Syllabus: General Studies Paper 2

Context:

The All-India Presiding Officers’ Conference (AIPOC) ended with the delegates failing to reach a consensus on whether the Speaker’s powers under the anti-defection law should be limited while reiterating an earlier resolution that there should be no disruptions during Question Hour and the President’s and Governor’s address to the House.

OFFICE OF SPEAKER OF LOK SABHA

Article 93 of the Constitution provides for the election of the Speaker, which heads the lower house of the parliament. 

Origin- The institution of Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms) 

Provisions for Independence of Speaker 

 Security of tenure: Removal of speaker needs a resolution to be passed by effective majority >50% of total strength excluding vacancies

Salary and allowances: It is charged on the Consolidated Fund of India.

 Restrain on Criticism: His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion

ROLE OF SPEAKER

With respect to Parliament:

•  Guardian of Parliamentary conventions: The speaker ensures the continuous traditions of parliamentary conventions in India. 
• Joint Sitting: The speaker presides over Joint sitting [ Article 108] 
• Powers w.r.t. Money Bill: The Speaker is solely responsible for endorsing Money Bill [Article 110(1)] 
• Ensuring the effectiveness of Committees: Appoints chairpersons of all the parliamentary committees of the Lok Sabha and supervises their functioning. Example: Speakers like Shivraj Patil, played a crucial role in initiating 17 departmental standing committees. 

With respect to Lok Sabha

• Maintains decorum in the House: Speaker can take disciplinary actions to ensure the discipline of the House. E.g. The Speaker can suspend MPs disrupting proceedings of Lok Sabha. 
• Disqualification of members under Anti defection Law: As per 10h schedule, the speaker has the power to decide over the issue of disqualification of the legislator on grounds of defection. 
• Resolves deadlock: A Speaker uses his/her power to vote, in order to resolve a deadlock
•  Final Interpreter of Rules of Procedure: The business of the House is conducted according to definite and settled rules of procedure
•  Safeguards Privileges of Members: The speaker safeguards rights and privileges of members of Lok Sabha. E.g. No person can be arrested within the precincts of Lok Sabha without the permission of the Speaker. 
• Power to Adjourn the House: The speaker adjourns the House or suspends a meeting in the absence of a quorum. 
• Fix the Agenda of the House: The Speaker, in consultation with the business committee and the Prime Minister, fixes the agenda of the meetings of the House. 
• Permission to ask questions: The permission of the Speaker is necessary to ask questions to the ministers. This helps the speaker to prevent unnecessary and politically motivated questions while ensuring discussion on the important questions. 
• Introduction of Bills: Bills, reports, motions and resolutions are introduced with Speaker’s permission.

Administrative Role

• Head of the Secretariat: The Speaker is also the head of the Lok Sabha Secretariat and has authority over the Secretariat staff of the House. 
• Parliament House: No alteration can be made in the Parliament House and no new structure can be created in Parliament Estate without the Speaker’s permission.
• Communication: It is through the Speaker that the decisions of the House are communicated to individuals and authorities outside the Parliament. 
• Prescribes format: Speaker decides the form and manner in which the proceedings of the House are published. 

 Inter and Intra parliamentary Relations

• Chairman of the Indian Parliamentary Group: The speaker is a link between the Parliament of India and the various parliaments of the world. 
• Other Legislative bodies’ conference: Acts as the chairman of the conference of presiding officers of legislative bodies in India. 

ISSUES WITH THE POST OF SPEAKER

• Impartiality: Speaker is elected to the house on a Political party’s ticket, hence jeopardizing his/her Impartiality. Speaker is politically more liable to favour his party.
• Disqualification of members: 
• The role of the speaker has been criticised for disqualification of MLAs under the anti-defection law and their ruling has been challenged in courts. 
• There is a huge scope of discretion which has resulted in partisan behaviour towards ruling parties as seen in Uttarakhand and Arunachal Pradesh.
• No time limit has been prescribed in the constitution for the delay in decisions.
• In the Kihoto Hollohan case, 1992 the SC declared that the speaker is subject to judicial review. 
• Discretionary power: There are various instances where discretionary power to ascertain any bill as a Money Bill is misused. E.g. Criticism when the Aadhar bill was introduced in Lok Sabha as Money Bill.
• Judicial Review in Money Bills: In matters of declaration of Money Bill, the decision of the speaker is beyond judicial review
•  Increased disruption: Frequent disruptions due to lack of proactiveness of speaker reduce the time required for important discussions.
• Discretion in Rules interpretation: Speaker has the power to interpret Lok Sabha rules, which sometimes bring partisan behaviour towards the ruling party. 

Why the Speaker prefers to maintain party membership 

Lack of Protection to office: The electoral system and conventions in India have ‘not developed to ensure protection to the office, there are cogent reasons for Speakers to retain party membership.

 Elections: Elections are not always by consensus and there have been cases when different parties have fielded their own candidates.

 Next Term of Elections: All political parties campaign in the constituency of the Speaker. Bleak chances of Reappointment: Even if the Speaker is re-elected to the House, the office of the Speaker in India is still open for elections

Syllabus: General Studies Paper 3 

Context:

The annual climate change summit came to an end with the adoption of a weaker-than-expected agreement called the Glasgow Climate Pact. 

