Current Affair

Back
DAILY CURRENT AFFAIRS, 26 MARCH 2024

UNITED NATIONS (UN)

 
 
1. Context
The United Nations Security Council on Monday issued its first demand to halt the fighting in Gaza, calling for a ceasefire during the Muslim holy month of Ramzan in a vote that drew an immediate protest from the Israeli Prime Minister
 
2. History of UN
Countries that had dominated world affairs had suffered a great deal after the two wars, and there were two emerging new powers, in the form of the United States and the USSR, who looked set to rival each other. Born out of the horrors of that period, the UN was primarily tasked with the goal of maintaining world peace and saving future generations from the evils of war
United Nations - Wikipedia
 
3. Origin of UN
  • The UN was born out of the ashes of yet another international organisation created with the intention of keeping war away.
  • The League of Nations was created in June 1919, after World War I, as part of the Treaty of Versailles.
  • However, when the Second World War broke out in 1939, the League closed down and its headquarters in Geneva remained empty throughout the war.
  • Consequently, in August 1941, American President Franklin D. Roosevelt and British Prime Minister Winston Churchill held a secret meeting aboard naval ships in Placenta Bay, located on the southeast coast of Newfoundland, Canada.
  • The heads of the two countries discussed the possibility of creating a body for international peace efforts and a range of issues related to the war.
  • Together they issued a statement that came to be called the Atlantic Charter. It was not a treaty, but only an affirmation that paved the way for the creation of the UN.
  • It declared the realisation of “certain common principles in the national policies of their respective countries on which they based their hopes for a better future for the world.”
  • The United States joined the war in December 1941, and for the first time the term ‘United Nations’ was coined by President Roosevelt to identify those countries which were allied against the axis powers – Germany, Italy and Japan. On January 1, 1942, representatives of 26 allied nations met in Washington DC to sign the declaration of the United Nations, which basically spelt out the war objectives of the Allied powers.
  • India, which was under British colonial rule at the time, was also among these nations
un declaration
4. Achievements and Failures of the UN

The United Nations (UN) has been a prominent international organization since its establishment in 1945. It has made significant achievements and faced challenges and failures throughout its history. Here are some notable achievements and failures of the United Nations:

Achievements:

  1. Preventing World Wars: The UN was established after World War II with the primary aim of maintaining international peace and security. It has successfully prevented another world war on the scale of the two World Wars.

  2. Humanitarian Aid: The UN, through agencies like UNICEF, the World Food Programme (WFP), and UNHCR, provides vital humanitarian aid, including food, shelter, and medical assistance, to people in need around the world.

  3. Peacekeeping Operations: The UN has undertaken numerous peacekeeping missions to help resolve conflicts and maintain peace in various parts of the world, including Cyprus, Lebanon, and Sierra Leone.

  4. Decolonization: The UN played a significant role in decolonization efforts, helping newly independent countries gain international recognition and supporting the end of colonial rule in many parts of the world.

  5. Universal Declaration of Human Rights: The UN adopted the Universal Declaration of Human Rights in 1948, setting forth fundamental human rights and freedoms. This document has been instrumental in shaping international human rights norms.

  6. Development Goals: The UN established the Millennium Development Goals (MDGs) and later the Sustainable Development Goals (SDGs), which have provided a framework for addressing global poverty, inequality, and environmental challenges.

  7. Environmental Protection: The UN has led efforts to address global environmental issues through conventions like the Paris Agreement on climate change, the Convention on Biological Diversity, and the Montreal Protocol on ozone depletion.

  8. Public Health: The World Health Organization (WHO), a UN agency, has played a crucial role in international public health efforts, including vaccination programs, disease control, and pandemic response.

Failures and Challenges:

  1. Ineffectiveness in Preventing Genocides and Mass Atrocities: The UN has faced criticism for its inability to prevent or effectively respond to genocides and mass atrocities, such as those in Rwanda (1994) and Bosnia (1992-1995).

  2. Security Council Deadlocks: The UN Security Council, with its five permanent members (P5), often experiences deadlock due to conflicting national interests, hindering timely and decisive action on critical global issues.

  3. Human Rights Violations by Member States: Some UN member states with poor human rights records have faced limited consequences for their actions, raising concerns about the UN's ability to enforce human rights norms.

  4. Resource Constraints: The UN relies on contributions from member states, and funding shortfalls can hamper its ability to respond to crises effectively.

  5. Lack of Global Consensus: Achieving consensus among 193 member states on complex issues can be extremely challenging, leading to slow progress or gridlock on important matters.

  6. Peacekeeping Failures: Some UN peacekeeping missions have been criticized for not effectively preventing conflicts or abuses by peacekeepers themselves.

  7. Israeli-Palestinian Conflict: The UN has struggled to mediate a lasting peace in the Israeli-Palestinian conflict, which remains unresolved after decades of efforts.

  8. Complex Bureaucracy: The UN's complex bureaucratic structure can lead to inefficiency, redundancy, and lack of coordination in some areas.

5. Way forward
On a more fundamental level, its structure and other organisations associated with it, such as the World Bank and the IMF, have been criticised for furthering neo-liberal ideas – related to championing free markets and a reduced role of governments. This has been linked to deepening inequalities within countries. Further, the UN has been seen as unrepresentative of its members, particularly countries in the Global South
 
Source: indianexpress
 

COMPETITION COMMISSION OF INDIA

 
 
1. Context
The Competition Commission of India (CCI) imposed a Rs 936.44-crore penalty on the company for “abusing its dominant market position with respect to its Play Store policies.
 
