. • India’s policy of non-alignment has found tremendous
• If India manages to persuade the IMF to open a window support and strength in the region to face the
for climate financing, it would be significant. challenges of the Cold war influences and its dangerous
implications
GLOBALISING TECHNOLOGY
• India’s large Muslim population and managing
• India should use the G20 to roll-out the India Stack on
Pakistan’s raising the Kashmir issue in the Islamic
the global stage. India Stack is the world’s largest digital
forums has also shaped our policy approaches and
public utility and is growing by leaps and bounds. Some
directions towards the region.
of its principal components are Aadhaar, UPI, eKYC,
DigiLocker. • India’s Palestine policy and support for the same were
based on the above factors and its anti-colonial
• If India does this using G20 as a platform, it will enable
commitments.
the country to be showcased on the global stage and
other countries to leapfrog their own systems. IMPORTANCE OF THE REGION

ALTERNATIVE FINANCE MECHANISM • The geopolitics of energy security makes the region,
particularly the Gulf crucial for India’s geo-economics
India could use the platform to push its own agenda and
and pursuit of economic development.
South Asia’s agenda on a global scale — for example, by
coming up with an alternative financial mechanism to • India is already 3rd largest consumer of oil and largely
SWIFT, which is a U.S. monopoly; and taking baby steps for dependent on the supply from the region
making the rupee more international. • Qatar: The total trade was $15 billion, accounting for
NEW ECONOMIC ORDER just 1.4% of India’s total trade, but the country is India’s
most important supplier of natural gas. India and
• India should leverage the G20 to re-imagine the
Qatar signed a defence agreement that seems to have
shareholding structures of the IMF and World Bank.
laid the foundations for a larger Indian presence in the
• India can use the leadership to re-imagine the
region.
shareholding structure in such a way that it reflects its
• Indian outreach to the region in recent years has
global aspirations and power position and those of
produced a new realisation of mutuality of geostrategic
other emerging markets.
and geo-economic interests, trust and thus re-
SHOWCASING DIVERSITY alignment of interest towards India.
• G20 would be a good platform for India to showcase
• Saudi Arabia: At a total volume of $42.9 billion in 2021-
the multiple and myriad aspects of its composite 22, Saudi Arabia was India’s fourth largest trading
culture so that the world begins to appreciate the partner. India and Saudi Arabia signed a defence
richness and cultural tenacity of the country.
agreement and have already started exchanging
• This is a big moment for India to showcase and intelligence on terror suspects and other extremist
influence soft power abroad, as the brilliant and elements.
powerful diaspora is doing right now.
• UAE: The UAE was India’s third largest trading
partner in 2021-2022, and second largest for both

INDIA AND MIDDLE EAST exports ($28 billion) and imports ($45 billion) when
these are counted individually.
#Geopolitics • On the issue of revocation Article 370, both Saudi
Arabia and UAE backed the Indian position. Now the
region view ‘Pakistan as a brother but look towards

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International Relations & Security

India as a credible friend and power’ to serve their For Example, In April 2013, ONGC Videsh an international
economic interests and strategic necessities in the subsidiary of India’s Public sector undertaking ONGC lost
changing world. control of its oil investments in Syria’s Deir-Ezzor region.
• There is strong Indian diaspora in the region which is As the oil field where India (along with China and others)
an invaluable soft power asset which is central to the was part of a conglomerate that had invested, was
economic progress of this region. overrun by the Syrian rebel fighters, suspending all
exploration and part of Syria.
• Indians Diaspora: Counting only the 13.4 million non-
resident Indians (NRIs), the Gulf has the largest 1. China is a big player that should not be forgotten in
numbers. The UAE (3.42 million), Saudi Arabia (2.6 discussions of West Asian diplomacy. It’s Belt and Road
million) and Kuwait (1.03 million) together account for Initiative creates enormous opportunities in the region
over half of all NRIs. and could pose an economic challenge to India’s plans.

• The Middle East and the Gulf is of far-reaching 2. The area has developed as a seat of Underworld and
significance in the ‘Asian Century’ syndrome in the Organised Crime and is also a hub of money laundering
emerging 21st-century world order. thus threatening India’s economic security.

• Under Prime Minister Modi Middle East policy’s has WAY FORWARD
evolved from Link West policy agenda has into “think • The assertive diplomacy being practiced by India,
West” with a plethora of bilateral visits. In recent years, emphasizing on standing by its neighbours and friends
Delhi signed security and defence agreements with and is displaying Strategic autonomy to meet its
Saudi Arabia, the UAE, Oman, and Qatar. interests.
• Further, the process of diversification of their political • Deepening of India’s security ties with its Gulf Arab
and strategic alliance is turning east to reduce over- partners especially as India emerges a net-security
dependence on the West. provider for the region in curbing sea-borne piracy in
• The Gulf States in general and Saudi Arabia is in the Western Indian Ocean and Disaster relief.
process of diversification of their political and strategic • India's Policy is marked by the continuation of India’s
alliance is turning east to reduce over-dependence on traditional diplomatic line of “non-interference” in the
the West internal affairs.
CHALLENGES • India has been pursuing a policy of de- hyphenation.
• India lacks direct investment in the energy sector of this De-hyphenation is a careful balancing act, with India
oil and gas-rich region. Intensification of direct shifting from one side to another as the situation
investments in the West Asian energy industry, both at demands.
the public and private sector levels is very much
required
• The current and highly dynamic geopolitical situation in
INDIA – QATAR RELATIONS
West Asia is a concern. The region is quickly turning into #Bilateral
a highly polarised part of the world. The growing divide
between Riyadh and Tehran and Washington’s Vice President of India arrived in Doha on Sunday to
hypocritical ignorance could put New Delhi in a spot of represent India at the inauguration of the FIFA World Cup.
bother
BASICS
• India’s growing deep relations with Israel can also be
• India and Qatar have agreed to jointly celebrate
viewed by anti-Israel camp in the region as New Delhi
completion of 50 years of India-Qatar diplomatic
is picking sides.
relations in 2023.
• Non-state actors: large scale instability and growing
• Qatar is part of India’s Look West Policy and it is one the
terrorism in West Asia has increased the threat of
closest allies of India in the Gulf Region.
takeovers of natural resources by non-state actors.

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IN DEPTH ANALYSIS cereals, copper articles, iron and steel articles,


India-Qatar cooperation in diverse sectors has been vegetables, fruits, spices, and processed food products,
steadily growing in an excellent framework provided by electrical and other machinery, plastic products,
historically close ties and regular and substantive construction material, textiles & garments, chemicals,
engagement, including at the highest levels of the two precious stones and rubber.
Governments. The large, diverse, accomplished and highly • India is among the top three largest export destinations
regarded Indian community is making an important for Qatar (Japan and South Korea being the other two)
contribution to Qatar's progress and in nurturing the and is also among the top three sources of Qatar’s
bonds of deep-rooted friendship and multi-faceted imports, along with China and Japan.
cooperation between the two countries. • Qatar is the largest supplier of LNG to India, accounting
AREAS OF CO-OPERATION for over 41% of India's global LNG imports. Therefore,
Political the balance of trade continues to be heavily in Qatar’s
favour.
• There has been regular exchange of high-level bilateral
visits. The Amir of Qatar H.H. Sheikh Tamim Bin Hamad • There has been a substantial increase in Qatar’s
Al Thani had paid a State Visit to India in March 2015. imports from India past 2-3 years, facilitated by the
During H.H. the Amir's visit to India in March 2015, the opening of direct shipping lines linking Indian ports
two sides discussed ways and means to build a with Qatar. The increase has been in food products,
forward-looking partnership by further broadening vegetables, pharmaceuticals, steel products and
and deepening the bilateral engagement in key areas construction materials.
of mutual interest. • Joint Task Force on Investment has been set-up along
• In June 2016, PM Modi held extensive talks with H.H. with “India-Qatar Start Up bridge” that aims to link the
the Amir and exchanged views on bilateral, regional start-up ecosystems of the two countries.
and multilateral issues of mutual concern. Several Cultural Relations
MOU’s related to financial information, investment in • Cultural ties between India and Qatar are deep-rooted
infrastructure, tourism, health, sports and education and actively nurtured by both sides. The countries
were signed. signed agreement on cultural cooperation on
Defence • The year 2019 was celebrated as India-Qatar Year of
• Defence cooperation is an important pillar of our Culture
bilateral agenda. • The Mission is currently holding its celebrations under
• India offers training slots in its defence institutions to “Azadi ka Amrit Mahotsav” in Qatar
several partner countries, including Qatar. • Yoga: Qatar, as a co-sponsor, supported Resolution at
• India regularly participates in the biennial Doha the UNGA, adopted unanimously, declaring 21 June as
International Maritime Defence Exhibition and the International Day of Yoga (IDY). A commemorative
Conference (DIMDEX) in Qatar. stamp to mark the occasion was also released by Qatar
• India and Qatar conducted 2nd edition of the joint naval Post in June 2015.
exercise, Zair-Al-Bahr in the Persian Gulf in August • Ayurveda: Qatar has allowed the practice of
2021. complementary medicine, including Ayurveda, in
Economic Qatar.

• Total trade between India and Qatar is around $15 Diaspora:


billion, accounting for just 1.4% of India’s total trade, • There are over 700,000 Indian nationals residing in
but the country is India’s most important supplier of Qatar. They comprise the largest expatriate community
natural gas. in Qatar and are engaged in a wide spectrum of
• Qatar’s key exports to India include LNG, LPG, professions including medicine, engineering and media
chemicals and petrochemicals, plastics, and aluminium apart from many blue-collared workers.
articles, while India’s key exports to Qatar include

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• Recent reforms introduced to labour laws in Qatar like HIGHLIGHTS OF PMS SPEECH
abolition of the sponsorship system (Kafala System), • “There is no good terrorism and bad terrorism. It is an
removal of the requirement to obtain employer’s attack on humanity, freedom and civilisation. It knows
consent to change jobs if the expatriate has completed no boundaries”, the Prime Minister emphasised, “Only
his fixed term contract and imposition of penalty upon a uniform, unified and zero-tolerance approach can
illegal confiscation of passports by employers are of defeat terrorism.”
interest to India.
• Difference between fighting a terrorist and fighting
• With effect from March 2021, Qatar has introduced terrorism - A terrorist is an individual but terrorism is
Minimum Wage Law for all sectors of work and about a network of individuals. Attack is the best form
provided for change of jobs without requiring NOC of defence and uprooting terrorism needs a larger,
from the previous employer. proactive, systemic response.
• The Indian Cultural Centre (ICC), The Indian Business • State Support for Terror - state support as one of the
and Professionals Council (IBPC) is also functioning to major sources of political, ideological and financial
bolster cultural and trade ties between the two sides. support to terrorism. Certain countries support
WAY FORWARD terrorists as part of their foreign policy.
• Inclusion of Qatar in International solar alliance to build • Organised crime as another source of terror
stronger ties in the field of solar energy. funding and emphasised deep links between the
• Multilateral forums can be used to discuss the issues criminal gangs and terrorist outfits “action against
which are creating problems across world e.g., organised crime is extremely important in the fight
Terrorism, Climate Change. against terror. At times, even activities like money
laundering and financial crimes have been known to
• India needs to direct investments to the region to reap
help terror funding.
Economic benefits of strategic location of Qatar.
• International institutions handling terrorism - The
• India must focus on developmental projects in Qatar
United Nations Security Council, Financial Action Task
like Chabahar project to increase connectivity to the
Force, Financial Intelligence Units, and the Egmont
wider region of West Asia.
Group, are boosting cooperation in the prevention,
CONCLUSION detection and prosecution of illegal fund flow.
India’s relations with Qatar will help in pushing forward • Technology & Terrorism - new kinds of technology are
India’s Look West Policy and ties with other GCC countries.
being used for terror financing and recruitment.
Challenges from the dark net, private currencies and

NO MONEY FOR TERROR more are emerging. There is a need for a uniform
understanding of new finance technologies. It is also
#Terrorism important to involve the private sector in these efforts.
• Cyber Terrorism - the infrastructure used for cyber
The two-day conference offers a unique platform for terrorism and online radicalisation is distributed while
participating nations and organisations to deliberate on the some entities also train the terrorists with weapons
effectiveness of the current international regime on Counter from remote locations as well as online resources.
Terrorism • Common Approach to terrorism - terrorists should
FINANCING AND THE STEPS REQUIRED TO ADDRESS not be allowed to misuse differences in legal principles,
EMERGING CHALLENGES procedures and processes in different countries.
• The conference will build on gains and learnings of the • This can be prevented through deeper coordination,
previous two conferences (held in Paris in April 2018 Joint operations, intelligence coordination and
and in Melbourne in November 2019) and will work extradition help the fight against terror.
towards enhancing global cooperation to deny finances ABOUT TERROR FINANCING
to terrorists and access to permissive jurisdictions to Terrorism needs financing for recruitment, planning and
operate.
executing their vicious activities. Countering flow of

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resources towards terror groups is essential to control illegal taxation continue to remain most important
terrorism. source.
• External Sources: A major part of funding for • Extortion and Taxation: This is especially relevant for
terrorism from external sources comes through groups in North-East and Maoist-effected areas. It
counterfeit currency, drug trafficking, charities, NGOs, includes extortion from industries and levying taxes on
and, finally, because of state sponsorship by Pakistan. people. Contracts are given to sympathizers of
• NGOs, Charities and Donations: Traditional societies terrorists to ensure a steady flow of funds from
in countries like Saudi Arabia have been supporting government departments
traditions and customs which encourage donations. In • Organised Crime: Sequence of actions associated with
Pakistan, government has limited control over charities crime used to raise funds for terrorism go through a
and NGOs. TF is generated from NGOs and charities process like extortion to include committing criminal
within Pakistan and through its coordinating role in act, moving proceeds and finally using it for terrorism.
West Asia. Some crimes like drug & human trafficking, smuggling,
and arms trade are vulnerable in this regard.
• Religious donations: Primary source of traditional
funding in Islam is based on zakat. This is an accepted RESPONSE TO TERROR FINANCING IN INDIA
& legal system of almsgiving. A part of this zakat finds • Prevention of Money laundering Act, 2002: PMLA
its way into TF in countries like India. seeks to prevent & control money laundering,
• Charities and Diaspora: Charities have mushroomed confiscate and seize property obtained from laundered
in many countries which have a strong radical bent. money. All suspicious transactions are reported in a
Some charities, despite being banned internationally, prescribed format to Financial Intelligence Unit (FIU-
continued with their campaign after 2005 earthquake IND).
in POK. These include Jamaat ul-Dawa (JuD), LeT and • Enforcement directorate (ED) is empowered to carry
Hizbul Mujahideen (HM) in Pakistan. out investigation in offences of money laundering. It
also seeks to coordinate with other countries to curb
• Remittances: Links of former Students Islamic
the menace of money laundering.
Movement of India (SIMI) & Indian Mujahideen (IM)
cadres in India have been established with financiers in • A special Combating Financing of Terrorism (CFT)
the Gulf. Large flow of foreign remittances into Kerala Cell has been created in the Ministry of Home Affairs in
has become a source of concern for agencies. 2011, to coordinate with the Central
Intelligence/Enforcement Agencies and the State Law
• Counterfeiting of Currency: Counterfeiting of Indian
Enforcement Agencies for an integrated approach to
currency not only funds terrorism it is used as a tool by
tackle the problem of terror funding.
Pakistan to destabilize Indian economy. Fake Indian
Currency Notes (FICN) are produced in Pakistan and to • A Terror Funding and Fake Currency Cell has been
a much smaller extent locally in India. set up in National Investigation Agency to investigate
Terror Funding cases.
• Narco-Finance: Drugs are a major source for TF.
• Unlawful Activities (Prevention) Act, 1967 has been
Afghanistan has emerged as the hub for global
strengthened by amendments which includes
production of opiates. There is evidence of terrorist
enlarging the scope of proceeds of terrorism, any
groups in Pakistan gaining access to proceeds of drug
property intended to be used for terrorism, raising of
trafficking.
funds both from legitimate or illegitimate sources by a
• State Sponsorship: Pakistan has employed its
terrorist organization, terrorist gang or by an individual
intelligence agency, ISI to directly fund terrorist terrorist, and includes within its scope offences by
activities in India. This is not only employed as part of companies, societies or trusts.
proxy war in J&K, as is widely known, but also in North-
• India is a Member of Financial Action Task Force
East.
(FATF), an inter-Governmental Body, which makes
• Internal Sources of Terror Funding: Internal sources recommendations relating to Combating of Financing
have funded earliest militant uprisings. Extortion and of Terrorism, Money Laundering, etc.

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International Relations & Security

• India is a member of Eurasian Group on Combating AT THE FOURTH SUMMIT


Money Laundering and Financing of terrorism (EAG) • Representatives of Qatar, the UAE, Saudi Arabia and
and Asia Pacific Group on Money Laundering (APG) Turkey were also present at the meeting as guests.
which are FATF styled regional bodies.
• Participants discussed issues related to Afghanistan,
• Demonetisation was an important measure and including the current humanitarian situation and the
possibly one which can potentially create necessary ongoing efforts of various stakeholders to aid, intra-
conditions for combating the finance of terrorism. Afghan talks, formation of an inclusive and
representative government, efforts to counter threats

MOSCOW FORMAT of terrorism and ensuring regional security.


• Participants expressed a consolidated demand for the
#Geopolitics "complete unfreezing" of Afghanistan's assets by
Washington.
• Moscow format — one of the several dialogue • Countries urged the United States and other North
platforms on Afghanistan — which began before Atlantic Treaty Organisation (NATO) countries that
the Taliban takeover of Kabul. were part of the 20-year-long military presence in
• Moscow Format was set up in the year 2017 as a six- Afghanistan, to compensate the Afghans for the
party mechanism. It involved Russia, India, Afghanistan, damage done during this period.
Iran, China and Pakistan. • Taliban Representatives were not present in the
• Later the membership was expanded and now the meeting.
grouping consists of Kazakhstan, Tajikistan, Kyrgyzstan, CONCLUSION
Uzbekistan, Turkmenistan also. • The participants called for an “inclusive government”
• It was aimed at ensuring a political settlement, intra- and for “national reconciliation” but the Taliban did not
Afghan dialogue and creation of a stable and inclusive promise that it will endorse the Moscow Format’s
government in Kabul after the U.S. withdrawal. recommendations and merely recognised the
• Moscow Format’s members are trying to deal with a “praiseworthy stance”.
difficult situation in which they want the Taliban to • In a curious turn of phrase, the Taliban said it will not
crack down on extremist and terror outfits inside allow “any third country to place military facilities in
Afghanistan even though the Taliban have not received Afghanistan” and hinted at a quid pro quo, saying
global recognition as the de facto ruler of Kabul. countries should not “put their land and airspace at the
disposal of other countries against Afghanistan.

practice questions
MCQS
Q.1) Which of the following statements are correct 2. Its aim is to address the challenges in countering
regarding “No money for Terror Conference”? terror funding obtained via formal and informal
1. It is organised by INTERPOL in coordination with channels.
investigative agencies of respective countries. 3. The inaugural edition of this conference was held in
Paris.

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International Relations & Security

Select the correct answer using the code given below: (a) 1 only (b) 2 only
(a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 2 and 3 only
(c) 1 and 3 only (d) 1,2 and 3
Q.4) Moscow format was in news recently it is related
Q.2) Economic and Financial Partnership has been to which of the following?
entered by India, with which of the following (a) Peace plan presented by Russia for Russia-Ukraine
countries? conflict.
(a) Japan (b) Russia (b) Global aim to double tiger population.
(c) European Union (d) USA (c) Scientific plan presented for exploration of Arctic.
(d) One of the several dialogue platforms on
Q.3) With reference to G20, consider the following Afghanistan.
statements:
1. The G20 was founded in 1991 after the Asian Q.5) Consider the following statements about G20:
financial crisis. 1. The presidency of G20 rotates between member
2. It is an intergovernmental organization for countries on an annual basis.
international economic cooperation. 2. Permanent secretariat of G20 is in Washington DC.
3. India will hold the Presidency of the G20 from Which of the statements given above is/are correct?
December 2022. (a) 1 only (b) 2 only
Select the correct answer using the code given below: (c) Both 1 and 2 (d) Neither 1 nor 2

Descriptive Questions
Q1. Despite being major partners, various issues continue to plague India-US economic relations. Highlight the key
economic issues between both the countries. Also, highlight how these issues can be addressed.
Q2. India’s presidency of G20 provides various opportunities for India. What is the major agenda’s India can pursue at
this summit?

