Caspian Sea: Ural River

• North Anatolian Fault, which runs beneath the sea, has caused massive earthquakes in the region.
Caspian Sea
• The Caspian Sea is the world's largest inland body of water.
• The Caspian Sea, like the Black Sea, is a remnant of the ancient Paratethys Sea.
• The Caspian Sea is highly prized for its vast oil and gas reserves
• It is bounded by Kazakhstan, Russia, Azerbaijan, Iran and Turkmenistan.
• Its main freshwater inflow comes from Europe's longest river, the Volga and the Ural River.
100
Baltic States (Baltics, Baltic nations)

PMF IAS CA JULY 2023
• Baltics is a geopolitical term typically used to group the three countries on the eastern coast of the
Baltic Sea: Estonia, Latvia and Lithuania.
• The three countries do not form an official union but cooperate in matters of security and defence.
• All three countries are members of NATO (to counter the bullying by Russia), the eurozone, the
OECD, and the European Union.
101
Carpathian Mountains
• Carpathian Mountain Range forms an arc across Central and Eastern Europe. Roughly 1,500 km long, it
is the 3rd longest European mountain range after the Urals and Scandinavian Mountains.
• Countries covered by range:
✓ Czech Republic
✓ Austria
✓ Slovakia
✓ Poland
✓ Ukraine
✓ Romania (50%)
✓ Serbia
• The highest range within the Carpathians is known as the Tatra Moun-
tains in Slovakia and Poland.
{GS2 – IR – Russia-Ukraine – 2023/07} Russia-Ukraine Crisis
• Ukraine and Russia were a part of the erstwhile USSR and share cultural, linguistic and familial links.
• Among the USSR nations, Ukraine was the second most powerful nation after Russia.
• The relations between the two nations were cordial from the dissolution of the USSR up until recently.
• Tensions began in late 2013 over Ukraine’s landmark political and trade deal with the EU.
2014: Euromaidan Movement

• Most Ukrainians were angry with the then pro-Russia President Viktor Yanukovych’s decision to join the
Russia-led Eurasian Economic Union instead of the EU.
• Their protests were known as the Euromaidan movement, which saw massive clashes between the pro-
testers and security forces that reached their peak in 2014 and led to the ouster of Yanukovych.
• Soon after, amid fears of growing Western influence in Ukraine (Ukraine slipping out of Russia’s
sphere of influence), Russia invaded and annexed Crimea from Ukraine.
2022: Russia Invades Ukraine

• Russia was keeping the tensions high at the Ukraine border to get sanctions relief and other conces-
sions from the West.
• Also, it was seeking assurances from the US that Ukraine would not be inducted into NATO.
• However, the failure of such assurance by the West, and the pro-outlook of Ukraine towards the West
and NATO, gave an excuse for Russia to conduct a special military operation (later, a full-fledged in-
vasion) on Ukraine on the pretext of demilitarisation and denazification of Ukraine.
Causes Behind the Deepening Crisis

102
Expansions Carried out by NATO

• Even after the dissolution of the Soviet Union (USSR), NATO continued its expansion. It started to pull
former Warsaw Pact states into its membership.
• Both for Russia and the West, Ukraine acted as a crucial buffer at times of war or uncertainty. With
Ukraine seeking NATO membership, this safe buffer for Russia was fast disappearing.
Balance of Power
• Ever since Ukraine split from the Soviet Union, both Russia and the West have vied for greater influence
in the country to keep the balance of power in the region in their favour.
Russia's Strategic Disadvantage Due to Geography

• Russia-Ukraine Crisis is also a fight to overcome geographical disadvantages faced by Russia.
• In the event of a war, the Russian navy cannot reach the Baltic Sea as NATO controls the Skagerrak
Strait, which connects it to the North Sea.
• If Russia gets past the Skagerrak, the GIUK Gap (Greenland, Iceland, UK) in the North Sea will prevent
its advance to the Atlantic.
• Beyond Bosporus Strait, the Aegean Sea, Mediterranean and Gibraltar Straits impede Russia’s
movement to the Atlantic Ocean or its route to the Indian Ocean via the Suez Canal.
• Its naval facility in the Syrian coastal city of Tartus is strategic but limited.
103
Russia’s Demands
✓ A ban on further expansion of NATO to countries like Georgia that share borders with Russia.
✓ Pull back NATO’s military deployments to the 1990s level and prohibit the deployment of intermedi-
ate-range missiles in the bordering areas.
✓ NATO must curb its military cooperation with former Soviet republics, including Ukraine.
Response from the West
➢ The U.S. has ruled out changing NATO’s open-door policy, which means NATO would continue to
induct more members. (Recently, Finland was inducted into NATO)
➢ The U.S. also says it would continue offering Ukraine training and weapons.
➢ The U.S. and the West are imposing new economic sanctions on Russia.
Way Forward: Minsk Agreements

• A practical solution for the Russia-Ukraine situation is to revive the Minsk peace process.
• Minsk agreements were signed to stop the ongoing conflict between pro-Russian separatists and the
104
Ukraine administration in the mineral-rich Donbas region of Ukraine.

Minsk I
• Ukraine and the Russian-backed separatists agreed on a 12-point ceasefire deal in the capital of Bela-
rus in 2014. Its provisions included:
✓ prisoner exchanges,
✓ deliveries of humanitarian aid, and
✓ the withdrawal of heavy weapons.
• The agreement quickly broke down, with violations by both sides.
Minsk II
• In 2015, an open conflict was averted after the ‘Minsk II’ peace agreement was signed under the media-
tion of France and Germany.
• Representatives of Russia, Ukraine, the Organisation for Security and Cooperation in Europe (OSCE)
and the leaders of two pro-Russian separatist regions signed a 13-point agreement.
• The five most important of the 13 points were, in brief:
105
✓ An immediate and comprehensive ceasefire.

✓ Withdrawal of all heavy weapons by both sides.

✓ Restore complete control of the state border by the government of Ukraine.
✓ Withdrawal of all foreign armed formations, military equipment and mercenaries.
✓ Constitutional reform in Ukraine, including decentralisation, with specific mention of Donetsk and
Luhansk (paving the way for their secession from Ukraine!).
Effect of Russia-Ukraine Crisis on Global Supply Chain
Disrupted Ukrainian Exports

• Ukraine is the largest crop-producing country in Europe and is known as the breadbasket of Europe.
• It has high-quality soil in its eastern and southeastern parts (the most vulnerable to Russia’s invasion).
• Ukraine accounts for more than 25% of the world’s trade in wheat and more than 60% of global sun-
flower oil, and 30% of global barley exports.
• It sends over 40% of its wheat and corn exports to the Middle East or Africa.
• Some 45%-54% of the world's semiconductor-grade neon, critical for the lasers used to make chips,
comes from Ukrainian firms, which are now shut following the attack by Russia.
• The stoppage casts a cloud over the worldwide output of chips already in short supply.
Disrupted Russian Exports

• Russia is the world’s largest supplier of wheat.
• Russia is also a major global exporter of fertilisers.
• Europe gets nearly 40% of its natural gas and 25% of its oil from Russia.
• Russia is a significant source of many critical minerals deemed vital, including 30% of the globe’s sup-
ply of platinum-group elements, 13% of titanium and 11% of nickel.
• Russia is also a significant neon source, used for etching circuits on silicon wafers.
• Russia exports rare metals like palladium to make semiconductors.
What is Palladium?
• Palladium is a rare metal used as an alternative to gold in making various devices, as the metal is
highly malleable and corrosion-resistant.
• Russia and South Africa are the two largest producers of palladium.
• Applications: Automobile makers, electronics manufacturers, and biomedical device production.
Black Sea Grain Initiative
106
• Context (TH): Russia suspended the Black Sea Grain Initiative until its demands to allow the export of
food and fertiliser to the world are met.
• Black Sea Grain Initiative was launched in Istanbul by Russia, Türkiye, Ukraine, and the UN in 2022.
• This initiative allows commercial food and fertiliser (including ammonia) exports from Ukrainian
ports to global markets via the Black Sea.
• The purpose was to contribute to the prevention of global hunger, to reduce and address global food
insecurity, and to ensure the safety of merchant ships delivering grain and foodstuffs.
{GS2 – IR – Russia-Ukraine – 2023/07} Some International Organisations in News
107
European Union (EU)

• The European Union (EU) is a political and economic union of 27 member states.
• It was established in 1993 when the Maastricht (Netherlands) Treaty was enacted.
• It traces its origins to the
1. European Coal and Steel Community (ECSC), established by the 1951 Treaty of Paris, and
2. European Economic Community (EEC), established by the 1957 Treaty of Rome.
• The EU has developed an internal single market through a standardised system of laws that apply in
all member states in those matters where members have agreed to act as one.
• EU policies aim to ensure
✓ the free movement of people, goods, services and capital within the internal market;
✓ enact legislation in justice and home affairs; and
✓ maintain standard policies on trade, agriculture, fisheries and regional development.
108
Members
• Original members: Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany.
• Members that adopted the Euro: Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece,
Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia and Spain.
• Members that have not adopted the Euro: Hungary, Czech Republic, Sweden, Denmark, Croatia, Ro-
mania and Bulgaria.
• On 31 January 2020, the United Kingdom became the first member state to leave the EU.
• Earlier, French Algeria (Colonial Algeria), Greenland (Denmark) and Saint Barthélemy (French Over-
seas Territory in the Lesser Antilles) — had left the EU.
• The only member state of the EU wholly outside of Europe is Cyprus, which is in Asia.
Schengen Area
• Schengen Area signifies a zone where 27 European (not to be confused with EU) countries abol-
ished their internal borders for the free and unrestricted movement of people.
• Passport controls have been abolished for travel within the Schengen Area.
• Schengen Area covers most of the EU countries, except Ireland, and the countries soon to be part of
the Schengen Area Romania, Bulgaria, and Cyprus.
• Although not members of the EU, countries like Norway, Iceland, Switzerland and Lichtenstein are
also part of the Schengen zone.
Quad or Quadrilateral Security Dialogue (QSD)

• Quad is a strategic security dialogue between Australia, India, Japan, and United States.
• The dialogue was initiated in 2007 by the Japanese PM.
• The dialogue was paralleled by joint military exercises, titled Exercise Malabar.
• The diplomatic and military arrangement is widely viewed as a response to increased Chinese economic
and military power. Therefore, Quad is sometimes referred to as Asian NATO.
• Quad Plus Members: New Zealand, South Korea and Vietnam.
109
Others
Eurasian Economic Union (EEU)

• It is an economic union of post-Soviet states in Eastern Europe, Western Asia and Central Asia.
• EEU Treaty was signed by the leaders of Belarus, Kazakhstan, and Russia and came into force in 2015.
• It encourages the free movement of goods and services and provides for standard policies in the macro-
economic sphere, transport, industry, agriculture, etc.
Organization for Security and Cooperation in Europe (OSCE)

• OSCE is a security-oriented intergovernmental organisation with observer status at the UN.
• It is based in Vienna, Austria.
• It has 57 members spanning Europe, Asia, and North America. India is not a member.
• Its mandate includes issues such as arms control, promotion of human rights, freedom of the press,
and fair elections.
Three Seas Initiative (3SI)

• 3SI brings together 12 EU member states between the Adriatic Sea, the Baltic Sea and the Black Sea.
• The initiative is designed to contribute to economic growth and energy security in Europe.
• Members: Austria, Bulgaria, Estonia, Croatia, Lithuania, Latvia, Poland, Romania, Slovakia, Slovenia, the
Czech Republic and Hungary.
• Partners: the United States, Germany and the European Commission.
110
Bucharest Nine (Bucharest Format/B9)

• B9 is a group of nine EU & NATO countries in Eastern Europe (that joined NATO after the Cold War).
• It is regarded as the “voice of the Eastern Flank” in the NATO alliance.
• Members: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, and Slo-
vakia. (B9 = 3SI minus Austria, Slovenia and Croatia)
Normady Format of Dialogue

• The Normandy format is a diplomatic grouping of Germany, Russia, Ukraine, and France created in
2014 to find a peaceful resolution to the conflict following Russia’s military aggression.
{GS2 – IR – Russia-Ukraine – 2023/07} Strategic Regions/Infrastructure
Crimea
• The Isthmus of Perekop connects the Crimean Peninsula to mainland Ukraine.
• In 2014, Russia invaded and subsequently annexed the pro-Russian Crimean Peninsula from Ukraine.
111
Why is Crimea so important for Russia?
• Vladivostok, the largest Russian port on the Pacific Ocean, is enclosed by the Sea of Japan, which
the Japanese dominate.
• This does not just halt trade flow but prevents the Russian fleet from operating as a global power, as
it does not have year-round access to the world’s most important sea lanes.
• Moreover, most of the Russian ports, even when open for business, do not allow for easy access to the
Mediterranean Sea.
• This has left Russia with a military incentive to expand in the warmer water port of Crimea.
Sevastopol Port
• Warm-water ports are essential to Russian security because they enable Russia to control the sea,
project power, maintain good order, and observe a maritime consensus.
• The Port of Sevastopol is considered a critical hold for maritime routes between the Black Sea and Sea
of Marmara, and, therefore, the Mediterranean Sea and the Atlantic Ocean.
• The port is one of the few warm deep-water ports available to Russia in the Black Sea.
• Also, the Russian Black Sea Fleet is situated in Sevastopol. Its presence in the area gives Russia a mili-
tary advantage, and it can carry out tactical manoeuvres (as it did in the Georgian-Russian conflict).
• Its importance has grown since the Syrian conflict because losing the Tartus fleet in Syria would
mean having only one warm-water port in Sevastopol.
112
Donbas Region
• Russia officially announced the independence of the Donetsk and Luhansk republics, effectively killing
the Minsk agreements. Both Donetsk and Luhansk are collectively called as Donbas Region.
Significance of Region
• It is essential to Russia’s current vision for Ukraine, as it contains areas controlled by Russian-backed
separatist groups. Also, resource-wise, the Donbas region is rich in coal.
113
NORD Stream 1 and NORD STREAM 2
• Nord Stream is a set of offshore natural gas pipelines in Europe, running under the Baltic Sea from
Russia to Germany.
• It includes 2 projects:
1. Nord Stream 1: Running from Vyborg in northwestern Russia near Finland.
2. Nord Stream 2: Running from Ust-Luga in northwestern Russia near Estonia.
Who is against Nord Stream 2?

• The US and UK, along with Russia's neighbours Poland and Ukraine, strongly oppose Nord Stream 2.
• They fear that if they were to start operating, it would give Russia even more of a stranglehold over gas
supplies to Europe.
{GS2 – IR – Treaties – 2023/07} Convention on Cluster Munitions
• Context (BBC I TH): The US wants to comply with a Ukrainian request to supply cluster munitions.
• Cluster munitions are a method of dispersing large numbers of tiny bomblets from a rocket, missile,
or artillery shell that scatters them in mid-flight over a wide area.
• They are intended to explode on impact, but a significant proportion are “duds”, meaning they don't
explode initially – this happens especially if they land on wet or soft ground.
Convention on Cluster Munitions (Why are they banned?)

114
• More than 100 countries, including the UK, France, and Germany, have signed an international treaty –
the Convention on Cluster Munitions – that outlaws the use or stockpiling of these weapons due to
their indiscriminate effect on civilian populations.
• Children are particularly prone to injury as the bomblets can resemble a small toy left in a residential
or farmland area and are often picked up out of curiosity.
• Human rights groups have described cluster munitions as "abhorrent" and even a war crime.
Who still uses them?
• Both Russia and Ukraine have been using cluster munitions since the start of Russia's full-scale invasion
in February 2022. Neither has signed the treaty banning them.
• The US also has not signed the treaty but has criticised Russia's extensive use of the weapon.
• Russian cluster munitions reportedly have a "dud rate" of 40%, meaning large numbers remain a hazard
on the ground, whereas the average dud rate is believed to be close to 20%.
{GS2 – MoA – 2023/07} NAFED
• Context (PIB): The Department of Consumer Affairs has directed NCCF and NAFED to sell tomatoes at
the retail price of Rs. 70/- per kg rate because of the declining trend in tomato prices.
National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED)

• NAFED was established on the 2nd of October 1958.
• It is registered under the Multi-State Co-operative Societies Act.
• It is an apex organisation under the Ministry of Agriculture that deals with cooperative marketing of
agricultural produce to benefit the farmers.
• Agricultural farmers are the prominent members of Nafed.
• NAFED is the nodal agency to implement price stabilisation measures.
115
Objectives
✓ To develop marketing, processing and storage of agricultural, horticultural and forest produce.
✓ Distribution of agricultural machinery, implements and other inputs.
✓ Undertake inter-state, import and export trade, wholesale or retail as the case may be.
✓ Act as a warehouseman under the Warehousing Act and construct its own godowns/cold storages.
✓ Advance loans to its members and on the security of goods.
National Cooperative Consumers' Federation of India (NCCF)
• NCCF comes under the ambit of the Ministry of Consumer Affairs, Food and Public Distribution.
• NCCF is registered under the Multi-State Co-operative Societies Act, 2002.
• It functions as the apex body of consumer cooperatives in the country.
• The ultimate authority of NCCF vests in the hands of the general body.
Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED)

• TRIFED was also established (in 1987) under the Multi-State Cooperative Societies Act, 1984.
• It functions under the administrative control of the Ministry of Tribal Affairs.
• It is mandated to care about the socio-economic development of tribals by institutionalising the
trade of Minor Forest Produce (MFP) and Surplus Agricultural Produce (SAP) cultivated by them.
• It plays the dual role of a market developer and a service provider.
{GS2 – MoC – 2023/07} Multi-State Cooperative Societies (MSCS)
• Context (PIB): Lok sabha has passed the Multi-State Cooperative Societies (Amendment) Bill, 2023.
Co-operatives
• Co-operatives are voluntary, democratic, and autonomous organisations controlled by their members.
• Multi-state co-operative societies (MSCS) operate in more than one state in various sectors such as
agriculture, textile, poultry, and marketing.
• States regulate state cooperative societies' incorporation, regulation, and winding up.
• Parliament can legislate on matters related to the incorporation, regulation, and winding up of MSCS.
• The MSCS Act 2002 provides for the functioning of MSCS under the Ministry of Cooperation.
Constitutional Status
• Part IXB of the IC grants constitutional status to cooperative societies and contains provisions for
their democratic functioning. It was inserted by the Constitution (97th Amendment) Act, 2011.
• The SC, in 2021, held that Part IXB of IC would only apply to MSCS, as states have the jurisdiction to
legislate over state cooperative societies (SCS).
Issues concerning the functioning of co-operatives

➢ Inadequacies in governance.
116
➢ Politicisation and the excessive role of the government.

➢ Lack of efforts for capital formation.

