Kiran's UPSC Mains GS Paper II Short Notes - PDFCOFFEE.COM (2024)

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UPSC MAINS

GS PAPER-II SHORT NOTES

GOVERNANCE, CONSTITUTION, POLITY, SOCIAL JUSTICE AND INTERNATIONAL RELATIONS HOW TO SCORE CONSISTENTLY HIGH MARKS IN UPSC MAIN GS PAPERS

Score 450+Marks VIKAS SANGWAN IPS 2017 BATCH FOR FRANCHISEE CONTACT :

RU-67, PITAMPURA, DELHI-110034, Ph : 9821874015, 9821643815

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NEW EDITION The copyright of this book is entirely with the Kiran Institute of Career Excellence Pvt. Ltd. The reproduction of this book or a part of this will be punishable under the Copyright Act. All disputes subject to Delhi jurisdiction. Every possible effort has been made to ensure that the information contained in this book is accurate at the time of going to press, and the publishers and authors cannot accept responsibility for any errors or omissions, however caused. No responsibility for loss or damage occasioned to any person acting, or refraining from action, as a result of the material in this publication can be accepted by the editor, the publisher or any of the authors.

©Kiran Institute of Career Excellence Pvt. Ltd. (KICX)

Compiled by : Think Tank of PRATIYOGITA KIRAN & KIRAN PRAKASHAN

Assistance : Team IAS Kiran & KLA IAS

Design & Layout by :

KIRAN COMPUTER SECTION, New Delhi.

Kiran Prakashan PVT. LTD. KIRAN PRAKASHAN

Delhi : RU-67, Opposite Power House, Pitampura, Delhi-110034, Ph. : 011-27342249, 47521267, Fax : 011-27345258 www.kiranprakashan.com

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Foreward I have great pleasure in placing this book before the Civil Services aspirants. The book covers short-notes for General Studies to cover most of the hot topics which are in news in the past 2-3 years. This comprehensive volume would enable students to acquire a complete and detailed understanding of question pattern asked by UPSC, related topics and how notes can be prepared on them. I have prepared these notes by covering daily newspapers, monthly magazines, online portals and government websites like PIB PRS MHA. I used Evernote (a free application) on my laptop to create notes for all GS papers and kept updating them on a daily basis. The benefit of web-based notes is that one can easily edit/update notes at comfort. Though similar can be achieved in paper notes with little less ease. These notes will be helpful for aspirants who are following newspaper on a daily basis as they could easily relate to topics mentioned in the short notes. Though almost all topics give a short background, mention arguments in favour and against and have a conclusion to give a sense of completion. This should be the ideal approach even while attempting the UPSC GS papers in exam. General Studies-1 volume Covers topics related to Indian History, Art and Culture, World History, Geography and Society. These notes can be supplemented with standard books recommended for various GS-1 topics for quick revision and enhancing marks in Overall GS. General Studies-2 volume covers topics related to Indian Constitution, Governance and Social Justice, International Relations. An effort has been made to make the contents of this book relevant, short and up-to-date. General Studies-3 volume covers topics related to Indian Economy, Infrastructure ( Energy, Transport, Communication), Agriculture and food processing, Science and Technology, Environment, Disaster Management, Internal Security, Defence and Space developments. An effort has been made to make the contents of this book relevant, short and up-to-date. General Studies-4 volume covers short notes on various terms, definitions, relevant examples. An approach to solving case studies has also been discussed. A glossary of ethical terms is also listed to enhance aptitude towards greater understanding of the syllabus. My sincere thanks to Shri S. N. Prasad of Kiran Institute of Career Excellence (KICX) Pvt Ltd for their unstinted cooperation in bringing out these notes.

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CONTENTS : GS-II GOVERNANCE, CONSTITUTION, POLITY, SOCIAL JUSTICE AND INTERNATIONAL RELATIONS India Secularism ..................................... 22 Federal Structure .................................... 22 Federalism and issues ........................... 23 t Politicization of Governors - Appointment and Removal t Should Governor be Impeached like Judges? t Equal Representation of States in the Rajya Sabha t Inter-State Water Conflicts Constitutional and Legal Framework t Sarkaria Commission Observations and Recommendations t Inter-State Water Disputes (Amendment) Act, 2002 t Satluj Yamuna Link - Haryana Punjab dispute t Ravi Beas Case t Cauvery Dispute t Lessons from Tribunal Experience and Suggestions t Inter State Water Disputes (Amendment) Bill, 2011 t Need of Rajya Sabha t Article 370 t Special Category Status (SCS) Local Governance .................................. 31 t MPLADS Scheme t 73rd and 74th constitutional amendments - issue of women representation t Some provisions to augment financial resources of municipalities t Direct election for Mayor t Urban planning and Local democracy 5th and 6th Schedule ............................. 34 Executive, Legislature, Parliament and Separation of Powers ............................. 34 t Power of Lieutenant Governors in UT t Misuse of Ordinance making powers (Art 123 and Art 213) t Legislative Councils t Death Penalty:

Judiciary, Ministries and Departments and Dispute Resolution Mechanisms .......... 37 t Judicial Activism t Judges Appointment t NJAC 2013 Bill t Memorandum of Procedure (MoP) for appointment of judges: t Removal of Judges - Per Constitution of India: t Alternative dispute redressal (ADR) Elections, RPA ........................................ 44 t Foreign Funding of Political Parties (FCRA changes) t Budget 2017 Electoral Reforms proposed t Electoral Reforms Constitutional, Statutory, Quasi-Judicial, Regulatory bodies .................................. 47 t Constitutional Bodies p CAG p Election Commission t Statutory, Quasi-Judicial, Others p Statutory p Quasi-Judicial p CVC p The National Human Rights Commission (NHRC) t Quasi - judicial p NCDRC p NGT t Regulatory Bodies Films and TV ........................................... 43 t Governance & Social Justice Gov, e-Gov, Citizen charters .................. 55 t Fodder t e-Gov t What is governance p e-Governance p m-Governance Citizen Charter ........................................ 49 t PRAGATI (Pro-Active Governance And Timely Implementation) platform

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Senior Citizens ....................................... 91 t National Centre for Ageing t Vayoshreshtha Samman Role of civil services in democracy ...... 62 t Constitutional Provisions and Acts t Importance and functions performed by Disabled Persons ................................... 92 t Constitutional Provisions and Acts Civil servants t The Marrakesh VIP Treaty of WIPO (World t Prosecution of Civil Servants Intellectual Property Organisation) t Central Civil Services (Conduct) Rules Minorities, SC/STs, OBC and others ..... 94 1964 t Bezada Wilson t Domain based lateral entry in higher civil t Caste System and Unaccountability (exservices Untouchables/dalits/downtrodden) t Civil Services Role in a Democracy t Tribal rights and issues t Prakash Singh vs UOI (2006) t Xaxa Committee 2014 Role of NGO, SHG, donors, charities and t Dalit Capitalism: others ................................................. 67 t Tribals t NGO t SC and STs Economic Empowerment t NGO & Donors: t Van Bandhu Kalyan Yojana t Self Help Groups t Backward Classes (OBC) Child (Welfare Schemes) ....................... 73 t Religious Minorities t Vulnerable Sections (general): Sexual Minorities .................................. 100 t Child Issues t Transgender Policy t Denotified and Nomadic Tribes (DNTs) t Child labour t National Action Plan for Children, 2016 Education .............................................. 101 t Education for girls (NAPC) Women ................................................. 77 t 4 pillars of education t Medical Termination of Pregnancy Act t Pre-school Programme t Primary education (I to V) and Elementary (MTPA) 1971 education (I to VIII) t Domestic Violence or Intimate Partner Viot SSA lence (IPV) t RTE Act 2009 t Women trafficking t Annual Status of Education Report (ASER) t Paid Domestic Workers 2014 t Women Empowerment t No Detention Policy (NDP) under RTE t Pre-Conception and Pre-Natal Diagnostic t T.S.R. Subramanian on New Education Techniques Act, 1994 Policy (NEP) 2016 HR, Skill, Youth, Employment, Sports .. 84 t Higher Education t Sports 78 t NEET t NSDF/ TOP t Low global Ranking of higher educational institutions t Khelo India Scheme t ‘Global Initiative of Academic Networks’ t Drug abuse (GIAN) by MHRD t BCCI reforms Healthcare ............................................ 109 t Justice R.M. Lodha Committee 2016 report- on functioning of BCCI (Report on t National Health Profile 2015 t National Health Policy 2017 Cricket Reforms) t Digital India Programme (DIP) t UID or Aadhaar Project t National e-Governance Plan (NeGP)

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Rural ............................................... 130 Diseases/ NCD/ Chronic diseases t Saansad Adarsh Gram Yojana (SAGY) t National Vector Borne Disease Control t Shyama Prasad Mukherji Rurban Mission (SPMRM) Programme t PM Gram Sadak Yojana (PMGSY) t Draft National Health Policy 2015 t LARR (Amendment Bill) 2013: t Mental Health Policy 2014 t SC verdict on Land Acquisition (2016) t National Health Mission t North East t National AYUSH Mission p Bezbaruah Committee: t Rashtriya Swasthya Bima Yojana (RSBY) BILLS ............................................... 132 t Sterilization/Family Planning t Anti Trafficking Bill 2018 t Infant t Draft Trafficking of Persons (Prevention, t Mission Indradhanush Protection and Rehabilitation) Bill 2016 t Leprosy t IIM Bill 2017 t Janani Suraksha Yojana (JSY) t International Child Abduction Bill, 2016 / t Janani Shishu Suraksha Karyakram Untraceable Kids/ Missing Children (JSSK) t HIV and AIDS (Prevention and Control) Bill, t Pradhan Mantri Swasthya Suraksha 2014 Yojana (PMSSY) t Citizenship (amendment) bill, 2016 t Global Call to Action Summit 2015 t National Medical Commission Bill t Medical tourism in India 2016 (draft Proposed by NITI Aayog) t Tax on Tobacco t Mental Health Bill 2016 (Passed by RS; t Mobile-health initiatives (mHealth) Pending in LS) t W IFS (Weekly Iron and Folic t Maternity Benefit (Amendment) Bill, acid Supplementation) 2016 (amends Act 1961) Poverty and Hunger ............................. 121 t Assisted Reproductive Technology (ART) t Committees on Poverty Line: bill 2014 p Tendulkar Committees t Lokpal and Lokayukta Act, 2013 p Rangarajan t Amendment Bill 2016 t MNREGA Scheme t The Medical Treatment of Terminally ill Patients Bill 2016 t National Urban Livelihood mission t Draft National Water Framework Bill 2016 t Public Distribution System: t Delhi (Right of Citizen to Time-Bound Det NFSA 2013: livery of Services) Amendment Bill 2015 t Global Hunger Index (GHI) 2016 Water and Rivers .................................. 127 t Insolvency and Bankruptcy Code 2016 t Commercial Courts, Commercial Division t Ganga and Commercial Appellate Division of High t National Council for River Ganga (RejuCourts Act, 2015 venation, Protection and Management) t Arbitration and Conciliation Act (Amend2016, ment) Bill 2015 t Yamuna: t The Geospatial Information Regulation Bill, p Yamuna Action Plan (YAP) 2016 Urban ............................................... 129 t Compensatory Afforestation Fund t Housing: (CAF) (amendment) Bill, 2015 t AMRUT - Atal Mission for Rejuvenation t Enemy Property Bill, 2016 (Passed in both and Urban Transformation houses) t Lifestyle diseases/ Non Communicable

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t The Regional Centre for Biotechnology Bill,

t Criminal Defamation (Sec 499, 500 IPC)/

2016 (under Ministry of S&T) t Maharashtra Prohibition of Social Boycott Act, 2016 t Factories (Amendment) bill 2014 t The National Waterway Act 2016 t Gujarat Labour Laws Bill 2016 t Gujarat Control OF Terrorism and Organized Crime Bill (GCTOC) 2015 t Model Shops and Establishments Act 2015 t Real Estate (Regulation and Development) Bill, 2016 t GST (Goods & Services Tax) CAA 122nd 2016 t Aadhaar (Targeted Delivery of Subsidies, Benefits and Services) Act, 2016 t The Payments of Bonus Act of 2015 t Juvenile Justice (Care and Protection of children) Act 2015 t The Whistle Blowers Protection (Amendment) Bill 2015 t Official Secrets Act, 1923 provisions in contravention to RTI 2005 t Road Transport and Safety Bill 2014 t Consumer Protection Bill 2015 (replaces Consumer Protection Act, 1986) t Bureau of Indian Standards Bill, 2015 t Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 t SC/ST(Prevention of Atrocities Act) PoAA 1989 - Amendment Act 2015 t Child Labour (Prohibition and Regulation) Amendment Act 2016 t The Rights of Persons with Disabilities Bill, 2014 (pending in Parl) t The Benami Transactions (Prohibition) Amendment Bill, 2015 (amends 1998 act) t Prevention of Corruption (Amendment bill 2013) Act 1988 t Landmark judicial decisions: General Issues ...................................... 164 t Racism t Right to life, De-criminalisation of section 309 (attempt to Suicide): t 5 year Plan (FYP) to 15 year

Sedition/Freedom of Speech Sedition - 124A of IPC Section 295(A) of IPC Section 199(2) to (4) of CrPC Forest Fires Nation/Nationalism/ JNU controversy Commercial surrogacy Assisted Reproductive Technology (ART) bill 2014 Uniform Civil Code Prison reforms Antiquities Shyam Benegal Committee on framework for certification of films and revamp of CBFC (Central Board of Film Certification) Triple Talaq RTI 2005- Right to information - a new activism (10 yrs of success) Water Crisis/ Shortage/ Drought Simultaneous elections Lok Sabha and Legislative assemblies/ Electoral reforms Good Samaritans Labour reforms Black Money Kingfisher fiasco (Vijay Mallya) / GSPC KG Basin scam CSR - Corporate Social Responsibility Medical Council of India (MCI) President rule Limits on the usage of money bill (Aadhar bill controversy): Odd-Even Scheme for Delhi Transport HUL Kodikanal (TN) Mercury poisoning case Women and religion Religion and Women Women and conflicts with rights Kambala Jallikattu Death Penalty Convicts Alcohol Ban Dress code in temple Overuse of Cess Rising Intolerance

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UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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t Tipu Sultan controversy

t Declining CSR/ Child Sex Ratio/ Saving

t Beef ban

Girl Child t Beti Bachao-Beti Padhao (BBBP) t Sukanya Samridhi Yojna t MNREGA / MGNREGA t National Hydrology Project (NHP) SCHEME / EXAMPLES ......................... 219 INTERNATIONAL RELATIONS ............. 228 t India and its Neighbours ................ 228 p India-Bangladesh p India-Myanmar p India-Bhutan p India-Maldives p India-Nepal p India-Sri Lanka p India-Pakistan p India-Afghanistan p India-Mauritius t India-Africa t India-Australia t India-Central Asia t India-China t India-Europe t India-UK t India-Germany t India-EU t India-Japan t India-Middle East, West Asia t Iran-Saudi Arabia conflict t India-Saudi Arabia t India-UAE t India-Kuwait t India-Iran t India-Oman t India-Qatar t India-Israel t India-Russia t Indian Ocean Region (IOR) t India-US t India-LAC t India-Look East Policy

t Dam Rehabilitation and Improvement

Project (DRIP) t Reservation System t Sex Determination/ Falling Sex ratio t SDG 2015 t Net Neutrality/ TRAI/ Differential pricing GOV. POLICIES / MISSION ................... 203 t Smart Cities t AMRUT t National Food Security Mission (NFSM) Under Ministry of Agriculture & Family Welfare t NFSA - National Food Security Act under Ministry of Consumer Affairs, Food and Public distribution t Direct benefit Transfer - DBT (world’s largest DBT scheme) t LPG/PAHAL t Kerosene t Fertilizers t Make in India p Ease of doing business: p FDI p Intellectual Property Facts: p National Manufacturing t Sanitation t SBA (Swachh Bharat Abhiyaan) 2014 t Swachh Survekshan t Deendayal Upadhyay Swaniyojan Yojana (DUSY) t Deen Dayal Upadhyaya Antyodaya Yojana’- DAY t Shyama Prasad Mukherji Rurban Mission (SPMRM) t Project ‘Mausam’ t Pradhan Mantri Awaas Yojana (Gramin) to achieve Housing for All by 2022 t Pradhan Mantri Awaas Yojana (Urban) (earlier as Housing for All 2022) t Social Economic and Caste Census (SECC) 2011

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India-Cambodia p N-Korea p India-South korea p India-Brunei p India-Malaysia p India-Thailand p India-Singapore p India-Fiji p India-Vietnam Role of Diaspora in Indian dev. ............277 Nuclear Initiatives .................................278 t North Korea’s Hydrogen Bomb test (Jan 2016) India-Pacific ..........................................280 Indian Ocean Rim Association for Regional Cooperation (IOR-ARC) now IORA 282 NAM relevance ......................................283 Internatinal Conventions, Agreements .284 t Trade Facilitation Agreement (TFA) of WTO p TFA in services (TFS) - India’s Perspective: p Mega-regional trade agreements: p RCEP (Regional Cooperation for Economic Partnership) - underway p Transatlantic Trade and Investment Partnership (TTIP) - underway t WTO p Nairobi Summit 2015 p 11th WTO ministerial meet - Buenos Aires Dec 2017 t Maritime Issues t UNSC membership to India: IR ORGANISATIONS AND OTHERS ....292 t Asia-Pacific Economic Cooperation (APEC) t ASEAN-India t India - EU summit 2016 (Brussels, Belgium) t 8th BRICS Summit 2016 t Human Rights Watch (HRW) t Amnesty International p

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t International Tribunal for the Law of the Sea

(ITLOS) - seat (Hamburg, Germany) p The UNCLOS convention t Kaladan Multi-Modal Transit Transport Project t India–Myanmar–Thailand Trilateral Highway t United States Commission on International Religious Freedom (USCIRF) t Hague Convention t Raisina Dialogue t Shangri-La (hotel) Dialogue 2016 Singapore t Manama Declaration 2016 Reports ...............................................296 International Institutions ......................297 t IAEA t Nuclear Supplier Group (NSG) t NPT t Comprehensive Nuclear-Test-Ban Treaty (CTBT) t Missile Technology Controls Regime (MTCR) t Wassenaar Arrangement (Netherlands) t The Australia Group t Hague Code of Conduct against Ballistic Missile Proliferation (HCoC) t 4th Nuclear Security Summit(NSS) 2016, Washington DC, US t IMF t BRICS t SCO t Shanghai Co-operation Organisation, HQ: Beijing t APEC t AIIB t ADB t NDB t RIC (Russia-India-China) t International Seabed Authority (ISA) t The Bay of Bengal Initiative for MultiSectoral Technical and Economic Cooperation (BIMSTEC) ppp

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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GOVERNANCE, CONSTITUTION, POLITY, SOCIAL JUSTICE AND INTERNATIONAL RELATIONS [BLOCK-1] POLITY: BASICS OF CONSTITUTION GS2 Syllabus Topic: Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure; Comparison of Indian constitutional scheme with other countries’ Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

2017

Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?

2016

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

2015

Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard.

2015

Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

2015

What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.

2014

Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.

2013

POLITY: THE EXECUTIVE GS2 Syllabus Topic: l

Executive (structure, organisation, functioning);

l

Ministries and Departments (of Union and State governments) Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse.

2014

The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far the efficacy of a government then is inversely related to the size of the cabinet? Discuss. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2014

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POLITY: LEGISLATURE & ELECTIONS GS2 Syllabus Topic: l Union and State Legislatures (structure, functioning, conduct of business, powers & privileges; issues therein); l Salient features of the Representation of People’s Act. ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss.

2017

To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful?

2017

The Indian Constitution has provisions for holding joint session of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof.

2017

The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss.

2016

The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be addressed?

2014

The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?

2013

POLITY: SEPARATION OF POWERS GS2 Syllabus Topic: l

Separation of Powers (between different organs, dispute redressal mechanisms, institutions);

l

Judiciary (structure, organisation functioning) Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India.

2017

What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?

12

2016

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed?

2015

Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

2014

The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution. Discuss critically.

2013

POLITY: FEDERALISM & LOCAL GOVERNANCE GS2 Syllabus Topic: l

Functions & responsibilities of the Union and the States; issues and challenges of federal structure;

l

Devolution of powers and finances to local levels; challenges therein. “The local self-government system in India has not proved to be effective instrument of governance”. Critically examine the statement and give your views to improve the situation.

2017

Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics?

2016

To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity.

2016

Did the Government of India Act, 1935 lay down a federal constitution? Discuss.

2016

The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings.

2015

In absence of a well-educated and organized local level government system, ‘Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss.

2015

Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2014

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Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.

2013

Many State Governments further bifurcate geographical administrative areas like Districts and Talukas for better governance. In light of the above, can it also be justified that more number of smaller States would bring in effective governance at State level? Discuss.

2013

Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.

2013

POLITY: BODIES GS2 Syllabus Topic: Appointment to various Constitutional posts; Constitutional Bodies (powers, functions and responsibilities); Statutory, Regulatory and Quasi-judicial bodies Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer.

2017

Exercise of CAC’s powers in relation to the accounts of the Union and the States is derived from Article 149 of the Indian Constitution. Discuss whether audit of the Government’s Policy implementation could amount to overstepping its own (CAG) jurisdiction.

2016

What is a quasi-judicial body? Explain with the help of concrete examples.

2016

What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss.

2015

“For achieving the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous.” Discuss in the light of the experiences in recent past.

2015

National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of the above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards.

2014

The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to demand subsidy for obligation to operate non-profitable routes and services. Taking into account the experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the Indian Railways or the private container operators.

14

2014

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Discuss the recommendations of the 13th Finance Commission which have been a departure from the previous commissions for strengthening the local government finances.

2013

The product diversification of financial institutions and insurance companies, resulting in overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify.

2013

[BLOCK-2] POLICIES FOR SECTORS, SERVICES WELFARE: POLICIES & SCHEMES GS2 Syllabus Topic: Welfare Schemes (centre, states; performance, mechanisms, laws, institutions and bodies constituted for protection of vulnerable sections); Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss

2017

Two parallel run schemes of the Government viz. the Adhaar Card and NPR, one as voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve developmental benefits and equitable growth.

2014

Do government’s schemes for up-lifting vulnerable and backward communities by protecting required social resources for them, lead to their exclusion in establishing businesses in urban economics?

2014

The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment.

2013

Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption, eliminate wastage and facilitate reforms. Comment.

2013

GS2 Syllabus Topic: Poverty and hunger issues Hunger and Poverty are the biggest challenges for good governance in India still today. Evaluate how far successive governments have progressed in dealing with these humongous problems. Suggest measures for improvement.

2017

‘Poverty Alleviation Programmes in India remain mere show pieces until and unless they are backed by political will’. Discuss with reference to the performance of the major poverty alleviation programmes in India.

2017

Though there have been several different estimates of poverty in India, all indicate reduction in poverty levels over time. Do you agree? Critically examine with reference to urban and rural poverty indicators. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2015

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The Central Government frequently complains on the poor performance of the State Governments in eradicating suffering of the vulnerable sections of the society. Restructuring of Centrally sponsored schemes across the sectors for ameliorating the cause of vulnerable sections of population aims at providing flexibility to the States in better implementation. Critically evaluate.

2013

WELFARE: SOCIAL SERVICES: HEALTH, EDU, HRD GS2 Syllabus Topic: Social Sector & Social Services (health, education, human resources – issues in development, management); ‘To ensure effective implementation of policies addressing water, sanitation and hygiene needs, the identification of beneficiary segments is to be synchronized with the anticipated outcomes’ Examine the statement in the context of the WASH scheme.

2017

Examine the main provisions of the National Child Policy and throw light on the status of its implementation.

2016

“Demographic Dividend in India will remain only theoretical unless our manpower becomes more educated, aware, skilled and creative.” What measures have been taken by the government to enhance the capacity of our population to be more productive and employable?

2016

Professor Amartya Sen has advocated important reforms in the realms of primary education and primary health care. What are your suggestions to improve their status and performance?

2016

The quality of higher education in India requires major improvements to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of higher and technical education in the country? Discuss.

2015

Public health system has limitations in providing universal health coverage. Do you think that the private sector could help in bridging the gap? What other viable alternatives would you suggest?

2015

An athlete participates in Olympics for personal triumph and nation’s glory; victors are showered with cash incentives by various agencies, on their return. Discuss the merit of state sponsored talent hunt and its cultivation as against the rationale of a reward mechanism as encouragement.

2014

Should the premier institutes like IITs/IIMs be allowed to retain premier status, allowed more academic independence in designing courses and also decide mode/criteria of selection of students. Discuss in light of the growing challenges.

16

2014

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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The concept of Mid Day Meal (MDM) scheme is almost a century old in India with early beginnings in Madras Presidency in pre-independent India. The scheme has again been given impetus in most states in the last two decades. Critically examine its twin objectives, latest mandates and success.

2013

Identify the Millennium Development Goals (MDGs) that are related to health. Discuss the success of the actions taken by the Government for achieving the same.

2013

WELFARE: SECTORAL POLICIES (ECONOMY RELATED) GS2 Syllabus Topic: Government Policies & Interventions for development of various sectors (issues in their design, implementation) Explain the salient features of the constitution(One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough ‘to remove cascading effect of taxes and provide for common national market for goods and services’?

2017

Has the Indian governmental system responded adequately to the demands of Liberalization, Privatization and Globalization started in 1991? What can the government do to be responsive to this important change?

2016

Though 100 percent FDI is already allowed in non-news media like a trade publication and general entertainment channel, the Government is mulling over the proposal for increased FDI in news media for quite some time. What difference would an increase in FDI make? Critically evaluate the pros and cons.

2014

[BLOCK-3] GOVERNANCE & GROUPS GOVERNANCE: ACCOUNTABILITY & E-GOV 1. GS2 Syllabus Topic: Important aspects of governance; Transparency and accountability (institutional and other measures); Citizens Charter; 2. GS2 Syllabus Topic: E-Governance (applications, models, successes, limitations, potential) Discuss the role of Public Accounts Committee in establishing accountability of the government to the people.

2017

“Effectiveness of the goverment system at various levels and people’s participation in the governance system are inter-dependent.” Discuss their relationship with each other in context of India.

2016

In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political, economic, social and cultural factors that have caused the decline of public morality in India.

2016

In the light of the Satyam Scandal (2009), discuss the changes brought in corporate governance to ensure transparency, accountability. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2015

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“If amendment bill to the Whistleblowers Act, 2011 tabled in the Parliament is passed, there may be no one left to protect.” Critically evaluate.

2015

Though Citizen’s charters have been formulated by many public service delivery organizations, there is no corresponding improvement in the level of citizens’ satisfaction and quality of services being provided. Analyze.

2013

‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss.

2013

GROUPS: CIVIL SERVICES, NGO, SHG, PRESSURE GROUPS GS2 Syllabus Topic: 1. Development Processes & Development industry (role of NGOs, SHGs, groups & associations, donors, charities, institutional and other stakeholders) 2. Pressure Groups & Formal, Informal associations (and their role in the polity) 3. Role of Civil Services in a democracy. Civil Services

Initially Civil Services in India were designed to achieve the

2017

goals of neutrality and effectiveness, which seems to be lacking in the present context. Do you agree with the view that drastic reforms are required in Civil Services. Comment NGO-SHG

‘The emergence of Self Help Groups(SHGs) in contemporary

2017

times points to the slow but steady withdrawal of the state from developmental activities’. Examine the role of the SHGs in developmental activities and the measures taken by the Government of India to promote the SHGs. Pressure Group

How do pressure groups influence Indian political process?

2017

Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? NGO-SHG

Examine critically the recent changes in the rules governing

2015

foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976. NGO-SHG

The Self-Help Group (SHG) Bank Linkage Programme (SBLP), which is India’s own innovation, has proved to be one of the most effective poverty alleviation and women empowerment programmes. Elucidate.

NGO-SHG

2015

How can the role of NGOs be strengthened in India for development works relating to protection of the environment? Discuss throwing light on the major constraints.

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2015

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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NGO-SHG

The penetration of Self Help Groups (SHGs) in rural areas in promoting participation in development programmes is facing socio-cultural hurdles. Examine.

NGO-SHG

2014

The legitimacy and accountability of Self Help Groups (SHGs) and their patrons, the micro-finance outfits, need systematic assessment and scrutiny for the sustained success of the concept. Discuss.

Pressure Group

2013

Pressure group politics is sometimes seen as the informal face of politics. With regards to the above, assess the structure and functioning of pressure groups in India.

Pressure group

“In the Indian governance system, the role of non-state actors has been only marginal.” Critically examine this statement.

Civil Services

2016

Has the Cadre based Civil Services Organisation been the cause of slow change in India? Critically examine.

Civil Services

2013

2014

“Traditional bureaucratic structure and culture have hampered the process of socio-economic development in India.” Comment. 2016

[BLOCK-4] IR DIPLOMACY IR/DIPLOMACY: NEIGHBOURS GS2 Syllabus Topic: Effect of Policies & Politics of Developed and Developing countries on India (India’s interests, diaspora) ‘China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbour.

2017

The question of India’s Energy Security constitutes the most important part of India’s economic progress. Analyze India’s energy policy cooperation with West Asian Countries.

2017

Indian Diaspora has an important role to play in South-East Asian countries’ economy and society. Appraise the role of Indian Diaspora in South- East Asia in this context

2017

“Increasing cross-border terrorist attacks in India and growing interference in the internal affairs of several member-states by Pakistan are not conducive for the future of SAARC (South Asian Association for Regional Cooperation).” Explain with suitable examples. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2016

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Project ‘Mausam’ is considered a unique foreign policy initiative of the Indian Government to improve relationship with its neighbors. Does the project have a strategic dimension? Discuss.

2015

Terrorist activities and mutual distrust have clouded India-Pakistan relations. To what extent the use of soft power like sports and cultural exchanges could help generate goodwill between the two countries? Discuss with suitable examples.

2015

With respect to the South China sea, maritime territorial disputes and rising tension affirm the need for safeguarding maritime security to ensure freedom of navigation and over flight throughout the region. In this context, discuss the bilateral issues between India and China.

2014

The proposed withdrawal of International Security Assistance Force (ISAF) from Afghanistan in 2014 is fraught with major security implications for the countries of the region. Examine in light of the fact that India is faced with a plethora of challenges and needs to safeguard its own strategic interests.

2013

What do you understand by ‘The String of Pearls’? How does it impact India? Briefly outline the steps taken by India to counter this.

2013

The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India?

2013

Discuss the political developments in Maldives in the last two years. Should they be of any cause of concern to India?

2013

In respect of India — Sri Lanka relations, discuss how domestic factors influence foreign policy.

2013

What is meant by Gujral doctrine? Does it have any relevance today? Discuss.

2013

IR/DIPLOMACY: NOT-NEIGHBORS BUT AFFECTING INTERESTS GS2 Syllabus Topic: India and its Neighbourhood (relations) Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario.

2016

Increasing interest of India in Africa has its pros and cons. Critically examine.

2015

Economic ties between India and Japan while growing in the recent years are still far below their potential. Elucidate the policy constraints which are inhibiting this growth.

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2013 UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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IR/DIPLOMACY: INSTITUTIONS, GROUPINGS, AGREEMENTS GS2 Syllabus Topic: Important International institutions, agencies, for a (structure, mandate); Bilateral, Regional, Global groupings & Agreements (involving and/or affecting India) What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it.

2017

“The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seem doomed due to differences between the developed and the developing countries.” Discuss in the Indian perspective.

2016

What are the aims and objectives of the McBride Commission of the UNESCO? What is India’s position on these?

2016

Discuss the impediments India is facing in its pursuit of a permanent seat in UN Security Council.

2015

The aim of Information Technology Agreements (ITAs) is to lower all taxes and tariffs on information technology products by signatories to zero. What impact should such agreements have on India’s interests?

2014

Some of the International funding agencies have special terms for economic participation stipulating a substantial component of the aid to be used for sourcing equipment from the leading countries. Discuss on merits of such terms and if, there exists a strong case not to accept such conditions in the Indian context.

2014

India has recently signed to become founding a New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB) .How will the role of the two Banks be different? Discuss the significance of these two Banks for India.

2014

WTO is an important international institution where decisions taken affect countries in profound manner. What is the mandate of WTO and how binding are their decisions? Critically analyse India’s stand on the latest round of talks on Food security.

2014

The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the world’s economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandate are distinctly different. Elucidate.

UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

2013

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INDIAN CONSTITUTION AND POLITY l

Indian Constitution

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Federal Structure

l

Federalism and issues

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Local Governance.

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5th and 6th Schedule

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Executive, Legislature, Judiciary and Separation of Powers

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Judiciary, Ministries and Departments And Dispute Resolution Mechanisms

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Elections, RPA

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Constitutional, Statutory, Quasi-Judicial and Regulatory Bodies

HISTORICAL UNDERPINNINGS, EVOLUTION, FEATURES, AMENDMENTS, SIGNIFICANT PROVISIONS, BASIC STRUCTURE India Secularism 1. Indian Constitution allows the state to play a legitimate role in the affairs of the religion. Likewise, it permits religious considerations to sometimes enter governance. 2. Unlike the ideology of American wall of separation, in India legitimate principled intervention of the state in religion and vice versa is constitutional. The two are distanced but not completely separated. 3. Granting rights to religious minorities (Article 25 and 26) is a form of state intervention. Religious minorities can setup educational institutions. And can also avail govt subsidies to run them. 4. Similarly the Indian state decides which special days associated with religion are to be declared national holidays. All such decisions are based on religious considerations and are integral to governance. 5. Indian secularism is hostile not to religion but to caste- and religion-based communalism.

FEDERAL STRUCTURE Differentiate between cooperative and competitive federalism? Are they complementary? Should both be encouraged? If yes, discuss what steps need to be taken Cooperative federalism 1. is a term which has essence of cooperation amongst centre and federal units and even local bodies which act collectively to achieve a common goal. Policy framework by centre and implementation left to states. Vertical component. 2. Examples : GST, NAM, reduction in number of CSS, 73/74 CAA.

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UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Competitive federalism 1. is a kind of federalism in which states compete with each other at various social and development indicators in a healthy manner. Horizontal aspect. 2. Bottom Up Approach - The policy of “one-size fits all” is diluted to let states develop as per their priorities. 3. Examples : Investors Summit, “Vibrant Gujarat”, “Happening Haryana”, “Resurgent Rajasthan” 4. 14th FC - 42% devolution to states - states opportunity to use it per their needs. (However in context with shared national objectives) 5. Labour reforms/Land Reforms by govt of Gujarat and Rajasthan to attract investments. 6. Ease of doing business rankings b/w states : to showcase as ideal investment destinations Way fwd: 1. Moreover, both cooperative and competitive federalism are complementary to each other. Many states would still need help of Centre and require extra funding before they can have a healthy competition. 2. To uphold both the concepts it is required to take holistic step like: 3. Inter-State council must be reactivated under Art 263, so that cohesive policy structure could be developed and implemented accordingly by the states; enforcing competitive federalism. 4. State must be given greater autonomy with regards to Concurrent List particularly issues like health, education, land, labour, natural resources etc. 5. Assisting states/UTs through help of expert panels to make competitive and robust policies which are more acceptable and transparent. 6. Recent step to replace Planning Commission with NITI Aayog is a step in right direction. making centre as a ‘facilitator’. This approach prudently deleted “one-size-fits-all” approach. 7. Vertical devolution is cooperative while horizontal is competitive as based on forests, population, income distance, etc. 4. National develop council is cooperative but NITI aayog will be more towards competitive. 5. Various states organise summits for attracting investors is an example of competitive federalism. Like Vibrant Gujarat, etc. Cooperative Federalism : 42% devolution, Centre-State Investment Agreement (CSIA) for BIT.

FEDERALISM AND ISSUES Politicization of Governors - Appointment and Removal 1. Art 155 - Governor is to be appointed by the President of India on the advice of council of ministers. 2. There is no procedure for impeachment of Governor, he shall hold office as per the pleasure of the President. But he can be removed by the President on the grounds of grave delinquency like bribery etc. 3. The Union Government’s stand however is that if a party came to power with a social and economic agenda and if it was found that the Governor was not in sync with it but would rather be antithetical to its policies, then the Governor could be removed. This is the basis of the ‘pleasure doctrine’.

Recent issues: 1. In our country, it has become a tradition that whenever there is change of guard at the centre, State governors are removed or appointed as per the convenience of the center. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Also the appointment of Ex-CJI P Sathasivam as Kerala Governor brings controversy (he was on the Supreme Court bench which scrapped a second FIR against Amit Shah in a Sohrabuddin Sheikh fake encounter case). 3. With regime change in 2014, the central govt sought resignations of Governors of 5 states appointed by earlier UPA govt. However the law on appointment of Governors has changed as SC in B.P Singhal vs UoI (2010) held, that the Gov of state could only be removed for reasons which included physical, mental, disability, corruption and not at pleasure of central govt. But court has taken no action on that. 4. Similarly, Mr. Rajkhowas’s appointment as Arunanchal Pradesh Governor, primarily to satify partisan interests. He decided to advance session of LA against advice of CoM. Article 174 of constitution provides that the Gov may summon House of Legislature , But this power is to be exercised on advice of CoM, unless it is first time after elections.

Reco: 1. The Sarkaria Commission 1983 recommended that a person to be appointed as a Governor should satisfy the following criteria as also mentioned by J.L Nehru:1. He should be eminent in some walk of life. 2. He should be a person from outside the State. 3. He should be a person who has not taken too great a part in politics generally and particularly in the recent past 2. The words and phrases like “eminent”, “detached figure”, “not taken active part in politics” are susceptible to varying interpretations and parties in power at the Centre seem to have given scant attention to such criteria. 3. Puncchi Commission also emphasised for including specific procedure for appointment/removal of governor in the constitution itself.

Should Governor be Impeached like Judges? 1. No. Because the Governor’s role has a heavy political content and discretion and it is not possible to lay down a set of concrete standards and norms with reference to which a specific charge against a Governor may be examined. 2. Governors should be given a fixed tenure of 5 years and their removal should not be at the sweet will of the centre. 3. In case of such termination or resignation, the Government should lay before Parliament a statement explaining the circumstances leading to the removal.

Equal Representation of States in the Rajya Sabha 1. Yes 1. Since the Lok Sabha is directly linked to the population, delinking the relation between population and number of seats in the Rajya Sabha would only create a horizontal balance of power between states. 2. A Resolution under Article 249 can be passed even if bottom 14 states having least representation oppose it.

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3. Due to coalition politics interest of parties take precedence over interest of states. 4. It encourages the states to increase population to get more seats and have larger say. 5. States like UP has 31 seats and Tripura, Goa has just 1. Many UTs dont even qualify to get 1 seat and this makes them unequal in RS and there interests are not protected. 6. Big states having larger seats can bargain with the government to get hefty packages inturn of the passage of certain bills in upper house. 7. 9 states have just 1 member each results in inability to make their voice felt. Where as just 10 big states occupy nearly 70% seats. 2. No 1. The Sarkaria Commission was not in favour as: 1. The Rajya Sabha doesn’t exclusively represent the federal principle except when exercising the special powers under Articles 249 and 312. 2. The purpose of having nominated members also made it clear that the Rajya Sabha was not envisaged to function like a federal chamber only. 3. It also has legislative function to prevent hasty legislation. 4. It also has the function to bring elders who would not be interested in active politics. The object of RS as envisaged was to hold dignified debates and to share the experience of seasoned persons. 2. The greatest opponents of such a change would be those states that enjoy larger number of representatives in the Rajya Sabha. This would defeat the amendment bill. 3. States of the Indian Union were not independent entities having pre-existing rights or powers anterior to or apart from the Constitution like in US. 4. The 2/3rd majority argument seems weak in practice because members in RS vote along party lines. Second Chambers are increasingly becoming ‘national’ institutions rather than representing states. However, this is weakened by the growing regional parties and coalition politics. 5. Equal representation may create a sense of disaffection in people of larger states towards democracy as their issues will get lesser weightage. 3. Way fwd : Indian federalism has matured since independence and a balance of power b/w states is needed by equal representation. Punchhi Commission also recommended for equality of votes.

Inter-State Water Conflicts Constitutional and Legal Framework 1. 7th Schedule, state list has water in it. But the Union List has regulation and development of interstate rivers valleys in it. But this has to be regulated by a law made by the parliament. 2. The Constitution contains a specific Article - Article 262 – which deals with adjudication of disputes relating to inter-state river valleys. It reads: 1. Article 262(1): Parliament may make a law to provide for the adjudication on any dispute regarding any inter-state river valley. 2. Art 262(2): Parliament in its law may provide that no court, including the SC, will have jurisdiction in respect of any such dispute.

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3. The River Boards Act, 1956: It was enacted under the entry 56 of Union list with the objective of enabling the Union Government to create, in consultation with the State Governments, boards to advise on the integrated development of inter-State basins. These Boards were supposed to prevent conflicts by preparing developmental schemes in consultation with states. 1. No water board, however, has so far been notified under the Act. 4. The Inter-State Water Disputes Act, 1956: under the Art 262 and provides for an aggrieved State to ask the Union Government to refer a dispute to a tribunal. A water disputes tribunal is appointed by the Chief Justice of India and consists of a sitting judge of the Supreme Court and two other judges chosen from the Supreme Court or High Courts. The tribunal, so appointed, can choose assessors and experts to advise it and the Award is beyond the jurisdiction of courts. Sarkaria Commission Observations and Recommendations 1. Constituting the tribunals 1. It should be mandatory on the Union Government to constitute a tribunal within a period of 1 year. 2. Centre should also be empowered to appoint a tribunal, suo-moto, if necessary. 2. Support to the tribunals 1. There should be a database and an information system at the national level. 2. States should be bound by law to share all the data as needed by the tribunals. 3. Adequate staff and machinery should be given to the tribunals. 3. Inordinate delays in working of the tribunals 1. The tribunal must pronounce its award within 5 years from the date of constitution of the Tribunal. 4. Binding nature of the award 1. A tribunal’s award should have the same force and sanction behind it as an order or decree of the Supreme Court. Inter-State Water Disputes (Amendment) Act, 2002 1. Accepting Sarkaria commission’s recommendation, the centre would establish a Tribunal within one year on a request by a State Government. 2. The Tribunal would investigate the matters and give its report within 3 years (GOI may extend the period by another 2 years). 3. The decision of the Tribunal, after notification by the centre, shall have the same force as an order or decree of the SC. Satluj Yamuna Link - Haryana Punjab dispute 1. Recently the Punjab assembly passed the Punjab Sutlej Yamuna Link Canal (Rehabilitation and Re-vesting of proprietary Rights) Bill, 2016 to de-notify the land acquired to build the canal in Punjab. 2. Upset with this, Haryana sought early hearing in the SC on the Presidential reference that has been pending for around 12 years now. 3. Centre, in 1976, issued a notification allocating to Haryana 3.5 million acre feet (MAF) out of undivided Punjab’s 7.2 MAF.

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4. To enable Haryana to use its share of the waters of the Sutlej and its tributary Beas, a canal linking the Sutlej with the Yamuna, was planned. In April, 1982, PM Indira Gandhi inaugurated the foundation of SYL. 5. However, following the protests in Punjab, the Punjab Assembly passed The Punjab Termination of Agreements Act, 2004, terminating its water-sharing agreements, and thus jeopardising the construction of SYL in Punjab. Ravi Beas Case 1. Referred to Tribunal in 1986. A report was given in January 1987. Political differences led to further references being made to the Tribunal and the matter is still before it. 2. Meanwhile Punjab has through legislative enactment terminated all agreements. The legality of this action is the subject matter of a Presidential reference to the Supreme Court in 2005 under article 143. The matter is still awaiting the Court’s opinion. Cauvery Dispute 1. In 1970 TN applied to the Central Government for constituting a Tribunal. Centre set up a Tribunal in June 1990. 2. Disputes were raised on whether the Tribunal was endowed with powers to give interim awards. 3. Orders of the Tribunal were nullified by Ordinances promulgated by Karnataka. Advisory opinion was sought by the Centre on the legality of the Karnataka Ordinance. 4. Riots broke out on the publication of the interim award and PILs on compensation issues were filed in the Supreme Court. 5. The final order of the Tribunal was given in 2007 but these have been referred back to the Tribunal through clarificatory petitions and challenged in the Supreme Court through Special Leave Petitions under Article 136. Lessons from Tribunal Experience and Suggestions 1. Enforcement issues 1. State’s resistant in complying to tribunals award. States have passed laws in their legislatures canceling water sharing agreements or nullifying tribunal orders. 2. Lack of political will at Centre which causes delays in notification. 2. Challenge in SC 1. Special leave petitions under Art 136 are filed by the parties before the court. 2. Activists have raised the issues of environmental damage, rehabilitation and alternate livelihood in front of the court. 3. Weaknesses in law/ Institution 1. There is no time limit for the centre to notify the tribunal’s award. 2. River boards should be setup. 4. Weaknesses in procedure (should go for mediation) 1. More participatory and conciliatory approach should be followed. eg Indus water treaty (mediation by World Bank). Inter State Water Disputes (Amendment) Bill, 2011 1. A National Water Tribunal to be setup merging all individual tribunals. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Each case to be decided by a bench of 2 judges. 3. Each dispute to be decided in maximum of 2 years extendable maximum for 1 year under extreme circumstances. 4. Its orders to have same force as SC orders. Should Water be Shifted Under Concurrent List or Inter-State Rivers be Nationalised? 1. No need, since constitutional provisions already don’t preclude central management. 2. Doing so will lead to similar demands in other subjects like say land. Social Effect of River water disputes: 1. Insecurities and impacts people’s livelihood 2. Impact over state-state relations with greater implications to federal integrity. Ex Cauvery dispute led to civic strife, ethnic clashes and violence between TN and KA. 3. Telangana separatist movement: regional imbalances in sharing of water resources was one of the core issues

Need of Rajya Sabha Concerns: 1. Parliamentary logjams due to woefully shortage of majority of the ruling BJP govt in RS. 2. Voices questioning the power of the Upper House to stall legislation passed by the Lok Sabha have been frequently heard under the present regime Constitutional View / Need of RS: 1. Federal chamber: It is a mechanism devised to give the constituent States of the Union a say in running the country’s affairs. 2. Revising chamber: to secure a second sober thought to check passing of any hasty legislation. Some of the bills revised: IT Bill 1961, National Honour bill 1971, Dowry Prohibition bill which led to Joint sitting and one of the amendments was adopted. Recently POTA 2002, RPA 2003, FRBM 2002. 3. Representative chamber: Give representation to all sections of society, different geographical regions. 4. Continuity chamber: Permanent house to transact any urgent business when LS is not in session. 5. Deliberative chamber: to have quality debates. Also 12 Nominated members from SALS (Science, Art, Literature, Social Service) 6. Option of Joint sitting available for passing ordinary bills (not available for CA or Money bills). 7. Since MP in LS are chosen by FPTP and they not necessarily represent the majority of electorate (as against Prop Representation), so it so needed to have an active and vibrant RS. Criticism: 1. Supposed to be a good debating platform of retired politicians with mature opinions and other eminent citizens but in India politicians never retire and eminent citizens avoid politics. 2. It has become refuge of unelected politicians. 3. Has also become a lobbying ground for moneybags and generating funds. (RS member Birendra Singh asserted that he had to dish out 80 crores to get his seat in Haryana)

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4. Corrupt and criminal politicians rejected by voters find their way through money power. 5. Allotment of RS seats to states on basis of their population. (Control of big states to scuttle the voice of smaller states). This was also recommended by Punchhi Commission. International Comparison: 1. Italy : is bracing up to curtail powers of its upper house in order to have stable govts and check horse trading. Similarly in Indian scenario, it is holding up crucial reforms/ bills from getting passed due to party politics. Suggestions: 1. Such attempt to bring changes in existing RS setup would dilute the country’s federal character and weaken the ties between the Centre and the States. 2. Pragmatic concessions: Governments must make place for oppositions viewpoints in an attempt to pass key legislations. The inability to build consensus by a ruling party cannot be disguised as opposition obstruction and elicit calls for reducing the powers of the Rajya Sabha 3. Multi-partisan cooperation: is needed as per the philosophy of the Constitution which requires 2/3 majority in Parliament for an CA. 4. Practising Cooperative federalism: Opposition should help pass far-reaching economic and social legislation by overcoming any partisan interests or obstructionist tendencies. 5. Confrontation to Cooperation: What ought to change is not the system but the confrontationist politics that makes inefficient and partisan use of it.

Article 370 1. of the Indian Constitution is the basis of the constitutional relationship between Jammu and Kashmir and the rest of India. It is titled as ‘Temporary Provision’ and included in Para XXI. Provisions: 1. It grants special autonomous status to Jammu & Kashmir wherein except for defense, foreign affairs, finance, and communications, Parliament needs the state government’s concurrence for applying all other laws. 2. Thus the state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. 3.

A Constitution amendment becomes applicable to J&K only after the President issues an order.

Judicial pronouncements: 1. The J&K High Court, in a recent judgment in case of reservation in promotions among government employees in J&K, observed that notwithstanding its title “temporary provision”, Article 370 is a permanent provision of the Constitution. It cannot be abrogated, repealed or even amended as the mechanism provided under Clause (3) of Article 370 is no more available. The reasoning given by the court seems to be based on the historical context surrounding the Instrument of Accession as well as J&K Constituent Assembly of 1957. Noting that Article 35A protected the existing laws of the state, the High Court said that Jammu and Kashmir had retained limited sovereignty while acceding to the Dominion of India, and did not merge with the Dominion of India like the other princely states that signed the Instrument of Accession. It maintained that the Constituent Assembly of 1957 was empowered to recommend to the President that Article 370 be UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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declared to cease to be operative or operate only with the exceptions and modifications, but it did not make such a recommendation before its dissolution. The abrogation of article 370 may weaken the legal basis for J&K to be part of India as the accession was linked to its getting special status. Also, it may require the formation of another Constituent Assembly. 2. However, the Supreme Court observed, over a PIL filed after the J&K HC decision, that only Parliament can take a call on scrapping Article 370. This underscores the fact that the Parliament’s amending power under Article 368 remains available for such a measure. 3. In light of various judicial pronouncements, it can be said that though there is a scope of abrogation of the article constitutionally, it would be very difficult to achieve in practice. Besides, even if the state legislative assembly is treated as a constituent assembly, the amendment will require desired majority in the Parliament as well as the State Assembly of a party committed to scrapping of Art 370, which is very unlikely. Also, it would be better for the government to wait for a resolution of the dispute with Pakistan over the entirety of Kashmir’s territory before revisiting the State’s constitutional status.

Special Category Status (SCS) 1. Recent protests for demand by Andhra Pradesh. Demand is based on AP Reorg act. While Centre agreed for monetary support equivalent to SCS but refused granting status on basis of 14th FC recommendation. 2. Bihar, Jharkhand, Chattisgarh, Orissa, Rajasthan have been demanding status for quite some time now. Background 1. Concept was introduced in 1969 by 5th Planning Comm based on Gadgil Formula. Present 11 states (initial 3 states Assam, Nagaland, J&K) 2. Rationale : certain states because of inherent features, have low resource base for development. Decision was earlier with NDC (now scrapped) has moved to Niti Aayog. Provision for identification: 1. hilly and difficult terrain; 2. low population density or sizeable share of tribal population; 3. strategic location along borders with neighbouring countries; 4. economic and infrastructural backwardness; 5. non-viable nature of state finances. Status after 14th FC recommendations 1. Central Plan Assistance to SCS has been subsumed in increased devolution of 42% 2. FC also recommended variable like “forest cover” with weight 7.% which covers NE states. Benefits of SCS: 1. A major portion of Normal Central Assistance/NCA (>50%) is distributed to 11 SCS and remaining (10 lakh), which will integrate plans from local bodies. But most states have failed to include these provisions in their legislations. 3. Public participation is restricted to public comments only after the plan is prepared. And planning continues to be a top-down bureaucratic exercise. 4. Outdated mode of static land-based master plans : Planning legislations don’t require master plans to design transport, water and energy networks. Even when these sectors are considered while planning, these are difficult to implement as these functions typically fall under jurisdictions of different parastatal agencies. 5. Lack of periodic review of plans on scientific and rationalistic criteria. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5TH AND 6TH SCHEDULE 6th schedule and 5th schedule Moving governance of tribal areas in central India from the 5th to the 6th Schedule will help address the demand for autonomy Bastar district in Chhattisgarh is governed by the 5th Schedule, but it wants to move into the 6th Schedule. The Fifth Schedule on the other hand fails because it has never been applied. PESA was considered the most logical step in the 5th Schedule areas to ensure tribal welfare and accountability. But, alas, it has not been properly implemented. Tribal communities have progressively been denied self-government and rights to their communities’ natural resources that should have been provided under the legislation. In its 1997 Samatha decision, Supreme Court ruled that 5th Schedule enjoined Governors to bar purchase of tribal land for mining activity by any entity that was not state-owned. However due to govt response, the Governors were then given unfettered authority in the transfer of Scheduled Tribe land to the government and allotment to non-tribals, altering the balance of power and undermining the stated goal of tribal autonomy.

Autonomous District Councils (ADCs) under 6th schedule 1. are provided role and powers of mini state Functions: 1. Representation : ADC have not more than 30 members, elected by adult suffrage and not more than 4 members by nominated by Governor. 2. Legislative powers : to make laws on land, forest use, water bodies etc 3. Judicial powers : trial cases acc to customs of tribes 4. Other roles : construct schools, dispensaries, cattle ponds, water/road transport, markets, fisheries with prior approval of Governor. Planning Commission reco 1. Many funds go underutilized; generating revenue losses. 2. Funds allocated through MPLADS are successfully executed through councils. 3. Decentralization has led to empowerment.

EXECUTIVE, LEGISLATURE, PARLIAMENT AND SEPARATION OF POWERS Power of Lieutenant Governors in UT 1. Part 8 of constitution (Art 239-242) provides for adm and distribution of powers. 2. General Adm : of LG in Delhi is wider than Puducherry as it extends to Public order, Police and Land under article 239AA, but no such provision in Puducherry. 3. Delhi is administered under NCT of Delhi Act 1991 while Puducherry under UT Act 1963. 4. LG has higher control on Delhi govt employees (under Delhi Rules 1993). 5. Art 239A provides for Legislative Assembly but LG can act in his discretion in matter of lawmaking, even though COM advises him. 6. Prior sanction of LG is required for certain legislative proposals.

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Way fwd: 1. More devolution of powers to UTs on lines of states. Ordinances have turned what were supposed to be exceptional powers into a procedural device to outmanoeuvre the Parliament. Discuss. 1. Article 123 says that an ordinance may be promulgated if President is “satisfied that circumstances exist that render it necessary to take immediate action” 2. Ordinances have “the same force and standing” as the Acts of Parliament. 3. SC in recent Krishna Kumar Case vs state of Bihar in 2017 held that, ordinances should be issued only to meet certain exigencies and under compelling circumstances. The judgement widens the scope of judicial review of ordinances as intially held in DC Wadhwa case, it concludes that failure to place an ordinance before legislature constitutes abuse of power and a fraud on the Constitution. The court can go into whether the President or Governor had any material to arrive at the satisfaction that an ordinance was necessary. i.e Ordinances are not immune from judicial challenge.

Misuse of Ordinance making powers (Art 123 and Art 213): 1. Several cases over years when amendments were effected in the well-established laws just for political expediency. Till now more than 600 ordinances have been promulgated since 1952. 2. Promulgating ordinances, when either there is no urgent need is the greatest disservice to Constitution. For example, ordinance to amend TRAI Act to appoint former TRAI Chairman as Principal Secretary to PM. Recent example is Land Acquisition, Coal Mines auction bill, FDI in Insurance bill. 3. Apprehensions that government may bring ordinary bills with financial provisions appearing as money bills in order to circumvent low majority situation in Rajya Sabha. However constitution makes it clear that money bills should contain only the matters contained in Article 110 and nothing else (ex Aadhar money bill issue). But still there is a scope of wrong decision as speaker has absolute decision to decide if a bill is money bill or not. (ex: Financial Bill 2015 also contained a chapter amending Money Laundering Act (FMLA) and it was certified as a money bill) Negatives of Ordinance Raj/Route: 1. Obstructs Parl negotiations/debates; not representative; bypassing legislature. Comparison with US and UK: 1. They don’t have any ordinance powers to executive. Existing safeguards: 1. 6 months timeframe; President’s decision justiciable; restraining repromulagtion (D.C.Wadhwa Case vs state of Bihar 1986) Possible safeguards: 1. Good will of executive 2. Cooperation between ruling and opposition on important matters to avoid ordinance route. 3. Awakened public opinion, media, active judiciary. 4. Article 122 provides immunity against challenges to proceedings only on grounds of procedural irregularities. A wrong decision taken under Article 110(3) is not a procedural irregularity and hence does not grant any immunity to the Speaker’s decision. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Legislative Councils 1. provided by constitution under article 169 can be created or abolished by Parliament on request of concerned state. 2. Like RS but much less power. 7 states have LC. Arguments in favour: 1. Deliberative Chamber : Brings more representation from diverse fields (talented); can have wider debate on public issues. 2. Revising Chamber : Checks undue haste by Lower House in making law. 3. Holds executive responsible for their excesses. Arguments against: 1. Constitution Assembly itself felt this body would delay legislative process, not a representative of people directly, and an expensive institution. 2. Not an effective check - can max delay for 4 months. 3. The scenarios of creation and abolition of Councils at the whims and fancies of parties in power especially in TN shows the lack of wider consultations and making mockery of a constitutional body. 4. Back-door entry : These bodies being used as safe homes/parking lot for defeated candidates. 5. Heterogeneous representation : directly/indirect/nominated Way forward: 1. In above context a National Policy on Upper House is a must. 2. But still creation and abolition must be left to states with caveats like certain compulsory time period before next creation/abolition. The electoral college of Council if needed has to be revised. 3. As per 2nd ARC - in election of members of LC, role of teachers/ graduates should be done away with. More representation be given to local bodies. Just like states in RS, local bodies in LC can strengthen root level democracy. 4. SLC should be strengthened as a Second chamber rather than a secondary chamber. It should act as a council of local bodies analogous to council of states. 5. LC cannot be compared to RS as RS has special powers and also equivalent powers with respect to ordinary and CA bills. However any decision by LC can be easily overridden by LA. Constitutional changes should be brought in to make LC functional and effective.

Death Penalty: l

indeed cruel, inhuman and degrading

l

Convicts remain imprisoned for years on death row violates basic human right to life with dignity.

l

Always risk of executing an innocent person as the justice system is susceptible to human error.

l

Needs to focus on justice to victims as well as offenders.

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UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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JUDICIARY, MINISTRIES AND DEPARTMENTS AND DISPUTE RESOLUTION MECHANISMS Court

Cases Pending

Vacancies

Supreme Court

60,000

6

High Court

38 lakh

434 (169 files for appt to HC pending with central govt. for approval) of total 1091 posts

District Court

3 crore

~ 5000 vacancies

In last 2 years: 1. # of pending cases - 92.5 lakh (42% of total pending cases) 2. Vacancies increased to : 44% in last 2 years. “State of Indian Judiciary” report by a research org DAKSH, highlighted, 1. avg hearing time for listed cases by an HC is 2 min. 2. Less than 3% of litigants make use of legal aid, despite being eligible to take benefit of govt appointed lawyers. 3. 80% of cases pending in HC for last 10-15 yrs. Way fwd: 1. putting # of hearings cap/case to reduce workload. Article 50 of DPSP gives the State responsibility to Separate the Judiciary from the Executive. Justice Karnan - suo moto contempt action by SC 7-member bench for imputing casteist motives on his fellow judges. He also upset judicial hierarchy by suo motu staying a SC Collegium reco (under Article 222(1) to transfer him from Madras to Kolkata HC. 1. SC is empowered under Article 129, along with Article 142(2), to punish anyone for contempt, even a HC judge, who has passed damaging remarks about his superiors and colleagues

Jayalalitha and her aide Sasikala Disproportionate Assets case: 1. Banned from contesting elections for 10 years [Lily Thomas case 2013] 2. Lily Thomas case, SC ruled that, any MP/MLA convicted for more than 2 yrs, loses membership of house with immediate effect.

Judicial Activism and PIL - Public Interest Litigation (or Social Action Litigation) Background: 1. PIL has become most important vehicle of judicial activism. 2. It acts as a powerful tool for protection of FR of poor and needy (prisoners, child, bonded labourers, women) who otherwise could not accord the costly judicial system. 3. Under article 32/226, a PIL maybe introduced in court of Law, suo motu on basis of newspaper reports, or by the aggrieved, or any 3rd party for a social cause or public good. (locus standi is relaxed in PIL) 4. The first PIL, Hussainara Khatoon vs State of Bihar, was filed in 1979 on the basis of reports highlighting the pitiable conditions of prisoners awaiting trial for long periods. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. This idea of PIL was accepted in practice by Justice P.N Bhagwati in 1986. 6. The concept of PIL is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. 7. Other instances of judicial activism: 1973 Kesvananda bharti case, 1975 judgement against Indira Gandhi’s candidature Examples leading to Excess PIL or Judicial Activism: 1. To fill legislative gaps, Judiciary’s incursion into Legislative and Executive domain e.g. guidelines for addressing Sexual Harassment of women in Vishaka Case. Indira Sawhney case (50% reservation cap) 2. 2G spectrum case, Coal scam. PIL against damage caused by Mathura refinery. 3. Questioning of government policy - PIL against disinvestment of BALCO. Pros : 1. Democratised the judicial system by giving individual/group access. 2. Promotes social awareness and responsibility by becoming a vehicle of bringing social revolution. 3. Forced executive accountability. 4. Attempt to make electoral system much more free and fair (PILs enforcing candidates to put their incomes, educational, criminal record in public at the time of filing nominations. 5. helped in expanding the jurisprudence of fundamental and human rights in India especially for disadvantaged section (prisoners, destitutes, child/bonded labourer Cons : 1. Rise in number of frivolous PILS under the mask of social activism for personal benefits. 2. NGO becoming a “proxy litigant” for settling corporate rivalry or personal vendetta. (PIL on 4G spectrum allocation to Reliance Jio) 3. Overburdening the already burdened courts. 4. Used as PIL as Political Interest Litigation. 5. blurred the lines of distinction between executive and judiciary (ex: reducing air/sound pollution, investigating corruption cases is not exactly duty of judiciary) 6. Judicial activism creates strains in relations. 7. Executive inaction and poor implementation of laws shows the reason behind. Way Forward: 1. To check the abuse of public interest litigation, Supreme Court came up with Central Empowered Committee (CEC) to assist the Court in dealing with the public interest litigation. 2. SC compiled ‘set of guidelines’ for accepting PILs 3. Courts to verify the credentials of the petitioner before entertaining a PIL. 4. The exemplary damages should be awarded high in case of frivolous petitions which are in nature of publicity or private interest.

Judicial Activism: 1. Judicial activism is an approach to the exercise of judicial review, or a description of a particular

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judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. 2. Few experts claim that “The judiciary has appropriated for itself a role far beyond its primary duties of dispensing justice and interpreting laws and step by step, brick by brick, the edifice of India’s legislature is being destroyed” by the judiciary. 3. Of late, the Court has begun to redefine its own role under the Constitution, transforming itself from the guardian of civil rights to a great, overarching moral and political censor. Recent instances:1. Court ordering cuts in Jolly LLB 2, setting up a parallel censoring mechanism to Censor Board. 2. Compelling all Cinema halls to play National Anthem. It maybe good but has no legal/ constitutional foot to stand. 3. Ordering search engines like Google to block access to websites and search keywords related to pre-natal sex determination ads. It may also lead to no access for research, investigation or simple curiosity. Why judicial activism is good? 1. It allows judge to use his personal judgement on many sensitive issues where the law fails. 2. It provides a system of checks and balances to other govt branches. Why it is bad? 1. While delivering a judgement in such matters courts are often ill-equipped with economic, environ, political costs involved. Issue of Judicial Overreach 1. When Parliament passes a law, somebody may approach a court and then the court has to see if the law is constitutional. 2. If there is no legislation on a particular subject, the court can suggest certain guidelines (for example, Vishakha guidelines). 3. This perception is growing because of the cases of alleged scams that are coming before the courts. Way ahead 1. In an ideal world, the judiciary would stick to interpreting the law and refrain from treading on the domain of the legislature or the executive. But in an environment where justice is constantly being subverted, it is arguable that the courts are left with no choice but to step beyond their traditional domain and prod the executive into discharging its constitutional responsibilities. 2. However, this encroachment is clearly a matter of huge concern. Also, camouflaged phrases like “judicial overreach”, used often, have been incapable of instigating any self-correction by the honourable judges. Hence, it’s time for the courts to proceed ahead cautiously in this regard.

Judges Appointment Constitutional Provisions: 1. Article 124 - President to appoint SC judges after consultation with judges of SC/HC and the CJI. 2. Article 217 - President to appoint HC judges after consultation with CJI, Governor and CJ-HC. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Evolution of Collegium: Current Collegium system - Indian Innovation in name of judicial independence but very opaque. 1. 1st Judges Case 1981 : 7 judges bench ruled that consultation didn’t mean concurrence and constitution didn’t provide for CJI’s primacy. Provided greater say to executive, as they can reject CJI reco. 2. 2nd Judges Case 1993 : 9 judges bench ruled that CJI be given primacy in appts and names to be recommended with consultation of 2 senior-most SC judges. It led to creation of Collegium. 3. 3rd Judges Case 1998 : On Presi-reference regarding consultation, 9 judges bench reaffirmed 1993 judgement and consultation meant concurrence, the number of judges also increased from 2 to 4. Arguments against Collegium: 1. Charges of nepotism/ favouritism; opaque (closed door) process. Some best legal minds are left out in process. 2. Names of kith and kin of sitting and retired judges are routinely recommended. 3. Extraneous considerations such as caste, religion, political considerations, personal quid pro quo have crept into the system. 4. The system is opaque, no one outside knows what criteria are there for selection. 5. The real issue is not who appoints the judges but how they are appointed. 6. Data relating to members of the judiciary seeking elevation to higher judiciary should be available online, available to the public. Reforms suggested for collegium : 1. We can follow a version of the UK system where all assessment criteria are well defined and assessment is evidence based. If there is not enough evidence to support a person’s candidature, he/she is not considered. 2. In 2002, Venkatachaliah Commission recommended a 5 member NJAC to replace Collegium. 3. Collegium should accept applications for appt as HC judges - UK model. Need of an Objective criteria. 4. US model - The ‘public’ senate hearings for appointments of judges to superior courts in U.S. are another example of transparency. 5. Complete disclosure of relationships of applicants to sitting and retired judges. 6. Permanent Commission to scrutinize candidates (on complaints of dishonesty and lack of integrity) and recommend names to collegium. NJAC 2013 Bill 1. 99th CAA envisaged a NJAC (insertion of Art 124 A) to appt and transfer judges of HC and SC 2. Composition (6) : CJI +2 senior judges, 2 eminent person and Law Minister 3. Passes by Parl and ratified by 20 states , but later SC struck down with a 4-1 majority SC verdict 1. NJAC didn’t provide adequate representation to judiciary; insufficient primacy of judiciary (Primacy reqd : Govt major litigant - 60% cases; Independence of Judiciary - basic structure; separation of powers)

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2. Art 124 (1) is ultra vires provision of constitution, because of inclusion of Law Minister as exofficio member of NJAC (impinges separation of power). 3. Amendments impinge upon, “independence of judiciary” and “separation of powers” 4. Following its judgement, SC also accepted flaws in collegium and permitted govt to formulate MoP

Memorandum of Procedure (MoP) for appointment of judges: Recommendations: 1. Suggested “Merit cum seniority” as prime criteria. [SC suggestion seniority as prime criteria, Centre agreed] 2. “Performance appraisal” as a standard for appointing Chief Justices of HC/SC. 3. Appoint 3 SC judges from members of bar (lawyer), distinguished jurists. (eg, eminent advocates like Soli Sorabjee) [On basis SC suggestion, Cap limit of 3 has been lifted by govt]. So far no distinguished jurist has been appointed SC judge. 4. Setup Permanent secretariat in SC to maintain records. 5. A notice of vacancies of judges should be put on website of HC. 6. Government’s veto on concerns of national security and public interest. It is reqd to ensure collegium doesn’t favour relatives, former colleagues, friends or a perceived security threat etc. The govt in return will give the reasons for rejecting the name and then Collegium will take a final call. Collegium will have right to reiterate a name rejected by govt. 7. Names for judges’ appointments could be suggested by all judges of bench as well as by Attorney General and the bar. 8. List of candidates brought before collegium will first be vetted/confirmed by a committee of two retired judges and an eminent person. Other Judicial reforms: 1. Vacancies filling; appt of ad-hoc judges to clear pending cases 2. Persons of doubtful integrity to be weeded out, by methods like voluntary retirements. 3. Court infra/ digitization. Court mgmt be given to trained professionals. 4. Adequate representation of women. 5. Uniform retirement ages for SC and HC judges to check practice of judges seeking to be in good books of collegium. 6. Minimum tenure for CJI and CJ-HC 7. Repeal archaic laws Way fwd 1. The country deserves nothing short of the most competent, learned persons as judges whose ethical conduct is beyond doubt. 2. Inclusive of women, minorities, SC/STs, and therefore promotive of the constitutional goal of social justice in judicial appointments as well 3. A full-time Commission, which is independent of both govt and judiciary shall take over appointments to be rational and transparent. It will also improve the efficiency of tired judiciary. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. The road to securing judicial accountability is long and hard, but proper accountability for such a powerful and vital organ like the Indian judiciary is essential for the survival of the rule of law and democracy in this country 5. The real issue is not about who appoints the judges. It is about how the judges should be appointed whether under the NJAC system or the collegium system

Removal of Judges - Per Constitution of India: 1. Under Article 124(4) of the Constitution a Judge of SC can be removed only by the President on ground of ‘proved misbehaviour’ or ‘incapacity’ only after a motion to this effect is passed by both the Houses of Parliament by special majority. 2. Constitution requires that misbehaviour or incapacity shall be proved by an impartial Tribunal whose composition is decided under Judges Enquiry Act 1968. 3. Similar procedure is for removal of HC judge under Article 217B. Issues with Impeachment of Judges: 1. No Judge has been successfully impeached so far. 2. Only Parliament can take cognizance of a case of a tainted judge. No space is given to a common man. 3. The law does not define the term misbehavior and hence ultimately fails to recognize the wide range of misbehavior. 4. The process of impeachment is very long and involves political considerations. 5. The Judge under investigation is not prohibited from discharging his duties in court of law. Recent issue: 1. SC Collegium had recommended transfer of Justice CS Karnan from Madras HC to Calcutta HC. He had also laid allegations against his fellow judges due to caste biases. He was earlier reprimanded by SC 2 years ago on a complaint filed by 21 judges of Madras HC. 2. As Impeachment process of judges is very difficult, the only option available is transfer of the judge. But rather than solving the problem it just shifts it to another High Court. Way fwd: 1. The Judicial Standards and Accountability Bill, 2012 could be revived. Earlier it could not be passed because of difference of opinion on various issues. 2. The Bill sought to establish a set of legally enforceable standards to uphold the dignity of superior judiciary along with a new architecture to process the public complaints leveled against the judges. Issues of Judiciary: l

Appointments : The country has a judicial strength of 18,000 as against requirement of 50,000. Delay in appointment is chronic. Delay in clearing appointments.

l

Financial Autonomy : Planning and budgeting being undertaken w/o consulting judiciary.

l

Transparency : Despite decision of CIC, judiciary has been kept out of purview of RTI.

l

Lack of Political will (govt largest litigant - 60% cases)

l

Poor judge/population ratio.

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l

Lack of good judges as some are adjournment oriented and stretch cases unnecessarily for many sittings.

l

Complicated laws and procedures.

Steps taken: 1. Enactment of Commercial Courts Act, 2015 for dedicated commercial courts at district and High court level. 2. Amendments to Arbitration and Conciliation Act, 1996 for quicker and cost effective resolution of commercial disputes through arbitration. 3. Setting up of lawyers academy in Kochi to improve the quality of legal education. Reforms needed: 1. Set up fast track additional courts 2. ICT 3. Setting up ADR such as Lok Adalats. 4. Bringing retd judges from HC/SC for helping reduce backlog. 5. Fast filling vacancies by identifying good judges. System like US, where list of judges is identified and scrutinized can be adopted with necessary modifications. 6. Memorandum of Procedure submitted by govt to CJI for appointments to higher judiciary can help in institutionalizing the process. 7. Law Commission suggested in its 245th report, that each judge should be assigned the number of cases to be disposed at each level decided based on some computer based analytical method.

Alternative dispute redressal (ADR) 1. means for disagreeing parties to come to an agreement without litigation Tools: 1. Arbitration: neutral 3rd party render a decision based on merit of case. Usually binding. 2. Mediation: development of consensual solution b/w disputing parties, overseen by a non-partisan party. 3. Conciliation: resolution achieved by compromise. It is not binding. Examples: 1. Lok Adalats : are a step towards art 39A for equal justice and free legal aid. Speedy justice, inexpensive, no appeals lies, cordial relations b/w disputing parties are retained.

Issue of increasing “tribunalisation” of courts in India 1. The tribunals were established with the object of providing a speedy, cheap and decentralised determination of disputes. 2. The exigencies of modern administration requires adjudication of disputes not necessarily on basis of technical questions of law, but also after considering policy intentions and public interest. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Tribunals are manned by experts who could professionally deal with issues. eg: ITAT, Companies tribunal, NGT 4. The Court in Chandra Kumar vs UOI Case (1997) suggested that the tribunals should enjoy the same constitutional protections as the Courts( HC and SC) Issues: 1. Tribunals are under direct administrative control of ministries and hence are likely to be influenced by government’s opinion, thus interfering with justice delivery.

Need for All Indian Judicial Service: 1. quality of judges - recruit best talent from bright law students who don’t want to join subordinate judiciary. 2. Law Comm, Supreme Court and Swarn Singh Comm (1976) have recommended to setup AIS for judiciary. 3. A career oriented judiciary will make it more accountable, professional, quality of justice.

ELECTIONS, RPA Foreign Funding of Political Parties (FCRA changes) Model Code of Conduct 1. guidelines issued by the ECI for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, election manifestos and general conduct. 2. Aim to ensure free and fair elections. 3. It comes into force immediately on announcement of the election schedule by commission and remains in force till the end of the electoral process. 4. It doesn’t have any statutory backing and is based on ‘rules of electoral morality’ and hence cannot be enforced by commission. Frequently violated - like recent Bihar elections (used of religion/ caste) Evolution: 1. The Commission issued the code for the first time in 1971 (5th Election) 2. Evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit. Benefits of making MCC statutory under RPA: 1. Justiciable; enable EC to take adequate action; regulate activities on social media; create fair play. Implications of statutory backing 1. blur EC image as neutral body; increase in litigation and delay election process NERPAP -National Electoral Roll Purification and Authentication Programme. NERP 2016 - to correct errors, enrollment and removal of shifted/dead entries. GIS technology and SVEEP (Systematic Voters Edu and Electoral Participation) strategy will be used for updation.

