IAS NETWORK

2021 MAINS CA VOLUME 1

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TOPICS COVERED : 50 MAINS TOPICS IN 44 PAGES

AMENDING NATIONAL CAPITAL TERRITORY OF DELHI ACT GLOBAL ANTI-TRUST AND BIG TECH CHALLENGES GOVT REGULATION AND TECH PLATFORMS ARC - AMC SELF RELIANCE IN SCIENCE IRONCLAD GENOMICS CASE HIMALAYAN DAMS

1 INDIA MYANMAR RELATIONS DISINVESTMENT DEVELOPMENT FINANCE INSTITUTION FREEDOM OF EXPRESSION DIGITAL SERVICE TAX PLATE TECTONICS GREEN BUDGET SEDITION ISSUE PULSES ISSUE DEFENCE PENSIONS FINANCIAL ISSUE LEGISLATIVE PROCESS SHORTCOMINGS NATIONAL EDUCATION POLICY INDIA’S BILATERAL INVESTMENT TREATY ISSUE RIGHT TO DIGNITY OF WOMEN VS RIGHT TO REPUTATION GLACIERS AND GLOBAL WARMING HIGH PUBLIC DEBT ISSUE 15TH FINANCE COMMISSION RECOMMENDATIONS LAND TITLING EVN ISSUE RELATED TO FARMING HYDROPONIC FARMING PETROLEUM INDEPENDENCE STRUCTURAL FRAGILITY OF UNION TERRITORIES ANTI DEFECTION LAW OTT PLATFORMS NATION’S SELF DEFENCE RIGHTS RIGHT TO MARRY COVAX FACILITY SIGNIFICANCE OF PREAMBLE JSPOA NEHRUVIAN ECONOMIC SELF SUFFICIENCY MARRIAGE AND RAPE CRYPTOCURRENCIES RETROSPECTIVE TAXATION ISSUE FREEDOM HOUSE REPORT RED ECHO AND CYBER THREATS SPECTRUM ISSUE COAL BED METHANE FISCAL FEDERALISM KEN BETWA LINK BUSINESS OF AGRI BY WORLD BANK NATIONAL FOOD SECURITY ACT CYBER CRIME VOLUNTEER PROGRAM ELECTORAL BONDS

2 Amending NCT of Delhi Act

Union Cabinet approved for amending the Government of NCT of Delhi (GNCTD) Act to arm the Lieutenant Governor with greater power to control the Delhi Council of Ministers. It reportedly requires the Delhi Government to send legislative proposals for the LG’s opinion 15 days in advance, and administrative proposals 7 days ahead. Better governance and reducing potential conflicts were cited as reasons for the amendments.

Issues

● A five-judge Constitution bench of the Supreme Court unanimously held that the Lieutenant Governor of Delhi is bound by the “aid and advice” of the popularly elected Government. Real authority to take decisions lies with the elected Government. This is the meaning of “aid and advice”. Titular head (LG) has to act in accordance with the aid and advice. ● There is no room for anarchy or absolutism in a democracy and both have to work harmoniously with each other. ● Except for issues of public order, police and land, the Lieutenant Governor of Delhi is bound by the aid and advice of the Government, which has the public mandate. ● There is no independent authority with LG to take decisions except in matters under Article 239 or those outside the purview of the NCT Government. ● Trivial difference of opinion between the LG and NCT Government cannot be referred to the President for a decision. ● The issues referred should be of substantive or national importance. In this context, CJI interpreted the phrase “any matter in the proviso” to article 239 AA (4) as “not every matter”. ○ Elected representatives would be reduced to a cipher, if any matter in Article 239 AA (4) was interpreted as “every matter” of governance.

Suggestions

● Delhi already suffers a multiplicity of authorities including:

o Union Home and Urban Development Ministries;

o Lieutenant Governor;

o an elected State Government;

o Five Municipal bodies; and

o Delhi Development Authority (DDA).

● Mixing politics with the administration of Delhi is better avoided.

3 ● What Delhi needs is clean air, waste management, Law enforcement, and Ease of doing business. Let us concentrate on these things.

Global Antitrust and the Challenge of Big Tech

There are ongoing investigations worldwide, including in the European Union and the United States of America, on the abuse of monopolistic power by the Big Tech firms, especially Facebook and Google. Many compare this with the earlier antitrust investigations in the U.S. on the telecom industry. Ultimately it resulted in the break-up of the AT&T dictated by the Department of Justice in its Modified Final Judgment in 1982.

Issues

● We cannot do without google maps for our day to day commuting. ● Google searches are indispensable in our quest for information and news. ● Google Scholar is a necessary tool for academicians to explore relevant research artifacts. ● Google Maps Application Program Interface is being used by almost all logistic and transport companies; ● Facebook APIs are being used for advertisement by almost all firms across the industry. ● The question before the policy makers is how to regulate these internet firms from abusing their monopoly power, while at the same time encouraging the positive externalities and consumer surplus they create. ● This is a tough nut to crack as it is very difficult to prove that the firms engage in the abuse of their monopoly power. ● Due to their strong network affects, it is not possible to ban or curtail these services.

Suggestions

● One option is tax subsidy to these internet firms in return for their orderly behaviour in the marketplace. ● Another aspect could be that the Govts. can mandate sharing of Non-Personal Data (NPD) owned by these firms, for societal and economic well being. ● At the same time, public pressure as in the case of Free Basics of Facebook as well as sharing of personal information between WhatsApp and Facebook, which were shelved because of huge public outcry. ● Internet firms should adhere to core ethical principles in conducting their businesses. ● Lessons from the Enron scandal and collusions between large banks and financial institutions during the 2008 financial crisis indicate that firms that aim at super monopoly profits and are greedy often end up in the ditch.

Government Regulations and Tech Platforms

4 There were some tweets put out by some Handles on the ongoing farmer protests. There is also a hash tag that suggested that farmer genocide was being planned. The Ministry of Electronics and Information Technology ordered these handles to be blocked on the grounds that they were spreading dangerous misinformation about the protest. Twitter initially complied with the order, but then restored these tweets and handles.

Issues

● Retention of specified information

o These are required to preserve and retain specified information in a manner and format prescribed by the Centre for a specified duration.

o Contravention of this may attract prison term up to 3 years, besides a fine.

● Extending technical assistance

o Intermediaries should extend technical assistance in the form of giving access or securing access to the resource involved.

o Failure to extend such assistance may entail a prison term of up to 7 years.

● Collect And Monitor Data On Traffic

o When an authorized agency asks for technical assistance, the intermediary must comply with the request.

o Non-compliance may lead to a prison term of up to 3 years, besides a fine.

Suggestions

● Section-69 of the IT act confers on the Central and the State Governments the power to issue the directions to intercept, monitor or decrypt any information generated, transmitted, received in any computer resource. ● An intermediary shall not be liable for any third-party information, data or communication link made available or hosted by him. ● Hence, it protects intermediaries from being made liable for content that users may post or generate.

Asset Reconstruction Company (Arc) – Asset Management Company (Amc)

Union Budget, 2021-22 revived the idea of a bad bank by stating that the Centre proposes to set up an Asset Reconstruction Company – Asset Management Company (ARC-AMC) to acquire

5 bad loans from the banks. With COVID-19 lockdown and moratorium, bad loans are expected to increase further.

Issues

● Bad banks backed by the Government will merely shift bad assets from the hands of public sector banks, which are owned by the Government, to the hands of a bad bank. ● Mere transfer of assets from one pocket of the Government to another (though it may be established by banks, but it may have sovereign guarantee) may not lead to successful resolution. ● A bad bank backed by the Government is likely to pay too much for stressed assets. ● However, finally, the losses of bad banks may be recouped by the taxpayers. ● The root cause of the problem is that the public sector banks are managed by bureaucrats who may not have the same commitment, just like private sector bank executives, in ensuring these lenders' profitability. ● There is huge risk of moral hazard as commercial banks that are bailed out by a bad bank have little reason to change their behaviour.

Suggestions

● A bad bank makes a profit in the operations, if it manages to sell the loan at a price higher than what it paid to acquire the loan from a commercial bank. ● Generating profits is usually not the primary purpose of a bad bank. ● The objective is to ease the burden on banks and it facilitates banks to concentrate on lending. ● It can help consolidate all bad loans of banks under a single exclusive entity. ● Monitoring of the resolution becomes easy. ● Banks can concentrate on their core areas of lending. ● The idea has been tried out in countries such as the USA, Germany, Japan, and others in the past.

Emphasizing Self-Reliance in Science/ SCIENCE, TECHNOLOGY, AND INNOVATION POLICY (STIP) 2020

On March 4, 1958, under the leadership of Jawaharlal Nehru, for the first time in the history of independent India, Parliament passed a resolution on science policy. The new policy envisages technological self-reliance and aims to position India among the top three scientific superpowers.

Issues

● Increasing the private sector's contribution is being talked about for several years but common sense informs us that the private sector cannot be expected to pay for basic research. This is because the return on investment in basic research takes too long from

6 a private sector perspective. Participation of the private sector in basic sciences has not happened even in the U.S. ● Several new authorities and centers have been proposed and this goes against the policies of decentralized mechanisms and this is expected to end up further fattening of bureaucracy. ● The document talks about tackling discrimination on gender, caste, religion etc. and mentions more representation of women / LGBTQ communities but it is silent on how we are to achieve their proportionate representation. ● The document talks about developing a scientific temper, humanism and spirit of inquiry and reform and it is not understood how this can be ensured when pseudoscience tendencies are being promoted. ● Our belief systems, values and attitudes have an impact on the quality of research. 0nly a dissenting mind can think out of the box and our ecosystem is not promoting this.

Suggestions

● A Science Technology and Innovation development bank will be created to direct long-term investments in select strategic areas for large scale mission mode programmes. ● Rules of lending will be modified for an easier mode of finance. ● A strategic technology development fund is to set up to home grow strategic developments in areas such as nuclear science, space, cyber technology and biotechnology. ● The fund, managed by a Strategic Development Board, will also provide finance to the private sector and higher educational institutions for research with specific goals. ● A Strategic Export Policy to enable private players to thrive in the international markets is also on the carts. ● Appropriate institutional mechanisms are to be created to dip into the untapped potential of the high skilled Indian scientific diaspora. ● There will be opportunities for them to return or to contribute from wherever they are based. ● An engagement portal exclusively to bring together Indian scientists and technocrats world-wide and to engage with Indian researchers is being planned. ● The draft policy visualizes “a decentralized institutional mechanism balancing top-down and bottom-up approaches, focusing on administrative and financial management, research governance, data and regulatory frameworks and system interconnectedness, for a robust STI Governance”.

