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Explained
In Kejriwal bail, lens on ED’s power to arrest
UPSC Syllabus:
Preliminary Examination: Polity
Mains Examination: GS-II: Constitution and polity
What’s the ongoing story- In granting interim bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case, the Supreme Court on Friday raised the bar for arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), 2002.
Prerequisites:
— What is the role and power of ED?
— What is the Prevention of Money Laundering Act (PMLA), 2002?
— What is the bail provision under PMLA?
Key takeaways:
— The SC did not really make a finding on whether Kejriwal’s arrest was legal or not — but it did find sufficient grounds to question how the ED uses its power to arrest. This issue required “in-depth consideration” by a larger Bench, the court said.
— In 2022, a three-judge Bench headed by Justice A M Khanwilkar (now retired) in Vijay Madanlal Choudhary v Union of India had upheld the PMLA and virtually all of the ED’s powers, including its power to arrest. However, the ruling did not specifically address the principles on the necessity to arrest. A Bench of five judges will now have to hear the issue.
— The SC’s ruling on Friday is essentially on the ambit of Section 19 of the PMLA, the provision in the law from which the ED draws its power to arrest.
— The bar for bail under PMLA, which imposes a reverse burden of proof — which means that instead of the prosecution having to prove their accusation, it is the accused who must prove their innocence — too, is different from ordinary criminal law.
— Under PMLA, the test for bail is a prima facie finding by the court that the accused is not guilty. In Vijay Madanlal, one of the grounds on which the SC upheld the stringent bail provisions was that the power to arrest is also narrow compared to ordinary law.
For Your Information:
— Two key amendments to the Act:
— In 2009: ‘Criminal conspiracy’ under Section 120B of the Indian Penal Code was added to the PMLA’s schedule among various other offences. This has, over the years, allowed the ED to enter any case where a conspiracy is alleged, even if the principal offence is not part of the PMLA’s schedule.
— In 2012: The PMLA was amended to move the Prevention of Corruption Act, 1988 (PC Act) to Part A of the statute’s schedule from Part B. This was a significant move as it applied stringent bail conditions on those accused of corruption.
Points to Ponder:
— How the bail provision under PMLA is different from ordinary bail?
— What are the concerns related to the recent amendments to PMLA?
Post Read Question:
Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (UPSC CSE 2021)
Other Important Articles Covering the same topic:
How anti-money laundering law came to have a vast scope, granting police powers to ED
Deregulating non-subsidised fertilisers
UPSC Syllabus:
Preliminary Examination: Economy
Mains Examination: GS-III: Economy
What’s the ongoing story- The political situation practically rules out any significant increase in the maximum retail price (MRP) of urea, leave alone bringing this fertiliser under the “decontrolled” nutrient-based subsidy (NBS) regime. The urea MRP has been fixed at Rs 5,360 per tonne since November 2012, and at Rs 5,628 with neem oil-coating from January 7, 2015.
Prerequisites:
— What is the nutrient-based subsidy (NBS)?
— What is the purpose of urea?
— What are water-soluble fertilisers (WSF)?
— Significance of Nitrogen, Phosphorus, calcium, magnesium, and Potassium for crops
Key takeaways:
— NBS fertilisers are technically decontrolled: manufacturers or importers only receive a per-tonne subsidy linked to their individual N, P, K, and S content. In the past two years, however, even these fertilisers have been brought under informal price control.
— Registering a new fertiliser product takes an average of 804 days in India, according to the World Bank’s ‘Enabling the Business of Agriculture 2019’ report. This is against 570 days in Russia, 528 in Brazil, 356 in Pakistan, 270 in China…
— “The government should grant automatic registration for any new product meeting two requirements — a minimum content of total plant nutrients, and a maximum limit of heavy metals and other contaminants.” Sanjiv Kanwar, managing director, Yara Fertilisers India Pvt. Ltd, said.
— This procedure of automatic registration, subject to the product confirming to basic quality parameters and truthful labeling, is already being implemented in water-soluble fertilisers (WSF).
— “The WSF model can be extended to all fertilisers on which the government pays no subsidy. Our farmers would, then, get access to the latest innovative products that their peers in Europe or US can, without such long waits,” Kanwar said.
