Zero Carbon Act
Zero Carbon Act or Climate Change Response (Zero-Carbon) Amendment Act New Zealand has passed a law that aims to make the country almost carbon neutral by 2050. According to the New Zealand government, this is the first legislation in the world to make a legally binding commitment to living within 1.5 degrees Celsius of global warming. Its capacity to generate electricity from renewable resources is at 80 per cent, and it is working towards phasing out the use of offshore oil and gas. The government is working towards investing over $14.5 billion to better it’s public transport system and walking and cycling infrastructure over the next 10 years. The idea for the bill was first proposed by the youth-led climate organisation Generation Zero, who proposed and popularised the Bill before the 2017 New Zealand general elections. The Two basket Approach : The Act will set separate targets and pathways for long-lived greenhouse gases (mainly carbon dioxide and nitrous oxide) and short-lived greenhouse gases (mainly methane). Long-lived gases must go to net-zero by 2050 or sooner (accounting for carbon sinks). Short-lived gases must be significantly reduced to sustainable levels, but not zero. The Firewall Principle : The targets in the Act will apply to New Zealand’s domestic emissions only. This will create a ‘firewall’ between domestic action and international carbon trading, to ensure our own zero carbon transition is on track. UPSC Prelims Mock Test Check Now Climate change Legislation around the world According to Carbon Brief, there has been a 20-fold increase in the number of global climate change laws since 1997, when the Kyoto Protocol was signed. Globally, there are over 1500 laws on climate change, over 100 of which were introduced after the introduction of the Paris Agreement and over 28 of them explicitly reference the agreement. Prelims cum Mains Batch 2022 Join Enroll today with the best civils service academy and take your first step towards yours Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. JOIN NOW
Strategic disinvestment
What is Strategic disinvestment? Simply, strategic disinvestment is transferring the ownership and control of a public sector entity to some other entity (mostly to a private sector entity). Unlike the simple disinvestment, strategic sale implies some sort of privatisation. The disinvestment commission defines strategic sale: “Strategic disinvestment would imply the sale of a substantial portion of the Government shareholding of a central public sector enterprise (CPSE) of up to 50%, or such higher percentage as the competent authority may determine, along with transfer of management control.” Disinvestment policy in India- salient features of the Policy Public Sector Undertakings are the wealth of the Nation and to ensure this wealth rests in the hands of the people, promote public ownership of CPSEs While pursuing disinvestment through minority stake sale in listed CPSEs, the Government will retain majority shareholding, i.e. at least 51 per cent of the shareholding and management control of the Public Sector Undertakings Strategic disinvestment by way of sale of a substantial portion of government shareholding in identified CPSEs up to 50 per cent or more, along with transfer of management control. Department of Investment and Public Asset Management The Department of Disinvestment was one of the Departments under the Ministry of Finance. It was renamed as Department of Investment and Public Asset Management (DIPAM) from 14th April 2016. DIPAM has been made the nodal agency for disinvestment. DIPAM and NITI Aayog will now jointly identify PSUs for strategic disinvestment. Advantages of strategic disinvestment Improving the structure of incentives and accountability of PSUs in India. Financing the increasing fiscal deficit. Financing large-scale infrastructure development, defence, education, healthcare etc. For investing in the economy to encourage spending. Brings about greater efficiencies for the economy and markets as a whole. Bring relief to consumers by way of more choices and better quality of products and services, e.g. Telecom sector. For retiring Government debt- since a big part of Centre’s revenue receipts go towards repaying public debt/interest. To encourage wider share of ownership in an enterprise, and reduce monopoly like enterprises. To depoliticize non-essential services and move out of non-core businesses, especially ones where the private sector has now entered in a significant way. It also sends a positive single to the market and can boost economic activity. Read Now Electoral Reforms in india Concerns Process of disinvestment is not favoured socially as it is against the interest of socially disadvantageous people. Political pressure from left and opposition. It is argued that the government is selling profit-making enterprises and is weakening the public sector. Job security and the welfare of workers will be another issue. Loss-making units don’t attract investment so easily. Over the years, the policy of divestment has increasingly become a tool to raise resources to cover the fiscal deficit with little focus on market discipline or strategic objective. Sometimes the emergence of private monopolies, consumer welfare will be reduced. It is argued that mere change of ownership, from the public to private, does not ensure higher efficiency and productivity. It may lead to retrenchment of workers who will be deprived of the means of their livelihood. The private sector, governed as they are by the profit motive, has a tendency to use capital-intensive techniques which will worsen the unemployment problem in India. Fiscal 2016-17 is the seventh year in a row where the government