Background

• The Glasgow meeting was the 26th session of the Conference of Parties to the UN Framework Convention on Climate Change or COP26. 
• Earlier, these meetings have also delivered two treaty-like international agreements, the Kyoto Protocol in 1997 and the Paris Agreement in 2015.
• While the Kyoto Protocol expired last year, the Paris Agreement is now the active instrument to fight climate change.

• It requested countries to update and strengthen 2030 emission targets in their NDCs by the end of 2022.
• It created a benchmark of five-yearly cycles for updates, urged countries to prepare long-term emissions strategies, and strengthened mechanisms to scrutinise both.
• Success at Glasgow was explicitly defined around ‘keeping 1.5 degrees alive’ through such pledges. The 2015 Paris agreement aims to keep global warming below 2C Celsius and endeavour to reach 1.5C.
• It showed that limiting warming to 1.5º° is still technically feasible, but only just. 
• In the jargon of climate negotiations, Glasgow clarified the ‘ambition cycle’, and this appears to have had results in the form of enhanced pledges.

Review of Glasgow pact:

• There were two important ‘nuts and bolts elements of the ‘Paris Rulebook’ that were fixed in Glasgow. “Paris Rulebook” provides detailed guidance on how countries must carry out the vision for a zero-carbon future set out in the Paris Agreement.
  • First, the transparency framework was completed. It includes reporting rules and formats for emissions, progress on pledges and financial contributions. While India and some other countries pushed for separate rules for developed and developing countries, the Glasgow outcomes narrowed this gap. 
  • The second key was the completion of agreed rules for carbon markets. Credits generated from earlier periods, including through the Clean Development Mechanism were permitted, but only from 2013 onwards. Rules were put in place to limit the scope for ‘double-counting of credits by more than one country.
• The Paris, and Glasgow, approach focusing on target-setting gives insufficient importance to the challenge of implementing those targets. 
• Long-term aspirational targets to ‘keep 1.5 alive’ got the focus, but detailed shorter-term 2030 targets have received less attention. 
  • A focus on shorter-term targets and their implementation, which India has been highlighting, is needed.
• Finance, the central issue: Climate finance promised to be the central issue of COP26. 
  • The developing countries have been complaining that the decade-long commitment of $100 billion had not been met. 
  • Glasgow only established a work programme on post-2025 financing and continued tracking progress on the $100 billion. It called for double adaptation finance by 2025. 
  • Since current levels of finance are already low, this implies mobilising about $40 billion, which is well short of estimated needs; the United Nations finds current needs are $70 billion. 
• Focus on private financing: South Africa announced it had received multi-donor support of $8.5 billion to support a ‘just transition’ out of coal, and India is reportedly negotiating support from the World Bank to address coal mine closures. 
  • Companies committed to net zero initiatives could get $130 trillion. It suggests a growing effort to mobilise private finance. 
  • Developing countries have long insisted that publicly funded climate finance is a right devolving from the ‘polluter pays’ principle rather than aid. 
  • Now access to substantial funds may require embracing a more multi-stranded approach.
• On coal use: There is a clause calling for the ‘phase-down of unabated coal power and phase-out of inefficient fossil fuel subsidies. 
  • India read out an amendment modifying ‘phase-out’ to ‘phase-down for coal, among other changes. 
  • India’s real concerns included not precluding subsidies for social purposes, such as for cooking gas; all countries should be asked to limit coal use at the same time and noting the lack of mention of oil and gas.
  • The term ‘phase-out’ is of considerable importance to vulnerable countries, and that India introduced the amendment, has given us a bad diplomatic reputation.
  • From an environmental point of view, a more explicit discussion of coal, but ideally all fossil fuels, is positive, including for India. 
  • From a developmental view, however, India is concerned that explicit mention of coal constrains us in our choice of fuel. 
  • A possible way out is for India to explicitly seek global support for an accelerated transition away from coal.
• Ignoring CBDR: By calling on countries to strengthen targets to align with the Paris Agreement objectives without explicitly considering CBDM, ignores the long-standing issue of climate equity. 
  • Common But Differentiated Responsibilities (CBDR) is a principle that acknowledges different capabilities and differing responsibilities of individual countries in addressing climate change.
• Adaptation is preparing for the reality that some climate impacts are unavoidable. It has long been neglected in global negotiations. It reflects a global power imbalance that places less weight on the concerns of vulnerable nations. 
  • Glasgow set up an explicit two-year work programme for a ‘global goal’ on adaptation.
  • But, the important complementary agenda of ‘loss and damage’ – was not agreed upon.
  • The mechanism was set up at the 2013 Warsaw CoP under pressure from developing countries to address the climate liability of developed countries in addressing the damages already incurred by developing and vulnerable countries.
  • At the core is the fear among some developed countries that taking forward the loss and damage agenda will open the door to a call for reparations.

Syllabus: General Studies Paper 2

Context:

The transfer of Chief Justice Sanjib Banerjee from being at the helm at the Madras High Court, India’s fourth-largest court with a sanctioned strength of 75 judges, to the Meghalaya High Court with a sanctioned strength of only four has raised questions about transparency in transfer and appointment of judges.

CONSTITUTION

Articles 124(2) and Article 217- governs the appointment of judges to the Supreme Court and High Courts respectively. The President has the power to make the appointments after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary.

