Syllabus: General Studies Paper 2

Airlines will have to mandatorily provide details of all international passengers to the Customs department for preventing and prosecuting offences under the Customs Act, 1962 as well as any other domestic or international law.

The Central Board of Indirect Taxes and Customs (CBIC) issued a gazette notification titled ‘Passenger Name Record Information Regulations, 2022’.

• The information such as passenger name record (PNR), date of travel, credit card details and seat assigned will have to be shared at least 24 hours before departure.
• Failure to comply will invite a minimum penalty of ₹25,000 and maximum of ₹50,000 for every act of non-compliance.
• This information will have to be shared with CBIC established agency, National Customs Targeting Centre – Passenger (NCTC-P) for conducting of “risk analysis of passengers”.
• The airline will have to share include PNR (Passenger Name Record) locator code, date of reservation, date of intended travel, frequent flyer and information on other benefits such as free tickets and upgrades, all available contact information, billing information including credit card number, travel agency or agent, seat information as well as history of changes to the PNR.

Purpose

• Such information is needed for prevention, detection, investigation and prosecution of offences under the Customs Act and also for the law enforcement agencies or government departments or any other country.
• It will also help to prevent bank loan defaulters from fleeing the country to avoid prosecution.
• According to information furnished by the government in Parliament, a total of 38 economic offenders, including Nirav Modi, Vijay Mallya and Mehul Choksi, fled the country in the last five years.

The Central Board of Indirect Taxes and Customs (CBIC)

• The Central Board of Indirect Taxes and Customs (CBIC) is the nodal national agency responsible for administering Customs, GST, Central Excise, Service Tax & Narcotics in India.
• The Customs & Central Excise department was established in the year 1855 by the then British Governor General of India, to administer customs laws in India and collection of import duties / land revenue. It is one of the oldest government departments of India.
• Currently the Customs and Central Excise / GST department comes under the Department of Revenue, Ministry of Finance.

Functions performed by the CBIC include:

• Formulation of policy concerning levy and collection of Customs, Central Excise duties, Central Goods & Services Tax and IGST,
• Prevention of smuggling.
• Administration of matters relating to Customs, Central Excise, Central Goods & Services Tax, IGST and Narcotics to the extent under CBIC’s purview.

Syllabus: General Studies Paper 3

The acronym ‘HARM’ in the AGM-88 HARM air-to-surface missile stands for High-Speed Anti-Radiation Missile.

• It is a tactical weapon fired from fighter aircraft, and has the capability to detect and home into radiation emitted by hostile radar stations that have surface-to-air detection capabilities.
• The missile was originally developed by the Dallas-headquartered Texas Instruments, but is now produced by the major American defence contractor Raytheon Corporation. 
• An advanced version of the weapon is manufactured by Dulles, Virginia-based Northrop Grumman.
• The AGM-88 HARM is 14 metres in length, but only 10 inches in diameter.
• It weighs around 360 kg and carries a fragmentation type warhead that is optimised for radar targets.
• It also has an anti-radar homing seeker broadband RF antenna and receiver, and a solid state digital processor.
• The missile has a range of more than 100 km.

United States has supplied some “anti-radiation missiles” to Ukraine, which could be fired from some Ukrainian Air Force aircraft. The statement has put meat on Russian allegations that an American anti-radar missile, AGM-88 HARM, which is part of NATO’s inventory.

Syllabus: General Studies Paper 2

Aam Aadmi Party (AAP) declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).

About the PESA Act, 1996:

• The Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
• It was enacted by Parliament in 1996 and came into force on 24th December 1996.
• After the Bhuria Committee recommendations in 1995, Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
• The PESA is considered to be the backbone of tribal legislation in India.
• PESA recognises the traditional system of the decision-making process and stands for the peoples’ self-governance.
• Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram

Functions

• To help implementation of the development programmes and schemes of the Panchayat.
• To identify beneficiaries for different programmes and schemes. However, if the Gram Sabha fails to identify such beneficiaries within a reasonable time, the Gram Panchayat shall identify the beneficiaries.
• To solicit support — in cash or kind or both and voluntary labour — from the public for community welfare programmes.
• To support the programmes of mass education and family welfare.
• To promote unity and harmony among all sections of the society in the village.
• To seek clarification from the Mukhiya, Up-Mukhiya and other members of the Gram Panchayat about any particular activity, scheme, income and expenditure.
• To discuss and recommend appropriate action with regard to reports of the Vigilance Committee.
• Other related matters brought to the notice of the Gram Sabha.
• To consider levy of taxes, rates, rents & fees & enhancement of rates thereof.
• To consider all such matters as may be referred by the Gram Panchayat for its decision.