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None of the Above (NOTA) - Negative voting 1. SC in 2013 ordered in a judgement for inclusion of NOTA option. It declared that NOTA count would not invalidate an election and the highest-polling candidate would be declared elected. With this, the voter only gets a method to register discontent. NOTA in India does not provide for a ‘right to reject’. 2. So far NOTA votes haven’t crossed 2% of polling population. Why NOTA is good? 1. Force the political parties to select the honest candidates, i.e with no criminal records. 2. NOTA ensures people’s ‘right to freedom of speech and expression’. 3. This will increase the polling percentage. Why it is bad? 1. Even if majority people vote for NOTA, the next highest majority candidate will be elected. So, in the strictest sense it does not give any chance to reject or disqualify candidates. Insights into NOTA pattern: 1. Reserved constituencies saw relatively higher NOTA -> points to continued social prejudice against SC/ST. 2. Constituencies of LWE saw higher NOTA to register their protest by democratic means. Funding Reforms Attempts/ Money Power 1. Dinesh Goswami Committee in 1990 and later Indrajit Gupta Committee recommended limited support in kind while simultaneously recommending a ban on company donations. 2. EC asked to plug this loophole by suggesting that income tax waiver should be provided only to those political parties which contest and win seats in Lok Sabha or Assembly polls 3. Acc to ADR, 69% of income of political parties is from unknown sources. This is due to deliberate exemptions. 1. Under Section 13 (A) (b) of IT Act 1961 Political Parties are not legally bound to submit their income tax returns annually. 2. Under Section 29(C) of RPA 1951, Political Parties are required to disclose details of donations which are above 20,000. The way fwd is identity of every donor to every political party irrespective of donation amount must be in public domain so that EC, IT Dept can verify the bona-fide. Black Money in Political Funding : new Opportunities for Crony Capitalism. Budget 2017 Electoral Reforms proposed: 1. Ceiling of Rs 2,000 cash donation (from 20,000) per person in a year to a political party. 1. But there is no limit on amount of anonymous cash donations. Now they can absorb same amount by breaking it in Rs 2,000. 2. Parties will be entitled to receive donations by cheque and digital mode. 3. Electoral Bonds, which can be bought by donors and redeemable by banks of political party 4. Every party has to file IT returns within prescribed time limit to enjoy exemption from payment of Income Tax. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Electoral Reforms: Need: 1. ECI has sought complete independence from govt. Currently only CEC has security of tenure. Equal constitutional protection to all 3 election commissioners 2. Budget is not a charged expenditure and is voted by the Parliament. It wants absolute financial freedom like CAG and UPSC. 3. Need for an independent sectt which don’t have to depend on DoPT to appoint its officers. 4. It has also pushed for introduction of totaliser machines for counting of votes and multiple cutoff dates for voters registration. The totaliser machine increases the secrecy of voting by counting votes polled at 14 polling booths together, as against the current practice of announcing booth-wise results. According to the poll watchdog, the identification of area-wise voting trends could encourage candidates and political parties to be vindictive with voters of those areas who did not vote for them. 5. Check use of cash and other freebies 6. Multiple cut-off dates for voter registration. 7. Disqualification of a candidate from contesting elections if a court has framed charges against him. Currently a candidate is disqualified if convicted for crime bearing sentence more than 2 years. 8. ECI wants bribery during election season as cognizable offence. 9. ECI also supports making paid news an electoral offence punishable by 2 years of imprisonment. Other issues: 1. Commission has sought insertion of a new clause ’58 B’ in RPA 1951 to revoke/postpone elections in affected polling stations in case of use of money power. Eg: Recent misuse of money power in Tamil Nadu state elections 2016. Currently the section “58 A” empowers EC to cancel polls in case of booth capturing or use of muscle power. eg, AIADMK candidate paid 500/vote. Reforms taken: 1. Open Ballot Voting in the case of elections to Legislative Council in the election by MLAs as in the case of Rajya Sabha election. 2. Amendment to Rules to provide for use of Totalizer for counting of votes. 3. Constitutional protection for all members of the Commission and independent Secretariat for the Commission 4. the Commission proposed that 1st January and 1st July may be specified as qualifying dates for enrolment in electoral rolls by amending the Act. 5. Flying squads and Video surveillance teams. 6. e-postal ballots for service personnels (defence) Way fwd: 1. ECI is one of the watchdogs of Indian democracy mandated my constitution of India. It needs autonomy and powers to conduct free and fair elections.

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CONSTITUTIONAL, STATUTORY, QUASI-JUDICIAL, REGULATORY BODIES Issues 1. Appointment issues : control of govt 2. Structure : less representation of NGO and civil societies and max retd civil servants and retd judges (extn of govt machinery). 3. Funding : inadequate, vulnerable to political interference, routed through in-line ministry. 4. Lack of independent investigation agencies 5. Overlapping of functions : NCW/NCPCR and NCW/NCM

CONSTITUTIONAL BODIES CAG 1. estb under Art 148. 2. CAG audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. 3. The reports of CAG are taken into consideration by PACs and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures. Though the judgment of the Supreme Court in 2014 was in the context of telecom companies, it reinforced an important principle that wherever public resources are being used by private companies for revenue generation, CAG will have a duty to examine as to whether the government is getting due share out of such revenue. Other audit initiatives by CAG: 1. audit of financial implications of demonetisation 2. auditing several public-private partnerships (PPP) 3. auditing Justice Lodha comm report on cricket administration From climate change to PPPs, there are dramatic changes happening in the way government funding and public goods are exploited. How is it impacting CAG’s functioning? Big Data Mgmt Policy 2016: Analysing data and linking multiple databases for audit process has enormous potential for upgrading our audit skills. Data analytics will not only improve risk analysis in audit planning but also make the audit outcome sharp and focussed, based on better evidence.

Election Commission Reforms suggested by EC 1. While appointing CEC and ECs a panel should be used. 2. Removal of EC should be like CEC

STATUTORY, QUASI-JUDICIAL, OTHERS Statutory l

NHRC, CIC, CVC, CAT, RBI, AAI (Airport Authority of India), NHAI, FCI UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Quasi-Judicial l

NGT, NHRC/SHRC, ITAT, IPAT (Intellectual Appellate Tribunal), CIC, NCDRC

Other ·

NCW, CBI, NITI

CVC Appointment 1. The selection committee consists of the Prime Minister, the Home Minister and the Leader of the Opposition in the Lok Sabha. Power, Functions and Responsibilities 1. The CVC advises the union government on all matters pertaining to the maintenance of integrity in administration and preventing corruption in the Central government. 2. It exercises superintendence over the working of the CBI in cases referred to it under POCA, 1988. Current Issues: 1. CVC is severely understaffed and financially under-resourced reducing its effectiveness as autonomous body. 2. CBI is under administrative control of DoPT (power to appint, transfer, suspend lies with DoPT) which reduces control of CVC over CBI 3. CVC is only an advisory body. 4. Appointments have been controversial and mired by political bias. 5. Shortlisted list to finalise the director CVC is prepared by the government itself. Way forward: 1. Selection panel should itself create the shortlist with no executive interference. 2. CVC be made autonomous and independent equivalent to CAG. 3. Strengthening of the Whistle Blower Protection Act by doing away the provision of mandatory disclosure of identity.

The National Human Rights Commission (NHRC) 1. NHRC chairperson Justice H L Dattu, called it “a toothless tiger”. 2. Estb in 1993 under Protection of Human Rights Act 1993. 3. Body is responsible for protecting and promoting Human Rights related to life, liberty, equality, dignity of individuals as grntd by Indian constitution and int’l covenants. Powers & Functions 1. Inquiry powers 1. To inquire, suo motu or on the basis of a petition or on a direction of a court, into a complaint of human rights violation. 2. With regard to inquiries into complaints, it has similar powers of a civil court i.e. summon attendance, require production of any document and ask for oaths. Proceedings before it are deemed to be judicial proceedings.

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3. Additionally, it can require any person to furnish information in relation to the inquiry. 4. It has search and seizure powers. 5. It can take aid of any government agency for its investigations upon their concurrence. 6. As an outcome of its investigation, it can recommend to the concerned government to pay compensation to the victim and/or to initiate prosecution proceedings against the offender. 2. To intervene in any human rights case pending before a court. It may also approach the SC and the HCs for relief. 3. To visit any jail or any other state institutions to see the living conditions of the inmates and make recommendations. 4. To review the constitutional and legal safeguards for human rights and make recommendations. 5. To review the factors that inhibit human rights and make recommendations. 6. To study international treaties on human rights and make recommendations. 7. To promote human rights research. 8. To spread human rights awareness. 9. To encourage NGOs working for human rights. Positive Points of NHRC 1. Easy accessibility to the Commission. Anyone can approach NHRC through telephone, letter, application, mobile phone or internet. All the documents, reports, newsletters, speeches, etc. of the Commission are also available on this website. 2. NHRC has worked immensely to create awareness among public through seminars, workshops, lectures, literature, NGOs. The rising number of complaints on human rights violations only proves the fact that awareness is growing about NHRC. 3. The Commission has succeeded in getting the human rights education included in the curriculum. 4. Many recommendations made by NHRC have been implemented by the public authorities. These include bonded and child labor, narco analysis, mental health, manual scavenging, endosulfan, rights of physically challenged etc. 5. The Commission has been instrumental in persuading states to set up Human Rights Commissions and twenty states have set up the State Human Rights Commissions. Negative Points of NHRC 1. Lack of pluralism in its composition : Dominance of the judiciary. UN panel pointed that it is only “one of the 10 functions” enumerated in the NHRC law. 2. Non Judicial posts are often filled by retired bureaucrats in place of relevant experts/human rights defenders. 3. Lack of independent investigation : Officers come on deputation from within govt. Complaints given to NHRC were entrusted to the police. 4. Lack of independence : NHRC is currently required to report to MHA. Serious question marks over selection process. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. Advisory nature : Recently NHRC chairman H.L. Dattu (Ex CJI) highlighted NHRC reco are ineffective ® no penal powers. Act doesn’t extends to J&K and hence it has to keep eyes closed to human rights violations there. 6. Time limit of 1 year since the occurrence of act : to investigate an event/incidence. 7. Armed Forces violations of Human rights : powers are restricted to simply seeking a report from govt and then issuing reco. 8. Scarcity of resources : human/ financial/ material; rising number of complaints/ backlogs; 9. Doesn’t cover rights violations by private parties. Way ahead: 1. Effectiveness of commissions can be enhanced by making their decisions enforceable. 2. Large number of Human rights violations occur in LWE and insurgency areas. Not allowing NHRC to independently investigate against military only compounds the problems. 3. Non-judicial member posts should be given to rights activist rather than ex-bureaucrats (mere extn of govt). 4. Independent cadre of staff wit apt skills and experience . 5. Promoting a culture of human rights through education.

QUASI - JUDICIAL NCDRC 1. Quasi-judicial commission (3-tier) setup in 1988 under Consumer Protection Act 1986. 2. Headed by sitting / retd Judge of SC. 3. Appellate jurisdiction and original jurisdiction for cases valued > 1 crore. Appeals against NCDRC to SC within 30 days.

ITAT NGT 1. estb 2010 under National Green Tribunal Act 2010. 2. Aim : To provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws. 3. Principal Bench - Delhi; and 4 regional benches; NGT is not bound by CPC but shall be guided by principles of natural justice. 4. Review and appeal : against NGT orders can be done in SC within 90 days. Recent decisions: 1. Fine on Art of Living Foundation as environment compensation for conducting a World Cultural Festival on the eco-sensitive floodplains of Yamuna river. 2. NGT Ban on diesel cars in Delhi in 2015. NGT circuit bench in Kochi banned all diesel vehicles older than 10 years in 6 cities of Kerala. 3. NGT has passed various prohibitory orders against sand mining in riverbeds that is being done without environ clearance.

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Issues: 1. NGT is not vested with power to hear cases related to WPA 1972, Indian Forest Act 1927, various acts enacted by states relating to forests. Way ahead: 1. Effective implementation of NGT decisions by all state govt dept. 2. Plethora of legislations on environment date back to pre-independence times and they need to be reviewed. 3. EIA, Noise pollution and radioactive waste pollution are inadequately covered under existing legislations. 4. It permits direct access to environmental justice, allows greater expertise, sets up alternative dispute resolution mechanisms and offers a path for the evolution of environmental jurisprudence.

REGULATORY BODIES Indian Medical Council (IMA), FMC, TRAI, AERB (Atomic Energy Regulatory board), SEBI, CCI, IRDA, CBFC (Film Certification), UGC

Need for independent Regulatory bodies and suggested reforms: 1. Current statutory bodies like MCI, Bar Council of India are regulator cum professional body > conflict of interest. 2. Hurts credibility and reputation of these bodies and hampered India’s attempts to secure Mutual Recognition Agreements (MRA) with other countries to enable easier temporary movement of skilled workers and professionals across borders. 3. SC recently citing a Parliamentary panel report to state that MCI “was repeatedly found short of fulfilling its mandated responsibilities” and that the “quality of medical education was at its lowest ebb”. 4. Facilitative State Model : Relationship b/w regulator and regulated should move from dos/don’ts to cooperation. 5. Regulatory catchup with tech innovations in sectors : sensitize regulators to innovations -> raise quality of policymaking. 6. Safeguards so that no business sensitive info is leaked. 7. Attitudinal change on part of bureaucrats/ regulators. Four set of justification for regulatory interventions: 1. Market Economy 1. Prevention of Market Failure. For ex: SEBI, RBI. 2. To check anti-competitive practices: A natural monopoly. For ex: CCI 3. Determine monetary policy to run the govt. For ex: RBI 2. Fair play, consumer protection and increasing efficiency 1. TRAI, AERB ,DGCA, RERA 3. Prevent Externalities 1. Environmental Regulation: CPCB UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Health and safety: Ex: FSSAI 3. Standard setting: National Film certification board, Advertisements Standards council etc. 4. To promote public interest : fair access, non-discrimination 1. MSP - CACP 2. Free Power to agri - CERC 3. NABARD/ SIDBI - Govt schemes like Standup India, Skill India Mission 4. NHB Issues: 1. Independence - in status, finances, administration 2. Accountability and Transparency: Regulators don’t submit annual reports to Parl. No accountability in Parl. 3. Effectiveness : eg Capacity and expertise of Motor Vehicle Dept has not kept pace with explosive growth of vehicles. 4. Overlapping domains: SEBI/ IRDA over ULIPs; RBI/CCI over merging of banks 5. Regulatory sprawl : proposals for biotech regulator, real estate regulator, coal regulator. However 2nd Arc (12th Report - Citizen Centric Adm) recommends “Regulation only where necessary” Suggestions: 1. 2nd ARC proposes to merge SEBI, FMC, IRDA, PFRDA under UFA (Unified Financial Agency)

Regulation of NGOs: 1. Currently there are no specific laws or regulations to regulate volunteerism in India. There are different legal entities under which a civil society organisations can register themselves are: Societies Registration Act, 1860; Public Trust Act like Bombay Public Trust Act, 1950, Section 25 of the Companies Act, 1956. 2. NGOs fall under Home ministry. 3. A task force, constituted to examine the issues related to the evolution of an independent, national level, self-regulatory agency for the voluntary organisations and develop accreditation methodologies by the Planning Commission, has suggested the creation of a statutory body, the National Accreditation Council of India (NACI), on the lines of the Bar Council and the Press Council of India. 4. The proposed NACI will setup norms and practices for accreditation of voluntary organisations 5. As per the Central Statistical Organisation figures, there are 31,74,420 registered voluntary bodies. 6. Details regarding Income-Tax Act and the Foreign Contribution Regulation Act and mandatory disclosure under the Right to Information Act needed to be out in public domain. 7. To provide autonomy the chairman of the proposed body will be appointed by LA speaker, LoP LS, LoP RS , Chairman of PCI and NHRC. Recent issues: 1. A recent IB report accused “foreign-funded” NGOs of ‘serving as tools for foreign policy interests of western governments’ by sponsoring agitations against nuclear and coal-fired power plants who are negatively impacting GDP of the country by 2-3%. For example: Greenpeace (Netherlands based), Ford foundation

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2. Flouting the Foreign Contribution Regulation Act (FCRA), 2011 regulations and non filing of returns. 3. Suspicion that money launderers could use the legitimate route to circulate black money Pros: 1. Will curb black money circulation 2. Protects economic security of the country by checking any foreign interference stalling development of the country 3. Makes the process transparent and brings accountability by the NGOs. 4. They implement huge government schemes, such as midday meal programmes, mobile health clinics and skills development for rural and urban youth. Organisations such as Sewa help hundreds of thousands of women and are the self-help model for other nations. Cons: 1. Maybe used by government to arm-twist the NGOs who are not dancing to their tunes. 2. While associating for a cause is seen as meriting suspicion. It may be used to curb the dissenting voices in name of foreign interference.ex: agitations against dam constructions displacing millions (Narmada Bachao Andolan) 3. Extra restrictions and scrutiny may reduce the monetary flow which is used for many social sector works like education of the poor, old age homes, environmental protection, child rights, labour laws, women issues. Way forward: 1. True democracies celebrate the involvement of citizens, deepen it at every level and make consultation a habit. 2. Bureaucrats, law-makers and institutions alike should be working hard to include and protect civil society and NGOs rather than trying to bully and frighten people whose only weapon is words. 3. Independent regulatory body saving the interest of NGOs and the nation would strengthen the democracy. 4. An effective Grievance Redressal Mechanism should be put in place to look into complaints of NGOs

FILMS AND TV Shyam Benegal committee 2016 for designing framework for certifying films. Why should government-appointed folks decide what we should or should not see. Real problem: 1. lies with political appointments in CBFC. 2. they are political appointees and see the position as a favour by their political masters. In a completely political set-up, is there room for artistic expression which finds outlet in cinema. As far back as 1969, the Khosla Committee report had written about the necessity of doing away with the hegemony of the Centre over the Censor Board. Way fwd: 1. While designing framework it should be ensured that artistic creativity and freedom do not get curtailed. And the certification guidelines be made as non-discretionary as possible. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. It should consider the need to move towards a new system of grading films in terms of age, maturity, sensibility and sensitivity instead of censorship.

Role of Cinema in shaping cultural identity of nation 1. Mainly for entertainment, however meaningful and artistic films have a special place in hearts of audience. Correlation between society and films. Movies based on freedom struggle - 1950/ 60s, Agrarian lifestyles and issues - 1970s, Unemployment/ women issues/populations - 1980s, Westernisation - 1990s, modern science and changing role of women - 2000s. 2. Visual media was, therefore, attractive to youngsters today - both as an avenue of creative expression and as a career choice. 3. Mass communication medium: transmitting political and social messages. 4. Reflection of latest technology: Silent movies became talkies; black and white films became colour; celluloid film gave way to digital format. 5. Bollywood is the most famous export of India, Large acceptance world over, influence of diaspora, 6. Effective means of learning, mostly commercial reasons for production but parallel cinema also flourishes. 7. Smugglers were villains earleir as smuggling was an issue and today politicians are villains as corruption is a menace nowadays. 8. Film festivals, cultural shows, cross border commerce and actors, thus overall give a soft power (Pakistan fundamentalist call indian cinema as Cultural terrorism and seek ban in Indianization). 9. Recently we celebrated 100 years of Indian Cinema.. -Lagaan, Water, Gandhi- Indian struggle -generate patriotism in youth -Rang de basanti, Sholay, DDLJ- Youth power, friendship and Love respectively (Raj Simran love story became a cult in those days) -Bhaag Milkha bhaag, Mary Kom- Struggle of modern day sportspersons- urges youth anything is possible if you work hard - PK, Munna Bhai and 3 idiots highlighted the problems of our socity- Impact on culture- More awareness about alternate career option as compared to doctors and engineers earlier However, Cinema being a powerful medium to reach the masses, it has not yet utilized the platform and few movies reflect the false identity of Indian culture. 1. Stereotypes on role of women and caste groups in society 2. Depiction of erroneous science 3. Excessive violence, criminal stories and pornography 4. Over emphasis on love and showing a sense of dissatisfaction on life upon failures.

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GOVERNANCE & SOCIAL JUSTICE 1.

Gov, e-Gov, Citizen charters (Imp aspects of Gov, Transparency, e-gov - application/models..)

2. 3. 4.

Role of Civil Services in democracy Role of NGO, SHG, donors, charities (Development process and dev industry) Child (Welfare Schemes for vulnerable sections/issues related... mechanisms/laws/institutions for betterment) Women HR, Skill, Youth, Employment, Sports (Issues related to) Senior Citizens Disabled Persons Minorities, SC/STs, OBC and others Education (Issues related to development and mgmt of Social services relating to) Healthcare (Issues related to) Poverty and Hunger (issues related to) Rural and Urban Development

5. 6. 7. 8. 9. 10. 11. 12. 13.

GOV, E-GOV, CITIZEN CHARTERS Fodder: Competitive Federalism: 1. ex: Global Investors summit like Happening Haryana, Vibrant Gujarat, Resurgent Rajasthan etc, Sunrise Andhra Pradesh 2016 Successful state model: 1. Rajasthan - Sanitation 2. Kerala - PRI 3. Tamil Nadu - Health 4. MP - Girl child

e-Gov 1. Self attestation empowering citizens to verify their own documents 2. Jeevan Praman: digital certification for pension for senior citizens. 3. Arunachal Pradesh has become the first state in the northeast to implement e-Cabinet The EPFO (statutory body under MoLE) has won the National Award on e-Governance 2015-16 for launching the Universal Account Number (UAN). Universal Account Number for Employees covered by EPFO to enable PF number portability. E-Governance is Not About ‘e’, its About Governance Civil servants examples: 1. Operation Sulaimani is a free food programme introduced in the city of Kozhikode (by DM Prasanth Nair IAS) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. DM of Gopalganj (Bihar) Rahul Kumar ate food cooked by a widow in MDMS, to remove superstition like bad omen. Rahul is running another mission “ open defection free dist “ - organise mass awareness campaigns - Ratri Chaupals - inform harms of Open Defecation Gandhian way - doesnot force people but PLEADS by JOINT HANDS. India Innovation Index: 1. by NITI, DIPP and CII to rank states on innovation 2. Based on Global Innovation Index (GII) - by WIPO & INSEAD Digital Literacy - Only 8.8% of rural population can use PCs, smartphones - NSSO survey. In Urban areas- 30.2% SWAYAM Prabha : DTH channels for telecasting high quality education content free of charge using GSAT-15 Black Money : India slips to 88th place in 2016 from 75th in money hoarded in Swiss banks. Example of Citizen Charter - Delhi Electricity Regulatory Comm, under its supply code and perf stds will pay upto Rs 200 in case of delay in services. SBA - Only 5 states have declared themselves ODF. 32 crore Indian still lack access to toilets. Overall lack of sanitation costs India 6% of GDP every year. For promotion of toilet usage (behavior change among men ) across the country’s villages, the MoDWS - new campaign called Darwaza Band by Amitabh Bachchan

What is governance 1. Exercise of political, economic and administrative authority to manage a nation’s affairs. 2. Safeguarding territorial integrity, 3. ensuring individual security, 4. Rule of law, 5. Delivery of services (eradicates poverty and promotes development) Transparency, Accountability, Participation (TAP) and its needs: Transparency: access to information as it is seen as a right Accountability: involves answerability - to provide justification about actions & enforceability penalties in case of failure. Following benefits: 1. Democratic outcomes: improves quality of governance (active participation) 2. Developmental outcomes: increased development effectiveness (meeting customer expectations) 3. Empowerment: Giving rights to people (ex: RTI) and seeking feedback (MGNREGA - social audits by Gram Sabha) Is transparency a sacrosanct privilege? Increasing transparency can some times be self defeating and hence needs some exceptions1. It may flood information requests which the system can’t handle. ex: huge number of RTI requests pending 2. It may overburden the day to day executive functions, impend ongoing policies. 3. Increases burden on judiciary. ex: PILs

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4. Official secrets and matters of international diplomacy 5. It may lead to sugar coating of the facts to appear them as true as the executive has always the fear of getting public. Accountability: Citizens being end users are the best judge and they hold the executive accountable for quality of service. Measures to hold accountability: 1. Grievance Redressal Mechanisms (GRM) 2. Right to Public Services Acts (RTPS acts): which guarantee time bound delivery of notified services rendered by the government to the citizen and provides for the punishment of errant public servants. It has introduced by many states which penalise service provider for delay in service. eg: recently enacted by Maharashtra govt in 2015. Citizens’ participation in developmental process: 1. Giving suggestions: the Bangalore Agenda Task Force (BATF) holds public summits in the presence of the media to explore how to improve city services and administrative capacity. 2. Demanding better services: Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB) created a campaign called the Customers’ Meets campaign. 3. Accountability of service provider: social audits of Mid day meal and RTE.

e-Governance e-Governance is a strategic ICT platform for transforming Governance and improving the quality of services by bringing administrative reforms. Following benefits: 1. Improves accessibility (24x7) 2. Increased penetration (even to far flung remote areas) 3. Cutting costs (administrative and manpower) 4. Reducing corruption/pilferage 5. Quick and efficient services (max value for taxpayers money) 6. Local participation in policy and decision making and empowerment Eg, MyGov.in initiatives. 7. Efficient mgmt of voluminous information. 8. It has brought together private sector, civil society, youth, entrepreneurs, citizens, and researchers. 9. It also brings in SMART governance (Simple, Moral, Accountable, Responsive and Transparent). Applications: 1. G2C - ration cards, passports, bill payments, taxes, MV registration, Driving license, linking hospitals, EDUSAT, registration and transfer of properties. 2. C2G - election, census, paying taxes, market research to get inputs, feedback 3. G2G - cross linking various dept and info sharing (e-secretariat); police and criminal databases and e-FIR (e-police); recording court proceedings, reducing paper work (e-courts); state wide networks linking all districts to capital. Eg NOFN initiative (bharatNet) 4. G2B - licenses, taxation with business. 5. G2N - to NGOs UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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It requires Infrastructure, law reforms, Human skills, technology, Data systems, and above all leadership commitment. Some successful models: 1. Customs and Excise: Export/Import documentation computerized 2. IT Dept: e-filing of IT returns, service tax 3. Indian Railways: e-ticket, online status, e-food ordering (in Rajdhani trains), WiFi at 500 railway stations by Google (proposed) 4. Indian Post: Dematerialisation of NSC(National Savings Certi) and KVP. 5. Passport/Visa (GOI): 100% computerization of information. 6. Others like AP online, Bhoomi - automation of land records (KA), Gyandoot - Intranet in tribal areas for online Mandi, rural mkt (MP), e-agri market for women in far flung areas by MoMA 7. E-gov services. Lokmitra (HP), e-Mitra (Rajasthan) 8. E-District project 2015 - by Delhi govt to to provide online birth certificates, marriage and death, certificates for OBC, SC, ST, Income certificates. 9. National Optical Fibre Network(NOFN) provides broadband connectivity up to the block level in all the states, and will extend to the village level to connect all the Gram Panchayats. 10. eSamiksha is a real time, online system for monitoring of projects by the PM and follow-up action is to be updated by the concerned ministry as and when the status changes or at least every month - PM monitors this on his iPad. 11. PRAGATI is another platform through which PM once every month monitors and reviews important programmes and projects of Centre and states. Challenges: 1. Funding 2. Change mgmt- procedural and legal changes, training, loss of power by executive and other interest groups like Unions. 3. Privacy issue - information may be misused by govt for tracking citizens. 4. Need of huge ICT Infrastructure (software, h/w, internet). 5. Bringing together islands of information (duplication of information across depts) 6. Process standardization and security issues (domain names, email ids). 7. Use of local language. Translation from English to local language using s/w like GIST software by C-DAC. Is e-Gov sufficient for good Governance? 1. e-gov maybe necessary but it is NOT sufficient in itself as it improves service delivery, cuts costs, brings transparency BUT the key to good governance lies in policy formulation, resources allocation, implementation and monitoring. 2. Like e gov can facilitate online payments but access to 40% of population lacking clean drinking water can only be provided by good governance. Good governance: 1. It is more than mere administrative reforms and is applicable to all sections be it, govt, legislature, media, pvt sector, civil societies where all perform their actions in a socially responsible manner.

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2. It is associated with an accountable political leadership, enlightened policy-making and a civil service imbibed with professional ethos. 3. It considers the ethical ground of governance. 4. Sustainable and inclusive growth. 5. Strong civil societies, free press, independent judiciary are preconditions for good governance. Challenges to good governance: 1. Low accountability and Complex legal system 2. Bureaucratic procedural complexities and lack of creativity demanding out of box thinking to solve problems of 21st century 3. Poor work culture, nepotism, favoritism, collusion between bureaucrats, business man and politicians. 4. Criminalization of politics 5. Corruption 6. Outdated skills and resistance towards change.

m-Governance 1. allows for use of mobile wireless communication technology within government administration and tool for delivery of information and services to citizens and business anywhere and anytime. Sectors where it is helpful 1. Agriculture - SMS based alerts : market prices, weather info, kisan call centre queries. 2. Healthcare - eg: m-health initiative for pregnant ladies, awareness against cigarette, health alerts 3. Financial Services - mobile banking, MFI updates, UPI 4. Transportation/Tracking - m-ticketing, Logistics/Post tracking Challenges: 1. Cost; Low levels of literacy; Lack of English awareness (mobile msg); trust/security; Data overload - junk msgs.

Citizen Charter is a written, voluntary declaration by service providers highlighting the standards of service delivery that they must subscribe to, availability of choice for consumers, avenues for grievance redressal and other related information. 1. First launched in UK 1991. 2. In India it was decided in 1996 to introduce it in dept with huge public interface like railways, Telecom, Public distribution. Features/ Objectives: 1. Explicit standards of service delivery should be Time bound, Realistic, Achievable, Measurable and Specific (TRAMS). 2. Availability of information about services available, GRM, and quality of service expected via handbooks, posters, websites. 3. Choice and Consultation on services to users where practicable. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Courtesy and helpfulness: initiatives like name badges, May I help you counters, 5. Feedback mechanisms via toll free numbers, phone, mail, direct F2F, periodic surveys. 6. GRM redressal: Prompt service to complaints. Identifying ‘trends’ in complaints and resolving recurring issues. 7. Evaluating and reviewing the Charter. (Involving all stakeholders from creation of a charter to interim reviews) Potential Challenges/Way ahead : 1. Charters are likely to raise expectations of users. So tendency to over promise should be guarded by taking into account dependencies from all stakeholders. 2. Potential supply, technology, infrastructure, staff crunch bottlenecks should be identified and addressed. 3. Active involvement and awareness of users is must to serve the real purpose. 4. Independent audit of results. 5. Administrative commitment is must for sustaining a charter and enhancing service delivery standards.

Latest developments: PRAGATI (Pro-Active Governance And Timely Implementation) platform: It is a multi purpose and multi modal platform. A mechanism for redressal for public grievances and proper monitoring for timely implementation of projects launched by govt. It facilitate the projects of the States from the Union Government level. The system has been designed by PMO team with help of NIC. Features: 1. Cooperative Federalism : It is a 3-tier system (PMO, Union Government Secretaries, and Chief Secretaries of the States) which brings in the major stakeholders from union and state on a common platform. 2. Prime Minister will hold a monthly programme where he will interact with the Government of India Secretaries, and Chief Secretaries through Video-conferencing enabled by data and geoinformatics visuals. It will ensure real-time, regular exchange of updates on centre and state projects like SBA. 3. PRAGATI provides an interface and platform for 3 existing platforms (namely CPGRAMSCentralized Public Grievance Redress And Monitoring System, PMG-esuvidha and Ministry of Statistics & PI). 4. It will also take into consideration various correspondences to PM’s office by the common people or from high dignitaries of States and/or developers of public projects.

Digital India Programme (DIP) A programme to transform India into digital empowered society and knowledge economy. Being Implemented by : Department of Electronics and Information Technology (DeitY).

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Vision: 1. Digital Infrastructure as a Utility to Every Citizen 2. Governance & Services on Demand (delivering services digitally) 3. Digital Empowerment of Citizens (digital literacy) Digital India aims to provide the much needed thrust to the 9 pillars of growth areas, namely: 1. Broadband Highways, Universal Access to Mobile Connectivity, Public Internet Access Programme, E-Governance: Reforming Government through Technology, e-Kranti – Electronic Delivery of Services, Information for All, Electronics Manufacturing: Target Net Zero Imports, IT for Jobs and Early Harvest Programmes (Public WiFi, School e-books, SMS based weather & disaster alerts). Key projects: 1. Digital Locker System: minimize usage of physical documents and enable sharing of e-documents across agencies 2. MyGov.in: as a platform for citizen engagement in governance 3. Swachh Bharat Mission (SBM) Mobile app 4. eSign framework: to digitally sign a document using Aadhaar authentication. 5. eHospital: app for services like registration, fee pmt, diagnostic reports 6. National Scholarships Portal is a one stop solution for end to end scholarship process for all scholarships provided by GOI. 7. Bharat Net, a high speed digital highway to connect all 2.5 lakh Gram Panchayats of country using optical fibre 8. BSNL has launched Next Gen Network (NGN) and large scale WiFi hotspots throughout the country. Concerns/ Challenges: 1. Lack of holistic legal framework to address concerns over privacy & data protection. Outdated Cyber security and IT laws. 2. Issues of National security: Any leakage or attack on such data can jeopardize national security and disrupt the lifeline. 3. Current speed of laying down optical fibre network is dismal at 500 km/month, while it should be 30,000 km/ month as per the initial targets. 4. Awareness about technology is quite low specifically in rural areas where internet penetration is mere 9%.

e-Kranti (NeGP 2.0) - delivering all Government services electronically to citizens UID or Aadhaar Project Drawbacks 1. Concerns of biometric data collection PDS & MGNREGS 1. Direct Subsidy 2. Beneficiary Mobility 3. Duplicate and Ghost Detection 4. Social Audit UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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SC decision allowing govt for voluntary usage of UID 1. For PDS, kerosene oil & LPG subsidy. Now extended to MNREGA, Jan Dhan Yojana, pension and provident fund schemes. 2. Recently in 2017, Govt has made Aadhar card mandatory for PDS (receiving subsidized food grains) under NFSA Act.

IT Enabled PDS Network (PDSN) - Nilekani Committee Recommendations 1. A dedicated end to end computerized network of PDS called PDSN be setup having common platform.

National Optical Fiber Network 1. All village Panchayats are to be connected through NOFN within 2 years (by 2017) with a 2 Mbps internet to enable delivery of public services to foster inclusive growth. Single window grievance redressal as in LokVani in UP, Gyandoot in MP or single window facility to pay taxes and bills, to the end users.

National e-Governance Plan (NeGP) Integrated MMPs 1. e-Courts 2. e-Procurement: This MMP of the Ministry of Commerce aims at rolling-out IT-enabled procurement by government departments. 3. e-District: This MMP aims at delivery of high volume, citizen-centric services through kiosks. These would primarily be services not covered by other specific MMPs. A minimum of 7 services will be delivered in every State. 4. NoFN: 2Mbps network connectivity to each Panchayat. 5. e-Gov AppStore: It will host successful e-governance applications which can be replicated by all government departments intending to implement e-Gov initiatives, thereby saving immense time and costs. 6. Meghraj: This is the new Government of India cloud (GI Cloud).

ROLE OF CIVIL SERVICES IN DEMOCRACY Civil services play a pivotal role in the governance to deliver effective services to people. Civil Services are bedrock of public administration. Following are characteristic of Bureaucracy: 1. clearly defined hierarchy of offices. 2. selection on the basis of technical qualifications. 3. Fixed salary and a career with defined set of promotions. Importance and functions performed by Civil servants: 1. Law and Order: Maintaining large scale administration with the help of scientific and technological advancement. 2. Policy formulation and implementation: Administrative machinery for formulation of policies and plans, executing and monitoring programmes, laying down laws, rules and regulations.

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3. Provides continuity: While govts come and go they act as backbone of administration. 4. Crisis mgmt: Natural calamities, need administrators to act quickly and undertake rescue operations. 5. Welfare state: Providing citizen services like food, shelter, education, health and sanitation to the intended beneficiaries. 6. Developmental functions: developmental goals and priorities for agriculture, industry, education, health, communications 7. Environmental functions: Promotion of clean and green environment and protection of human rights. 8. Quasi-judicial functions: Resolve differences among the people due to communal, ethnic, caste conflicts. Supporting adjudicatory functions by facilitating tribunals like ITAT, conflicts between state and citizens. 9. Facilitate democracy: maintaining the democratic ideals by assisting their political heads (Ministers) in policy-making function and in implementing the policies. 2nd ARC observations/ concerns about civil services: 1. Unrequired rigidness, complexity and over-centralization in policy and management functions limiting space for any innovation and gives no opportunity to exercise individual judgment/discretion. 2. Vertical hierarchies and veto points limit prompt decision making. 3. Overloaded bureaucracy with the quantum of work across ministries and dept. 4. Unwarranted response time in the age of rapid economic growth, technological changes, increased local awareness. 5. Perception has developed that they resist change as they are wedded to their privileges and prospects and thereby have become ends in themselves. 6. 73rd and 74th amendments require fundamental changes in administration as local govts are ‘local’ only in ‘form’ but are ‘central and state in content’. 7. Civil servants should view civil society organisations and private sector as partners in the process of the country’s governance. Focus should be on decentralization and citizen-centric governance. Reforms needed: 1. in recruitment process. 2. Training to bring about behavioural and attitudinal changes. 3. Minimize red tapism; simplification of administrative procedures. 4. Nepotism, corruption, Politician-bureaucrat-corporate nexus has to end. 5. Use of modern management techniques like MBO, new work culture, encouraging creativity. Reco’s by 2nd ARC: 10th report: 1. Establish a NIPA to run bachelor courses in pub Adm, governance, mgmt. Other applicants to civil services can be run through a ‘Bridge Course’ to cover the gaps. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Structure of exam: Pre and Main to be conducted with 2-3 days. Mains copies to be evaluated only for those who score a particular threshold in Pre. 3. Induction of state civil services officers to be done in IAS on basis of a common exam conducted by UPSC. 4. Capacity Building: Mid career training to develop domain knowledge and competence reqd. 5. Public servants should be encouraged to obtain higher education and write research papers for reputed journals. 6. The governing bodies of SVPNPA, LBSNAA should be broadened by including eminent experts. Previous commissions on civil service reforms: Alagh Committee 2001, Hota Committee report 2004. Hota recommendations1. Recruitment: testing on common subjects rather than optional subjects. 2. Domain expertise: Domain assignment should be introduced for civil servants to encourage acq of skills, career planning. 3. Accountability: Code of Ethics should be drawn up for civil servants incorporating the core values of integrity, merit and excellence in public service. 4. Performance Appraisal: replacing the ACR with a system of objective assessment against agreed work plans. Comparing bureaucracy with other countries: 1. US: It has a representative character and is considered as microcosm of entire society. 2. UK: Senior executive services are open to a pool of civil servants and outside domain experts.

Prosecution of Civil Servants Background: 1. It is no doubt essential that reasonable opportunity is provided to a govt official against what might be arbitrary or vindictive action. But this should be only reasonable, not excessive. 2. Public good must override individual right, certainly of the corrupt and inefficient public servant. Article 311 1. No civil servant shall be dismissed by an authority subordinate to that by which he was appointed. 2. No such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard. Art 309 and Art 310 1. Article 309: Legislature may regulate the recruitment and conditions of service of civil services. 2. Article 310: Civil servants hold office during the pleasure of the President / Governor. The Balanced Approach 1. Article 311 of the Constitution should be repealed. Simultaneously, Article 310 of the Constitution should also be repealed. Suitable legislation to protect civil servants from arbitrary actions of the executive should be provided under Article 309.

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2nd ARC on Disciplinary proceedings (Article 311) 1. The charges against the government servant should be communicated to him in writing. 2. Inquiry process should be based to the maximum extent possible on documentary rather than oral evidence. 3. Explicit articulation of “protection” under art 311 gives an impression of inordinate ‘protection’. The intention was to embolden senior civil servants to render impartial and frank advice to political executive without fear of retribution. 4. But this has created a climate of excessive security w/o f ear of penalty f or wrongdoing. Instead comprehensive legislation under Article 309 could be framed to cover all aspects of recruitment, service, dismissal, removal or reduction in rank. 5. Article 311 can be repealed and similarly 310 can be repealed and the provisions can be added in 309 itself. 6. The penalty of dismissal or removal of a public servant should only be imposed by an authority 3 levels higher than present post held by that public servant. 7. The 2-stage consultation with CVC in cases involving a vigilance angle should be done away with and only second stage advice after the completion of the disciplinary process, should be obtained. For cases involving a vigilance angle, no consultation with the UPSC should be required. 8. Consultation with UPSC should be mandatory only in cases leading to the proposed dismissal of a government servant. 9. Other countries like UK also don’t provide such constitutional safeguards.

Central Civil Services (Conduct) Rules 1964 1. For impartiality, objectivity, non-partisanship: Rule 4(1), no govt servant will influence to secure emp for family member. 2. For Probity in governance : Rule 4(3), No govt servant to grant/sanction contract to company in which family member is emp 3. For Efficiency and Quality of Service delivery : review performance of official at 50-55 yrs of age and 30 yrs in service 4. To reduce corruption : Centre introduced a rule last yr to remove civil servants in public interest even if evidence against them is not sufficient to initiate disciplinary proceedings.

Domain based lateral entry in higher civil services Generally perceived that secure career path is biggest shortcoming. No: 1. Civil services admin framework has integrated the diverse country into an integrated whole. 2. Width and depth of field experience is not available with outside talent. 3. Permanent civil servants will be left to policy implementation and no role in policymaking. This would demotivate best talent to appear for civil services. Yes: 1. It would bring fresh minds, new ideas, best practices 2. domain experts and will also induce competition within system. eg: RBI Chairman UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Concerns : political influence in lateral entry. Recruitment, service rules haev to be clearly defined. A credible agency like UPSC should be entrusted with recruitment.

Compulsory retire non-performing civil servants 1. recently 2 IPS and an IAS officer retired to administer a shock to a complacent and growingly dishonest civil service. 2. The compulsory retirements are in pursuance of service rules that contemplate a review either when an officer reaches the age of 50 or completes 25 years of service. Issues: 1. Precedence of compulsorily retire without sufficient safeguards could be misused by political leadership to tame the bureaucracy.

Civil Services Role in a Democracy Need for ‘democratic policing’ where they are responsible not only to govt but also to people, constitution and other agencies. There are only 6% women in police. Exit Mechanisms 1. It is necessary that all civil servants undergo a rigorous assessment of performance, at regular intervals, and on the basis of such evaluation a civil servant can be retired compulsorily. The compulsory retirement can happen say after 20 years. Separation of Policy Making and Implementation Tasks Field Postings of Officers during the Initial Part of Their Career Domain Competency Motivating Civil Servants (2nd ARC) 1. Recommendations 1. Performance based monetary incentives. 2. Recognition: Though national awards. 3. Job enrichment: Delegation should be made a part of the performance appraisal at each suitable level. 4. Linking career prospects with performance: Arbitrary political actions must stop.

Prakash Singh vs UOI (2006) 1. landmark in the fight for police reforms in India - perpetuate poor police performance and unaccountable law enforcement. 2. SC made a scheme to ensure: 1. Police have functional responsibility while remaining under supervision of executive. 2. Political control over Police is kept in legitimate bounds 3. Policing is increased in terms of core functions 4. Fair and transparent internal system 5. Public grievances are addressed through independent mechanism

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SC Guidelines: 1. State Security Commission : to prevent unwanted political interference, as a watchdog with members from govt, judiciary and civil society 2. DGP selection and Tenure : Min 2 yrs (involve UPSC) 3. Separation of Law & Order and Investigation 4. Police Establishment Board : to decide transfers/postings 5. Police Complaint Authority : at district/state level Issues in implementing reforms: 1. KT Thomas Committee 2008 noted, Almost none of the states have followed the SC order either in letter or in spirit. Some states have passed acts to circumvent SC order and have retained political control over Police. 2. In most of the 9 Police Complaint Authorities setup in states so far, serving Police officer is appointed as judge in their own cause. 3. Regarding Tenure - States allege that its beyond their domain, as it requires amendment to All India Services rules under Central Govt. 4. PCA : State say already multiplicity of commissions (NHRC/SHRC, Women/Minorities/SC/ST Commissions) Need for Police reforms: 1. Police is a state subject. Bust most states are following archaic Police Act 1861 2. Lots of politicization Challenges faced by Police Force today 1. Lack of Preventive Intelligence against terrorists/insurgents 2. CID/CBI - premier investigation agencies standards have declined sharply; Lack of training; 3. Vacancies; Outdated arms and equipments; Lack of specialised organisation for specifications on tech and equipments; Action taken: 1. Centre govt came up with Model Police Law 2006 (under Soli Sorabjee) in line with court’s direction Way fwd: 1. Demand for Police reform is over 100 yrs old. 2. Community involvement, problem oriented policing and proactive policing strategies need to be adopted in changing scenario of society.

ROLE OF NGO, SHG, DONORS, CHARITIES AND OTHERS NGO CBI report highlighted only 3 lakh out of 32 lakh NGOs file their balance sheets with government. Types of Community Based Organisation/NGO: 1. Traditional developmental NGO: which help a village or a group of villages in a specific activity like income generating activities and demand of services from public agencies. 2. Research oriented NGO: who research a topic in depth and then lobby with the government or petition the courts. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Environmental Activist NGOs : Narmada Bachao Andolan, water, air. 4. Right based org: women, migrants, child, minority rights 5. Pressure groups: Farmers cooperatives, student org, labour union, business groups like FICCI Benefits of civil societies/ NGO: 1. Ensures congruence between objectives and community values and preferences. 2. Rationalizing manpower reduces project cost. 3. Change is more acceptable to the community if the local people are involved. 4. Monitoring and sustainability of the project is more likely once the implementing body has withdrawn. 5. Co-learning in which administration and people are co-learners. 6. Builds community cohesion and installs a sense of dignity into the community. 7. Better service delivery, social audits. 8. Innovative approaches : Not bound by strict procedures. 9. Very specialised in nature: eg: Bachpan Bachao Aandolan (rescuing children from labour), Akshay Patra (providing nutritional food), Goonj (channelling donations effectively), etc 10. Even govt directs its agencies to involve NGOs in projects implementation for increased penetration : eg: Akshay Patra for MDMS. Successes of NGOs 1. NGOs have implemented the ‘JeevanDhara’ programme for creation of wells for safe drinking water; promoted community toilets for total sanitation (CLTS). 2. The much successful schemes like MNREGA, ICDS, ICPS, Nirmal Gram and SwasthyaBima have been implemented with their help. 3. Have raised several developmental issues such as the RTI, juvenile justice, ending corporal punishment in schools, anti-trafficking, forests and environment, wildlife conservation, women, elderly people, people with disability. 4. Now the govt has also moved to a demand driven approach (bottom up) rather than Program driven (top down). For example, Deen Dayal Upadhyaya Gram Jyoti Yojana, where civil societies, cooperatives are equal partners as state power dept, DISCOMs. Another example, social audit of MGNREGA projects by gram sabha (bottom up accountability) were major reasons behind their success.

Time to repeal FCRA 1976 (amended in 2010) Objective was to curb any political funding in era of cold war to check external influence of US/USSR 1. Initially NGO were to register permanently with MHA, while now it is temporary for a period of 5 yrs. 2. Now the admin expenses can only be a certain % of total funding. SO govt control their expenses. 3. Initially political parties were barred from foreign funding under FCRA. But now it has been changed scope to include all groups which are political in nature. And now it has been amended to exclude political parties and confine law only to NGOs These provisions have been used by govt to silence the NGOs on grounds of - public/national/economic interests and many NGO licenses have been canceled.

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Way fwd: 1. Self regulation 2. Planning Comm suggested setting up of an independent National Accreditation Council (NAC) But not setup yet.

Challenges faced by civil society org/NGOs: 1. Conflicts and rivalries are not uncommon even among the poor and underprivileged. 2. Political intervention. 3. Accountability and credibility of the system has been challenged as they have been found involved in malpractices and acting irresponsibly. So an independent agency like the National Accreditation Council should be developed. 4. Used as propaganda to halt development activities : Danish government funding antigovernment NGOs for projects like Kudankulam and hence government decided to step up vigil on foreign funding of NGOs. 5. Foreign contributions to non-profits are governed by (FCRA), 1976. To track the potentially dubious sources of funding in the wake of the increased number of terror attacks and anti-national activities. Sometimes the funding for social and religious causes have been redirected for opposing govt schemes. 6. Since the last govt has come to power. It has cancelled FCRA licenses of nearly 10,000 NGOs. 7. 21 foreign donors are under govt scanner which fall under Prior-Permission category where each transfer is scrutinized. 8. Exemption from IT Act: There are inordinate delays in getting the approval for exemption from Section 80G of IT Act. Such an exemption should be granted to a charity in perpetuity; there should be no need for its renewal. The tax authorities in any case have the powers to cancel the registration if any misuse is detected. A time limit of say 90 days should be fixed for grant / rejection of approval. 9. Ford Foundation(US) was put in prior permission category as it funded the anti-India activities of Teesta Setalvad’s two NGOs - Citizen for Justice and Peace; Sabrang trust. 10. Alleged FCRA violations by Teesta Setalvad’s two NGOs - Sabrang trust (license suspended in 2015). Other internal challenges: 1. weak leadership; inadequate funding 2. Undemocratic functioning NGO ban: Greenpeace allegations: -

Memorandum and by-laws of the organisation were in violation of the Societies Registration Act.

-

Difference in the amounts disclosed in its balance sheet and the submissions made under the Foreign Contribution Regulation Act 2010

-

did not file annual returns for 3 years within six months from the date of the annual general body meeting. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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NGO & Donors: Scrutiny: Reasonable OR restrictive? 1. Monitoring orgs like IB have signaled govt about these NGOs and donors due to national interest and security concerns. 2. Priya Pillai (Green peace) activist stopped by emigration from attending workshop in England. Delhi high court upheld Priya pillai’s plea. 3. Others NGOs and Funders: Greenpeace, 350.org, Rockefeller foundation. 4. Ford foundation on watch list (funds to be monitored). 5. Teesta Stelavad (& husband Javed Anand) Gujarat 2002 post riots rehabilitation.. misuse of funds 6. MHA going by FCRA, abide by law. And no witch-hand like thing. If your accounts are good then there is no reason to hue and cry as we should let the law take its own course and decide justice. 7. Onus should be on NGOs in order to ensure accountability and transparency. 8. Every grant from Ford foundation (FCRA registered) is approved by govt ministers and then going to beneficiary projects. Then why a second level of investigation by putting it in watch-list. 9. National security inseparable from economic security. and a good way is to cut on economic developments by these civil social orgs. 10. Missing clear guidelines for scrutinizing and targeting certain groups because not convenient to certain political groups. 11. Creates negative image of India on world stage and of a very intolerable society

Kudumbashree Mission in Kerala Self Help Groups 1. are informal associations of people who choose to come together to find ways to improve their living conditions. 2. Self-help groups are micro-finance intermediaries. They are generally facilitated by NGOs, and they advise and train members in a variety of on- and off-farm income-generating activities. 3. Primary objective to realize larger goals like empowering women, developing leadership abilities, increasing school enrollments, improving nutrition, etc. They help to build Social Capital among the poor, especially women.They encourage members:1. to save, 2. make collective plan for generation of additional income and 3. act as a conduit for formal banking services such as deposits, loans, money transfer and insurance to reach them. Some successful SHG and their impact: They have helped increase in savings, assets creation, income generating activities, self employment, eliminating poverty, improvement of self confidence among women. They have now become more vocal and assertive in social and family issues. Financial inclusion has encouraged spending on education, reduced child mortality, improved maternal health, better nutrition, housing and health especially among women and children.

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1. Textile Labour Association (TLA) 1954, Ahmedabad formed its women’s wing to train them in primary skills like sewing, knitting embroidery, typesetting and stenography. 2. Later restructured into Self Employed Women’s Association (SEWA) under leadership of Ela Bhatt in 1972. 3. MYRADA - KA based NGO helped many small groups to secure credit collectively and use it for economic gainful employment. 4. Tamil Nadu Women in Agriculture Programme (TANWA) 1986, 5. Participatory Poverty Reduction Programme of Kerala, (Kudumbashree) 1995 6. ADITHI in Bihar for promoting SHG among women for income generating activities using local skills. Agencies involved in SHG: 1. The SHG-Bank linkage programme(SBLP) was started as a test project in 1989 when NABARD, the Apex Rural Development Bank in the country, sanctioned Rs.10 lakhs to MYRADA as seed money assistance for forming credit management groups. Later in 1992 NABARD started full fledged projects with partnership among SHGs, Banks and NGOs. 2. Apart from NABARD, there are 4 more org: SIDBI, RMK(Rashtriya Mahila Kosh), HUDCO, Public sector/Other commercial banks. 3. They have unique credit delivery model “MFI– NGO/SHG- Beneficiaries”. 4. They have simple and minimal procedure, have flexible repayment schedules. Current Challenges in SHG Movement 1. Maintaining the participatory character of SHGs 1. Government interventions and subsidies have already started showing negative results. 2. Expansion in northern and NE states and Extension to peri-urban and urban areas 3. Issues in financial linkages 1. Currently, four distinct models of financial intermediation are in operation in various parts of the country namely: 1. SHG-Bank linkage promoted by a mentor institute 2. SHG-Bank direct linkage 3. SHG-Mentor Institution linkage 4. SHG-Federation model 4. Issues of sustainability, capacity building and use of technology 1. Many of the activities undertaken by the SHGs are still based on primitive skills related mostly to primary sector. 2. Creating SHGs is not an end in itself. They have to be made sustainable. 3. There is lack of qualified resource personnel in the rural areas. 4. Currently, many public sector banks and micro-finance institutions are unwilling to provide as cost of servicing remains high. Use of appropriate technology can reduce it. 5. Benefits to the bottom of pyramid: Contrary to the vision the members don’t come necessarily come from the poorest sections. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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6. Unhealthy competition b/w PRI-SHG: 1. Overlap of functions: poverty alleviation; enhancing participative democracy 2. SHG are sometimes seen as undermining constitutional roles of PRIs 3. Successful examples of both working in tandem : Kudumbashree (Kerala).

Corporate-SHG linkage: Eg TAJ group meets 60% of its fish demand through SHGs.

Cooperatives Cooperative is a registered, formal org. Role of cooperatives is restricted to economic activity. Current Challenges 1. Bureaucratisation and government control: Registrar of Cooperative Societies appointed by govt 2. Politicisation of cooperative leadership: The Boards of a majority of cooperative Bodies are dominated by politicians. Politicians joining cooperatives introduces decay in the system. 3. Failure to inculcate self help principle: Self-help is the basic tenet of cooperatives. In its very genesis the movement is opposed to both Market as well as State. Due to govt financial support they are under govt influence. 4. Failure to inculcate member centrality principle: Cooperatives by their very nature are inward looking organisations. They are meant to serve the member community.

Social Audit Social Audit refers to the social control over withdrawal and usage of funds drawn from the state exchequer for programs and policies aimed at the benefit of people. Benefits: 1. Transforms citizens from passive recipient to active clients and makes govt answerable. 2. Allow beneficiaries to lodge complaints against any malpractices. 3. Involving people help in efficient utilization of limited resources. 4. Social audit provides a continuity rather than a one time affair. 5. Promotes transparency, accountability, a sense of community among people. Challenges: 1. Very few states have institutionalized social audit in MNREGA despite its mandatory provisions. 2. Political interference of local representatives hinder smooth functioning. 3. The follow up and enforcement of punishment is weak and the original intent is lost. 4. Lack of expertise among local bodies. Way forward: 1. Institutionalization of social audit and making it enforceable, defining timelines and prompt penalty to guilty. 2. Capacity building to facilitate audits and adequate budgetary provisions.

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CHILD (WELFARE SCHEMES) 1. Global Nutrition Report - India has, Underweight - 42% (under-5) ; stunting (low height for age) - 38.7% (under-5); Wasting (low weight for height) - 15.1%; Anaemia in women - 48.1% 2. Child Labour - 43 lakh (4.3 million) 3. Population below 18 years of age : 41 % ; budgetary expenditure on children: 4 % of GDP 4. Per NCRB, POCSO Act 2012: 8,900 cases in 2014; Conviction : 1% 1. Major initiatives : Trackchild and Khoya Paya, Childline-1098, POCSO Act 2. Balamurtham programme (Andhra Pradesh) - to provide improved supplementary nutrition to children b/w 7 months and 3 years. 3. Operation “Nirbheek” by Delhi Police, complaints box placed at schools, allowing girls to anonymously complain about any abuse. Acc to a survey 53% of school children faced sexual abuse but didn’t report and in most of the cases, the abusers were known to child. 4. South Asia Initiative to End Violence Against Children (SAIEVAC) among 8 SAARC countries.

Vulnerable Sections (general): 1. the ones with higher risk of poverty or social exclusion. ex, elderly, disabled, at-risk children and youth, ex-combatants, migrants, displaced people, refugees, HIV affected, sexual minorities, religious and ethnic minorities, women(in some societies). 2. Some may face due to multiple identities - like a disabled women in a patriarchal society, face double discrimination of being a women and a disabled. 3. Social identities play a greater role in acquiring resources- economic capital (income, property), cultural capital (education, status), social capital (networks, associations) etc.

Drawbacks of setting targets for social welfare schemes l

Such aspects are qualitative and too much focus on quantitative aspects to judge them as success/ failure is not fair. eg: Toilets constructed under SBA to curb ODF but still unused.

l

Targets also leads to exclusion. eg: MGNREGA to target 2500 blocks, leaves others out

l

PMJDY - Target reached but many accounts lying dormant rather focus should be on awareness and literacy. It also lead to inflow if black money transactions.

l

Leads to creation of unsustainable systems/wastage of resources : eg ghost schools running under RTE/SSA, lack of teaching staff

l

Target setting doesn’t account for custom needs of vulnerable acc to their cultural needs eg: Tribals

l

Lack of roadmap: Farm incomes to be doubled through socio programs for that agri should grow by 15%..not possbile

Pocso Act 1. 53% of surveyed child some for of sexual abuse in their lifetime. Most cases by a family member/ near relative. 2. Anyone below 18 is child under POCSO. While the colonial IPC condones the rape of a 15 yr old by the husband. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Nearly 47% of the child marriage are solemnised before legal age of 18 yrs. 4. POCSO has special penal provisions against penetrative sexual assault on below 18 yrs. In aggravated assault it provides for RI of not less than 10 yrs to life imprisonment.

Child Issues Rise in crime against children 1. organized crime rackets in cities. Child prostitution and slavery. 2. Children from NE are vulnerable to cross border trafficking. Increasing Urbanization 1. It has led to rise in disease burden among children (under nutrition, high IMR, stunting and wasting). 2. 40 % of child malnutrition. 3. Falling CSR: 918 /1000 4. Child stress due to exams and high suicidal rates among adolescents. No helplines for them. Orphans and Street Children 1. Children who spend some time on roads by engaging in economic activity ranging from begging to vending and sleep in house with ill-prepared adults, have no adult supervision or care. Family ties are usually casual. Child labour 1. As per 2011 CENSUS, India has over 4 million working children in the age group of 5?14 years. Child Marriage 1. 41.3 % of girls in India are married by the age of 19 and become mothers soon after. Lack of education 1. Education has become a privilege for the rich due to high costs. eg: as per a report, 80% of tea garden in Assam are flouting RTE norms. Way fwd: 1. urgent need to pass the Child Labour (Amendment) Bill, 2012 - all forms of child labour upto age of 14 should be prohibited. 2. Strict enforcement of law and constitutional provisions. Rehabilitation of vulnerable/ victim child should be integral part of law. 3. Bachpan Bachao Andolan (by Kailash Satyarthi) in 1980 to free children from labour like conditions. Suggestions by UNICEF’s “State of Children’s report 2016": 1. Poor countries need faster growth -> bridge gap b/w poor/rich to reach 2030 SDG Goal; Access to edu; end child marriage. 2. Quality care during pregnancy, labour, birth as well as post-natal. 3. Expanding coverage and bridging equity gaps, for healthcare services and health insurance. 4. Girls from the poorest rural households face twice the risk of being married before turning 18 as girls from the richest households or those living in urban areas. Constitutional safeguards and other policies: 1. Article 14 - Equality before the law 2. Article 15(3) - Special provision for welfare of women and children

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3. Article 21A - Right to Education (Unni Krishanan case) as fundamental right for 6-14 years. 4. Article 23 - Prohibition of traffic in human beings and forced labour. 5. Article 24 - Right against exploitation and prohibition in employment of children below 14 years of age in factories and any hazardous occupation. 6. Article 39(e) - responsibility of state that children of tender age are not abused. 7. Article 45 - State to provide early childhood care and education upto 6 years of age. 8. Article 47 - Provisions regarding raising the level of nutrition and standard of living. 9. National Commission for Protection of Child Rights - NCPCR (statutory body - 2005) : ensure that all policies are in consonance of child rights as enshrined in constitution and UN Convention of Rights of Children 1989(UNCRC). 10. National Policy for Children, 1974 - comprehensive health program, supplementary nutrition for mother and child, free and compulsory education for children upto age of 4, promotion of physical education and recreation. 11. National Charter for Children, 2004 12. ICDS Scheme, 1975 1. dedicated to improving maternal (pregnant and lactating) and child (upto 6 yrs) health and nutrition status comprising 6 stages (i) Supplementary nutrition (ii) Immunization, (iii) Health check-ups, (iv) Nutrition and Health education, (v) Referrals, (vi) Pre-school, non formal education, at anganwadi. 2. to reduce the incidents of mortality, morbidity, malnutrition and school dropouts. 3. through the help of community workers and helpers. 4. The problem clearly does not lie in the intent; it lies in the inability of governments at the national and state levels to adopt a systemic approach to tackling this issue. 13. ICPS 1. aims to build a protective environ for children in difficult circumstances. 14. Kishori Shakti Yojana 15. Rajiv Gandhi National Creche Scheme for the Children of Working Mothers 16. Ujjwala and Integrated Child protection Scheme (ICPS) 2009, to address security needs of vulnerable women and children. 1. ICPS being implemented by states 2. Childline 1098 17. Nutritional Programme for Adolescent Girls (NPAG) 18. Beti Bachao Beti Padhao; Sukanya Samridhi Yojana (account in girls name), launched in 2015. 19. Prohibition of Child Marriage Act, 2006 20. Dhanalakshmi was introduced to address the issue of declining Child Sex Ratio (CSR). It provides cash transfer to the family of girl child on fulfillment of certain conditions like birth registration, immunization, enrolment in school and at time of marriage after attaining age of 18 years. 21. Child labour (Prohibition and protection) Act 1986. 22. The Immoral Traffic (prevention) Act, 1956 23. Juvenile Justice( Care and Protection of Children) Act, 2000 UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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24. Protection of Children from Sexual Offences (POCSO) Act, 2012 25. United Nations Conventions on the Rights of the Children (UNCRC) 1989. (India ratified it in 1992) - all children are born with fundamental rights. Crime (rape) against children below 10 years: Does it need a separate law ? 1. Currently, covered under, The Protection of Children from Sexual Offenses Act (POCSO) 2012 : It provides for 1. 7 years of imprisonment which may extend for life and fine. 2. It also provides for criminalising pornography involving children, fast trial process for rape cases etc. SC recently asked Parl to enact a separate law to provide harsher punishment to criminals raping children below 10 yrs. This is a genuine concern but this may not be sufficient to ensure safety of minor, because: 1. Recently the Law commission in its report stated that it is not severity of punishment that serves the purpose of deterrence but it is certainty of punishment that does so. Most people committing crimes believe they can get away with it. 2. A harsher law also means more potential for its abuse. There have been cases where many women used rape as weapon to blackmail males. In favour of strict provisions: 1. In 2015 Madras HC suggested the centre for considering castrating child sexual abusers. 2. It is known that about 9 of 10 rapes and sexual assaults are carried out by people known to the victim. Suggestions: 1. Focus should be on better implementation of existing laws, better prosecuting mechanisms, training of law enforcing agencies 2. Community participation : ex, Singapore where Neighbourhood Watch Scheme is implemented which encourages mutual care and help among neighbours, through residents keeping an eye out for each other’s premises. 3. School security Committees should be setup.

National Action Plan for Children, 2016 (NAPC) 4 Key priority areas: 1. Survival 2. Health and Nutrition 3. Education and Development 4. Protection and Participation Other features: 1. Plan defines objectives and indicators for measuring progress 2. It focuses on new and emerging concerns like online child abuse, children affected by disasters and climate change etc 3. Plan also attempts to achieve convergence with SDG goals.

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WOMEN Women constitute 50% of total population. Worst secure country for women among G20 and 4th in the world. Every 3 minutes a crime takes place against a women - NCRB Chhavi Rajawat - an MBA - Women Sarpanch (Soda Village, Rajasthan) Women allowed Perm Comm in Army, Navy, Air Force. India’s MMR of 167 (167 maternal deaths per 100,000 births) failed to meet its MDG target of bringing down to under 140 by 2015. GER of women in elementary education has improved drastically from 66% in 1991 to 97% in 2014 Women account for 51% of all PG in India today. Per IMF estimate shrinking the gender gap in employment can expand India’s GDP by 27%. Gender Pay Gap (India) - 27%\ WEF Global Gender Gap Report 2016 - India ranked 87/144 1. 4 parameters: health (142), education (113), economic participation (136) and political participation (9) WEF ”Global Gender Gap” report 2015 1. ranked India 139/145 countries, on economic participation and opportunity gap. 2. India overall Female Labour Force Participation (FLFP) rate dropped from 35% (1991) to 27% (2014). (World avg - 50%) Only 14% women at executive level. Sex ratio: 1. Between 2001 and 2011, the child (0-6 years) sex ratio in India dropped from 927 females to 914. 2. half the population(women) suffers from social bias. Gender inequalities among men and women is treated as natural , however they are social rather than natural. For example, there is no biological reason why women are so less in power, why they receive smaller share in family property. Women are not biologically unfit, as we had matrilineal societies like Nairs of Kerala and Khasi in Meghalaya. Causes of crimes against women: 1. Patriarchy - male chauvinism 2. Activists blame blind following of western culture which goes against society’s deep rooted social accepted norms. 3. Burgeoning urbanisation - poor lightening in subways, underpasses, streets; eve teasers; unsafe public transport. 4. Economic dependence of women on men. 5. Social practices which hinder their participation and restrict them to household work. 6. Lower literacy rate and less awareness of their rights. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Reforms expected to remove discrimination: 1. Amending the IPC on adultery (Section 497) - Currently it can be only used by the husband against the person who has sexual relations with his wife. 2. Removing the gender discrimination inherent in laws that stipulate a lower legal age of marriage for a girl. 3. Ban on triple talaq and polygamy. 4. Separate legislation to deal with honour killings

Gender Disparity and representation 1. 12% of parliamentary seats (66 women) are held by women. (India ranks 144 among 191 countries, in terms of the proportion of women in Parliament) 2. 3 women VC out of 600 odd universities in India. 3. Gender Inequality Index 2015 (UN) India ranks 127 among 142 countries even behind Nepal, Bangladesh, Sri Lanka and Pakistan. It uses 3 types of indicators. 1. Health: Maternal Mortality and Adolescence Fertility Rate. 2. Empowerment: Secondary education and representation in Parliament. 3. Labour Conditions: Proportion of female population employed. Reasons for Low Workforce Participation: 1. Patriarchal mindset; denial of access to education; 2. Allowed only specific kind of PINK collar jobs (education, Nurse) 3. Lack of women in leadership as role models. 4. Safety issues: lack of safe transportation compels them to take a job near home which maybe not upto their desire. 5. Lack of child care facilities at workplace held them back. 6. Dual pressure of work and family. In some households women are not allowed to work past 6 o’clock. 7. Gender bias - due to old age convention entrenched in our patriarchal society that women are less efficient/capable. 8. Inadequate skills : Acc to OECD report very few women enter into STEM (Sci, Tech, Engg, Mgmt) which is the largest provider of white collar jobs. 9. Discrimination at workplace : They are often deprived of promotions and growth opportunities at work places so women does not put efforts towards higher jobs in fear of glass ceiling. 10. Bias in preference during recruitment. Extra economic burden due to maternity leaves. 11. Extra care reqd during night shits. Extra infra reqd - crèche facility/ transport/ security staff. Suggestions: 1. Change in Mindset/Attitude towards women by role models like Saina Nehwal, Indira Noi 2. Education, skill training for girls 3. Financial empowerment (SHG), entrepreneurship (startup/standup India)

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Way ahead: 1. Many social evils and practices against women have been curbed by law. 2. SHG have helped them in economic empowerment 3. 73rd, 74th CAA provide for 1/3 reservation for women in local bodies. Also higher political participation by women seems to result in better public good choices 4. National Literacy Mission with special focus on women (non-literate between 15-35). 5. Domestic Violence Act 2005 6. Prohibition of Sexual harassment of women at Workplace Act 2013 7. Prompt delivery of justice and strict enforcement of laws 8. Gender sensitisation. 9. Diversity targets be set; Flex work arrangements help women juggle various responsibilities. Actions taken: 1. With the implementation of affirmative action through the reservation of 33% of the PRI seats for women, there is a sharp rise in women’s representation. In fact, today women constitute more than 40% of the elected representatives in Panchayats. In some States, the representation of women in Panchayats is more than 50%. 2. United Nations has declared the theme of International Women’s Day of 2016 as – “Planet 5050 by 2030: Step it up for Gender Equality International provisions: 1. Convention on Elimination of all forms of Discrimination Against Women (CEDAW) 1979 by UNGA (International bill of rights for women). India ratified in 1993. 2. The Mexico Plan of Action (1975), the Nairobi Forward Looking Strategies (1985), Beijing declaration and Platform for Action 1995 (gender equality and the empowerment of all women) 3. UN Convention on the Rights of the Child (UNCRC) 1989. Constitutional provisions: 1. Article 15(3) - state to make special provisions for women and children. 2. Article 23 - Right against exploitation, immoral activities like women trafficking. 3. Article 39(d) - Equal pay for equal work to women 4. Article 40 - Reservation for women in Panchayat 5. Article 42 - free pregnancy care and delivery 6. Article 44 - Uniform Civil Code (to improve the condition of women across all religions), Sarla Mudgal vs. UOI case. 7. National Policy for Empowerment of Women (NPEW), 2001 1. Objective: Enjoyment of all human rights and fundamental freedom by women on equal basis with men in all spheres - political, economic, social, cultural and civil. 8. NCW 1992 (statutory) 9. Rashtriya Mahila Kosh 1993 (to provide micro credit to poor, assetless women for income generating activities) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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10. Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) - SABLA 2011 (nutrition, health, home based skills, mainstream out of school girls into formal/non -formal education, guidance about PHC, CHC, Post office, Bank) 11. Kishori Shakti Yojana (for girl child) 12. Indira Gandhi Matritva Sahyog Yojana (IGMSY) 2010 1. a Conditional Maternity Benefit Scheme (CMBS) to compensate for any loss of income to women. 2. cash to a pregnant woman before and after delivery to ensure adequate rest from work and nutrition and breastfeed her child. 13. Support to Training and Employment Programme for Women (STEP) in traditional sectors like agri, dairy, handicrafts etc. 14. Working women hostels 15. Gender Budgeting 16. Hindu Succession (Amendment 2005) Act, 1956 (women right to ancestral property) 17. Swadhar Greh and Short stay homes - meet needs in difficult circumstances 18. Rajiv Gandhi National Creche Scheme For the Children of Working Mothers Others: 1. Immoral Traffic (Prevention) Act 1956 2. Dowry Prohibition Act 1961 3. Indecent Representation of Women (Prohibition) Act, 1987 4. Prevention of Domestic Violence Act 2005 5. The Sexual Harassment of women (Prevention, Prohibition & Redressal) at Workplace Act 2013 (Vishakha judgement 1997) However despite these provisions the situational reality of status of women has been alarming. This has been analyzed extensively in the Reports, “Towards Equality”, 1974 ; National Perspective Plan for Women, 1988-2000; the Shramshakti Report, 1988.

Medical Termination of Pregnancy Act (MTPA) 1971 1. doesn’t allow abortion after 20 weeks, however allowed in certain medical circumstances if risks life of women or chances of child being born seriously handicapped. Question on Law and Morality (ethical): 1. “where does life begin ?”

Safety at workplace: Vishakha guidelines (1997) to be implemented for any workplace with 10 employees. The sexual Harassment of Women at Workplace (Prevention, Prohibition, and redressal) Act, 2013 Cause: 1. Male ego problems, sexual perversions, sexual obsession, widow-hood, bullying 2. Women don’t report as they see it as a normal part of the workplace. 3. Some fear they might lose their jobs, if they report it

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Way ahead 1. Office of Ombudsman - mechanism to address violence

Dowry: Dowry death is happening every 77 minutes. 1. Dowry Prohibition Act 1961, prohibits the request, payment or acceptance of a dowry. 2. Section 304 B - related to dowry deaths (of a women within 7 years of her marriage) 3. Section 406 - related to recovery of “Streedhan” (women’s property in her marital home like jewellery, gifts, dowry articles) 4. Section 498 A - for an act of cruelty, imprisonment of husband and his family member Causes: 1. Growing consumerism - people see it as a avenue to fulfill their unfulfilled dreams 2. Paying dowry to daughter is seen as an investment to fetch high dowry through their son’s marriage. 3. Pomp and show, some feel pride and girls too think it as their right. 4. Feeling among mother-in-law that she herself brought dowry, so should her daughter in law. Way forward: 1. Concept of ‘Adarsh marriage’ Misuse of Laws (like Sec 498-A) 1. Casual manner in which Police exercises right to arrest - power of arrest is a tool to prevent any further harm to victim. 2. Law Comm - This must be used sparingly as it does irreversible harm to reputation. 3. Matrimonial disputes are diff from criminal cases, these need conciliation b/w parties.

Domestic Violence or Intimate Partner Violence (IPV): 1. 70% of women in India are victim of domestic violence. 2. Protection of Women from Domestic Violence Act 2005 (PWDWA) - It is a civil law meant primarily for protection orders and not meant to penalize criminally. 3. UDHR 1948. Forms: 1. Physical injury 2. Emotional abuse 3. Sexual assault Impact: 1. Emotional distress, leading to suicides 2. Serious health problems 3. Social and economic costs 4. Human rights violation Causes: 1. Dowry demands 2. Patriarchal household structure (limited economic opportunity, gender disparity) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Misuse of Domestic Violence Act 2015 and Anti-dowry Act Women trafficking International conventions and constitutional provisions: 1. United Nations Convention on Transnational Organized Crime (UNCTOC) 2. The Immoral Trafficking Prevention Act (ITPA) Causes: 1. Poverty, illiteracy, lack of livelihood options, 2. Natural/manmade disasters and lack of social and family support, migration. 3. Cross-border trafficking from Bangladesh and Nepal to various cities in India Way ahead: 1. Ujjawala reintegration of victims back into society. 2. Swadhar Greh Scheme 3. In order to avoid 2nd generation prostitution, the children of sex workers should be mainstreamed.

Paid Domestic Workers Gender Budgeting in India: BGE: Budgeting for Gender Equity (envisioned by Ashok Lahiri Committee) 1. Starting 2006, GBS (Gender Budgeting Statement) was introduced in Union Budget, to reflect the quantum of budgetary allocation for schemes which substantially benefit women. 2. GBS is a purely quantitative format. Currently, 33 demands for grants out of total 106 disaggregate their allocations by sex and report in GBS. Challenges: 1. Schemes like IAY count women as 100% beneficiary, however they are not alone benefited (as many houses are jointky allotted to men and women. 2. Some schemes don’t have clearly laid out methodology. Example, National council for promotion of Urdu language says it spent 33% of it budget on women. 3. Gender sensitisation programmes which are meant for male police officers are also shown in GBS. Way forward: 1. Objective based disaggregation is a better way for gender responsive planning and budgeting. 2. Identifying the pressing gender gaps in a particular sector, steps to be taken by ministry to address them and then identifying budgetary resources. 3. Organising meeting with civil societies/NGOs for exchanging ideas and getting feedback on efficacy of these gender policies.

Women Empowerment 1. Swami Vivekananda,” It is not possible for a bird to fly on only one wing” 2. Rural women account for about 10 crore of the 13 crore women in the workforce, that too out of a total workforce of about 45 crore. Despite the above fact, the widening of job choices doesn’t extend to rural sisters. Unequal education to women in technical/ITI leaves them with limited choices.

