weekly current affairs - elite ias academy · 2020. 7. 15. · maintenance & welfare of parents...
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WeeklyCurrent Affairs
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INDEXPolity & Governance, Social Justice, Social Development
1. Article 30
2. Creamy layer Concept
3. Essential Commodities Act
4. Farmer Definition
5. Maintenance & welfare of Parents & senior Citizens (Amendment) Bill, 2019
6. Parliament Proceedings
7. PM AASHA (Pradhan Mantri AnnadataAaySanraksHan Abhiyan)
8. Reservation in Lok Sabha
International Relations, India & the World and International Affairs
9. Global Migration Report
10. Iran Barter System- INSTEX
11. Program for International Student Assessment (PISA)
Indian Economy and Economic Development
12. Aerial Seeding
13. Bharat Bond Exchange Traded Fund (ETF)
14. Labour Codes
15. Lending Platform
16. Loans Written Off
17. Nationwide Artificial Insemination Programme (NAIP)
18. New Margining System
19. Purchasing Manager’s Index
Environment and Ecology,Geography,Disaster Managment
20. Deemed Forest
21. Global Climate Risk Index
22. Operation Clean Art
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Science and Technology, Defense, Health,Education
23. Foreign Contribution Regulation Act (FCRA)
24. Gujarat Terror Law
25. Kyasanur Forest Disease (KFD)
26. Personal Data Protection Bill
27. Polar Science Cooperation
More News
28. Chagos Archipelago
29. China Information Technology Authority
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Polity & Governance, Social Justice, Social Development
1. Article 30Why in News? The Supreme Court has dismissed a plea challenging a Kerala High Court order which held that an educational
institution to claim minority status has be “established and administered” by the minority community, andnot merely administered by it.
Cultural & Educational Rights
Article 29 Protection of Interests of Minorities
Any section of the citizens shall have the right to conserve its distinct language, script or culture
No citizen shall be denied admission into any educational institution maintained by the State or receiving aidout of State funds on grounds only of religion, race, caste, or language.
Protection to both Religious minorities as well as Linguistic minorities
Supreme Court
The Supreme Court held that the scope of this article is not necessarily restricted to minorities only.
The right to conserve the language includes the right to agitate for the protection of the language.Hence, the political speeches or promises made for the conservation of the language of a section of thecitizens does not amount to corrupt practice under the Representation of the People Act, 1951.
Article 30 Right of Minorities to Establish & Administer Educational Institutions
All minorities shall have the right to establish and administer educational institutions of their choice
The compensation amount fixed by the State for the compulsory acquisition of any property of a minorityeducational institution shall not restrict or abrogate the right guaranteed to them.
This provision was added by the 44th Amendment Act of 1978 to protect the right of minorities in thisregard. The Act deleted the right to property as a Fundamental Right (Article 31).
In granting aid, the State shall not discriminate against any educational institution managed by a minority.
Confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as underArticle 29). However, the term ‘minority’ has not been defined anywhere in the Constitution.
Right of a minority to impart education to its children in its own language.
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Minority educational institutions are of three types:
1. Institutions that seek recognition as well as aid from the State;
1.1 subject to the regulatory power of the state with regard to syllabus prescription, academicstandards, discipline, sanitation, employment of teaching staff and soon.
2. Institutions that seek only recognition from the State and not aid; and
2.2 subject to the regulatory power of the state with regard to syllabus prescription, academicstandards, discipline, sanitation, employment of teaching staff and soon.
3. Institutions that neither seek recognition nor aid from the State.
3.1 free to administer their affairs but subject to operation of general laws like contract law, labourlaw, industrial law, tax law, economic regulations, and so on.
2. Creamy layer ConceptIssue The Centre asked the Supreme Court to refer to a seven-judge Bench the question whether the creamy
layer concept should apply or not to the Scheduled Castes/Scheduled Tribes while providing them reservationin promotions.
SC verdicts Sept 2018: Jarnail Singh Case
A five-judge Bench in the Jarnail Singh case unanimously agreed with a 2006 judgment of another five-judge Bench in the M. Nagaraj case, which had upheld the application of the creamy layer principle inpromotions. The 2018 judgment, authored by Justice Rohinton F. Nariman, had also refused thegovernment’s plea to refer the 2006 Nagaraj case judgment to a seven-judge Bench.
The 2018 judgment, modifying the part of the Nagaraj case verdict which required the States to showquantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe in order toprovide quota in promotion in public employment, had, however, rejected the Centre’s argument thatthe Nagaraj case ruling had misread the creamy layer concept by applying it to the SCs/STs.
The whole object of reservation is to see that the backward classes of citizens move forward so thatthey may march hand in hand with other citizens of India on an equal basis. This will not be possible ifonly the creamy layer within that class bag all the coveted jobs in the public sector and perpetuatethemselves, leaving the rest of the class as backward as they always were- Justice Nirman
The 2018 judgment said that when a court applies the creamy layer principle to the ScheduledCastes and the Scheduled Tribes, it does not in any manner tinker with the Presidential List underArticle 341 or 342 of the Constitution. The caste or group or sub-group named in the list continuesexactly as before.
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It is only those within that group or sub-group, who have come out of untouchability or backwardnessby virtue of belonging to the creamy layer, who are excluded from the benefit of reservation
He had observed that unless the creamy layer principle was applied, those genuinely deserving reservationwould not access it and those who were undeserving within the same class would continue to get it.The court held that the principle was based on the fundamental right to equality. “The benefits, by andlarge, are snatched away by the top creamy layer of the backward caste or class, keeping the weakestamong the weak always weak and leaving the fortunate layers to consume the whole cake
o
What is Reservation and How did it evolved?
The Mandal Commission
The Mandal Commission was set up in 1979 under Article 340 of the Constitution by the Janata Partygovernment when Morarji Desai was prime minister with a mandate to “identify the socially oreducationally backwards”. It laid down 11 indicators or criteria for determining social and economicback wardness.
In light of this report, the government provided 27 per cent reservation in central government jobs forOther Backward Classes (OBCs) in 1990.
This was challenged in the Supreme Court by several writ petitions.
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A nine-judge bench in the Indira Sawhney case had upheld reservations for OBCs in 1992, but ruledthat creamy layer among the backward class of citizens must be excluded “by fixation of properincome, property or status criteria” by the central government.
The court asserted that on these specifications, people falling in the creamy layer would not get thebenefit of reservations. The Supreme Court also held that reservations in appointments — underArticle 16(4) of the Constitution — do not apply to promotions.
Constitutional or Legal Reference
What it is intend to do?
Creamy layer concept The concept has its genesis in a 1992 Supreme Court judgment in the Indira Sawhney vs Union of India
case. Since then, two other significant Supreme Court judgments — one in M. Nagaraj vs Union of Indiaand another in the Jarnail Singh case have laid down the law in this regard
In ref to above verdict of supreme court in Mandal Commission
Department of Personnel and Training (DoPT) had laid down categories under the creamylayer in 1993.
According to the 1993 order, sons and daughters of Group A/Class I Officers of All India Central andState Services (direct recruits), Group B/Class II Officers of Central and State Services (direct recruits),employees of Public Sector Undertakings etc. and armed forces fall within the creamy layer, and,therefore, they would not be entitled to reservation benefits.
The order also included within the creamy layer sons and daughters of people with a gross annualincome of Rs 1 lakh above or possessing wealth above the exemption limit as prescribed under theWealth Tax Act for a period of three consecutive years.
It, however, clarified that income from salaries and agricultural land will not be clubbed, andasserted that the income criteria in terms of rupee will be modified taking into account the changein its value every three years.
However, the ceiling has been revised only four times since 1993 — the last time it happened was inSeptember 2017 when the cap was raised to Rs 8 lakh per annum.
77th Amendment Act,1995 Meanwhile, in order to change the effect of the judgment in the Indira Sawhney case, there were
some amendments to enable the government to make laws regarding reservation in promotion forSCs and STs.
The first of these amendments was when the Parliament enacted the Constitution (77th Amendment)Act, 1995, inserting Article 16(4A), thereby enabling the government to make laws providing quota inpromotion for SCs and STs.
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Article 16(4B) was also inserted, providing that reserved promotion posts for SCs and STs that remainunfilled can be carried forward to the subsequent year. While the SC judgement in the Indira Sawhneycase capped the reservation quota at 50 per cent, the government’s amendment ensured that the 50 percent ceiling for these carried-forward unfilled posts does not apply to subsequent years.
Another instance was when Article 335 of the Constitution was amended during Atal Bihari Vajpayee’sgovernment in 2001. While Article 335 specified that reservations have to be balanced with the“maintenance of efficiency”, the 2001 amendment stated that the Article will not apply to the governmentif it relaxes evaluation standards in matters of promotion.
‘Maintenance of efficiency’ is a constitutional limitation on the discretion of the government in makingreservation in promotion for SCs and STs.
