Daily Prelims Notes 16 June 2023

Daily Prelims Notes

16 June 2023

Table Of Contents

1. Glenmark pharma slashes breast cancer drug price by 70%
2. Biporjoy: Saurashtra, Kutch highly vulnerable to cyclones
3. Global warming breaches 1.5°C threshold in summer for 1st time
4. Landfall of a cyclone
5. CIL vs CCI Issue
6. US Fed rate hike pause: impact on India
7. Growth in government debt of India
8. Are non-communicable diseases increasing in India?
9. NCPCR asks DM to act after Darul Uloom notice on English ban
10. Reflections on Artificial Intelligence, as friend or foe
11. Akhilesh to attend function in memory of ‘tribal’ icon in Madhya Pradesh
12. N. Governor rejects recommendation of CM on portfolio
13. Tamil Nadu government withdraws general consent for CBI

1. Glenmark pharma slashes breast cancer drug price by 70%

Subject: Science and Technology

Section: Health

Context: The price of breast cancer drug Trastuzumab is reduced to ₹15,749 for a 440 mg vial from ₹54,000.

Details:

• The drug is marketed in India as ‘Trumab’.
• Trastuzumab is a monoclonal antibody used to treat the aggressive HER2-positive breast cancer.
• Breast cancer is the most commonly diagnosed cancer in India, accounting for 13.5 per cent of all cases, with an estimated 1.78 lakh new cases diagnosed each year.
• The incidence of HER2-positive breast cancer in the Indian population is 26-50 per cent.

HER2-positive:

• All breast cells have and are tested for an excess of human epidermal growth factor receptor 2, commonly referred to as HER2.
• HER2 proteins are receptors that control how the cells grow and divide.
• When breast tissue has extra HER2 receptors (overexpression), breast cells can multiply too quickly.
• The growth may become uncontrolled and lead to a tumour.
• Breast cancer identified as HER2-positive tends to grow faster, spread and come back (recur).
• This protein helps cancer cells grow and spread.
• Trastuzumab works by binding to the HER2 protein and blocking its activity.

2. Biporjoy: Saurashtra, Kutch highly vulnerable to cyclones

Subject: GEOGRAPHY

Section: Physical geography

Context:

• Cyclone Biporjoy is set to batter Saurashtra and Kutch, regions that are already highly vulnerable to cyclones, according to the Gujarat State Action Plan on Climate Change.

Details:

• Gujarat, with the longest coastline in India (1,663 km) and unique climatic conditions, is particularly at risk of cyclones.
• The IMD has predicted that the very severe cyclonic storm Biporjoy will cross Saurashtra and Kutch and the adjoining Pakistan coast between Mandvi (Gujarat) and Karachi (Pakistan) near Jakhau Port in Gujarat.
• Saurashtra districts were particularly affected during Cyclone Nilofar in 2014, Vayu and Maha in 2019 and Nisarga in 2020.
• Cyclone Biporjoy is now the longest-lived cyclone (192 hrs as cyclone strength) in Arabian Sea history, breaking the record of the June 1998 cyclone according to the Joint Typhoon Warning Centres.

Increased frequency and number of cyclones in the Arabian Sea:

• Between 1965 and 2022, 13 cyclones developed over the Arabian Sea in the month of June.
• Rising sea surface temperatures due to global warming could be making cyclones in the Arabian Sea more frequent, intense and long-lasting.
• Researchers have documented an 80 per cent increase in the total duration of cyclones in the Arabian Sea in the last four decades.
• There is also a 52 per cent increase in the number of cyclones in the Arabian Sea and a 150 per cent rise in very severe cyclones.
• According to the World Bank, 19 of the 26 districts in Gujarat are at risk of becoming climate change hotspots by 2050 as temperatures are expected to rise by 2-2.5°C.

3. Global warming breaches 1.5°C threshold in summer for 1st time

Subject: GEOGRAPHY

Section: Physical geography

Context:

• For the first few days of June, global mean temperatures were more than 1.5 degrees Celsius higher than pre-industrial averages, the European Centre for Medium Range Weather Forecast (ECMWF) said, making this the first time the 1.5 degree- threshold was breached in the summer months.