Answers : 1-b, 2-d, 3-d, 4-d, 5-a

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SOCIETY AND SOCIAL JUSTICE


# GS Paper I & GS Paper II (Main)

POCSO ACT
do so would make a person liable for punishment of
imprisonment. (Section-19)
#Child Sexual Harassment • The media has been barred from disclosing the
identity of the child without the permission of the
Special Court.
POCSO Act stands for Protection of Children from Sexual
CHALLENGES TO IMPLEMENTATION OF POSCO ACT
Offences Act, 2012. The Act was enacted in November 2012
and has recently completed 10 years in operations. The Act • Legal Inconsistencies: POCSO Act has criminalised sexual
was enacted to effectively address the heinous crimes of intercourse with a woman less than 18 years of age.
sexual abuse and sexual exploitation of children through less However, Section 375 of Indian Penal Code has out an
ambiguous, more stringent legal punishment and creating a exception in cases where the ‘wife’ is more than 15 years
sensitive criminal justice system to child victims. of age. Consequently, sexual intercourse by a man with
his wife who was more than 15 years of age, is not rape.
SALIENT FEATURES OF POCSO ACT, 2012
This was problematic because the acts falling in this
• The Act defines a child as any person below 18 years of
exempted category would still fall within the scope of the
age.
POCSO Act.
• It defines different forms of sexual abuse, including
• Disclosure of identities: Though the act banned it,
penetrative and non-penetrative assault, as well as
there have been numerous instances when identity of
sexual harassment and pornography, and deems a
child victims has been revealed by media or court
sexual assault to be “aggravated” under certain
themselves.
circumstances, such as when the abused child is
• Mandatory reporting provision: The mandatory
mentally ill or when the abuse is committed by a
reporting provision of crimes under the act proved to
person in a position of trust or authority vis-à-vis the
be counterproductive as victims of sexual abuse or
child, like a family member, police officer, teacher, or
their families may hesitate to approach medical
doctor.
professionals for fear of being drawn into a criminal
• People who traffic children for sexual purposes are
case, thereby negatively impacting their right to health
punishable under provisions relating to abetment in
and medical care. It hinders adolescents’ access to safe
the Act.
and legal sexual and reproductive services, including
• Provision for establishment of Special Courts for trial legal abortions and contraceptives.
of offences under the Act.
• Applicability to consensual relations in minors: The
• Provision for child friendly procedures for reporting, POCSO Act has criminalised any sexual activity
recording of evidence, investigation and trial of involving a child. By rendering teenagers incapable of
offences. giving consent to sexual relationships, consensual
• The Act makes it mandatory to report commission of ‘romantic relationships’ between teenagers often get
an offence and recording of complaint and failure to criminalised. Most such cases are registered among
tribal communities where it is not a taboo for a male

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Society and Social Justice

or female to marry before 18 years of age leading to contributor to the milestone, having added 177 million
tribal alienation. Most such cases often resulted in people of the last billion people born in the world. UN noted
acquittal because the adolescent girl failed to testify that India’s population growth appeared to be stabilising,
against her sexual partner. which shows that the country’s national policies and health
• Delay in investigation: Pendency of POCSO cases is systems, including access to family planning services, are
very high due to slow pace of police investigations and working. In this context, let us investigate the relevance of
delay in submitting the reports by forensic existing National Population Policy.
laboratories.
FOCUS OF NATIONAL POPULATION POLICY (NPP),
• Lack of Special Courts in all districts: Designation of
2000
Special Courts (as mandated by the Act) has not
happen at the expected pace. States are lagging in • Population control was major focus of National
designating these courts, causing the Supreme Court Population Policy (NPP), 2000.
to intervene. • Immediate objective of NPP 2000 is to address unmet
• Inadequate compensation to the victims: Payment of needs for contraception, health care infrastructure,
compensation to victims under the POCSO Act is a health personnel and provide integrated service
complex issue because there is a lack of clarity on delivery for basic reproductive and child health care.
procedures for disbursing compensation, especially in
• Medium-term objective is to bring TFR to replacement
cases where child has no family support, or resides in
levels by 2010, through vigorous implementation of
a childcare institution without parental support, or
there is apprehension that compensation so awarded inter-sectoral operational strategies.

may be misused. • Long-term objective is to achieve a stable population


• Inadequate awareness about the POCSO Act by 2045, at a level consistent with requirements of

MEASURES TO BE TAKEN sustainable economic growth, social development, and


environmental protection.
• Increase awareness about POCSO Act by including age-
appropriate information about POCSO in school However, with changing demographic trends there is a
curriculum, including information on helplines like need to change the focus of population policy.
Childline. NEED FOR SHIFT OF FOCUS OF NATIONAL
• Appropriate amendments to POCSO Act to POPULATION POLICY
decriminalise consensual adolescent sexuality.
• TFR reduced: As per NFHS 5, India's overall fertility fell
• Stipulate a time limit for consideration of
below replacement level of two children per woman.
disbursement of compensation to the victim.
(TFR below 2.1). The present population growth is due
• Set up more Forensic laboratories while improving the to “population momentum”, i.e., population continuing
capacity and infrastructure of existing ones.
to grow because there are large number of people in
• Special courts under the Act should be established in the reproductive age group due to high fertility rate of
all districts.
the previous generations. India is going to achieve
stable population within a few decades even without

NATIONAL POPULATION active focus on population control.

POLICY
• Ageing population: According to Ministry of Statistics
in 2018, the number of citizens over the age of 60
#Population Policy jumped to 35.5 per cent, from 7.6 crore in 2001 to 10.3
crore in 2011. This is an all-time high since 1950 and is

According to United Nations, world population touched eight almost twice the rate at which the overall population

billion in November 2022 and India was the largest grew. In the same period (2001-2011), India’s overall

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Society and Social Justice

population grew by 17.7 per cent. This shows that stringent population control measures, that resulted in
ageing will emerge as a key social challenge in the ageing population and shrinking workforce.
future. In this context, active focus on population • Skewed sex ratio: small family norms created a high
control will prove to be counterproductive. India can preference for male children, which impacted child sex
learn from China’s failed experience of enforcing ratio.

NATIONAL SUICIDE
CHANGES NEEDED
• There is a need to change the discourse of population
policy from population control to ensuring that the PREVENTION STRATEGY
population is happy, healthy, productive to reap the
benefits of demographic dividend.
#Mental Health
• It is estimated that by 2050, there will be more people
older than 60 years than those below 15 years. The Ministry of Health and Family Welfare has unveiled

share of the population over the age of 60 is projected National Suicide Prevention Strategy — the first-of-its-

to increase from 8% to nearly 20% in 2050. The new kind policy formulated by the government to prevent

population policy should focus on management of suicides as a public health priority.

ageing population. NATIONAL SUICIDE PREVENTION STRATEGY

• To address declining child sex ratio, the new Goal: To reduce suicide mortality in the country by 10%
population policy should actively focus on balancing by 2023.
the sex ratio. Objectives:
• Though the overall fertility rate of India has come • Establish effective surveillance mechanisms for suicide
down, the demographic transition has not been within the next 3 years.
uniformed across the states. Some states like Kerala
• Establish psychiatric outpatient departments (OPD)
and Tamil Nadu achieved replacement level of TFR
that provide suicide prevention services through
much earlier than other states. So, the new population
District Mental Health Programme (DMHP) in all
policy should consider the variations in the
districts in next 5 years.
demographic composition of the states.

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Society and Social Justice

• Integrate mental well-being curriculum in all • Most suicides in India are by youth and middle-aged
educational institutes in next 8 years. adults — with 65% of the suicides in 2020 being
SUICIDES IN INDIA reported in the age group of 18-45 years.

• As per latest National Crime Records Bureau (NCRB)


data, 1.64 lakh people died by suicide in 2021 — an
increase of 7.2% from 2020.
RISK FACTORS FOR SUICIDE

ONGOING SUICIDE PREVENTION INITIATIVES National level:

Global level: 1. National Mental Health Policy 2014 sees prevention

• United Nations Sustainable Development Goals: of mental disorders, reduction of suicide and

The UN has highlighted the importance of mental attempted suicide as core priority areas.

wellness in their SDG 3, which aims at ensuring healthy 2. Mental Healthcare Act 2017 effectively
lives and promotion of well-being across all age decriminalised the attempt to die by suicide, which was
groups. Reducing suicide rate has been established as earlier punishable under Section 309 of the Indian
an indicator of achievement of this goal. Penal Code. It ensured that the individuals who have

• WHO guidance on Suicide Prevention: WHO's attempted suicide are offered opportunities for

approach to suicide prevention is known as LIVE LIFE, rehabilitation from the government thereby reducing

comprising Leadership, Interventions, Vision, and stress on the victim.

Evaluation (LIVE), and Less means for suicide, 3. Other National programs include National Mental
Interaction with Media, Form the young, Early Health Program, National Palliative Care Program,
identification (LIFE) as cross-cutting strategies. Ayushman Bharat and Nasha Mukti Abhiyaan Task
Force.

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Society and Social Justice

IMPLEMENTATION MECHANISM • Develop community awareness programs towards


National Suicide Prevention Strategy delineates the mental health problems and suicide prevention
'REDS' path for suicide prevention, and intends to: utilizing District Mental Health Programme.
• Include suicide literacy as part of high school/college
1. Reinforce leadership, partnerships and
curriculum and integrate life skills education in school
institutional capacity in the country:
and colleges.
• Formulate policy focusing on reducing harmful use of
• Mandate integration of mental wellness programs and
alcohol and advocate for reduction of easy access to
facilities in all workplaces and strengthen laws for
alcohol.
protection of workers (single minimum wage, working
• Implement community level drug use prevention hours, overtime pay, etc.) employed in the informal
programmes. sector.
• Develop National guidelines for safe internet usage to 4. Strengthen surveillance and evidence generation:
address growing concern of internet addiction and its • Development of Mental Health Management
strong correlation to mental health issues. Information System (MIS) to capture data on Self
2. Enhance the capacity of health services to provide Injury/ Harm at the National and State level.
suicide prevention services: • Expand the data columns of National and State Crime
• Expand and strengthen mental health care services Records Bureau to reduce gaps in the information.
and de-addiction services at sub-district levels. CHALLENGES
• Conduct specific out-reach programs for vulnerable • Prevailing stigma regarding mental health issues and
population (E.g., LGBTQIA+, tribal population, myths pertaining to suicide.
homeless population, elderly, prisoners, HIV+ patients, • Limited skilled human resources in the field of mental
persons with disabilities, etc.) health and suicide prevention.
• Expand and strengthen tele-consultation services. • Coordinating and collaborating with multiple
3. Develop community resilience and societal stakeholders with differing priorities.
support for suicide prevention and reduce stigma For effective implementation of the National Suicide
associated with suicidal behaviours: Prevention Strategy, the challenges need to be overcome
through strong commitment by the Government and all

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Society and Social Justice

stakeholders towards mental health and suicide


prevention.

practice questions
MCQS
Q.1) Consider the following statements about (a) Ministry of Education
POCSO Act: (b) Ministry of Health and Family Welfare
1. Consensual sexual relations among children are (c) Ministry of Social Justice and Empowerment
not considered to be crime. (d) Ministry of Home Affairs
2. Special courts have been provided for trial of sexual
offences against children.
Q.4) LIVE LIFE is a campaign by WHO. What is focus
Which of the statements given above is/are correct? of this campaign?
(a) 1 only (b) 2 only (a) Mental Health
(c) Both 1 and 2 (d) Neither 1 nor 2 (b) Suicide Prevention
(c) Work Life Balance
Q.2) Consider the following statements about (d) Sanitation
POCSO Act:
1. It is not a gender-neutral act as it does not deal with
Q.5) Consider the following statements:
sexual offences against male children.
1. According to NFHS-5, overall total fertility rate for
2. Reporting of offences under POCSO is mandatory.
India has fallen below replacement rate.
Which of the statements given above is/are correct?
2. Overall sex ratio has been on an increasing trend
(a) 1 only (b) 2 only since 1991.
(c) Both 1 and 2 (d) Neither 1 nor 2 Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
Q.3) National Suicide Prevention Strategy has been (c) Both 1 and 2 (d) Neither 1 nor 2
recently released by?

Descriptive Question
Q1. Do you think that the welfare mechanism of the Government for uplifting the vulnerable sections is making them

perpetually dependent on the State? Give reasons in support of your arguments.

Q2. Do you think the Protection of Children from Sexual Offences (POCSO) Act, 2012 ensure effective mechanism for

protection of children in the society? Discuss.

Answers: 1-b, 2-b, 3-b, 4-b, 5-c

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Geography, Environment,
Biodiversity & Disaster
Management
# GS Paper (Prelims) and GS Paper I & III (Main)

COP-27 OF UNFCCC
• Annex II countries: Developed countries which pay for
costs of developing countries. Annex II countries are a
#climatechange sub-group of the Annex I countries.
• Non-Annex I countries: Developing countries are not
required to reduce emission levels unless developed
countries supply enough funding and technology.
COP-27 of UNFCCC was organized in the city of Sharm-El-
• Setting no immediate restrictions under UNFCCC
Sheikh in Egypt. The meeting took place in the backdrop of
serves these purposes:
catastrophic climate change induced flooding in Pakistan.
The focus of this COP was to iron out the Loss & Damage Fund o It avoids restrictions on their development because
which will help developing countries to deal with climate emissions are strongly linked to industrial capacity.
change induced disasters. o They can sell emissions credits to nations whose
ABOUT UNFCCC operators have difficulty meeting their emissions
targets.
• UNFCCC entered into force in 1994 after the Rio
Summit (Earth Summit of 1992). o They get money and technologies for low-carbon
investments from Annex II countries.
• The ultimate objective of the Convention is to stabilize
greenhouse gas concentrations "at a level that would o Developing countries may volunteer to become
prevent dangerous anthropogenic (human induced) Annex I countries when they are sufficiently
interference with the climate system." developed. v. India is non-Annex party to UNFCCC.

• Near universal membership: 197 countries that have CONFERENCE OF PARTIES (COP)
ratified the Convention are called Parties to the The COP is the supreme decision-making body of the
Convention. Convention. All States that are Parties to the Convention
• USA has re-joined the UNFCCC after President Biden are represented at the COP, at which they review the
took over. Preventing “dangerous” human interference implementation of the Convention and any other legal
with the climate system is the aim of the UNFCCC. instruments that the COP adopts and take decisions
necessary to promote the effective implementation of the
PARTIES TO UNFCCC ARE CLASSIFIED AS
Convention, including institutional and administrative
• Annex I countries: Industrialized countries and
arrangements.
economies in transition

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Geography, Environment, Biodiversity & Disaster Management

KEY INITIATIVES LAUNCHED AT COP 27 how to operationalize both the new funding
arrangements and the fund at COP28 next year. The first
LOSS & DAMAGE FUND meeting of the transitional committee is expected to take
United Nations Climate Change Conference COP27 closed place before the end of March 2023.
with a breakthrough agreement to provide “loss and
MITIGATION WORK PROGRAM (MWP)
damage” funding for vulnerable countries hit hard by
• A mitigation work programme was launched in Sharm
climate disasters.
el-Sheikh, aimed at urgently scaling up mitigation
ABOUT LOSS & DAMAGE
ambition and implementation.
• “Loss and damage” refer to costs being incurred from
• The work programme will start immediately following
climate-fuelled weather extremes or impacts, like rising
COP27 and continue until 2030, with at least two global
sea levels.
dialogues held each year.
• The fund will be aimed at helping developing countries
that are “particularly vulnerable” to the effects of • Countries agreed to develop a Mitigation Work
climate change. Programme (MWP) to urgently scale up mitigation
ambition and implementation. Mitigation means
• Developing countries made strong and repeated
reducing emissions, ambition means setting stronger
appeals for the establishment of a loss and damage
targets and implementation means meeting new and
fund, to compensate the countries that are the most
vulnerable to climate disasters, yet who have existing goals.
contributed little to the climate crisis. • Coming into COP27, developing countries had raised
MERITS concerns that rich nations, through the MWP, will
push them to revise their climate targets without
• Shift of focus: Climate funding so far has focused
enhancing the supply of technology and finance.
mostly on cutting carbon dioxide emissions to curb
global warming, while about a third of it has gone • In the run-up to COP27, India had said the MWP
towards projects to help communities adapt to future cannot be allowed to “change the goal posts” set by
impacts. the Paris Agreement.
• Urgency of the fund: A report by 55 vulnerable NEW COLLECTIVE QUANTIFIED GOAL (NCQG)
countries estimated their combined climate-linked ON CLIMATE FINANCE
losses over the last two decades totalled $525bn, or 20
• By decision, Parties decided that, prior to 2025, the
percent of their collective gross domestic product
Conference of the Parties serving as the meeting of the
(GDP). Some research suggests that by 2030, such
losses could reach $580bn per year. Parties to the Paris Agreement (CMA) shall set a new
collective quantified goal (NCQG) from a floor of USD
ISSUES
100 billion per year, considering the needs and
• No agreement yet over what should count as “loss and
priorities of developing countries.
damage” caused by climate change.
• A key accompanying decision to the 2015 Paris
• No agreement over who will pay. Vulnerable countries
Agreement stipulated setting a new collective
and campaigners in the past argued that rich countries
quantified goal (NCQG) for climate finance prior to
that caused the bulk of climate change with their
2025.
historical greenhouse gas emissions should pay. The
United States and European Union had resisted the • This new goal is to be built on the foundation of the
argument, fearing spiralling liabilities. The EU has US$100 billion per year by 2020 commitment and must
argued that China – the world’s second largest consider the needs and priorities of developing
economy but classified by the UN as a developing countries.
country – should also pay into it. • Delegates at COP26 in Glasgow launched an ad hoc
• Huge chance of shifting responsibilities and deadlock. work program, which will run until COP29 in 2024, to
Note: Governments also agreed to establish a initiate the deliberations of the NCQG.
‘transitional committee’ to make recommendations on

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Geography, Environment, Biodiversity & Disaster Management

SANTIAGO NETWORK Investments over $3.1 billion will be made over next 5
years to advance four Multi-Hazard Early Warning System
• Santiago Network is to catalyze the technical assistance
of relevant organizations, bodies, networks and (MHEWS) pillars from a scientific & technical, policy and
financial perspective.
experts, for the implementation of relevant
approaches for averting, minimize and addressing L&D PILLARS OF EARLY WARNINGS FOR ALL INITIATIVE
at the local, national and regional level, in developing 1. Disaster risk knowledge and management
countries that are particularly vulnerable to the (Implemented by UNDRR & WMO)
adverse effects of climate change. 2. Detection, Observations, Monitoring, Analysis and
• It will connect vulnerable developing countries with Forecasting (Implemented by WMO, UNDP, UNESCO
providers of technical assistance, knowledge, and UNEP)
resources they need to address climate risks 3. Warning dissemination and communication (ITU, IFRC
comprehensively in the context of averting, minimizing
UNDP & WMO)
and addressing loss and damage.
4. Prepared to respond (IRFC, REAP, OCHA, FAO & WFP).
TIMELINE
OBJECTIVES
• COP 25 (2019- Madrid): Parties established the
• Advancing universal disaster risk knowledge.
Santiago network as part of the WIM (Warsaw
international mechanism). • Enhance capacity to detect hazards, close observation
gaps.
• COP 26- (2021- Glasgow) : Parties decided on the
functions of the Santiago Network and issued a call for • Advance global forecast data processing systems and
submissions. data exchange, optimising international efforts.

• COP 27 - Parties also agreed on the institutional • Effective dissemination and communication of
arrangements to operationalize the Santiago Network warnings
for Loss and Damage. • Developing an objective Early Warnings for All Maturity
GLOBAL GOAL ON ADAPTATION Index

• COP27 saw significant progress on adaptation, with FINANCES


governments agreeing on the way to move forward on • COP 27 has Highlighted that about USD 4 trillion per
the Global Goal on Adaptation, which will conclude at year needs to be invested in renewable energy up until
COP28 and inform the first Global Stocktake, improving 2030 to be able to reach net zero emissions by 2050,
resilience amongst the most vulnerable. and that, furthermore, a global transformation to a
• Under the Paris Agreement, the GGA was established low-carbon economy is expected to require investment
to provide a collective vision and direction for the of at least USD 4–6 trillion per year.
international community to engage in desperately • It has further noted the growing gap between the
needed adaptation and resilience-building efforts. needs of developing country Parties, those due to the
• It’s about more than saving a location: it’s about saving increasing impacts of climate change and their
lives, protecting livelihoods and, in many cases, a increased indebtedness, and the support provided and
nation’s very existence. mobilized for their efforts to implement their nationally
determined contributions, highlighting that such needs
• At the UN Climate Change Conference (COP26) in
are currently estimated at USD 5.8–5.9 trillion for the
Glasgow last November, countries agreed to launch a
pre-2030 period.
two-year work program on the Global Goal on
Adaptation. • It has expressed a serious concern that the goal of
developed country Parties to mobilize jointly USD 100
EARLY WARNING FOR ALL INITIATIVE
billion per year by 2020 in the context of meaningful
It aims to ensure that every person on Earth is protected mitigation action and transparency on implementation
by early warning systems within 5 years. This initiative has has not yet been met and has urged developed country
been launched by United Nations and will implemented Parties to meet the goal.
by World Meteorological Organisation.

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CLIMATE TECHNOLOGY CENTRE AND NETWORK • Twenty-seven countries (26 countries + E.U) representing
(CTCN) over 60% of global GDP and 33% of the world’s forests,
have already joined the new partnership.
• The CTCN is the implementation arm of the Technology
Mechanism of the United Nations Framework • No India in it till now.
Convention on Climate Change (UNFCCC) and is hosted • The partnership is co-chaired by the US and Ghana,
by the UN Environment Program (UNEP) in • To ensure accountability, the FCLP will hold annual
collaboration with UNIDO. meetings and publish an annual Global Progress
• Arrangements were agreed by the UNFCCC and UNEP Report that includes independent assessments of
governing council in early 2013. global progress toward the 2030 goal, and progress
• It is in Copenhagen, Denmark. made by the FCLP itself.

• The Centre promotes the accelerated transfer of UNFCCC REDD+ Info Hub.
environmentally sound technologies for low carbon • Developing countries are taking ongoing concrete
and climate resilient development at the request of actions to protect forests under the Reducing
developing countries. Emissions from Deforestation and forest Degradation
• The CTC provides technology solutions, capacity (REDD+) mechanism.
building and advice on policy, legal and regulatory • REDD+ provides a holistic framework for forest climate
frameworks tailored to the needs of individual action, including by providing results-based payments
countries by harnessing the expertise of a global for emission reductions achieved in the forestry sector.
network of technology companies and institutions.
• The framework for measuring, reporting and verifying
COP 27 has welcomed the first joint work programme of forest-related emissions under UN Climate Change,
the Technology Executive Committee and the Climate included in the Paris Agreement, serves as a guide for
Technology Centre and Network, for 2023–2027, and all mitigation action in the forestry sector,
decided that the main challenges identified therein should independently of the source of results-based finance.
be considered under the global stocktake
• COP decided to establish the Lima REDD+ Information
The Technology Executive Committee (TEC) and Climate Hub on the REDD+ Web Platform to publish
Technology Centre and Network (CTCN) – the two bodies information on the results of REDD+ activities, and
of the Technology Mechanism under the UNFCCC and corresponding results-based payments. The Lima
Paris Agreement – launched their joint work program (5- REDD+ Information Hub aims to increase transparency
year work program) to accelerate the deployment of of information on REDD+ results-based actions.
transformative climate technologies that are urgently
MANGROVE ALLIANCE FOR CLIMATE
required to tackle climate change. The new joint work
• This initiative aims to scale up and accelerate
program of the Technology Mechanism covers work from
2023-2027. conservation, restoration & growing plantation efforts
of mangrove ecosystems for benefits of communities
FOREST AND CLIMATE LEADERS’ PARTNERSHIP globally and recognise importance of these ecosystems
(FCLP) for climate change mitigation and adaptation.
• Important progress on sustainable forest management Essentially, the initiative aims to promote mangroves
and conservation has been made at the COP27 with the as a nature-based solution to climate change.
launch of the Forest and Climate Leaders’ Partnership • Specifically, member countries commit to plant,
(FCLP), which aims to unite action by governments, rehabilitate and restore mangroves within their
businesses and community leaders. country, as well as supporting others to do the same.
• The Partnership aims to boost action to implement a • Members of MAC will work to strengthen cross-
commitment made by over 140 countries at COP26 in boundary cooperation to promote nature-based
Glasgow last year to halt forest loss and land solution and knowledge exchange importance of
degradation by 2030 and to convert ambition into mangroves restoration, facilitate learning and
results on the ground.