2. Competition Commission of India
  • The Competition Commission of India (CCI) is a regulatory authority established in India to promote and protect fair competition in the marketplace.
  • It was established under the Competition Act, 2002, and became fully functional in 2009.
  • The primary objective of the CCI is to prevent anti-competitive practices, ensure a level playing field for businesses, and promote consumer welfare
  • The Competition Commission of India (within the Ministry of Corporate Affairs) has been established to enforce the competition law under the Competition Act, 2002.
  • It should be noted that on the recommendations of Raghavan committee, the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by the Competition Act, 2002
  • The Commission consists of a Chairperson and not more than 6 Members appointed by the Central Government
  • It is the statutory duty of the Commission to eliminate practices having an adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India as provided in the Preamble as well as Section 18 of the Act.
  • The Commission is also mandated to give its opinion on competition issues to government or statutory authority and to undertake competition advocacy for creating awareness of competition law.
  • Advocacy is at the core of effective competition regulation. Competition Commission of India (CCI), which has been entrusted with implementation of law, has always believed in complementing robust enforcement with facilitative advocacy. It is a quasi-judicial body.
 
3. Key functions and responsibilities 

Here are some key functions and responsibilities of the Competition Commission of India:

  1. Competition Advocacy: The CCI engages in advocacy and education activities to promote competition awareness among businesses, government agencies, and the public.

  2. Antitrust Enforcement: The CCI investigates and takes action against anti-competitive agreements, abuse of dominance by companies, and anti-competitive mergers and acquisitions. It can impose penalties and remedies on entities found to be in violation of competition laws.

  3. Merger Control: The CCI reviews and approves or disapproves mergers, acquisitions, and combinations that may have an adverse impact on competition in the Indian market. It assesses whether these transactions are likely to cause a substantial lessening of competition.

  4. Market Studies and Research: The CCI conducts studies and research to understand market dynamics, competition issues, and emerging trends. This information helps in formulating policies and recommendations to improve competition.

  5. Competition Advocacy: The commission engages in advocacy efforts to promote competition principles and practices among businesses, government agencies, and the public.

  6. Consumer Protection: While primarily focused on promoting competition, the CCI also indirectly promotes consumer welfare by ensuring that markets remain competitive and that consumers have choices and access to fair prices.

  7. Regulation of Anti-Competitive Practices: The CCI addresses practices such as price-fixing, bid rigging, and abuse of market power that can harm competition and consumers.

  8. Legal Proceedings: The CCI has the authority to conduct investigations, hold hearings, and pass orders. Its decisions can be appealed to higher courts in India.

4. What is the Competition Act?
 
  • The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws.
  • The Act prohibits anti-competitive agreements, and abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India
  • In accordance with the provisions of the Amendment Act, the Competition Commission of India and the Competition Appellate Tribunal have been established
  • The government of India replaced Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLAT) in 2017
  • The provisions of the Competition Act relating to anti-competitive agreements and abuse of dominant position were notified on May 20, 2009
Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers
 
5. What is Cartelisation?
Cartels can be difficult to define. According to CCI, a “Cartel includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services”

The International Competition Network, which is a global body dedicated to enforcing competition law, has a simpler definition. The three common components of a cartel are:

  • an agreement;
  • between competitors;
  • to restrict competition.
6. Way forward
CCI needs to revisit its definition of ‘relevant market’. In the age of digital world, defining relevant market has been a tough task for regulators world-wide. Technological developments like Web 3.0, AI, IoT, Blockchain and issues like data protection and privacy, search bias, platform neutrality, confidentiality, etc, have created a need for a robust competition law. Such a law should meet the demands of the technological era we live in.
 
 
For Prelims: Statutory board, Constitutional body
For Mains: 1.Discuss the role and functions of the Competition Commission of India (CCI) in promoting and ensuring fair competition in the Indian market
2.Examine the challenges and limitations faced by the Competition Commission of India (CCI) in effectively regulating and promoting competition in the digital economy
 
Previous year Questions
 1. Competition Commission of India is which kind of body? (RSMSSB Sanganak 2018)
A. Statutory body
B. Constitutional.
C. Single Member
D. Private
Answer (A)
 
Source: indianexpress
 

TOTAL FERTILITY RATE (TFR)

 
 
 
1. Context
 
By 2050, one in five Indians will be a senior citizen while there will be fewer younger people to take care of them. This predictive scenario has been highlighted by a Lancet study, which says that India’s total fertility rate (TFR) — the average number of children born per woman — is dipping irreversibly to 1.29, far lower than the replacement rate of 2.1. This means a rapidly depleting working age population
 

2. About the Total Fertility Rate (TFR)

The Total Fertility Rate (TFR) is a key demographic indicator that helps us understand the average number of children a woman in a specific population will have during her lifetime, assuming current birth patterns persist. It's different from the crude birth rate, which simply measures the number of births per 1,000 people in a population in a given year. 

What it measures

  • The average number of children a woman will have throughout her reproductive lifespan.
  • It considers age-specific fertility rates, which means it takes into account the different birth rates at different ages within the population.
  • Provides a longer-term perspective on population dynamics compared to the crude birth rate.

Significance

  • Helps assess population growth trends and predict future population size.
  • Informs policy decisions related to education, healthcare, social security, and economic development.
  • Understanding TFR is crucial for analyzing the potential demographic dividend, which refers to the economic and social benefits that can arise from a large working-age population due to declining fertility rates.

Calculation

  • Summing the age-specific fertility rates (ASFRs) for all fertile age groups (typically 15-49 years) and multiplying by five.
  • ASFRs represent the average number of births per 1,000 women in a specific age group.

Key TFR levels

  • Replacement fertility rate: Around 2.1 children per woman, ensures population stability without growth or decline due to births and deaths (excluding migration).
  • TFR below replacement: Indicates a declining population, with potential implications for workforce size and economic growth.
  • TFR above replacement: Leads to population growth, requiring investments in infrastructure and resources to support the growing population.
 

3. What does the Total Fertility Rate (TFR) of 2.0 mean?

A Total Fertility Rate (TFR) of 2.0 means that, on average, each woman in the population is expected to give birth to two children over her reproductive lifetime. This value represents the replacement level of fertility, where each generation replaces itself in the population. When the TFR is around 2.0, it indicates that the population is stable, with births balancing deaths over time.

