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GS Paper 2: Indian Polity and Governance; Constitutional Bodies
Context-:
The Rajya Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill.
The legislation will guide the appointment and procedure for the functioning of the Chief Election Commissioner (CEC) and the Election Commissioners (EC) in the future.
Background-:
In March of this year, a constitution bench of the Supreme Court, led by Justice KM Joseph, ruled that the election commissioners shall be selected by a committee until the parliament frames a law prescribing the selection process.
The Committee shall comprise the Prime Minister, the Leader of the Opposition, and the Chief Justice.
The Supreme Court passed this direction to ensure the independence of the election commissioners.
The bench also asked the Central government to consider establishing a permanent secretariat for the ECI.
It was also suggested that its expenditure be charged to the Consolidated Fund of India so that the poll body can be truly independent.
Government Introduced a Bill-:
In response to the Supreme Court judgment, a bill was introduced in the Upper House on August 10 by the Minister of State for Law & Justice.
This Bill attempted to alter constitutional provisions that equate ECs with Supreme Court judges.
It sought to downgrade their service conditions, aligning them with those of a Cabinet Secretary.
The original bill prescribed that the search committee would consist of the Cabinet Secretary and two members not below the rank of Secretary to the Government of India.
Amendment to the Original Bill-:
Notably, the government proposed certain amendments to the bill.
The proposed amendment has replaced 'Cabinet Secretary' with the term, 'Minister of Law and Justice.'
Further, the amendment has proposed that allowances and service conditions of the CEC and ECs would be on par with those of Supreme Court judges.
It has also suggested that the removal of the CEC should follow a process akin to the removal of Supreme Court judges.
Additionally, it states that ECs cannot be removed from office without the recommendation of the CEC.
Furthermore, a newly proposed clause 15A in the Bill asserts that no court can entertain civil or criminal proceedings against any person who is or was the CEC or an EC for any act, thing, or word committed, done, or spoken by them in the discharge of their official duties.
Criticism of the Bill-:
This bill directly conflicts with the Supreme Court's direction that the Election Commission should be selected by a panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).
If this bill is passed, it will nullify the Supreme Court's direction.
Election Commission of India-:
The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India.
The commission administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies, as well as the offices of the President and Vice President in the country.
It was established in 1950, and its functioning is guided by the provisions of the Constitution of India.
Constitutional Authority:-
The Election Commission operates as an independent and autonomous body under Article 324 of the Constitution of India. The Chief Election Commissioner (CEC) is appointed by the President of India, and other Election Commissioners are appointed by the President on the advice of the Prime Minister.
Composition-:
The Election Commission is usually headed by the Chief Election Commissioner, and it can have two additional Election Commissioners. The President can appoint more Election Commissioners if deemed necessary.
Tenure-:
The Chief Election Commissioner and other Election Commissioners have a fixed tenure of six years, or until they reach the age of 65, whichever is earlier.
They enjoy the security of tenure and cannot be removed from office except through impeachment by Parliament.
Related Search-:
Appointment of Director of CBI
Appointment of Director of ED
Prelims Specific-
Article 324 of the Constitution of India.
About Election Commission of India.
State Election commission of India.
GS Paper 3: Environmental Pollution and Degradation, Biofuel, Growth and Development.
Context-:
The Ministry of Consumer Affairs, Food and Public Distribution directed all mills and distilleries not to use sugarcane juice/syrup for making any ethanol “with immediate effect”.
Details-:
The reason for the Centre’s seemingly going slow on ethanol blending is simple.
The 2022-23 sugar year ended with stocks of just over 57 lakh tonnes (lt), the lowest since the 39.4 lt of 2016-17 and way below the record 143.3 lt of 2018-19.
The National Federation of Cooperative Sugar Factories has estimated this year’s output at 291.50 Lakh tonne, down from 330.9 Lakh tonne and 359.25 Lakh tonne in 2022-23 and 2021-22 respectively.
Maharashtra and Karnataka are expected to record particularly sharp declines, on the back of subpar rains and low reservoir water levels in their major cane-growing areas.