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leveraging across nature-based solution efforts and • Food security: Global fish catch is dependent on
address cross-cutting efforts. mangrove forests.
• Members: The Alliance will be led by UAE and Indonesia • Mangroves are one of the most productive ecosystems
along with 5 other member countries i.e., India, Sri of the world. This tidal forest serves as a nursery
Lanka, Australia, Japan and Spain. ground for several organisms, protects coastal erosion,
OBJECTIVES OF MANGROVE ALLIANCE FOR CLIMATE sequestering carbon and providing livelihood for
(MAC) millions of people besides harbouring array of faunal
elements in its habitat.
• Demonstrate collective commitment to nature-based
climate solutions through mangrove protection & Mangroves are distributed in tropical and sub-tropical
plantations. regions of the world and are found 123 countries.

• Amplify ecosystem services from mangroves to WAY FORWARD


mitigate and combat climate change through 1. Mangroves forests are currently not included in the
innovation & research. REDD+ (Reducing Emissions from Deforestation and
• Enhance protection of mangrove ecosystems at a Forest Degradation). Currently, they are not included.
global level through scientific, social and economic There is a need for integration of mangroves into the
studies. national REDD+ programs.

• Encourage social and private sector philanthropy 2. Sharing of information, experiences and innovative
approach to support efforts of blue carbon solutions solutions on mangrove restoration among member
and plantation efforts of mangroves. countries.

• Amplify global efforts to achieve international climate 3. Studies on ecosystem valuation and carbon
agenda. sequestration.

IMPORTANCE OF MANGROVES IN ADDRESSING 4. Generating appropriate financial instruments for


CLIMATE CHANGE mangrove conservation & restoration.

• Mangroves are among the most carbon-rich forests in SIGNIFICANCE OF MANGROVES


the tropics. • Mangrove forests — consisting of trees and shrub that
• Carbon Sequestration: They account for 3% of carbon live in intertidal water in coastal areas — host diverse
sequestered by the world's tropical forests. Studies marine life.
have shown mangrove forests can absorb four to five • They also support a rich food web, with molluscs and
times more carbon emissions than landed tropical algae-filled substrate acting as a breeding ground for
forests. Mangroves forest cover about 0.1% of earth's small fish, mud crabs and shrimps, thus providing a
surface but can store up to 10x more carbon per livelihood to local artisanal fishers.
hectare than terrestrial forests. • Equally importantly, they function as effective carbon
• Mangroves can function as buffer for Ocean stores, holding up to four times the amount of carbon
acidification and function as sink for micro-plastics. as other forested ecosystems. Mangrove forests
• Coastal protection: Mangroves function as natural capture vast amounts of carbon dioxide from the
barriers against coastal flooding, rising tides and storm atmosphere and their preservation can both aid in
surges. Mangrove ecosystems prevent more than $65 removal of carbon from the atmosphere and prevent
billion property damages and reduce flood risks for the release of the same upon their destruction.
around $15 million people every year. • India holds around 3 percent of South Asia’s mangrove
• Species protection: Around 341 threatened species population. Besides the Sundarbans in West Bengal,
around the world depend on mangrove forest. Under the Andamans region, the Kachchh and Jamnagar areas
water, root system of Mangroves provides nesting and in Gujarat too have substantial mangrove cover.
feeding grounds for juvenile fish, oyster, mussels and METHANE ALERT AND RESPONSE SYSTEM
sharks. Above ground, mangroves provide home for (MARS)
cranes, eagles and monkeys.
• Launched at the 27th COP by UNEP

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• MARS is the first global system providing rapid, • Indonesia was the second country to enter Just Energy
actionable and transparent data on methane Transition Partnership with International Partners
emissions using satellites. Group of nations comprising of USA, Japan, Canada,
• MARS will first focus on significant methane emission Denmark, EU, France, Germany, Italy, Norway and UK.
sources from the energy sector. With more satellites • India has been invited to become a member of Just
coming in future, MARS will be able to detect smaller Energy Transition Partnership. However, India has
plumes and expand to other methane emitting sectors entered the JETP Agreement.
such as waste and agriculture. GLOBAL SHIELD FINANCING FACILITY
MARS HAS FOUR COMPONENTS • World Bank Group has created Global Shield Financing
• Methane (Detect & Attribute): IMEO will collaborate Facility (GSFF) to help developing countries access
with Committee on Earth Observation Satellites and more financing for recovery from natural disasters and
work with existing global mapping satellites to identify climate shocks. It will finance integrated financial
large methane plumes and methane hot spots and protection packages that offer coordinated and
conduct further analysis using other satellites and consolidated financial support to those vulnerable to
datasets to enable attribution of the event to a specific climate shocks and disasters. These financial packages
source. will complement investments in climate adaptation and
• Alert (Notify & Engage Stakeholders): IMEO will work disaster risk reduction.
directly and through partners to notify relevant • Enable and mobilise private capital for financial
governments and companies to large emission events resilience, by offering private financial solutions,
happening in or near their jurisdictions or operations including insurance and other risk transfer instruments
and will continue this engagement as more information such as catastrophe bonds.
becomes available.
• It will support Global Shield Against Climate Risks, a
• Response (Stakeholders take abatement action): It will joint initiative launched today at COP 27 by the G7 and
be up to notified stakeholders to determine how best V20 to better protect poor & vulnerable people from
to respond to the notified emissions and share their disasters by pre-arranging more financing before
actions with MARS to show initiative. disasters strike. It builds on earlier Global Risk
• System (Track, Learn, Collaborate, Improve): IMEO will Financing Facility, established in 2018, which has
continue to monitor the event location for future supported country operations in Africa, Asia and Small
emissions as mitigation efforts proceed. Once MARS Island Developing States.
system is fully operational, IMEP and partners will make • GSFF will channel grants to developing countries
data and analysis publicly available between 45-75 days through World Bank projects or through projects
post detection. prepared by other participating partners, including UN
JUST ENERGY TRANSITION PARTNERSHIP agencies and multilateral development banks. It will
also collaborate closely with key stakeholders like civil
JETP is a mechanism evolved by the G7 under which
society, risk pools, private sector and humanitarian
advanced developed countries enter into an agreement
partners.
with developing countries currently overtly dependent of
coal power. Countries which enter JETP will decarbonise
their power sector by phasing out of coal power and COP 19 OF CITES
support will be given for boosting renewable energy.
Financial supports will be given to the countries in the
#biodiversity #conservation
form of grants, loans from the partner countries and from
multilateral development banks. 19th Conference of Parties (CoP) was organized in Panama
• South Africa was the first country to enter Just Energy City, the capital of Panama. CoP is the ultimate decision-
Transition Partnership with International Partners making body of CITES. During the meeting more than 365
Group of nations comprising of USA, EU, France, decisions were taken covering more than 500 species. CoP of
Germany and UK. CITES are also popularly known as World Wildlife Conference.

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ABOUT CITES
IMPORTANT DECISION TAKEN AT COP 19
• CITES stands for CONVENTION ON INTERNATIONAL
OF CITES
TRADE IN ENDANGERED SPECIES OF WILD FAUNA.
• CITES works by subjecting international trade in RELAXATION ON DALBERGIA SISSOO
specimens of selected species to certain controls. All • 17th meeting of COP at Johannesburg, South Africa
import, export, re-export and introduction from the sea in 2016, included all species of Genus Dalbergia in
covered by the Convention must be authorized • Appendix II of CITES. Thereby requiring following
through a licensing system. CITES regulations for the trade of the species.
• Each Party to the Convention must designate one or • Due to the inclusion of Dalbergia sissoo, there were
more Management Authorities in charge of restriction on exports of furniture and handicrafts
administering that licensing system and one or more made of Dalbergia sissoo which fell from Rs 1000
Scientific Authorities to advise them on the effects of crore to Rs 500-600 crore per annum after the listing.
trade on the status of the species. The decrease in exports of Dalbergia sissoo
SPECIES COVERED UNDER CITES products has affected the livelihoods of around
Species covered by CITES are listed in three Appendices, 50,000 artisans who work with the species.
according to the degree of protection they need: • In India, the species of Dalbergia sissoo (North
1. Appendix-I: Includes species threatened with Indian Rosewood or Shisham) is found in abundance
extinction. Trade in specimens of these species is and is not treated as an endangered species. It is not
permitted only in exceptional circumstances. Trade is a protected species under the Wildlife Protection
effectively banned from commercial international Act, 1972 and thus not treated as an endangered
trade. species.

2. Appendix-II: Includes species not necessarily TRADE RESTRICTIONS IMPOSED UNDER CITES
threatened with extinction, but in which trade must be APPENDIX INCLUSION
controlled to avoid utilization incompatible with their • Every consignment of weight above 10 kg requires
survival. These species can be traded but that trade is CITES permit.
strictly regulated and subject to tight controls from • At India’s initiative, it was agreed upon that any
both the exporting and importing Parties. number of Dalbergia sissoo timber-based items can
3. Appendix-III: Includes species that are protected in at be exported as a single consignment in a shipment
least one country, which has asked other CITES Parties without CITES permit if the weight of each individual
for assistance in controlling the trade. item of this consignment is less than 10 kg.
PROCEDURES FOR CHANGES TO APPENDIX • Further, it was agreed that for net weight of each
Changes to Appendix I & II: Conference of the Parties (CoP) item only timber will be considered, and any other
which is the Supreme decision-making body of the item used in the product like metal etc. will be
Convention and comprises all its Parties, has agreed on a ignored. This is a great relief for Indian artisans and
set of biological and trade criteria to help determine furniture industry.
whether a species should be included in Appendices I or • However, due to concerns regarding challenges in
II. At each regular meeting of the CoP, Parties submit distinguishing different species of Dalbergia in their
proposal based on those criteria to amend these two finished forms.
Appendices. These amendment proposals are discussed • Countries expressed that there was an urgent need
and then submitted to a vote. The convention also allows for developing advanced technological tools for
for amendments by a postal procedure between meetings distinguishing finished wood of Dalbergia.
of the CoP, but this procedure is rarely used. Considering the absence of a clear technology for
Changes to Appendix III: Changes to Appendix III follow a distinguishing finished wood, COP did not agree to
distinct procedure from changes to Appendix I and II, as delist Dalbergia sissoo from Appendix II of CITES.
each Party is entitled to make unilateral amendments to
it.

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ENHANCED PROTECTION TO LEITH’S SOFT- • The turtles like to bask in the sun on land.
SHELLED TURTLE • The National Chambal Sanctuary portion of
• At India’s proposal, CoP agreed to shift Leith’s the Chambal River has received moderate
Softshell Turtle from Appendix II to Appendix I of protection since 1979 as India's only
CITES. protected riverine habitat. It is believed to be one of
the last viable habitats for this species, though even
• Despite being listed in Schedule IV of Wildlife
here, B. kachuga are rare.
Protection Act, 1972. However, poaching and illegal
trade of protected turtle species is a major challenge JEYPORE HILL GECKO
in India with seizures of thousands of specimens India’s proposal for listing Jeypore Hill Gecko in
reported every year. Appendix II of CITES was accepted.
• Species level identification of seized specimens is ABOUT JEYPORE HILL GECKO
also a challenge. Tortoises and freshwater turtles • It is a reptile species endemic to Eastern Ghats.
are targeted for the international pet, meat and
• It is primarily found in southern Odisha and
calipee trade, as well as for illegal domestic
northern Andhra Pradesh.
consumption in some areas.
• It resides below rock boulders in high forested hills
• The CITES Appendix I listing of this Turtle species
at an altitude of 1,000-1,400 m.
would ensure that legal international trade in the
species does not take place for commercial • IUCN Status: Endangered.
purposes.
• It would also ensure that international trade in
captive-bred specimens only takes place from
SENNA SPECTABILIS
registered facilities and further that higher and more #Protected Areas #Biodiversity
proportionate penalties are provided for illegal trade
of the species.
ABOUT LEITH’S SOFTSHELL TURTLE An invasive species, Senna spectabilis, an exotic tree, has
taken over between 800 and 1,200 hectares of the buffer
• Leith’s Softshell Turtle is a large fresh water soft-
zones of the Mudumalai Tiger Reserve (MTR) in the
shelled turtle which is endemic to peninsular India
picturesque Nilgiris hill district.
and it inhabits rivers and reservoirs.
ABOUT SENNA SPECTABILIS
• The species has been subject to intensive
exploitation over the past 30 years. It has been • Senna spectabilis was introduced as an ornamental
poached and illegally consumed within India. species and for use as firewood from South and Central
America.
• It has also been illegally traded abroad for meat and
for its calipee. • Senna spectabilis belongs to Fabaceae family and is
grown as ornamental plant across tropical America.
• The population of this turtle species is estimated to
have declined by 90% over the past 30 years such • It can grow 7 - 18 metres tail; is evergreen in climates
that the species is now difficult to find. with rain all year round, but can become deciduous in
some regions, and produces yellow flowers.
• It is classified as ‘Critically Endangered’ by the IUCN.
• Pharmacological studies by various groups of
RED CROWNED ROOFED TURTLE (BATAGUR
investigators have shown that it possesses significant
KACHUGA)
biological activity, such as antibacterial, antibiofilm,
At India’s proposal, CoP agreed to shift this species antifungal and antioxidant properties.
from Appendix II to Appendix I of CITES.
• The species has become highly invasive in Sigur plateau
ABOUT BATAGUR KACHUGA in both the core and buffer zones of the MTR.
• It is a freshwater turtle endemic to South Asia. • Senna spectabilis, along with Lantana camara, is
• IUCN Status: Critically Endangered. among five major invasive weeds that had taken over

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RHINO HORNS ARE


vast swathes of the Nilgiris, with wattle being the other
major invasive species.
CONCERNS
SHRINKING DUE TO THE
• It is considered an environmental weed by Global
Compendium of Weeds. IMPACT OF HUNTING
• It grows extremely fast, flowers and sets seed
profusely, and re-sprouts immediately when cut. One #Fauna #Biodiversity
young tree can produce around 6000 seeds every
season. Survival rate of these seeds are 95-99% and
The horns of rhinoceroses may have become smaller over
they can survive for 8-9 years in soil.
time from the impact of hunting, according to a recent study
• In places like Australia, Uganda, and Cuba this species
which analysed artwork and photographs of the animal
is considered as invasive. Now it has made its way to spanning more than five centuries.
Indian forests, especially South India.

RHINOCEROSES DISTRIBUTION ACROSS WORLD

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IUCN STATUS OF RHINOCEROS Wokha district, arguably the most preferred stopover
• Indian or Greater One-horned Rhino : IUCN Status - of the Amur falcons while travelling from east Asia to
Vulnerable, Schedule 1 of WPA southern Africa.

• Sumatran Rhino : IUCN Status - Critically endangered • The TEBC is the first of initiatives where the community
is encouraged to celebrate the festival with birds.
• Javan Rhino : IUCN Status - Critically endangered
• The TEBC falls within the Salim Ali Bird Count, a
• Black Rhino : IUCN Status - Critically endangered
nationwide event conducted by the Bombay Natural
• White Rhino : IUCN Status - Near Threatened History Society.
HABITAT AND DISTRIBUTION: GREATER ONE HORNED
AMUR FALCON
RHINO
• IUCN Status – Least concerned
• Breeds in South-east Russia and northern China.
• Migrates west through India and across the Arabian
Sea to Southern Africa
• Feeds on dragonflies that follow a similar migration
path over Arabian Sea.
• 22,000 km journey (longest sea crossing of any
raptor)
• The preferred habitat of an Indian rhinoceros are • Threats: Over harvesting from trapping + Habitat
primarily areas that contain grasslands and wetlands loss from grassland degradation
located in the foothills of the Himalayas and the
• They are protected under Wildlife protection act
Brahmaputra and Ganges valley.
1972.
• At present, the species are restricted to small patches
• Nagaland is known as the ‘Falcon capital of the
in the Indo-Nepal Terai, northern parts of West Bengal,
world.’
and Assam. Formerly they were extensively distributed
in the Brahmaputra and Gangetic valley. • Doyang Lake in
Nagaland is especially
• They are also found in Bhutan and Nepal.
famous site for sighting
• Kaziranga National Park has the largest number of One Amur Falcons. (Doyang
Horned Rhinoceros in India and the World. Lake is not a natural
• Pobitora Sanctuary has the highest density of One waterbody, it has been formed by creating a dam on
Horned Rhinoceros. River Doyang).
• One Horned Rhinoceros has been successfully • Flyway: East-Asian Australasian and African Eurasian
reintroduced in the Dudhwa National Park.

AMUR FALCONS
#avian diversity

Nagaland is undertaking the first avian documentation


exercise to go beyond Amur falcons.
• Tokhü Emong Bird Count (TEBC) is Nagaland’s first bird
documentation event to celebrate the birds of the state
• The four-day Tokhü Emong Bird Count (TEBC) has been
timed with the post-harvest Tokhü Emong festival of
the Lothas, the Naga community that dominates

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MAUNA LOA WORLD’S


• Hawaii’s volcanoes are called shield volcanoes because
successive lava flows over hundreds of thousands of

LARGEST ACTIVE VOLCANO


years build broad mountains that resemble the shape
of a warrior’s shield.

#volcano #locations Volcano: A volcano is a crack or opening in the earth's


surface that allows hot lava, volcanic ash, and gases to
escape from a magma chamber below the surface.
Residents of Hawaii are fearing that Mauna Loa, the world’s Lava and gas are released from a volcano during an
largest volcano will erupt soon. Scientists say they do not eruption, which can be explosive. Volcanism is a
expect that to happen right away but officials on the Big process that has been going on Earth since the
Island of Hawaii are telling residents to be prepared in case it beginning of its evolution more than 4 billion years ago.
does erupt soon.

CARBON BORDER
ADJUSTMENT TAX
#Climate Change

BASIC group which includes Brazil, South Africa, India and


China have called on developed countries not to pursue
Carbon Border Tax.
ABOUT CARBON LEAKAGE
• Carbon leakage refers to the situation that may occur
if, for reasons of costs related to climate policies,
businesses were to transfer production to other
countries with laxer emission constraints. This could
lead to an increase in their total emissions.
• The risk of carbon leakage may be higher in certain
• Mauna Loa is one of five volcanoes that together make energy-intensive industries. (Trade and Climate
up the Big Island of Hawaii, which is the southernmost Change).
island in the Hawaiian archipelago. • Deal with this risk of carbon leakage, EU as part of
• It is not the tallest (that title goes to Mauna Kea) but it European Green Deal is implementing Carbon Border
is the largest and makes up about half of the island’s Adjustment Mechanism, which would prevent the risk
land mass. of carbon leakage and support EU’s increased ambition
• It sits immediately north of Kilauea volcano, which is on climate mitigation, while ensuring WTO
currently erupting from its summit crater. compatibility.

• Kilauea is well-known for a 2018 eruption that FUNCTIONING OF CARBON BORDER ADJUSTMENT TAX
destroyed 700 homes and sent rivers of lava spreading • EU importers will buy carbon certificates
across farms and into the ocean. Mauna Loa last corresponding to the carbon price that would have
erupted 38 years ago. been paid, had the goods been produced under the
• Hawaii volcanoes like Mauna Loa have hotter, drier and EU's carbon pricing rules.
more fluid magma. The gas in the magma of Hawaii’s • Conversely, once a non-EU producer can show that
volcanoes tends to escape, and so lava flows down the they have already paid a price for the carbon used in
side of their mountains when they erupt. the production of the imported goods in a third

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country, the corresponding cost can be fully deducted Agriculture Organization (FAO). WRAP, WWF, and
for the EU importer. Rabobank also support it.
• The CBAM will help reduce the risk of carbon leakage
by encouraging producers in non-EU countries to green
their production processes.
NATIONAL BIOENERGY
CRITICISM OF CARBON BORDER TAX PROGRAM
• They are unilateral measures outside of UNFCCC and
WTO rules.
#Schemes
• WTO rules currently do not call for using trade rules for
environmental aspects. The Ministry of New and Renewable Energy (MNRE),
• Will lead to market distortion. Government of India has notified the National
Bioenergy Programme on November 2, 2022. MNRE has
• May aggravate the trust deficit among Parties
continued the National Bioenergy Programme for the
• Unfair shifting of responsibility from developed period from FY 2021-22 to 2025-26. The Programme has
countries to developing countries. been recommended for implementation in two Phases.
The Phase-I of the Programme has been approved with a

'123 PLEDGE' budget outlay of Rs. 858 crores.


SUB-SCHEMES OF NATIONAL BIOENERGY PROGRAM
#Sustainability 1. Waste to Energy Programme (Programme on Energy
from Urban, Industrial and Agricultural Wastes /Residues)
to support setting up of large Biogas, BioCNG and
• This pledge aims to accelerate action to reduce food
Power plants (excluding MSW to Power projects).
loss and waste worldwide.
2. Biomass Programme (Scheme to Support
• The new Pledge challenges governments, businesses,
Manufacturing of Briquettes & Pellets and Promotion of
chefs and other important actors in the food system to
Biomass (non-bagasse) based cogeneration in Industries)
commit to concrete steps that will make reducing food
to support setting up of pellets and briquettes for use
loss and waste a part of their action agendas on
in power generation and non-bagasse-based power
greenhouse gas emissions.
generation projects.
• The ‘123 Pledge’ is coordinated by Champions 12.3, UN
3. Biogas Programme to support setting up of family
Environment Programme (UNEP), and UN Food and
and medium size Biogas in rural areas.

practice questions
MCQs
Q.1) With respect to “Mangrove Alliance for Climate”, (c) Both 1 and 2 (d) Neither 1 nor 2
consider the following statements:
1. It was launched in COP25 Summit to scale up and Q.2) With reference to the ‘Loss and Damages’ fund,
accelerate the conservation and restoration of the consider the following statements:
mangrove forests. 1. It was established in 1994 during UN Framework
2. India and Sri Lanka have joined it as partners. Convention on Climate Change (UNFCCC).
Which of the statements given above is/are correct? 2. The monetary compensation from the L&D fund has
(a) 1 only (b) 2 only been increased to $100 billion recently.

