GS II Topic: Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
Setting up of Industry Driven SRTMI
Ministry of Steel is planning to set up an Industry driven institutional mechanism namely Steel Research & Technology Mission of India (SRTMI), to facilitate joint collaborative research projects in the iron & steel sector in India.
The salient features of SRTMI
- SRTMI is an industry driven initiative which will be setup as a Registered Society wherein Ministry of Steel is a facilitator.
- SRTMI will be governed and administered by a Governing Body comprising the steel CEOs, Domain Experts and a representative of Ministry of Steel.
- Initial corpus for setting up of SRTMI is Rs. 200 crore of which 50% is to be provided by Ministry of Steel and the balance by the participating steel companies.
- Thereafter, the centre will run on yearly contributions from the steel companies based on their turnover of the previous year.
GS II Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Honorable Supreme court refuses to lift ban on jallikattu
The Supreme Court has dismissed a plea filed by Tamil Nadu to review a 2014 apex court judgment banning Jallikattu.
- The apex court questioned the need to “tame” a domestic animal like the bull and further held that Jallikattu has nothing to do with exercise of the fundamental right of religious freedom
- The event had nothing to do with the exercise of the fundamental right of religious freedom and runs counter to the concept of welfare of the animal, which is the basic foundation of the Prevention of Cruelty to Animals Act of 1960.
Tamil Nadu’s argument:
The State has countered that the event was defined as an act of “taming” of bulls under the Tamil Nadu Regulation of Jallikattu Act of 2009 and did not amount to cruelty.
About the issue
Tamil Nadu has been arguing that Jallikattu – the mostly southern bull-racing sport – should be permitted as it showcases a cultural tradition that has been part of the custom and culture of people of the state for 5,000 years.
- The ban was imposed by SC as it violated provisions of The Prevention of Cruelty to Animals Act, 1960; fundamental duty Article 51A (g): compassion towards animal; Article 21 (Right to Life), which prohibits any disturbance to the environment, including animals as it is considered essential for human life.
- However, in January 2016, the Union Government through notification lifted this ban and allowed use of bulls for Jallikattu events or bullock-cart races in Tamil Nadu and Maharashtra. But, the apex court put on hold of the Union Government’s notification.
About Jallikattu:
- Jallikattu is a bull taming sport played in Tamil Nadu as a part of Pongal celebrations on Mattu Pongal day. It is a Tamil tradition called ‘Yeru thazhuvatha’ in Sangam literature(meaning, to embrace bulls), popular amongst warriors during the Tamil classical period.
- Jallikattu is based on the concept of “flight or fight”. All castes participate in the event. The majority of jallikattu bulls belong to the pulikulam breed of cattle.
GS II Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Soon, search engines to blank sex selection ads
The Supreme Court has directed the Central government to constitute a nodal agency to monitor and trigger search engines to crack down on online pre-natal sex determination advertisements.
- The court has ordered that the nodal agency should receive complaints about illegal online advertisements under the Pre-Conception and Pre-Natal Diagnostic Techniques Act of 1994.
- It should communicate the tip-offs to online search engines like Google, Yahoo and Microsoft, which would delete these advertisements within 36 hours of getting the information.
- This interim arrangement would continue till it took a final decision on the continued existence of online sex selection ads.
About the issue :
The court was hearing a petition filed in 2008 in the background of increasing instances of female foeticide. The petition contended that pre-natal sex determination tests continue with impunity despite being made illegal in 1994.
PCPNDT law prohibits pre-natal sex determination. The PCPNDT Act was brought in to stop female foeticide and arrest the declining sex ratio in India. Under this Act, gender selection is prohibited.
About PCPNDT Act:
The Pre-conception & Pre-natal Diagnostics Techniques (PC & PNDT) Act, 1994 was enacted in response to the decline in Sex ratio in India, which deteriorated from 972 in 1901 to 927 in 1991.
- Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act (PCPNDT Act) to improve the regulation of the technology used in sex selection
- In 1988, the State of Maharashtra became the first in the country to ban pre-natal sex determination through enacting the Maharashtra Regulation of Pre-natal Diagnostic Techniques Act.
- The main purpose of enacting the act is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic technique for sex selective abortion.
- Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus.
Key features :
- The Act provides for the prohibition of sex selection, before or after conception.
- It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect few cases.
- No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
- No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
- Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound, smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000.
- The Act mandates compulsory registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics.
Not a pipe dream: Govt to set up national gas hub
The government is planning to come up with a national gas hub, which would be a trading platform for gas at market-determined price.
- A gas hub is a physical point where several gas pipelines come together or intersect.
- The ministry of petroleum and natural gas is working towards setting up a common gas hub after the government introduced a new gas pricing formula in 2014. This gas price is applicable for six months wherein the average prices of US-based Henry Hub, the UK-based National Balancing Point, Canada’s Alberta Gas and Russian gas gets reflected.
- A gas hub works exactly like a stock exchange does. There are buyers and sellers, and prices are determined by market forces. Gas is thus freely traded.
Significance :
- If the idea gets cleared, India will also have a gas-trading place similar to international hubs .
- This is a huge positive for upstream companies in India as prices will be market-driven. Moreover, it seems like the domestic natural gas pricing will be uniform with the move.
Present scenario:
At present, the Indian domestic natural gas price is calculated on a half-yearly basis, based on a weighted average of Henry Hub, National Balancing Point, Russian gas and Canada’s Alberta Gas.
UD Ministry begins approval of long term investment plans
Seeking to ensure timely implementation of basic urban infrastructure projects and achieve mission targets by 2019-20, the Ministry of Urban Development, in a paradigm shift has begun approving investments in water supply, sewerage networks etc., for the next three financial years under Atal Mission for Rejuvenation and Urban Transformation (AMRUT).
About AMRUT:
AMRUT is the new avatar of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). It adopts a project approach to ensure basic infrastructure services relating to water supply, sewerage, storm-water drains, transportation and development of green spaces and parks with special provision for meeting the needs of children.
- Under this mission, 10% of the budget allocation will be given to states and union territories as incentive based on the achievement of reforms during the previous year.
- AMRUT will be implemented in 500 locations with a population of one lakh and above. It would cover some cities situated on stems of main rivers, a few state capitals and important cities located in hilly areas, islands and tourist areas.
- Under this mission, states get the flexibility of designing schemes based on the needs of identified cities and in their execution and monitoring. States will only submit state annual action Plans to the centre for broad concurrence based on which funds will be released. But, in a significant departure from JNNURM, the central government will not appraise individual projects.
- Central assistance will be to the extent of 50% of project cost for cities and towns with a population of up to 10 lakhs and one-third of the project cost for those with a population of above 10 lakhs.
- Under the mission, states will transfer funds to urban local bodies within 7 days of transfer by central government and no diversion of funds to be made failing which penal interest would be charged besides taking other adverse action by the centre.
GS II Topic: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources, issues relating to poverty and hunger.
International Research Conference on Brucellosis in New Delhi
- On the sidelines, the centre also launched programme of “Brucella Free Villages” for implementation on pilot scale in 50 villages covering 10 states.
- This programme will be supported by guidelines and standard operating practices along with an IT enabled application.
Key facts:
- Organized by the Department of Biotechnology in collaboration with Indian Council for Agriculture Research.
- The conference is result of DBT’s network programme on Brucellosis launched in 2012 to address this epidemiology and for development of new generation of vaccines and diagnostic kits.
- The Conference provides a technical platform for scientist and experts from all over the world.