A Total Fertility Rate (TFR) of 2.0 indicates several key things

  • Average Children per Woman: In that specific population, on average, a woman will have two children during her lifetime, assuming current birth patterns remain unchanged. This means that each generation of women is replacing itself, without population growth or decline due solely to births and deaths (excluding migration).
  • Replacement Fertility Rate: A TFR of 2.0 is often referred to as the replacement fertility rate. This is because it signifies the level of fertility needed to maintain a stable population size over time, considering only births and deaths. However, it's important to note that the exact replacement level can vary slightly depending on mortality rates, particularly child mortality.
  • Demographic Transition: A TFR of 2.0 suggests that the population is likely in the later stages of the demographic transition. This transition involves a shift from high birth and death rates to low birth and death rates. In this stage, populations typically experience a decline in fertility, followed by a decline in mortality, leading to a stabilization of population size.
  • Global Context: While 2.0 is the replacement fertility rate, the global average TFR is currently around 2.3, indicating slight population growth. However, many developed countries have TFRs below replacement level, which can lead to an ageing population and potential challenges for social security systems and workforce size.
  • Policy Implications: Understanding the TFR is crucial for policymakers in various areas like education, healthcare, social security, and economic development. A TFR below replacement may necessitate policies encouraging childbirth or attracting immigration to address potential workforce shortages. Conversely, a high TFR might require investments in infrastructure and resources to support a growing population.

 

4. What is the Replacement Fertility Rate?

The Replacement Fertility Rate (RFR) is the level of fertility required to maintain a stable population size in a given area, considering only births and deaths (excluding migration). This means that each generation of women has just enough daughters to replace themselves and their mothers in the population.

Key Points about RFR

  • Typically around 2.1 children per woman This number varies slightly depending on a country's mortality rates, especially child mortality rates. Higher child mortality necessitates slightly higher fertility to ensure replacement.
  • When the TFR matches the RFR, the population neither grows nor declines due to births and deaths.
  • Reaching RFR suggests a population in the later stages of the demographic transition, characterized by declining birth and death rates.
  • Though the global average TFR is 2.3 (slightly above RFR), many developed countries have TFRs below RFR, leading to ageing populations.

Significance of RFR

  • Understanding RFR helps policymakers formulate effective policies in areas like education, healthcare, social security, and economic development.
  • TFR below RFR may require policies to encourage childbirth or attract immigration to address potential workforce shortages and support ageing populations. Conversely, a high TFR might necessitate investments in infrastructure and resources to sustain a growing population.
  • Analyzing TFR about RFR offers insights into potential population growth or decline, aiding in planning and resource allocation.

 

5. How is the Total Fertility Rate calculated?

The Total Fertility Rate (TFR) is calculated by considering the age-specific fertility rates (ASFRs) of a population. 

  1. Age-specific fertility Rates (ASFRs) represent the average number of births per 1,000 women within a specific age group. Typically, ASFRs are calculated for five-year age groups ranging from 15-49 years, covering the typical childbearing years for women. Data for calculating ASFRs usually comes from population censuses or demographic surveys.
  2. Once you have the ASFRs for each age group, you need to sum them all up. This gives you the total number of births expected per 1,000 women across all fertile age groups.
  3. Since age groups may have different sizes, simply summing ASFRs wouldn't be entirely accurate. To account for this, the sum is multiplied by the average number of women in each age group. This ensures the TFR reflects the fertility rates across all age groups proportionally.
  4. Often, instead of using the actual number of women in each age group, a standard factor of "5" is used for convenience. This assumes that each age group has roughly the same number of women, which is a reasonable approximation for many populations.

Therefore, the TFR formula becomes: TFR = (Sum of ASFRs across all age groups) * 5

Example:

Imagine a hypothetical population with the following ASFRs:

  • 15-19 years: 30 births per 1,000 women
  • 20-24 years: 80 births per 1,000 women
  • 25-29 years: 120 births per 1,000 women
  • 30-34 years: 90 births per 1,000 women
  • 35-39 years: 50 births per 1,000 women
  • 40-44 years: 20 births per 1,000 women
  • 45-49 years: 10 births per 1,000 women

Using the formula:

  • TFR = (30 + 80 + 120 + 90 + 50 + 20 + 10) * 5
  • TFR = 400 * 5
  • TFR = 2000 births per 1,000 women

Therefore, in this example, the TFR is 2.0, indicating that on average, a woman in this population would have 2 children during her lifetime based on the current age-specific fertility rates.

 

6. The difference between birth rate and Total Fertility Rate (TFR)

While both birth rate and Total Fertility Rate (TFR) measure fertility within a population, they have key differences that offer distinct insights:

Features Birth Rate Total Fertility Rate (TFR)
Definition Number of births per 1,000 people in a year Average number of children per woman throughout her life
Focus Current fertility level Long-term fertility pattern
Data Requires population size and number of births Requires age-specific fertility rates
Calculation Simple division Summing and adjusting age-specific fertility rates
Advantages Easy to understand, tracks short-term trends Considers age structure, reflects future potential, informs policy
Limitations Ignores age structure, limited future insight, misleading in fluctuating populations
 

Requires complex data, less intuitive, may not perfectly predict future

 
 

7. About demographic dividend

A demographic dividend refers to the potential economic and social benefits that can arise when a large share of the population is in the working-age (typically 15-64 years) compared to the dependent populations (children and elderly). This shift in population structure is often caused by a decline in fertility rates without a corresponding decline in mortality rates, leading to a "bulge" in the working-age population.

Key Features

  • A larger working-age population translates to a larger pool of available labour, potentially boosting economic growth and productivity.
  • The ratio of dependents (children and elderly) to the working-age population decreases, leading to increased savings and investment as fewer resources are needed to support dependents.
  • The potential for increased investments in education and healthcare due to a smaller dependent population, leading to a more skilled and healthy workforce.

Conditions for a Dividend

  • A significant and sustained decline in fertility rates is crucial for the demographic dividend to occur.
  • The benefits of a demographic dividend can only be realized if the working-age population is adequately educated, skilled, and healthy.
  • Expanding job opportunities is essential to absorb the growing workforce and prevent unemployment.