is not meeting the disinvestment target fixed in the Budget. Way Forward Define the priority sectors for the government based on its strategic interests. Investment in PSUs has to be in terms of the generation of adequate social and strategic returns. The government ownership is required for sectors with strategic relevance such as defence, natural resources, etc. and the government should, exit from the non-strategic sectors such as hotels, soaps, airlines, travel agencies, etc. The government should look into strengthening the regulatory framework that ensures efficient market conditions. Instead of creating PSUs, the government should create regulations that would ease the entry of new players. The regulations should also ensure that the basic necessities of the consumers are met. Allowing both domestic and foreign buyers to bid freely for stakes. Enroll today with the best civils service academy and take your first step towards yours Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. JOIN NOW
Critical Information Infrastructure (CII)
Critical Information Infrastructure (CII) Critical Information Infrastructure (CII) is defined as those facilities, systems or functions whose incapacity or destruction would cause a debilitating impact on national security, governance, economy and social well-being of a nation. National Critical Information Infrastructure Protection Centre (NCIIPC) National Critical Information Infrastructure Protection Centre (NCIIPC) is an organisation of the Government of India created under Sec 70A of the Information Technology Act, 2000 (amended 2008). It is designated as the National Nodal Agency in respect of CII Protection. NCIIPC has broadly identified the following as ‘Critical Sectors’– Power & Energy Banking, Financial Services & Insurance Telecom Transport Government Strategic & Public Enterprises Functions and Duties The national nodal agency for all measures to protect the nation’s CII. Protect and deliver advice that aims to reduce the vulnerabilities of CII, against cyber terrorism, cyber warfare and other threats. Identification of all critical information infrastructure Provide strategic leadership and coherence across Government to respond to cybersecurity threats. Coordinate, share, monitor, collect, analyze and forecast, a national-level threat to CII for policy guidance, expertise sharing and situational awareness for early warning or alerts. The basic responsibility for protecting CII system shall lie with the agency running that CII. Assisting in the development of appropriate plans, adoption of standards, sharing of best practices and refinement of procurement processes in respect of the protection. Evolving protection strategies, policies, vulnerability assessment and auditing methodologies and plans for their dissemination and implementation for the protection of CII. Undertaking research and development and allied activities. Read Also Nagaland Peace Accord Providing funding (including grants-in-aid) for creating, collaborating and development of innovative future technology. Developing or organising training and awareness programs as also nurturing and development of audit and certification agencies Developing and executing national and international cooperation strategies for protection of CII. Issuing guidelines, advisories and vulnerability or audit notes etc. relating to the protection of CII and practices, procedures, prevention and response in consultation with the stakeholders, in close coordination with Indian Computer Emergency Response Team and other organisations working in the field or related fields. Exchanging cyber incidents and other information relating to attacks and vulnerabilities with the Indian Computer Emergency Response Team and other concerned organisations in the field. In the event of any threat to critical information infrastructure, the National CII Protection Centre may call for information and give directions to the critical sectors or persons serving or having a critical impact on Critical Information Infrastructure. Enroll today with the best civils service academy and take your first step towards yours Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. JOIN NOW
Landslide in India and NDMA guidelines
Landslide in India and NDMA guidelines India has the highest mountain chain on earth, the Himalayas, which are formed due to collision of Indian and Eurasian plate, the northward movement of the Indian plate towards China causes continuous stress on the rocks rendering them friable, weak and prone to landslides and earthquakes. The slow-motion of the Indian crust, about 5 cm/year accumulates stress to which natural disasters are attributed. Some landslides make unique and unparalleled catastrophes. Landslides and avalanches are among the major hydro-geological hazards that affect large parts of India besides the Himalayas, the Northeastern hill ranges, the Western Ghats, the Nilgiris, the Eastern Ghats and the Vindhyans, in that order, covering about 15 % of the landmass The Himalayas alone count for landslides of every fame, name and description- big and small, quick and creeping, ancient and new. The Northeastern region is badly affected by landslide problems of a bewildering variety. Landslides in the Darjeeling district of West Bengal as also those in Sikkim, Mizoram, Tripura, Meghalaya, Assam, Nagaland and Arunachal Pradesh pose chronic problems, causing recurring economic losses worth billions of rupees. A different variety of landslides, characterized by a lateritic cap, pose a constant threat to the Western Ghats in the South, along the steep slopes overlooking the Konkan coast besides Nilgiris, which is highly landslide-prone. Concerns Frequency of damaging