Details:

• There have been earlier instances of the daily global temperature exceeding pre-industrial averages by more than 1.5 degrees Celsius, but only in the Winter and spring months when deviations from the past trends are more pronounced.
• This threshold was first exceeded in December 2015, and then repeatedly in the Northern Hemisphere winters and springs of 2016 and 2020.

The goal of Paris Agreement 2015:

• The goal of the 2015 Paris Agreement is to ensure that the rise in global mean temperatures, as compared to pre-industrial times, does not exceed 2 degrees Celsius, and preferably be restricted within 1.5 degrees.
• But The thresholds mentioned in the Paris Agreement are not about daily or even annual global temperatures.
• Rather, those thresholds refer to long-term warming, meaning global temperatures over a period of 20 to 30 years, on average, must not exceed 1.5 degrees or 2 degrees Celsius.

Breach of 1.5-degree thresholds:

• Short-term breaches of these thresholds, even a few years at a stretch, are considered inevitable now.
• The world is projected to overshoot the 1.5 degrees threshold before coming back.
• The World Meteorological Organization (WMO) had said that there was a 66 per cent chance that in one of the next five years (2023-27), annual global temperatures would breach the 1.5 degrees threshold.
  • Last year (2022), it was 1.15 degrees Celsius higher than the pre-industrial times.
• The warmest ever year, so far, has been 2016 when global mean temperatures were 1.28 degrees Celsius higher.
  • In its statement last month, WMO said It was nearly certain that one of the next five years (2023-27) would leave 2016 behind.

4. Landfall of a cyclone

Subject : GEOGRAPHY

Section: Physical geography

Context:

• The Landfall process of cyclone Biporjoy is continuing and by midnight it will be completely over the land. Part of the eye (of the cyclone) is over the land,” the IMD said.

What is the landfall of a cyclone?

• Landfall is the event of a tropical cyclone coming onto land after being over water.
• According to the IMD, a tropical cyclone is said to have made landfall when the centre of the storm — or its eye — moves over the coast.
• A landfall should not be confused with a ‘direct hit’, which refers to a situation where the core of high winds (or eye wall) comes on shore but the centre of the storm may remain offshore.
• Because the strongest winds in a tropical cyclone are not located precisely at the centre, it is possible for a cyclone’s strongest winds to be experienced over land even if landfall has not occurred.
• Damage caused by the landfall:
  • The damage caused by the landfall will depend on the severity of the cyclone — marked by the speed of its winds.
• How long a landfall lasts?
  • Landfalls can last for a few hours, with their exact duration depending on the speed of the winds and the size of the storm system.
• Cyclones lose their intensity once they move over land because of a sharp reduction of moisture supply and an increase in surface friction.
  • This means that while landfalls often bring the most devastating moments of a cyclone, they also mark the beginning of its end.

5. CIL vs CCI Issue

Subject : Polity

Section: National Organisation

Context : Supreme Court ruled that Competition Act, 2022 applies to statutory monopolies like Coal India Limited (CIL)

Context:

• CIL had approached the Apex Court arguing against applicability of the Competition Act 2002 to its operations citing that the PSU operates under the Coal Nationalisation Act, 1973.
  • It is an appeal against a 2014 decision of the Competition Appellate Tribunal (COMPAT), where CIL was directed to stop its abuse of dominant position.
• The government could have decided to exempt Coal India’s conduct from the ambit of the CCI review, under Section 54 of the Act (as has been done for mergers among oil and gas PSUs)
• The government had chosen not to exempt CIL despite having the power to do so.