This order is likely to result in roughly 15 lt of additional sugar, which would have otherwise gone for ethanol production through the cane juice/syrup route.
This extra sugar coming into the market will, more than boosting physical availability, help douse any bullish price sentiment.
About Ethanol-:
Ethanol is 99.9% pure alcohol that can be blended with petrol.
It is naturally produced by the fermentation of sugars by yeasts or via petrochemical processes such as ethylene hydration.
Ethanol is high in oxygen content, allowing an engine to more thoroughly combust fuel.
Ethanol Blending-:
In ethanol blending, a blended motor fuel containing ethyl alcohol derived from agricultural products is blended with petrol specifically.
Ethanol Blending is aimed at reducing the country’s dependence on crude oil imports, cutting carbon emissions, and boosting farmers’ incomes.
The Government of India has advanced the target for 20% ethanol blending in petrol (also called E20) to 2025 from 2030.
Ethanol Production from Cane-:
First Route-:
The cane crushed by Suger Mills has 13.5-14% TFS or total fermentable sugar content.
Around 11.5% of it is recovered from the juice as sugar, with the uncrystallised, non-recoverable 2-2.5% TFS going into so-called C-heavy molasses.
Every tonne of C-heavy molasses, containing 40-45% sugar, gives 220-225 litres of ethanol.
Second Route-:
Instead of extracting the maximum recoverable 11.5%, can produce 9.5-10% sugar and divert the extra 1.5-2% TFS to an earlier ‘B-heavy’ stage molasses.
This molasses, containing 50%-plus sugar, yields 290-320 litres per tonne.
Third Route-:
A third route is not to produce any sugar and ferment the entire 13.5-14% TFS into ethanol.
From crushing one tonne of cane, 80-81 litres of ethanol can thus be obtained, as against 20-21 litres and 10-11 litres through the B-heavy and C-heavy routes respectively.
Other Sources-:
Ethanol yields from grains are actually higher than from molasses.
One tonne of rice can produce 450-480 litres of ethanol, while it is 450-460 litres from broken/damaged grains, 380-400 litres from maize, 385-400 litres from jowar (sorghum) and 365-380 litres from bajra and other millets.
The yields are linked to starch content: 68-72% in rice, 58-62% in maize and jowar, and 56-58% in other millets.
Feedstocks diversification-:
India’s ethanol programme is no longer reliant on a single feedstock or crop.
There has been a significant diversification of feedstocks from C-heavy to not only B-heavy molasses and direct sugarcane juice but even rice and other foodgrain.
Diversification of feedstocks will minimise supply fluctuations and price volatility on account of any one crop.
Problem with Grain Ethanol-:
More ethanol can be produced from grains than molasses but the process is longer.
The starch in the grain has to first be converted into sucrose and simpler sugars (glucose and fructose), before their fermentation into ethanol by using yeast (saccharomyces cerevisiae).
Molasses already contain sucrose, glucose and fructose.
Related Search-:
About Biofuel
Type of Biofuel
Generations of Biofuel
National Biofuel Policy.
Prelims Specific-:
About Ethanol.
What is Ethanol Blending?
E20 Fuel, Flex Fuel.
Ethanol Production
GS Paper 2: Bilateral agreements involving India and/or affecting India’s interests.
Context:
European Union (EU) lawmakers have passed the world's first comprehensive regulation for artificial intelligence, called the AI Act.
Artificial Intelligence Act (Drafted in 2021)-:
Aims:- Transparency, trust, and accountability in AI, safeguarding safety, health, rights, and democratic values in the EU.
Two-Tier Approach-: Transparency requirements for general-purpose AI; stricter rules for more potent models.
High-risk AI systems to be cataloged; adaptable to include future high-risk technologies meeting criteria.
Promoting AI adoption while preventing harms associated with certain uses.
EU AI Office- :
Oversight and Sanctions:- Monitors and penalizes law violators via the EU AI Office, linked to the commission.
Enforcement:- Empowered to impose fines up to seven percent of turnover or 35 million euros (whichever is greater).
Legislative Process:- Pending formal approval by member states and the EU parliament.
EU's AI Classification-:
Divide AI applications into four risk categories.