2006 Supreme Court Judgment
These amendments led to the 2006 Supreme Court judgment in M. Nagaraj vs Union of India, wherea five-judge bench approved Parliament’s decision to extend reservations for SCs and STs to includepromotions with three conditions.
It required the government to provide proof for the backwardness of the class benefitting from thereservation, for its inadequate representation in the position/service for which reservation in promotionis to be granted and to show how reservations in promotions would further administrative efficiency.
The judgment also held that the creamy layer concept was applicable to SCs and STs.
The M. Nagaraj case judgment was challenged in the Jarnail Singh case via two reference orders, thelatest one having been issued in November 2017, stating that it needed to be referred to a seven-judge bench.
The top court refused to refer it to a larger bench, asserting that even though it had not expresslychosen to apply the creamy layer principle to SCs and STs in its verdict in the Indira Sawhney case, theprinciple can still be applied in view of the principles of equality enshrined in Constitution.
The court also asserted that the SC and high courts would be well within their jurisdiction to excludecreamy layer from getting reservations, rejecting the central government’s submissions that only theParliament can exclude or include people from SC/ST lists.
“The whole object of reservation is to see that backward classes of citizens move forward so that theymay march hand in hand with other citizens of India on an equal basis. This will not be possible if onlythe creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves,leaving the rest of the class as backward as they always were,” it observed.
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3. Essential Commodities Act
Why in News?
The government has, since September 29, banned export of onions and imposed stock limits —wholesale traders cannot keep more than 500 quintals and retailers 100 quintals — under the EssentialCommodities Act.
Why? Onion has three production seasons: Kharif (transplanting in July-August and harvesting in October-
December), late-kharif (October-November and January-March) and rabi (December- January and April-May). In 2018-19, India’s estimated total onion output was 234.85 lt, of which the rabi crop contributedover 65%, with the rest from late-kharif (20%) and kharif (15%). This time, the kharif planted area wasabout 7% less than last year due to the southwest monsoon’s late arrival. Further, extended and untimelyrains during September-October in Maharashtra, MP and Karnataka — the three states together accountfor roughly two-thirds of India’s production — caused substantial damage to the standing crop.
About The Essential Commodities Act is an act of Parliament of India which was established to ensure the
delivery of certain commodities or products, the supply of which if obstructed owing to hoarding orblackmarketing would affect the normal life of the people. This includes foodstuff, drugs, fuel (petroleumproducts) etc.
The ECA was enacted way back in 1955. It has since been used by the Government to regulate theproduction, supply and distribution of a whole host of commodities it declares ‘essential’ in order to makethem available to consumers at fair prices.
The list of items under the Act include drugs, fertilisers, pulses and edible oils, and petroleum and petroleumproducts. The Centre can include new commodities as and when the need arises, and take them off the listonce the situation improves.
Here’s how it works. If the Centre finds that a certain commodity is in short supply and its price is spiking,it can notify stock-holding limits on it for a specified period. The States act on this notification to specifylimits and take steps to ensure that these are adhered to. Anybody trading or dealing in the commodity, be itwholesalers, retailers or even importers are prevented from stockpiling it beyond a certain quantity.
A State can, however, choose not to impose any restrictions. But once it does, traders have to immediatelysell into the market any stocks held beyond the mandated quantity. This improves supplies and brings downprices. As not all shopkeepers and traders comply, State agencies conduct raids to get everyone to toe theline and the errant are punished. The excess stocks are auctioned or sold through fair price shops. This actis very important
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Essential Services Maintenance Act
The Essential Services Maintenance (ESMA) is an act of Parliament of India which was established to
ensure the delivery of certain services, which if obstructed would affect the normal life of the people
This include services like public transport (bus services), health services (doctors and hospitals).
The ESMA is a law made by the Parliament of India under List No. 33 in Concurrent List of 7th Schedule
of Constitution of India. Hence it maintains national uniformity by providing minimum conditions of essentialservices across the nation. For any violations in specific regions, State governments alone or together withother state government can enforce their respective act. Each state has a separate state Essential ServicesMaintenance Act with slight variations from the central law in its provisions. Hence, in case the nature ofstrike disrupts only a state or states, then the states can invoke it. In case of disruption on a national scale,especially railways, the ESMA 1968 can be invoked by central government.
Although it is a very powerful law, which has potential to suppress genuine demands of employees, its
execution rests entirely on the discretion of the State government in normal circumstances. The law hasseen little use in India, with many strikes by public transport providers or staff, doctors or Governmentemployees, being continued for weeks without ESMA being invoked by the Union Government or theState Government. There have been instances of citizens approaching courts for implementation ofESMA, and the executive being forced by court orders to declare ESMA over a strike and the strikesbeing called off over night.
4. Farmer Definition
Issue
Who is a farmer? What is the government’s definition of a farmer, and how many farmers are there in India
by that definition? Draft National Policy for Farmers by National Commission of Farmers headed by MSSwaminathan ·Definition: o “For the purpose of this Policy, the term ‘FARMER’ will refer to a personactively engaged in the economic and/or livelihood activity of growing crops and producing other primaryagricultural commodities and will include all agricultural operational holders, cultivators, agricultural labourers,sharecroppers, tenants, poultry and livestock rearers, fishers, beekeepers, gardeners, pastoralists, non-corporate planters and planting labourers, as well as persons engaged in various farming related occupationssuch as sericulture, vermiculture and agro-forestry. The term will also include tribal families/persons engagedin shifting cultivation and in the collection, use and sale of minor and non-timber forest produce.”
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5. Maintenance & welfare of Parents & senior Citizens (Amendment)Bill, 2019
Why in News?
The Union Cabinet on Wednesday (December 4) approved The Maintenance and Welfare of Parents andSenior Citizens (Amendment) Bill, 2019, removing the cap of Rs 10,000 on the maximum monthly allowancepermissible, and providing for the appointment of nodal police officers for senior citizens in every policestation and the creation of a special police unit for senior citizens at the district level.
About
The Bill seeks to amend The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, passedby Parliament during the term of UPA-I.
Among the key features of the Bill, as per a summary published by PRS Legislative Research, were:
Children and heirs were legally obligated to provide maintenance to senior citizens.
State governments were permitted to establish old age homes in every district.
Senior citizens who are unable to maintain themselves, were given the right to apply to a maintenancetribunal seeking a monthly allowance from their children or heirs.
State governments were to set up maintenance tribunals in every subdivision to decide the level ofmaintenance. Appellate tribunals were to be established at the district level.
State governments were to set the ceiling for the maximum monthly maintenance allowance. The Billcapped the maximum monthly allowance at Rs 10,000 per month.
Punishment for not paying the required monthly allowance was fixed at Rs 5,000, or up to three months inprison, or both.
The proposed changes
On November 20, in a written reply presented to Rajya Sabha, Minister of State for Social Justice andEmpowerment Rattan Lal Kataria listed the “major salient features” of the proposed Maintenance andWelfare of Parents and Senior Citizens Amendment Bill:
Definition of ‘children’ and ‘parents’ has been expanded.
Definition of ‘maintenance’ and ‘welfare’ has been expanded.
Mode of submission of application for maintenance has been enlarged.
Ceiling of Rs 10,000/- as maintenance amount has been removed.
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Preference to dispose of applications of senior citizens, above eighty years of age, early hasbeen included.
Registration of Senior Citizens Care Homes/Homecare Service Agencies etc. have been included.
Minimum standards for senior citizen care homes has been included in the Bill.
Appointment of Nodal Police Officers for Senior Citizens in every Police Station and District level SpecialPolice Unit for Senior Citizens has been included.
Maintenance of Helpline for senior citizens has been included.
6. Parliament Proceedings
Why in News?
The Rajya Sabha Secretariat is pulling out the rule books and going through the precedents to tackle thedemand from members that they be allocated more time in debates.
The secretariat is also looking into a demand for an increase in representation from smaller States.uniform representation for all States for reflecting true federalism since the Upper House is the Council ofStates.
Issue
Currently, members are given time according to the strength of their party in the House.
Which means that Independent or nominated members get less time like MPs from smaller parties.
Parliament Working
Sessions
1. Budget Session: Feb-May
2. Monsoon Session: July -Sept
3. Winter Session: Nov-Dec·
Gap between two succession can’t be more that 6 months·
Each Meeting – two Sittings
1. Morning: 11am to 1pm
2. Post lunch siting: 2pm to 6pm
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Parliamentary Proceedings Device
Question Hour Zero HourFirst Hour of every sitting Immediately after question hour & last until
agenda of the day taken up
Type of Que.: Question can be asked from1. Starred: oral answer ,
followed by supplementaryquestion (*), Green color
2. Unstarred: Written answer, notfollowed by supplementary que.,White. color
3. Short notice: Question asked bygiving a notice of less than 10 days,oral answer, Light pink.
Question without prior noticeministers & private mem(Yellow).(relevant) 1. Mentioned in Rules of Procedure 1. Not Mentioned, Indian Innovation since 1962.2. Formal Device 2. Informal Device
·
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Private Member
Discuss: Only on Fri. (afternoon sitting)
A private member can give a maximum of three notices for the introduction of Private MembersBills during a Session.