Verdict and its implications:

• SC rejected CIL’s argument of exemption and affirmed that the Competition Act applies to CIL.
• The mandate of public interest given to PSU’s does not mean that their commercial conduct is beyond review by the CCI if they are abusing their position of dominance.
• The judgment is landmark in an India that has embraced free market economy after 1991.
• CIL reasoned on two points to seek exemption:
  • Firstly, the mines operated by CIL had been nationalised pursuant to the Coal Nationalisation Act, 1973 and thus as a PSU it should be exempt from CCI
  • Secondly, the Nationalisation Act envisaged that the mines would be operated as a monopoly in the national interest.
• CCI argument was:
  • It is not dominance that is prohibited under the Competition Act but only abuse of such dominant position.
  • How is not abusing dominance power impeding CII in objectives of national interest.
  • CCI has jurisdiction to examine a dominant company notwithstanding if such dominant position was acquired as a result of statute or by virtue of being a Government company.
• Delhi High Court had previously held that the Indian Railways too will not be exempt from the applicability of the Competition Act.

6. US Fed rate hike pause: impact on India

Subject : Economy

Section: External Sector

Context: Federal Reserve has maintained the policy rate, after continuously raising for 15 months

Key Points:

• Federal Open Market Committee (FOMC) has decided to pause the cycle of interest rate hikes despite inflation being at 4%
• The benchmark rate (Fed Rate) continues to be 1%
• Fed has signalled that it could increase rates again by the end of 2023 as the inflation target of 2% is yet to be achieved.
• The pause along with a signal of future increase is seen as a hawkish (monetary tightening) stance.
• The decision is supported by the US Inflation at 4% is being below its interest rates of 5.1% (i.e. real interest rates being positive)
  • if inflation is higher than interest rate in an economy, it means the real interest rate is negative
  • Negative interest rates while encouraging investment by increasing the cost of parking funds in banks, also have the effect of discouraging savings.
• Likely impact on Indian economy/market:
  • Is likely to have a negative effect on the Indian equity markets for two reasons:
    • Reduced inflow: a rise in interest rates in the US reduces inflow of funds into markets
    • Outflow: outflow from emerging markets to US treasury bonds.
  • The pause (and not reduction) in the Fed rate is indicative of inflationary pressures still being present in global markets.
    • India too may see continuation of the inflationary cycle.
    • RBI too may thus not reduce interest rates in near term.
  • In the short term WPI will reduce through a reduction in prices of commodities, especially oil.

7. Growth in government debt of India

Subject : Economy

Section: Fiscal Policy

Key points:

• From 2014 to 2022 the government’s debt has increased from ₹55-lakh crore to ₹155-lakh crore.
• India’s government debt as a proportion of GDP has remained relatively stable at around 82% in 2023 up from 81% in 2005. (the FRBM Act 2003 mandates Debt Ceilings of 60% for general government and 40% for the Central government)
• It is expected to follow a declining trend if India’s GDP continues to expand at a rapid pace. (nominal rate of 11% and above).
• Arguments in favor of India’s public debt management:
  • The rise in public debt has been conservative.
  • Government debt increase is necessary in a period when the private sector is recovering its balance sheet after a phase of over-borrowing.
  • Government expenditure when in infrastructure and other capital asset building helps ‘crowd in’ private investment.
• Factors against high level of public debt:
  • Debt affordability: The general government interest payments as a percentage of revenues indicate debt affordability. For India at 26%, it indicates a low level of debt affordability. (It is around 8.4% for countries with Moody’s Baa rating)
  • High level of debt: India’s general government debt is considered to be relatively high at around 8% of GDP (It is around 56% for countries with Moody’s Baa rating)
  • Reduced Fiscal capacity: The high proportion of revenue going towards interest payments reduces the funds for developmental activities. In addition it reduces the capacity of the government to respond to the next economic shock/crisis.
  • Sustainability of debt: Rise in primary deficit and deterioration in interest rate growth differential, since 2019 cast doubts on debt sustainability of India.
• Way ahead:
  • High growth can support and help reduce a high public debt. Generally this capacity to support public debt is seen in how high the interest rate-growth differential
  • To increase debt affordability, tax buoyancy needs to be improved along with expansion of the tax base.