— There is a proposal currently to deregulate liquid fertilisers on the lines of WSFs, with a minimum content of 15% total primary nutrients and the same heavy metal contaminants limit.
— The industry is clearly pitching for deregulation of non-subsidised fertilisers as the first step before decontrol of urea and NBS fertilisers — whenever that becomes politically feasible.
For Your Information:
— The nutrient-based subsidy (NBS) system, instituted in April 2010 by the previous United Progressive Alliance (UPA) government, was expected to promote balanced fertilisation. Here subsidy was linked to nutrient content.
— NBS achieved its objective initially. But NBS failed simply because it excluded urea.
Points to Ponder:
— What are the impacts of excessive use of urea by the farmers?
— Critically analyse the subsidy-based fertiliser regime of India.
— What steps need to be taken to address the issue of overuse of urea?
Post Read Question:
Why does the Government of India promote the use of ‘Neem-coated Urea’ in agriculture? (UPSC CSE 2016)
(a) Release of Neem oil in the soil increases nitrogen fixation by the soil microorganisms
(b) Neem coating slows down the rate of dissolution of urea in the soil
(c) Nitrous oxide, which is a greenhouse gas, is not at all released into atmosphere by crop fields
(d) It is a combination of a weedicide and a fertilizer for particular crops
Other Important Articles Covering the same topic:
How the next government will push ‘balanced fertilisation’
Editorial
Just a bargaining chip
UPSC Syllabus:
Preliminary Examination: Indian Polity and Governance
Mains Examination: GS-II: Governance, Constitution, Polity
What’s the ongoing story- Amitabh Kundu and Govind Bhattacharjee write: The concept of special category status was introduced in 1969 by the Planning Commission in the Fourth Five-Year Plan. It was an instrument of positive intervention for allocating higher plan assistance to a few states (through the National Development Council, NDC) that were handicapped due to location and socio-economic factors.
Prerequisites:
— What is the special category status?
— What was the purpose of the Planning Commission?
Key takeaways:
— Initially, only three states, Jammu and Kashmir, Assam and Nagaland, were given this status. Later, all northeastern states and Uttarakhand and Himachal Pradesh were given special category status.
— The NDC provided plan assistance to states by using the Gadgil formula — higher weightage to population and economic deprivation — after reserving 30 per cent of funds for the special category states (SCS). The Finance Commission (FC) also recognised J&K, Assam and Nagaland as SCS in 1969.
— This is reflected in higher per capita transfers to the SCS since the Fifth FC in 1969. The Centre pays 90 per cent to SCS in centrally-sponsored schemes as grants and the rest 10 per cent as loans, as against 60 or 75 per cent grants in the case of other states.
— Much of this is now a matter of the past with the Planning Commission being replaced by NITI Aayog. All the Centre to state transfers are being done through FC, except the central sector and centrally-sponsored schemes.
— The demand for securing the SCS status has gone up in recent years, especially with the increasing presence of regional parties in the central government. It has, in fact, become a tool of political bargaining.
— The 14th FC did not consider special category states in its recommendations, although it analysed in detail the nature and rationale of the demands of the states and the alternate perspectives… The Commission also sanctioned special grants for meeting the specific challenges of these states.
— The 15th FC made no mention of the SCS. However, the eight northeastern and two hilly states of Uttarakhand and Himachal Pradesh (J&K going off the list after becoming a UT), which accounted for only 5.2 per cent of the population, were assigned 10.5 per cent share of the devolved taxes, resulting in lower shares for the southern and western states.
— The Planning Commission had proposed a framework for the identification of SCS, but updating that in the contemporary context would be extremely challenging.
— Studies have shown that the net benefits a state would get through SCS can easily be achieved through full and proper utilisation of funds under sanctioned projects and tapping existing opportunities, backed up by a reasonable package from the Centre
For Your Information:
— In the past, the NDC considered factors such as difficult and hilly terrain, low population density and/or a sizeable share of tribal population, strategic location along borders, economic and infrastructural backwardness, and non-viable nature of state finances.
— The NITI Aayog, which has replaced the Planning Commission, has no power to allocate funds — therefore, the discretion that the ruling party at the Centre had to dole out special favours to states through the Plan panel, no longer exists.
Points to Ponder:
— What are the issues and concerns related to the Special Category Status?