Challenges and Considerations

  • The demographic dividend may not be evenly distributed across regions or social groups, potentially leading to inequalities.
  • Governments and businesses need to adapt policies and infrastructure to accommodate the changing population structure.
  • Ensuring social security and healthcare for the ageing population is crucial to sustain the benefits of the dividend.

Examples

  • Several East Asian countries, like China and South Korea, experienced significant economic growth due to their demographic dividends in the latter half of the 20th century.
  • India is currently experiencing a demographic transition with a declining fertility rate, creating the potential for a future dividend. However, realizing this potential requires investments in education, healthcare, and job creation.
 
8. The Way Forward
 
Understanding the TFR and its implications is crucial for India's future development. By analyzing population dynamics and formulating data-driven policies, the country can harness the potential of its demographic transition and achieve the Viksit Bharat goals sustainably and inclusively.
 
 
For Prelims: Viksit Bharat, Population control goal, Total Fertility Rate, Replacement Fertility Rate
 
For Mains: 
1. Critically analyze the significance of Total Fertility Rate (TFR) in understanding population dynamics and formulating development policies in India. Discuss the potential challenges and opportunities associated with India's projected demographic transition. (250 Words)
2. What are the potential security implications of India's changing population structure? How can these be addressed through proactive policy measures? (250 Words)
3. Imagine you are part of the committee formed by the Finance Minister to study India's population growth. What key recommendations would you propose, considering both demographic trends and the aspirations of a Vikasit Bharat? (250 Words)
 
 
Previous Year Questions
 
1. The total fertility rate is: (HPPSC GS 2018) (MPSC 2015)
 
A. The birth of women divided by the total female population
B. The number of births divided by the total population
C. The number of children a woman will likely bear in her lifetime
D. The births to women of a given age divided by the total number of women at that age
Answer: C
 
Mains
 
1. "Empowering women is the key to control the population growth.’’ Discuss. (UPSC 2019)
2. Critically examine the effect of globalization on the aged population in India. (UPSC 2013)
3. Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC 2021)
4. Define potential GDP and explain its determinants. What are the factors that have been inhibiting India from realizing its potential GDP? (UPSC 2020)
 
 Source: The Indian Express
 

ARCHAEOLOGICAL SURVEY OF INDIA (ASI)

 
 
 
1. Context
 
IN THE first such largescale exercise in decades, the Archaeological Survey of India (ASI) has put out a list of 18 centrally protected monuments which it wants to delist as, according to the central agency, they no longer hold national importance
 
 

2. What is a national monument?

A national monument is a protected area or site that has been designated by a government or other authority as having national significance. These monuments can be natural, cultural, or historical landmarks and are usually protected from development or other activities that could damage or destroy them. National monuments are often open to the public and may have visitor centers, trails, and other facilities to help people learn about and appreciate them. They are typically managed by government agencies or non-profit organizations that work to preserve and protect them for future generations.

 

3. About Archaeological Survey of India (ASI)

  • The ASI was founded in 1861 by Alexander Cunningham, when he realised the need for a permanent body to oversee archaeological excavations and conservation.
  • But while the body remained largely dysfunctional in the 19th century owing to fund crunch, in the decades preceding Independence, it became very active.
  • A bulk of the protected monuments were taken under the ASI’s wings during the 1920s and30s, up till the 50s.
  • But in the decades after independence, the focus of successive governments was on health, education and infrastructure, rather than protecting heritage.
  • Even within the scope of heritage, the aim was to uncover more monuments and sites, instead of conservation.

Powers

  • The ASI operates under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which empowers it to protect and manage monuments and archaeological sites of national importance.
  •  The ASI formulates and enforces regulations related to archaeological activities, including excavations, conservation, and publication of findings.
  • The ASI issues licenses for excavations, export of antiquities, and trade in archaeological objects.

Functions

  • The ASI undertakes conservation and restoration of protected monuments and sites. This includes structural repairs, chemical preservation, and environmental management.
  • The ASI conducts archaeological excavations to uncover historical remains, understand past civilizations, and enrich our knowledge of history.
  • The ASI conducts research on various aspects of archaeology and publishes findings in reports, journals, and books.
  • The ASI studies ancient inscriptions and coins to understand language, history, and economic systems.
  • The ASI manages site museums at various monuments and archaeological sites to showcase artifacts and educate the public.
  • The ASI conducts educational programs and outreach activities to raise public awareness about India's cultural heritage.

Role

  • The ASI plays a vital role in preserving India's rich cultural heritage for future generations. It safeguards monuments and sites that represent diverse periods and cultures, fostering national identity and pride.
  • By protecting and promoting historical sites, the ASI contributes significantly to India's tourism industry. Well-maintained monuments attract visitors, generating revenue and local economic benefits.
  • The ASI's research activities contribute to our understanding of India's history, culture, and society. This knowledge enriches academic fields and informs public discourse.

Mandate

  • To protect and preserve monuments and archaeological sites of national importance.
  • To conduct research and excavations to understand India's past.
  • To educate the public about India's cultural heritage.
  • To promote tourism by developing and maintaining historical sites.

 

Significance

  • The ASI is responsible for protecting and preserving India's archaeological sites, monuments, and artifacts. This includes conducting conservation and restoration work to ensure that these cultural treasures are maintained for future generations.
  • India is home to numerous world-renowned archaeological sites and monuments, such as the Taj Mahal, Qutub Minar, and Ajanta and Ellora Caves. The ASI's efforts to preserve and promote these sites contribute to the country's tourism industry, attracting millions of visitors from around the world each year.
  • India's rich cultural heritage is an integral part of its identity. The ASI's work helps to preserve and promote this heritage, fostering a sense of pride and connection among the country's citizens.
  • The ASI conducts research and documentation on India's archaeological heritage, contributing to the understanding of the country's history and culture. It also plays a role in educating the public about India's archaeological sites and artifacts through exhibitions, publications, and educational programs.
  • The ASI enforces laws and regulations related to the protection and preservation of India's cultural heritage. This includes the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provides legal protection to ancient monuments and archaeological sites in India.