IronClad Genomics Case

A success of genetic research has raised a lot of hope for diagnosis and treatment of diseases. For a doctor to use genetic information of a patient, to decide about the specific drug to prescribe, has now become a reality.

7 Issues

● Past selection lacks diversity. ● It was found in 2009 that 95% of the genomic studies conducted involved only people of European descent. ● The situation improved a little in 2016 i.e., from 95% to 81%. ● There is a huge deficit of representation of global ethnic and geographic diversity in these studies. ● The lack of diversity in genomic research can result in erroneous understanding of the relationships between genes and disease in unstudied populations. ● CYP2D6 Gene is involved in the metabolism of the many commonly prescribed drugs, including Tamoxifen, which is used to treat Breast Cancer. ● More than 100 different variants of this gene occur at different frequencies across populations. ● Unless research is inclusive of the diversity of peoples, the results of research are likely to be of limited value, probably wasteful and harmful.

Suggestions

● The Government of India has initiated some major population level research projects on Genomics. ● Bio banks (Repositories of blood samples/cancer tissues etc.) are being created for use in genetic and other research to understand diseases of importance in India. ● Inclusion of diverse ethnic populations is of paramount importance in genome research and bio banks. ● It is ideal that such research be conducted by investigators of concordant ethnic background, and in partnership with institutions trusted by those groups.

Fragile Himalayas - Case For Review of Hydro Power Plants

A significant slice of the glacier was dislodged by a landslide. It produced roaring torrents in Rishi Ganga and Dhauliganga rivers in Chamoli district. It trapped unsuspecting workers at two Hydro power project sites. It filled tunnels in the Tapovan power project.

Issues

● In the Himalayas, deep gorges and canyons attracted many hydro-electric projects and dams. But they have ignored the earthquake risk. ● There is also risk of dam induced microseismicity. ● There are severe monsoonal aberrations now-a-days that could repeat a Kedarnath like flood. ● Severe biodiversity loss and extreme danger to the communities downstream is another factor.

8 ● The life of the dams is often exaggerated and the siltation is underestimated. In the Bhakra dam in Himachal Pradesh for instance, siltation was higher by 140% than calculated. ● In view of global and regional warming, the lakes have expanded as the sizes of the glaciers are shrinking. Hence, became more vulnerable to Glacier-Lake Outburst Floods (GLOFs). ● Chinese glaciologists have projected a 43% decrease in the glacial area on average by 2070, and 75% decrease by the end of 21st Century. ● The glacial melting is also exacerbated by the impact of short-lived black carbon deposits or Soot.

Suggestions

● Repeated remotely sensed images of high resolution can be used to observe the changes in glacial lakes, such as expansion mechanisms for monitoring purposes. ● A structural and geo-technical engineering solution-oriented approach can also be thought of by draining out water from glacial lakes, through construction of channels for gradual and regulated discharge of water. ● The Nepalese Government has installed an alarm system on many potentially dangerous glacial lakes. ● We have to rigorously study the impact of policy on the Himalayas and confine hydro projects to those with the least impact. ● We have to rely more on low impact run-off the river power projects that need no destructive large dams and reservoirs.

India-Myanmar Relations

Thousands of protesters have been marching in Yangon, while doctors and some teachers have joined a campaign of civil disobedience. The citizens have become used to new freedoms and don’t want Myanmar returning to its former impoverished, isolated state under the military. The army, which wrote Myanmar’s constitution, kept 25% of the parliament seats for itself. The army’s plans were thwarted with the massive victory for Aung Suu Kyi’s ruling National League for Democracy (NLD) sweeping 396 out of 476 seats, winning 83% of the ballots.

Issues

● Now the United States of America threatened Myanmar with the sanctions. ● At present, though several projects are being planned in Myanmar, Myanmar's Army (Tatmadaw) has deep suspicion about China. ● Myanmar generals feel that China is supporting several ethnic groups in Myanmar with arms, but now for the Tatmadaw, there is no other alternative than embracing China up to certain extent. ● Hence, Chinese footprint is expected to increase if the army rule continues.

9 ● India would find it difficult to openly support the Junta, given the strong Western and American stands. ● On the other hand, it can ill afford to offend the army by actively seeking a restoration of democracy. ● When two power centers were there, India was able to manage without hurting the international community. ● Now China has arrived on the scene. ● Hence, India's policy will be a function of interests rather than norms. ● Myanmar Junta getting closer to China is a real cause of worry for India. ● Moreover, Myanmar’s military played a helpful role in containing north-eastern insurgencies by allowing Indian military to pursue insurgents across the border into Myanmar.

Suggestions

● India is left with very few clear policy options. ● It must continue to maintain relations with the Government in power in Myanmar, while discreetly pushing for political reconciliation in the country. ● The focus must be on trade, connectivity, and security links between the two sides.

Disinvestment

The Government kept disinvestment target of Rs. 1.75 lakh crore. This includes likely inflows from the strategic sale of entities like Air India, BPCL carried forward from this year’s plans. The listing of LIC could be completed as well with necessary amendments in the Finance Bill. There is a promise to privatize two public sector banks and a general insurance company. The Government categorically stated that it will exit all businesses in non-strategic sectors.

Issues

● The Government made its intent clear in 2014 itself, when it said that “the Government had no business being in business”. ● Now the Government put forward its policy in clearer terms in Union Budget 2021-22. ● Now tactful execution will be as critical as dealing with the usual pockets of resistance that would crop up. ● Though the stock markets are on a high, the financial capacity of potential bidders may not be optimal.

Suggestions

● The Government will need to create confidence in the sale processes and ensure a semblance for fair valuations. ● Officers should also be protected from potential post-transaction, witch-hunts by auditors and investigating agencies.

10 ● With the massive disinvestment, the economy should not face shocks or create monopolies. ● A single controversial transaction could scuttle the entire process, so the Government should be highly cautious.

Development Finance Institution

Now the Government thought that Development Finance Institution (DFI) is inevitable to take care of funding needs of National Infrastructure Pipeline (NIP). Some critics say that it was a failed experiment with institutions like ICICI and IDBI, which were converted into universal banks. But India’s financial markets have grown by leaps and bounds since then. Other economies have demonstrated success with DFIs. Now, the policy makers have the luxury of learning from past mistakes. This makes the DFI idea worth exploring again.

Issues

● Industrial lending institutions after independence were over reliant on cheap Government funds. ● Universal banks failed because they ran into asset liability mismatches due to their reliance on retail deposits to fund long-term projects. ● Indian project execution has got its own inherent weaknesses. ● In the past, ambitious highway and pipeline projects have been interminably held-up by local protests and land acquisition woes. ● Telecom players were affected because of litigation over AGR and retrospective taxes. ● Mega power projects have been stalled by irregular fuel allocations and poor contract enforcement.

Suggestions

● The new age DFIs should focus on diversified sources of funding that balance the two. ● Specific verticals tend to do better in building project appraisal skills and managing risks than super-market lenders, who fund any project that comes their way. ● Now, there is success in refinancing institutions like NHB and NABARD. ● Direct Finance Institutions like Exim Bank, IREDA and IRFC have also seen success. ● Hence, there is a case for going towards multiple specialized DFIs by taking a cue from the successes of specialized DFIs. ● The proposed DFI must be freed from political interference or crony lending. ● Merely having private shareholders or professional managers on-board is not sufficient to ensure good governance. ● This has to be backed by a robust system of external checks and balances, such as supervision by RBI and proper due diligence by auditors and rating agencies.

11 Concerns about Curtailing Freedom of Expression

The Government of India said that it had invoked Section 69A of the Information Technology Act. It ordered Twitter to block access to several accounts. The primary reason appears to be the use of the hashtag “Modi planning famer genocide”. This was deemed a threat to public order. Twitter initially blocked the accounts and restored several of them subsequently. This prompted a sharp reaction from the Government. Government issued a non-compliance notice and said Twitter’s employees would be prosecuted for violating Section 69A.

Issues

● It becomes very easy for the Government to censor information. ● It is a completely costless option for the Government. ● Rather than having to go to court and prove violation even prima facie of law, the Government can simply direct intermediaries to block content. ● It places the burden of going to court upon the users. ● Once it becomes easier to censor the speech, more likely that the Government will resort to that option. ● The confidentiality requirement means that the user will not even know why their account is blocked. ● He/she will be in no position to challenge it. ● There are no procedural safeguards and no opportunity for a hearing to the affected parties. ● No need for reasoned orders. ● Hence, it violates both free speech rights as well as right to due process.

Suggestions

● The best-case scenario would be to prohibit the Government from being able to directly order intermediaries to block access to online information. ● Of course, Government can have power in well-defined emergency cases. ● At the same time, the procedure under normal cases should require the Government to go through the court with adequate opportunity for affected parties to defend themselves. ● Alternatively, blocking orders can be made public and can be done even under the current legal regime. ● Affected parties can be given a fair opportunity of hearing before the blocking order is issued. ● The process will also ensure that the blocking order is a reasoned one, and can be effectively challenged before a court.

Is India’s Digital Services Tax Discriminatory?

12 To understand the logic of Digital Services Tax (Equalization Levy), one has to go back to 2013. At that point of time, the Base Erosion and Profit Shifting (BEPS) programme was launched by OECD at the behest of the G20 countries. Under the 15 action points, action point one was to look at the tax challenges of the digital economy.

Issues

● The main problem was to find the new way of taxing digital companies, because under the existing rules, they were not adequately taxed. ● They don’t have permanent establishments in the countries which they operate. ● For example, Indian Income Tax Act does not allow taxation, when there is no permanent establishment. ● At the same time, it becomes difficult to assess the intangibles, like the value of data. ● India started with an equalization levy on advertisement services at 6%. ● It was basically on payments made to a non-resident by a resident advertising on the platform (B2B). ● However, the revenue generated is not much.