➢ Inability to attract and retain competent professionals.
➢ Indefinite postponement of elections to cooperative boards, etc.
Multi-State Cooperative Societies (Amendment) Bill, 2023

• The MSCS bill seeks to amend the Multi-State Co-operative Societies (MSCS) Act, 2002, to align its
provisions with those provided under Part IXB of the Constitution (democratic governance).
Election of board members

• Under the Act, the existing board conducts elections for the board of an MSCS. The Bill amends this
to establish a Co-operative Election Authority by GOI for conducting elections to MSCS boards.
• The Authority will consist of a chairperson, vice-chairperson, & up to three members appointed by GOI.
Amalgamation of co-operative societies

• The Act provides only for the amalgamation and division of MSCS. The Bill, however, allows state co-
operative societies to merge into an existing MSCS, subject to state laws.
Fund for sick cooperative societies

• The Bill establishes the Co-operative Rehabilitation, Reconstruction and Development Fund to re-
vive sick MSCS. Profitable MSCS (in the three preceding financial years) will finance the Fund.
Issue
➢ Reviving sick cooperative societies may burden profitable societies.
➢ It is unfair to force a profitable MSCS to fund a sick MSCS, which might be a direct competitor.
Restriction on redemption of government shareholding

• The Act provides that the shares held in an MSCS by certain central/state government authorities can
be redeemed (repurchased) based on the society's bye-laws.
• The Bill amends this to provide that any shares held by the central and state governments/authorities
cannot be redeemed (repurchased) without their (authority’s) prior approval.
Issue
• While the provision ensures government control in case of malfunctioning co-operatives, it may go
against the cooperative principles of autonomy and independence.
Redressal of complaints
• As per the Bill, GOI will appoint one or more Co-operative Ombudsman with territorial jurisdiction.
• The Ombudsman should inquire into complaints made by members of MSCS and adjudicate within
three months of receiving the complaint.
117
{GS2 – MoCA – 2023/07} National Financial Reporting Authority (NFRA)

• Context (PIB | LM): The resignation of the auditor of Think and Learn Pvt. Ltd (Byju’s) has exposed a
gap in the regulatory framework for auditors.
Origins of NFRA
• NFRA is an independent regulator overseeing the auditing profession.
• The idea for an NFRA came following the Satyam scam in 2009.
• Section 132 of the Companies Act, 2013, provided for the setting up of the NFRA.
• The NFRA committee was constituted in 2018 by GOI under Sub Section (1) of Section 132.
• Composition: Chairman, three full-time members, and one secretary.
Functions and Duties

• As per Sub Section (2) of Section 132 of the Companies Act, 2013, the duties of the NFRA are to:
1. Recommend to GoI the accounting and auditing standards to be adopted by companies/auditors.
2. Monitor and enforce such standards and policies.
3. Oversee the professions associated with the compliance of these standards and policies.
Powers of NFRA
• It can investigate the professional misconduct of any member or a firm of chartered accountants.
• It can issue summons and examine on oath.
• It can also inspect any books, registers and documents of professionals/firms probed.
• It can impose penalties and debar a firm member.
Purview
• Under the NFRA Rules, 2018, the NFRA has the power over:
1. Listed companies
2. Large unlisted companies
✓ Having paid-up capital of rupees five hundred crores or more, or
✓ Having an annual turnover of rupees one thousand crores or more, or
✓ Having aggregate outstanding loans, debentures, and deposits of five hundred crores or more.
• NFRA’s mandate also covers any company/person, if referred by GoI in the public interest.
Blindspot
• The oversight of audit regulator NFRA extends ONLY to statutory auditors of listed companies,
banks, insurers, power utilities, and large unlisted public limited companies.
• It excludes private limited companies, no matter how big they are.
• This certainly makes a case for amending the NFRA Rules of 2018, which defines the public interest
118
entities, the auditors of which come under the regulator’s ambit.
Alternate Viewpoint
• Self-regulator, the Institute of Chartered Accountants of India (ICAI), can address any governance
issue relating to entities outside NFRA’s mandate.
• Large investors in private limited companies are financially well-informed. NFRA must focus its resources
on companies where the public interest is involved.
• Startups are expected to innovate, and a greater regulatory burden is not in their interest.
 Under Section 143 of the Companies Act, a statutory auditor quitting an audit assignment must re-
port to the government any fraud in the company.
 Independent regulators such as registrars of companies and NFRA and probe agencies such as the
Serious Fraud Investigation Office (SFIO) are within the MoCA’s regulatory ecosystem.
Serious Fraud Investigation Office (SFIO)

• SFIO is a multi-disciplinary organisation under MoCA, consisting of experts in accountancy, forensic
auditing, company law, taxation, etc., for detecting and prosecuting white-collar crimes/frauds.
• SFIO also has powers to arrest people for violating Company law.
• Section 211 of the Companies Act, 2013, has accorded statutory status to SFIO.
{GS2 – MoCF – 2023/07} PMBJP

119
• Context (PIB): Pharmaceuticals and Medical Devices Bureau of India (PMBI) has added new prod-
ucts under Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP).

• PMBJP was launched by the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers
(MoC&F) in 2008 to make quality generic medicines available at affordable prices to all.
• It is operated by government agencies as well as by private entrepreneurs.
• It is implemented by the Pharma and Medical Bureau of India (PMBI – MoC&F).
Objectives
❖ Provide quality medicines for everyone, especially the poor and deprived people.
❖ Raise awareness about generic medicines to break the notion that only expensive means quality.
❖ Generate jobs by involving entrepreneurs in opening PMBJP Kendra.
Salient features
1. Prices of Jan Aushadhi medicines are 50%-90% less than branded medicines in the open market.
2. Medicines are procured only from WHO Good Manufacturing Practices (WHO-GMP) certified suppliers
to ensure the quality of the products.
3. Each batch of drugs is tested at laboratories accredited by the 'National Accreditation Board for Test-
ing and Calibration Laboratories (NABL)' to ensure the best quality.
Ayushman Bharat
• It was launched in 2018 to achieve the vision of Universal Health Coverage (UHC).
• It is an attempt to move from a sectoral and segmented approach to health service delivery to a com-
prehensive need-based health care service.
• Its components are:
1. Health and Wellness Centres (HWCs)
2. Pradhan Mantri Jan Arogya Yojana (PM-JAY)
Health Wellness Centre

• Currently, the existing 1.5 lakh Sub Centres and Primary Health Centres are being transformed into 1.5
lakh Health Wellness Centres (HWCs).
• These centres will deliver Comprehensive Primary Health Care which is universal and free.
• These centres would be equipped with facilities like telemedicine.
• Yoga lessons will also be offered in the vicinity of these centres.
Pradhan Mantri Jan Arogya Yojana (PM-JAY)

• It is the largest health assurance scheme in the world.
• It aims at providing a health cover of Rs. 5 lakhs per family per year
to over 10 crores poor and vulnerable families that form the bottom
120
40% of the Indian population.

• The households included are based on the deprivation and occupa-

tional criteria of the Socio-Economic Caste Census 2011 (SECC 2011)
for rural and urban areas, respectively.
• It is one significant step towards achieving Universal Health Coverage
(UHC) and SDG3.
• The National Health Authority (MoH&FW) implements it.
• States/ UTs are advised to implement the scheme by a dedicated entity called State Health Agency.
Benefits
• It covers almost all secondary care and most tertiary care procedures.
• There is no restriction on the family size, age or gender.
• Benefits of the scheme are portable across the country (a beneficiary can visit any empanelled public
or private hospital in India to avail cashless treatment).
• It covers up to three days of pre-hospitalization & fifteen days of post-hospitalization expenses.
• A defined transport allowance per hospitalisation is included in this.
National Health Authority (NHA)

• NHA has been set up to implement PM-JAY.
• It is an attached office of the Ministry of Health and Family Welfare with full functional autonomy.
• NHA is governed by a Governing Board of eleven members chaired by the Union Minister for Health.
• It is headed by a CEO, an officer of the rank of Secretary.
• The CEO is the Ex-Office Member Secretary of the Governing Board.
National Accreditation Board for Testing and Calibration Laboratories (NABL)

• It is a constituent board of the Quality Council of India, an autonomous body set up under the De-
partment for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce.
• Its objective is to assess the quality and technical competence of testing and calibration labora-
tories for the Government, Industry Associations, and Industry.
• In order to achieve this objective, NABL provides laboratory accreditation services to laboratories that
are performing tests/calibrations.
Pharma and Medical Bureau of India (PMBI)

• It is a society (under MoC&F) registered under the Societies Registration Act, 1860.
• It is the only agency for opening PMBJP Kendra across India and has no subsidiaries.
• Its vision is to bring down the healthcare budget of every citizen of India by providing "Quality Ge-
neric Medicines at Affordable Prices".
Nutraceutical
121
• It is a food or part of it that provides the body with medical or health benefits, including the preven-
tion and treatment of a disease.
{GS2 – MoCI – 2023/07} Government e-Marketplace (GeM)
• Context (PIB): Coal Ministry bags the “Best Engagement” Award for Procurement through GeM Portal.
• Government e-Marketplace (GeM) is the Public Procurement Portal for procuring goods and ser-
vices for all Central and State Government Ministries, Departments, Public Sector Units (PSUs), etc.
• It was launched in 2016 to bring transparency and efficiency to the government buying process.
• It is a 100 per cent GoI-owned company set up under the aegis of the Ministry of Commerce.
• In 2017, GoI made it mandatory for all ministries to procure goods/services from the GeM.
Advantages of GeM
✓ Increased Public Savings: An independent assessment by the World Bank reported that GeM enabled
an average savings of 9.75% on the median price between February 2019 and January 2020.
✓ Aatmanirbhar Bharat: In 2020, GeM made it mandatory for sellers to enter the Country of Origin while
registering products on GeM to promote ‘Make in India’ and ‘Aatmanirbhar Bharat’.
✓ Enabling MSMEs to Scale Up: The portal allows MSMEs to scale up their business and increase sales.
{GS2 – MoDNER – 2023/07} PM-DevINE
• Context (PIB): Prime Minister’s Development Initiative for North East Region (PM-DevINE)
Scheme aims to address development gaps in the North East Region.
• PM-DevINE scheme was announced as a 100% Central Sector Scheme in Budget 2022-23.
• The scheme has an outlay of Rs. 6,600 crore for the four years from 2022-23 to 2025-26.
• It is implemented by the Ministry of Development of North Eastern Region (DoNER) through the
North Eastern Council (NEC).
Objectives
❖ Fund infrastructure convergently in the spirit of PM GatiShakti.
❖ Support social development projects based on the felt needs of the North Eastern Region (NER).
❖ Enable livelihood activities for youth and women.
❖ Fill the development gaps in various sectors.
North Eastern Council (NEC)

• It is the nodal agency of MoDNER overseeing the economic and social development of the NER.
• It is a statutory advisory body constituted under the NEC Act 1971.
• The headquarters of the council is situated in Shillong.
Members
122
1. The Governors and the Chief Ministers of the eight-member States.

2. Chairman and three Members nominated by the President of India.
Functions
• The council discusses any matter in which some or all of the States represented in the Council have a
common interest and advises the Central and State governments concerned, particularly concerning:
1. Any matter of common interest in economic and social planning.
2. Any matter concerning inter-State Transport and Communications.
3. Any matter relating to Power or Flood-control projects of common interest.
Ministry of Development of North Eastern Region (MoDNER)

• It is responsible for the matters relating to the planning, execution and monitoring of development
schemes and projects in the North Eastern Region.
• This is the only Ministry with territorial jurisdiction.
North Eastern Region (NER)

• It consists of eight states Assam, AP, Manipur, Meghalaya, Mizoram, Nagaland, Tripura, and Sikkim.
• It accounts for 7.9% of the total geographical area of the country.

• It shares its boundary with four countries viz, China, Myanmar, Bhutan and Bangladesh.
• The western side of the North East is connected to the eastern part of the Indian subcontinent by a
narrow land corridor, sometimes referred to as the Siliguri Corridor or "Chicken's Neck".
{GS2 – MoE – 2023/07} Education For All
• Context (PIB): The Ministry of Education (MoE) launched the Understanding Lifelong Learning for
123
All in Society (ULLAS) mobile application to promote basic literacy.

• It will serve as a digital gateway for learners through the DIKSHA portal of NCERT.
ULLAS: New India Literacy Programme

• In March 2023, the MoE (formerly the Ministry of Human Resource Development) launched the
ULLAS scheme for FYs 2022-2027 to cover all the aspects of Education For All.
• It primarily targets citizens aged 15 and above who missed formal schooling.
• It imparts basic education, digital and financial literacy and critical/essential 21st century skills.
Salient Features of the scheme

❖ School will be a unit for the implementation of the scheme.
❖ Schools to be used for conducting surveys of beneficiaries and volunteers.
❖ Different strategies are to be adopted for different age cohorts.
❖ Performance Grading Index (PGI) for state/UT and district level will show the performance of States
and UTs in implementing the scheme and achievements.
ULLAS Process
124
• It is being implemented through volunteerism for teaching and learning.
• Learners and volunteers can register through self-registration or via surveyors.
• It encourages volunteers to participate in nation-building as Duty or Kartavya Bodh.
• Student volunteers will be incentivised with credits in school/university and appreciation through cer-
tificates, letters of appreciation, felicitation, etc.
National Council of Educational Research and Training (NCERT)

• NCERT is an autonomous organisation under MoE (formerly MoHRD), GoI.
• It assists and advises the Central/State Governments on policies/programmes for qualitative im-
provement in school education.
• Established in 1961, it is a literary, scientific and charitable Society under the Societies Registration
Act (allows the registration of entities generally involved in the benefit of society).
• The primary objectives of NCERT are to:
❖ undertake, promote and coordinate research in areas related to school education;
❖ prepare and publish model textbooks, educational kits, multimedia digital materials, etc.
❖ organise pre-service and in-service training of teachers;
❖ develop and disseminate innovative educational techniques and practices;
❖ collaborate with state educational departments, universities, NGOs, etc.;
• NCERT is an implementation agency for exchange programmes in school education.
• As per the National Education Policy 2020, NCERT is the nodal agency to develop National Curric-
ulum Frameworks (NCFs) for
1. Early Childhood Care and Education (ECCE),
2. School Education, and
3. Adult Education.
Adult Education in the country

• The terminology “Adult Education” is not appropriately incorporating all non-literates of 15 years
and above age group. Hence, the term “Education For All” will be used instead of “Adult Education”.
PM PM e-VIDYA
• PM e-VIDYA by MoE unifies all digital/online/on-air education efforts of GoI.
DIKSHA (Digital Infrastructure for Knowledge Sharing)

125
• It is an initiative of the NCERT (MoE) launched in 2017.

• It is a national platform for school education.

• It offers teachers/students/parents learning material relevant to the prescribed curriculum.
• It is a storehouse of many eBooks and e-Contents created by States/UTs, etc.
• Under the PM eVidya initiative of the GoI, DIKSHA has been declared as ‘One Nation, One Digital
Platform’ and the content of PM eVIDYA DTH-TV channels is available on the DIKSHA platform.
126
{GS2 – MoE – 2023/07} Performance Grading Index (PGI)

• Context (PIB | PIB I AIR I TH): Ministry of Education released Performance Grading Index 2.0.
• PGI measures the performance of states & UTs in school education.
• States are graded and not ranked.
 Indian School Education System is one of the largest in the world, with about 14.9 lakh schools, 95 lakh
teachers, and nearly 26.5 crore students from varied socio-economic backgrounds.
PGI 2.0
• PGI was first released in 2017-18 and has been released every year till 2020-21.
• The structure for the index was revised for 2021-22. It was renamed PGI 2.0.
• The new PGI structure covers 73 indicators, focused more on qualitative assessment besides including
digital initiatives and teacher education.
Grades
• PGI 2.0 for 2021-22 classified the States/UTs into ten grades.
127
• Highest achievable Grade is Daksh, which is for a score more than 940 points out of 1000 points.
• The lowest grade is Akanshi-3 which is for a score up to 460.
Highlights of the PGI 2.0 report

• None of the States/UTs achieved the top grades: Daksh, Utkarsh, Atti-Uttam, Uttam or Prachesta 1.
• Only Punjab and Chandigarh achieved Prachesta 2 grade (641 to 700 points).
Importance
• The aim of PGI 2.0 is to encourage States & UTs to undertake multi-pronged interventions and bring
the much-desired optimal education outcomes covering all dimensions.
• The PGI 2.0 is expected to help States and UTs pinpoint the gaps and prioritise areas for intervention
to ensure that the school education system is robust at every level.
• Many States and UTs have made substantial improvements in many of the outcome parameters in
2021-22, showing the efficacy of the PGI system.
Performance Grading Index for Districts (PGI-D)

• Ministry of Education released a combined report on the Performance Grading Index for Districts
(PGI-D) for the year 2020-21 & 2021-22.
• PGI-D uses data collected from various sources like Unified District Information System for Education
Plus (UDISE+), National Achievement Survey (NAS), data provided by respective districts, etc.
• Based on the success of State PGI, 83-indicator-based PGI-D has been designed to grade the perfor-
mance of all districts in school education.
• The PGI-D structure comprises of total weightage of 600 points, which are grouped under 6 catego-
ries viz.,
1. Outcomes,
2. Effective Classroom Transactions,
3. Infrastructure Facilities & Student Entitlements,
4. School Safety & Child Protection,
5. Digital Learning
6. Governance Process.
Grades PGI-D score
Daksh more than 90%
128
Utkarsh 81% to 90%

Ati-Uttam 71% to 80%
Uttam 61% to 70%

Prachesta-1 51% to 60%
Akanshi-1 21% to 30%
Akanshi-2 11% to 20%
Akanshi-3 Upto 10%
• No districts found a place in the top 2 grades (Daksh and Utkarsh) of the PGI-D.
• 121 districts were graded as Ati-Uttam for 2020-21, while just 51 districts made the grade for 2021-22.
Annual Status of Education Report – Rural (ASER – Rural)

• ASER provides estimates of children's schooling and learning in rural India for each district and state.
• It is released by the Pratham Foundation.
• ASER is a household-based rather than a school-based survey.
{GS2 – MoHFW – 2023/07} Mental Health: Tele-MANAS
• Context (TH I PIB): Tele-MANAS receives 2,00,000 calls since its launch in 2022.
• The Union Ministry of Health and Family Welfare launched the Tele Mental Health Assistance and
Networking Across States (Tele-MANAS) under National Tele Mental Health Programme in 2022.
129
• The Tele Mental Health Programme aims to nationally strengthen mental health service delivery.
• The Tele-MANAS is organised as a two-tier system:
1. Tier 1: State Tele-MANAS cells with trained mental health specialists for teleconsultation through
a customised Interactive Voice Response system (IVRS),
2. Tier 2: District Mental Health Programme (DMHP)/Medical College resources for physical con-
sultation and/or eSanjeevani for audio-visual consultation.
• Tele-MANAS will integrate various mental health services and professionals, including the National tele-
130
consultation service, e-Sanjeevani, Ayushman Bharat Digital Mission, etc.

