Daily Prelims Notes 22 March 2023
- March 22, 2023
- Posted by: OptimizeIAS Team
- Category: DPN
Daily Prelims Notes
22 March 2023
Table Of Contents
- Budget Session may be cut short; meetings by Speaker, V-P fail to end House deadlock
- World Water Day
- India lost 668400 ha of forest cover in the last 30 years
- Women take the wheel for safer tourism in Satpura Tiger Reserve
- Satyamangalam Tiger Reserve
- IMF clears $3billion bailout for Sri Lanka
- Afghanistan earthquake shakes north India, aftershocks unlikely
- Petition in High Court challenge corporal punishment in prisons
- 3 States chip in to stop illegal sand mining in Chambal sanctuary
- Global Security Initiative (GSI)
- Is the SARSCoV2 XBB.1.16 lineage a cause for concern?
- Omnibus approach may not work for legislators’ trials: SC
- INS Androth
1. Budget Session may be cut short; meetings by Speaker, V-P fail to end House deadlock
Subject: Polity
Section: Legislature
Context: On Tuesday, for the seventh day in a row, proceedings in both the Houses were adjourned following chaotic scenes. Amid the disorder, the Jammu and Kashmir Appropriation Bill, 2023, was passed in the Lok Sabha. Some MPs said the government may guillotine the demands for grants and pass the Finance Bill without any discussion in Lok Sabha on Thursday
Parliament Session:
- The president from time to time summons each House of Parliament to meet. But, the maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year.
- There are usually three sessions in a year,viz,
- the Budget Session (February to May)
- the Monsoon Session (July to September)
- the Winter Session (November to December)
- A session of Parliament is the period spanning between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha).
- During a session, the House meets every day to transact business. The period spanning between the prorogation of a House and its reassembly in a new session is called recess.
Adjournment motion
- It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted.
- As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this
- The discussion on an adjournment motion should last for not less than two hours and thirty minutes.
- The right to move a motion for an adjournment of the business of the House is subject to the following restrictions:
- It should raise a matter which is definite, factual, urgent and of public importance;
- It should not cover more than one matter;
- It should be restricted to a specific matter of recent occurrence and should not be framed in general terms;
- It should not raise a question of privilege;
- It should not revive discussion on a matter that has been discussed in the same session;
- It should not deal with any matter that is under adjudication by court; and
- It should not raise any question that can be raised on a distinct motion.
Appropriation Bill and Guillotine
Concept:
- Under Article 114(3) of the Constitution, no amount can be withdrawn from the Consolidated Fund without the enactment of such a law by Parliament.
- After the Demands for Grants are voted by the Lok Sabha, Parliament’s approval to the withdrawal from the Consolidated Fund of the amounts so voted and of the amount required to meet the expenditure charged on the Consolidated Fund is sought through the Appropriation Bill.
Guillotine
- The Bill was passed after Speaker Om Birla put it through guillotine, a legislative mechanism to approve the fast-tracking of the passage of outstanding demands for grants without discussion.
- While guillotine literally is a large, weighted blade used for executing a condemned person, in legislative parlance, to ”guillotine” means to bunch together and fast-track the passage of financial business.
- It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
Subject: Environment
Section: International Conventions
Context: World Water Day is observed on March 22 each year to emphasize the significance of water and to create awareness about the global water crisis.
History
- The United Nations General Assembly designated March 22 as World Water Day in 1993, following the recommendation made by the United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil, in 1992.
- The day has been observed annually since 1993 to raise awareness about the importance of freshwater resources and to promote sustainable management of water resources.
Significance of World Water Day
- World Water Day is significant as it raises awareness about the global water crisis and emphasizes the importance of preserving freshwater resources.
- The day promotes the achievement of Sustainable Development Goal 6, which aims to provide access to clean water and sanitation for everyone by 2030.
- World Water Day highlights the challenges related to water scarcity, water pollution, inadequate water supply, and lack of sanitation facilities.