President can use his powers of absolute veto and can discard a private member bill.
A member who wants to introduce a Bill has to give prior notice thereof. The period of notice forintroduction of a Bill is one month.·
Minister Any day from Monday to Thursday
7. PM AASHA (Pradhan Mantri Annadata Aay Sanraks Han Abhiyan)
Why in News?
Less than 3% of this season’s sanctioned amount of pulses and oilseeds have actually been procuredso far under the once-hyped PM-AASHA scheme as per Agriculture ministry data
PM AASHA
Pradhan Mantri AnnadataAaySanraksHan Abhiyan (PM-AASHA) is an umbrella scheme aimed atensuring remunerative prices to the farmers for their produce.
Components
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Price Support Scheme (PSS)-
In Price Support Scheme (PSS), physical procurement of pulses, oilseeds and Copra will be
done by Central Nodal Agencies with proactive role of State governments. It is also decided thatin addition to NAFED, Food Cooperation of India (FCI) will take up PSS operations in states /
districts. The procurement expenditure and losses due to procurement will be borne by Central
Government as per norms. To read the complete guidelines,
Price Deficiency Payment Scheme (PDPS)-
Under Price Deficiency Payment Scheme this scheme (PDPS), it is proposed to cover all oilseeds
for which MSP is notified. In this direct payment of the difference between the MSP and the
selling/modal price will be made to pre-registered farmers selling his produce in the notifiedmarket yard through a transparent auction process. All payment will be done directly into registered
bank account of the farmer. This scheme does not involve any physical procurement of crops as
farmers are paid the difference between the MSP price and Sale/modal price on disposal in
notified market. The support of central government for PDPS will be given as per norms.
Pilot of Private Procurement & Stockist Scheme (PPPS)-
It has also been decided that participation of private sector in procurement operation needs to
piloted so that on the basis of learnings the ambit of private participation in procurement operations
may be increased.
Therefore in addition to PDPS, it has been decided that for oilseeds, states have the option to rollout Private Procurement Stockist Scheme (PPSS) on pilot basis in selected district/APMC(s) of
district involving the participation of private stockiest. The pilot district/selected APMC(s) of
district will cover one or more crop of oilseeds for which MSP is notified. Since this is akin to
PSS, in that in involves physical procurement of the notified commodity, it shall substitute PSS/
PDPS in the pilot districts.
The selected private agency shall procure the commodity at MSP in the notified markets
during the notified period from the registered farmers in consonance with the PPSS Guidelines,whenever the prices in the market fall below the notified MSP and whenever authorized by the
state/UT government to enter the market and maximum service charges up to 15% of the
notified MSP will be payable.
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8. Reservation in Lok Sabha
Why in News?
The Union Cabinet on Wednesday approved a proposal to extend reservation for Scheduled Castes and
Scheduled Tribes in the Lok Sabha and State Assemblies for 10 years but a question mark prevailed over
whether it has extended reservation for two seats in the Lok Sabha for the Anglo-Indian community.
Article 334 :
Reservation of seats and special representation to cease after forty years Notwithstanding anything in the
fore going provisions of this Part, the provisions of Constitution relating to
a. The reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the Peopleand in the Legislative Assemblies of the States; and
b. The representation of the Anglo Indian community in the House of the People and in the LegislativeAssemblies of the States by nomination, shall cease to have effect on the expiration of a period of fortyyears from the commencement of this Constitution: Provided that nothing in this article shall affect anyrepresentation in the House of the People or in the legislative Assembly of a State until the dissolutionof the then existing House or Assembly, as the case may be
Reservation till 2020 for SCs & STs [95th Amend.]
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International Relations, India & the World and International Affairs
9. Global Migration Report
Why in News?
The Global Migration Report 2020 highlighting the international migrants stock was recently released.
About
It released by the UN-affiliated International Organization for Migration (IOM).
It reiterates the key trend of the International Migrant Stock 2019 dataset released by the UN PopulationDivision in September — of the 272 international migrants worldwide (3.5% of the global population).
According to the report, roughly two-thirds of international migrants are labour migrants.
Oceania (a geographic region that includes Australasia, Melanesia, Micronesia and Polynesia) is the regionwith the highest proportion of international migrants.
The UAE is the country with the highest proportion of international migrants.
Top destinations The top destination for international migrants is the US where, as of September 2019, there were 50.7
million international migrants.
The US is followed by Germany, Saudi Arabia, Russian Federation and the UK.
The top migration corridors for Indians are the United Arab Emirates, the US and Saudi Arabia.
Conversely, the highest number of migrants entering India comes from Bangladesh.
The US is also the top choice for migrants from China.
Indian case India accounts for the highest share with 17.5 million Indians living outside the country
India is followed by Mexico (11.8 million) and China (10.7 million).
Remittances inflows Among other details in the new report, the high count of international migrants living abroad also makes
India the leading recipient of remittances.
International remittances in 2018 (2020 report) reached $689 billion, out of which India received $78.6billion from the 17.5 million living abroad.
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India is currently followed by China ($67.4 billion), Mexico ($35.7 billion), Philippines ($33.8 billion),Egypt ($28.9 billion) and France ($26.4 billion).
The US was the top remittance-issuer, at $68 billion, followed by the United Arab Emirates ($44.4 billion)and Saudi Arabia ($36.1 billion).
10. Iran Barter System INSTEX(Instrument in Support of Trade Exchanges)
Why in News? London and Berlin on Saturday welcomed six new European countries to the INSTEX barter mechanism,
which is designed to circumvent U.S. sanctions against trade with Iran by avoiding use of the dollar.
INSTEX The Paris-based INSTEX functions as a clearing house allowing Iran to continue to sell oil and import other
products or services in exchange.
The system has not yet enabled any transactions.
In 2018, U.S. withdrew from the international agreement governing Iran’s nuclear programme and reinstatedheavy sanctions against Tehran.
11. Program for International Student Assessment (PISA)
Why in News? Students of Chandigarh’s government schools buckle up to represent India in the Programme for International
Student Assessment test in 2021
About PISA Initiated by the Organization for Economic Cooperation and Development (OECD), an intergovernmental
economic organisation with 36 member countries, the Programme for International Student Assessment(PISA) is a study done to produce comparable data on education policy and outcomes across countries.
The study, which began in the year 2000, conducts a test evaluating 15-year-olds in member andnon-member countries to assess the quality and inclusivity of school systems in these countries.
The PISA test is held every three years and the next test will be held in 2021, in which students fromgovernment schools in Chandigarh will represent India.
Who Sets Test: The test is set by educational experts from across the world. Until now, experts from more than eighty
countries have contributed towards framing the test questions, mostly from countries that have alreadyparticipated in the test.
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What does the test entail : Unlike conventional tests and exams, the PISA test does not assess students on their memory, but attempts
to evaluate whether students can apply the knowledge they have gained through primary and secondaryeducation. Apart from subjects like math, reading comprehension and science; since 2015 the test alsoincludes an optional section on innovative subjects such as collaborative problem-solving and financialliteracy. Further, it evaluates whether students can solve mathematical problems or explain phenomenathrough scientific thinking or interpretation of text. The test is taken in the language of instruction that thestudents are familiar with.
Who gives test : There is no hard and fast rule on who can apply to take the test and who cannot. Countries usually volunteer
to take the test. In case, making all 15-year-olds in the country take the test is not feasible, regions areidentified within the country where the test can be conducted. Within the region, individual schools arechosen which are approved by the PISA governing board and evaluated using stringent criteria. Theseschools represent the country’s education system
What is the aim of the test? The aim of the test is not to rank the countries which volunteer to participate in the evaluation, but to give a
comprehensive analysis of how education systems are working in terms of preparing its students for highereducation and subsequent employment. After collecting results from across the world, experts translatethese results into data points which are evaluated to score the countries.
If a country scores well, it suggests that not only does it has an effective education system but an inclusiveone, in which students from privileged and underprivileged backgrounds perform equally well. Further, thetest evaluates whether the education system in these countries teach students adequate social and communityskills, which will enable the students to excel holistically as a member of the workforce. OECD also hopesthat the test will allow countries to learn from each other about effective education policies and improvetheir own systems, using others as examples.
How has India performed in the PISA test? India has participated in the PISA test only once before, in 2009. In this round of PISA, where students
from Himachal Pradesh and Tamil Nadu sat for the test, India ranked 72nd out of 73 countries outranking only Kyrgistan. Since then, India has strayed away from the test until now, for students fromChandigarh will be sitting for the test in 2021. Approximately 1.75 lakh students from governmentschools in Chandigarh, along with 600 Navodaya Vidyalayas and 3,000 Kendra Vidyalayas will take thethree-hour long PISA test in 2021.