• Sadness, sleeplessness, stress and anxiety are the top mental health concerns shared on Tele MA-
NAS.
• Features of Tele-MANAS:
✓ It is a free service (Toll-free number 14416).
✓ It is available 24/7 in 20 languages with over 1,900 trained counsellors.
✓ It can link to appropriate services and nearby healthcare facilities.
eSanjeevani
• eSanjeevani was launched by the Ministry of Health and Family Welfare in 2019.
• It is a web-based teleconsultation service.
• eSanjeevani platform has enabled two types of telemedicine services:
1. Doctor-to-Doctor (eSanjeevani) teleconsultation, and
2. Doctor-to-Patient (eSanjeevani OPD) Tele-consultations.
• Doctor-to-Patient (eSanjeevani OPD) Teleconsultation was rolled out during the COVID pandemic.
• It aims to provide healthcare services to patients in their homes.
Mental Health
• WHO defines mental health as a “condition of well-being in which every person is able to reach their
full potential, manage everyday pressures, engage in productive and fruitful employment, and con-
tribute to their community.”
• WHO emphasises that having a healthy mental state involves “more than just being free of mental
impairments or illnesses.”
• Mental Health is a fundamental human right essential for socioeconomic, communal, and personal
growth.
Causes Of Mental Health Issues
131
Mental Healthcare Act, 2017
• Mental Healthcare Act, 2017 aims to provide mental health care and services to people with mental
illness in India. The Act repeals the Mental Health Act, 1987.
• Mental health is defined in section 2 under the act according to which “Mental illness indicates a sub-
stantial disorder of thinking, mood, perception, orientation or thought that seriously impairs be-
haviour, capacity to recognise reality, or ability to meet daily needs”.
• The provisions of the act ensure the following rights:
✓ Right to access mental healthcare.
✓ Right to protection from cruel, inhuman and degrading treatment.
✓ Right to equality and non-discrimination.
✓ Right to information.
✓ Right to confidentiality.
✓ Right to legal aid.
✓ Right to make complaints about deficiencies in the provision of services. (It means one can not ask
a person to go to Pakistan in case they complain about deficiencies in services!)
✓ Right to make an advance directive that states how he wants to be treated for the illness and
who his nominated representative shall be.
132
Mental Health Review Commission and Board

• The Mental Health Review Commission will be a quasi-judicial body that will periodically review the
procedure for making advance directives and advise the government on mentally ill persons.
• The Commission shall, with the concurrence of the state governments, constitute Mental Health Re-
view Boards in the districts of a state.
Decriminalising suicide
• A person who attempts suicide shall be presumed to be suffering from mental illness at that time
and will not be punished under the Indian Penal Code.
Prohibiting electro-convulsive therapy

• Electro-convulsive therapy is allowed only with muscle relaxants and anaesthesia.
• It is prohibited for minors.
 Electroconvulsive therapy (ECT) is a procedure done under general anaesthesia in which small
electric currents are passed through the brain, intentionally triggering a brief seizure.
 ECT seems to cause changes in brain chemistry that can quickly reverse symptoms of certain men-
tal health conditions.
Penalties and offences

• Any infringement of a provision is punishable by a six-month prison sentence and/or Rs. 10,000 fine.
• Repeat offenders may face a further two years in prison and/or 50,000 to 5 lakh rupees.
{GS2 – MoHFW – 2023/07} Universal Immunisation Program (UIP)
• Context (IE I HT): India records 93% DPT3 coverage in 2022 (an all-time high was 91% in 2019).
• Universal Immunisation Program (UIP) was introduced in 1985 and was integrated into Child Surviv-
al & Safe Motherhood Program in 1992.
• It became a part of the National Reproductive and Child Health Programme in 1997.
• Ministry of Health provides free vaccines to infants/children/pregnant women against 12 vaccine-
preventable diseases through UIP.
• UIP has been a crucial component of the National Rural Health Mission since its inception in 2005.
Immunization
• Immunization is the process through which a person is made immune to an infectious disease.
• Immunization typically involves the administration of a vaccine.
• Vaccines stimulate the body’s immune system to protect against subsequent infection or disease.
• WHO South-East Asia Region had the best immunisation recoveries among all WHO Regions, which
can be majorly attributed to efforts made by India and Indonesia.
133
Vaccines provided under UIP

Bacillus Calmette-Guerin (BCG) Vaccine

• It is given to infants to protect them from tubercular meningitis and disseminated TB.
• BCG vaccine is given at birth or as early as possible before one year.
Oral Polio Vaccine (OPV)

• It protects children from poliomyelitis.
• OPV is given at birth, called zero dose and three doses are given at 6, 10 and 14 weeks.
• A booster dose is given at 16-24 months of age.
Hepatitis B (Hep B) Vaccine

• It protects from Hepatitis B virus infection.
• It is given at birth or as early as possible, within 24 hours.
• Subsequently, three doses are given at 6, 10 and 14 weeks in combination with DPT and Haemophilus
influenzae type b (Hib) as a pentavalent vaccine.
Pentavalent Vaccine
• The pentavalent vaccine protects a child from five life-threatening diseases – Diphtheria, Pertussis, Tet-
anus, Hepatitis B and Hib.
• Three doses are given at 6, 10 and 14 weeks of age (can be given till one year of age).
• DPT and Hep B are a part of routine immunisation in India; the Hib vaccine is a new addition.
Rotavirus Vaccine (RV)

• It gives protection to infants and children against rotavirus diarrhoea.
• It is given in select states.
• Three doses of vaccine are given at 6, 10, and 14 weeks of age.
Pneumococcal Conjugate Vaccine (PCV)

• It protects infants/ children against disease caused by the bacterium Streptococcus pneumoniae.
• It is given in select states.
• The vaccine is given in two primary doses at 6 and 14 weeks, followed by a booster dose at 9 months.
Fractional Inactivated Poliomyelitis Vaccine (fIPV)

• It is used to boost the protection against poliomyelitis (polio).
• Two fractional doses of IVP are given intradermally at 6 and 14 weeks of age.
Measles, Rubella (MR) vaccine

• In a few states, a combined vaccine is given to protect against Measles and Rubella infection.
• First dose is given at 9 completed months, and second dose is given at 16-24 months.
134
Japanese Encephalitis Vaccine (JE)

• It gives protection against Japanese Encephalitis.

• JE vaccine is given in select districts endemic for JE.
• First dose is given at 9 completed months and second dose at 16-24 months of age.
DPT Booster
• DPT is a combined vaccine; it protects children from Diphtheria, Tetanus and Pertussis.
• DPT first booster is given at 16-24 months of age, and DPT second booster is given at 5-6 years of age.
Tetanus Toxoid Vaccine (TT)

• TT is used to protect against tetanus.
• It is given at 10 years and 15 years of age.
• Pregnant women-TT-1 is given early in pregnancy; and TT-2 is given 4 weeks after TT-1.
Vaccine Disease Type
BCG vaccine Tuberculosis Nationally
DPT vaccine Diphtheria, pertussis (whooping cough), tetanus Nationally
Hepatitis B vaccine Hepatitis B Nationally
Meningitis, pneumonia, and other infections caused

Hib vaccine Nationally
by Haemophilus influenzae type b
Pneumonia, meningitis, and other infections caused by

PCV vaccine Nationally
Streptococcus pneumoniae
Rotavirus vaccine Rotavirus diarrhoea Sub-nationally
IPV vaccine Polio Nationally
MR vaccine Measles and rubella Nationally
Japanese encephalitis vaccine Japanese encephalitis Sub-nationally
Pneumococcal Conjugate Vac-

Pneumococcal Pneumonia Sub-nationally
cine
Td vaccine Tetanus and diphtheria Nationally

 OPV is given orally in the form of two drops.
 The Rotavirus vaccine is given orally in the form of 5 drops.
 The rest of the vaccines under UIP are administered through injections.
Mission Indradhanush
• Mission Indradhanush is a health mission launched in 2014 to accelerate full immunisation coverage
for all children under the age of TWO and pregnant women in India.
135
• The government has identified 201 high-priority districts across 28 states where the concentration of
children who are only partially or never immunised is the highest.
Intensified Mission Indradhanush (IMI)

• IMI was launched in 2019. It is a nationwide program implemented in all 28 states and 8 UTs of India.
• IMI has four phases. The first phase was launched in December 2019, the second in March 2020, the
third in July 2021, and the fourth in August 2022.
• IMI has been very successful in increasing full immunisation coverage in India.
{GS2 – MoIB – 2023/07} The Cinematograph (Amendment) Bill, 2023
• Context (PRS): The Rajya Sabha passed the Cinematograph (Amendment) Bill, 2023.
The Cinematograph Act of 1952

• The Act was enacted to regulate the use and exhibition of cinematographs (film projectors) and the
content shown in films across India.
• Certification: The Act empowers the Central Board of Film Certification (CBFC) to review and certify
films before their public exhibition.
• The CBFC ensures that films comply with certain guidelines and categories, such as:
❖ "U" (Universal/Without restrictions),
❖ "UA" (Without restrictions but under parental guidance),
❖ "A" (Only to adults), and
❖ "S" (only to members of any profession or class of persons).
• Validity of Certification: The certificate issued by the Board is valid for 10 years.
• Content Censorship: The Act also allows the CBFC to make cuts or modifications to the content of
films if it deems certain scenes or elements to be objectionable or against the public interest.
• Offenses and Penalties: The Cinematograph Act outlines offences related to unauthorised film exhibi-
tion, alteration of certified films, and other violations.
Revisional powers of the central government

• The Act empowers the central government to examine and make orders to CBFC for films that have
136
been certified or are pending certification.

• In 1991, SC decided that the Government cannot instruct the CBFC to enforce additional cuts in films.
• Since then, the government has been unable to direct CBFC for additional cuts in films beyond what
the CBFC has already approved.
Cinematograph (Amendment) Bill, 2023

• The bill introduces new age ratings for films and stringent anti-piracy provisions.
Age ratings
• It introduces three age ratings for films requiring adult supervision (UA) — UA 7+, UA 13+ & UA
16+.
• The IT Rules, 2021, had implemented these graded age ratings for streaming platforms.
Separate certificate for television/other media

• Films with an ‘A’ or ‘S’ certificate will require a separate certificate for exhibition on television or any
other media prescribed by the central government.
• CBFC may direct the applicant to carry appropriate deletions/modifications for the separate certifi-
cate.
• The Bill provides that the certificates will be perpetually valid.
Revisional power of central government

• The Bill removes the power of the central government to direct the CBFC for additional cuts.
• It formalises power curtailment already in practice after the SC's order in 1991.
Offenses and Punishments

• The bill prohibits the unauthorised recording of films (section 6AA) and their exhibition (section
6AB).
• These will be punishable with:
1. Imprisonment between three months and three years, and
2. A fine between three lakh rupees and up to 5% of a film’s production cost.
The Copyright Act, 1957

• It allows limited use of copyrighted content without the owner’s authorisation in specified cases
such as:
1. Private or personal use
2. Reporting of current affairs
3. Review or critique of that work
• These exemptions will also apply to the Cinematograph (amendment) bill, 2023.
Central Board of Film Certification (CBFC)

137
• It is a statutory body under the Ministry of Information and Broadcasting (MoIB).

• It regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.
• Films can be publicly exhibited in India only after they have been certified by the CBFC.
• The Certification process follows the Cinematograph Act, 1952, The Cinematograph (certification)
Rules, 1983, and the guidelines issued by the Central government u/s 5 (B).
• The Board consists of non-official members and a Chairman, all appointed by the GoI.
Expert Committee
• The GoI constituted an expert committee chaired by Mr Shyam Benegal on January 1, 2016, to rec-
ommend guidelines for the certification of films by the CBFC. The terms of reference included:
1. To study the procedures of certification being followed by CBFC.
2. To recommend guiding principles for certifying films within the ambit of the Cinematograph Act.
3. To suggest a suitable staffing structure for a more efficient service.
• The committee submitted its report in April 2016.
Recommendations
❖ An owner of a film has complete rights over it.
❖ Any alteration or change in the film can only be made by the owner or with his consent.
❖ Current system of suggesting modifications and amendments to a film by the CBFC should be done
away with, and the Board must function only as a film certification body.
2. However, the GoI has not implemented the recommendation that the CBFC’s power to require cuts
be taken away.
{GS2 – MoJS – 2023/07} Jal Jeevan Mission (JJM)
• Context (PIB): An MoU was signed between the Department of Drinking Water and Sanitation and Echo
India (NGO) to establish JJM Digital Academy.
• JJM Digital Academy aims to build the capacity of various stakeholders associated with water supply
programmes like administrators, Panchayat functionaries, sanitation workers, etc.
138
Jal Jeevan Mission – Rural (JJM Rural)

• JJM Rural is a centrally sponsored scheme announced by the Prime Minister in 2019.
• It works under the Department of Drinking Water and Sanitation, Ministry of Jal Shakti (MoJS).
• It aims to provide safe and adequate drinking water through individual functional household tap
connections (FHTC) by 2024 to all households in rural India.
• It envisages the supply of 55 litres of water per person per day to every rural household.
• JJM will also implement source sustainability measures as mandatory elements, such as recharge and
reuse through grey water management (used wastewater that has not come into contact with faeces),
water conservation, rainwater harvesting, etc.
• JJM will be based on a community approach to water (Jan Andolan for water — making water eve-
ryone’s priority) and will include extensive Information, education, and communication.
• The Mission will converge with other Central and State Government Schemes to achieve its objectives
of sustainable water supply management across the country.
• The fund-sharing pattern between the Centre and states is:
➢ 100% for Union Territories.
➢ 90:10 for Himalayan and North-EasternStates,
➢ 50:50 for other states.
• A dedicated fund called Rashtriya Jal Jeevan Kosh was set up for the mission.
 Har Ghar Jal certified States/UTs: As of May 16, 2023, 5 States (Goa, Telangana, Haryana, Guja-
rat and Punjab) and 3 UTs (Puducherry, Diu and Daman and Dadra and Nagar Haveli and An-
daman and Nicobar Islands) have reported 100% coverage.
Jal Jeevan Mission – Urban (JJM Urban)

• JJM Urban has been announced under the Ministry of Housing and Urban Affairs (MoUHA).
• It aims to provide universal coverage of water supply to all households through functional taps in all
statutory towns in accordance with SDG- 6 (clean water and sanitation for all).
• It also aims to provide liquid waste management connections to households in 500 AMRUT cities.
Objectives
• Rejuvenation of water bodies to augment sustainable fresh water supply and create green spaces.
• To reduce floods and enhance amenity value through Urban Aquifer Management plans.
• To promote a circular water economy by focusing on recycling/reusing treated sewage, rejuvenating
water bodies, and water conservation.
139
• To conduct Pey Jal Survekshan in cities to ascertain equitable water distribution and wastewater reuse.
{GS2 – MoLE – 2023/07} e-Shram and National Career Service (NCS) Portals
e-Shram portal
• e-Shram portal is developed by the Ministry of Labour and Employment (MoLE).
• It is the world’s largest database of unorganised workers.
• It aims to register 38 crore unorganised workers such as construction labourers, migrant workers,
street vendors, and domestic workers.
• Every registered worker gets an eSHRAM card with a unique 12-digit Universal Account Number (UAN).
• Eligibility: Any worker working in the unorganised sector aged between 16-59.
Benefits
✓ The database will help assist unorganised workers in emergencies and pandemic-like situations.
✓ It helps extend social security schemes' benefits to unorganised workers.
✓ The e-Shram portal is integrated with National Career Service (NCS) portal.
✓ It is also integrated with the Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) portal to facilitate
eShram registrants getting benefits from the pension scheme of the MoLE.
National Career Service (NCS) Portal

• NCS was launched in 2015 under the Ministry of Labour and Employment
• It provides a wide range of employment and career-related services to the citizens of India
• It works towards bridging the gap between job seekers and employers, candidates seeking training
and career guidance, and agencies providing training and career counselling.
{GS2 – MoMA – 2023/07} Nai Manzil Scheme
• Context (PIB): The Ministry of Minority Affairs implements various schemes for the socio-economic
and educational empowerment of the six centrally notified minority communities.
• Nai Manzil Scheme was launched in 2015 by the Ministry of Minority Affairs.
• The scheme is supported by the World Bank.
• The scheme aims to benefit the minority youths who do not have a formal school leaving certifi-
cate, i.e., school dropouts or those educated in community education institutions like Madarsas.
• It aims to provide them with formal education and skills to seek employment in the organised sector.
 Six centrally notified minority communities: Muslims, Sikhs, Christians, Buddhists, Jain and Zoroas-
trians (Parsis). These six communities have been notified as minority communities under the National
Commission for Minorities Act, 1992.
{GS2 – MoPPGP – 2023/07} CPGRAMS and MoPPGP 140
• Context (PIB I PIB): The Department of Administrative Reforms and Public Grievances (DARPG)
released the monthly report on the CPGRAMS.
• The report does an analysis of types and categories of public grievances and the nature of disposal.
Centralised Public Grievance Redress and Monitoring System (CPGRAMS)

• CPGRAMS is an online platform created in 2007 by DARPG. PM is its the supreme head.
• CPGRAMS is available to the citizens 24x7 to lodge their grievances to the public authorities.
• It is a single portal connected to all the Ministries/Departments of Government of India and States.
• It is also accessible as a standalone mobile app and mobile app integrated with UMANG.
• The status of the grievance filed in CPGRAMS can be tracked by the petitioner.
• The petitioner can reappeal if he/she is not satisfied with the resolution by the Grievance Officer.
Ministry of Personnel, Public Grievances and Pensions (MoPPGP)

• MoPPGP is concerned with the process of responsive people-oriented administration.
• Usually, though not always, the PM heads the ministry, with a state minister reporting to him.
History of MoPPGP and DARPG

• In 1954, on the recommendation of Paul H. Appleby report, an Organisation and Methods (O&M) Di-
vision was set up in the Cabinet Secretariat.
• In 1964, the O&M Division was transferred to the Ministry of Home Affairs, under the newly created
Department of Administrative Reforms.
• In 1970, on the basis of the recommendations of the Administrative Reforms Commission (ARC), the
Department of Personnel was set up in the Cabinet Secretariat.
• In 1973, it was merged with Department of Administrative Reforms to form a Department of Personnel
and Administrative Reforms in the Cabinet Secretariat.
• In 1985, a full-fledged ministry was created under the name Ministry of Personnel, Public Grievances,
and Pensions (MoPPGP) with three separate departments under it:
1. Department of Personnel and Training (includes recruitment of officers through UPSC/SPSC)
2. Department of Administrative Reforms and Public Grievances (DARPG)
3. Department of Pensions and Pensioners Welfare
[UPSC Prelims 2021] With reference to the Union Govt, consider the following statements:
1. Gopalaswamy Iyengar Committee suggested that a minister and a secretary be designated solely for
pursuing the subject of administrative reform and promoting it.
2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative
Reforms Commission, in 1966, and this was placed under the Prime Minister’s charge.
Which of the statements given above is/are correct?

a) 1 Only
141
b) 2 Only
c) Both 1 and 2
d) Neither 1 nor 2
Explanation
Gopalaswami Ayyangar Committee
• In 1949, the Gopalaswami Ayyangar Committee, while recommending a restructuring of the Central
Secretariat, suggested that
1) a Department should be identified with a Secretary’s charge and
2) a Ministry should be identified with a Minister’s charge.
• A department of the GoI is an an organizational unit consisting of a secretary to the GoI, together with
a part of the central secretariat under his administrative control.
• Responsibility for the performance of specified functions of the GoI has been assigned to a department
under Rules of Business framed for the purpose.
• A ministry of the GoI may be defined as ordinarily consisting of a department of the GoI and the min-
ister-in-charge of such department.
 Ministry = Department + Minister
• The nature of work to be performed by a minister should not be identical with that of a secretary.
• Therefore, what may constitute a manageable charge for a minister is not always necessarily a man-
ageable charge for secretary.
 Hence statement 1 is not correct.
Department of Personnel and Training (DoPT)

• In 1970, on the basis of the recommendations of the Administrative Reforms Commission, the De-
partment of Personnel was set up in the Cabinet Secretariat.
• Since the Cabinet Secretary, who functions directly under the PM, heads the Cabinet Secretariat, it
is safe to say the DoPT was placed under PM’s Charge (back then; DoPT is now under MoPPGP).
 Hence, statement 2 is correct.
Answer: b) 2 only
{GS2 – MoPR – 2023/07} SVAMITVA Scheme
• Context (PIB): SVAMITVA was launched in 2021 on the National Panchayati Raj Day (24th April).
142
• SVAMITVA: Survey of Villages Abadi and Mapping with Improvised Technology in Village Areas.
• It is a central sector scheme of the Ministry of Panchayati Raj.
• It provides a ‘Record of Rights’ to village household owners.
• It aims to establish clear ownership of property in rural inhabited areas.
• It is implemented with the collaborative efforts of the Ministry of Panchayati Raj and
✓ The State Revenue Department and the State Panchayati Raj Department and
✓ Survey of India (SoI – National Mapping Agency under Department of Science & Technology,
Ministry of Science and Technology).
• States or villages need to sign an MoU with SoI for the implementation of the scheme.
Key Objectives
❖ Land Governance: Enabling access to property rights to create accurate land records for rural plan-
ning and reduce property-related disputes.
❖ Economic Growth: Bringing financial stability to rural citizens by enabling them to use their property as
a financial asset (collateral) for taking loans. It also enables the collection of Property taxes.
❖ Sustainable Habitats: Creating survey infrastructure and high-resolution Geographic Information Sys-
tem (GIS) maps to prepare a better-quality Gram Panchayat Development Plan (GPDP).
143
Achievements
✓ 31 States/ UTs with approximately 6 lakh villages have signed MoU with SoI.
✓ States with the most villages under the SVAMITVA are Uttar Pradesh, MP and Maharashtra.
{GS2 – MoRD – 2023/07} DAY-NRLM
• Context (PIB): Deendayal Antyodaya Yojana-National Rural Livelihood Mission (DAY-NRLM) was
launched by the Ministry of Rural Development (MoRD) in 2011.
• In 1999, after restructuring Integrated Rural Development Programme (IRDP), the MoRD launched
Swarnajayanti Grameen Swarojgar Yojana (SGSY) to promote self-employment.
• SGSY is remodelled to form NRLM, thereby plugging the shortfalls of the SGSY programme.
• DAY-NRLM is implemented through a network of SHGs & Community-Based Organizations (CBOs).
• In 2021, the program had over 100 million members and had disbursed over ₹1 trillion in loans.
 Self-Help Groups (SHGs) are groups of 10-20 poor women who come together to save money
and lend it to each other at low-interest rates.
 CBOs are organisations that provide training and support to SHGs.
Key features of DAY-NRLM