1. Prohibited Applications:- Mass-scale facial recognition and behavioural control are banned, with limited exceptions for law enforcement.
2. High-Risk Applications:- Self-driving cars are allowed but subject to certification and backend techniques' public disclosure.
3. Medium-Risk Applications:- Includes generative AI chatbots, allowing detailed documentation and user awareness of AI interaction.
4. Transparency Requirements:- Developers must comply with transparency obligations pre-release, disclosing training data and algorithm details for chatbots.
Different Approaches:
Policymakers globally are intensifying oversight of generative AI due to ChatGPT's impactful debut.
Concerns raised encompass privacy breaches, systemic biases, and intellectual property rights violations.
EU adopts a stringent stance, categorizing AI based on invasiveness and risk, while the UK opts for a lighter touch to promote innovation.
The US takes a middle ground in its approach to regulating AI.
China has also introduced its regulations governing AI usage.
Indian Approach:
India positions itself as a leader in leveraging technology for governance solutions, especially targeting Global South nations.
The Digital Public Infrastructure (DPI) initiative, championed by New Delhi, emphasizes government-sanctioned technology offered to private entities for diverse applications.
India aims to extend the DPI model to AI, aspiring for sovereign AI capabilities rather than relying solely on foreign-driven AI ecosystems.
Minister Rajeev Chandrasekhar emphasizes the need for indigenous AI development beyond dependence on global tech giants or domestic startups alone.
The objective is to utilize sovereign AI and computing infrastructure for practical implementations in healthcare, agriculture, governance, language translation, and other sectors to spur economic growth.
Global Stand on AI-:
1. European Union's AI Act (May 2023):-
Establishes an EU-wide database for high-risk AI systems and allows adaptation for future high-risk technologies meeting criteria.
2. United States AI Regulation:-
Lacks comprehensive AI regulation, adopting a relatively hands-off approach.
3. China's AI Regulations:-
Recent laws target specific algorithms and AI applications.
Focuses on regulating recommendation algorithms, particularly in information dissemination.
What is AI-:
Artificial intelligence is the simulation of human intelligence processes by machines, especially computer systems.
Specific applications of AI include expert systems, natural language processing, speech recognition and machine vision.
The ideal characteristic of artificial intelligence is its ability to rationalize and take actions that have the best chance of achieving a specific goal.
Related Search:
Cybercrimes
Deepfake
ClearFake
Prelims Specific:
About Artificial Intelligence Act (Drafted in 2021)
EU's AI Classification
Different Approaches
Indian Approach
Global Stand on AI
GS Paper 2: Indian Constitution– historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.
Context:
The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution.
SC's recent ruling- :
J&K Integration:- Post-1947 accession, J&K didn't retain sovereignty; always integral to India.
J&K Constitution's Section 3 asserts integration with India.
Article 370's Temporariness:- SC highlighted its temporary nature due to partition-era war conditions.
Instrument of Accession clarified full application of Article 1 to J&K.
Presidential Power in President's Rule:- SC upheld irreversible Article 370 changes under scrutiny.
SC supported 2019 proclamations equating "constituent assembly" to "Legislative Assembly of J&K."
J&K Constitution Deemed Inoperative:- Indian Constitution's full application nullified state constitution.
State Election:- SC directed Assembly elections by Sept 30, 2024, and urged J&K's statehood restoration.
Truth and Reconciliation Commission:- SC suggested a commission, akin to South Africa's post-apartheid, to probe human rights abuses by all parties since the 1980s and suggest reconciliation measures.
Impact of the SC judgment:
SC's Clarification on Sovereignty that J&K lacks sovereignty, impacting secessionist motivations.
Enfranchisement for West Pakistan Refugees granted voting rights.
Reserved Seats for Kashmiri Pandits and displaced individuals from Pakistan-occupied Kashmir.
Land Purchase Open to Non-J&K Residents: People and investors outside J&K can acquire land in the Union Territory.
The Truth and Reconciliation Commission is suggested by SC's recommendation.
It aims to uncover information about missing or deceased loved ones, aiding residents in addressing human rights violations.