Article 222- deals with the transfer of judges-  The President may, after consultation with the Chief Justice of India (CJI), transfer a judge from one high court to another

APPOINTMENT OF JUDGES

Appointment of chief justice of India

• The chief justice is appointed by the president strictly on the basis of seniority and outgoing CJI recommends his successor.
• Supreme Court in second judges case ruled that senior-most judge of Supreme Court should alone the appointed to the office of chief justice of India

Judges of the supreme court

• The judges of the supreme court are appointed by President in consultation with the chief justice and such other judges of the supreme court and high courts as the president made deem necessary
• The consultation with chief justice is obligatory in case of appointment of judge other than the chief justice
• Supreme Court in third judges case ruled that consultation process should include chief justice of India along with collegium of 4 senior-most judges of the supreme court
• The court also held that the recommendations made by the chief justice of India without complying with the norms of the consultation process are not binding on the government 

Appointment of chief justice of High Court

• Chief justice is appointed by the president after consultation with the chief justice of India and the governor of the state concerned

Appointment of judges at the high court

• Judges other than the chief justice of the concerned High Court are appointed by the president in consultation with the CJI, governor of the state and also the chief justice of the concerned high court. 
• In the third judges case, Supreme Court ruled that in the case of appointment of High Court judges, the chief justice of India should consult of two senior-most judges of the supreme court and that the sole opinion of the chief justice of India does not constitute the consultation process

RECALLING THE HISTORICAL CONTEXT (IMPORTANT CASES)

•  Suppression & transfer of judges in 1970s- There was supersession of multiple judges in the appointment of the Chief Justice of India & also the transfer of several High Court Judges.
•  Sankalchand H Sheth case

• A five-judge bench of the Supreme Court interpreted Article 222  post-Emergency. The court held that the transfer of a judge from one court to another inflicts many injuries on the individual.
•  It noted that the consent of the judge proposed to be transferred as part of the scheme and language of Article 222.
•  The court also held that if the power of transfer is vested solely with the executive, it undermines judicial independence and eats into the basic features of the Constitution.

• First Judges Case ( S P Gupta v Union of India,1981) — the Supreme Court ruled that the President does not require the “concurrence” of the CJI in the appointment of judges. The ruling affirmed the pre-eminence of the executive in making appointments.
• Second Judges Case (Supreme Court Advocates-on-Record Association v Union of India, 1993)- a nine-judge Constitution Bench evolved the ‘collegium system’ for appointment and transfer of judges in the higher judiciary. The concurrence means- concurrence of the Supreme Court as an institution and is arrived at by the CJI including discussion with the two senior-most judges.
• Third Judges case(1998)-The collegium was expanded to include five senior-most judges, including the CJI in the Third Judges Case in 1998.
• K Ashok Reddy case(1994)-

• The apex Court specifically dealt with the question of the transfer of judges of high courts.
• The court observed that the absence of norms and guidelines in Article 222 seemed to be deliberate, as the power is vested in high constitutional functionaries.
•  It was also held that the power of transfer can be exercised only in the public interest for promoting better administration of justice throughout the country.
• The court in this case also observed that primacy of the judiciary in the matter of appointments and its determinative nature in transfers introduces the judicial element in the process.
•  Hence, it is  sufficient justification for the absence of the need for further judicial review of decisions, that is ordinarily needed as a check against possible executive excess of arbitrariness

NEED OF RE-EXAMINATION OF JUDICIAL APPOINTMENT PROCESS

Transparency & Accountability 

• The public has the right to know-As held in K Ashok Reddy Case, transfers are based on public interest. So, the public should have a right to know the reasons for such transfers as well.
• Stakeholders involved-The material that is considered when a transfer of a judge is being deliberated should be shared with the concerned judge and all stakeholders

Larger good of the judicial institution

• The notion of false means- When the judiciary misses no opportunity to uphold the basic structure doctrine and preserve at all cost its independence, there is a need for transparency in judicial functioning to dispel all notions of favouritism, bias or governmental interference.
• Speculations- When reasons for transfer are not known, it leads to speculation that only inconvenient judges get transferred. This could be seen as degrading the work a judge is doing.

Reasonableness of the appointment

• The Appointment of Judges by the Collegium system is opaque and lacks accountability on the part of the Judiciary.
•  The 2nd Administrative Reforms Commission observed that no other country in the world does the judiciary have a final say in its own appointments. In India, neither the executive nor the legislature has much said in who is appointed to the Supreme Court or the High Courts.

Pendency of cases

• There was a lack of implementation, one of the major reasons for the vacancy in the courts & thus pendency of cases.

WAY FORWARD

International Practices-

• No other country in the world leaves judicial appointments solely to the judiciary, there are several methods and balances to protect the Independence of the Judiciary.
• In England, judges (other than the Supreme Court judges) are appointed on the recommendation of the Judicial Appointments Commission (JAC). It recommends names on merit by open competition and also has a specific statutory duty to ‘encourage diversity in the range of persons available for selection for appointments’.
• In Australia, judicial commissions invite the “expression of interest” from the members of the Bar through public advertisements to enable the appointment of judges in a transparent manner.

Retirement age of High Court Judges

• The 1st Law commission in its 14th report on ‘Reforms of the Judicial Administration’- recommends that the retirement age of the High Court judges should be increased to 65 years, the same as that of Supreme Court judges.
• The age difference acts as a carrot and is exploited by the executive as well as some judges of the Supreme Court. 
• There are many instances of brilliant judges being ignored and not so worthy elevated.