• It provides financial services to SHGs and CBOs, such as loans, savings, and insurance.
• It gives skill training to SHG members in entrepreneurship, business management, life skills, etc.
• It helps SHG members to access markets for their products.
144
Sub-schemes under NRLM

Aajeevika Grameen Express Yojana (AGEY)
• Launched in FY 2017-18, the scheme aims to provide safe and affordable public transport services to
rural communities.
• It engages CBOs or SHGs in managing and operating public transport services, thereby creating liveli-
hood opportunities for rural youth and women.
Aajeevika Skills
• The scheme provides skill development training to rural youth and women.
• The training covers various sectors, such as agriculture, handicrafts, tourism, construction, etc.
Start-up Village Entrepreneurship Program (SVEP)

• SVEP aims to promote entrepreneurship in rural areas by facilitating the establishment and growth of
micro-enterprises.
• It supports rural entrepreneurs, especially those from marginalised communities.
145
Mahila Kisan Sashaktikaran Pariyojana (MKSP)

• It empowers women farmers by enhancing their participation in agriculture and related activities.
• MKSP supports capacity building, training, and access to resources, technologies, and markets to im-
prove women's agricultural productivity and income.
Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY)

• While not directly under NRLM, DDU-GKY complements its efforts by providing skill training and em-
ployment opportunities to rural youth from poor families.
• It aims to ensure inclusive growth by focusing on skill development and self-employment.
Interest Subvention Scheme (ISS)

• The ISS aims to provide interest rate subsidies to the Self Help Groups (SHGs) on their bank loans,
making credit more affordable and accessible for rural women.
• This helps in promoting economic activities and entrepreneurship at the grassroots level.
{GS2 – MoRTH – 2023/07} Safety: Air-Conditioning in Vehicle Cabins
• Context (PIB): From January 1, 2025, all vehicles in categories N2 and N3 will be required to have air-
conditioning systems installed in their cabins, according to a new Draft regulation by the Ministry of
Road Transport and Highways (MoRTH).
• Truck drivers play a crucial role in road safety, and they are forced to work in heat-stress conditions.
• AC cabins provide comfortable working conditions, thereby reducing fatigue and improving road safety.
Category N: Used for the carriage of goods (trucks)

• Category N1: having a maximum mass not exceeding 3.5 tonnes
• Category N2: having a maximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes
• Category N3: having a maximum mass exceeding 12 tonnes
{GS2 – MoSJE – 2023/07} Manual Scavenging
• Context (TH): According to the Ministry of Social Justice and Empowerment (MoSJE), all unsanitary
latrines had been made sanitary under the Swachh Bharat Abhiyaan, and the problem of manual scav-
enging is eliminated (just like India is open-defecation free!).
• Context (TH): Swachhata Abhiyaan app identified 6,253 cases of manual scavenging in India.
• Manual scavenging refers to manually cleaning, carrying, disposing, or handling human excreta or
any dry or wet waste from insanitary latrines, open drains, septic tanks or other similar places.
• Manual scavenging is a dehumanising practice involving basic and often unsafe tools like brooms,
buckets, and baskets, leading to serious health hazards, injuries, and even death.
• This practice is often associated with the caste system, where people from the so-called lower castes,
146
such as Dalits, are forced to engage (due to socio-economic factors) in manual scavenging.
• This perpetuates the cycle of caste-based discrimination and social exclusion.
Present Status
• As per the 2011 Census, there were over 7,40,000 households still practising manual scavenging.
• The Safai Karamchari Andolan, an advocacy group working to eradicate manual scavenging, estimates
that there are still around 1.8 million manual scavengers in India.
• According to the National Commission for Safai Karamcharis (NCSK), 482 manual scavengers died
between 2016 and 2019.
• Many manual scavengers suffer from various health problems, including skin diseases, respiratory is-
sues, and even death due to exposure to toxic fumes in septic tanks and sewer lines.
Laws to curb manual scavenging
Employment of Manual Scavengers & Construction of Dry Latrines (Prohibition) Act, 1993
• It aimed at eradicating the practice of manual scavenging and the construction of dry latrines, which
require manual cleaning.
• The Act outlined penalties for individuals or organisations found guilty of employing manual scavengers
or constructing dry latrines.
• The Act faced challenges due to its limited scope and enforcement issues.
Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013

147
• It was passed to reinforce the ban and to rehabilitate people employed as manual scavengers.
• The Act prohibits the employment of manual scavengers, manual cleaning of sewers and septic
tanks without protective equipment, and the construction of insanitary latrines.

• No person, local authority, or agency should engage or employ people for hazardous cleaning of sewers
and septic tanks. Mechanised cleaning of septic tanks is the prescribed norm.
• It seeks to rehabilitate manual scavengers and provide for alternative employment.
• Each local authority, cantonment board, and railway authority is responsible for surveying insanitary la-
trines within its jurisdiction. They shall also construct several sanitary community latrines.
• Each occupier of insanitary latrines shall be responsible for converting or demolishing the insanitary
latrine at his own cost.
Aspect 1993 Act 2013 Act
Prohibit the employment of Manual Scavengers and
Main Objective
Prohibit the employ- ensure their rehabilitation.
ment of manual scaven- Broader scope, covering identification, rehabilitation,
Scope gers. alternative employment/livelihood and welfare
measures.
Definition of Manual The expanded definition includes those engaged in
Limited definition.
Scavenger the hazardous cleaning of sewers and septic tanks.
Penalties for Offenc- Stricter penalties for offences, including imprisonment
Relatively less stringent.
es and fines.
Identification of Establishment of a survey to identify manual scaven-
No specific mechanism.
manual scavengers gers and maintain a database.
Supreme Court Directive in 2014

• In 2014, the Supreme Court directed the government to take several measures, including:
✓ One-time cash assistance to people employed as manual scavengers.
✓ Houses for manual scavengers.
✓ Training in livelihood skills for at least one member of their families.
✓ Concessional loans to prop them up financially and help them find an occupation.
✓ Payment of Rupees 10 lakh in compensation for sewer deaths.
Schemes to curb manual scavenging
Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS)

• It was a central sector scheme launched in 2007 to rehabilitate the remaining manual scavengers
and their dependents in alternative occupations.
• After the enactment of the ‘Prohibition of Employment as manual scavengers and Their Rehabilitation
Act, 2013’, SRMS was revised in synchronisation with the provision of the Act.
148
• The scheme identified manual scavengers, one from each family, who are provided one-time cash assis-
tance of Rs. 40,000.
• The identified manual scavengers and their dependents are provided with:
✓ Capital subsidy and concessional loan for undertaking self-employment ventures.
✓ Assistance for procurement of sanitation-related projects.
✓ Training for skill development.
National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE) Scheme
• It was formulated by MoSJE in 2022. It has replaced the Self-Employment Scheme for the Rehabilita-
tion of Manual Scavengers (SRMS).
• It is being implemented jointly by the Ministry of Housing and Urban Affairs and the MoSJE.
• It aims to eradicate unsafe sewer and septic tank cleaning practices to ensure zero fatalities.
Benefits Under the Scheme

✓ Capital subsidies of up to ₹5 lakh on sanitation machinery costing up to ₹15 lakh.
✓ Training for the operators, during which a monthly stipend of up to ₹3,000 will be provided.
✓ Training sanitation workers in alternative occupations like agriculture, electronics assembling, etc.
Swachhata Abhiyaan Mobile Application

• The MoSJE launched it to capture the data of insanitary latrines still existing and the manual scaven-
gers associated with them.
• Anyone could upload the data on the mobile app, which would then be verified by the district admin-
istration concerned.
Responsible Ministries/Bodies
Ministry of Social Justice and Empowerment (MoSJE)

• MoSJE is responsible for the welfare and empowerment of disadvantaged and marginalised sections
of society, including scheduled castes (SC), Other Backward Classes (OBC), LGBT people, the disa-
bled, the elderly, and the victims of drug abuse.
 In 1985-86, the erstwhile Ministry of Welfare was bifurcated into the Department of Women and
Child Development and the Department of Welfare.
 Simultaneously, the SC Development Division, ST Development Division, and the Minorities and Back-
ward Classes Welfare Division were moved from the Ministry of Home Affairs and the Wakf Division
from the Ministry of Law to form the then Ministry of Welfare.
 Subsequently, the name of the Ministry of Welfare was changed to MoSJE in 1998.
 In 1999, the ST Division was moved to form a separate Ministry of Tribal Affairs.
 The Minorities Division and Wakf Unit were moved to form a separate Ministry of Minority Affairs.
 The Department of Women became the Ministry of Women & Child Development.
149
Departments under the Ministry of Social Justice & Empowerment

1. Department of Social Justice and Empowerment (Samajik Nyaya and Adhikarita Vibhag)
2. Department of Empowerment of Persons with Disabilities (Divyangjan)
 The subject of "Disability" figures in the State List in the Seventh Schedule of the Constitution.
National Commission for Safai Karamcharis (NCSK)

• NCSK was constituted in 1994 as a statutory body by an Act of Parliament for three years, i.e. up to
1997. However, the validity of the Act was extended up to 2004.
• With the lapsing of the “The National Commission for Safai Karamcharis Act, 1993” w.e.f. 2004, NCSK is
a non-statutory body of the Ministry of Social Justice and Empowerment.
• The Commission’s tenure is extended from time to time through Government Resolutions.
• As per the provisions of the Prohibition of Employment as manual scavengers and their Rehabilita-
tion Act, 2013, the NCSK has been assigned the work to monitor the implementation of the Act.
Reasons for Persistence of Manual Scavenging

• Gender bias: the provisions for the rehabilitation were not gender sensitive and directed towards men.
However, around 95-98% of the individuals involved in manual scavenging are women.
• Urban-rural divide: Around 60% of those involved in manual scavenging are in rural areas. Howev-
er, the focus of the scheme was on urban areas.
• Social aspect is ignored: government programs have emphasised the financial aspect and failed to ad-
dress the caste-based oppression and related social conditions perpetuating this practice.
• Corruption: eligible individuals are excluded, ineligible, and ghost beneficiaries are benefitted.
• Lack of awareness: People lack awareness about the health hazards associated with MS.
• Insufficient implementation: laws and regulations are in place, but their implementation is dismal.
• Poor infrastructure: lack of proper sanitation infrastructure, cleaning technologies and implements has
resulted in people engaging in manual scavenging.
{GS2 – MoSJE – 2023/07} RPwD Act, 2016
• Context (TH): Delhi HC instructs the Delhi government to follow the RPwD Act and ensure equal op-
portunities for disabled individuals in education.
• The number of disabled in India is between 5-10% of the population. Their integration into the main-
stream is a step towards sustainable development. RPwD Act is a step in this direction.
• Rights of Persons with Disabilities (RPwD) Act, 2016 replaced the Persons with Disabilities Act of
1995, providing more rights to the disabled
• The rights include access to justice, free education, the role of local authorities as providers of em-
ployment and opportunity, and National and State funds.
• The act mandates 5% reservation for disabled candidates in all educational institutions.
150
• It gave full effect to the United Nations Convention on the Rights of Persons With Disability.
Salient features of the Act

• Persons with benchmark disability: A person with a disability (PwD) will be considered to have a
benchmark disability if he or she has at least 40% of disability.
• Number of disabilities: The act increased the number of types of disabilities from 7 to 21.
• Dynamic and evolving concept: Under the act, the GOI can notify additional disabilities.
• Right to Education: The upper age limit was relaxed to improve access to education. Every child be-
tween 6 and 18 years with a benchmark disability now has the right to free education.
✓ This provision was added in response to the disproportionately low and delayed enrollment of disa-
bled children in formal schooling.
• Reservation: a minimum of 4% in government jobs and a minimum of 5% in higher education is
provided for persons with benchmark disabilities and those with high support needs.
• Financial support: creation of National and State Funds to provide financial support to the PwDs.
• Central and State Advisory Boards: Central and State Advisory Boards on Disability are set up to
serve as apex policy-making bodies at the Central and State level.
• Equal opportunity policy: All government and private establishments having twenty or more em-
ployees should contain:
1. A list of posts identified suitable for PwDs in the establishment.
2. Provisions for assistive devices.
3. Barrier-free accessibility.
• Access to justice: The act provides for penalties for offences committed against PwDs and also viola-
tions of the provisions of the new law.
• The act created special courts, speedy trials and special public prosecutors for offences committed
against disabled persons.
Way forward
• Insufficient budgetary allocations make it challenging to implement the law. Sufficient funds must be
ensured to effectively implement and enforce the law.
• Awareness regarding the rights of Persons with disabilities is a critical factor in the empowerment of dis-
abled persons.
Constitutional provision related to PwDs

• Article 41 (DPSP) of IC states that the state shall make adequate provisions for securing the right
to work, to education and public assistance in case of unemployment, old age, sickness, disa-
blement and others in case of undeserved want.
United Nations Convention on the Rights of Persons with Disabilities

• It was adopted by the United Nations General Assembly in 2006 and entered into force in 2008
151
• It aims to protect the rights and dignity of PwDs worldwide.

• It promotes the full and equal participation of PwDs in all aspects of life.
• India ratified this convention in 2007.
Accessible India Campaign (Sugamya Bharat Abhiyan)

• It was launched on December 3, 2015, as a nationwide Campaign for achieving universal accessi-
bility for Persons with Disabilities (PwDs).
• It aims to build physical infrastructure, transportation facilities and an ICT ecosystem accessible
to all, including PwDs.
Other initiatives for PwDs

• In 2016, PM Narendra Modi suggested changing the Hindi word for PwDs from "Viklang" (one with
non-functional body parts) to "Divyang" (one with a divine body part or divine power).
• Chhattisgarh is the only State with Persons with Disabilities (PwDs) as members in all panchayats.
• The Tamil Nadu government provides monthly cash assistance of ₹1500 to PwDs.
• In 2022, Maharashtra became the first state to have an independent Ministry for Divyang.
{GS2 – MoSPI – 2023/07} MPLADS
• Context (PIB): MPLADS funds can now be used to purchase IT systems and software for educational
purposes (technical education) as per new MPLADS guidelines.
• Members of Parliament Local Area Development Scheme (MPLADS) is a Central Sector Scheme
formulated by the GoI in 1993-94.
• MPLADS enables the members of parliament (MPs) to recommend developmental work in their con-
stituencies, emphasising creating durable community assets based on locally felt needs such as drink-
ing water, education, public health, sanitation, roads etc.
• The Ministry of Statistics and Programme Implementation (MoSPI) is responsible for the policy
formulation, release of funds and monitoring for the implementation of the Scheme.
Features
152
✓ The Annual MPLADS fund is Rs. 5 crore per MP constituency.

✓ MPLADS funds are non-lapsable, either at the end of the Union Government or the District Authority.
 The Ministry of Finance has revised the MPLADS rules to require MPs to deposit the interest accrued
on these funds to the Consolidated Fund of India. This means that MPs will no longer be able to use
this interest for development works.
✓ MPs must recommend works yearly for SCs (15%) and STs (7.5%) areas out of the total amount.
✓ Lok Sabha Members can recommend works within their Constituencies.
✓ Elected Members of the Rajya Sabha can recommend works within the State of Election.
✓ Nominated MPs of both the Rajya Sabha & Lok Sabha can recommend works anywhere in India.
✓ Expenditure on specified items of non-durable nature is also permitted, as listed in the guidelines.
Issues with MPLADS

Issue Description
Lack of transparency ➢ MPs are not required to submit detailed reports on the utilization of funds.
and accountability ➢ There is no independent oversight body to monitor the scheme.
Ineffective targeting ➢ MPs are free to recommend any work in their constituencies, regardless of
of funds whether it is needed or beneficial to the local population. It led to the neglect
of some areas, while others received disproportionate funding.
Lack of participation ➢ The MPLADS scheme does not adequately involve local communities in the
by local communities planning and implementing of development projects.
➢ This results in resentment and distrust among some communities, who feel
they have no say in how their resources are used.
Inadequate monitor- ➢ There is no systematic mechanism to track projects' progress or assess
ing and evaluation their impact.
Lack of statutory ➢ The MPLADS scheme is not backed by any legislation. This has made it diffi-
backing cult to enforce the rules and regulations governing the scheme.
{GS2 – MoSPI – 2023/07} Standing Committee on Statistics (SCoS)
• Context (TH): The Ministry of Statistics and Programme Implementation (MoSPI) has replaced the
Standing Committee on Economic Statistics (SCES) with the Standing Committee on Statistics (SCoS).
• SCoS has ten official members and four non-official members who are eminent academics. It can
have up to 16 members.
• SCoS will review the framework and results of all surveys conducted under the aegis of the National
Statistical Office (NSO).
• It will advise the Ministry on technical aspects of all surveys, such as sampling frame, design, survey
methodology, and finalisation of results. 153
Standing Committee on Economic Statistics (SCES)

• MoSPI constituted SCES in 2019.
• The SCES had 28 members, including ten non-official members.

• The panel was mandated to review the framework for economic indicators of the industrial sector,
the services sector, and the labour force statistics.
• This meant that their purview was limited to economic datasets like the Periodic Labour Force Survey,
the Annual Survey of Industries, the Index of Industrial Production, and the Economic Census.
SCoS vis-à-vis SCES

• SCoS has a broader mandate than SCES. It will advise the government on technical aspects of all
surveys against the SCES, whose mandate is restricted to economic data only.
Ministry of Statistics and Programme Implementation (MoSPI)

• It became an Independent Ministry in 1999 after the merger of the Department of Statistics and the De-
partment of Programme Implementation.
• The Ministry has two wings, one relating to Statistics and the other Programme Implementation.
• The Statistics Wing, called the National Statistical Office (NSO), consists of the Central Statistical Of-
fice (CSO) and the National Sample Survey Office (NSSO).
{GS2 – MoST – 2023/07} National Biopharma Mission
• Context (PIB): National Biopharma Mission is an industry-academia collaborative mission for ac-
celerating discovery research to the early development of Biopharmaceuticals.
• It is a collaborative mission of the Department of Biotechnology (DBT) and the World Bank.
• It is implemented by the Biotechnology Industry Research Assistance Council (BIRAC).
• The program will specifically focus on the development of new vaccines, bio-therapeutics, diagnostics
and medical devices to address the rising burden of diseases in the country.
Biotechnology Industry Research Assistance Council (BIRAC)

• It is a public sector enterprise set up by the DBT (Ministry of Science and Technology).
• It is an interface agency to strengthen and empower the emerging biotech enterprise.
{GS2 – MoWCD – 2023/07} Scheme for minor rape victim
• Context (TH): The Women and Child Development Ministry will launch a new scheme under the aegis
of the Nirbhaya scheme.
• The scheme aims to ensure both infrastructural and financial support for minor pregnant victims
who have no means to fend for themselves.
• It will provide shelter, critical care, and financial, legal and medical support to minor girls whose families
have abandoned them due to pregnancy from rape.
154
• The minor girl will be supported till age 23, and if she wants to surrender the child for adoption, she will
be given assistance.
{GS2 – MoWCD – 2023/07} Women Empowerment: Nari Adalat (Women’s Court)
• Context (TH): Nari Adalat will be set up at the village level as an alternative dispute resolution.
• These Adalats will be exclusively dedicated to women and girls.
• They will be a platform for women to voice their problems and fight for their rights.
• The Ministry of Women and Child Development would run the scheme under the Sambal sub-
scheme of Mission Shakti.
Functions
• It will be set up at the village level as an alternative dispute resolution forum for domestic violence
and property rights and to counter the patriarchal system.
• The court will address individual cases and raise awareness of government schemes and women’s
legal rights and entitlements.
• It will not hold any legal status. It will function as a pressure group.
Composition
• Each Nari Adalat village will have seven to nine members:
1. Half of which would be the elected members of the gram panchayat
2. Other half will include teachers, doctors and social workers – who would be nominated by the vil-
lagers.
Need for Nari Adalats

• The traditional forms of justice-dispensing mechanisms have patriarchal biases.
• If women ever dared to raise their voices against the atrocities inflicted on them, they would face criti-
cism and humiliation (victim-shaming).
• Personal accounts of the victims who sought justice through Nari Adalat will encourage others to voice
their problems and fight for their rights.
Welfare of Women and Children

• The Ministry of Women and Child Development has clubbed together all the schemes for the welfare
of women and children into three verticals:
1. Saksham Anganwadi & Poshan 2.0
2. Mission Shakti
3. Mission Vatsalya
Saksham Anganwadi & Poshan 2.0

• This programme has been reorganised into 3 primary verticals:
155
1. Nutrition Support for Children, Adolescent Girls and Pregnant Women & Lactating Mothers.
2. Early Childhood Care and Education [3-6 years].