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Types of women empowerment: 1. Political empowerment: With help of right policies, empowering women politically will help in bringing their issues at forefront. Suggestion: empowering at local level, reservation in LS/RS. 2. Social Empowerment: Deals with gender equality. 3. Educational Empowerment: Deals with educating women to let them be independent and building confidence in them. 4. Economical and Occupational Empowerment: It means making them less dependent economically and creating an atmosphere of employment for them. 5. Legal Empowerment. 6. Political Empowerment: Deals with empowering women with a considerable say in political matters

Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Draft National Policy for Women, 2016 1. several things have changed since last policy in 2001, esp women’s attitude towards themselves and their expectations from life. 2. New draft Policy shifts the focus from entitlements to rights and from empowerment to creating an enabling environment. Priority Areas: 1. Health including food security and nutrition 2. Education 3. Economy 4. Governance and Decision Making 5. Violence Against Women 6. Enabling Environment 7. Environment and Climate Change The policy also describes emerging issues such as making cyber spaces safe place for women, redistribution of gender roles, for reducing unpaid care work, review of personal and customary laws in accordance with the Constitutional provisions, Review of criminalization of marital rape within the framework women’s human rights etc. relevant in the developmental paradigms. Initiatives by govt: 1. Bihar government introduced 35% reservations for women in the state government jobs. Already 50% reservation exists for women in Panchayats and primary school teachers. Way fwd: 1. Government should ensure work environments are women friendly and free of patriarchal attitudes with stronger Sexual Harassment laws at Work place. 2. Resolve the gender gap in literacy levels of women. 3. Supplement such policies with maternity leave benefits and crèche facilities. Old women: 1. Acc to UNDP study, 65% of widows are over 60 years old. Only 28% are eligible for pension. 2. Multiple barriers : illiteracy, abuse, ill-health, exclusion from economic benefits, limited access to jobs, denial of right to own and inherit property, lack of social security. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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HR, SKILL, YOUTH, EMPLOYMENT, SPORTS Data and Facts: Unorganised sector - 50% contribution to country GDP (scope for huge tax base expansion) Informal employment in Organised sector i.e contractual - ~58% of total organised workforce (8%). Organized workforce - 8%; Unorganized - 92% Skilled workforce - 2% (96% Korea ; 80% Japan; 70% Britain) Potential for demographic dividend - 65% of Indians are under age of 35 ; >50% under age of 25 By 2025, almost 1 in 5 of the world’s working age population (18.3%) will be Indian. For promotion of sports: 1. Rajiv Gandhi Khel Abhiyan (RGKA) Scheme, 2. Urban Sports Infrastructure Scheme (USIS) and 3. National Sports Talent Search Scheme (NSTSS)

Demographic dividend 1. refers to the largest segment of population in productive working age group with low dependency ratio. 2. It is achieved due to fall in fertility levels and reduction in IMR/CMR, improved average life expectancy. 3. India has 35 crore population between 10-24 years. Every 3rd Indian is a youth. 4. By 2020 India will be world’s youngest country with 64% working age and 36% dependence ratio. Challenges: 1. What follows the demographic dividend is a period when dependency ratio begins to increase. (25% population 60+ by 2050) 2. More than 50% women are anaemic. 3. India has highest number of child labourers and world’s largest sexually abused children - 53% of global. 4. Gross under utilization of workforce as 50% people are employed in agriculture sector with 16% contribution in GDP. Concerns: 1. In 2015, India added the fewest organised-sector jobs in last 7 years 2. Agri which accounts for 47% of emp is growing at 1% p.a. 3. Technological change is making labour partially or wholly redundant. Lack of skills. Way forward: 1. Productive jobs are needed for economic growth, proper utilization of human resource and overall prosperity. India needs 10 million jobs/year to absorb young workforce. 2. Improve quality of education and skill development (slowdown in China is an opportunity to become factory of the world). 3. Creating more opportunities by encouraging start ups, entrepreneurs by providing a facilitative environment.

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4. Improving HDI. Unfulfilled aspirations of the youth can quickly turn to frustration, leading to violent outbursts.

Youth Unemployment: Causes: 1. Quality and relevance of education wrt industry. 2. Inflexible labour market and regulations. (preference to contract labourers) 3. Lack of appropriate skills. (Skill mismatch due to technological changes - structural unemployment) 4. Rising population, limited jobs, preference to experienced over freshers. 5. Poor communication, analytical skills and domain knowledge. 6. Lack of under development of manufacturing sector and lack of credit availability to MSME (large employer) Consequences: 1. Psychological/mental impact: Lost generation, disturbs mind, increased suicidal tendencies, low self prestige. 2. Social impact: increase in anti-social behaviour: theft, robbery, crime, drug abuse. 3. Economic impact: slows down economic growth, breeds poverty 4. Health impact: depression, malnutrition 5. Political impact: rise of political instability/ policy paralysis Way out: 1. Radical change in school education, curriculum, testing methodology. 2. Industry needs based education, promotion of vocational education. 3. Improved labour and market policies. 4. Use of ICE (information, communication, education) methods to provide career guidance and job opportunities.

Informal/Unorganised sector: 1. All unincorporated private enterprises engaged in sale & production of goods & services with less than 10 total workers 2. Informal worker/employment: Contractual employees without permanent job & social security net provided by employer. Causes of rise in informal employment in Organised sector: 1. Strict labour laws restricting formal entry into sector. 2. Employers hire more contract labours to save on taxes, PF and other benefits which are given to formal employees. 3. Adjusting quantity of labour as per fluctuating demand. Consequences: 1. Productivity differences between formal and informal employees due low worker loyalty and poor incentives. 2. Low skills as no formal training provided to contract labour results in poor employability. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Informal employees paid less, devoid of other basic human rights like limited hours of work, safe working conditions 4. Limited job security and limited access to social security nets remain vulnerable to shocks due to illness and loss of work.

Skill Banks to Make India “Human Resource Capital” in world 1.

launched by govt in UP/Bihar (training centres) to train workers in heathcare, hospitality, construction, automobile for global markets. Also familiarize them with respective local culture, work ethics, language of country.

2. Transnational Skill Standards Certification - which are acceptable in other countries eg Europe

Skill India Mission 1. Target - 40 crore skilled workers by 2022 2. The National Skill Development Agency (NSDA), the National Skill Development Corporation (NSDC) and the Directorate of Training will function under the overall guidance of the Mission. 3. Pradhan Mantri Yuva Yojana (PMYY) : entrepreneurship training through incubators, ITIs, Entrepreneurship Dev Centres, MOOCs

Skill development 1. NASSCOM-Mckinsey report (2005): 25% of technical graduates and 10-15% of general college graduates are employable in IT/BPO. 2. NSSO survey : Only 2% of existing workforce in India is formally skilled. Ministry of Skill Development and Entrepreneurship(MSDE) 1. aided by functional arms - National Skill Development Agency (NSDA), National Skill Development Corporation (NSDC), National Skill Development Fund (NSDF), 33 sector skills councils (SSC), 187 training partners registered with NSDC. Challenges: 1. Quantity: Sheer magnitude of people to be skilled 2. Quality: Lack of proper infrastructure, and widespread corruption and mushrooming of skill institutes to make easy money. 3. Lack of proper Model: several ministries are running skill courses (MHRD, MoLE, MSDE) & lack a cohesive approach. 4. According to World Bank Enterprise Surveys 2014, % of companies offering formal training programmes to permanent employees is 36% in India compared to 80% in China. Recent initiatives: 1. National Skill Development Mission 1. Speed, Scale, Standards and Sustainability are the 4 core principles of the NSDM. 2. Apprenticeship Protsahan Yojana : 50% of stipend for first 2 years of training by GoI. 3. Skill Loan Scheme 4. National Policy for Skill Development and Entrepreneurship, 2015 1. skilling on large scale at speed with high standards,

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2. to promote culture of innovation based entrepreneurship 3. It focuses on - inhibiting factors like infra & trainers, skill gaps, equity gaps, fostering entrepreneurship. 5. Pradhan Mantri Kaushal Vikas Yojana (PMKVY) 1. is a skill certification and reward scheme to impart skills and become employable. 6. Deen Dayal Upadhyaya - Grameen Kaushal Yojana 7. Recognition of Prior Learning of construction workers 8. STAR (Standard Training Assessment & Reward) initiative 9. Skill Development Service: 1. Govt has introduced a dedicated skill dev cadre under MSDE. Way forward: 1. Industry-Academia collaboration for designing courses, curriculum, trainers from industry, assessment procedures. 2. Online learning modules like MOOC (Massive Open Online Course) to expand coverage. 3. Skills on wheels type initiatives to address infra & transport constraints, example, skills trucks in Brazil covering remote parts. 4. Vertical mobility: from certificate to diploma to degree and employment. 5. Recognition of prior learning like ancestral skills Other skill initiatives 1. DDU-GKY is a placement-linked skill development scheme for poor rural youth 2. For bringing minorities into mainstream development, Nai Manzil, a program for education and skill development of dropouts 3. USTTAD (Upgrading Skills and Training in Traditional Arts/Crafts for Development) to conserve traditional arts/crafts and building capacity of traditional artisans and craftsmen belonging to minority communities. 4. Nai Roshni, a leadership training programme for women which focusses on equipping women with knowledge, tools and techniques to interact with government systems, banks and intermediaries. 5. MANAS for upgrading entrepreneurial skills of minority youths

National Apprenticeship Promotion Scheme (NAPS) 1. by MSDE, to provide apprenticeship training to 50 lakh youth by 2020. Govt will borne 50% cost to employer. 2. Japan - 85% skilled ; India - 2% (10%) Skill development for minorities: Nai Manzil, USTTAD, MANAS

Shramev Jayate ensuring dignity of labour through minimum pension of Rs 1000 under EPS and universal account number for portability UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Migrants Unorganized Workers Social Security Act 2008 To check the trend of inter-state migration the Government has enacted MGNREGA Act, 2005 Massive Open Online Courses (MOOCs) - SWAYAM (Study Webs of Active-Learning for Young Aspiring Minds) to provide best quality e-learning resources to students across country

SPORTS NSDF/ TOP: 1. to cater to the individualized needs of the identified sportspersons financial assistance from National Sports Development Fund (NSDF) under the Scheme ‘Target Olympic Podium’ (TOP) is being provided.

Khelo India Scheme 1. Rajiv Gandhi Khel Abhiyan Scheme (RGKA) and Urban Sports Infrastructure Scheme (USIS) have been merged along with National Sports Talent Search Scheme (NSTSS) into a new umbrella CSS - “Khelo India” to be implemented during 2016-17. 2. The Khelo India Scheme has 3 major components - annual competitions, sports infrastructure and talent search. Recent issues: 1. Lodha committee for cricket administration reforms 2. Selection of Wrestling players for Olympics. Benefits of sports: 1. twin objectives of personality building and nation building, 2. Netaji Subas National Institute of Sports as academic wing of SAI, asia’s largest sports institute in Patiala. Challenges: 1. Lack of proper training And coaches. 2. Poor infra due to financial crunch 3. Selection procedure : Lack of transparency; Widespread corruption and nepotism in sports bodies. 4. Recent cases of betting, fixing & misappropriation of money indicate collusion b/w players, governing bodies, politicians 5. Absence of Sports culture, as it is considered as a secondary and supplementary activity. Way forward: 1. Corporate sector should be encouraged to take control of mgmt and training of players. 2. Providing jobs to meritorious sportsmen as sports career is usually short. 3. Sports infra (recently proposed National Sports University, Manipur) 4. Early talent hunt right from school level 5. Prevention of Sporting Fraud Bill, 2013 to check malpractices related to sports.

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Drug abuse 1. Widely consumed psychotropic drugs (alter consciousness) like alcohol, nicotine, caffeine. 2. Some drugs cause habituation and addiction. 3. Drug abuse where people take drugs purely to change their moods. Causes: 1. Easy availability from neighbouring countries including Afghanistan (through Pakistan) and Myanmar. 2. Reduced parental supervision - both parents working 3. Distressing social conditions like poverty, unemployment. 4. Overcome negative feelings like stress, anxiety, physical discomfort. 5. Present culture teenagers consider it cool to use drugs. 6. Cannabis products like charas, bhang or ganja is used widely because of some amount of religious sanctity of its association with some Hindu deities. 7. Disintegration of old joint family system, absence of parental love and decline of old religious and moral values Issues: 1. Increased crime rate - eve teasing, group clashes, assault, impulsive murders. 2. Affects financial stability and untold emotional pain to family members. 3. High proportion of teens use drugs in WB, AP, UP, HR. 4. Increased incidences of HIV, Hepatitis - B, TB. 5. Domestic violence 6. Corruption, illegal money transfers, terrorism, violence. Way out: 1. Introduction of death penalty for drug related offence is a major deterrent - Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Comprehensive strategy involving NGOs by measures like counselling , education. 3. India is signatory to U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988; Transnational Crime Convention, 2000. 4. Government of India is one of the foundation members of World Anti Doping Agency (WADA) (1999-2002). 5. India has setup National Anti-Doping Agency (NADA) to educate sports-persons throughout India against doping and it has developed a ‘Program for Education and Awareness on Anti Doping in Sports’, (PEADS).

BCCI reforms: Cricket in recent years have been shrouded with controversies related to betting/fixing, maladministration of BCCI/state associations, politicization, corruption. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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1. Very low representation of players in mgmt who have been treated as mere employees despite their immense contri to game. 2. Due to over politicisation of BCCI and other state boards, corruption has breeded in. ex: DDCA scam (allegations against Arun Jaitley). Political leaders heading these institutions unable to give due time to sports due to their other busy schedule. 3. There have been people in the state boards who are representing them for past 30-40 years which smells of a nexus. 4. Problems associated with BCCI - conflict of interest, corruption, lack of transparency. Justice R.M. Lodha Committee 2016 report- on functioning of BCCI (Report on Cricket Reforms): Aim: to ensure that transparency and accountability is the rule rather than exception. Prima facie looks like judicial activism, but considering sad state of affairs and in light of various PIL, SC order is need of hour. 1. BCCI to have a CEO accountable to 9-member apex council, of which 5 should be elected; 2 should be representatives of players’ association, and 1 woman. 2. Legalising betting. Players, match officials and cricket administrators should not be allowed to bet. Match-andspot-fixing should be made a criminal offence. (ex: IPL 2013 spot fixing) 3. Office bearer: age limit should be < 70 years; max 3 term for 3 years each; cooling off period in between. 4. Governance: Governance of BCCI should be separated from its mgmt of affairs with a bar on ministers and govt servants. 5. Management: of BCCI affairs be done by professionals led by CEO. BCCI and IPL to have separate governing bodies 6. Membership in BCCI board: 1 vote 1 state 1 member from one association giving representation to state and no city units. 7. State Associations: Uniformity of structure in org and functioning of state associations on lines of Board. 8. Players association to ensure cricketers have a say in board’s functioning. 9. BCCI to be bought under the purview of RTI; constitution of an ombudsman, ethics officer, andelectoral office. Past Issues: 1. IPL scandal in 2013. BCCI too suffers serious credibility deficit. 2. SC suggested rotation of voting rights to BCCI objections against 1 state 1 vote criteria (eg Guj/ MH has more cricket assn). Challenges: 1. Reco on legalising the betting is progressive one, however its implementation will hinge upon suitable local legislations. Way fwd: 1. The suggestions are innovative and if implemented in true spirit will restore the credibility of the sport. 2. SC should also seek the BCCI’s view in this regard and try to build a consensus for better implementation of these reco’s.

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SENIOR CITIZENS Statistics 1. Currently India has above 10.38 crore senior citizens (60+) and it will be 14.3 crore by 2021. 2. Currently India has 7% of 60+ population.By 2050 it will be ~20% of its population. 3. 70% depend on others for financial requirements and their day to day maintenance. Dr V Mohini Giri (social worker) report on National Policy on Senior Citizen 2011: 1. Setting up of a department of senior citizens. 2. Employment in income generating activities after superannuation will be encouraged. 3. States will be responsible for setting up homes with assisted living facilities for abandoned senior citizens in every district. 4. Old-age pension scheme be increased to Rs 1000 per person and revised at intervals to prevent its deflation. 5. Covering the oldest under the National Old Age Assistance which would provide additional grants in case of disability and loss of adult children.

National Centre for Ageing 1. Govt has decided to open to centres in India. 2. Highly specialized centers of excellence for geriatric care (ageing life care). Geriatric care is the process of planning and coordinating care if elderly to meet long term needs, improve quality of life and maintain independence as long as possible. 3. The Centres will be set up under the National Programme for Health Care of the Elderly.

Vayoshreshtha Samman 1. by President to eminent senior citizens and institutions in recognition of their service towards cause of elderly persons, especially indigent senior citizens. Elderly population is to be recognized as an asset of the nation and should utilize the skills, experience, knowledge and wisdom of the older generations for the betterment of the society.

Constitutional Provisions and Acts: 1. Article 41 - Right to education, to work and to seek public assistance in cases like disability, old age, sickness, unemployment. 2. National Social Assistance Programme (NSAP) -1995 1. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) for BPL (MoRD). Rs 200 for 60+, Rs 500 for 80+ 2. Indira Gandhi National Widow Pension Scheme (IGNWPS) for BPL 3. Indira Gandhi National Disability Pension Scheme (IGNDPS) for BPL 4. National Family Benefit Scheme (NFBS) in case of death of breadwinner in family. 5. Annapurna Scheme, for old age people. 3. Integrated Programme for Older Person (IPOP) 1992 1. to provide support for capacity building by establishing Old age homes, Day Care centres, Mobile Medicare Units; UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 5. National Policy on Older Person - NPOP (Draft), 2011 6. National Programme for the Health Care for the Elderly (NPHCE) 2011 by MoHFW 7. Antyodaya Scheme 1. BPL families which also include older persons are provided food grains at the rate of 35 kgs. per family per month. 2. The food grains are issued @ Rs.3/- per kg. rice and Rs.2/- per kg. wheat. 8. Other provisions 1. Income tax rebate upto 2.5 lakhs 2. higher interest rates for senior citizens on savings schemes. 3. Vayoshreshtha Samman: National Awards for Senior Citizens to recognise the efforts of individual and institutions in the field of welfare of senior citizens Present Challenges: 1. Many younger generations seem inclined to keep elderly mothers to take care of grandchildren at home or to do household chores, yet are less inclined to keep fathers. 2. Elder abuse : emotional and mental 3. Economic dependency 4. Failing health 5. Emotional dependence (isolation) and Neglect (changing lifestyles) 6. Fear and Loss of control over physical strength, finances, social status Way ahead: 1. Promoting awareness about concept of healthy ageing and health problems and to involve community in mitigation. 2. Need to an attitudinal shift, sensitise community leaders, to mitigate the neglect and abuse and violence faced by elderly in India. 3. Need for tangible social infra and state need to see them as senior citizens who are in need of care rather than destitute. 4. Can be engaged in economically productive manner, esp via NGOs

DISABLED PERSONS 2011 census - 2.21% of Indian population is disabled. 27 million population is disabled (2011 census) PM Modi - changing the nomenclature of disabled from “viklang” to “divyang” to change mindset. Critique : Mere change of term will not bring any change for the disabled person. Kerala has become 1st state to conduct its own disability census in 2014-15. Need to Widen scope of disabilities from 7 to 19. Culture of Violence (pervasive): Discrimination in itself is a kind of violence. Disability by birth is seen as result of grave sin committed in past life. This leads to legitimisation of discrimination across culture.

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Persons with Disability Act, 1995 defines Disability under 7 categories: blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation and mental illness.

Persons with Disability 1. They are not disabled only because they are physically or mentally impaired but society is built in a manner that it cannot cater to their needs. 2. Causes: Malnutrition, frequent childbirths, lack of immunization, accident in crowded homes. Disability create and increases poverty by increasing isolation and economic strain. 3. Department of Disability Affairs has been created in May 2012 under the Ministry of Social Justice and Empowerment, to give greater emphasis on their policy issues and implementation. 4. The govt has moved from welfare based to rights based approach.

Constitutional Provisions and Acts International Conventions: 1. UN Convention on Rights of Persons with Disabilities (UNCRPD) makes education, employment, access to public buildings, and information systems available to persons with disability. India became signatory in 2007. 2. Biwako Millennium Framework 2002 (Asia & Pacific) for action towards an inclusive, barrier free and rights based society. Constitutional provisions: 1. Article 41 - Right to work, to education and to seek public assistance in certain cases like disability, old age, sickness etc. 2. The Persons with Disabilities (Equal Protection of Right and Full Participation) Act, 1995. This will be replaced by “The Rights of Persons with Disabilities Bill, 2014”. 3. Mental Health Act 1987 4. The Rehabilitation Council of India Act, 1992 5. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities Act 1999 6. National Handicapped Finance and Development Corporation (NHFDC) 7. Scheme for Assistance to disabled Persons for Purchase/Fitting of aids and appliances. 8. Artificial Limbs Manufacturing Corporation of India. 9. Job reservation for PW D in govt sector - 3% with 1% for blindness/low vision, hearing impairment, locomotor disability /cerebral palsy. 10. National Policy for Persons with Disabilities 2006 - to create an environment to provide them equal opportunity, rights, full participation in society. The Marrakesh VIP Treaty of WIPO (World Intellectual Property Organisation) 1. Marrakesh Convention codifies exemptions to copyrights to benefit blind and vision-impaired readers. 2. India became the 1st country to ratify Marrakesh treaty. ‘Accessible India Campaign’. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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MINORITIES, SC/STS, OBC AND OTHERS 1. SC/ST 2. Religious 3. Sexual 4. Denotified tribes 5. Racism/Caste-ism in metros Dalit - 16% of population (is an emerging pressure group) They own 9.8% of enterprises while population share is 16% MSJE - for SC and MoTA - for ST According to India Census 2011, there are lakhs of dry latrines in the country where human excreta is cleaned manually.

Bezada Wilson 1. Magsaysay award winner, renowned campaigner against manual scavenging, also national convener of Safai Karamchari Andolan. (abolition of manual scavenging and demolition of dry latrines. 2. Dalit Activist awarded for asserting, “inalienable right to life of human dignity”; brought down manual scavengers from 15 lakh to 2 lakh. SBA targets to end Manual Scavenging Rashtriya Garima Abhiyan – is a national level movement, which works for the total eradication of manual scavenging and the empowerment of Dalits and other vulnerable sections of society. Stigma associated makes it difficult for manual scavengers to get alternate employment. National Tribal Carnival - recently organised to promote a sense of inclusiveness among tribals. It will also showcase and promote various facets of tribal culture - tradition, customs and their skills. Toourits making objectionable video films and pictures of protected Jarava and other tribes of Andaman.

Caste System and Unaccountability (ex-Untouchables/dalits/downtrodden) 1. It legitimises and enforces practice of discrimination on basis of birth in a specific caste. Historically caste system was on basis of occupation and status. 2. Caste - class correlation is still visible but it has weakened overtime. 3. Untouchability is a vicious aspect of caste system which prescribes stringent sanctions against the people at bottom of caste pyramid and give legitimacy to the notion of ‘distance pollution’. 4. 3 dimensions of untouchability - Exclusion, Humiliation/Subordination, Exploitation. 5. It is a pan-India phenomenon and they are restricted from sharing drinking water sources, religious and social functions, forced to perform unpaid labour, confiscation of property. Dalit issues: 1. Una protest (Gujarat ) over flogging of dalits by Gau-rakshaks who were skinning dead cows.

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Tribal rights and issues: 1. Allegations that 60 % of the claims of tribals under the Forest Rights Act (FRA) have been rejected by the govt. 2. Forest land diversion for industrial purpose by displacing tribals. Further mining in tribal areas is exploitative as the benefits don’t reach the tribal people. 3. Bypassing of the consent of gram sabha clause to expedite development projects. 4. Alienation of tribals from forestland is one of the major reasons for fueling LWE. 5. Tribal education : Disconnect b/w tribal way of life - distinct dialects, culture, food habits and what is enforced at Ashram schools has led to loss of identity among tribal children, especially for students from Particularly Vulnerable Tribal Group (PVTG). Moreover the teachers hail from more integrated tribes and don’t have an understanding of their culture. 6. Tribal healthcare : issues of IMR, CMR, CSR, malnutrition, anaemia, malaria, fluorosis, sickle cell disease.

Xaxa Committee 2014 1. to assess socio-economic status of tribals. Major recommendations: 1. Gram Sabha power should be increased for land acquisition, and prevent all kinds of tribal land alienation. 2. Mining rights should be given to tribal cooperatives. eg: Andhra Pradesh tribal cooperatives. 3. Acquired but unused land should be returned back to tribals for their rehabilitation. 4. No to large dams and small size water harvesting structures should be promoted. 5. Appoint a Judicial commission on Naxal offences. There is no legal basis for terming anything as naxal offence, but it is being used as a tool for tribal oppression for protesting against developmental projects. 6. After mines are exhausted, return the land back to original owner. Issues highlighted: 1. Government notifies rural areas as urban areas to keep them out of PESA coverage. 2. The PPP (Public private partnership) model, is simply a backdoor method of tribal land alienation. 3. Government agencies acquire land for “public purpose” but later transfer it to private companies at throwaway prices. 4. Government has signed such MoUs with companies, Government officials became “dealers and negotiators” of tribal land. “Neutrality of the State” is forgotten. 5. Development projects lead to influx of outsiders to tribal areas, thus harm tribal interests by money landing activities and pollution. Way ahead: 1. Learn lessons from Niyamgiri hills (Orissa) bauxite mining case (Dongria Kondh tribes) in which SC ordered, endorsing the rights of tribals under FRA and PESA and designated the Gram Sabha to be the competent fora to decide them. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Constitutional safeguards and Acts (SC/STs): 1. Article 15(4) - Special provisions for socially & educationally backward class, SCs and STs. 2. Article 16(4) - Reservation in vacancies for backward class not duly represented. 3. Article 16(4A) - Reservation in promotions for SC/STs 4. Article 16(4B) - Reservation seats carry-forward policy for SC/STs even if overall reservation exceeds 50% 5. Article 17 - Prohibition of untouchability. 6. Article 40 - Reservation in Panchayats for SC/STs. 7. Article 46 - Promotion of education and economic interests of weaker sections, especially SC/STs. 8. Article 164 - MP, CJ, JH, OR to appoint a Minister of Tribal Welfare. 9. Article 330/332 - Reservation of seats for SC/STs in parliament and state legislatures. 10. Article 335 - Consideration of claims of SC/STs in services of Union and State. 11. Article 338/338A- National Comm for SC/STs; Art 339 - centre govt to direct states to execute plans for betterment of SC/STs. 12. Article 340 - President to appoint a Comm. to investigate conditions of socio-economic backward & table report in parliament. 13. Protection of Civil Rights Act (PCRA), 1955 (old name : Untouchability Act) 14. SC/STs (Prevention of Atrocities) Act, 1989 15. 5th schedule - Tribal areas in 10 states. Governors given special powers. 16. 6th schedule - TAC in AMTM Measures for SCs: 1. PESA 1996 (50% seats reserved for tribals) 2. FRA 2006 3. National Commission for Safai Karamacharis (statutory body) 4. Educational Development: 1. Pre-Matric scholarship 2. Rajiv Gandhi National Fellowship scheme and Top Class Education scheme for ST students (for IIT,IIMs) 3. National Overseas scheme 4. Free coaching for SCs 5. Babu Jagjivan Ram Chhatrawas Yojana 6. Dr. Ambedkar Foundation 5. Economic empowerment: 1. SCA to SCSP (Scheduled Caste Sub Plan) 2. National Scheduled Caste Finance and Development Corporation (NSCFDC) 3. Self-employment scheme for Rehabilitation for Manual Scavengers (SRMS) 4. National Safai Karamcharis Finance and Development Corporation (NSKFDC)

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5. Dalit Indian Chamber of Commerce and Industry (DICCI) was founded in 2005 on lines of FICCI (for SC/ST) 6. Green Business Scheme envisioned financial assistance to Dalits to combat climate change. 6. National SC/ST Hub, which provides support to entrepreneurs from SC/ST community. Dalit Capitalism: 1. Use of entrepreneurship by Dalit community for economic and social mobility. Issues: 1. Caste based discrimination still prevalent in free mkt. 2. Lack of access to existing and well connected business network.

Tribals: They are the people of the forest. They were exploited and impoverished due to accelerated resource extraction by British colonial govt. Post Independence govt monopoly over forests, policy of capital intensive industrialization displaced them due to greed for mineral resources and power generation in the name of economic growth and national development. They were subjected to internal colonialism, subjugated & alienated from the resources upon which they depended. They are defined as what they are not1. didn’t practice a religion with a written text 2. didn’t have any state or political form 3. didn’t have sharp class divisions 4. didn’t have caste and were neither Hindus or peasants. Constitutional Provisions: 1. Article 19(5) - impose restriction on freedom of movt. or residence in benefit of STs. 2. Article 164 - Special Minister of Tribal welfare for OR, JH, CJ. 3. Article 275 - Special grant in aids to states for tribal welfare (recommendations by FC) 4. Article 244(1) - 5th Schedule areas defined by President Order after consultation with Governor.Tribal Advisory Councils (TAC) advise state govt on matters related to welfare of STs as referred to it by Governor. Currently 10 states have scheduled areas. 5. Article 244(2) - 6th Schedule areas defined as ‘Tribal Areas’ in states of Assam, Meghalya, Tripura, Mizoram (AMTM). It provides for District/Regional Councils and have been conferred with wide ranging legislative, executive and judicial powers. 6. National Scheduled Tribes Finance and Development Corporation (NSTFDC) 7. Income generating Schemes: Adivasi Mahila Sashaktikaran Yojana (AMSY), Micro-credit scheme. 8. Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED) SC and STs Economic Empowerment 1. The government proposes to reserve 4% of its total purchases from SC/ST companies. However, the issue with this is that it can lead to formation of shell companies where SC/ST are just the front. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Pradhan Mantri Adarsh Gram Yojna: It provides the funding gaps for an integrated implementation of existing schemes in 1000 SC dominated villages (more than 50% SC) in 5 states. It was launched in 2010. 3. Tribal Sub-Plan (TSP): It forms a part of annual Plan of a State. The benefits given to the tribals and tribal areas of a State from the TSP are in addition to what percolates from the overall Plan of a State. The funds provided under the Tribal Sub Plan have to be at least in proportion to the ST population of each State.

Van Bandhu Kalyan Yojana 1. providing sustainable employment to tribal families. 2. bridging infra gaps 3. improving quality of education, health and quality of life in tribal areas. Recent Incidences: 1. murder of 2 dalit children in faridabad (HR) 2015 2. Killing of 2 dalits in Mirchpur (HR) 2010 3. Notorious Khap (clan) Panchayat rulings against marriages outside caste. Cause: 1. Their gradual improvement in material well being may infact have led to rise in atrocities. For, increased Dalit independence and assertion are not to the liking of the dominant castes. 2. At the root of the conflict is the unwillingness of the socially and economically powerful upper castes to share power and resources with Dalits. 3. Better situated among the beneficiaries enjoy a larger share. 4. Identified as a recipient alienates the members of beneficiary groups. Way forward: 1. Sensitising the Police to act promptly in cases of violation of basic human right to life with dignity. 2. Communicating egalitarian ideas wrt castes in the society.

Backward Classes (OBC): 1. Groups other than SC/STs who suffer from social disadvantages. Need not be caste alone and are described as ‘socially and educationally’ backward classes. They are defined negatively- they are neither part of forward caste nor dalits. 2. Situation of OBCs is closer to SC/STs in all spheres except landholding and political representation. Govt Schemes: 1. NCBC 1993 (after Mandal Judgement 1992) 2. Educational Development- Pre/Post Matric scholarship; Hostels. 3. National Backward Classes Finance and Development Corporation 4. 27% reservation in services

Religious Minorities: It is more than a mere numerical distinction and is linked to disadvantages due to experience of prejudice and discrimination.

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Religious minorities like Sikh, Jain maybe economically well-off, but they may still be disadvantaged in a cultural sense due to relative overwhelming majority of Hindus. They are politically vulnerable as the majority community may capture power and use the state machinery to suppress religious and cultural institutions. 6 (six) notified minority communities- Muslims, Christians, Sikhs, Buddhists, Parsis and Jains which make 19% of population. Constitutional Measure: 1. National Commission for Minorities- 1992 (statutory body) 2. National Commission for Religious and Linguistic Minorities 3. Article 350-B : Special Officer for Linguistic Minorities 4. The Central Wakf Council - A Wakf is a permanent dedication of movable or immovable properties for purposes recognised by the Muslim Law as religious, pious or charitable. Also functions for social and economic upliftment. 5. PM 15 point programme for welfare of Minorities. 6. Scholarship, free coaching. 7. National Minorities Development and Finance Corporation 8. Initiatives taken based on Sachar Committee recommendation. 1984 Sikh riots: 1. Brutalities faced by Sikhs in Delhi after Indira Gandhi’s assassination by a Sikh body guard. 2. Justice Nanavati Commission (2000-2005) - Jagdish Tytler and others were accused of instigating mobs to avenge assassination of Indira Gandhi by killing Sikhs 1992 Babri Masjid Demolition: 1. Disputed Ram Janam bhoomi in Ayodhya 2002 Godhra, Gujarat riots: 1. Sabarmati express returning with Karsevaks from Ayodhya was set afire (Hindus citing towards Muslims for the act). 2. In retaliation, riots broke out and thousands of Muslims were charred to death. 3. SC held in its judgement that govt of the day delayed in taking actions. 4. Nanavati-Mehta Commission: The commission called the incident as pre-planned but freed the CM Modi of any accusations. Concessional loans by National Minorities Development & Finance Corporation (NMDFC) for selfemployment,activities and initiatives of the National Waqf Development Corporation (NAWADCO). 8 years after the Sachar committee (2005) report on the socio-economic and educational status of Muslims and creation of a Ministry of Minority Affairs, a post-Sachar evaluation committee, headed by former JNU professor Amitabh Kundu (2013), has concluded that though a start has been made in addressing development deficits of the community, government interventions have not quite matched in scale the large numbers of the marginalised. 1. Poverty among muslims have remained higher than national average 2. Inadequacy of health care infrastructure in Muslim areas 3. Education Indicators equivalent to ST community UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Justice Ranganath Mishra Commission for identifying criteria for socially and economically backward classes among the religious and linguistic minorities, and to suggest various welfare measures for Minorities including Reservation.

Sexual Minorities: 1. Due to dominance of hetero-sexual relations as normal acceptable relations, individuals having same sex relations are ridiculed and ostracised. Such groups face social stigma and discrimination like gay, lesbian, transgender, bisexual. 2. Juggling identities biggest challenge for LGBT community. It takes a toll on mental and physical health. 3. The number of transgender : 4.5 Lakh per stats (could be 20 lakh). Constitutional Provisions: 1. Article 15(1): Prohibition of discrimination on grounds of rrcsp 2. The Rights of Transgender Persons Bill 2015 aims to promote the rights of transgenders, including reservations & financial aid. (introduced as a pvt member bill) 1. Identity as third gender. 2. Rights and entitlements : no separation from parents; prevent abuse/exploitation. 3. No discrimination by state in matters not restricted to edu, health, emp, rehab, social security, promotion etc. 3. National Aids Prevention and Control Policy (NACO) Current status: 1. 2009 judgment, Delhi High Court - read down Section 377, thus allowing LGBT relationships. 2. In 2013, the HC ruling was overturned by SC. 3. However in 2014 Supreme Court’s historic NALSA judgment affirmed the fundamental rights and freedoms of 3rd gender. 4. In 2016, a 5 judge bench is hearing it under curative petition (which is essentially a limited, additional remedy to aggrieved litigants after the Supreme Court’s final verdict and the rejection of a review. This is an innovation by SC and is not mentioned in constitution, aimed to prevent abuse of its process and to cure gross miscarriage of justice). 5. The petitioner is Naz foundation. Criticism: 1. You cannot recognise their right to life and liberty and simultaneously criminalise their sexual life. 2. Section 377 of the Indian Penal Code, a colonial-era provision criminalising consensual sexual acts of LGBT.

Transgender Policy 1. Kerala has become the first state to have a policy for transgenders. 2. It also ensures them equal access to social and economic opportunities, resources and services, right to equal treatment under the law, right to live life without violence and equitable right in all decision making bodies.

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Tamil Nadu induction of trans-genders in Police force. Delhi govt has introduced transgender category in birth/death registration forms. Odhisa conferred BPL status to transgenders.

Denotified and Nomadic Tribes (DNTs) 1. Centre govt has come up with certain reservation and other privileges but most States have not come up with special categories of reservation for them. 2. Within the SCs, STs, BCs and OBC communities, there are DNTs, who require special support. 3. Some of the tribes which were notified as criminal tribes during the British rule still suffer from the stigma. The BC commission recommended a focus on ensuring a sustained livelihood for such communities.

EDUCATION Data and Facts 1. India’s mean years of schooling is 5.1 compared to China’s 8.2 and Brazil’s 7.5. 2. India’s gross enrollment ratio (GER) in higher education (universities) has become 20% and the target is 30% by 2020. In 2014-15 it was 23.6% 3. Presently, in India only 0.6 % of GDP is spent on research as compared to 2.8 % of China’s, 3 % in Japan and 5 % in USA. Higher Education Funding Agency (HEFA) - is a SPV setup to raise money through loans and bond sales for funding central universities. Universities will repay the loan forwarded by HEFA through internal accrual earned through fee receipts, research earnings etc.

100% literacy 1. Kerala has become 1st state to achieve 100% primary education. 2. Achieved through state literacy missions - Athulyam (provided primary education to people b/w 15-50 yrs).

Education for girls 1. Technology can be used to provide better access to education through several programmes – GIAN, SWAYAM and National Digital Library. 2. Tracking children to understand the factors that lead to increased dropout rates – Digital Atlas by UNESCO and Ministry of Women and Child is identif ying geographical locations where gender parity index are poor

4 pillars of education: 1. Access 2. Equity 3. Quality 4. Governance UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Pre-school Programme 1. 83% of 3-6 year old in rural areas enrolled in some pre-school programme, mostly ICDS centres, anganwadi centres. Challenges: 1. Quality issues of education in anganwadi centres

Primary education (I to V) and Elementary education (I to VIII) 1. India has achieved almost universal primary education in terms of access and equity (96% since 2009). 2. Girls to Boys ratio in primary classes is 1.02 while in secondary is 0.94 (UNESCO’s Education for All Global Monitoring Report 2015). 3. Enrollment: Primary schools is 96% since 2009; Higher education : 23% 4. Access to schools: 98% habitations have Primary school within 1 km and 92% have middle school with 3 km. 5. MDG Goal 2: India achieved universal primary education in 2015. 6. Declaration of Kerala as the First Total Primary Education attained State in India. Challenges: 1. Access and Participation : Primary school dropout is 29%; In secondary school dropout ratio is 40%. Current GER in higher edu is 24.5% (in 2015). Main reasons for not enrolling in primary school are “household atmosphere” and “financial constraints”. 2. Quality issues : Unsatisfactory learning outcomes. Main reasons for dropping out in secondary are “lack of quality education” and “alternate employment opportunity” for boys and “household work” for girls. Clear need to shift the focus from access to quality. inapt curriculum, trained teachers. ASER/PISA findings. 3. Equity : Out of School Children from SC/ST/Muslims still very high. High gender gap in youth (8%) and adult literacy rates (19.5%) 4. Budget Constraints : Low spend on education/ R&D - 3.4 % of GDP. (NEP 1986 envisaged 6%) 5. Skills and employability : India population below 25 years - 54%. 6. ICT potential not fully tapped 7. Governance and Mgmt (programmers/ financing) Way ahead: 1. Focus on enrolling out of school children, recent dropouts. 2. Enrolment gaps between different communities, dropouts at secondary and tertiary levels needs attention. 3. Improve learning outcomes with quality teaching material. 4. Improved curriculum framework with study of developing issues in society and gender studies education. 5. Improving teaching levels by building capacity and upgrade teacher education in institutions like DIETs.

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6. Teaching by Level Principle: Children are grouped into classes based on similar learning outcome levels and not age. This also becomes easy for the teacher to use appropriate methods. 7. Improved governance with proper funding, adoption of pedagogic processes, classroom assessment frameworks and school leadership and management development. 8. Along with academic education, physical, socio-emotional, cognitive aspects also needs to be addressed. 9. Institutes assessment/accreditation needs to be done regularly. 10. India missed its MDG target on Adult education. 68% of illiterate adults in India are women. The government needs to hold workshops for parents to educate them so that they can help their children to study at home. (National Literacy Mission)

SSA It is the main vehicle for implementing RTE Act, funded by Central govt. 1. main scheme for Universal access of elementary education and retention, (Access) 2. bridging gender and social gaps in enrolment levels, (Equity) 3. improving quality of learning. (Quality)

RTE Act 2009 1. 86th CAA made article 21A “Right to free and compulsory education” as fundamental right for every child of age 6-14 years. 2. Means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards, in a neighbourhood school. 3. ‘Compulsory education’ means obligation of govt to ensure adm, attendance, completion of elementary edu. 4. Norms and stds for Pupil Teacher ratio, infrastructure in schools, school working hours etc 5. Section 12(1)(c) mandated 25% seats for EWS children in private unaided schools (except minority and residential school). 6. Mandated methodology of Comprehensive and Continuous Evaluation (CCE). 7. Adm of children in age - apt class. 8. Prohibits : physical punishment, screening process for children adm, capitation fee, pvt tuition by teachers etc Challenges/Issues: 1. retention of girls in school remains difficult as over 63 % of rural schools have no toilet facilities for them 2. RTE had improved enrolment levels but learning outcomes are still poor as it says little on learning outcomes. 3. The act provides that he/she shall be admitted in a class appropriate to his or her age which creates diversity in class (level). 4. High dropout rates. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. Overall teacher-student ratio is 30:1 but 40% of secondary schools and 30% of primary have higher ratios. India needs a million teachers to meet the teacher-pupil ratio specified in RTE. 6. Slow reimbursement of fees from state govt to schools (takes upto 2 years). 7. Lack of awareness and unwillingness on part of schools/ state govt to incur expenses. Way ahead: 1. Engagement of civil society for effective implementation of provisions. 2. Funds to develop infra; maintain minimum pupil-teacher ratio. 3. Coordinated action by centre/state govt, with clear responsibilities/accountability.

Schemes for Providing Quality Education in Madrasas (SPQEM) 1. to enable Muslim children attain national education standards in formal education subjects.

Annual Status of Education Report (ASER) 2014 Enrollment vs Attendance: 1. Enrollment (Primary) : 96% (since 2009) 2. Attendance (Primary) : 71% Infrastructure: 1. Schools with drinking water : 75.6% 2. Schools with usable toilets : 65.2 % 3. Schools with usable girl’s toilets: 55.7% Learning outcomes: 1. Only about 48 % of class V students can read class II texts. 2. Arithmetic is also a cause for concern as only 26 % students in Standard V can do a division problem.

No Detention Policy (NDP) under RTE 1. Govt has decided to do away with NDP effective 2018, following representation from many states; edu quality deteriorated. 2. No Detention Policy (NDP) is part of RTE Act, which mandates no child can be detained or held back in a class until the completion of his/her elementary education (till class VIII). 3. Under RTE 2009, CCE (Continuous and Comprehensive Eval) is implemented (automatic promotion till class 8) where child is evaluated throughout the year rather than just term exams. It also evaluates on non-academic areas of learning as well. CCE helps a teacher give individual attention to child’s learning. In favour: 1. Research indicates that failing a student doesn’t improve learning rather it has adverse academic and social impacts on child. 2. Failing children - higher dropout rates. 3. Failure in implementation is confused with failure of Policy. CCE has failed to takeoff in most schools, owing to lack of basic capacity and awareness amongst teachers.

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Criticism: 1. No risk of failing, students develop lackadaisical attitude towards studies. Low learning outcomes. 2. Parents no longer strict with their children. 3. Attendance has dropped. 4. System doesn’t distinguish between good hardworking students and others. Suggestion: 1. CCE has failed due to lack of lack of awareness, capacity and overburdened classrooms. 2. It requires teacher training to improve quality, improve teacher-pupil ratio. Acc to a survey in 2015, 20% teachers had not even heard of CCE and even those heard didn’t receive adequate training. 3. TSR Subramaniam committee for National Policy of Edu suggested discontinuation of NDP after class 5. 4. 18 states also favour doing way with “no detention”. 5. Devnani committee has suggested the revocation of the ‘no-detention policy’ OECD - PISA (Organisation for Economic Co-operation and Development - Programme for International Student Assessment) study: 1. India has been placed at 2nd last among 73 countries due to low standards of learning outcomes

T.S.R. Subramanian on New Education Policy (NEP) 2016 Vision: l

Inclusive Quality education; skills and values for to lead a productive life; participate in country’s dev; K/w based society; acceptance of diversity of India’s heritage and culture.

Recommendations: 1. Scrap UGC : as it has been unable to effectively ensure quality of higher education. Widespread irregularities in grant of approval of institutions and courses. Besides, credibility of the UGC has been seriously dented by approvals given to a large number of sub-standard colleges and deemed universities. 2. Setup Indian Education Service (IES) 3. Outlay on education should be raised to atleast 6% of GDP (currently 3.4%; global avg - 4.9%) 4. Standard norms for Teacher Eligibility Tests (TETs) across states and centre for eligibility in govt and private schools. 5. No detention Policy should be continued for children upto 5th class. 6. On demand board exam should be introduced to offer flexibility and reduce year-end stress among child/parents. 7. MDMS should be extended to cover students of secondary schools. 8. Top 200 foreign universities should be allowed to open campuses in India and give same degree which is acceptable in home country of said university. 9. Extend 25% EWS quota seats in minority schools also. Criticism: 1. Draft NEP insist on consolidation/merging small non-viable schools. But this contradicts RTE Act which proposes “neighbourhood schools” within 1 km for children attending upto 5th class. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Higher Education Times Higher Education (THE) Asia University rankings 1. 8 Indian institutions among top 100 Facts: 1. Education is a state subject.

UGC 1. statutory body in 1956, charged with maintenance of quality stds of higher education. 2. University Education Commission 1948 (S Radhakrishnan) reco -> UGC be reconstituted on model of UGC of UK. Functions: 1. Quality maintenance and uniformity in higher education. 2. Recognition and Accreditation for higher learning by autonomous institutions estb by UGC i.e AICTE, NAAC, MCI 3. oversees distribution of grants; provides scholarships/fellowships. Performance: 1. silent spectator on the languishing quality. Rising numbers of universities/colleges but falling quality. 2. Implementation of CBCS , 4-year UG program in DU and decision to discontinue UGC nonNET scholarship for MPhil and PhD students has been unpopular. IIMs asked to give PG degree in mgmt. Institutes that award diploma (IIMs) come under AICTE and not UGC (IIM bill underway to bring that change). 3. Unable to adopt new measures for enhancing student mobility and internationalisation of higher education. 4. Lack of quality research and atmosphere of innovation 5. Accused of allegations of favoritism while approving colleges, allocating grants. Problems with UGC: 1. Politicization of education with UGC becoming an arm of HRD ministry, lacking autonomy and freedom. 2. overburdened body which regulates and oversees all the universities of the country 3. Policy fluctuation and arbitrariness. 4. All the rules made by UGC need parliamentary approval which leads to delay. Lack of representation to states 5. UGC has not been able to check issue of capitation fee inspite of ban by SC. Challenges with higher education: 1. We have 722 universities. As per NKC (National Knowledge Commission) we need 1500. 2. None of our educational institutions figures in Top 200 club of THE (Times Higher Education) Ranking 2014-2015. 3. Unequal access to higher education amongst economic, gender, caste and religion groups. 4. Poorly skilled students with narrow view of education merely on exams, marks, attendance.

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5. Outdated curriculum 6. Poor quality of Research and Development missing industry linkages. 7. Lack of access to global courses and knowledge Recent issues involving UGC: 1. Delhi University FYUP: UGC directed DU to scrap FYUP as it is not in consonance of 10+2+3 format. UGC should avoid unnecessary interruption as it discourages innovation and bold steps to improve. 2. Introduction of Choice Based Credit System (CBCS) 3. Proposed amendment to Central Universities Bill, 2009: to bring uniformity in syllabus, admission process and transferability of teachers. Criticized on the grounds that Universities will lose their uniqueness, loss of diversity, curb innovation, transfers could be used to punish dissent voices, politicization of education. 4. Draft IIM Bill 5. Foreign Universities in India Way ahead: 1. Leaner pruned UGC and giving representation to more educationists on UGC panel. 2. 2009 - National k/w Commission under Sam Pitroda recommended abolition of UGC and creation of independent regulatory authority. 3. NEP 2016 and NITI Aayog CEO also criticized UGC model (one size fits all) regulator.

NEET 1. Bill for providing statutory status to NEET which conducts medical entrance for UG and PG. It also circumvents SC decision. 2. Objective - end multiplicity of exams, fair and transparent 3. A unified single exam with no diff in syllabus is a noble step. It will check selling of seats in Open Mkt for crores of Rupees. 4. Standardization of syllabus so that issues of rural/state boards are taken care of. Issues with NEET:1. SC passed a judgment calling test ‘unconstitutional’ as it deprived state-run universities/colleges their right for adm. 2. State’s right : Some State govt see NEET as an infringement on rights of States. 3. MCI - apprehension over MCI ability to conduct entrance exam. 4. Capitation Fees : need for a rational fee structure. 5. Syllabus : NEET more based on CBSE syllabus, state board students would lose out. 6. Language issue : If need is conducted only in 2 languages, students studying in regional language would lose out. 7. Quota issue : 15% All India seats; States like TN wary about state quota/reservation. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Way fwd 1. A common national test for professional courses is faultless. Checks selling medical courses at astronomical prices. 2. Reduce stress level; financial savings due to less applications

Role of private sector 1. Acc to E&Y and FICCI, nearly 2/3 enrolments in private institutions. Challenges 1. Lack of proper checks and balances: have resulted in mushrooming of institutions. 2. Poor physical and soft infrastructure: lack of state of art labs, faculty, research facilities. 3. Poor quality teaching faculty: poorly skilled teachers hired due to poor compensation. 4. Multiple regulators with overlapping mandates & inconsistent policies. UGC- parent apex body with sector specific AICTE, MCI, Bar Council and state level bodies. 5. Low operational autonomy - Pvt institutions have no power to fix salaries/courses. 6. Restrictions on entry of foreign faculty, foreign universities and foreign collaboration. 7. Though 100% FDI is allowed in education but it comes with the clause “Not for Profit”. 8. Lack of research due to lack of funding. 9. Lack of interdisciplinary focus for better coordination and synergy to solve the multi-faceted societal problems. Way fwd: 1. More operational autonomy ; Regulatory framework for quality assurance. 2. Financial support to students.

Low global Ranking of higher educational institutions Possible Causes: 1. Lack of awareness wrt patents and getting research works published in int’l journals. 2. Large section of research is done in vernacular 3. Low number of international students which is also a factor in rankings. Suggestions: 1. Identifying and empowering 50 top universities in every possible manner to seek global excellence as done by Russia. 2. Granting extensive autonomy to the universities in terms of curriculum, recruitment, tenure and agenda setting with greater say of the faculty and students. 3. Increasing funding, including corporate funding for Indian universities. 4. Incentivising research and publications among faculty members. 5. Generating a healthy competition by incentivising good performance of universities.

‘Global Initiative of Academic Networks’ (GIAN) by MHRD 1. aimed to boost the quality of the country’s higher education through international collaboration (courses and research).

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2. The lectures would be made available through - SWAYAM, MOOCs platform and National Digital Library. Concerns: 1. Huge remuneration to visiting faculties; Issues of Copyright and recording of lectures.

E-GRANTHALAYA is library mgmt s/w by NIC for automating all libraries in country and providing online services.

MeghRaj Policy to provide strategic direction for adoption of cloud services by the Government of India

National Scholarship Portal SWAYAM - MOOCs national portal for free online courses developed by IITs, IIMs.

HEALTHCARE Data and Facts: Infants: 1. IMR: 40 per live births, U5MR: 52 per 1000 live births, MMR: 167 per lakh as per Sample Registration Survey 2012-2013. 2. MDG 4: Reduce IMR - 29 per live births (goal missed) 3. MDG 5: Reduce MMR - 140 per lakh (goal achieved) 4. MDG 6: Halting and reversing HIV epidemic - PLHIV (21 lakh), HIV prevalence rate declined to 0.26% in 2015 (goal achieved) Infra: 1. Public expenditure on Health care: 1.1% of GDP; 7% in USA; Target : 2.5% of GDP (as per 12th FYP and NHP 2017). 2. Total spending on healthcare (including private and Out of Pocket expenses): 4.1% of GDP 3. NSSO - 2005, rural areas : 12 health worker per 10,000 people; urban areas: 40 per 10,000 people 4. 45 doctors/lakh populations while desirable number is 85

National Health Profile 2015 : 1. 1 doctor per 1700 people (Kerala acts as a model with 1 doctor per 700) Other data: 1. Low health insurance coverage : 86% expenditure out of pocket. 2. Life expectancy : 62 yrs in 2000 to 67 yrs in 2015 3. 1/5th of world disease burden, growing incidence of NCD like diabetes, poor financial arrangement to pay for care, India brings at rear among BRICS countries in healthcare performance. 4. 27% of neonatal deaths, 21% of all child deaths(under 5 yrs) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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WHO report - “Health workforce of India” 1. Doctors - 77% Allopathic and 22% AYUSH 2. 57% practitioners didn’t have any medical qualification. 3. 1/3rd allopathic doctors only 12th pass 4. 60% health-workers in Urban (28% population), while 40% health-workers in Rural (72% population)

Health Ministry data 1. Spent on prvt hospitals is 8 times govt hospitals 2. Healthcare spending – 4% of GDP ; Public (govt) share – 1% 3. Out of Pocket Expenditure – 69% of total healthcare expenditure 4. 80% of population not covered under any health insurance scheme. MAA (Mothers Absolute Affection) programme : to promote breastfeeding (from 1st hour till 6 month) - it can prevent 20% of new born deaths.

National Sample Survey 1. 80% population not covered under any health insurance. 2. Despite 7 yrs of RSBY, 12% urban and 13% rural population has access to insurance cover. 3. Private doctors share in treatment: 72% in rural and 79% in urban. UK report Lancet - 1/3 of total maternal deaths in 2015 happened in India. Reasons for poor maternal health care 1. the absence of timely access to quality care (defined as ‘too little, too late’) and 2. the over-medicalisation of normal and postnatal care (defined as ‘too much, too soon’). Rapid Survey of Children by WCD i) Malnourished - 33% ii). underweight - 29% ii) stunt - 38%

Targets for 12th FYP: 1. Reduce IMR to 25 and MMR to 100 per lakh live births 2. Improve Child Sex Ratio (0-6 years) to 950 3. Reduce TFR to 2.1 (current 2.3) 4. Reduce under nutrition to half of NFHS-3 level among children (0-3 years) 5. India’s public spending on health is less than 1/3 of China’s, as a proportion of GDP. 6. In Healthcare, India is poorest performer amongst BRICS.

National Health Policy 2017 1. replaces NHP 2002; 2. increase public health spending to 2.5% of GDP. 3. policy aims to move away from ‘sick care’ to ‘wellness’, by promoting prevention and well-being. 4. Aims Universal access to quality services and technology despite financial barriers. 5. It aims to reduce morbidity and preventable mortality of NCDs by advocating pre-screening. 6. It promotes ‘Make in India’ initiative by using drugs and devices manufactured in the country.

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7. It highlights AYUSH as a tool for effective prevention and therapy; introduce Yoga in schools and offices. 8. Also lists quantitative targets regarding life expectancy, mortality and reduction of disease prevalence in line with the objectives of the policy. n Increase Life Expectancy at birth from 67.5 to 70 by 2025. n Reduce infant mortality rate to 28 by 2019. n Reduce Under Five Mortality to 23 by 2025. n Achieve the global 2020 HIV target (also termed 90:90:90; 90% of all people living with HIV know their HIV status, 90% of all people diagnosed with HIV infection receive sustained antiretroviral therapy and 90% of all people receiving antiretroviral therapy will have viral suppression).

Critic: 1. No Right to Health in the policy. Suggestions: 1. Partnership with states is crucial to make best use of targeted 2.5% of public spending by 2025. 2. Major capacity expansion to produce MBBS grads, deployment for primary care in rural areas. 3. Forming regulatory and accreditation agencies for healthcare providers, considering private sector provides 70% outpatient care and 60% inpatient care. 4. Mandatory publish of approved cost of treatment, in order to remove prevailing info asymmetry.

Lifestyle diseases/ Non Communicable Diseases/ NCD/ Chronic diseases 1. have emerged as the biggest cause of deaths in India. 2. Within NCDs (which account for 45% of deaths), Cardiovascular diseases are the biggest killer (23%), followed by respiratory diseases, cancer, diabetes. 3. Premature births and Low birth weight among main reasons for death of child less than a month. 4. 1 in 4 Indians risks dying from an NCD before they reach the age of 70. Causes: 1. Industrialization and Urbanisation - less physical activities, processed food 2. Poverty - high tobacco consumption, reduced capacity for basic necessity like food, shelter, education perpetuating poverty. 3. Globalisation - Double burden of under-nutrition and obesity/lifestyle diseases 4. Environ degradation and pollution Impacts: 1. Country productivity and competitiveness - 2% GDP annually (per WHO) 2. Child nutrition and education; affects due to catastrophic health expenditure Govt measures 1. Providing healthcare and insurance 2. Taxing sin goods like tobacco/alcohol 3. Public transport systems to check air pollution UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Awareness 5. Kerala/Tamil Nadu model pf prescribing generic through govt distribution system. Rising cases of TB (Tuberculosis) 1. MSF report - India houses 27% of TB patients of world. Cause by Mycobacterium tuberculosis Issues: 1. TB Control programmes are ON but many people leave medication in between resulting in drug resistant TB 2. Lack of systematic data : Despite pvt sector treating more patients than public sector, systematic data on pvt sector is lacking. 3. TB treatment is free but DOTS centers are located at far off places which adds to costs. 4. Century old diagnostic method - microscopy detects only 50% positive cases. 5. RNTCP does not have enough qualified counsellors. 6. Bedaquiline drug to treat MDR-TB is available only in 5 cit. 7. Spitting on walls/streets is a common sight which spreads diseases. 8. Social stigma associated with TB leads to isolation, non reporting and self medication; Drives many families to below poverty line especially rural families due to loss of livelihood.

National Vector Borne Disease Control Programme. 1. to combat malaria

Eliminated 1. Small Pox - 1975 2. Polio - 2014 3. Maternal and Neonatal Tetanus (MNTE) - 2015 4. Yaws - 2015 Delhi Mohalla Clinic model Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Universal Health Care should be Promotive, preventive, curative and rehabilitative. Issues with healthcare: 1. Availability: low doctor/population ratio, low number of beds. 2. Accessibility: pvt sector major player, heavy out of pocket expenses as out-patient care & medicines are not covered in existing insurance schemes. 3. Increasing demand for healthcare, increasing life expectancy raises costs. 4. Low expenditure on healthcare: 4.1% of GDP including public, private, out of pocket expenditure. 5. Governance deficit and regulatory issues - myriad of laws, Policy paralysis 6. Women inequality and lack of awareness. 7. Lack of electricity and infra, mobile ambulances, health professionals (ratio is 1/2000 in rural areas; WHO reco 1/1000)

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8. Role of civil society, gram sabha at grass root level to ensure awareness and women take use of govt schemes - PMSMY Way forward: 1. Focus on marginalised. 2. Public health related services - water, sanitation, hygiene, nutrition as they are important determinant of health outcomes. 3. Tamil Nadu and Kerala can act as model states for providing better healthcare. 4. Government had launched mother absolute affection (MAA) program which focuses on breast feeding by women.

Draft National Health Policy 2015 1. 2.5% of the GDP as public health spending (from current 1.1% of GDP) by 2020, of which 70% should be on primary healthcare. 2. The policy statement also assures universal access to free drugs and diagnostics in governmentrun hospitals. 3. It also states to explore creation of health cess, on lines of education cess, on alcohol and tobacco. The states would have to commit 8% of their total budget for health. 4. Major recommendation is to make healthcare a justiciable fundamental right just like education under article 21-A. 5. Such national health laws have helped developing countries like Brazil, Thailand towards Universal heath coverage (UHC).

Mental Health Policy 2014 1. Govt launched India’s first-ever National Mental Health Policy to provide universal psychiatric care to the population. 2. The vision of policy is to promote mental health, prevent mental illness, enable recovery from mental illness, promote de-stigmatization and desegregation and ensure socio-economic inclusion of person affected by mental illness by providing accessible, affordable and quality health and social care to all such persons through their life-span within a rights-based framework. 3. WHO predicted 20% of India’s population would suffer from some form of mental illness by 2020. The country has only about 3,500 psychiatrists. Acc to WHO, India sees the largest number of suicides globally (max 15-30 age). Features of Policy: 1. universal access to mental health care, especially to vulnerable groups 2. To reduce incidence of suicide. 3. To reduce stigma associated and ensure respect of their rights/dignity. 4. To enhance availability and equitable distribution of skilled human resources and health care institutions for mental health. Challenges associated 1. Affects quality of life and poor/ neglected social status. 2. Mental health issues causes economic losses do to its effect on productive capacity. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Lack of research and specialised care professionals in field of mental health Causes of Suicide: 1. outcome of extreme depression and helplessness, aided by factors like poverty, debt trap, chronic illness, physical disability, loss of loved ones, personal failures. International Conventions and treaties providing rights based approach to health. 1. Article 25 - UDHR (Universal Declaration of Health Rights) 2. Article 12 - ICESCR (International Covenant on Education, Social and Cultural Rights) by UN 3. Goal 4,5 - MDG (Millennium Development Goals) related to child and maternal health. Constitutional Provisions: 1. Article 21: Right to health flows out from Right to life making a constitutional obligation. Role of Private sector: 1. Pvt sector provides 80% outpatient care and 60% inpatient care 2. As per draft policy, Public sector will focus on preventive and secondary care while outsourcing ambulatory care, imaging and diagnostics, tertiary care, non-medical services like catering, laundry to private sector. 3. Cashless service 4. Private players can strengthen the role of AYUSH system by opening new AYUSH hospitals, planting herbs and assisting government in documentation of AYUSH techniques. Significance of Health Policy 1. Importance of health for development and economic growth 2. Healthy workforce to reap demographic dividend 3. States obligation to deliver public goods Challenges 1. Constrained finances. Issues of centre-state spending on public health (centre being asked to raise it from 34 to 40%). 2. No GRM or laws to regulate. 3. Should Healthcare be made central law or should govt focus on enforcement of public heath standards on water, sanitation, food safety, air pollution, hygiene etc Way forward: 1. Need of combined vision reached through consensus between centre-states and political parties for a short term and long term goal which state govt’s can be hold accountable to 15 years hence. 2. Effective regulation of medical/nursing colleges, drugs, prices, public/private hospitals to prevent unethical practices. 3. Expansion of medical colleges to have skilled professionals. 4. Promotion of essential, generic medicines.

National Health Mission Public health state subject, so primary responsibility is of state. Centre provides financial support,infra, equipment and HR support.

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Core Principles: 1. Universal coverage 2. Achieving Quality standards: covering minimum 500 beds per 10 lakh population, expansion of Mobile Medical Units (MMU) 3. Decentralised planning: considerable flexibility to states/districts. Objective: 1. MMR 1/1000 live births, IMR 25/1000 live births,TFR 2.1, 2. reduce out of pocket expenditure, 3. reduce mortality by TB to half, 4. reduce prevalence of leprosy to less than 1 per 10,000 and incidence to 0, 5. Malaria incidence less than 1/1000 It has 2 sub missions: 1. NUHM - launched in 2012 2. NRHM - launched in 2005 NRHM: 1. High focus States that are economically and socially backward and have poor health indices are provided with higher per capita allocation as compared to rest of the states 2. At least 25% of all districts in each state have been identified as “High Priority Districts” based on a composite health index. This includes tribal districts which are below states composite health index. NUHM: 1. Primary focus on slum dwellers, rickshaw pullers, vendors, coolies, construction site workers, street children. National AYUSH Mission - (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy) 1. Traditional and Complementary Systems of Medicine (T&CM) including Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa Rigpa and Homeopathy. 2. Regulation and quality control of Ayurvedic medicines is covered under Drugs & Cosmetics Act, 1940. 3. Licensing and quality control of Ayurvedic medicines under State govt and legal provisions are framed by the Central govt. Benefits of NAM: 1. Providing low cost services in vulnerable and far-flung areas through allocation of dedicated resources. 2. Improved access to AYUSH services through increase in number of hospitals and dispensaries. 3. Enhanced availability of drugs and manpower. 4. Augmentation of the Primary Health Care centres and Community Service centres. 5. Improvement of AYUSH education through increase in upgraded educational institutions. 6. Sustained availability of quality raw material for AYUSH systems of medicine. 7. Useful for treatment of tobacco and drug abuse problems, lifestyle diseases like diabetes and hypertension using Yoga UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Challenges: 1. Scientific validation of AYUSH remedies, therapies is lagging. 2. Most of the naturally found medicinal plant species are depleting. 3. Lack of practitioners and traditional knowledge. 4. Competition from popular system of Alopathy. 5. Issues of awareness, affordability, access and quality. Way forward: 1. Synergistic linkage with Traditional Knowledge Digital libraries (TKDL) or National Medicinal Plants Board can help in effective implementation. 2. R&D - to validate AYUSH therapies, Quality certification of raw materials. 3. Regulatory framework - AYUSH experts, separate drug controller is needed. 4. Human Resource development - syllabus up-modification, cross disciplinary learning.

International Regulatory Cooperation for Herbal Medicines (IRCH) by WHO 1. to protect and promote public health and safety through improved regulation for herbal medicines.

Rashtriya Swasthya Bima Yojana (RSBY) 1. under MoHFW to meet health insurance needs of poor. Rs 30 per annum as registration/renewal fee per family. 2. ‘Cash-less’, smart card based health insurance cover of 30,000 p.a. to each enrolled family, comprising up to 5 individuals. 3. Covers hospitalisation expenses (Out-patient expenses are not covered), including maternity benefit, and pre-existing disease, transportation cost of Rs 100 per visit. 4. Covers BPL, construction workers, MNREGA beneficiaries, street vendors, domestic workers, Sanitation Workers, Mine Workers, Rickshaw pullers, Rag pickers and Auto/Taxi drivers (unorganized sector). Challenges/Shortcomings: 1. Inadequate : high cost due to insurance intermediaries, and catastrophic health expenditure. 2. Lack of coverage of primary health and out patient care, resulting in high Out-ofPocket expenses. 3. Doesn’t consider state specific disease profile and health needs. 4. It incentivizes inpatient services and surgical care, which many-a-times are unnecessary eg: Uterus scam 5. Concern of rampant systemic leakage of resources. 6. Narrow focus on secondary and tertiary care hospitalisation. 7. Poor Targeting: tribal blocks have least enrollments Positives: 1. Being implemented by all states for all BPL population; Migrants are also eligible; Biometric based identification (to eliminate false positive cases) 2. generated greater demand for healthcare among women who tend to ignore their health due to financial concerns.

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Way ahead 1. make its coverage wider, intensive and IT driven. 2. Improved quality, universal coverage, affordability which will also lay stress on preventive medical care. 3. Free medical check-ups once in every 3 years for the age group vulnerable to cardiac diseases and diabetes. Other provisions under diff schemes: 1. For insurance against death and disability, Department of Financial Services implements schemes such as PMJJBY and PMSBY. 2. MoLE implements Aam Aadmi Bima Yojana (AABY) which covers death and disability along with a scholarship component for 2 children studying in class 9th to 12th standard.

Sterilization/Family Planning Recent mishap in Chattisgarh where 11 women died after surgery Issues: 1. Gender Biased approach: Centre govt has come up with tubectomy based targets and pushing vigorously through camp based approach. Less focus on other available methods like condoms, oral pills, ‘T’-shaped IUDs. 2. Weak infrastructure: Lack of trained medical staff performing complicated medical surgeries. 3. Lack of awareness and education 4. Incentive payments for leading health authorities leads to pressuring patients for surgery over other methods. Suggestions: 1. Shift in Family planing from target based to voluntary basis (in consonance with NPP 2000). 2. Counseling and spreading information about alternative contraceptive choices. 3. Ensure quality of drugs and other equipments used.

Infant MDG 4 - reduce Child mortality. India makes 1/4 of neo natal deaths of the global total. Current IMR in India is 40 per 1000 live births and it failed to achieve MDG 4. Causes of high neo-natal mortality: 1. Poor condition of health facilities for institutional care and lack of trained professionals 2. Frequent prey to infections due to poor nutrition, anaemia and sanitation. 3. Lack of IEC (Information, Education and Communication). 4. Frequent pregnancies and young maternal age. 5. Low level of at home care resulting in poor nutritional levels due to socio-cultural and economic factors Causes of Still births: Poor nutrition, lifestyle, maternal age > 35yrs. (India has highest # still births) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Way forward: 1. Govt has launched India New born Action Plan (INAP). 1. RMNCHA+ framework. 2. Community based intervention: with the help if ASHA and anganwadi worker 3. Promoting JSSK, awareness generation, social mobilization.

Mission Indradhanush: 1. Aims to achieve full immunisation (at-least 90%) for all children by 2020 in mission mode. Program run by MoHFW. 2. Covers all children either unvaccinated, or are partially vaccinated against 7 vaccine preventable diseases which include Diphtheria, Tetanus, whooping Cough (Pertussis), Polio, Measles, childhood Tuberculosis, and Hepatitis B (DTCPMTH). 3. In addition to these, vaccines for Japanese Encephalatis and Haemophilus Influenza 4. new additions: 1. Rotovac (for preventing diarrhoea) 2. Inactivated Polio Vaccine (IPV), 3. Measles Rubella (MR) vaccine, 4. Adult Japanese Encephalitis (JE) vaccine

Leprosy 1. 16 years after being eliminated as a public health issue, India still accounts for 60% of the new cases reported worldwide. 2. WHO launched Global Leprosy Strategy 2016-2020, to control and avert leprosy esp among endemic countries like India. Suggestion 1. Provide uniform treatment regimen, eliminate stigmatisation and discrimination. 2. Early detection of cases and preventing them from progressing to disability 3. Rehabilitation of patients is also a weak spot

Janani Suraksha Yojana (JSY) 1. It provides incentives to expectant mothers who opt for institutional delivery. 2. It has ensured that 75 % of the deliveries take place in health care centres. Challenges: 1. Out-of-pocket expenses remain a key barrier for women to access timely health care and services.

Janani Shishu Suraksha Karyakram (JSSK) 75% of the deaths take place within a week of the birth and a majority of these occur in the first 2 days after birth. Every woman (3 days during normal) delivery in a public health institution as well as the newborn(upto 30 days) is entitled to 1. free and cashless health services,

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2. free drugs, diagnostics and diet, 3. free to and fro transport

Pradhan Mantri Swasthya Suraksha Yojana (PMSSY) 1. To augment medical education and facilities in under served states by setting up AIIMS like institutions and upgrading other govt medical colleges.

Global Call to Action Summit 2015 1. Confluence of health ministers from 24 priority countries which aims to end preventable child and maternal deaths by 2035. 2. The event is co-hosted by the Health Ministry, USAID, UNICEF, Bill and Melinda Gates Foundation and Tata Trusts. 3. 184 poorest performing districts have been identified to infuse more resources and carrying out focused programmes.

Medical tourism in India Annual growth rate - 30%, 2 billion industry, nearly 1,50,000 visitors every year. Reasons 1. cost consideration (1/10 of US or UK) 2. legality of certain treatments in home country, example: fertility procedure 3. latest medical technologies 4. less likely language barrier. Steps taken to promote medical tourism: 1. removed visa restrictions on gulf countries regarding minimum gap of 2 months between consecutive visits, 2. Visa on arrival for select countries, 3. hiring of language translators by hospitals.

Tax on Tobacco 7 structural problems in India’s healthcare system (as shared by UK Lancet) 1. A weak Primary healthcare sector: 1 bed for 1833 people in govt hospitals (8789 people in Bihar, 614 people in Goa) 2. Unequally distributed skilled human resources: 3. Large unregulated private sector: decrease in use of govt hospitals. As per NSSO data only 32% urban indian use them now. Private practitioners are in most cases under-qualified. 70% outpatient and 60% in-patient care was in pvt sector. 4. Low public spending on Health (1.2% of GDP; lowest amongst BRICS) 5. Fragmented Health Information systems: Mostly it excludes pvt sector and many a time duplicated. 6. Irrational use and spiralling cost of drugs. schemes like Jan Aushadhi (shops for affordable, quality, generics) and Drug price regulatory policies have not been implemented correctly. 7. Weak governance and accountability UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Rashtriya Kishore Swasthya Yojana (RKSK) - by MoHFW under NHM 1. For 25 crore adolescents (10-19 years). Sathiya kits to help peer educators answer teenage queries in community 2. Covering 6 areas : i) improving Nutrition ii) Sexual and reproductive health iii) Mental Health iv) Prevent injuries and violence, including gender based violence v) Prevent Substance misuse vi) Reduce Non-Communicable diseases

Sustainable Development Goals (SDG) Universal Health Coverage Mobile-health initiatives (mHealth) 1. 4 initiatives 1. Kilkari - delivers free weekly, time apt 72 audio messages about pregnancy, family planning, nutrition, child birth and maternal and child care until child is 1 yr old. The database will be taken from Mother and Child Tracking System (MCTS). The Bill and Melinda Gates Foundation has provided the mobile phone application for Kilkari. 2. Mobile Academy - free audio training for ASHA workers for improving their k/w base and communication skills. 3. M-Cessation - helping willing people quit tobacco use through text messages sent on their phone. 4. TB Missed Call - helpline with a toll free number to provide info, counselling and treatment support services for TB. 2. Part of govt’s Digital India programme to strengthen citizen centric health services by leveraging mobile phone penetration.

WIFS (Weekly Iron and Folic acid Supplementation) 4th NFHS 2015-2016 1. indicators at the district level for all 640 districts of the country included in the 2011 Census. 2. Large scale household sample survey under MoHFW. International Institute for Population Sciences (IIPS) Mumbai, is the nodal agency for the survey. 3. Funding - GoI, USAID, Bill & Melinda Gates Foundation, UNICEF, UN, NACO. Findings: 1. Few infant deaths (below 51 deaths per 1,000 live births) 2. More women getting access to ante-natal care (or pre-natal care). 3. Institutional deliveries increased by 32%. 4. 6 out of 10 children have received full immunisation. 5. Improvements in maternal and child health and nutrition ( Delay in work measurement => delay in payment. 5. At many places, males find higher wage-work in nearby towns. Therefore only a few women come at MNREGA site. Big projects cannot be taken up due to worker shortage. 6. Suggested reform: Use MNREGA for tourism related infrastructure. 7. Budget 2014: promised to use MNREGA for creating Agriculture related “more productive” assets.

National Urban Livelihood mission 1. Under Ministry of Housing & Urban poverty alleviation. 2. Earlier called Swarnajayanti Sahari Swarojgar Yojana. Then renamed into National urban livelihoods mission, with following features 1. self-help groups: bank credit + subsidies + skill training 2. street vendors also get easy loans and skill training 3. Shelters for the homeless.

Public Distribution System: is a program by govt for ensuring access to food for all. It is a supplemental program (doesn’t provide entire requirement of a household) and is a 3 stage process. 1. Procurement: FCI procures from farmer at procurement & gives him MSP so as to give him protection against mkt fluctuations. 2. Allotment to states at CIP (Central Issue Price): according to no. of poor and deficit in states, previous consumption. 3. Distribution at subsidized prices: (fixed by state govts after considering margins for wholesalers/ retailers, transportation, local taxes) through Fair Price Shops (FPS) and MDMS for children in schools. Allotting food grains - 35 kg per month per family. Issues: 1. Extensive leakages. Out of every rupee only 15 paisa reaches poor 2. Inability to reach vulnerable segments. Restructured to TPDS but still no. of starvation deaths are reported every time. 3. Inclusion / Exclusion errors ; Ghost cards (non-existent people) Way forward: 1. UID is expected to play a constructive role. 2. Increased local participation, more transparency and accountability. 3. Cash transfers (argument against, that beneficiary may spend it on something else) would minimize leakage. 4. Improvements in supply chain: Better cold storage & transportation as vast volumes of fruits and veg perish in transit.