- The three days deliberations would address various issues on Brucellosis covering broad and interdisciplinary field of “One Health” concept revolving around Brucella Pathogenesis & Host-pathogen interaction; Human Brucellosis; Epidemiology and Control; Brucella research in India; Canine and Wildlife Brucellosis; Diagnostic methods; and Vaccines & Immunology.
Brucellosis:
Brucellosis is a dreadful disease caused by the genus of the bacteria known as Brucella infecting cows, buffalos, sheep, goats, deer, pigs, dogs and other animals as well as humans. The disease causes economic losses of about Rs. 28000.00 Crores. Brucellosis is endemic in India.
GS II Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
India and UK Sign three Bilateral Advance Pricing Agreements
The Central Board of Direct Taxes (CBDT) has signed three Bilateral Advance Pricing Agreements (APAs) with the Competent Authority of United Kingdom (UK) to reduce tax litigationtaking the total number of APAs signed [both- bilateral and unilateral] so far to 111.
- The Competent Authorities of India and UK had earlier exchanged mutual agreements amongst them under the Mutual Agreement Procedure (MAP) Article of the India-UK Double Taxation Avoidance Convention (DTAC).
- The newly signed Agreements cover international transactions in the nature of payment of intra-group service charges and pertain to the telecom industry. They also have a roll-back provision.
What is Advance Pricing Agreement (APA) Programme?
- The Advance Pricing Agreement (APA) Programme was introduced by the Finance Act, 2012 with a view to provide a predictable and non-adversarial tax regime and to reduce the litigation in the Indian transfer pricing arena.
- An APA is usually signed between taxpayer and central tax authority on an appropriating transfer pricing methodology for determining the value of assets and taxes on intra-group overseas transactions. An APA can be entered into for a maximum of 5 years at a time.
- Rollback of APAs was announced in the Budget in July 2014 to provide certainty on the pricing of international transactions for 4 prior years (rollback years) preceding the first year from which APA is to be applicable.
Revised DTAA Agreement signed between India and Cyprus
A revised Agreement between India and Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal evasion (DTAA) with respect to taxes on income, along with its Protocol, was recently signed in Nicosia. The agreement will replace the existing DTAA that was signed by two countries in June 1994.
Provisions of the revised DTAA:
- New DTAA provides for source based taxation of capital gains arising from alienation of shares, instead of residence based taxation provided under the existing DTAA. However, a grandfathering clause has been provided for investments made prior to 1st April, 2017, in respect of which capital gains would continue to be taxed in the country of which taxpayer is a resident.
- The new Agreement provides for Assistance between the two countries for collection of taxes.
- updates the provisions related to Exchange of Information to accepted international standards, which will enable exchange of banking information and allow the use of such information for purposes other than taxation with the prior approval of the Competent Authorities of the country providing the information.
- It expands the scope of ‘permanent establishment’ and reduces the tax rate on royalty in the country from which payments are made to 10% from the existing rate of 15%, in line with the tax rate under Indian tax laws.
- Updates the text of other provisions in accordance with the international standards and consistent policy of India in respect of tax treaties.
GS III Topic: Science and Technology- developments and their applications and effects in everyday life Achievements of Indians in science & technology; indigenization of technology and developing new technology.
India’s combat-capable Rustom-II drone successfully completes maiden test flight
India’s indigenously developed long-endurance combat-capable drone, Rustom-II (TAPAS 201) successfully completed its maiden-flight. The test flight took place from Aeronautical Test Range (ATR), Chitradurga, Karnataka, which is a newly developed flight test range for the testing of UAVs and manned aircraft.
About RUSTOM–II
- RUSTOM–II is a Medium Altitude Long Endurance (MALE) UAV. It has been designed and developed by Aeronautical Development Establishment (ADE), the Bangalore-based lab of DRDO. It has an endurance of 24 hours.
- It is multi-mission UAV which can conduct Intelligence, surveillance and reconnaissance missions for the armed forces. It can also be used as an unmanned armed combat.