- By creating awareness about these issues, the day inspires individuals, communities, organizations, and governments to take necessary actions to manage freshwater resources sustainably and address water-related challenges.
- Ultimately, World Water Day plays a crucial role in achieving water security, protecting ecosystems, promoting economic development, and improving the health and well-being of people around the world.
World Water Day 2023: Theme
- The focus of World Water Day 2023 is on the theme of ‘Accelerating the change to solve the water and sanitation crisis,’ underlining the vital importance of taking decisive action to address the global water crisis.
- According to the UN, there are billions of people, as well as numerous schools, businesses, healthcare centers, farms, and factories, who lack access to safe water and sanitation facilities. Therefore, it is imperative to move beyond the status quo and take swift measures to accelerate change and address this pressing issue.
Steps taken by Indian Government:
- Jal Jeevan Mission (JJM) envisages supply of 55 litres of water per person per day to every rural householdthrough Functional Household Tap Connections (FHTC) by 2024.
- It comes under Ministry of Jal Shakti.
- JJM focuses on integrated demand and supply-side management of water at the local level.
- Creation of local infrastructure for source sustainabilitymeasures as mandatory elements, like rainwater harvesting, groundwater recharge and management of household wastewater for reuse, would be undertaken in convergence with other government programmes / schemes.
- The Mission is based on a community approach to water and includes extensive Information, Education and Communication as a key component of the mission.
- JJM looks to create a janandolan for water, thereby making it everyone’s priority.
- Funding Pattern: The fund sharing pattern between the Centre and states is 90:10 for Himalayan and North-Eastern States, 50:50 for other states, and 100% for Union Territories.
- For the implementation of JJM, following institutional arrangement has been proposed:
- National Jal Jeevan Mission (NJJM) at the Central level
- State Water and Sanitation Mission (SWSM) at the State level
- District Water and Sanitation Mission (DWSM) at the District level
- Village Water Sanitation Committee (VWSC) at Village level
Case Study:
- Dharwad region: Under Jal Jeevan Mission, groundwater sources are recharged and augmented by revived ponds that act as village-level groundwater-recharge structures. Water from borewells is pumped and stored in overhead tanks.
- North Sikkim:Facililated by the Jal Jeevan Mission, around 90 per cent of the households in the district now have functional household tap connections.
- Village Water and Sanitation Committees (VWSCs) have been formed in all villages that look after operation of installed pipelines and retrofitted works under the mission.
- A nominal amount of Rs 50 is collected as service charge from every beneficiary household and deposited in the VWSC’s account to be utilised for maintenance of the system.
Groundwater in India https://optimizeias.com/decline-in-quantity-and-quality-of-ground-water/
UN Water Conference: https://optimizeias.com/run-up-to-un-water-conference/
3. India lost 668400 ha of forest cover in the last 30 years
Subject: Environment
Section: Ecosystem
Context: India clocked in the second highest rate of deforestation among countries worldwide between 1990 and 2020.
More on the News:
- The study highlighted the trend of deforestation of 98 countries with data collated from 1990 to 2000 and from 2015 to 2020 by Our World In Data, an online data repository.
- India’s deforestation rose from 384,000 hectares between 1990 and 2000 to 668,400 hectares between 2015 and 2020
- India ranked the second highest for the rate of deforestation after losing 668,400 hectares of forest cover in the last 30 years, a report by UK-based Utility Bidder said.
- Brazil and Indonesia clocked in at first and third respectively with Brazil recording 1,695,700 hectares and Indonesia recording 650,000 hectares of deforestation.
- India also topped the chart for biggest increase in deforestation between 1990 and 2020 with a difference of 284,400 hectares in forestry loss.
- In India, the study blamed pressures due to expanding human settlements: “As the country with the second largest population in the world, India has had to compensate for the increase in residents – this has come at a cost in the way of deforestation.”