Suggestions

● The contention is wrong as the market is dominated by US companies. ● It appears that only US companies are targeted, but actually it is wrong. ● The contention is wrong because OECD/G-20 is trying to find alternative mechanisms for taxing digital giants since 2013, but they could not come to a conclusion till now. ● It is easy for the Government to tax revenue as it is possible to assess location specific revenue clearly.

Plate Tectonics and the Himalayas - Explaining the Vulnerability of the Region

A snow avalanche triggered possibly by a landslide caused a flash flood in the Rishi Ganga river, a tributary of Alaknanda in Chamoli district of Uttarakhand. It washed away a functional small hydroelectric project and also destroyed the under-construction 520 MW TapovanVishnugad project of NTPC on the Dhauli Ganga river. The Home Minister in Parliament said that the “landslide-avalanche event at an altitude of 5,600 metres occurred in a glacier in the Rishi Ganga catchment and covered an area of 14 sq. km, causing the flood”.

Issues

● Indian and Eurasian plates connect in the Himalayan region. The Main Central Thrust (MCT), which was formed 20-22 million years ago runs east-west along the Himalayas. ● As the northward moving peninsular India presses on, the lesser Himalaya rock assemblages are compressed and are pushed under the huge pile of the great Himalayan rocks. Hence, it remains active in terms of deep movement of rock assemblages.

13 ● A key concern is the active nature of rock fractures, known as faults, which respond to earthquakes, creating enormous instability, especially along the slopes. ● In the context of proposed 315-metre-high India-Nepal Pancheshwar project across Kali river in the Kumaon region, the geologists said that the chosen site could witness a strong earthquake in the Nepal area from Rangunkhola Fault. ● The geology of mountains in many parts of Uttarakhand is such that the threat of landslides is high. ● Rocks have been weakened by natural processes across time and are vulnerable to intense rainfall as well as human interference, in the form of house-building and road construction. ● The careless disposal of enormous debris from mining and construction projects has added to the problem. It blocked flow paths and additional debris played havoc in previous incidents.

Suggestions

● The Government will need to create confidence in the sale processes and ensure a semblance for fair valuations. ● Officers should also be protected from potential post-transaction, witch-hunts by auditors and investigating agencies. ● With the massive disinvestment, the economy should not face shocks or create monopolies. ● A single controversial transaction could scuttle the entire process, so the Government should be highly cautious. ● The net benefit of big dams is controversial because of the collateral and unquantified damage in terms of loss of lives, livelihoods and destruction of ecology. ● Chipko movement activist Sunderlal Bahuguna argued that large dams with an expected life of about 100 years alter the character and health of the hills. ● So, now, the experts' proposal of small low-impact dams of less than 5 MW appears to be a better alternative.

GREEN BUDGET

A rainforest drowned under a dam cannot be recreated whatever the money the Government pours into it. The Governments have not put in the substantial new financial resources raised through rapid growth into environmental protection. Steadily increasing levels of pollution, biodiversity loss, decline in forest health and destruction of wetlands is testimony to the dismal gap between Government rhetoric and the environment.

Issues

● There is no intention to phase-out fossil fuels. ● On the contrary, coal mining and thermal power are being promoted under the Atma Nirbhar Bharat package.

14 ● Large hydro-power is being promoted as renewable energy, though its massive ecological and social impacts are well documented. ● Now, much of the solar and wind energy is coming under the form of massive energy parks, that take up huge areas of land, displacing people and wildlife. ● There is no indication that the renewable energy push would be predominantly decentralized, community managed and with full environmental impact assessment. ● There is no effort to curtail wasteful and luxury consumption of energy or other products and services by the rich, without controlling demand, even a complete shift to RE will be unsustainable, after all Silica has to be mined somewhere. ● Government is following a highly centralized approach with “one size fits all approach”. ● It focuses heavily on expensive infrastructure like big reservoirs and pipelines. ● There is no focus on incentivizing responsible consumption, restraining luxury uses and redistributing water more equitably. ● It is not only the construction of the road, but opening up previously intact ecosystems causes far more damage.

Suggestions

● Subsequent to COVID-19, the Budget could have been the occasion to climb into a green nature and land-based livelihood’s recovery, that could create tens of millions of jobs, as also regenerate India’s depleted environment. ● But, the present continuation of neo-liberal development planning, with a blind trust in growth as the panacea for all ills and treating nature as a commodity for exploitation or a sink into which to dump waste. ● Hence, environmental regeneration and conservation and self-reliance has not happened through this Budget.

Sedition

The Delhi Police team travelled to Bengaluru and took Disha Ravi into custody, apparently without following the guidelines laid down by the Delhi High Court on inter-State arrests. However, she was produced before a duty magistrate in Delhi within the mandatory 24-hour period. Main charge against her is that she edited a Google document shared among activists.

Issues

● The toolkit, the prosecution alleges, was prepared by a pro-Khalistani outfit and it was concluded that the activist was working with separatists to create disaffection against India. ● She was charged with sedition and criminal conspiracy. ● Sedition cases are spiking year-on-year from 35 in 2016 to 70 in 2018 and 93 in 2019. ● NCRB data also reveals 5,922 UAPA arrests between 2016 and 2019 against a mere 132 convictions.

15 ● At 2019’s start, 3,908 UAPA cases were pending investigation from previous years in which police filed 257 chargesheets in 2019. ● These talk about a poor justice delivery system. ● The possible fact that “direct protests were also discussed and planned” does not mean that there was any incitement to violence, a mandatory requirement to charge someone with sedition. ● Prima facie it also does not come under “creating disorder or disturbance in law and order”.

Suggestions

● The Government is more likely to attract international embarrassment and opprobrium (public disgrace arising from shameful conduct) by the indiscriminate use of police power against activists, protesters and the media. ● In recent times, the state is increasingly resorting to heavy-handed responses to issues that attract

o A convergence of activism

o Opposition political activity

o Adverse media scrutiny

● Now the Government should urgently seek to address the issues of deficit in tolerance and surfeit (excessive) in repression.

Govt Should Make Pulses Policy Demand-Centric

On the occasion of World Pulses Day, the Agriculture Minister stated that the Centre aspires to boost pulses production to 32 million tonnes by 2030 from the current level of around 24 million tonnes.

Issues

● The demand side needs greater attention. ● It devolves on the policymakers to boost pulses consumption. ● It should become an integral part of the Centre’s welfare programmes, including Public Distribution System and National Food Security Act. ● The policy attention is on higher production, but the imperative need to boost pulses consumption cannot be overlooked. ● The pulses production is around 24 million tonnes. ● It yields dal (milled pulse) fit for human consumption of about 18 million tonnes after accounting for seeding and milling losses.

16 ● The present population is around 135 crores. Hence the annual per capita availability is around 13.5 kg. ● Moreover, there is a well recognized skew in consumption of pulses, wherein the poor consume much less than what the per capita availability number of 13.5 kg suggest.

Suggestions

● Nutritionists recommend pulses consumption of at least 20 kg per person a year for a country with a large vegetarian population. ● To reach that, India should be producing 30 million tonnes right now, but at present it is lower by around a fifth. ● By 2030, India’s population would be around 150 crores. ● If the Government achieves the target of 32 million tonnes, availability of consumable dal would be approximately 16.3 kg. ● So, even by 2030 also we will fall short of the 20 kg per capita suggestion given by the nutritionists. ● However, there will be a small increase in per capita availability from 13.5 kg to 16.3 kg.

The Challenge of Ballooning Defence Pensions in India

The allocation for defence is nearly stagnant. Pensions are the fastest-growing component of defence spending. In the past 10 years, the share of India’s defence budget going towards pensions has risen from 18% to 28%. It is expected to be Rs. 1.15 lakh crores in 2021-22. Even this appears to be under-provisioned, as the Centre may be deferring certain pension obligations to future years.

Issues

● As the pension burden has ballooned, one casualty has been capital spending on modernization and the procurement of hardware, tanks, aircraft and ships. ● The share of capital spending on hardware in the defence budget has gone down from 27% to 19% in 10 years, almost a reverse trend of pension payments. ● India has the world’s largest volunteer army. ● The military force has 1.4 million active personnel and 2.1 million in reserve. ● Every year, more than 60,000 personnel retire. Most of them are in the 35-45 years age bracket, with a possibility of 20-30 years of active service ahead of them, if gainfully employed. ● Even among the officers, many choose to retire well before they hit their late 50s. Hence, most of the retirees are young cohorts. ● One Rank One Pension (OROP) plan was approved by the Union Cabinet in September 2012. However, it was implemented much later. ● It has been a long-standing demand.

17 ● This meant that personnel retiring at the same rank with the same length of service would get the same pension, irrespective of their date of retirement. ● Any future rise in the pension rate is automatically passed on to all past pensioners. ● Hence pension will become an ever-increasing share of the defence budget.

Suggestions ● Lieutenant General Dr. Prakash Menon and PranayKotasthane suggested one workable solution. ● It involves lateral and circular flows of servicemen from internal security forces to the armed forces and back. ● Army personnel can be deployed for the ever-increasing needs of internal security too. ● These could also be agencies such as the National Disaster Response Force, Civil Defence Corps or the Home Guards, all of which are severely understaffed. ● This well thought out solution does not entail reducing benefits in accordance with the age of retirement, as is currently being contemplated. ● It is high time that our fiscal authorities bite this pension reform bullet.

An Urgent Need to Reform the Country’s Legislative Processes

When one looks at the PRS Legislative’s Functioning of 16th Lok Sabha (2014-2019) Report, only a quarter of the bills introduced in that period were referred to committees, much lower than 71% during the 15th and 60% during the 14th Lok Sabha. However, the 16th Lok Sabha discussed 32% of the bills for more than three hours. This is an improvement over 22% in the 15th Lok Sabha and 14% in the 14th Lok Sabha.