 

4. The Way Forward

The Archaeological Survey of India plays an indispensable role in safeguarding and interpreting India's rich cultural heritage. Their efforts not only preserve the past but also contribute to academic knowledge, national identity, and economic development. As India navigates the future, the ASI's work remains vital in ensuring that its cultural legacy continues to inspire and educate generations to come.

 

For Prelims: Ancient Monuments and Archaeological Sites and Remains Act, 1958, ASI, 

For Mains: 
1. Critically evaluate the role of ASI in fostering national identity and pride in India. How does their work contribute to social cohesion and understanding of diverse historical periods and cultures? (250 Words)
2. Evaluate the potential conflicts between preservation of cultural heritage and development projects. Suggest strategies for achieving a sustainable balance between economic progress and protection of historical sites. (250 Words)

 

Previous year UPSC Mains Question Covering similar theme:

1.The rock-cut architecture represents one of the most important sources of our knowledge of early Indian art and history. Discuss. (GS 1, 2020)
2. Safeguarding the Indian Art Heritage is the need of the moment. Discuss. (GS 1, 2019)

 Source: The Indian Express

CAMPAIGNING IN THE NAME OF THE RELIGION 

 
 
 
1. Context 
 
The Bharatiya Janata Party (BJP) recently filed a complaint with the Election Commission of India (ECI) against Rahul Gandhi, alleging that his remarks on 'shakti' had hurt the sentiments of Hindus. In response, the Dravida Munnetra Kazhagam (DMK) lodged a counter-complaint against the Prime Minister, accusing him of appealing to religious sentiments during his campaign on the same issue.

2. Legal Provisions Regarding Electoral Practices in India

  • Under Section 123(3) of the Representation of the People Act, 1951 (RP Act), it is prohibited for a candidate, or anyone acting with a candidate's consent, to make appeals based on religion, race, caste, community, or language to influence voters or to refrain from voting. This is considered a corrupt electoral practice.
  • Furthermore, Section 123(3A) of the RP Act condemns any attempts by a candidate to incite feelings of enmity or hatred among citizens based on these grounds during election campaigns.
  • The RP Act also outlines penalties for those found guilty of corrupt electoral practices, which can include disqualification from contesting elections for a period of up to six years.

3. Provisions of the Model Code of Conduct (MCC)

  • The Model Code of Conduct (MCC) serves as a guideline for political parties and candidates during elections. It has evolved through consensus among political parties, who have agreed to adhere to its principles. The MCC mandates that parties and candidates must respect and follow it both in its literal wording and its intended meaning.
  • Enforced strictly since the 1990s, the MCC prohibits parties and candidates from engaging in activities that could exacerbate existing differences, foster mutual hatred, or create tensions among different caste, religious, or linguistic communities. It also prohibits any appeals to caste or communal sentiments to secure votes. Additionally, the MCC bars the use of mosques, churches, temples, or other places of worship for election propaganda.
  • While the MCC lacks statutory backing, its influence and effectiveness have grown significantly over the past three decades due to its rigorous enforcement by the Election Commission of India (ECI).
 

4. Historical Evolution and Instances of Violation

  • Before 1961, Section 123(3) of the Representation of the People Act (RP Act) outlined that a "systemic" appeal based on religion, race, caste, or community by a candidate would be considered a corrupt electoral practice. However, to combat communal, divisive, and separatist tendencies, the term "systemic" was removed through an amendment in 1961. This change meant that even an isolated appeal for electoral success based on religious or narrow communal affiliations would be disapproved by the law.
  • Throughout history, there have been numerous instances where political parties and their leaders have openly sought votes using religious appeals. Cases have been registered against leaders from various political backgrounds under the RP Act and the Indian Penal Code for such actions. However, notable convictions for corrupt electoral practices under Section 123(3) have been rare. One such prominent case was that of Bal Thackeray from Shiv Sena, who was convicted by the Supreme Court in 1995.
  • In response to such violations, the Election Commission of India (ECI) typically imposes temporary campaign bans ranging from two to three days on offending leaders for breaching the Model Code of Conduct (MCC).

 

5. Supreme Court's Ruling on Appeals for Votes Based on Religion

  • In the case of Abhiram Singh versus C. D. Commachen (2017), a seven-judge Bench of the Supreme Court delivered a significant ruling.
  • The majority decision, with a 4:3 majority, held that candidates are prohibited from appealing for votes not only based on their own religion but also based on the religion of the voters.
  • This ruling provided a "purposive interpretation" to Section 123(3) of the Representation of the People Act, moving beyond a literal reading to include any appeal made in the name of the religion of voters as a corrupt electoral practice.
  • The Supreme Court emphasized that elections to Parliament or State legislatures are secular processes and constitutional principles forbid the intertwining of religious considerations with the secular functions of the State.
  • The court underlined that religion should remain a matter of personal faith and should not be exploited for electoral gains.

 

6. Promoting Secular and Responsible Election Practices

  • In a democratic election process, political parties and candidates must address the legitimate concerns of citizens without resorting to appeals based on traits derived from religion, caste, community, or language.
  • While it's acceptable to acknowledge and address grievances, it must be done through appropriate policies and without compromising the secular fabric and unity of the nation.
  • Appeals made solely in the name of religion can further polarize our multi-religious society, leading to divisions rather than unity.
  • The use of places of worship for political canvassing and the endorsement of candidates by religious leaders are practices that should ideally be avoided.
  • Mixing politics and religion can be detrimental to the democratic process and the secular principles of the country.
  • The primary responsibility for maintaining ethical campaign practices lies with political party leaders and candidates.
  • Campaigning based on religious grounds not only disrupts the secular nature of our political system but also constitutes a clear violation of the law.
  • To ensure fair and ethical elections, the Election Commission of India (ECI) and the judiciary should devise swift mechanisms to take action against those who violate laws related to religious appeals in elections.
  • Strict enforcement and accountability mechanisms are necessary to uphold the integrity of our electoral processes and safeguard the secular and democratic values of the nation.
 