3. Anganwadi Infrastructure, including modern, upgraded Saksham Anganwadis.
Mission Shakti
• Mission Shakti comprises two sub-schemes, ‘Sambal (safety and security)’ and ‘Samarthya (empow-
erment of women)’, for women.
Sambal sub-scheme
1. One Stop Centres (OSC).
2. Women Helplines (181-WHL).
3. Beti Bachao Beti Padhao (BBBP).
4. Nari Adalat.
Samarthya sub-scheme
1. Pradhan Mantri Matru Vandana Yojana (PMMVY).
2. Shakti Sadan (Ujjwala & Swadhar Greh).
3. Working Women Hostel (Sakhi Niwas).
4. National Creche Scheme (Palna).
Mission Vatsalya
• Under the scheme, support is provided for delivering services for children in need and in difficult cir-
cumstances across the country.
{GS2 – Polity – Bodies – Constitutional – 2023/07} National Commission for STs
• Context (TH): Congress says National Commission for STs (NCST) chief was ‘forced to resign’.
• NCST is a Constitutional body established under Article 338A of the Indian Constitution (IC).
• Originally, Article 338 of the IC provided for the appointment of a Special Officer for Scheduled
Castes (SCs) and Scheduled Tribes (STs) to investigate all matters relating to the constitutional safe-
guards for the SCs and STs and to report to the President on their working.
• The 65th Constitutional Amendment Act of 1990 established the National Commission for SCs and
STs under Article 338 of the IC.
• A separate National Commission for STs (NCST) was constituted by the 89th Constitutional Amend-
ment Act of 2003, which amended Article 338 and inserted a new Article 338A in the IC.
Composition of NCST
• It consists of a chairperson, a vice-chairperson and three other members.
• They are appointed by the President by warrant under his hand and seal.
156
• The President also determines their conditions of service and tenure of office.
{GS2 – Polity – Bodies – GoI Agencies – 2023/07} CBI and ED
• Context (TH): CBI & ED chiefs have fixed tenures of TWO years and a maximum tenure of FIVE
years.
• The maximum tenure of five years is possible due to the amendments enacted in 2021 (& upheld by
SC in 2023) to the Central Vigilance Commission (CVC) Act and the Delhi Special Police Establish-
ment Act, which allow them a maximum of three annual extensions over the fixed tenure of two
years.
Directorate of Enforcement (ED)

• ED is a multi-disciplinary organisation mandated to investigate the offence of money laundering
and violations of foreign exchange laws.
• It is under the administrative control of the Department of Revenue, Ministry of Finance, GoI.
History of ED
• ‘Enforcement Unit’ was formed in 1956 in the Department of Economic Affairs to handle violations
under the Foreign Exchange Regulation Act, 1947 (FERA ’47).
• In 1957, this Unit was renamed ‘Enforcement Directorate’. In 1960, the administrative control of the
Directorate was transferred from the Department of Economic Affairs to the Department of Revenue.
Organisational setup
• The ED, with its headquarters in New Delhi, is headed by the Director of Enforcement. There are re-
gional offices in Mumbai, Chennai, Chandigarh, Kolkata, and Delhi headed by special directors of en-
forcement.
• It has many Zonal offices headed by a joint directors and sub-zonal offices headed by a deputy direc-
tor.
Appointment of ED Director
• Under the Central Vigilance Commission Act, 2003 (CVC Act, 2003), the Director of Enforcement is
appointed by the central government on the recommendation of a five-member Committee.
✓ The Central Vigilance Commissioner chairs this Committee and includes Vigilance Commission-
ers.
✓ The Secretaries are from the Ministries of Home Affairs, Personnel, and the Revenue Depart-
ment.
Tenure of the Director

• The Director of Enforcement has a minimum tenure of two years.
157
• Central Vigilance Commission (Amendment) Act, 2021, adds that the tenure of the Director may be
extended by up to one year at a time till the completion of five years from the initial appointment.
• Such extensions may be granted in the public interest on the committee's recommendation.
Functions of ED
• The statutory functions of the Directorate include the enforcement of the following Acts:
1. The Prevention of Money Laundering Act, 2002 (PMLA)
2. The Foreign Exchange Management Act, 1999 (FEMA)
3. The Fugitive Economic Offenders Act, 2018 (FEOA)
The Prevention of Money Laundering Act, 2002 (PMLA)

• The ED is responsible for enforcing the PMLA by investigating and tracing assets obtained from crimi-
nal activities.
• It can temporarily attach properties and ensure that offenders are prosecuted, and their assets are
confiscated by the special court.
Contentious Provisions
➢ PMLA is the only act in the country in which a statement recorded before an investigating officer is
admissible in court as evidence. (Other laws that contained such provisions, such as TADA and POTA,
have long been repealed)
Stringent bail conditions

➢ The provision for bail stipulates that a magistrate will not grant bail to an accused unless he is con-
vinced that prima facie no case is made out.
➢ This has resulted in the accused being put behind bars for long periods without bail in offences that
attract punishments ranging from two to seven years, literally making the process the punishment.
The Foreign Exchange Management Act, 1999 (FEMA)

• The ED's responsibility is to investigate suspected violations of foreign exchange laws and regulations.
• It can also impose penalties on those found to have violated the law after conducting the investigation.
The Fugitive Economic Offenders Act, 2018 (FEOA)

• ED is mandated to attach the properties of the fugitive economic offenders who have fled India to
avoid arrest. It can also confiscate their properties and hand them to the Central Government.
The Central Bureau of Investigation (CBI)

• CBI is a non-constitutional, non-statutory body.
• CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.
• It is the nodal Indian agency that coordinates investigations on behalf of Interpol Member countries.
158
• It functions under the Department of Personnel, Ministry of Personnel, Pension and Public Griev-
ances, Government of India.
Composition of CBI
• The CBI is headed by a Director. He is assisted by a special director or an additional director and
many joint directors, deputy inspector generals (DIG), superintendents of police (SP) and all other ranks
of police.
Appointment of CBI Director
• Before the Lokpal Act was legislated, the CBI director was appointed by the DSPE Act.
• Now, the Lokpal Act governs the appointment of the CBI director.
• The Centre appoints the director based on the recommendation of a search committee comprising the
1. Prime Minister as the chairperson,
2. Chief Justice of India (or supreme court judge) and
3. Leader of the Opposition.
Tenure
• Director of CBI has been provided security of two-year tenure by the CVC Act, 2003.
Powers / Functions
• The Central Government can authorise CBI to investigate a crime in a state but only with the consent
of the concerned State Government.
• The Central police cannot investigate or enter the state without consent since police and public
order are state subjects, and the Centre cannot intervene in law and order matters.
• CBI can suo-moto investigate offences only in the Union Territories (including Delhi).
• The SC and HCs, however, can order CBI to investigate a crime anywhere in the country without the
consent of the State.
Types of consent
• There are two kinds of consent:
1. Case-specific
2. General
• General consent is given to help the CBI seamlessly investigate corruption cases against central
government employees in the concerned state. Otherwise, it would require consent in every case.
• States, including West Bengal, Rajasthan, Kerala and Maharashtra, have withdrawn consent to the
CBI to freely operate in their respective jurisdictions.
• It means the CBI cannot register any fresh case involving a central government official or a private
person stationed in these states without getting case-specific consent.
Case laws
159
• Vineet Narain's judgment of 1998 assured the tenure of two years for CBI Director from the day he
assumes office. SC held that CBI Director may not be transferred except with the previous consent of
the high-level committee.

• In the Union of India versus C. Dinakar (2004) case, the SC had held that “ordinarily IPS officers of
the senior most four batches in service on the date of retirement of CBI Director shall be eligible for
consideration for appointment to the post of CBI Director”.
• In Prakash Singh's case(2019), the SC said"No officer with less than six months to retirement
should be appointed as police chief".
Directorate of Enforcement (ED) vs Central Bureau of Investigation (CBI)

Aspect ED CBI
Initiation of Case Can take cognisance of offences Requires state government's request
across the country without the or court order to investigate cases
state government's consent.
Admissibility of a A statement recorded before an in- A statement recorded before an investi-
Statement vestigating officer is admissible in gating officer is not admissible as evi-
court as evidence. dence in court.
Scope of Investigation Focused on money laundering and A broad spectrum of criminal investiga-
related offences tions, including corruption, economic of-
fences, and other crimes.
Reporting Authority Reports to the Department of Rev- Reports to the Department of Person-
enue, Ministry of Finance. nel and Training, Ministry of Person-
nel, Public Grievances, and Pensions.
{GS2 – Polity – Bodies – Non-Statutory – 2023/07} Law Commission of India
• Context (TH): The Law Commission has sought views from the public on the UCC.
• Law Commission is a non-statutory body constituted by a notification of the Ministry of Law & Jus-
tice (MoL&J). It is composed of legal experts and is headed by a retired judge.
• It was initially constituted in 1955 and is re-constituted occasionally for a fixed tenure.
• Twenty two Commissions have been established since Independence.
Functions
• It works as an advisory body to the Ministry of Law and Justice.
• It's function is to research and advise the Government of India on legal reform.
22nd Law Commission

• The 22nd law panel was constituted for a period of three years on February 21, 2020.
• The Commission’s three-year term ended on Feb. 20, 2023.
160
• The term of the panel has been extended by one-and-a-half years.

{GS2 – Polity – Bodies – Statutory – 2023/07} National Green Tribunal (NGT)
• Context (TH): Non-compliance with orders of the NGT (Green Court) by govt is a serious issue.
• NGT is a statutory body established in 2010 by the National Green Tribunal Act, 2010.
• It is a specialised body with the necessary expertise to handle environmental disputes.
• It has five branches: Delhi (Principal Bench), Bhopal, Pune, Kolkata and Chennai.
• The Tribunal is headed by the Chairperson, who is a current or retired Judge of the Supreme Court
of India or Chief Justice of a High Court.
• The Principal Bench has Chairperson and has at least ten but not more than twenty judicial mem-
bers and at least ten but not more than twenty expert members.
NGT’s Power
• The Tribunal is mandated to dispose of applications or appeals within 6 months of filing the same.
• Apart from the original jurisdiction side on filing an application, NGT also has appellate jurisdiction to
hear appeals as a Court (Tribunal).
• Its jurisdiction also includes enforcement of any legal right relating to the environment and giving relief
and compensation.
• The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but
guided by principles of natural justice.
• Decisions of the Tribunal are binding. The Tribunal’s orders are enforceable as the powers vested are
the same as in a civil court under the Code of Civil Procedure, 1908.
• The decision can be challenged before the Supreme Court within ninety days.
Ambit
• The NGT deals with civil cases under the seven laws related to the environment, which include:
1. The Water (Prevention and Control of Pollution) Act, 1974
2. The Water (Prevention and Control of Pollution) Cess Act, 1977
3. The Forest (Conservation) Act, 1980
4. The Air (Prevention and Control of Pollution) Act, 1981
5. The Environment (Protection) Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological Diversity Act, 2002
• Two acts that are kept out of NGT’s jurisdiction are:
1. Wildlife (Protection) Act, 1972
2. Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Importance of Green Court

161
• NGT is credited with the effective and expeditious disposal of certain cases relating to environmental
protection and conservation of forests and other natural resources.
• NGT's dedicated jurisdiction in environmental matters helps to reduce the burden of litigation in the
higher courts.
{GS2 – Polity – Bodies – Statutory – 2023/07} SFIO

• Context (BT): Ministry of Corporate Affairs will explore the possibility of involving the Serious Fraud
Investigation Office (SFIO) to investigate the irregularities at Think and Learn Pvt. Ltd (Byju's).
• Under Section 143 of the Companies Act, a statutory auditor quitting an audit assignment must re-
port to the government any fraud in the company.
Serious Fraud Investigation Office (SFIO)

• SFIO is a multi-disciplinary organisation under the Ministry of Corporate Affairs, consisting of experts
in the field of accountancy, forensic auditing, law, information technology, investigation, company law,
capital market, and taxation for detecting and prosecuting or recommending for the prosecution of
white-collar crimes/frauds.
• Section 211 of the Companies Act, 2013, has accorded statutory status to SFIO.
• SFIO also has powers to arrest people for violating Company law.
{GS2 – Polity – IC – 5th Schedule – 2023/07} Tribes Advisory Council (TAC)
• Context (TH): The Jharkhand govt notified the Jharkhand Tribes Advisory Council Rules, 2021. It
amended the rules for constituting the TAC and made the CM the body’s ex-officio chairperson.
• The CM accordingly reconstituted the TAC. Jharkhand Governor said constituting TAC without con-
sulting the governor is not in the spirit of the Fifth Schedule of the IC.
Tribes Advisory Council (TAC)

• TAC is constituted under the Fifth Schedule for the welfare of scheduled tribes (STs) of the State.
• States having scheduled areas must establish a TAC to advise the governor on the welfare of the STs.
• TAC can be established in a state having STs but not scheduled areas if the president directs.
• TAC consists of 20 members, 3/4th of whom are the representatives of the STs in the state legislative
assembly.
• The Fifth Schedule gives the Governor the powers to make rules prescribing or regulating:
✓ The number of members of the Council and the mode of their appointment.
✓ The appointment of the Chairman of the Council.
✓ The conduct of its meetings and its procedure in general.
✓ All other incidental matters.
Issues
162
• States argue that the powers of the Governor under the Fifth Schedule are an extension of those under
Article 154 of the IC. Hence, Article 163 forbade the Governor from acting on his own discretion.
Article 154 of the IC: Executive power of State

• The executive power of the State shall be vested in the Governor and shall be exercised by him either
directly or through officers subordinate to him in accordance with the IC.
Article 163 of the IC: Council of Ministers to aid and advise the Governor
• There shall be a Council of Ministers with the CM at the head to aid and advise the Governor in exer-
cising his functions, except when the IC requires him to exercise his functions at his discretion.
Fifth Schedule of the IC

• According to Article 244 of the IC, the Fifth Schedule shall apply to the administration of Scheduled Ar-
eas and STs residing in any State other than Assam, Meghalaya, Tripura and Mizoram.
• Scheduled Areas: such areas as the President may by order declare to be Scheduled Areas.
• Amendment of the Fifth Schedule: Parliament may by law amend the Fifth Schedule. [It is NOT con-
sidered an Amendment of the IC under Article 368 (power of parliament to amend the IC)].
• Law applicable to Scheduled Areas: The Governor may direct that any particular Act of Parliament or
the Legislature of the State shall not apply or shall apply with exceptions and modifications.
Governors regulation
• The Governor may make regulations after consulting with TAC:
✓ For peace and good governance.
✓ Prohibiting or restricting land transfer by or among members of the STs.
✓ Regulating the allotment of land to members of the STs.
✓ Regulating the money-lending business by persons who lend money to members of the STs.
The Scheduled And Tribal Areas

• Article 244 of the IC provides for the administration of scheduled areas and tribal areas.
1. The provisions of the Fifth Schedule apply to the administration of the Scheduled Areas and STs in
any State other than Assam, Meghalaya, Tripura and Mizoram.
2. The provisions of the Sixth Schedule apply to the administration of the tribal areas in the States of
Assam, Meghalaya, Tripura, and Mizoram.
{GS2 – Polity – IC – 8th Sch – Language – 2023/07} Kui Language
• Context (TNIE): Odisha Cabinet Recommends Inclusion of Kui Language in the 8th Schedule of IC.
• Kui is a South-Eastern Dravidian language spoken by the Kandha community of Odisha.
• It is the 29th most spoken language in India.
163
• The inclusion of Kui in the 8th Schedule would have a number of positive impacts, including:
❖ Increased recognition and status for the Kui language and culture
❖ Increased opportunities for research and education in Kui

❖ Increased use of Kui in government and legal proceedings
❖ Enhanced opportunities for economic development for the Kandha community
Eighth Schedule (Articles 343 to 351) of the Indian Constitution
• The Eighth (8th) Schedule of the IC lists the 22 official languages of India.
• The languages were added to the schedule over time, with the first 14 being added in the original con-
stitution and the remaining 8 being added through amendments.
• The 8th Schedule also contains provisions for the use of Hindi as the official language of the Union.
Language Added by Year
Assamese Original -
Bengali Original -
Gujarati Original -
Hindi Original -
Kannada Original -
Kashmiri Original -
Konkani 71st Amendment 1992
Malayalam Original -
Marathi Original -
Manipuri 71st Amendment 1992
Nepali 71st Amendment 1992
Oriya Original -
Punjabi Original -
Sanskrit Original -
Sindhi 21st Amendment 1967
Tamil Original -
Telugu Original -
Urdu Original -
Bodo 92nd Amendment 2003
Dogri 92nd Amendment 2003

164
Maithili 92nd Amendment 2003

Santhali 92nd Amendment 2003
{GS2 – Polity – IC – DPSP – 2023/07} Uniform Civil Code (UCC)
• Context (TH): UCC panel to hear views of Law Ministry.

• The UCC is the idea of having a common set of personal laws on marriage, divorce, inheritance,
adoption, and succession that would apply to all citizens irrespective of religious affiliations.
• Underlining principle of UCC is that the laws should be gender-neutral, religion-neutral, and uniform
grounds procedure for all citizens in civil matters such as marriage, divorce, etc.
Constitutional provisions
Seems to align with the idea of UCC

• Article 44 in part IV (Directive Principles of State Policy) of IC says that the state “shall endeavour to
secure for the citizens a uniform civil code throughout the territory of India”.
• Part IV of IC deals with the Directive Principles of State Policy, which are not enforceable or justici-
able in a court of law but are fundamental to the country’s governance.
Seems to be in contravention of the idea of UCC

• Sixth Schedule [Articles 244(2) and 275(1)] was created to conserve and protect the customary laws
and practices of different communities.
❖ Provisions of the Sixth Schedule apply to the Administration of Tribal Areas in the States of As-
sam, Meghalaya, Tripura, and Mizoram.
• Article 25: lays down an individual’s fundamental right to religion.
• Article 26(b): upholds the right of each religious denomination or any section thereof to “manage its
own affairs in matters of religion.
• Article 29: defines the right to conserve distinctive culture.
Arguments against UCC

➢ The Constituent Assembly refrained from implementing a UCC due to existing mistrust between com-
munities. Implementing a UCC in present-day India would only exacerbate the divides.
➢ Certain civil laws in all communities are inseparably connected with religious beliefs and practices.
➢ The UCC would come in the way of Article 25-28 of IC, which guarantees the right to freedom of reli-
gion subject to public order, morality, and health.
➢ All Hindus are not governed by a homogenous personal law even after the enactment of the Hindu
Code Bill, and so are Muslims and Christians under their personal laws.
➢ For instance, in the Northeast, there are more than 200 tribes with various customary laws. The Constitu-
tion itself protects local customs in Nagaland.
165
UCC and Tribal rights

➢ Provisions of the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956, do not apply to any
Scheduled Tribe unless the Central Government explicitly directs the same.
➢ Many tribal groups fear that the UCC may dilute tribal customary laws and rights.
Plurality is a common feature across domains

➢ India does have uniformity in most criminal and civil matters. However, states have made over 100
amendments to the CrPC and IPC and several amendments to civil laws.
➢ If plurality exists in already codified civil and criminal laws, how can the concept of ‘one nation, one
law’ be applied to diverse personal laws of various communities?
Arguments for UCC

✓ UCC would promote gender equality.
✓ If personal laws of inheritance, succession and so on are seen as a part of religion, then many discrimi-
natory practices of the Hindu personal law against women could not be eliminated.
✓ UCC would not be against the freedom of religion as IC allowed the government to make laws
covering secular activities related to religious practices if they were intended for social reform.
Supreme Court called for implementing the UCC

• In many cases, while deciding whether to give prevalence to the CrPc or the Muslim personal law, the SC
called for implementing the UCC.
• SC in 2019 hailed Goa as a “shining example” of an Indian State with a functioning UCC.
Central government’s view

• The Central government holds that the overarching aim of the UCC is to ensure gender justice.
• The Central government told SC that IC obligated the State to have a UCC and said that people of
different religions following different property/matrimonial laws was an “affront to the nation’s unity”.
Constituent assembly’s view

• The framers of IC did not intend total uniformity or one law for the whole country, which is why per-
sonal laws were placed in entry 5 of the Concurrent List (hence they differ from state to state), with
the power to legislate given to Parliament and State Assemblies.
Report of 21st Law Commission on UCC

• In 2018, the Law Commission issued a consultation paper instead of a final report on the UCC.
• The paper titled Reforms of Family Law argued for reforming family laws across religions through
amendments and codifying personal laws to limit “ambiguity in interpretation” and application.
• Followings are some of the suggestions:
1. UCC is neither necessary nor desirable at this stage.
166
2. A unified nation did not necessarily need “uniformity”. Difference did not always imply dis-
crimination in a robust democracy.