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Which of the statements given above is/are correct? 1. It is an international agreement to which States and
(a) 1 only (b) 2 only regional economic integration organizations adhere
(c) Both 1 and 2 (d) Neither 1 nor 2 voluntarily.
2. It is administered by the International Union for
Conservation of Nature (IUCN).
Q.3) With reference to the recently concluded Sharm-
El-Sheikh climate change conference (COP 27), 3. It is legally binding on the Parties and it takes the
consider the following statements: place of national laws.

1. India launched a Mission ‘LiFE’ at the conference to Which of the statements given above is/are incorrect?
protect and preserve the environment. (a) 1 only (b) 1 and 2 only
2. AWARE, an initiative launched at COP27 to address (c) 2 and 3 only (d) 1 and 3 only
water related challenges and solutions across
climate change adaptation. Q.5) Consider the following statements with
Which of the statements given above is/are correct? reference to Carbon Border Adjustment Tax:
(a) 1 only (b) 2 only 1. It is an import duty on goods from countries with
(c) Both 1 and 2 (d) Neither 1 nor 2 less strict climate policies.
2. The concept of the tax has been proposed by the
Q.4) With reference to “Convention on International United States.
Trade in Endangered Species of Wild Fauna and Which of the above statements is/are correct?
Flora (CITES)”, consider the following (a) 1 only (b) 2 only
statements: (c) Both 1 and 2 (d) None of the above

Descriptive Questions
Q1. Loss and Damage mechanism is necessary for in the face of increasing climate induced disasters. In this respect,
highlight how the operationalisation of loss and damage fund will lead to climate justice. Also, describe the possible
contours of Loss and Damage Fund being negotiated under UNFCCC.
Q2. Mangroves offer natural protection towards coastal erosion, tsunamis and climate change. Also, in this respect how
the Mangrove Alliance for Climate will lead to increased recognition of mangroves for climate change.

Answers: 1-b, 2-d, 3-c, 4-c, 5-a

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SCIENCE & TECHNOLOGY


# GS Paper (Prelims) & GS Paper III (Main)

GOLD NANOPARTICLES
#Nanotechnology

BASIC SCIENCE OF NANOPARTICLES

Nanotechnology is science operating at the nanoscale,


which is about 1 to 100 nanometers, where unique
phenomena occur that enable novel applications.
Nanoscale materials have far larger surface areas
relative to mass. As surface area per unit mass of a
A greater amount of the material can meet surrounding
material increases, physical and chemical properties
materials, thus affecting reactivity. Quantum effects and
change.
changed interaction with light, tunable physical
properties, increased reactivity, higher biocompatibility
leads to special properties of nanotechnology.
PROPERTIES OF GOLD NANOPARTICLES

• Good conductor of heat and electricity. • Non-toxicity: Gold in chemically inert. So, chemical
• Higher atomic number of golds, higher electron inertness will be there in gold nanoparticles. With

density and higher X-ray absorption coefficient. proper surface modifications, the cellular toxicity effect
can be reduced or even eliminated.

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• Antioxidant properties: Generation of reactive


oxygen species (ROS) intensifies the oxidative stress of
microbial cells.

• Biocompatibility: Especially, AuNPs are widely


employed across the medical field owing to their
excellent biocompatibility, which respectively results
from their high chemical and physical stability, easy to
functionalize with biologically active organic molecules
or atoms.

AuNPs (Gold Nanoparticles) can directly conjugate and


interact with diverse molecules containing proteins,
drugs, antibodies, enzymes, nucleic acids (DNA or RNA),
• Tunable physical properties: Their intrinsic features
and fluorescent dyes on their surface, for diverse
(optics, electronics, physicochemical characteristics)
medical applications and biological activities.
can be altered by changing the characterization of the
nanoparticles, such as shape, size and aspect ratio.

• Photo thermal effect: Due to large surface area, more


free electrons of metallic gold can come on surface.
This changed charge distribution changes the way gold
nanoparticles (GNPs) interact with light.

o Surface plasmon property: The optical properties


of AuNPs are dependent on Surface Plasmon
Resonance (SPR), which is the fluctuation and
interaction of electrons between negative and
positive charges at the surface. Due to their surface PRODUCTION of Gold Nanoparticles
plasmon property, the light absorbed by GNPs can
• Gold nanoparticles are commonly produced in a liquid
be converted into heat, which makes gold
by reducing chloroauric acid. After dissolving the acid,
nanoparticles suitable for photothermal therapy.
the solution is rapidly mixed along with a reducing
• Due to different types of interaction with light, gold agent. This process then causes Au3+ ions to be
nanoparticles (GNPs) are different from gold particles;
reduced to neutral gold atoms.
the larger size is a yellow inert solid whereas GNPs are
• As more of these gold atoms are generated, the
a wine-red compound with antioxidant properties.
solution becomes supersaturated. Gold then begins to
• Versatile surface chemistry of gold nanoparticles
precipitate in the form of sub-nanometre particles. If
allows them to be coated with small molecules,
the solution is mixed in a vigorous manner, the
polymers, and biological recognition molecules,
particles tend to be uniform in size.
thereby extending their range of application.
• A stabilizing agent is sometimes added to prevent the
• High light-scattering ability: Scattered colours of gold
particles from aggregating.
nanoparticles are currently used for biological imaging
applications.

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APPLICATIONS OF GOLD NANOPARTICLES (AUNPS)

Acts as an anti-biotic, anti-fungal, GNPs can interact with skin barrier,


and anti-microbial agent when enhancing delivery and improving
Drug delivery
added in plastics, coatings, skin permeability of high-
nanofibers and textiles. molecular-weight active agents.
Antibacterial activity of gold Their optical absorption can be
nanoparticles can be attributed to tuned to the near-infrared region,
generation of reactive oxygen which can reduce the risk of
species (ROS) that intensifies the healthy tissue damage from light
Antibacterial
oxidative stress of microbial cells. exposure because of low light
activity
Accumulation of gold NPs cause absorption of biological tissues at
Optical
perforation in bacterial cells and near-infrared wavelengths.
absorption
leads to toxicity by interacting with GNRs also have strong surface
DNA replication machinery. The plasmon absorption and a high
accumulated gold NPs can also get light-scattering ability that make
involved in the protein synthesis them useful in therapeutic,
machinery and inhibit bacterial diagnostic, and imaging
growth. applications.
When irradiated with laser, gold Drug carriers AuNPs can protect
nanoparticles can generate heat nucleic acids
due to excitation of electrons. It through
enables them to be used as preventing their
anticancer or antibacterial agents. degradation by
Anticancer or
They increase ROS and damage the nucleases. The
antibacterial Medical
cell membrane by their unique unique properties
agents Applications
properties, which include of AuNPs,
converting light to heat when conjugated to
irradiated and strong anionic oligonucleotides,
binding with fungal plasma can make them
membrane. potential gene
carriers, via

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covalent and non- cancer.


covalent bonding. Nanoparticles can
detect toxins and
Imaging Contrast agent like
pathogens.
AuNPs attenuate X-
ray to improve the
image quality to
highlight the
specific area. In various sensors, e.g.,
colorimetric sensor with gold
Therapeutics Under irradiation Food quality
nanoparticles can identify if
of external light control
foods are suitable for
sources, usually consumption.
visible or near-
infrared (NIR) light, Researchers have coated gold
gold nanoparticles particles with DNA and injected
can convert light them into plant embryos or plant
Plant
energy into heat cells. This will ensure that some
productivity
energy genetic material will enter cells and
(photothermal transform them. This method
conversion), result enhances plant plastids.
in destruction of Renewable For fuel cell applications.
tumour tissue, and energy Enhanced efficiency of solar cells
kill cancer cells.
Water purification by breaking
Diagnostics When light is Drinking water
down organic contaminants
incident on surface
of AuNPs, if the • To connect resistors,
incident photon conductors, and other elements
frequency matches of an electronic chip.
the overall Electronic
• Gold nanoparticles are quite
vibration industry
dense, thus allowing them to be
frequency of the
used as probes for transmission
electrons
electron microscopy.
transmitted by
AuNPs, the AuNPs Wide applications of gold
will strongly nanoparticles for fabrication of
absorb photon electrochemical sensors are due to
energy, and their excellent properties such as
generate localized tunable physiochemical properties,
surface plasmon outstanding electrical conductivity,
Electrochemical
resonance (LSPR) oxidation resistance, high stability,
sensors
phenomenon, simple preparation, narrow size
which is useful for distribution, excellent
diagnostics. biocompatibility, capacity for
Scientists have surface modification, large surface
been able to use area, and excellent catalytic
gold nanoparticles activities.
to detect breast

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TOXICITY OF GOLD NANOPARTICLES states that the cytotoxicity of gold nanoparticles in dose
Even though, it is generally accepted that plain gold dependent.
nanoparticles are toxic both in vitro and in vivo in certain Biologically synthesized gold nanoparticles display lower
range of concentrations. With proper surface toxicity in cells than chemically synthesized gold
modifications, toxic effect can be reduced or even nanoparticles.
eliminated. Yet, apart from their cytotoxicity evaluation, their
Investigators have postulated contrasting remarks with applicability as antimicrobial therapeutics is still
one stating that gold nanoparticles are nontoxic, considerable.
regardless of their size/capping agents whereas other
MEDICAL APPLICATIONS & BIOLOGICAL ACTIVITIES

A. DRUG DELIVERY

• AuNPs can be used for the delivery of drug, gene, and • Gene therapy is the use of exogenous DNA or RNA to
protein. treat or prevent diseases. AuNPs can protect nucleic
acids through preventing their degradation by

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nucleases. The unique properties of AuNPs, conjugated • AuNPs can be used as protein carriers, for example
to oligonucleotides, can make them potential gene insulin. The efficiency of insulin delivery can be
carriers, via covalent and non-covalent bonding. enhanced by coating the AuNPs with a non-toxic
biopolymer, which can strongly adsorb insulin to its
surface.
B. THERAPEUTICS

• Photothermal therapy (PTT) uses materials with a selectively accumulate in the tumour tissue, triggering
high photothermal conversion efficiency, injected into a photochemical reaction to destroy the tumour.
body, which gather near tumour tissues by targeting • The excited PS will transfer energy to the surrounding
recognition technology. O2 to generate reactive oxygen species (ROS) and
• Under irradiation of external light sources, usually increase ROS level in the target sites. ROS can react
visible or near-infrared (NIR) light, photothermal with adjacent biological macromolecules to produce
materials (such as metal nanoparticles) can convert significant cytotoxicity, cell damage, even death or
light energy into heat energy (photothermal apoptosis.
conversion), result in the destruction of tumour tissue, • As a PS, AuNPs can absorb NIR light, accumulate in the
and kill cancer cells. tumour area, raise temperature, and generate high
• AuNPs as a photothermal material, with maximum levels of ROS, which can ultimately damage tumour
absorption in visible or NIR region, have a high growth and promote cancer cell death.
photothermal conversion efficiency due to their • Radiation therapy involves delivery of high intensity
Surface Plasmon Resonance (SPR) effect. ionizing radiations (such as γ-rays and X-rays) to
• Photo-Dynamic Theory (PDT) involves visible light, tumour tissues, while simultaneously protecting
photosensitizer (PS), and molecular oxygen (O2) from surrounding healthy cells, tissues, and organs,
the tissues. PDT is completely dependent on the resulting in the death of tumour cells.
availability of O2 in tissues. • Most probable mechanism of radio sensitization from
• The process of PDT is that PS absorbed by the tissue, is AuNPs is that Auger electron production from surface
excited by laser light of a specific wavelength. of AuNPs can increase production of ROS, reduce total
Irradiating the tumour site can activate the PS that dose of radiation, and increase dose administrated

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locally to tumour sites, eventually resulting in cell • In recent years, AuNPs are attracting attention in
death. Moreover, side effects can also be reduced. imaging as an X-ray contrast agent because they can
C. DIAGNOSTICS strongly absorb ionizing radiation to enhance the
coefficient of X-ray absorption and convert the light
• AuNPs exhibit substantial and excellent optical
energy to heat energy through the SPR effect.
properties, mainly including localized surface plasmon
resonance (LSPR) and surface-enhanced Raman • AuNPs have some advantages compared to iodinated
scattering (SERS), which play an important role in their molecules such as ease of synthetic manipulation,
application to diagnostics. unique optical and electrical properties, non-toxicity,
higher electron density, higher atomic number of gold,
• When light is incident on the surface of AuNPs, if
and higher X-ray absorption coefficient.
incident photon frequency matches overall vibration
frequency of electrons transmitted by the AuNPs, • Key factors for potential application of AuNPs in
AuNPs will strongly absorb photon energy, and enhanced X-ray CT imaging are their migration and
generate LSPR phenomenon, which is useful for accumulation at target sites and longer vascular
diagnostics. retention time, and these allow non-invasive tracking
and visualizing of the therapeutic cells.
D. IMAGING
• X-ray computed tomography (CT) is one of the most
important and mature tissue imaging techniques
widely used in various research and clinical
RUSSIA OFFERS ADVANCED
environments with broad availability and low cost. NUCLEAR FUEL FOR
• Specifically, CT is a non-invasive clinical diagnostic tool
that can perform 3D visual reconstruction and tissue KUDANKULAM REACTOR
segmentation. The images of CT are composed of X-ray #Nuclear Technology #Physics
images, which are taken at different angles by rotating
around an object to form a cross-sectional 3D image
The Russian state-owned nuclear energy corporation
called a CT scan.
Rosatom has offered a more advanced fuel option to India’s
• According to the content of the images, the contrast Kudankulam Nuclear reactor.
agent can attenuate X-ray to improve the image quality
KEY HIGHLIGHTS
to highlight the specific area, such as the structure of
• Rosatom’s nuclear fuel division, TVEL Fuel Company, is
blood vessels or organs.
the current supplier of TVS-2M fuel for the two VVER
• Basis of CT imaging is the fact that healthy and diseased 1,000 MWe reactors generating power in the
tissues or cells have different densities, which can Kudankulam Nuclear Power Project. This fuel has an
generate in a contrast between normal and abnormal 18-month fuel cycle, meaning that the reactor must be
cells by using contrasting agents (such as iodinated stopped for fresh fuel loading every one-and-a-half
molecules). year.
• Iodinated molecules are usually used as a contrasting • TVEL has now offered the more modern Advanced
agent, due to their unique X-ray absorption coefficient. Technology Fuel (ATF) with enrichment of over 5%
However, their usage has its own limitations, such as would now enable the longer 24-month fuel cycles.
short imaging times, rapid renal clearance, reduced
BENEFITS
sensitivity and specificity, toxicity, and vascular
• ATF will allow its reactors to run for an extended two-
permeation. Therefore, it is very essential to explore
year cycle without stopping to load fresh fuel.
and develop novel materials as contrasting agents for
X-ray imaging. • It will ensure more efficiency, additional power
generation due to prolonged operation of the reactor

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and sizable savings of the foreign exchange need to o Uranium-235 (0.711%)


buy fresh fuel assemblies from Russia. o Uranium-234 (0.005%)
URANIUM ENRICHMENT • The production of energy in nuclear reactors is from
• Naturally occurring Uranium is composed of three the ‘fission’ or splitting of the U-235 atoms, as it is the
major isotopes: only nuclide existing in nature (in appreciable
o Uranium-238 (99.284% natural abundance) amount) that is fissile with thermal neutrons.

• Since, naturally occurring Uranium does not have a KEY FACTS


high enough concentration of U-235, Uranium • U-238 remaining after enrichment is known as
enrichment is necessary to create an effective nuclear depleted Uranium (DU) and is considerably less
fuel out of mined Uranium.
radioactive than even natural Uranium. Despite being
• In Enriched Uranium, the per cent composition of U- mildly radioactive, depleted Uranium is also an
235 has been increased through the process of effective radiation shielding material and
isotope separation.
extremely hazardous.
USES OF ENRICHED URANIUM
• International Atomic Energy Agency attempts to
• Enriched Uranium is a critical component for both monitor and control enriched Uranium supplies and
civil nuclear power generation and military nuclear
processes in its efforts to ensure nuclear power
weapons.
generation safety and curb nuclear weapons
proliferation.
ABOUT KUDANKULAM REACTOR
• Kudankulam Nuclear Power Plant is the largest
nuclear power station in India.
• Location: Tirunelveli, Tamil Nadu
• Current installed capacity: 2GW
• Type: VVER-1000 pressurised water reactor (PWR)
• Owned and operated by: Nuclear Power Corporation
of India
• Expansion: The power station is being further
expanded with two under construction units and two
planned units of 1,000MW each. It will comprise six
VVER-1000 pressurised water reactor (PWR) units of
Russian design for a combined capacity of 6GW.

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SARAS 3 TELESCOPE
• Aim: To detect extremely faint radio wave signals from
“Cosmic Dawn” when the first stars and galaxies
#Space Technology #Physics formed in the early Universe.
• The precision radio telescope is designed to detect
SARAS 3 Telescope has enabled scientists to look back in time faint cosmological signals, especially radiation emitted
just 200 million years after the Big Bang and provide new by hydrogen atoms at the 21-cm wavelength (1.4 GHz)
insight into the properties of galaxies at the time. arising from the depths of the cosmos.
RECENT FINDINGS
• Scientists have determined the properties of radio
luminous galaxies formed just 200 million years post
the Big Bang (a period known as the Cosmic Dawn).
• It improved the understanding of the astrophysics of
Cosmic Dawn by saying that:
o Less than 3% of the gaseous matter within early
galaxies was converted into stars.
o The earliest galaxies that were bright in radio
emission were also strong in X-rays, which heated
the cosmic gas in and around the early galaxies.
ABOUT SARAS TELESCOPE
RADIO TELESCOPE
• SARAS Telescope: Shaped Antenna measurement of
• Radio telescope is an astronomical instrument
the background Radio Spectrum.
consisting of a radio receiver and an antenna system
• Developed by: Raman Research Institute (RRI)
that is used to detect radio-frequency radiation
• Deployed over: Dandiganahalli Lake and Sharavati between wavelengths of about 10 metres and 1mm
backwaters, located in Northern Karnataka, since 2020. (30 MHz-300 GHz) emitted by extra-terrestrial
sources, such as stars, galaxies and quasars.

Cosmic Dawn: million years after the Big Bang or the beginning of the
• The period known as the "cosmic dawn", when stars universe.
formed for the first time, occurred between 250 to 350 • In the early universe the cosmos was completely dark.
Then, stars and galaxies began to form, emitting light

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and ionising the intergalactic hydrogen gas in a • The ignition of the first stars marks the end of the Dark
process called reionisation, or cosmic dawn. Ages and the universe began shining with a light other
than the afterglow of the Big Bang.

INDIA’S FIRST PRIVATE


• Agnibaan rocket will be powered by the company’s
Agnilet engines.

VEHICLE LAUNCHPAD o Agnilet claims to be the world’s first single-piece


3D-printed rocket engine.
#Space Technology #Physics o It is a “semi-cryogenic” engine that uses a mixture
of liquid kerosene and supercooled liquid oxygen to
propel itself.
Indian space tech start-up Agnikul Cosmos has launched
India’s first private launchpad and mission control centre at o The engine is very complex and it functions at very
the Satish Dhawan Space Centre (SDSC) in Sriharikota, high temperatures.
Andhra Pradesh.
AGNIKUL LAUNCHPAD FACILITY
• The facility has two parts—Agnikul launchpad and
NEW ARTIFICIAL
Agnikul mission control centre. PHOTOSYNTHETIC SYSTEM
• Agnikul Cosmos is planning to launch its Agnibaan
rocket from this launchpad. TO CAPTURE SOLAR
• Significance: The launchpad is designed to ENERGY
accommodate and support liquid stage-controlled
launches, while also addressing the need for ISRO’s #Nanotechnology #Physics
range operations team to monitor the key flight safety
parameters during the launches.
Scientists across the globe are trying to replicate the light-
AGNIBAAN
harvesting step of photosynthesis in engineered systems
• Agnibaan is a two-stage launch vehicle that can take
for use in solar cells or artificial leaves.
payloads of up to 100 kilograms to a low-earth orbit
around 700 kilometres from the surface of the Earth.

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Recently, the Researchers from IISER- SIGNIFICANCE


Thiruvananthapuram and IIT-Indore have developed a • This fundamental investigation into highly efficient
new artificial light-harvesting system that can efficiently energy transfer systems will provide the basis for
capture light for power conversion by mimicking designing new light-harvesting materials that can
photosynthesis, the process by which plants absorb enhance the efficiency of solar cells and reduce
sunlight and produce sugars. energy loss.
PHOTOSYNTHESIS MECHANISM IN PLANTS • By utilising renewable energy sources, these
• Photosynthesis is the process used by plants and technologies will assist nations in achieving net zero
autotropic organisms to convert light energy into carbon emissions.
chemical energy in the form of sugars.

ISRO LAUNCHES NINE


• The light-harvesting cores in plants and other
photosynthetic bacteria are chromophores – the
molecules that absorb visible light and pass it on to SATELLITES ABOARD PSLV-
other components that use the energy for various
chemical reactions. The top-most chromophores that
C54
are exposed to the sun absorb the energy. #Space Technology #Physics

Indian Space Research Organisation successfully launched


nine satellites aboard Polar Satellite Launch Vehicle-C54
(PSLV) from Satish Dhawan Space Centre, Andhra Pradesh.
KEY HIGHLIGHTS

• Out of the nine satellites, eight are nanosatellites which


include ISRO Nano Satellite-2 for Bhutan, Anand,
Astrocast (four satellites), and two Thybolt satellites.