8. Are non-communicable diseases increasing in India?

Subject : Science and technology

Section: Health

Concept :

• The new national estimates for diabetes and other non-communicable diseases (NCD) shows that 31 million more Indians became diabetic in four years (2019-2021).

Non-communicable diseases

• Non-communicable diseases are diseases that are not spread through infection or through other people, but are typically caused by unhealthy behaviours.
• They are the leading cause of death worldwide and present a huge threat to health and development, particularly in low- and middle-income countries.
• Four types of non-communicable diseases account for over two thirds of deaths globally:
  • Cardiovascular diseases
  • Cancers
  • Diabetes
  • Chronic respiratory diseases
• Yet these diseases are largely preventable.

The recent findings:

• In 2021, a study found that India has 101 million people with diabetes and 136 million people with prediabetes.
• Additionally, 315 million people had high blood pressure; 254 million had generalised obesity, and 351 million had abdominal obesity.
• 213 million people had hypercholesterolaemia (wherein fat collects in arteries and puts individuals at greater risk of heart attack and strokes).
• 185 million had high low-density lipoprotein (LDL) cholesterol.

Funding:

• The decade-long nationwide study was funded by the Indian Council of Medical Research and Department of Health Research, Ministry of Health and Family Welfare and co-ordinated by the Madras Diabetes Research Foundation.

Significance of the study

• There are two big trend indicators in the study.
• First, diabetes and other metabolic non-communicable diseases, such as hypertension, obesity and dyslipidemia are much more common than estimated previously in India and
• Second, while currently urban regions had higher rates of all metabolic NCDs than rural areas, with the exception of prediabetes, rural India will see a diabetes explosion in the next five years if left unregulated.

Interstate and inter-regional variations

• The highest diabetes prevalence was found in Goa , Puducherry and Kerala.
• While prediabetes was prevalent in Sikkim, hypertension was highest in Punjab.
• Generalised obesity and abdominal obesity were highest in Puducherry.
• Kerala had high hypercholesterolemia and high LDL cholestrol.
• The lowest prevalence of NCDs was found in U.P., Mizoram, Meghalaya and Jharkhand.

How does this study impact India?

• The study gives us an early warning that if not controlled, this population is predisposed to NCDs and life-altering medical conditions including strokes.
• India is facing the dual problem of malnutrition and obesity.
• There is availability of surplus food, but after being exposed to fast foods, a lack of sleep, exercise and stress creates a perfect setting for NCDs to latch-on.

9. NCPCR asks DM to act after Darul Uloom notice on English ban

Subject :Polity

Section: National Body

Concept :

• The National Commission for Protection of Child Rights (NCPCR) has written to the District Magistrate of Saharanpur in Uttar Pradesh to take action against the education department of Darul Uloom Deoband for issuing an order, prohibiting students from learning English or any other language while studying in the Islamic seminary.

Deoband Movement

• The Deoband Movement was organised by the orthodox section among the Muslim ulema as a revivalist movement with the twin objectives of propagating pure teachings of the Quran and Hadis among Muslims and keeping alive the spirit of jihad against the foreign rulers.
• The Deoband Movement was begun at the Darul Uloom (or Islamic academic centre), Deoband, in Saharanpur district (United Provinces) in 1866 by Mohammad Qasim Nanotavi and Rashid Ahmed Gangohi to train religious leaders for the Muslim community.
• In contrast to the Aligarh Movement, which aimed at the welfare of Muslims through Western education and support of the British government, the aim of the Deoband Movement was moral and religious regeneration of the Muslim community.
• On the political front, the Deoband school welcomed the formation of the Indian National Congress and in 1888 issued a fatwa (religious decree) against Syed Ahmed Khan’s organisations, the United Patriotic Association and the Mohammedan Anglo-Oriental Association.
• Some critics attribute Deoband’s support to the nationalists more to its determined opposition to Syed Ahmed Khan than to any positive political philosophy.
• Mahmud-ul-Hasan, the new Deoband leader, gave a political and intellectual content to the religious ideas of the school.
• He worked out a synthesis of Islamic principles and nationalist aspirations.
• The Jamiat-ul-Ulema gave a concrete shape to Hasan’s ideas of protection of the religious and political rights of the Muslims in the overall context of Indian unity and national objectives.
• Shibli Numani, a supporter of the Deoband school, favoured the inclusion of English language and European sciences in the system of education.
• He founded the Nadwatal Ulama and Darul Uloom in Lucknow in 1894-96.
• He believed in the idealism of the Congress and cooperation between the Muslims and the Hindus of India to create a state in which both could live amicably.