Issues

● Lack of attendance ● Absence of debate ● Lack of deliberation or constitution of expert committees. ● The laws were passed in just a few minutes. ● It only took a few days from tabling the bills to receiving the President’s assent. ● The 52nd constitutional amendment (Anti Defection Law) created rules to expel legislators who defect from political parties and de- stabilize Governments in exchange for money. ● This amendment defined defection not just as switching parties, but also disobeying a party directive on a vote. ● So, the legislators can lose membership of the House, if they abstain or vote against their party’s whip. ● When decisions are made in a party’s office, legislators stop attending Parliament or Legislative Assembly sessions.

18 ● When each party confers with its preferred experts, legislators stop demanding parliamentary or standing committees. ● If bills are introduced wholesale and voted into law in mere hours, the opposition stops preparing debates.

Suggestions

● The 12th term of Haryana Assembly sat on an average 11 days per year, budget sessions occupying 70% of the total session time. ● In the remaining time, the state's assembly passed 129 bills, all of which were passed on the same day that they were introduced. ● In Goa’s Assembly, on average, each bill was discussed for four minutes. In 2012, in Delhi’s Assembly, only one of the 11 bills passed was discussed for more than 10 minutes. ● During the 12th Gujarat Assembly (2008-12), in session for half the days as Parliament, over 90% of all bills were passed on the very day they were introduced. ● India must urgently reform its legislative processes.

Structural Reforms for NEP, 2020

Now, normal academic activity is being gradually resumed. Hence, the Central Government’s New Education Policy is back in focus. The policy covers a wide spectrum of issues, which include reforms in school and higher education. The emphasis should also be on the need to restructure the governing bodies for Universities and Autonomous Colleges.

Issues

● The existing system of Syndicates consists of Government nominees and those nominated by Governors or Chancellors. ● NEP talks about creating new structures such as a Board of Management to replace the Syndicate system. ● At present people lacking merit, but with an eye on memberships of affiliation, building and purchase committees get nominated to these bodies. ● At present, the selection of Vice-Chancellors is happening, in several States, based on political affiliation. ● Hence, there is a need for restructuring of Search Committees. ● At present, they are dominated by the Government nominees, Chancellor’s nominees and University nominees. ● This practice should be stopped. It should be replaced by drawing an eminent former Vice-Chancellor or academician of proven integrity, and administrative capability for the post of Chairman of the Search Committee.

Suggestions

19 ● The Board’s decisions should be taken either by consensus or by a majority of the members. ● Proceedings should be conducted in virtual mode, and made available for stakeholders’ viewership. ● Applications for the post of Vice-Chancellors can be invited through advertisements in the university website, and through newspapers. ● Bio-data of candidates must also be published on the websites. ● The committee may then allot marks to each candidate in terms of teaching and research, administrative capabilities and capacity for fundraising. ● The scores obtained by candidates should be consolidated and the names of shortlisted candidates then submitted in order of merit to Chancellors for deciding on formal appointments. ● For the accountability of faculty, the best way is to put in place the institutional structure of “Academic audit”. ● Faculty members must mandatorily upload on university websites, their annual plans for research and innovative modes of teaching. ● The annual self-appraisal reports can be evaluated by external peers, and their recommendation should be strictly implemented. ● In order to improve the higher education ecosystem, excellence in teaching, research, innovation, entrepreneurship and social contribution must be encouraged.

“Indian Investments and BITs”

Sri Lanka decided to renege on a 2019 agreement with India and Japan that aimed to jointly develop the strategic East Container Terminal (ECT) at the Colombo Port. One has to look it through the prism of India-Sri Lanka Bilateral Investment Treaty (BIT). BIT forms the bedrock of international law governing foreign investment between two countries

Issues

● The twist in the tale is that India unilaterally terminated India-Sri Lanka BIT on March 22, 2017. ● The termination was part of the mass repudiation of BITs that India undertook in 2017 as a result of several ISDS claims being brought against it. ● There is a survival clause which says, in case of a unilateral termination of the treaty, the treaty shall continue to be effective for a further period of 15 years from the date of its termination in respect of investments made before the date of termination. ● Hence, Indian investment in Sri Lanka made before March 22, 2017 will continue to enjoy treaty protection.

Suggestions

20 ● Because of the onslaught of ISDS claims in the last few years, India has developed a protectionist approach towards BITs. The motivation appears to be to eliminate or at least minimize future ISDS cases against India. ● But the important aspect is BITs are reciprocal. BITs do not empower merely foreign investors to sue India but also authorize Indian investors to make use of BITs to safeguard their interest in the turbulent foreign markets. ● In the post-COVID-19 world, regulatory risks will further exacerbate. Hence foreign investment may be subjected to arbitrary and whimsical behavior. ● The Government should revisit its stand on BITs, as India is emerging as an exporter of capital and not just an importer of capital. ● India needs to adopt a balanced approach towards BITs with an effective ISDS provision. This will facilitate Indian investors in defending their investment under international law.

Right to Dignity of Women Prevails over right to Reputation

Priya Ramani, a journalist, in 2017, accused M. J. Akbar, former Journalist and Minister of State at that point of time, about sexual harassment during 1993/94. Subsequently, the Minister of State resigned. He filed a criminal complaint for defamation against Miss Ramani for her article and her tweets.

Issues

● The law of criminal defamation is about protecting a person's right to reputation. ● “Making or publishing any imputation concerning any person, intending to harm, the reputation of such person is criminal defamation”. ● Mr. M.J. Akbar alleged that Miss Priya Ramani's allegations, by their very tone and tenor, are ex-facie defamatory. ● It not only damaged the complainant's goodwill and reputation in his social circles, and on the political stage. ● Reputation was established after years of toil and hard work. Hence, her allegations affected the personal reputation of the complainant in the community, friends and colleagues. ● Priya Ramani said, as per Section-499, “It is not defamation to impute anything, which is true concerning any person, if it be for the public good, and the imputation should be made or published”. ● It is not defamation, if the imputation is made in good faith for the protection of the interest of the person or for the public good.

Suggestions

● Now, the Delhi Court acquitted Journalist Priya Ramani of the charge of defaming M.J. Akbar.

21 ● The fact is that many women suffer in silence in the face of harassment, especially in the early stages of their career. ● The Court said that a woman cannot be punished for criminal defamation, when she raises her voice against sexual harassment. ● The Court also said “the right of reputation cannot be protected at the cost of the right of life and dignity of the women.” ● Court has also taken note of the unequal equations of power between the harasser and the victim in most situations. ● It also said, a woman has a right to put her grievance at any platform of her choice, and even after decades.

GLACIERS AND GLOBAL WARMING

Adaptation is nothing but how people can adapt to increasing climate change related variability and uncertainty.

Issues

● Greater vulnerability, uncertainty and glacier melt than in the past are certain because of climate change. ● There needs to be more pressure on developed countries to transition to net zero economies and faster. ● Nations are setting ambitions for net zero economies, but they are not changing the status quo as far as action plans are concerned. ● Carbon markets have the potential to get countries to reduce emissions. ● They can generate benefits of $ 250 Billion per year in 2030. ● Rules for how these markets will work, pricing carbon and who gets the credit are still unclear. ● Setting a carbon price will help investments flow in the right direction. ● At present, funding for adaptation and resilience is extremely low. ● UNEP estimates that the adaptation related funding gap will be $ 300 Billion by 2030. ● International agencies can help through being the first loss takers. ● Resilience bonds are one such example. Structuring bonds in such a way that there is incentive for the private sector to invest in livelihoods and increased resilience is the way forward. ● The losses can be absorbed by the Government and the multilateral agencies.

Suggestions

● Capacity for disaster preparedness and response must be increased. ● The National Disaster Management Authority (NDMA), National Disaster Response Force (NDRF), and Border Roads Organisation need more resources and capacity. ● It requires a larger mandate for risk informed programming.

22 ● These agencies are required to work across ministries to ensure that disaster risk programming occurs at all levels, and is integrated in plans, budgets, procurement and programmes. ● Data for risk prediction and risk prevention must be increased. ● Tipping points in the microsystem are going to occur more frequently. ● With climate change, we need to be prepared for greater uncertainty. Hence, more disaggregated and high-resolution data on physiographic factors is the need of the hour. ● Communities are key for disaster preparedness. ● Greater uncertainty means building modular planning units with sufficient capacity. ● Communities are key for such preparedness and response. ● Not only are small communities agile and can mobilize quickly, they also know their own populations best. ● Glacier retreat and permafrost thaw are projected to decrease the stability of mountain slopes, and increase the number and area of glacial lakes. ● More attention needs to be paid on this front.

High Public Debts - How Do They Impact Developed & Developing Economies?

Advanced countries or rich countries face the problem of secular stagnation. Older people who expect to live longer spend less per capita, as do low-income households, who don’t see their economic prospects improving. As people consume less and save more, investment opportunities decline and the economy goes into a low growth, low inflation syndrome of secular stagnation.

Issues

● Central banks respond to this downturn by cutting interest rates to zero or even making them negative. When people’s confidence about their economic prospects is low, even that doesn’t help. ● The solution, then lies in Governments taking advantage of low interest rates to borrow and spend. ● In a low interest rate scenario, the multiplier effect of spending will be so high that public debt, far from exploding, will actually pay for itself. ● The median age of Indian population is 29 years. Our economy is consumption driven and inflation prone. ● Far from secular stagnation, any increase in incomes here quickly translates into consumption. Hence inflation becomes a problem! ● In rich countries, interest payments are just a small proportion of total Government spending. ● But in a country like India, when the debt accumulates, interest payments are the single biggest item of Government expenditure.

Suggestions

23 ● Economy’s growth rate has to be higher than the interest rate on the debt. ● Government must be collecting enough in taxes such that it's borrowing, if at all, only for paying the interest on debt. ● The FRBM Committee determined our sustainable debt as 60% of GDP. ● As against that, it is estimated our debt will rise to 90% of GDP by the time we exit the corona crisis. ● If today’s debt financed spending does not generate rapid growth, the burden of debt repayment will pass on to our children through higher taxes. We don’t want to sin against our children!

15th Finance Commission Recommendations

The 15th Finance Commission was appointed on November 27, 2017. Originally, it was to submit a report by October 30, 2019 for five years i.e., for the period 2020-21 to 2024-25. The Finance Commission submitted two reports. Interim Report for 2020-21 and the Main Report covering the period of five years beginning April 1, 2021 and ending March 31, 2026.