For Prelims: Election Commission of India, Representation of People Act,  Model Code of Conduct
For Mains: 
1. Discuss the legal provisions in India aimed at curbing corrupt electoral practices related to appeals based on religion, caste, race, or community during election campaigns. (250 Words)
2. Propose measures that the Election Commission of India (ECI) and the judiciary can adopt to effectively enforce laws and guidelines related to religious appeals in elections, emphasizing the need for swift and decisive action against violators. (250 Words)
 
 
Previous Year Questions
 
1. According to the Representation of the People Act, 1951, in the event of a person being elected to both houses of Parliament, he has to notify within ______ days in which house he intends to function. (Delhi Police Constable 2020) 
A. 22       B. 10        C.  20            D. 15
 
 
2. The Protection of Civil Rights Act, 1955 extends to (MPPSC 2018)
A. whole of India       
B. whole of India except the State of Jammu and Kashmir
C. Union Territories
D. only the- State of Jammu and Kashmir
 
 
3. Under the Protection of Civil Rights Act 1955, all offences are (MPPSC 2013)
A. Cognizable   B. Bailable   C. Compoundable   D.Punishment with imprisonment and fine both
 
4. The right to vote is in which article of the Indian Constitution? (Bihar Forest Guard 2019)
A. Article 322        B. Article 324      C. Article 326         D. Article 330
 
 
5. Right to vote and to be elected in India is a (UPSC 2017)
A. Fundamental Right     B.  Natural Right   C. Constitutional Right      D. Legal Right
 

6. Consider the following statements: (UPSC 2017)

  1. The Election Commission of India is a five-member body.
  2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
  3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only           (b) 2 only              (c) 2 and 3 only                (d) 3 only

 

7. The Voter Verifiable Paper Audit Trail (VVPAT) system was used for the first time by the Election Commission of India in (UPSC CAPF 2019) 

A. North Paravur Assembly Constituency, Kerala
B. Noksen Assembly Constituency, Nagaland
C. Mapusa Assembly Constituency, Goa
D. Nambol Assembly Constituency, Manipur

8. In which of the following options, Electronic Voting Machines were used for the first time during general elections all over India? (Rajasthan Police Constable 2020)

A. 2014      B. 1999         C. 2004        D. 2009

9. Which one of the following statements about 'personal liberty' is not correct? (UPSC CAPF 2021) 
A. State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
B. Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
C. Personal liberty can be secured by the judicial writ of Habeas Corpus.
D. The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.
 

10. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS 2018)

(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.

Which of the above statements are correct?

A. Only (A) and (B)             B. (A), (B), (C) and (D)   

C. Only (B), (C) and (D)       D. Only (A), (C) and (D)

 

Answers: 1-B, 2-A, 3-A, 4-C, 5-C, 6-D, 7-B, 8-C, 9-D, 10- B

Mains

1. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC 2022)

Source: The Hindu

DISTRICT ELECTION MANAGEMENT PLAN (DEMP)

 
 
 
1. Context 
 
The organization of elections has grown progressively intricate and multifaceted, demanding thorough planning and precise execution to guarantee a democratic, impartial, and all-encompassing electoral process. At the heart of this planning lies the District Election Management Plan (DEMP), a thorough document that employs data and analysis to facilitate the seamless execution of elections.
 
 
2. About the District Election Management Plan
 

The District Election Management Plan (DEMP) is a crucial document that plays a pivotal role in the smooth conduct of elections at the district level. The primary purpose of the DEMP is to ensure effective planning and coordination for all aspects of the electoral process within a district. It aims to facilitate the conduct of free, fair, and inclusive elections while adhering to legal and regulatory requirements.

Preparation and Execution of the District Election Management Plan (DEMP)

  • The District Election Management Plan (DEMP) is typically prepared at least six months before the tentative poll day, as per the guidelines of the Election Commission of India.
  • However, due to evolving circumstances and increased clarity after the election is officially notified, it is necessary to periodically revise and update the plan.
  • The execution of the DEMP is a collaborative effort that involves election officials, administrative authorities, law enforcement agencies, and other stakeholders.
  • Regular interactions and briefings are planned with political parties and media to apprise them of electoral rules and guidelines. This collaborative approach ensures that the electoral process is well-managed, transparent, and conducted in a free and fair manner.

 

3. Elements of the District Election Management Plan (DEMP)

District Profile: The DEMP starts with a district profile that includes

  • Political map delineating constituencies
  • Key demographic and infrastructure statistics
  • Brief overview of the district's administrative setup and socioeconomic features

Polling Station Management

  • Strategies to improve the availability and accessibility of polling stations
  • Ensuring essential facilities like ramps, electricity, lighting, water, toilets, and internet connectivity
  • Special provisions for voters with disabilities (PwD) and senior citizens, such as help desks, control rooms, home voting options, and advanced postal ballot voting for essential service personnel

Systematic Voters’ Education and Electoral Participation (SVEEP) Plan

  • Focuses on increasing electoral participation
  • Analyzes voter turnout data to identify areas with low turnout and tailors activities to address these issues
  • Includes social media campaigns, engagement with community and youth organizations, and awareness events leading up to the election day

Election Personnel Management

  • Planning, training, welfare, and deployment of election personnel
  • Creation of a poll personnel database, categorization by cadre, and assessment of personnel requirements
  • Strategies to address personnel gaps across various election roles
  • Coordination with district police for force deployment, including vulnerability mapping of polling stations
  • Training programs for election personnel on enforcing the Model Code of Conduct (MCC) and enhancing necessary skills and knowledge
4.  Management of Electronic Voting Machines (EVMs) in the District Election Management Plan (DEMP)
  • Material management is a critical aspect of the District Election Management Plan (DEMP), which includes the procurement of essential items such as indelible ink, seals, stamps, stationery, and statutory forms.
  • These items are categorized based on procurement levels (State/U.T. or district) with specific timelines, ranging from two-to-three weeks to four months before the election.
  • In addition to traditional election materials, the DEMP emphasizes the management of Electronic Voting Machines (EVMs) as a crucial component to uphold the integrity of the electoral process.