— What is the need for special packages for a few states?
— Why Bihar and Andhra Pradesh are demanding SCS?
Post Read Question:
Consider the following statements:
1. Part V of the constitution provides for the provision of Special Category Status to the states.
2. With the formation of NITI Aayog, Special Category Status was diluted through constitutional amendment.
Which of the following statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Other Important Articles Covering the same topic:
Why Bihar, Andhra are unlikely to get special status, package instead
Casting the net too wide
UPSC Syllabus:
Preliminary Examination: Current events of national and international importance
Mains Examination: GS-II: Polity
What’s the ongoing story- Colin Gonsalves writes: It is in the nature of government, particularly these days, that persons in high places will suddenly come up with a bright idea and without much ado, draconian laws are made and pushed through Parliament… One such legislation has now been tabled in Maharashtra — the Special Public Security Act, 2024.
Prerequisites:
— What is the new law tabled in the Maharashtra legislature?
— What are the Unlawful Activities Prevention Act, the National Security Act and the Public Safety Acts?
Key takeaways:
— “The Bill is crudely drafted to crush freedom of speech and expression. It is meant to make impossible vigorous non-violent struggle against oppression. All the provisions of the Bill are already contained in the Unlawful Activities Prevention Act, the National Security Act and the Public Safety Acts.”
— “Why, then, is it necessary? The answer is because the state requires a statute that has nothing to do with terrorism but will strike terror in the hearts of human rights activists and cripple their work.”
For Your Information:
— Stating that the “menace of Naxalism” is “increasing in urban areas… through Naxal frontal organisations”, the Maharashtra government on Thursday tabled the Maharashtra Special Public Security Bill, 2024, which proposes jail term even if a person is “not… a member of an unlawful organisation”, but “contributes/ receives/ solicits any contribution or aid” or “harbours” its member, as well as for those who “promote or assist in promoting a meeting” of such groups.
— The Bill grants the state the authority to declare an organisation as “unlawful” — a decision which can be reviewed by an advisory board set up by the state government.
— All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector, says the Bill.
Points to Ponder:
— What is Naxalism?
— What are the concerns and issues with UAPA?
— How does the Supreme Court protect the rights of the citizens?
Post Read Question:
Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities(Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organizations. (UPSC CSE 2019)
Other Important Articles Covering the same topic:
Citing ‘Naxalism in urban areas’, Maharashtra Govt tables Bill
The Ideas Page
Inequality runs through it
UPSC Syllabus:
Preliminary Examination: Current events of national and international importance
Mains Examination: GS-II: Government policies and interventions
What’s the ongoing story- Farzana Afridi writes: Consider the following statistics about a minority group relative to the average of a country. One, the median years of completed schooling of a male household head belonging to this group is almost two years lower. Second, its urban infant mortality rate is almost 5 per cent higher than the average for the entire urban population. Third, a higher percentage of children under five years of age from this minority group are malnourished than the average under-five-year-old in this country. These are statistics for Muslims in India from the most recent 2019-21 round of the National Family Health Survey.
Prerequisites:
— What is the purpose of the National Family Health Survey?
— What was the Sachar Committee report?
Key takeaways:
— These gaps in human development indicators between an Indian Muslim and an average Indian household have been mostly stagnant and persistent over decades.
— Residential segregation of Muslims in India is symptomatic of their low levels of socio-economic development.
— Segregation not only makes minority communities easier targets during communal violence, it has strong negative implications for access to public goods and services… Not only do cities with larger Muslims populations have worse access to public health and education, but within cities too, the segregation of Muslim neighbourhoods results in lower consumption of public goods by this minority group.
— First, the importance of education as a precursor to accessing good and decent work opportunities cannot be emphasised enough. If access to good schools and educational institutions is limited due to segregation of Muslims, they are handicapped even when it comes to applying for good job opportunities.
— Second, it is well-acknowledged that women’s education is strongly, negatively correlated with fertility rates. Not only does the overall educational attainment of Muslims fall dramatically at the tertiary level, the gender gap in educational attainment within the Muslim community is larger.
— The residential segregation of Muslims and the resultant constraints on their accessing quality education and health services are accompanied by shockingly low representation of Muslims in positions of influence, relative to their population.