landslides Loss assessment. Mitigation methods used. A number of buildings being built on land at risk. Land subject to landslide activity being set aside/purchased. The awareness level of the community. Challenges Technical/Scientific: Integrating landslide concerns in the development of disaster management plans at different levels i.e., national, state, district, municipal/panchayat. Financial Issues: Criteria for disbursement of funds for servicing different areas of landslide mitigation. Legal Issues: I) Techno-legal regime for the introduction of sound slope protection, planned urbanization, regulated land use and environment-friendly land management practices. ii) Zero tolerance against deliberate environmental violence and unhealthy construction practices. How landslide mitigation can be done? By restricting or even removing the population from landslides prone areas. By restricting certain types of land use where slopes are vulnerable. By installing early warning systems based on the monitoring of ground conditions such as strain in rocks and soils, slope displacement, and groundwater levels. NDMA guidelines on Landslides and Snow Avalanches The main objectives of the NDMA guidelines are to institutionalize the landslide hazard mitigation efforts, to make society aware of the various aspects of landslide hazard in the country and to prepare the society to take suitable action to reduce both risks and costs associated with this hazard. The recommendations include: Continuously updating the inventory of landslide incidences affecting the country. Landslide hazard zonation mapping in macro and meso scales after consultation with the Border Road Organization, State government and local communities. Pilot projects to be taken up in different regions of the country to carry out detailed studies and monitoring of selected landslides to assess their stability status and estimate risk. Setting pace setter examples for stabilisation of slides and also setting up early warning systems depending on the risk evaluation and cost-benefit ratio. v) Complete site-specific studies of major landslides and plan treatment measures and encourage state governments to continue these measures. Setting up of institutional mechanisms for generating awareness and preparedness about landslide hazard among various stakeholders. Enhancing landslide education, training of professionals and capacity development of organisations working in the field of landslide management. Capacity development and training to make the response regime more effective. Development of new codes and guidelines on landslide studies and revision of existing ones. Establishment of an autonomous national centre for landslide research, studies and management. Vulnerability to landslides can be evaluated only if we know the exposure to landslide hazard and our preparedness to face that hazard. Vulnerability will be close to nil in the case of well managed and protected slopes. Read Also Agricultural credit in India Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
GS-2 Strategy by UPSC Topper Ravishankar Sharma IFoS Rank 37 Study Note
GS-2 Strategy UPSC Topper Ravishankar Sharma IFoS Rank 37 Study Note Constitution Indian Constitution: Historical Underpinnings, Basic Structure and Evolution: The questions coming in this section are largely case-based. It can be historical or current affairs What was held in the Coelho case? In this context can you see that judicial review is a key feature of the Indian Constitution Examine the scope of fundamental rights in the light of the latest judgement of the Supreme Court in the Right to Privacy case Features and Provisions of the Constitution of India: The questions are broadly based on challenges faced in the meaningful realisation of the features of the constitution in contemporary society. The question would expect you to discuss the applicability of the constitution at the grass-root level. It can also be a straightforward conceptual question as the second one here. Thus, the features of the constitution through the Preamble, Fundamental Rights and DPSP are very relevant. Conflict between DPSP and FR Discuss the possible factors that inhibit India from enacting a Uniform Civil Code for its citizens as provided in the DPSP of the Constitution Discuss each adjective to the word ‘Republic’ in the Preamble What do you understand by the concept of ‘freedom of speech and expression’? Does it cover hate speech also? Why do films stand on a different plane as compared to other forms of expression? Discuss Amendments to the Constitution: Not many questions have been asked with respect to amendments. Questions can be expected to analyse the fairness of the amendment and features affected- fundamental rights, federal framework, independence of judiciary etc. Discuss section 66A of the IT Act with reference to alleged violation of Article 19 of the Indian Constitution Discuss salient features of Constitution (One Hundred and First Amendment Act). Do you think it is efficacious to remove cascading effect of taxes and provide for a common market for goods and services. Comparison of Constitution with other countries: Open topic. No question so far. Try to analytically think what we have got from where. Polity Federalism and Local Governance Functions and Responsibilities of Union and States: Questions come with a background to know the bifurcation of powers between Centre and States. Special instances like Kashmir and Delhi have found mention Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? Issues Pertaining to Federal Structure: One of the most favourite topic and hotbed of questions of UPSC. Question can talk about the nature of federalism – cooperative and competitive- their advantages need a mention. Contemporary examples are mandatory. The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings It can also talk about the nature of federalism mentioned in the constitution- quasi-federal or federal with unitary bias. It may talk about the need for further decentralization in contemporary times. It may also ask to analyse the constitution federalism in contemporary times. Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. Inter-state issues also find mention in questions. Thus constitutional institutions to resolve the same can also be asked- inter-state council, zonal councils etc. Constitutional mechanisms to resolve inter-state water disputes have failed to address and solve the problems. Is it a structural or process inadequacy or both? Discuss Devolution of Powers and Finances up to Local Levels and Challenges therein: The Question almost always is going to focus on the weakness of PRIs, challenges they face and the way forward in the realisation of grass root level governance In the absence of a well-educated and organized local level government system, `Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss. Q. “The local self-government system in India has not proved to be an effective instrument of governance”. Critically examine the statement and give your views to improve the situation Separation of Powers between Organs (Overlap with Judiciary’s structure, organization and functioning) Executive- Legislature Domain: The Question that is going to be asked is going to be invariably about ordinances and the abuse of the power by the executive. Efficacy of control of legislature on executive may also be asked. Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyse whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? Judiciary – Executive Question-related to appointments of judges: Study drawbacks of the collegium, need for independence of the judiciary, why delay in appointment of judges Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India Questions can come with regard to judicial activism and its subsequent rise, the misuse of PILs, the tilting balance towards the judiciary and so on Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. Judiciary- Legislative: The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically. Structure, Organization and Functioning of Executive Questions can relate to the size of cabinet and council of ministers: minimum government and maximum governance- rationalization of governance machinery. The size of the cabinet should be as big as governmental work
Urban Naxalism
Urban Naxalism The term ‘Naxal’ derives its name from the village Naxalbari of district Darjeeling in West Bengal, where the movement originated in 1967 under the leadership of Charu Majumdar and Kanu Sanyal. It refers to the use of violence to destabilize the state through various communist guerrilla groups. The phrase of Urban Naxals is loosely attributed to the people with a Naxalite bent of mind residing in urban areas and working as activists, supporters and protectors of the ideology while the active Naxals battle it out in the jungles and vast swathes of Maoist-dominated areas. Origin of Naxalism in India: The Naxalism in India was an offshoot of the Communist Party of India (Marxist) wherein a small group of the party workers decided to break away to launch an armed struggle against big landowners and establishment. The objective of this small breakaway group was to capture additional lands of big zamindars and distribute the same among the tilling farmers and landless labourers. The leadership for the first Naxal movement was provided by Charu Majumdar, Kanu Sanyal and Jangal Santhal. How Naxalism spread? Naxalism spreads by assuring to uphold the interests of the suppressed ones against the prevailing injustices of the establishment, harassment by petty government functionaries, extortion by policemen, and callousness of officers in addressing their grievances. Naxalism is a sign of poor governance. It is not a coincidence that Naxalism is more dominant in the under-developed areas and has greater influence among those who have faced repercussions due to the faulty socio-economic and political policies of governments. The Red corridor from Tirupati in Andhra Pradesh to Pashupati in Nepal where Naxals have an overarching influence is one of the under-developed regions of the country. It would not be an exaggeration to say that Naxalism is also a sign of poor governance. Factors responsible for Urban Naxalism: India’s Land Reform Policy:- Post-independence, the land reform policy of India could not be successful in some parts of the nation, leading to the birth and growth of Naxal movement in India. Development Projects and Tribal Alienation: – The tribals are driven by grievances with the Indian Government over decades-long resource mismanagement and systematic marginalisation beginning with a series of development projects in the 1980s that removed tribals from their lands in the name of public good. The conflict between economic progress and aboriginal land rights continues to fuel the Naxalite’s activities. Forest Protection Act of 1980:- Although the legislation was an attempt to protect country’s natural resources from exploitation, the law essentially outlawed the existence of many tribal villages that had been in place for centuries. As areas were delineated as reserve forests, traditional occupations of even gathering twigs were forbidden. People who earned their livelihood through access to forest resources in a sustainable manner suddenly found themselves outside the law. Read Also India and Terrorism It was only in 2008 that amendment to forest rights act recognized the tribals’ rights over forest land and forest produce but animosity towards the government had already grown substantially exacerbated by the lack of basic development support to tribal villages. The governance deficit: Lack of education facilities and basic sustainable employment Lack of basic healthcare facilities Infrastructure deficit Issues related to law and order, grievance redressal Lack of routine administration and poorly motivated public personnel Mismanagement and corruption in government schemes like the Public Distribution System. Poor implementation of special laws High handedness of the local administration Solutions: There can be no place for violent armed struggle in Democracy. The government must adopt a twin strategy of dealing in iron hand with the agents of violence and talking to those who are heading a non-violent struggle against the gaps in governance. To tackle the armed struggle there must be capacity building of state police forces so that they can take on the challenge posed by the People’s Liberation Guerrilla Army with minimal assistance from the Central Armed Police Forces, improving intelligence and ensuring better inter-state and Centre-state coordination. Development and peace have to go hand in hand. The government must take steps to win the hearts of people in the affected regions. This together with increasing the trustworthiness of the government aids in breaking the forward and backward linkages of the Naxal movement. Government strategies to address Naxalism: Ban on CPI Maoist, along with all its formations and front organizations under the Unlawful Activities (Prevention) Act, 1967. Assistance to the LWE States: ‘Police’ and ‘Public Order’ being State subjects, action with respect to maintenance of law and order lies primarily in the domain of the concerned State Governments. However, the Central Government closely monitors the situation and coordinates and supplements their efforts in several ways to deal with the LWE problem. These include: Providing Central Armed Police Forces (CAPFs) and Commando Battalions for Resolute Action (CoBRA), Setting up of Counter Insurgency and Anti Terrorism (CIAT) schools; Modernization of the State Police and their Intelligence apparatus etc. Assistance is also provided by the central government under the following schemes: Security Related Expenditure Scheme (SRE) Special Infrastructure Scheme (SIS) Central Scheme for assistance to civilian victims/family of victims of terrorism, communal and Naxal violence Civic Action Programme (CAPs) Read Also LeftWing Extremism Strengthening the intelligence mechanism: This includes intelligence sharing through Multi-Agency Centre (MAC) at the central level and State Multi-Agency Centre (SMAC) at the subsidiary level on a 24×7 basis. Media plan: The media has proved to be a potent instrument in creating awareness among the target population about the socio-economic developmental schemes of the Government and their rights & entitlements. The media has also helped to highlight LWE activities to make people aware as to how LWE violence is preventing implementation of the welfare and development schemes, policies and initiatives of the Government. Roshani Scheme(Ministry of Rural Development): It is a placement linked skill development scheme for rural and tribal population, in worst-affected districts. It emphasizes on special efforts to proactively cover the particularly vulnerable tribal groups (PVTGs) on a priority basis. Way forward: Naxalism is not merely a law and order issue. To
Important Legislations, Notes by UPSC Topper Ravisankar Sarma IFos Rank 37
Important Legislations/ Amendments Index Governance Prevention of Corruption Act Right to Information (Amendment) Whistle-Blowers Protection Act (Amendment) Aadhaar and Other Laws (Amendment Bill) Social Justice Sexual Harassment at Work Places: Refer I learn Key GS2 Test 2 Domestic Workers Act Maternity Benefit Act Triple Talaq Ordinance Child Labour (Amendment) Act Juvenile Justice Act, 2015 POCSO Act Transgenders Protection Bill Persons with Disabilities Rights Prevention of Torture Bill Forest Rights Act PESA National Medical Commission Bill Surrogacy (Regulation) Bill Trafficking of Persons (Protection) Bill Right to Disconnect Bill Land Acquisition, Rehabilitation and Resettlement Act, 2013 Economics FRDI Bill Fugitive Economic Offenders Bill FRBM Act Consumer Protection Rights Bill: I Learn GS3 Full Test 1 Labour Code Polity Citizenship Amendment Bill Prevention of Corruption Act (Amendment Bill) Provisions Criminalized Collusive Bribery: Giving bribe also an offence just like taking a bribe. A safeguard is provided for coercive bribery Prior approval for inquiries against serving and retired public officers by concerned authorities like the CVC Immunity from arrest for all public officers unless for on the spot charges Time-bound trial of the case in courts preceded by a special judge within 2 years Stringent Punishment: Under the Act, Punishment of 3 to 7 years is provided to convicts Definition of criminal misconduct altered to misappropriation of assets or property for individuals own benefit or allowing any other person to do so Immediate Forfeiture: Law Enforcement empowered for immediate attachment and confiscation of illegally obtained assets and property Analysis Criminal misconduct definition may have been narrowed to exclude non-material forms of corruption Prior approval provision can avoid harassment of honest officials, avoid frivolous litigation and enable fearless conduct for honest public servants. On the other hand, the prior approval clause introduces another red tape that can impede the investigation and lead to a lower conviction rate The POCA act entails a systemic