• The primary satellite was the Earth Observation

RECENT TECHNOLOGICAL BREAKTHROUGH Satellite-6 (EOS-06) also dubbed the Oceansat-3.

• The scientists have utilised the clusters of silver with NANOSATELLITES


a nanometre dimension in the new artificial • Nanosatellites are loosely defined as any satellite
photosynthetic system. These silver atom-precise weighing less than 10 kilograms.
nanoclusters exhibit unusual and complex
• UNNATI (UNispace Nanosatellite Assembly &
photophysical characteristics.
Training by ISRO) - a capacity building programme of
• Due to the existence of opposing charges on the
ISRO on nanosatellite development in 2019. It provides
surface and the matching electronic energy
opportunities to the participants from developing
distribution, it offers 93% effective energy transfer. The
countries to strengthen their capabilities in assembling,
energy that is captured can create currents with
integrating and testing of nanosatellites.
much enhanced yields.

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How Big is a Nanosatellite?


Artificial satellites vary in size and cost depending on the use they are put to. They can be small enough to fit in the
palm of your hand or as huge as the ISS. According to NASA, "in terms of mass, a nanosat or nanosatellite is anything
that weighs between 1 and 10 kilograms".
Satellite types according to mass:
• Large satellites: More than 1,000 kg
• Medium-sized satellites: 500-1,000 kg
• Small satellites:
o Minisatellite: 100-500 kg
o Microsatellite: 10-100 kg
o Nanosatellite: 1-10 kg
o Picosatellite: Less than 1 kg
Standards are currently being developed in experimental format for picosatellites, such as PocketQubes, Sun Cubes
or TubeSats.

EARTH OBSERVATION SATELLITE • EOS-06 is envisaged to observe ocean colour data, sea
• An Earth observation satellite or Earth remote sensing surface temperature and wind vector data to use in
satellite are earth-orbiting spacecraft with sensors oceanography, climatic and meteorological
used to collect imagery and measurements of the applications. The satellite also supports value added
surface of the earth. products such as potential fishing zone using
chlorophyll, SST and wind speed, and land based
• Placement: Polar Orbit to get the entire view of the
geophysical parameters.
Earth.

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SMALL MODULAR
output is much more relevant for these areas and can
provide clean, reliable and affordable energy.

REACTORS • Backup or emergency power supply: Microreactors


could serve as a backup power supply in emergency
#Nuclear Power #Physics situations or replace power generators that are often
fuelled by diesel in rural areas or remote businesses.
Union Minister of State in charge of Department of Atomic • Enhanced safety: SMR have simpler designs and
Energy has said that India is taking steps for development of safety systems in SMR rely more on passive systems
Small Modular Reactors (SMR), with a capacity up to 300 MW. and inherent safety characteristics of reactors such as
The small modular reactors will help fulfil India's low power and operating pressure. This means that no
commitment to Clean Energy Transition. human intervention or external pressure or force is
ABOUT SMALL MODULAR REACTORS (SMRS) required to shut down systems, because passive
SMRs are advanced nuclear reactors that have a power systems rely on physical phenomena such as natural
capacity of up to 300 MW, which is about one-third of the circulation, convection, gravity or self-pressurisation.
generating capacity of traditional nuclear power reactors. This increased safety margin eliminates or significantly
SMRs can produce a large amount of low-carbon lowers the potential for unsafe releases of radioactivity
electricity and are: to the environment and the public in case of accident.
• Small in size: They physically occupy a fraction of the • Reduced fuel requirements: Nuclear power plants
size of a conventional nuclear power. based on SMRs may require less frequent refuelling (3-
• Modular: This makes it possible for systems and 7 years) as compared to conventional nuclear plants (1-
components to be factory-assembled and transported 2 years). Some SMRs are designed to operate for up to
as a unit to a location for installation. 30 years without refuelling.

• Reactors: They harness nuclear fission to generate STATUS OF SMRS


heat to produce energy. • Both public and private institutions across the globe
ADVANTAGES OF SMR are developing SMR technology.

• Less area: smaller footprint of SMRs allows them to be • More than 70 commercial SMR designs are being
sited on locations not suitable for larger nuclear power developed globally that target different applications,
plants. such as electricity, hybrid energy systems, heating,

• Less time to set up: Prefabricated units of SMRs can water desalinisation and steam for industrial

be manufactured and then shipped and installed on applications. E.g., Russia’s Akademik Lomonosov is the

site, making them more affordable to build than large world’s first floating nuclear power plant that has

power reactors. Large nuclear reactors are often begun commercial operation in May 2020.

custom designed for a particular location, sometimes • SMR Regulators’ Forum: IAEA has established SMR
leading to construction delays. Regulators’ Forum in 2015 to enable discussions

• Can meet incremental power needs: Lower cost and among Member States and other stakeholders to share

less deployment time allow SMRs to be deployed to SMR regulatory knowledge and formulate regulatory

incrementally match increasing energy demand. decisions.

• Can meet energy needs in off-grid or limited grid- WAY FORWARD

presence areas: In areas lacking sufficient lines of • Participation of private sector & start-up needs to be
transmission and grid capacity, SMRs can be installed explored in development and scaling up of SMR
into an existing grid or remotely off-grid, due to smaller technology.
electricity output of SMRs. Microreactors, which are • Safety of small, modular reactors needs to be
subset of SMRs generating about 10 MW of electric researched upon.

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• Regulations need to be amended allowing private and your precise position on Earth using radio
sector to enter nuclear power generation space. frequencies.

• Learning of best practices from global developments. • Major mobile chipset manufacturers like Qualcomm,
MediaTek and Broadcom already support NavIC.

NavIC NAVIGATION SYSTEMS


• Global Positioning System (GPS) – USA
#Space Technology • GLONASS – Russia
• Galileo – European Union (EU)
Indian plans to expand its regional satellite navigation system • IRNSS – India
NavIC (Navigation in Indian Constellation), to increase its use
• BeiDou – China
in the civilian sector and ships, aircraft travelling far from the
country's borders. India’s IRNSS has been renamed as
BeiDou Navigation Satellite System
Navigation with Indian Constellation (NavIC). India became
fourth country in the world to have its independent regional • China has recently completed its BeiDou Navigation
navigation satellite system recognised by International Satellite System (BDS) constellation, which can
Maritime Organisation (IMO) as a part of WWRNS. potentially rival the US Global Positioning System
(GPS).
ABOUT NAVIC
• BeiDou uses a network of 30 satellites and can
• NavIC or Indian Regional Navigation Satellite System
provide positional accuracies of under ten meters
(IRNSS) is designed with a constellation of 7 satellites
(GPS provides positioning accuracies of under 2.2
and a network of ground stations operating 24×7.
metres).
• IRNSS has a position accuracy of 20 metres in its
• Satellites in geosynchronous Orbit help BeiDou
primary coverage area.
provide short messaging service through which 120-
• It can service regions extending up to 1500 km around
character messages can be sent to other BeiDou
India's boundary.
receivers.

SIGNIFICANCE OF NAVIC
• Gives real time information for 2 services i.e., Standard
Positioning Service open for civilian use and Restricted
Service which may be encrypted for authorized users
like for military.
• Strategic autonomy: India became one of the 5
countries having their own navigation system. It is
important for India’s sovereignty and strategic
requirements.
• Strengthening of international relations: One of the
stated future uses of the project includes sharing of the
• Among the 7 satellites, 3 revolve in geostationary orbit
project with SAARC nations. This will help in integrating
and are constantly in direct line of sight with India’s
regional navigation system further and a developing
ground station. Whereas 4 satellites are in the
diplomatic goodwill in the region.
geosynchronous orbit inclined at 29 degrees to the
Equator. • S&T ecosystem: Technological advancement and
innovation diffusion. It is significant that Qualcomm
• Each one has three Rubidium Atomic clocks which are
Technologies has unveiled mobile chipsets supporting
essentially the device to calculate the distance, time,
NavIC.

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AREAS OF APPLICATION OF NAVIC NavIC satellites always maintain direct


• Thrust to semi-conductor Direct line of line of sight with India — unlike GPS —
industry. sight with which results in highly precise
Development India geolocation, faster latching and more
• More astronomy and space-based
of other penetration in dense areas.
research in terms of transponders,
technologies
planetary motion, satellite launch NavIC satellites are better because it
etc orbits Earth at a height of 36,000
kilometres above surface, compared
• E-commerce
to GPS satellites that are at 20,000
• Tourism: travellers and hikers can kilometres.
use more accurate data of NavIC.
Since NavIC satellites are much above
• Marine resource extraction: Earth’s surface, signals can’t be
fisherman for get information Higher
blocked by mountains. GPS satellites
about the valuable fisheries orbital
Economy are operating at medium orbit so
location. height
there are chances of signal blocking by
• In 2019, government made NavIC- mountains especially on the horizon.
based vehicle trackers mandatory Thus, NavIC has been designed to
for all commercial vehicles in India work across the length and breadth of
in accordance with Nirbhaya case India without any obstruction — be it
verdict. the remote Himalayan mountains or
terrestrial surface.
Environment Tracking endangered animals, better
& Ecology prevention of forest fires etc. NavIC’s accuracy is better than GPS.
The reason for its pinpoint accuracy is
• Early warning about cyclones,
the direct line of sight between the
tsunamis, heavy storms etc
Disaster satellite and India’s region — all the
• Monitoring & rescue operations
management time.
during disaster Better
In US GPS, 31 satellites are rotating
• Directing people to safe location accuracy
around the Earth at various degrees of
• Better monitoring of any terrorist inclination so you keep on latching
activity in border areas, (moving) from one satellite to another.
surveillance of strategic It takes significant time to acquire the
infrastructure etc. position of the object.

Security • Targeted missile launch It uses dual frequency bands, meaning


• Avoiding civilian causalities that there are dual receivers on Earth
• Vision clarity in bad weather which make up for any signal losses or
interferences encountered by single
• Fisherman for get information any
frequency bands.
disturbance in Sea.
Dual NavIC uses L5 frequency to locate
Mapping and data capture, urban frequency devices like smartphones and
Governance planning accurate measurement and band commercial vehicles. This service for
understanding of the region. general users has been named as
Standard Positioning Service(SPS).

SUPERIORITY OF NAVIC OVER GPS NavIC uses the S-band frequency for
military use which is encrypted and
not open for public use. It has been

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named Restricted Service. Talking • NASA’s Orion spacecraft is built to take humans farther
about GPS, it uses L1 and L5 than they’ve ever gone before. Orion will serve as the
frequencies for both general and exploration vehicle that will carry the crew to space,
military use. provide emergency abort capability, sustain the crew
during the space travel, and provide safe re-entry from
deep space.
ARTEMIS MISSION • Orion will launch on NASA’s new heavy-lift rocket,
Space Launch System. Orion spacecraft will have three
#SPACE dummy ‘passengers’ — mannequins made of material
that mimic human bones, skin, and soft tissue. These
would be equipped with a host of sensors to record the
After multiple delays, NASA has successfully launched its various impacts of deep space atmosphere on the
unmanned Moon mission Artemis I in November 2022. human body.
ABOUT ARTEMIS MISSION OF NASA • Space Launch System (SLS): It is the most powerful
NASA’s Artemis missions plan to enable human landing on rocket ever built, more powerful than Saturn V rockets
the Moon beginning 2024 and target sustainable lunar that had taken the Apollo missions to the Moon. The
exploration by 2028. giant, 98-metre-tall rocket, weighing 2,500 tonnes, can
help Orion spacecraft achieve speeds of over 36,000
• Send first woman to lunar surface by the year 2024.
km per hour, and take it directly to Moon, which is 1,000
• Land astronauts on Moon’s South Pole.
times farther than International Space Station that sees
• Artemis I involve an uncrewed flight to evaluate Space a regular traffic of astronauts.
Launch System (SLS) and Orion spacecraft. • Primary goal for Artemis I are to demonstrate Orion’s
• Artemis II will be the first crewed flight test and is systems in a spaceflight environment and ensure a safe
targeted for 2023. re-entry, descent, splashdown, and recovery prior to
• Artemis III will land astronauts on the Moon’s South the first flight with crew on Artemis II.
Pole in 2024.
ABOUT ARTEMIS I
• Artemis 1 is all about laying foundations for more
complex and ambitious human missions, possibly
beyond — to Mars and elsewhere.
• Artemis I will be the first in a series of increasingly
complex missions to build a long-term human
presence at the Moon for decades to come.
• It is carrying several payloads in the form of small
satellites called CubeSats, each of which is equipped
with instruments meant for specific investigations and SIGNIFICANCE OF ARTEMIS PROGRAM
experiments. The focus of these investigations is clearly
Scientists have discovered that Moon is not as dry as
to explore long-term stays of human beings in space
they had thought.
and on Moon.
a. Water, frozen at bottom of eternally dark craters at the
o One CubeSat will search for water in all its forms.
poles, is a valuable resource. It can provide drinking
o Map availability of hydrogen that can be utilised as a water for future astronauts visiting the Moon, and
source of energy. water can be broken down into hydrogen and oxygen.
o Biosentinels: Bio sentinel will carry yeast to deep b. The ices, if they were ancient accumulations over
space to study the effects of deep space radiation on several billion years, could even provide a scientific
living matter. history book of the solar system.

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c. Instruments on an Indian orbiter, Chandrayaan-1, also to treatment with only four classes of antifungal
found unmistakable signs of water, and scientists using medicines currently available, and few candidates in
state-of-the-art techniques found water locked up in the clinical pipeline.
the minerals of old Apollo 15 and Apollo 17 rocks. • Most fungal pathogens lack rapid and sensitive
New technological developments diagnostics and those that exist are not widely available
a. Large Area Soft X-Ray Spectrometer (CLASS) or affordable globally.
• The invasive forms of these fungal infections often
b. The oxygen could provide breathable air; oxygen and
affect severely ill patients and those with significant
hydrogen could be used as rocket propellant. Thus, the
underlying immune system related conditions.
Moon, or a refuelling station in orbit around the Moon,
could serve as a stop for spacecraft to refill their tanks • Populations at greatest risk of invasive fungal
before heading into the solar system. infections include those with cancer, HIV/AIDS, organ
transplants, chronic respiratory disease, and post-
c. These technologies now make it possible to start
primary tuberculosis infection.
extracting the resources found on the Moon, build from
the materials available there, harness hydrogen or Emerging evidence indicates that the incidence and
helium as energy source. Not all of that would happen geographic range of fungal diseases are both expanding
with the first mission itself, but these things are worldwide due to global warming and the increase of
distinctly possible now, making human landings on the international travel and trade. During the COVID-19
Moon much more meaningful than earlier. pandemic, the reported incidence of invasive fungal
infections increased significantly among hospitalized
Geo strategic factors
patients. As the fungi that cause common infections (such
China has successfully landed three robotic missions on as candida oral and vaginal thrush) become increasingly
the Moon. India and an Israeli non-profit also sent landers resistant to treatment, risks for the development of more
in 2019, although both crashed. A South Korean orbiter is invasive forms of infections in the general population are
on its way. also growing.
NEED FOR MORE EVIDENCE AND PRIORITY AREAS FOR

WHO RELEASES FIRST-EVER ACTION


• The authors of the report stress the need for more
LIST OF HEALTH- evidence to inform the response to this growing threat
and to better understand the burden – both of disease
THREATENING FUNGI and antifungal resistance.
• The report also highlights the urgent need for
#Health #Biotechnology coordinated action to address the impact of antifungal
use on resistance across the One Health spectrum and
calls for expanding equitable access to quality
WHO has recently published a report highlighting the first-
diagnostics and treatments.
ever list of fungal "priority pathogens" – a catalogue of the 19
The FPPL report underscores strategies for policymakers,
fungi that represent the greatest threat to public health.
public health professionals and other stakeholders. The
ABOUT FUNGAL PRIORITY PATHOGENS LIST
strategies proposed in the report are collectively aimed at
WHO fungal priority pathogens list (FPPL) is the first generating evidence and improving response to these
global effort to systematically prioritize fungal pathogens, fungal priority pathogens including preventing the
considering the unmet research and development (R&D) development of antifungal drug resistance. The primary
needs and perceived public health importance. recommended actions are focused on:
WHO FPPL aims to focus and drive further research and i. strengthening laboratory capacity and surveillance
policy interventions to strengthen the global response to
ii. sustaining investments in research, development, and
fungal infections and antifungal resistance.
innovation; and
• Fungal pathogens are a major threat to public health as
iii. enhancing public health interventions for prevention
they are becoming increasingly common and resistant
and control.

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Resistance to antifungal medicines is partly driven by fostering WHO’s collaborative effort with the
inappropriate antifungal use across the One Health Quadripartite organizations and other partners, to
spectrum. For example, injudicious use of antifungals in address the impact of antifungal use on resistance across
agriculture was linked to the rising rates of azole-resistant the One Health spectrum.
Aspergillus fumigatus infections. The report also calls for

practice questions
MCQs
Q.1) With reference to SARAS 3, consider the 1. It is a private sector initiative.
following statements: 2. It focuses on developing nanosatellites.
1. It is a radio telescope designed and built by Which of the statements given above is/are correct?
Bhabha Atomic Research Centre (BARC). (a) 1 only (b) 2 only
2. It is deployed on Sharavati River. (c) Both 1 and 2 (d) Neither 1 nor 2
3. It has provided clues to the nature of Universe’s
first stars and galaxies. Q.4) Consider the following statements about
Select the correct answer using the code given below: Chromophores:
(a) 1 only (b) 3 only 1. They are light harvesting cores.
(c) 1 and 3 only (d) 2 and 3 only 2. They are only present in plants.
Which of the statements given above is/are correct?
Q.2) Consider the following statements about Small (a) 1 only (b) 2 only
Modular Nuclear Reactors: (c) Both 1 and 2 (d) Neither 1 nor 2
1. Nuclear Reactors with capacity less than 300MW
are considered to be small modular nuclear Q.5) With reference to Artemis 1 mission, consider
reactors. the following statements:
2. It is possible factory assemble Small Modular 1. It is being led by NASA, European Space Agency
Nuclear Reactors which accelerate their (ESA) and ISRO.
deployment.
2. It is an Orbiter mission, but it has return-to-Earth
Which of the statements given above is/are correct? target.
(a) 1 only (b) 2 only 3. This mission will take humans to Jupiter by 2030.
(c) Both 1 and 2 (d) Neither 1 nor 2 Which of the statements given above is/are incorrect?
(a) 1 and 2 only (b) 2 only
Q.3) Consider the following statements about (c) 1 and 3 only (d) 2 and 3 only
Project UNNATI:

Descriptive Questions
Q1. What is nanotechnology? Highlight the contribution of nanotechnology for health sector.

Q2. How can Small Modular Nuclear Reactors contribute to energy security and green energy transition of India?

Answers: 1-d, 2-c, 3-b, 4-a, 5-b

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# GS Paper (Prelims) & GS Paper I (Main)

TIPU SULTAN
• Quarter Rupee – Baqiri

• One – eighth Rupee – Jafari


#modernhistory #personalities
• One – Sixteenth Rupee – Kazimi

• One – thirty – second Rupee – Khizr


ABOUT TIPU SULTAN
CALENDARS BY TIPU SULTAN
• Tipu Sultan was the last Muslim ruler of the Kingdom of
• Tipu Sultan introduced a new calendar sometime
Mysore, before the taking over by Wodeyar Dynasty.
between January and June 1784. This calendar, named
• He introduced several administrative innovations
by him the Mauludi Era had 354 days. It counted its first
during his rule, including a new coinage system and
year from the year of the birth of the Prophet
calendar, and a new land revenue system, which
Muhammad.
initiated the growth of the Mysore silk industry.
• The name of the calendar was derived from the Arabic
• He expanded the iron cased Mysorean rockets and
phrase ‘Maulud-i-Muhammad’, the birth of Muhammad
commissioned the military manual Fathul Mujahidin.
• Year starts with Ahmadi Month and ends with Bayazi
• He deployed the rockets against advances of British
forces and their allies during the Anglo-Mysore Wars, Month.
including the Battle of Pollilur and Siege of ANGLO-MYSORE CONFLICT
Srirangapatna.
• Between Hyder Ali and British East
COINS UNDER TIPU SULTAN India Company (assistance of
FIRST Anglo
Peculiar characteristic of the coins of Tipu Sultan is the Mysore War Nizam of Hyderabad)
names given to them. Tipu Sultan named every coin (1767 to 1769) • After War ended with the Treaty
issued by him, and no two names were the same. Gold
of Madras.
and Silver coins of Tipu Sultan were named after
Muhammadan saints and Caliphate kings whereas his • At the Battle of Porto
copper coins (except “double paisa”) bear the names of Second Anglo Novo, Hyder Ali was defeated by
the stars. Mysore War British Commander Sir Eyre Coote.
Gold Coins (1780 to 1784) • After the war Treaty of
• Four Pagoda – Ahmadi Mangalore was signed.

• Double Pagoda – Sadiqi • Ally of the British, the ruler of


• Pagoda – Farooqi Travancore, was attacked by Tipu
Third Anglo-
Silver Coins Sultan.
Mysore War
• Double Rupee – Haidari • After Tipu’s defeat, Treaty of
(1790 to 1792)
Seringapatam in 1792. Tipu was
• Rupee – Imami
defeated.
• Half Rupee – Abidi

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• Kingdom of Mysore was attacked • On 31 October 1913, Govindgiri adherents captured a


by Marathas and Nizam of couple of police personnel of the Sunth State who were
Hyderabad. sent up the hill for reconnaissance.