Forest Cover in India as ISFR 2021:
- The total tree-and-forest cover in the country includes an increase of 1,540 square kilometres of forest cover and 721 sq km of tree cover compared to the 2019 report.
- India’s total forest and tree cover is now spread across 80.9 million hectares, which is 62 per cent of the geographical area of the country.
- Area-wise, Madhya Pradesh has the largest forest cover in the country followed by Arunachal Pradesh, Chhattisgarh, Odisha and Maharashtra.
- There is an increase of 17 sq km in mangrove cover in the country as compared to the previous assessment of 2019.
- Bamboo forests have grown from 13,882 million culms (stems) in 2019 to 53,336 million culms in 2021.
- The total carbon stock in the country’s forests is estimated at 7,204 million tonnes, showing an increase of 79.4 million tonnes since 2019.
4. Women take the wheel for safer tourism in Satpura Tiger Reserve
Subject: Environment
Section: Places in news
Context: As part of the ‘Safe Tourism Destination for Women’ project launched by the Madhya Pradesh government, women drivers have been appointed to take tourists on safaris at the Satpura Tiger Reserve.
More on the News:
- Safe Tourism Destination for Women aims to provide employment opportunities to women from local communities, living in and around tourist destinations, while also ensuring the safety of women at these spots.
- The project was developed using the central government’s Nirbhaya Fund that was set up in 2013 to enhance the safety and security of women in the country.
Satpura Tiger Reserve
- The Satpura Tiger Reserve is located in the Hoshangabad district of Madhya Pradesh and is spread over an area of 1427 square kilometers. It was declared a tiger reserve in 1999 under the Project Tiger initiative.
- The Satpura Tiger Reserve is located in the Satpura Range of Central India, which is a part of the Deccan Plateau.
- Satpura tiger reserve comprises of three protected areas namely,
- Satpura National Park,
- Bori Sanctuary, and
- Pachmarhi Sanctuary.
- Denwa river is the main water source of the park. It originates from south-eastern part of the Hoshangabad district in Madhya Pradesh and flows from east to west direction before joining the Tawa river at the south of Ranipur.
- The Satpura Tiger Reserve is also connected to other wildlife reserves in the region like the Pench Tiger Reserve, Kanha Tiger Reserve, and Bandhavgarh Tiger Reserve. This connectivity helps in the movement of animals and also ensures genetic diversity.
- The Satpura Tiger Reserve is home to a wide variety of flora and fauna. The reserve has a large area of teak forest, which is interspersed with other trees like sal, bamboo, and grasslands.
- The reserve is home to a variety of animals such as tigers, leopards, Indian bison, wild boars, sloth bears, and many species of birds. The reserve also has a large population of the endangered Indian giant squirrel.
- Satpura Tiger Reserve faces various challenges such as human-wildlife conflict, illegal poaching, and habitat loss.
5. Satyamangalam Tiger Reserve
Subject : Environment
Section: Places in news
- Sathyamangalam Tiger Reserve is located in the strategic confluence region of Western and Eastern Ghats. An area of 1,40,924 ha is declared as Tiger Reserve on 15.03.2013 from erstwhile Wild Life Sanctuary with an area of 1,41,161 ha. It comprises of 2 divisions; Sathyamangalam and Hasanur with District headquarters at Erode.
- This area holds a significant population of tiger, and it is also contiguous to other Tiger conservation landscapes like BRT, Bandipur, Mudumalai and Nagarahole.
- The region is also a part of Nilgiri-Eastern Ghats Elephant Reserve and is an abode to about 800 to 1000 Elephants as per Synchronised Elephant Census conducted during 2012.
- The Sathyamangalam Tiger Reserve is the confluence of two distinct geographical regions of bio diversity landscape; Western Ghat and Eastern Ghat. The diversity of habitat has got an assemblage of several species of rare plants, animals, birds, invertebrates, fishes, amphibians, and reptiles.