Key aspects related to EVM management in the DEMP include:

  • Secure Storage: Plans for secure storage facilities to ensure the safety and integrity of EVMs and Voter Verifiable Paper Audit Trails (VVPATs) before, during, and after elections.
  • Availability: Ensuring an adequate number of functional EVMs and VVPATs at polling stations to facilitate smooth voting operations.
  • Transportation: Detailed plans for the transportation of EVMs and VVPATs to and from polling stations, ensuring their timely and secure delivery.
  • Maintenance: Strategies for the regular maintenance and testing of EVMs and VVPATs to minimize technical issues and ensure their proper functioning during elections.

 

5. The Way Forward

The DEMP aims to enhance the voting experience by ensuring organized and accessible voting procedures for all citizens. Beyond elections, the approach of meticulous planning, collaboration, and transparency highlighted in the DEMP offers valuable lessons for broader governance practices. It underscores the importance of advanced planning, data-driven decision-making, and stakeholder collaboration in effectively addressing challenges in electoral management and governance.

 
For Prelims: District Election Management Plan, EVMs, VVPATs, Model Code of Conduct, 
For Mains: 
1. Discuss the significance of the District Election Management Plan (DEMP) in ensuring a smooth and inclusive electoral process at the district level, highlighting its key components and preparation timeline. (250 Words)
2. Discuss the challenges and solutions related to the management of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) outlined in the DEMP, highlighting aspects such as secure storage, availability, transportation, and maintenance. (250 Words)
 
 
Previous Year Questions

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

A. 1 and 2 only         B. 2 only      C. 2 and 3 only           D. 3 only

2. Consider the following statements : (UPSC 2021)

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only       B. 2 only       C. 1 and 3         D. 2 and 3

Answers: 1-D, 2-B

Mains

1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC 2018)

Source: The Hindu 

SEMICONDUCTOR

 
 
 
1. Context
 
Semiconductors influence nearly every facet of our lives. Many of the solutions to the 21st century’s most important crises — including artificial intelligence, electric vehicles, space exploration, and environmental monitoring — bank on a steady supply of advanced semiconductors
 
2. What are Semiconductors?
 

Semiconductors constitute a unique category of materials exhibiting electrical characteristics that blend those of conductors and insulators. Analogous to a faucet regulating water flow, semiconductors offer precise control over electric currents.

Among semiconductors, the transistor holds paramount importance. In the early stages of modern electronics, integrated circuits featured a mere four transistors, enabling basic arithmetic operations. Presently, single chips accommodate billions of transistors.

The intricate process of integrating numerous transistors onto a minuscule chip, comparable in size to a fingernail, demands meticulous precision akin to dividing a strand of human hair into a thousand segments, each with specific width, and further subdividing each segment into a hundred parts. Consequently, semiconductor fabrication necessitates cutting-edge technological and scientific expertise

3. How are Semiconductors made?

  • The process commences with an engineer meticulously selecting a silicon wafer as the base upon which the semiconductor will be constructed.
  • A dedicated team subjects the silicon, derived from sand, to an elaborate purification procedure to isolate it from other substances, resulting in an ultra-pure wafer with impurity levels as minimal as a few parts per billion.
  • This proportion is akin to an error margin of merely one centimeter when measuring the Earth's diameter.
  • Subsequently, the photolithography process ensues—a pivotal stage wherein the circuit pattern is etched onto the wafer.
  • The wafer is coated with a light-sensitive substance known as a photoresist. A mask is then positioned in front of the wafer, and light is directed onto it. The mask features small apertures corresponding to the circuit pattern.
  • Light passes through these apertures, eroding the underlying sections of the photoresist. Consequently, the photoresist on the wafer adopts the configuration of the transistor circuits.
  • After photolithography, engineers employ chemical and/or physical methods to eliminate the unetched portions of the photoresist, leaving the circuit's framework on the silicon substrate intact.
  • Next, they introduce impurities into specific areas of the semiconductor—a process known as doping—to modify its electrical properties deliberately.
  • Thin layers of materials such as metals or insulators are then deposited onto the wafer's surface to establish electrical connections or insulate components.
  • Subsequently, the resultant product undergoes packaging—individual chips are segregated, encapsulated, and subjected to testing to ensure functionality and reliability—before integration into the electronic device
4. Semiconductor Fabrication
 
  • Every stage of semiconductor production necessitates exceptionally precise techniques and draws upon a variety of scientific principles. For instance, in crafting cutting-edge transistors, the photolithography process demands a light source emitting electromagnetic radiation with a wavelength of 13.5 nm.
  • To achieve this, the High NA EUV machine developed by the Dutch company ASML employs a unique method: a cannon propels a 50-micrometer droplet of liquid tin at 300 km/hr through a vacuum chamber, where laser beams impart sufficient energy to generate a plasma emitting the required wavelength of radiation.
  • Semiconductor manufacturing is characterized by specialization, resulting in an oligopoly dominated by companies specializing in specific areas. ASML, originally a spin-off of Philips, holds a monopoly on photolithography machines essential for cutting-edge semiconductor production worldwide.
  • In the realm of software tools for circuit design, American firms Synopsys and Cadence reign supreme, while Japan's Shin Etsu leads in silicon wafer production.
  • Taiwan's TSMC leads the market in fabrication, utilizing equipment from U.S.-based Applied Materials and Lam Research. The bulk of intellectual property rights are owned by the British company Arm.
  • India plays a significant role in chip design, particularly centered in Bengaluru. However, ownership of most intellectual property rights necessary for executing these designs lies with parent companies or with Arm, relegating India to a consumer rather than a proprietor of these products.
  • This dynamic mirrors the business model of McDonald's: while India may host numerous McDonald's outlets, the recipe and supply chain are controlled by a parent company headquartered elsewhere
5. Benefits of Semiconductors
 