10. Reflections on Artificial Intelligence, as friend or foe

Subject : Science and technology

Section: Awareness in IT

Concept :

     Uses and Limitations of Artificial General Intelligence (AGI):

• Current AI systems excel in narrow tasks, displaying superhuman performance and becoming valuable aids to humans.
• However, their performance declines when confronted with more general or ill-defined tasks that require integrating inferences based on common sense.
• Artificial General Intelligence (AGI) refers to intelligence that is not restricted or specialised. It encompasses the human-like “common sense” that is absent in current AI systems.
• There is a range of expert opinions regarding the feasibility of building AGI, with some asserting that machines may never achieve it, while others speculate that it could potentially emerge in the distant future.
• A significant development in the AI field occurred with the release of ChatGPT which utilises a Large Language Model (LLM) to generate text.
• LLMs are massive artificial neural networks trained on vast amounts of text data to establish a statistical “model.”
• ChatGPT’s remarkable success in generating coherent paragraphs garnered widespread attention, leading to speculation about the emergence of AGI in future iterations like GPT-4.
• However, critics argue against such claims, emphasising that LLMs operate at a fundamental level by predicting the most probable or relevant words based on their statistical models.
• They are often referred to as “stochastic parrots” devoid of any understanding of meaning.
• LLMs are also notorious for generating false information and fabricating citations for non-existent academic papers.
• The advent of true AGI will have profound implications. AGI could potentially surpass humans in various intellectual or mental tasks.

Challenges with Superhuman AI:

• AGI systems could represent a superior species created by humans, bypassing natural evolution.
• Consequently, the arrival of AGI warrants serious consideration and preparation.
• Building AI tools has become relatively accessible, and even narrow AI tools can cause significant harm when used with malicious intent.
• Large Language Models (LLMs) can generate convincing fake news, leading to mental distress and even self-harm. They can also manipulate public opinion, impacting democratic elections on a global scale.
• The absence of effective defence against such malicious behaviour raises concerns, particularly regarding AI-powered weapons and the lack of enforceable bans.
• As AI systems improve and assist humans, unintended harm may occur, disproportionately affecting certain groups due to inherent biases present in the data used for training.
• For example, facial recognition systems have shown greater accuracy on fair-skinned men than on dark-skinned women.
• Such biases can have catastrophic consequences in autonomous vehicles and medical diagnoses. Privacy is also at risk, as algorithmic systems constantly monitor individuals, violating the right to privacy.
• Recent advancements in AI have primarily taken place in companies with substantial computational, data, and human resources but lack effective public oversight.
• Ensuring ethical practices and the alignment of AI systems with public interests becomes crucial.

11. Akhilesh to attend function in memory of ‘tribal’ icon in Madhya Pradesh

Subject : History

Section: Personality

Concept :

• In an effort to honour the contributions of lesser-known personalities hailing from marginalised social and caste groups, Samajwadi Party (SP) president Akhilesh Yadav will participate as the chief guest in an event in Madhya Pradesh celebrating Rani Durgavati, a much-respected tribal icon.