• The final battle, Siege of • On 1 November 1913, the adherents attempted an


Seringapatam, resulted in the unsuccessful attack on Parbatgadh fort in Sunth State
Fourth Anglo- and looted the village of Brahm in Banswara state.
complete defeat of Mysore
Mysore War
Kingdom. Tipu Sultan died in the • Apprehending danger, local rulers sought British
war. assistance, and Mangarh was besieged by a combined
• Mysore kingdom was restored to force consisting of Imperial Service Troops and British
the Wodeyar Dynasty by a way of Indian Army, including Mewar Bhil Corps and soldiers
the subsidiary alliance. from the states of Banswara, Dungarpur, Sunth and
Baria.
• On 17 November 1913, the force attacked Mangarh, an
MANGARH DHAM action in which "several Bhils died" and Govindgiri and
his lieutenant Dhirji Punja were captured
#tribalhistory #modernindia
SOCIAL VIEWS
• Govindgiri engaged himself in "improving the moral
Prime Minister called for preparing a road map to develop
character, habits, and religious practices" of Adivasis.
Mangarh Dham in Rajasthan’s Banswara district as a tribal
destination with a prominent identity at the global level. • He organized the Sampa Sabha with the intent of
serving the Adivasi people.
ABOUT MANGARH DHAM
• Govindgiri preached monotheism, observance of
• Location: Banswara district of Rajasthan on Rajasthan-
temperance, forsaking crimes, following agriculture,
Gujarat Border.
giving up beliefs in superstition, etc.
• Nearly 1,500 Bhil tribals and forest dwellers were killed
• He called upon Adivasis to adopt mores of upper castes
in a hill in Mangarh on November 17, 1913, when the
and "to behave like sahukars" (moneylenders).
British Indian Army opened fire on protesters who
were demanding abolition of bonded labour system • Drawing on ritual practices of Shaivite sect Dashanami
and relaxation in heavy agricultural taxes imposed by Panth, Govindgiri encouraged his followers to tend a
the rulers of princely states. dhuni (fire pit) and hoist a nishan (flag) outside their
houses.
• Important personality: Govind Guru (commemorate
tribal leader and social reformer) • Govindgiri critiqued upper-caste treatment of women
and argued that Adivasi practices were much better for
ABOUT GOVIND GURU (1858–1931)
women. He criticised Rajput custom of female
• Also known as Govind Giri.
infanticide and Rajput and Brahmin prohibition against
• He belonged to Banjara community of Dungarpur widow remarriage.
District of Rajasthan.
• He was a social and religious reformer in early 1900s in
Adivasi-dominated border areas of present-day GURU GOBIND SINGH
Rajasthan and Gujarat states in India. #medievalindia #sikhism #personalities
• He is seen as having popularized Bhagat movement,
which was first started in the 18th century. • Guru Gobind Singh was tenth and last Sikh Guru.
• He was exiled by the rulers of Dungarpur in 1913. • He was born in 1666 in Patna, Bihar and he was the son
ROLE IN MANGARH of the ninth Sikh Guru, Guru Teg Bahadur.

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• His literary contributions include texts like Dasam • In 1526, Kempe Gowda conquered
Granth and Sarlobh Granth, Jaap Sahib, Benti Chaupai, Sivaganga principality and later Domlur.
and Amrit Savaiye. • With imperial permission of Vijayanagar Emperor
• Dasam Granth is the next most important text in Achyutharaya (an inscription at Dasarahalli records the
Sikhism after Guru Granth Sahib. decree date as 1532), he built Bangalore Fort and the
• He is credited with formation of Khalsa Panth which town in 1537, and moved his capital from Yelahanka to
was a warrior community. The Guru also laid down the new Bengaluru Pete, the foundation of present-
many other rules for Khalsa warriors to follow like day Bangalore city.
abstaining from tobacco, alcohol, halal meat, etc.
Khalsa warrior was also duty-bound to protect
innocent people from persecution. Everyone was
KASHI TAMIL SANGAMAM
treated equally, and caste was abolished. #medievalindia #religion
• He started the tradition of 5K’s which were five articles
every Khalsa member must adorn. The 5k’s include
Prime Minister, Shri Narendra Modi inaugurated ‘Kashi Tamil
Kesha, Kanga, Kara, Kirpan, Kacchera.
Sangamam’ - a month-long program being organised in
• Khalsa tradition paved way to the formation of Sikh Varanasi.
empire under Maharaja Ranjit Singh in 1799. KASHI TAMIL HISTORICAL RELATIONS
• He took part in many battles, particularly against • 15th century Pandyan ruler King Parakrama Pandya
Mughal ruler Aurangzeb. took one Shiva Linga from Kashi (ancient name of
• Guru Gobind Singh wrote Zafar Nama which was a Varanasi) to erect a temple in Madurai. However, he
letter to Mughal Emperor Aurangzeb. Aurangzeb is installed the linga at a new place called Sivakasi.
believed to have agreed to a meeting with the Guru but • Those Tamilians who could not visit Kashi were given a
died before that. new Kashi Vishawanathar temple by the Pandyan
• He enshrined Sikh scripture Granth Sahib as the eternal rulers in Tenkasi.
Guru of Sikhism. Thus, after his death, there were no • Sant Kumara Gurupara from Thoothukudi had
more Gurus in human form. negotiated with the princely state of Kashi to get a place
for consecration of Kedarghat and Vishvesvaralingam

NADAPRABHU in Varanasi. He also composed Kashi Kalambagam, a


collection of grammar poem on Kashi.

KEMPEGOWDA • Kashi Kaam Koteshwar Panchayatan Mandir which is a


Tamilian temple on the banks of Harishchandra Ghat,
#medievalindia #personalities
and two-hundred-year-old Kumar swamy Matt and
Markande Ashram on KedarGhat.
Prime minister unveiled the 108-foot statue of Nadaprabhu ABOUT KASHI TAMIL SANGAMAM
Kempegowda in Bengaluru airport. • Celebrated under aegis of Ministry of Education (Ek
NADAPRABHU KEMPEGOWDA Bharat Shreshtha Bharat).
• He was 16th century chieftain of Vijayanagar Empire. • Common elements of both places includes Shaivite
• He is credited to have built around 1000 lakes followers, location of Jyotirlinga temples (Kashi
throughout the Bengaluru city. Vishwanath and Rameshwaram), birthplace and
He belonged to the dominant agriculture Vokkaliga workplace of India’s finest acharyas, Tamil Nadu-born
community (Morasu vokkaliga). Dr Sarvapalli Radhakrishnan was Vice Chancellor of
FOUNDATION OF BENGALURU CITY BHU, Vedic scholar Rajeshwar Shastri who lived in Kashi
even though he had his roots in Tamil Nadu, great poet

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and revolutionary, Subramania Bharathi who hailed the Banaras Hindu University, India's first modern
from Tamil Nadu but lived in Kashi for many years residential university.
CITY OF KASHI THROUGHOUT INDIAN HISTORY • Kashi Vidyapith was established in 1921, a response
• It is one of the world's oldest continually inhabited to Mahatma Gandhi's Non-cooperation movement.
cities (mentioned even in Mahabharata).
• Excavations belonging to 1800 BCE have been found in
BIRSA MUNDA & MUNDA
Varanasi.
• Kashi, its ancient name, was associated with a kingdom REBELLION
of the same name of 2,500 years ago (Kingdom of Kashi #modernindia #tribalrevolts
under Mahajanapadas).
#personalities
• Chinese traveller Xuan Zang, also known as Hiuen
Tsang, who visited the city around 635 CE.
The birth anniversary of iconic tribal leader Birsa Munda is
• Lion capital of Ashoka at nearby Sarnath has been
observed as Janjatiya Gaurav Divas by central government.
interpreted to be a commemoration of Buddha's
first sermon there in the fifth century BCE. BIRSA MUNDA

• In 8th century, Adi Sankara established the worship of Birth anniversary of Birsa Munda was observed on
Shiva as an official sect of Varanasi. November 15th. In recognition of his impact on the
• Tulsidas wrote his Awadhi language epic, national movement, the state of Jharkhand was created
Ramcharitmanas, a Bhakti movement reworking of on his birth anniversary in 2000.
Sanskrit Ramayana, in Varanasi. ABOUT BIRSA MUNDA
• Major figures of Bhakti movement were born in • He was a folk hero and a tribal freedom fighter from
Varanasi, including Kabir and Ravidas. the Munda tribe. He is also known as ‘Dharti Abba’ or
• Ramnagar Fort, located near Ganges on its eastern the Earth Father. He started anti-British movement in
bank and opposite Tulsi Ghat, was built in 18th century Bihar and Jharkhand during late 19th century.
by Kashi Naresh Raja Balwant Singh with cream-
• He stood firm against missionaries who were belittling
coloured chunar sandstone.
tribal life and culture. At the same time, Birsa worked
• Jantar Mantar observatory, constructed in 1737, is
to refine and reform religious practices, discouraged
adjacent to Manmandir and Dasaswamedh Ghats and
many superstitious rites.
near the palace of Jai Singh II of Jaipur.
• He brought in new tenets, prayers and worked to
• Under Treaty of Faizabad, East India Company acquired
restore tribal pride. Birsa impressed upon Adivasis the
Benares in 1775.
importance of “sirmare firun raja jai” or “victory to the
• It was the place where Benares gharana form
ancestral king”
of Hindustani classical music was developed.
• Birsa started a movement called ‘Ulgulan’, or ‘The
• Kashi Vishwanath temple, which is also known as
Great Tumult’. His struggle against the exploitation
Golden Temple, was built in 1780 by Queen Ahilyabai
Holkar of Indore. Two pinnacles of temple are covered and discrimination against tribals led to a big hit against

in gold and were donated in 1839 by Ranjit Singh, the the British government in the form of Chotanagpur
ruler of Punjab. Tenancy Act being passed in 1908. The act restricted
the passing on of land from the tribal people to non-
• India's oldest Sanskrit college, Benares Sanskrit
College, was founded during East India Company tribals.

rule in 1791. MUNDA REBELLION


• Annie Besant founded Central Hindu College in 1898. • It was led by Birsa Munda in south of Ranchi in 1899-
In 1916, she and Madan Mohan Malviya founded 1900.

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• British introduced a feudal zamindari system in the • Bose is credited with the famous slogan, “Give me
Chhota Nagpur region, destroying the tribal ‘Khuntkatti’ blood, and I shall give you freedom!” as well as “Jai
agrarian system. The Raj brought in the outsiders — Hind.”
moneylenders and contractors, as well as feudal • He is also credited to be the first man to call Mahatma
landlords — who aided British in their exploitation. The Gandhi “Father of the Nation,” in his address from
unrelenting missionary activity continued with the Singapore.

active support of Raj, insulting and interfering with • After leaving the service Subhash joined the non-
religious-cultural ethos of Adivasis. cooperation Movement but was not satisfied with the
principle of non-violence of Gandhiji and supported
• During the 1880s, Birsa closely witnessed Sardari Larai
Motilal and C.R. Das in the venture of organising the
movement in the region, which demanded restoration
Swarajist party.
of tribal rights through non-violent methods like
• In 1921, Bose worked under Chittaranjan Das, a
sending petitions to the Raj.
powerful politician in Bengal. He worked as the editor
• However, oppressive colonial regime paid no heed to for Das’s newspaper, Forward, and later started his
these demands. Zamindari system soon reduced own newspaper, Swaraj.
tribals from the status of landowners to that of • He joined the Indian National Congress in 1927 and
labourers. The feudal setup intensified the forced supported the idea of complete independence (Purna
labour (veth bigari) in the forested tribal areas. The Swaraj). With his support, Jawaharlal Nehru passed the
exploitation of tribals now reached a breaking point. resolution of Poorna Swaraj in 1929.

OUTCOME • During the mid-1930s Bose travelled in Europe. He


researched and wrote the first part of his book, The
• It forced colonial government to introduce laws so that
Indian Struggle, which covered the country’s
the land of the tribals could not be easily taken over by
independence movement in the years 1920–1934.
‘dikus’ (Chotanagpur Tenancy Act, 1908).
• After his return, Bose took over as the elected
• It showed that tribal people had capacity to protest President of Indian National Congress in 1938
injustice and express their anger against colonial rule. (Haripura) and stood for unqualified Swaraj (self-
governance) and the use of force against the British

SUBHASH CHANDRA BOSE which then combated against Mahatma Gandhi and his
views.
#Personalities #Modern History • Bose was re-elected in 1939 (Tripuri) but soon resigned
from the presidency and formed the All-India Forward
On January 23, the birth anniversary, a hologram of Subhash Bloc, a faction within the Congress which aimed at
Chandra Bose was unveiled by the Prime Minister near India consolidating the political left.
Gate. • He was elected as Congress President in 1938 when the
ABOUY SUBHASH CHANDRA BOSE annual session was convened at Haripur in Bengal. He
• Subhas Chandra Bose was born in Cuttack, Orissa established the National Planning Committee to ensure
Division, Bengal Province. equal distribution of wealth among diverse sections.
This committee marked the beginning of an era of
• Government has announced that January 23, birth
economic planning in India.
anniversary of Subhas Chandra Bose, would be
celebrated as “Parakram Divas”, day of courage, every • He resigned in 1939 due to differences with Mahatma
year. Gandhi and set up the All-India Forward Bloc. Through
this, he wanted to gather all the radical elements
• In 1942, he earned the title ‘Netaji’, in Germany by the
around him, which would aid him in the freedom
Indian soldiers of the Azad Hind Fauj.
struggle.

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• But he was arrested again by the government, and to • Celebrated between November to March.
protest; he undertook a fast unto death. Fearing this • Kambala is derived from 'kampa-kala', where the word
move, the British officials released him, and he was
'Kampa' is related slushy, muddy field.
placed under house arrest.
• Kambala racetrack is a slushy paddy field and pair of
• Subhash became the President of the Indian National
buffaloes are driven by a whip-lashing farmer.
Army as well as the President of Indian Independence
League. ABOUT BOTA KOLA

• In Germany, the Indian community hailed him as • It is a ritual dance performance prevalent among
‘Netaji’ and greeted him with the slogan of ‘Jai Hind.’ Hindus of Tulu Nadu.

• He had announced the establishment of the • It has influenced Yakshagana folk theatre. Būta kola is
provisional government of Azad Hind in occupied closely related to Theyyam of neighbouring Malayalam
Singapore. It was Known as Arzi Hukumat-e-Azad Hind, speaking populations.
it was supported by the Axis powers of Imperial Japan,
• Etymology: Būta Tulu for spirit and kola Tulu for play.
Nazi Germany, the Italian Social Republic, and their
• Recitals in Old Tulu (using dance, music and songs)
allies.
recount the origins of deity and tell the story of how it
• Books by Subhash Chandra Bose: (1) The Indian
came to the present location. These epics are known
Struggle (1920-1942) (2) An Indian Pilgrim - An
as pāḍdanas.
Unfinished Autobiography
• The spirits of deities are said to partially possess the
dancer for a while thus giving the dancer the energy to
KAMBALA & BOTA KOLA act as per the spirits will and channel the spirit or deity
as a medium.
#indianculture #artforms
#traditionalsports
KHUDIRAM BOSE
Recently, a Kannada Movie Kantara has depicted traditional #modernindia #revolutionary
buffalo sport of Karnataka i.e., Kambala and Traditional
dance form of Karnataka i.e., Bota Kola.
A new Telugu movie on Bengali revolutionary Khudiram Bose
has been released.

ABOUT KHUDIRAM BOSE

• Born in Midnapore in West Bengal.

• Public speeches of Aurobindo Ghose and Sister


Nivedita prompted him to join the freedom struggle
during the Swadeshi Movement.

• In 1905, during the Partition of Bengal, he became an


ABOUT KAMBALA active volunteer in freedom movement.
• Annual buffalo race held in the southwestern Indian • Khudiram was all of 15 when he first courted arrest for
state of Karnataka. Traditionally, it is sponsored by distributing pamphlets against British administration.
local Tuluva landlords and households.
• In 1908, Khudiram joined Anushilan Samiti and under
• Location: Coastal districts of Dakshin Kannada and
Aurobindo Ghose and his brother Barindra Ghose, he
Udupi of Karnataka and Kasaragod of Kerala, a region
got fully involved in anti-British activities. Its leaders
collectively known as Tulu Nadu.
then decided to appoint Khudiram Bose and Prafulla

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Kumar Chaki to carry out the mission of assassinating • His sermons, delivered in a mix of Sadukhri and Braj
Douglas H Kingsford through a bomb attack. languages, were widely understood from Sindh to

• However, it was discovered later that the carriage was Bengal.

carrying the wife and daughter of a barrister called • Guru Gobind Singh (his son) was born in Patna in 1666.
Pringle Kennedy, and Kingsford had escaped yet • Aurangzeb ordered public execution of Guru Tegh
another attempt on his life. Bahadur in November 1675 after the guru declined to
• Khudiram was sentenced to death (making him one of embrace Islam. In 1784, Gurdwara Sis Ganj was built on
the youngest revolutionaries in India to be hanged by the site on which he was executed.
the British) and Prafulla Kumar Chakki committed
suicide.
LACHIT BORPHUKAN
GURU TEGH BAHADUR (1622-72)
#medievalindia #bhaktimovement #medievalhistory #personalities

• Tegh Bahadur was born in Amritsar in April 1621 to Central government and Government of Assam is celebrating
Mata Nanki and Guru Hargobind, the sixth Sikh guru, 400th anniversary of Lachit Borphukan (Ahom commander).
who raised an army against Mughals and introduced
• Borphukan was one of the five patra
the concept of warrior saints.
mantris (councilors) in Ahom kingdom, a position that
• As a boy, Tegh Bahadur was called Tyag Mal because of was created by Ahom king Prataap Singha.
his ascetic nature. He spent his early childhood in
• Panch Mantris had executive and judicial powers, with
Amritsar under the tutelage of Bhai Gurdas, who taught
jurisdiction of Ahom kingdom west of Kaliabor river.
him Gurmukhi, Hindi, Sanskrit, and Indian religious
• Lachit Deka later became Borphukan or the ruler of
philosophy, while Baba Buddha trained him in
Lower Assam, according to fifth chronicles of Satsori
swordsmanship, archery and horse-riding.
Asom Buranji.
• He was only 13 when he distinguished himself in a
• Ahom king Pratab Singha appointed Lachit Baphukan
battle against a Mughal chieftain. His bravery and
as the Commander in Chief of Ahom army.
swordsmanship in the battle earned him the name of
Tegh Bahadur. • Lachit is well known for the Battle of Saraighat.

• After Guru Ram Das, the fourth Sikh guru, the guruship • November 24 is celebrated as Lachit Divas (Lachit Day)

became hereditary. in Assam to commemorate the heroism of Lachit


Borphukan.
• In 1665, on the invitation of Raja Bhim Chand of Kahlur
who his devotee was, he bought land at Makhowal BATTLE OF SARAIGHAT

village and renamed it Chak Nanki (now Anandpur • Battle of Saraighat was a naval battle fought in 1671
Sahib) after his mother. between Mughal Empire (led by Ram Singh I), and

• He started questioning the tradition of worshipping at Ahom Kingdom on Brahmaputra river at Saraighat,

the graves of pirs and faqirs. He preached against this now in Guwahati.

practice and urged his followers to be ‘nirbhau’ • Although weaker, Ahom Army defeated the Mughal
(fearless) and ‘nirvair’ (without envy). Army through clever diplomatic negotiations to delay,
guerrilla tactics, psychological warfare, military

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intelligence and by exploiting the sole weakness of the • The third edition of the three-day event, which
Mughal forces—its navy. Chhattisgarh government claims is one of its kind
anywhere in the world.
• While teams from all over the country competed in the
NATIONAL TRIBAL DANCE festival, the international contingent, comprising artists

FESTIVAL from Mozambique, Mongolia, Togo, Russia, Indonesia,


the Maldives, Serbia, New Zealand, Rwanda and Egypt,
#fairs&festivals were invited to add an international flavour.

• Ten countries shared their experiences in India as they


had converged in Raipur (Chhattisgarh) for the National
Tribal Dance Festival.

practice questions
MCQs
Q.1) With reference to the Mangarh tribal massacre (d) 1 and 3 only
and revolt, consider the following statement:
1. It was organised against the British policy of Q.3) Consider the following statements with
religious interference. reference to Guru Teg Bahadur:
2. Govindgiri was the leader of the revolt. 1. He was the first Sikh guru taking religious seat based
3. Saharia tribal people were killed during the on the hereditary rights.
massacre. 2. He raised an army against the Mughals and
Select the correct answer using the code below: introduced the concept of warrior saints.
(a) 1 only 3. He died in the Battle of Punjab fighting the Mughal
(b) 2 only ruler Aurangzeb.
(c) 2 and 3 only Which of the statements given above are correct?
(d) 1, 2 and 3 (a) 1 and 2 only
(b) 2 only
Q.2) With reference to Mysore ruler Tipu Sultan, (c) 1 and 3 only
consider the following statements: (d) None of the above
1. Haidari and Farooqi were copper coins issued by
him in the empire. Q.4) With reference to Lachit Borphukan, consider
2. Mysorean Rocket are the main warfare contribution the following statements:
of Tipu Sultan. 1. He was the commander of Ahom kingdom and
3. Subsidiary alliance was imposed in Mysore during defended the East India company in Assam.
his reign. 2. Battle of Saraighat was fought under his leadership.
Which of the statements given above is/are correct? Which of the statements given above is/are correct?
(a) 1 only (a) 1 only
(b) 2 only (b) 2 only
(c) 2 and 3 only (c) Both 1 and 2

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(d) Neither 1 nor 2 3. Chotanagpur Tenancy Act, 1908 was passed as the
outcome of the Ulgulan movement
Q.5) Which of the following statements are correct Select the correct answer using the code given below:
regarding Birsa Munda? (a) 1 and 2 only
1. He was known as Dharti Aaba. (b) 2 and 3 only
2. He campaigned against the British for destroying (c) 1 and 3 only
traditional Khuntkhatti system. (d) 1,2 and 3

Descriptive Questions
Q1. Give an estimate of contribution of Subhash Chandra Bose to the cause of Indian Freedom Struggle.

Q2. The kingdom of Mysore under Tipu Sultan contributed to the culture of India in various ways. Highlight the key

contributions of Tipu Sultan to India’s material culture.