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5. Land consolidation reforms, increase per hectare productivity. 6. GM, BT crops to meet the demands of future. 7. Alternative models like Cash transfers and Universal PDS (like TN) can be explored to reduce harassment by dealers.

NFSA 2013: has done away with BPL based identification. 1. Coverage and entitlement under TPDS 67% : 75% rural and 50% urban population, 5 kg per person per month. However, Antyodaya Anna Yojana (AAY - poorest of poor) will be protected at 35 kg per household. 2. Subsidized prices: Rice Rs 3 per Kg, Wheat Rs 2 per kg, Coarse grains Rs 1 per kg till 3 years from enactment of Act. Afterwards prices will be linked to MSP. 3. Nutritional support to pregnant / lactating women and child from 6 month to 14 yrs: ICDS, MDMS. 4. Maternity benefit: Rs 6000 Successes: 1. To streamline TPDS, States like Chhattisgarh and Madhya Pradesh have implemented IT measures, like digitisation of ration cards, use of GPS tracking of delivery, and SMS based monitoring. 2. Reduction in pilferage, corruption and better targeting. Other schemes: MID-DAY MEAL SCHEME – by MHRD. RAJIV GANDHI SCHEME FOR EMPOWERMENT OF ADOLESCENT GIRLS (RGSEAG) – ‘SABLA’ 1. empowering adolescent girls of 11 -18 years by improvement of their nutritional and health status and upgrading various skills like home skills, life skills and vocational skills.

Global Hunger Index (GHI) 2016 1. by International Food Policy Research Institute (IFPRI) 2. GHI combines the following 4 component indicators into one index: 1. Undernourishment: share of the population whose caloric intake is insufficient 2. Child wasting: low weight for their height, reflecting acute under-nutrition (under 5 years age) 3. Child stunting* : low height for their age, reflecting chronic under-nutrition (*new addition) under 5 yrs of age 4. Child mortality: mortality rate of children under the age of five 3. India ranks 97 among 118 developing countries in The Global Hunger Index, faring worse than all neighbours except Pak. 4. The success of ICDS, MDMS, AAY has helped to some extent but still the programmes has failed in meeting the goal set of halving hunger by 2015 due to lack of coordination, convergence, poor implementation of various schemes. Reasons of Hunger: 1. 40 % of fruits and vegetables, 20 % food grains produced rot due to inefficient supply chains and never reach consumer mkt. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. BPL households spend 70 % of their income on food and APL households spend 50 % of their income on food. 3. Urban working class spends 30 % of their income on food. 4. Agriculture contributed 13.7% to the GDP in 2013 while 50 % of India is employed in agricultural sector. Effects: 1. Poor nutrition in early life, leads to lower work productivity, higher diabetes, greater risk of heart disease, high BP. Hidden Hunger/ Malnutrition: also known as micronutrient deficiency, is a form of under nutrition that occurs when intake or absorption of Vitamins, Proteins & Minerals is too low to sustain good health & development in children & normal physical & mental function in adults. Causes of micro-nutrient deficiency: 1. Insufficient dietary intake/ lack of food security. 2. Inadequate caring and feeding practices for children and women. Poor breastfeeding practices 3. Early marriages of girls and teenage pregnancies resulting in low birth weight of the newborns 4. Green revolution made staple cereals affordable but at the same time micro-nutrient rich food became costly. 5. Nutrition transition in developing countries from traditional diets to highly processed, micro-nutrientpoor foods and drinks. Also known as ‘triple burden’ of malnutrition - undernourishment, micronutrient deficiencies, and obesity. 6. Introduction of govt subsidized rice and wheat through PDS is replacing traditional rural diet which included all types of millets, cereals, pulses, local seasonal veg, fruits. Challenges: 1. Huge gaps in implementation of programmes like ICDS, PDS, NFSA. Massive shortage of paediatric iron syrups for children. 2. Universal maternity entitlements as promised under NFSA are far from implementation. 3. Lack of latest representative data as the latest is only from NFHS-3 (National Family Health Survey) done in 2006. Policy interventions by govt: 1. Institutional support through SSA, MDMS, NRHM, JSSK, RGSEAG namely SABLA, IGMSY. 2. National Nutrition Mission: which targets 200 high burden districts due to malnutrition. 3. Weekly Iron Folic acid Supplementation(WIFS): tablets to girls on weekly basis. 4. Universal supplementation programmes for Iron and Vitamin A 5. Inclusion of pulses and cooking oils in PDS in some states is a good sign 6. Multi-sectoral intervention like TPDS, NFSM, NHM, MNREGA, SBA, NRDWP (National Rural drinking water programme). 7. Using e-services like Mother and Child Tracking System and empowering ASHA workers & ANM to act as agents of change. Way out: 1. Diversifying diets with pulses, veg, fruits and other nutritious foods 2. Promoting health lifestyle.

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3. Promoting optimal Infant and Young Child Feeding (IYCF) Practices ; 4. Food fortification: also known as enrichment is process of adding micronutrients (essential trace elements and vitamins) to food (successfully done in iodized salt) 5. Bio-fortification - is the technique of breeding crops to increase their nutritional value using conventional selective breeding or transgenic methods GiftMilk initiative by NDDB and Gujarat Coop Milk Mark. Fed (GCMMF) to provide free milk to govt schools with donations coming from corp.

Water and Rivers: under Ministry of Water Resources, River Development and Ganga Rejuvenation. Their objectives Nirmal Dhara- clean flow, Aviral Dhara minimum continuous flow, if achieved can do away with the ills of Ganga.

Ganga 1. Cleaning of Ganga was initiated in 1985 under Ganga Action Plan (GAP) Objective: 1. Pollution abatement, direction and treatment of domestic sewage, treating toxic industrial waste. Both failed due to corruption and technological issues.

National Council for River Ganga (Rejuvenation, Protection and Management) 2016, 1. as an Authority under chairmanship of PM, replaces existing NGRBA for overall responsibility for superintendence of pollution prevention and rejuvenation of river Ganga, with powers under the Environment (Protection) Act, 1986

Namami Gange Program - 2015 (under National Mission for Clean Ganga - NMCG) 1. It integrates the efforts to clean and protect the Ganga river in a comprehensive manner. Focus of the programme: 1. Among other things, the programme will focus on pollution abatement interventions namely Interception, diversion & treatment of wastewater flowing through the open drains through bioremediation / appropriate in-situ treatment / use of innovative technologies. Implementation: 1. The program would be implemented by the National Mission for Clean Ganga (NMCG), and its state counterpart organizations i.e., State Program Management Groups (SPMGs). 2. 3-tier mechanism - by NMCG at national level, b) by SPMG at state level and c) District level committee chaired by DM. 3. The program emphasizes on improved coordination mechanisms between various Ministries/ Agencies of Central and State governments. Features: 1. Hybrid Annuity based Public Private Partnership (PPP) model to reform the wastewater sector in India. Under this 40% of capital investment by govt through construction linked milestones and rest thgrough an annuity over the contract duration upto 20 yrs. 2. SPV will be created to work in conjunction with state and Urban Local Bodies (ULBs) and PRIs. It will implement regulatory measures like, polluter pays principle, restriction on usage of ground and fresh water, reuse of treated wastewater. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Under this programme, the focus of the Government is to involve people living on the banks of the river to attain sustainable results. 4. Development of the market for treated water will lead to reduced demand on riverine fresh-water and will result in enhanced flows in river Ganga. Ministry has entered in MoU with railways and is working with ministries of Power, Petroleum and Industries for purchase of treated water from STPs. 5. Devising new tech through research in collaboration with IITs and also trying to emulate Thames Model on Ganga. 6. According to Central Pollution Control Board (CPCB), almost 30% of the Sewage Treatment Plants (STPs) monitored in the 4 states of UP, Uttarakhand, Bihar & West Bengal were not operational and 94% were non-compliant with the prescribed effluent standards. These acted as roadblock in previous efforts to clean river Ganga Funds: 1. The project is scheduled for completion by 2020 and is not behind schedule. NRI fund for conservation of Ganga, JalMargVikas Projects, and Ghat development and beautification of Ganga Initiatives under Namami Gange Program:1. Ganga Gram Yojana (GGY) : 2. Hybrid Annuity Based PPP model : 3. Ganga Task Force (GTF) : Issues with river cleaning: 1. Rural open defecation 2. Industry effluent discharge [Focus should be on Interception, Diversion, Treatment].Operating capacity of Sewage/ Effluent Treatment Plants and delay in clearances by state govts to execute projects. 3. River Surface cleaning using surface skimmers. 4. Cremation of dead bodies around ghats and flowing ash in river 5. Religious ceremonies like dipping Ganesh, Durga devi idols in rivers 6. Use of technology like BHUVAN for profiling of point/non-point pollution sources. 7. Involving Panchayats and making them accountable for ODF villages.

Yamuna: 1. discharge of treated/untreated waste water containing organic matter and Faecal Coliform from number of drains in Delhi stretch 2. The Yamuna gains 70% of its pollution in its 22-km stretch, just 2% per cent of its course, through Delhi. Yamuna Action Plan (YAP) 1. for sewerage/interception and diversion of drains, sewage treatment plants (STPs), low cost sanitation/community toilet complexes, electric/improved wood crematoria, etc JNNURM: 1. to intercept sewage flowing into Yamuna.

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Challenges wrt river cleaning projects: 1. Governance issues: Many industries located near the river basin are discharging effluents which find their ways out either through bribing or political influences. CPCB, a statutory body, should be given independence and authority to penalise defaulters. 2. Infrastructural issues: Series of dams/ barrages have obstructed flow in river which reduces river effluent carrying capacity. No coordination among state boards through which the river flows and techno-economic challenges. 3. Socio-Cultural factors: religious offerings, ash of cremated bodies. 4. Non-point sources: agri runoff, open defecation. NGT bars construction on Ganga banks in Uttarakhand Seechewal Model used to clean Beas river in Punjab. Simple and Cost effective 3 step:1. Decentralized natural treatment system - oxidation tanks and settling tanks 2. Remove floating material 3. Maintain Flow of water for self-purification

Urban Housing: Smart Cities Mission It involves making nearly 100 cities “smart”. Selection criteria: City Challenge Competition Funding : 48,000 crore Main Focus: Infrastructure (water and power supply, sanitation, public transport, housing, IT connectivity and digitisation, good governance, sustainable environment, citizens’ safety, health, and education) Each mission city has come up with a ‘City Vision Statement’ based on citizen consultations ranging from : i) to be clean and green ii) leverage heritage iii) stimulating economic growth and inclusiveness.

AMRUT - Atal Mission for Rejuvenation and Urban Transformation seeks to adopt a project approach to ensure basic infra services in urban areas. Urban reforms like e-governance, professional municipal cadre, devolving funds, functions to ULBs, improvement in assessment and collection of municipal taxes, credit rating of ULBs and citizen-centric urban planning. Funding: 50,000 crore Main focus: Governance. This will create base for future smart cities. Comparison with JNNURM: 1. It covers 500 cities (population 1 lakh and above) while JNNURM only 63 cities Amrut aims to empower the states in the following ways: 1. 10% of annual budget allocation to states as incentive based on performance. 2. Flexibility to states in designing schemes based on local needs 3. States to submit State Annual Action Plans (SAAP) to centre for broad concurrence and funds will be released. While in JNNURM states had to give a concrete plan. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Funds usage will be recommended by State High Power Steering Committee (SHPSC). SHPSC will also be involved in supervision, monitoring quality of work and timely audits. 5. ULBs will develop roadmap for reform implementation, capacity building and coordination among stakeholders for timely implementation without escalation of project cost. 6. ULBs funding priorities will be done after consultation with local MPs, Mayors etc. What else is needed alongwith is Liveable Cities Mission: 1. better quality of life using social and cultural yardsticks instead of focussing merely on physical infrastructure. 2. Focus on parameters like crime, health care (private and public),culture and environment, corruption, social and religious restrictions, level of censorship, sporting availability, food and drink, consumer goods and services, private and public education, road networks, public transport, quality of water, good quality housing, quality of international links, quality of telecommunications, facilities for tourists, pollution (air and noise) 3. inclusive cities (for both the disabled community as well as for sexual minorities) 4. With growing mechanisation in agri, the manual labour will migrate to cities. The challenges of skilling and employing them lies ahead. Examples: 1. Several Scandinavian countries actively incentivise bicycle ridership, ex Paris. 2. The road signs in Amsterdam are so scientific and visual-driventhat tourists need not know the Dutch language to go around

4 fundamental urban governance deficits: 1. Empowerment deficit - of local governing bodies - Inter-governmental fiscal relations must be improved to address empowerment. 2. Resources deficit - practical ways must be identified to increase the resources available to local governments to allow them to perform their mandated functions. 3. Accountability deficit - mechanisms must be strengthened to hold local governments accountable for their actions. 4. Resilience Deficit - City’s resilience to natural disasters and the effect of climate change.

Rural Geo-tagging of MNREGA assets using BHUVAN platform 1. MoU signed b/w MoRD and ISRO. 2. 30 Lakh assets are created annually across the country under the rural job scheme.

Saansad Adarsh Gram Yojana (SAGY) 1. to develop model villages with improved basic amenities, enhanced human development, access to rights and entitlements and wider social mobilization 2. Financial inclusion, creation of digital infrastructure and the Swachh Bharat Abhiyaan have been dovetailed into this scheme

Shyama Prasad Mukherji Rurban Mission (SPMRM) 1. Development of 300 smart village clusters by 2019, by providing economic activities, skilling opportunities, local entrepreneurship and infrastructure amenities. Deen Dayal Antyodaya Yojana enhancing livelihood opportunities of rural poor.

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PM Gram Sadak Yojana (PMGSY) 1. 2019 (initially 2022) to achieve complete rural connectivity through all-weather roads. Under MoRD.

LARR (Amendment Bill) 2013: 1. Exemption of 5 categories of land use from certain provisions: (i) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors, and (v) infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land. 2. Exemption from SIA clause: The LARR Act, 2013 requires that the consent of 80% of land owners is obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects. The Bill exempts the five categories mentioned above from this provision of the Act. 3. Return of unutilised land: The LARR Act, 2013 required land acquired under it which remained unutilised for 5 years, to be returned to the original owners. 4. LARR 2013 act excluded the acquisition of land for private hospitals and private educational institutions from its purview. The Bill removes this restriction.

SC verdict on Land Acquisition (2016) 1. Supreme Court has declared land a “scarce natural resource” and forbidden the govt from using its powers of compulsory land acquisition to strip poor farmers of their livelihood only to transfer such land to private builders to feed their business interests. 2. Land, acquired in the name of residential or commercial projects, should revert to its rightful owner - the farmer - in case the project does not take off. No third party has any rights on the land. 3. There is no objection to acquisition of land for a compelling public purpose or regulated development of colonies, but release of land to a builder who comes into the picture after acquisition notification tantamounts to acquisition for a private purpose.

North East Bezbaruah Committee: to look into concerns of the persons hailing from the North-Eastern states who are living in different parts of the country, especially the Metropolitan areas, and to suggest suitable remedial measures which could be taken by the Government. Recommendations: 1. legislative measures, 2. special police initiatives for safety and security of NE people living in Delhi, NCR and other parts of the country, 3. educating people about the North East and addressing their grievances of accommodations etc. Delhi State Legal Services Authority (DSLSA) has empanelled Legal Services Counsel including lady advocates to deal with cases relating to people of North Eastern Region. North East BPO Promotion Scheme (NEBPS) under Digital India Programme by DeitY 1. emp opportunities for NE region, by setting up BPOs/Call centres.

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BILLS Anti Trafficking Bill 2018 cabinet approved the Trafficking of Persons ( Prevention , protection and Rehabilitation ) Bill 2018 Background: 1. Article 23 - Prohibition of traffic in human beings and forced labour 2. According to NCRB , 8137 cases of human trafficking were reported in 2016 . It was increased by 18% from 2015 . The Motive behind majority of the cases were sexual exploitation and prostitution and 162 cases were related to child pornography Salient Features: 1. addresses the Issue from the point of view of prevention , rescue and rehabilitation 2. ensure confidentiality of victims / witnesses 3. time bound trail and repatriation of the victims 4. created a rehabilitation Fund 5. designated courts for speedy trial 6. Punishment - 10 years to life Imprisonment and fine 7. National Anti - Trafficking Bureau will be created Criticisms: 1. classic Raid - Rescue - Rehabilitation model 2. creation of more institutions with overlapping roles 3. victim has to lead the police to the trafficker 4. vulnerable people being exploited more 5. root of the problem - poverty - Is not addressed Committee: 1. An inter ministerial Committee has been constituted under secretary Women q Child development to tackle menace of trafficking

Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016 Context: 1. South Asia, with India at its centre, is fastest-growing and 2nd-largest region for human trafficking in world, after East Asia. 2. According to NCRB, there were 5,466 human trafficking cases registered in 2014, an increase of 90% over past 5 years, though activists say this is a gross underestimate. Important Provisions: 1. unify existing anti-trafficking laws, cover labour-trafficking and not just sex-trafficking, as in Immoral Trafficking (Prevention) Act of 1956. 2. Create a strong legal, economic and social environment against trafficking of persons and related matters.

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3. Bill is victim oriented. It places dedicated institutional mechanism at District, State and Central level. SC also asked for setting up, Organised Crime Investigation Agency. 4. Use of narcotic drug or psychotropic substance or alcohol for purpose of trafficking. Use of chemical substance or hormones for the purpose of exploitation. 5. It requires ‘placement agencies’ mandatory register themselves. 6. Rehab support via Protection Homes and Special Homes. 7. Bill provides for establishing Special Courts in each district and experienced Special Prosecutors. 8. Recovery of back wages and other monetary losses of the victim of trafficking are also proposed. 9. For welfare and rehabilitation of victims an Anti- Trafficking Fund will be created. Concerns raised: 1. Does not refer to cross-border repatriation of victims from Bangladesh, Nepal and other countries. 2. Bill proposes, Special investigative agency, but its structure, composition, powers and function are unclear.

IIM Bill 2017 1. IIMs can grant degrees instead of diplomas. Will be declared institutions of national importance. Currently IIMs are registered as autonomous bodies under SRA 1960. 2. Bill provides for complete autonomy (board driven) to institutions with adequate accountability 3. Provision for inclusion of experts, alumni, women and SC/ST in board 4. Annual report of institutions will be placed in Parl and CAG will audit the accounts.

International Child Abduction Bill, 2016 / Untraceable Kids/ Missing Children 1. One-year jail term for wrongful retention or removal of a child from custody of a parent. The offenders may include one of the parents or family, relatives and others. 2. 3 months punishment for concealment of facts regarding location or info of child. Law Commission suggested some revisions to harmonise with Hague Convention.

Hague Convention 1. on Protection of Children and Co-operation for Inter Country Adoption (Hague Adoption Convention) 1980. India is not a signatory to agreement.

HIV and AIDS (Prevention and Control) Bill, 2014 1. aimed to make anti-retroviral treatment a right of HIV/AIDS patients. (Rights based approach) 2. address HIV-related discrimination, bringing in legal accountability and establish formal mechanisms for inquiring into complaints and redressing grievances. 3. Global Burden of Diseases (published in Lancet), India has 21 lakh PLHIV and only 25% against globally 41% are receiving ART treatment. Though prevalence is decreasing. 4. It is in tandem with SDG of ‘Ending the epidemic by 2030’. Current scenario and problems faced by PLHIV: 1. Social : ostracism and prevalent prejudices are even found among many medical, paramedical and community health workers. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Economic : thrown out of employment; huge medical costs. 3. Psychological pressure on their children in school. Key Provisions: 1. Role of Govt : Centre/State govt are obliged to provide Anti-Retroviral Therapy (ART). Prohibits discrimination by state and people against People Living with HIV (PLHIV) 2. Discrimination : penal provisions regarding breach of confidentiality. Ensures protection in respect of employment, heathcare services, education, public services, insurance. 3. Ombudsman : to inquire into complaints related to violation of act/ health services. 4. Guardianship : for child below 18 yrs. 5. Courts : Cases related to HIV + persons will be disposed off on priority basis, while maintaining secrecy of individual. Issues: 1. Bill doesn’t make it a legal right and therefore, a patient who is denied ART treatment cannot ordinarily drag any government to court. 2. Bill places an obligation on State governments to provide treatment “as far as possible”, making it weak and open to interpretation. Way fwd: 1. Amendment is progressive and must be appreciated. Biggest cause is parochial mindset and taboo which differentiates them from mainstream. It requires nation wide sensitisation program. 2. Awareness - social interactions does not lead to spreading of virus 3. Safe sex education should included in school and college curriculum.

Citizenship (amendment) bill, 2016 1. amends certain provisions of citizenship act 1955. It provides for citizenship by birth, descent, registration, naturalisation and by incorporation of territory. 2. The Act prohibits illegal migrants from acquiring Indian citizenship - (i) who enters India without a valid passport or travel documents, or (ii) stays beyond permitted time. Objectives: 1. Citizenship to religious minorities (Hindus, Sikhs, Parsis, Buddhist, Jain and Christian) from Pakistan, Bangladesh and Afghanistan who fled fearing persecution [Except muslims] 2. It also planned to replace term “religious minorities” with “discriminated religious minorities” 3. If these religious minority people do not possess valid travel documents or their documents have expired in recent time then they will not be treated as illegal immigrant for purpose of citizenship. 4. They shall acquire Indian citizenship through process of naturalization. 5. The period of residence to get Indian citizenship through naturalization is proposed to be reduced to 6 years from 11 years. Criticism: 1. Violation of Art 14 : Bills excludes Muslims (eg, shias from Pakistan and Rohingyas from Myanmar) from getting citizenship.

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2. The bill covers minorities only from Bangladesh, Pakistan and Afghanistan. 3. The bill remains silent about providing citizenship to Tamils from Sri Lanka. 4. Assamese protest against illegal migrants of minorities communities from Bangladesh who will get Indian Citizenship. Assam Accord 1985, provides that illegal migrants after 1971 will be detected and deported. But the bill contradicts. 5. Bill provides that registration of Overseas Citizen of India (OCI) cardholders may be cancelled if they violate any law. Way fwd: 1. Not advisable to outcast one religion. India is a secular nation and should maintain status quo. Due deliberation for common consensus is needed.

National Medical Commission Bill 2016 (draft Proposed by NITI Aayog) Provisions: 1. replaces “MCI” with “National Medical Commission” as a policy making body for medical education. 2. Creation of Medical Advisory Council with 1 nominated member from each state & 2 from UTs. Advisory in nature and shape overall agenda in medical education and training. 3. For NEET, it recommended a statutory status for admission to UG/PG courses. 4. Medical education fees : Commission should fix norms for regulating fees for a proportion of seats (not exceeding 40% of total seats) in private medical colleges. 5. Objective periodic assessment of medical institutions, ensures adequate supply of high quality medical professionals and incorporate latest medical research in their work. 6. It facilitates maintenance of a medical register for India and enforces high ethical standards in all aspect of medical services. 7. The Committee recommends ‘for- profit’ organizations be permitted to establish medical colleges. Certain drawbacks: 1. It allows “for profit” entities to establish medical colleges. This may prevent rural penetration of medical professionals and create road block in providing universal health care. 2. Formation of a nominated body tend to be narrow minded and ignores healthy and thoughtful debates.

Mental Health Bill 2016 (Passed by RS; Pending in LS) 1. replaces Mental Health Act 1987; Mentally ill population : 6-7% 2. 2007 - India ratified UN Convention on Rights of Persons with Disabilities Provisions: 1. Advance directive/Manner of treatment - individual can specify person responsible for taking decisions wrt treatment and also specify manner of treatment etc 2. Right of person with mental illness to Access to public heathcare 3. Decriminalise suicide (IPC section 309) and demystify social stigma associated with it. 4. Insurance - Ins companies to provide medical insurance like physical illness. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. Centre/State Mental Health Authority (register Mental health professionals; suggestions to govt on policy; registration of Mental Health Establishments) 6. Prohibiting electro-convulsive therapy for minors. Issues: 1. Guardianship provisions not clear 2. Urgent need for increasing number of Psychiatrists and care-givers. 3. Public Health being a state subject will put immense financial pressure on states for implementation; impacts cooperative fed. Way fwd: 1. The issues with the bill have to be resolved. States need to be consulted before finalising it as act.

Maternity Benefit (Amendment) Bill, 2016 (amends Act 1961) 1. Extends period of maternity leave from 12 to 26 week (ILO min std of 14 week). Requires pmt at avg daily rate for period of absence. Applicable to all org which employ >10 people. 2. Women who legally adopt child below 3 months would also be entitled to maternity benefits upto 12 weeks. 3. Gives discretion to employers to allow women to work from home after the period of maternity benefit, if possible. 4. Requires establishments with more than 50 employees to have a crèche facility. Need: 1. Mothers close to baby; breastfeeding to child till 6 months. 2. 37% of women opt out of jobs mid-career. 3. Gives time for organisations to plan their goals w/o affecting work quality. Criticism: 1. does nothing to dismantle male breadwinner model (androcentric notion) and continues to reinforce about childcare being exclusively women’s responsibility. 2. Adverse impact in workplace : Gender ratio is 21% in corporate sector at entry to managerial level. Added cost of hiring young fertile women. In developed countries too, a part of maternity costs is borne by the govt, while in India, it is directly passed on to companies. 3. India’s leaking pipeline – the number of women who quit their jobs between junior and middle levels – is 50%, compared to the average of 29% in Asia. 4. Silent on paternity leave. It enforces gender based roles and discriminates against alternate parenting models. 5. It leaves out leave provision for surrogate mothers while admitting for adoptions. 6. Covers only organised sector; establishments w/o working mothers exempt from crèche facility -> de-motivates women emp (less desirable). 7. Juvenile Justice Bill 2015, makes it nearly impossible for child adoptions below 3 months. Way fwd: 1. Improve Women LFPR. 2. Maternal care to Child during early childhood – crucial for growth and development of the child.

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3. Future amendments need progressive provisions for single parent and paternity leave for a gender-balanced approach.

Commercial surrogacy: 1. $2.3 billion industry in India. Nearly 25,000 children are born to surrogates per year. 50% clients from west (reproductive tourism). 2. Most surrogates are housemaids. Paid around 4-8 lakhs. 3. Commercial Surrogacy was legal in India since 2002. In 2008, SC permitted commercial surrogacy in Manji’s case (Japanese boy). 4. In 2012, an Australian couple abandoned one of twin babies born to an Indian surrogate mother.

Surrogacy (Regulation) Bill 2016 1. Surrogacy regulation board at Centre/ State level. 2. Prevent exploitation of rural/tribal women. 3. Right of surrogate mother and child born will be protected. 4. Complete ban on commercial surrogacy. 5. Limit surrogacy to married Indian infertile couples only after 5 yrs of marriage. NRI, foreigner’s, Unmarried/Single/homosexuals barred for surrogacy. 6. Surrogacy only for altruistic purpose and no money under any circumstance except medical expenses. 7. A women can become surrogate only once in a lifetime and clinics have to maintain all records for min of 25 years.

Assisted Reproductive Technology (ART) bill 2014 Key features : 1. Regulatory Boards: National and State boards for (i) permitting ART procedures, ii) enforcement of policies related to ART 2. National Registry: listing details of ART clinics and ART banks. What India a favourable destination (surrogacy hub): 1. Cheaper, Mushrooming of IVF clinics, 2. No regulating framework, 3. Availability of surrogates. Arguments in favour of commercial surrogacy: 1. livelihood for many women, 2. boon for intending parents (single, live-in couples, homosexuals). 3. Total ban may push it underground. Arguments against commercial surrogacy: 1. womb seen as market, (in absence of comprehensive laws to prevent exploitation, complications during pregnancy/post natal care) 2. Prevents exploitation of women who are forced into business to survive their family. Risk to surrogates health. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. cases of cheated parents; uneducated surrogate couldn’t negotiate fair contract terms. 4. unqualified doc’s, unscrupulous agents. 5. Law Commission recommended against commercial surrogacy and need for legislation to regulate altruistic surrogacy. Ethical and Moral issues: 1. Babies conceived through injection (not natural). 2. Surrogacy is a good deed that pays well. 3. What happens when no one wants a handicapped newborn? 4. Possible adverse psychological effects on the child; Feelings b/w surrogate and child. Way ahead: 1. Framing a proper law needs careful thought, good technical inputs and political will. 2. Sudden and arbitrary ban may lead to chaos among surrogate and would push the business underground. 3. formulate better laws to regulate the activities of bogus doctors and agents who lure and cheat both the vulnerable parties. 4. Right to privacy of donor as well as surrogate mother should be protected. And sex-selective surrogacy should be prohibited. 5. Cases of abortions should be governed by Medical Termination of Pregnancy Act 1971 only.

Lokpal and Lokayukta Act, 2013 1. Lokpal at Centre and Lokayukta at state level. 2. Lokpal - Chairperson and 8 members (50% judicial members; 50% SC/ST/OBC/Minority/Women) 3. Under Lokpal Jurisdiction : PM, all public servants, all entities receiving donations under FCRA in excess of 10 lakh by 31st July. 4. Adequate protection to honest and upright civil servant. Provision of attachment and confiscation of property acquired by corrupt means, even while prosecution is pending. 5. Powers of superintendence, direction over any investigation agency including CBI for cases referred by Lokpal. 6. Selection Committee of Director CBI - PM, LOP, Speaker LS, CJI 7. Constitution of independent Inquiry, Prosecution wings and Lokpal benches. 8. Search committee : will shortlist and recommend names to the selection committee. 9. Selection Committee : headed by PM, Speaker LS, LOP, CJI or sitting SC judge nominated by him, and a jurist nominated by President. It will not have any govt functionary. Criticism: 1. No protection to whistle-blowers. 2. Doesn’t bring judiciary under its jurisdiction; CBI needs to merged with office of Lokpal. 3. No provisions for appeals against Lokpal.

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Amendment Bill 2016 1. allows extn of time to public servants incl NGO board members receiving foreign funding > 10 lakh and govt funds more than 1 crore to declare their and spouse’s assets. 2. Such declarations must be made to competent authority within 30 days of entering office. 3. The public servant must file an annual return of such assets and liabilities by July 31st of every year. Issues: 1. Industry lobby groups and trusts, NGOs under FCRA want definition of “public servant” to be revised and themselves out of its purview.

The Medical Treatment of Terminally ill Patients Bill 2016 1. Govt has come up with a bill on passive euthanasia (mercy killing) which will give a patient right to withhold from medical treatment in case they are terminally ill. Key features: 1. Every competent patient, including minors aged above 16 years, has a right to take a decision and express desire to medical practitioner attending on her or him. 2. Such a decision will be binding on medical practitioner. He or she has to inform spouse, parents or any other close relative of patient and desist from carrying out decision for a period of 3 days after informing them. 3. Bill provides protection to patients and doctors from any liability for withholding medical treatment and states that palliative care (pain management) can continue. 4. In case any patient is not competent enough to take a decision then his or her next of kin, including spouse, parents or sibling, can approach High Court, which will have to take a decision within a period of 1 month. Background: 1. The Supreme Court had laid down comprehensive guidelines in Aruna Shanbaug case in 2011 to process passive euthanasia. Issues with the bill: 1. Clause 9 : relatives can apply to high court for “withdrawing medical treatment”.This is dangerous. This has potential for misuse and is antithetical to an individual’s FRs. 2. Concept of Living Will : An advance document in which a person states their desire to have or not to have extraordinary life-prolonging measures used when recovery is not possible from their terminal condition, putting doctors in a fix. 3. Drafting errors : The definition of terminal illness seems to include even mental health issues. 4. Overburdened HC are unlikely to deliver swift judgements.

Draft National Water Framework Bill 2016 1. As water is a state subject, these guidelines will not be binding on states. 2. Aim of the Bill: It aims to resolve several inter-state disputes over river water sharing. 3. Integrated river basin development and mgmt plan for equitable water distribution b/w states : Aviral dhara (continuous) and Nirmal dhara (unpolluted). UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. River Basin Authority will prepare a master plan for river basin, under its jurisdiction. Master plan will be reviewed every 5 years. 5. Right to a min amount of “safe water”. While making state “obliged” to protect and conserve water as it flows through “fundamental right of life. 6. Graded pricing system : certain quantity of free water to poor and pricing for higher income groups. 7. National Water Quality Standards.

Delhi (Right of Citizen to Time-Bound Delivery of Services) Amendment Bill 2015 1. Prioritizes each government department to put out a“comprehensive citizens charter”within 30 days of its notification. 2. Adoption of Delhi government’s e-district portal to ensure transparent and time-bound delivery of citizen-related services and affixing responsibility for delays on HODs. 3. The amendments also envisage a service performance incentive fund to encourage officials to deliver on time by offering them cash rewards. 4. Bill envisages entrusting a ‘Competent Officer’, with purpose of effecting payment of compensation to an individual and recovery of compensation from person responsible if there were delay in services.

Insolvency and Bankruptcy Code 2016 1. The vision of the new law is to encourage entrepreneurship and innovation. Some business ventures will always fail, but they will be handled rapidly and swiftly. Entrepreneurs and lenders will be able to move on, instead of being bogged down with decisions taken in the past. 2. Recommended by T K Vishwanathan Committee is hailed as second biggest reform after GST. 3. India ranks low on resolving insolvency (#136 in World Bank’s Doing Business Report) and it also effects ease of doing business ranking. (Recovery in case of insolvency is 20 paisa/rs in India vs 70 paisa/rs in world) Current issues: 1. Companies that fall into hard times spend 6-8 years trying to resolve the situation. 2. Banks are saddled with massive amounts of non-performing loans that are a drain on their resources and also affect their willingness to lend to new and deserving projects. 3. Ultimately, the honest and successful companies and individuals that borrow from the banks pay for these inefficiencies in terms of higher interest rates. Earlier Measures: 1. Sick Industrial Companies (Special Provisions) Act, 1985, Recovery of Debts due to Banks and Financial Institutions Act, 1993 (constitute DRT), and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, SARFAESI Act 2002 were laws aimed at helping speed up the bankruptcy resolution process. 2. Corporate Debt Restructuring (CDR) is a RBI-sponsored scheme that has tried to sidestep courts to resolve financial distress.

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Reasons of their failure: 1. Lack of legal infrastructure to effectively implement the laws (getting stays via courts). (India is a classic case of strong laws diluted by weak implementation.) 2. Our courts are overburdened, under staffed and lack basic physical infrastructure. Provision of current bill: 1. Clear, coherent and speedy process for early identification of financial distress and resolution of companies if underlying business is found to be viable. 2. Creating legal infrastructure and tries to overcome it by privatising the insolvency resolution process. 3. The bill specifies a strict, time-bound process. The decision between restructuring and liquidation should be made by bankruptcy professional within 6 months of a firm being referred to the bankruptcy process. (limited extension for 3 months). 4. New Regulator : Insolvency and Bankruptcy Board of India (IBBI) to regulate insolvency professionals (IP), insolvency professional agencies (IPA) and information utilities (IU). 5. Specialized bench at The National Company Law Tribunal (NCLT) will adjudicate insolvency resolution for companies. 6. The Debt Recovery Tribunal (DRT) will adjudicate insolvency resolution for individuals. (no role of courts) 7. The code allows the corporate debtor itself to initiate the insolvency-resolution process once it has defaulted on a debt (will solve EXIT issues). 8. Resolution process that allows companies to continue business while going through bankruptcy proceedings. This would help banks in recovering value to a great extent. Concerns: 1. Significant influence of lenders in restructuring process. Any committee of creditors required to vote on a restructuring package - as envisaged in current Bill - will be dominated by secured lenders. (however giving, veto may bring delays). 2. Knowing that they can recover their money using liquidating their collateral, secured lenders may sometimes prefer liquidation over restructuring even if latter results in higher value for firm’s equity holders. 3. Moody’s has pointed out significant infrastructure constraints to be overcome before framework could become fully operational. Legal resources and information utilities have to be built to support the new restructuring procedure. 4. Lack of suitable exit provisions sometimes hinders exit too (results into huge bailouts by govt); Chakravyuh challenge - economic survey. Way ahead: 1. Having said that, the implementation of the process depends crucially on the above-mentioned infrastructure being in place and the courts sticking to the time limits.

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Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 Features 1. Creation of commercial divisions and Appellate in high courts, and commercial courts at district level. 2. Dispute related to transactions between merchants, bankers, financiers, traders, etc. Such transactions deal with partnership agreements, IPRs, insurance, etc. 3. All commercial disputes of Rs 1 crore and above. 4. Any appeal filed in a high court against orders of certain tribunals like (i) Competition Appellate Tribunal; (ii) Debt Recovery Appellate Tribunal; (iii) Intellectual Property Appellate Board, may be heard by commercial appellate division of the high court if it relates to a commercial dispute. 5. Such appeals to appellate division must be made within a period of 60 days of order of lower court. 6. The number of HC judges that would be required for a commercial division of a HC/commercial court would be determined and nominated by Chief Justice of HC. Significance: 1. Increased ‘Ease of Doing Business’ ranking. 2. Building Investor confidence. 3. Fast track resolution would reduce the bank NPAs. 4. Will Reduce burden on Civil Courts and speedy disposal, reducing pendency rate. Challenges: 1. Lack of manpower and reqd infra. 2. Accountability issues due to corruption (high profile cases with crores involved can lure judicial officers).

Arbitration and Conciliation Act (Amendment) Bill 2015 1. India ranks 178/189 in terms of enforcing contract as per WB’s Doing Business Report. 2. Act relates to domestic/ int’l commercial arbitration, enforcement of foreign arbitral awards and define law relating to conciliation. 3. Amendment allows parties to int’l commercial arbitration outside India to also approach Indian courts unless agreed otherwise. 4. Tribunal shall make award within a period of 12 months. Also provision for fast track (6 months). 5. Appt for an arbitrator by HC/SC within 60 days. What is Specific Relief Act? 1. As per act, in an event where actual damage for not performing contract cannot be measured or monetary compensation is not adequate, one party can ask court to direct other party to fulfill requirements of contract. 2. This is called specific performance of a contract. Extends to infra contracts, like construction of housing societies or sale and purchase of land.

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The Geospatial Information Regulation Bill, 2016 1. basically aims to regulate critical information on Maps services that affect “security, sovereignty and integrity” of country. 2. To regulate individuals/companies from misrepresenting India’s territorial integrity on maps, wrong or false topographic information of India including international boundaries in any electronic or physical form. 3. It will be mandatory to take permission from a Security Vetting Authority before acquiring, disseminating, publishing or distributing any geospatial information of India. 4. It will ensure that online platforms like Google apply for a license to run Google Maps or Google Earth in India. 5. Bill imposes hefty fines (upto 100 crores) and punishment upto 7 yrs, for illegal acquisition, dissemination, publication of geospatial information of India. Pak Objection 1. As official map of India shows disputed territory of J&K as part of India. India rejected as Pak doesn’t have any locus standi w.r.t internal legislative matter of India. Criticism: 1. Brings back license Raj. For every map of India or its regions created by any company will have to be vetted by a company, pay a fee and seek license. 2. The proposed bill effectively ends crowd-sourcing. eg, In Google Maps if you want to fix a mistake, you won’t be able to do that. 3. Companies such as Google, Apple, Uber, Zomato and Ola which have millions of Indians using their maps, would be hit directly. Also startup initiatives and e-com/ m-com have to face shadow with such a blanket legislation. 4. The security vetting authority removes sensitive zones from data and takes about 2-3 months to respond, which is an unrealistic timeline for people working with digital data. 5. The bill goes against some ongoing projects like smart cities which plant to use geospatial imagery; digital India etc. 6. Lack of court’s jurisdiction in matters related to proposed legislation is also a cause of concern. 7. It’s also likely to do little to stop terrorist attacks. Since rules in bill only apply within India and to Indians outside country, it won’t restrict foreign military forces and terrorists beyond India’s borders from sourcing map data from elsewhere. 8. The new law also conflicts with provisions of IT Act 2000, because both stating that its provisions will have effect over inconsistencies in other laws. Way ahead: 1. Alternative of switching to simple registration based system rather than license for using data. Potential challenges of scrutinising credentials of every end user. 2. A clear distinction must be made between producers and consumers of geospatial data. It should not constrict innovation ecosystem. 3. It may be okay to require all publishers of geospatial data to register with security-vetting authority and authority can conduct an audit of their data. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Compensatory Afforestation Fund (CAF) (amendment) Bill, 2015 1. Compensatory Aff - planting trees to replenish diversion of forest land for non-forest use. Money is collected in CAF from companies and people whom land is diverted. 2. Bill aims to ensure expeditious utilization of accumulated unspent amounts Rs 40,000 crore for increasing forest cover in India. Highlights of the bill: 1. It establishes National/State Compensatory Afforestation Fund under Public Account of India/ States. 2. These Funds will receive payments for: (i) compensatory afforestation, (ii) net present value of forest (NPV), and (iii) other project specific payments. National Fund will receive 10% of these funds, and State Funds will receive remaining 90%. 3. Funds will be primarily spent on - afforestation, regeneration of forest ecosystem, wildlife protection and infra development. 4. Establishes National and State Compensatory Afforestation Fund Management and Planning Authorities (CAMPA). Issues with bill: 1. Bills doesn’t address provisions of FRA 2006 like providing incentives to people who are displaced from eco-sensitive zones. 2. In 2013 CAG report highlighted, lack of planning and implementation capacity of state forest dept (with share of funds transferred to state increased to 90%). 3. Procuring land for compensatory afforestation is difficult as land is a limited resource. Unclear land titles and difficult procedure involved in change of land use laws. 4. Compensatory forests are low in quality/ lacks in richness of biodiversity of a natural forest (ex: growing non-native trees)

Enemy Property Bill, 2016 (Passed in both houses) 1. to make amendments to Enemy Property Act, 1968. 2. Under Defence of India rules, Govt of India took over properties and companies of such persons who had taken Pakistani nationality due to partition of India in 1947, wars of 1962,62,71. 3. These enemy properties were vested by Central Government in Custodian of Enemy Property for India. 4. Heirs of those who migrated to Pak and China during Partition will have no claim over the properties left behind in India. Provision of Ordinance: 1. Once property is vested in Custodian, it will continue to be vested irrespective of whether enemy has ceased to be enemy due to reasons of death etc. 2. Law of succession and transfer of property doesn’t apply to enemy property. 3. Custodian will preserve enemy property till it is disposed of in accordance with provisions of act. 4. The ordinance is reqd to plug loopholes and to ensure that enemy properties don’t revert back to enemy subjects.

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Enemy Property Act 1968 provisions: 1. The act authorized Central Government of India to appoint a custodian for enemy property for India. 2. The fees equal 2% on gross income from properties vested in Custodian. The income received by way of rent, interest etc. on securities is invested in RBI. Several ordinances subvert primacy of legislature: 1. Govt. is still wondering what needs to be done with the Enemy properties, so till then it wants to restrict any claims In the larger public interest (explianation as given by executive) 2. Disruption of Parliament by opposition has delayed the passage of Bills, and hence repromulgation was needed. 3. Due to wide interpretations of various judgments passed by the courts, increasing claims were being made to regain these properties, thus restricting court intervention till comprehensive law is made.

The Regional Centre for Biotechnology Bill, 2016 (under Ministry of S&T) 1. to provide statutory status to existing Regional Centre for Biotechnology in Faridabad, Haryana. And to confer it status of an institution of national importance. Background: 1. India had entered into an agreement in 2006 with UNESCO regarding establishment of Regional Centre to serve member countries of UNESCO. Objectives: 1. Disseminate knowledge by providing teaching and research facilities in biotechnology and related fields, Create a hub of biotechnology expertise. 2. Facilitate transfer of technology and knowledge in SAARC region and generally Asia and Promote cooperation at international level. 3. The Regional centre will provide masters and doctoral degrees in biotechnology and related subjects.

Maharashtra Prohibition of Social Boycott Act, 2016 1. Maharashtra has become 1st state to enact a law against social boycott (out-casting/ social ostracism in name of caste/community/ religion/ rituals/ customs etc) of individuals/families by caste panchayats. 2. Recent instances - barring women from wearing jeans, going to places of worship, marrying outside caste etc.

Factories (Amendment) bill 2014 Provisions: 1. The proposed law will apply to all factories that employ at least 40 workers. 2. Apart from speeding up registration and compliance processes to help new entrepreneurs and start-ups, it seeks to do away with ‘inspector raj.’ 3. To increase level of competency, a min B.Tech degree holders can become inspectors and they can enter factory premises after specific written directions of Chief Inspector. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. However, inspection could take place without prior consent if there is a complaint from any worker or for carrying out investigation into a reported accident. 5. All factories that deals with “hazardous substance/ processes will be covered under this Act even if they employ a single worker.” Eg, coal, iron and steel, petroleum, cement. 6. For setting up factories with hazardous activities, the site appraisal committee - a body with representatives from environment, meteorological, town planning departments — will have to convene a meeting within 15 days of receiving an application. 7. Committee will have to send its recommendations within 30 days to state government (reduced from 90 days at present). Background: 1. The Factories Act is a legislation that deals with safety, health and welfare of workers. The present Factories Act is applicable on factories (with electricity connection) with 20 workers and factories, without electricity, with 10 workers.

The National Waterway Act 2016 1. Under Entry 24 of Union List of 7th Schedule central government can make laws on shipping and navigation on inland waterways classified as national waterways by Parl. 2. It would enable IWAI to develop feasible stretches for Shipping and Navigation. The right over use of water, river bed and belonging land will remain with State govt. 3. The act identifies additional 106 waterways as national waterways and takes the total count to 111 under this act. 4. The existing 5 NW are:1. NW 1 : Allahabad-Haldia Stretch of the Ganga - Bhagirathi - Hooghly Rivers (1620 kms) 2. NW 2 : Sadiya-Dhubri Stretch of Brahmaputra River (891 kms) 3. NW 3 : Kollam-Kozhikode Stretch of West Coast Canal and Champakara and Udyogmandal Canals (205 kms) 4. NW 4 : Kakinada-Puducherry Stretch of Canals alongwith designated stretches of Godavari and Krishna rivers (1078 kms) 5. NW 5 : Designated stretches of East Coast Canal, Brahmani river and Mahanadi delta (Goenkhali to Talcher - 588 kms) 6. NW 6 (in process) : Barak river (Lakhipur to Bhanga - 121 kms) 5. Setting up an Integrated National Waterways Transport Grid (INWTG) by establishing road, rail and port connectivity. Concerns with proposed bill: 1. No separate commitment of funds; self defeating 2. No participation of private shipping and infra; low productivity. Benefits of IWT: 1. Fewer accidents; less congestion on roads, cost effective transport, reduced logistics. 2. Fuel efficient (4 times of road transport); Environ friendly (reduce ecological footprint) and cleaner mode of transportation.

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3. Cheapest for moving cargo : IWT (25 paisa/km); Road (Rs 2.5/km), Rail (Rs 1.5/km) 4. Tourism and industrial growth potential of hinterland along waterway. Opportunity for cruise tourism. Problems with IWT: 1. Seasonal fall in water level due to rain-fed rivers (peninsula) ; reduced flow due to diversion for irrigation 2. Siltation; Waterfall and Cataracts (eg: Narmada and Tapi) 3. Salinity

Gujarat Labour Laws Bill 2016 1. provisions to ban strikes in public utility services for up to 1 year, extendable upto 2 years 2. Employer can change nature of job of employees without any prior notice 3. Provides for “out of court” settlement between labourers and mgmt by paying certain fee to govt. 4. Lift restrictions on sacking of workers and payment of compensation for units located in Special Investment Regions and NIMZ, like permitted in SEZ.

Gujarat Control OF Terrorism and Organized Crime Bill (GCTOC) 2015 1. Has been rejected 3 times by President. Mainly because of two provisions in Bill - admission of confession before police as evidence and police power of phone surveillance. 2. Union govt has diluted provisions regarding phone surveillance. Now Union home secretary is final authority on phone-tapping requests while bill proposed that state home secretary should be final authority. 3. The other sticking point in Bill - admissibility of evidence collected through confessions made before an SP rank investigating officer, in a court of law. Criticism: 1. Similar to draconian anti-terror laws like TADA and POTA. Both led to gross abuse and police tyranny. 2. It allows custody for 180 days rather than 90 days under normal laws. 3. Phone surveillance may be misused to settle political scores. It will promote snooping. Way fwd: 1. Such laws are needed for border states like Gujarat to address organised crime, terror gangs. 2. The long term solution could be to focus on better resources & training for investigators who continue to work under existing CrPC.

Model Shops and Establishments Act 2015 Provisions: 1. Cinema Halls, restaurants, shops, banks and other workplaces can function 24/7. All units which employ 10 or more workers are proposed to come under this act, leaving out kirana stores, unorg sector. 2. Women can work at night - cab services mandatory. 3. The bill, if enacted, will act as an advisory to the states. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. It will boost : a. services sector b. ease of doing business c. Tourism sector d. job opportunities. 5. The law will not apply to government offices and RBI. Criticism: 1. Small shops may not be benefited as they don’t have margins to run 3 shifts. It will mostly help big malls. 2. Safety of women working night shifts will be a concern. 3. Drunken driving and public nuisance. Advantages: 1. Harassment of businesses by Police will end 2. Genuine Boost to nightlife

Real Estate (Regulation and Development) Bill, 2016 Aim and Background: 1. Protecting home buyers from real estate developers who fail to deliver on time; regulating India’s gloomy real estate sector. 2. Real estate contributes 9% to national GDP. It is also 2nd largest employer after agriculture. 3. Lack of trust and confidence b/w developers and customers; Delay in handover; lack of transparency; grievance redressal; changes to construction plans etc. 4. Bill is imp to boost affordable housing through Housing for All by 2022 and smart city project. Current issues 1. Industry perspective : high costs of borrowing; approval process takes time; lack of necessary public infra 2. Consumer perspective : Lack of trust due to project delays; misrepresentation of facts like built up area; No grievances settlement 3. Largest source of black money/ Benami transactions Salient features of bill: 1. Ensures timely completion and delivery of flats to consumer; Strict regulations. Consumers are entitled to a full refund with interest, if there is long delay in delivery of a flat. 2. Developers need to deposit 70% of collection from buyers in separate escrow accounts for cost of construction and land. 3. Developers have to receive all clearances before issuing their properties for sale. Most builders offer flats at huge discounts at pre-launch stage to attract buyers - without informing consumers about status of clearances & potential delays in delivery. 4. Liability of developers for structural defects - 5 years and they can’t change plans without consent of 2/3 of allottees. 5. Establish Real Estate Regulatory Authorities (RERAs) in every state within 1 year of Act coming into force. 6. Both Commercial and Residential projects are required to be registered with Regulatory Authority. Regulators website should show all the necessary project disclosures.

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7. Carpet area has been clearly defined which forms basis for purchase of houses, eliminating any scope of malpractices. 8. Both consumers and developers will now have to pay same interest rate for any delays on their part. 9. Bill provides for arranging Insurance of Land title, currently not available in market which benefits both consumers and developers if land titles are later found to be defective. 10. Disposal of complaints by Appellate Tribunals and Regulatory authorities within 60 days. Imposes a 10% project cost penalty & upto 3 years in jail. 11. Projects only below size of 500 sq mtr are exempted from accountability ambit (earlier 1000 sq mtr/ 12 apartments) Concerns: 1. Strict penalties for developers, but hardly any provision to make government authorities, regulators, more accountable. 2. The RERA also lays down a Dispute Resolution Mechanism but they also get clogged in no matter of time (eg, consumer courts) 3. Many subjects like project approvals, land titles, environ clearance fall in state list. Merits: 1. Promotes transparency and accountability for customers. Boosts customer confidence. 2. Also gives a boost to real estate and can be helpful in realising targets set by Housing for All 2022. Way Fwd: 1. Legislation will bridge trust deficit and earn credibility of sector. 2. A better regulatory environment will facilitate prospective investors to look at it as a huge opportunity. 3. States should come fwd and implement the central legislation.

GST (Goods & Services Tax) CAA 122nd 2016 one nation, one tax’ GST regime is $250 billion (of indirect taxes) question! 1. Boost economic growth by 1-2% as it replaces complex indirect tax regime of multiple central/ state levies which makes inter-state transfer and movt of goods tedious. Biggest indirect tax reform aiming to transform country into uniform mkt. 2. Estimated - India will gain $15 billion/yr by implementing GST as it would promote exports, employment and boost growth. 3. GST subsumes various central indirect taxes incl - Central Excise Duty, Service Tax, etc. It also subsumes state value added tax, octroi and entry tax, luxury tax, etc. 4. It will be collected on VAT method i.e. tax at every stage of value addition. 5. GST will be is levied only at destination point, and not at various points (from manufacturing to retail outlets) and therefore reduces tax terrorism. 6. GST has 3 components: CGST, SGST, IGST. 1. Integrated GST (IGST) : Only centre may levy and collect GST on supplies in course of interstate trade or commerce. Divided b/w centre and states in a manner to be provided by Parliament, on reco of GST Council. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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7. GST Council : determine tax rates, special provisions to certain states etc. Consist of FM, MoS for Revenue, and state FMs. 1/3 centre’s share and 2/3 collective state’s share with equal votes to all states, (militates against basic spirit of representative democracy and opens up council to greater control by centre.) 8. Doing away with additional 1 % tax by producing states 9. Compensation to states : for revenue losses due to implementation of GST for period of 5 yrs. 10. Exempt : Customs, Stamp-duties, Petroleum, Electricity tax and Alcohol are exempted from GST. 11. An expected lower rate will help increase tax base and minimizing exceptions. Improve taxto-GDP ratio (16%). 12. GST is preferred global std. 13. 5 level GST rate structure : (common consumption - Zero,5%), (standard rates - 12, 18%), (luxury and demerit goods - 28%). Cess on high end cars, tobacco, aerated drinks, sin goods. Cess will be shared for revenue loss with states and will be lapsable after 5 yrs. Food grains will have zero rate to protect poor people from inflation. Provisions under GST law: 1. TDS on all online sales, bringing e-commerce into GST fold. 2. National GST Appellate Tribunal on reco of GST council. 3. National GST Settlement commission for settlement of cases under GST act. It will have one bench for 1 or more state. 4. Establish a Consumer Welfare Fund which shall be utilized by centre/state govt for welfare of consumers. 5. A GST Compliance rating is also proposed. What changes from currents system of VAT and other multiple taxes: 1. Multiple taxes create confusion and vary in states. 2. Existing tax system benefits states where production activity is based (origin) rather than where consumption is high (destination). GST is a destination based tax. ex: Bihar, Kerala gains while origin states like TN, GJ, MH stand to lose. 3. GST aims to eliminate manual intervention by shifting to a singular digitised compliance setup. Challenge is IT connectivity across length/breadth of country. 4. GST will bring constitutional power of states to tax on par with centre (including subjects like service sectors). 5. GST will broaden tax net. Positive impact: 1. Simplifies indirect tax structure - simplify tax admin and improve compliance. 2. Common National mkt - boost to FDI, Exports, Make in India -> increased economic activity -> more employment 3. Effective neutralization of taxes – exports competitive. As it taxes final consumer and hence avoids cascading affect, cuts production costs, makes exports cheaper.

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Other challenges and apprehensions: 1. Article 246A in proposed bill now confers power on Parliament and every state legislature to levy goods and service tax. 1 Parl law and 28 state laws to levy GST. The GST Council can only “recommend” a model law but nothing prevents each state from going its own way. The VAT experience is testimony to this. Even VAT started with pledge of uniform rate but devolved over time as each state formulated diff tax rates, exemptions. 2. Poor drafted rules - more litigation and disputes. 3. Many new tax payers will be exposed to authorities - Clear/ objective guidelines reqd to check any tax escape. 4. It is argued that GST regime leads to substantial erosion of state power to manage its taxing power & resource generation. 5. As GST is a consumption based tax, now companies have to register in all states where there products are sold. 6. GST network - Lack of IT infra. Coordination reqd b/w central and state assessors (IGST). 7. GST Council - Reconciling diverse preferences of all member States of GST Council to determine a uniform set of indirect taxes across nation is a huge task. 8. GST may go inflationary (current service tax rate is 15.5%). 9. Customs, Electricity tax, Liquor, petroleum products are out of purview which form 40% of India’s trade. 10. Multi-tier tax structure -> complex structure. Classification of goods under diff tax brackets. Conclusion: 1. Indirect taxes are considered regressive because poor and working class spend a greater proportion of their income on essential consumption. In this regard govt need to strengthen social protection measures to neutralize the affects. Suggestions and Way fwd: GST Council will lay foundation for cooperative federalism as it gives a major say to states in the way indirect taxes will be administered across country. Guiding principles:1. Forget RNR, instead guarantee a minimum GST revenue for each State. 2. Simple and low Standard GST rate should be set to incentivise tax compliance and boost overall tax collections. 3. Increase threshold for tax exemptions: Since a uniform GST will remove States’ ability to attract new businesses with tax incentives, there is a fear of new job creation in more developed States. Raising this threshold for GST exemption can incentivise existing small businesses to grow faster, thereby creating new jobs. 4. Minimal categories of exemption: Petroleum and petro products, sin goods such as alcohol are already exempt from GST. No more exemptions should be there to ensure uniformity. 5. Incentivise States for GST collection: Since GST is a destination tax concept, it is best to give each State greater responsibility to collect both Central/ State GST taxes. 6. Consensus in decision making : states having 2/3 voting share and centre 1/3. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Arvind Subramanian committee report on GST (Dec 2015) 1. RNR = current revenue of state/centre wouldn’t be affected. The rate which is applicable to max number of goods is Standard GST rate - 18% 2. Essential Goods - 12% 3. Demerit Goods (luxury cars, beverages, tobacco ) - 40% 4. Exemptions (alcohol and Petrol products), should be included gradually Pending issues and decisions: 1. 4 level GST rate structure 2. Territory/High seas issue : States will have powers of levying taxes on economic activities upto 12 nm of territorial water. 3. Dual Control and Cross empowerment : Horizontal split b/w centre and state wrt tax payers based on annual turnover. 1. Taxpayers with 1.5 crore turnover : State and Centre to control and administer 50:50 4. Loss of revenue : States object application of cess to make up for losses

Aadhaar (Targeted Delivery of Subsidies, Benefits and Services) Act, 2016 1. provides statutory backing to Aadhaar for targeted delivery of subsidy, benefits and services. 2. Under Aadhaar scheme, a 12-digit unique number is to be provided to every citizen of country. Features of Bill: 1. Every resident is entitled to obtain an Aadhaar number but it doesn’t confer right of or proof of citizenship of domicile. 2. Establishing of UIDAI and of Central Identity Data Repository. 3. Functions of UID: demographic and biometric info to be collected; 12 digit Aadhar number; specify usage of Aadhar number for delivery of subsidies and services. 4. Biometric info (finger print, iris scan and other biological attributes eg. DNA) will be used for Aadhar authentication and will not be shared with anyone. 5. Only in cases pertaining issues of national security and order of court info will be revealed. 6. Penal provision: imprisonment upto 3 yrs and min fine of 10 lakh for unauthorized access to centralized database and revealing info. 7. It provides exclusive power to UID to entertain complaints from aggrieved (no direct approach to courts). 8. It mandates enrolling agency to inform the individual about how data will be used and with whom it will be shared. Criticism: 1. Supreme Court raised concerns of right to privacy violation. It opens door to mass surveillance. Held Aadhaar cannot be made mandatory to receiving subsidies/ benefits. 2. Section 7, gives govt power to make Aadhaar mandatory for “receipt of certain subsidies, benefits and services”.

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3. It doesn’t meet the criteria of Money bill. 4. No Aadhaar #/ biometric info will be made public “except for purposes as may be specified by regulations”. 5. Section 33, can be used for concerns national security. But disclosure of info to intelligence and law enforcement agency maybe misused to target people based on religion. 6. Opposition criticised for bringing it as Money bill under Art 110, to avoid scrutiny by Rajya Sabha and Joint committee. 7. Terms like national security / public safety are defined loosely and ambiguously. 8. Biometrics safety: if it landed in unsafe hands, it may lead to mass forgery, frauds etc. 9. Weak Cyber security infra puts personal data of citizen under threat (recently website of NIC itself was hacked). 10. The Central Monitoring System (CMS) of Indian government may misuse data for mass surveillance of citizens. 11. Children are told to give their thumb prints. We are becoming vassals of state. India is turning into a concentration camp Govt’s argument: 1. Poor must be prepared to renounce their privacy rights in order to receive social benefits. 2. Aadhaar enrolment is purely voluntary and one can also get his info blocked if she wants to opt out of UID system. Benefits and Usage: 1. Aadhar coverage : 93% among people above 18 yrs (as of 2015). Crossed 100 crore mark. 2. JDY, DBTL (Pahal), PDS, Scholarship, NSAP, Ration cards linked, MNREGA, UAN (EPFO), digilocker, Pension and PF schemes. 3. Plug leakages (elimination of ghost entry, duplication). 4. Currently there are plethora of identity documents incl passports, PAN card, DL etc. Aadhaar can be used as a sole identification proof. 5. Elections reforms: By using Aadhaar, Photo ID card can be phased out, saving cost. Avoids duplication even if a person migrates. Also inclusion of minors in voter list can be seamless once they turn 18 years. It has potential for e-voting. Challenges: 1. Aadhar enablement and delivery of services has received complaints of authentication failures, connectivity problems etc. 2. Interoperability b/w platforms for delivery of benefits. 3. Disbursals through Aadhar enabled DBT could be quick but withdrawals require ensuring reliable connectivity. Way fwd 1. Plug loopholes related to privacy. 2. Provide jurisdiction under courts or independent of UID UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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PMO insists on Aadhar over Smart cards: 1. PMO has asked all ministries/dept to examine the need for state/centre govt depts to issue smart cards in light of near universal coverage of Aadhar (93% of adult population) and now it is also backed by Law. 2. However some experts are sceptic. They argue - “Smart cards are better than Aadhar as they are based on cryptography which is more fool-proof than biometrics”.

The Payments of Bonus Act of 2015 1. workers eligible for bonus raising salary ceiling under law from Rs.10,000 a month to Rs.21,000 a month. 2. Minimum bonus of 8.33 % of salary to employees earning upto Rs 21,000 a month. For calculating bonus, only Rs.7,000 a month is considered as salary. 3. Following this, state-level industry bodies across country approached the courts for relief and first stay on retrospective applicability of law . Concerns: 1. Financial implications of retro-active amendments on employers and distributing bonus for previous year after books of accounts are closed is a difficult prospect. 2. However, government looks at it as an incentive for the industry as giving bonus to workers will lead to more productivity.

Juvenile Justice (Care and Protection of children) Act 2015: 1. NCRB data shows that juveniles in conflict with law have increased; disturbing trend and created anguish in society 2. No one is born criminal; socio-economic environ at home/society; Failure of duty of state to ensure equal opportunities for development of all. 3. Main Causes : poverty; drug abuse; anti-social peer group; easy availability of firearms; abusive parents; single-parent child; nuclear family; family violence; child sexual abuse; lack of education opportunities; slum-dwellings; absence of role models; caste and religious biases and negative impact of media. Provisions: 1. Replaces Juvenile Justice Act, 2000. It address children in conflict with law & children in need of care and protection. 2. Bill allows juveniles b/w 16-18 years to be tried as adults for heinous crimes (punishment 7 years or more as per IPC) but only after he/she has attained age of 21 yrs. 3. Juvenile Justice Board and Child Welfare Committee (CWC) will be constituted in each district. JJB will do the inquiry if the juvenile is to be tried as an adult based on his mental/physical capacity. CWC will determine institutional care for children in need of care and protection. 4. As per bill, Juvenile can be sent for max 3 years in a special observation home 5. Lays downs eligibility for child adoption (Central Adoption Resource Agency is also given a statutory status) 6. Penalty for cruelty against child (offering narcotics, abduction/selling of child)

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Argument in favour: 1. NCRB: % of juvenile crime(7-18 yrs) has increased from 1%(2003) to 1.2%(2013); 16-18 yrs accused increased from 54% to 66% Arguments against: 1. Large number of children are from underprivileged, marginalized and minorities. It is because of fault of the environment in which they are raised up by their parents. The bill leaves less chances for them to get reformed by putting them in adult jails. 2. Standing Committee criticized the bill on the grounds, that they need reformation and rehabilitation and not retribution. 3. Reformation/Observation homes conditions are very bad. What is required is hard work to strengthen rehabilitation homes to see the juveniles coming as reformed citizens. Issues: 1. Some argue current law doesn’t act as deterrent for juveniles for committing heinous crimes. Others say that a reformative approach will reduce likelihood of repeating offences. 2. Trying juveniles as adults could violate UN Convention on Rights of Child to treat every child under 18 years as equal. 3. Juvenile apprehended after 21 yrs of age for serious (3-7 years) / heinous crime (> 7 years) will be treated as adult. It could violate: 1. Article 14 (unequal treatment based on date of apprehension), 2. Article 20(1)(person should not get a penalty higher than what would be applicable at the time of commission of the offence) 3. Article 21 (laws be fair and reasonable as they consider date of apprehension rather than on which offence was committed) Way fwd: 1. The Board and the Children’s Court are to adhere to the principle of best interest of the child and the objective of rehabilitation and reintegration of the child in the society 2. A principle of JJ Act, 2015 is that keeping children in institutional care should be a measure of last resort. The Act therefore provides for various de-institutionalization measures for children such as adoption, foster care and sponsorship. 3. Child care institutions are required to develop linkages with Specialized Adoption Agencies so that the pool of adoptable children can be increased and these children can be brought into the adoption process. 4. In light of above criticism, the government should focus on the root causes of juvenile crime, such as poverty, broken families, unregulated access to pornography, or the failure of child protection system. It requires reformative and not punitive justice.

The Whistle Blowers Protection (Amendment) Bill 2015 1. amends the 2014 Act, which was considered strong as it did not have any exceptions. 2. A competent Authority to receive and inquire into public interest disclosures against acts of corruption, misuse of power, or criminal offences by public servants. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Prohibits any disclosure under 10 categories of information related to - sovereignty, strategic, scientific and economic interests of India; foreign relations; cabinet proceedings; intellectual property; received in fiduciary capacity etc. However permits matters that are prohibited under Official Secrets Act (OSA), 1923. 4. For matter related to 10 prohibited categories be referred to a govt authority whose decision will be binding. Issues: 1. Disclosure is to a competent authority and not to public as under RTI Act 2005. 2. For 10 prohibited categories, RTI allows if it is in Public interest. Also provides for a 2 stage appeal process if information not served. This Bill does not contain such provisions. 3. Bill doesn’t specify the constitution of the govt authority which considers matters under 10 prohibited categories.

Official Secrets Act, 1923 provisions in contravention to RTI 2005 1. OSA was enacted in view of national security and British sovereignty Issues: 1. Absolute Govt discretion : classification of information, as the word Secret is nowhere defined in act. 2. RTI requires its should prevail over any other law if it serves “public interest”. Reco: 1. 2nd ARC recommended that The Official Secrets Act, 1923 should be repealed.

Road Transport and Safety Bill 2014 1. to reduce road accidents by atleast 50% (Brasilia declaration) 2. 1.5 lakhs death/ year in road accidents. Features: 1. prepared by MoRTHS, to provide a framework for safer, faster, cost-effective movement of passengers and freight in India. 2. It proposes to setup ‘Motor Vehicle Regulation & Road Safety Authority of India’, an independent agency for vehicle regulation and road safety which would be legally empowered and accountable to Parliament. 3. The bill aims to increase 4% Indian GDP in next 5 years and create 1 million jobs for people. 4. Funding : Innovative financing mechanism for funding safety programme. 5. It provides for ’Unified Driver Licensing system’ using biometrics and ‘Unified Vehicle Registration system’. 6. Plans for use of ICT for road safety and traffic mgmt, and creation of National Road Transport & Multimodal Coordination Authority. 7. Infra and Multi-modal facilitation : for efficient passenger and goods movt, common mobility cards. 8. Public passenger transport; Goods Transport and National Freight Policy (addressing bottleneck in trucking industry and logistics efficiency).

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9. Offences and Penalties : Graded penalty point system will act as an deterrent and improve traffic by reducing road rage. Steep penalties upto Rs 3 lakh and min 7 years imprisonment in case of death of child. 10. Highway Traffic Regulation and Protection Force for effective policing and enforcement of traffic regulations. Challenges: 1. TN govt has opposed the bill as it encroaches upon state govt’s power in financial, legislative and administrative fields.

Consumer Protection Bill 2015 (replaces Consumer Protection Act, 1986) 1. Bill enforces consumer rights, and provides a mechanism for redressal of complaints regarding defect in goods and deficiency in services. 2. Consumer Dispute Redressal Commissions will be set up at district, state and national levels for adjudicating consumer complaints. 3. The Bill establishes a Consumer Protection Authority to investigate into consumer complaints, issue safety notices for goods and services, and pass orders for recall of goods and against misleading advertisements. 4. If a consumer suffers an injury from a defect in a good, he may file a claim of product liability against manufacturer. The consumer must establish 7 conditions in order to prove such a claim. 5. E-filing and time bound admission of complaints in consumer courts is another important provision. 6. The Bill classifies 6 contract terms as ‘unfair’. These cover terms such as (i) payment of excessive security deposits; (ii) disproportionate penalty for a breach ; (iii) unilateral termination without cause; (iv) one which puts the consumer at a disadvantage. 7. Recent issues: Maggie row (endorse by Amitabh, Preity Zinta); Amrapali realty firm (endorse by MS Dhoni) Key Issues and Analysis l

Bill empowers central govt to supervise functioning of district, state and national consumer redressal commissions. This could affect independence of these quasi-judicial bodies.

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District Commission, a quasi-judicial body, may be headed by a DM, who is part of executive. This could violate principle of separation of powers between the judiciary and executive.

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National Commission, headed by a judicial member and comprising at least 15 technical or judicial members, will examine complaints on questions of law. This could contradict a Supreme Court judgment that questioned the competence of such technical members.

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In order to claim product liability, a claimant must establish 4 kinds of defects in product, injury caused from it, and that it belonged to manufacturer. The claimant must also establish that manufacturer had knowledge of such a defect. It may be argued that conditions to establish a product liability claim are unreasonable.

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The Bill defines product liability to include defects in goods and deficiency in services. However, conditions to be proven to claim product liability do not include conditions for services. It is unclear how a consumer can claim product liability for deficiency in services under Bill. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Parl standing Comm and GoM : 1. Standing Committee, suggested measures like making celebrities accountable for brands they endorse, and called for severe penalties such as jail term for celebrities endorsing brands, and broadcasters of misleading advertisements. 2. GoM has decided that instead of jailing the endorsers, they should be fined Rs 10 lakh

Bureau of Indian Standards Bill, 2015 1. to replace 29 year old BIS Act, 1986, under Ministry of Consumer Affairs, Food and Public Distribution. Following provisions 1. establish the Bureau of Indian standards (BIS) as the National body (Statutory body) which will formulate, implement and certify certain standards of quality for goods, services, articles, processes and systems. 2. The Bureau would be licensing authority for quality stds and will estb testing labs for quality assurance. 3. Mandatory certification regime for goods/services imp from pt of view of health, safety, environ, natl security. (ISI certified) 4. Self Declaration of Conformity (SDOC) for manufacturers, improving the “ease of doing business”. 5. Mandatory hallmarking (eg 22/24 carat) of precious metal articles (silver, gold, platinum, palladium or their alloys). 6. Strengthen penal provisions- fine upto Rs 5 lakh. When a company commits an offence under the bill, the person in charge of company will be presumed guilty irrespective of his knowledge, consent. 7. Product recall and product liability for better compliance to standards. 8. Appeal lies before Director General of Bureau and further to the central govt.

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 1. Any illegal overseas assets or income discovered by tax authorities now, following expiry of one time compliance window (penalty at rate of 100%, which ended in Sep 2015), will attract tax at the rate of 90% and penalty. 2. Tax on all foreign income without any deductions/exemptions at flat 30%. 3. Enhance punishment of 3-10 yrs and 90% of undisclosed income/value of asset. 4. Bill empowers the Centre to enter into agreements with other countries for the exchange of information, recovery of tax and avoidance of double taxation.

SC/ST(Prevention of Atrocities Act) PoAA 1989 - Amendment Act 2015 1. New offences added under Bill include: 1. Garlanding with footwear 2. Compelling to dispose or carry human or animal carcasses, or do manual scavenging 3. Abusing SCs or STs by caste name in public. 4. dedicating a SC/ST women as devadasi.

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5. Attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem 6. Imposing or threatening of a social or economic boycott. 2. Stringent action for above. 3. Establishes special courts for the trial of such offences and the rehabilitation of victims. Trial within 2 months. Recent issues: 1. Recent Maratha agitation demanded, scrapping of POA Act, after a case of rape and killing by Dalit youths. Tamil Nadu has also raised such demands in past. 2. However implementation of PoA Act has remained sketchy - Conviction rates remain low (23 %), even if reporting of crimes against SCs/ STs have increased, as a result of increasing awareness among Dalits/ Adivasis of their legal options. 3. Dalit women continue to be victim of violence and rape. 4. Dalit are still concentrated in unauthorized settlements in cities. 5. In MP a woman was beaten for her shadow falls on an upper caste man. 6. Suicide attacks by Dalit students (recent one Rohith Vemula) 7. Flogging of dalit youths skinning dead cows in Una (Gujarat)

Child Labour (Prohibition and Regulation) Amendment Act 2016 1. 4.3 million child labour in India (acc to UNICEF and SECC 2011). 80% Dalit and 20% BC; 80% in rural and 20% in urban. 2. Global Slavery Index (Walk Free Foundation) : India - 4th (modern slavery incl sex work, domestic work, child labour, manual labour) Constitutional Provisions 1. Art 24 : prohibits emp of child below 14 in hazardous industries (14 in #) but allows regulated emp in others. 2. Art 39 (e) : directs state to ensure health of workers and child not to be exploited 3. In light of RTE 2009, bill seeks a blanket ban on emp of children below 14 in all occupations except family owned business provided edu of child is not hampered. The bill is also aligned with ILO convention which calls for complete ban on child labour. Provisions of amended bill: 1. Prohibition of child (under 14) labour in all occupations except where child helps his family after school hours. 2. Bill adds a new category “adolescent” and prohibits emp of adolescent children (14-18) in hazardous occupation (mines, inflammable substance and hazardous process as defined in Factories Act 1948). Works in chemical units, cotton farms, battery recycling units, brick kilns dropped from hazardous. 3. Section 4 : Empowers Union govt to add/omit any hazardous occupation from list without process of amendment. 4. Penalties : increased from 20k - 50k (from 10k – 20k) and 6 month - 2 yrs (from 3 months – 1 yr). Repeat offendors, offence is cognizable and punishment of 1-3 yrs. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. Govt may confer powers on DM to ensure provisions of law are properly carried out. 6. Periodic inspections at places where child emp are prohibited. 7. Sets up Child and Adolescent Labour Rehab Fund. Critic: 1. Slashed list of hazardous from 83 to mere 3. 2. Under Section 3/ Clause 5 : child labour is allowed in family enterprises and entertainment industry. It was argued by govt that while helping parents, children also learn basic of occupation. However critics argue that, this clause is dangerous as it doesn’t define hrs of work and simply states after school hours. This clause may create regulatory loopholes and may raise dropout rates. It also contravenes UNICEF CRC to which India is signatory which prohibits emp of child in 5-11 yrs. 3. Definition of family enterprises can include brick kilns, matchbox making, carpet weaving, bidi units, gem polishing industries where child labour is in high demand. 4. New norms can also be misused to deny education to girl child who will be stuck with household work. Way ahead: 1. 50% child labour in BiMaRU states; UP alone 20%; special focus reqd.