Issues

● It used two additional factors, i.e., demographic performance and tax effort. ● It gave 15% weightage to 2011 population and demographic performance was given 12.5% weightage and it appears to be a balancing act. ● The income distance is given 45% weightage and it is the distance of the States’ income from the State with the highest income. States with lowest per capita income would be given a higher share to maintain equity among the States.

Suggestions

● It made grants towards urban and rural local bodies conditional upon states setting up their own Finance Commissions and publishing online, the accounts of the local bodies. ● 60% of these grants will be further linked to the bodies providing sanitation and water services. ● Panel suggested setting up a non-lapsable dedicated fund to support defence and internal security modernization, which is accepted by the Centre in principle. ● It also recommended sector specific and other grants adding up to about Rs. 1.8 lakh crores and Centre is non-committal about this recommendation till now.

Conclusive Land Titling and Its Challenges

Now, the Central Government wants to reform the Country’s land markets through a fundamental, legal and procedural shift, in how land titles are awarded. Already a Model Bill on conclusive land titling was sent to States and UTs in June, 2020. In September, after many States failed to send-in their feedback, the Centre warned that their agreement would be presumed.

24 Issues

● Ambiguity in ownership results in black market for land transactions. This deprives the Government of the taxes. ● Not only that, political clout of the politicians is increasing and the land mafia is emerging due to the lack of proper land titles. ● In the rural areas, access to agricultural credit is dependent on the ability to use the land as collateral. ● Small and marginal farmers are often left at the mercy of unscrupulous money lenders, entrenching themselves in a mountain of debt. ● The biggest challenge is that land records have not been updated for decades, especially for rural and semi-urban areas. ● Land records are often in the name of grand-parents of the current owner, with no proof of inheritance. ● Relying on current records or even satellite imagery may not provide the desired accuracy. ● Comprehensive village level service with community involvement is necessary, but local Governments have not been provided with the resources or manpower to conduct such service.

Suggestions

● Land Authorities to be set-up by each State Government, which will appoint a Title Registration Officer (TRO). ● TRO will prepare and publish a draft list of land titles based on existing records and documents. ● This will be considered a valid notice to all potential claimants, who have interest with the property. ● They will have to file their claims or objections within a said period of time. ● TRO will verify all the relevant documents and refer the case to a Land Dispute Resolution Officer (LDRO) for resolution. ● Having considered and resolved all the disputed claims, the Land Authority will publish a record of titles. ● Over a three-year period, these titles and the decisions of the TRO and LDRO can be challenged before the Land Titling Appellate Tribunal. ● After a three-year period, entries in the record of titles will be considered conclusive proof of ownership. ● Further appeals can only be taken up in the High Courts.

Environmental Destruction Perspective Often Ignored In Farming!

25 Terming the ‘toolkit’ shared by climate change activist Disha Ravi as “innocuous (not harmful or offensive)”, a Delhi court granted her bail. The Court said that “the perusal of the said ‘toolkit’ reveals that any call for any kind of violence is conspicuously absent”.

Issues

● Former CEO of UN’s Sustainable Energy for all Campaign, Mohinder Gulati says, farmers around Delhi burn 100 million tonnes of crop residue annually. ● It generates 140 million tonnes of carbon dioxide, 12 million tonnes of other polluting gases along with 1.2 million tonnes of particulate matter. ● Smog in Delhi and adjacent areas chokes 50 million people, closes schools and causes irreversible lung damage to 2.2 million children and many adults. ● Burning stubble also destroys the nitrogen and carbon potential of the soil, kills micro flora and fauna beneficial to the soil. ● It also removes a large portion of organic matter and unavoidably leads to increased use of chemical fertilizers.

Suggestions

● Excessive tube well irrigation in north-western part of the country has lowered the water table disastrously. ● Drinking water wells ran dry followed by shallow tube wells of small farmers. Only the deepest tube wells of richest farmers now pump water. They use electricity the most and emit the most carbon. ● Punjab is a low rainfall region and normally it should not grow rice, but free electricity made rice cultivation very profitable, while destroying aquifers. ● The farm agitators insist on guarantees of free electricity and Government purchase of all the rice they produce.

What Is Hydroponic Farming? What Are Its Advantages & Challenges?

It is the technique of growing plants without soil. In traditional farming, plants get their nutrients from soil, through additives such as compost, manure and fertilizers. In hydroponic farming, plants get them in nutrient fortified water.

Issues

● Setting up an hydroponic farm can be extremely expensive due to the cost of containers, pumps, lights, nutrients and automated systems. ● Since plants are grown in a controlled environment, constant monitoring is required. ● The process of hydroponic farming depends on a range of equipment that requires proper expertise.

26 ● High level of energy consumption, because of air pumps, providing light, water pumps and the running of other appliances. ● Normally we cannot grow root vegetables through hydroponics. ● Heavy fruiting plants may need elaborate forms of support.

Suggestions

● There is no need to worry about land requirements. ● Roots don’t need to spread because water and nutrients are delivered directly to them, hence more plants can be grown in the same amount of space. ● More energy can be diverted into the growth of leaves, stems, vegetables and fruits and hence, 30% to 50% faster growth can be achieved. ● We can produce food anywhere in the world at any time of the year as climate and light can be controlled. Food grown in this way is nutritionally superior. ● The risks of pests will reduce substantially. ● They use less water than traditional soil-based systems. Moreover, the water can be filtered, repopulated with nutrients and fed back to plants. The same water can be used over and over again. Overall, it reduces water dependence by as much as 90%. ● Global human population will reach 10 billion by 2050 and in 2019 about 124 million people will face acute food shortages from climate related events. Hence, it is seen as a sustainable solution towards food security.

Being Petroleum-Independent

The share of bio-ethanol in petrol has risen to nearly 8% by volume, under the 2018 National Policy on Biofuels. Faster Adoption and Manufacturing of Electric vehicles (FAME-II) now focus largely on Electric Vehicles, instead of Hybrids. Government has also provided several additional fiscal and non-fiscal incentives to encourage a transition to electric vehicles.

Issues

● At present, the electric mobility initiative in India is driven largely by new entrants in the two and three-wheeler space. ● Market leaders have adopted a wait and watch attitude. ● Two wheelers, which consume nearly 2/3rd of the petrol used in India, are not subjected to any fuel efficiency standards. ● Recent analysis by International Council on Clean Transportation suggests that a standard requiring 50% reduction in fuel consumption by new two wheelers by 2030 will not only lead to Internal Combustion Engine (ICE) efficiency related improvements, but also ensure that nearly 60% of all new two wheelers sold in India are electric driven.

Suggestions

● The Government should formulate a Zero Emission Vehicle (ZEV) programme.

27 ● This would require vehicle manufacturers to produce a certain number of electric vehicles. ● These are already implemented in China, certain states in the USA, British Columbia in Canada, and South Korea. ● The Government should also strengthen fuel efficiency requirements for new passenger cars and commercial vehicles. ● FAME focussed on two and three wheelers, taxis and buses. ● It should be extended not only to all passenger cars and commercial vehicles, but also to agricultural tractors. ● Extending fiscal incentives to all kinds of vehicles and stepping up investments in charging infrastructure are essential complementary policies. ● GST rates for all passenger vehicles should be made proportional to their fuel efficiency level instead of the present system that relies on vehicle length and engine size.

The Structural Fragility of Union Territories

There was a realization that the administration of these territories directly by the President through the administrators under Article-239 does not meet the democratic aspirations of the people. The creation of a Legislature and Council of Ministers is logical, and in consonance with the policy of the State, to promote democracy. Article-239A was originally brought in 1962, to enable Parliament to create legislatures for the UTs.

Issues

● There can be a Council of Ministers without a Legislature or there can be a Legislature as well as a Council of Ministers. ● A Legislature without a Council of Ministers or a Council of Ministers without a Legislature is a conceptual absurdity. ● In our Constitutional scheme, a Legislature is the law-making body and a legislative proposal is initiated by the Government, which is responsible to the Legislature. ● Neither can the Legislature exist without a Council of Ministers nor can the Council of Ministers exist without a Legislature. ● A Legislature that is partly elected and partly nominated is another absurdity. ● A simple amendment in the Government of Union Territories Act, 1963 can create a Legislature with more than 50% nominated members. ● It is not understood how a predominantly nominated House promotes representative democracy. ● The Government of Union Territories Act provides for a 33-member house for Puducherry of whom three are to be nominated by the Central Government.

Suggestions

28 ● No doubt there is provision for nomination of members to the RajyaSabha as per Article 80 (1)(a). ● Clause (3) of the Article specifies the fields from which they will be nominated. ● The purpose of this nomination is to enable the House to draw on the expertise of those eminent members who are nominated and thus enrich the debate in the House. ● There is huge power vested with the Lieutenant Governor in the UTs. ● The Administrator has the right to disagree with the decisions of the Council of Ministers and then refer them to the President for a final decision. ● The President decides on the advice of the Union Government. So, it is the Union Government, which finally determines the disputed issue. ● The Administrator can, in fact, disagree with all crucial decisions taken by the State Government. ● The experience shows that the UTs having legislatures with ultimate control vested in the Central Administrator are not workable. ● Hence, it is time to remove legal and constitutional provisions, which enable the Administrator to act like a “super power”.

The Absurdity Of the Anti-Defection Law

Anti-defection law was included in the Constitution as the 10th Schedule in 1985. It is to combat the evil of political defections. The main purpose was to preserve the stability of Governments and insulate them from defections of legislators from the treasury benches. It disqualifies MP or that of a State Legislator, if they voted on any motion contrary to the directions issued by their party.

Issues

● The provision is not limited to confidence motions or money bills. ● It applies to all votes in the House, on every bill, and every other issue. ● It even applies to the Rajya Sabha and Legislative Councils, which have no say in the stability of the Government. ● MP or MLA has absolutely no freedom to vote their judgment on any issue. ● They have to blindly follow the direction of the party. ● This provision goes against the concept of representative democracy. ● Several dubious methods are being used to topple the Government. ● Total membership of the House is reduced through resignations, recently in Puducherry, not long back in Karnataka as well in Madhya Pradesh. ● Any person disqualified for defecting cannot get a ministerial position, unless they are re-elected, and now members are resorting to resignation rather than voting against the party. ● In other instances, the Speaker, usually from the ruling party, has been delaying taking a decision on the disqualification.