Answers: 1-b, 2-b, 3-b, 4-b, 5-d

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Part TWO

Ethics, Integrity
& Aptitude
Coverage from varied sources

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Ethics, Integrity & Aptitude

MEDIA ETHICS
#Ethics #Integrity #Aptitude

The Union Cabinet has approved the guidelines for up- it can criticize any organ of government. This is how media
linking and downlinking of television channels in India, is termed as the watchdog of democracy.
under which all the stations holding permission — except
Mass media decides who will be known and to what
for the foreign channels and where it may not be feasible,
degree and according to which interpretation. Media is so
would have to broadcast content on issues of national
influential that it is not an exaggeration to say that
importance and social relevance for at least 30 minutes
journalists make daily decisions for people. There is
every day, especially in eight identified themes:
always a tension between public’s right to know truth and
1) Education and spread of literacy. an individual’s claim to privacy. To play its role in letter and
2) Agriculture and rural development. spirit, media must follow media ethics.

3) Health and family welfare.

4) Science and technology.

5) The welfare of women.

6) The welfare of the weaker sections of society.

7) The protection of the environment and of cultural


heritage.

8) National integration.

The introduction of these regulations raised many


questions:
Media ethics tries to prevent any monopoly over
1) Why are such regulations brought by the government? information diffusion; upholds pluralism instead of
2) Is it a form of restriction on the freedom of media? uniform gloss over media content that is typically brought
on by authoritarian regimes; maintains objectivity by
3) How effective can these rules be proved?
providing different sides of an issue, which empowers
4) How can the media ensure its independence? audiences to formulate their own judgments and
Democracy is based on four pillars, i.e., legislature, increases levels of truthfulness in reporting.
executive, judiciary and media. For a healthy democracy, In this way, media ethics is concerned with the question
it is necessary that all these four institutions perform their of what is right or wrong, good or bad, acceptable or
duty in letter and spirit, but if any of them fails in unacceptable, about how media collects and presents
performing their role, then democracy may fall sick. information and news. It is also about the normative and

Though all these institutions are independent in their prescriptive nature of guiding and controlling the practical
aspect of media with ethical principles.
domain, there is also a system of checks and balances.
Media has freedom of speech and expression under
article 19(1) of Indian constitution. By using this freedom,

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FOLLOWING CODES ARE FORMULATED TO REGULARIZE • Biased reporting/distortion of facts (nano chip in
THE MEDIA IN GENERAL currency notes),

1) Responsibility: In the field of journalism, the primary • Paid news (Especially during elections)
answerability is to the citizens, not to the sponsors, the • Media Trial (Rhea Chakraborty)
shareholders etc., because this is what makes it the
• Manipulation of TRPs (Republic Bharat Case 2021). etc.
medium of public interest Following this commitment
makes the news channel more credible and certainly LOSS OF MEDIA ETHICS HAS THE FOLLOWING

adds to its goodwill. IMPLICATIONS

2) Freedom/ Independence of the Press: It is the • Weakening of democracy: Media is known as the

unquestionable right to discuss whatever is not fourth pillar of democracy if it fails to question the

explicitly forbidden by law, including the wisdom of political masters, then democracy may turn into a

any restrictive statute. Freedom from all obligations banana republic like Brazil, Bangladesh etc.

except that of fidelity to the public interest is vital. • Violation of fundamental rights of citizens: when media
Independence is the cornerstone of trust in become biased and profit-oriented then, it supplies
Journalism. distorted information, which is a direct violation of the

3) Truthfulness: It is about presenting facts without bias, right to information.

partiality, or manipulation. • Curbing of voices: if the media turn into a sycophant

But when this watchdog is stuck in the claws of corporate of the government, opposition voices find very less or

and political leaders and starts forgetting its duty, then no space in the media, for example, congress in our

there is a requirement to remind it. As the government is times.

representative of the popular will, it is the government’s • Polarisation of the masses: biased reporting has led
primacy to ensure the well-being of the people. to riots in the country and abroad, like the Delhi riots in

The main argument behind introducing these rules is that 2021.

“airwaves/frequencies are public property and need to be • Sideling of real issues: issues like poverty, hunger,
used in the best interest of the society”. It seems to be a unemployment, inflation etc., are being side-lined in
very ethical move intended to ensure the maximum good recent times.
of the maximum number of people, based on the
• Invasion of privacy: it can be seen in many cases, like
teleological philosophy of JS mill.
the reporting of Sushant Singh Rajput’s suicide case.
REASONS FOR EROSION OF ETHICS IN JOURNALISM
Is it a form of restriction on the freedom of media?
WHICH CAN BE SEEN IN THE FOLLOWING INSTANCES
Though these rules are aimed at societal welfare at large,
• Fake News (Sushant Singh Rajput suicide case)
they can be misused by the government. There is a high
• engaging in sensationalism (JNU events) chance of gagging the press in the name of not following

• exaggerating trivial stories (Aryan khan case), the guideline. These rules can also become a source of
discrimination among the various channels and media
• creating misleading headlines
houses.
• breach of privacy, side-lining real issues (poverty,
It is also possible that government may act selectively
unemployment etc.),
while implementing these rules. It can be very harsh on
• Lack of transparency in working (hiring and firing of some and very lenient on others. On the other hand, these
employees like Abhisar Sharma and Prasun Vajpayee rules can motivate the channel it lures the government to
etc.),

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prevent themselves from harsh action this, in turn, will • Grievance Redressal:
lead to converting media into sycophants. o Grievance redressal mechanisms should be at all
How effective can these rules be proved? levels (i.e., district, state, and centre)

It is not the first instance of regulating the media; there o Providing in-house grievance redressal mechanisms
are already many instruments that exist to regulate in all forms of media
media: o Constituting a media helpline number to maintain
• Press Council of India (a statutory body): It aims to the standards of ethics in media.
preserve the freedom of the press and maintain and • Other measures
improve the standards of newspapers and news
o To increase the credibility of the content: no facts or
agencies in India.
figures should be published without the fullest
• News Broadcasting Standards Authority, set up by the possible verification.
News Broadcasters Association (NBA), is empowered to
o To earn the trust of the public: In the discharge of
warn, censure, and levy a fine of up to one lakh rupees
their duties, journalists shall attach full value to
upon the broadcaster.
fundamental human and social rights, shall hold
• Broadcasting Content Complaints Council, set up by good faith and fair play in news reports, Journalists
the Indian Broadcasting Foundation (IBF) to examine shall not exploit their status for non-journalistic
and redress complaints, and purposes or inquiries and shall not allow personal
• Consumer Complaints Council, set up by the interests to influence professional conduct.
Advertising Standards Council of India to consider • Indian media can learn from US media:
complaints in respect of advertisements.
o Making mandatory aspect of journalist’s job to
Despite having many external and internal regulatory routinely appended his personal email addresses to
mechanisms, Indian media is considered one of the their news stories and online publications and
weakest media in the world. The ranking of India in the respond to readers’ email inquiries.
world press freedom index is 150 out of 180 countries in
o The practice of designating semiautonomous media
2022.
ombudsmen or public advocates who receive,
FOLLOWING MEASURES CAN BE ADOPTED TO ENSURE investigate and report to the public on complaints
INDEPENDENCE AND RESPONSIBILITY OF MEDIA: and questions about their own news coverage.
• Reforms in the Press Council of India: o Strong self-regulation, like US media, which is
o As PCI has no power to enforce its own guidelines, evident from the fact that, in the last two centuries,
hence it should be empowered to enforce its Private US news organisations have sought to
guidelines by all types of media (Print, electronic and defend and extend protections of media
digital). independence by recourse to the courts, not to

• TRP Regulation: legislatures or the executive.

o Creating a more transparent system for measuring o Liberty to media like the US because nobody in the

TRPs, United States needs a government permit, a


journalism degree, or any other sort of credential to
o Changing the system of measurement by giving
publish a newspaper, write a news story, or post a
equal weightage to rural and semi-urban areas
blog update. There is an implicit constitutional
through increments in the sample size, and
prohibition against pre-emptive ‘prior restraint’
o Studying global practices adopted for TRP. censorship of news reports.

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• To prevent any kind of communal hatred: • Learning from the International Code of Ethics

o Generalized charges and allegations against any (1991)

community of unfair discrimination amounting to o The fundamental objective of a journalist is a fair,


inciting communal hatred and distrust must he accurate and unbiased story.
eschewed. o Privacy of an individual should always be
o A deliberate slanting of news of communal incidents safeguarded except in some exceptional cases.
should be avoided. o Acts of violence should not be glorified.
o News of incidents involving loss of life, lawlessness, CONCLUSION
arson etc…should be described.
Thus, it can be concluded that the role of media is very
o Reported and headlined with restraint and should
crucial in the well-functioning of democracy. Hence it
not be prominently displayed. should follow the media ethics on its own if it fails to do
o Provocative and sensational headlines should be so, then the government will have no option but to
avoided; judgements in the presentation of news intervene.
should be avoided.

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Ethics, Integrity & Aptitude

CASE STUDIES for Practice


MAINS GS PAPER IV

Case Study 1: Harish is the CEO of Medlife the products from Medlife. Failure to provide the
information will result in the company’s registration cum
Pharmaceutical company based in Sonipat, Haryana. It is
membership certificate (RCMC) getting suspended
a manufacturer licensed by the State Drug Controller for
without further notice.
the products Promethazine Oral Solution BP, Kofexnalin
Baby Cough Syrup, MaKoff Baby Cough Syrup and MaGrip Additionally, the exporter’s body under the Union
Cold Syrup under reference. It holds manufacturing Commerce Ministry had advised the firm to investigate
permission for these products for export only. the reasons for the serious adverse events and update
with findings “at the earliest to take necessary further
The WHO has said the manufacturer had not provided
action.”
guarantees to the global health body on the safety and
quality of the products. “Laboratory analysis of samples of a) Discuss the ethical issues involved in the case.
each of the four products confirms that they contain b) What are the options available with Harish?
unacceptable amounts of diethylene glycol and ethylene c) Critically examine each of these options.
glycol as contaminants”.
d) What option should harish adopt and why?
Pharma exporters body Pharmexcil may suspend the
SOLUTION
membership of Medlife Pharmaceuticals as the
drugmaker facing a probe after the World Health The given case highlights various issues of medical ethics
Organization (WHO) red-flagged four products following like lack of responsibility, priority to profit over human life,
the death of 66 children in the West African country The etc.
Gambia. A) Ethical issues involved
If Pharmexcil does not receive any input/report on the 1) Lack of professionalism: A life-saving product has
time about the company's adverse events, its become the reason for the death of people.
membership can be suspended, Pharmaceuticals Export 2) Lack of transparency: A wrong product could get
Promotion Council of India Director General Bhaskar said. approval only with the help of hiding some facts.
Suspension of membership means the company will not 3) Wrong means for the right end: Profit making is the
be entitled to incentives made available by the right end, but it is unethical to use the wrong process
government under its Market Access initiative. Under the of the drug making.
scheme, incentives up to ₹2 crores are extended to a
4) Deviation from the end and means both.
company registering their product with a drug/health
B) Options available
regulator abroad. Another benefit the membership
provides is a ₹25 lakh one-time grant to the MSMEs for 1) Filing true report on time
implementing the pharmaceutical drug track and trace 2) Seeking more time to file the report
system, he said. 3) Not filing report at all
Going forward, Pharmexcil may also recommend to the C) Examination of the options
Directorate General of Foreign Trade to withdraw the
Option
company’s import-export code (IEC), thus making it Merit Demerit
number
ineligible to export, Mr. Bhaskar said.
1. It will show his The company’s
Pharmexcil sought details of licensees and importers to
professionalism future may be at risk
whom the drugs were supplied as well as the
manufacturing licence copies and product permissions of

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2. It will provide Pharmexcil may ritual around the festival involves devotees observing a
enough time to refuse fast and worshipping Chhathi Maiya to express gratitude
prepare a detailed to the Sun God for sustaining life on Earth. Chhath is the
report only Vedic festival dedicated to Surya (the Sun God).
This ancient Hindu Vedic festival is mainly celebrated in
3. It may prevent his The whole
Bihar, Jharkhand and eastern Uttar Pradesh in India and
troubles company may be
Nepal. On the third day of Chhath Puja 2022, the Delhi
punished
administration officials decorated the ITO Ghat near the
D) Harish should opt for option number one, i.e., filing Yamuna River for devotes to offer prayers on Arghya to
true on time; though there is a risk of huge losses for the setting sun and Usha Arghya to the rising sun. But as
the company but it will show the value of per the National Green Tribunal (NGT) laws, no offerings
professionalism at his end. Moreover, it will help in can be immersed in the river Yamuna during the
identifying the exact reasons behind such malpractice festivities. Delhi Minister and Delhi Jal Board Vice
in the field of medicine. Chairman visited Chhath Ghats around the city to take
The government can also improve the administrative stock of preparations regarding sanitation, lighting, water
lacunae from mistakes of this case while approving supply and installation of CCTVs, among others.
medicines at various levels. Because this company made At the same time, when the DJB officials were spraying
the medicines only for export, with the help of a detailed chemicals in the river, an MP, Mr X, visited the site to
report, such incidents can be prevented, which in turn will appease the people of majoritarian religion for political
help in enhancing the export and soft power of the mobilisation as elections for MCD are to be held in recent
country. future.
Conclusion: Mr X was seen getting into a heated argument with a Delhi
Thus, based on the above discussion, we can say that Jal Board official, Mr Y, director of quality control and
there is an urgent need for prompt governance, especially called him "Besharam" (shameless) and "ghatiya aadmi"
in the field of export-oriented medicines, to prevent (cheap person) after the latter, the leader claimed, did not
human life and reputation of the country. stop spraying chemicals in the Yamuna-river ahead of
Chhath Puja.
The video of this incident is being shared rapidly on social
Case Study 2: Ahead of Chhath Puja, which is usually
media. In the video, Mr. X was arguing with the director,
celebrated on the riverbanks in northern India, the DJB talking in Abusive language and saying a lousy man. Mr X
officials were spraying chemicals in the river near Kalindi is heard saying to the official “Aath saal me yaad aya ki ye
Kunj to remove the toxic foam owing to a high level of approved hai. Yahan logon ko maar rahe ho tum, aath saal
pollutants mein tum isko saaf nahin kar paaye. Isme dubki lagao.
in the water. (After eight years, you have remembered now that it is
This year's auspicious occasion began on October 28 with approved. You are killing people here. In eight years, you
the traditional Nahay Khay ceremony, which was held on could not clean it. Take a dip in the river now),".
the first day of the four-day festival. Nahay Khay signifies In the same video, the official is also heard explaining that
the beginning of the four-day Chhath festival. Six days the chemical is US FDA-approved and cleared by National
after Diwali, the auspicious festival begins. Mission for Clean Ganga (NMCG) for use. The director told
Taking a ritualistic bath in holy water is considered an him that this chemical is eco-friendly and has no adverse
essential part of the rituals centred around Chhath puja. effects on the skin. He further said that feel free to take a
During this festive season, devotees residing in Delhi, dip, celebrating Chhath; this water will not harm you.
Noida and Ghaziabad head towards the Yamuna River to In fact, on Chhath Puja, the party Mr. X attacked the Delhi
take a dip in its waters and seek blessings from the Sun government over the foam in the Yamuna River. Mr. X
God for a healthy, happy, and prosperous life. The core accused the Delhi government of pouring chemicals into

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Ethics, Integrity & Aptitude

the water of Yamuna and, during an argument with the • Lack of fear of the law: Law does not work against the
director, said, should I run this water on you? Will you take powerful in general.
a bath in this water? B) Role of foundational values
The director further said that lying is being spread by the • Honesty: With this value’s help, Mr Y can convince both
party of Mr. X about the presence of poison in the public and the angry parliamentarian, Mr X.
Yamuna.
• Objectivity: with the help of this value, he can make
Director also said that earlier, a lie was served about them understand his efforts.
poison inside the Yamuna. We have been doing the test
• Integrity: With this value's help, he can fulfil his duty in
since last week; it is not harmful. Not toxic. They are used
total capacity.
in food grade. This is my message to the people of
• Leadership: With this value’s help, he set an example
Purvanchalis. Mr X challenged Jal Board official Sanjay
for others.
Sharma to bat in Yamuna water.
C) Ethical issues involved:
At the same time, the director filled the water of the
Yamuna River in a drum and then took a bath with the • Lack of virtue: It is a matter of concern that our
same water. After this, the DJB director said that the water lawmakers are behaving in unethical ways.
of Yamuna is clean and not toxic. He said, "The chemical • Wrong means for the right end: Though Mr X wanted to
being sprayed is not harmful at all. This is a non-toxic, raise the question of the poor quality of river water, the
food-grade chemical used in food items and cosmetics. I way he adopted it was unacceptable.
welcome the Purvanchali devotees to take a dip in the • Lack of environmental ethics: widespread pollution of
river without fear," Mr Y said. Yamuna-river shows the lack of environmental ethics.
A. In your opinion, what may be the factors behind such D) Options available with Mr X
instances of unbecoming behaviour of
• Requesting Mr Y to provide relevant information about
parliamentarians?
chemicals used.
B. Explain the role of foundational values in dealing with
• Asking humbly for a demonstration of baths in the
such a complicated situation on the part of Mr Y.
river.
C. What are the ethical issues involved in this case?
• Spreading awareness among the masses about
D. What were the options available with Mr X? preventive caution that should be kept in mind while
E. What could be the best option for Mr X and why? taking bath in the river.
SOLUTION • Go back silently after visiting the site.
This case talks about the unbecoming behaviour of a E) Best option
parliamentarian on the one hand and dedication to the Option three could be the best way to deal with the
duty of a civil servant on the other hand. situation. By opting for this option, he might have
A) Factors behind unbecoming behaviour shown constructive cooperation between elected
• Lack of virtues: In end-oriented politics, virtues are representatives and executive functionaries on the
disappearing. one hand and fulfilment of his duty to serve the people
on the other. This is how he could implement
• Hegemonic attitude: General tendency of people to
deontology and teleology in one go.
leave their influence by hook or crook.
Conclusion:
• My bap culture among elected representatives: elected
representatives considered themselves rulers instead Thus, people can be served with collaboration between
of public servants. elected representatives and executive functionaries.

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Part Three

Essays
of

the month
Selected essays from Rau’s GSI students

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Essays OF THE MONTH

FULFILMENT OF NEW WOMEN IS A MYTH


#Women Issues
SUBMITTED BY: HENNA N AHAMMED

Disclaimer: The viewpoints in the topic are strictly to be done away given all the expenses on her education,
personal of the writer above. The role of Rau’s IAS Study marriage, dowry and the concern on her safety. The
Circle is to present the write-up in its original form, feudal society of our rural areas still denies property
hence the study circle neither endorses nor rejects any rights to women despite the Hindu Succession Act and
viewpoint in the submission. The purpose is only to other legislations Women in our country are denied the
showcase the manner of writing. right to choose their life partners and every year so many
of them become victims of “honour killings”. Muslim
Therefore, it is the sole responsibility of the reader to
women are still waging the battle to do away with the
use his/her intellect to check the veracity of viewpoints.
talaq-e-biddat that deprives them of their marital rights
In seven decades of its independence and
and the economic cover in just three words.
enactment of the constitution, India has
Literacy among women is far below the national average
made huge strides in the political, economic
and that of men at approximately 65%. This shows how
and socio-cultural spheres. From an
many of our women are empowered enough to at least
underdeveloped country that couldn’t even be self-
read and write and do basic numeracy. Economically,
sufficient in its food grain productions, we are today the
women are burdened with the care responsibilities and
fifth largest economy in the world. India today, looks at
workplace responsibilities especially in rural India given
becoming a global leader.
the feminisation of poverty and agriculture. More than
Despite these advancements made by our country, we
50% of our women are anaemic and a significant portion
fare poor on the Gender Gap Index published by World
of them under nourished due to gender disparity in
Economic Forum (ranked 104/44 countries). According to
access too food. Streets and public spaces continue to be
World Bank estimates women legislators in the
unsafe for our women with our national capital being
Parliament occupy only 12% of the seats in 2018. On the
infamous for it.
economic indicators and participation India is ranked
Thus, discrimination against women continues in social,
below our poorer neighbours. According to a recent study
economic, political, cultural and legal spheres despite all
by Indian Council of Research on International Economic
the efforts made. The reasons for the same can be
Relations, although participation of women in higher
enumerated under the following heads –
education has improved, it has not translated into higher
labour force participation of women. These issues prompt Historical: Historically, women have been given a
one to ask how much of our development and economic subordinate position in our society with various socio-
growth is engendered and inclusive of the women folk cultural practices being prevalent even today that affects
who constitute this country? the way we have raised our children without gender
sensitisation and upholding the gender stereotypes.
Notwithstanding all the efforts made by the government
through acts, legislations and programs for women Socio-cultural: Ranging from the most heinous practices
empowerment, women in our country face discrimination such as sati to the supposedly mild ones such as purdah
even before they are born and till their death. A girl child system or regulating what our women wear to putting the
continues to be seen as a “burden” on the family that has onus of family honour on a girl, our society has ensured

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Essays OF THE MONTH

to “keep women in their right place” by denying them the legally banning Sati (1829), Child Marriage (1856),
basic human rights. Promoting Education of Women (e.g., Hunter
Commission) ameliorated women’s position in society.
Legal/Political: Despite being granted the right to vote
over seven decades ago, the representatives of women in Post independent India made the greatest stride towards
our legislatures are few, if not absent to voice the empowerment of women by enacting our Constitution
concerns and aspirations of women in our law-making that guaranteed equal rights to women in the legal,
bodies. As a result, most of our policies continue to be political, economic and cultural spheres, upholding the
gender insensitive. ideals of justice and equality, the Constitution made
provisions for positive discrimination for women for their
E.g., It took us over 70 years to do away with Section 497
upliftment. Various measures were taken for the same in
of IPC that criminalises adultery by looking at women as
the political, economic and social spheres including but
objects possessed by men.
not limited to 33% reservation in local self-governments,
Economic: Although workforce participation of women maternity benefits for women at workplace, equal pay for
has improved, it continues to be low as well as equal work, Dowry Prohibition Act, preventing Sexual
insignificant in most formal employment to give economic Harassment at workplace, Hindu Succession Act, 2005,
freedom to women. Financial independence of women criminalising talaq-e-biddat (through ordinance) etc.
still is a dream and hence leads to many of the Efforts are being made for promoting education of
disadvantages women face. The feudal society still denies women (Beti Bachao Beti Padhao), improving their literacy
women property rights. (Sakshar Bharat), providing them party in health