Maharashtra Bill to regulate dance bars The Rights of Persons with Disabilities Bill, 2014 (pending in Parl) 1. replaces Act 1955 and covers 21 disabilities against 7 covered by act. It is being brought to fulfil obligations under UNCRPD that India ratified in 2007. 2. Rights based approach : Includes friendly access to all public buildings, hospitals, mode of transport including bus stops, railways stations, airports, polling stations. 3. Authorities : 1. Creation of National and State Commissions for persons with disabilities, to identify law and policies inconsistent with act and recommend remedial measures. 2. Creation of Central and State Advisory Boards on disability, and District Level Committees, to advise govt on policies. 4. Guardianship of Mentally ill person : District courts can award 1. Limited guardian, to take decisions jointly with mentally ill person, 2. Plenary guardian, can take decision on behalf of mentally ill without consulting him. 5. Penalty : Violations of any provision is punishable with imprisonment upto 6 month/ fine of Rs 10,000. Issues: 1. Disability is a state subject. It infringes legislative power of states. It imposes legal and financial obligations on state and municipalities. However Parliament’s jurisdiction to enact this Bill flows from Article 253 of Constitution which allows Parliament to enact legislation to give effect to international agreements.

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2. Many general clauses of bill like ’making all polling booths accessible’ are open for any interpretation. Also violation severity specific penalty provisions are not mentioned. 3. Safeguards against misuse of power by plenary guardian are not sufficient as he may act against interest of mentally ill. 4. Certain provisions of the bill are inconsistent with existing laws and may give rise to ambiguities. Eg: Penalty for outraging modesty of a women, Termination of pregnancy of a mentally ill women, these cases invite larger penalty from other laws compared to what is provided in this bill. Suggestions by Parl Standing committee: 1. Use of word ’disabilities’ in title of bill belittle enormous talent. It should be replaced. 2. Explicit recognition of rights to equality and empowerment and non-discrimination is reqd. 3. Language of Bill should be gender neutral and transgender should also be brought under ambit of Bill. Way forward: 1. For practical purposes, some provisions of act will need to be implemented in phased manner. Benami (nameless/without a name) 1. Bill aims to deal with problem of black money especially in real estate sector. It target transactions that are carried out in other people’s names for a property is held by him.

The Benami Transactions (Prohibition) Amendment Bill, 2015 (amends 1998 act) 1. The Bill seeks to: 1. amend definition of benami transactions. 2. establish adjudicating authorities and an Appellate Tribunal to deal with benami transactions, and 3. specify penalty for entering into benami transactions. 2. The Act defines a benami transaction as a transaction where a property is held by a person, but has been paid by another person. The Bill amends this definition to add other transactions which qualify as benami, such as property transactions where: 1. the transaction is made in a fictitious name, 2. the owner is not aware or denies knowledge of ownership of property, or 3. Owner of property is not traceable. 3. Bill also specifies certain cases will be exempt from benami transaction. Cases when a property is held by: 1. a member of a HUF, and is being held for his or another family member’s benefit, and has been provided for or paid off from sources of income of that family; 2. a person in a fiduciary capacity; 3. a person in name of his spouse or child, and property has been paid for from person’s income. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Bill seeks to change penalty to RI of 1-7 years, and fine which may extend to 25% of fair market value of benami property. Criticism: 1. The bill looks silent on mechanism for confiscation of property. 2. Exemption maybe misused.

Prevention of Corruption (Amendment bill 2013) Act 1988 1. Amendment to fill gaps in domestic anti-corruption law and meeting obligation under UN Convention Against Corruption. 2. More stringent punishment for bribery - both bribe giver and bribe taker. 3. Penal provisions enhanced to 3-7 yrs, brings corruption in heinous crime category. 4. Provision of guidelines for commercial org to prevent them from bribing public servant. 5. Ensure speedy trial within 2 yrs. (current avg - 8 yrs) 6. Possession of disproportionate assets as proof of illicit enrichment. (also reco of 2nd ARC) 7. Non-monetary gratification covered under gratification. Criticism: 1. Reality, people are forced to pay bribe even for basic entitlements like ration, pension, health facilities. 2. Govt prior sanction for prosecuting public servant for corruption - provision widened to include retired officials too. Recent issues: 1. Union Coal Secretary HC Gupta facing trial in Coalgate case. CBI chargesheet indicts him part of conspiracy to confer undue favour on pvt parties due to his negligent and no application of mind which caused losses to public exchequer. 2. Section 13(1)(d)(iii) - public servant commits criminal misconduct if he accepts any pecuniary advantage without any public interest. 3. Section 13(1)(d) - Also Burden of Proof is on public servant. Currently this subsection is under review by select committee and it may be diluted/ deleted. Way ahead: 1. Govt should offer immunity to those who - are forced to pay for basic entitlements, voluntary come fwd to complain, willing to turn approvers. 2. Coercive corruption can be checked through effective GRM. 3. Lokpal law has been given power of prosecution, is a good move.

Landmark judicial decisions: Golaknath Vs State of Punjab 1967 SC made FR immune from amendment until Parliament reasserted its authority in 1971 by amending Articles 13 and 368 of the Constitution. Gave FR transcendental position under constitution. Kesavananda Bharati Vs State of Kerala 1973 In 1971, Parliament empowered itself to amend any part of the Constitution. However, the SC laid

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down that such amendments could not destroy the ‘basic structure’ of the Constitution-fundamental rights are part of the ‘basic structure’. Indira Gandhi Vs Raj Narain 1975 Indira Gandhi declared Emergency after being ordered by Allahabad HC to vacate her seat for malpractice. SC later overturned the decision. A.D.M. Jabalpur Vs S. Shukla 1976 SC declared the right to move court under Articles 14, 21 (right to life) and 22 would remain suspended/abrogated during Emergency. [read more about it - Justice Khanna]. It was a judgment that put a question mark on the credibility of the institution. Maneka Gandhi Vs Union of India 1978 The case caused a huge uproar over the definition of freedom of speech. The court ruled that the procedure must be fair (DPL) and the law must not violate other fundamental rights. Minerva Mills Vs Union of India 1980 SC again applied the ‘basic structure’ theory, saying that social welfare laws could not curb FRs. Indian Constitution is founded on the bedrock of the balance between FR and DPSP. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. Shah Bano Case 1985 The case, related to the issue of Muslim personal law, caused a furore as court awarded Shah Bano a maintenance allowance after divorce. But this decision was later circumvented by an amendment in law by the then govt to nullify the ruling mostly for political benefits. Indira Sawhney Vs Union of India 1992 SC upheld implementation of reco’s made by Mandal Commission. Defined “creamy layer” criteria; reiterated quota could not exceed 50%. S.R. Bommai Vs Union of India 1994 The case laid down the guidelines in proving a majority under Article 356. Vishaka Vs State of Rajasthan 1997 For the 1st time, sexual harassment, including sexually coloured remarks and physical contact, was explicitly and legally defined as an unwelcome sexual gesture. It stated that every instance of sexual harassment is a violation of fundamental rights. Samatha Vs State of AP 1997 SC said government land, tribal land, and forest land in scheduled areas could not be leased to nontribals or private companies for mining or industrial operations. Such activity can only be done by tribal people or by a government undertaking.

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GENERAL ISSUES Racism 1. organised form of xenophobic violence against outsiders and migrants. 2. Africans stared and often photographed without their consent eg, Murder of Congolese Ketanda Olivier in Delhi (2016) 3. Matrimonial advt unabashedly make a mention of light skin as an asset. 4. Nido Tania, a student from NE, was mocked for his “Chinese-like” looks and then brutally killed in Delhi (2015). Recent issues: 1. attack on the Tanzanian woman in Bengaluru in Feb 2015 2. Death of a NE student Nido Tania in Delhi in 2014. Steps taken: 1. Bezbaruah Commission 2015 for NE people. 2. Hiring of language African translators by police stations in metros. Int’l examples 1. Arrest of Indian diplomat Devyani Khobragade in US sparked a virtual diplomatic spat. 2. Bollywood celeb SRK was detained during immigration at a US airport.

Right to life, De-criminalisation of section 309 (attempt to Suicide): 1. Section 309 IPC : attempt to commit suicide is punishable with SI upto 1 year. Section 306 provides for punishment for abetment of suicide. 2. Law & Order being a state subject, views of states were sought. 18 states & 4 UT supported that section 309 be taken out of statue book. Evolution: 1. In P. Rathinam vs Union of India 1994, SC held that the right to live under Article 21 can be said to bring in its trail the right not to live a forced life, and therefore, section 309 violates Article 21. Court observed that all fundamental rights have positive connotations as well as negative connotations. Like Freedom of speech also contains freedom of silence, freedom of movement also contains freedom not to join any movement. SC not only decriminalised the attempt to suicide but also observed that the ‘right to life’ includes the ‘right to die’. 2. In Gian Kaur (1996) case, a five judge bench headed by Justice J.S. Verma overturned the 1994 decision which brought Section 309 back to life and made ‘right to die’ unconstitutional. Arguments against decriminalizing Suicide: 1. A person may be the sole bread winner of his family. In such a situation his family would be driven to destitution (SC observation in Gian Kaur 1996 case) 2. May enhance abuse of law, particularly in cases of dowry death, honour killings and by child incase of elderly parents. 3. Some states have expressed reservations citing suicide bombers and agitators fasting to pressurise government (ex: Manipur’s Iron lady, Irom Sharmila on fast unto death against AFSPA)

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Arguments in favour of decriminalizing Suicide: 1. Continuation of Section 309 is considered an anachronism unworthy of human society in the 21st century. 2. Law Commission, in its 210th report in 2008 recommended that the suicide bids be decriminalized. Intention to commit suicide should be seen as a manifestation of a diseased condition of mind, requiring care and treatment, not punishment 3. It is the only law which penalises for not being successful in committing an offence 4. Terminally ill patients who want to die with dignity should be allowed to sleep without pain, trauma and in peace. Decriminalising attempt to suicide is one thing and conferring a ‘right to die is another: 1. Right to silence or right not to do business constitutes merely temporary suspension of rights and on any future date a person may exercise these rights. But once a life is extinguished, it is lost forever. 2. Some facts: India has highest suicide rate in world after China. Every 4 minutes someone ends his/her life. Suggestions: 1. The better option is not to punish anyone for attempting suicides but the law may be allowed to remain on the statute book as the chances of abuse of its deletion are very high. 2. Suicide and mercy killing are different. In the latter a third party is involved. We should certainly have a law permitting euthanasia, but not suicide. Jain practice of Santhara (by Svetambara) or Sallekhana (by Digambara): 1. In 2006 PIL by Nikhil Soni v. UoI case, Rajasthan HC has concluded it as a criminal offence under section 309. 2. PIL argued that death by Santhara (fast unto death) was not a fundamental right under Article 25 (freedom of conscience and free profession, practice and propagation of religion), because it violated the right to life guaranteed under Article 21. Criticism: 1. It’s a social evil, and old people are made to undertake Santhara/Sallekana by family members who don’t want to look after them for a variety of reasons.

Euthanasia 1. A Greek word which literally means a good death but in this context means mercy killing. 2. This debate cuts across complex and dynamic aspects such as legal, ethical, human rights, religious, economic, social and cultural aspects of the civilised society. Assisted dying Vs. Euthanasia: 1. Assisted dying involves a doctor prescribing a life ending dose of medication to a mentally competent, terminally ill adult at his request. It is the patient who administers the medication to himself. 2. Euthanasia, the life ending medication is administered to the patient by a third party, usually a doctor (Active Euthanasia) or Life support is withdrawn by the doctors with the consent of the relatives (Passive Euthanasia) . UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Arguments Against Euthanasia: 1. Constitution of India: ‘Right to life’ is a natural right embodied in Article 21. It is the duty of the State to protect life. (Gian Kaur case 1996) 2. Neglect of Healthcare by State: State may refuse to invest in health (as seen in decline in the quality of care for terminally-ill patients in Netherland where Euthansia is legalised ). 3. Malafide Intention: misuse of euthanasia by family members or relatives for inheriting the property of the patient. (SC raised this in Aruna Shaunbag’s judgement) 4. Commercialisation of Health Care: commercial health sector will serve death sentence to many disabled and elderly citizens of India for meagre amount of money 5. Palliative and rehabilitative care: many terminally ill patients requesting euthanasia, have major depression. 6. Euthanasia amounts to violation of doctors ethical duty (to save life) eg Hippocratic Oath and they should not yield to patient’s ‘fleeting desire out of transient depression’ to die. Arguments In Favour Of Euthanasia: 1. Law Commission 241st report favoring its monitored use. 2. Right To Die With Dignity: incurable, degenerative, terminally ill patients should be allowed to die with dignity. 3. Care-givers Burden: Across various domains such as financial,emotional, physical, mental and social. 4. Free up medical funds to help other people. 5. Refusing Care: Right to refuse medical treatment is well recognised in law, including medical treatment that sustains or prolongs life. A patient suffering from blood cancer can refuse treatment. Also debated that allowing medical termination of pregnancy before 16 weeks is also a form of active involuntary euthanasia. 6. Encouraging Organ Transplantation: will help many patients with organ failure waiting for transplantation. SC judgement: 1. SC turned down a friend’s plea for mercy killing of vegetative Aruna Shanbaug saying that only hospital could make such a request. It turned down any backing for active euthanasia. 2. SC in 2011, Aruna Shanbaug case ruled in favour of passive euthanasia and laid down the procedure until the Parliament makes any legislation in this regard. High court to constitute a 2 member judges bench which will decide on the basis of recommendation of a 3 member committee of reputed doctors. Conclusion: 1. Constitution of India reads ‘right to life’ in a positive direction of protecting life. State should fulfill its obligation by providing food, safe drinking water and health care. 2. SC judgement is also endorsed in respect that our contemporary society and public health system is not matured enough to handle this sensitive issue which can be re-examined again after a few years depending on the evolution of the society.

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3. Investment in health care is not a charity; ‘Right to Health’ is bestowed under ‘Right to Life’ of our constitution.

5 year Plan (FYP) to 15 year 1. The Centre has decided to discontinue five-year plans after the current one, which ends in March 2017, and replace it with a longer vision of 15 years that will factor in social goals and sustainable development goals. 2. The government intends to put in place a 7-year strategy as part of what will be called a ‘National Development Agenda’ (NDA) to convert the long-term vision into a policy statement that can be implemented. 3. Unlike the five-year plans, which largely focused on social and economic sectors, the ‘NDA’ will also extend to defence and internal security. 4. The ‘NDA’ will be reviewed every 3 years with the first mid-term appraisal due in 2019-20.

Criminal Defamation (Sec 499, 500 IPC)/Sedition/Freedom of Speech 1. Section 499: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. 2. Section 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. 3. Frequent recourse to law of criminal defamation. It is mostly due to the inability of public figures to tolerate criticism and their repeated resort to criminal defamation proceedings to stifle adverse comment. 4. criminal defamation has a chilling effect on free speech and undermines public interest by coercing the media to observe self-censorship and self restraint. 5. There is little hope that the State will give up the use of this weapon against adverse coverage. 6. Democratic opinion in many countries is of view that defamation should be treated as a civil wrong and should not be pursued as a criminal case. 7. In 2011, the Human Rights Committee of the International Covenant on Civil and Political Rights called upon states to abolish criminal defamation,noting that it intimidates citizens and makes them shyaway from exposing wrongdoing. 8. It is time India’s lawmakers scrapped criminal defamation from the statute book. In favour: 1. Defamation should remain a penal offence in India as the defamer may be too poor to compensate the victim in some cases. SC verdict 2016 in favour of section 499/500 1. Supreme Court upheld the constitutional validity of 156-year old colonial penal laws (Lord Macaulay’s IPC 1860) criminalising defamation. 2. The court didn’t agree with contentions that criminalising defamation attacks freedom of speech and exp under Art 19(2) and have a chilling effect on fundamental right. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. The court has sought to create an artificial balance between the fundamental right of free speech under Article 19(1)(a) and the right to reputation as part of one’s right to life under Article 21. 4. A free press is the heart and soul of political intercourse and is a public educator, but this freedom is not absolute and cannot be used by the media to cause injury to an individual’s precious reputation. 5. Court said that it is a “crime”committed against society at large and the state has a duty to redress the hurt caused to its citizen’s dignity. Criticism: 1. Making defamation a criminal offence is retrograde and out of tune with the times. Many countries, including neighbouring Sri Lanka, have decriminalised defamation, which should be a civil offence alone. 2. Its existence on the statute book leads to self-censorship, and that it is often used to stifle legitimate criticism, curbing dissent. 3. It is invariably a shield for public servants, political leaders, corporations and institutions against critical scrutiny as well as questions from the media and citizens.

Sedition - 124A of IPC 1. is a pre-independence provision (anachronism) which covers sedition charges against government. 2. In 1962 Kedarnath vs state of Bihar case, SC upheld Section 124A - it struck a “correct balance” between FR and need for public order. It should be invoked only if it incites violence or law and order problems. Also reaffirmed in Shreya Singhal case (2015). 3. Human rights activists - section is draconian and should be got rid of. 4. Sedition clause of IPC can be invoked against whoever, by “words, either spoken or written, or by signs or by visible representation or otherwise, brings or attempts to bring into hatred or contempt, dissatisfaction and provoking violence” against the central or state government. 5. Art 19(1)(a) : Constitution provides Freedom of Speech and Expression as FR. Not an absolute right. State can impose reasonable restrictions on the grounds of sovereignty and integrity of India, security of state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Popular cases under sec 124A: 1. Sedition charges against cartoonist (anti-corruption cartoons) Aseem Trivedi, writers like Arundhati Roy. 2. Protesters of Kudankulam nuclear plant 3. JNU student leader Kanhaiya Kumar (for supposedly raising anti-national slogans) 4. Amnesty Int’l campaign for Human Rights violations in J&K. It ended in heated arguments and pro-azadi sloganeering.

Section 295(A) of IPC 1. Abuse of 295 (religious grounds) has had a chilling effect on fundamental right of free speech and expression. 2. Cases against eminent personalities like M F Hussain, Tamil author Perumal Murugan over ‘hurt sentiments’ show its abuse.

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3. No citizen should be deprived of her liberty unless one’s speech/expression threats communal harmony or peace. Criticism: 1. Chilling effects on free speech. Used to curb dissent. Mainly targeted who question government policy/projects. 2. It stifles democratic right of people to criticize the government. The draconian nature of this law - non-bailable, non-cognisable and punishment that can extend for life - has a strong deterrent effect on dissent even if it is not used. 3. Free and unrestrained Press is reqd to help form public opinion on govt policies. Free and unrestrained press Way fwd: 1. Provisions of section should be construed to limit their application to acts with tendency to create violence or law and order problems. 2. Clear guidelines to ensure it strikes a balance between security and smooth functioning of state with FR of freedom of speech & exp. 3. Britain too have abolished the colonial law. Its time India should join their ranks.

Section 199(2) to (4) of CrPC 1. SC observed that, “a public servant is entitled to file a complaint through the public prosecutor for alleged defamatory comments on account of discharge of their public functions”. The provision gives them protection for their official acts. 2. Also, one is bound to tolerate criticism, dissent but not expected to tolerate defamatory attack. This right of a public servant to file a defamation complaint is over and above his or her right under Section 199 (6) to personally file a complaint before a Magistrate. Law reforms 1. India has 2500 central laws, country with one of the highest number of laws in its statue books, but implementation has been consistently poor. 2. Reasons: Design issues; Capacity constraints; Corruption; Absence of post legislative scrutiny/ review of laws. Need for review: 1. Can assess whether the anticipated objectives have taken place on ground. 2. Identify any unintended effects. Int’l examples 1. In 1990’s many European countries/US developed better legislation by including ex-ante (through public feedback) and ex-post (through data collected) evaluation of legislations. 2. UK reviews its laws every 3-5 years. Similarly Australia most laws are reviewed every 2 years and they expire after 10 years.

Forest Fires 1. Frequent in western Himalayas during dry summer months. recent fire in Uttarakhand hills in April 2016. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Causes: 1. Replacement of broad leaf Oak and Chestnut trees (which prevented drying of fallen leaves due to canopy coverage) by pine needle leafed trees. The dry litter on forest floor is highly inflammable. 2. Scant rains, with a dry spell in winter, El Nino and climate warming have also led to early forest fires. Natural: 1. High atmospheric temperatures and dryness caused due to low humidity can cause fire. 2. Lightening due to thunderstorms 3. In dry seasons, friction between rolling stones in mtn areas and dried leaves can cause spark. 4. Volcanic eruptions Anthropogenic: 1. Slash and burn cultivation 2. To get better grass/fodder crops 3. To get better flush for tendu leaves 4. For clearing forest paths by villagers. 5. For concealing illicit felling. 6. Burning farm residue may spread to forest. 7. To ward off wild animals. 8. Camp fires during winters. How to check and manage forest fires: 1. Introducing practices of controlled burning. Clearing stretches of ground vegetation in b/w forest areas to arrest the spread of forest fire. 2. Real time monitoring by satellite imagery. 3. Use of specialized aerial fire-fighting aircraft to drop water, and other fire retarders can be used. 4. Environmental education to local residents and officials. The use of biomass alternatives, including cooking gas, reduces fire risk. 5. Community-led ‘van panchayats’ (forest councils) to be vigilant of forest fires. A participatory approach is key to success. 6. Arresting spread of pine trees in Himalayan region. 7. Modern fire-fighting techniques like the Early Forest Fire Detection Using Radio-Acoustic Sounding System, Doppler radar, etc can also be used. 8. Communication - via print/electronic media, community radio, TV should be used to raise awareness. Broadleaf forests : They trees which have flat leaves and produces seeds inside of fruits as against conifer forest with needle-like leaves and seeds borne in woody cones. Broad-leaved forests are confined to humid and moderately humid regions. In India, they are found in eastern Himalayas and are depleting in the western Himalayas. Reasons for their downfall: 1. Due to regular forest fires they are rapidly replaced by the fire-resistant chir pine. 2. Due to economic reason more pine trees are planted. Pine provides resin and being a soft wood is highly sought after.

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Utility: 1. In dense broadleaf forests, there is very little run-off during the heaviest rainfall. Ground water recharge in more efficient. So soil would not be too dry during dry season. 2. Broadleaf forests stabilise underground water systems. Vegetation is not very dry and hence less vulnerable to forest fires. 3. Depletion of broadleaf forest leads to the drying of springs. 4. The canopy casts shadow and prevents excessive heating of dry leaves in the ground.

Nation/Nationalism/ JNU controversy 1. The row revolves around “anti-India” sloganeering by some JNU students in an event organised to commemorate the hanging of Afzal Guru, a convicted terrorist, within the campus. Nation and Nationalism: 1. The concept of “Nation-state” and “Nationalism” are a relatively modern phenomena that can be traced back to the Treaty of Westphalia of the 17th century Europe. 2. History shows Nation-state is not a natural entity but is an artificial construction to recognize sovereignty of nation-states. 3. While nation is a mental construct reflected in a sense of belonging, state is a political construct with 4 elements - territory, population, government and sovereignty. 4. There can one nation and two states like Korea, or one state and two nations like Sri Lanka, one stateand one nation like Japan or one state and many nations like India. Significance of Nationalism: 1. Motivating factor of most anti-colonial struggles across the world, like India. 2. It acts as the binding agent for different diverse cultures and groups strengthening the nation. Challenges: 1. Nationalism tends to easily take extreme form and is responsible for most devastating wars and atrocities like Jewish Holocaust, Genocide in Chechnya/Rwanda. 2. Creates artificial lines of difference within human race. Way ahead: 1. A healthy amount of nationalism should be the end goal 2. Rather then suppressing any secessionist tendencies, the core grievances should be understood and addressed.

Commercial surrogacy: 1. $2.3 billion industry in India. Nearly 25,000 children are born to surrogates per year. 50% clients from west (reproductive tourism). 2. Most surrogates are housemaids. Paid around 4-8 lakhs. 3. Commercial Surrogacy has been legal in India since 2002. Earlier in 2008, SC permitted commercial surrogacy in India in the Manji’s case (Japanese boy).s 4. Govt doesn’t support commercial surrogacy and has brought the bill which is currently circulating among states for comments. However govt said that it will allow “altruistic surrogacy to needy, infertile married Indian couples” after thorough checks. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Assisted Reproductive Technology (ART) bill 2014 Key features : 1. Boards: National and State boards for (i) permitting ART procedures, (ii) providing eligibility criteria for selection of patients, (iii) enforcement of policies related to ART, and (iv) research on human embryos. 2. National Registry: listing details of ART clinics and ART banks. 3. Permissions: Prior permission from the Registration Authority for ART and Penalties: In case of contravention. 4. Intending parents to bear medical expenses, insurance, legally bound to accept the child irrespective of any abnormality or separation of parents before the child is born. 5. Healthy women of 23-35 age with her own child above 3 yrs & consent of her spouse can become a surrogate mother. 6. Limit surrogacy to married Indian infertile couples, NRI, PIO, OCI, and foreigners only if married to Indian citizen. What India a favourable destination: 1. Cheaper, Mushrooming of IVF clinics, 2. No regulating framework, 3. Availability of surrogates. Arguments in favour of commercial surrogacy: 1. livelihood for many women, 2. boon for intending parents. Arguments against commercial surrogacy: 1. womb seen as market, (in absence of comprehensive laws to prevent exploitation, surrogates have died as a result of complications during pregnancy or unavailability of post natal care) 2. cases of cheated parents, 3. unqualified doc’s, unscrupulous agents. 4. Law Commission in its report has also recommended against commercial surrogacy and also need for a legislation to regulate it. Ethical and Moral issues: 1. Babies conceived through injection (not natural), 2. Surrogacy is a good deed that pays well. Way ahead: 1. Framing a proper law needs careful thought, good technical inputs and political will. 2. Sudden and arbitrary ban may lead to chaos among surrogate and would push the business underground. 3. formulate better laws to regulate the activities of bogus embryologists, doctors and agents who lure and cheat both the vulnerable parties. 4. Right to privacy of donor as well as surrogate mother should be protected. And sex-selective surrogacy should be prohibited. 5. Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.

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Uniform Civil Code 1. It means one national civil code which will be applicable to all the citizens irrespective of their religion. It covers areas like marriage, divorce, maintenance, inheritance, adoption. 2. Currently different religious laws regulate these aspects. eg: Christian couple to be judicially separated for 2 years before getting a divorce while it is 1 yr for Hindu and non-Christians. Arguments in favour: 1. Art 44 says “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. 2. Article 37 says DPSP are not enforceable by courts but they are fundamental in governance of the country and state shall strive towards fulfilling them. 3. Inconsistency in personal laws has been challenged on the touchstone of Article 14, which ensures the right to equality. ex: Muslim personal law based on Sharia Law (Shah Bano case 1985), Khap panchayat rulings. 4. Gender biased laws. eg Maternity Leaves 5. India needs UCC to be secular, to reduce burden on legal courts, it would bring unity and uniformity, effective implementation of laws, brings gender justice, curbs vote bank politics (like Congress passed The Muslim Women’s (Protection of Rights on Divorce) in 1986 to circumvent the court’s ruling in Shah Bano case 1985). 6. It will help improve condition of women in patriarchal society. Checks human rights and FR violation by informal bodies like Khap Panchayats and Madrasas by plugging the loopholes in the personal laws. 7. Practices like triple divorce, polygamy, unilateral diverse, restricted access to inheritance needs to wither away just like sati. 8. Every modern state has a UCC which truly embraces secularism. 9. It will also help in reducing vote bank politics. If all religions are covered under the same laws, the politicians will have less to offer to communities in exchange of their vote. Challenges: 1. Article 25, which guarantees the freedom to practise, profess and propagate any religion. Religious institutions are of the view that any such code would violate the religious freedom and may lead to domination of the majority practices. 2. Opposed due to communal and political overtones. 3. India has a strong and long history of personal laws and it cannot be given up easily. Way forward: 1. Clause (2) of Article 25 empowers the State to frame any law to regulate or restrict “secular activity which may be associated with religious practice”. So it doesn’t curb the religious freedom and only touches secular aspects. 2. Goa already has a UCC and can act as a role model. 3. A consensus should be built by inculding all the stakeholders and accordingly a piecemeal reform strategy rather than a holistic reform starting with what minorities are comfortable can be brought. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Prison reforms: New Prison Manual 2016 with focus on bringing reforms related to 1. access to free legal services (Art 39A) 2. additional provisions to women prisoners and pregnant prisoners (sensitising staff / training related to gender issues and sexual violence, health care, focused after-care and rehabilitation measures to ease women;’s integration into society). Also Provision of food, clothing, medical care, education, recreation of children of women prisoners. 3. Right of prisoners sentenced to death (mental health evaluation, provision of legal aid even after rejection of mercy petitions) 4. Modernisation and Prison computerisation (use of tech for record keeping, CCTV cameras for prevention of human rights violation) 5. Focus on after care services and rehabilitation

Antiquities Recent cases: 1. Kohinoor case, shows the poor track record in restitution of antiquities from foreign. 2. Subhash Kapoor, an international antiquities dealer currently in prison for his alleged involvement in the theft of 18 idols from Tamil Nadu, but sadly his name didn’t appear in list provided to Parliament on stolen antiquities. Measures: 1. 1970 UNESCO Convention, prohibits illicit trading and transfer of ownership of cultural properties including antiquities. However, it does not cover any recovery claims of antiquities either smuggled or exported before 1970. 2. The Antiquities and Art Treasures Act, 1972, mandates compulsory registration of antiquities. 3. National Mission on Monuments and Antiquities 2007 - launched by Ministry of Culture to document about 70 lakh antiquities. But until 2014, it had documented in 8 lakh artefacts. Challenges: 1. Lack of an integrated database of existing and stolen antiquities/ artefacts. In comparison, Cultural Heritage Squad of Italian Armed Police force has built an impressive database of 1.1 million missing artefacts, and has recovered more than 0.8 million stolen artefacts within the country. 2. At national level CBI handles the antiquities theft as part of Special Crimes Division. But it hasn’t built the capacity to deal with stolen artefacts. 3. The Antiquities and Art Treasures Act 1972, has a cumbersome process for registration and hence many private collectors dont register antiquities in their possession. 4. The state of Indian museum is another sad story. CAG in its report gave scathing remarks about the poor acquisition, documentation and conservation systems. Way fwd: 1. Justice Mukul Mudgal Committee 2011 submitted a report recommending changes to the act but they are yet to be acted upon.

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Prison Reforms: 1. Brutal murder of a women life convict in Byculla’s women Prison in Mumbai has brought focus back to custodial violence. 2. in the light of Supreme Court decisions, the Model Prison Manual of 2016 and relevant UN resolutions, steps should be taken by govt to modernize jails and amenities. Issues: Social Political issues: 1. being used as instruments of social control, Denied basic human rights, lack proper medical care, unhygienic conditions. 2. Very limited access to family and no communication without censorship from prison authorities, 3. Devoid voting rights; 4. Entry restriction on visitors - individuals, press, NGO. Executive overreach indicating deep suspicion and mistrust b/w state and civil society. Infra/Info issues: 1. Overcrowded prisons. ex: Tihar Jail has 3-4 times its capacity. 2. Lack of quality legal aid services (though free legal aid is provided) by providing services of good lawyers to defend them. 3. Financial system of bail: Many in jail due to petty issues and unable to avail cash bail due to lack of money. Procedural issues: 1. Majority of inmates under-trial prisoners (65%), no one really knows whether they have committed any crime at all. 2. Most of them extremely marginalised and deprived sections of society. Further delay in trials aggravate the situation, adds mental agony, expense and strain. 3. Increasing # of Custodial Deaths/Violence. 4. Long trial process, poor judge: population ratio (14/million compared to 35-40/million in developed countries) SC judgements: 1. 2015 judgement - immediate release of undertrials who have completed 50% of max possible sentence on a Personal Recognizance(PR) bond (mentioned under section 436A in CrPC). Also directed NALSA to coordinate with states for their release. However we may have a far greater number of prisoners in prisons for less serious offences who can be released on a PR Bond under Section 436. Suggestions: 1. Bringing more transparency in procedures. 2. Improving infra to avoid overcrowding; digitisation of courts, judge: population ratio 3. implementing the provision of the police granting bail in bailable offences while the undertrial is in police custody 4. fast track courts (some criticize as it has come at cost of justice as judges are in hurry to finish trials) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. Law college students can provide legal guidance to undertrials. Para legal workers and make regular visits to prisons and identify cases which can be released on PR bond under section 436/ 436A.

Shyam Benegal Committee on framework for certification of films and revamp of CBFC (Central Board of Film Certification) 1. CBFC - constituted as a statutory body on the basis of the Cinematograph Act, 1952, needs radical revision in a world where the idea of state censorship has few takers. 2. It assigns certifications to films, television shows, television ads, and publications for exhibition, sale or hire in India. 3. The Board consists of non-official members and a Chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai. 4. Earlier committee: Justice Mukul Mudgal Committee in 2013. Objective 1. Children and adults are protected; Artistic expression and creative freedom;Responsiveness to social change. Recommendations: 1. CBFC should only be a film certification body whose scope should be restricted to categorizing the suitability of the film to audience groups on the basis of age and maturity. 2. Categorization should be more specific: Like UA should have subcat - UA12+ and UA15+. Similarly A should have subcat as A and AC (Adult with Caution). 3. The total composition of board should be max 9 M +1 C. There should be atleast 50% representation of women in Panel. 4. Online submission of applications. 5. Recertification of a film for purposes of telecast on TV or any other purpose.

Triple Talaq 1. PIL filed to seeks a writ or order declaring the practices of instantaneous divorce, bar against remarriage with divorced husband without an intervening marriage with another man, and polygamy under Muslim personal laws as illegal and unconstitutional.

Anti-Defection Law 1. 52nd CAA added 10th schedule to constitution in 1985, which laid down a process by which legislatures maybe disqualified on grounds of defection. 2. An MP/MLA is deemed to have defected if he voluntarily leaves the party or disobeyed the party leadership/whip on a vote. 3. Independent members would be disqualified if they joined any political party. 4. Nominated would be disqualified if they joined any party after 6 months of getting elected. 5. The main intent of law was “to deter the evil of political defection” motivated by lure of officer or other considerations.

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Few exceptions are allowed: 1. If Speaker/Chairman resigns from his party and she could join back after resigning from the post. 2. A party could be merged into another of 2/3 of its party legislators voted for its merger. (The initially permitted for splitting for parties but now that has been outlawed) Current Situation: 1. Of so far 26/62 complaints in LS have been disqualified. 4/4 in RS. 113/268 in state LA. Challenges and Interpretation: 1. Does the impinge on right of free speech of legislators/suppression of healthy intra party debates and dissent? A member may be unable to express his actual belief or interests of his constituents. 2. 1990 - Dinesh Goswami Committee on electoral reforms recommended that law can be restricted to Confidence/No-Confidence motions. 3. 1997 - Law Comm 170th report recommended that political parties issue whip only when govt was in danger. 4. 1992 - Kihoto Hollohan vs Zachilhu : SC upheld the law. 5. Also loss of membership is hardly a penalty in case ahead of scheduled elections (or if the house is likely to be dissolved). 6. Should the law apply only to pre-poll alliances? The rationale is that representative are elected on party’s programme can be extended to pre-poll alliances. Advantages: 1. Law would ensure stability of govt in an environ where money power can be used to persuade individual MPs to bring down elected govt. Decision of Presiding Officer: 1. Final decision is subject to Judicial review in HC/SC. (Kihoto Hollohan case) 2. Since the speaker is usually the member of ruling party, there is a need for independence of defection judgement. The Goswami Committee, the Election Commission and the Venkatachaliah Commission to Review the Constitution (2002) have recommended that the decision should be made by the president or the governor on the advice of the Election Commission. This would be similar to the process for disqualification on grounds of office of profit.

RTI 2005- Right to information - a new activism (10 yrs of success) 1. According to Information Commission’s report 50 lakh RTI applications per year. 2. Nearly 1% of electorate uses RTI every year. (nearly 2% population has used it so far) 3. RTI enthusiasts have used it as a powerful tool to get answered about constitutional rights, empowering individuals and keep officialdom on its toes. 4. RTI has brought transparent administration where every action of a govt servant is ready for scrutiny through RTI. 5. It has created a culture of questioning, debate in a hitherto closed society. People have owned the law like no other. 6. Build a more informed, equitable and robust decision-making process. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Issues with CIC: 1. A high number of cases (>40,000) are pending before the CIC. Information sought through RTI applications is often most relevant at a particular time. If an appeal before the CIC routinely takes more than a year to be heard, citizens may not find it imperative to turn to it. 2. Another problem is the CIC’s inability to ensure compliance with its orders. The CIC does not have contempt powers and the only way in which it can ensure compliance is to use its power to impose a penalty. 3. Order of the commission that 6 national political parties also come under the ambit of RTI has been out rightly rejected by the political class which hampers the efforts to bring in financial and operational transparency in the bodies operating in public domain and using taxpayers’ money. 4. There has been a decline in the number of cases disposed by the commissioners. 5. State Information Commissions are suffering form even poorer implementation of Act both in letter and spirit. 6. The information commission should become fully autonomous, along the lines of the Election Commission, and thus becomes a constitutional body. Way forward: 1. Political attitude needs to be changed. 2. Public authorities should set their internal machineries right so that more informationis in public domain and there is no need for RTI pleas. 3. Need of an independent and efficient CIC as RTI is crucial to participatory democracy.

Water Crisis/ Shortage/ Drought 1. Water levels at 91 major reservoirs nationwide are the lowest in a decade - no more than 29%. 2. India uses 37% more fresh water than China and half of its groundwater resources are contaminated. 3. Grave drought situation in 257 districts across India. Nearly 33 crore people are affected. 4. India, with 2.5% of global landmass, has 4% of the world’s freshwater resources. This has however come under increasing demographic stress since India is home to about 16% of world population and the distribution of freshwater is skewed spatially and temporally. Also, the usage has been inefficient and wasteful. 5. 2 back to back droughts. Water Scarcity both - natural and man made phenomenon. 6. Acc to Eco Survey 2016, India is a net water exporting country. Eg: 1 kg of rice exported has consumed 3000-5000 litres of water. Reasons: 1. Increasing population, growing industrialisation, expanding agriculture and rising standards of living have pushed up the demand for water (consumerism). Reasons behind the crisis in Maharashtra: 1. Maharashtra has only 18% of its cropped area under irrigation compared to All India avg of 47% and Punjab with 97%. 2. Maharashtra is also hugely under-investing in developing its irrigation cover, just Rs 7,000 crore compared to Rs 25,000 crore in Telangana.

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3. Sugarcane occupies 4% of gross cropped area in Maharashtra’s agri but takes away 2/3 of the state’s irrigation water. 4. Highly subsidized water and power for agri creates excess demand, triggering a scramble for these scarce resources. What needs to be done? 1. Removing the elitist biases in public policy making and resource allocation. 2. But, just pouring more money will not have the desired results. Maharashtra needs scrutinising its irrigation expenditures and irrigation potential, in comparison with similar states to find out why huge investments in past haven’t yielded results. 3. The government has already decided that in the next 5 years, no new sugar factories can come up in Marathwada. It’s a welcome step, but care should also be taken to monitor the existing 20 sugar factories. 4. Water Pricing: Water is scarce, the only way to manage demand is either raising its price progressively with use, or by rationing quantity. 5. Govt should make drip irrigation compulsory for sugarcane. Drip/sprinklers and other conservation devices will save almost 40-50% water. Agriculture alone consumes more than 78% of total water. 6. Convergence between schemes: Govt has increased provision of work under MGNREGA from 100 to 150 in drought hit regions but the avg number of days in many of these districts have remained under 100. 7. Supreme Court has asked the govt to establish a specialised NDRF force to deal with drought disaster. 8. Update 60-year-old Drought Management Manual keeping in mind “humanitarian factors” like migrations, suicides, extreme distress, the plight of women and children. 9. Subsurface water resources belong to the property owner. This needs to change. Landowners should be free to tap the annually rechargeable water table through open wells on their property, but deep aquifers need to be treated as a common resource. 10. Revision of MSP and Public Procurement policies : which currently promote water-intensive crops. 11. Several countries like Singapore have benefited from the pricing regime. India needs to do the same. Issues 1. A drought definitely falls under the definition of ‘disaster’ under Section 2(d) of the Disaster Management Act of 2005. But, governments have not even tried to enforce the statute. 2. States such as Bihar, Gujarat and Haryana are not even willing to acknowledge, leave alone address a drought. The failure to declare drought by these States has robbed the poor of their fundamental right to dignity of life. 3. SC held that Centre is also to be blamed for taking refuge in the concept of “federalism” to pass the buck to the States for declaring and managing drought and providing only financial aid.

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Mihir Shah Committee 1. set up by Ministry of Water Resources has recommended setting up a National Water Commission. It will subsume CWC and CGWB. 2. Commission aims to reduce inter-state water disputes, better planning and water conservation. 3. Time for multidisciplinary view of water and Ground water & surface water must be viewed in an integrated and holistic manner.

Simultaneous elections Lok Sabha and Legislative assemblies/ Electoral reforms Background: 1. The first 4 general elections to LS from 1952 to 1967 were held simultaneous with all state assemblies. However due to premature dissolution of some LA in 1968 and 1969 the cycle got disrupted. 2. The LS also got dissolved prematurely in 1970 and fresh elections were held in 1971. Later the term of 5th LS was extended till 1977 under article 352. What’s happening now: The 78th report parliamentary standing committee on Law and Justice submitted it recommendations: 1. It suggested 2 phase election schedule to make LS and LA elections co-terminus. Concerns: 1. There are polls every year in some part of the country or the other. With the Model Code of Conduct coming into force in one State or the other and even for the Centre in some cases, this leads to administrative lethargy, and issues. 2. In case of early dissolution of LS, than would it be valid to disturb the mandate of all the state govts. 3. Huge task and increased burden for EC to conduct elections. 4. Similar voting at state and centre by voters may favour a single party. Rather individual manifestos of the party at centre and state should should decide and it requires separate elections. Merits: 1. Governance gap due to multiple elections leads to policy paralysis and governance deficit. Ministers, dist adm and parties are wasting too much time and money in campaigning. Moreover govt cannot announce any new schemes, new appointments without EC approval. 2. Economies of scale and also saves cost of elections : Both to govt/EC and political parties/candidates for campaigning expenses and administration. 3. Improvement in voter’s participation due to simultaneous elections (esp migrants dont have to travel twice to vote).

Good Samaritans 1. or helpful bystander/ passer-by who render help to the victims of road accidents. 2. Following SC order on a PIL (by NGO SaveLife in 2012), the govt has framed a SOP to protect Good Samaritans. SC has also asked states to follow centre’s guidelines that encouraged witnesses in road accidents to report to police and also help survivors with medical treatment. 3. India sees nearly 1.5 lakh fatalities in road accidents per year.

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Objective: 1. to encourage people to offer assistance without the fear of any criminal or civil liability. 2. to encourage more citizens to get involved in the rescue of accident victims, especially during the ‘golden hour’ that can make the difference between life and death. Guidelines: 1. No bystander rushing to the rescue of an accident victim should be subject to civil or criminal liability and/or be forced to be a witness. 2. Any disclosure of personal information or offer to be a witness, in the event of the Good Samaritan also being an eyewitness to an accident, ought to be voluntary. 3. Further, the examination of such a volunteer as a witness shall be done only on a single occasion and without harassment or intimidation. 4. State governments may also institute a system of reward and compensation to encourage more bystanders to be Good Samaritans, and initiate action against officials or police personnel violating these guidelines. Monetizing land resources, the potential is considerable given the under-utilized prime lands of loss making PSU’s, port trusts, railways.

Labour reforms: 1. Labour laws are on concurrent list. 2. Uniform labour code applicable for org and unorg sector is in progress. 3. Over 25% of world workers are Indian. With avg age of 29, India is in middle of democratic boom. So labour reforms are sine-qua-non for double digit growth. 4. 93% of 49 crore workforce is in unorganised sector. Over last decade CAGR of employment has slowed down to 0.5%. 5. Share of manufacturing in India’s GDP has stuck b/w 14-18%. Need of reforms: 1. Currently there are too many archaic labour laws which hamper growth and investment. 2. Pruning of these unruly legislations which make it easy for companies to hire and fire as they wish, and pay whatever salaries they can get away with. 3. Labour Union neutralisation - The right to collective bargaining is enshrined in our Constitution. Article 19(1)(c) grants all citizens the right to form a union. Contract Labour (Regulation and Abolition) Act, 1970 that prohibits employment of contract workers for core industrial work. Yet the labour still face the brunt. 4. In a bid to root out the inspector raj or rule of inspectors, which has deluged employers with paperwork and riddled the system with corruption, the word inspector will be changed to facilitator. 5. According to the World Bank, India has one of the world’s most rigid labour markets, but fears of a trade union backlash and partisan politics have deterred successive governments from reform measures. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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6. Currently to avoid complications contractual labour without social security benefits and termination protection is preferred. Permanent workforce is more efficient/ trained and motivated compared to contract, which also raises productivity/ efficiency/ GDP. 7. Recent issues: Manesar Maruti 2012 incidence. Features: 1. It subsumes 44 existing centre laws and 150 state laws to create 1 Act. 2. Aims at attracting FDI and turning India into Manufacturing hub. 3. Will replace the existing Minimum Wages Act, Payment of Wages Act, Payment of Bonus Act and Equal Remuneration Act. 4. New law is expected to bring transgenders into the official labour force, creating a new category for them. 5. Include provisions to punish errant employers - including a fine of Rs.50,000 to 1 lakh for employers who fail to pay minimum wages. A fine of Rs.10,000 will be imposed on employers who fail to keep records. 6. The 4 codes being created out of 44 existing laws are: 1. Labour Wages - unify the wages through country across all sectors. 2. Industrial Relations - will amalgamate all laws. 3. Social Security and welfare - provide health insurance and pension for old age. 4. Safety and working conditions - ensure safety at workplace. Measures taken 1. ShramSuvidha, a unified labour portal scheme, has been launched to provide timely redress of grievances and facilitate self-certification by industry. 2. Exemption for startups under Startup India from labour inspection for first 3 years to improve ease of doing business. 3. Some states like Guj, Raj have initiated reforms to attract investments due to flowing spirit of competitive federalism. Way fwd: 1. Better labour laws will bring more FDI, increase manufacturing, provide employment to millions and will sustain ‘Make in India’. 2. New entrepreneurs coming up under ‘Start up India Stand up India’ will also get exemption. Trade Unions raise objections for such exemptions as this development comes at cost of labour welfare. 3. Minimum wages should be rationalised and should be inflation-indexed. 4. As no labour laws are applicable to apprentices, it should be made sure that they are not transformed into contract labour. MNREGA can be linked to apprenticeship programmes in industry and agri sector.

Black Money 1. is a term used in common parlance to refer to money that is not fully legitimate in the hands of the owner.

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2. It is also termed as parallel economy and is projected to be at scale between 50-100%. 3. It has been augmented since liberalisation due to Illegal activities such as crime and corruption, non-compliance with taxation requirements, complex procedural regulations, cultural and social practices, globalization along with weak institutional, policy, legal and implementation structures. 4. Sources : 1. Real estate (to escape capital gains tax by under-reporting value of property transactions) 2. Bullion/Jewellery mkt: allows buyer to convert his black money in gold, traders can keep unaccounted wealth in stocks. 3. Financial mkt transactions : use of shell companies for round-tripping money by creating a network of transactions. 4. Public procurement : corruption due to rigged procurement process. 5. NGO : as they enjoy several tax benefits, they are used for parking funds by politicians and businessmen. 6. Informal sector and cash economy: large unbanked and under-banked areas. 7. Transfer pricing: Transfer profit to no tax or low tax jurisdictions by MNCs. ($160 billion loss to developing nations/yr) 8. Trade based money laundering : disguised trade transactions to legitimize illicit money. 9. Tax havens : small jurisdictions with low or nil taxation 10. Hawala transactions: informal and cheap method of transferring money w/o using banks. No paperwork/disclosures. 11. Investment through Innovative derivative instruments like P notes. SC verdict 2016: 1. While hearing the disproportionate assets case against Jayalalithaa, SC has observed that mere possession of assets disproportionate to known sources of income is not an offence and a person can be held guilty only if it is proved that the assets were acquired through illegal means. Panama Leaks, Black Money/Tax avoidance: 1. have exposed various loopholes in India’s tax regime. 2. People prefer tax haven for the sake of avoiding taxes. But there are very thin lines between the legal and the illegal. The difference between tax evasion and tax avoidance is one such line. 3. Tax evasion involves not paying taxes on your income and is illegal. 4. Tax avoidance is about managing your taxes across different tax jurisdictions to take advantage of differences in tax rates, such as corporate tax rates, in tax treatment of different kinds of income, such as capital gains, and in tax treaties among countries. Tax havens such as Panama, the British Virgin Islands and the Bahamas attract business by offering low tax rates. Problems with Indian Tax regime: 1. Higher tax rates, system is complicated (many tax laws) and capital controls restrict foreign financial transactions. 2. Higher Tax rate on Profits: Corporate tax rate and Dividend Distribution tax put together make 50% tax on profits. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Steps taken 1. Base Erosion and Profit Shifting (BEPS) Agreement by OECD: to prevent companies from choosing low-tax jurisdictions to book profits in. 2. The Automatic Exchange of Information (AEOI) framework will facilitate information flows among signatories starting 2017. India is a signatory to Multilateral Competent Authority Agreement (MCAA) on for CRS (Common Reporting Standards) 3. The Foreign Account Tax Compliance Act (FATCA) targets non-compliance by US taxpayers and compliant countries have to provide customer information to the US government. India has signed it with US. 4. Voluntary Disclosure Schemes (under Black Money Bill 2015) : The government allows reporting black money generated through tax evasion in a given time frame, as government has given in the Black Money Bill passed this year. 5. Encouraging cashless transactions : Govt has recently announced tax benefits for online payments greater than Rs 20,000. 6. India is aiming to establish a real time automatic information sharing system by 2017. It seeks to enter into Multilateral Competent Authority Agreement (MCAA). To implement the MCAA, government has amended the IT Act, 2008. Other Instruments: 1. Criminal acts like drug/ arms trade: Covered under PMLA act 2002. India as a member of the Financial Action Task Force (FATF) , works with other member countries to prevent the use of the proceeds of crime. 2. Cases of Tax avoidance: India is planning to bring GAAR (General Anti-Avoidance Rules) to make them illegal. 3. Non-declaration of assets held abroad: A provision in the Finance Bill, 2015 made it criminal not to declare foreign assets in annual tax returns. 4. Benami Transactions Prohibition Act, 1988 5. Lokpal and Lokayukta Act 6. Prevention of Corruption Act, 1988 7. The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 8. United Nations Convention against Corruption 9. United Nations Convention against Transnational Organized Crime 10. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 11. SIT by govt on directions of SC Way fwd: 1. Simple tax regime (as outlined in proposed Direct Tax Code which is to replace existing IT Act 1961)

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2. Tax havens like Mauritius, Malta, Bahamas and the Cayman islands still operate in non-transparent ways though the G-20 is bringing a new regime to share information on real time transfer of money between countries and tax havens. 3. Apt legislative and institutional framework 4. Implementation of GST and DTC. 5. Electoral reforms as they are the biggest channel to utilize black money.

Kingfisher fiasco (Vijay Mallya) / GSPC - KG Basin scam CSR - Corporate Social Responsibility 1. under Section 135 of Companies Act 2013. 2. Companies having: i) net worth >= Rs 500 crore, or ii) annual turnover >= Rs 1,000 crore, or iii) net profit >= Rs 5 crore in any financial year, is mandated to spend 2% of its average net profit accumulated(before tax) during a block of 3 preceding years on social development-related activities. Reasons cited by companies for poor implementation: 1. They had undertaken long term projects and are carrying forward the spend. 2. Lacked expertise and got delayed due to project identification. 3. Trust deficit in NGO sector. Issues and Challenges: 1. Taxation with regard to CSR expenditure: Money spent on CSR is unlikely to be treated as business expenditure, even though certain social welfare activities will be considered for tax benefits which are allowable as deductions under IT act. 2. Companies view mandated CSR as an additional tax on profits accumulated. And are therefore seeking incentives in form on deductions in order to indulge in CSR activities listed in schedule 7 of Companies act. 3. No clear penal provision for defaulters. 4. Out of the 11 identified sectors, 6 areas failed to attract significant amounts. They are slum development, PM relief fund, welfare of armed forces/veterans, sports, preservation of natural heritage, technology incubators at academic institutions. 5. Main attractions were Education skills, hunger and poverty programmes, rural development projects. It was driven by tangible results, brand visibility and accessibility to professionals. Schemes like SBA were low hanging fruits for them. 6. Lack of an impact assessment framework of these social initiatives. Don’t have any provision for monitoring 7. CSR capital is concentrated in developed states with a strong manufacturing presence such as Maharashtra, Tamil Nadu, Gujarat, Andhra Pradesh, Rajasthan and Karnataka. Also these states have huge n/w of NGOs for implementation. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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8. Lack of clarity around regulations. Analysis: 1. Corporate activity cannot be a substitute or proxy for the government in enhancing human development indicators. One of the obvious reasons is scale. No company, no matter what size can match the spread/penetration of a govt. example, Gates foundation in Bihar. 2. CSR has been misleading when we talk of “Social responsibility” with it. CSR is whatever companies want it to be, and often, what is most convenient. 3. Increase Women participation in CSR commitee: coz report says tht company with women CEO having higest spending. Need for a dedicated department for CSR : ex. Gujarat CSR authority. 4. Create frameworks that facilitate public-private partnerships for the implementation of long-term and impactful programmes. 5. Impact assessment should be encouraged to understand the success of programme.

Medical Council of India (MCI) 1. statutory body for establishing uniform and high standards of medical education in India. 2. Grants recognition of medical qualifications, accreditation to medical schools, registration of medical practitioners, and monitors medical practice in India. 3. Recognition of foreign medical qualifications in India. 4. Initially estb in 1934. Later reconstituted under Indian Medical Council Act 1956. Need for transformational reforms highlighted by Parl Std Comm report: 1. Need for creating a transparent system for accrediting medical colleges. 2. Check instance of ‘ghost faculties’ in pvt medical colleges. 3. Parliamentary Standing Committee report pointed, the need for Common Medical Entrance Test for MBBS and PG courses. 4. Issues related to revenue targets at corporate hospitals, capitation fees upto 50 lakh (over merit) in pvt medical colleges. 5. MCI doesn’t have a full time Secretary for last 4 years. 6. MCI composition is opaque and gives representation only to medical doctors (no presence of scientists/ health NGOs/ health economists). 7. Irrational and artificially rigid std by MCI for estb and expansion of seats in Medical Colleges, which also attracts corruption. 8. Reforms in admissions process which addresses issues such as the urban-rural divide and language barriers. 9. Improve the doctor-to-population ratio,which is 1 for every 1,674 persons, against the WHOrecommended 1 to 1,000. Suggestions: 1. Skewed presence of pvt medical colleges (TN, KL, AP, KA, MH). Ensure colleges are setup in rural areas (local talent). 2. Separation of powers by creating 4 independent boards - curriculum development, teacher training, setting std for UG/ PG.

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3. Recently supreme court in 2016, has setup a 3 member committee headed by former CJI R.M Lodha to perform statutory functions of MCI and gave govt a year to restructure MCI.

President rule Arunanchal crisis: 1. Presi rule (art 356) recommended by Centre based on Governor’s report (Gov Jyoti Prasad Rajkhowa) based 3 reasons i) on law and order situation ii) gap of 6 months b/w assembly sessions iii) govt’s lack of support in the house. 2. The situation arose due to dissidence within ruling congress party and the rebels joining hands with opposition. The Presi rule is called on basis Gov’s report w/o any floor test. (at a time when the matter is already subjudice under a 5 member constitution bench. Uttarakhand crisis: 1. In UK the Appropriation bill was passed by voice vote even when the majority members voted in negative and demanded a division of votes. Of the 71 member assembly, 67 present, 35 voted against the appropriation bill. 2. Being a money bill, its failure amounts to no confidence and the govt has to resign. 3. The rebel MLA’s met the governor and governor declared the house in suspended animation and gave CM a deadline to prove his majority. 4. Moreover the speaker also disqualified the members on ground of defection when house was in suspended animation, in order to change the composition of house to enable the govt to survive the no confidence vote. Supreme Court judgements: 1. 1994 - S.R. Bommai v. Union of India, the only place for determining whether a Chief Minister has lost or retained majority is the test on the floor of the House. It also held that courts couldn’t question the cabinet’s advice to President but they can question the material behind the satisfaction of President regarding breakdown of constitutional machinery. Art 356 should be used “very sparingly” and not for political gains. This was also confirmed in Rameshwar Prasad v. Union of India (2005). 2. 2006 - Buta Singh Bihar Assembly dissolution case: Governor’s report cannot be taken on its face value and must be verified by the council of ministers before being used as the basis for imposing President rule. Provision for invoking Presi rule: 1. Generally, the governor sends a report in this regard to the Centre which forms the basis for invoking Article 356. However it can be invoked even without any Governor’s report. 2. Once President’s rule is imposed, the assembly ceases to function and the state comes under the Central government’s direct control. The assembly is generally kept in suspended animation. Governor’s Role (Constitutional Provision): If the chief minister has lost the majority support in the assembly, Governor has three options: 1. Dismiss the government under Article 164 (1) of the constitution. 2. Send a report to the president invoking Article 356. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Call the session of the assembly under Article 174(1). Article 174 (1) is silent on whether the Governor should consult or not the State Cabinet before advancing dates of the Assembly session. Current status: 1. The constitution bench has transferred the case regarding disqualifications of the 14 legislators from single judge to a division bench of high court. 2. Dissident Congress leader Kalikho Pul was sworn in as Chief Minister of Arunachal Pradesh shortly after the President’s rule was lifted from the state. Way fwd: 1. It calls for an opportunity to introspect the issues like neutrality of constitutional offices of speaker and Governor.

Limits on the usage of money bill (Aadhar bill controversy): Our Constitution specifies 6 conditions for any bill to be a money bill, and states that the bill should have only these features, or any item incidental to it. 1. The imposition, abolition, remission, alteration or regulation of any tax. 2. Regulation of borrowing or the giving of any guarantee by the government of India, or undertaking financial obligation by the government. 3. The custody of the Consolidated Fund of India (CFI) or the Contingency Fund of India, the payment of moneys into or withdrawal from them. 4. The appropriation of moneys out of the CFI. 5. Declaring any expenditure as a charged expenditure on the CFI. 6. The receipt of money on account of the CFI or the public account of India or the ambit of accounts of the Union or of a state. Who has the authority to certify a bill as a money bill? 1. In the Indian context, speaker has the authority to certify a bill as a money bill. The speaker makes this decision on his/her own unlike the House of Commons where two senior members must be consulted before the speaker gives the certificate. 2. The Constitution says the decision of the speaker shall be final. However, there are several instances in which Parliament’s decisions have been subjected to judicial review. These include decisions made by speakers under the anti-defection law. 3. Also, in a recent judgment, a Constitution bench of the Supreme Court decided that the privilege of legislatures was subject to judicial review.

Odd-Even Scheme for Delhi Transport BS (Bharat Stage) norms 1. Bharat Stage emission standards are emission standards to regulate the output of air pollutants from internal combustion engine equipment, including motor vehicles. 2. Current BS IV is applicable in 50 cities. Govt has planned to skip BS V and bring BS VI across the country by 1st April 2020. Currently US, EU, Japan follow EU-VI norms.

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Changes reqd in Vehicles: 1. For BS V : Diesel Particulate Filter to be added (small cars limited space, making bonnet bigger may exceed 4-m mark losing excise benefits. 2. For BS VI : SCR (Selective Catalytic Reduction) module is need to reduce the oxides of Nitrogen.

Volkswagen ‘Dieselgate’ 1. the company used a in its diesel-engine cars to trick emission tests into showing that cars produced a low amount of pollution.

HUL Kodikanal (TN) Mercury poisoning case Tobacco - larger pictorial warnings 1. Cigarettes and Other Tobacco Products Act (COTPA) prescribed larger pictorial petitions, covering 85% of the size of the packets of tobacco products, including cigarettes and beedis. 2. Nearly 1 million tobacco-related deaths take place in India every year. 3. The revenue earned through tobacco excise duty was a paltry 17 % of the health burden of tobacco. 4. Currently the picture size is restricted to 40 % and only on one side. 5. Cabinet Committe on Subordinate Legislation however recommended not to increase the size of warning more than 50% as it would be too harsh for tobacco industry. Which shows the brazen efforts to let commercial interests override public health concerns. 6. However larger images on both sides of the packet are the most efective and powerful way to communicate health risks to this population, provoke a greater emotional response, decrease tobacco consumption and increase motivation to quit. Way ahead 1. Pictorial warning may encourage illicit trade, so a proper mechanism should be devised to check this. 2. Also a comprehensive approach that includes education and awareness generation should be adopted 3. Encourage use of alternative products such as nicotine gums, water pipes etc. 4. Mobilize film personalities, sportspersons to create awareness about ill effects of tobacco. Press freedom 1. India ranks at 136 among 190 nations on the World Press Freedom Index published by Reporters without Borders.

Women and religion Ayyappan temple, Sabrimala (Kerala) banning entry to women b/w 10-50 (menstruation). Another temple Shani Shingnapur in Ahmednagar was opened to women breaking centuries old tradition. Favour of ban: 1. Court’s should not interfere with religious customs. 2. Most women esp in Kerala are not asking for entry. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Against ban: 1. Prayers and worship are mind-related, not body-related; 2. State’s duty to minimise inequality(DPSP); Art 51A - to renounce practices derogatory to dignity of women and ‘to develop scientific temper, humanism and the spirit of inquiry and reform’

Religion and Women: 1. Discrimination against Women by barring entry to women in Sabrimala Shrine. They rely upon the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which permit prohibiting women from accessing places of worship where “custom” or “usage” requires it. 2. SC condemned the religious custom and rejected it as the constitution bars discrimination on basis of caste, gender, age etc 3. Article 25(1) guarantees to all persons the right to freely profess, practise, and propagate their religion. Mirroring this, Article 26(b) grants to religious denominations the right to manage their own afairs in the matter of religion. 4. Overriding both these provisions, Article 25(2) allows state intervention in religious practice, if it is for the purpose of “social welfare or reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus”.

Women and conflicts with rights Latest issues 1. Sabrimala Shrine entry barring entry to women in menstrual age (10-50) yrs 2. Shani Shingnapur temple entry movt Aurangabad, MH 3. First women Qazi’s in Rajasthan. (Becoming Qazi is a matter of expertise, knowledge and training. Any man or woman who fulfils the criteria of knowledge and training can become a Qazi)

Judiciary and Religion: 1. India might be the only republic where the judiciary can pronounce on matters not only relating to law, but also those concerning theology. court rulings have “furthered the reformist agenda of the Indian state at the expense of religious freedom and neutrality.” Thus, courts have ruled on topics like the Jain practice of Santhara (voluntary fasting to death); and on who can and cannot become an archaka (priest); women of menstrual age can be denied the right to enter Ayyappa temple, Sabrimala, kerala. 2. The higher judiciary’s decisions are seen as legitimate among the public because of the relative credibility it enjoys. Judicial activism and encroachment into legislative and executive domains add to its popularity. 3. Further, attempts by the state at a “social revolution” only weaken eforts of social reformers who belonged to various communities. From Buddha to Kabir, from Guru Nanak to Narayana Guru, India has historically seen social reformers emerge as a response to orthodoxy and rigidity. Independent India has seen fewer of them, perhaps because the Indian republic has arrogated that responsibility to itself.

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Judicial Activism? 1. The judiciary has a right to intervene when laws and tradition are in conflict with the constitutional rights.

Kambala 1. Traditional buffalo race sport (thanks giving to God for protecting buffalo from disease) in Karnataka. PCA amended to allow it. 2. Traditionally a non-competitive sport has over the years turned into an organised sport where buffaloes run in the race due to fear of being beaten. (Animal right activists claim)

Jallikattu 1. Bull fighting - Pongal (harvest festival)- Thevar community in Tamil Nadu. 2. Jallikattu is derived from the words ‘calli’ (coins) and ‘kattu’ (tie), which means a bundle of coins is tied to the bull’s horns. 3. Jallikattu is an ancient sport. The seals of the Indus Valley civilisation depict it. Also Sangam literature, has many detailed references about sport. In favour of ban: 1. SC 2014 stand: called it as uncivilized event which violates ‘Prevention of Cruelty to Animals act’ (PCA) and militates the FD under article 51-A(g) of treating animals with compassion. Also it gave expansive reading to Article 21 (Right to Life),including animals. 2. SC 2016 decision: On the petition filed by activists against Govt’s notification SC upheld 2014 decision to not permit the state to perform Jallikattu. The court has ruled that animals have a right against human beings inflicting unnecessary pain and suffering on them. In effect, the entire sport has been declared violative of the law against cruelty. 3. It is a clear political misadventure as the state govt abide by the SC ruling in 2014. However due to the upcoming assembly election, it is a clear instance of politicising the issue. 4. It is a cruel sport. In order to infuriate the bulls, they are beaten. Few deaths have also occurred in the past in this taming sport. 5. By virtue of being an old tradition it can’t be regarded as right sport. eg practices like sati, untouchability. Counter Argument 1. (by Centre and TN state govt): it is a festival intrinsic to culture and tradition of a state and hence should not be prohibited. 2. Its part of Tamil culture and has centuries old history. 3. People who want a ban on jallikattu are far removed from village life and do not know how this works. Looking ahead: 1. Animals definitely have the right to be treated in a humane way at the same time culture and tradition also must be respected. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Death Penalty Convicts: 1. More than 60% from poor households. 2. Gross violations of Human Rights. (many claim that they were not informed of grounds of their arrest , a constitutional right) 3. Some are denied access to lawyers and some are forced to confess to crimes. 4. Fallacies in legal system. Torturing by police and delay in recording formal arrests. Law Commission: 1. Law Commission in its 262nd Report, recommended abolition of death penalty for all crimes except terrorism-related offences and waging war against the state. Earlier Law Comm in its 35th report favored retention of death penalty. 2. There is no conclusive evidence to suggest that the death penalty has greater deterrent effect than life imprisonment. 3. Death Penalty leaves no scope for reformation. Focusing on death penalty leads to neglect of the restorative and rehabilitative aspects of justice. 4. The SC itself has come to doubt the implementation of “rarest of rare” test (Bachan Singh case) due to ratherhigh rate of death penalty. 5. India has retained capital punishment while 140 countries have abolished it in law or in practice.

Kerala’s New Liquor Policy - allows only 5 stars and above to serve liquor 1. Kerala, accounts for nearly 14% of the country’s liquor consumption. Argument against: 1. The law takes a classist approach and commits a discrimination. (SC upholds the state’s decision in The Kerala Bar Association Case). 2. Article 19(1)(g): to practise any profession, or to carry on any occupation, trade or business. 3. Article 14 violation: Separately categorising hotels of five stars or more, and in permitting those hotels alone to serve liquor in public makes an unreasonable classification by treating persons on an equal standing unequally. In favour: 1. Constitution provides that ‘the State can further place restrictions and limitations on such trade or business’. 2. Article 47 (DPSP) states that the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 3. The changes in the liquor policy were supposedly brought through with the view of promoting prohibition, and thereby improving the standard of public health in the State. 4. Prices/tariffs in 5 star on alcohol are usually high, which act as a deterrent. Also the guests are of mature age and not visiting for casual drinking. (SC view) 5. The court also used the State government’s excuse of tourism as a further ploy to defend the law. Challenges: 1. brewing of illicit liquor and its clandestine sale in the black market.

Alcohol Ban 1. Gujarat and now Bihar has recently banned alcohol which was part of its electoral promises. 2. Some parties in poll bound states of Kerala and TN also promised for ban. 3. Alcohol is in state list under 7th schedule.

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4. Article 47 of DPSP says, “The state shall undertake rules to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.” Good? 1. Prevents addiction and also it is a main cause of household impoverishment, domestic violence, premature mortality. 2. Damages liver/kidneys and causes death. 3. Some religions (esp Islam) forbids consumption of alcohol. 4. Some argue there is a direct correlation b/w alcohol consumption and increased crime , assault, drunk driving. Bad? 1. Serious doubts abt govt political will and administrative capability to prevent total sale and consumption of alcohol. 2. May lead to smuggling and production of spurious alcohol. 3. Total ban breeds corruption. 4. Adversely affects tourism, besides being unfair intrusion in personal choices of large section who can afford liquor and consume moderately. 5. In most culture and religions, social drinking is an acceptable practice. 6. Sale of alcohol contributes to tax and through tourism indirectly. Challenges: 1. Black mkt : Recent Hooch tragedy (inferior quality country made liquor) in Bihar claimed many lives. Way ahead 1. Enforce a minimum price for alcohol; Raise the legal drinking age. 2. Stop distribution of new licenses; Ban marketing of alcohol. 3. Addiction should be addressed at two levels: temperance campaigns to promote moderate consumption and opening of de-addiction centres. Just a blanket ban will not work.

Dress code in temple: Madurai bench of Madras HC has passed a judicial order regarding dress code to preserve the spiritual ambience in temples. The dress code prescribes: dhotis or pyjamas with upper cloth and saree for women, and any fully covered dress for children. Opposition: 1. Tamil Nadu Temple Entry Act, which permits individual temples to frame rules relating to attire based on their own local customs and traditions. 2. It raises the question whether there is any religious rule linking dress with devotion. 3. Dress prescription is gender-biased, when some kinds of apparel - shirts and trousers, are worn by both men and women. 4. One is not allowed to wear footwear in Hindu temples while the same is permitted in places of worship of certain other religions. And there is a dress code for advocates as well. Judicial activism (or access) undoubtedly furthers public interest, but it is equally important that it is not used to impose a particular world view on the public. Sabrimala Ayyappa Temple entry restricted for women : SC observed ban infringes on fundamental rights enshrined in articles 14 and 25. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Ek Bharat Shresth Bharat (One India, Best India) : Each State would collaborate with one other State of India each year. Sardar Patel’s dream of National integration.

Overuse of Cess 2 new cess: 1. 0.5 % Swachh Bharat Cess on all services, now liable to service tax. At present abt Rs 60 per capita is spent annually on health. 2. 2 % regional connectivity cess on international and domestic air travel. The scheme provides for 20% of losses as viability gap funding (VGF) from the state government for operating small aircraft to small towns with a fare cap of Rs. 2,500 per hour of flying and the remaining 80% will be provided by centre govt.

Digital and Rural 1. World Bank’s recently released World Development Report (WDR) 2016 ‘Digital Dividends’. 2. India ranked among the top 5 nations in terms of the total number of Internet users. 3. Growth, jobs, and services are the most important returns to digital investments. They are referred as digital dividends. 4. It noted India despite being largest exporter of IT services and skilled manpower, falls considerably behind China in digitally transforming its economy ( nearly 1 billion Indians are still offline, while 40% of world’s population is connected by internet). Access to rural mkt: 1. Ex: Taobao villages in China. Taobao, is a portal established by Chinese e-commerce giant Alibaba, allows rural e-tailers to open online stores and sell their traditional crafts to interested consumers. 2. Similar models in India earned moderate success in past. ex: ITC e-choupal, Craftsvilla and Kerala’s Kudumbashree Challenges: 1. Both ‘Digital Access Gap’ and ‘Digital Capability Gap’. The later one arises due to overall business climate and quality of human capital 2. Deepening Digital Divide. Low internet usage among women and rural population. 3. Low level of skills and education - 25% of India’s adult population can’t read write compared to less than 5% of Chinese. 4. Poor analogue components for digital infra (smart spectrum mgmt, smart regulation of internet mkt, logistics, storage, reliable supply of electricity) and digital literacy. 5. WDR also noted that even most sophisticated tech is no substitute for tacking shortcomings in areas of basic health, education and regulatory ethos as they encourage competition. Way fwd and govt efforts: 1. Accelerated implementation of programmes Digital India initiative, Startup India, Make in India, JAM trinity, Digital Lockers.

Rising Intolerance: 1. misplaced criticism of Vice-President Hamid Ansari’s thought provoking address 2. Minorities are made to feel as a 2nd class citizens. India has diverse religions, over 100 languages and 1,500 dialects

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3. murders of two prominent iconoclasts in 2015 , M.M. Kalburgi and Narendra Dabholkar; quite a few returned their prestigious National and Sahitya Akademi Awards in protest. 4. Sep-2015 lynching in Dadri (Mohd Akhlaq) , Uttar Pradesh ,of a Muslim man who had allegedly consumed beef. 5. dogmatism and majority domination of the Shiv Sena in October 2015 compelled Pakistani singer Ghulam Ali to cancel his concerts in Mumbai and Pune. It also man handled by throwing ink at former BJP leader Sudheendra Kulkarni, for refusing to cancel the book launch of former Foreign Minister of Pakistan, Khurshid Mahmud Kasuri. 6. Official reaction to these events has been weak and tardy, and painting these as mere political ones 7. Even PUCL has condemned govt’s dull response towards protests done by writers, filmmakers, actors, scientists, historians. 8. Scientist PM Bhargava returned his Padma Bhushan award received by him in 1986. 9. Referring to Article 51 a(h)of the Constitution, one of the duties of citizens was to develop the scientific temper, humanism and the spirit of inquiry and reform. 10. Charaka Samhita says:‘The flesh of the cow is beneficial for those suffering from the loss of flesh due to disorders caused by an excess of vayu, rhinitis, irregular fever,dry cough, fatigue and also incases of excessive appetite resulting from hard manual work.’” 11. Incidents of intolerance in 2015: 1. Aug 30: Murder of rationalist MM Kaliburgi 2. Sept 28: Lynching of Muhamad Akhlaq in Dadri, UP, on suspicions of storing beef 3. Oct 1: Culture Minister Mahesh Sharma describes Dadri incident as “accident” 4. Oct 12: Sudheendra Kulkarni’s face blackened by right wing groups for promoting former Pakistan foreign minister Khurshid Mahmud Kasuri’s book launch 5. Oct 16 : Haryana Chief Minister Manohar Lal Khattar, says Muslims living in India should give up eating beef 6. Oct 22: Minister VK Singh dismisses killing of two Dalit children in Faridabad saying “If someone throws stones at a dog, the government is not responsible”. Section 295 of Indian Penal Code 1. incriminates any act that outrages the religious feelings or sentiments of others. 2. The IPC provision is seen as a tool in the hands of the ruling government to curb dissent. 3. It was used in past to issue arrest warrant against AIB’s Karan Johar, Ranbir kapoor;

Tipu Sultan controversy 1. Tipu Sultan was a patriot and one of the first freedom fighters to have stood against the British empire 2. Controversy - that he was anti hindu and killer of many. 3. History has portrayed Tipu Sultan as a tyrant who massacred Hindus and supported religious conversions. 4. But he also gave gifts and grants to the Hindu mutts and temples. He was also a pioneer who introduced sericulture and missile technology. The clashes projectingTipu as a religious bigot are just politics to destroy communal harmony. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Beef ban: Maharashtra Animal Preservation (Amendment) Bill, 1995, that prohibits the slaughter of bulls and oxen and the possession and sale of beef received President’s assent. Similarly Haryana also followed the suite and made cow slaughter and beef consumption punishable under law. According to the website of the Department of Animal Husbandry, except for the States of the northeast and Kerala, all other States have anti-cow slaughter laws in some form or the other. What the Constitution says: 1. Article 48 (DPSP): The State shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and shall in particular take steps for preserving and improving the breeds and prohibiting slaughter of cows and calves and other milch and draught cattle. Arguments in favour of ban: 1. Religious: Hindus consider cow as sacred and cow slaughter goes against the sentiments of majority. 2. Historical: Banning cow slaughter is not a new thing to India. From Ashoka to Akbar, there is documentary evidence of royal bans on slaughter of cows and its progeny. Even the first Mughal emperor Babar, had taken steps to ban cow slaughter. 3. Ecological case from Brazil: where cattle breeding was started on huge scale by the greed of read meat export income. This turned the forest land to farmlands for raising grains to fatten cattle. Soon rainfall decreased, topsoil washed away affecting environment adversely. 4. Sentimental: Similar laws respecting sentiments are accepted worldwide, like dogs and rabbits in the west. Arguments against the ban: 1. Constitution: Violate fundamental liberties and erode the secular character of the state. State should not control the eating habits of the people. the argument of beef ban has no leg to stand on. 2. Economic: effect on farmers, mainly hindus, who sell unproductive cattle to contractors. Pay for upkeep of unproductive cattle at current prices of Rs. 100/day brings a burden on the poor farmer 3. Employment: Nearly 2.5 million, mostly dalits, employed in leather industry 4. Beef has always been a cheaper source of nutrition for the poor. 5. In India, perhaps, more Hindus eat beef than Muslims. Way forward: 1. Blanket ban is not the solution. As it would raise similar sentiments among people of other religions and would disturb the secular nature of the country. 2. Some States have laws which allow bull slaughter and selling of beef of old and no economic use animals. 3. Beef was banned in certain circumstances like in a temple complex, or in a vegetarian institutionit seems fair enough but not a blanket ban.