3. Secularism could not contradict the plurality prevalent in the country. “Secularism” had meaning on-
ly if it assured the expression of any form of difference.
4. Cultural diversity cannot be compromised to the extent that our urge for uniformity itself be-
comes a reason for threat to the territorial integrity of the nation
5. Discriminatory practices within a religion should not hide behind the cloak of that faith to gain le-
gitimacy. The discriminatory practices, prejudices and stereotypes within a particular religion and its
personal laws should be studied and amended.
6. Women must be guaranteed their freedom of faith without compromising their right to equality,
as it would be unfair to make women choose between one or the other.
7. Certain measures in marriage and divorce should be uniformly accepted in the personal laws of
all religions. Some of these amendments include fixing the marriageable age for boys and girls at
18, making adultery a ground for divorce for both men and women, etc.
{GS2 – Polity – IC – Elections – 2023/07} Delimitation draft
• Context (TH): Opposition parties of Assam staged a protest against EC’s draft delimitation document.
• The delimitation of constituencies in Assam was last done in 1976, based on the 1971 census.
• Hence the number of seats in the Lok Sabha/Assembly is not adjusted to reflect the population growth.
• The Election Commission (EC) has proposed to retain the number of seats but to make changes to the
geographical boundaries of the constituencies and the number of reserved seats for STs and SCs.
• EC proposals met with controversy from the Bengali-origin Muslim community, who allege partisan
draft, depriving political representation.
• Delimitation in Assam is a complex issue with valid concerns. A fair and transparent process is essential
to ensure representation of all communities.
Delimitation Commission (Boundary Commission)

• Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a
country to represent population changes. Delimitation is done for:
✓ Ensuring equitable representation for all segments of a population.
✓ Promoting equitable distribution of electoral districts to prevent partisan advantage.
✓ Upholding the principle of "One Vote One Value".
• The Delimitation Commission is set up by an act of the Parliament and is appointed by the President.
• Functions Include:
1. Establishing proportional constituency sizes and boundaries to achieve population equality be-
tween constituencies.
2. Designating reserved seats for SCs and STs in areas where their population is significant.
167
Members of the Delimitation Commission (DC)

• President appoints the Delimitation Commission, which cooperates with the Indian Election Com-
mission and consists of:
1. A retired judge of the Supreme Court
2. Chief Election Commissioner (Ex officio member) or Election Commissioner nominated by CEC
3. State Election Commissioners (of the respective states) – Ex-officio members
Orders of the Delimitation Commission (DC)
• The delimitation orders of the DC have the force of law and cannot be questioned before any court.
• The copies of its orders are laid before the House of the People and the State Legislative Assembly con-
cerned, but no modifications are permissible therein by them.
• These orders come into force on a date specified by the President of India on DC’s behalf.
Issues with Delimitation Commission

➢ Despite the 2002-2008 Delimitation process being based on the 2001 census, the total number of
seats in the Assemblies and Parliament, determined by the 1971 Census, remained unchanged, lead-
ing to a mismatch between population data and representation.
➢ The constitution sets a maximum limit of 550 seats for the Lok Sabha and 250 seats for the Rajya
Sabha, which means that rapidly growing populations are being represented by a single representative,
potentially diluting their representation.
➢ The disparity in population control efforts among states can lead to unequal representation in Parlia-
ment, with states showing less interest in population control potentially having more seats.
➢ Southern states that have actively promoted family planning may face the possibility of having their
parliamentary seats reduced, thus diminishing their political influence.
Why the Delimitation in Assam now?

• Arunachal Pradesh, Nagaland, Assam and Manipur were left from the delimitation process in 2002-08
because there were protests due to the pending National Register of Citizen (NRC) process.
• In 2008, after the President had deferred delimitation in Arunachal Pradesh, Assam, Manipur and
Nagaland, Parliament decided that the EC would conduct the exercise instead of creating another De-
limitation Commission.
• The RPA was amended, and Section 8A was introduced to give the EC’s new assignment legal validity.
• In 2020, the then President, Ram Nath Kovind, repealed the deferment order of 2008.
• In 2020, the government constituted a Delimitation Commission headed by former Supreme Court
judge Ranjana Prakash Desai to redraw Lok Sabha and assembly constituencies of the Jammu and
Kashmir, Assam, Arunachal Pradesh, Manipur and Nagaland.
Article 82 of the Indian Constitution

• Until the relevant figures for the first census taken after the year 2026 have been published:
168
1. The allocation of seats in the House of the People to the States may be readjusted based on the
1971 census.
2. The division of each State into territorial constituencies may be readjusted based on the 2001
census.
87th Amendment Act of 2003

• 87th Amendment Act of 2003 provided for the delimitation of constituencies based on the 2001 cen-
sus and not the 1991 census.
• This can be done without altering the number of seats allotted to each state in the Lok Sabha.
Section 8A of RPA, 1950

• It allows for the delimitation of Parliamentary and Assembly constituencies in Arunachal Pradesh, Assam,
Manipur or Nagaland.
National Register of Citizens (NRC)

• The NRC was born from independent India’s first census in 1951.
• All States were mandated to compile an NRC, but it was done only in Assam.
• The fear of the indigenous people being outnumbered by “illegal immigrants” during and after the 1971
Bangladesh War led to the Assam Agitation from 1979 to 1985.
• The demand for updating the 1951 NRC to eject foreigners from Assam was raised during the agitation.
• The agitation ended with the signing of the Assam Accord in August 1985.
• The accord prescribed March 24, 1971, the eve of the Bangladesh War, as the cut-off date for de-
tecting, detaining and deporting foreigners.
{GS2 – Polity – IC – Elections – 2023/07} Election Symbols Disputes
• Context (TH | ET): Amid the infighting in the NCP, Ajit Pawar approached the Election Commission (EC)
to stake claim to the name and symbol of the party.
• In response, the Sharad Pawar faction has filed a caveat with the EC, urging it to hear their side.
The Election Symbols (Reservation and Allotment) Order, 1968

• The Election Commission (EC) promulgated this order in 1968.
• The Election Symbols Order provides for:
❖ Specification, reservation, choice and allotment of symbols at elections in Parliamentary and State
Assembly constituencies.
❖ Registration, de-registration, recognition and derecognition of political parties.
❖ Conditions a party must fulfil to become a national or a state party.
❖ Resolving disputes involving splits in recognised parties or the merger of political parties.
169
Symbols
• Symbols are reserved for political parties. A reserved symbol is allocated to a political party, while a free
symbol can be allocated to non-recognized parties and independent candidates.
Party Disputes
• ECI is the ONLY authority to decide on a dispute in a political party or a merger of political parties.
• The Symbols Order mandates that when EC is satisfied that there are two splinter groups within a recog-
nised party, the question comes undisputedly within the commission's jurisdiction for adjudication.
• ECI decides the dispute based on a claimant’s support within a political party in its organisational wing
(office-bearers) and its legislative wing (MPs and MLAs).
• Whenever the EC could not test the strength of rival groups based on support within the party organi-
sation, it only consider the majority among elected MPs and MLAs.
• The ECI may decide the dispute in favour of one faction, give the name and symbol of that recognised
party, and permit the other group to register as a separate political party.
• If both legislative win and organisational win are found indecisive, the ECI also freezes the symbol and
asks both factions to choose a new symbol and register themselves with new names.
• In 1969, in the first Congress split, the ECI recognised both the Congress (O) and Congress (R) parties.
• If reunited in future, the claimants may approach the EC again and seek to be recognised as a unified
party. ECI may restore the symbol and name of the original party.
170
Sadiq Ali and Another Vs Election Commission of India, 1972

• SC held that in matters of disputes among splinter groups of a party, the test of majority support among
the members of the "organisational and legislature wings" of the party is critical.
• The Sadiq Ali order is not about the legislative majority alone. It was about considering all viable tests.
Election Symbols (Reservation and Allotment) (Amendment) Order, 2017

• It contained the list of the national and state parties with their respective symbols, a list of registered un-
recognised parties, a list of free symbols, images of reserved symbols, etc.
Recognition and Derecognition of the Political Parties

• Political parties are divided into regional or state and national or registered and unregistered parties.
• After two consecutive general elections, the poll performance of the already recognised political parties
and newly associated parties would be evaluated.
• If they fail to perform well, they could be deregistered or derecognised, and newly associated parties
could find their place as recognised or registered parties.
• This order helps the Commission to prevent the wanton growth of political parties.
The Constitutional Validity of the Symbols Order

171
• The constitutional validity of the Symbols Order was challenged in Kanhaiyalal Omar v. R K Trivedi (1986).
• The main objection was that Article 324 of the Constitution could not be interpreted to have vested leg-
islative powers to the ECI to issue such an order. The SC repudiated this argument on two grounds:
1. Conduct of Election Rules, 1961
2. Article 327
Conduct of Election Rules, 1961

• Rule 5 obliges the EC to specify symbols used by the political parties in Parliamentary/State Elections.
• Rule 10(4) empowers the ECI to issue general or specific directions to the returning officers at the booth
regarding the allotment of symbols.
• Rule 10(5) authorises the Commission to revise the allotment of the symbols by the returning officers
if they are inconsistent with the directions issued by the EC.
• In light of these rules, ECI has the legal authority to promulgate the Sybols Order.
Article 327
• Article 327 provides that Parliament may make provisions concerning all matters relating to elections
to the House of Parliament/State Legislature, subject to provisions of IC, including Article 324.
• Article 324: Superintendence, direction & control of elections to be vested in an Election Commission.
• So, the EC is empowered to issue such orders in light of its wide powers under the Indian Constitution.
{GS2 – Polity – IC – Elections – 2023/07} Electoral bonds
• Context (TH): GOI approved the issue of the 27th tranche of electoral bonds for sale in July.
• Electoral Bonds are an interest-free instrument like a Promissory Note.
• These bonds were introduced in 2018 to bring transparency to the political funding system.
Eligibility
1. A citizen of India or a body incorporated in India will be eligible to purchase the bond.
2. Political parties registered under section 29A of the Representation of the Peoples Act, 1951 (43 of
1951) and secured a minimum of one per cent of the votes polled in the last general election to the
House of the People or a Legislative Assembly are eligible to receive funding via electoral bonds.
Features of the Electoral Bonds

• It doesn't carry the name of the payee. Though the bond purchaser needs to submit KYC documents.
• SBI is the sole authorised bank for selling Electoral Bonds.
• Such bonds are sold in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore.
• Electoral Bonds have a life of only 15 days. After 15 days, it can't be encashed instead, the amount will
be deposited in the PM Relief Fund.
• Once the Electoral Bond is purchased, it cannot be cancelled, and no amount will be refunded to the
Purchaser.
172
• All payments for issuing Electoral Bonds will be accepted in Indian Rupees only.
They can be purchased either Singly or Jointly with other Individuals but not more than three Appli-
•
cants per Application Form.
Criticism
➢ It brought opacity rather than transparency to election funding.
➢ The anonymity of electoral bonds is only for the broader public and opposition parties. It leaves
the door open for the government to know who funds its opponents.
➢ Earlier, the company could donate up to 7.5% of the average net profits of the company in the pre-
ceding three years. Now, the government has amended the Companies Act to remove this limit, open-
ing the doors to unlimited funding by corporate India.
{GS2 – Polity – IC – Federal Structure – 2023/07} NCT of Delhi Act 2021
• Context (TH): SC agrees to hear the Delhi government's petition, which challenges the provisions of the
Center’s Ordinance that:
1. Transferred the control over civil servants serving in Delhi from the government of NCT of Delhi
to the unelected Lieutenant Governor.
2. Mandates forming a “permanent” National Capital Civil Service Authority (NCCSA).
Centre vs Delhi Government

• According to the National Capital Territory of Delhi (Amendment) Act, 2021, the "government" in
Delhi means the "Lieutenant Governor".
• The L-G’s opinion shall be obtained before the government takes any executive action based on deci-
sions taken by the Cabinet or any individual minister.
• It gives primacy to the Lieutenant Governor (L-G) over the elected government in the city.
SC verdict
• The judgment of a Constitution Bench led by Chief Justice of India D.Y. Chandrachud had limited the
role of the L-G over bureaucrats in the capital to three specific areas — public order, police and land.
• SC held that the elected govt of Delhi has legislative and executive power (Including control over
bureaucrats) in NCT Delhi except on matters such as Public order, police and Land.
• SC acknowledged that the principles of federalism apply to Delhi despite not being accorded the sta-
tus of a full state.
• SC said a principle of “triple-chain of collective responsibility” existed in the governance of the capital:
1. Civil service officers are accountable to ministers.
2. Ministers are accountable to Parliament/legislature.
3. Parliament/legislature is accountable to the electorate.
173
Centre's ordinance to negate Supreme Court order

• The Centre brought an ordinance designating the L-G as the administrator of Delhi, who will have the
final say on the postings and transfer of all bureaucrats serving the Delhi government.
Way forward
• The bureaucrats have to come under the control of the Delhi government. Otherwise, its responsi-
bility towards the legislature and the public is diluted.
National Capital Civil Service Authority (NCCSA)
• NCCSA is formed by the Centre’s Ordinance. The provisions in the ordinance mandate the formation of
a “permanent” National Capital Civil Service Authority (NCCSA).
• Composition: Chief Minister is the chairperson, and the Chief Secretary and Principal Home Secre-
tary as Member and Member-Secretary, respectively.
Authority of NCCSA
• The NCCSA exercises authority over civil service officers in all Delhi government departments except
those in public order, police and land.
• The NCCSA would decide civil service officers' transfers, postings, prosecution sanctions, disciplinary
proceedings, vigilance issues, etc., deputed to Delhi government departments.
• NCCSA takes the decisions by the majority of votes of the members present and voting. In case of a
difference of opinion, the Lieutenant Governor's decision would be final.
Issues
• The dual governance scheme envisioned in Article 239AA is threatened as
➢ the two bureaucrats in NCCSA can outvote the head of the elected government, the CM of Delhi.
➢ L-G (appointed by the centre) has the final say in the case of a difference of opinion.
Article 239AA of the Indian Constitution

• Article 239AA was added to the Constitution through the 69th Amendment Act in 1991.
• It grants special status to the National Capital Territory of Delhi (NCT).
• It establishes a Legislative Assembly and a Council of Ministers in the NCT, headed by a Chief Minister.
• The executive power lies with the Delhi government, except for police, land, and public order.
• The Legislative Assembly of Delhi has the authority to make laws on subjects in the Concurrent and
State lists, except for three excluded subjects.
{GS2 – Polity – IC – FR – 2023/07} Freedom of Speech: IT Rules
• Context (TH): A Division Bench of the Bombay HC is hearing petitions challenging the constitutional
validity of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
• Context (TH): The Bombay HC opined that the recently amended IT rules include a provision to form a
fact-checking unit (FCU) to flag certain news against the govt on social media might be “excessive”.
174
• Context (TH): The High Court of Karnataka dismissed a petition filed by Twitter, challenging several
blocking orders by the Ministry of Electronics and Information Technology.

• Earlier, under section 69A of the IT Act, the Centre had directed Twitter to block several accounts,
tweets, URLs, and hashtags.
Information Technology (IT) Act, 2000

• The IT Act, 2000 provides for legal recognition of transactions through electronic communication.
• The Act also penalises various forms of cybercrime.
• The IT Act exempts intermediaries from liability for third-party content (safe harbour) if they com-
ply with certain requirements. The 2021 Rules describe such requirements.
Section 69A of the IT Act

• Section 69 of the IT Act allows the govt to issue content-blocking orders to online intermediaries
such as ISPs, telecom service providers, search engines, online marketplaces, etc.
• However, the Section requires the information or content being blocked to be deemed a threat to In-
dia’s national security, sovereignty, or public order.
• In such blocking order, the central or state govt should mention reasons in writing.
• The PIL filed by Shreya Singhal in 2012 challenged Section 69A.
• The SC held Section 69A to be “constitutionally valid”, emphasising that an adequate level of proce-
dural safeguards had been incorporated, which are:
1. The requirement to issue a well-reasoned order.
2. Providing notice to both the intermediary and the originator of the content targeted for blocking.
Section 66(A) of the IT Act

• Section 66(A) penalised the sending of offensive messages through a communication device.
• Recently, incidents related to comments, sharing of information, or thoughts expressed by an individ-
ual to a broader audience on the internet have attracted criminal penalties under Section 66(A).
• This has led to discussion and debate on the ambit of the Section and its applicability to such actions.
• In 2012, PIL was filed by Shreya Singhal, challenging the constitutionality of Section 66A of the IT Act.
• The SC, in Shreya Singhal vs Union of India (2015), declared Section 66A unconstitutional (on the
grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the IC).
IT Rules, 2009
• The Information Technology (Procedure and Safeguards for Blocking for Access of Information by
Public) Rules, 2009 outline the procedure for blocking orders.
Grounds on which Section 69A can be applied

1. Safeguarding the sovereignty, integrity, and defence of India,
175
2. Maintaining the security of the State,

3. Promoting friendly relations with foreign States,
4. Ensuring public order,

5. Preventing incitement to commit any offence related to the grounds above.
 Misinformation and fake news are not grounds under which free speech can be restricted under
Article 19(2) and Section 69A.
 In the case of Brij Bhushan and Another vs The State of Delhi, SC declared that pre-censorship on free-
dom of speech is against the principles of the Constitution.
 Implementing a form of digital prior restraint, especially when it is disproportionately applied, can have a
chilling effect on the freedom of speech of users of online platforms.
IT Amendment Rules, 2023

• These were notified under the IT Act, 2000.
• The amendments regulate false information and online gaming.
• The new rules require the social media intermediaries to remove or otherwise modify content related
to the Union govt if a govt-mandated fact-checking unit (FCU) directs them to do so.
{GS2 – Polity – IC – FR – 2023/07} Habeas Corpus
• Context (TH): Madras HC delivered a split verdict on a habeas corpus petition filed by the Tamil Nadu
Minister V. Senthilbalaji's wife.
• One judge declared that the Minister’s June 14 arrest in a money-laundering case was illegal and or-
dered him to be released.
• The judge stated that the Minister was in the custody of ED when the petition was heard on June 22, and
such custody was illegal.
• Other judges hold that the petition was not maintainable.
Habeas Corpus Petition (HCP)

• SC can issue directions/orders/writs to enforce fundamental rights.
• The writs may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Habeas Corpus
• The Latin term habeas corpus means ‘to have the body of'. It is an order issued by the court to a per-
son who has detained another person to produce the body of the latter before it.
• If the detention is illegal, SC would free the detained person.
• The principal aim of the writ is to ensure swift judicial review of alleged unlawful detention.
• Writ of habeas corpus can be invoked against the state or any individual holding any person in cus-
tody or detention.
• In the Gopalan vs GOI case, SC ruled that the relevant date for deciding whether a person’s deten-
176
tion was legal or not would be the date when the court heard the petition related to his detention.
Does a Habeas Corpus Petition stand after a judicial order of remand?