- It is capable to carry different combinations of payloads like Medium Range Electro Optic (MREO), Synthetic Aperture Radar (SAR) and Long Range Electro Optic (LREO).
- It can also carry Electronic Intelligence (ELINT), Communication Intelligence (COMINT) and Situational Awareness Payloads (SAP) to perform missions during day and night.
Scientists produce faster-growing crops by improving photosynthesis
- The scientists had used genetic modification technology to improve photosynthesis in the plants. Crop plants can channel this increased amount of sunlight energy into food production.
- Significance
- The breakthrough has increased the yield in the experimental crop by 15 per cent.
- What is Photosynthesis?
- Photosynthesis is a chemical process through which plants produce glucose and oxygen from carbon dioxide and water, in presence of the light as a source of energy. Some bacteria and algae also produce their own food using photosynthesis. The photosynthesis process is extremely important for plants to carry out essential growth and other life processes. It is also important for life on earth as it provides the oxygen that all other life depends on.
How research was conducted?
- Scientists had targeted plant’s natural Sun-protection mechanism. This mechanism evolved in plants along with its ability to produce food using sunlight energy. The Sun-protection mechanism evolved in plants to protect them from Sun damage by slowing down the photosynthesis by losing the excess heat. Scientists inserted extra copies of the genes responsible for this heat-loss switch in the plants to remove inefficiencies in crops resulting in loss of the excess heat. This gene stopped heat-loss switch and stopped the heat loss and used excess heat for enhancing photosynthesis.
Navy inducts four indigenously developed sonars systems
Navy has formally inducted four types of indigenously developed sonars that will boost its underwater surveillance capability.
- The systems have been designed and developed by NPOL, a Kochi based laboratory of DRDO.
- With the induction of these four systems, the underwater surveillance capability of the Indian Navy will get a boost, besides providing a fillip to the quest for self-reliance in this critical area of technology.
The newly inducted systems include:
- ABHAY – COMPACT HULL MOUNTED SONAR FOR SHALLOW WATER CRAFTS- Abhay is an advanced active-cum-passive integrated sonar system designed and developed for the smaller platforms such as shallow water crafts and coastal surveillance/patrol vessels. It is capable of detecting, localizing, classifying and tracking sub-surface and surface targets in both its active and passive modes of operation. Indian Navy has proposed to induct this SONAR on three of the Abhay class ships.
- HUMSA UG – UPGRADE FOR THE HUMSA SONAR SYSTEM- Humsa -UG is designed for upgrading the existing Humsa sonar system.
- AIDSS – ADVANCED INDIGENOUS DISTRESS SONAR SYSTEM FOR SUBMARINES -AIDSS is an Emergency Sound Signaling Device which is used to indicate that a submarine is in distress and enable quick rescue and salvage. It is a life-saving alarm system designed to transmit sonar signals of a pre-designated frequency and pulse shape in an emergency situation from a submarine for long period, so as to attract the attention of passive sonars of ships or submarines in the vicinity and all types of standard rescue vessels in operation. It is also provided with a transponder capability.
- NACS – NEAR-FIELD ACOUSTIC CHARACTERISATION SYSTEM- It determines the in-situ performance of the SONAR systems, which are used to find the frequency-dependent 3-D transmission and reception characteristics of the SONAR. It is also used to measure the magnitude and phase characteristics of the SONAR transmission and reception electronics and the transducers.
GS II Topic: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.
Bhutan blocks India’s ambitious sub-regional road connectivity plan
An ambitious road connectivity plan involving Bangladesh, Bhutan, India and Nepal (BBIN) has hit a roadblock with the upper house of Bhutan parliament deciding against ratifying the motor vehicle pact.
- The BBIN agreement – signed in Bhutan’s capital Thimpu in July – will become operational only when all the four countries ratify it. India, Bangladesh and Nepal have already ratified the pact.