Dam Rehabilitation and Improvement Project (DRIP) 1. There are about 4900 large dams in India and about 80 % of them are over 25 years old. The old dams designed and built to withstand certain levels of flood and earthquake and may not meet the revised estimates based on information gathered over the period.

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Reservation System Constitutional Provisions: 1. Article 15(3) - State can make special provision for women and children. 2. Article 15(4) - State can make special provision for the advancement of any socially and educationally backward classes/SC/ST. 3. Article 16(4) - State can make provision for the reservation of appointments or posts in favour of any backward class of citizens. 4. Article 46 - To promote the educational and economic interests of SCs, STs, and other weaker sections of society. Imp SC judgements: 1. Mandal Case : SC restricted total reserved Quota upto 50% and excluded advanced section from reservation benefits under OBC. 2. SC verdict 2014 on Jat Reservation: “Caste” and “historical injustice” cannot bind a state in according backward status to a community and that new emerging groups such as transgenders must be identified for quota benefits. Need of reservation in India: 1. Social empowerment of disadvantaged section of society. 2. Reduce discrimination by providing educational and employment opportunities. Issues with reservation Policy: 1. Stagnancy : The reservation policy which was initiated as a temporary provision (for 10 years) for SC and ST in our Constitution in 1950, has expanded its coverage and has now become an almost a permanent feature. 2. The existing reservation policy has failed to assimilate lowest castes/tribes within the mainstream economy and society. 3. Political Mobilization: Over the years, political parties has utilized caste-based reservation as vote bank politics for their electoral gain 4. Inter-caste conflicts and tensions: The tool of reservation has failed miserably in removing caste differences and has promoted the caste divide and caste conflicts. 5. Dissatisfaction: the communities excluded from reservations harbor animosity and prejudice against the castes included in the reservation category. 6. Class within Castes: The creamy layer of reserved category has benefited most leaving mostly on the fringes devoid of any benefits and poor. 7. The poor among general categories are resentful and frustrated, and tend to blame reservations for all their problems. Reforms Reqd: 1. Better Identification: New yardsticks need to be developed for the identification of backward group instead of solely deciding on the basis of caste. It should include social and economic criteria 2. Dis-reservation: Families of public officials of a certain rank - IAS, IPS, present or former MLAs, MPs, other senior politicians, certain high income professionals like physicians, chartered accountants, managers above a certain rank in the private sector, and businessmen and others above a certain income should be dis-reserved UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Self-proclaimed backwardness: The perception of a self-proclaimed socially backward class of citizens cannot be a constitutionally permissible yardstick for determination of backwardness. 4. Support to poor: No child with ability and desire should ever be denied opportunities for higher education on account of poverty or birth. Scholarships, free tuition, soft loans and other mechanisms must be strengthened. 5. Develop Capabilities: Apart from providing admission to colleges and jobs, capabilities of the deprived and excluded section should also be developed. 6. Assimilation: The benefits should flow to the vast majority of underprivileged children from deprived castes; not restricted to few elites. Should we move away from Caste based Reservation? 1. Caste-based reservation has not been completely successful in bringing up the weakest member of the group. 2. It prevents us from transcending caste and causes resentment against the beneficiary group, and existing prejudices and stereotypes against the group are reinforced. Evaluate Evidence based approach for affirmative action: 1. Better Identification: The individuals genuinely in need of support can be identified cutting across the caste boundaries. 2. The major advantage of such an approach is that it highlights the fundamental reasons why affirmative action is being undertaken – namely, various sorts of social and economic disadvantage. 3. Reduces caste-based politics: It helps to de-essentialise identity markers like caste or religion. 4. Reduce inter-caste conflicts: It provides a rational explanation why specific castes or communities are entitled to compensatory discrimination. 5. Assimilation: It might also help target the benefits better by prioritizing the weakest members of a weak group. Disadvantage: The only downside is that such approaches become data dependent, and are vulnerable to the failings of the data sources, and to the fallacy of data. Way fwd: 1. India has changed a lot since the reservation policy was introduced. The deficiency of data and technology has made then government to adopt simple approach of caste-based reservation. However, with the availability of sufficient data through census and real time updation technologies using Aadhaar number, evidence based approach could be utilized. It will help in better targeting and thus providing benefits to real beneficiary. OBC Reservation stirs 1. Like Gujjars in Rajasthan, the Kapus in Andhra Pradesh and Patels in Gujarat, Jats in Haryana are also protesting to include them in OBC category so that they can enjoy the benefits of quota system. 2. Supreme Court in March 2015 reiterated the reality and quashed the decision of the UPA to include Jats in 9 States among OBCs, stating that “caste” alone could not be the criterion for determining socio-economic backwardness. 3. Specifically in the case of Jats, despite higher economic and social standing, there has been a reduction in landholding owing to distribution over generations and a squeezing of rural incomes due to the persisting sluggishness in the agrarian economy. The agitations, in a way, point to the need to review the list of castes counted as OBCs and to deepen the definition of creamy layer.

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Sex Determination/ Falling Sex ratio 1. Sex ratio has fallen from 927 in 2001 to 919 in 2011.

Towards restorative Criminal Justice 1. Criminal Law of India is a replica of colonial times. It is hostile to the poor and the weaker sections of society. 2. The law still serves and protects the needs of the haves and ignores the have-nots. Such biasness has resulted in rich people escaping law and the jail is more often full of the unprivileged class of society. 3. Acc to NCRB data, 68% of inmates are undertrials and 70% of those convicted are illiterate. 4. The way criminal justice is designed and administered today hardly serves any of the purposes for which it is set up i.e. towards securing life and property. Challenges: 1. It does not deter criminals because of the delay and ineffective punishments it imposes on those few who get convicted. 2. It provides wide discretion to the police and the prosecution, rendering the system vulnerable to corruption and manipulation. 3. The disproportionate number of undertrials show inefficiency of criminal justice system. 4. Highly prejudiced against minorities and vulnerable sections given they are overrepresented among undertrials. 5. It also puts heavy economic costs on the state for its maintenance without commensurate benefits in return. 6. Also, more than 3 crore criminal cases are still pending in the system. Police in most states is understaffed, ill-equipped in modern investigation methods and too vulnerable to political influence. Committee on criminal justice reforms (2003) recommended a 3-fold strategy :1. Have a fresh comprehensive relook at the law, procedures 2. Institutional reform of police processes, including investigation of crimes, rationalisation of court systems with induction of technology are required. 3. Changing the system to a victim-centric one. Reforms required: 1. Government can also make use of restorative justice system. 2. Modernisation of Forensic Science Institutions. 3. Law Comm reco - Judge-to Population ratio needs to be increased from 10 per million to 50 per million population. 4. Physical infra and support staff needs to be expanded. 5. Gram Nyayalayas Act, 2008 - But only 150 functional nyayalayas against the target of 5000 such courts have been setup. Reasons - financial constraints, reluctance of police, lawyers etc. Conclusion: 1. Crime and violence constitute a major impediment for development and social integration for a plural society like India. The adversarial model of criminal justice, with punishing the offender as its only aim, has proved costly and counterproductive. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. While keeping the adversarial system for certain serious and complex offences, India needs to experiment with more democratic models aimed at reconciliation and restoration of relationships. 3. Also needed is a change of mindset, willingness to bring victims to the centre stage of criminal proceedings and to acknowledge that restoring relationships and correcting the harm are important elements of the criminal justice system.

SDG 2015 1. The Sustainable Development Goals, also called Global Goals, and Agenda 2030. 2. 17 Goals and 169 targets. 3. These goals intend to achieve sustainable development and are more comprehensive than earlier Millennium Development Goals and have well defined targets. 4. The SDGs are intended to be universal, applying to all countries rather than just the developing world. 5. They recognise the key role of the private sector in pursuing and financing sustainable development, in partnership with governments and civil society 17 Goals: 1. End poverty in all its forms everywhere 2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture 1. End all forms of malnutrition, stunting and wasting in children under 5 years of age 2. Address the nutritional needs of adolescent girls, pregnant and lactating women and older persons. 3. Ensure healthy lives and promote well-being for all at all ages 1. End preventable deaths of newborns and children under 5 years of age. 2. Reduce the global maternal mortality ratio to less than 70 per 100,000 live births 3. Universal access to sexual and reproductive health-care services, including for family planning, information and education 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all 1. Complete free, equitable and quality primary and secondary education 2. Access to quality early childhood development, care 3. Build and upgrade education facilities that are child, disability and gender sensitive 5. Achieve gender equality and empower all women and girls 1. End all forms of discrimination against all women and girls everywhere 2. Eliminate all harmful practices, such as child, early and forced marriage, all forms of violence - trafficking, sexual exploitation. 3. Equal rights to economic resources, as well as access to ownership and control over property, inheritance and natural resources. 4. Enabling use of ICT to promote empowerment of women. 5. Adopt sound legislations for promoting gender equality.

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6. Ensure availability and sustainable management of water and sanitation for all 7. Ensure access to affordable, reliable, sustainable and modern energy for all 8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all 1. End child labour in all its forms by 2025 2. Equal pay for work of equal value 9. Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation 10. Reduce inequality within and among countries 11. Make cities and human settlements inclusive, safe, resilient and sustainable 1. sustainable transport systems 2. Universal access to safe, inclusive and accessible, green and public spaces 12. Ensure sustainable consumption and production patterns 13. Take urgent action to combat climate change and its impacts 14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development 15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels 1. End abuse, exploitation, trafficking and all forms of violence against and torture of children 17. Strengthen the means of implementation and revitalize the global partnership for sustainable development

Net Neutrality/ TRAI/ Differential pricing The principle that Internet service providers should enable access to all content and applications regardless of the source, and without favouring or blocking particular products or websites. 3 core principles1. All sites must be equally accessible (ISP shouldn’t block block any) 2. All sites must be accessible at same speed. 3. Cost of access must be same for all sites(per Kb/Mb) Differential pricing is the strategy of selling the same product to different customers at different prices. Consider the pricing behavior at an auction. example, Bharti Airtel charges differently for Skype/Viber as compared to other internet services Zero rating policy is framework in which internet service providers provides access to a pool of websites for free. It will provide internet access to poor people who otherwise could not afford. Though it seems benign on its face value, it has many flaws which are pernicious to the Internet Ecosystem. eg: Facebook’s Free Basics. Free basics: 1. Facebook’s free basic platform which was previously Internet.org available over Reliance comm network UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. It pitches as an altruistic measure to provide the have-nots with free internet services for health, education, jobs and communication through Internet.org’s Free Basics app. 3. Internet.org is live in more than 24 countries with 15 million users Issue: 1. Differential tarrifs being provided to consumer to view websites which have tied up with the telecom operator. 2. It leads to fragmentation of cyber space , thus affecting free flow of information and data 3. Against the start-up ecosystem, which cannot access wider market , due to prototype restrictions , thus impeding government “Start up India “initiative. 4. It can lead to monopolization and cartelisation , which hinders competition and growth of internet. 5. There might be many variations of it but basically it is about accumulating millions and millions of new users by offering products free, in the hope that the buildup could be milked for revenue in the years to come. 6. Criticised for violating Net Neutrality principles and termed as a sterile walled garden. TRAI ruling (Feb 2016) 1. TRAI has termed Facebook’s Internet.org (now Free Basics) and Airtel Zero as discriminatory, non-competitive and thwarting innovation and disapproved of existing package if any sold. 2. No service provider shall offer or charge discriminatory tariffs for data services on the basis of content. Measures by govt: 1. Increase resource allocation , through Universal service obligation fund. 2. Strengthen NOFN and NeGP 3. Capacity building of regulatory bodies for promoting transparency and monitoring in internet usage. 4. Promote digital literacy. Such inititiatives will promote equitable and sustainable internet access to all without affecting net neutrality. Way fwd: 1. There can be very little doubt that the haves-have-nots digital divide in India is stark, and needs to be bridged as soon as possible. Free Basics can’t be an excuse for the failures of the state in delivering universal access. 2. Welcome decision as it would ensure that generations of Indians are not forced to be satisfied with services that pretend to be the Internet itself, robbing them of the real benefits of the medium. 3. A ‘no’ to Free Basics does not imply a failure on the part of TRAI to recognise the importance of catering to the Internet have-nots. In fact, the regulator has noted that it is not against the provision of limited free data that allows a user to explore the Internet. 4. The ruling suggests that, TRAI recognises the need for India to bridge the digital divide, it realises that compromising the basic ideals of the Internet is not the way to do it.

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GOV. POLICIES / MISSION 1. Smart Cities and AMRUT 2. NFSM/NFSA 3. DBT 4. 5. 6. 7.

Make in India SBA Social Security SECC 2011

8. National Water Policy 2012 9. Draft National Forest Policy 2016 10. Govt Schemes 11. Examples

Smart Cities: A ‘smart city’ is an urban region that is highly advanced in terms of overall infrastructure, sustainable real estate, communications and market viability. It is a city where IT is the principal infrastructure and the basis for providing essential services to residents. l

Core infrastructure : water supply, electricity supply, Sanitation, including MSW mgmt, efficient urban mobility.

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Better quality of life : Affordable housing esp for the poor; Safety and security of citizens, particularly women, children and the elderly; Health and education.

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Smart Solutions : Good governance (e-Gov and citizen participation); Robust IT connectivity and digitalization;

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Sustainable environment : Green belts, renewable power, Public transport

Features: 1. Scheme aims to create 100 smart cities by 2019. 2. Ministry of Urban Development will release Rs.500 cr for each of 100 selected cities only after SPVs are set up. 200 cr in first year and 100 cr each in next 3 yrs. 3. SPVs (is a legal entity) to be registered under the Companies Act, 2013 will be given powers to execute the proposed projects. It will have equal equity with the states and respective ULBs, thereby making them majority shareholders. Private equity is also allowed but the management control will rest with the Governments only. 4. States and Urban local Bodies (ULBs) will play a key supportive role in the development of Smart Cities. 5. SPVs are required to be set up under Smart City Mission Guidelines to ensure timely and efficient execution of plans with operational freedom. They approve, sanction and execute the projects besides mobilizing resources from various sources. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Funding 1. According to mission guidelines, total State and Central financial assistance (50:50) for each smart city would be Rs. 1,000 crore. Advantages with SPV model 1. An SPV is a legal entity created for a specific purpose, which can theoretically be shutdown after the purpose has been achieved. 2. The major advantage of an SPV is that it allows investors to limit their risks and maximize profits, and bypass cumbersome legal and regulatory issues. Challenges with SPV: 1. Private sector led, it may be seen as defeating the essence of local self governance and bypassing the elected municipal council. SPV maybe headed by a bureaucrat, which is a concern for local representation. 2. Lack of mgmt control and absence of clarity on specific projects and assured revenue streams, may reduce the attractiveness of SPVs for private sector. 3. The SCM guidelines mention that govt funding can be used only for projects that have public funding outcomes. Criteria to define public benefits of project is unclear. 4. Convergence issues b/w different schemes. eg: Smart City SPV and implementing agency for HRIDAY in Varanasi. 5. Matters related to IPRs, open standards and technology transfer should be enshrined at the highest level of government since it is difficult for individual urban local bodies to negotiate with private parties. Potential Financing Sources 1. User charges 2. Convergence with other schemes for better fund utilisation eg, AMRUT, HRIDAY, Digital India, Bharatmala, Sagarmala. 3. Municipal Bonds/Green Bonds eg Masala bonds. 4. Diplomacy : Cheap loans from Japan/ Germany for JV and cooperation 5. PPP - Using models like HAM 6. NIIF - Fund of Funds 7. Multilateral agencies - AIIB, NDB, ADB, WB HRIDAY - Heritage Infrastructure Development and Augmentation Yojana (12 cities) 1. Integrated, inclusive and sustainable development of heritage cities - monuments, citizens, tourists, local business/ arts. 2. 12 cities- Ajmer, Amritsar, Amravati, Badami, Dwarka, Gaya, Warangal, Puri, Kanchipuram, Mathura, Varanasi, Velankanni

AMRUT 1. AMRUT is new avatar of Jawaharlal Nehru National Urban Renewal Mission (JNNURM), to recast urban landscape for making urban areas more livable.

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2. AMRUT adopts a project approach to ensure basic infrastructure services relating to water supply, sewerage, storm-water drains, transportation and development of green spaces and parks with special provision for meeting the needs of children. 3. Overall implementation is linked to promotion of urban reforms such as e-governance, constitution of professional municipal cadre, devolving funds and functions to urban local bodies, improvement in assessment and collection of municipal taxes, credit rating of urban local bodies, and citizencentric urban planning. 4. Under this mission, 10% of the budget allocation will be given to states and union territories as incentive based on the achievement of reforms during the previous year. 5. AMRUT will be implemented in 500 locations with a population of 1 lakh and above. It would cover some cities situated on stems of main rivers, a few state capitals and important cities located in hilly areas, islands and tourist areas. JNNURM was limited to 63 cities 6. Under this mission, states get the flexibility of designing schemes based on the needs of identified cities and in their execution and monitoring. 7. States will only submit state annual action Plans (SAAP) to the centre for broad concurrence based on which funds will be released. But, in a significant departure from JNNURM, the central government will not appraise individual projects. 8. The use of these funds will be recommended by the State High Power Steering Committee (SHPSC) and will form a part of the State Annual Action Plan (SAAP). 9. The ULBs will develop road maps for reform implementation, capacity building and coordination among stakeholders and local MPs. 10. Central assistance will be to the extent of 50% of project cost for cities and towns with a population of up to 10 lakhs and 1/3 of the project cost for those with a population of above 10 lakhs. 11. Under the mission, states will transfer funds to urban local bodies within 7 days of transfer by central government and no diversion of funds to be made failing which penal interest would be charged besides taking other adverse action by the centre. Smart City Mission (SCM) and AMRUT 1. to move people not cars, through efficient public transport. 2. Atal Mission seeks to promote non-motorised transport like walking and cycling to work. Challenges: 1. lack of first and last mile connectivity is affecting use of public transport 2. lack of adequate advance planning for future as the country is more used to plan for meeting shortages of yesterday 3. rising motor vehicle population and its consequences like congestion lowering GDP by about 3.50%, rising accidents and air pollution Way ahead: 1. imposing deterrent congestion charges, tax measures to restrain owning and using personal vehicles, promoting vertical construction for dense living, effective parking policies . UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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National Food Security Mission (NFSM) - Under Ministry of Agriculture & Family Welfare 1. to increase production and productivity of wheat, rice and pulses (also added Coarse cereals and commercial crops in 12th FYP) on a sustainable basis so as to ensure food security of the country. 2. 12th FYP - 25 MT (Rice - 10 MT, Wheat - 8 MT, Pulses - 4 MT, Coarse cereal - 3 MT, and commercial crop - sugarcane, jute, cotton)

NFSA - National Food Security Act - under Ministry of Consumer Affairs, Food and Public distribution 1. Aims to provide subsidized food grains to approx 2/3 population. It includes PDS, MDMS, ICDS. 2. TPDS: 75% rural population and 50% urban population with entitlement of 5 Kg per person per month (Priority households / BPL). Poorest who are under Antyodaya Anna yojana will remain entitled to 35 Kg of grains . 3. Subsidized prices : Rs 1/kg coarse grains (millet) , Rs 2/kg wheat and Rs 3/kg rice. After 3 years, prices will be linked to MSP. 4. Pregnant women, lactating mothers and children b/w 6 months to 14 years will be entitled to meals under ICDS and MDMS. 5. MDMS 6. Maternity Benefit (IGMSY) of Rs 6,000. 7. Women Empowerment: Eldest women of household of age above 18 yrs will be head of household for issuing of ration card. 8. Food Security Allowance : in case of non-supply of grains. Achievements: 1. 100% digitisation of ration cards, Online redressal of PDS grievances. 2. Imp for food security and improved nutrition. It complements ICDS and MDMS. 3. DBT (to check leakage and targeting issues) in lieu of food grains has been started in Chandigarh and Puducherry. Challenges/Reasons for delay in implementation: 1. Identification of eligible households by few states was not done in time. 2. Lack of grain storage facilities and accessible FPS in states (6 lakh villages but only 5 lakh FPS). 3. Lack of end-to-end computerization of PDS. Leakage; Duplication/bogus beneficiary; inclusion and exclusion errors. 4. Reduced exports as most grains would be procured by govt for NFSA.

Direct benefit Transfer - DBT (world’s largest DBT scheme) 1. for social security aid and subsidies, transferring the amount directly to Aadhaar linked beneficiaries bank account instead of differential pricing through FPS (Fair Price Shop), minimizing tiers involved in fund flow thereby reducing delay in payment, ensuring accurate targeting of the beneficiary and curbing pilferage and duplication.

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2. Those w/o Aadhaar can provide another bank account to get the benefits. 3. Successes of MNREGA wage transfers and LPG subsidy transfers (PAHAL) indicates the infrastructural efficiency to broaden it to other Public Distribution systems (like Kerosene subsidies to poor). Benefits of DBT: 1. Accurate Targeting (mis-targeting increases expenditure). 2. De-duplication, reduction of fraud/ghost entries. 3. Leakages (Corruption, pilferage) - can both be tackled with DBT. 4. Electronic transfer of benefits to beneficiary accounts. Challenges: 1. Schemes like MNREGA, IAY etc. have a large number of rural beneficiaries. 2. Poor coverage of banks in rural areas and poor performance of banking correspondent model. Most of rural beneficiaries have account in post offices which are in the process of migrating to Core Banking Solution (CBS) system. 3. Centre State coordination as most of the schemes have the state government playing the main role. Success: 1. MNREGA, LPG subsidy - PAHAL (Pratyaksh Hanstantrit Labh). 2. For instance, over 1.6 crore bogus ration cards have been deleted, resulting in savings of about Rs. 10,000 crore. 3.5 crore duplicate/ghost beneficiaries were weeded out in the PAHAL scheme, resulting in savings of over Rs. 14,000 crore

LPG/PAHAL : 1. Earlier govt started the GiveItUp campaign to self surrender subsidy. Nearly 57 lakh beneficiaries (3% customer base) have voluntarily given up their LPG subsidy. Saves govt 940 crore/year. 2. Recently govt decided that those earning >10 lakhs per year would not be eligible for LPG subsidy. (DBT improves targeting here and govt saves Rs 5000 crore /year). Issues: 1. Income threshold is applicable to individual incomes and not entire household. 2. Less than 3% population pays IT and significant number under reports. Linking PAN number to LPG data would not help much as it would indirectly help the tax evaders. Suggestions: 1. Multiple criteria involving asset ownership of high end consumer durables, capturing material status (wealth) an imp way in a country with a larger informal economy. ex : car ownership (5% population) etc.

Kerosene : 1. To incentivize States/UTs to implement DBT in kerosene, Centre has decided that the States will be given cash incentive of 75% of subsidy saving during first 2 years, 50% in 3rd year and 25% in 4th year. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Jharkhand has recently run DBT Kerosene on pilot basis and now govt plans to implement it nationwide. Potential Challenges: 1. Improves targeting : According to estimate 1/2 of Kerosene sold is being misused to adulterate diesel. As the current consumption is double than actual the subsidy amount may result double after correcting the targeting (removing pilferage which is 1/2 the total). It is doubted subsidy may further aggravate the problem. 2. Over-subsidising may keep Kerosene the preferred choice among poor households with no motive to move to renewables like solar energy. 3. Targeting - identification of beneficiary (inclusion and exclusion errors). Lack of digitised database. 4. Many poor people don’t have JDY accounts and banks are out or reach as they require considerable travel. 5. Downsizing subsidy in future would become a political populist agenda. Benefits: 1. Improved targeting, plugs leakage, check on corruption due to middlemen involved in distribution. 2. Paying at market price would give consumers a sense of ethical consumption of kerosene, even though they will be subsidized through bank transfer.

Fertilizers : 1. Indian Urea prices are 1/4 of world average, as it is highly subsidised. This had led to gross overuse and effected the soil fertility. 2. Currently subsidy is paid through the fertilizer companies. With DBT farmers can be given direct subsidy and it will stop leakage, avoid unnecessary paper work and red-tapism. Issues: 1. N:P:K - The ideal ratio is 4:2:1. But P,K are deregulated. Urea (N) price are still regulated by govt. So being cheaper it is used in access. Some states like Haryana/Punjab, the ratio is as high has 10:2:1. 2. Subsidy is not available to tenant farmers/ sharecroppers who don’t own land and any formal lease agreement. 3. Selection criteria for capping number of bags available on which subsidy is available. Capping would be based on crop, location etc, which makes it complicated than DBT for LPG. Way ahead: 1. Central Govt can emulate UP model used for DBT for seed subsidy, where state govt has created an online database of over 40 lakh farmers. It has created unique ‘Kisan Id’ identifying their village, land particulars, bank account, mobile numbers 2. Govt also plans to introduce DBT for food subsidies and fertilizer subsidies. 3. The JDY has created a sweet spot by universalising banking , efficient targeting via Aadhaar,and smartphones. 4. There are challenges, but the benefits offered by Aadhar are enormous. If implemented as planned, DBT can go a long way in improving governance in India.

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5. Govt should rationalise subsidies as subsidies should not act as a deterrent to shift to cleaner fuels (kerosene to solar). 6. All the in-kind transfers should be inflation indexed and measured as a % of GDP rather than in absolute terms. 7. Endeavor to make existing programmes more efficient by cutting leakages. 8. Priority to empowerment over entitlement. Considerations while expanding JAM for DBT 1. First mile : identification of eligible beneficiaries and maintain proper database 2. Second mile : coordination b/w govt bodies for delivery and SCM 3. Last mile : address risks of exclusion/inclusion errors 4. Size of leakages : Subsidy with higher leakages eg: fertilizers Pradhan Mantri Ujjwala Yojana for providing free of cost cooking gas connections to women from BPL Households.

Make in India 1. An initiative aimed at making India a global manufacturing hub. Current Manufacturing share in GDP (16%), China’s - 36% 2. Aim of creating millions of jobs in the country. 10 million every year. 3. aims at increasing GDP and tax revenues, by producing products with high quality standards, and minimum impact on environment (Zero Defect and Zero Effect) 4. Other aims are - fostering innovation, protecting IPR and enhancing skill development. 5. Govt has come up with a Dashboard i) Make in India ii) States ranking on diff parameters (cooperative fed) 6. “One India Concept” as part of Ease of Doing business, to have a single common form for doing business anywhere in India. Policies under Make In India: 1. Ease of doing business: 1. Increase transparency in tax laws, tariffs. 2. Environment clearances can be sought online (done) 3. IT online filing (done) 4. Industrial License extension upto 3 years (done) 5. E registers and curbing red tapism by taking approval of HoD to undertake inspection. 2. FDI: 1. 100% FDI in many sectors, Space(74%), Defence (49%) and News Media (26%). 3. Intellectual Property Facts: establish a vibrant IP regime 1. Various types of IPR: 1. Patent: A patent is granted to a new product in the industry. 2. Design: It refers to the shape, configuration, pattern, colour of the article. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Trade mark: A design, label, heading, sign, word, letter, number, emblem, picture, which is a representation of the goods or service. 4. Geographical Indications: According to the website, it is the indication that identifies the region or the country where the goods are manufactured. 5. Copyright: A right given to creators of literary, dramatic, musical and artistic works. 6. Plant variety Protection: Protection granted for plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. 7. Semiconductor Integrated Circuits Layout-Design: The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor. 4. National Manufacturing 1. to increase share of manufacturing in GDP from 16% to 25% by 2022. 2. to create 10 crore additional jobs in manufacturing sector by 2022. 3. to create skills among rural migrants and urban poor for inclusive growth. 4. to increase domestic value addition and technological depth in manufacturing. 5. to enhance global competitiveness of Indian Manufacturing sector. 5. Green manufacturing: reducing pollution and waste by minimum use of natural resources, recycling waste. 6. Electronics Development Fund (EDF - under Deity) worth Rs 2200 crore (to be scaled up to 10,000 crore) launched. 7. National Capital Goods Policy introduced (first ever in India). 8. Investment opportunities in Food Processing (Mega Food Parks Scheme); MSME sectors; Renewable Energy. Successes: 1. Xiaomi, Huawei, Lenovo, Motorola have setup their manufacturing units and Iphone manufacturer Foxconn is also planning soon. Way forward: 1. Striving to provide investment enabling environment to Foreign and Domestic investors. 2. Promoting quality jobs through development of innovation and design ecosystem. 3. Forging partnerships for manufacturing sector development for enabling “Champions of Manufacturing”. 4. Active cooperation with States for promoting manufacturing across all States in India and remotest part of the country 5. Promoting Industry and Academia linkages for joint research and product development to drive frugal engineering 6. Focus on spreading awareness about promoting manufacturing in under developed areas of the country. 7. To achieve the targets large scale skilling programmes need to be taken to create relevant and apt skilled manpower.

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Sanitation Earlier initiatives: 1. Central Rural Sanitation Programme (CRSP) 1986 1. To improve the quality of life of the rural people and also to provide privacy and dignity to women. 2. Total Sanitation Campaign (TSC) 1999 - CRSP adopted a “demand driven” approach with name TSC. 1. It included personal hygiene, home sanitation, safe water, garbage disposal, excreta disposal, waste water disposal. 2. TSC emphasized more on Information, Education and Communication (IEC), Human Resource Development, Capacity Development activities to increase awareness among rural people and generation of demand for sanitary facilities. 3. It was implemented with focus on community-led and people centred initiatives. 4. Launched Nirmal Gram Puraskar (NGP) to recognize the achievements & efforts made in ensuring full sanitation. 3. Nirmal Bharat Abhiyaan (NBA) 2012 1. After success of NGP (Nirmal Gram Puruskar), TSC was renamed to NBA. 2. To achieve 100% access to sanitation for all rural households in the Country by 2022. 3. On 2 October 2014 the campaign was relaunched as Swachh Bharat Abhiyan (Gramin). Assessment: 1. Per NSSO 2013, 40.6% of rural households have access to toilets. Challenges: 1. Funding 2. Not enough focus on urban areas. 46% Open defecation in urban areas. 3. Lack of focus on behavioural and attitudinal change. 4. Lack of effective monitoring agency to check Outputs (construction) vs Outcomes (usage) 5. Lack of water availability. 6. Lack of political will and decision making. Community Led Total sanitation(CLTS) Successes: Triggering collective social change to understand and realize the negatives of poor sanitation and empowers them to find collective solutions 1. Recent successes: Open defecation free - Kalyani, a slum north of Calcutta; Benefits of CLTS: 1. Focusing on outcomes, not on hardware inputs 2. Local innovations (frugal innovations) of low cost toilet model. 3. Emergence and growing confidence of local leader UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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SBA (Swachh Bharat Abhiyaan) 2014 1. To achieve Swachh Bharat by 2019 as a tribute to Gandhi’s 150th anniversary. Being run in Mission Mode. 2. Elimination of Open Defecation. 3. Conversion of insanitary toilets to pour flush toilets (IHHL). 4. Eradication of manual scavenging. 5. 100% collection and scientific processing/disposal/reuse/recycling of municipal solid waste (MSW). 6. Supporting urban local bodies in designing, executing and operating waste disposal systems 7. Awareness & Behavioral Change (ABC) in people regarding healthy sanitation practices. 8. Private sector participation in capital expenditure, operations, maintenance costs of sanitary facilities. Other features: 1. Two sub-Missions : Swachh Bharat Mission (Gramin) by Ministries of Drinking Water and Sanitation; Swachh Bharat Mission (Urban) by Ministry of Urban Development. Rashtriya Swachh Bharat Kosh (0.5% - non Lapsable under Public Account of India) has been setup for it. 2. 8% of total project cost to be spent on IEC (Information, Education and Communication) 3. CSCs (Community Sanitary Complex) like public toilets at bus stands/markets etc. 4. Funding: Budget, Swachh Bharat Kosh, CSR, World Bank. 5. Acc to WB study, Indian economy loses 6.4% of GDP due to poor sanitation. Achievements so far: 1. Campaign has received tremendous response from youth. 2. Making functional toilets a necessary condition for Panchayat elections in Haryana/Rajasthan shows the seriousness of cause. 3. Launching Bal Swacchta Mission under SBA to inculcate values of cleanliness and personal hygiene among children. 4. Districts are competing to get ODF Free status; Swachh Sarvekshan drives 5. Andhra Pradesh and Gujarat have become the first States with all cities and towns declared open defecation-free (ODF) on 2 October 2016, marking two years of the launch of the Swachh Bharat Mission. Challenges/ Evaluation of SBA so far: 1. The 1 year target was to construct 25 lack IHHL, 1 lakh public toilets and achieve 100% collection and transportation of waste in 1000 cities, 100% processing and disposal of waste in 100 cities. 2. Ministry of Drinking Water and Sanitation reported, nearly 2.4 crore toilets constructed in last 2 yrs under SBA 3. Only 20-25% of target in toilet construction is achieved and performance is abysmally low in garbage collection front. 4. Though govt claims construction of 80 lakh toilets in rural areas but it is not SBA alone but also other schemes like MNREGA, IAY.

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5. People in rural areas prefer to defecate in open even if they have a toilet at home. Primarily the reason is the culture of purity and pollution (Untouchability) that underpins the caste system. 6. People are also reluctant to its use due to accumulation of faeces near their homes. They are worried about how these pits will be emptied. Acc to a survey only 3 % of population knew ODF has anything in relation with SBA. 7. Low focus and spending on ‘information, education and communication’ (IEC) activities and preparedness for solid-waste management. Mere construction of latrines does not assure the usage of these sanitation facilities. Fraction on IEC has fallen from 3% of total expenditure in 2014-15 to 1% in 2016. 8. Focus on Solid-waste management which should go in parallel with construction of toilets has been missing. Reasons of Open defecation in Urban centres: 1. Slum growth around urban centres and Poor slum mgmt. Toilet queues and children are often shooed away from queues. Ex: In Mumbai currently there is only 1 seat per 1,800 women. 2. Lack of community sanitary facilities. The ones available are in unhygienic, unclean and lack regular water supply. 3. Many a times these community toilets are located at far-off locations which often deter people from using them. Solution and Way forward: 1. Facilitate participation of civil society (including women) in design, implementation and monitoring. 2. Needs a very aggressive IEC program to influence people’s behaviour, preferences & choice to make India defecation free. 3. Efficient monitoring and evaluation for improved accountability and innovations in design and implementation 4. Empowering urban governance, financial devolution for increased community sanitary infra, proper maintenance. 5. Bringing behavioral changes with support from civil society/NGO. 6. Creating Sanitary Maintenance Fund out of Swachh Bharat Cess to spend exclusive on maintenance. 7. Low cost toilets and low water usage toilets: on the pattern of biodegradable biodigestor based toilets. Recently it has been made by DRDO ,to be used by Army and Indian railways. 8. Finally, the government has improved convergence between MGNREGA works and schemes such as skill development, the Pradhan Mantri Krishi Sinchai Yojana (PMKSY), Housing for All and the Swachh Bharat Mission. 9. Poor sanitation is outcome of unplanned dwellings. SBM needs to be dovetailed with SMART City and AMRUT. 10. Waste segregation at source: biomedical, organic, construction debris, plastic, liquid - helps in easy processing.

Swachh Survekshan 1. To assess the SBA, the Ministry of Urban Development has decided to rank 75 cities by Quality Council of India. 2. Quality Council of India (QCI) was set up in 1997 as an autonomous body jointly by the GoI and the Indian Industry (3 premier industry associations i.e. ASSOCHAM, CII and FICCI), to establish UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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and operate national accreditation structure and promote quality through National Quality Campaign. The DIPP, Ministry of Commerce & Industry, is the nodal ministry for QCI. Ranking: 1. Mysuru, Chandigarh and Tiruchi were ranked top 3 and Dhanbad last.

Deendayal Upadhyay Swaniyojan Yojana (DUSY) 1. launched by Ministry of Rural Development, to promote rural entrepreneurship under Start Up India campaign. It is rural avatar of Start Up India.

Deen Dayal Upadhyaya Antyodaya Yojana’- DAY 1. for uplift of urban, rural poor by providing skill training. 2. Rural Component (2014) - by MoRD. Urban component (2016)- by Ministry of Housing and Urban Poverty Alleviation. 3. It replaces Aajevika.

Deen Dayal Antyodaya Yojana - National Urban Livelihood Mission (DAY - NULM): Deen Dayal Upadhyaya - Grameen Kaushalya Yojana (DDU - GKY) Shyama Prasad Mukherji Rurban Mission (SPMRM) 1. for social, economic and infra dev in rural areas, by provisioning of economic activities, developing skills & local entrepreneurship and providing infra amenities. 2. Corpus: 5,000 crore rupees . To develop 300 clusters over next 3 years across country by 20192020 3. 14 components like, Agro Processing/Agri Services/Storage and Warehousing, Digital Literacy, Sanitation, Piped water supply, mobile health unit, upgrading education facilities, roads, CSC for e-services etc 4. Replace Provision of Urban Amenities in Rural Areas (PURA) initiative. 5. Framework preparation by Union Ministry of Rural Development. 6. Cluster Identification: by State govts in acc with Framework for Implementation. Clusters will be geographically contiguous Panchayats. And state govt will prepare Integrated Cluster Action Plan. 7. Plain and coastal areas with population of 25,000 - 50,000; desert areas, hilly, desert or tribal areas with 5,000 - 15,000. Need: 1. Balanced regional dev : Transform rural India into engine of growth (strengthen rural areas); Arresting mass exodus from villages in search of jobs (de-burden urban centres).

Project ‘Mausam’ 1. Aims to explore multi-faceted Indian Ocean ‘world’ - collating archaeological/historical research to document diversity of cultural, commercial and religious interactions in Indian Ocean Region.

Pradhan Mantri Awaas Yojana (Gramin) to achieve Housing for All by 2022 1. financial assistance is provided for construction of pucca house to all. 2. 1 crore households would be provided assistance for construction of pucca house from 2016-17 to 2018-19 (in 3 years). 3. Would be implemented throughout India except Delhi and Chandigarh.

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Components: 1. Enhancing the unit assistance to Rs. 1,20,000 in plain areas and to Rs. 1,30,000 in hilly states/ difficult areas /IAP districts. 2. Using SECC-2011 data for identification of beneficiaries. List will be reviewed by Gram Sabha. 3. The beneficiary is entitled to 90 days (95 in difficult areas) of unskilled labour from MGNREGA. This will be ensured through a server linkage between PMAY and MGNREGA.

Pradhan Mantri Awaas Yojana (Urban) - (earlier as Housing for All 2022) Aim: Launched in 2015 to construct 2 crore houses by 2022. Background : By 2050, 60% of population will live in urban areas. -> need for affordable housing Target: beneficiaries belonging to EWS. Low Income Groups and Middle Income Groups under the components of In-Situ Slum Redevelopment, Affordable Housing in Partnership, Beneficiary Led Construction and Credit Linked Subsidy Scheme. Challenges: 1. Higher rate of urbanization due to migration 2. rising land/construction costs; Inadequate funding 3. Lack of effective participation at local governance level

Social Security: 1. covers any programme of social protection established by legislation, which provides individuals with a degree of income security when faced with the contingencies of old age, incapacity, disability, unemployment. 2. It can include - Life and disability cover (insurance), Pensions -old age/ widows/ disabled (Income security), Health Care and Maternity benefits (RSBY-cashless healthcare to unorganised sector), Minimum Wages Act 1948 (for unorganised sector) 3. Only 20% of global population has adequate social security coverage. 4. Formal employment which offers some social benefits is only 7% in India (per Economic survey 2014) 5. India spends 1.4 % of its GDP on social protection, among lowest in Asia. Social Security Cover for unorganised workers: i.

Indira Gandhi National Old Age Pension Scheme (Ministry of Rural Development)

ii.

National Family Benefit Scheme (Ministry of Rural Development)

iii. Janani Suraksha Yojana (Ministry of Health and Family Welfare) - conditional transfer for institutional deliveries. iv. Handloom Weavers’/Artisans Comprehensive Welfare Scheme (Ministry of Textiles) v.

Aam Admi Bima Yojana (Department of Financial Services)

vi. Rashtriya Swasthya Bima Yojana (Ministry of Health and Family Welfare) International and Constitutional provisions: 1. Universal Declaration of Human Rights (UDHR), 1948 gives recognition of social security as a basic human right. (Germany and Brazil have given it as constitutional right.) 2. Concurrent list: item 23 - Social security, Insurance, employment; item 24: Welfare of labour, conditions of work, PF, old age pension, maternity benefits. 3. Article 41 - Right to education, to work, to seek public assistance in cases of unemployment, old age, disability, sickness. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Article 42 - Just and humane conditions for work and maternity relief. Need or Importance: 1. Helps reduce IMR/MMR and increases productivity. 2. Improves self-esteem and individual / economy resilience to meet any exigencies. 3. Eradicates incidence of poverty to some extent. 4. Demographic ageing of population, evolving nuclear family structures 5. Rise of informal labour markets and impacts of economic globalization. 6. Rising environmental issues and disease problems. Challenges: 1. Large number of schemes : for a common cause at centre/state level. Convergence of schemes will save beneficiaries from confusion and also save costs. 2. Implementation issues : Lackadaisical attitude of govt employees, poor identification of beneficiaries and absence of WFCs (Worker Facilitation Counters). These WFCs alongwith duly connected ICT infra can collect data on real time basis and eliminate duplications / errors. 3. Delivery issues : Lack of delivery infra and organizational capabilities, Incidence of corrupt practices. 4. Lack of awareness: People are not aware of which benefits they are are entitled to. Government policies: 1. For rural poor1. IAY (one of 6 components of Bharat Nirman) - unit assistance for construction of dwelling unit (Rs 70,000). 2. Homestead Scheme: unit assistance for purchase of house site for BPL houses (Rs 20,000, Centre and State - 50:50) 3. NRHM - launched in 2005, for accessible, affordable, quality healthcare. 2. Pregnant and Lactating mothers1. JSY and JSSK 3. Old age Citizens1. Integrated program for older Person - provide food, shelter, medical care. By encouraging productive and active ageing through providing support for capacity building of govt/ NGOs/ local bodies. Establish Old Age homes, Day Care Centres, Mobile Medicare Units. Popularize the concept of commitment of the family to provide care to older. 4. Food Security1. NFSA - Right to Food is made statutory right of 2/3rd Indian citizens to get food at concessional rates. 2. States like Tamil Nadu have Universal PDS. 5. For Unorganised sector 1. U-WIN (Unorganised Worker Identification Number) card - to provide them with social security benefits covering pension, health services, life insurance. Auto drivers, rickshaw pullers, construction workers will be covered first and will be extended to Anganwadi , MDMS workers, Asha workers subsequently. 2. Unorganised Workers’ Social Security Act, 2008

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Social Economic and Caste Census (SECC) 2011 1. 1st ever caste based census since independence (earlier in 1931); also first paperless survey on hand-held devices. 2. Government would use SECC-2011 data in programmes such as NFSM, MGNREGA, DDUGKY etc and to identify beneficiaries of DBT under JAM Trinity. Findings: 1. Out of 24 crore households, 17.9 crore households live in villages. Out of these 10.7 crore households are deprived. 2. 49% of the households can be considered poor in the sense of facing some deprivation 3. over 90% - of rural India, does not have salaried jobs. 4. 3 % of rural households have a family member who is a graduate, so skilled jobs are going to be hard to get and unable to find jobs that can pull families out of poverty. 5. Only 30% rural households depend on agri as main src of income; 51% depend on manual casual labour. 6. 56% rural households are landless. 7. The data also reflects the inter-state disparity as states like Chhattisgarh, Madhya Pradesh, Odisha are more deprived than southern states such as Tamilnadu and Kerala.

Declining CSR/ Child Sex Ratio/ Saving Girl Child 1. “Live like girl “ mindset; “Missing women” Causes: 1. Patriarchal mindset - daughters as burden(dowry, prone to harassment), preference of male child 2. Misuse of Technology reach - like ultrasound 3. Improper implementation of PCPNDT and Medical Termination of Pregnancy (MTP) Acts 4. Bureaucratic failure to implement various girl child schemes at grassroots level. 5. Low empowerment/ Less education/awareness among women, who fail to stand for themselves. 6. Smaller families - wish for a single child (prefer boy) - family line, inheritance, last rites

Beti Bachao-Beti Padhao (BBBP) 1. To save and empower girl child. To prevent gender biased sex selective elimination by strict enforcement of laws with stringent punishment to violators. 2. Access to nutrition, health-care, education, protection and elimination of discrimination of girl child. Hold Panchayats responsible for child marriage. 3. Promote early registration of pregnancy and institutional delivery. 4. Ensure Panchayats display “Gudda Guddi board” with number of new born boys and girls every month. 5. Nodal Agency - MoWCD. It will be implemented in 100 districts of the country, including 12 districts of Haryana. 6. It is a tri-ministerial effort of MoWCD, Health & Family Welfare and Human Resource Dev. 7. Haryana has one of the lowest Child Sex Ratio in country at 879 as against the national child sex ratio of 918 in 2011 (927 in 2001).

Sukanya Samridhi Yojna 1. Scheme encompasses all girls of every economic strata under 10 yrs to open Sukanya Samridhi Account in Post offices and in Banks. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Minimum 1000 and maximum 1,50,000 rupees can be deposited annually. 3. When the girl child attains age of 18 years, she herself would become eligible to operate the account. 4. The girl child can withdraw 50 % of money after reaching age of 18 for higher education. The 18 years deadline will also help preventing child-marriages.

MNREGA / MGNREGA completed 10 yrs in 2016 (under MoRD) world’s Largest employment program 1. Legal guarantee for 100 days of employment to adult members of any rural household willing to do public work-related unskilled manual work at the statutory minimum wage. 2. 10 categories:- Watershed, Irrigation and Flood mgmt works, Agricultural and Livestock related works, Fisheries and works in coastal areas and the Rural Drinking water and Sanitation related works. 3. World Development Report 2014 (by WB) has described MGNREGA as a ”stellar example of rural development”. It has lifted lakhs of people out of poverty. 4. Considered as watershed in rights based entitlement framework of country. 5. Only law in country which is not budget constraint and not supply driven. (i.e MNREGA is demand driven) Benefits of Programme: 1. Initial years, rural wages started climbing, decline in migration to urban centres. 2. Helped lowering poverty by almost 32% b/w 2005 to 2012. 3. 57% employment to women and 1/3rd to SC/STs (against mandatory 33% for women). 4. MGNREGA as a safety net, bargaining tool for higher wages. 5. Empowering gram panchayats as they plan their work and untied funds to execute them. 6. Created social infra like ponds for water harvesting -> change in crop pattern -> increased area under cultivation/ productivity. Challenges: 1. CAG - Only 20% funds released under scheme for Bihar, Maharashtra, UP. Rampant corruption 2. Not enough skill dev; Poor efficiency; Poor asset creation; Delay in payments. 3. Increased wages -> increased food inflation Way fwd 1. Convergence with other related schemes in agri, irrigation, animal husbandry and road transport 2. Use of IT and social audits to check corruption 3. Linking with SECC data to ensure better targeting 4. Trainers to develop a cadre for effective implementation of scheme. Skilling (to ensure vertical mobility) in conjunction with DDU-GKY and NRLM, to offload burden from MGNREGA.

National Hydrology Project (NHP) 1. aims to collect hydro-metrological data across India and use it for efficient water management through adoption of technologies like remote sensing in the country.

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SCHEME / EXAMPLES Skilling 1. SANKALP, aimed at providing market relevant training to 3.5 crore youth. 2. Skill Strengthening for Industrial Value Enhancement (STRIVE) - quality and market relevance of vocational training. FIFA U-17 World Cup in India 2017, Mission XI Million, the biggest school sport (football)

outreach programme by govt Garib Nawaz Skill Development Centres: employment oriented skill development of youth belonging to Minority communities. Smart Gram Initiative by Rashtrapati Bhavan : sustainable and inclusive development model based on the convergence of resources. Swachh Survekshan- by MoUD - outcome oriented ( SWM, Door-to-Door collection, Processing, ODF status) Food fortification or enrichment is the process of adding micro-nutrients (essential trace elements and vitamins) to food. National Transport Development Policy Committee - Rakesh Mohan recommended setting up of a single unified ministry. Promotion of Hindi Language (Article 351) : OLA 1963 also requires review of progressive use of Hindi in Central govt. Government e-Marketplace (GeM) portal : transform the way in which procurement of goods and services is done by Government RUSA - govt funding for creating new universities through upgradation of existing autonomous colleges. 1. Reforms in academic, exam systems; quality faculty, institutions in underserved areas; improving equity and access.

Dept of Justice initiatives: 1. Pro bono legal services initiative to provide free legal services to underprivileged litigants, who are unable to afford it. 2. Tele Law: connect lawyers with clients through video conferencing facilities. 3. Nyaya Mitra (Retd judicial or Exec officerwith legal experience) scheme : to reduce pendency of cases at District Facilitation Centre.

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BHIM - Aadhar platform: for digital pmt using their biometric data like thumb imprint on a merchants’ biometric enabled device. Operation Clean Money (by ITD, CBDT) - verfiying cash deposits made during the demonetization period using data analytics. Lok Adalat/ People’s court 1. based in principle of Gram Panchayat. Its an ADR with statutory status under NALSA 2. can take up issues lying before courts or even before they are filed in courts (pre-litigation). 3. Cases include - matrimonial/ partition, civil matters, cheque bounce cases, motor accident claims, revenue disputes pending in courts, criminal compoundable cases and service matters pertaining to pension, retrial benefits. 4. Presided by - retired judges, social activists. 5. Award is equi to civil court and final and binding. No appeals. No court fees payable. 6. No advocate or pleader is allowed, even witnesses are not examined. National Programme for Organic Production (NPOP) 1.

Agricultural & Processed Food Products Export Dev Authority (APEDA), Ministry of Commerce and Industry.

Pradhan Mantri Rojgar Protsahan Yojana (PMRPY) by MoLE for incentivising industry for promoting employment generation. Government will pay the employer’s contribution of 8.33% EPS for new employees. Prime Minister’s Employment Generation Programme (PMEGP) by Ministry of MSME, is a credit linked subsidy scheme, for setting up of new MSME and to generate employment opportunities in rural as well as urban areas of the country through KVIC, State Khadi & Village Industries Board (KVIB) and District Industries Centre (DIC). SCs/STs Hub Scheme - by Ministry of MSME : to provide professional support to SC/ST entrepreneurs to leverage the Stand Up India initiatives. Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY) under Overseas Ministry - social securityrelated issues [Scheme closed now] Rashtriya Vayoshri Yojana : aims at providing BPL Senior Citizens with such assisted-living devices. Nirbhaya Fund for implementation of initiatives aimed at enhancing the safety and security for women in the country. MoHFW launched “MAA” programme to provide impetus on breastfeeding till 6 months. Contaminated drinking water 1. Cholera, Dysentery and Diarrhea, Enteric Fever (Typhoid) and Viral Hepatitis A & E

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Lokpal Selection committee comprises PM, LS Speaker, LoP and CJI or a SC judge as per, Lokpal (centre) and Lokayukta (state) Act of 2013. 1. Lokpal with consist of Chairperson and max of 8 members. Lokpal will have power of superintendence and direction over any investigation agency like CBI for cases referred to them by ombudsman. Special courts for trials on cases referred by Lokpal. 2. Covers PM, Excludes Armed forces. 3. Protection given to public servants who act as whistleblowers. Pradhan Mantri Adarsh Gram Yojana (PMAGY) aims for integrated development of selected villages having more than 50% SC population. By - MSJE Swadhar Greh Scheme (MoWCD) targets women victims of unfortunate circumstances who are in need of institutional support for rehabilitation to lead their life with dignity. Providing shelter, food, clothing and health as well as economic and social security for the women victims. Support to Training and Employment Programme (STEP): provide skills that give employability/ self emp to women (16 yrs & above) Ujjawala (MoWCD) : Prevention of trafficking and rehab of women victims of trafficking for sexual exploitation. Hunar Hub - to provide market-opportunity to master artisans belonging to Minority communities. Down Syndrome is a chromosomal condition (47 chromosomes instead of 46) associated with intellectual and learning disabilities. PM Garib Kalyan Yojana (PMGKY) / Operation Clean Money 1. Declaration in respect of undisclosed income. 2. Tax, surcharge and penalty totalling up to 49.90% of the undisclosed income to be paid. Mandatory deposit of 25% of the undisclosed income to be made in Pradhan Mantri Garib Kalyan Deposit Scheme, 2016 The deposits are interest free and have lock-in period of four years 3. Non-declaration will invite tax+surcharge+cess @77.25% alongwith Penalty, Prosecution. INSPIRE-MANAK programme of DoS&T envisages mobilization of one million ideas from half a million schools at the rate of two ideas per school. This initiative will help build a spirit of creativity and ingenuity amongst the young students. Destination North East - Exploring Tourism Potential of North East India National Commission for De-Notified, Nomadic and Semi-Nomadic Tribes (NCDNT) 1. was constituted earlier in 2005, Under MSJE, as per reco of Venkatchaliah Comm 2002. 2. Criminal Tribes Act (CTA), 1871 - British Government declared some of tribes which acc to them, were involved in criminal activities as Criminal Tribes. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. On the recommendations of the Shri Ananthasayanam Ayyangar Committee, CTA was repealed in 1952. 4. Most DNT/NT are categorized as SC, ST or OBC though many of the DNT/NT is not covered in any of these categories ‘In-Residence’ programme in Rashtrapati Bhavan was launched by President of India in 2013 with aim of providing writers and artists an opportunity to stay in Rashtrapati Bhavan, as well as encourage young upcoming talent. “Tejaswini” Socio-Economic Empowerment of Adolescent Girls and Young Women Project. 1. It seeks to empower adolescent girls with basic life skills and thereafter provide further opportunities to acquire market driven skill training or completion of secondary education, Study Webs of Active-Learning for Young Aspiring Minds (SWAYAM) - to provide massive open online courses (MOOC) Modified Special Incentive Package Scheme (M-SIPS) To attract investments in Electronic manufacturing.

Digi Dhan Abhiyaan (under MEity): 1. To promote digital payments across the country. DigiGaon initiative to provide tele-medicine, education and skills through use of digital technologies. Pradhan Mantri YUVA Scheme : online Entrepreneurship & Skill Development initiatives in ITIs, Entrepreneurship Dev Centres Supreme Court Middle Income Group Legal Aid Scheme The Telecom Commission, DoT . It is responsible for formulating policy, budget, and implementation of govt policy. TRAI - is regulator to regulate telecom services and tariffs. statutory body under TRAI Act. Rashtriya Kishor Swasthya Karyakram (RKSK) - SAATHIYA’ Resource Kit and ‘SAATHIYA SALAH’ Mobile App by MoHFW under NHM 1. RKSK identifies 6 strategic priorities for adolescents i.e. nutrition, sexual and reproductive health (SRH), NCDs, substance misuse, injuries and violence (including gender-based violence) and mental health.

National Apprenticeship Promotion Scheme 1. 25% of total stipend; 50% of total expenditure incurred in providing training will be borne by govt.

Fund of Funds for Startups (FFS) an initiative of DIPP, managed by SIDBI Lokpal/Lokayuta – SC uses it extraordinary powers under Article 142 of the Constitution to enforce its own orders: (appoints UP lokayukta - Justice Virendra Singh) Brasilia Declaration - Road Safety, to reduce the number of road accidents and fatalities by 50 % by 2020

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Swachh Yug : Gram Panchayats along the Ganga to be made Open Defecation Free. 1. Tri-ministerial -MoDW&S (Swachh); Ministry of Youth Affairs; MoWR&GR Bharatvani portal is a first multi-knowledge portal and app of its kind for multi-language learning launched by MHRD. Red Line Campaign to curb OTC sale of antibiotics. Agreement for Global promotion of Traditional Systems of Medicine 1. Ministry of AYUSH and WHO Competition Commission of India (CCI) 2002 under MCA : a statutory body to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect interests of consumers and to ensure freedom of trade. GARV app under DDUGJY to provide real time info abt rural electrification status to common man. Jal Gram Scheme/ Jal Kranti Abhiyan : 2 Gram (village) in every district, with poorest indicators of water availability for all round development of water resources, conservation, mgmt. 1. Jal Mitra/ Neer Nari to create mass awareness. Sujalam Card. Rashtriya Avishkar Abhiyan : MHRD to inculcate a spirit of inquiry, creativity and love for Science and Maths in school children. Uchatar Avishkar Yojna : MHRD. fostering “very high quality” research in the IITs Kerala as the country’s first digital state : achieved 100 % mobile connectivity, 75 percent eliteracy, broadband connectivity upto the Panchayat level. Gram Uday Se Bharat Uday Abhiyan 1. strengthen Panchayati Raj and through it, boost social harmony in the villages, promote rural development and foster farmers’ welfare & livelihoods of the poor. 2. 5 Ministries of Rural Development, Agriculture, Social Justice, Labour and Information and Broadcasting along with the States. 3. Village Farmer Assemblies will be org - info regarding Fasal Bima Yojana, Soil Health Card will be provided to farmers. The National Rural Drinking Water Programme (NRDWP) : is a component of the Bharat Nirman. National Institutional Ranking framework 2016 (NIRF) 1. MHRD launched 1st exercise to rank the higher educational institutions in country based on objective parameters. 2. 6 Parameters: teaching; resources; research; outcomes; outreach; peer group perception. Challenges with rankings: 1. Lack of data on many aspects of higher education. 2. Pvt institutions also be included. Grand Innovation Challenge : by NITI Aayog to seek citizens inputs on the key developmental challenges facing India. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Unnat Bharat Abhiyan : is a programme of MHRD to uplift rural India. In collaboration with the IITs, NITs . ‘112’ as the national emergency number for India 4 new additions to UIP: 1. Rotovac 2. Inactivated Polio Vaccine (IPV), 3. Measles Rubella (MR) vaccine, (goal is only to eliminate measles and control rubella by 2020) 4. Adult Japanese Encephalitis (JE) vaccine Rubella is a mild viral infection in children. But a woman infected with rubella virus during pregnancy has chances of transmitting it to the foetus. Virus causes hearing impairments, eye and heart defects and brain damage in newborns.

Special Leave Petition (SLP) 1. under Article 136 of constitution is a special discretionary power in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. 2. SLP can be filed against HC judgement within 90 days and 60 days in case of HC refusal fro grant of certificate of fitness for SC.

Review Petition 1. a binding decision of the Supreme Court/High Court can be reviewed in Review Petition 2. Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.

Curative Petition 1. Even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice. Longitudinal Ageing Study in India (LASI) Indian share of older people: 8.6% (60+). Govt initiative: Vayoshri Samman Yojana Anubhav online platform for the retiring Central Government Employees to showcase commendable work done during service. Sankalp : Dept of Pensioners Welfare to channelize the skill, experience and time of Pensioners into meaningful social intervention. Global Antimicrobial Resistance Partnership (GARP) to check growing anti-biotic resistance.

National Investment and Infrastructure Fund (NIIF) 1. 40,000 crore fund to provide long term capital for infrastructure projects. 2. Government stake has been fixed at 49%. 51% private - characters of both sovereign fund as well as private sector.

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Serious Fraud Investigation Office (SFIO) 1. is as Statutory body under Ministry of Corporate Affairs estb under section 211 of Companies Act 2013, to investigate corporate frauds of serious and complex nature.

Swachch Sarvekshan drive Under SBA rated 73 cities. 1. 1st - Mysore. 73rd - Dhanbad 2. done by Quality Council of India, is an autonomous body setup by jointly by Indian govt and Indian Industry. Ek Bharat Shrestha Bharat (MHRD) : to link States and Districts in an annual programme that connects people though exchanges in areas of language, trade, culture (cuisine, music etc), travel and tourism. Digital literacy in Rural India : ‘Digital Saksharta Abhiyan’ (DISHA) Rashtriya Gram Swaraj Abhiyan : to help Panchayat Raj Institutions deliver SDG through MGNREGA activities. ODF state: SikkiM is the first ODF state in India. Kerala is the 2nd ODF Jan Aushadhi Yojana : Authenticity, Availability and Affordable quality generic drugs through 3,000 stores. National Electric Mobility Mission Plan 2020 to provide impetus to domestic manufacturing of hybrid & electric vehicles 1. FAME India (Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles in India) Plan and Non-Plan classification will be done away with from fiscal 2017-18. 1. Plan/Non-Plan classification has resulted in skewed allocations in the Budget. 2. This needs to be corrected to give greater focus to Revenue and Capital classification of Government expenditure. Padhe Bharat Badhe Bharat : a component of SSA for early grade reading, writing Comprehension & Math programmes for class I,II. UNESCO EFA (Education For All) global Monitoring Report- 2015 - GER (Gross Enrolment Ratio) - 96% in elementary education. eBiz: G2B portal

National Deworming initiative 2016 1. MoHFW alongwith MHRD, MoDW&S launched to protect 27 crore children across whole country aged 1-19 yrs from intestinal worms /parasite (roundworm, hookworms, flukes, whip worm, ascaris and tapeworm). Worm infestation is one of Neglected Tropical Diseases (NTDs) 2. Nearly 64% of children below 14 yrs are at risk of STH. It interferes with nutrient uptake by children 3. to prioritize investment in control of Soil Transmitted Helminth (STH) infections through use of Albendazole tablets. 4. behaviour change practices in terms of cleanliness, hygiene, use of toilets, wearing shoes/chappals. 5. School-based mass deworming program. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Pradhan Mantri Surakshit Matritva Abhiyan(PMSMA) 1. focusing on conducting special ANC campaigns on 9th of every month with the help of Medical officers. Vidyanjali : MHRD launched a new initiative to inculcate reading habits among children and create a reading culture at school, community level. Watan Ko Jano Initiative (under MHRD) for children from militancy hit families and weaker sections in J&K to visit various parts of country and expose to diverse social and cultural heritage of country. Pradhan Mantri Jan Dhan Yojana (PMJDY) for “Banking the Unbanked”. It met with resounding success as more than 21.3 crore accounts have been opened. Pradhan Mantri Suraksha Bima Yojana - PMSBY (accidental death insurance) Rs.2 lakh on death and Rs.1 lakh on partial disability to individuals b/w 18 to 70 yrs for a premium of Rs.12 pa. Pradhan Mantri Jeevan Jyoti Bima Yojana - PMJJY (insurance against death) Covers individuals between 18 and 50 years for Rs.2 lakh at a premium of Rs.330 per year. Atal Pension Yojana (APY) to provide a minimal pension cover to workers in unorganised sector. Pradhan Mantri MUDRA Yojana (PMMY) was launched by the PM for “Funding the Unfunded” by facilitating loans upto Rs. 10 lakh. Shram Suvidha Portal (by MoLE), companies now have to file only a single return instead of the earlier practice of filing separate returns under 8 different Acts. Mission Kakatiya aims to restore water tanks in Telangana to enhance productivity of agri by addressing issue of falling ground water levels, de-silt tank beds and clear encroachments. KAYAKALP award scheme to promote Swachchta (sanitation and hygiene) in public health facilities. Accessible India Campaign (Sugamya Bharat Abhiyan) Making accessible public infra and making roads disabled friendly. Inclusiveness and Accessibility Index has been developed by Ministry of Social Justice & empowerment And FICCI. IMPRINT India (IMParting Research and INnovation in Technology) a Pan-IIT and IISc joint initiative under MHRD to develop a roadmap for research to solve major engineering and tech challenges in 10 domains relevant to India (health, ICT, water, sustainable energy..) Scheme for Providing Quality Education to Madarsas (SPQEM) aims at providing students edu comparable with national standards, affiliation by NIOS. Kasturba Gandhi School in Educationally Backward Blocks (EBBs) where the female rural literacy is below the national average to provide for residential upper primary schools for girls. ‘Cyber Gram’ : to provide hands on training to the students of minority communities on basic ICT skills; 1. become digitally literate; 2. actively participate in knowledge based activities;

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3. access financial, social and government services and use internet for communications. Nayi Manzil (by MoMA) scheme for minority youths (esp J&K minority girls)who do not have formal school edu, school-dropouts or educated in Madarsas, to enable them to complete their education and seek better emp in org sector. USTTAD (Upgrading the Skills & Training in Traditional Arts/ Crafts for Development) - by MoMA for capacity building and updating traditional skills of master craftsmen and artisans. Seekho aur Kamao (Learn & Earn) launched for minorities by MoMA, with Government’s priority for “Skill India” and “Make in India”. Nai Roshni for Leadership Development of Minority Women by providing knowledge, tools and techniques for interacting with Government systems, banks and intermediaries at all levels. Padho Pardesh for providing interest subsidy on educational loans taken from Banks by minority students for higher studies abroad. Hamari Dharohar (by MoMA) scheme to preserve rich culture and heritage of minorities through selective intervention under the overall concept of Indian culture. Prime Minister’s new 15-Point Programme for Minorities - “Multi-Sectoral Development Programme (MSDP)”, “Mission Empowerment”, “Sikho Aur Kamao”, “Usttad”, “Hamari Dharohar”, “Manas”, “Nayi Manzil”, “Nayi Raushani”, scholarship for students, “Padho Pardes”, “Jiyo Parsi”. Mahila e-Haat an online marketing platform to facilitate women entrepreneurs to sell their products to buyers. Joint initiative of WCD and RMK. Swadesh Darshan - 13 thematic circuits (NE, Himalayan, Desert, Tribal, Wildlife, Rural, Spiritual, Ramayana, Buddhist..) Objectives: dev of infra; tourism experience; awareness; pro-poor tourism - handicrafts/local art/ cuisine; emp generation; eco dev Pilgrimage Rejuvenation and Spiritual Augmentation Drive (PRASAD) - 13 pilgrimage sites (Dev and beautification) Pradhan Mantri Ujjwala Yojana Providing 5 crore Free LPG connections to Women from BPL Households during 2016-2018 Ashram schools in naxal affected areas to promote educational facilities in tribal areas for STs. Vanbandhu Kalyan Yojana by MoTA for holistic development and welfare of tribal population of India. The scheme is launched on a pilot basis and will be implemented in only 1 block in each of the 10 states being selected for the scheme. Parytak Mitra Programme : Ministry of Tourism has launched a programme open to college going students to inculcate in them appropriate tourism traits and knowledge, to enable them to act/work as Tourist Facilitators (Parytak Mitra). Tourism is a state subject.

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INTERNATIONAL RELATIONS 1. India and its neighborhood- relations. 2. Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests 3. Effect of policies and politics of developed and developing countries on India’s interests, Indian Diaspora. 4. Important International institutions, agencies and fora- their structure, mandate. Objective of Indian foreign policy has been to develop and expand a diversified set of relations with all major powers and with countries in the developing world. These relations are never mutually exclusive, nor do they constitute a zerosum proposition. As global politics is increasingly becoming multipolar, India will have to strengthen its multi-alignment strategy involving major powers, middle powers and others. ( Myanmar in SE Asia can soon emerge as an important pillar in the Asian security architecture.) China border skirmish - not to allow differences to become disputes. Growing economic clout driving Chinese assertiveness.

INDIA AND ITS NEIGHBOURS India’s policy with regional neighbours: 1. Its high time to revive ‘Gujral Doctrine’ 1996, a policy which sought friendship on the basis of sovereign equality and non-interference, with ‘non-reciprocal generosity’ towards smaller countries such as Bangladesh, SL, Nepal. 2. What South Asia needs is not a powerful big brother but a benevolent elder brother. 3. Model : Lessons from Europe should be drawn where 2 world wars were fought but today they have a common market, common EU parliament. 4. Along with others, both Bhutan and Bangladesh also watch the situation closely. SL has already started looking towards China, US in order to reduce its dependence on India. 5. Government must rethink it strategy towards neighbours. It requires more direct bilateral engagement.

BAY OF BENGAL Significance: 1. could rival the Caribbean as a high-end tourist destination 2. BIMSTEC enhanced cooperation. SL also suggested inviting Indonesia, Malaysia and Singapore into BIMSTEC forum 3. Recently India also invited BIMSTEC as part of outreach segment to BRICS Summit in Goa. Its a new push to revive the moribund forum which was created 2 decades back. 4. BBIN - MVA agreement 5. BCIM corridor - which is also part of China’s envisaged OBOR.

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6. Initiatives could range from coastal shipping to counter-terrorism and from development of underwater resources in Bay to protecting marine environment.

SAARC: 1. Estab: 8 Dec 1985 (3 decade old) 2. Lessons from Europe should be drawn where 2 world wars were fought but today they have a common market, common EU parliament. 3. We can change our friends but not our neighbours. 4. Growing Cooperation between India and Bangladesh is a good sign. 5. Need for greater economic integration and physical connectivity through road, rail, rivers, pipelines will brings benefits to the region. 6. 12th South Asian Games , Guwahati : SAARC countries comprise 21% of the world’s population and contribute about 9% to its economy. SAFTA (not yet a reality): 1. Political challenges; Lack of institutional stability in member nations including wars and coups. Unstable domestic, trade and foreign policies. Lack of Indian Initiative (as a responsible big country). Other Issues: 1. No wonder, according to WB, intra-SAARC trade is even lower than 5 % of total trade whereas in East Asia it is 35 % and in Europe 60%. 2. Non supportive attitude of Pak - Delay in ratifying MVA (finally signed b/w BBIN), veto to SAARC Satellite (now South Asia Satellite) Sharp Drop in Aid to SAARC nations by India 1. Except Pakistan, all other 6 members of SAARC and Myanmar receive significant financial assistance from India.

INDIA-BANGLADESH Significance of Bangladesh 1. Geopolitically Strategic location : wedge b/w Mainland and North East. Bridge to SE Asia and beyond 2. Socio-economic development of North East; contain insurgency, trafficking, migrants; 3. Reduce influence of China (neutral Bangladesh ensures containment of assertive China in Bay of Bengal and counter OBOR startegy) Major issues with Bangladesh: 1. Illegal migration : since 1971 have created issues in bordering states of Assam, Meghalaya, Tripura, West Bengal 2. Porous Border : notorious for smuggling, trafficking of arms, drug and people. 3. China Card : used to supplement its bargaining capacity 4. Water sharing : 54 small and big trans-boundary rivers eg Teesta issue. 5. Ganga Water barrage project and other energy and connectivity projects. Cultural Relations 1. shared history; common heritage; linguistic ties; passion for music, literature and arts. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Economic relations 1. Agreed to cooperate to set up an Indian Special Economic Zone in Bangladesh. 2. 3 bus services between India and Bangladesh that will connect citizens more easily. Enhances trade and P2P contact. 3. Agreement on Coastal Shipping 2015 : would render same treatment to other each other country’s vessels as domestic. It would enable movement of cargo to North East through coastal shipping up to Chittagong and thereafter by road/inland waterways. It will enable two countries to save logistics costs of export and import. 4. Protocol on Inland Waterways Transit and Trade (PIWTT) : mutually beneficial arrangements for use of waterways of both countries for commerce 5. MoU to setup Border Haats (markets) : along the int’l border in North East, which were also existent before 1947 and even in time of Mughal rule. 6. MoU on Blue Economy and Maritime cooperation in Bay of Bengal and IOR. Teesta Issue : Teesta originates in Sikkim, flows through West Bengal into Bangladesh. 1. Bangladesh opposed construction of barrages across Teesta river by West Bengal, as few regions in country were dependent only Teesta River water for agriculture. 2. In 1983 an ad-hoc agreement was reached on sharing to Teesta river water, India and Bangladesh share 75% of river’s waters on a 39% and 36% basis, respectively and 25% to be decided later. 3. Later, in 2013, an agreement was drafted which allowed for the 50:50 allocation of Teesta waters between countries. However, that was not acceptable to West Bengal. 4. West Bengal has been opposing treaty fearing that loss of higher volume of water to lower riparian would cause problems in northern region of state, especially during drier months. This creates issues of equitable sharing during lean season. Power Agreement and Internet service 1. India will supply 100 MW power (already supplying 500 MW) to Bangladesh from Tripura. 2. Bangladesh has commissioned int’l gateway service to Agartala (Tripura) internet bandwidth of (10 GBPS). Sundarban Moitry (Sundarbans Alliance) 1. 1st ever joint exercise b/w Indian BSF and Bangladesh Border Guard (aim: better border mgmt ; prevention of cross-border crimes and expand border security) Akashvani Maitree channel 1. launched to strengthen ties between India and Bangladesh Land Boundary timeline 1. Issues goes back to 1947 as boundary line was defined by Redcliff very hasty. 2. In 2014, 100th Amendment to constitution : 111 enclaves transfered to Bangladesh and 51 to India. Attack on Secular Activists in Bangladesh Fallouts of War crime trials 1. Current Awami League government committed to secularism has boldly initiated trial of war criminals who committed genocide and mass rape during Liberation War of 1971.

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INDIA-MYANMAR Significance of Myanmar 1. Tackle Insurgency : related problems in North East as many militant groups (like NSCN-K) believed to be based along India’s border with Myanmar. 2. Geopolitical : tri-junction b/w East, SE Asia, South Asia; Only ASEAN nation with which India shares a land border. Gateway to SE Asia. 3. Energy Security : ONGC Videsh and GAIL Ltd both have stakes in Myanmar’s offshore oil/gas field and India has invested in English-language training, agriculture and IT sector. 4. Trade and Investment : 1. Myanmar moving to mkt based economy offers large mkt for Indian goods. (growing CMLV countries) 2. India’s demand for pulses can be met by trade in Pulses from Myanmar. 5. Economic Development of North East 1. India increased financial assistance for development to Myanmar by almost 48% in SAARC aid. 2. Kaladan Multi-modal project - for improving connectivity with North-east India through land & water route in Myanmar. (Kolkata - Sittwe seaport - Mizoram) 3. Trilateral Asian Highway Project: connecting India-Myanmar-Thailand. 4. BCIM corridor 6. Regional Cooperation: 1. ASEAN; BIMSTEC; MGC; SAARC (observor) 2. Act East Policy 7. Old colonial ties from time of British occupation. ex: Aung San Suu Kyi studied in Delhi. China angle: 1. It has bankrolled a host of infrastructure projects from oil and gas pipelines. 2. However it has brought popular backlash in Myanmar. Chinese model of economic engagement is seen as exploitative; land confiscation, forced relocation and cross-border influx of cheap goods and labour have all made China unpopular. Myanmar elections: 1. Htin Kyaw became the first civilian President in last 50 years. He paid first state visit to India. 2. Democracy revives after military rule “Junta” of almost a half a century and last 5 years under a quasi - civilian govt by junta members of USDP. 3. Aung San Suu Kyi’s long struggle to bring democracy to Myanmar is similar to Nelson Mandela’s long crusade against apartheid in South Africa. Other constitutional tangles: 1. By agreed constituiton she cannot become President. (as her son are British citizen) 2. 25% seats reserved for army in Parliament. 3/4th majority for any constitutional amendment; 3 imp ministries under military - home affairs, defence, border affairs. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Challenges for new govt 1. Economic Development : Myanmar is one of poorest nation in Asia 2. Military control over amendments : as they occupy 25% stake 3. Rakhine Province: Rohingya Muslims vs Buddhists (ethnic conflicts) 1. Rohingyas Muslims are the most persecuted minorities in the world. Both institutionally discriminated and denied basic human rights in a legally-sanctioned manner.