• SC stated that an HCP could be entertained after passing a judicial remand order only in cases of
absolute illegality, lack of jurisdiction, or wholesale disregard for fundamental rights.
{GS2 – Polity – IC – FR – 2023/07} Habeas Corpus
• Context (TH): TN minister Senthil Balaji was arrested in June by the ED under the Prevention of Money
Laundering Act (PMLA) concerning the cash-for-job scam.
• Subsequently, on the same day, the sessions court remanded him to judicial custody for 15 days.
• The minister's wife filed a habeas corpus petition (HCP).
• Madras HC delivered a split verdict on the HCP. One of the judges allowed HCP and held it to be
maintainable despite a judicial remand order by the lower court.
• Another judge held that the petition was not maintainable as the session judge had already passed
judicial remand. He ruled that such a petition is maintainable only in extraordinary cases.
• Following the split verdict, the Chief Justice of Madras HC named the third judge to hear a habeas cor-
pus petition. The third judge held that the HCP filed is not maintainable.
Procedure to be followed to hear the case after a split verdict

1. Differing judges list the points of difference before referring the matter to the third judge.
2. The third judge could also frame the points of difference before proceeding with the case hearing.
Habeas Corpus Petition (HCP)

• Both SC and HC can issue directions/orders/writs to enforce fundamental rights.
• The writs may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Habeas Corpus
• In Latin, habeas corpus means ‘to have the body of'. It is an order issued by the court to a person who
has detained another person to produce the body of the latter before it.
• If the detention is illegal, SC would free the detained person.
• The principal aim of the writ is to ensure swift judicial review of alleged unlawful detention.
• Writ of habeas corpus can be invoked against the state or any individual holding any person in cus-
tody or detention.
• In the Gopalan vs GoI case, SC ruled that the relevant date for deciding whether a person’s detention
was legal would be when the court heard the petition related to his detention (the court can decide
on the same day).
Does a Habeas Corpus Petition stand after a judicial order of remand?

177
• SC stated that an HCP could be entertained after passing a judicial remand order ONLY in cases of
absolute illegality, lack of jurisdiction, or wholesale disregard for fundamental rights.
Article 22 of the IC: Protection against arrest/detention

1. An arrested person has the right to be informed about the grounds of arrest.
2. He has the right to consult, and to be defended by, a legal practitioner of his choice.
3. Arrested persons shall be produced before the nearest magistrate within twenty-four hours of such
arrest, excluding the time necessary for the journey.
4. No person shall be detained in custody beyond the said period without the authority of a magistrate.
• These provisions don't apply:
❖ To an enemy alien.
❖ To any person arrested or detained under any law providing preventive detention.
{GS2 – Polity – IC – FR – 2023/07} Right to Silence
• Context (HT): All accused have the Right to silence and cannot be forced to speak up or admit guilt.
• The Right To Silence emanates from Article 20(3), which states that no one can be compelled to be a
witness against himself. The provision gives an accused the right against self-incrimination.
• The protection of the right to silence is limited to criminal proceedings.
• It does not apply to other types of proceedings, such as those under the Customs Act or the Foreign
Exchange Management Act.
• This is because these laws do not define the person being interrogated as an "accused" and there-
fore do not entitle them to a lawyer.
Provision for the Right To Silent

• Article 20(3) of the IC says that no person accused of any offence shall be compelled to be a witness
against himself. The characteristics features of these provisions are:
1. The Accused is presumed to be innocent until proven guilty.
2. It is the duty of the prosecution to establish guilt.
3. The accused cannot be forced to state his will.
• Section 161(2) of the CrPC lays down that an accused should answer all questions put forth by the
authorities truthfully, other than those which subject him to penalty or other punishments.
• It means that a central excise officer or a customs officer has a right to summon a person, and the
person is bound to state the truth.
• However, if the truth is self-incriminatory and can be produced as a witness against the person sum-
moned, he can exercise the privilege granted under Article 20(3) of the IC.
• In Kartar Singh vs. the state of Punjab, the SC has stated that the officers who bring in the accused
must inform him/her about the right to silence while recording statements.
178
Can a law curtail Fundamental Rights?

• Article 13(2) of the IC states that the state shall not make laws that infringe/abridge the funda-
mental rights of citizens provided under the constitution.
• If any law is made to that extent, it shall be void (the SC can declare it unconstitutional).
• Thus, neither an executive action nor a legislative law can violate fundamental rights.
• A self-incriminatory statement is not admissible in any criminal/quasi-criminal proceeding.
{GS2 – Polity – IC – Legislature – 2023/07} Anti-Defection Law
• Context (TH): NCP has moved a disqualification petition to the speaker against nine MLAs.
• Context (TH): Maharashtra Speaker issues disqualification notice to 40 MLAs of the Eknath Shinde
camp and 14 MLAs of the Uddhav Thackeray faction.
• In 1985, the Tenth Schedule and Article 102(2) of the IC were added by the 52nd Constitutional
Amendment Act, which provides for the disqualification of MLAs.
• The objective is to strengthen parliamentary democracy by curbing unprincipled political defections.
Grounds for Disqualification

• The Tentch Schedule (Anti-Defection Law) provides two grounds for disqualification:
1. If the member voluntarily gives up their membership of a political party.
2. If a member abstains from voting or votes against their party's directions without the party's
consent.
• The law is also applicable to independent MLAs. They are prohibited from joining a political party; if
they do so, they can lose their membership in the legislature.
Exceptions
• The anti-defection law does not apply if two-thirds of the party’s MLAs leave a political party. But,
these MLAs have to merge with another party to avoid disqualification.
Adjudicating Authority
• Speaker is the deciding authority. Article 180(1) of the Constitution states that the Deputy Speaker
performs the Speaker’s duties when the office is vacant.
• In Ravi Naik vs Union of India (1994), SC held that the Speaker could decide that a member had vol-
untarily given up their membership based on their conduct, even without a formal resignation.
• In Rajendra Singh Rana Vs Swami Prasad Maurya Case, 2007, SC held that the disqualification would
be said to have occurred the moment the members commit the act of defection.
• SC held that the Speaker can not initiate disqualification proceedings suo moto and would have to
be approached with a petition first.
• An MLA has the right to participate in the proceedings of the House regardless of the pendency of
179
any petitions for their disqualification.

Time limit
• There is no time limit to decide the matter under the anti-defection law.
• Speakers decide the matter after hearing all parties, which could take time.
• SC has recommended that Speakers decide on defection cases in three months.
Judicial Clarification
Kihoto Hollohan Case, 1991

❖ SC upheld the constitutionality of the Tenth Schedule.
❖ It affirmed the Speaker’s power to decide questions of disqualification.
❖ It concluded that the Speaker's decision is subject to judicial review.
Nabam Rebia Case, 2016

❖ The case was heard to decide whether a Speaker facing resolution for the removal can adjudicate dis-
qualification petitions under the Tenth Schedule of the Constitution.
❖ SC concluded that a presiding officer should not adjudicate any disqualification complaint while a
motion of his own removal is pending.
Karnataka Assembly Case, 2019

❖ SC stated that disqualification proceedings would not be affected by the member submitting their
resignation after the act of disqualification had been committed.
❖ SC held that the Speaker did not possess the power to specify a period of time for the disqualifica-
tion, nor did they have the power to bar a member from contesting in elections.
Maharashtra case, 2023

❖ SC cannot adjudicate petitions for disqualification under the Tenth Schedule in the first instance.
❖ The Speaker must decide disqualification petitions within a reasonable period.
Role of Governor
• SC, in the SR Bommai case in 1994, ruled that the majority should be tested on the floor of the
House, not Raj Bhavan. Hence, the Governors should not dismiss a state government, charging that it
did not have a majority in the state legislature.
Arguments against the law

• The law has failed to provide the intended stability to the government.
• It curbed an elected representative’s Freedom of Speech and right to dissent.
Recommendations to improve the law

• The law aims to maintain government stability. Still, the Anti-Defection Law applies to every vote in LS,
180
RS, SLA and SLC where the government’s stability is not at stake. It must apply only to save govern-
ments in no-confidence motions.

• Presiding Officers (Speaker), often seen to act partisanly, should not be the deciding authority in defec-
tion cases. As Supreme Court said, Parliament should set up an independent tribunal headed by a
retired judge of the higher judiciary to decide defection cases swiftly and impartially.
{GS2 – Polity – IC – Parliament – 2023/07} No-Confidence Motion
• Context (TH): Opposition parties plan to move a no-confidence motion in the Lok Sabha.
• When a no-confidence motion is initiated, it means that a member or group of legislative body members
expresses a lack of confidence in the current government.
• The IC does not mention either a Confidence or a No-confidence Motion. However, Article 75 of IC
does specify that the Council of Ministers shall be collectively responsible to the Lok Sabha.
• Hence, a vote of 'no confidence' is always moved/passed against the entire government and not
against an individual minister.
Key Points
• No-confidence Motion can be moved only in Lok Sabha.
• No prior reason needs to be stated for its adoption in the Lok Sabha.
• The motion needs the support of 50 members to be admitted.
• A no-confidence motion needs a majority vote (of the members present) to pass the House.
• If individuals or parties abstain from voting, those numbers will be removed from the overall
strength of the House, and then the majority will be considered.
• If the motion is passed in the house, the Government is bound to vacate the office.
• The time lapse between passing one no-confidence motion and the other one is six months at least.
Procedure
• The member has to give written notice of the motion before 10 am, which will be read out by the
Speaker in the House.
• A minimum of 50 members have to accept the motion, and accordingly, the Speaker will announce the
date for discussion of the motion.
• The allotted date has to be within 10 days from the day the motion is accepted. Otherwise, the motion
fails, and the member who moved the motion will be informed about it.
Speaker’s Role
• The Speaker has a substantial measure of discretion in admitting matters. The no-confidence motion is
an exception. The leave to move the motion is granted by the House and not by the Speaker.
• That is, the Speaker has not been given the power to admit or disallow the no-confidence motion.
181
He/she has to merely form an opinion that the motion is in order.
Previous No-Confidence Motions in the Indian Parliament

• The no-confidence motion has been passed 27 times in the past.

• The first no-confidence motion was moved during the third Lok Sabha in 1963 when Jawaharlal Neh-
ru was the Prime Minister. Former Congress leader Acharya J.B. Kripalani moved the motion.
• The first no-confidence motion that led to the falling of a government was moved by Y.B. Chavan in
1979 against the government of Morarji Desai. Desai resigned before the motion could be put to vote.
• Indira Gandhi faced fifteen no-confidence motions, but none were successful.
• The most intriguing and closest of the no-confidence motion was moved in 1999 when the Vajpayee
government lost the no-confidence motion by just one vote, which led to the fall of his government.
• VP Singh and HD Deve Gowda are the other two PMs who lost to no-confidence motions.
• Last no-confidence motion was moved against the NDA government in 2018.
{GS2 – Polity – IC – Parliament – 2023/07} Vice-Chairpersons of Rajya Sabha
• Context (PIB): The Chairman of Rajya Sabha has nominated four women Parliamentarians to the panel
of Vice-Chairpersons.
• The reconstituted panel contains a total of eight names, out of which half are women.
• This is the first time in the history of the Upper House that equal representation has been given to
women members in the panel of Vice-Chairpersons.
Panel of Vice-Chairpersons
• As per Rajya Sabha rules, the Chairman nominates a panel of vice-chairpersons from among the
members of Rajya Sabha.
• The panel consists of a maximum of six vice-chairpersons.
• One of the members may preside over the Council in the absence of the Chairman or the Deputy
Chairman of Rajya Sabha.
• A vice-chairperson shall hold office until a new panel of vice-chairpersons are appointed.
Panel of Chairpersons in Lok Sabha

• As per Lok Sabha rules, the Speaker nominates from amongst the members a panel of Chairpersons.
• The panel consists of a maximum of 10 Chairpersons.
• One of the members may preside over the House in the absence of the Speaker or the Deputy Speak-
er of Lok Sabha.
• A Chairperson shall hold office until a new panel of vice-chairpersons are appointed.
Smt. Phangnon Konyak

• Context (IE): Smt. Phangnon Konyak, an Indian politician from Nagaland, became the first woman
182
this year to be appointed to the panel of Vice-Chairpersons of Rajya Sabha.

• In 2022, she became the first woman to be elected as a Member of the Rajya Sabha from Nagaland.
• She is the second woman from the state to be elected to either the Parliament or the State Assembly.
• She made history again as the first woman from Nagaland in the Rajya Sabha to preside over the
sessions as the chairperson.
{GS2 – Polity – IC – Separation of Powers – 2023/07} Powers of Governor
• Context (TH): Following the Kerala Governor “sitting” on nine bills passed by the State Legislature,
the State government is all set to move to the Supreme Court.
The issue with the Governor’s delay

• The governors, in some instances, would delay giving assent or returning Bills for an indefinite period,
even though the Constitution required prompt action.
• Furthermore, the governors were taking extended periods of time to reserve Bills for the President's
assent, despite the requirement for immediate action.
Article 200 of the Indian Constitution

• Article 200 addresses the powers of the Governor concerning assent to bills passed by the State legis-
lature, as well as other powers such as reserving a bill for the President's consideration.
• Article 200 provides the Governor with three options:
1. giving assent to a Bill or
2. withholding assent to a Bill or
3. reserving it for the President’s consideration.
• It also provides that the Governor may, as soon as possible after the presentation of the Bill to him for
assent, return it requesting that the House reconsider the Bill itself or any of its provisions.
Supreme Court's Order

• SC's judgement in a petition by the Telangana government said that Governors should return Bills “as
soon as possible” and not sit over them, making State Legislative Assemblies wait indefinitely.
• The court agreed that the proviso to Article 200 mandates that Governors should “as soon as possi-
ble” return Bills, other than Money Bills, for reconsideration by the House.
Rameshwar Prasad and Ors. vs Union Of India and Anr

• According to Article 361 of the Constitution, Governors are granted complete immunity from court
proceedings for any actions taken in the exercise of their powers.
• However, the SC has ruled that "the immunity granted by Article 361(1) does not prevent the Court
from examining the validity of the action, including on the grounds of malicious intent".
• That is, if the grounds for refusal reveal malicious intent, the Governor's decision to refuse assent
183
could be deemed unconstitutional.

• Therefore, when a Governor declares that they are withholding assent to a bill, they must provide a val-
id reason for such refusal. As a high constitutional authority, the Governor cannot act arbitrarily.
Types of Veto Power: Absolute, Suspensive, and Pocket Veto

• Absolute Veto: The President possesses the authority to decline his assent to a bill passed by the Par-
liament, resulting in the bill not becoming an act.
• Suspensive Veto: The President returns the bill to the Parliament for reconsideration. If the Parlia-
ment resends the bill, with or without amendments, the President must approve it. Suspensive veto
power cannot be exercised for Money Bills.
• Pocket Veto: When the President exercises a pocket veto, the bill is kept pending indefinitely. In this
scenario, the President neither rejects the bill nor returns it for reconsideration. Exception: The President
has no veto power regarding constitutional amendment bills.
Veto over State Bills

• The Governor possesses an absolute veto and suspensive veto (excluding money bills) but not the
pocket veto.
• The Governor is authorised to reserve specific types of bills passed by the state legislature for the Presi-
dent's consideration. Once reserved, the governor has no further role in enacting the bill.
• The President holds absolute veto power over state bills, not suspensive veto power.
• Additionally, the President can also exercise a pocket veto concerning state legislation.
{GS2 – Polity – IC – Separation of Powers – 2023/07} Powers of Governer
• Context (TH): The Governor of Tamil Nadu, R.N. Ravi, has dismissed V. Senthilbalaji, a Minister in the
Council of Ministers of Tamil Nadu.
• The act of dismissing a Minister without the recommendation of the Chief Minister puts the federal sys-
tem in jeopardy. It will lead to the collapse of the constitutional machinery of the state.
Power of Governor
• The Governor is a mere constitutional head and can act only on the aid and advice of the Council
of Ministers headed by the Chief Minister.
• The dismissal of a Minister by the Governor without the advice of the CM is unconstitutional.
• Under Article 164 of IC, the Governor appoints the Chief Minister without any advice from anyone.
But he appoints the individual Ministers only on the advice of the Chief Minister.
• The Chief Minister alone has the discretion to choose his Ministers. He decides who will or will not
remain a Minister in his Council.
• Article 164 implies that the Governor cannot appoint an individual Minister according to his discre-
184
tion. So, logconstitutionally, the Governor can dismiss a Minister only on the advice of the Chief
Minister.
Appointment of Ministers under the Government of India Act, 1935

• Under the Government of India Act, 1935:
1. Governor chooses the Ministers.
2. He dismisses them at his discretion.
• Thus, the Governor, during colonial rule, had absolute discretion to choose/dismiss a minister.
Constitutional assembly debate on the discretion of Governors

• B.R. Ambedkar had stated unambiguously in the Constituent Assembly that there is no executive
function that a Governor can perform independently under IC.
Judicial clarification on the Powers of a Governor

• In Shamsher Singh and Anr vs State Of Punjab (1974), a seven-judge Constitution Bench declared that
the President and Governor shall exercise their formal constitutional powers only upon and in accord-
ance with the advice of their Ministers save in a few well-known exceptional situations…
• In Nabam Rebia vs Deputy Speaker and Ors (2016), SC ruled that Article 163 of the IC does not give
the Governor discretionary power to act against or without the advice of his Council of Ministers.
• In Mahabir Prasad v. Prafulla Chandra (1969), SC has concluded that the governor's pleasure under Arti-
cle 164(1) is subject to Article 164(2). Thus, the withdrawal of the governor's pleasure must coincide
with the withdrawal of support to the ministry by the assembly.
Legal vs Moral obligations

• It will be desirable if Ministers facing charges quit on their own or they are removed by the respective
Chief Ministers. In the past, the framing of charges in the trial court has led to Ministers being removed,
but it remains a moral high ground and not a mandatory feature of the Constitutional system.
{GS2 – Polity – Inter-State Disputes – 2023/07} Cauvery River Water Dispute
• Context (TH): Tamil Nadu flags shortage in its share of Cauvery water.
Origins and Initial Dispute
• The river Cauvery originates in Karnataka's Talakaveri in Kodagu (Coorg) district and flows into Tamil
Nadu, eventually reaching the Bay of Bengal.
• In 1892, a dispute arose between the Madras Presidency and the Princely state of Mysore.
• Madras opposed Mysore's proposal to build irrigation systems.
• In 1924, Mysore and Madras reached an agreement that permitted Mysore to construct a dam at Kan-
nambadi village.
• The agreement had a duration of 50 years and was subject to review, ultimately leading to the construc-
185
tion of the Krishnaraja Sagar dam in Karnataka.