Syllabus: General Studies Paper 2

Context:

Recently, NITI Aayog has released a comprehensive report titled Health Insurance for India’s Missing Middle. The report aims for a credible pathway to universal health coverage (UHC) for India.

• Covering the left out a segment of the population, commonly termed the ‘missing middle’ sandwiched between the poor and the affluent, has been discussed by the Government recently. 

Key points of the report

• At least 30 per cent of the population called the ‘missing middle’ – are devoid of any financial protection for health.
  • The Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) launched in September 2018, and State Government extension schemes, provide comprehensive hospitalization cover to the bottom 50% of the population. 
    • PMJAY offers a sum insured of Rs. 5 lakh per family for secondary care as well as tertiary care. For the beneficiaries, this is a free scheme.
  • Around 20% of the population are covered through social health insurance and private voluntary health insurance. 
  • The remaining 30% of the population is devoid of health insurance; the actual uncovered population is higher due to existing coverage gaps in PMJAY and overlap between schemes.”
• The report proposes voluntary, contributory health insurance dispensed mainly by private commercial health insurers as the prime instrument for extending health insurance to the ‘missing middle. 
• The Pradhan Mantri Jan Arogya Yojana (PMJAY) scheme should be extended to cover a section of people without health insurance.
• Government subsidies will be reserved for the very poor within the ‘missing middle’ and only at a later stage of the development of voluntary contributory insurance. 
• The report has recommended three models for increasing the health insurance coverage in the country. 
• The first model focuses on increasing consumer awareness of health insurance, while the second model is about “developing a modified, standardized health insurance product” like ‘Aarogya Sanjeevani’.
  • The “Aarogya Sanjeevani Insurance Policy” guidelines were basically launched to cover the hospitalisation expenses of the COVID-19 patients. The policy is not brought by GoI rather instructed by GoI. 
  • It is a standardised health insurance product launched by the Insurance Regulatory Development Authority of India (IRDAI) in April 2020.
• The third model expands government-subsidized health insurance through the PMJAY scheme to a wider set of beneficiaries. 
  • This model can be utilized for segments of the missing middle which remain uncovered, due to limited ability to pay for the voluntary contributory models outlined above. 
• A combination of the three models phased in at different times can ensure coverage for the missing middle population.
• In the medium-term, once the supply-side and utilization of PMJAY and ESIC is strengthened, their infrastructure can be leveraged to allow voluntary contributions to a PMJAY plus product.
• Sharing government databases such as National Food Security Act (NFSA), Pradhan Mantri Suraksha Bima Yojana, or the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) for agricultural households with private insurers after taking consent from these households.
• The report proposes an OPD insurance with an insured sum of ₹5,000 per family per annum, and again uses average per capita OPD spending to justify the ability to pay.
  • The out-patient department (OPD) care insurance coverage includes doctor consultations, diagnostics, medicines, etc. 
  • The report acknowledges that OPD expenses comprise the largest share of out-of-pocket expenditure on health care. They have a greater role in the impoverishment of families due to healthcare expenses. 

Concerns with the report

A high-level expert group on UHC had expressed reservations about such a health insurance model as the instrument of UHC and advocated a largely tax-financed health system with private sector participation.

• In-patient care: For hospitalisation insurance, the report proposes a model similar to the Arogya Sanjeevani scheme with lower projected premiums of around ₹4,000-₹6,000 per family per annum (for a sum insured of ₹5 lakh for a family of five). 
  • This model is similar to commercial private insurance, except for lower premiums. 
  • These low premiums are achieved by reducing administrative costs of insurers through an array of measures, including private use of government infrastructure.
  • Low premiums are not achieved on account of government subsidies or regulation. 
  • This model is vulnerable to the profit-making greed of conventional private insurance.
  • It is important to remember that even free-of-cost government health insurance for the poor has little penetration in the country. The possible destiny of contributory private health insurance for the Middle class is not well.
• The NITI report ignores the fundamental concepts like significant levels of government subsidy to schemes; not-for-profit mode of operation; and some important guarantees for health. 
• Lacking checks and balances: In Switzerland which has predominantly private insurers and a competitive model of insurance, certain important checks and balances exist: 
  • benefits are mentioned in legislation; 
  • basic insurance is mandatory and not-for-profit; 
  • cream-skimming and risk-discrimination are prohibited. 
  • Such checks and balances have not been discussed in the NITI report.
• Out-patient care: The OPD insurance is envisaged on a subscription basis, which means that insured families would need to pay nearly the entire insured sum in advance to obtain the benefits. 
  • Clearly, this route is unlikely to result in any significant reduction of out-of-pocket expenditure on OPD care, which beats the whole purpose of providing insurance. 
• The wrong path towards UHC:  Universal health coverage means that all people have access to the health services they need, when and where they need them, without financial hardship.
  • No country has ever achieved UHC by relying predominantly on private sources of financing health care. 
  • Evidence shows that in developing countries such as India, with a big informal sector, contributory health insurance is filled with problems. 

Syllabus: General Studies Paper 2

Context:

The Central government promulgated ordinances to give five-year tenure to heads of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). 