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Indian Economy and Economic Development
12. Aerial Seeding
Why in News?
Delhi High Court asked forest authorities whether “planting of seeds could be done by throwing dart shotscontaining them from helicopters into forest areas”.
Aerial Seeding Aerial seeding is a well-established concept, but this is generally achieved not with darts but by spraying
seeds through an aircraft or a drone. Even a variation of dart seeding has been used in the past in Delhi, butthis again was done from the ground itself.
Aerial seeding can be used not only to plant various crops but also to spread grasses to large areas of the landafter wildfires, a common problem in countries like the United States. Aerial seeding is adopted because it isquicker and more effective than planting manually. It also allows access to areas where the terrain is rockyor at high elevation. It has been used with varying degrees of success around the world.
Dart seeding is used with the same broad objective as aerial seeding: a plantation in inaccessible areas.The process involves throwing darts containing seeds onto open ground.
A variation of dart seeding was used in Asola Bhatti Wildlife Sanctuary in the late 1990s, but not with ahelicopter, Delhi Forest Department sources said. The Forest Department used a long iron rod to accessground that could not be reached due to thick cover of shrubs. Seeds were put into the rod, which had asmall opening at the other end. When the rod was inserted into the removed and then removed, the soilwould cover the seed, unlike in aerial plantation when seeds are thrown into open ground. In aerial seeding,many seeds fail to germinate. If dart plantation is done from a low-flying helicopter, seeds have a relativelybetter chance of survival as they reach deeper into the ground.
Plantation with both aerial and dart plantations is carried out close to the onset of monsoon as watering theseeds is often challenging in inaccessible areas.
The current case The High Court has been issuing orders relating to air pollution from time to time and discussed several ideas
with the Chief Conservator of Forests. It raised the possibility of dart seeding as a possible method forincreasing the forest cover in Delhi.
An officer of the Forest Department contended that in Delhi there is no part of the forest, which is inaccessible.He also submitted that there is no need of such technology.
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13. Bharat Bond Exchange Traded Fund (ETF)
Why in News?
The Cabinet Committee on Economic Affairs has given its approval for creation and launch of BharatBond Exchange Traded Fund (ETF) to create an additional source of funding for Central Public SectorUndertakings (CPSUs), Central Public Sector Enterprises (CPSEs), Central Public Financial Institutions(CPFIs), and other government organisations
What is ETF? An exchange-traded fund (ETF) is a type of security that involves a collection of securities—such as
stocks—that often tracks an underlying index, although they can invest in any number of industrysectors or use various strategies. ETFs are in many ways similar to mutual funds; however, they arelisted on exchanges and ETF shares trade throughout the day just like ordinary stock.
Benefits and significance of ETFs : ETFs are cost efficient. Given that they don’t make any stock (or security choices), they don’t use
services of star fund managers.
They allow investors to avoid the risk of poor security selection by the fund manager, while offering adiversified investment portfolio
The stocks in the indices are carefully selected by index providers and are rebalanced periodically.
They offer anytime liquidity through the exchanges.
Bharat 22 Bharat 22 consists of 22 stocks of CPSE’s, PSB’s & strategic holding of SUUTI. Bharat 22 is a well
Diversified portfolio with 6 sectors (Basic Materials, Energy, Finance, FMCG, Industrials & Utilities).
ICICI Prudential AMC will be the ETF Manager and Asia Index Private Limited (JV BSE and S& PGlobal) will be the Index Provider.
Bharat Bond Bharat Bond ETF would be the first corporate bond ETF in the country
The ETF will comprise a basket of bonds issued by the CPSEs, CPSUs, CPFIs, and other governmentorganisations and all will be initially AAA-rated bonds.
The unit size of the bond has been kept at just ¹ 1,000 so that retail investors can invest and it’s not amatter of having crores to investo.
The low unit value of 1,000 would help deepen India’s bond market as it will encourage the participationof those retail investors who are currently not participating in bond markets due to liquidity and accessibilityconstraints.
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Each ETF will have a fixed maturity date and initially they will be issued in two series, of three years and10 years.
Bond ETF will provide safety (underlying bonds are issued by CPSEs and other government-ownedentities), liquidity (tradability on exchange) and predictable tax efficient returns
On the issuer side, the bond ETFs are expected to offer CPSEs, CPSUs, CPFIs and other governmentorganisations an additional source of meeting their borrowing requirements, apart from bank financing.
It will expand their investor base through retail and HNI [high net worth individual] participation, whichcan increase demand for their bonds.
With increase in demand for their bonds, these issuers may be able to borrow at reduced cost therebyreducing their cost of borrowing over a period of time.
14. Labour Codes
Why in News? Union Cabinet has approved the fourth labour code — the Code on Social Security Bill 2019. The bill
seeks to consolidate the laws relating to social security of workers and subsume eight central laws.
Four Labour Codes Code on Wage
Code on occupational safety, health and working conditions
Industrial Relations Code Bill, 2019
Code on Social Security Bill 2019
Highlights Insurance, PF, life cover for unorganized sector employees:
The draft code says the “Central Government shall formulate and notify, from time to time, suitablewelfare schemes for unorganised workers on matter relating to life and disability cover; health andmaternity benefits; old age protection; and any other benefit as may be determined by the centralgovernment”.
While framing of schemes, the draft says the states may also formulate and notify suitable initiativesfor unorganized workers, including schemes relating to provident fund, employment injury benefit,housing, educational scheme for their children, old age and funeral assistance.
Bulk of India’s labour force is in informal sector and a move looks forward looking but most of keyinitiatives it suggest may be the decision of the states with little contribution from the centre. Theremay be unorganized sector social security boards at the centre and state levels.
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Corporatization of EPFO and ESIC : The pension, insurance and retirement saving bodies including EPFO and ESIC will be body corporate.
The world body corporate has been added in the draft and may bring in a departure from thecurrent autonomous body status of such organization. The draft also talks about appointment ofchief executive officers (CEOs) in these organization indicating that the labour minister, laboursecretary, the central PF commissioner and Director General of ESIC may not be by default thehead of such organizations.
It means, the EPFO may become a more structured national body with its entire Rs. 11 trillioncorpus under the responsibility of a central government-appointed chairman. Currently EPFO isheaded by the labour minister chaired central board of trustees.
“The Central Government shall also appoint a Financial Advisor and Chief Accounts Officer toassist the Chief Executive Officer in the discharge of his duties,” draft code said. “The CentralBoard shall be a body corporate, having perpetual succession…”
Benefits for Gig workers: As per the draft social security code, the “Central Government may formulate and notify, from time
to time, suitable social security schemes for gig workers and platform workers” and such schemeswould encompass issues like “life and disability cover”, “health and maternity benefits” , “old ageprotection” and “any other benefit as may be determined by the Central Government”.
Though the exact number of gig workers are unknown as they are still figuring out whether they areformal workers or informal workers or independent entrepreneurs, a 2017 study by consulting firmEY has said that nearly one out four gig workers in the world are from India. The draft proposalcomes as California on Wednesday approved a law for wage benefit and protection for gig workerssuch as those working in taxi aggregating companies like Uber and Lyft. Like Ola in India, Lyft is apopular tax aggregator in the US.
Maternity Benefit:
every woman shall be entitled to, and her employer shall be liable for, the payment of maternitybenefit at the rate of the average daily wage for the period of her actual absence, that is to say,the period immediately preceding the day of her delivery, and any period immediately followingthat day.
For the purposes of this sub-section, the average daily wage means the average of the woman’swages payable to her for the days on which she has worked during the period of three calendarmonths immediately preceding the date from which she absents herself on account of maternity,subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019.
The Social Security Code will subsume 8 Central Labour Acts namely.
Employees’ Compensation Act, 1923.
Employees‘ State Insurance Act, 1948,
Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952.
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Maternity Benefit Act, 1961.
Payment of Gratuity Act, 1972;
Cine Workers Welfare Fund Act, 1981;
Building and Other Construction Workers Cess Act, 1996 and
Unorganized Workers‘ Social Security Act, 2008.
15. Lending Platform
Why in News?
Xiaomi on Tuesday formally launched its digital lending platform Mi Credit, in India, which can aid userswith a personal loan of up to ¹ 1 lakh.
Mi Credit
Mi Credit is an online curated marketplace for lending to offer the best personal loans...People can get upto 1 lakh of loan and the process takes minimal time
P2P lending
Peer-to-peer lending, also abbreviated as P2P lending, is the practice of lending money to individuals orbusinesses through online services that match lenders with borrowers. Peer-to-peer lending companiesoften offer their services online, and attempt to operate with lower overhead and provide their servicesmore cheaply than traditional financial institutions.