29 ● This led to strange situations such as members who continue to be part of the main opposition party becoming Ministers, as happened in Andhra Pradesh in term of the last Assembly. ● The Supreme Court has tried to plug this by ruling that the Speaker has to take the decision in three months, but it is not clear what would happen, if a Speaker does not do so.

Suggestions

● Anti-Defection law has been detrimental to the functioning of our legislatures as deliberative bodies, which hold the executive to account on behalf of citizens. ● It has not done the job of preserving the stability of Governments either. ● The 10th Schedule to the Constitution must be repealed.

Guidelines to the OTT Platforms - In Tune with the Changing Times

For the first time, the Government brought in detailed guidelines for digital content on both digital media and Over-The-Top (OTT) platforms, while giving overriding powers to the Government to step-in.

Issues

● There have been widespread concerns about digital content, especially on OTT Platforms, says the Government. ● There were 50 Parliamentary questions in the recently concluded first part of the budget session. ● The digital media platforms have no monitoring mechanism like TV News media or the Print media. ● TV has to follow the code under the Cable Television Networks (Regulation) Act, 1995 and Print media is regulated by the Press Council of India. ● There is a Censor Board for the Films, but OTT Platforms have no such mechanism. ● Despite the Ministry’s request, OTT platforms have not come up with a satisfactory self-regulatory mechanism.

Suggestions

● These are on the expected lines and quite mild compared to the kind of pre-censorship of content many were fearing. ● These rules stemmed from the industry’s failure in formulating a code of self-regulation. ● The age-related restrictions / classifications do not exist in several other countries. Hence, now they are required to implement parental locks, and reliable age verification mechanisms. ● The move will lead to consolidation in the OTT industry or shutting down of Niche apps, which have relied on obscene content.

30 ● There are various categories of ratings now, which may become more cumbersome for content creators as well as the platform. ● The players and creators will have to probably re-look at the kind of content they want to make, since these ratings will directly impact the commercials involved.

Exercising Self Defence Is a Nation’s Primary Right

Exercising self defence is a nation's primary right, when a situation demands “immediate and proportionate action” and applies also to the attacks by non-state actors, India says at a UN meeting.

Issues

● Customary International Law has long recognised the principles governing the use of force in self-defence. ● Article 51 of the UN Charter is not confined to “self-defence” in response to attacks by states only. ● The right of self-defence also applies to attacks by non-state actors. ● In fact, the source of the attack, whether a state or a non-state actor, is irrelevant to the existence of the right of self-defence. ● India believes that instances where states have exercised the right of self-defence to attack non-state actors located in other states must be consistent with Article 2(4) of the UN Charter.

Suggestions

● There are several armed attacks undertaken by the non-state actors. The host state is unwilling to address the threat posed by the non-state actors. ● It is actively supporting and sponsoring the attack by the non-state actors. ● Hence, a growing number of states believe that the use of force in self-defence against a non-state actor operating in the territory of another host state can be undertaken, if the non-state actor has repeatedly undertaken armed attacks against the state.

Right to Marry? Statist Paternalism towards Adults Has Limits

The Centre responding to plea seeking recognition of same sex marriages said that “same sex relationships are not comparable to the concept of an Indian family unit”.

Issues

31 ● Same sex individuals living together as partners, and having a sexual relationship is not comparable to that of Indian family unit. ● The concept of Indian family unit comprises husband, a wife, and children, which necessarily pre-suppose a biological man as a husband, a biological woman as a wife, and the children born out of the union between the two. ● The Parliament has designed and framed the marriage laws in the Country to recognize only the union of a man and woman, to be capable of religious sanction, and thereby claim legal and statutory sanction. ● The heterosexual marital union is a limited interpretation of family. ● Marriage also works as a civil contract between consenting adults, and as societal signaling by the couple. ● When formalized through religious rituals, marriage further acquires sacramental significance.

Suggestions

● After the legal acceptance in 2018, the Government’s view point denies them of their fundamental rights to life with dignity, equality before law, and right against discrimination by the state on grounds of gender. ● No cultural definition can be greater than human rights, equality, dignity. ● Nothing can be more important than human rights. How can someone else have the power to decide about the rights of an individual? This is extremely unfair. ● Even Hindu Marriage Act talks about marriage between persons and does not specify gender. ● Religion and culture cannot be the benchmark of everything.

Covax Facility

It is COVID-19 vaccine’s global access facility. It is a vaccine sharing scheme. It is led by the World Health Organization, GAVI and the Coalition for Epidemic Preparedness Innovations (CEPI). GAVI is a public private vaccine promoting alliance. CEPI is a foundation that finances research into vaccines for pandemics.

Issues

● In 2009, an outbreak of swine flu (Influenza A H1N1) killed thousands of people worldwide. ● Vaccines were developed within months. They first became available in high income countries, where most doses have been secured through bilateral agreements with drug firms. ● After shortages and production delays, developing countries found themselves pushed to the back of the queue. ● By the time vaccines are available for them three months later, the epidemic has peaked and the vaccines were less useful.

32 Suggestions

● COVAX was established to prevent a repeat of swine flu type instances. ● One of the scheme’s motivations can be considered as humanitarian. ● Another is to hinder the emergence of new variant’s resistance to vaccines. ● The point to note here is the more widely a virus spreads, the more likely it is to mutate. ● Hence, containing the spread through vaccination in the initial stages becomes essential. ● UN Children’s Fund - UNICEF, which will take the leading role in delivering vaccines is preparing to distribute up to 850 tonnes of vaccines per month or more than double the average weight of vaccines it usually transports. ● The number of doses allocated to each country is likely to be limited by persistent global shortages. ● Country’s preparedness also matters. GAVI says COVAX will not deliver to those that will not store and distribute them.

Preamble and Its Significance for Indian Constitution

“We, the people of India” indicates ultimate sovereignty of people of India. Sovereignty means independent authority of the State, not subject to control of any other state or external power. Republic indicates a Government by the people and for the people. the 42nd Amendment replaced the words “Sovereign Democratic Republic” with “Sovereign Socialist Secular Democratic Republic”. It also changed “Unity of the Nation” to “Unity and Integrity of the Nation”.

Issues

● It is not enforceable in Court. ● Democracy has been spoken in the past as political democracy. It is not enough by itself. ● It may be used to obtain a gradually increasing measure of economic democracy, equality and the spread of good things of life to others and removal of gross inequalities. ● Political democracy cannot last unless there lies at the base of it, social democracy. ● Democracy means a way of life which recognizes liberty, equality and fraternity. ● These are not to be treated as separate items in a trinity.

Suggestions

● It states the objectives of the Constitution. ● Social, economic and political justice is an objective. ● Liberty, Equality and Fraternity have also been made ideals. ● It is an introductory statement to a document or a book. ● It explains the book/document’s philosophy and objectives.

33 Revival of JCPOA - An Issue of Trust Deficit between US and Iran

The former US President Barack Obama described JCPOA as his greatest diplomatic success. Iran was then estimated to be months away from accumulating enough highly enriched Uranium to produce one nuclear device. The JCPOA obliged Iran to accept constraints on its enrichment programme. It was verified by an intrusive inspection programme in return for a partial lifting of economic sanctions.

Issues

● Iran's economy was affected badly. It contracted by 7% in 2019, and 6% in 2020. ● It was shaken by a series of unexplained fires and blasts at a number of sensitive sites, including one at the Natanz nuclear facility and another at Khojir, a missile fuel fabrication unit. ● The damage at Natanz, described as ‘sabotage’, was significant. Subsequently, Iran announced that it would be replaced by a new underground facility.

Suggestions

● The EU/E-3 needs to fast track deals with Iran, which include INSTEX pipeline. ● Some of the US sanctions can be reversed like removing sanctions on Iranian political leaders. ● The US should share with the EU/E-3 a 45–60-day time frame for progressive restoration of sanctions relief. ● Iran needs to refrain from any further nuclear brinkmanship. ● The IAEA and E-3 should work on a parallel reversal of steps taken by Iran, to ensure full compliance with the JCPOA.

Nehruvian Ideology of Economic Self-Sufficiency - A Critical Appraisal

The first Prime Minister of independent India Jawaharlal Nehru viewed economic self-sufficiency as necessary and inevitable policy for the preservation of political freedom. He felt that depending on imports for railways, airplanes and guns amounted to being slaves of foreign countries. In his opinion, “whenever these countries wished they could stop sending these things … we would thus remain slaves”.

Issues

● Industry came to be divided into a formal capital-intensive sector, and an informal cottage industry sector. ● Capital got concentrated almost entirely in the formal, and labour in the latter. ● Hardly any attractive job opportunities opened for unskilled workers, except in the public sector.

34 ● India remained primarily agricultural with 66% of the workforce trapped in that sector, till as late as 1987-88.

Suggestions

● Efficiency required the allocation of scarce savings to light manufacturers, allowing them to achieve scale and product quality, necessary to compete in the vast global economy. ● That would have created jobs for the unskilled at decent wages. ● Resulting rising incomes would have led to rise in savings, and provided investible funds for investment in progressively more capital-intensive products. ● This is precisely the strategy South Korea, Taiwan and Singapore followed in the 1960s and 1970s.

Rape and Marriage

Supreme Court asked a Government employee whether he would marry a girl he was accused of raping repeatedly while she was a minor. The Chief Justice of India told the lawyer of the rape accused “We are not forcing you …” The lawyer later told the Court that his client refused to marry the girl, because he was already married.

Issues

● Relationship between two individuals, including marriage, is built around love, respect, trust and consent. ● Within the civilized framework, a violent and exploited act like rape has no place. ● By offering marriage as a solution to a rape victim, the judiciary failed to protect the rights of a girl. ● The battle for equality becomes more difficult when people in high offices make offensive remarks. ● Already India is suffering from misogyny (tendency of hating women), patriarchal mindsets and other failings such as blaming the victim for rape.