Amendment in Acts –

• Delhi Special Police Establishment Act (1946)- the amendment was made under this act to change the tenure of CBI director
• Central Vigilance Commission Act (2003)- by amending this act changes were brought to the tenure of ED  director
• Fundamental Rules, 1922 
  • Fundamental rules are guiding principles applicable to all public servants and cover the full range of their in-service and post-retirement work scenarios.
  • It prohibits the extension of service to any public servant beyond the retirement age of 60 years, except a few, including the Secretary to the Cabinet, those engaged in budget-related work. , eminent scientists, the Cabinet Secretary, the heads of the IB and RAW in addition to the director of the CBI, among others with certain conditions.
  • Amendment was made in rules to bring them in sync with amendments to Delhi Special Police Establishment Act and Central Vigilance Commission Act 

Key provisions

• Earlier media CBI director could be appointed for two years, now the ordinance extends it to three more years thus a total of 5 years tenure. However, no extension can be given after 5 years
• The original fundamental  Rule 56(d) included top functionaries like home secretary, defence secretary, foreign secretary chief of intelligence Bureau and research and analysis wing whose term could be extended by the government to a maximum of two years and beyond
• The amendment to the rule mentions directors of ED as well as CBI along with defence secretary, home secretary, and director of Intelligence Bureau and R&AW secretary.

Pros of the ordinances 

• Two-year tenure for a CBI head is too short for any officer to make an impact on the organisation. The Federal Bureau of Investigation chief in the U.S. gets a 10-year term. 
  • 5-year tenure provides them with the much-needed continuity that a Director needs in an outfit charged with the task of conducting highly sensitive investigations, which sometimes impinge on the longevity and stability of a democratically elected government.
• Better Investigation of cases- the director will have an opportunity to pursue cases longer and thus can help in taking logical conclusions.
• Transparency in extension- All extensions will have to be approved by the PM-led committee where the Chief Justice of India  and Leader of Opposition will also have an opinion

Cons of the ordinance:

• One-Year extensions: At the end of the mandatory two-year tenure, the government will have to issue orders granting one-year extensions at a time. 
  • It would have been better if there was a straight five-year term for the Director. 
  • The rule about three annual extensions can be misused by a tendentious government. 
  • It may be construed as a reward for an obliging Director.
• Promulgation of ordinances- Article 123 of the Indian constitution allows centre and state governments to frame loss through ordinance making however, constitution-makers envisaged a much-restrained use of this practice.
• DC Wadhwa Case (1986)- the Supreme court clarified that Power to promulgate ordinance is essentially a party to meet an extraordinary situation and should not be perverted to serve political ends

Challenges for the autonomy of CBI

• Dependence on State governments: Successive chiefs have suggested the drafting of a CBI Act to ensure that the organisation is not dependent on the State governments, many of which have withdrawn consent for the CBI to function in that State. 
  • The Supreme Court has recently made references to this objectionable development. 
  • Eight States — West Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram — have withdrawn the general consent. 
• The government is sometimes arbitrary in choosing the Director. It is not rare to see temporary appointments given to favour some individuals. Seniority was often ignored in appointments and Directors were removed frequently. 

Need for an independent CBI

• Vineet Narain Case (1997)- in the landmark judgement the Supreme Court held that the agencies need permanent insulation against the external influence and down a dictum that directors of CBI & ED should have a minimum tenure of two years.
• Any dishonest interference in the working of the organisation interrupts straightforward investigations. The government will therefore have to show enormous restraint in its interactions with the head of the CBI.
• As a measure of accountability, the Director will have to keep the government informed of all major administrative decisions. 
• He or she should inform the executive but not take orders from it.

Syllabus: General Studies Paper 3

Context:

The Centre has set in motion the process of creating the National Interlinking of Rivers Authority (NIRA), an independent autonomous body for planning, investigation, financing and the implementation of the river interlinking projects in the country. NIRA, to be headed by a Government of India Secretary-rank officer, will replace the existing National Water Development Agency (NWDA) and will function as an umbrella body for all river linking projects

ABOUT NATIONAL RIVER INTERLINKING PROJECT

• National river linking project aims transfer of water to deficit water basins from water surplus basins by interbasin transfer projects
• The deficit basins are where there are conditions of drought or scarcity of water. The surplus basins aware after the needs of population there is the availability of extra water
• Supreme Court directed the central government to start working on interlinking of major rivers in 2002
• A task force was created and your 2016 was set as a deadline to complete the project for linking 37 rivers
• The national river interlinking project consists of 30 links for connecting 37 rivers through a network of about 3000 storage dams that would lead to the formation of a South Asian water grid
• The project would be under the control of the national water development agency under the ministry of jal Shakti
• There are two components of the project

Himalayan rivers- 

• Under the Himalayan rivers component 14 river links have been identified which includes connecting Ganga and Brahmaputra to Mahanadi basin connecting eastern tributaries of Ganga with Sabarmati and Chambal river systems
• It envisages construction of storage reservoir on Ganga & Brahmaputra rivers and also their tributaries in India and Nepal
• This would help in controlling floods, water availability for irrigation and hydel power generation
• The rivers in the West will receive water from surplus floors of Kosi, Gandak and Ghagra through the linkage
• To provide water to drought-prone areas of Haryana Rajasthan and Gujarat a link between Ganga and Yamuna has also been proposed

Peninsular rivers

• It contains the proposal of 16 links to connect the rivers of Southern India there are four subcomponents-