As a result, lenders can earn higher returns compared to savings and investment products offered bybanks, while borrowers can borrow money at lower interest rates even after the P2P lending companyhas taken a fee for providing the match-making platform and credit checking the borrower.
Also known as crowdlending, many peer-to-peer loans are unsecured personal loans, though some of thelargest amounts are lent to businesses. Secured loans are sometimes offered by using luxury assets suchas jewelry, watches, vintage cars, fine art, buildings, aircraft, and other business assets as collateral. Theyare made to an individual, company or charity. Other forms of peer-to-peer lending include student loans,commercial and real estate loans, payday loans, as well as secured business loans, leasing, and factoring
16. Loans Written Off
Why in News?
‘80,893 cr. loans written off by banks in first half of FY20’
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About
A write-off is an accounting action that reduces the value of an asset while simultaneously debiting aliabilities account. It is primarily used in its most literal sense by businesses seeking to account for unpaidloan obligations, unpaid receivables, or losses on stored inventory. Generally it can also be referred tobroadly as something that helps to lower an annual tax bill.
17. Nation wide Artificial Insemination Programme (NAIP)
Why in News?
The Nation wide Artificial Insemination Programme (N.A.I.P) which was recently launched by PM covering600 chosen districts including aspirational districts as identified by NITI Aayog.
Nationwide Artificial Insemination Programme
The NAIP is a campaign mode genetic upgradation program covering all breeds of bovines to enhance themilk production using low cost breeding technology.
It aims for improving genetic merit of milch animals with high quality seed.
The gestation period for getting the benefits from the AI bovine is approximately 3 years.
A mission mode project
The aim of the program is to inseminate over 1 crore bovines in 6 months.
The rate of Artificial Insemination is continuously increasing and has reached an average of 25,000animals per day so far.
8 Lakh Artificial Inseminations has been performed under this programme benefitting more than 3.7 lakhfarmers as on 29th November, 2019.
Pashu Aadhaar
The NAIP also aims to ear-tag them with ‘PashuAadhaar’ which is a unique identification provided tothe animals.
This will enable the Government to identify and track the animals uniquely with all details such as thebreed, age, gender and owner details.
Every cow and buffalo under AI will be tagged and can be tracked through the Information Network onAnimal Productivity and Health (INAPH) Data base.
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18. New Margining System
Why in News? The new margining system for commodity derivatives markets, which was announced by the Securities
and Exchange Board of India (SEBI) on Friday last, has plugged a systemic issue wherein penalties werebeing levied on members even though there was no shortage of margins.
Margin Margin refers to money borrowed from a brokerage to trade securities.
Margin trading therefore refers to the practice of using borrowed funds from a broker to trade a financialasset, which forms the collateral for the loan from the broker.
A margin account is a standard brokerage account in which an investor is allowed to use the current cashor securities in their account as collateral for a loan.
The collateralized loan comes with a periodic interest rate that the investor must repay to the broker.
Leverage conferred by margin will tend to amplify both gains and losses. In the event of a loss, a margincall may require your broker to liquidate securities without prior consent.
19. Purchasing Manager’s IndexWhy in News? The Nikkei India Manufacturing Purchasing Managers’ Index rose to 51.2 in November, up from 50.6 in
October. A reading above 50 implies an expansion in activity, while a reading below 50 denotes contraction.
PMI PMI or a Purchasing Managers’ Index (PMI) is an indicator of business activity — both in the manufacturing
and services sectors. It is a survey-based measures that asks the respondents about changes in theirperception of some key business variables from the month before. It is calculated separately for themanufacturing and services sectors and then a composite index is constructed.
Significance The PMI also gives an indication of corporate earnings and is closely watched by investors as well as the
bond markets. A good reading enhances the attractiveness of an economy vis-a- vis another competingeconomy. For instance, India’s manufacturing activity as measured by the PMI expanded to 57.6 5 inJuly, while for China it dipped for the first time in over a year.
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Environment and Ecology, Geography,Disaster Managment
20. Deemed ForestWhy in News? The Union Environment Ministry is likely to challenge a recent notification by the Uttarakhand Forest
Department on its definition of a “deemed forest”.
About The SC, in a Dec 12, 1996 judgement, had broadened the definition of forest to include not just land
classified as forest under forest or revenue departments, but also those that are forests according to thedefinition of a forest.
There are forests that are notified either with the forest department or revenue department.
Then there are those areas that are like forests but are neither recorded, nor notified. The Supreme Courthad ordered that the states identify and classify these as deemed forests.
Deemed forests are already a legal category of forests in some states and they are not defined accordingto the dictionary definition.
Section 2 in The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)Act, 2006. forest land” means land of any description falling within any forest area and includes unclassified
forests, undemarcated forests, existing or deemed forests, protected forests, reserved forests,Sanctuaries and National Parks;
21. Global Climate Risk IndexWhy in News? Recently released by environmental think-tank Germanwatch, rated Japan as the most-affected country
in 2018, while Germany was in third position.
Worsening heatwaves are taking a heavier toll on rich as well as poor countries
Highlights The countries and territories affected most in 2018 were Japan, the Philippines as well as Germany. For
the period from 1999 to 2018 Puerto Rico, Myanmar and Haiti rank highest.
Across Europe, extreme heat spells are now up to 100 times more likely than a century ago
This year’s 15th edition of the analysis reconfirms earlier results of the Climate Risk Index: Less developedcountries are generally more affected than industrialised countries. Regarding future climate change, theClimate Risk Index may serve as a red flag for already existing vulnerability that may further increase in
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regions where extreme events will become more frequent or more severe due to climate change. But the2018 heatwaves and droughts also proved: High income countries feel climate impacts more clearly thanever before. Effective climate change mitigation is therefore in the self-interest of all countries world wide.
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India
India is @5th Position which suffered water shortages, crop failures and worst flooding
22. Operation Clean Art
Why in News?
In first pan-India operation, raids carried out in U.P, Rajasthan, Maharashtra and Kerala, 49 arrests madeand 27 cases registered
What it is? Operation Clean Art was the first pan India operation to crack down on the smuggling of mongoose hair in
the country. There are six species of mongoose found in India and we have mostly recovered [in theraids] grey mongoose [hair],
an adult mongoose yields over 30-40 gm of long hair, from which only 20-25 gm of “brush-making hair”is recovered.
The mongoose is listed in Schedule II Part 2 of the Wildlife Protection Act and any smuggling or possessionof its body part is a non-bailable offence.
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Science and Technology, Defense, Health,Education
23. Foreign Contribution Regulation Act (FCRA)
Why in News? As many as 14,500 NGOs, registered under the Foreign Contribution Regulation Act (FCRA), were
banned in the last five years from receiving funds from abroad.
About FCRA The Foreign Contribution (regulation) Act, 2010 is an act of the Parliament of India, by the 42nd Act of
2010. It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contributionor foreign hospitality by certain individuals or associations or companies and to prohibit acceptance andutilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interestand for matters connected therewith or incidental there to
It is designed to correct shortfalls in the predecessor act of 1976.
Salient Features of the Act Any association granted prior permission or registered with the Central Government under Section 6 or
under the repealed FCRA, 1976, shall be deemed to have been granted prior permission or registered, asthe case may be, under FCRA, 2010 and such registration shall be valid for a period of five years fromthe date on which the new Act has come into force.
While the provisions of the repealed FCRA, 1976 have generally been retained, the FCRA, 2010 is animprovement over the repealed Act as more stringent provisions have been made in order to preventmisutilisation of the foreign contribution received by the associations.
Any organisation of a political nature and any association or company engaged in the production andbroadcast of audio or audio visual news or current affairs programme have been placed in the categoryprohibited to accept foreign contribution.
A new provision has been introduced to the effect that no person who receives foreign contribution as perprovisions of this Act, shall transfer to other person unless that person is also authorized to receive foreigncontribution as per rules made by the Central Government.
Another new provision has been made to the effect that foreign contribution shall be utilized for thepurpose for which it has been received and such contribution can be used for administrative expenses upto 50% of such contribution received in a financial year.
However, administrative expenses exceeding fifty per cent of the contribution to be defrayed with theprior approval of the Central Government.
New provisions have been made for suspension as well as cancellation of registration granted for violationof the provisions of the Act. Such provisions did not exist in the repealed Act.
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New provision has also been made for management of foreign contribution and assets created out of suchcontribution of persons whose certificates have been cancelled.
Under the repealed Act, there was no time limit regarding the validity of registration certificate granted tothe associations etc. for accepting foreign contribution. FCRA, 2010 provides that the certificate grantedshall be valid for a period of five years and the prior permission shall be valid for the specific purpose orspecific amount of foreign contribution for which permission was granted. Further, every person who hasbeen granted a certificate shall renew it within six months before the expiry of the period of certificate.