Suggestions

● On marital rape, though the recommendation was not included in the act, Justice J.S. Verma Committee was clear; the law ought to specify that a marital or another relationship between the perpetrator and a victim cannot be a defense against sexual violation. ● Citing the judgment of the European Commission of Human Rights in C.R. vs U.K., it endorsed the conclusion that “a rapist remains a rapist regardless of his relationship with the victim”.

35 Cryptocurrencies – Pros and Cons - A Critical Appraisal

The Draft Cryptocurrency Bill has sparked a heated debate on the future of private currencies in India. However, the proposed bill does not have the words “banning of”, which was recommended by the inter-ministerial committee. The Cryptocurrencies are based on blockchain technology.

Issues

● Govt. cannot allow the use of crypto tokens as currency for people and businesses to make and receive payments, substituting official fiat currency. ● Govt. cannot allow its citizens with imperfect knowledge of cryptocurrencies to get trapped in the asset bubble, that Bitcoin actually is at present. ● The monetary policy becomes ineffective, if the cryptocurrencies are used for payments. ● Moreover, illicit flows to terror organisations and the black money crossing the borders of the nation and resulting in investments in foreign countries are also other possibilities. ● Whatever way we look at it, the Government cannot allow cryptocurrencies for making various payments. Hence, to prevent cryptocurrency being used for money laundering, financing illegal activities or for doing transactions in the dark market, the banning of the cryptocurrency is the only option.

Suggestions

● As long as the internet is there, Crypto transactions are difficult to be stopped. Even if a ban is imposed, it will neither be monitorable nor enforceable. ● People are already familiar with the use of remote desktops and VPNs (Virtual Private Networks), which make any kind of restrictions in the telecom sector useless. ● Government’s fear is that it is difficult to monitor, but crypto is the most secure, transparent and public way of exchanging money. ● The technology also provides a transparent and auditable trail of money, unlike cash transactions. ● In Countries where crypto is regulated, Crypto exchanges become anchor points for tracking the flow of funds, and they are following strict KYC norms like banks. ● Cryptocurrency has got the advantage in terms of both speed and price for the transfer of funds. ● The fee for transfers is negligible and fixed irrespective of the amount of transfer from anywhere to anywhere in the World. ● It not only brings employment opportunities across the states, nations and boundaries, but brings other dimensions to finances, personal, professional, social and national. ● Several companies are now in favour of adopting Cryptocurrencies.

36 Vodafone, Cairn and Retrospective Taxation - Solve the Issue Amicably

For the Indian Foreign Direct Investment landscape, the year 2020 was highly fruitful. But international decisions against the Government of India in case of Cairn Energy and Vodafone, and the decision by India to appeal against these awards probably punctured the bag of investment trust. India promised to honour its commitments to foreign investors under Bilateral Investment Treaties.

Issues

● On September 25, 2020, the Permanent Court of Arbitration of The Hague (PCA) ruled that India’s imposition on Vodafone of Rs. 27,900 Cr in retrospective taxes, including interest and penalties, was in breach of India – Netherlands BIT. ● It ordered the Govt of India to reimburse legal cost to Vodafone of approximately Rs. 45 Cr. ● There was no award on damages. ● India challenged this decision on the last day of the challenge window. ● On December 22, 2020, the Permanent Court of Arbitration (PCA) ruled that India had failed to uphold its obligations to Cairn under the India – United Kingdom BIT by imposing a tax liability of Rs. 10,247 Cr and the consequent measures taken to enforce the liability. ● The PCA ordered the Govt. of India to pay Cairn approximately Rs. 9,000 Cr for the total harm suffered by Cairn. ● Cairn has reportedly initiated proceedings in Courts of the USA, UK, The Netherlands, Canada and Singapore to enforce the award against India. ● No proceedings have been initiated in the National Jurisdiction for enforcement – Indian Courts. ● In Vodafone, the Government of India simply imposed a tax demand, but in Cairn case, it enforced the tax demand by a series of unilateral measures such as seizure and sale of Cairn’s shares, seizure of the dividends, and withholding of tax refund due to Cairn as a result of over payment of capital gains tax in a separate matter. ● The retrospective taxation and the Government of India’s actions in Cairn are criticized by the international experts as unfair and inequitable. They far exceeded the limit freedom of executive action under International law.

Suggestions ● Instead of contesting the decision of the Tribunal, it is better if the dispute is amicably settled. ● India is among the top-12 recipients of FDI globally. ● The increased FDI inflows in India over the years are testament to the attractive investment opportunities available to foreign investors in India. ● Therefore, it is better if the Government looks at amicably solving the issues pertaining to Vodafone and Cairn. ● Now, both the parties should evaluate constructive options and arrive at an acceptable solution.

37 “Free” To “Partly free” - Report By freedom House & Strong Rebuttal by India

US based Human Rights watchdog Freedom House has accused the Prime Minister of driving India towards authoritarianism. It says that it is founded on the core conviction that freedom flourishes in democratic nations where Governments are accountable to their people. Freedom House, which is largely funded through US Government grants, has been tracking the course of Democracies since 1941.

Issues

● The Country abandoned its potential to serve as a global democratic leader, elevating narrow Hindu nationalist interest, at the expense of its founding values of inclusion and equal rights for all. ● It came down heavily on the government shutting down internet connectivity in Kashmir, as well as on Delhi’s borders. ● The other reason for the downgrade is the continued crackdown on critics. ● The report also said ham-fisted lockdown that resulted in unplanned displacement of millions of internal migrant workers. ● Crackdown on protests opposed to discriminatory Citizenship Law. ● There were also arrests of dozens of journalists who aired criticism of the official pandemic response. ● It also faulted Uttar Pradesh Law prohibiting forced religious conversions through inter-faith marriages.

Suggestions

● The Government attaches highest importance to the safety and security of all residents of the country, including journalists. ● It says that freezing of Amnesty International’s assets has led to the decline in ranking. ● Amnesty International had received permission under Foreign Contribution Regulation Act only in 2000. ● Since then, despite their many applications, they were denied FCRA approvals by successive Governments because they are not eligible. ● However, to circumvent the FCRA regulations, Amnesty UK remitted a large amount of money to four entities registered in India by misclassifying the remittance as FDI. ● The malafide rerouting of law was in contravention of the law and led to freezing of the organization's assets.

38 Red Echo And Emerging Cyber Threats - Are We Geared Up To Face Them?

A Cyber security firm Recorded Future reported malware attacks by a Chinese group “Red Echo” on large swathes of India’s power sector in the past few months. The Ministry of Power confirmed it was aware of this. It also said that there was no data breach and no connection to the October 12 blackout in Mumbai. Cyfirma, another cyber security group claimed Chinese hackers had targeted Bharat Biotech and Serum Institute of India. Recorded Future also claimed that Chinese hackers had targeted 10 entities of India’s power grid plus two maritime ports, when the company first notified the CERT on February 10 of the hacking.

Issues

● The National Security Council chaired by the National Security Advisor plays a key role in shaping India’s Cyber policy ecosystem. ● The NSA also chairs the National Information Board, which is the apex body for cross-ministry coordination on cyber security policy making. ● National Critical Information Infrastructure Protection Centre (NCIIPC) established under the National Technical Research Organization (technical intelligence Agency under NSA) in 2014 was mandated to facilitate the protection of critical information infrastructure. ● In 2015, the Prime Minister established the office of the National Cyber Security Coordinator, who advises the Prime Minister on strategic cyber security issues. ● Computer Emergency Response Team (CERT-In), which is the nodal agency corresponding to various cyber security threats to non-critical infrastructure comes under MeitY. ● The Ministry of Defence recently upgraded the Defence Information Assurance and Research Agency to establish the Defence Cyber Agency. ● The Ministry of Home Affairs oversees multiple similarly named coordination centres and focus on law enforcement efforts to address cyber crime, espionage and terrorism. ● The Ministry of External Affairs coordinates India’s cyber diplomacy push both bilaterally with other countries and at the International forums like United Nations.

Suggestions

● At present, there are concerns around effective coordination, overlapping responsibilities and lack of clear institutional boundaries and accountability. This needs to be clarified in India’s National Cyber Security Strategy, which is the update of National Cyber Security Policy, 2013. ● India is yet to articulate a doctrine that holistically captures its approach to cyber conflict. There is no crystal clear doctrine, and we need one such just like No First Use doctrine for Nuclear weapons use. ● Secrecy and ambiguity surrounding a nation’s doctrine and capabilities do not provide tactical advantage. ● India should contribute to global crafting norms for responsible state behaviour in cyberspace.

39 ● Precise articulation of how International Law applies to cyberspace, which could mould the global governance debate, is the need of the hour. It should include positioning on non-binding norms, but also legal obligations on red lines with respect to cyber space targets. ● Coordination is needed between the Government and the private sector, as well as within the Government itself and at the national and state levels. ● A clear public posture on Cyber defence and warfare boosts citizen confidence, helps build trust among allies. It also clearly signals intent to potential adversaries enabling a more stable and secure cyber ecosystem.

Electromagnetic Spectrum - Strained Telecom Sector Is Treading Cautiously

In India’s first auction of telecom spectrum in five years, the Government generated a revenue of Rs. 77,815 crore. Reliance Jio accounted for close to 60% of the spectrum bought, followed by Bharti Airtel and Vodafone Idea.

Issues

● The 700 MHz band, as also 1,800 MHz, 2,100 MHz, and 2,300 MHz bands, are seen playing an important role in the 5G rollout (the fifth generation of mobile networks). ● The 5G networks promise to connect everybody as also everything much faster and with much lower latency. ● The 700 MHz have no takers because of its prohibitive floor price. Some see this expecting the Government to scale down the reserve price. ● In these rounds of auctions, the “C-band”, i.e. the “king” in 5G (band between 3,300 MHz - 4,200 MHz) was not on offer.

Suggestions

● Spectrum bands have different characteristics, and this makes them suitable for different purposes. ● Low-frequency transmissions can travel greater distances before losing their integrity, and they can pass through dense objects more easily. Less data can be transmitted over these radio waves. ● Higher-frequency transmissions carry more data, but are poorer at penetrating obstacles.