- The wildlife sanctuary is part of Project Tiger and Project Elephant conservation programmes.These forests are home to indigenous tribal people belonging largely to the Irula tribe (also known as the Urali) and Soliga communities
- Flora: It is mostly tropical dry forest, part of the South Deccan Plateau dry deciduous forests ecoregion. There are five distinct forest types: tropical evergreen (Shola), semi-evergreen, mixed-deciduous, dry deciduous and thorn forests.
- Fauna: It links the Eastern Ghats and Western Ghats allowing gene flow between diverse fauna populations of the two eco-regions. Important fauna include- Bengal tigers, Black Buck, Indian elephants, gaurs, leopards ,spotted deer, blackbucks, sambar deer, barking deer ,four-horned antelopes, wild boars, sloth bears , striped hyenas and feral buffaloes .
- Birds: Many bird species including treepies, bulbuls, babblers, mynahs , crows and critically endangered Indian vulture (Gyps indicus) are noted.
6. IMF clears $3billion bailout for Sri Lanka
Subject: International Relations
Section: International Organization
Concept:
- The International Monetary Fund (IMF) has cleared a $3-billion Extended Fund Facility for Sri Lanka, which is struggling to recover from an economic meltdown.
- The IMF package will help Sri Lanka access up to $7 billion in funding from IMF and various other International Financial Institutions.
- An IMF “governance diagnostic mission” has also started assessing Sri Lanka’s governance and anti-corruption framework in its first such exercise in Asia.
- Sri Lanka’s top three bilateral creditors namely India, Japan and China played a key role in unlocking the IMF assistance to the country, by providing financing assurances.
IMF Bailout Conditions
- In September 2022, International Monetary Fund (IMF) and the Sri Lankan authorities reached a staff-level agreement to support Sri Lanka’s economic policies with a 48-month arrangement under the Extended Fund Facility (EFF) of about $3 billion.
- The objectives of Sri Lanka’s new Fund-supported program are –
- To restore macroeconomic stability and debt sustainability,
- Stepping up structural reforms to address corruption vulnerabilities and unlock Sri Lanka’s growth potential.
Extended Fund Facility
- The Extended Fund Facility (EFF) is a lending facility of the Fund of the IMF and it was established in 1974.
- The EFF provides financial assistance to countries facing serious medium-term balance of payments (BoP) problems because of structural weaknesses that require time to address.
- To help countries implement medium-term structural reforms, the EFF offers longer program engagement and a longer repayment period.
- Eligibility :All member countries of IMF facing actual or potential external financing needs are eligible.
- Conditions:Countries’ policy commitments are expected to focus on structural reforms to address institutional or economic weaknesses, in addition to policies to maintain macroeconomic stability.
- Duration :Typically approved for periods of 3 years, but may be approved for periods as long as 4 years to implement deep and sustained structural reforms.
- Repayment :Over 4½–10 years in 12 equal semi-annual instalments.
Has India availed the EFF in the past?
- In 1980, India had borrowed $ 3.9 billion ,a record amount then under an extended fund facility from the IMF.
- However, the then Government did not avail of the full amount as the economy recovered.
- During the 1991 economic crisis, India borrowed $ 2.2 billion from the IMF under two standby arrangements, between 1991 and 1993.
- A little over a decade later, India emerged as a creditor to the Fund — as its economy recovered and its balance of payments position improved substantially.
7. Afghanistan earthquake shakes north India, aftershocks unlikely
Subject: Geography
Section: Physical Geography (Geomorphology)
Concept:
- Tremors lasting several seconds were felt in Delhi and other parts of North India as a strong 6.6-magnitude earthquake struck Afghanistan recently.
Afghanistan Earthquake
- The earthquake was deep (origin 187.6 km below the earth’s surface) and the epicentre of the earthquake was in northeastern Afghanistan (earthquake prone Hindu Kush region), close to Tajikistan borders.