• Mahanadi and Godavari basins to Krishna Kaveri and vaigai river systems
• Interlinking West flowing rivers that are south of Tapi to North of Mumbai
• Interlinking some west-flowing rivers with east-flowing
• Other linkages like Ken Betwa link, Parvati Kali Sindh rivers to Chambal

BENEFITS

• The solution to droughts and floods- with an effective rainfall period of about 28 days India has a large scale hydrological imbalance. There are regions that receive heavy rainfall which causes floods and at the same time there are places where there are issues of water scarcity and droughts
• Navigation channels- the project will enhance inland navigation. India is still much dependent on road transport for the transfer of goods to the water channels which is cost-effective and at the same time beneficial for the environment. It will also help in reducing the pressure on railways and roads
• Better irrigation facilities-There is a potential for irrigation of about 35 million hectares of land in the western Peninsula due to the interlinking of rivers. Around 50% of the agricultural land is rainfed the dependence on rainfall make the farmers extremely vulnerable and at the same time also hampers the food security of the country. Adequate irrigation facilities would help in increasing crop output and also make agricultural income  more remunerative
• Power generation- the projects have the potential to generate around 34 GW of total power. Since India is majorly dependent on coal-based thermal power plants the enhancement of hydel energy can prove to be an effective step for energy security as well as in achieving various climate goals of the country
• Clean drinking water- about 90 billion cubic metres of clean drinking water supply can be provided with the implementation of the project. It will help to resolve the issue of water scarcity even in the various metropolitan cities of India
• Environmental benefits-The addition of surplus water to the deficit areas would be equivalent to giving new life to the dried up forests and land in the area

CHALLENGES

• Ecological challenges-It would lead to large scale submergence of land because of the construction of dams. Acquiring large areas of land would be required for implementation but there are various issues involved in acquiring land
• Damage to biodiversity-The the area under the project may fall within the protected areas like Ken Betwa link project about two-third of the land falls within Panna tiger reserve. In such cases, it is very difficult to get the environmental clearances as well as it poses the threat to the  flora and fauna of the region
• Rehabilitation of people-Due to submergence and acquiring of land there would be a large-scale displacement of people. It would also result in loss of livelihood opportunities. Adequate compensation and rehabilitation especially for the poor and tribals is also a major challenge in the implementation of the project
• Impact on other countries-Water flow in neighbouring countries like Bhutan Nepal and Bangladesh would also be affected that is why Bangladesh is in opposition to transferring of water from the Brahmaputra to the Ganga
• Water state subject-Water is a state subject under schedule VII of the Indian constitution, so the success of the project depends upon the interstate cooperation
• Funding -The estimated cost of the project is about rupees 5.6 lakh crores making it a highly capital intensive venture. Also report on climate change has predicted the melting of about one third of Hindu Kush glaciers by 2100, if this becomes true when investing a huge amount of money in interlinking of the projects can result in  huge losses since Himalayan rivers then would not have any surplus water to transfer
• Canal irrigation-The proposal of the method of canal irrigation to transmit water from one place to another can also lead to various problems because the maintenance of canals is also a challenge since it involves prevention of sedimentation,  clearance due  to water logging etc

Syllabus: General Studies Paper 1

Context:

The story of Falguni Nayar’s Nykaa can inspire much more women to become job creators. India needs much more entrepreneurs especially for small towns and hinterlands to dismantle patriarchy.

DATA/REPORTS

• The United Nations development programme in its report on Gender Inequality observed that women spend 2.4 more hours per day on average than men on unpaid and domestic work.
• Effect of pandemic- women are more likely to live in extreme poverty than men by 25%
• According to estimates by International Labour Organisation, global female employment is at 19% more risk than males.
• According to World economic forum’s Gender Gap Report, 2021, the gender gap widened in India by 3%
• Also, the share of women declined to 29.2 per cent in professional and technical roles
• Women at top positions -Only 8.9 % of organisations have top female managers and nearly 14.6 % of women occupy senior and managerial positions
• Index of women entrepreneurs- India is ranked at 52nd position out of 57 surveyed countries
• Innovation, economic growth and job creation
• According to a study, measures to close the gender gap in India would lead to a 6.8 % gain in GDP
• According to estimations by advancing women’s equality India could boost its GDP by 16% in 2025
• More entrepreneurship would  help in building the economic potential of women and does the achievement of sustainable development goals by 2030

CAUSES OF LESS NUMBER OF WOMEN ENTREPRENEURS

Lack of education

• The states with relatively higher literacy rates also have more women entrepreneurs
•  The top 5 states with the highest percentage of women entrepreneurs in Tamil Nadu, Kerala, Andhra Pradesh,West Bengal and Maharashtra 

Unconscious gender bias

• The intentional and automatic mental associations based on gender due to traditions, norms & values, culture and experience have a major role in impeding the progress of women entrepreneurs
• The automatic association enables quick assessment and often leads to decision making unfavourable towards women

Business is not women’s world

• The stereotype of lack of confidence in business skills of women and a belief in the society that men are more competent in financial matters are also some of the major roadblocks for women entrepreneurs
• Women are often treated with less respect and such attitudes are also reflected in the communications

Self-doubt among women

• Because of the society and the environment in which women work, it is natural for them to have a feeling of low confidence in their own business skills
• It is common to see even highly successful women struggling with self-doubt and underestimating their abilities while the opposite is true for men