- This is the second time that the Indian government’s sub-regional road connectivity plan has hit a hurdle. Earlier, Pakistan scuppered the Saarc motor vehicle agreement by refusing to come on board. So India shifted its focus to eastern neighbours.
Why?
A large cross-section of people in Bhutan, including lawmakers, have expressed concerns over the environmental impact of allowing large number of vehicles enter the country after it ratifies the pact.
About the agreement:
The Union Cabinet had approved a proposal to sign the SAARC MVA during the SAARC Summit in Kathmandu in November 2014. The SAARC declaration at the Kathmandu Summit in November 2014 also encouraged Member States to initiate regional and sub-regional measures to enhance connectivity.
- Accordingly, it was considered appropriate that a sub-regional Motor Vehicle Agreement among Bangladesh, Bhutan, India and Nepal (BBIN) may be pursued.
- The pact will allow seamless movement of passenger and cargo vehicles among the four countries.
- Under the agreement, the “contracting parties” will allow cargo vehicles for inter-country cargo, including third country cargo and passenger vehicles or personal vehicles, to ply in the territory of another country “subject to the terms of the agreement”. All vehicles, however, will require a permit for plying through the other country.
Russia withdraws from International Criminal Court
An executive order signed by President Vladimir Putin mentioned that Russia is pulling out of the 2002 Rome Statute, which establishes the ICC’s status and powers. However, Russia had never ratified the statue meaning it was never member subject to its jurisdiction.
Why ?
- Russia was against by ICC’s declaration that Russia’s 2014 annexation of Ukraine’s Crimea peninsula was an armed conflict.
- Russia is also under international pressure over its campaign of air strikes in Syria over the issue of bombing civilians and civilian targets. Russia has denied those allegations.
- Besides, ICC is also examining allegations of war crimes committed by Russian and Georgian forces during a brief 2008 war.
About International Criminal Court (ICC)
- ICC based in The Hague, Netherlands is an intergovernmental organization and international tribuna It was established by the Rome Statute which was adopted in July 1998 end entered into force in July 2002.
- ICC is seen as a successor to Nuremburg trials after World War II and ad-hoc UN war crimes tribunals for the former Yugoslavia and Rwanda. Currently, there are 124 states which are party to Rome Statute and therefore members of the ICC (India and China are not its members).
- It has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity and war crimes.
GS II Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
National Student Startup Policy
President Pranab Mukherjee launched the National Student Startup Policy (NSSP) to promote technology-driven student start-ups. It was launched during the second Visitor’s Conference held at Rashtrapati Bhavan, New Delhi.
- The NSSP has been formulated by the All India Council for Technical Education (AICTE).
Aims
- To create 1 lakh technology based student start-ups and a million employment opportunities within the next 10 years.
- To propel Indian youth to contribute to the nation’s socio-economic progress through promotion of technology-driven student start-ups.
- To develop an ideal entrepreneurial ecosystem by lending crucial soft skills like decision-making in the students.
- To promote strong inter-institutional partnerships among technical institutions.
Second Visitor’s Conference:
It is a conference of Vice Chancellors/Directors/Director Generals of Institutions of higher learning for which the President is a visitor. This is the second time President has convened such a conference which has brought together all heads of higher education institutions in one forum. Earlier, separate conferences were held for Vice Chancellors of Central Universities, Directors of IITs, IISERs, NITs and IISC.
Important Facts for Prelims
Doctors from Netherlands perform brain implant for the first time in history
Doctors from Netherlands have performed the first-ever brain implant on a 58-year-old woman paralysed by Lou Gehrig’s disease (also known as amyotrophic lateral sclerosis-ALS). With this, she became the first patient to use a brain-computer interface.
- The implant has enabled paralysed women to communicate in day-to-day life via a speech computer.
What is the case?
Prior to this implant, the ALS disease had caused nerve degeneration in the women and she was left completely locked-in. Her motor neurons had deteriorated to the point where she could only control her eye muscles.