- Shallow earthquakes are generally more devastating because they carry greater energy when they emerge on the surface.
- Deeper earthquakes lose much of their energy by the time they come to the surface – cause less damage and are more unlikely to be followed by
- However, they spread farther as the seismic waves move radially upwards to the surface.
- That is why the tremors were experienced in Punjab, Rajasthan’s Jaipur, and J&K, however, no damage is reported in India.
- This earthquake was of 5-magnitude.
- Magnitude is a measure of how big the waves are, while the strength refers to the energy it carries.
- Magnitude 6 earthquakes have 10 times higher amplitude than magnitude 5 earthquakes. The energy differential is even higher, 32 times for every change of 1 in magnitude.
About Earthquake
- An earthquake is an intense shaking of the ground caused by movement under the earth’s surface.
- The location below the earth’s surface where the earthquake starts is called the
- The location directly above the hypocentre on the surface of the earth is called the
- It happens when two blocks (tectonic plates) of the earth suddenly slip past one another releasing stored-up ‘elastic strain’ energy in the form of seismic waves.
- These spread through the earth and cause the shaking of the ground.
- They are measured on scales called the –
- Moment Magnitude Scale (Mw), based on the total moment (a product of the distance a fault moved and the force required to move it) release of the earthquake.
- The Richter scale (magnitude scale) – energy released – 0-10.
- The intensity scale/Mercalli scale – visible damage – 1-12.
- Earthquakes continue to remain the most common natural hazard that cannot be predicted as no early warning systems can be developed.
Earthquake High Risk Zones in India
- Western Himalayas continue to be one of the most dangerous seismic zones in the world.
- According to the scientists, the Himalayan region – the 2500-km stretch from the Hindu Kush mountains to the end of Arunachal Pradesh – is due for a big earthquake (magnitude of over 8 on Richter scale) anytime.
- This is because of the huge amount of energy stored along the fault lines due to the continuous interaction of different tectonic plates.
- This energy can be released only in the form of massive earthquakes.
For further notes on Earthquake, refer – https://optimizeias.com/earthquake-3/
8. Petition in High Court challenge corporal punishment in prisons
Subject :Polity
Section: Judiciary
Concept :
- A public interest litigation has been moved before Delhi High Court challenging various provisions of the Prisons Act, 1894, that relate to corporal punishment of inmates for acts of indiscipline.
- The plea argues the provisions are ultra vires of Articles 14, 19(1)(a), 20(2) and 21 of the Constitution of India.
- A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on May 23 along with a similar PIL against the punishment of solitary confinement to prisoners.
- The petition submits that corporal punishment of inmates is “degrading, demeaning and sadistically cruel” and thus, is unconstitutional.
- It also seeks setting up of a Prison Punishment Tribunal, suitably comprised of officials as may be determined by such government, including at least a sitting judge of the concerned High Court, for adjudicating prison offences and giving punishments.
- Note : ‘Prisons’ is a State subject under State List of the Seventh Schedule to the Constitution of India.
Corporal punishment
- Corporal punishment is the most widespread form of physical violence.
- It is any punishment in which physical force is used and intended to cause some degree of pain or discomfort.
- It is a violation of right to human dignity and physical integrity.
- Corporal Punishment can be broadly classified into two types, the first one being Physical and the second one being Mental.
Concerns with the Prisons Act, 1894
- The Prison Act 1894 deals more with the smooth functioning of prison rather than reformation and rehabilitation of prisoners.
- This act has colonial approach which deflects with the contemporary ideology of reformation of prisoners on humanitarian grounds in order to change their heart and mind to become responsible citizens rather than to advocate punitive and disciplinary measures of taming them in prisoners like animals in zoo.
- The prisoners should not be just left on its own in prison to just languish and suffer like dead creatures but should be treated with respect of a human being.