INDIA-BHUTAN Significance: 1. long-standing diplomatic, economic and cultural relations. 2. Bhutan in a buffer state between India and china. 3. Strategic importance : Chumbi Valley is situated at trijunction of Bhutan, India and China and is 500 km away from “Chicken’s neck”/Siliguri Corridor in North Bengal, which connects NE with rest of country. 4. Tackle insurgency : Bhutan in past has helped to flush out groups like ULFA, National Democratic Front of Bodoland (NDFB) 5. Chinese inroads to Bhutan : Chinese territorial claims in western Bhutan are close to the Siliguri Corridor. 6. Friendship treaty (amendement 2007) : doesn’t require Indian permission over arms imports. Relations: 1. India is Bhutan’s largest trading partner. 2. Hydro-electric power generated by Bhutan’s run-of-the river dams. India has helped finance the dams and buys extra electricity at very low prices. Bilateral Issues 1. Bhutan has requested two entry and exit points in Meghalaya for its trade with Bangladesh. 2. India will develop 10 GW of hydel power in Bhutan by 2020. Bhutan - China Relationship 1. Bhutan has decided to establish independent diplomatic relations with China marking an end to buffer state strategy created by the British raj. China in turn will proceed for an early and complete border demarcation with Bhutan. 2. Any boundary settlement in China’s favor @ this point (Chumbi valley) will have negative implications for India.

INDIA-MALDIVES Relations 1. ethnic, linguistic, cultural, religious and commercial links 2. Both countries agree to cooperate in trade, investment, tourism, anti-piracy, anti-terrorism, anti-drug and disaster management efforts + cultural interaction. 3. Geo strategic location : in IOR; sits amidst major SLOC. 4. Water Aid in 2014 when a fire broke out in water treatment plant.

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5. Indian Naval presence since 2009. 6. India concerned with growing closeness with China. (assistance in infra projects; part of MSR; Termination of airport modernisation project with GMR India and giving it to Chinese Company. Recent agreements: 1. South Asia Satellite coordination centre at 48o East. 2. MoU on tourism, exchange info for taxes, DTAA wrt income from int’l air transport. Democratic Crisis: 1. Maldives turned into democracy in 2008. 2. Former President Mohamed Nasheed (country’s 1st democratically elected President) removal and convicted under anti-terror laws. He was jailed for 13 yrs. UN panel ruled jailing illegal. 3. Current President : Abdulla Yameen Abdul Gayoom (became president in 2013). He paid official visit to India in 2016. His authoritarian regime is criticised for intolerance of dissent and crackdown on opposition. 4. Vice-President : Ahmed Adeeb (arrested in connection with a blast on presidential boat in sep’15) 5. US FBI probed the blast and it found no evidence that it was caused by bomb. 6. Instead of confrontationist approach, govt should adopt a consensus building policy, engage the opposition and act like a healthy democracy. 7. The Emergency was declared after Maldives Army and Police discovered a large cache of arms in different locations. It was imposed to pre-empt a mass rally by main opposition party, to release former President Nasheed. 8. The declaration of short term emergency has raised fears among human rights groups over a fair trial for Mr. Adeeb. Issues in Maldives: 1. Islamic radicalism & infant democracy. 2. Climate change will lead to submergence. So it can take asylum in India, Sri Lanka or Australia. 3. Piracy.

INDIA-NEPAL Significance: 1. Internal Security : India is worried about greater violence in Terai with an 1,800-km-long open border. Alleged links b/w Naxals and Maoists in Nepal. 2. Relations : throughout history, geography, economic cooperation, sociocultural ties. Deep rooted people to people contact of Kinship and Culture. 3. Strategic : buffer state; and departure from warm relations b/w two may provide an opportunity for China to exploit. 4. Check Chinese influence : China is planning road and rail links as part of OBOR. 5. Nearly 10% Nepalese population employed in India. Bilateral relations: 1. 98 % of Nepal’s 3rd country trade goes through India and to port of Kolkata. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. India has also 2 rail lines under construction to increase trade ties with Nepal. 3. India also agreed to give dedicated access to Nepal to port of Vizag. 4. Assistance during Nepal Earthquake (NDRF teams; US $1 billion assistance) 5. Setting up of Eminent Persons Group (EPG) - to review bilateral relations and recommend measures. 6. Military : Indo-Nepal Combined Military Exercise Surya Kiran IX Issues: 1. Indian interference in political matters 2. Closeness to China; part of SREB 3. Trade imbalance 4. 6 month unofficial blockade; anti-India feeling (India playing Big Brother). Peace and stability in Nepal is vital for India’s economic development and security, as it has open borders with Nepal. 5. Nepal is trying to send strong message by flashing China card. Constitution crisis: 1. Constitution deadlock for 7 years, but was adopted in Aug 2015 amid huge protests by Terai, Madhesi people. 2. New PM K P Oli sworn in 2015. Party - CPN (UML). Replaced by PM Prachanda in 2016. Kathmandu Package by Nepal govt to address Madhesi’s concerns regarding 1. Demarcation of states, 2. Delimitation of constituencies (not according to population) is biased against Madhes population as half of population i.e Pahadi community gets 100 seats and reset half consisting of Madhesi and Janjati gets only 65 seats. 3. Proportional representation for Madhesis/Tharus in jobs and parliament, and 4. Strict citizenship rules (eg: norms that disallow children of Nepali mothers married to foreigners from inheriting Nepali citizenship) Who are Madhesis: 1. Madhesis migrated from India to Nepal long back. They have been marginalized and dominated in Nepal. The new constitution of Nepal further marginalizes them and this sparked a huge protest. China Factor 1. Proposed Connectivity of Nepal with Tibet Rail network (to connect Kathmandu and Lumbini). Constraints - Have to scale mtn as high as 6000 m involving heavy cost/time. 2. Agreement on implementation of Pokhara regional int’l airport project. 3. Agreement on transit through China (via Tianjin port - 3000 km away, for transit of Nepal goods imported from 3rd countries). Currently 98% of Nepal’s 3rd country trade goes through Indian port of Kolkata (1000 km from Nepal). 4. China has given approval for long-term commercial oil deal and build oil storage facilities for Nepal.

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Imp features of new Constitution 1. The constitution defines Nepal as a secular country, despite widespread protests for it to be declared a Hindu state. 2. Federal system: It creates 7 states in a secular, federal system. 3. “Entitlement approach” to rights : It guarantees FR and right to food, right to education and right to protection from environmental degradation, right of protection from human trafficking. 4. Rejecting the death penalty.

INDIA-SRI LANKA Historical Relations: 1. 70% of Sri Lankans are Theravada Buddhist and Emperor Ashoka’s son Mahinda who took Buddhism to Sri Lanka. 2. Even during freedom struggle there was close cooperation between Sri Lankan leaders and Mahatma Gandhi and Nehru. 3. Social development indicators are quite high in literacy, health indicators, etc. They have made considerable progress. Economic Relations 1. India is constructing 50,000 houses for $250 mm in Jaffna and also railway lines in Lanka. 2. India has been a major giver of development loans and line of credit to Sri Lanka. Almost 1/6th of India’s development loans go to Sri Lanka. 3. India is also looking to invest in SL in power generation sector. Sri Lanka has a potential in excess of 40 GW of wind energy. Under sea transmission lines are also being built. 4. Proposed ETCA (Economic and Technology Cooperation Agreement) would be an improvement of existing FTA. Bilateral trade is $4.6 billion (Indian exports - $4 billion). ETCA seeks to boost cooperation in technical areas, scientific expertise and research, boost quality standards and improve manpower training and HRD. The ETCA initiative follows unfruitful negotiations, spanning nearly a decade, on a Comprehensive Economic Partnership Agreement (CEPA) between the neighbours. India and Sri Lanka already have a Free Trade Agreement since 1998. 1. Challenges : Certain Sri Lankan’s feel it would be in India’s favour as India has trade surplus; Lanka economy is already under BOP crisis. Tamil Question 13th Amendment 1. It was passed in August, 1987 in accordance with the Accord with India. It provides for appointment of a governor, provincial council (elected for 5 years) and a chief minister and provincial ministers. 2. It also provided for merger of Northern and Eastern provinces, and for certain financial provisions for the provinces. 3. Tamil also an official language. It acknowledged SL as a “multiethnic and a multilingual plural society”. 4. Land and police were given to the provinces. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Fate of 13th Amendment 1. Merger of North and East 1. The Northern and Eastern Provinces were temporarily merged and the North-Eastern Provincial Council was constituted in 1988. However, the council was dissolved two years later and never reconstituted. 2. Land and Police 1. They were never given to the provinces. Fisherman Issue/ Issue of sovereignty of Kachchatheevu 1. Maritime Boundary Agreement 1976, delimited int’l boundary b/w India and Sri Lanka. At that time island was given to Sri Lanka w/o consulting local people. 2. India assets that India still has fishing rights in region. But Sri Lankan fisherman oppose Indian bottom trawlers in Sri Lankan waters as they damage the marine ecosystem. War Crimes 1. A U.N. report has identified patterns of grave violations in Sri Lanka between 2002 and 2011, strongly indicating that war crimes and crimes against humanity were most likely committed by both sides i.e government forces and LTTE of sub-human atrocities. UNHRC Resolution: 1. The United Nations Human Rights Council (UNHRC) adopted a resolution on alleged human rights violations during the Eelam War in Sri Lanka. Cultural relations: 1. collaboration on development of Ramayana circuit in Lanka and extension of Buddhist circuit in India. Fisherman issue: 1. Sri Lanka accuses Indian fishermen of straying into its territorial waters, while the latter maintain they are only fishing in their traditional areas, especially around Katchatheevu, an islet ceded to Colombo in 1974. 2. Sri Lanka asks that big fishing trawlers should not be used as they damage the fishing nets of poor farmers and affect their the fish yield. 3. India has recently decided not to use trawlers for fishing to save interests of poor men and ecosystem. China Factor: 1. China is involved in the construction of Hambanthota port with a refinery and fuel bunkering facility. 2. China is the biggest weapons supplier to Sri Lanka and also backed Sri Lanka’s case in the Security Council and UNHRC against human rights investigations. 3. China is the biggest aid donor to Sri Lanka. 4. It is propping up Pakistan to contain Indian influence. Pakistan is now training SL air force. Strategic Partnerships 1. Naval exercise SLINEX (alternate years)

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INDIA-PAKISTAN 2 tracks for talks a) Comprehensive Bilateral Dialogue (10 issues): agreed in Dec 2015, Foreign Sec’s to discuss 1. Peace and security, confidence building measures (CBMs). 2. Jammu and Kashmir. 3. Siachen. 4. Wullar Barrage/Tulbul Navigation Project. 5. Sir Creek Boundary Dispute. 6. Economic and Commercial cooperation. 7. Counter-terrorism, Narcotics control. 8. People-to-people exchanges. 9. Humanitarian issues. 10. Religious tourism. India ready to discuss terror in J&K but not J&K itself with Pak as it has no locus standi. In recent times despite great effort to reach out to Pak by govt, India has faced several attacks, have made difficult for relationship to grow. b) NSA level talks 1. focus on terror-specific mechanism Indus Water Treaty 1960 1. signed b/w J L Nehru and General Ayub Khan through mediation by WB. The agreement involves water use for Indus and J,C,R,B,S. India got control over waters of R,B,S. 2. A Permanent Indus Commission was set up to implement and manage disputes related to Treaty. Pros: 1. treaty has amicably resolved dispute b/w two countries. 2. Indus is considered as lifeline for Pak. Through this India has shown humanistic, liberal and ethical attitude towards Pak. 3. Any review process from India will affect Pak’s agri/ economy/ energy production Cons: 1. Treaty has proved to be too generous for a rival state like Pak whose nefarious attitude towards India is frequently seen (Pathankot, Uri). It is against interest of J&K as it can’t use Indus, Jhelum and Chenab water for non-consumption. 2. India gets 20% water only. While India is seeing increasing water dispute (eg: SYL) 3. Many projects like Kishanganga, Baglihar, Tulbul are delayed due to Pak. Challenges in bringing changes to treaty: 1. Raises moral and ethical challenges as a responsible nation (UNSC aspirant). It may also further deteriorate relations with Pak. eg: Israel was condemned world-over when it stopped water flow to Palestine. 2. Environ damage; river flows through earthquake prone zone. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. It would take years to build dams, it may also lead to floods. 4. The decision to abrogate treaty would make neighbours uneasy (Bangladesh - Teesta; Nepal). 5. India may also face ire of China (close associate of Pak), if it changes flow of Indus/Brahmaputra. 6. Global condemnation in case of violation of treaty. Way ahead: 1. Article 62 of Vienna convention and International court of Justice(ICJ) has upheld principle that a treaty can be dissolved by reason of a fundamental change of circumstances and reasonable grounds. Therefore with growing hostility and Pakistan’s state sponsored terrorism in India, we should re-look at the treaty on above grounds. MFN Issue (Economic and Commercial cooperation) 1. In 1996, India granted MFN status to Pakistan under WTO guidelines. Pak has not extended same to India. However Afghan-Pakistan Transit Agreement lets Afghan goods destined to India pass through Pakistan free of duties but not vice versa. Water Disputes 1. Baglihar Dam is a run-of-the-river dam, can only delay river flow for a short time, it cannot stop river. Despite this Pakistan objected over it and matter was handed over to an International Arbitration Tribunal which decided in India’s favor. 2. Tulbul Navigation Project : It is a barrage on Wular Lake. India wants it so as to control flow of water in lean winter months and keep it navigable throughout year. Pakistan alleges it is a storage project and hence a violation of Indus Treaty 1960. 3. KishanGanga issue : Both sides are creating dams on either side of LoC. India’s dam will be completed in 2016 and Pakistan’s in 2018. Completion of Indian run-of the river dam will result in diversion of flow of the river and hence Pakistani dam will not be able to generate its full capacity of hydro power. India asserted that it has a right to transfer river waters between tributaries under Treaty while Pakistan cries foul. Pak plans to reach out to int’l tribunal. Earlier in 2013, Int’l Court of Arbitration upheld India’s construction of Kishanganga dam. Sir Creek 1. is 96 km long tidal creek on border of India-Pak. 2. 1914 - Govt of Bombay Award/resolution: 1. Paragraph 9 : boundary is the green band, on the east bank of the creek. 2. Paragraph 10 : boundary is the centre of navigable channel, incidentally as per int’l accepted ’Rule of Thalweg’. India supports this but Pak says doctrine applies only to non-tidal rivers. 3. Pakistan has laid claim that Sir Creek has moved eastward. This is based on finding of joint survey in 2007. Accepting Pakistan’s premise on green line, would mean a loss of abt 250 sq miles of EEZ. 4. Though India wants to demarcate area as per TALOS (Technical Aspect on Laws Of Sea), but Pak first want to resolve issue and then demarcate. 5. Significance: Dispute mainly because it is considered to be one of largest fishing grounds in Asia; rich in hydrocarbons (oil/gas) and shale gas - immense economic potential. Land has little value as it is a marshy wasteland. Low strategic importance.

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6. Challenges due to non-resolution: Fisherman misery; Drug smuggling; Terror (eg: 26/11 Mumbai attack) 7. Way ahead: Creek has ecological sensitivity and it can be converted into a jointly administered maritime park. Siachin Issue 1. Siachin sits at a very strategic location which would give Pakistan direct connectivity to China as well as a strategic oversight over Ladakh region and Leh-Srinagar highway posing a serious threat to India. 2. Point NJ 9842: In 1984 Shimla Agreement LoC was defined till this point and it said beyond this point LoC will ‘continue north till glaciers’. India says LoC runs NW from NJ 9842 along Saltoro range which give whole of Siachin glacier to it while Pakistan says LoC runs from NJ 9842 to Karakoram pass (in NE) which gives Siachin to it. 3. Operation Meghdoot 1984: India learnt that Pakistan was giving clearances to foreign trekkers for access to Siachin and also that it was planning to occupy Siachin. So Indian army in 1984 operation moved in and occupied positions along Saltoro ridge and captured all the higher points. Pakistan only occupies lower points and has no presence on Siachin glacier. 4. India wants Pakistan to record current troop positions (AGPL) clearly on map before any withdrawal can be done. But Pakistan argues first for withdrawal and then discussion. 5. Actual Ground Position Line (AGPL) : line that divides current positions of Indian and Pakistani troops in the Siachen Glacier region. Way fwd: 1. Mutual withdrawal of forces. Convert it into a Peace Park (Biodiversity Park) and release any claims over it. 2. There is a need for demilitarisation as it costs many lives and money. Moreover there are enough sophisticated mechanisms like remote sensing and satellite imagery which is available to prevent any surprise Pakistani invasion. Argument against demilitarisation is that India dominates Siachen heights and is in a strategically advantageous position vis a vis Pak/China. The Baluch Question 1. Baluch Pak’s largest but least developed province. Roots of conflict go back to independence when princely state of Balcoh was forced to join Pak. 2. The current movement started in 2004 when Musharraf regime killed tribal leaders in Baluchistan. 3. Traditional reasons for protests have been economic exploitation. They are deprived of the benefits of the mineral wealth natural gas ,copper supplied and Gwadar port city is disturbing the local way of life and also considered an attempt by Pak to change demography. 4. Insurgency and Human Rights violation (extra-judicial killings) : Pak alleges India for backing Balcoh Liberation Army. Pak on Kashmir Unrest 1. Pakistan sought to escalate tension over Kashmir and called Hizbul Mujahideen militant Burhan Wani, a “martyr” and accusing Indian forces of “extrajudicial killings. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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China - Pakistan deal and impact on India 1. Pak and china close to each other for decades (all weather friends) 2. China Pak Economic corridor : It also passes through POK. China pouring in $46 billion. Biggest Chinese investment overseas. Gives access to China to Arabian sea (Chinese expansion westwards) and completing string of pearls to encircle India. 3. Economic and strategic partnership (defense deals of selling 6 submarines), nuclear technology (nuclear power plants). 4. Driven by Chinese energy needs from west (eying Iran’s natural gas) in Xinxiang region. 5. Chahbahar port (Iran) development and operation in discussion with India to create access to Afghanistan and central Asia. Considered as a step to counter Chinese strategic footprint in Pakistan. Recent Developments: 1. PM Modi kicked off by inviting SAARC leaders to his swearing-in ceremony. 2. Foreign Secretary level talks (2014) and NSA level talks (2015) : were called off after Pakistani High Commissioner, Abdul Basit, met Kashmiri separatists. 3. Rising military infiltration and occasional provocation from across the border. ex: Gurdaspur attack in Punjab 2015, Uri, Pathankot attacks 2016. 4. Pakistan is a state in deep crisis, fighting its many demons. India’s Stand since Modi govt(2014): 3 guiding principles1. talk about all issues in a dialogue process, 2. no third party mediation and 3. terror and dialogue would not go together Way forward: Innovative measures are required to improve the bilateral relations: 1. Cultural and Social Connect: 1. Common historical /cultural values. ex IITF like initiatives hosting Pakistani cuisines are liked by everyone. Similar initiatives should be taken fwd. 2. Culture that we can make inroads into Pakistani hearts and appeal to the minds of the Pakistani aspirational set. 3. Cricket Diplomacy: hosting and inviting political leaders at matches. 2. Economic: 1. Increasing bilateral trade which currently stands at 2.6 billion needs to be increased. Opening FDI from Pakistan. 2. Multilateral initiatives like TAPI, India business Card for business community of SAARC (planned to be launched) 3. Defence: 1. Demilitarization in peaceful streches of border. 2. CBD and NSA level talks

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4. Engagements of Civil Societies and initiatives like “Aman Ki Asha”. 5. Need of a composite structured dialogue (started since 1997): 1. Frustrated by their inability to hurt India, JeM, LeT and others have tried to retain their relevance by instead targeting India-Pakistan dialogue process time and again. 2. A sustained dialogue is only fitting answer to terrorist groups and to their handlers inside Pakistan establishment who wish to destabilise peace process. 3. Process can be initiated with resolution of “low-hanging fruit” of issues such as visas, confidence building measures on LoC, water issues and Sir Creek dispute 4. India must also not give up on pushing Pakistan government to deliver justice to terrorists, Hafiz Saeed and Zaki-ur-Rehman Lakhvi whose role in Mumbai attacks is well documented and accepted by UN and U.S. courts.

INDIA-AFGHANISTAN Relations between India and Afghanistan go long back in history as well as transcend narrow strategic calculations. Afghanistan’s Strategic Importance 1. It is deeply ethnically divided with pockets of ethnic dominance across the country. The British determined the Durand line but Afghanistan never recognized it. The border is now an open border. So controlling disturbing elements is difficult. 2. It shares border with Pakistan, Tajikistan, Iran, Turkmenistan, Uzbekistan and China. It is rich in mineral reserves. Thus it can serve as a hub for energy transport and Eurasian trade. 3. India has been reluctant in providing any direct military assistance, as it fears that it being sucked in a direct military relationship with Afghanistan could enrage Pakistan, who has long worried thats its northern neighbour could be used as a base for aggression. Also Pakistan in the past has alleged that India’s Intelligence services are using Afghanistan to back secessionist in Balochistan. 4. The possibility of Indian arms leaking to militant outfits remains rife. Use of these against India could be a major strategic and diplomatic blunder. 5. India is also not happy with Afghanistan’s current regime’s soft stance towards China and Pakistan, and even Taliban. 6. Afghanistan had lost confidence in Pakistan’s ability to bring the Taliban to book or on table for talks. US, Afghanistan’s biggest security provider has also changed its old policy of cutting India out of security equation. Agreement on Strategic Partnership 2011 to create enabling environ for Afghan people to realize their vision of a functioning democracy. 1. Political and Security Cooperation 2. Trade and Economic Cooperation 3. Capacity Development (of Afghan National Security Forces) and Education 4. Cultural Aspects UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Bilateral Relations 1. historical and cultural links 2. Since signing of Indo-Afghan Friendship Treaty in 1950, India aid has reached large parts of Afghanistan Economic Relations 1. India is one of the largest aid donors to Afghanistan with ~$2 bio. 2. India built a road connecting Afghanistan to the Iranian port of Chah Bahar. Road connecting Zaranj to Delaram. 3. India also constructed power lines to bring electricity to Kabul. 4. India built hydel and telecom infrastructure as well as parliament building there. 5. Both countries have signed MoU on hydrocarbon and mineral resource development. India is now looking at 6 petroleum blocks in N Afghanistan and 4 copper mines. 6. India is going to sign a pact with Afghanistan on mining coking coal. 7. India has constructed Salma Dam Project (Herat) in Afghanistan. 8. India has transferred 4 Russian-made Mi25 helicopters to Afghanistan (2015) and 500 scholarship to children of martyrs. Silk Road Strategy 1. It involves connecting central, south and SE and east Asia. TAPI pipeline is a part of it. 2. It is pushed by US to isolate Iran. Peace Initiatives in Afghanistan Heart of Asia - The Istanbul (Process) 1. Heart of Asia process acquires significance. It is a part of the ‘Istanbul Process’, which provides a platform to discuss an agenda of regional cooperation with Afghanistan at its center. Quadrilateral Coordination Group (QCG) for Peace in Afghan 1. of the U.S., China, Pakistan and Afghanistan India’s Position on Afghan Peace Talk 1. The peace talks must be Afghan led and Afghan controlled. It was not possible for anybody from outside to conjure a successful peace architecture for Afghanistan. 2. Despite repeated invitations, India believes it must restrain itself to a point which is consistent with our philosophy and allow the Afghan people to choose their own destiny. 3. We also expect them to deliver on drug trafficking, fundamentalism and religious extremism. Way Ahead for India 1. There is a view that India will find it difficult to stay engaged given Pakistan’s reluctance. But positive factors are: 1. Pakistan is fast losing popular goodwill in Afghanistan. 2. It may not be possible for the Taliban to take over Kabul so easily because of the gaze of the international community. 3. Afghans want to move closer to India. 2. Thus, if India retains the political will to remain engaged in Afghanistan, it can do so even as the

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latter becomes turbulent. India must be ready to provide the necessary resources. It needs to improve its delivery mechanisms and cut down on implementation delays. India no longer has as much leverage with the erstwhile northern alliance members (Tajiks, Uzbeks and Hazaras) like it had a decade earlier. These links will have to be reactivated. 3. India should also be part of multilateral efforts, particularly the SCO, CSTO, NATO. 4. India must not get bogged down by Pakistan.

INDIA-MAURITIUS More than 68% of the Mauritian population is of Indian origin, most commonly known as Indo-Mauritians. India and Mauritius co-operate in combating piracy, which has emerged as a major threat in the Indian Ocean region and Mauritius supports India’s stance against terrorism. DTAA (Double Taxation Avoidance Agreement) and Prevention of Fiscal evasion wrt taxes on Income and Capital Gains: 1. The 1983 treaty laid down that the capital gains tax on Mauritius companies will be payable only in Mauritius and not in India. Thus while in India they had to pay 10% tax, in Mauritius they pay 0% and hence evade tax. Thus Mauritius accounts for nearly 40% of India’s FDI (and its GDP is 1/100th of India) 2. Amendment signed in 2016 for Source based taxation on capital gains on FDI : The amendment prevents this misuse of treaty abuse, round-tripping of funds, curbs revenue loss, prevents double non-taxation and also provides for exchanging info on tax evasion. It will allow profit and interests from capital gains (profit from property sale or investment) to be taxed effective April 2017. It will be taxed at 50% of domestic rate in India. 3. With this, both countries are now moving into a source-based taxation of capital gains from the adopted residence-based taxation methodology for capital gains taxation. Economic Relations 1. India has offered to help Mauritius in capacity building, financial assistance and training to develop renewable energy sources. 2. The bilateral trade between India and Mauritius is $1.5 billion almost all in favor of India. Besides petroleum products, main items of India’s exports to Mauritius in 2010-11 were cotton, pharmaceuticals, cereals. India is a major supplier of cotton to Mauritius’ textile industry. A significant portion of Mauritius’ basmati and non-basmati rice requirements are also sourced from India. Inter-Governmental Agreement : 1. on cooperation in cooperatives and related fields. 2. The Mauritius government has exclusively offered to transfer bio-farming technology to India.

INDIA-AFRICA Some facts 1. Total India-Africa Trade: $75 billion (2014) 2. Total population : 1 billion; GDP $2.5 trillion 3. 5 countries of Africa - Algeria, Angola, Libya, Nigeria and Ecuador are the Members of OPEC group. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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4. Nigeria, Algeria, Egypt, Libya, South Africa, Mozambique and West Saharan countries have huge proved reserves of minerals and hydrocarbons. Challenges: these regions are highly prone to extremism, piracy and anti-government movements. Indian initiative in Africa: 1. Capacity building in IT by tech assistance worth $1 billion and training personnel under Indian Technical and Economic Cooperation (ITEC) 2. Pan-Africa e-Network 3. India has extended $7.5 billion through lines of credit for various infra projects in 40 countries 4. Offered Duty-Free Market Access to Africa’s LDC 5. Indian advantage over China 1. Indian democratic traditions - comfortable partner 2. Better integration of Indian companies with African society and encouraged tech transfer to African partners. 6. SAGAR-MALA outreach for Indian Ocean islands. India - Africa Forum Summit 3 (IAFS-3) 2015 1. This engagement started in 2008. 2. In 3rd IAFS which took place in Delhi, 41 head of states and govt from 54 countries in Africa were present. The summit was the largest gathering of foreign dignitaries in New Delhi since the 1983 Non-Aligned Summit. 3. Action Plan include human resources and institutional capacity building and education, s&t, agricultural productivity and foodsecurity, industrial growth including MSME and minerals, health sector, infrastructure, ICT, judicial system, police and defence. Relations: 1. Geologically, India was once part of Africa (Gondwanaland) 2. Socio-economic similarities: shared colonial history and apartheid, similar development profile and challenges) and complementariness (vibrant Indian pvt sector/technology and its untapped agricultural and mineral wealth) 3. Common challenges : int’l terrorism, poverty, disease, illiteracy, hunger, climate change, outstanding issues at WTO, UNSC reforms. 4. Increased people people contacts: African entrepreneurs, medical tourists, students and many indian experts and entrepreneurs have headed there. 5. India needs to ensure: 1. Last mile delivery to ensure efficacy 2. Make more efforts to inform African friends about its contributions. Media campaign is desirable. eg: Low cost drug for Ebola epidemic in 2014 6. The success of India’s soft power strategy has been evident in countries like Sudan, where Indian corporations have attained near complete control of the local oil and natural gas industry. 7. Similarly in Zimbabwe where China’s dominance in the energy and resource sectors is being challenged by private and state?owned Indian enterprises.

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8. African nations have realized that though Chinese investments are attractive but (assertive) they have certain issues like - chinese companies employ Chinese workers and not locals; don’t pay much attention to environ protection; strict conditions of using Chinese tech. 9. The goodwill India enjoys in the continent is a result of the principled anti-colonial positions India took in the post-Independence era. India should cash in on that goodwill to build a stronger economic and political partnership with Africa in the new century. Challenges: 1. Not alone India but also other global powers involved in Africa strategy (like US, EU, China, Japan) 2. Increasing competition between India and China for new markets, agricultural land and access to natural resources. 3. Forum on China - Africa Cooperation (FOCAC). In 2015 summit China declared a $60 billion package that will benefit Africa. China has also established a logistics base in Djibouti as a cover for military base. 4. United States Africa Command - US-AFRICOM is one of 9 Unified Combatant Commands of the United States Armed Forces UNSC seat: World order has changed since the aftermath of WWII and reforms are needed to make it more inclusive and representative. Therefore equitable representation of different regions of the world is required in order to have a better understanding of world’s problems. 4th India-Africa Hydrocarbon Conference/Summit (IAHC) 1. Govt of India organised summit in Jan 2016. 21 countries participated. 2. To enhance energy security for India and capacity building, HRD and employment generation for Africa. 3. India imports more than 75% of its crude oil and 35% of its natural gas. 4. At a global level, India has emerged as the 4th largest consumer and 3rd largest importer of crude oil. Significance: 1. Africa alternative for oil - i) to diversify its imports dependence ii) Saudi Arabia’s decision of charging premium to asian consumers. 2. Currently Africa (major supplier - Nigeria) contributes - 15%. Others: Angola, Mozambique 3. Gas: top 4 suppliers to India - Qatar, Nigeria, Australia and Equatorial Guinea 4. Term Contract: The benefit is that it ensures quantity as well as a stable price. Where as spot markets price fluctuate drastically. PSU investment in Africa 1. Investment in Africa could be a ray of hope for struggling PSUs. 2. This would require African countries to bring policy changes restricting some sector for govt PSUs such as railways, energy, heavy industry (nehruvian model) 3. China-Africa trade ~$200 billion; India-Africa ~$70 billion. By 2020, China aims to double. 4. Africa not a new destination. Many companies in energy sector, Bharti Airtel, Tata group has presence UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Economic Opportunities in Africa Opportunities: 1. Vast natural resources (50% gold reserves, 90% of cobalt, 30% uranium) 2. Human resource (1 billion population) 3. Easy labour laws 4. Favourable regime 5. Easy land acquisition 6. India can help in food processing sector. Providing a valuable food chain. 7. Energy Deficit - India has been involved in projects related to renewable energy such as solar energy in Africa. 8. Fertilizer Joint Ventures - India and Algeria recently concluded. Algeria has huge deposits of Phosphate (India imports 90% of phosphate needs) Challenges: 1. Violence and Internal strife (Nigeria : 1st Largest economy of Africa- Boko Haram, Kenya : 8th largest economy - Al Shabab belonging to Al Qaida killed 80 people in Nairobi, Egypt,Algeria, Libya) 2. Investment risks apprehensions against incumbent govts and their taking over of companies 3. Political instability 4. Not lot of large business groups to partner with 5. Intense competition from China, EU. China is Africa’s largest business partner. 6. Low cost financial credit not available. Arguments: 1. Africa with its rich resource base is an economy of future 2. Africa is home to nearly 1/6th of the global population 3. Europe has 3 members while African continent has no representative in UNSC 4. Failure of Peacekeeping missions pursued by the existing members necessitates that a member from Africa be made a part so as to deal the issue in a better manner Opposition: 1. Africa lags far behind in terms of GDP per capita 2. Africa finances a minuscule percentage of UN Peacekeeping missions 3. low level of development as evident on rankings in HDI 4. more members will make decision making even more difficult in UNSC. 5. Africa is nowhere close in military modernization.

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Nigeria Internal dynamics 1. Boko Haram violence Mozambique 1. MoU on Prevention of illicit trafficking in narcotics. 2. Purchase of Pulses from Mozambique. 3. IOR South Africa 1. is a member of NSG, its cooperation is essential for India. 2. Scope for engagement in defence production (Make in India), manufacturing, mining. 3. Tourism and Culture cooperation Tanzania 1. Common Challenges : Terrorism and climate change (food security) 2. Rehab and improvement of water supply system in Zanzibar Kenya 1. DTAA South Sudan @Internal dynamics 1. Civil War : In 2011 South Sudan split from its northern neighbour ending decades of violence b/w South Sudan (Christian) and Sudan (Muslim). 2. Currently armed conflict in Juba b/w govt and opposition forces due to power struggle. 3. Operation Sankat Mochan : to evacuate Indian’s from Juba.

INDIA-AUSTRALIA Strategic relations Civil Nuclear Agreement - concluded (supply to start soon) 1. allowing it to supply uranium to India. Australia has about 40% of world’s recoverable uranium resources and exports nearly 7,000 tonnes of it a year. Major issue: 1. Under Section 51(2) of the Australian safeguards law, it is mandatory for the government to account for all Australia-Obligated Nuclear Material (AONM), in terms of “location, quantities and intended use,” verified on an annual basis. 2. India’s position is that all imported nuclear material is subject to safeguards under the guidelines of the IAEA and further bilateral intrusions are unnecessary. Comprehensive Economic Cooperation Agreement (CECA) 1. would be in place by the target deadline of December 2015. But delayed now. 2. Bilateral trade estimated at $15 billion UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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INDIA-CENTRAL ASIA 1. Status: 1. Silk Route and Buddhism flourished here. 2. Challenges: 1. limited land connectivity 2. limited size of the Central Asian markets 3. Rebuilding Afghanistan 4. Syria issue, 3. Policies and programs underway: 1. ‘Connect Central Asia’ policy based on political, economic and people-to-people engagement 2. TAPI (Turkmenistan-Afghanistan-Pakistan-India) pipeline TAPI pipeline 1. $10 billion 1800 km long pipeline to supply natural gas from Turkmenistan to Afghanistan, Pakistan and India. 2. Issues: difference between below mentioned countries on issue of border, security and terrorism. Ashgabat Agreement (Turkmenistan) 1. India acceded to agreement, Int’l Transport and Transit Corridor for transportation of goods b/ w Central Asia and Persian Gulf. 2. 5 countries: Uzbekistan, Turkmenistan, Iran, Oman, Kazakhstan. [Qatar has withdrawn] . Significance: 1. Would synchronize with our efforts to implement Int’l North-South Corridor (Russia, Iran, India via Azerbaijan). This route is 30% cheaper and 40% shorter. 2. Boost to Connect Central Asia Policy 3. Counter to OBOR;

INDIA-CHINA Current issues 1. Standoff at dong La (Sikkim) : Chumbi valley tri junction (near chicken neck corridor) 1. Territorial nationalism 2. Assertive hegemonic stance China Significance: 1. Pakistan-China bond, often termed an “all weather friendship”, is deeper than ever before, reinforced by $46-billion China Pakistan Economic Corridor (CPEC). 2. China is involved closely in other subcontinental developments, such as the Afghanistan-Taliban talks, that will have a bearing on India-Pakistan ties. 3. The biggest source of tensions between India and China, the border issue in Jammu and Kashmir, is geographically linked with Pakistan.

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4. On the subject of terrorism, it is China that has had a higher rate of success in controlling the levers in Pakistan that run terror groups than most other countries. Relations with India: 1. In 2015 strain in India-China ties grow, not due to bilateral ties, but borne of their ties with other players in the region. India heralding a decided shift towards the U.S; specifically mentioning “ensuring freedom of navigation and over flight” in the South China Sea” as a goal. 2. China, unveiled CPEC, making the road through Pakistan-occupied Kashmir and Pakistan an integral part of its One Belt, One Road (OBOR) plan. 1. OBOR initiative is centerpiece of China’s foreign policy and domestic economic strategy. 2. China’s plan is to construct roads, railways, ports, and other infra across Asia and beyond to bind its economy more tightly to rest of the world. It links 3 continents - Asia, Africa, and Europe. 3. 34 countries have already signed agreements with China. 4. Indian response : It is being seen as both a threat and an opportunity. To be firm while responding to threat and making use of opportunity will depend on strategic thinking India is able to bring to table. India wants a consultative process for OBOR roadmap rather than unilateral decision. 5. Pro’s: facilitates Make in India and Digital India initiatives, as it provides global transport and internet connectivity. 6. Con’s: CPEC passes through POK. Challenges Indian sovereignty. However at same time, India is founding member of AIIB which is funding OBOR. 7. Way fwd: There is little India can do about CPEC. On the bright side, a more economically stable Pak maybe good for India. India can adopt a wise approach and join it like it joined AIIB and try it as a alternative provided its security interests are not compromised. 3. Indian strategic ties with U.S. and Japan, both allied against China on the South China Sea issue, also got closer. Trilateral talks and military exercises among the 3 countries, which China has always read as an attempt at its “containment”. 4. Need for a balanced shift: 1. China today is a close friend to Russia, controls much of Asian economy, and has most of Europe in its debt. Also India’s largest trading partner. 2. China is also involved too deeply with each of India’s neighbours, including Afghanistan, the Maldives, Nepal, Sri Lanka, Bangladesh and especially Pakistan, for it to be cut out of India’s equations with them. Ex, Afghanistan’s decision to trust China as a guarantor for its talks with the Taliban; Agreement between China and Nepal for fuel supplies and the opening of trade routes and port access after the stand-off between India and Nepal. 3. Even the TAPI pipeline will draw from reserves developed by Chinese loans. 4. China is seen as a hegemonist power by its maritime neighbours, it is seen as a stabilising force that invests in long-term development by its neighbours on land in South and Central Asia. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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5. it benefits India to engage China in promoting infrastructure and fighting terror in the neighbourhood. 5. India has removed conference visas (for workshops/seminars organised by govt dept, PSU, Public funded educational institutions) for Chinese participants from the prior referral category (PRC) as it was a major hindrance for the Chinese to come here and share technological advancements and strategies. 6. BCIM Corridor : Connecting Kunming with Kolkata. Access to markets in South Asia. Current issues: Dam on Brahmaputra (by China): 1. Zam Hydropower Station on Brahmaputra (as part of China’s Great Dam Diplomacy) 2. Its argument that the dam, being a run-of-the-river type, will not affect lower riparian states, is a flawed one as well. But India is still concerned over China’s ability and dominance to release water in times of conflict which can pose serious risk of flooding. Relations: 1. renewal of the 2013 MOU on Joint Water Management which helps India and China share hydrological data on multiple Himalayan rivers, which helps emergency management during floods and better planning in lower riparian rivers. Border relations: 1. Established a India-China HLM Mechanism at ministerial level to be held in Beijing and Delhi once every 2 years for cooperation in fields of combating terrorism, drug-related crimes, cyber crimes, economic crimes, illegal immigration activities, illegal trafficking. Economic and Trade relations: Concern over India’s large trade deficit with China. External affairs (South China Sea confrontations): 1. Slow growing economy and increasing dictatorship of Xi Jinping. 2. Impending threat of survival he may play the nationalist card - through aggression, for example, to seize claimed or disputed territory in its neighbourhood. 3. Then there are the confrontations in the East and South China Seas, and on the Sino-Indian border, as potent flashpoints with China’s neighbours. 4. Chinese assertiveness is leading to a grand alliance of littoral balancers led by the United States forming, and including Japan, the Philippines, Australia, Vietnam and India. 5. India is hesitant to directly join any alliance and hence getting into bilateral partnerships with US Military buildup: 1. China is determined to modernise the military (submarines, aircraft carriers, stealth fighters) at the same time as China gets more assertive in its territorial disputes in the East and South China Seas. Uighur Muslims minority in Xinjiang province: 1. terror threats by showing allegiance to ISIS.

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Silk Road Economic Belt (SREB) 1. China-led initiative will connect Asia with Europe along a land corridor interlinked by rail, roads, industrial parks and smart cities. China-Pakistan Economic Corridor (CPEC) project 1. Massive project of road, rail, energy schemes, pipelines and investment parks, passing through PoK. 2. The corridor would transform Pakistan into a regional hub and give China a shorter and cheaper route for trade with much of Asia, West Asia and Africa and access to Indian Ocean.

INDIA-EUROPE India-France Strategic relations 1. Counter terror cooperation; 2. President Francois Hollande guest for Republic day 2016 (5th French Presi as Chief Guest 3. Defence procurements: 36 Rafale fighter jets deal 4. Emerging areas of cooperation: homeland security, cyber security, and special forces like NSG. 5. Cooperation in Maritime operations in IOR, given French presence in Reunion islands, for maintaining safety of sea lanes, tackling piracy. Economic relations: 1. Rail: Jt. venture b/w Alstom and IR to produce 800 electric locomotives in Bihar. 2. Smart cities initiative: French technical assistance and funding for Nagpur, Chandigarh and Puducherry. Strategic relations: 1. 36 Rafale deal (France) done for $8 billion 1. Range: 3700 kms 2. Twin engine, multirole fighter aircraft by Dassault Aviation. 3. Replaces Russian made MiG 21/29. 2. Sticking points 1. Deal stuck at Offset clause. It is a clause on deals above 300 crore under which companies are to invest 30 % of the value of contract back in the country. 2. Also the Air Force wanted some structural changes to the aircraft to incorporate the indigenously built “Astra” beyond visual range (BVR) missiles. Space: 1. agreement on space cooperation b/w ISRO and CNES on Mars mission, thermal observatory mission, satellite launches. Nuclear: 1. Jaitapur (maharashtra) Nuclear plant negotiations. Areva. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Solar Energy 1. India and France launched ISA during Paris Climate Summit 2015. Way ahead: 1. Increasing People to people connect, relaxing visa norms for students/ tourists.

INDIA-UK Economic relations 1. Bilateral Trade and Investment Agreement (BTIA) - underway New Visa law effective April 2016: 1. India has expressed it concerns over new visa rule, as professionals living and working in Britain on a Tier-2 visa who earn less than £35,000 a year at the end of 5 years of their stay in the country could be deported. India receives 78% of the total Tier-2 visa. 2. The visa is issued on the basis of a “certificate of sponsorship” issued to U.K.-basedfirms to hire such professionals from outside the EU and allows them a max stay of 6 years. At the end of 5 years, these workers can apply for permanent residency or “Indefinite Leave to Remain (ILR)” in the U.K. But the new earning limits will have a huge impact for Indians. 3. India had taken up similar issues concerning visa rules of the U.S.government at the World Trade Organisation. Recent happenings: 1. Trade deals worth £9 billion signed during Modi’s Nov’15 visit to UK (PM - David Cameron) 2. Vodafone to invest £1.3 billion in India 3. Indian diaspora of 1.5 million in UK 4. Bilateral trade at $14 billion falls short of targeted $30 billion in 2010 5. UK-India Smart City partnerships with Indore, Pune and Amravati. 6. Thames/Ganga partnership for sustainable mgmt of water resources in ganga basin 7. Joint statement on combating terrorism and terror groups like LeT, Hizbul Muzahideen. Other issues: 1. FTA deal 2. Strict visa norms and Visa cap and income baseline 35,000 pound annually to stay in UK. 3. No of students going for higher education has seen 50% fall due to strict visa. 4. Totalisation agreement (Social security transfer) for overseas citizens. 5. Data Security status (necessary for Indian IT sector) Problems with Europe economy 1. Productivity problems: Stagnating and shrinking working-age populations. 2. Arrival of million of migrants, asylum seekers. The opportunity for ageing Europe to help the new arrivals find meaningful jobs rather than be a burden. BREXIT challenge (Britain exit from EU): 1. United Kingdom will probably disintegrate and entire European integration project will suffer a possibly irreversible setback.

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2. Reasons for exit : secure better trade deals with China, India, America; Get control on employment, law, health and safety; Britain has little influence in EU; Migration Crisis; Euro mess, Brit doesn’t have to contribute billions of pounds every year in EU budget. 3. Reasons for stay : 45% of Britain exports go to EU; better trade terms due to EU’s size; Most EU regulations collapses 28 national standards into 1 European standard reducing red tape and benefiting business; Britain is represented twice at int’l summits. 4. As world economies begin to look inward, it also raises questions over future of globalisation, erection of barriers and undermining FTA . 5. Contagion fears of EU disintegration eg, by France, Netherlands. 6. Economic Impact : as Britain was larger fund contributor in EU; Many companies HQ may shift out of Britain 7. Political impact : as Britain was UNSC member. With exit, it reduces political clout of EU in world affairs. Impact on India: 1. May impact Foreign Portfolio investment and GDP growth 2. Britain is considered as entry point and gateway for EU by Indian companies. 3. Indian investments in UK may suffer. eg Tata Steel rollover may become tougher. 4. A reactionary Fall in pound, may bring gains for some investors (acquire property at cheaper rates), tourists, students. 5. India has to re-draft FTA text with Britain’s exit. 6. Rupee’s depreciation might increase CAD. Way fwd: 1. Norway model : along with Liechtenstein & Iceland is a member of European Economic Area (EEA), access to single mkt.

INDIA-GERMANY Bilateral Relations 1. traditionally strong relations due to commercial, cultural and technological co-operation. 2. During Angela Merkel (German Chancellor) visit in 2015, 18 agreements were signed - skill dev, education, s&t, aviation. 1. Promotion of German as a foreign language in India and modern Indian languages in Germany 2. Indo-German solar energy partnership. 3. Development of cooperation in the field of railways 4. Germany returned to India a 10th century Durga idol that had gone missing from a temple in Kashmir over two decades ago. 5. In a bid to attract German investment, India decided to set up a “fast-track clearance mechanism”. The only other such country-specific mechanism is for Japan. 6. Germany has expressed its inability to sign Mutual Legal Assistance Treaty (MLAT) with India, citing its provision for “death penalty” for heinous crimes and terror activities. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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7. The two countries agreed on the India Germany Climate and Renewable Energy Alliance to harness tech, finance, innovation 8. Germany has committed to providing an assistance of over 1 billion Euros for India’s Green Energy Corridor and a new assistance package of over 1 billion Euros for solar projects in India. 3. Skill Agenda : German tech assistance for workplace based vocational training 4. UNSC reforms : G4 group pursuing for reforms (Germany, India, Japan, Brazil) Trade Relations 1. India Germany trade is $24 billion. India has a trade deficit of $3 billion in this trade currently. 2. India exports textiles and chemicals while imports machinery and chemical and data processing products. 3. Generics: Generics constitute only 20% of drugs market in Germany but German govt has decided to increase their use. This is an opportunity for Indian pharma companies. 4. Electric vehicles: Germany is looking to have 1 mm electric vehicles on road by 2020 (from only 1.5 K today). India is looking for German investment in the sector. 5. DMIC: India is looking for German investment in DMIC. Germany as India’s natural ally: 1. India’s natural partners would be countries that, on one hand, do not compete with it either in marketplace or in power politics, and, on other, have something to offer India that it lacks. 2. Germany has surplus capital, modern technology and a demographic deficit. 3. India has a deficit of capital, lacks modern technology and has exportable human capital

INDIA-EU Strategic relations: 1. Cooperation in space tech, Counter terror cooperation, Disarmament 2. Clean-Energy-and-Climate-Partnership 3. Common-Agenda-on-Migration-and-Mobility (CAMM) included easier visa procedures for skilled workers/IT professionals/ business travellers. 4. India-EU water partnership (IEWP) : strengthen technological, scientific and management capabilities of India in water mgmt Economic Relations India-EU FTA, Broad-based Trade and Investment Agreement (BTIA) : 1. The negotiations are stuck for now. EU is India’s largest trading partner with $107 bio trade. EU demands: 1. Provide greater market access to EU firms. 2. Reducing/abolishing “high” duties on automobiles, wines and spirits. India’s import duty on cars range from 60-120 % as against the EU’s 10 %. 3. Human Rights violations in India (issues of NGO harassment) and rights of marginal groups. 4. Disagreement regarding IPR protection - insistence for TRIPS+

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1. The problem of India’s model BIT: Given experiences of major European companies such as Vodafone and Cairn, who are battling imposition of retrospective taxes by India, the EU is deeply concerned about the protection of its investments in India India’s demands: 1. Greater market access in garments, automobiles. 2. Data security status (crucial for India’s IT sector to do more business with EU firms) 3. Opening up services sector and easy temporary movement of people to deliver those services. 4. India has also sought agricultural market access in EU as well as disciplining of Sanitary and Phytosanitary (norms related with plants and animals) and Technical Barriers (TBs) to Trade to ensure that concessions in FTA that would be given by EU result in effective market access. Other major issues: 1. Italian Mariner’s case spoiled India-EU relationship 2. Arbitrary ban on sale of 700 pharma products. Way ahead: 1. So far no breakthrough. 2. India has brought several unilateral reforms in FDI regime. 100 % FDI in telecom, single-brand retail and in market-place model of e-commerce. Allowed 49 % FDI in insurance and pension, easing of foreign investments norms in the banking, defence and railways sectors.

INDIA-JAPAN 1. Japan is wary of China’s geopolitical aspirations, and continues to rally support from potential regional allies. 2. India is by far Japan’s biggest potential partner - on the security, economic, and political front. 3. Japan plays a central role in India’s current ‘Act East’ policy,which calls for intensified relations with East Asia. 4. U.S.-Japan-India trilateral (Ex Malabar) was launched in December 2011. 5. Elevated bilateral relations “to a special strategic and global partnership” in 2014 6. Culture - Buddhist link 7. Demography - India can supply young workforce to an increasingly ageing Japan. Economic and Trade relations: 1. Deal of High-Speed bullet trains to India 2. $ 90 billion DMIC project - funded by japan. And also financing Delhi Mumbai Freight Corridor. 3. India provides ready markets for Japan’s sluggish exports. 4. Many Japanese firms have manufacturing facilities in India. (Issue : Very few companies operating as compared to China) 5. Bullet train project Mumbai - Ahmedabad (Japan gave $12 billion at rate of less than 0.1% interest rate repayable in 50 yrs) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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6. ODA (Official Development Assistance) loans for North East connectivity project ($744 million road). India-Japan will create a manufacturing hub in this region. 1. But differences between Indian agencies and JICA (Japan International Cooperation Agency) on cost and security angles. 7. Japan plus cell for expediting clearances for Japanese investments in India. 8. DTAA : Exchange of info on tax matters. 9. CEPA - remains inconclusive due to NTTB. 10. Cooperation in Smart City, Skill Dev, Clean and green energy, Nuclear agreement, Space Strategic relations: 1. shared concern about China. 2. Agreement to jointly produce amphibious military aircraft, which would boost India’s counter terrorism and counter-piracy capacities. For Japan, it would bolster its military relations with a key partner amid concerns about China’s military ambitions and North Korea’s nuclear capabilities. 3. Indo-Japan Coast Guard Joint exercise - ‘Sahyog-Kaijin’. It is held every two years and venue shifts on alternate occasions. 4. 15-MW diesel power plant on South Andaman Island. (India for 1st time has accepted foreign investment for this strategic archipelago. It is close to St. of Malacca (choke point), through which 80% of oil trade of China takes place. Nuclear Deal: 1. Japan has signed an civil nuclear deal. (also have an impact on Asian Security Architecture). May also act as an irritant to China. 2. Post Fukushima disaster of 2011, Japan has lost its domestic market sales and is venturing towards countries like India. 3. Safety issues: Japanese reactors under consideration are untested, and provide no empirical track record of safe operation. 4. Significance 1. Historic - India is 1st non-NPT nation with which Japan has signed a nuclear deal (after 6 yrs of negotiation). 2. Japanese cutting edge tech (leader). Most nuclear supplies depend on Japanese spare parts from companies like Mitsubishi, Toshiba. (sourced by US GE, Westinghouse, French Areva) 3. Help India achieve renewable target; NSG bid; bilateral trade with Japan 4. Boost to Japanese nuclear reactors industry which went in slowdown after Fukushima disaster 2011. 5. Challenges/Issues: 1. Tokyo was uneasy about New Delhi’s continued refusal to sign nuclear NPT, CTBT and FMCT (Fissile Material Cutoff Treaty). India’s CLND 2010 which also holds nuclear plant manufacturer partly liable is also a major concern.

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2. Japan wants more data sharing and national tracking than IAEA requirements. 3. Its anxiety is understandable: no nation has suffered the traumatic consequences of nuclear proliferation like Japan. 4. “Nullification” clause that talk about immediate cease as soon as India Test nuclear weapon is an issue. But under the agreement, it will give notice of 1 year if India breaks nuclear testing moratorium. Way forward: 1. Cooperation on urbanisation, a challenge that Japan has long tackled. 2. Japan-India relationship has brought non-aligned India closer to the fold of the U.S.Japan alliance. It also helps to strengthen India’s voice in regional debates whether economic or security issues. 3. Despite changing geopolitics in favour of US/Japan, India should continue relations with China as seen b/w China and Japan despite tensions b/w them. China angle: 1. Tokyo has no territorial disputes with Beijing in the South China Sea. 2. China had objected to India prospecting for oil and gas in an area off the coast of Vietnam. Russia: 1. Dispute over Kuril islands: significance due to natural resources, fishing grounds, offshore reserves of oil and gas. Thorium deposits on volcanic islands archipelago. Currently all of the islands are under Russian jurisdiction, however Japan claims on 4 islands.

INDIA-MIDDLE EAST, WEST ASIA Shia majority nations (12-13%): Iran, Iraq, Syria, Lebanon, Bahrain (ruled by Sunnis) Sunni majority nations (85%): Saudi Arabia, Kuwait, UAE, Qatar, and others (Sudan, India, Pakistan) Total (Islam): 22% of world’s population Islamic State(IS), which is a Sunni-Wahhabi extremist group Issues: Political marginalization of Kurds in Turkey, Sunnis in Iraq by Shia, illegal constructions by Israel in West Bank and Gaza, has totally disturbed the region. (further added by monster of ISIS; Refugees, economic destruction) Importance of West Asia for India 1. Indian diaspora : WANA (West Asia, North Africa) region is home to 11 million Indians who account for half of all remittances to India ($70 billion). 2. India’s energy dependence (nearly 80% of which 50% comes from Gulf nations) is another key reason for deeper engagement. 3. There has been turmoil in Syria, Iraq, Libya, Yemen in last few years. In such situations India cannot afford to leave its citizens there in peril and neither sending troops sounds like a good idea. 4. Internal security and terrorism. 5. Connectivity to Central Asia and Europe UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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6. Given the goodwill it enjoys, and India’s reputation of neutrality, it would be desirable for PM Modi to use his outreach in West Asia as an interlocutor for dialogue instead. India’s West Asia Policy: 1. Historically, India’s West Asia policy has been Tri-directional : Accommodating 3 pillars : Saudi, Iran, Israel. Importance of Saudi Arabia 1. India’s largest supplier of crude oil. 2. Largest share of remittances. 3. Of 11 million workers in West Asia, 3 million workers in Saudi. 4. Counter-terrorism cooperation; Can help to build pressure on Pak. [Friction with Pak, due to its refusal to be part of coalition against Iran backed Houthi rebels in Yemen]. Look West Policy 1. Started by India in 2005, but gained significance only after 2015 once Modi govt came to power. 2. India-Saudi defence cooperation agreement signed in 2014. 3. UAE visit by PM in 2015 and talks of historic ties of “commerce, culture and kinship”. 4. Complemented by GCC “Look East Policy” : Enhanced oil and gas flow to SE Asian mkt due to structural shift in global energy market and increased defense cooperation due to strategic instability in neighborhood. Importance of GCC 1. India’s 2nd largest trading partner 2. 1st largest origin for imports. GCC supplies 45% of petroleum imports. 3. 2nd largest export destination. 4. India look fwd to their investment in Infra projects (via sovereign funds). They look fwd to Indian contribution in IT, construction, transportation and services. 5. Naval exercises with Gulf : to ensure security of straits of Hormuz and Bab-el-Mandeb, linked to India’s trade and energy security. 6. Expatriate Community : 7 million in GCC (2.6 million in UAE which is 30% of UAE population) 7. 52% of remittances from Gulf Way ahead: 1. India is pursuing manpower and labour agreements with Gulf states to help Indian workers in the region. Role of EURO-ATLANTIC Powers to Destabilize WEST ASIA West Asia in the past was not like this; despite illusive democracy, there was political stability and economic activities flowed quite smoothly. West Asia was and is geo-economically extremely relevant for the U.S. and its allies due to having an abundance of energy resources. It was in pursuance of narrow political objectives that Western powers entered West Asian territories and destabilized them. In the name of promoting democracy, otherwise peaceful countries have been shattered.

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West Asia is a fine example of this. Who created al-Qaeda, the Taliban or the Islamic State? The West talking about terrorism is a joke, and is akin to an anti-virus software firm creating viruses, then promoting its product and claiming credit for software protection. 1. Iraq: Iraq is in ruins, even though it does not possess any weapons of mass destruction. 2. Libya: Libya was bombed by NATO in 2011 after getting sanctions through the UNSC Resolution, 1973, and is currently a battleground for different ethnic groups fighting to capture political power. 3. Syria: There is enough evidence to prove that on pretext of supporting pro-democratic forces in Syria, western powers ended up helping the radical groups, providing necessary fodder for the birth of the deadly Islamic State. 4. Yemen: western power supporting the Saudi Arabia led coalition forces that are bombing and destroying Yemen. 5. Afghanistan: Afghanistan, also one of the known battlefields of the Cold War, was deserted by the West after the disintegration of the Soviet Union. But it was revisited post-9/11 by the Euro-Atlantic powers to destroy Al-Qaeda’s terror network. Yet, even after the death of Osama bin Laden, political instability continues in Afghanistan. 6. Afghanistan is caught in an unending civil conflict and Pakistan’s socio-economic condition is continuously deteriorating. Endless conflict has ruined the social, political and economical structures of some countries in West Asia, making it impossible for people to have a secure livelihood. This is what makes people flee their own countries to other parts of the world, in search of peace, employment and stability. The European Union has unveiled a refugee quota plan to address the crisis, but is already facing opposition from eastern members

IRAN-SAUDI ARABIA CONFLICT Sectarian Violence: 1. Tensions reached new heights in a row over execution of a shia cleric Sheikh Nimr al-Nimr, perhaps the most influential leader among the Shia minority in Saudi Arabia. 2. Iran should have exercised restraint (attack on the Saudi embassy in Tehran) and could have used global anger against mass beheadings in Saudi Arabia to its benefit. 3. The Islamic state (IS) is already systematically persecuting Shias and other minorities within Islam. 4. King Salman (late King Abdullah’s son) wanted to embolden his position in the region by amassing the support of Sunni regimes. The only monarchy state in Arab peninsula is facing economic crisis due to falling oil prices. It was able to save its dictatorship during Arab spring 2011 due to special economic packages (building house, healthcare) announced by then king. 5. Though Riyadh (S Arabia) publicly accepted the nuclear deal, it was expectedly concerned about Iran’s reintegration with the global economy. That would not only flood the market with cheap oil from Iran, sending oil prices down further, but also help Tehran rise as a legitimate regional power. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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6. Saudi’s Yemen war: Riyadh started bombing Yemen in March, when the nuclear talks were in the final stages, 7. Also wrt Syria, US let Iran join the peace talk. Iran and Saudi cooperation is must for peace in Syria. The Saudis back anti-regime rebels and extremists in Syria, while the Iranians support the Assad government. ISIS ISIS (Islamic State or Daesh in Syria) 1. ISIS claims ‘Raqqa’ as the capital of its so-called caliphate. 2. Crash of Russian airbus A321 in Egypt - Sina Peninsula. 3. Instead of trying to topple the Bashar al-Assad regime, Western countries and their Gulf allies should work towards finding a political settlement to the Syrian civil war. 4. They should also offer support for the forces battling ISIS on the ground, such as the Shia militias and Kurdish rebels, besides the Syrian and Iraqi national armies. 5. Its propaganda machine requires it to have “success” stories. 6. ISIS is an expression and symptom of the political disenfranchisement and humiliation that many Sunnis, in particular Sunni Arabs, feel in today’s world. 7. Russia and Iran support Bashar Al Assad’s govt (President Syria).

INDIA-SAUDI ARABIA Internal dynamics: 1. Gave highest number of death sentences/ mass executions (150+) mostly biased due to political reasons. 2. One of the most repressive regimes. Given a long rope by energy starved nations. 3. India do not want to displease the monarchs for sake of its large expatriate workforce there. Foreign Policy: 1. Tri-directional - 3 key pillars : Saudi Arabia, Iran and Israel 2. Saudi is India’s largest crude oil supplier; 3. Largest share of remittances from Kingdom 4. Favouring Saudi may also antagonise Iran at a time when it is emerging as a stronger player in west Asia post removal of sanctions. Already relationship b/w China and Iran is going strong. 5. Ideological problem : Though Saudi denounce all forms of terrorism but there money is funding Wahabi militant groups across the world. Shia Sunni divide: 1. After death of Prophet Mohammed in 632 AD. Disputes over successor. 2. Shia : prophet’s descendent should become caliph; title passed to Ali (son-in law of Prophet). Ali was assassinated. Value martyrdom and sacrifice.

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3. Sunni : chosen by consensus. Last caliphate ended with fall of Ottoman empire after WW-I. Emphasize material world (public/political realm) Yemen Crisis: 1. Shia Houthi rebels are fighting forces loyal to a Saudi-protected government led by Sunnis. 2. Iran is aligned with Iraq and Syria, besides its proxies such as Hezbollah in Lebanon and the Houthis in Yemen.

INDIA-UAE Significance: 1. UAE is imp part of GCC and WANA. 2. Indian Community and remittance : Indian community contributes 30% of UAE population. 3. UAE is 3rd largest trading partner of India after US and China and also 6th largest source of India’s crude oil reserve. 4. Common challenges : terrorism, piracy 5. Comprehensive Strategic Partnership Agreement 6. UAE Crown Prince Chief Guest for Republic day 2017. Strategic relations 1. Signed MOU on cyber crime prevention, cooperation in security operations and exchange of critical information. Strengthen cyber security mechanism to track radicalisation of youth in South Asia and West Asian region. 2. India-UAE MoU to prevent human trafficking. 3. Signed agreements covering cooperation in the fields of currency swap (INR with Dirham), culture, investments in the infrastructure sector, renewable energy, space research, insurance supervision, cyber security, skill development and commercial information sharing. 4. With diminishing US interest (US shale reserves) and influence, there is a shift towards a more multipolar Middle East. Economic relations: 1. UAE’s national oil company Adnoc has agreed to store crude oil in India’s maiden strategic storage (at Mangalore, Vishakhapatnam and Padur) and give 2/3 of the oil to India for free. 2. Bilateral Trade : $350 billion. Plan to increase it to 3 times. India’s 3rd largest trading partner after China and US. 3. The $75 billion UAE-India Infrastructure Investment Fund, to support investment in India’s infrastructure sector over a decade, has not seen much progress and the two sides are hoping to put it on a fast track.

INDIA-KUWAIT Economic relations: 1. India and Kuwait signed DTAA for prevention of fiscal evasion UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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INDIA-IRAN Iran President - Hassan Rouhani Significance of Iran: 1. Chahbahar Strategic significance for India as a port to not only monitor Gwadar port being developed by Chinese but also Pakistan naval activity in Persian gulf. 2. Iran has a unique geopolitical location owing to its reach in Central Asia and Caucasus as well as in West Asia and the Persian Gulf. 3. Iran will look for opportunities for connectivity and trade opened up by Chinese ‘OBOR’ initiative. Chabahar is one of the several such avenues that it is currently exploring. 4. Iran is among the most stable countries in the region. And it’s the only major country in West Asia where the U.S. has practically no influence. Nuclear issue and sanctions: 1. P5+1 (China, France, Russia, U.K., U.S. and Germany) has lifted economic sanctions after signing Nuclear deal (cutting off their pathways to N bomb, reducing enriched uranium stock) with Iran. Strategic relations: 1. Chabahar (SEZ) port development (allowing India to circumvent Pakistan and open route to Afghanistan) It is already connected to city of Zaranj in Afghanistan and can serve as India’s entry point to Afghanistan, Central Asia. 2. Iran’s port of Bandar Abbas serves as a starting point for corridor into Central Asia. 3. Indian Ocean Naval Symposium (annual exercise) - Iran too joined it. 4. India’s presence in Chabahar will offset the Chinese presence in Pakistani port of Gwadar. 5. The port will link to Int’l North South Transport Corridor (INSTC) that will connect India with Azerbaijan, Turkmenistan, and other Central Asian trading partners. 6. SAGE (South Asia Gas Enterprise) - Undersea gas pipeline bypassing Pakistan from Iran to West Indian coast Economic relations: 1. IPI pipeline 2. Oil fields exploration and production (by ONGC) - Farzad-B gas fields 3. India-Iran-Afghanistan Trilateral Transit Corridor (including financing to tune of $1.6 billion Chahbahar-Zahedan railway line) 4. India has offered to invest $20 billion in Petrochemical, fertilizer and LNG sector and in return sought cheap natural gas and land to setup the units. Challenges: 1. Real challenge for India is delivery of projects (since it has taken us 13 years on Chabahar project, since the idea was first mooted). 2. Absence of a strategic view of Iran : Barring few exceptions, India has regarded ties with Iran as purely transactional, essentially buyer-seller relationship centered on energy.

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India’s Dilemma and view: 1. Cultivating close ties with Iran complicates India-US, India-Israel and India- GCC relationships. Each of these relationships is important for India in their own right. But India is opposed to Israeli policy of military strikes on Iranian nuclear programme. 2. India supports negotiations, opposes unilateral sanctions while being supporting multilateral UNSC - mandated sanctions, opposes military strikes, and insists on important role of IAEA. As a symbol of maintaining an independent policy of not supporting unilateral sanctions and protecting its economic interests, India sent a trade delegation to Tehran and invited one back despite US defence secretary’s visit and Israel embassy bombings. 3. Ties with Iran are vital for India’s economic and strategic interests. China angle: 1. Now Iran’s largest trading partner. Also China plan to increase trade to $600 billion in coming decade. 2. President Xi Jinping became first world leader to visit Iran after sanctions were lifted following the nuclear deal. 3. Integration of West Asia through SREB and MSR through train, road and water connectivity. 4. Beijing’s push for Iranian inclusion in SCO. China’s position during sanctions: 1. China adopted a dual approach: it supported UN resolutions against Iran’s nuclear programme while expanding economic and security cooperation with Tehran. China’s trade increased from $3 billion in 2001 to $50 billion in 2014. Strait of Hormuz 1. 20% of world’s oil and 35% of sea-borne oil trade moves through this narrow strait. 2. Iran has threatened to close this off if the West follows through with additional sanctions.

INDIA-OMAN Strategic Relations 1. NASEEM AL BAHR - bilateral maritime exercise for maritime security operations Economic Relations 1. SAIL has entered an agreement to launch a 3 MT gas based steel plant.

INDIA-QATAR 7 MoU to boost cooperation and bilateral Investments: 1. Qatar will invest in India’s National Investment and Infrastructure Fund (NIIF). Govt had set up Rs 40,000-crore NIIF last year for enhancing infra financing in India. 2. MSDE and Qatar’s National Qualification Authority on cooperation in skill development and recognition of qualifications. 3. Tourism; Health 4. Financial Intelligence Unit of India’s Finance Ministry and Qatar Financial Information Unit. To combat Hawala transactions and terror financing. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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INDIA-ISRAEL Economic Relations: 1. Focus areas are agri-tech, biotech, IT , high-tech, telecom, water management and homeland security. Diamond trade is currently the largest.

resource

2. Agriculture : Horticulture mechanization, micro-irrigation, post harvest mgmt 3. Israel makes up for ~20% of tourist arrivals in India from middle east. Strategic Relations: 1. Defence purchases - surface to air missiles, air defence systems (Barak) and anti-tank missiles, Phalcon AWACs, UAVs 2. Israel is 3rd largest military exporter to India (After Russia and US) 3. Israel helped India during 1965, 1971 and 1999 wars with Pakistan 4. Cooperation in agricultural sector - water management, Gems and Jewellery, Agri, Bio-tech, Space. 5. Tourism - P2P relations 6. Strategic partnership As a water challenged state, Israel recycles 90% of its water. Indian stand on Palestine issue: 1. Since Independence India has supported Palestinian self-determination following the partition of British India. 2. As a result India kept away from Israel and diplomatic relation was established as late as 1992. Since then relations have normalized and Israel has emerged as a strategic partner of India. 3. In the light of this, over the years, Indian government has toned down its reactions to Israel’s treatment of Palestinians. 4. India is no longer initiating anti-Israel resolutions at United Nations. 5. India has made serious attempts to moderate the Non-Aligned Movement’s (NAM) anti-Israel resolutions. 6. While still maintaining its ideological support to Palestine, as evident by its recent vote in support of UNHRC resolution condemning Israel, India has become more pragmatic of late. 7. With most powers distrusted by either one of them and India having good relations with both, it can act as an important link to engage it on Israel-Palestine issue 8. It can pursue Israel to stop its illegal construction in West Bank and repeated human rights violation while asking Palestinians to shed violence and reach a peaceful lasting solution. 9. For the 2nd consecutive year, India has abstained from the Palestine-sponsored resolution which supports a probe by International Criminal Court against Israel for war crimes during its last Gaza offensive. At the same time, New Delhi voted in favour of four other resolutions criticising Israel, including one that calls for blacklisting firms operating in Israel’s illegal settlements on occupied Palestinian territory. 10. Recently in 2017, Israel has passed legislation to legalise Jewish settlements in Palestinian lands in west bank. Just before this UNSC demanded from Israel to stop all settlement activity in occupied territories.

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INDIA-RUSSIA Significance of Russia: 1. Key pillar of India’s foreign policy and longstanding time-tested all weather partner of India. 2. Relations upped from strategic to special and privileged strategic partnership in 2010. 1. 5 major components: politics, defence, civil nuclear energy, space and anti?terrorist operations. 2. Several joint military programmes like BrahMos, 5th generation fighter jet programme. 3. Russia can be a big mkt for Indian Pharma (Sun Group, Ranbaxy), manufactured goods, dairy, seafood. 4. Russia improves India’s bargaining power when it negotiates arms sales with the West. 5. Energy needs at cost effective prices 6. New Delhi is heavily dependent (65% of current inventory) on Moscow for upkeep of military hardware and high-end tech transfers. 7. Russia needs India as : market to bypass western sanctions; overcome trade pacts like TTIP; India can help provide multi-polarity that Russia seeks. Defence deals: 1. 16th Annual Summit 2015 (institutionalized dialogue mechanism) : USD 10 billion of defence deals making Russia once again top supplier of Military hardware to India (replacing US) 1. 4 Talwar class stealth frigates (under Make in India initiative) 2. 5 S-400 Trimuf Air Defence system. 3. Manufacturing of 200 Kamov-226T utility helicopters in India by a private partner (under Make in India) and a deal for 48 additional Mi-17 V5 medium lift helicopters for Air Force. 4. Tata with Sukhoi to set up a Joint Venture to manufacture spares for Sukhoi fighters in India. (inclusion of pvt sector in strategic partnerships) 2. Medium Transport Aircraft (MTA) and the 5th Generation Fighter Aircraft (FGFA) 3. Relations : INDRA military exercise Economic relations: 1. Current trade $10 billion; Target $30 billion by 2025 2. International North-South Transport Corridor (INSTC) - India, Russia, Iran 3. Special notified zone to facilitate direct trade between the world’s largest uncut diamond exporter, Russia, and India, which processes 90% of the world’s uncut diamond. 4. India-Eurasian Economic Union FTA - underway. 5. Private sector to connect with each other more 6. Exploration and Production of Oil in Russia, ONGC-Videsh has 20% stake in Sakhalin-1. Nuclear cooperation: 1. Kudankulam energy complex in Tamil Nadu 2. Making Russian designed nuclear reactors in India UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Food technology: 1. Pact to setup integrated infra centres for irradiation treatment of perishable food items subjecting to low dose radiation to treat them for germs/insects, improve shelf life and cut postharvest losses. [Post harvest losses in India - 40%] Concerns: 1. Relation has been strained in a year when India grew closer to the US (civil nuclear deal) and Russia made overtures to Pakistan for the first time. 2. Physical distance b/w two countries Way fwd 1. Ease of doing business; reduce bureaucratic hurdles. Pakistan angle: 1. Druzhba-2016: first ever military exercise between Russia and Pakistan announced soon after Uri terror attack. 2. Russia’s growing closeness is also due to economic and strategic reasons like market for its arms/ammunitions, while India is diversifying its defence imports from Israel, US etc. 3. Russia hopes that in concert with China’s over-sized strategic investments in Pakistan, strategic and economic dividends could accrue to Russia also. 4. The announcement last year of sale of Mi-35M attack helicopters to Pakistan was ample evidence of this shift. Russia-China-Pak triangle 1. Russia is strengthening ties with Pak, China eyeing strategic Gwadar Port for its exports

INDIAN OCEAN REGION (IOR) 1. India has reached out to small Indian Ocean island nations through various Maritime Domain Awareness (MDA) exercises, which include 1. Search and Rescue support, 2. Oil Pollution response exercise, 3. Assistance in legal matters. 2. Indian navy has supported countries in Indian Ocean region (IOR) such as Sri Lanka, Mauritius, Maldives and Seychelles with training, hydrographic surveys, surveillance operations and counter-terror patrols. Seychelles Strategic Relations 1. Maritime Reconnaissance Aircraft P-81 : India has deployed for surveillance of the island nation’s EEZ. 2. India deployed a naval ship Tarasa for surveillance, increased maritime engagement in region. 3. India’s first Naval base in IOR in Assumption Island. This will enhance maritime security along India’s west and south coast. (China’s in Djibouti) 4. Seychelles is a part of the Pan African e-Network project between India and the African Union.

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5. Apart from its strategic location on international SLOC, Seychelles is a leader among SIDS group (Small Island Developing States) which has multifold areas of convergence with India. 6. Defence Exercise : Ex Lamitye Economic relations : 1. Blue economy (sustainable use, oil and mineral wealth extraction, bio-prospecting, sustainable energy production and marine transport). “Blue Economy” is marine-based economic development that leads to improved human well-being and social equity, while significantly reducing environmental risks and ecological scarcities. Chinese presence : 1. China has began making inroads into these island nations with infrastructure projects that have raised India’s eyebrows.