What is the issue in Gujarat?

• Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
• However, while the provisions of the law deem the Gram Sabhas as “most competent” to deal with matters related to their territories for safeguarding their customs, traditions as well as the natural resources in the tribal areas, the Act has not been enforced in letter and spirit,.

Powers provided to Gram Sabha and Panchayat 

• Regulate sale/consumption of intoxicants.
• Ownership of minor forest produce.
• Prevent land alienation and restore alienated land.
• Manage village markets.
• Control over money lending to STs.
• Control over institutions and functionaries in social sector, local plans including Tribal sub plans and resources

Role of the state government

• State legislation governing Panchayats in Scheduled Areas must be consistent with customary law, social and religious norms, and traditional community resource management techniques.
• Every village must have a Gram Sabha, made up of people whose names are on the village Panchayat’s electoral lists, which is responsible for safeguarding and preserving the people’s traditions and practices, as well as their cultural identity, community resources, and traditional dispute resolution methods.
• Every Gram Sabha is responsible for approving plans, programs, and projects for social-economic development before implementation at the village level and also identifying beneficiaries under poverty alleviation programs.
• Every village Panchayat will be obliged to get a certificate from the Gram Sabha certifying the use of money for the specified plans, programs, and projects.
• In every Panchayat, the number of seats reserved in Scheduled Areas shall be proportional to the population of the communities for whom reservation is sought under Part IX of the Constitution. The reservation for Scheduled Tribes must not be less than half of the total number of seats. Furthermore, all seats of Panchayat Chairpersons at all levels will be reserved for Scheduled Tribes.
• Scheduled Tribes with no representation in the Panchayat at the intermediate level or the Panchayat at the district level may be nominated by the state government. However, no more than one-tenth of the total number of members to be elected in that Panchayat may be nominated.
• Before acquiring land in the Scheduled Areas for development projects or resettling or rehabilitating persons affected by such projects in the Scheduled Areas, the Gram Sabha or Panchayats at the relevant level must be consulted.

Syllabus: General Studies Paper 2

Kerala governor took exception to the State government’s move to reissue ordinances instead of getting the executive orders ratified by the Assembly.

• The government had sent Mr. Khan 11 ordinances for repromulgation. 
• They included the controversial Kerala Lok Ayukta, 1999, amendment ordinance.
• The Kerala Cooperative Societies Act, 2022, amendment ordinance.
• The Supreme Court had ruled (in January 2017) that re-promulgation of ordinances tantamount to subversion of the democratic legislative process

Ordinance

• Ordinances are temporary laws which can be issued by the President when Parliament is not in session. 
• The President has been empowered to promulgate Ordinances based on the advice of the central government under Article 123 of the Constitution. 
• This legislative power is available to the President only when either of the two Houses of Parliament is not in session to enact laws.

Conditions with regards to the president’s ordinance making powers:

• When one or either of the two Houses of Parliament is not in session, the President may promulgate an Ordinance.
• The President cannot issue an Ordinance unless he is satisfied that the situation necessitates ‘immediate action.’
• The President’s authority to issue ordinances is justiciable if intentions are proved malafide.

Ordinance Making Power of Governor

• Article 213 states that the Governor of the state may issue ordinances when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.

Properties of the Ordinance

• President can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. 
• He can make an ordinance only when he is satisfied that the circumstances make it necessary for him to take immediate action.
• His ordinance-making power is limited. An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights .
• Every ordinance issued by the President during the recess of parliament must be laid before both the Houses of Parliament when it reassembles.
• His power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister.

Misuse of ordinance making power

• The misuse of ordinance powers is just one way in which the quality of democracy in India has been eroded, a phenomenon also known as ‘democratic backsliding’.
• A lack of public trust in democratic institutions and instruments, including the Constitution.
• Undermining the Doctrine of Separation of Powers: In the Kesavananda Bharati vs. State of Kerala case 1973, the Supreme Court listed the separation of powers as a “basic feature” of the Constitution.
• The repromulgation undermines the separation of powers, as it effectively allows the executive to make permanent legislation without legislative input or approval.