shift to bribe givers rather than bribe-takers that may be unduly harsh on those coerced into corruption Right to Information (Amendment Bill): Issues Dependence of the Commission: The act makes the CIC subordinate to the government as he is accorded a salary and term as determined by the Union government. This threatens the independence of the commission and provides space for arbitrariness of the executive Constitutional Nature Diluted: The bill does not provide equal constitutional status to CIC in comparison to CEC Unitary Nature: The act mandates that the central government can decide on the salaries and allowances of both Central and State Information Commissions Whistle-Blowers Protection Amendment: A whistleblower is not merely any government official who comes across corruption in his official capacity, but any NGO or citizen who has provided the information with regard to the corrupt, arbitrary and criminal acts of any government official What does WBP offer? Anonymity: Concealment of the identity of the whistleblower Protection against victimization: Suspensions, transfers and threats of violence including police protection and penalising perpetrators of victimization Amendment to WBP and associated issues Persecution of Whistleblowers: The amendment takes away the immunity accorded to Whistle-Blowers from legal actions and makes them open to persecution under the draconian Official Secrets Act (OSA) Deterrence from Whistleblowing: OSA act has a jail term of 14 years and can deter honest officials from exposing corrupt and criminal activities. It defeats the purpose of the Whistle-Blowers Protection Act and seeks to weaken whistleblowers rather than empowering them The amendment also seeks to cut down on the information that can be exposed and prohibits any inquiry into issues which might be detrimental to national security, sovereignty, integrity and economic interests. The exemptions that apply to RTI hence apply for whistleblowing also Read Full GS Notes Aadhar and Other Laws (Amendment Bill) Offline Verification of Aadhar Number Holder: The Bill allows offline verification of aadhar through modes specified by UIDAI and with consent of individual, inform them of alternatives to sharing information and not collect or store biometric information/ Aadhar number Voluntary Use of Aadhar to verify identity: An individual can voluntarily use aadhar to verify his/ her identity either through authentication/ offline verification. Entities Using Aadhar and its authentication by way of Meeting privacy and security standards set by UIDAI Permitted by Law Seeking authentication for the purpose specified by the government Aadhar and Children: Enrolling child to obtain an Aadhar number, the guardian of a child shall be informed on Manner of Information use Sharing Recipients Right to Access the Information Disclosure of Information If a high court so specifies that abridges the confidentiality and security in exceptional circumstances Allows disclosure of information on the order of secretary or above UIDAI Fund: All fees and revenue collected by the UIDAI shall be credited to UIDAI Fund and not CFI. It shall be used to provide salaries of UIDAI staff and account for its expenses Grievance Redressal: The Bill allows individual to register complaints in cases of impersonation or disclosure of identity. UIDAI may initiate a complaint in cases of Failure to comply with its directions Furnish the information required by UIDAI Domestic Workers Regulation of Work and Social Security Bill, 2016 Regulation of Domestic Work: To monitor domestic workers by making mandatory registration of employer and worker Setting up Social Security Fund: Mandates collection of cess from the employer which would be utilised for social security fund of the worker Rights-Based Approach: The workers’ access would be mediated through an ID card which achieves the objectives of police verification sans criminalisation but empowering them through a rights-based approach Maternity Benefit Act 2017 Rationale Behind the Act: Women informal sector were forced to return to work after pregnancy without adequate rest and recovery. This deprives them of reproductive health, wages and discourages women from workforce participation. The maternity benefit act statutorily obliges companies in the formal sector to grant 26 weeks of paid leaves. This would enable women to rest and recover without the worry of salary Provisions of the Act 26 weeks compulsory maternity leave for women in the case of first 2 children 12 weeks of maternity leave available to commissioning mothers as well as adopting mothers Creche facilities for companies employing 50 women or more An employer may permit work from home Benefits of the Act Reproductive Health: Time off from work enables women to recover from the exertions of pregnancy. This is pivotal to both the emotional and physical health of the mother. Incentivize Women to join the workforce: Increased securities provided in jobs can dispel doubts of women on whether to take up employment or not Gender Equality in
Anti Defection Law in India
A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House. The law applies to both Parliament and state assemblies. Check All Prelims Mock Questions Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
MSME: Role, Challenges and Way forward