— The Sachar Report noted that Muslims have constituted merely 3-6 per cent of IAS and IPS officers, district judges or judicial officers for decades. Invisibility in the public sector occurs alongside inadequate political representation relative to the size of the Muslim population
— While more data on the granular aspects of the lives of disadvantaged groups in India is urgently needed, our policies should include economic status as a criterion for receiving state benefits.
— Affirmative action policies in employment and education, besides housing, that account for economic disadvantage (that is, through the EWS category) can address systemic and deep-rooted cultural biases against disadvantaged groups.
Points to Ponder:
— What are the constitutional provisions protecting the disadvanced section of the society?
— What initiatives have been taken by the government to protect economically disadvantaged sections of the society?
— What are the arguments for and against the religion-based reservation?
— What are the recommendations proposed by the Sachar committee?
Post Read Question:
Which of the following committees was constituted to assess the socio-economic conditions of Muslims in India?
(a) Malimath Committee
(b) Rangarajan Committee
(c) Sachar Committee
(d) Deepak Parekh committee
Other Important Articles Covering the same topic:
Economy
Kerala, Uttarakhand top NITI Aayog’s SDG India Index; Bihar worst performer
UPSC Syllabus:
Preliminary Examination: Economy
Mains Examination: GS-III: Economy
What’s the ongoing story- Uttarakhand and Kerala have taken the top spot among states in NITI Aayog’s SDG India Index 2023-24, which assesses sustainable development across states on the basis of the United Nations’ Sustainable Development Goals (SDG).
Prerequisites:
— What is Niti Aayog’s SDG Index?
— What is the purpose of this index?
Key takeaways:
— India’s SDG score improved to 71 points in 2023-24 from 66 points in 2020-21, supported by progress made in poverty reduction, economic growth, and climate action.
— The SDG India Index, which evaluates progress made across 16 goals on a scale of 1 to 100, rated Kerala and Uttarakhand as the best performing states with a score of 79 points each, while Bihar emerged as a laggard with 57 points, followed by Jharkhand at 62 points.
— The SDGs are a set of interconnected global goals established by the United Nations to be achieved by 2030. The latest SDG India Index is in its fourth edition and relies on 113 indicators to assess a state’s performance.
— Among goals, “No Poverty”, “Decent Work and Economic Growth”, and “Life on Land” recorded the highest increase in points across states from 2020-21 scores, while goals like “Gender Equality” and “Peace, Justice, and Strong Institution” saw the smallest increase in points.
— In the latest report, the all-India score for the Zero Poverty goal recorded an increase of 8 points to 72. With respect to the Zero Hunger goal, the score for which increased by 5 points to 52. On the “Quality of Education” goal, which increased by 4 points to 61.
For Your Information:
— The Index for Sustainable Development Goals (SDGs) evaluates progress of states and Union Territories (UTs) on various parameters including health, education, gender, economic growth, institutions, climate change and environment. First launched in December 2018, the index has become the primary tool for monitoring progress on the SDGs in India. It has also fostered competition among the states and UTs by ranking them on the global goals.
— The SDG India Index scores range between 0–100, higher the score of a State/UT, the greater the distance to target achieved. States and UTs are classified in four categories based on their SDG India Index score — aspirant: 0–49; performer: 50–64; front-runner: 65–99, achiever: 100.
Points to Ponder:
— What are the 17 SDG goals?
— What is the purpose of SDG?
— What are the reasons for the poor performance of Bihar?
Post Read Question:
Prelims
Consider the following statements: (UPSC CSE 2016)
1. The Sustainable Development Goals were first proposed in 1972 by a global think tank called the ‘Club of Rome’.
2. The Sustainable Development Goals have to be achieved by 2030.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Mains
Access to affordable, reliable, sustainable and modern energy is the sine qua non to achieve Sustainable Development Goals (SDGs).” Comment on the progress made in India in this regard. (UPSC CSE 2018)
Other Important Articles Covering the same topic:
Explained: What is the SDG India Index
Express Network
Armed forces plan tri-service procurement of explosive vans
UPSC Syllabus:
Preliminary Examination: Current events of national and international importance
Mains Examination: GS-III: Security
What’s the ongoing story- The Indian Armed Forces are planning a joint tri-service procurement of explosive vans for the safe transport of ammunition aiming to enhance integration and cooperation among the Army, Navy, and Air Force, which is crucial for implementing the ambitious theaterisation plan.