Ignoring Supreme Court’s Judgements

• In the D.C. Wadhwa case, the court took up the issue of promulgation of 256 ordinances, of which 69 were repromulgated in Bihar between 1967 and 1981.
• The supreme court ruled that repromulgation of ordinances is against Constitutional morality and is an act of Colourable legislation. Because through ordinance making power the Executive encroaches into the law-making function of the Legislature.
• Further, the court said that there was no such practice of repromulgation by the centre.
• Later, the Centre too started to follow the lead of Bihar. For example, in 2013 and 2014, the Securities Laws Ordinance promulgated 3 times, Land Acquisition Act  twice.
• In 2017, the matter came up again in the Supreme Court. This time, the court gave a strong verdict. It declared that Re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes.
• However, the Centre and states are not following this judgement. It is evident in the current case of the Commission for Air Quality Management.

Our Constitution has provided for the separation of powers among the legislature, executive and judiciary where enacting laws is the function of the legislature. The executive must show self-restraint and should use ordinance making power only in unforeseen or urgent matters and not to evade legislative scrutiny and debates.

Syllabus: General Studies Paper 2

On July 5, the 60-member Manipur Assembly resolved to implement the National Register of Citizens (NRC) and establish a State Population Commission (SPC).

The northeastern States have been paranoid about “outsiders”, swamping out their numerically weaker indigenous communities. The Meiteis and the Nagas of Manipur claim that an NRC is necessary because the political crisis in neighbouring Myanmar has forced hundreds of people into the State from across its 398-km international border. 

Why is Manipur pushing for NRC?

• The northeastern States have been paranoid about “outsiders”, “foreigners” or “alien cultures” swamping out their numerically weaker indigenous communities. Manipur, home to three major ethnic groups, is no different.
• These ethnic groups are the non-tribal Meitei people concentrated in the Imphal Valley, the central part of Manipur, and the tribal Naga and Kuki-Zomi groups mostly inhabiting the hills around. 
• There has been a history of conflict among these three groups, but the NRC issue has seemingly put the Meiteis and the Nagas on the same page. 
• They claim that an NRC is necessary because the political crisis in neighbouring Myanmar, triggered by the military coup in February 2021, has forced hundreds of people into the State from across its 398-km international border. 
• A majority of those who fled or are fleeing belong to the Kuki-Chin communities, ethnically related to the Kuki-Zomi people in Manipur as well as the Mizos of Mizoram. 
• In July, seven Manipur students’ organisations and 19 tribal and mixed groups — none of them representing the Kuki-Zomi people — submitted a memorandum to Prime Minister demanding the implementation of NRC and the establishment of an SPC to “check and balance the population growth”. 

Has Manipur had protective mechanisms?

• In December 2019, Manipur became the fourth northeastern State to be brought under the inner-line permit (ILP) system after Arunachal Pradesh, Mizoram and Nagaland. A temporary official travel document to allow inward travel of an Indian citizen into a protected area.
• But less than two years later, an umbrella organisation that spearheaded the ILP movement said the system was flawed and that Manipur needed a stronger and more effective mechanism for protecting indigenous populations.
• They also recalled a movement in the 1980s for the detection and deportation of foreigners from Manipur, following which the State government had signed two agreements for using 1951 as the base year for identifying the non-residents and evicting them.

What is the status of the NRC elsewhere in the northeast?

• Assam is the only State in the region that undertook an exercise to update the NRC of 1951 with March 24, 1971, as the cut-off date for citizenship of a person. 
• The complete draft of the Assam NRC was published in August 2019, excluding 19.06 lakh out of 3.3 crore applicants, which the government in the State and some indigenous groups have refused to accept. 
• Their petitions for re-verification of the NRC to weed out “Bangladeshis”, allegedly included erroneously or fraudulently, are pending before the Supreme Court, which had monitored the exercise.
• Nagaland attempted a similar exercise called RIIN (Register of Indigenous Inhabitants of Nagaland) in June 2019 to primarily sift the indigenous Nagas from the non-indigenous Nagas. 
• The move, seen as directed particularly against the Nagas of adjoining Manipur, was shelved following opposition from several groups, including the extremist National Socialist Council of Nagalim or NSCN (I-M), the bulk of whose members are ironically from Manipur.

Syllabus: General Studies Paper 2

Addressing the 7th meeting of the NITI Aayog Governing Council, the Prime Minister said that during the pandemic every State played a crucial role by focussing on the grassroots delivery of public services through cooperation across political lines. 