No funds other than foreign contribution shall be deposited in the FC account to be separately maintainedby the associations etc. Every bank shall report to such authority, as may be prescribed, the amount offoreign remittance received, sources and manner and other particulars.
Provision has been made for inspection of accounts if the registered person or person to whom priorpermission has been granted fails to furnish or the intimation given is not in accordance with law.
A new provision has been introduced to the effect that the assets of any person who has become defunctshall be disposed of in such manner as may be, specified by the Central Government.
A new provision has been introduced to the effect that any person, who knowingly gives false intimationand seeks prior permission or registration by means of fraud, false representation or concealment ofmaterial fact, shall, on conviction by Court, would be liable to imprisonment for a term which may extendto six months or fine or with both.
Any person contravening the provisions of the Act shall be punishable with imprisonment for a termwhich may extend to five years or with fine or with both.
Salient Features of the Rules. Guidelines for declaration of an organisation to be of a political nature, not being a political party
have been prescribed.
Activities to be treated as speculative activities have been defined.
Expenditure constituting ‘Administrative expenses’ has been clearly defined.
Modalities for submission of application for obtaining registration or prior permission to receive foreigncontribution have been given in detail in the Rules and Forms for filing the applications.
The applications for obtaining registration or prior permission shall have to be made electronically on-line,and shall have to be followed by forwarding the hard copy of the on-line application, duly signed, togetherwith the required documents within thirty days of the submission of the on-line application, failing whichthe request of the person shall be deemed to have ceased.
Any person whose request has ceased shall be able to prefer a fresh on-line application only after sixmonths from the date of cessation of the previous application.
No person would be permitted to prefer a second application for registration or prior permission within aperiod of six months after submitting an application either for the grant of prior permission for the sameproject or for registration.
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A new provision has been made for submission application fee. The fee for obtaining registration or priorpermission would be Rs. 2000/- and Rs. 1000/- respectively.
Applications made for registration or prior permission under the repealed FCRA, 1976 but not disposed ofbefore the date of commencement of these rules shall be deemed to be an application for registration orprior permission, as the case may be, under the new Rules, subject to the condition that the applicantfurnishes the prescribed fees for such registration or prior permission, as the case may be.
Every person who has been granted registration or prior permission shall maintain a separate set of accountsand records, exclusively, for the foreign contribution received and utilised.
Every certificate of registration issued to a person shall be liable to be renewed after the expiry of five yearsfrom the date of its issue on proper application and application for its renewal shall have to be made in theprescribed form accompanied by a fee of Rs.500/- six months before the date of expiry of the certificate ofregistration. A person implementing an ongoing multi-year project shall apply for renewal twelve monthsbefore the date of expiry of the certificate of registration.
In case no application for renewal of registration is received or such application is not accompanied by therequisite fee, the validity of the certificate of registration of such person shall be deemed to have ceasedfrom the date of completion of the period of five years from the date of the grant of registration. If thevalidity of the certificate of registration of a person has ceased in accordance with the provisions of theserules, a fresh request for the grant of a certificate of registration may be made by the person to the CentralGovernment as per the provisions of the Rules.
In case a person who has been granted a certificate of registration or prior permission receives foreigncontribution in excess of one crore rupees, or equivalent thereto, in a financial year, he/it shall place thesummary data on receipts and utilisation of the foreign contribution pertaining to the year of receipt as wellas for one year thereafter in the public domain. Besides, the Central Government shall also display orupload the summary data of such persons on its website for information of the general public.
In case the certificate of registration is suspended under the relevant provisions the Act, up to twenty-fiveper cent of the unutilised amount may be spent, with the prior approval of the Central Government, for thedeclared aims and objects for which the foreign contribution was received. The remaining seventy-five percent of the unutilised foreign contribution shall be utilised only after revocation of suspension of thecertificate of registration.
The amount of foreign contribution lying unutilised in the exclusive foreign contribution bank account of aperson whose certificate of registration has been cancelled shall vest with the banking authority concernedtill the Central Government issues further directions in the matter.
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If a person whose certificate of registration has been cancelled transfers/has transferred the foreign contributionto any other person, the provisions of sub-rule (1) of this rule shall apply to the person to whom the fundhas been transferred.
Every bank shall send a report to the Central Government within thirty days of any transaction in respectof receipt of foreign contribution by any person who is required to obtain a certificate of registration orprior permission under the Act, but who was not granted such certificate or prior permission as on the dateof receipt of such remittance. The report shall contain the details regarding name and address of the donor,name and address of the recipient, account number, name of the Bank and Branch, amount of foreigncontribution (in foreign currency as well as Indian Rupees), date of receipt, manner of receipt of foreigncontribution (cash/cheque/electronic transfer etc.).
The bank shall also send a report containing the above details to the Central Government within thirty daysfrom the date of such last transaction in respect of receipt of any foreign contribution in excess of one crorerupees or equivalent thereto in a single transaction or in transactions within a duration of thirty days, by anyperson, whether registered or not under the Act.
Every person who receives foreign contribution under the Act shall submit a report, duly certified by achartered accountant, in the prescribed Form, accompanied by an income and expenditure statement,receipt and payment account, and balance sheet for every financial year beginning on the 1st day of Aprilwithin nine months of the closure of the financial year, to the Secretary to the Government of India,Ministry of Home Affairs, New Delhi.
The annual return in the prescribed Form shall reflect the foreign contribution received in the exclusivebank account and include the details in respect of the funds transferred to other bank accounts for utilisation.If the foreign contribution relates to articles or foreign securities, the intimation shall be submitted in theprescribed Forms.
Every such return in shall also be accompanied by a copy of a statement of account from the bank wherethe exclusive foreign contribution account is maintained by the person, duly certified by an officer of suchbank. The accounting statements referred to above shall be preserved by the person for a period of sixyears. A ‘NIL’ report shall be furnished even if no foreign contribution is received during a financial year.
Foreign contribution received by a candidate for election, referred to in section 21, shall be furnishedin the prescribed Form within forty-five days from the date on which he is duly nominated as acandidate for election.
An application for revision of an order passed by the competent authority under the Act shall be made tothe Secretary, Ministry of Home Affairs, Government of India, New Delhi on a plain paper. It shall beaccompanied by a fee of Rs.1000/.
An application for the compounding of an offence may be made to the Secretary, Ministry of HomeAffairs, on a plain paper and shall be accompanied by a fee of Rs.1000/-.
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The Central Bureau of Investigation or any other Government investigating agency that conducts anyinvestigation under the Act shall furnish reports to the Central Government, on a quarterly basis, indicatingthe status of each case that was entrusted to it, including information regarding the case number, date ofregistration, date of filing charge sheet, court before which it has been filed, progress of trial, date ofjudgment and the conclusion of each case.
Any information or intimation about political or speculative activities of a person shall be furnished to theSecretary to the Government of India in the Ministry of Home Affairs, New Delhi. Such information orintimation shall be sent by registered post.
Any person intending to transfer the foreign contribution may make an application to the Central Governmentin the prescribed Form. The Central Government may permit the transfer in respect of a person who hasbeen granted the certificate of registration or prior permission under, in case the recipient person has notbeen proceeded against under any provision of the Act. Any transfer of foreign contribution shall bereflected in the prescribed returns by the transferor and the recipient.
In case the foreign contribution is proposed to be transferred to a person who has not been granted acertificate of registration or prior permission by the Central Government, the person concerned may applyfor permission to the Central Government to transfer a part of the foreign contribution, not exceeding tenper cent, of the total value of the foreign contribution received. The application shall be countersigned bythe District Magistrate having jurisdiction in the place where the transferred funds are sought to be utilised.The District Magistrate concerned shall take an appropriate decision in the matter within sixty days of thereceipt of such request from the person. The donor shall not transfer any foreign contribution until theCentral Government has approved the transfer.
The Foreign Contribution (Regulation) Act, 2010 (42 of 2010) dated the 26th September, 2010 wasnotified in The Gazette of India – Extraordinary – Part II - Section I dated the 27th September, 2010.However, the Act was to come into force on such date as the Central Government may, by notification inthe Official Gazette appoint. Consequently, the earlier Act, viz., the Foreign Contribution (Regulation) Act,1976 has also been repealed.
24. Gujarat Terror Law
Why in News? The Gujarat Control of Terrorism and Organised Crime (GCTOC) Act which received President’s this
month comes into effect on December 1.
An edge over MCOCA The anti-terrorism law, which three Presidents had returned to the state, draws heavily from The Maharashtra
Control of Organised Crime Act (MCOCA), 1999, with two significant differences .
The checks on interception of communication that are part of the Maharashtra law are missing in theGujarat law; and the definition of “terrorist act” in the GCTOCA also covers “intention to disturbpublic order”.
These differences make the Gujarat law tougher and broader in scope than MCOCA.
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Interception in MCOCA Five MCOCA sections (13, 14, 15, 16, and 27) deal with the interception of communication.