Coal Bed Methane - Not Much Action on the Ground

40 CBM is an unconventional natural gas that occurs in coal beds in absorbed form and it is held tightly in reservoirs and can be obtained during the coalification process. It requires special stimulation and technologies to produce it economically. Methane is the main component. Hence, CBM can be used as natural gas. But it is difficult to extract in comparison to conventional natural gas.

Issues

● Methane is 25-30 times more potent greenhouse gas than Carbon dioxide. ● It poses a safety challenge in underground coal mines. ● It needs to be ventilated for securing the workplace and carrying out mining operations. ● Hence, it is drained and let out into the atmosphere. ● Its release into the atmosphere is a matter of great concern. ● It needs to be controlled to mitigate global warming.

Suggestions

● We urgently require enabling mechanisms in terms of policy initiative and administrative transparency, coupled with requisite data / information depository. ● It requires international collaboration. ● International technology providers/operators may select an Indian partner of their choice to implement CBM projects in India. This will not only ensure introduction of contemporary technology to suit Indian conditions but also mitigate risk of investment. ● Technology transfer, however, should be mandatory as per a clearly-laid-out roadmap in sync with ‘Atmanirbhar Bharat’ objectives.

Fiscal Federalism - Growing Mistrust between the Centre and the States

The tax sharing deal was modest when the 1st Finance Commission was appointed in 1951. States were assigned half the income tax collected by New Delhi. The 1st Finance Commission added a 40% share of union excise duties on three commodities. Subsequent Finance Commissions increased the share of States in income tax revenue as well as the number of commodities in the list of Union excise duties to be shared. In 2000, as a result of a Constitutional amendment, all taxes collected by the Union Government were made shareable with States.

Issues

● It recommended a sharp increase in the share of taxes to be devolved to States to 42%. ● This was 10 percentage points higher than the devolution formulae of the previous panel.

41 ● In reality, the actual share of States in the gross revenues of the Union Government has been less than 35% in the past five years. ● The reason is Cess and Surcharges, which are not required to be shared with the States, increased substantially. ● The share of Cesses and Surcharges in gross central tax revenues has nearly doubled from 10.4% in 2011-12 to 19.9% in 2021-22.

Suggestions

● The Country’s inability to increase its share of taxes as a proportion of GDP over the past three decades means that Indian fiscal federalism has been reduced to a zero-sum game. ● One player gains only at the expense of another, when it comes to sharing the resources. ● This is precisely the reason that the 15th Finance Commission has recommended a slew of fiscal reforms to increase the tax to GDP ratio, especially through an overhaul of the Goods and Services Tax.

Some Headway in Ken-Betwa Link Project

On the World Water Day, on March 22, Memorandum of Agreement was signed among the Ministry of Jal Shakti and the Government of Madhya Pradesh and Uttar Pradesh to implement Ken-Betwa Link Project (KBLP). It is the first project under the National Perspective Plan for interlinking of rivers. It envisages transferring water from the Ken river to the Betwa river, both the tributaries of Yamuna.

Issues

● The project lies in the Bundelkhand region, a drought prone region which spreads across 13 districts of MP and UP. ● The main concern is the Panna Tiger Reserve. ● As per the National Water Development Agency under the Jal Shakti ministry, the Daudhan dam to be built on the Ken river will be 77 m high. ● It is expected to submerge around 9,000 hectares, out of which 5,803 hectares comes under Panna Tiger Reserve. The latter include 4,141 hectares of forest area, which is about 7.6% of the total Panna Tiger Reserve area.

Suggestions

● In 1980, the Ministry of Irrigation prepared a National Perspective Plan for water resources development. ● It envisaged inter-basin water transfer. ● It comprises two components, one is Himalayan rivers development, and the other one is peninsular river development.

42 ● Based on this NPP, the National Water Development Agency identified 30 river links, 16 under the peninsular component, and 14 under the Himalayan component.

An Insight into Enabling the Business of Agriculture by the World Bank

World Bank recently published Enabling the Business of Agriculture (EBA), 2019. Based on 8 indicators, the EBA measures the extent to which Government regulatory systems in 101 Countries worldwide make it easier for their farmers to operate agricultural activities.

Issues

● Inadequate access can cause productivity loss, higher cost of food production, and uncertainty. ● Lower capacity of farmers and uncertainty makes farmers reluctant in accepting new opportunities and adapting new plant varieties. ● The regulatory processes that help farmers make appropriate decisions regarding the level of investment in irrigation are measured by this indicator. ● Regulatory system is essential for reducing the variability of farm output prices and incomes. ● It captures the quality of regulations affecting farmers’ access to livestock farming inputs. ● It is incidental to note that the credit availability for the livestock sector is not up to the required level. ● The quality of legislation on Sanitary and Phytosanitary Measures (SPS) is captured through this. ● It facilitates not only human health protection, at the same time, it facilitates ease in exports. ● Gaining access to the global agricultural value Chain requires a sound regulatory framework on SPS.

Suggestions

● Comparative score of India on supplying seed, trading food, and accessing finance indicators is high. ● A robust seed supply system is required for improving yield and adopting new crop varieties. ● The trading food indicator assesses laws and regulations that facilitate exporting of farm products by the farmers. ● A robust warehouse receipts system enables the farmers to obtain the credit needed to invest in agriculture. By using warehouse receipts as collateral, farmers can receive credit. ● The future of World Agriculture and food production is expected to depend on middle income countries like China, India, Brazil and Indonesia. ● To make the best use of this great opportunity, India needs to put in place an agricultural regulatory system that would make it easier for its farmers to conduct agricultural activities, thereby improving productivity, competitiveness and income.

43 National Food Security Act, 2013 - High Time to Revisit the Provisions

The annual food subsidy bill of the Centre is expected to be about Rs. 2.5 Lakh Cr. The quantity of food grains drawn by the states (annually) hovered around 60 to 66 million tonnes.

Issues

● Even after several decades of poverty reduction in the country, we are still providing food grains to 2/3rd of the total population. ● It is incidental to note that, as per Rangarajan Committee formula in 2014, the share of people living below the poverty line in the 2011 population census was 29.5% (about 36 Cr). ● It is time the Centre had a re-look at the overall food subsidy system, including the pricing mechanism. ● Even though States have been allowed to frame criteria for the identification of Priority Households (PHH) cardholders. the Centre can nudge them into pruning the number of such beneficiaries. ● By keeping low prices for the absolutely needy people, we can ask other beneficiaries to pay a little more.

Suggestions

● It is incidental to note that the overall food grain production in the country is hovering around 280-300 million tonnes. ● Now, NFSA entitlements cover 2/3rd of the country’s population. Each beneficiary is provided with 5 Kg of rice or wheat per month. ● The Central Issue Price (CIP) remained Rs. 2/kg for Wheat, and Rs. 3/kg for Rice for years, even the NFSA envisaged a price revision after three years. ● Several states are providing food grains at Rs. 1/kg or at Zero price in States like Karnataka and West Bengal. Centre provides assistance to the States for carrying the food grains, even up to the ration shop. ● The origin of rice subsidy goes back to 1967, when one of the political parties in Tamil Nadu promised three measures (approximately 4.5 kg) at Rs. 1 and the Telugu Desam Party in 1983 in Andhra Pradesh at Rs. 2/kg. It is incidental to note that in 1983, the market price of rice was around Rs. 4 a kg.

Cyber Crime Volunteers Programme - Horizontal Surveillance Is Dangerous

Indian Cyber Crime Coordination Centre (I4C) launched Cyber Crime Volunteers Programme. I4C is under the Ministry of Home Affairs. It allows citizens to register themselves as Cybercrime

44 volunteers. They will be in the role of unlawful content flaggers. As per the official website of National Cyber Crime Reporting Portal, it will help law enforcement agencies in identifying, reporting and in the removal of illegal, unlawful online content. The programme will be launched all over the country and it will have its test run in Jammu & Kashmir and Tripura. I4C aims to bring together citizens with passion to serve the nation on a single platform and contribute to fight against Cyber Crime.

Issues

● State sponsored lateral surveillance is harmful as it creates a culture of hate, fear and constant suspicion against an enemy. ● It violates the Fundamental Right to Privacy, and hence, consequently, the unfettered expression of free speech and behaviour. ● This culture places a duty on people to “keep an eye-out” for their own safety and this heightens the fear of crime in society. ● This is not the first time that the State sponsored lateral surveillance has been implemented in India. ● C-Plan app in Uttar Pradesh launched for keeping a tab on anti-social elements. It is designed to receive inputs from certain identified individuals in villages across the State. ● These individuals have been given the responsibility to solve local problems such as providing information about simmering communal tensions or land disputes taking place in their respective villages through the mobile application.

Suggestions

● It is used to further emotional objectives such as community building and strengthening relationships with neighbours. ● Here, emotional and social factors act as a driving force. ● It creates a situation where privacy may be undermined for the betterment of the community. ● It makes it easier to discriminate between those who conform to the social norms of the majority. ● LGBT Community in South Korea came under the scanner, after a cluster of novel Coronavirus cases were reported from a particular area. ● It resulted in several comments against the patients, who tested positive from the community. ● It increased troubles for the people belonging to the sexual minority.

Electoral Bonds Have No Place in Democratic Polity

They can be purchased by any Indian Citizen or a body incorporated in India. They can be bought for any amount in multiples of Rs. 1,000, Rs. 10,000, Rs. 1 lakh, Rs. 10 lakh and Rs. 1

45 Cr. The donor gives the electoral bond to the political party of his choice, within 15 days after issuance of the bond. The validity is 15 days. These are intended to increase transparency in political funding i.e., clean money.

Issues

● Anonymous from voter’s perspective ● MNCs with Indian subsidiaries can donate unlimited amounts and the common man never knows about it. ● Government can pressurize corporates to give donations. ● Government can also pressurize corporates not to give donations to opposition parties. ● Corporates can influence public policy. ● Increases anonymous money power in politics. ● Strikes at the root of the representative democracy.

Suggestions

● Government knows the donor because details through “Know Your Customer” are collected by the SBI. SBI can also ask for additional information from the donor. ● The rules also allow the information to be given to investigation agencies or courts, if necessary. ● Hence the donor is not anonymous from a Government perspective.

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