Daily Prelims Notes 18 November 2020

November 18, 2020
Posted by: OptimizeIAS Team
Category: DPN

Table Of Contents

1. ECONOMIC IMPLICATIONS OF NOT JOINING RCEP

Subject : Economy

Context : Even as India opted to stay out after walking out of discussions last year, the new trading bloc has made it clear that the door will remain open for India to return to the negotiating table.

Concept :

Reasons for India’s Withdrawal

Unfavourable Balance of Trade: Though trade has increased the post-Free Trade Agreement with South Korea, ASEAN countries and Japan, imports have risen faster than exports from India.
Chinese Angle: India has already signed FTA with all the countries of RCEP except China. Trade data suggests that India’s deficit with China, with which it does not have a trade pact, is higher than that of the remaining RCEP constituents put together.

This trade deficit is the primary concern for India. Further, from a geopolitical perspective, RCEP is China-led or is intended to expand China’s influence in Asia.

Non-acceptance of Auto-trigger Mechanism: To deal with the imminent rise in imports, India had been seeking an auto-trigger mechanism.

Auto-trigger Mechanism would have allowed India to raise tariffs on products in instances where imports cross a certain threshold. However, other countries in the RCEP were against this proposal.

Protection of Domestic Industry: India had also reportedly expressed apprehensions on lowering and eliminating tariffs on several products like dairy, steel etc.

For instance, the dairy industry is expected to face stiff competition from Australia and New Zealand. The RCEP binds countries to reduce that current level of tariffs to zero within the next 15 years.

Lack of Consensus on Rules of Origin: India was concerned about a “possible circumvention” of rules of origin.

Rules of origin are the criteria used to determine the national source of a product. Current provisions in the deal reportedly do not prevent countries from routing, through other countries, products on which India would maintain higher tariffs.

Reasons For India to Review

Global Economic Stagnation due to Covid-19: With global trade and the economy facing a steep decline due to Covid-19 pandemic, RCEP can serve as a bulwark in containing the free fall of the global economy and re-energising economic activity.
Further, the RCEP presents a unique opportunity to support India’s economic recovery, inclusive development and job creation even as it helps strengthen regional supply chains.
Need For Economic Realism: India should deter seeing RCEP only from the Chinese perspective.
Staying out of RCEP may result in suboptimal economic growth without leveraging Asia-Pacific demand.
In this regard, India can draw inspiration from Japan & Australia, as they chose to bury their geopolitical differences with China to prioritise what they collectively see as a mutually beneficial trading compact.
Strategic Need: It is not just because gains from trade are significant, but the RCEP’s membership is a prerequisite to having a say in shaping RCEP’s rules.
This is necessary to safeguard India’s interests and the interests of several countries that are too small to stand up to the largest member, China.
Moreover, staying out of RCEP may also affect India’s Act East policy.

2. REGULATORY SANDBOX

Subject : Economy

Context : Testing of products under the RBI’s regulatory sandbox, which was delayed on account of COVID-19 pandemic, has commenced, with two entities starting the ‘test phase’ with their products.

Concept :

The central bank had announced opening of the first cohort under regulatory sandbox, with ‘Retail Payments’ as its theme, in November last year.
It had received applications from 32 entities, of which six were selected for the ‘test phase’.
Regulatory sandbox usually refers to live testing of new products or services in a controlled/test regulatory environment for which regulators may (or may not) permit certain relaxations for the limited purpose of the testing.
The regulatory sandbox allows the regulator, innovators, financial service providers and customers to conduct field tests to collect evidence on the benefits and risks of new financial innovations.
The objective of the regulatory sandbox is to foster responsible innovation in financial services, promote efficiency and bring benefit to consumers.

3. HURRICANE IOTA

Subject : Geography

Context : Hurricane Iota made landfall in Nicaragua in Central America on Monday night and has developed into a category five storm.

Concept :

Iota was spotted as a tropical depression last week in the Central Caribbean Sea by the US National Hurricane Center (NHC).
The Atlantic Hurricane season runs from June to November and covers the Atlantic Ocean, the Caribbean Sea and the Gulf of Mexico, while the Eastern Pacific Hurricane season runs from May 15 to November 30.

Hurricanes:

Tropical cyclones or hurricanes use warm, moist air as fuel, and therefore form over warm ocean waters near the equator.
The tropical cyclones that form over the Atlantic Ocean or the eastern Pacific Ocean are called hurricanes and the ones that form in the Northwest Pacific are called typhoons. Tropical storms that form in the Bay of Bengal or the Arabian Sea are called cyclones.
Hurricanes are categorised on the Saffir-Simpson Hurricane Wind Scale, which rates them on a scale of 1 to 5 based on wind speed.
Hurricanes that reach category three or higher are called ‘major hurricanes’ because of their potential to cause devastating damage to life and property. Iota is a category five storm.

4. MP FREEDOM OF RELIGION BILL

Subject : Legislation

Context : State Home minister announced that Madhya Pradesh Dharma Swatantrya Vidheyak (Freedom of Religion bill) 2020 will be tabled in the assembly.