The Governing Council discussed four key issues: 

• Crop diversification and achieving self-sufficiency in pulses, oilseeds and other agri-commodities
• Implementation of the National Education Policy (NEP) in school education
• Implementation of the National Education Policy in higher education 
• Urban governance.

The Prime Minister stressed the need 

• To focus on modernised agriculture, animal husbandry, and food processing to become self-sufficient and a global leader in the agriculture sector. 
• He said rapid urbanisation could be turned into a strength by using technology to ensure ease of living, transparent service delivery and improvement in the quality of life.
• State should focus on promoting trade, tourism and technology via every Indian Mission around the world. 
• The States must focus on reducing imports, increasing exports and identifying opportunities thereof.

NITI Aayog

• The National Institution for Transforming India, also called NITI Aayog, was formed via a resolution of Union Cabinet on Jan 1, 2015 and it replaced the Planning Commission.
• NITI Aayog is the premier policy ‘Think Tank’ of GoI to bring states to act together in national interest, and therby foster Cooperative federalism.

Composition

• Chairperson: Prime Minister
• Vice-Chairperson: To be appointed by Prime-Minister
• Governing Council: Chief Ministers of all states and Lt. Governors of Union Territories.
• Regional Council: To address specific regional issues, Comprising Chief Ministers and Lt. Governors Chaired by Prime Minister or his nominee.
• Adhoc Membership: 2 members in ex-officio capacity from leading Research institutions on rotational basis.
• Ex-Officio Membership: Maximum four from Union council of ministers to be nominated by Prime minister.
• Chief Executive Officer: Appointed by Prime-minister for a fixed tenure, in rank of Secretary to Government of India.
• Special Invitees: Experts, Specialists with domain knowledge nominated by Prime-minister.

Hubs of NITI Aayog

• Team India Hub acts as interface between States and Centre.
• Knowledge and Innovation Hub builds the think-tank acumen of NITI Aayog.
• The Aayog planned to come out with three documents — 3-year action agenda, 7-year medium-term strategy paper and 15-year vision document.

Syllabus: General Studies Paper 3

The Indian Space Research Organisation (ISRO) said that the satellites onboard its maiden Small Satellite Launch Vehicle “are no longer usable” after the SSLV-D1 placed them in an elliptical orbit instead of a circular one.

• While the three solid fuel-based propulsion stages worked normally, the satellites were injected into a wrong orbit, due to failure of logic to identify a sensor failure.

EOS-02 and AzaadiSAT

• The Earth Observation Satellite EOS-02 and the co-passenger student satellites AzaadiSAT are the major payloads for the SSLV.

Small Satellite Launch Vehicle

• Small Satellite Launch Vehicle is India’s smallest launch vehicle weighing 110 tonnes.
• It can carry payloads weighing up to 500 kg and deploy satellites into a 500 km low earth orbit.

Advantages of SSLV

• Can be assembled within 72 hours by a team of just 5-6 people.
• It costs at least one-tenth of those currently in use.
• It can enable a space launch from India every week. 
• It caters specifically to the small and micro satellites that constitute over 90% of all satellites being launched these days.

Significance

• The SSLV is intended to cater to a market for the launch of small satellites into low earth orbits with a quick turn-around time.
• Suited for launching multiple microsatellites & supports multiple orbital drop-offs.
• Shift the burden of commercial launches from PSLV
• The SSLV is likely to cost a fourth of the current PSLV.

Syllabus: General Studies Paper 3

Over the last few weeks, nearly 3,000 cattle have died in Rajasthan and Gujarat due to Lumpy Skin Disease.

A viral infection called the Lumpy Skin Disease (LSD) that has spread across the states. 

What is the Lumpy Skin Disease?

According to a report by GAVI, the Global Alliance for Vaccines and Immunisation, 

• The Lumpy Skin Disease (LSD) disease is caused by a virus called the Capripoxvirus and 
• It is “an emerging threat to livestock worldwide”. 
• It is genetically related to the goatpox and sheeppox virus family.
• LSD infects cattle and water buffalo mainly through vectors such as blood-feeding insects. 
• Signs of infection include the appearance of circular, firm nodes on the animal’s hide or skin that look similar to lumps.
• Infected animals immediately start losing weight and may have fever and lesions in the mouth, along with a reduced milk yield. 
• Other symptoms include excessive nasal and salivary secretion.
• Pregnant cows and buffaloes often suffer miscarriage and in some cases, diseased animals can die due to it as well.