9. 3 States chip in to stop illegal sand mining in Chambal sanctuary
Subject: Environment
Section: Places in news
Concept :
- Three States namely Rajasthan, Madhya Pradesh and Uttar Pradesh have begun a joint action to put an end to the illegal sand mining in the National Chambal Sanctuary, situated at the trijunction of these states.
- Coordination between the three States was discussed at a high-level meeting in Jaipur with special emphasis on protecting the fragile ecosystem critical for the breeding of Gharials.
- National Chambal Sanctuary is known for the critically endangered Gharial populations. Gharials are a species of fish-eating crocodiles.
- Illegal sand mining is threatening the flora and fauna of the sanctuary and close collaborations are required to address the issues associated with illegal mining.
National Chambal Sanctuary
- It was set up in 1979 as a riverine sanctuary along an approximately 425 km length of the Chambal River.
- Its ravines stretches over 2-6 km wide along the Chambal River near the tri-point of Rajasthan, Madhya Pradesh and Uttar Pradesh.
- The National Chambal Sanctuary is listed as an Important Bird Area (IBA) and is a proposed Ramsar site.
- The Chambal river which is a tributary of River Yamuna cuts through the mazes of ravines and hills in the sanctuary.
Ecological Significance:
- The National Chambal Sanctuary is home to critically endangered Gharial (small crocodiles), the red-crowned roof turtle and the endangered Ganges River dolphin.
- Chambal supports the largest population of Gharials in the wild.
- Only known place where nesting of Indian Skimmers is recorded in large numbers.
- Chambal supports 8 rare turtle species out of the 26 found in the country.
- Chambal is one of the cleanest rivers in the country.
- Chambal supports more than 320 resident and migrant birds.
Economic Support:
- Locals directly depended on various resources of the Sanctuary. They farm along the river, extract river water for irrigation, practice sustenance and commercial fishing, and quarry sand.
Chambal River
- It is one of the most pollution-free rivers of India.
- It’s a 960 km. long river that originates at the SingarChouri peak in the northern slopes of the Vindhya mountains (Indore, Madhya Pradesh). From there, it flows in North direction in Madhya Pradesh for a length of about 346 km and then follows a north-easterly direction for a length of 225 km through Rajasthan.
- It enters U.P. and flows for about 32 km before joining the Yamuna River in Etawah District.
- It is a rainfed river and its basin is bounded by the Vindhyan mountain ranges and the Aravallis. The Chambal and its tributaries drain the Malwa region of northwestern Madhya Pradesh.
- Tributaries: Banas, Kali Sindh, Parbati.
- Main Power Projects/ Dam: Gandhi Sagar Dam, Rana Pratap Sagar Dam, Jawahar Sagar Dam, and Kota Barrage.
10. Global Security Initiative (GSI)
Subject : International Relations
Section: Msc
Concept :
- The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.
- It was stated that the five major pillars to implement GSI would be:
- Mutual respect
- Openness and inclusion
- Multilateralism
- Mutual benefit
- Holistic approach
Key Principles of GSI :
- China held that the Global security initiative is envisaged to uphold the principle of “indivisible security”.
- The principle of “indivisible security” means that no country can strengthen its own security at the expense of others.
- This initiative would build an Asian security model of mutual respect, openness and integration.
- It would oppose the destruction of the international order under the banner of so-called rules.
- It will also oppose the dragging of the world under the cloud of the new cold war.
- This initiative will oppose the use of the Indo-Pacific strategy to divide the region and create a new Cold War, and the use of military alliances to put together an Asian version of NATO.
11. Is the SARSCoV2 XBB.1.16 lineage a cause for concern?
Subject : Science and technology
Section: Health
Concept :
- The lineage XBB.1.5, a sub lineage of the XBB, is currently designated as a Variant of Interest (VOI) by the WHO.
- Two such recombinant lineages are currently designated as Variants Under Monitoring (VUM) by the World Health Organization –
- XBB, a recombinant of Omicron sublineages BA.2.10.1 and BA.2.75, and
- XBF, a recombinant of BA.5.2.3 and BA.2.75.3 Omicron sublineages.