Concept :

The bill will have provisions of rigorous imprisonment up to five years on forcible marriage, seduction and forced conversions, and the charge will be cognisable and non-bailable.
The bill would also have provisions to declare forced marriage and conversions null and void. Collaborators in the crime would be prosecuted as the ‘main accused’.
The name of the bill seems to be an echo of the Madhya Pradesh Freedom of Religion Act, 1968, which was enacted by the then Congress government to stop conversion through “allurement, force or fraud”.
In 2006, the state government unsuccessfully tried to amend it to make it mandatory for those wishing to convert, and for the religious leader, to inform the district magistrate a month in advance.
The clause will now be a key aspect of the proposed Madhya Pradesh Dharma Swatantrya Vidheyak 2020.
The Uttar Pradesh, Haryana, Assam and Karnataka governments have also spoken of such a law, but MP has taken the first step.

5. ARTICLE 32

Subject : Polity

Context : A Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.

Concept :

Article 32 is one of the fundamental rights listed in the Constitution that each citizen is entitled.
Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
Only if fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.
Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
Habeas corpus – related to personal liberty in cases of illegal detentions and wrongful arrests
Mandamus — directing public officials, governments, courts to perform a statutory duty;
Quo warranto — to show by what warrant is a person holding public office;
Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.

6. FAKE NEWS

Subject : Polity

Context : The Supreme Court on Tuesday asked the Centre to explain its mechanism against fake news and bigotry on air, and to create one if it did not already exist.

Concept :

Laws and Regulation to Curb Fake News in India

There is no specific law against fake news in India. Free publication of news flows from Article 19 of the Constitution guaranteeing freedom of speech.
Press Council of India, a regulatory body, can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has violated journalistic ethics.
News Broadcasters Association (NBA) represents the private television news and current affairs broadcasters. The self-regulatory body probes complaints against electronic media.
Indian Broadcast Foundation (IBF) also looks into the complaints against contents aired by channels.
Broadcasting Content Complaint Council (BCCC) admits complaints against TV broadcasters for objectionable TV content and fake news.
Indian Penal Code (IPC) has certain sections which could curb fake news: Sections 153 (wantonly giving provocation with intent to cause riot) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) can be invoked to guard against fake news.
Section 66 in The Information Technology Act, 2000: If any person, dishonestly or fraudulently, does any act referred to in section 43 (damage to computer, computer system), he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.
Civil or Criminal Case for Defamation is another resort against fake news for individuals and groups hurt by the fake news. IPC Section 499 (defamation) and 500 (whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both) provide for a defamation suit.

7. STATE ELECTION COMMISSION

Subject : Polity

Context : Andhra Pradesh State Election Commission has decided to conduct the grama panchayat elections in February 2021.

Concept :

State Election Commission:

The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).
The State Election Commissioner is appointed by the Governor.
As per article 243(C3) the Governor, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the SEC.

Do ECI and SECs have similar powers?

The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are almost identical to those of Article 324 related to the EC. In other words, the SECs enjoy the same status as the EC.
In Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad case, the Supreme Court directed that state governments should abide by orders of the SECs during the conduct of the panchayat and municipal elections, just like they follow the instructions of the EC during Assembly and Parliament polls.

Judicial Intervention

Courts cannot interfere in the conduct of polls to local bodies and self-government institutions once the electoral process has been set in motion.
Article 243-O of the Constitution bars interference in poll matters set in motion by the SECs; Article 329 bars interference in such matters set in motion by the EC.
Only after the polls are over can the SECs’ decisions or conduct be questioned through an election petition.
These powers enjoyed by the SECs are the same as those by the EC.

8. ASIAN DEVELOPMENT BANK

Subject : International Organisations

Context : The Asian Development Bank (ADB) on Tuesday said it had allocated $20.3 million in aid to developing member countries to access COVID-19 vaccines and establish systems to enable equitable vaccine distribution.

Concept :

Asian Development Bank (ADB) is a regional development bank established on 19 December 1966, which is headquartered in Manila, Philippines.
ADB aims to promote social and economic development in Asia.
The bank admits the members of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) and non-regional developed countries.
The ADB was modeled closely on the World Bank, and has a similar weighted voting system.
From 31 members at its establishment, ADB now has 68 members.
ADB is an official United Nations Observer.
India was a founding member of the Asian Development Bank (ADB) in 1966 and is now the bank’s fourth largest shareholder and top borrower.
ADB’s five largest shareholders are Japan and the United States (each with 15.6% of total shares), the People’s Republic of China (6.4%), India (6.3%), and Australia (5.8%).

9. NHRC

Subject : National Organisation

Context : Guidelines to the government to improve women’s participation in the workforce would be issued by the National Human Rights Commission (NHRC) soon.

Concept :

National Human Rights Commission (NHRC):

It is a statutory body established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993.
The Act also provides for the creation of the State Human Rights Commission as well.

Composition:

The chairperson is a retired chief justice of India or a judge of the Supreme Court.
They are appointed by the President on the recommendations of a six-member committee consisting of:
Prime Minister (head)
Speaker of the Lok Sabha
Deputy Chairman of the Rajya Sabha
Leaders of the Opposition in both the Houses of Parliament
Union Home Minister.

Term and removal:

They hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
The President can remove them from the office under specific circumstances.