• The 1924 water-sharing agreement ended in 1974.
Establishment of the Cauvery Water Disputes Tribunal (1990)

• Central Government, in 1990, in the exercise of the powers conferred by section 4 of the Inter-State
River Water Disputes Act, 1956 had constituted the Cauvery Water Disputes Tribunal to resolve the
water dispute among Karnataka, Kerala, Tamil Nadu, and Puducherry.
• The tribunal issued its final award in 2007, stating that Tamil Nadu should receive 419 tmcft of water,
270 TMC to Karnataka, 30 TMC to Kerala and 7 TMC to Puducherry.
Supreme Court Intervention and the Final Verdict

• In 2016, Tamil Nadu experienced a water deficit of 50.0052 tmcft due to insufficient rainfall in Karnataka.
• Seeking resolution, Tamil Nadu approached SC, resulting in court orders to release water.
• SC initially ordered Karnataka to release 15,000 cusecs of water per day to Tamil Nadu for ten days,
which led to protests in Karnataka. Later, SC modified the order, specifying 2,000 cusecs per day.
• In 2018, SC delivered its final verdict, granting Karnataka an additional 14.75 TMC of river water.
• The final allocation for a total of 740 TMC is
✓ Karnataka: 284.75 (270 + 14.75) TMC
✓ Tamil Nadu: 404.25 (419 – 14.75) TMC
✓ 30 TMC to Kerala and
✓ 7 TMC to Puducherry
• The water allocation arrangement will stand unchanged for the next 15 years.
Cauvery Water Management Authority

• In exercising the powers conferred by section 6A of the said Act, the Central Government notified the
Cauvery Water Management Scheme in 2018, inter alia, constituting the ‘Cauvery Water Manage-
ment Authority’ and the ‘Cauvery Water Regulation Committee’.
• The Authority ensures for securing compliance and implementation of the Award of the Tribunal as
186
modified by the Hon’ble Supreme Court:

✓ storage, apportionment, regulation and control of Cauvery waters;

✓ supervision of the operation of reservoirs and regulation of water releases therefrom with the assis-
tance of the Regulation Committee;
✓ regulated release by Karnataka at the inter-State contact point presently identified as Billigundulu
gauge and discharge station, located on the common border of Karnataka and Tamil Nadu.
Mekedatu Reservoir Project
• The Mekedatu Reservoir Project aims to provide water for drinking purposes to Bengaluru city and
generate approximately 400 megawatts (MW) of power.
• In 2018, Tamil Nadu raised objections against the project and approached the Supreme Court.
• Tamil Nadu opposes any projects in the upper riparian region unless they receive approval from the
Supreme Court, ensuring water flow protection to Tamil Nadu.
{GS2 – Polity – Misc – 2023/07} Indian Red Cross Society (IRCS)
• Context (PIB): The President of India, Smt. Droupadi Murmu presided over the ceremonial session of
the Annual General Meeting of the Indian Red Cross Society (IRCS) at Rashtrapati Bhavan.
• Indian Red Cross Society is a voluntary humanitarian organisation.
• It is a member of the International Red Cross and Red Crescent Movement.
• It provides relief during disasters/emergencies and cares for vulnerable people and communities.
Evolution
• IRCS was established in 1920 under the Indian Red Cross Society Act.
187
• The act was last amended in 1992, and rules were formed in 1994.
Structure
• The President of India is the President, and the Union Health Minister is the Chairman of the Society.
• The National Managing Body is responsible for the supervision of the functions of IRCS committees.
• It consists of 18 members. The President nominates the Chairman and six members. The state and UT
branches elect the remaining 12 through an electoral college.
{GS2 – Polity – RPA – 2023/07} Allocation of Airtime
• Context (TH): The ECI has made the process of allotting airtime to political parties for campaigning
on Akashvani and Doordarshan entirely online.
• Till now, the political parties had to send their representatives to the commission’s offices to collect the
time vouchers during elections. Now, the parties will be issued digital time vouchers.
Section 39A of RPA: Allocation of airtime to political parties

• The scheme for allotment of time on public broadcasters during campaigning got a statutory basis
in 2003 under Section 39A of the RPA, 1951.
• It provides for the allocation of equitable sharing of time on the cable TV network/electronic media.
• The EC, based on the past performance of a recognised political party, allocates airtime time during
the election.
In India, the electoral exercise mainly rests on the following pillars

1. Article 324-329 of the IC
2. Representation of the People Act (RPA), 1950
3. Representation of the People Act (RPA), 1951
4. Delimitation Act, 2002
5. Conduct of election rules, 1961
6. Election symbol (Reservation and Allotment) Order, 1968
Representation of the People Act (RPA), 1951

• It contains the provisions related to:
✓ Notification of general elections.
✓ Conduct of elections and bye-elections.
✓ Qualifications and disqualifications for membership of Parliament and State legislature.
✓ Procedure for settling doubts and disputes arising out of elections.
✓ Barring the jurisdiction of civil courts.
✓ Registration of political parties.
✓ Curbing corrupt practices and other offences.
{GS2 – Polity – RPA – 2023/07} Disqualification of MP

188
• Context (TH): Gujarat HC declined to stay Rahul Gandhi's conviction in the criminal defamation case.
• Mr Rahul Gandhi was convicted and sentenced to two years imprisonment (maximum sentence for
criminal defamation) by a magisterial court over his ‘Modi surname’ remark.
• As a result of the two-year jail term, he has now become ineligible to remain a legislator, and the Lok
Sabha Secretariat has notified his disqualification (he is no longer an MP).
• Mr Gandhi, in surat session court, filed two applications, first for suspension of sentence, essentially an
application for regular bail, and the second for suspension of conviction.
• The surat session court granted bail and suspended the sentence till the disposal of the appeal. It,
however, dismissed his plea to stay his conviction.
• While his sentence has been suspended till the disposal of his appeal, only a stay on his conviction
could have restored his membership of the House.
• Mr Gandhi filed the appeal in the Gujarat HC. The Gujarat HC declined to grant any relief and said it
would give its final order when it reopens after the summer vacation.
Article 102 of the Indian Constitution: Disqualifications From Membership

• A person shall be disqualified for being chosen (elected) as, and for being, a member of either House
of Parliament:
1) If he holds any office of profit under the Government of India or the Government of any State,
other than an office declared by Parliament by law not to disqualify its holder.
2) If he is of unsound mind and stands so declared by a competent court.
3) If he is an undischarged insolvent (a person who cannot repay his debts, and as long as he remains
in that position, he is an undischarged insolvent).
4) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is
under any acknowledgement of allegiance or adherence to a foreign State.
5) If he is so disqualified by or under any law made by Parliament.
• A person shall be disqualified from being a member of either House of Parliament if he is so disqualified
under the Tenth Schedule (which talks about the anti-defection law).
Representation of the People Act, 1951 (RPA)

❖ Section 8(3) of the RPA calls for barring a person from contesting elections for 6 years in addition
to the period of conviction if he/she is convicted for 2 years or more under any offence.
189
❖ Section 8(4) of the RP Act (declared unconstitutional by SC in 2013) allowed convicted MPs, MLAs
and MLCs to continue in their posts, provided they appealed against their conviction/sentence in
higher courts within three months of the date of judgment by the trial court.
❖ Section 8(4) (declared unconstitutional by SC in 2013) creates two classes of convicts:
1. the common man who, on conviction, cannot contest elections for MPs and MLAs, and
2. sitting MPs and MLAs who would continue to be treated as not convicted despite being found
guilty of an offence by a court of law.
Lily Thomas v Union of India case, 2013

• In the Lily Thomas v Union of India (2013), SC said that a lawmaker stands immediately disqualified
on attracting a sentence of two years or more unless a higher court stays the conviction.
• The top court had struck down Section 8(4) of RPA as unconstitutional, which provided a three-
month window to file an appeal and continue as a lawmaker until the case is disposed of.
• Mr Rahul Gandhi was disqualified as an MP immediately after the conviction as Section 8(4) of RPA is
no longer valid.
Revocation of disqualification
• In January 2023, the Kavaratti district sessions court convicted and sentenced Lakshadweep MP Mo-
hammad Faizal to 10 years of rigorous imprisonment for attacking a Congress worker.
• On January 13, the Lok Sabha Secretariat notified Faizal's disqualification under Section 8(3) of RPA.
• Kerala HC suspended his conviction in March 2023, and the Lok Sabha secretariat immediately revoked
his disqualification.
• Similarly, if a higher court suspends Mr Gandhi’s conviction, he regains his MP membership.
Defamation
• Defamation is a wrong that deals with damage caused to a person’s reputation.
• In India, defamation can both be a civil wrong and a criminal offence.
Civil Wrong Criminal defamation
A civil wrong provides for a redressal of wrongs A criminal law seeks to punish a wrongdoer with a jail
with monetary compensation. term.
Damage can be awarded based on probabilities. Defamation has to be established beyond a reasonable
doubt.
Criminal defamation has been specifically defined Civil defamation is based on Tort Law (does not rely
as an offence under the Indian Penal Code (IPC). on statute to define wrongs but takes from case laws
to define what would constitute a wrong).
190
{GS2 – POSCO – 2023/07} Criminalising consensual relationships

• Context (TH I IE): The Madras HC has ruled that if it determines that criminal cases against minor
boys involved in consensual relationships or elopement with underage girls would negatively impact
the well-being and future of the children involved, then the cases will be quashed (dismissed).
 Writ jurisdiction of the High Court, under Article 226 of the IC (in conjunction with Section 482 of the
Code of Criminal Procedure), empowers the HC to quash an FIR to prevent the abuse of court pro-
cesses and ensure the attainment of justice.
Protection of Children from Sexual Offences Act

• POCSO Act is the first comprehensive law in India dealing specifically with sexual abuse of children. It
seeks to protect children from sexual assault, sexual harassment and pornography.
• The Act, for the first time, defines penetrative sexual assault, sexual assault, & sexual harassment.
• It also includes penalties for storing pornographic material and abetment of an offence.
• The Act defines certain actions as “aggravated penetrative sexual assault”. These include:
1. The cases when the offender is a police officer, armed forces member, or public servant.
2. The cases where the offender is a relative of the child.
3. If the assault injures the sexual organs of the child or the child becomes pregnant, etc.
• It criminalises all sexual activities for those under the age of 18, even if consent was factually pre-
sent between two minors.
• Each district shall designate a Sessions Court to be a Special Court. The state government shall es-
tablish it in consultation with the Chief Justice of the HC.
• A POSCO case must be disposed of within a year from the date the offence is reported.
• It empowers the National Commission for Protection of Child Rights and the State Commission for
Protection of Child Rights to monitor the implementation of the provisions of this Act.
• If a child has committed an offence under POSCO, it shall be dealt with under the Juvenile Justice
(Care and Protection of Children) Act, 2015.
POCSO (Amendment) Act, 2019

• The amendment has enhanced punishment under various sections of the Act, including the death pen-
alty for aggravated sexual assault on children.
• It defines child pornography and makes it punishable.
• The act added two more grounds to the definition of aggravated penetrative sexual assault:
1. Assault resulting in the death of the child.
2. Assault committed during a natural calamity.
POCSO and MTP

• A registered medical practitioner (RMP) is obliged under Section 19(1) of the POCSO Act to report to
191
the police when a minor approaches him/her for an abortion.

This mandatory reporting requirement forced girls to resort to unsafe abortions.
•
• SC’s 2022 judgment exempted RMPs from disclosing to the police the identity of minors who have
come in for an abortion, only on request of the minor and the guardian.
• This was done to enable minors to approach an RMP for abortion without fearing exposure.
POCSO Act and Consent

• Under the POCSO act, the consent of a child is immaterial.
• Consensual sexual intercourse with or among adolescents is treated on par with rape.
Demand for changing the age of consent

• With the enactment of POCSO, several young couples in consensual and non-exploitative relationships
have found themselves embroiled in the criminal justice system.
• Chief Justice of India (CJI) D.Y. Chandrachud appealed to the government to relook at the issue of the
age of consent under the POCSO Act.
• Madras High Court recommended that the age of consent be revised to sixteen.
United Nations Convention on the Rights of the Child (UNCRC)

• UNCRC is an international human rights treaty that sets out children's civil, political, economic,
social, health and cultural rights.
• The UN General Assembly adopted the treaty in 1989, and it came into force in 1990.
• India ratified the convention in 1992.
• The convention defines a child as any human being under 18 years unless the age of majority is
attained earlier under national legislation.
• The parties to the Convention must take measures to prevent children from being coerced into any
unlawful sexual activity.
National Commission for Protection of Child Rights (NCPCR)

• It is a statutory body established in 2007 under the Commission for Protection of Child Rights
Act, 2005.
• It is responsible for the protection and promotion of the rights of children, including monitoring
the implementation of child-specific laws, such as:
❖ Right to Education (RTE), 2009
❖ Protection of Children from Sexual Offences (POCSO), 2012
❖ Juvenile Justice Act, 2015
Composition
• It consists of Chairperson and six members appointed by the Central Government.
• Out of the six members, at least two should be women.
192
• The Chairperson is appointed on the recommendation of a 3-member selection committee chaired

by the minister-in-charge of the Ministry or the Department of Women and Child Development.
• The Chairperson holds office for a term of three years or 65 years, whichever is earlier.
• The members hold the office for a term of three years or 60 years, whichever is earlier.
• They are not eligible for appointments for more than two terms.
Concerns surrounding the criminalization of consensual relationships among minors

• According to a study, 25% of POCSO cases involve individuals in romantic relationships.
• The unintended consequence has been the criminal prosecution of young individuals.
• Additionally, the law is employed by parents of teenage girls to protect family honor.
• It has an adverse impact on the adolescents’ development, education, employment, self-esteem, so-
cial reputation, and family life.
• The law portrays adolescent girls as victims, leaving them without a voice, while adolescent boys are
automatically considered minors in conflict with the law and may even face adult trials.
• The broad criminalization of consensual sexual acts among adolescents demonstrates a significant dis-
regard for their sexual development, bodily autonomy, and personal integrity. It infringes upon
their rights to life, privacy, and dignity.
Arguments in support of decriminalization of consensual relationships between adolescents

➢ There are abnormally high acquittal rates of 93.8% in cases related to consensual relationships.
➢ In Vijayalakshmi vs State (2021), the Madras HC cited evidence that “adolescent romance is an im-
portant developmental marker for adolescents’ self-identity, functioning and capacity for intimacy”.
➢ The UN Committee on the Rights of the Child recommended that states should avoid criminalizing
adolescents of similar ages for factually consensual and non-exploitative sexual activity.
{GS2 – Poverty – 2023/07} National Multidimensional Poverty Index (MPI)
• Context (TH | TH): 415 million Indians came out of multidimensional poverty in 15 years, says UN.
• NITI Aayog index says 13.5 cr Indians lifted out of multidimensional poverty in last five years.
Global Multidimensional Poverty Index (MPI)
193
• Global MPI is a measure of multidimensional poverty covering 107 developing countries.
• It was first developed in 2010 by Oxford Poverty and Human Development Initiative (OPHI) and
United Nations Development Programme (UNDP) for UNDP’s Human Development Reports.
• Global MPI uses three dimensions and ten indicators.
• All indicators are equally weighted within each dimension.
• The MPI ranges from 0 to 1, and higher values imply higher poverty.
• Global MPI complements the international $2.15 a day poverty rate devised by World Bank.
• Human development indices by United Nations Development Programme (UNDP):
1. Human Development Index (HDI)
2. Inequality Adjusted HDI (IHDI)
3. Gender Development Index (GDI)
4. Gender Inequality Index (GII)
5. Multidimensional Poverty Index (MPI)
Data used for Global MPI

• For India, GMPI uses the National Family Health Survey (NFHS) data.
• NFHS is conducted under the aegis of Ministry of Health and Family Welfare (MoHFW) and Interna-
tional Institute for Population Sciences (IIPS).
Nodal agency in India

• NITI Aayog is the nodal agency responsible for monitoring mechanism of the Global MPI in India.
• As the Nodal agency for the MPI, NITI Aayog has constituted a Multidimensional Poverty Index Coor-
dination Committee (MPICC).
2023 Global Multidimensional Poverty Index (MPI)

• 1.1 billion out of 6.1 billion (~18%) live in acute multidimensional poverty across 110 countries.
• 25 countries, including India, successfully halved their global MPI values within 15 years.
Findings related to India

• Deprivation in all indicators declined in India.
• People who are multidimensionally poor and deprived under the nutrition indicator in India declined
from 44.3% in 2005-06 to 11.8% in 2019-21.
194
• A total of 415 million people moved out of poverty in India within 15 years (2005-06 to 2019-21).
National Multidimensional Poverty Index (National MPI)

• It is published by NITI Aayog using the methodology in consonance with the global methodology.
• Like the global MPI, India’s national MPI has three equally weighted dimensions – Health, Education,
and Standard of living – represented by twelve indicators.
• The national MPI model retains the ten indicators of the global MPI model.
• It also adds two indicators, viz., Maternal Health and Bank Accounts, in line with national priorities.
National MPI, 2023

• It is the second edition of the National MPI.
• It is prepared based on the latest National Family Heath Survey of 2019-21.
• It represents India’s progress in reducing multidimensional poverty between the two surveys, NFHS-4
(2015-16) and NFHS-5 (2019-21).
195
Highlights of the report
• Nearly 13.5 crore people came out of multidimensional poverty in five years.
• Uttar Pradesh registered the largest decline in the number of poor, with 3.43 crore people escaping
multidimensional poverty.
• India registered a steep decline in the number of multidimensionally poor from 24.85% to 14.96%
between 2015-16 and 2019-21.
• Between 2015-16 and 2019-21, the MPI value has nearly halved from 0.117 to 0.066 and the intensity
of poverty has reduced from 47% to 44%.
• India is on the path of achieving the SDG Target 1.2 (of reducing multidimensional poverty by at
least half) much ahead of the stipulated timeline of 2030.
196
197
Percentage of the total population who are multidimensionally poor

PMF IAS CA JULY 2023 198

Caspian Sea: Ural River

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Caspian Sea: Ural River

Uploaded by

Copyright:

Available Formats

• North Anatolian Fault, which runs beneath the sea, has caused massive earthquakes in the region.

Baltic States (Baltics, Baltic nations)

{GS2 – IR – Russia-Ukraine – 2023/07} Russia-Ukraine Crisis

2014: Euromaidan Movement

2022: Russia Invades Ukraine

Causes Behind the Deepening Crisis

Expansions Carried out by NATO

Russia's Strategic Disadvantage Due to Geography

Way Forward: Minsk Agreements

Ukraine administration in the mineral-rich Donbas region of Ukraine.

✓ An immediate and comprehensive ceasefire.

✓ Withdrawal of all heavy weapons by both sides.

Disrupted Ukrainian Exports

Disrupted Russian Exports

Black Sea Grain Initiative

{GS2 – IR – Russia-Ukraine – 2023/07} Some International Organisations in News

European Union (EU)

Quad or Quadrilateral Security Dialogue (QSD)

Eurasian Economic Union (EEU)

Organization for Security and Cooperation in Europe (OSCE)

Three Seas Initiative (3SI)

Bucharest Nine (Bucharest Format/B9)

Normady Format of Dialogue

{GS2 – IR – Russia-Ukraine – 2023/07} Strategic Regions/Infrastructure

Who is against Nord Stream 2?

{GS2 – IR – Treaties – 2023/07} Convention on Cluster Munitions

Convention on Cluster Munitions (Why are they banned?)

{GS2 – MoA – 2023/07} NAFED

National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED)

Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED)

{GS2 – MoC – 2023/07} Multi-State Cooperative Societies (MSCS)

Issues concerning the functioning of co-operatives

➢ Politicisation and the excessive role of the government.

➢ Lack of efforts for capital formation.

Multi-State Cooperative Societies (Amendment) Bill, 2023

Election of board members

Amalgamation of co-operative societies

Fund for sick cooperative societies

Restriction on redemption of government shareholding

{GS2 – MoCA – 2023/07} National Financial Reporting Authority (NFRA)

Functions and Duties

entities, the auditors of which come under the regulator’s ambit.

Serious Fraud Investigation Office (SFIO)

{GS2 – MoCF – 2023/07} PMBJP

ucts under Pradhan Mantri Bhartiya Janaushadhi Pariyojana (PMBJP).

Health Wellness Centre

Pradhan Mantri Jan Arogya Yojana (PM-JAY)

40% of the Indian population.

• The households included are based on the deprivation and occupa-

National Health Authority (NHA)

National Accreditation Board for Testing and Calibration Laboratories (NABL)

Pharma and Medical Bureau of India (PMBI)

tion and treatment of a disease.

{GS2 – MoCI – 2023/07} Government e-Marketplace (GeM)

{GS2 – MoDNER – 2023/07} PM-DevINE

North Eastern Council (NEC)

1. The Governors and the Chief Ministers of the eight-member States.

2. Chairman and three Members nominated by the President of India.

Ministry of Development of North Eastern Region (MoDNER)

North Eastern Region (NER)

• It accounts for 7.9% of the total geographical area of the country.

{GS2 – MoE – 2023/07} Education For All

All in Society (ULLAS) mobile application to promote basic literacy.