- The lineage XBB.1.5, a sublineage of the XBB, first identified in New York City in October 2022, is currently designated as a Variant of Interest (VOI) by the WHO.
XBB.1.16 lineage
- First detected in SARSCoV2 sequences from India, the 1.16 is a recombinant lineage of the virus and is a descendent of the XBB lineage.
- The lineage has been circulating predominantly in India.
- Mutation T478R is associated with immune escape, or the ability of the virus to evade antibodies generated from previous infections or vaccines.
Why is XBB.1.16 a cause for concern?
- Amid the ongoing increase in the number of seasonal influenza H3N2 cases, an uptick in COVID19 cases is also being seen in India in the month of March, despite the low number of testing.
- The total number of active COVID19 cases across the country has increased to over 6,000.
- The fast spreading XBB.1.16 lineage is believed to be responsible for the recent spike in COVID19 cases in India.
- The States of Telangana, Karnataka, Gujarat and Maharashtra have reported the highest number of XBB.1.16 cases.
- Protecting the vulnerable through time tested means could significantly blunt the rise in infections.
XBB.1.16 Variant Detected in 12 Countries
- According to experts, the new XBB.1.16 variant has now been detected in at least 12 countries, with the highest number of cases in India, followed by the US, Brunei, Singapore, and the UK. India has seen a 281% increase in cases and a 17% increase in deaths over the past 14 days
12. Omnibus approach may not work for legislators’ trials: SC
Subject: Polity
Section: Elections
Concept:
- The Supreme Court on Tuesday suggested a State-specific approach to setting up special courts for speedy trial of legislators even as its own amicus curiae flagged that criminal cases against lawmakers have leaped over the 5,000-mark, with 400 of them concerning heinous offences.
- Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice P.S. Narasimha indicated that a “one-size-fits-all” approach may not resolve the problem of long pendency of criminal cases involving MPs and MLAs.
- The court is also considering a plea for lifetime ban on people convicted of offences from contesting elections and becoming Members of Parliament and State Legislative Assemblies.
- The Centre had, in an affidavit filed in 2020, maintained in court that disqualification under the Representation of the People Act of 1951 for the period of prison sentence and six years thereafter was enough for legislators.
Background
- In November 2017, the apex court had directed the setting up of special courts to exclusively try legislators within a deadline of one year.
- A dozen courts were set up for this purpose. On Tuesday, a lawyer told the Bench that all 12 courts were clogged with cases which had not moved an inch all these years.
Disqualification of Convicted Legislators
- The Representation of the People Act, of 1951 specifies the qualifications and the disqualifications of Members of Parliament and state legislatures.
- Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalizing electoral politics.
- Section 8 (3) of the Representation of the People Act, 1951: MP/MLA convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of conviction.
- Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.
- There are two categories of criminal cases that attract disqualification upon conviction.
First Category:
- It contains offences that entail disqualification for a period of six years upon any conviction. Major IPC offences are included under this head, for example:
- making speeches that cause enmity between groups (Sec.153A) and doing so in a place of worship (Sec.505)
- bribery and personation during elections and other electoral offences,
- offences relating to rape and
- Cruelty to women by husband and later’s relatives.
- If the punishment is a fine, the six-year period will run from the date of conviction.
- If there is a prison sentence, the disqualification will begin on the date of conviction and will continue up to the completion of six years after the date of release from jail.
Second Category:
- All other criminal provisions form a separate category under which mere conviction will not entail disqualification.
- A sentence of at least two years in prison is needed to incur such disqualification.
Is there legal protection for legislators against disqualification?
- Under Section 8(4) of the RPA, legislators could avoid immediate disqualification until 2013.
- Section 8(4) allowed convicted MPs, MLAs, and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court.