The law states that the interception, if approved by the competent authority, cannot be for more than 60days and that an extension would require permission.
The application for extension must include a statement of the results of the interception thus far, or areasonable explanation for the failure to obtain results.
Extension, if granted, cannot be for more than 60 days.
The law provides for a panel to review the orders of the competent authority, and stipulates a prison termof up to a year for unauthorized interception or violation of the rules of interception.
The analysis of the utility of the interceptions must be submitted to the Maharashtra Assembly within threemonths of the end of the calendar year.
Who can intercept the calls? A police officer of the rank of SP or above is required to supervise the investigation and to submit the
application seeking authorisation for the interception of electronic or oral communication.
The law specifies various details that the application must mention.
Interception is allowed only if the investigating agency states that other modes of intelligence gatheringhave been tried, and have failed.
The competent authority shall be an officer of the state Home department, not below the rank of Secretaryto the government.
In urgent cases, an officer of the rank of Additional DGP or above can authorise interception, but anapplication must be made to the competent authority within 48 hours of the ADGP’s order.
How is GCTOCA more powerful? The Gujarat law deals only with the admissibility of evidence collected through interception, and do not
mention the procedure for intercepting communication.
Its section 14 mirrors a corresponding section of MCOCA, and adds: “Notwithstanding anything containedin CrPC, 1973 or in any other law for the time being in force, the evidence collected shall be admissible asevidence against accused in the court during trial of case.”
“Any other law” is not defined.
GCTOCA also has no provision similar to the annual report mandated in the MCOCA.
Definition of ‘terrorist act’ The Gujarat law’s definition of a “terrorist act” is similar to the one in the repealed Prevention of Terrorism
Act (POTA), 2002, but includes “an act committed with the intention to disturb public order”.
A prosecutor in Gujarat said that the widening of the definition “allows, say, the Patidar agitation to bedescribed as an act of terrorism, allowing stricter punishment”.
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This prosecutor underlined that The Unlawful Activities (Prevention) Act (UAPA), 1967, India’s maincentral anti-terror law, “does not allow an agitation of such form or scale (to be called) ‘terrorism’, and isinstead covered under IPC sections, (and) the law of sedition, (which) is not effective enough for stringentpunishment”.
The Gujarat law defines a terrorist act as “an act committed with the intention to disturb public order orthreaten the unity, integrity and security of the State or to strike terror in the minds of the people or anysection of the people”
Argument for Gujarat law The government could, while framing the Rules, introduce the checks and balances that are absent in the
Gujarat terror law.
In case this is not done, there is also the provision where the court can ask the state government to frameRules to this effect.
The constitutional validity of the law can be challenged on a “case-specific” basis.
With respect to GCTOC, there is a competing interest of law and order versus privacy. However, onlytime will tell how communication interception is used, and is interpreted.”
The definition of “terrorist act” was “very wide” — however, there were mechanisms built into the law tolimit it.
The first check is the registration of FIR that can be done by an officer of rank SP or above. Ordinarily, ifthe power to register FIR is given to a sub-inspector- or inspector-level officer, it can be misused.
Secondly, assuming that the FIR is registered with a political motive, there is the provision that aftersubmission of chargesheet, sanction from the state government is required before the court takes cognizance.
While the GCTOC Act does grant power to the executive with respect to the investigation process, therewere similar provisions under previous laws TADA and POTA, both now repealed.
25. Kyasanur Forest Disease (KFD)
Why in News? Fearing that the establishment of a monkey park near human habitation may trigger diseases such as
Kyasanur Forest Disease (KFD), the residents of the Nittur gram panchayat limits in Hosanagar taluk herein Karnataka have opposed the proposal.
About the Disease: KFD is caused by the Kyasanur Forest Disease Virus (KFDV). The virus was identified in 1957 when it
was isolated from a sick monkey from the Kyasanur Forest. Since then, between 400-500 humans casesper year have been reported.
Hard ticks (Hemaphysalisspinigera) are the reservoir of the KFD virus and once infected,remain so for life.
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Rodents, shrews, and monkeys are common hosts for KFDV after being bitten by an infected tick. KFDVcan cause epizootics with high fatality in primates.
Transmission: Transmission to humans may occur after a tick bite or contact with an infected animal, most importantly a
sick or recently dead monkey. No person-to-person transmission has been described.
The disease as of now is stated to be transmitted through monkeys. Large animals such as goats, cows,and sheep may become infected with KFD but play a limited role in the transmission of the disease.
These animals provide the blood meals for ticks and it is possible for infected animals with viremia toinfect other ticks, but transmission of KFDV to humans from these larger animals is extremely rare.Furthermore, there is no evidence of disease transmission via the unpasteurised milk of any of theseanimals.
Symptoms: After an incubation period of 3-8 days, the symptoms of KFD begin suddenly with chills, fever, and
headache. Severe muscle pain with vomiting, gastrointestinal symptoms and bleeding problems may occur3-4 days after initial symptom onset. Patients may experience abnormally low blood pressure, and lowplatelet, red blood cell, and white blood cell counts.
After 1-2 weeks of symptoms, some patients recover without complication. However, the illness is biphasicfor a subset of patients (10-20 %) who experience a second wave of symptoms at the beginning of thethird week. These symptoms include fever and signs of neurological manifestations, such as severe headache,mental disturbances, tremors, and vision deficits.
Vulnerable Group: People with recreational or occupational exposure to rural or outdoor settings (e.g., hunters, herders, forest
workers, farmers) are potentially at risk for infection by contact with infected ticks.
Seasonality is another important risk factor as more cases are reported during the dry season, from Novemberthrough June.
Diagnosis: Diagnosis can be made in the early stage of illness by molecular detection by PCR or virus isolation from
blood. Later, serologic testing using enzyme-linked immunosorbent serologic assay (ELISA) can beperformed.
Prevention: Doctors say there is no specific treatment for KFD, but early hospitalisation and supportive therapy is
important. Supportive therapy includes the maintenance of hydration and the usual precautions for patientswith bleeding disorders.
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A vaccine does exist for KFD and is used in endemic areas of India. Additional preventative measuresinclude insect repellents and wearing protective clothing in areas where ticks are endemic.
26. Personal Data Protection Bill
Why in News?
The Union Cabinet on Wednesday approved the introduction of the Personal Data Protection Bill inParliamentAbout
The draft bill, the Personal Data Protection Bill, 2018, was prepared by a high-level expert committeeheaded by former Supreme Court judge B.N. Srikrishna.
Highlights of the Bill The Bill regulates the processing of personal data of individuals (data principals) by government and
private entities (data fiduciaries) incorporated in India and abroad. Processing is allowed if the individualgives consent, or in a medical emergency, or by the State for providing benefits.
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The data principal has several rights with respect to their data, such as seeking correction or seekingaccess to their data which is stored with the fiduciary.
The fiduciary has certain obligations towards the individual while processing their data, such as notifyingthem of the nature and purposes of data processing.
The Bill allows exemptions for certain kinds of data processing, such as processing in the interest ofnational security, for legal proceedings, or for journalistic purposes.
The Bill requires that a serving copy of personal data be stored within the territory of India. Certaincritical personal data must be stored solely within the country.
A national-level Data Protection Authority (DPA) is set up under the Bill to supervise and regulate datafiduciaries.
Key Features Definitions: The Bill defines (i) ‘personal data’ as any information which renders an individual identifiable,
(ii) data ‘processing’ as any operation, including collection, manipulation, sharing or storage of data, (iii)‘data principal’ as the individual whose personal data is being processed, (iv) ‘data fiduciary’ as the entityor individual who decides the means and purposes of processing data, and (v) ‘data processor’ as theentity or individual who processes data on behalf of the fiduciary.
Territorial applicability: The Bill governs the processing of personal data by (i) both government andprivate entities incorporated in India, and (ii) entities incorporated overseas, if they systematically dealwith data principals within the territory of India. The central government may exempt Indian entities exclusively dealing with data principals outside theterritory of India by a notification.
Grounds for data processing: The Bill allows data processing by fiduciaries if consent is provided bythe individual. However, in certain circumstances, processing of data may be permitted without theconsent of the individual. These include (i) any function of Parliament or state legislature, or if requiredby the State for providing benefits to the individual, (ii) if required under law or for compliance withany court judgement, (iii) to respond to a medical emergency, or a breakdown of public order, (iv)purposes related to employment, such as recruitment, or, (v) for reasonable purposes specified by theData Protection Authority with regard to activities such as fraud detection, debt recovery, credit scoring,and whistle blowing.
Sensitive personal data: Sensitive personal data is defined in the Bill to include passwords, financialdata, biometric and genetic data, caste, religious or political beliefs. The Bill specifies more stringentgrounds for processing of sensitive personal data, such as seeking explicit consent of an individual prior toprocessing.