MSME: Role, Challenges and Way forward MSME sector currently contributes nearly 29% to the manufacturing segment and 40% to the exports. It has the potential to generate additional employment of 5 crores in the next five years. Union Government has set the target to increase the contribution of MSMEs in the manufacturing sector to 50% in the next five years. The MSMED Act, 2006 defines the Micro, Small and Medium Enterprises based on The investment in plant and machinery for those engaged in manufacturing or production, processing or preservation of goods and, The investment in equipment for enterprises engaged in providing or rendering of services. As per the Act, enterprises can be defined as: A microenterprise if the investment in plant & machinery is under Rs.25 lakhs A small enterprise if the machinery and plant investment is between Rs.25 lakhs and Rs. 5 crores A medium enterprise if the said investment is between Rs.5 crores and Rs.10 crores. Though MSMEs are small investment enterprises, their contribution to the Indian economy is very significant. Read Also Government of India Act of 1919 Role of MSMEs To generate large scale employment: In India, capital is scarce and labour abundant. MSMEs are thought to have lower capital-output and capital-labour ratios than large-scale industries, and therefore, better serve growth and employment objectives. Not only do MSMEs generate the highest employment per capita investment, but they also go a long way in checking rural-urban migration by providing people living in isolated areas with a sustainable source of employment. To sustain economic growth and increase exports: Non-traditional products account for more than 95% of the MSME exports. Since such products are mostly handcrafted and hence eco-friendly there exists a great potential to expand the quantum of MSME led exports. Also, MSMEs act as ancillary industries for Large Scale Industries providing them with raw materials, vital components and backward linkages. Inclusive growth MSMEs promote inclusive growth by providing employment opportunities in rural areas especially to people belonging to weaker sections of the society. For example, Khadi and Village industries require low per capita investment and employ a large number of women in rural areas. MSMEs will reduce the gap between rich and poor as they are agents of inclusive growth. Micro, Small and Medium Enterprises will help in reducing Green House Gas emissions as they are generally closer to markets leading to reduced carbon footprints. Issues faced by MSMEs: Access to credit: 90% of MSMEs are dependent on informal sources for funding due to lack of sufficient collateral and high capital needs. Access to markets: Low outreach and non-availability of new markets. Lack of skilled manpower and ineffective marketing strategy. Difficult for MSMEs to sell products to government agencies. Competition from MNCs and other big industries. Technology access: MSMEs, particularly in the unorganized sector, show lower adaptability of technology and innovation. Quality and export: Low-quality products impact export competitiveness. Also, inadequate access to quality raw materials and the use of traditional machines causes low productivity. Ease of doing business: Heavy government procedures and rules for establishing new units. Due to the bureaucratic delays in getting clearances and the poor litigation system, business becomes a slower process. Solutions: Access to credit: Launch of the 59-minute loan portal to enable easy access to credit for MSMEs. The loans up to Rs. 1 crore can be granted in-principle approval through this portal, in just 59 minutes. A 2% interest subvention for all GST registered MSMEs, on fresh or incremental loans. All companies with a turnover of more than Rs. 500 crore, must now compulsorily be brought on the Trade Receivables e-Discounting System (TReDS). Joining this portal will enable entrepreneurs to access credit from banks, based on their upcoming receivables. Access to markets: Public sector companies have now been asked to compulsorily procure 25%, instead of 20% of their total purchases, from MSMEs. Out of the 25% procurement mandated from MSMEs, 3% must now be reserved for women entrepreneurs. All public sector undertakings of the Union Government must now compulsorily be a part of government e-Marketplace (GeM). They should also get all their vendors registered on GeM. Technology up-gradation: 20 hubs and 100 spokes in the form of tool rooms will be established across the country to facilitate product design. A tool room is a room where tools are stored or, in a factory, space where tools are made and repaired for use throughout the rest of the factory. Ease of doing business: In order to simplify the government procedures, the return under 8 labour laws and 10 Union regulations must now be filed only once a year. The establishments to be visited by an Inspector will be decided through a computerised random allotment. Environmental Clearance under air pollution and water pollution laws have been merged into one. Also, the return will be accepted through self-certification. For minor violations under the Companies Act, the entrepreneur will no longer have to approach the Courts but can correct them through simple procedures. Read Also RTI act and Judiciary Schemes under MSMEs The major schemes related to MSMEs come under the heads of, • Prime Minister Employment Generation Programme and Other Credit Support Schemes • Prime minister Employment Generation Programme (PMEGP).The scheme is implemented by Khadi and Village Industries Commission (KVIC) functioning as the nodal agency at the national level. • Development of Khadi, Village and Coir Industries – The Market Promotion and Development Assistance Scheme (MPDA) has been launched as a unified scheme by merging different schemes implemented by the Khadi sector including publicity, marketing, market promotion and marketing development assistance. – Coir Vikas Yojana (CVY) · Technology Upgradation and Quality Certification. – A Scheme for Promoting Innovation, Rural Industry & Entrepreneurship (ASPIRE) – The main objectives of the scheme are to: (i) Create new jobs and reduce unemployment (ii) Promote entrepreneurship culture in India (iii) Boost Grassroots economic development at district level (iv) Facilitate innovative business solution for un-met social needs. (v) Promote innovation to further strengthen the competitiveness of the MSME sector. · Marketing Promotion Schemes · Entrepreneurship and skill Development Programme · Infrastructure Development Programme Read Also Lokpal and Lokayukta Enroll today with