- In other words, the mere filing of an appeal against conviction will operate as a stay against disqualification.
- But in Lily Thomas vs. Union of India, the Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires, and held that the disqualification takes place from the date of conviction.
Can the disqualification be removed?
- Yes, the Supreme Court has the power to stay not only the sentence but also the conviction of a person.
- In some rare cases, conviction has been stayed to enable the appellant to contest an election.
- But the Supreme Court has made it clear that such a stay should be very rare and for special reasons.
- The RPA itself provides a remedy through the Election Commission.
- Under 11 of the Act, the EC may record reasons and either remove or reduce the period of, a person’s disqualification.
- The EC exercised this power for Sikkim Chief Minister P.S. Tamang, who served a one-year sentence for corruption, and reduced his disqualification so as to contest a byelection and remain in office.
Subject: Science and tech
Section: Defence
Concept :
- The INS Androth, the second in a series of eight Anti-Submarine Warfare Shallow Water Craft (ASW SWC), was launched recently.
About INS Androth:
- It is an Anti-Submarine Warfare Shallow Water Craft (ASW SWC).
- It is built by Garden Reach Shipbuilders and Engineers (GRSE) in Kolkata for the Indian Navy.
- Primary Role: To conduct anti-submarine operations in coastal waters, low-intensity maritime operations, and mine-laying operations.
- It is also capable of full-scale sub-surface surveillance of coastal waters and various surface platforms and coordinated ASW operations with aircraft.
- Features:
- It is about 77.6 meters long and 10.5 meters wide and requires a draught of only 2.7 meters.
- It is propelled by three diesel-driven water jets.
- It can attain a maximum speed of 25 knots.
- It carries lightweight torpedoes, ASW rockets and mines, a close-in weapon system (with a 30 mm gun), and 16.7 mm stabilized remote-controlled guns.
- It will be fitted with hull-mounted sonar and a low-frequency variable depth sonar.
- External Affairs Minister, S. Jaishankar announced the rollout of a technological platform in partnership with the UN — ‘UNITE Aware’ — to help enhance the safety of UN peacekeepers.
- The launch of the UNITE AWARE platform came as India assumed the Presidency of the 15-nation UN Security Council for the month of August.
- This project aims to demonstrate the impact of modern surveillance technology on the detection of asymmetric threats.
- Situational Awareness Software Programme: It utilises modern surveillance technology for real time threat assessments to peacekeepers in maintaining security.
- India has developed the technology platform in partnership with the UN Department of Peacekeeping Operations and the Department of Operational Support.
- Deployment: The platform will be deployed initially in four UN Peacekeeping Missions: MINUSMA (Mali), UNMISS (South Sudan), UNFICYP (Cyprus) and AMISOM (Somalia).
- India’s Contribution: India has contributed USD 1.64 million for this project.
UN Peace keeping:
Joint Effort: It is a joint effort between the Department of Peace Operations and the Department of Operational Support.
- It deploys troops and police from around the world, integrating them with civilian peacekeepers to address a range of mandates set by the UN Security Council (UNSC)and the General Assembly.
- Every peacekeeping mission is authorized by the Security Council.
- Financial Contribution: The financial resources of UN Peacekeeping operations are the collective responsibility of UN Member States.
- According to the UN Charter, every Member State is legally obligated to pay their respective share for peacekeeping.
- India’s Contribution – India is a major contributing nation to UN peacekeeping activities.
- Currently, there are 5506 troops and police from India who have been deployed to nine different UN peacekeeping missions, the second highest amongst troop-contributing countries.
- India has a long tradition of sending women on UN peacekeeping missions.
- In 2007, India became the first country to deploy an all-women contingent to a UN peacekeeping mission.
- The top 5 providers of assessed contributions to United Nations Peacekeeping operations for 2020-2021 are:
- United States (27.89%).
- China (15.21%).
- Japan (8.56%).
- Germany (6.09%).
- United Kingdom (5.79%).