Prerequisites:
— What is Theaterisation-of-Armed-Forces?
Key takeaways:
— Under the theaterisation plan, the capabilities of all three services are integrated to optimally utilise their resources for wars and operations. Joint pro-curement of equipment is a move in that direction. A common explosive vehicle for the three services will allow joint operation commanders to better support integrated operations, said an official on the condition of anonymity.
— The explosive vans will be used to safely transport various types of ammunition owned by the three services to different locations, reducing the risk of fire and other accidents that could lead to loss of lives.
— According to officials, the specialised vans will not only re- duce untoward incidents during carriage of ammunition but also help reduce time and increase efficiency during transportation.
For Your Information:
— Integrated theatre command is aimed at integrating the three defence services — the Indian Army, the Indian Navy, and the Indian Air Force (IAF) — to operate jointly in specific adversary-based theatres with defined military goals during a limited conflict or war.
— The government had set the ball rolling on the reform in 2019 by creating the post of Chief of Defence Staff (CDS), and setting up the Department of Military Affairs (DMA) to oversee the transition.
Points to Ponder:
— What was the need for integrated theatre command?
— What are the benefits of Theaterisation-of-Armed-Forces?
— What are the recent steps taken by India towards theaterisation?
Post Read Question:
Analyze the multidimensional challenges posed by external state and non-state actors, to the internal security of India. Also discuss measures required to be taken to combat these threats. (UPSC CSE 2021)
Other Important Articles Covering the same topic:
Why Indian armed forces will shift to integrated theatre commands
Uttarakhand UCC aim: ‘gender equality with customs in mind’
UPSC Syllabus:
Preliminary Examination: Polity
Mains Examination: GS-II: Constitution and Polity
What’s the ongoing story- The Uniform Civil Code (UCC) of Uttarakhand is aimed at focusing on gender equality while leaving prevailing customs and diverse ritualistic practices undisturbed, the panel set up by the Uttarakhand government to draft recommendations for the law had said in its report submitted to the government this year.
Prerequisites:
— What is UCC?
— What is the objective behind UCC?
— Article 44 of the constitution
Key takeaways:
— Significantly, the Uniform Civil Code of Uttarakhand 2024 — which received presidential assent in March — seeks to “govern and regulate the laws related to marriage and divorce, successions, live-in relationships, and matters related thereto”.
— On the exclusion of tribals from the UCC, the report says that “interactions with the tribal population revealed that an overwhelming majority was in favour of its inclusion”.
For Your Information:
— The Seventh Schedule of the Constitution provides that both the Centre and state legislatures can legislate on matters pertaining to family laws. In pursuance of this power, the government of Uttarakhand tabled its own Uniform Civil Code in the state Assembly on February 6.
— The Code leaves out most LGBT persons from its ambit, it is a missed opportunity to follow through on the Supreme Court’s decision in the marriage equality matter, wherein it had clarified that state legislatures are competent to ensure marriage equality for all.
Points to Ponder:
— What are the arguments for and against the UCC?
— What is the SC’s stance on UCC?
Post Read Question:
Prelims
The Uniform Civil Code is mentioned in which of the following articles of the Constitution?
(a) Article 21
(b) Article 25
(c) Article 44
(d) Article 45
Mains
Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC CSE 2015)
Other Important Articles Covering the same topic:
Hits and misses of Uttarakhand Uniform Civil Code: What the Bill does, and does not do
ALSO IN NEWS |
|
| 1. Farm as factory | The number of workers employed in unincorporated sector enterprises across India has fallen from 11.13 crore in 2015-16 to 10.96 crore in 2022-23, according to a comparative analysis of the National Sample Survey Office’s data by this newspaper. |
| 2. Her own workplace | The Supreme Court’s comment on Monday that a mandatory menstrual-leave policy might be counter-productive for women in the workforce is an intervention in what has proved to be a contentious issue not just in India but across the world. The three-judge bench… urged the Centre to frame a model policy in consultation with states and stakeholders, ensuring that fear of its misuse as a basis for discrimination does not deter the entry of women into the workforce. |
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