Syllabus: General Studies Paper 3

As the dues of power distribution companies (discoms) to power generators surge to unsustainable levels, with states holding back payments to be made to discoms for electricity supplies as well as against subsidies for free power schemes, the Centre is set to give distribution reforms a renewed push.

• The Electricity (Amendment) Bill 2022, to be introduced in the ongoing monsoon session of Parliament, is likely to push state electricity regulatory commissions to take up timely revision of tariffs and catalyse competition in the retail power distribution sector.
• This also comes amid a renewed debate on the freebie culture and the focus on the mounting dues of power distribution companies.
• According to latest government data, discoms of three states
• Tamil Nadu, Maharashtra and Telangana owed about 57 per cent of total dues to power generating companies (gencos); 
• Followed Uttar Pradesh and Madhya Pradesh and the UTs of Jammu & Kashmir, which account for another about 26 per cent of the total dues of Rs 1,14,222 crore owed to power generation companies.
• Government data updated till March 31, 2022 show that states owe Rs 62,931 crore for services and another Rs 76,337 crore against cost of freebies announced by them to state discoms.

Electricity (Amendment) Bill 2022

• The suggested amendments are to the Electricity Act, 2003 which was enacted to consolidate the laws relating to the generation, transmission, distribution, trading, and use of electricity and generally for taking measures conducive to the development of electricity.
• The Bill proposes that power distribution licensees will be allowed to use the networks of other licensees, which could boost competition and enhance efficiency.
• The government also hopes to insert a new section in the Act that will enable the management of power purchase and cross-subsidy in case of multiple distribution licensees in the same area of supply.
• These measures are expected to promote competition in the power distribution sector so that consumers benefit from competitive prices.
• The government also proposes to enable regulators to fix a minimum tariff ceiling to discourage unhealthy pricing wars among distributors and a maximum ceiling to ensure consumers are protected against price increase shock.
• Amendments are also being made in the Act to strengthen the functioning of the National Load Despatch Centre for ensuring the safety and security of the grid and for the economic and efficient operation of the power system in the country.

The amendments to the act and other recent policy initiatives like the Ministry of Power’s flagship Revamped Distribution Sector Scheme (RDSS) are aimed at resolving issues in the power sector.

Syllabus: General Studies Paper 2

Rajya Sabha Chairman has clarified that members of Parliament do not enjoy any immunity from arrest in criminal cases when the House is in session, and they cannot avoid summons issued by law enforcement agencies.

MP’s Privileges on Arrests

• Under Article 105 of the Constitution, members of Parliament enjoy certain privileges, so they can perform their duties without any hindrances.
• One of the privileges is that a member of Parliament cannot be arrested in a civil case 40 days before the commencement of the session or committee meeting and 40 days thereafter. This privilege is already incorporated under Section 135A of the Civil Procedure Code,1908.
• However, in criminal matters, members of Parliament are not on a different footing than a common citizen. That means members of Parliament do not enjoy any immunity from being arrested in a criminal case during the session or otherwise.

Issues

• Leader of Opposition in the Rajya Sabha has claimed he was “insulted” as he was summoned by the Enforcement Directorate during the working hours of Parliament.
• For this Chairman said, it was “a wrong notion” among members that they have privilege from action by agencies while Parliament is in session.
• He cited Article 105 of the Constitution, Section 135A of the Civil Procedure Code and Supreme Court Judgments.
• He stated that in criminal matters, MPs are not on a different footing than a common citizen. That means MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise.

Supreme Court Judgements on this Issue

• K Anandan Nambiar Case: In this, the Court held that the true Constitutional position is that so far as a valid order of detention is concerned, a Member of Parliament can claim no special status higher than that of an ordinary citizen and is as much liable to be arrested, detained or questioned even during the Session.
• In July 2021, the SC rejected a plea by the Kerala government to withdraw criminal cases against its MLAs, who destroyed public property and disrupted a Budget speech in the Assembly in 2015.
• The state had claimed parliamentary privilege and immunity from criminal prosecution, arguing that the incident occurred inside the Assembly hall. They also said that prior sanction of the Speaker was necessary before the registration of an FIR by the police.
• But the SC held that legislators who indulge in vandalism and general mayhem cannot claim parliamentary privilege and immunity from criminal prosecution, and that this could not be called “essential legislative action”