Financial hurdles

• Entrepreneurship involves risk-taking and women are often assumed to be less willing to take risks than men 
• Due to stereotypes, fewer women actively approach investors and are reluctant to divest stakes.
• Women are differently perceived than men even when they approach investors and also investors prefer pitches presented by men as compared to women in spite of having similar content
• Indian women rarely own property to be used as collateral for loans. 
• About 79% of women-owned ventures are self-financed families are often hesitant to provide financial support to their daughters’ entrepreneur ventures

Alienation of women in corporate culture

• Masculine corporate cultures, an ecosystem of startups being characterized by ‘ bro culture’ of ‘alpha males’ lacks empathy and talking about emotional challenges is perceived as a weakness
• Women do not feel comfortable in the prominent industry networks and they’re not being part of such networks cost them important opportunities to mingle and connect with people in the market
• Thus, women entrepreneurs have to struggle much more than their male counterparts to get access to the market

Business is a man’s domain 

• The predominant social norms expect women to give utmost priority to their home and not a career 
• On average women spend five times as much time as men on household work, care and other unpaid activities
• As it is said the most important career choice that women make is who they choose to marry because family support is considered a core success factor for Indian female entrepreneurs

Child care

• When women entrepreneurs become mothers, they have to face another set of challenges. There are various negative perceptions in the society labelling mothers working leaving their children at home as selfish and are made to feel guilty
• Allowing women to work with more flexible hours and space would be a good opportunity and will enable them to perceive entrepreneurial careers while reconciling with duties at home

Safety at workplaces

• Women safety at workplaces and also at public places like while travelling are also challenges that hold back women
• The perception of danger reinforces social norms that restrict women’s mobility and thereby economic participation and freedom

NITI AAYOG’S WOMEN ENTREPRENEURSHIP PLATFORM (WEP)

NITI Aayog in partnership with SIDBI has launched this platform to provide an ecosystem for budding and existing women entrepreneurs across the country

It is based on three pillars

• Iccha Shakti – motivating aspiring entrepreneurs to start their business
• Gyaan Shakti -providing knowledge and ecosystem support to women entrepreneurs to help them foster entrepreneurship
• Karma Shakti – providing hands-on support to entrepreneurs in setting up and scaling up businesses

WHAT NEEDS TO BE DONE

Access to education

• The broad gender gap in economic participation and opportunity is also due to low women entrepreneurship
• Equal access to education and encouragement to women to use their required skills, policies aiming at more women in senior and leadership roles will enable women to start their own businesses

Awareness of unconscious bias and disadvantage to women

• Women need to deal with negative attitudes since changes in mindsets take time it cannot happen overnight

Sharing success stories

• Sharing the stories on various social and traditional media can provide inspiration and proof that business can be a women’s world and strengthen the confidence of young female entrepreneurs

Safe work environment

• A more inclusive, non-discriminatory and safe work environment will help in the retention of qualified women. 
• The measures must ensure that women can commute between their offices and homes without any mental load of worrying about their security

Syllabus: General Studies Paper 2

Context:

The revelations about the misuse of Pegasus spyware have shaken the world and India has also felt its reverberations. There has not been any investigation on the matter and also a parliament session was allowed to be washed away as discussion on the issue was denied. The issue resembles the Watergate scandal in the 1970s which brought down US President, Richard Nixon.

PEGASUS

About Pegasus

• NSO Group, an Israeli cyber security firm founded spyware called Pegasus in 2010
• Founders of NSO group arr from Unit 8200, elite defence force of Israel. It is probably the foremost technical intelligence agency and also Israel’s largest military unit
• Any iOS or Android device can be hacked and a variety of data can be stolen from the infected devices using the spyware
• An exploit link is sent to the target user and if the user clicks on the link the code or  malware gets installed in the phone which allows complete surveillance

Pegasus in 2019

• The use of Pegasus to target journalists and human rights activists was confirmed by Facebook’s WhatsApp in India
• There was an allegation of the target of around 1400 WhatsApp users Pegasus by NSO group
• Human rights activists , lawyers working in tribal areas, an  Elgar Parishad case accused, Bhima Koregaon case lawyer etc were some of those who were targeted in India

NEED OF SURVEILLANCE

Surveillance state- when all actions, locations etc of citizens are surveilled legally by the state to prevent crimes and to solve the cases at a faster pace 

To prevent organized crime – there has been increasing use of media to facilitate organised crime, provocation of extremism, money laundering etc 

Combat Terrorism- Surveillance can help in getting prior information about terrorist activities and thus help to counter the potential terror attacks 

Misinformation by Fake News- There have been many incidents of riots, mob lynching due to the spread of odd fake messages across social media platforms

LAWS FOR SURVEILLANCE IN INDIA

Telegraph Act (1885)

• It allows interception of calls related to a telephonic conversation
• Section 5(2)  of the act allows central and state agencies to  intercept electronic communication in case of any public emergency or to ensure public safety
• According to law, the device can be put under surveillance if officials are satisfied that it is necessary to do so so to maintain sovereignty and integrity of the country, security of the state, friendly relation with other countries, public order or prevention of incitement to an offence