About Rani Durgavati

• Rani Durgavati was born on 5th October 1524 A.D. in the family of famous Chandel emperor Keerat Rai. She was born at the fort of Kalanjar(Banda, U.P.)
• Chandel Dynasty is famous in the Indian History for the valiant king Vidyadhar who repulsed the attacks of Mehmood Gaznavi. His love for sculptures is shown in the world famed temples of Khajuraho and Kalanjar fort.
• Rani Durgavati’s achievements further enhanced the glory of her ancestral tradition of courage and patronage of arts.
• In 1542, she was married to Dalpatshah, the eldest son of king Sangramshah of Gond Dynasty.
• Chandel and Gond dynasties got closer as a consequence of this marriage and that was the reason Keerat Rai got the help of Gonds and his son-in-law Dalpatshah at the time of invasion of Shershah Suri in which Shershah Suri died.
• She gave birth to a son in 1545 A.D. who was named Vir Narayan. Dalpatshah died in about 1550 A.D.
• As Vir Narayan was too young at that time, Durgavati took the reins of the Gond kingdom in her hands. Two ministers Adhar Kayastha and Man Thakur helped the Rani in looking after the administration successfully and effectively.
• Rani moved her capital to Chauragarh in place of Singaurgarh. It was a fort of strategic importance situated on the Satpura hill range.
• After the death of Shershah, Sujat Khan captured the Malwa zone and was succeeded by his son Bajbahadur in 1556 A.D. (Bajbahadur is famous in history for his tumultus love affair with Rani Roopmati).
• After ascending to the throne, he attacked Rani Durgavati but the attack was repulsed with heavy losses to his army. This defeat effectively silenced Bajbahadur and the victory brought name and fame for Rani Durgavati.
• In the year 1562 Akbar vanquished the Malwa ruler Baj Bahadur and annexed the Malwa with Mughul dominion. Consequently, the state boundary of Rani touched the Mughal kingdom.
• Rani’s contemporary Mughul Subedar was Abdul Mazid Khan, an ambitious man who vanquished Ramchandra, the ruler of Rewa. Prosperity of Rani Durgavati’s state lured him and he invaded Rani’s state after taking permission from Mughul emperor.
• Her martyrdom day (24th June 1564) is even today commomorated as “Balidan Diwas”.
• The Mughal encounter with the Rani was documented by Abul Fazl, Akbar’s chronicler and other Persian writers
• Rani Durgavati’s was a personality with varied facets. She was valiant, beautiful and brave and also a great leader with administrative skills. Her self-respect forced her to fight till death rather than surrender herself to her enemy.
• She, like her ancestral dynasty, built so many lakes in her state and did a lot for the welfare of her people. She respected the scholars and extended her patronage to them. She welcomed the Vitthalnath of Vallabh community and took Diksha from him. She was secular and appointed many eminent Muslims on important posts.
• The place where she sacrificed herself has always been a source of inspiration for freedom fighters.

12. T.N. Governor rejects recommendation of CM on portfolio

Subject: Polity

Section: Executive

Concept:

• Tamil Nadu Governor RN Ravi had refused to accept the recommendation of Chief Minister MK Stalin to reallocate the portfolios held by V Senthil Balaji to Finance Minister Thangam Thennarasu and Housing Minister S Muthusamy.
• This comes after Senthil Balaji was arrested by the Enforcement Directorate in connection with an alleged cash for jobs scam.

State Council of Ministers

• A Council of Ministers chaired by the Chief Minister shall assist and advise the Governor in the fulfilment of his responsibilities, unless he is required by or under this Constitution to exercise all or any of his duties in his discretion.
• The state executive is made up of the Governor and the Council of Ministers, which is led by the Chief Minister.
• The Governor of a State is selected by the President for a five-year term and serves at the discretion of the President.
• Only Indian nationals above the age of 35 are eligible for appointment to this position.

How are the Council of Ministers appointed?

• The Governor appoints the Chief Minister.
• The governor appoints the other ministries on the suggestion of the chief minister.
• The governor can only select ministers who have been proposed by the chief minister.

Power and Functions of Chief Minister in relation to Council of Ministers

• The Governor appoints the Council of ministers only on the recommendation of the chief minister.
• The Chief Minister can ask the Minister to resign or advise the Governor to dismiss him.
• The Chief Minister also has the authority to order for the reallocation or shuffling of the ministers’ portfolios.
• He can shuffle the portfolios of the existing ministers or he or also has the authority to appoint new ministers under his cabinet.
• The council of ministers automatically dissolves if the chief minister dies or resigns. This is because the Chief Minister chairs the State council of ministers.