National Register of Citizens
National Register of Citizens The National Register of Citizens (NRC) is a list of Indian citizens of Assam. The NRC was introduced to identify illegal immigrants from Bangladesh and recognise the Indian citizens in Assam. It was prepared in 1951, following the census of 1951. Assam has become the first state to get the first draft of its own updated NRC. For a person’s name to be included in the updated NRC list of 2018, he/ she will have to furnish: Existence of name in the legacy data: The legacy data is the collective list of the NRC data of 1951 and the electoral rolls up to midnight of 24 March 1971. In case of the applicants born after 1971, by Proving linkage with the person whose name appears in the legacy data. Objective The NRC is now being updated to detect Bangladeshi migrants who may have illegally entered Assam after the midnight of March 24, 1971. Role The process of updating has undertaken as per provisions of the Citizenship Act, 1955 & the Citizenship (Registration of citizens and Issues of National identity) Rules 2003. The updating process started in May 2015 and ended on 31 August 2015. A total of 3.29 crore people applied through 68.31 lakh applications. The process of verification involved house-to-house field verification, determination of authenticity of documents, family tree investigations in order to rule out bogus claims of parenthood and linkages and separate hearings for married women. Read Also Electoral reforms in India Concerns There is a renewed conviction that the exercise of counting Assam’s citizens is a political one, and the new register will be a document of exclusion, not inclusion. There are important humanitarian concerns, concerns that go beyond identification and numbers. Nearly five decades have elapsed since the cut-off date of March 25, 1971, and individuals who have sneaked in illegally have children and grandchildren by now. Discrimination against Muslims and Bengalis. In at least 10 districts the records are incomplete or unavailable. A number of people may be deprived of citizenship through this process. Forged documents. Delay in process. The security situation in the entire neighbouring states would be affected. Communal violence and potential to sow seeds of violence in the state Housing the ones who are declared illegal immigrants is a concern as the existing detention centres have poor infrastructure. Proposed citizenship amendment that grants citizenship to illegal immigrants of Hindu, Sikh, Buddhist, Jain, Christian faiths is severely opposed in Assam. Challenges Flawed Process – People who found themselves on the first list that was released on January 1, 2018, didn’t find their names in the second. Even the family of a former President of India did not mention on the list. The parallel processes of NRC, the voters’ list of the Election Commission, and the Foreigners’ Tribunals with the help of the Assam Border Police have led to utter chaos, as none of these agencies is sharing information with each other. Though the draft provides a window for re-verification, due to a large number of people being excluded from the list, it will be very difficult to physically verify all of them. Since such ‘non-citizens’ can resort to judicial relief to substantiate their citizenship claim, it can lead to overburdening of the judiciary which already reels under a large number of pending cases. There is uncertainty about the future of those left out from the list. Expelling them to Bangladesh is not an option since Dhaka has never accepted that they are its citizens or that there is a problem of illegal immigration. In the absence of a formal agreement, India cannot forcibly push the illegal migrants back into Bangladesh. Moreover, raising this issue can also jeopardise relations with Dhaka. Such an attempt would not only damage bilateral relations but also sully the country’s image internationally. Apart from deportation, the other option is large scale detention camps – which is an unlikely option for a civilised democracy like India. Another option is instituting work permits, which would give them limited legal rights to work but ensure they have no political voice. However, it is not clear what will be the fate of children of such individuals. With no end to uncertainty, NRC seems to be a process without an end. Read Also Anti Defection Law in India Way Forward India, as a country, should not be hasty in taking decisions that can disenfranchise her citizens – contradicting its centuries-followed values. A person’s citizenship is a basic human right. Declaring people foreigners in haste without judicially verifying their credentials can leave many human beings stateless. The need of the hour is that Union Government should clearly chart out the course of action regarding the fate of excluded people from final NRC data and political parties should refrain from colouring the entire NRC process through electoral prospects that may snowball in to communal violence. There is a need for a robust mechanism of legal support for the four million who have to prove their citizenship to India with their limited means. Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. join now