Indian Telegraph Rules

• Officers who can order surveillance of messages are identified under Rule 419 A of Telegraph Rules
• Directions of interception can be passed by the secretary to the government of India in the Ministry of Home affairs
• At the state level, an officer of secretary-level who has in charge of the home department can pass such orders
• Officer rank of joint secretary duly authorised by union home secretary or state home secretary can under unavailable circumstances issue directions under the rules

Information Technology Act (2000)

• Section 69 of IT Act and IT Rules, 2009 deals with surveillance of all electronic communications 
• Interception, monitoring and decryption of information through any computer resource including mobile phones is authorised to agencies under these provisions
• According to Section 69 of IT Act -sovereignty and integrity of the country, defence of India, security of State, friendly relations with other countries, public order, prevention of incitement to any cognizable offence, investigation of any offence are grounds for which interception can be done by the government agencies

Indian Post Office Act (1898)

• Central and state governments have the power to intercept postal articles for the maintenance of public safety as well as in cases of public emergency.

CONCERNS ASSOCIATED WITH STATE SURVEILLANCE

Freedom of the press- 

• World press freedom index (2021) by Reporters without Borders has ranked India 142 out of 180 countries
• There is an atmosphere of distrust because the safety of journalists as well as their sources are threatened

The chilling effect on the right to Freedom of Speech 

• Surveillance can hamper the vital public watchdog role of the press which would undermine its ability to provide accurate and reliable information

Right to privacy

• Puttaswamy judgement in 2017 has made the right to privacy sacrosanct and it forms an intrinsic part of the right to life and personal liberty under Article 21 of the Indian constitution
• The supreme court also reasoned that there is a positive application on the state to protect the privacy of individuals

Lack of oversight mechanism

• The power goes into the hands of the executive due to a lack of parliamentary or judicial oversight, the disproportionate use of power may lead to the spread of authoritarianism
• A review by a three-member committee consisting of a cabinet secretary and two other bureaucrats is the only safeguard mechanism against misuse

Violation of Articles 32 and 226

• Since there is secrecy involved in surveillance citizens are not able to show their breach of rights hence Article 32 and 226 which empowers the Supreme Court and High Court to issue writs is taken away.

Syllabus: General Studies Paper 2

Context:

The 60th anniversary of the Non-Aligned Movement prompts a reflection on Jawaharlal Nehru’s major contribution to the field of international relations. The concept of not aligning a country’s policy with others can be traced to the Congress of Vienna of (1814-15) when the neutrality of Switzerland, by which it would keep out of others’ conflicts, was recognised.

NAM & ITS PRINCIPLES

• Non-alignment movement was initiated by India, Egypt, Yugoslavia,Ghana and Indonesia in 1961
• The idea of the leaders of all countries was that of neutrality, neither to help USA or USSR 
• Bandung Conference -The basic concept of the group originated in 1955 during the Asia-Africa Bandung Conference held in Indonesia.
• Interests of developing countries-The movement represented the interests and concerns of developing countries to protect their autonomy.
• Membership- the condition was that the country’s party to NAM could not be part of any multilateral military alliance for bilateral military agreement with global powers involved in the power conflicts.

Largely Guided By Panchsheel Principles

• United Nations and international law -to abide by the principles enshrined in charter of United Nations and international law
• Respect sovereignty, territorial integrity, and diversity of all members states
• Conflicts should be settled peacefully as per the charter of the United Nations
• Despite the differences in the political social and economic systems of various members, there must be basic mutual respect and equality
• Work towards the promotion of shared interests and values
• Right of an individual or collective self-defence as per the charter of United Nations
• Non-interference in the internal affairs of the member states and respect for sovereignty
• Promotion of multilateral world order and solution of problems through discussions and dialogue

NAM IN COLD WAR ERA

• The movement favoured the process of decolonization and hence helped countries achieve freedom. It also aided at the end of the Apartheid
• It supported global disarmament and advocated for global peace and cooperation
• It favoured the principles enshrined in  the Declaration of the establishment of new economic order by the United Nations General Assembly
• The message of  the movement was to shape a new international order free from war, poverty, intolerance and injustice
• It favoured a system based on principles of peaceful coexistence and genuine interdependence,a world that takes into account the diversity of social systems and culture

Shortcomings of NAM

• It could not prevent Indo Pakistan and Sino Indian wars
• The members of NAM did not adopt a supportive position towards India during the war.  Ghana and Indonesia favoured China during the Indo- China War of 1962. Also in 1965 and 1971, Indonesia and Egypt lent their support to Pakistan 
• After the end of the cold war and dismantling of USSR, the NAM could not adopt a broader perspective of issues 

NAM AND INDIA

• Being a founding member India was an active participant till 1970s tilt towards the erstwhile USSR led to doubts among small nations which led to the joining of either bloc by the members.
• The disintegration of cold war structures India’s new economic policy of 1991 and inclination towards the US questioned the relevance and importance of NAM for India
• In 2016 the prime minister’s kept the 17th non-aligned movement summit in Venezuela second time when India did not participate in the conference
• India along with most of the NAM countries have aligned itself to the market based  liberal economic order and reaped benefits
• India accepted the G20 membership and has also declared itself  a nuclear state through India believes in No First Use Policy
• India   joined QUAD (US, India, Australia, Japan) which is considered an anti-China grouping as wells as SCO (Shanghai Cooperation Organization) led by China to establish a balance of new and old global powers 
• India believes in the principles of the multilateral world which is the foundational value of NAM