About Article 370-:
Position in the Constitution:- Article 370 is the first article of Part XXI - 'Temporary, Transitional and Special Provisions' of the Indian Constitution.
Special Status for Jammu and Kashmir:- It grants a special status to the state of Jammu and Kashmir (J&K) by exempting it from the application of the Indian Constitution, except for Article 1 (which defines India) and Article 370 itself.
Permission for State Constitution:- Article 370 allows J&K to have its own Constitution, which shapes its governance and internal policies.
Limitation on Legislative Powers:- It restricts the legislative powers of the Indian Parliament concerning J&K. For extending central laws to the state on matters included in the Instrument of Accession, the state government’s "consultation" is mandated, rather than requiring its approval.
Unique Arrangement:- This provision sets Jammu and Kashmir apart from other states in India, offering the region a distinct level of autonomy in legislative matters.
Temporary Nature:- Despite being labelled as 'temporary' in the Constitution, Article 370 continued in force for decades without being revoked until significant changes were made in 2019.
Abrogation of Article 370:
On August 5, 2019, the Indian government revoked almost all aspects of Article 370 of the Indian Constitution.
The President issued The Constitution (Application to Jammu and Kashmir) Order, 2019 on the same day, replacing 'Constituent Assembly' with 'Legislative Assembly [of Jammu & Kashmir]' in Article 370(3).
This change was made using Article 370(1) to technically amend the interpretation clause, Article 367.
Following this order, a Statutory Resolution was presented in the Rajya Sabha, leading to the abrogation of most of Article 370.
This action was feasible without the concurrence of the Jammu & Kashmir Legislative Assembly as the state was under President's rule at that time.
On August 6, 2019, the Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019.
This bill divided the state into two Union Territories: Jammu & Kashmir, provided with a legislative assembly, and Ladakh.
The reorganization led to the establishment of two separate Union Territories – Jammu & Kashmir with a legislative assembly and Ladakh without one.
Related Searches-:
SR Bommai v Union of India, 1994
Prelims Specific-:
Articles 370 and 35A.
Abrogation of Article 370
Supreme Court Ruling.
Context:
The Supreme Court on December 11 held that the declaration of State emergency under Article 356 and the subsequent actions of the President should have a “reasonable nexus”.
What is Article 356? -:
It is based on Section 93 of the Government of India Act, 1935
It is also called a ‘State Emergency’ or ‘Constitutional Emergency’.
It deals with the ‘failure of constitutional machinery in the state’ and allows the president to assume any functions of the state.
It can be imposed for six months at a time for a maximum duration of three years.
After six months, Parliament’s approval is needed to reimpose the President’s Rule.
In 1978, the 44th Amendment to the Constitution (1978) was made.
This stated that the President’s Rule cannot be extended beyond one year unless:- In case of a national emergency
The Election Commission of India certifies that it is necessary due to difficulties in conducting Assembly polls.
Issues with the use of Article 356-:
Manipulative application for political ends, notably by the central government to discredit state administrations led by opposition parties.
Undermining democracy:- It halts the democratic mechanisms within a state.
Evasion of responsibility:- The repetitive utilization of Article 356 is viewed as a violation of the federal principles outlined in the Indian Constitution, diminishing the authority of states.
Detrimental effect on governance:- It has the potential to cause breakdowns in administration and governance within a state.
Recommendations to avoid misuse-:
The Sarkaria Commission of 1983:- It suggested its usage solely in dire circumstances.
1994 Bommai vs Union of India case:- In the pivotal 1994 Bommai vs Union of India case, addressing Article 356, the Supreme Court established stringent protocols for handling the dismissal of a state government.
Among these, it mandated the passage of a no-confidence motion in the House.
Judicial review:- Furthermore, it rendered the President’s Rule open to judicial review.
The court determined that invoking Article 356 is permissible in instances of severe governmental dysfunction or in cases of a 'hung assembly', but emphasized that it should not be utilized without affording the state government an opportunity to demonstrate its majority in the House, or in the absence of a violent breakdown of the constitutional machinery.