13. Tamil Nadu government withdraws general consent for CBI

Subject :Polity

Section: National Body

General Consent

• The CBI needs consent of the state government in whose territorial jurisdiction, the CBI has to conduct an investigation (unlike NIA which enjoys All-India jurisdiction).
• Section 6 of the DPSE Act authorizes the central government to direct CBI to probe a case within the jurisdiction of any state on the recommendation of the concerned state government.
• However, the courts (SC and HC) can also order a CBI probe, and even monitor the progress of investigation in which case it won’t need states consent.
• However even after withdrawal of the general consent The CBI continues to probe in old cases until specifically taken back by the state government. Further, it continues to investigate cases that were given to it by a court order.
• When a state gives a general consent to the CBI for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
• If the general consent is withdrawn CBI needs to seek case-wise consent for investigation from the concerned state government. If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state.
• In case of lack of general consent the CBI can approach a local court for a search warrant and conduct investigation.

Has the agency’s job been affected?

• The withdrawal of general consent does not affect pending investigation (KaziLendhupDorji v. CBI, 1994) or the cases registered in another State in relation to which investigation leads into the territory of the State which has withdrawn general consent; nor does the withdrawal circumscribe the power of the jurisdictional High Court to order a CBI investigation.
• However, without the States’ general consent, the CBI offices get disrobed of their general status as Police Stations.
• In other words, the CBI gets handcuffed by the State governments with its freedom of action available only in the aforesaid occasions and in cases in which such a State gives specific consent in relation to an offence to be investigated.

What does the law say?

• According to Section 6 of the Delhi Special Police Establishment Act of 1946 under which the CBI functions, the State’s consent is required to extend CBI investigation beyond Union Territories.
• The general consent given by the States enables the CBI to investigate corruption charges freely, as “police” is Entry 2 in the State List under the Seventh Schedule of the Constitution.
• The legal foundation of the CBI has been construed to be based on Entry 80 of the Union List which provides for the extension of powers of the police force belonging to one State to any area in another State but not without its permission.
• In the Advance Insurance Co. Ltd case, 1970, a Constitution Bench held that the definition of “State”, as contained in The General Clauses Act, includes Union Territories as well and hence the CBI, being a force constituted for Union Territories as recognised under the Delhi Special Police Establishment Act of 1946, can conduct investigation into the territories of the States only with their consent.
• The United Nations Convention against Corruption to which India is a signatory also requires firm impartial steps to combat corruption at all levels.

CBI

• Central Bureau of Investigation (CBI) is the premier investigating police agency in India.
• It functions under the superintendence of the of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India – which falls under the prime minister’s office.
• However for investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission.
• It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.
• Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.

Cases Handled by the CBI

• Anti-Corruption Crimes – for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India.
• Economic Crimes – for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
• Special Crimes – for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts – such as cases of terrorism, bomb blasts, kidnapping for ransom and crimes committed by the mafia/the underworld.
• Suo Moto Cases – CBI can suo-moto take up investigation of offences only in the Union Territories.
• The Central Government can authorize CBI to investigate a crime in a State but only with the consent of the concerned State Government.
• The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State.

Director of CBI

• Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
• Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946.
• In 2003, DSPE Act was revised on Supreme Court’s recommendation in the VineetNarain case. A committee that had members from Central Vigilance Commission, Secretaries from Home Ministry, Ministry of Personnel and Public Grievances would send recommendations to Central Government for the appointment of CBI Director.
• In 2014, the Lokpal Act provided a committee for appointment of CBI Director:

Headed by Prime Minister

Other members – Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge.

• Home Ministry sends a list of eligible candidates to DoPT. Then, the DoPT prepares the final list on basis of seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the committee.
• Director of CBI has been provided security of two year tenure, by the CVC Act, 2003.