Geographical: The socio-cultural practices that demean outcomes (Janani Suraksha Yojana, National Nutrition

and discriminate women operate spatially and are more Mission) etc. are being taken with a lifecycle approach.

prevalent in North India than in Southern India. Tribal Despite having so many schemes, the progress has been
women enjoy greater freedom and autonomy compared slow because of the old mindsets of people that have not
to others. changed. All efforts at policy and implementation are

Psychological: A major reason for the discrimination bound to fail until and unless efforts are made through

against woman persisting in our society despite all our various Information, Education and Communication

efforts lies in the mindset of our people who still believe methods to influence the psyche of people. There needs

in the gender stereotypes and look at women as burden. to be sustained, comprehensive and rational information

A huge part of the problem lies in the way we up bring our flow to people so that they are forced to change their way

children at home and in schools, continuing the cycle of of thinking and become gender sensitive.

discrimination we were born into. The effort must start from our schools and colleges by

Since independence, and even before that we have made bringing in gender sensitive curriculum, teaching our

efforts for the empowerment of women: Starting with the children to break the shackles of the gender stereotypes

Bhakti/Sufi Movements that accorded equal dignity to rather than uphold it. More co-educational institutions

women and the socio-cultural reforms initiated by need to be promoted so that there is greater interaction

visionaries such as Raja Rammohan Roy, Ishwar Chandra between different sexes and greater respect and

Vidyasagar, Savitribai Phule, Jyotiba Phule etc., our understanding cultivated. Sports is a great way to ensure

freedom movement also saw some meaningful work, that our girls become self-confident, self-reliant, strong,

from leaders such as Sarojini Naidu, Kasturba Gandhi, etc. independent and are thus able to compete with men with

who emphasised on women’s education and participation confidence.

in economic sphere. The colonial government’s effort at

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Rural India needs a major transformation in terms of time ensuring that women’s issues are properly reflected
crack down on the extra constitutional Khap panchayats in our movies.
that are often detrimental to women’s rights. The Gram
Community radio run by women and focussing on
Sabha must be empowered to become the voice of the
women’s issues is yet another tool of changing mindsets
people especially women by ensuring their greater
while at the same time informing women of their rights.
participation. These Gram Sabhas can be an effective tool
of IEC to change societal mindsets. The panchayats and Women empowerment is a long and sustained process

urban local bodies and the women representatives in and does not stop with merely women entering the

them must be used efficiently to ensure grass root level workplaces or political spheres. It has to go beyond that

implementation of all schemes and programs of to ensure women enjoy autonomy, freedom and basic

government for women empowerment. rights they are entitled to as human beings. The fulfilment
of the ‘new empowered women’ will become successful
The Self-Help Groups Movement must be sufficiently
only when we teach our children to break free from the
encouraged as it can be an effective tool for economic
shackles of gender stereotypes and discrimination and
empowerment of women. Additionally, they can be used
respect every human for their values, achievements and
as IEC tools for promoting social empowerment of women
personality irrespective of gender. As remarked by Kofi
through information on healthy practices, by acting as
Annan, former U N Secretary General, there is no tool for
means to improve literacy among women etc.
development more effective than the empowerment of
Cinema and social media play a very significant role in women. Thus, the future of our country and society lies in
transforming societal mindsets. The Censor Board needs ensuring that the idea of ‘new empowered woman’
to play a proactive role in ensuring the kind of portrayal of becomes a reality in the social, cultural, political, economic
women that is made through our movies. Objectification and legal spheres.
of women through numerous derogatory songs and
dance needs to be explicitly banned while at the same

WHITHER INDIAN DEMOCRACY


#Polity
SUBMITTED BY: SUMIT NARANG

Disclaimer: The viewpoints in the topic are strictly personal been rapid over recent decades, this has
of the writer above. The role of Rau’s IAS Study Circle is to not translated into greater welfare for the
present the write-up in its original form, hence the study majority of the Indian population. Despite
circle neither endorses nor rejects any viewpoint in the being severely critical of its politicians, the
submission. The purpose is only to showcase the manner of
electorate however remains enthusiastic in its political
writing.
participation, especially at elections.
Therefore, it is the sole responsibility of the reader to use
his/her intellect to check the veracity of viewpoints. In 1947, when India gained her independence from
colonial rule, the choice of parliamentary democracy and
India has been a democracy for over seven decades. In
a universal franchise for such a poor, vast and largely
this time, it has achieved some remarkable successes but
illiterate nation was considered as a right way forward.
also failed in significant ways. While economic growth has
Nevertheless the first general election was held with great

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rigour, enthusiasm and success in 1952. In the meantime, challenge the freedoms and liberties afforded by
a Constitution reflecting the political and ideological goals democracy.
of the new nation had been adopted. Enshrined within it
At the heart of India’s democratic system have been the
were the principles of the separation of powers, a
regular elections that now see the participation of over a
universal Indian citizen with constitutional rights, equality
hundred political parties and the largest electorate in the
before the law, the separation of civil and military powers,
world. Even more surprisingly, the most enthusiastic
and the necessity for political competition. The press
voters in Indian elections are not the well-educated urban
remains as free as any in the world and contributes to a
middle classes but those who are the poorest, most
lively and highly contested public sphere. So according to
discriminated against, and least educated, mainly living in
the democratic checklist of institutional arrangements,
villages and small towns. Turnout rates at elections in
India’s democratic system is in a reasonable shape.
these areas can be well over 80 percent.
But what of India’s record on democratic ideas more
Further, more local the election, the higher the turnout
broadly: the participation of citizens, rule of law, and
and this again bucks global trends. Contrary to what many
the responsibility of the state in ensuring basic
predicted in 1947, poverty and illiteracy have not
freedoms, material security and education? It is
hampered the functioning of Indian democracy.
evident that India’s heterodox policy of a mixed economy
of planned economic development and liberalization has Why do large parts of the country’s electorate cast their

put it at the high table of emergent powers in the world, votes enthusiastically (and support a democratic mode of

but the positive effects of this are yet to reach the majority government over any other), despite the sustained failure

of Indians, in particular the poorest citizens. Many of of the Indian state to improve the living standards of its

those in power have severely abused their position, poorest citizens? Is it because the poor are ignorant and

transgressing trust and probity, as scandals of corruption, don’t know what they are doing? Are they gullible and

bribes and kickbacks are revealed daily. This has been vulnerable to vote buying and empty campaign promises?

acutely felt, for instance, in the state’s policy on India’s Or to bullying and violence?

natural resources, which has consistently ignored the One important factor in the faith that people have in
rights of indigenous populations whose lands contain elections is the performance of the Election Commission
these resources in deference to corporate interests who of India (ECI). Set up in 1950 to manage and conduct
seek to exploit them commercially. This neglect, on the elections, unlike many of its counterparts in other
back of an abysmal human development record among democracies, the ECI is a genuinely autonomous and
the same populations, has led to violent insurgency constitutional body, which through its sixty-year old life
movements in some districts, whose ideologues disavow has evolved into a responsive and efficient public body.
the democratic state and its institutions. Only the Supreme Court of India shares this level of

The state in turn has not held back in its violent popular respect. The voting process, the successful

suppression of these movements. Elsewhere too, India’s adoption of electronic voting machines, the maintenance

civil society remains vigorous as ecological, feminist, of electoral registers, the security provided to voters and

religious and justice-based social movements continually political actors, and the standards of probity among the

challenge the status quo. The national body politic has two million election officials who conduct the elections

developed a vast repertoire of protest and persuasion, have all emerged as enviably efficient features in a

drawn on the techniques developed during the anti- country where much else goes wrong. So, the Indian

colonial struggles and those from the twenty-first century, electorate trusts the Election Commission of India and the

to bring pressure on governments to be responsive to elections it runs. But when questioned about the

popular demands. These movements at once utilize and

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Essays OF THE MONTH

politicians that those elections empower, the popular passed by the national parliament to accommodate the
responses were a lot more critical. changing realities of the political landscape. New states
have been created (29 in total) and other changes made
Indian politicians’ behaviour and public standing have
to improve the workings of democracy at the grass roots.
seen a long steady decline compared to the cohort of
educated, idealistic and conscientious politicians who Perhaps the most significant of these amendments was
brokered national independence and authored the the 73rd, which made statutory provision for Panchayat
constitution. Political parties are increasingly dominated Raj as a third level of elected administration in villages,
by kin and nepotistic networks and have blocked the rise below the national and state levels. As a result,
of new talent, and in too many cases the sins of greed and representative democracy could now operate at the local
avarice appear to have displaced any desire to serve the level and help empower new actors to take on the
public good. responsibility of governance.

In the last couple of decades the political landscape has Ordinary citizens on the other hand, who turnout in large
been shaken up by the emergence of lower caste parties numbers at elections, see the role that politicians play in
that have made their challenge to the long standing social Parliament and elsewhere as only one aspect of India’s
and political hegemony of the upper caste parties the democracy. While they are clear eyed about the venality
cornerstone of their political activity. While not yet fully of politicians, they point to the importance of their own
national parties, they now dominate important regions role in the success of the workings of the democratic
(each of which is the size of a European country). Often system. They emphasize that it is their individual vote that
commanding the loyalty of millions who place their faith adds to the final result and it is their choice of candidates
in leaders who are ‘one of them’, the leaders of these that determines the nature of government.
parties have successfully challenged the patrician and
‘The vote is our weapon’ is a statement that is often used
insulated worlds of traditional politicians.
to explain this sense of empowerment. A majority of the
These redefined political styles play out in the Indian electorate believes in the efficacy of multiparty democracy
Parliament, which has emerged as an arena for loud, and regularly held elections, because it is through these
gestural statements alongside debate and deliberation. In institutions that governments can be forced to respond to
recent years, it has become routine for Parliamentary popular pressures and punished for a bad performance.
proceedings to be frequently disrupted by members The examples of incumbent governments losing power
aiming to capture the attention of a hungry media that after one term (a frequent occurrence in India) or of
relishes the transgression of parliamentary norms. In governments being rewarded with re-election were proof
turn, the airtime gained by politicians has proved to be an of this. ‘Without us, the system is nothing’ was how voters
invaluable tool to reach out to their mass followings. put it to emphasize the role of the ordinary voter.

The role of the Member of Parliament has become less Indian democracy can thus be described as made up of
that of legislator and more that of extractor of State two spheres of politics - the ‘demonic’ (politicians and
resources for their constituencies, as a result of which high politics) and the ‘demotic’ (the electorate), with the
personal corruption has seen unprecedented levels. But electorate seeing its own politics as the purer in intention
Parliament also remains a place where the great and action. Demotic politics is based on hope of a better
questions of unity and diversity, freedom and equality future, the need for participatory citizenship and a sense
discussed at independence continue to be vigorously of duty, and a celebration of universal franchise. And it is
contested and updated by interest groups, determined for these reasons that Indians across the country
variously by political ideology, religion and caste. As a emphasize the importance of exercising this right
result, 103 amendments of the Constitution have been

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Essays OF THE MONTH

assiduously, if only to remind those in power of their elections in India have a carnival air as people delight in
ultimate dependence on their votes. this levelling effect of campaigns, as the ordinary voter
suddenly becomes the object of attention of the powerful.
Further, the right to vote is also seen as a foundational
right of each citizen that makes possible the demand for But the voter also feels some pressure to play her own
other basic rights – to food, education and security. Thus role in making the correct choice, which is always open to
Indian voters see their electoral participation as the influence of a caste group, kin or community. At the
fundamental to their other engagements with the state, most fundamental level, there is tremendous pressure to
and their presence on the voting list a rare official not waste a vote. One of the ways in which this pressure
acknowledgement of their existence. People thus is created is by a simple procedure carried out by the ECI.
frequently use the word ‘duty’ while describing the In any Indian election, each voter has their left index finger
importance of voting and engaging with the system. A marked by a short vertical line in indelible black ink just
typical formulation states: ‘it is my right to vote and it is before they approach the electronic voting machine.
my duty to exercise this right. If I don’t discharge this duty, While this procedure is carried out to ward off repeat
it is meaningless to have this right’. Further, there is a voting, it has also had the unintended consequence of
shared sense that it is important for each individual to making it impossible to lie about whether one had voted.
exercise this right, rather than defer the responsibility to It therefore generates tremendous peer pressure among
others. people to go and take the trouble to vote, for not to do so
causes the discomfort of constant questions and
But popular understandings of democracy also recognize
suspicions about one’s motivations for abstaining.
that while elections are a necessary element of
democracy, they are not a sufficient condition. To this end, The importance of not losing face in front of others,
the act of voting is seen to be the necessary first step in whether they are kin or party workers, is thus an
putting forward future demands and holding important motivation for voting and results in high
democratically elected governments to account. But turnout rates. A further motivation for voting is the actual
political participation in non-electoral spaces is visceral experience of doing so. The culture of a polling
considered equally important, if more difficult to station fosters an order, disciplined queues, respect for
achieve. This understanding lies at the heart of a popular the ordinary person of whatever social background,
notion of participatory citizenship in the Indian electorate. efficiency of process and trust in the system – all of which
can be a rare in Indian public life. In addition, at a polling
ELECTIONS
station, the only relevant identity of a person is his
Elections in India are a big festival and it is at this time that Electoral Photo Identity Card that records nothing apart
the two political domains of the demonic/demotic that from the most basic information. As people arrive to vote,
remain largely separate for the most part are forced to they have to queue in the order in which they arrive and
collide and confront each other. It is during election no preferences are made on the basis of wealth, status or
campaigns that the politicians have to account for their any other social marker. For those who are routinely
neglect of their constituencies and beg a second chance. discriminated against on the basis of caste, colour, class
During long and exhausting election campaigns in large and religion in everyday life, this extraordinary glimpse of
and diverse constituencies (the size of a parliamentary egalitarianism is valued. Further, people often pointed out
constituency in India is almost twenty times that of one in that the knowledge that each vote is of equal to any other
the UK) the laundered clothes of rich politicians are sullied heightens its importance even more. By turning up to
by dusty road journeys, their arrogant heads have to be vote, by queuing patiently at polling stations, by punishing
bent entering modest huts of the poor, and their hands arrogance and complacency in their choice of leader, they
have to be folded in a plea for votes. It is no wonder that thereby consider themselves as participating in the most

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Essays OF THE MONTH

basic act of democracy that enshrines political equality participation and justice that will need to overcome the
and popular sovereignty. demonic world of greed and power.

India’s record on democracy can thus be fairly India’s experiments of democracy have taught the world a
summarized as reasonably consistent. Her institutions number of lessons: the successful workings of coalition
have been mostly robust though they have also governments, the unpredictability of voter behaviour, the
increasingly come under threat by personal greed and the importance of an autonomous and responsive electoral
collusion of powerful actors who seek to undermine the commission, and above all the possibility of political
principles and robustness of these institutions. Yet, at the sophistication among the poorest people. It remains to be
same time, in the wider society, ideas about democratic seen whether India can redistribute the fruits of its
participation, the role of the electorate and the economic growth to the wider society and thereby serve
importance of a shared duty of citizenship are also as a unique model among the rising powers of combining
vigorously articulated. In the end, it will be the challenges economic democracy with a robust political one.
posed by this latter demotic politics of hope, mobilization,

WHEN FREE SPEECH IS TRULY FREE


# Democracy # Ethics
SUBMITTED BY: SUSHANT BHARGAV

Disclaimer: The viewpoints in the topic are strictly personal important expressions of freedom, free speech, could
of the writer above. The role of Rau’s IAS Study Circle is to mean. Freedom to hold forth?
present the write-up in its original form, hence the study
People often tend to think that among the main elements
circle neither endorses nor rejects any viewpoint in the
of democracy are the holding of elections and a free
submission. The purpose is only to showcase the manner of
media. Both elections and free media are important
writing.
because they stand, among other things, for the notions
Therefore, it is the sole responsibility of the reader to use
of free speech and free expression. Casting a vote
his/her intellect to check the veracity of viewpoints.
anonymously, of one’s own free will, is an example of free
Freedom is a theme which is going to come expression and is broader than just ‘free speech’.
up again and again for creating a vibrant Similarly, when the media has the freedom to air all kinds
democracy. It is a term, like truth, that has of views, it is seen to be an example of free speech. But is
globally become extremely important free speech really the essence of democracy? Is it really so
today. But it is not an easy concept to understand, important for an effective democracy?
especially in a public political discourse. First of all, there
Paradoxically, there is an inherent tension between free
are many kinds of freedom: freedom to speak, to write, to
speech and democracy. If free speech is understood
think, to imagine, to live our lives, to eat what we want,
merely as the freedom to say what one wants, then that is
and so on. Since this term is invoked so quickly and so
obviously not conducive to meaningful social behaviour.
easily — witness little children saying they want their
For example, one can spread falsehood about another in
freedom to have ice cream! — it is important that we
the name of free speech. One can insult, lie, create harm
understand its diverse meanings in our everyday use of
and hatred through free speech. In these cases, free
this term. Hence, let us understand what one of the most
speech should rightfully be called rumour and gossip.

FOCUS | DECEMBER 2022 | RAU’S IAS 125

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Essays OF THE MONTH

Rumour, gossip, fake news and deliberate lying can be ideal of fraternity, and viewed in this light, Article 19(2)
hidden under the guise of free speech. It is speech with an incorporates the vision of fraternity. Hence, the restriction
ulterior motive. To call these as free speech is a mistake. imposed by the statutory provision (section 499 Indian
Penal Code) satisfies the content of constitutional
The answer to the problem of defining what really
fraternity.
constitutes free speech lies in understanding the meaning
of ‘free’ in free speech. What is really free in free speech? The fraternal ideal finds resonance also in Part IVA of the
The freedom to say what one wants? We can’t really say Constitution. Article 51A of the Constitution, which deals
what we want all the time since all speech is constrained. with the fundamental duties of a citizen, makes it a duty
We are constrained by language, words, concepts and “to promote harmony and the spirit of common
grammar, and even by the physical contours of our brotherhood amongst all the people of India transcending
mouth. We are constrained by the biological and cognitive religious, linguistic and regional or sectional diversities; to
structures related to thought and its expression through renounce practices derogatory to the dignity of women”.
language. Socially, we are not fully free to say what we In fact, the Supreme Court has held that Part IVA could be
want. We cannot make certain utterances in certain used as an interpretative tool while assessing the
places. A commentator, commenting on a game of cricket, constitutional validity of laws, especially in the context of
cannot suddenly give a lecture on philosophy saying that restrictions imposed on rights.
he is protected by free speech!
But paying a price is not in the hands of the speaker. When
In addition to constraints, all speech also has a cost. When we say or write something, we do not know who will take
we utter something, good or bad, there is a price to pay. offence at it. People get upset and take offence very easily
Even in personal relations with family and friends, we these days! Free speech is nothing but the conditions
cannot say what we want. If we do so — that is, if we are under which the hearer is not allowed to take offence and
honest and outspoken — there is a price to pay. intimidate the speaker.
Relationships get broken, wars are declared between
The real freedom in ‘free speech’ lies not in the freedom
people because somebody spoke ‘freely’. Thus, the
of the speaker to say what she wants but in the constraint
essence of free speech is not really about the freedom to
on hearers to allow the speaker to say what she wants.
say what we want. It is more about speech which is free,
Thus, when we demand the right to free speech, we are
which comes with no cost. Free speech is actually speech
essentially demanding the right to stop others from not
for which you don’t pay a price.
letting us speak. The most important consequence of the
The freedom of speech and expression under Article idea of free speech is that it shifts the responsibility of
19(1)(a) must take shape from the goals set out in the free speech from the speaker to the hearer. But does
Preamble and must be read in the light of the principles this mean that anybody can say what they want? Can they
mentioned therein. The Preamble seeks to promote slander a person through falsehood in the name of free
“Fraternity assuring the dignity of the individual and the speech? Is slandering a person the same as criticising the
unity and integrity of the Nation”. In its widest meaning government or the nation? After all, our governments,
and amplitude, fraternity is understood as a common independent of which party is in power, have effectively
feeling of brotherhood. While justice, liberty and equality used the charge of sedition to stop certain utterances in
have been made justiciable rights under the Constitution, public.
the idea of fraternity has been used to interpret rights,
Criticism as a duty: It is not free speech to purposefully
especially horizontal application of rights.
slander a person. But criticising the government or nation
The Preamble consciously chooses to assure the dignity of is not the same as slandering an individual. Such criticism
the individual, in the context of fraternity, before it is not just a right, it is more a duty of democratic societies.
establishes the link between fraternity, unity and In a true democracy, there is nothing that can be
integrity of India. The rights enshrined in Part III have to considered as slandering the government, even if a
be exercised by individuals against the backdrop of the criticism may be wrong and unjustified. That is because

FOCUS | DECEMBER 2022 | RAU’S IAS 126

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Essays OF THE MONTH

free speech is a tool to make democracy workable and it really about freedom of individuals. The price we demand
is not really about the individual freedom to say what one for making somebody govern on our behalf (the elected
wants. leaders) is to allow us to say what we want about them,
not as individuals but as political leaders.
Democracy is about governance for others and on
behalf of others. It is a social and public system of Thus, true free speech covers only those acts of speech
responsibility of governance. The very foundation of which speak against power, and keep those in power
democracy is collective action and the real freedom in a accountable. It thus safeguards the most cherished
democracy is the freedom of choosing who will govern on democratic principle. Free speech by itself is not the
our behalf. The ideal of democracy is that we are all essence of democracy but is the means by which any
potential rulers — any one of us can be the Prime Minister
democracy can be sustained. Anybody who doesn’t like to
of our country. When we elect somebody, we are only
hear criticism of government or government
putting a group of people to govern on behalf of us. Free
representatives is being undemocratic. We dilute the
speech is the mechanism to make sure that they govern
importance of free speech when we use it to derive
correctly and on our behalf. It is only free speech, defined
personal benefit or cause harm or do so in situations
in this manner, that makes democracy workable.
which are not about power. Speech, in the task of keeping
The true power of free speech lies in its capacity to make check on power, has to be subsidised and made free by
those in power accountable to those who do not have those in power.
power. It is a means to control those in power and is not

FOCUS | DECEMBER 2022 | RAU’S IAS 127

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