INDIA-US 1. India’s keenness in early conclusion of a Totalization Agreement with US. (As per Industry estimates, Indian professionals have contributed more than US$ 25 billion to US Social Security during last decade, without being able to retrieve their contributions) 2. India’s concern over hike in the H-1B and L1 visa fee which is discriminatory and in effect, largely targeted at Indian IT companies. 3. Solar power dispute. Relations: 1. Creation of a $20 million US-India Clean Energy Finance initiative with equal financial contribution from both countries. 2. US recognition of India as “major defence partner”. Economic relations: 1. Announcement of Preparatory work for 6 Westinghouse reactors in India, marks significant breakthrough in civil nuclear matters. India-US Bilateral Investment Treaty (BIT) 1. BITs impose obligations under international law on host states to protect foreign investment from the other state. 2. So far India has signed 83 BIT with diff countries (more than 600 worldwide). India-US BIT was signed in 2009 but it is stalled for many years. Issues: 1. US model of BIT has provision of Most Favoured Nation (MFN), which is missing in Indian model. This would mean India can get no remedy under int’l law, if US discriminates against India and vice versa. So it is very difficult for India to Convince US to have BIT without MFN. 2. Indian model of BIT, excludes taxation from its purview (a direct response to Vodafone and Cairn taxation case) which makes the foreign company nervous/jittery. While US model claims that taxation measure includes expropriation (govt acquisition) provision for public good of the foreign investment. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Indian model completely excludes issuance of compulsory licenses (CLs) and revocation of IPR from its purview (to preserve the regulatory authority of govt). Complete exclusion of issuance of CLs and revocation of IPR from purview of BIT might not be acceptable to U.S. as India continues to be on ’priority watch list’ for IPR violations. 4. Issue of Investor-State Dispute Settlement (ISDS) : which allows foreign investor to directly bring dispute case against host country to int’l law. But Indian model requires first trial under domestic court (for 5 years). This raises brows as already 3 crore cases are pending in judicial system. Other economic issues:1. Trade battle at WTO. US accuses India for stalling trade talks at WTO. 2. India has already lost case on poultry ban on imports, solar panel, and steel duty to US in WTO. India’s complaint over hiked visa fees. 3. India plans to file as many as 16 disputes against U.S. in WTO challenging U.S.’s renewable energy programmes Way fwd: 1. A balanced BIT that protects foreign investment without unduly compromising host state’s right to regulate will benefit both India and the U.S. Logistics Exchange Memorandum of Agreement (LEMOA) 1. b/w India and US for access to military bases for refueling, repair, and sharing military logistics by US fighter jets and naval warships. 2. LEMOA is a tweaked version of Logistics Support Agreement (LSA) - provision of logistical support, supplies and services between US military and armed forces of partner countries. 3. It did not entail stationing of any US troops on Indian soil. Also India will not extend support during US military action against “friendly countries”. 4. The US has also made it clear that if India wants transfer of high end technology, it needs to sign 3 foundational agreements. These agreements include: 1. Logistic Support Agreement (LSA) : involves cashless transactions on reciprocal basis. It would be beneficial at time of disaster relief operations, defence exercises. It would cut short time and expenses of clearances. It doesn’t involve giving away any bases. 2. Communications Inter-operability and Security Memorandum of Agreement (CISMOA). 3. Basic Exchange and Cooperation Agreement for Geo-Spatial Cooperation (BECA) : would provide India with topographical and aeronautical data and products which will aid navigation and targeting. But India currently uses systems from countries like Russia/Israel and is not comfortable in sharing info with them. 5. India had already signed 4th agreement in 2002 i.e General Security Of Military Information Agreement (GSOMIA). Reasons of oppositions: 1. Apprehension - agreement leads towards a form of informal military alliance with US, going against India’s long standing non-aligned posture.

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2. Political sensitivity involved -> By signing this, India may become part of wrong designs of US in the region. 3. The agreement involves setting up of warehouses on each other’s land. It is worrying that it would have their personnel guarding them. Way ahead: 1. LEMOA should be restricted to certain situations like joint exercise, disaster relief or anything mutually agreed upon (degree of autonomy should not be lost). 2. It is a mutually beneficial agreement, but it should be limited to simplifying procedures. U.S.-India Defence Technology and Partnership Act 1. Act would “institutionalize” the Defence Technology and Trade Initiative (DTTI) framework b/ w two countries and India Rapid Reaction Cell (IRRC) in Pentagon. 2. The IRRC launched in 2012 to deepen high technology cooperation and move towards codevelopment and co-production of high technology platforms. Major defence Partner 1. US has recognised India as a “major defence partner” which means that for defence related trade and technology transfer country would now be treated at par with America’s closest allies. Special 301 Report 1. is brought out by USTR (United States Trade Representative) is a list of Countries that USTR believes have either national laws or regulations that detrimentally affect U.S. trade or rights of IP holders, inadequate IPR protection, enforcement, or market access. India has consistently figured as Priority Watch List (PWL) country since 1989. Raising following issues: 1. to curb movie piracy, pirated websites. 2. Lack of laws granting IPR protection to foreign Pharma companies; DPCO control prices of Essential drugs (not allows mkt price) However, India asserts that it conforms to WTO standards in IPR regime (While US demands TRIPS+). It also need to safeguard interests of poor population and public health in India. Visa Issues: 1. India is the largest user of H1B visas (67.4 % of total) and 28% of L1 visa went to Indians (in FY 2014). 2. increases fees for certain H1-B and L-1 petitioners. They must submit an additional fee of $4,000 for H1-B/ L1 petitions. 3. 50/50 rule : Additional fees apply to petitioners who employ >= 50 employees in U.S., with over 50 % of those employees in H1-B or L1 non-immigrant status. Impact: 1. It has financial impact on tech sector around $400 million annually (as they have largest H-1B and L-1 visas.) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. This fee hike is highly discriminative and punitive. (it is also part of political rhetoric as part of US presidential elections) 3. This is like an NTTB (Non Tariff Barrier) and will harm India. Social Security taxation (Totalisation agreement): 1. US delay on signing agreement to eliminate dual social security taxation. 2. Indian IT/ITES have to shell out over $1 bio annually to US govt towards social security, with no benefit (as Indian employees don’t stay on in America) or prospects of refund. Pakistan angle: F-16 sale 1. to Pakistan (to combat terrorism). Indian opposition as Major chunk of our supplies come from USA. So in case of a conflict b/w India and Pak, supply might get affected as US is also supplying to Pak. Moreover range and advanced technicalities provided don’t support rationale for attacking terror. 2. These military supply will further make Pakistan Army strong over elected Democratic govt of Pakistan. 3. Recent criticism due to Pathankot Air Force Base attack by JeM. US de-hyphenating Policy: 1. It allows state department to view India and Pakistan as two separate silos irrespective of their bilateral relations. 2. It was useful as US was able to improve strategic and military ties with India w/o necessitating a reaction from Pak. 3. Special Representative for Afghanistan and Pakistan (SRAP) was set up in 2009. 4. 7 years after since 2009, the Obama adm plans for reversal of move. It wants to merge the office of SRAP and Bureau of South and Central Asia (SCA) which includes India. 5. This decision will put India and Pak in same basket and would enhance prospects of Washington’s meddling in India - Pak relations. Fall in US aid (military and financial): 1. to Pakistan by 73% since 2011, over its alleged reluctance to act against Haqqani n/w (terror groups). US-Cuba 1. Former Cold war foes. (Invasion at Bay of Pigs - 1961; Cuban missile Crisis - 1962; US imposed trade embargo) 2. Obama is the first serving U.S. President to visit Cuba since 1962. 3. Current Cuban President : Raul Castro (brother of Fidel Castro) 4. In 2015 announced, reopening of embassies and removing Cuba from list of nations charged with sponsoring terrorism. Concerns: 1. Cuban communist state and control over economy. 2. Human rights violations.

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Trade Issues 1. India’s current trade with US in Good and Services is $100 billion. 2. Export Subsidies: US has decided to treat any government export promotion program as export subsidy and will impose a Counter Veiling Duty on these exports. This has potential to destroy Indo-US trade. 3. Steel Duty: US has imposed a CVD duty on Indian Steel as it considers duty exemption in SEZs, PSU bank loans and state procurement as subsidies. 4. Solar Power Programme/ Solar Cell DCR requirements 5. Poultry: India has imposed restrictions on US poultry. India imposed ban citing low-threat avian flu strains in US poultry. WTO has ruled in favour of US. 6. Visa Fee Issue: makes Indian companies applying for H1B and L1 visa pay more than what their US counterparts would have to. So India is going to drag US to WTO. H1B visa is for temporary occupation in a specialized field. L1 is temporary visa for intracompany transfers. 7. IPR Issue: US has placed India on its list of a dozen countries having worst record of IPR protection. The list is called Special 301 under Priority Watch List. 8. Shale gas: US has signed a MoU with India on shale gas and is keen to export the shale gas. Defence Relations US Rebalancing Strategy 1.

put India in a delicate and difficult situation; growing strategic congruence between the two countries on a host of issues including freedom of the seas, China’s rise, assertiveness, its claims in South China Sea, Af-Pak, etc. Close defence cooperation is also an opportunity to leapfrog technology gap. Thus India needs to leverage its relationship with US to its geopolitical advantage, with a caveat that build-up of relationship must be on shared mutual values and common interests, without compromising on the country’s core national interests.

2. Caution India against allowing itself to become a pawn in US’s China containment strategy. In their view, an open endorsement of US strategy would harm India’s relations with China. 3. Thus India can be expected to adopt a cautious and calculated policy posture. 4. The basic dilemma confronting India is how to promote its interests within emerging order in Asia, marked as it is by pre-eminence of Chinese power and growing US engagement and its pivot strategy. 3 scenarios can play out. 1. India’s enters into a security understanding with US allies like Vietnam, Japan, South Korea and Australia. The Andaman and Nicobar islands transform into a strong ‘iron choke’ to counter Chinese ‘string of pearls’. India puts in place an effective anti-access strategy in Indian Ocean as also along its land borders. 2. India attempts to balance Chinese assertion and US interests as a classic swing state 3. India could reach a political and economic understanding with China through conciliatory gestures; e.g. on South China Sea, membership of SCO, undertaking joint development and infrastructure projects in South and South East Asia. In addition, India opens up a dialogue to address Chinese fears in IOR. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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S&T Cooperation 1. Indo-US Joint Clean Energy Research and Development Center: It is focused on areas of mutual interest covering solar energy, 2nd generation biofuel and energy efficient buildings. 2. Thirty-Meter Telescope (TMT) Project: in Hawaii, potentially one of world’s most-powerful telescopes. India is a partner. 3. Laser Interferometer Gravitational-wave Observatory (LIGO) Issues 1. US wants India to sign basic functional agreements i.e. Logistic Supply Agreement (LSA), Communications Interoperability and Security MoA (CISMOA), Basic Exchange and Cooperation Agreement (BECA). Significance of EAS, ASEAN and G20 for US to counter China ambitions in region 1. Rebalance Asia Strategy/ Pivot to Asia Policy : US wants to contain Chinese assertions in SCS region in Asia-Pacific, which accounts for 50% Global maritime trade with help of Philli, Japan, Vietnam, India (EAS member, LEMOA) 2. Geo-economic - TPP excludes China and includes 12 Pacific Rim countries 3. Counter Chinese Trade Protectionism : G20 makes 80% of world GDP. Chinese growth is export oriented. So any competitive devaluation in response to (recent 2% RMB) could have impact on global economic growth. G20 - Hamburg (Germany) 2017 1. Theme - Shaping an Inter-connected World 2. Action agenda to counter terrorism (pushed for CCIT; de-radicalisation programmes, curtailing Terror Financing by FATF)

INDIA-LAC India’s engagement with LAC 1. Geography & Distance has always been an obstacle in India’s engagement with LAC . 2. Before cold war era India had limited engagement due to India’s Inward looking economy & lack of political stability & most of LAC nations were in US camp. Importance of LAC for India: 1. LAC has huge land mass & low population , thus can help in India’s food security and also India has started importing 10% crude oil from LA countries , OVL can play an imp role in oil exploration by increasing its footprint. 2. LAC countries can be a big export market for Pharma, Textile & IT. As India is not part of TPP, bilateral engagement with LAC can offset losses of not signing TPP. 3. The suitable location can help India to launch space missions. China vs India 1. As China opened up its economy 15 years before India so China got a headstart in engaging with LAC. 2. China has advantage in Infrastructure. India being developing nation with low income can’t sustain freebies like that of China.

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3. Trade and Investment: Beijing’s bilateral trade has seen a rocket flight in LAC region because of its strong manufacturing industry and developed infrastructure/railway lines. China has signed FTA with most of states. It accounts for 6% of total FDI flows in LAC competing Europe, Japan and America. Indian trade and investment is negligible. 4. Political: New delhi’s involvement with LAC is confined to Ministry of External Affairs which is illequiped to take decision and execute them. China’s Large Diplomatic footprint , India still does not have diplomatic mission in all LAC countries. 5. Technological Might: China has undertaken strategic exchanges in areas of defence, outer space and aviation and other areas with some LAC countries. India’s strategic engagement accounts for purchase of some Brazilian aircraft and sale of 7 Dhruv helicopters to Ecuador in 2008, a contract which was cancelled in 2015. 6. More Visa liberal policy & more engagement with DTAA by China as compared to India. Way ahead: 1. Although China has taken lead in engagement with LAC but there are ample opportunities & scope for India to get its well deserved position in engagement with LAC countries. Colombia @Internal Dynamics 1. Ceasefire agreement between Colombia govt and FARC rebels. 2. Puts end to LAC longest Civil War. It started as a rural uprising in 1960s for land rights by leftist rebel groups.

INDIA-LOOK EAST POLICY Look East Policy: 1. initiated during period of Narasimha Rao in 1992 for better engagement with East Asian and South East Asian nations. 2. Since then “Look East” policy has been transformed into “Act east Policy” and successive governments in India has taken various measures for its success. Recent initiatives: 1. India is developing Kaladan multi modal transit transport project which will connect Kolkata to Sittwe seaport in Myanmar and Mizoram. 2. India - Myanmar and Thailand tri-nation highway has become operational. BCIM land corridor is under construction. Promote economic and cultural ties between these nations. 3. India has pursued “Make Outside India” initiative for production in CMLV (Cambodia, Myanmar, Laos, Vietnam) countries. 4. India is working on “Sagarmala” and BIMSTEC to promote regional connectivity across Indian ocean. (South Asia least connected region in world - WB) 5. MGC, Project Mausam for connecting neighbour nations culturally and economically. 6. Initiatives like Japan-Plus Cell for faster clearance of projects is a welcome step. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Challenges: 1. Sometimes it is neglected due to engagement with powerful and developed nations of west. 2. India lacks strong financial institutions like China or USA. So it lacks measures to support financially SE nations and projects which have been started are delayed. 3. Lack of infra dev and backwardness of NE parts of country which are gateway to East Asia. 4. Trade pacts like CEPA with S Korea and others are under utilized. Next steps: 1. With growing influence of China in region and OBOR initiative we need to be proactive and a healthy relationship with our eastern neighbours will help in regional stability and fulfill our aspirations. India to build a satellite station in Vietnam 1. India will set up a satellite tracking and imaging centre in southern Vietnam that will give Vietnam access to pictures from Indian earth observation satellites (remote sensing) that cover region, including China and South China Sea. 2. The ISRO will fund and set up satellite tracking and data reception Centre in Ho Chi Minh City to monitor satellite launches. 3. Earth observation satellites have agricultural, scientific and environmental application. India-Cambodia 1. Tourism: MoU was aimed at boosting tourist movement between two countries. 2. Mekong Ganga Cooperation : 5 quick impact projects related to entrepreneurship, healthcare, agri and women empowerment. 3. CLMV (Cambodia, Laos, Myanmar and Vietnam) : India seeks to invest in CLMV countries (Make Outside India) to take advantage of FTAs they have with various countries eg. China. CLMV are among fastest growing economies of region. N-Korea 1. US expanded existing sanctions on North Korea for testing a nuclear device in Jan 2016 and launching a satellite in Feb 2016 using ballistic missile technology. The law also enforces secondary sanctions - which are restrictions on a 3rd country from doing business with sanctioned country. 2. Though his neighbor and closest ally China has opposed unilateral sanctions by US and hence efficacy of sanctions remains ambiguous. 3. In Feb 2017, North Korea tested another Ballistic missile which is seen as a provocation by young leader Kim Jong-un. 4. Based on anxious responses from US, Japan and South Korea, UNSC has imposed sanctions but has had no impact. Moreover war doesn’t seems to be an option as it could easily target American allies in East Asia with Nuclear weapons. India-South korea Strategic Relations 1. S Korea is interested in supplying weapons and nuclear reactors to India. 2. S Korea wants India to launch its satellites.

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3. India and South Korea have signed a MoU for cooperation and mutual assistance in development of ports. 4. South Korea as partner country during Maritime India Summit April 2016. Economic Relations 1. S Korea signed a CEPA with India in 2009. 1. Per agreement South Korea will cut tariffs on 93% on goods from India. India will cut 75% of total tariffs. It is equi to FTA. 2. Better access for Indian service industry in South Korea. 3. Both countries have avoided to decrease tariffs in sensitive sectors like agriculture, fisheries, mining. 4. Eased FDI norms. 2. Korean corporations have flooded India with cheaper imports of raw metal, steel and finished products. India is planning to review trade pact with South Korea. 3. Korea Plus initiative to promote and facilitate Korean investments in India (looking into issues - ease of doing business, policy advocacy to GOI, assisting in public relations etc). India-Brunei Significance: 1. Important partner in ASEAN 2. Energy security : 4th largest producer of LNG in world 3. Indian also imports crude oil (3rd largest partner for Brunei) 4. Strategic location in S China Sea 3 Agreements: 1. Defence Cooperation : joint military exercise; naval ships visits 2. Health : pooling scientific/technical and human resources and upgrade healthcare, research etc. 3. Youth and Sports Affairs Space cooperation: 1. ISRO also has its telemetry, tracking and telecommunication station at Brunei, which was part of Mangalyaan Campaign. China angle: 1. Port Muara : Under Brunei - China Conflict, it exists in part of south china sea, which has high presence of Hydrocarbons. India proposed to setup fertilizer plants in Brunei. India-Malaysia Significance: 1. imp pillar of India’s ”Act East” Policy. 2. share diplomatic relationship since 1947 3. Thai language has many things in common with Sanskrit. 4. Thailand is 2nd largest economy in ASEAN UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Defence cooperation 1. Cobra Gold 2016 : India will participate in multilateral amphibious (land-water) exercise 2. Operation Maitri : Counter Insurgency operations 3. Also planned to hold naval exercise in the Andaman Sea. Economic relations: 1. Tri-lateral highway (India - Myanmar - Thailand) : that will connect India’s NE with industrial zones of SE Asia. 2. Two way trade : $8.66 billion Counter-terrorism: 1. Fast track prisoners exchange based on Bilateral Extradition treaty 2013 and Mutual Legal Assistance Treaty 2004. 2. Recently in Jan 2015, Thailand handed over Jagtar Singh of Babbar Khalsa International (BKI). India-Thailand 1. Cooperation in tackling terrorism, cyber security, narcotics, transnational economic offenses, human trafficking. Defence Cooperation: 1. Exercise and maritime cooperation Economic Relations: 1. CEPA talks underway 2. Underway India-Myanmar-Thailand Trilateral highway and early signing of Motor Vehicles Agreement India-Singapore Significance for India 1. key member of ASEAN; with growing number of trade pacts, ASEAN can be a suitable mkt for Indian goods. 2. Promote India’s Act East Policy. Recently celebrated 50 yrs of diplomatic relationship with India. 3. One of largest FDI source for India - 16%. -> AMRUT, Smart City, Make in India Historical/Cultural ties: 1. India and Singapore friendship dates back to the period of cholas. In fact name Singapore is derived from Sanskrit word singapura, meaning “lion city”. 2. Cultural and maritime linkages : Buddhism, huge presence of Tamil diaspora. Strategic 1. Maritime security and Defence exercise (SIMBEX) 2. MOU on curtailing Drug Trafficking, improving cyber security (CERT-IN has inked a cyber security cooperation pact with SingCERT) Economic: 1. Agreements signed on collaboration in urban planning, waste mgmt and cooperation in fields of art, museum, monuments.

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2. India has sought Singapore’s expertise in skill development, development of tourism, particularly the Buddhist circuit and smart cities. India-Fiji 1. Air Services Agreement : to operate airlines; decide tariffs. India-Vietnam Economic Relations: 1. Vietnam supports India in ASEAN. 2. It gave India exploration rights in its part of South China Sea and modernization of port in Cam Ranh Bay. 3. Both countries have signed MoU on agriculture research cooperation and an extradition treaty. Defence Relations: 1. Vietnam has requested for - submarine training, Su30 training, transfer of warships from 1000 to 1500 tonnes and Brahmos missiles. 2. While agreeing to Su30 training demand would be fine with India, agreeing to other demands risks the ire of China specially after exchanges between two countries over oil exploration in South China Sea. ASEAN significance and relations: 1. India Telecom-2017 called for ASEAN-India Digital Partnership. India offered financial and Tech “know-how” in Telecom sector to support projects like high speed fibre optic n/w, rural broadband, national k/w n/w, skill development. 2. with an overall tele-density of 88 and rural tele-density of 53, India has the second largest telecommunications network in the world.

OTHER TOPICS Role of Diaspora in Indian development 1. Rajiv Gandhi was the first PM who changed diaspora policy of inviting Indian abroad, to participate in nation building. In return he offered them opportunities (eg Sam Pitroda to modernise telecom) Social Security issues: 1. Volatility in West Asia, together with fall in oil prices, caused fears of massive returns of Indians. Challenges: 1. Red tap-ism; distrust of govt in fulfilling promises. Indian Diaspora 1. Diaspora is currently estimated to number over 25 million (2nd largest after China), composed of NRIs and PIOs. 2. Major concentration in - Middle East, USA, UK, Canada, Malaysia, Sri Lanka, South Africa. Highly skilled to west and Semi-skilled to Gulf and West Asia. Significance: 1. Soft diplomacy eg, role in Indo-US Nuclear deal UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Silicon Valley represents success of Indians. 4 out of 10 startups in the region are Indian. 3. Emerged as significant source of trade and investment in India. Large inflow of remittances $70 billion Issues: 1. Dual Citizenship: Majority of Indian diaspora want to retain their Indian citizenship along with the citizenship of the country of their residence. 2. Ill treatment, harassment and demands for illegal gratification it encounters at the hands of our customs and immigration officials at the points of entry. 3. Threat to their employment and security in overseas nations : recent firing of emp in Saudi; rescue operations (Yeman, Saudi) Measures by govt: 1. Dedicated ministry of Ministry of oversees Indian affairs in 2004 2. Pravasi Bhartiya Diwas - started in 2003 to mark contribution of overseas Indian community in development of India. 3. Pravasi Bhartiya Bima Yojana, 2006 4. Know India Programme - for diaspora youth to promote awareness about different facets of life in India and progress made by country in various fields. 5. Oversees Citizenship of India Scheme (OCI) - not a dual citizenship but it gives life time, multiple and multi-entry visa with some rights 6. Government has signed social security agreements (Totalisation) with many foreign countries for the protection of Indian community in those countries. Till date, India has signed and operationalised Totalisation agreements (Social Security Agreements) with 18 countries, including Australia, Belgium, Canada, France, South Korea, Germany and Japan. Way fwd: 1. friendlier reception at their point of entry; easier procedures for immigration and customs clearances. 2. Establishing a welfare fund for repatriated overseas workers in distress; 3. Negotiating a Standard Labour Export Agreements with host countries; 4. Monitoring and supervision of both the employment contracts, and the conditions of our overseas workers by our Missions; 5. Beyond remittances and financial flows, An overseas community does serve as an important ‘bridge’ to access knowledge, expertise, resources and markets for development of country of origin. Potential fears: 1. Business favours for prices/auctions 2. Concerns about protocol and official secrecy 3. concern with cronyism and corruption

Nuclear Initiatives 1. The New Strategic Arms Reduction Treaty (START) concluded with Russia limiting both countries to 800 launchers (ICBM) , submarine-launched ballistic missiles and 1,550 warheads each was concluded in 2010.

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2. Nuclear Security Summit - securing of and restricting the civilian use of highly enriched uranium (HEU) and plutonium so that it does not fall into terrorist hands. 3. U.S. has maintained the right of “first-use” of nuclear weapons though limited to “extreme circumstances”. 4. The centre of gravity is shifting from Euro-Atlantic to Asia-Pacific, a more crowded geopolitical space. The number of nuclear players has grown, and asymmetry in doctrines and arsenals makes the search for security more elusive. North Korea’s Hydrogen Bomb test (Jan 2016): S Korea and Japan consider this as a serious threat to their national security UNSC and most global powers, Russia, US, China have condemned the explosion and this may invite some economic sanctions. Reasons for test: 1. could be to tighten his grip over state 2. N Korea may be looking for a Iran like deal where it could swap his nuclear arsenal for int’l recognition and economic partnership 3. Maybe Kim wants to send message to South Korea and West for its readiness in case of any military hostilities. Even China, who had historical ties with N korea(Pyongyang), criticised the actions. China has the historical responsibility to lead the eforts to solve the crisis on the Korean peninsula, much like what the Russians did in securing the Iran deal. India’s foreign Policy: -

Post Cold War

-

Shift from internationalism (stressed through NAM) to regional and other groupings

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Protection of global commons like, environment assumed importance with specific focus in India’s interests like no mandatory reduction of GHGs for developing countries

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Nuclear tests 1998, Nuclear deal with US

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2014 (Modi govt):

1. Closeness with foreign political leaders, leaders of technology, finance and economics. Core of his agenda is domestic, Arena is international (pragmatic businessman) 2. Stress on bilateral resolution of issues (with Pak, Bangla, China) may also have been an inhibiting factor. 3. UNSC membership for G4. 4. Over decades India has provided leadership to the world but today with the demands like entry to Permanent Council we are asking it as our right. 5. Strenuous relations with Pak (over SAARC issues) and Nepal (not accepting Indian advise in constitutional making) 6. Over - relying on diaspora UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Issues with foreign Policy: 1. Sole Focus - despite various global ambitions, India keeps itself confined to south asia geopolitical space confining it to issues of Pakistan eg its focus and interference on baloch and pakistan issue. 2. Terror fixated foreign policy. other economic reforms, important issues of importance are being overlooked. 3. Messy alliance behavior - focus of India keeps fluctuating - despite knowing its economic and strategic interest with respect to china it associated itself to its antagonist and became closer ally with china rivals like US and japan. 4. Departure from traditional Non-Aligned to signing of LEMAO with US 5. Absence of long term vision- focusing mainly on unnecessary politicization 6. On lot many international issue we don’t take any stand 1. Syria issue-though syria took it in our favour when Kashmir issue prop up after independence. 2. Ukraine/crimea/Iran war & sanctions-the result was that we deteriorated our own relations with these countries. Iran now is not willing to deal with us in Rupees but earlier she was; big blow to CAD. 3. Israel/Palestine/Yemen-we are unable to take stand because Israel is our good defence partner so depite human violation and killings we are mute spectatator. 4. SL-though we took stand earlier about human right violation but to protect our internal relations we abstained. Difference between a CECA and CEPA 1. CEPA = Comprehensive Economic Partnership Agreement and CECA = Comprehensive Economic Cooperation Agreement. 2. CECA involves only “tariff reduction/elimination in a phased manner on listed / all items except negative list” , CEPA also covers trade in services and investment, and other areas of economic partnership. 3. So CEPA is a wider term that CECA and has the widest coverage. CEPA - Japan, S Korea CECA - Malaysia, Singapore India-Pacific Interconnectedness b/w Indian and Pacific Ocean 1. FTA - TTP, RCEP(APEC) 2. China’s OBOR - MSR 3. Growing convergence of strategic interests b/w India and US. India is a key part of US Pivot to Asia/ Rebalance Asia strategy 4. Opening up of economies like CMLV can be tapped by Indian-Pacific connectivity 5. Impending threats of global warming; security threats

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Forum for India-Pacific Islands Cooperation (FIPIC): 1. a multilateral forum of 14 pacific island countries launched by PM Modi in November 2014. 2. Key component of Act East Policy of India. 3. 1st summit - Fiji in 2014; 2nd session at Jaipur in 2015 4. Agenda included agri, food processing, fisheries, solar energy, e-networks for coordination in telemedicine and tele-education, space cooperation and climate change. 5. India’s strong relations with Fiji, which has considerable influence in the region. 6. Economies in the region are based on agriculture, fisheries and small-scale industries and India’s capacity in these sectors is even better than Europe and China; What is MFN (Most Favoured Nation) principle? 1. According to MFN principle of WTO’s GATT - to which India is a signatory - each of WTO member countries should “treat all other members as equal trade partners ”. Soft Power 1. is the ability to modify other states’ preferences without force or coercion. 2. diverse components like philosophy, films, Yoga, Ayurveda, religious diversity, diaspora, foreign aid and openness to global influences. 3. Hard Power = Military and economic means; Soft Power = Culture and values. Initiatives: 1. Humanitarian and developmental assistance to several African and Asian countries eg Nepal earthquake ($1 billion) 2. Int’l Yoga day - 6 June 3. Sanskrit Conference at UNESCO 4. Int’l Conference of Zero, Paris. Ancient India’s contribution to maths (‘0’ by Aryabhatta) 5. Look East, Act East and Look West initiatives try to capitalise on our historic culturalreligious links 6. Rebuilding Nalanda Buddhist University in partnership with China, Japan, South Korea and Singapore to revive ancient ties 7. Strength of huge diaspora - Pravasi Bhartiya Divas (inking of US-India nuclear deal 2008) 8. Space diplomacy as soft power 1. ISRO operates 3 international stations in Brunei, Indonesia and Mauritius. 2. INSAT communications and IRS - disaster warning, crop forecast, water resources monitoring and mapping of natural resources. 3. IRNSS - provide coverage across 1500 km beyond India’s geographical boundaries. 4. South Asia satellite (earlier SAARC), GAGAN (will be used by Sri Lanka). 5. This would weaken aggressive China’s space diplomacy as Indian advanatge lies in cost effectiveness. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Limitations: 1. Soft power goes along with hard power. US/China are far ahead in this. 2. Limited financial resources with India 3. Indian soft power is majorly projected through art, literature, food, films, sports and its diaspora rather than by government efforts. Significance: 1. More cost effective than hard power tactics. 2. Collaboration rather than unilateral actions has become increasingly difficult, costly and open to challenges eg: Russian annexation of Crimea inviting economic sanctions. Foreign Policy Determinants: 1. cultural linkages and historic connectivity 2. strategic environment, 3. geographical surroundings like neighborhoods and 4. position in global community Immediately after Independence : 1. UK for aid and USSR for weapons 2. NAM Post Cold War: 1. strategic partnerships with Japan, Australia and now recently with USA. 2. net security provider in the IOR 3. Indian Diaspora and energy needs have led to focus on Africa and Central Asian nations. Recent times: 1. India has realized that its neighborhood also includes its maritime neighbors and extended neighbors. Thus Look East Policy evolved into Act East Policy and SAARC, ASEAN, Blue economy, Project MAUSAM, IORA. 2. India’s status in international community has evolved. focuses on reforming institutions like World Bank, IMF etc. and playing more proactive role in WTO 3. seeking membership in organizations like UNSC, NSG, MTCR etc. India now wants to be a part of global rule making and decision taking bodies Indian Ocean Rim Association for Regional Cooperation (IOR-ARC) now IORA 1. IORA is a regional forum for promoting co-operation and closer interaction among them. 2. Economic Cooperation particularly on Trade Facilitation and Investment, Promotion as well as Social Development of region. 3. Estb: 1997, Sectt: Mauritius. 4. 21 members Objectives: 1. To promote sustainable growth and balanced development, mutual benefits of the region and member states.

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2. To promote liberalization, freer and enhanced flow of goods, services, investment, and technology within the Indian Ocean rim. Significance of Maritime Policy 1. Coastline of 7500 km 2. Indian Ocean - 2/3 world’s oil shipment; 1/3 cargo; 1/2 container movement through IOR Factors for India’s recent push: 1. Chinese aggressive maritime policy - MSR 2. Net security Provider to region - Security threat posed by unsecured littorals eg, Mumbai 2008 3. Joint exercises like Malabar and bilateral with ASEAN, IOR and South Pacific island nations for India’s preparedness for a critical role. 4. International Fleet Review 2016 exhibits India’s commitment towards intensified maritime cooperation with IOR partners 5. Sustainable use of marine resources. Indian opportunity and Way fwd: 1. Negotiating FTA with countries in region. Developing cooperative framework with littoral countries (geopolitical significance). 2. Developing ports/islands as mega transit hubs/ transshipment ports of call. eg Enayam Port, Andaman 3. Blue water Navy and net security provider to region. Maritime exercises like SIMBEX, MALABAR, JIMEX 4. Reinvigorate cultural linkages - Project Mausam 5. Boost maritime trade - developing SEZ, rail-road infra connectivity of hinterland. eg Sagarmala Project 6. Support to smaller Pacific island nations through capacity building, lines of credit. 7. India supports resolution of disputes as per UNCLOS and freedom of Sea Lanes of Communication and choke points like Malacca Strait. 8. Blue economy and ocean resources like Poly Metallic nodules, Hydrocarbons, renewable energy sources - solar, wind 9. India seeks a future for Indian Ocean that lives up to the name of ‘SAGAR - Security and Growth for All in the Region’. NAM relevance? ‘Non-alignment is not non aligning with power blocs. Rather it is strategic autonomy or freedom of decision & has nothing to do with forming alliances with major powers. 1. Policy : Ideals of NAM : Anti-colinialism, Anti-Racism, Anti-Imperialism are said to be irrelavant in present modern context. However, we forget that NAM ideals are dynamic which got transformed as per currrent global problems : Inequalities, Poverty, Terrorism, Unsustainable development. 2. Governance : Framework of NAM is informal (commitments are not binding). However, history has proved that commitments made on voluntary level have been more effective rather than on binding basis. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. Polarity : Though NAM has been failed to create a multipolar world during 20th century (Disintegration of USSR, Rise of US). However, it is the NAM efforts that have succeeded gradually to create a multi-polar world in 21st century. 4. Confusion or Solution : On one hand, India signed LEMOA with US (countering China in South China Sea). On other hand, getting Membership of SCO (partnering China to counter US in SCS) to align with NAM policy. However, these decisions are based on changing regional dynamics. 5. Global Agendas of India : NAM has led to inclusion of Japan, Germany in the G-4 to pressurize UNSC for expansion, NAM has contributed indirectly to coerce US to ratify Climate Change Agreement. 6. Unity : While it is argued that NAM countries don’t stand by each other in case of common issue. For ex : Isolating Pakistan on terrorism. However, there are some political interests but NAM countries will definiately stand for common cause (Terrorism). NAM has evolved itself over the years in accordance with changing global issues. Critics have misinterpreted NAM as being remain neutral instead of taking an independent stance.

INT’L CONVENTIONS, AGREEMENTS 1. Trade Agreements 2. WTO and related issues 3. Maritime issues 4. India’s UNSC membership India’s trade is 1/5 [that of] Chinese international trade even as its GDP is 1/3 China’s - so it isn’t in proportion with what it should be. Issues in economic relationships: 1. Multiple levels of govt (state/centre/local) - Many inconsistent laws 2. Land acquisition Trade Facilitation Agreement (TFA) of WTO 1. is aimed at streamlining custom rules ® expediting trade flow ® reduce transaction cost, has been pushed by developed countries. India has ratified it recently, though it will come into effect only when 2/3 members ratify it. 2. reduce/eliminate custom duties and eliminate Non-Tariff Barriers (NTB) 3. It forms part of the Bali Package 2013 (9th conference). 4. To facilitate domestic coordination and implementation of TFA, govt has cleared proposal to set up a National Committee on Trade Facilitation (NCTF). Expediting movt and clearance of goods; Benefits offered: 1. It could add $1 trillion to global GDP and also can generate 21 million jobs by slashing red tape and streamlining customs. 2. Ease of doing business; relaxes custom norms -> faster port exits and clearances. Implications for India: 1. By unconditional ratifying, India may lose bargaining grounds for a permanent solution to issue of public stockholding for food security purposes and a mechanism to safeguard poor farmers (SSM) from sudden import surge of farm products, as identified during Doha round (2001).

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TFA in services (TFS) - India’s Perspective: Non-issues at WTO talks 1. Pro-corporate issues like global chains, e-commerce, labour, climate related,competition policies. Outstanding issues: 1. special Safeguard Mechanism - to protect poor farmers 2. Public stockholding for food security. Regional Partnership Agreements Background: 1. India has been negotiating several FTAs. Recent ones are India-EU FTA, CEPA with Australia, NZ, China, Japan, Korea. 2. At global level 3 main mega-regional negotiations are underway:1. TTIP (Transatlantic Trade and Investment Partnership): between EU and US. 2. TPP (Trans Pacific Partnership, 12 members) : between US and 11 other economies. 3. RCEP (Regional Comprehensive Economic Partnership) : between ASEAN and 6 other economies (3+3). India is part of this one. 4. These multilateral trade agreements have significant impact on trade interests of India as they offer member nations more incentives compared to non-member nations. Challenges: 1. Challenges domestic industry. Eroding existing preference of domestic products in established EU and US markets. 2. Establishes a stringent and demanding framework of rules. 3. Benefits from ongoing negotiations are unlikely unless India see domestic reforms, labour reforms. 4. India’s reputation as a weak enforcer of IPR. Developing an IPR regime upto the standards of OECD and consistent with domestic interests will be a challenge. 5. Trade policy standards in TTIP and TPP are expected to higher than RCEP which India is a negotiating member. Suggestions / Way forward: 1. Promote our own domestic market and reduce dependence on exports for growth. 2. Use platforms like WTO effectively to secure our trade interests that might be at stake due to regional agreements. 3. Improve upon domestic infrastructure and reforms to make our products more competitive in world market. 4. Diversify our export basket to expand our trade and to minimize the impact of mega regional agreements. 5. EU is a significant market for Indian IT services but remain underutilised due to data security related constraints posed by EU regulations. 6. We must explore and increase our presence in the untapped markets of Africa, Latin America, West and Central Asia that are not part of the trade agreements. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Mega-regional trade agreements: needed to be seen in context of increasing bilateral FTA (which have increased from around 124 such agreements in 1994 to over 600 agreements in 2015). TPP (Trans Pacific Partnership): 1. is a mega-regional FTA between 12 Pacific-Rim countries, led by US. It covers 2 of world’s 3 largest economies i.e US and Japan. 40% world economy. [China not part of it. India too not part of it.] 2. Members: CA, US, Mexico, Peru, Chile, NZ, Aus, Brunei, Malaysia, Singapore, Vietnam, Japan. [S Korea also wants to join] 3. At-least 6 out of 12 countries which make up 85% of Combined GDP have to approve the final text within 2 year ratification period for it to be implemented. 4. Purpose: seeks to lower trade barriers such as tariffs, eliminate 18,000 tariff/non-tariff barriers, establish a common framework for IPR, standards for labor law and environmental law, and establish an investor-state dispute settlement (ISDS) mechanism. 5. World Bank noted TPP could boost overall GDP of member countries by 1.1% by 2030. India’s GDP may get impacted negatively by about 0.2% RCEP (Regional Cooperation for Economic Partnership) - underway 1. formed among the 10 ASEAN countries and 6 Others - India, China, Japan, South Korea, Australia and New Zealand 2. Recently due to India’s obstructionist and defensive approach, some RCEP members issues ultimatum to reduce tariffs (except sensitive sectors like agriculture and some industrial goods) or exit FTA talks as it is delaying any final deal. 3. India has accepted single tier tariff for all members as proposed by Japan against Indian 3layer tariff system. India also proposed a 2-tier tariff structure to treat China differently from rest 15 countries. 4. TRIPS-plus provisions : related to Intellectual Property provisions like data exclusivity and patent term extn. MSF opposed -> provisions could rise generics costs. 5. India is also seeking for greater services market access. Arguments in favour (of India joining): 1. Allows India to diversify markets in Southeast Asian countries and garnering benefits of common FTA over whole region 2. Lenient time limits for attaining labor and environmental standards along with provision of protecting small industries would allow India to secure domestic interests 3. Provisions related to ever-greening of patents dropped after Indian opposition. 4. Joining bloc will give boost to ‘Act east policy’ and would shield against losses due to TPP, TTIP 5. India may emerge as attractive investment destination to China. Employment. Arguments against (of India joining) 1. Study by Commerce Ministry indicates that it can lead to a revenue loss of 1.6% of the GDP. 2. Joining bloc can result in cheaper imports (due to removal of tariffs altogether) from China. eg China dumping its excess capacity like steel.

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3. Competition with Indonesia and Philippines can reduce benefits of service trade within the bloc. 4. Some of RCEP partners which are common with US led TPP are trying to push standards to level of TPP. While us driven by its current socio-economic realities. 5. Japan and Korea are pushing for two of most worrying demands:1. Data exclusivity is a form of legal monopoly protection over and above patent protections. This is given to compensate for investment made during clinical trials which implies that regulators cannot approve a similar drug for next 5 years, effectively delaying the entry of generics. 2. Patent term extn : are given to compensate the company for delays in processing patent applications upto 5 yrs. Change period of patent from 20 to 25 yrs. 6. Investor-State Dispute settlement (ISDS): here India wants first to exhaust national legal machinery before going to international private tribunals which is being opposed by several members. 7. Not much progress on services front : India won’t benefit much on goods front even if gets access to mkt due to its poor infra and weak manufacturing base. That’s why it has been pushing for easier visa regime for its service professionals. Transatlantic Trade and Investment Partnership (TTIP) - underway 1. between the U.S. and the E.U. Alternatives 1. Make Outside India (CMLV countries) and exploit benefits of FTA of these nations with China and others. 2. Bilateral FTAs. 3. Joining RCEP (with ASEAN + 6) 4. Boosting SAFTA 5. Joining APEC 6. INSC (CIS) 7. IAS : African Countries (India Africa Summit) 8. MERCOSUR: South American integration union (Argentina; Brazil; Paraguay; Uruguay; and Venezuela) 9. Develop Analyst + Diplomats + Trade deal Negotiators = coming to the terms of TPP. 10. Pakistan: MFN 11. BIMSTEC MERCOSUR is a sub-regional bloc of South American countries (full members: Argentina, Brazil, Paraguay, Uruguay and Venezuela), which is also 4th largest trading bloc. India-MERCOSUR PTA came into effect in 2009. It needs a relook: Technology: 1. Brazil can help India with ethanol blending in Petrol; ISRO; India Pharma expertise Strategic: 1. Climate change; Cyber security; Freedom of SLOC in region; South South Cooperation (G33WTO); support for UNSC entry UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Soft power: 1. Democracy; huge Indian diaspora; India can contribute for capacity building in healthcare and education WTO 10th WTO ministerial meet - Nairobi, Kenya, Dec 2015: Bali Summit 2013 (9th WTO meet) - “Peace Clause” 3 outcomes: 1. Trade facilitation agreement - To cut down the red tape in customs clearance 2. LDC exports - Exporters from Least developing countries, will get Duty free, quota free (DFQF) access to markets in foreign countries. 3. Food stock-holding - this lead to peace clause till 2017. As per peace clause, no member can drag developing country to Dispute Settlement mechanism of WTO for violation of de-minimus limits (10%) in AoA. But India looks for a permanent solution to the problem of food stockholding for Food security purpose. Challenges: 1. WTO Agreement on Agriculture (AOA) has limitation on subsidy for farm products which might impact India food security programme. If procurement for public stock-holding programmes for food security purposes is done at administered prices, rather than at market prices, then the subsidy element,has to be kept within certain prescribed limits. 2. Agreement on Agriculture has been criticised for reducing tariff protections for small farmers in developing countries India’s concern: 1. India has problems with two issues, food subsidies (SSM to check fall in prices due to cheaper imports) and stockpiling of food grains (Food Security). 2. India is running food procurement programmes by providing MSP to farmers and subsidised food to poor through PDS. 3. New WTO agreement limits value of food subsidies at 10 % of total food grain production. India’s concern is that subsidies have been calculated taking 1986 as base year. 4. India has 25 % of world’s hungry which makes it government’s responsibility to ensure availability of food to its people. 5. Moreover, India’s food programme is largely domestic so it doesn’t distort global food trade. 6. India wants a Special Safeguard Mechanism (SSM) which allows developing countries to temporarily hike duties on farm products to counter sudden import surges and price falls, thereby protecting the interests of poor farmers. 7. India and G33 insist that SSM mechanism can come into play if imports rise by about 10%, while developed countries want it as 40% India’s stand: 1. India wants discussion on trade distorting farm subsidies of rich countries. It wants developed countries like USA to bring down its amber box subsidies which distort trade.

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Way ahead 1. India is planning to sign it to improve it World’s Bank ‘Ease of doing business’ ranking. Currently it is 130/189 countries. 2. India should get the issues resolved before signing the deal. 3. India wants reduction of ‘huge and trade distorting’ agribusiness subsidies in developed countries. Category of subsidies (per WTO): 1. Red box (forbidden) 2. Amber box (to be reduced): Production and trade distorting domestic support measures (article 6 Agreement on Agriculture). Example: support prices and subsidies directly related to production. Limits: The subsidies are limited to de-minimus level which is, 5% of agricultural production for (1986-88) for developed countries, 10% for developing countries. 3. Blue box (amber box with conditions): Any support that would normally be in amber box, is placed in the blue box if the support also requires farmers to limit production. Limits: At present, no limits. Very few countries use blue box- Iceland, Norway, Slovenia etc. 4. Green box (permitted): In order to qualify, green box subsidies must not distort trade, or at most cause minimal distortion. They have to be government-funded (not by charging consumers higher prices) and must not involve price support. Limits: No limits. Ex: environmental and conservation programs, research funding, inspection programs, domestic food aid including food stamps, and disaster relief, pest control programs, farm extension services. India’s point: 1. In 1986: USA agriculture production was far ahead of India. So, their 5% De-minimus quota will be far bigger than our 10% quota (in absolute figures). 2. Input costs have skyrocketed in these decades. But, De-minimus doesn’t consider inflation factor. Nairobi Summit 2015 1. The developing and the poor world wanted Doha Round to continue till all outstanding issues, including on protection of poor farmers and food sovereignty, are resolved. 2. However ‘Nairobi Ministerial Declaration’ reflects surrender to US proposals to set aside key Doha issue and to open door for “Pro-Corporate” issues. 3. They had sought introduction of new issues that are of their interests, including e-commerce, global value chains, competition laws, labour, environment and investments. Key takeaways: 1. Final declaration quietly casts aside the Doha Development Agenda bringing gains to US,EU and reaffirms primacy of WTO as arbiter of international trade rules leaving aside the voices of LDCs and emerging economies. 2. The mention in favour of multilateral formats in ministerial declaration of is tacit recognition of conclusion of Trans-Pacific Partnership (TPP), one of three mega-regional trade agreements (TTIP and RCEP) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. There is no concrete agreement on a special safeguards mechanism (SSM) to protect farmers in the developing countries against sudden import surges. 4. No short deadline for a permanent solution on public stockholding for food security purposes. 5. Outcome: “Nairobi Package” i.e. 6 decisions on agri, cotton, and LDC. 1. Commitment to abolish export subsidies on agriculture. 1st world to abolish immediately and 3rd world in phased manner in next 8 years. 2. No firm decision on Special Safeguard Mechanism (SSM) for Developing Countries i.e. they could increase duties on imported agriculture items 1st world temporarily to protect local farmers. 3. No solution to the public stockholding norms. 4. Success in IT-trade deal. Almost all IT imports will become import duty free by 2019. Way ahead: 1. The government needs to broaden its preparation: renewing and strengthening its ties with developing and LDC economies to protect Doha agenda, and finally bolstering its pool of trade negotiators by picking the best and brightest trade experts and lawyers. 2. On Doha issues, it is important to clearly map what India wants, and how that may be achieved. Of equal importance is need to prepare for new issues, approaches and architecture that “some” WTO members have expressed their desire for in Nairobi Declaration. Recently concluded TPP agreement perhaps provides a clear glimpse of what these new issues are likely to be — environment, labour, investment, competition, government procurement,and so on. 11th WTO ministerial meet - Buenos Aires Dec 2017 Developed countries is planning to bring issues related to inclusion of 1. e-commerce (as a means to promote MSME) : Financing and Internet penetration challenges (as low as 9%) are biggest challenges for LDC and poor countries. 2. Investment : Bilateral Investment Treaties (BITs) which focus on ISDS (Investor State Dispute Settlement), using which investors can sue their host countries in private int’l panels, has faced much resistance from developing countries like India. India has adopted a new model BIT to truncate powers of foreign investor.

MARITIME ISSUES South China Sea (SCS) dispute: 1. involves both islands and maritime claims among several sovereign states within the region. While China considers almost the entire South China Sea as its internal lake, there are contesting claims by other littoral members. 2. PCA in Hague has ruled against Chinese historical claims over South China Sea. 1. The case was brought in 2013 by Philippines centering on Scarborough Shoal but Beijing chose to boycott proceedings. 2. 9-dash line (covering Spartley and Paracel islands) is violation of UNCLOS. 3. China rejected ruling calling it devoid of binding force. China is thinking of establishing a ADIZ in SCS.

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Significance for India: 1. Act East Policy of India - economic cooperation, cultural ties and develops strategic relationship with countries in region. 2. trade and Sea Lanes of Communication (SLOCs) - maintaining free and safe passage of ships in the region 3. India has maintained principled positions of freedom of navigation, maritime security, resolution of dispute according to international laws and UN Conventions. UNSC membership to India: UNSC Reforms encompasses 5 key issues: 1. categories of membership 2. question of veto held by 5 permanent members 3. regional representation 4. the size of an enlarged Council and its working methods 5. and the Security Council-General Assembly relationship Need: 1. UNSC doesn’t reflect changed int’l order since end of cold war. eg Multilateral-ism (BRICS, NDB,AIIB) 2. Geopolitical rivalries have prevented UNSC from dealing with global crisis. eg Libya, Syria. l

No permanent member from Africa, despite 75% of work of UNSC focused on Africa.

Indian Argument 1. Founding member of UN; world largest democracy and Asia’s 3rd largest economy. 2. Largest contributor to UN Peacekeeping mission since inception. 3. Member of UNSC for 7 terms and member of G-77 and G-4 (India, Brazil, Japan, Germany). Opposition: 1. US only favours modest expansion while Russia doesn’t want any changes to veto provision 2. India and Africa lags far behind in terms of GDP per capita 3. India and Africa finances a minuscule percentage of UN Peacekeeping missions 4. Countries have low level of development as evident on rankings in HDI 5. Inclusion of more members will make decision making even more difficult 6. India is making efforts to modernize military but has not picked up pace yet while Africa is nowhere close in military modernization 7. Coffee Club (Italy, Pakistan, Mexico and Egypt) opposition to G4 entry to UNSC and later started the Ufc (Uniting for Consensus) and joined by S Korea, Columbia, Argentina. Conclusion: 1. Reforms need to make it more representative otherwise possibility of institutions being sidelined by emerging powers.

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IR ORGANISATIONS AND OTHERS Asia-Pacific Economic Cooperation (APEC) 1. Forum of 21 Pacific Rim member economies that promotes free trade. India - observer status. Why Apec needs India: 1. India is region’s 3rd largest and world fastest growing economy. APEC - 60% of global GDP; Experiencing sluggish growth; look for opportunities in new markets. 2. India - largest labour force by 2030 and it can help offset impact of aging populations, shrinking work force in APEC countries. Advantages for India: 1. Boost to Act East policy and integrate Indian economy into APEC 2. Inclusion of India will act as a catalyst for further economic reforms and giving boost to MSME sector in the country. ASEAN-India 1.

India is not a member state of ASEAN. 1. “ASEAN 2025 : Forging Ahead Together” 2. Trade between India and theAsean stood at $ 80 billion 3. India also offers ASEAN GAGAN services - advanced navigation and location assistance and information facilities. 4. Opening an ASEAN Studies Centre in our North-Eastern Hill University in Shillong, which is our Gateway to the East. 5. India provide e-visa facility to all 10 Asean members 6. India will set up an Asean-India innovation platform to facilitate commercialisation of lowcost technologies 7. India will focus on CMLV- Cambodia, Laos, Myanmar and Vietnam for its “Make Outside India” program.

Stockholm International Peace Research Institute (SIPRI) dedicated to research into armaments, arms control and disarmament.

INDIA - EU SUMMIT 2016 (BRUSSELS, BELGIUM) 1. Within the E.U., Belgium is India’s 2nd largest trading partner. 8th BRICS Summit 2016 1. India to host in Goa in Oct 2016. 2. Theme - Building Responsive, Inclusive and Collective Solutions (BRICS). 3. Logo for Summit is a lotus having colours from all the 5 member countries and a traditional ‘namaste’ in the centre.

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4. India will adopt a 5-pronged approach during its Chairmanship. It will comprise Institution Building, Implementation, Integration, Innovation, and Continuity with Consolidation (IIIIC or I4C). 5. BRICS - 42% population; GDP - $16 trillion 6. BRIC founded in 2009; South Africa added in 2010. Human Rights Watch (HRW) 1. is an int’l NGO that conducts research and advocacy on human rights. 2. HQ are in New York City 3. World Report 2015 Amnesty International 1. NGO focused on end abuse of human rights and demand justice for victims. 2. Founded in London International Tribunal for the Law of the Sea (ITLOS) - seat (Hamburg, Germany) 1. independent judicial body established by the (UNCLOS) to adjudicate disputes arising out of the interpretation and application of the Convention. 2. The Tribunal is open to all Parties/Non-parties to the Convention. The UNCLOS convention 1. establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. 2. It contains provisions relating to the territorial sea (12 nm), the contiguous zone (12+12 nm), the continental shelf, EEZ (200 nm), the high seas. 3. The Convention declares the Area and its resources to be “the common heritage of mankind”. 4. The International Seabed Authority (observer status to UN), established by the Convention, administers the resources of the Area. Kaladan Multi-Modal Transit Transport Project 1. is a project that will connect the eastern Indian seaport of Kolkata with Sittwe seaport in Myanmar by sea; 2. It will then link Sittwe seaport to Paletwa (Myanmar) via Kaladan river boat route and then from Paletwa on to Mizoram in by road transport. 3. Benefit : This project will reduce distance from Kolkata to Mizoram by approximately 1000 km and cut travelling time to 3-4 days for transport of goods. Current route from North East to Kolkata port via chicken neck faces heavy traffic and takes many days.

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India–Myanmar–Thailand Trilateral Highway 1. connect Moreh in Manipur (India) to Mae Sot (Thailand) via Mandalay (Myanmar).

United States Commission on International Religious Freedom (USCIRF) 1. USCIRF is an independent, bipartisan U.S. federal government commission, the first of its kind in the world, dedicated to defending the universal right to freedom of religion or belief abroad. 2. India has been denying visas to USCIRF for 7 years now, on the basis that India see no “locus standi of a foreign entity like the USCIRF to pass its judgment and comment on the state of Indian citizens’ constitutionally protected rights”

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Hague Convention 1. on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Adoption Convention) 1980. 2. India is not a signatory to the agreement, children are taken away with the courts and authorities not being able to take any action. Raisina Dialogue 1. India’s flagship conference of geo-politics and geo-economics hosted in Delhi.(by MEA and ORF) 2. Other such initiatives: Shangri La (Singapore) for Asia Pacific defence and strategic cooperation; Munich Conference; Manama dialogue (Arab-India Cooperation Forum ; Manama - capital of Bahrain) Shangri-La (hotel) Dialogue 2016 - Singapore 1. also known as IISS Asia Security Summit was launched in 2002, by British think tank International Institute for Strategic Studies and the Singaporean government, to discuss pressing and significant defence and security issues. 2. It is attended by defence ministers and military chiefs of 28 Asia-Pacific countries besides those of other countries. Manama Declaration 2016 1. Arab-India Cooperation Forum was held Manama, capital city of Bahrain. 2. The two sides discussed regional and global issues of mutual concern, including developments in the Arab region and in South Asia, counter-terrorism, United Nations Security Council (UNSC) reforms, Palestinian issue and nuclear disarmament. Global Energy Architecture Performance Index Report 1. India has been ranked at the 90th place in a list of 126 countries compiled by WEF on the basis of their ability to deliver secure, affordable and sustainable energy. Oxfam International ( Oxford Committee for Famine Relief) 1. is an international confederation of 17 org working to find solutions of poverty. HQ: Oxford, England 2. Focus: Poverty eradication, Disaster relief, Advocacy, Policy research. 3. Releases report on inequality: 62 persons (53 male, 9 female) have wealth equi to bottom 50%; Top 1% = Bottom 99%. Suggestions: Minimum wages to Living wages; End of tax havens, worldwide tax transparency system.

Others AfDB - African Dev Bank - India hosted the group meeting for first time. UN-Habitat :New Urban Agenda promotes socially and environmentally sustainable human settlements. The Moab “Mother of All Bombs” or GBU-43/B is the world’s largest non-nuclear weapon . Dropped by US on IS in Afghanistan. OxFam - 1% population accounts for 58% wealth in India (~50% in world) and bottom 50% account for 2% of wealth. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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World Press Freedom Index - Reporters w/o Borders (RSF) - India ranks low at 133 among 180 countries. Responsibility to Protect (R2P) : is a global political commitment endorsed by all member states of UN to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. If a state if failing to protect its population, int’l community must be prepared to take collective action, acc to UN Charter. Criticism of R2P doctrine : Intervention in Libya/Syria; Did not intervene when Israel bombing of Gaza (Palestine) Women Olympic medalists - Sakshi Malik, P V Sindhu Global Fraud Report’16 : Perceived prevalence of fraud 3rd highest in India (80%), after Colombia (83%), Sub-Saharan Africa (84%). India not a signatory to the 1951 UN Refugee Convention, under which it would have been obliged not to send refugees back to a territory against their will if they fear threats to life or freedom.

REPORTS IMF - (Promote int’l monetary cooperation, int’l trade, Exchange rate mgmt, meet BOP, part of Bretton Woods) 1. World Economic Outlook 2016 (forecasts macroeconomic indicators) - biannual (April,Oct). IMF has branded India as the brightest spot in the Global Economy. World Economic Forum - WEF (swiss non-profit, Annual meeting in Davos, Switz) 1. Global Competitive Index (GCI) 2015 - India Jumped 16 places to 55. China at 28. 2. Global Travel and Tourism Index (India rank improved to 40 from 52 in 2017) World Bank 1. Ease of Doing Business 2016 - India improved 12 places to 130. (By IBRD, World Bank). India last among BRICS. UNCTAD (United Nations Conference on Trade and Development) 1. World Investment Report 2016 : Investment attractiveness ranking - 10th ($44 billion) INSEAD and WIPO (World Intellectual Property Organization, agency of UN) 1. Global Innovation Index 2016 (GII). Data derived from Int’l TeleCom Union, WB, WEF. India improved rank from 81 to 66. China in top 25. US Chamber of Commerce 1. International Intellectual Property(IP) Index. India ranked 37 out of 38 countries. The Global Gender Gap Index 2015 Report 1. by World Economic Forum, ranks over 140 economies according to how well they are leveraging their female talent pool, based on economic, educational, health-based and political indicators. South China Sea: 1. China-administered Woody Island (in Paracel chain) East China Sea: 1. where Beijing and Tokyo have a territorial dispute over Diaoyu Islands, known as the Senkaku in Japan. The possibility of the deployment of the U.S. Terminal High Altitude Area Defense (THAAD) antimissile system, following the North Korean nuclear and ballistic missile technology tests this year.

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INTERNATIONAL INSTITUTIONS IAEA International Atomic Energy Agency 1. is an int’l organization that seeks to promote peaceful use of nuclear energy, and to inhibit its use for nuclear weapons. 2. IAEA as an autonomous org is not under direct control of UN. It was estb through its own treaty, it reports to UNGA and UNSC. 3. HQ: Vienna, Austria. India is a member. 4. India has ratified Convention on Supplementary Compensation for Nuclear Damage (CSC), 1997 which sets parameters on a nuclear operator’s financial liability. It submitted instrument of ratification to CSC to IAEA. 1. It will boost India’s nuclear commerce with other partners. 2. Contribution to strengthen an international convention and global nuclear liability regime. 5. CSC has been framed in consistent with principles of Vienna Convention on Civil Liability for Nuclear Damage (1963) and the Paris Convention on Third Party Liability in the Field of Nuclear Energy (1960). 6. Signature and ratification of Nuclear Non-Proliferation Treaty (NPT) are not preconditions for membership in the IAEA. Nuclear Supplier Group (NSG) 1. 48-member NSG is a multinational body concerned with reducing nuclear proliferation by controlling export and re-transfer of materials for nuclear weapon development and by improving safeguards and protection on existing materials. 2. It operates by consensus and all its current members are signatories to Nuclear Non-Proliferation Treaty (NPT). 3. It was set up in 1974 as a reaction to India’s nuclear tests to stop the misuse of nuclear material meant for peaceful purposes. 4. India, Pakistan, Israel and South Sudan are 4 UN member states which have not signed the NPT. Benefits of membership: 1. Timely info on nuclear matters and is part of a transparent process. 2. It will increase India’s prestige as a responsible nuclear power and strengthen legitimacy to Indian nuclear programme. It will help expand its nuclear power generation (to meet its energy needs 40% non-renewable under INDC)) 3. It will open prospects of trade in nuclear fuel/technology for civilian purposes. 4. NSG controls supply of raw material, so membership will give boost to nuclear energy program of India. 5. India will get say in making rules for global nuclear order. US and China position on India’s entry request: 1. U.S. has reiterated its support for India’s membership of the NSG in the face of opposition from China. USA though supports India, it is not trying hard to influence others as India expects. 2. China has opposed India’s bid on the ground that it has not signed NPT yet. Also China has been linking New Delhi’s candidacy to Islamabad’s. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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3. India got an exemption from NSG for nuclear imports in 2008, following civil nuclear deal with U.S., despite not being a signatory to NPT. 4. China and few other countries demand a criteria based approach rather than an exception for India. Of 48 members 38 members supported India’s Bid for entry in NSG at the Seoul plenary session in June 2016. Indian Argument: 1. NSG is an ad-hoc export control regime and France, which was not an NPT member for some time, was a member of NSG since it respected NSG’s objectives. Also, NPT allows civil nuclear cooperation with non-NPT countries. 2. Indian nuclear programme is based on credible minimum deterrence and No First Use unless faced with an attack of weapons of mass destruction (WMD) as a responsible nuclear state. 3. India has been a voluntary adherent to NSG guidelines and has an impeccable non-proliferation record since 1998. 4. India has declared a voluntary moratorium on further underground nuclear tests. 5. India has already acquired high-level expertise in peaceful use of nuclear energy in industry, power, agriculture and health care. Way ahead: 1. NSG membership cannot be linked with NPT. But, it can be linked with IAEA. And India has closely cooperated with IAEA guidelines. Therefore, India’s case should be judged independently w/o prejudice to block it following lobbying from other countries. 2. However, to build support in NSG, which operates by consensus, India will need to take additional steps to demonstrate its commitment to nonproliferation. 3. Also, India is actively eyeing membership of MTCR, Wassenaar Arrangement and Australia group along with NSG. 4. China’s continued obduracy raises serious questions regarding value of org like BRICS, RIC, BASIC, where India and China are believed to be working together. NPT 1. to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy, and to further the goal of achieving nuclear disarmament and general and complete disarmament. 2. The Treaty entered into force in 1970. 3. A total of 190 states have joined the Treaty. 4. 4 UN member states have never joined the NPT: India, Israel, Pakistan and South Sudan. 5. North Korea, which acceded to the NPT in 1985 but never came into compliance, announced its withdrawal in 2003. 6. The treaty recognizes 5 states as nuclear-weapon states: the United States, Russia, the United Kingdom, France, and China. Comprehensive Nuclear-Test-Ban Treaty (CTBT) 1. is a multilateral treaty by which states agree to ban all nuclear explosions in all environments, for military or civilian purposes. 2. The CTBT has yet to become global law due to its demanding entry into force clause, which requires the signature and ratification of all 44 countries listed as nuclear technology capable.

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3. At present, 8 of those countries are yet to ratify (China, Egypt, Iran, Israel and US) while India, Pakistan and North Korea are the only non-signatories from this list. Indian objection to CTBT: 1. it divides the world permanently into nuclear “haves and have-nots”. 2. India called for a treaty that banned all types of nuclear weapons tests. 3. No time frame mentioned to dismantle existing nuclear weapons. 4. CTBT is silent on complete nuclear disarmament. India is “committed to working towards a CTBT that will promote the goal of total nuclear disarmament”. Missile Technology Controls Regime (MTCR): 1. MTCR is an informal and voluntary multilateral export control regime. It aims to limit proliferation of missile and other unmanned delivery systems capable of carrying 500 kg payload for more than 300 km 2. India has become member. One of 4 export control regimes (MTCR, NSG, WA, AG) India want to be part of. 3. China, Israel and Pakistan are not members of MTCR. Significance: 1. Membership will provide boost to India’s space and missile tech, besides Make in India/ Indigenisation. 2. India is now a part of rule making body rather than being on the sidelines. Paves way for NSG and strong case for entry in UNSC. 3. Import/Access to latest tech. 4. Ease way for export of supersonic BrahMos cruise missile. eg: Vietnam Wassenaar Arrangement (Netherlands) 1. It aims to promote transparency and greater responsibility in transfer of conventional arms and dual-use goods and technologies. India is not a member of the Wassenaar Arrangement. The Australia Group 1. is an informal forum of countries that seeks to ensure that exports do not contribute to the development of chemical or biological weapons. India is not a member. Hague Code of Conduct against Ballistic Missile Proliferation (HCoC) 1. India recently joined the code to strengthen global non-proliferation regimes. United Nations Committee on the peaceful use of Outer Space (COPUOS) 1. India is a member of COPUOS from 1959 and maintains its stand on peaceful use of Outer Space. 4th Nuclear Security Summit(NSS) 2016, Washington DC, US 1. Deliberation on crucial issue of threat to nuclear security caused by nuclear terrorism. Limitations: 1. NSS covers nuclear material only from non-military purposes (83% nuclear material falls outside its ambit).

IMF 1. International Monetary Fund (IMF) was established along with IBRD in 1944. India is a founder member of IMF. UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Objective : macro-economic growth, alleviation of poverty and economic stability, policy advice & financing for developing countries, forum for cooperation in monetary system, promotion of exchange rate stability and int’l payment system. 3. Voting powers is based on quota system. India hasn’t taken any loans from IMF since 1993 and it doesn’t have any outstanding loans since 2001. Reforms: 1. Country quota re-distribution: to better reflect power balance of emerging mkts in global economy, reinforces legitimacy of IMF. 1. 6% pts transferred from developed to emerging economies. 2. India voting shares increased by 0.292% from 2.3 to 2.6%. China’s voting share increased by 2.265% from 3.8% to 6% 3. BRIC among top 10 largest members of IMF. Top 3 = US, Japan, Germany. 4. India’s share and voting rights are 8th and ahead of Russia and Brazil. 2. IMF Exec Board: will consist entirely of elected Executive Directors, ending category of appointed Executive Directors from 5 largest quotas countries.

BRICS Background: 1. Originally “BRIC” (2008) before inclusion of South Africa in 2010. 2. All developing, newly industrialized nations, emerging economies and significant influence on regional and global affairs. 3. All five are G-20 members. 4. 8th Summit 2016 - Goa; 7th Summit 2015 - Ufa(Russia) July 2015; 6th Summit 2014 Fortaleza(Brazil) 8th BRICS Summit - Goa 2016 1. Goa Declaration urged dismantling of terror bases. 2. emphasized need for adaptation of Comprehensive Convention on International Terrorism (CCIT) in UNGA and urgent need to reform UNSC to increase representation of developing countries. 3. BRICS = 25% landmass + 40% population 4. BRICS bank NDB set up in 2015 has started funding for clean energy and sustainable dev projects. 5. Geopolitically BRICS is a mixed bag, as countries don’t see themselves as a grouping against west as all of them have substantial stakes with west.

SCO SCO 2016 meet - Tashkent (Uzbekistan) 1. India is slated to join SCO after its membership approval last year. 2. India will also push for its NSG bid. Shanghai Co-operation Organisation, HQ : Beijing: 1. is a Eurasian political, economic and military organisation which was founded in 2001 in Shanghai by the leaders of China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan. [Turkmenistan is not there]. India and Pak new members. 2. SCO is seen as a counter to NATO.

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Main projects: 1. Silk Road Economic Belt (SREB) and Eurasian Economic Union (By Russia) 2. Member countries’ development issues and their economic collaboration Significance: 1. Full membership in SCO to India will provides India greater visibility in affairs of Eurasian region, strategically imp for India. 2. Security - neutralise centrifugal forces arising from religious extremism and terrorism in the region. 3. Forum to constructively engage with Pak and China in regional security context. 4. Focus on 3 areas:- energy, trade/transportation links, dealing security threats. 5. With India and Pakistan both involved in a security group, it can help improve security situation in Afghanistan by containing ISIS and Taliban.

APEC 1. The Asia-Pacific Economic Cooperation (APEC) is a regional economic forum established in 1989 to leverage growing interdependence of Asia-Pacific. APEC has 21 Pacific Rim members and permanent sectt is in Singapore. 2. Aim: to create greater prosperity for people of region by promoting balanced, inclusive, sustainable, innovative and secure growth and by accelerating regional economic integration. Members: 1. APEC’s 21 member economies are Australia; Brunei; Canada; Chile; China; Hong Kong; Indonesia; Japan; S Korea; Malaysia; Mexico; New Zealand; Papua New Guinea; Peru; Philippines; Russia; Singapore; Chinese Taipei; Thailand; USA; Vietnam. 2. APEC Members account for 40% of world’s population, 54% of world’s GDP and 44% of world trade. 3. All members have an equal say and decision-making is reached by consensus. No binding commitments or treaty obligations. India status: 1. India was invited to be an observer for first time in November 2011. 2. India has gained support from US, Australia and Japan but it doesn’t border pacific ocean which all current members do. Criticism: 1. APEC has been criticised for promoting FTA that would impose restrictions on national and local laws, which regulate and ensure labor rights, environmental protection and safe and affordable access to medicine. 2. Recently Commerce Ministry has also conveyed to MEA, its concern over demands that India offer concessions in lieu of consideration for APEC membership.

AIIB China led Asian Infrastructure Investment bank, estb in Dec 2015 and headquartered at Beijing (while NDB is in Shanghai) UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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Bank President: Jin Liqun Focus: 1. infra development and regional connectivity in Asia; 2. Region served: Asia, including Oceania Authorized capital: 1. $100 bio (China: $30 bio) 2. Asian Countries will contribute 75% of total capital share. 3. Voting % Share: China - 26%, India - 7.5% (2nd after China), Russia - 5.92% Entry criteria: 1. ratification by 10 states with initial capital subs >50% Projects: 1. China led One Belt One Road (OBOR) 2. India to get $500 million for solar power projects Significance for India: 1. Opens funding alternative to western backed IMF, WB and ADB in which Japan plays a preeminent role. 2. Can push infra projects in NE India, BBIN, BIMSTEC corridor. 3. Opposition from US/Japan. However many of U.S. allies like Australia, UK, France, German, Italy, Philippines and South Korea have agreed to join. Concern: 1. China is largest shareholder with 26% voting rights (with a veto), may dominate AIIB. 2. Most of projects will be linked to OBOR. (India has not joined OBOR, apprehensions over transparency, CPEC)

ADB Setup: 1966; HQ: Manila (Philippines); President: Takehiko Nakao Members: 67 (includes US/Japan and no Russia); 48 from Asia and Pacific and 19 from outside (eg Australia). Region Served: Asia-Pacific 1. Voting rights: EU - 15.7; Japan-12.8% (subscribed capital-15.67%); US-12.75% (subscribed capital-15.5%) ; China- 5.47%, India (5.3%) has 4th largest proportion of share. Focus: 1. Modeled on World Bank as a regional development bank for developing intra-regional trade, reducing poverty, education, inclusive and sustainable growth and regional integration. Significance: Dominance by Japan/US and slow reforms underlie China’s wish to establish the AIIB, while they concern China’s growing influence.

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NDB formerly BRICS development bank. HQ: Shanghai; Setup: July 2015 President: K. V. Kamath Members: 5; Region served: BRICS and emerging countries Focus: to mobilize resources for infra and sustainable development projects in BRICS & other emerging/developing economies. Authorized capital: $50 bio ($10 bio each member); Lending: $34 bio/year Vote Share: Equal share, Equal vote, No veto (for any participant member) Significance: Proposed by India at 4th BRICS in 2012, in Delhi. Agreed during 5th BRICS Summit, Durban, S Africa in 2013

Is India utilizing UN & its multilateral platforms effectively 1. Terrorism : India has been trying hard to get UN resolution passed on global definition of terrorism (CCIT), rejection of distinction between good/bad terrorism 2. Soft Power : India is one of largest peacekeeping forces in Africa. 3. Economic : IMF quota reforms passed 4. Environmental : India has effectively utilized the mechanism of UNFCC to address the concerns of climate change 5. Strategic : India has mooted the globally recognized ISA for moving to solar power generation. But it has not met with success on some fronts like getting entry to UNSC. 6. Socio-Developmental : MDG/SDG and their alignment with national goals has helped reduce poverty, illiteracy, promoted sustainable dev, environ conservation. Challenges: 1. Bilateral disputes : Bangladesh - Testa dispute; SL - fisherman, Tamil rehabilitation; 2. India needs to develop a specialized and legal team to represent India interests - Italy mariners case, Climate Summit, WTO deliberations (food security, SSM) India and Acrtic Council Arctic Council consists of the 8 Arctic States: 1. Members : US, Canada, Denmark (Greenland), Iceland, Norway, Sweden, Finland, Russia. 2. Only states with territory in the Arctic can be members of the Council. 3. Observer countries are: China, France, Germany, India, Italy, Japan, South Korea, Netherlands, Poland, Singapore, Spain, and United Kingdom. RIC (Russia-India-China) 1. Trilateral RIC summit in Moscow, Russia. 2. Multi-polar world: The 3 powers came together to reshape the global order, committed to the creation of a multi-polar world order based on respect for international law, multilateralism, and collective decision-making. Areas of cooperation 1. Counter-terrorism and cyber security UPSC Mains GS PAPER-II SHORT NOTES — by Vikas Sangwan

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2. Internet-Governance - currently it remains limited to US 3. Convergence on central Asia - to fight extremism 4. Nuclear and Energy cooperation 5. Peaceful resolution of conflicts 6. Transport and communication Challenges 1. Emergence of BRICS, SCO has challenged relevance of RIC 2. Uneven structure : political bitterness b/w India China; 2 are permanent member of UNSC International Seabed Authority (ISA) 1. is an intergovernmental body estb in 1984 by UNCLOS, based in Kingston, Jamaica, that was established to organize, regulate and control all mineral-related activities in the international seabed area beyond the limits of national jurisdiction. 2. Under - UNCLOS. ISA governs non-living resources of seabed lying in international waters. eg PMS Comprehensive Convention on International Terrorism 1. It is a proposed treaty which intends to criminalize all forms of international terrorism and deny terrorists and their supporters access to funds, arms, and safe havens. 2. The negotiations of this treaty are currently under way at UN. Currently, they are deadlocked because of differences over definition of terrorism.

The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) 1. The BIMSTEC comprises of 7 nations, Bangladesh, Bhutan, India, Nepal, Sri Lanka, Myanmar and Thailand. 2. HQ: Dhaka. Estb : 1997 through the Bangkok Declaration. 3. BIMSTEC has signed convention on Mutual Legal Assistance in criminal matters including crimes related to terrorism, transnational organized crime, drug trafficking, money laundering and cybercrimes. 4. Projects : Trilateral Highway b/w India, Myanmar and Thailand (completed) ; Kaladan Multi-modal Transit (needs to be expedited) Issues: 1. delay in signing of BIMSTEC-FTA 2. Political issues b/w countries Significance : 1. Bridge b/w South Asia and South East Asia; North East Connectivity 2. BIMSTEC Grid connectivity (Energy cooperation) Recent : 1. 3rd BIMSTEC Energy Ministers’ Meeting to be held in Nepal in 2017. 2. BRICS-BIMSTEC Outreach Summit held at Goa in October 2016.

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