Rights of the data principal: The Bill sets out certain rights of the data principal whose data is beingprocessed. These include (i) the right to obtain a summary of their personal data held with the datafiduciary, (ii) the right to seek correction of inaccurate, incomplete, or outdated personal data, (iii) theright to have personal data transferred to any other data fiduciary in certain circumstances, and (iv) theright ‘to be forgotten’, which allows the data principal to restrict or prevent continuing disclosure oftheir personal data.
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Obligations of the data fiduciary:The Bill lays down certain obligations on the data fiduciary who is processing personal data. Theseinclude (i) processing personal data in a fair and reasonable manner, (ii) notifying the data principal of thenature and purposes of data collection, and their rights, among others, and (iii) collecting only as muchdata as is needed for a specified purpose, and storing it no longer than necessary.
Exemptions: The Bill provides exemptions to certain data processing activities. It states that processingof an individual’s personal data will not be subject to the obligations specified, and the data principal willnot have the rights defined in the Bill, if their personal data is processed for the purposes of (i) nationalsecurity (pursuant to a law), (ii) prevention, detection, investigation and prosecution of contraventions toa law, (iii) legal proceedings, (iv) personal or domestic purposes, and (v) journalistic purposes.
The only restrictions on data processing for these purposes are those of (i) processing personal data in afair and reasonable manner, and (ii) ensuring appropriate security safeguards while processing the data.
Data processing for research purposes may also be exempted to the extent specified by the Data ProtectionAuthority set up under the Bill. Small entities having turnover of less than twenty lakh rupees, manuallyprocessing data of less than one hundred data principals are also exempt from most provisions of the Bill.
Data Protection Authority: The Bill provides for the establishment of a Data Protection Authority(DPA). The DPA is empowered to (i) draft specific regulations for all data fiduciaries across differentsectors, (ii) supervise and monitor data fiduciaries, (iii) assess compliance with the Bill and initiateenforcement actions, and (iv) receive, handle and redress complaints from data principals. It shall consistof a chairperson and six members, with knowledge of at least ten years in the field of data protection andinformation technology.
The DPA shall have a separate adjudication wing to impose penalties and award compensation. AdjudicatingOfficers shall be specialists with at least seven years of professional experience in subjects including cyberand constitutional law, and data protection. Orders of the DPA can be appealed to an appellate Tribunalset up by the central government, and appeals from the Tribunal will go to the Supreme Court.
Cross-border storage of data: The Bill states that every fiduciary shall keep a ‘serving copy’ of allpersonal data in a server or data centre located in India. The central government may notify certaincategories of personal data as exempt from this requirement on grounds of necessity or strategic interestsof the State. The central government may also notify certain categories of personal data as ‘criticalpersonal data’, which may be processed only in servers located in India.
Transfer of data outside the country: Personal data (except sensitive personal data which is ‘critical’)may be transferred outside India under certain circumstances. These include cases where (i) the centralgovernment prescribes that transfers to a particular country are permissible, or (ii) the DPA approves thetransfer in a situation of necessity.
Offences and penalties: Under the Bill, the DPA may levy penalties on the fiduciary for variouscontraventions to the law. These include failure to comply with (i) data processing obligations, (ii) directionsissued by the DPA, and (iii) cross-border data storage and transfer requirements. For example, thefiduciary has to notify the DPA of any data breach which is likely to cause harm to the principal. Failureto promptly notify the DPA can attract a penalty of the higher of five crore rupees or two percent of theworldwide turn over of the fiduciary.
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Further, any person who obtains, discloses, transfers, sells or offers to sell personal and sensitive personaldata shall be punishable with imprisonment ranging up to five years, or a fine of up to three lakh rupees.
27. Polar Science CooperationWhy in News? India and Sweden are likely to sign their first maritime cooperation agreement, Cooperation in Polar
Science
India & Sweden Polar Science Innovation & Research Maritime Spheres Tore faction: covert rice stubble to bio coal
Polar Science Program Arctic
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Arctic : India initiated its Arctic Research Program in 2007 with thrust on climate change in the circumpolar north.
The major objectives of the Indian Research in Arctic Region are as follows:
To study the hypothesized tele-connections between the Arctic climate and the Indian monsoon by analyzingthe sediment and ice core records from the Arctic glaciers and the Arctic Ocean.
To characterize sea ice in Arctic using satellite data to estimate the effect of global warming in the northernpolar region.
To conduct research on the dynamics and mass budget of Arctic glaciers focusing on the effect of glacierson sea-level change.
To carry out a comprehensive assessment of the flora and fauna of the Artic vis-àvis their response toanthropogenic activities. In addition, it is proposed to undertake a comparative study of the life formsfrom both the Polar Regions.
Research Stations in the Arctic
Himadri – India launched its first scientific expedition to the Arctic Ocean in 2007 and opened a researchbase named “Himadri” at the International Arctic Research Base at Ny-Alesund, Svalbard, Norway in July2008 for carrying out studies in disciplines like Glaciology, Atmospheric Sciences & Biological Sciences.
ANTARCTIC Many countries have set up research stations in Antarctica to study the climate, weather, geology, and
wildlife of this unique region.
The Indian Antarctic Program is a multi-institutional program under the control of the National Centre forAntarctic and Ocean Research, Ministry of Earth Sciences, Government of India. It was initiated in 1981with the first Indian expedition to Antarctica. Under the program, atmospheric, biological, earth, chemical,and medical sciences are studied.
Indian Research Stations in AntarcticaS No. Station Description
1. Dakshin Gangotri(1981) 1. India’s first research station in Antarctica.
2. Currently being used as a supply base and transit camp
2. Maitri(1989) 1. Located on theSchirmacher Oasis and has been conducting
experiments in geology, geography and medicine
2. A freshwater lake was built around Maitri- Lake Priyadarshini
3. Bharati(2015) 1. Located beside Larsemann Hills and conducts oceano graphicresearch.
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Antarctic Treaty System The Antarctic Treaty and related agreements, collectively known as the Antarctic Treaty System
(ATS), regulate international relations with respect to Antarctica, Earth’s only continent without anative human population.
The treaty entered into force in 1961 and currently has 53 parties.
The treaty sets aside Antarctica as a scientific preserve, establishes freedom of scientific investigation andbans military activity on the continent.
India officially acceded to the Antarctic Treaty System in 1983.
Accomplishments of Indian scientific community in Antarctica1. Identification of a number of new species of bacteria from the cold habitats of Antarctica- 30 out of 240
new species discovered so far have been by Indian scientists.
2. Identification of new genes from the bacteria as genes required for the survival of bacteria at low temperature.
3. Identification of a number of lipases and proteases active at low temperatures and useful for thebiotechnology industry.
4. Preparation of comprehensive geological and geomorphological maps of the Schirmacher Oasis.
5. Studies of cold adaptability of human beings in the harsh environment of Antarctica which have providedsignificant baseline data for use in similar studies on India’s armed forces serving in the Himalaya.
Himansh A centre has been established as a part of Indian government’s initiative to study and quantify the Himalayan
glacier responses towards climate change.
Significance of HIMANSH
Help researchers to quantify the glacier melting and its relation to changing climate.
For undertaking surveys using Terrestrial Laser Scanners (TLS) and Unmanned Aerial Vehicles (UAV).
Help indigitizing the glacier motion and snow cover variations with utmost precision.
Some of the glacier that are already being studied under this project include Bada Shigri, SamudraTapu,Sutri Dhaka, Batal, Gepang Gath and Kunzam.
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More News
28. Chagos Archipelago
Why in News?
In a heated statement, Mauritius has called the UK an “illegal colonial occupier” of Chagos Island after it
ignored a UN mandated deadline to return Islands. The UN had given UK six months to process the
transfer, a move the UK and the US have bitterly resisted.
Chagos
Mauritius has argued that the Chagos Islands has been a part of its territory since at least the 18th century.
The UK broke the archipelago away from Mauritius in 1965 and the islands of Aldabra, Farquhar, and
Desroches from the Seychelles in the region to form the British Indian Ocean Territory.
In June 1976, after the Seychelles gained independence from the United Kingdom, the islands of Aldabra,
Farquhar, and Desroches were returned by the UK.
Colonization of Chagos
The UK retained sovereignty over the islands after Mauritius gained its independence from
Britain in 1968.
It has been under continuous British sovereignty since 1814.
The islands have since been used for defence purposes by the UK and the US, which established a
military base on the island of Diego Garcia.
The entire Chagossian population was forcibly removed from the territory between 1967 and 1973, and
prevented from returning.
An ICJ obligation for UK
The ICJ had said in its opinion that the UK Government is “under an obligation” to end its administration
of the Chagos Archipelago as rapidly as possible.
It demanded that the UK withdraw its colonial administration from the Chagos Archipelago unconditionallywithin six months, enabling Mauritius to complete the decolonization of its territory as rapidly as possible.
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