Context:
The Sebi has proposed to permit companies to issue non-convertible debentures (NCDs) and non-convertible redeemable preference shares (NCRPS) with a face value of Rs. 10,000 as against the current system of Rs one lakh face value.
About NCRPS- :
Preferred shares, often termed preference shares, represent a company's stock where dividends are distributed to shareholders before common stock dividends are allocated.
In the event of a company declaring bankruptcy, preferred stockholders hold priority in receiving payments from company assets over common stockholders.
Types of Shares- :
These shares cannot be repurchased or redeemed by the issuing company at a fixed date.
They serve as a stable financial instrument, offering investors a consistent income stream, especially during inflationary periods.
Both types of preference shares serve distinct purposes for companies and investors, providing either flexibility or stability within the capital structure based on their redeemability features.
Context:
The UN General Assembly approved the Universal Declaration of Human Rights at a meeting in Paris, marking its 75th anniversary.
What is the Universal Declaration?
The declaration is a concise document consisting of a preamble and 30 articles outlining fundamental rights and freedoms.
It asserts the equality of all human beings at birth, without discrimination based on race, colour, sex, language, religion, political opinion, or social status (among others).
It upholds rights to life, liberty, and personal security, prohibits slavery and torture, and advocates for fair legal treatment and asylum seeking.
Additionally, it enshrines freedoms such as religion, expression, and peaceful assembly, and emphasises the right to education.
Accomplishments-:
Served as a foundational source for over 70 global and regional human rights treaties.
Played a pivotal role in inspiring movements such as decolonization, anti-apartheid, and worldwide struggles for freedom.
Challenges- :
Lacks legal enforceability, potentially leading to misuse and exploitation.
Faces complexities in conflicts such as Israel-Hamas, Russia-Ukraine, and internal unrest in Myanmar and Sudan.
India’s Contribution- :
Represented by Hansa Mehta, M.R. Masani, and Lakshmi Menon during drafting stages, significantly contributing to multiple articles in the UDHR.
Hansa Mehta, a member of India’s Constituent Assembly, amended Article 1 from “All men are born free and equal” to “All human beings are born free and equal” in the UDHR.
What is Human Rights?
These rights belong to every individual, independent of race, gender, nationality, culture, language, faith, or any other condition.
They encompass the entitlement to life and freedom, protection from slavery and torture, the liberties of thought and speech, the rights to employment and education, and numerous others.
Nelson Mandela famously asserted, "Denying people their human rights is to challenge their essence as human beings."
- Article 1 of the Universal Declaration of Human Rights (UDHR) affirms that "all individuals are inherently free and equal in their dignity and entitlements."
- Article 2 affirms that every person is entitled to all the rights and freedoms outlined in the declaration, without any differentiation based on race, color, gender, language, religion, political views, social background, wealth, birth, or any other circumstance.
Context:
In December 1983, India inaugurated its inaugural permanent station in Antarctica named Dakshin Gangotri as part of the Project Gangotri mission.
Key Details:
Under the leadership of Harsh Gupta, the expedition encountered hurdles, notably a helicopter accident.
Despite setbacks, the team, composed of defence personnel and scientists, successfully established the permanent base within the stipulated 60-day period.
This base, furnished with laboratories, living accommodations, and recreational amenities, signified India’s continuous presence in Antarctica throughout the year.
The mission not only highlighted India's dedication to scientific exploration but also underscored the perseverance needed to establish a lasting presence in the frigid continent.
Objective:
The story reflects values of determination, resilience, and commitment to scientific exploration.
Initiatives taken over Antarctica:
India's Antarctic presence has evolved over time, starting with Dakshin Gangotri (abandoned in 1990), followed by Maitri (operational since 1988) and Bharati (operational since 2012).
The National Centre for Polar and Ocean Research, based in Goa and functioning as an autonomous institute under the Ministry of Earth Sciences, oversees India’s Antarctic program.
As a signatory to the Antarctic Treaty, India pledges to utilize the continent exclusively for peaceful intentions.
The Indian Antarctic Act of 2022 outlines measures aimed at safeguarding the Antarctic environment, including its associated ecosystems, and addresses various aspects related to Antarctic activities.