First-ever brain implant
Doctors in first-ever brain implant directly installed a device called an electrocorticograph (ECoG) on the women’s brain. The device has electrodes fitted in the brain. Using these electrodes in brain, the patient can control the computer using brain signals, spell out messages at two letters per minute.
Iran becomes India’s top crude oil supplier
Iran for the first time ever has surpassed Saudi Arabia to become India’s top crude oil supplier. It was revealed by ship tracking data and a report compiled by Thomson Reuters Oil Research and Forecasts. Earlier, Iran used to be India’s second-biggest oil supplier after Saudi Arabia till 2010-11. However, it had ceded its position to Iraq after the tougher western countries sanctions imposed on Iran over its nuclear development programme.
Fastest supercomputer:
- For the eighth consecutive year, China has retained the top spot in the list of the world’s fastest supercomputers for its ‘Sunway TaihuLight’ which can perform 93 million billion calculations per second.
- This was announced in the latest edition of the semiannual Top 500 list of supercomputers released recently.
- TaihuLight made its appearance in June, replacing the former champion, Tianhe-2, also a Chinese system but built based on Intel chips.
Quami Ekta Week:
- With a view to foster and reinforce the spirit of Communal Harmony, National Integration and pride in vibrant, composite culture and nationhood, the “Qaumi Ekta Week” (National Integration Week) is being observed all over the country for one week.
- The observation of the ‘Quami Ekta Week’ will help to highlight the inherent strength and resilience of our nation to withstand actual and potential threats to the eclectic and secular fabric of our country, and nurture a spirit of communal harmony in its widest sense.
- This occasion also provides an opportunity to reaffirm age old traditions and faith in the values of tolerance, co-existence and brotherhood in a multi-cultural and multi-religious society.
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Recent Posts
- Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
- LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.
- The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
- Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
- Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
- The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
- REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
- It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
- The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
- Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
- Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.
- Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
- Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
- It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
- It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
- The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.
- Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
- With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
- Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.
- providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
- all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
- the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
- Such provinces were to be free to enter separate constitutional arrangements.
- there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
- all residuary powers would belong to the Provinces and the States;
- the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
- the provinces would be free to form Groups with executives and legislatures;
- and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.
Context:-
At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]What is LEAF Coalition?
Why LEAF Coalition?
Brazil & India
According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.
Tribes, Forests and Government
Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.
Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.
For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.
To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.
Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.
There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;
Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.
Way Forward
Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:
“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”
Perhaps India can begin by taking the first step.
INTRODUCTION:-
The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.
It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.
EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935
The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.
It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.
It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.
Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.
The Government of India Act, 1935, and Other Acts
With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.
First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.
Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.
He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.
At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.
The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.
The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.
Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.
The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.
The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.
Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.
The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.
He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.
He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.
Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.
However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.
And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.
The Nehru Report(1928): First Indian Initiative to Draft Constitution
As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.
The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.
The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.
The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.
It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.
Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.
FORMATION OF THE CONSTITUENT ASSEMBLY
The Cripps Mission
Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.
In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.
The draft proposals of the Cripps Mission recommended the following:
Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.
The Cabinet Mission
The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.
The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.
The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.
The Cabinet delegation made the following recommendations:
Election to the Constituent Assembly
Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.
However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.
The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.
As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.
NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION
It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.
According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.
The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.
Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.
There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).
In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.
Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.
The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.
The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.
The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.
Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.
Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.
Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.
Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.
The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.
Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”
Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.
THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949
The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.
As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.
The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:
(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;
(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;
(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;
(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;
(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.
After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.
A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.
It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.
It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.
SALIENT FEATURES OF THE CONSTITUION
The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.
The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.
The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.
Universal Adult Suffrage and Abolition of the Separate Electorate
After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.
One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.
Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.
In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.
The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.
The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.
In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.
According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.
CONCLUSION
The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.
These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.
Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.
The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.
It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.
The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.