  • Smartphones and computers epitomize the apex of semiconductor technology, yet the impact of semiconductors permeates nearly every aspect of daily life. These components power not only the sophisticated functions of electronic devices but also enable the operation of "smart" air conditioners for temperature regulation and facilitate space telescopes in capturing both captivating and scientifically significant images from the depths of the universe, among various other applications.
  • The solutions to many of the pivotal challenges of the 21st century, encompassing realms such as artificial intelligence, electric vehicles, space exploration, robotics, personalized healthcare, and environmental monitoring, hinge upon a reliable supply of advanced semiconductors. This underscores their critical importance for humanity's survival and pursuit of fairness, sustainability, and justice.
  • The establishments dedicated to semiconductor technology not only foster innovation and generate high-income employment opportunities but also cultivate the potential for startups specializing in cutting-edge technologies.
  • Furthermore, they contribute to and benefit from advancements in fields such as materials science, computer engineering, big data, optics, chemical engineering, and chip design, among others.
  • Given their significance in sectors like defense and automotive industries, semiconductors have become focal points of geopolitical interest. Countries vie to establish semiconductor fabrication facilities domestically, offering various incentives to attract industry leaders. Notably, the United States has imposed sanctions on Chinese technology companies, including bans on acquiring advanced ASML equipment and high-end design software, citing similar reasons.
  • In response, China has intensified efforts to bolster its domestic semiconductor production capabilities to meet internal demand.
  • India, on the other hand, has been leveraging its expertise in design to establish semiconductor manufacturing plants domestically. It is hoped that this strategic initiative, coupled with the potential for continued innovation and collaboration, will enhance India's position in the semiconductor industry
6. Way Forward
 
While the physical realm of human activity contains an array of languages, the digital realm is founded on just one fundamental binary language: the 1s and 0s, also called the bits of data. Computers represent these bits as electrical signals and this forms the foundation of modern computing, communication, social media, robotics, and artificial intelligence. The 0s and 1s constantly shape the way we interact with technology and with each other — and the beating heart of this binary revolution is the semiconductor device
 
 
For Prelims: Semiconductor, intellectual property rights, India Semiconductor Mission, Semicon India Program
For Mains: 
1. Discuss the potential of India's semiconductor industry to reduce the country's dependence on imported chips and contribute to the "Make in India" initiative. (250 Words)
 
 
Source: The Hindu

PHONE TAPPING

 
 
 
1. Context
 Two more senior police officials have been arrested by Hyderabad Police in connection with the case of phone tapping and destroying certain computer systems and official data
 
2. How are phones tapped in India?
 
During the era of landline telephones, mechanical exchanges were employed to connect circuits and route audio signals during calls. With the transition to digital exchanges, tapping evolved to be conducted through computers.
In contemporary times, where the majority of communications occur via mobile phones, authorities submit requests to the service provider. These providers are legally obligated to record conversations associated with the specified number and furnish them in real-time through a connected computer system
Phone tapping in India falls under the purview of the Indian Telegraph Act of 1885, which grants the government the authority to intercept phone communications under specific circumstances.
 
Here's how phone tapping is typically conducted in India:
  • Phone tapping can only be carried out with proper legal authorization. This typically involves obtaining a warrant from designated authorities, such as the Home Secretary or the Union Home Ministry, under specific conditions outlined in the law. These conditions usually involve national security concerns, threats to public order, or in the interest of preventing a crime
  • Once authorized, government agencies such as law enforcement or intelligence agencies liaise with telecom service providers (TSPs) to facilitate the interception. TSPs are required to cooperate with government agencies in providing access to the targeted communication channels
  • TSPs use specialised equipment to tap into phone conversations or data transmissions. This can involve the installation of intercepting devices at various points within the telecommunications infrastructure, allowing for the monitoring of phone calls, text messages, and Internet communications
  • Once intercepted, the communications are typically monitored and analyzed by designated personnel within the relevant government agencies. This may involve listening to phone calls, reading text messages, or analyzing internet traffic to gather intelligence or evidence related to the authorized investigation
  • There are legal safeguards in place to prevent abuse of phone tapping powers. The intercepted communications must be used strictly for the purposes authorized by the warrant, and there are provisions for judicial oversight to ensure compliance with legal procedures and protection of individual rights to privacy
 
Who Can Tap Phones?
 
In various states, police possess the authority to conduct phone tapping. At the national level, ten agencies are empowered to carry out such actions: the Intelligence Bureau, Central Bureau of Investigation (CBI), Enforcement Directorate, Narcotics Control Bureau, Central Board of Direct Taxes, Directorate of Revenue Intelligence, National Investigation Agency, Research and Analysis Wing (RAW), Directorate of Signal Intelligence, and the Delhi Police Commissioner. Any phone tapping conducted by unauthorized agencies is deemed unlawful. The regulations governing phone tapping in India are outlined in the Indian Telegraph Act of 1885
 
 
3. Who authorises phone tapping?
 
  • Section 5(2) of the Indian Telegraph Act of 1885 stipulates that phone tapping can be authorized by the Centre or states in cases of public emergencies or for public safety reasons, provided it is deemed necessary for maintaining public safety, national sovereignty, integrity, security, friendly relations with foreign states, public order, or preventing incitement to commit offenses.
  • However, there is an exemption for the press, stating that press messages intended for publication in India from accredited correspondents to the Central or State Governments shall not be intercepted or detained unless specifically prohibited. The competent authority must document the reasons for phone tapping in writing.
  • According to Rule 419A of the Indian Telegraph (Amendment) Rules, 2007, phone tapping orders can only be issued by designated government officials. Orders from the Government of India are issued by the Secretary to the Ministry of Home Affairs, while those from State Governments are issued by the Secretary in charge of the Home Department. These orders must be conveyed in writing to the service provider before phone tapping can commence.
  • In exceptional circumstances, such as remote areas or operational urgencies, an authorized officer, not below the rank of a Joint Secretary to the Government of India or the State Home Secretary, may issue an order. However, in such cases, the interception must be promptly reported to the competent authority, which must approve or disapprove it within seven working days. If confirmation is not received within this period, the interception must cease.
  • The duration of interception orders does not exceed 60 days unless renewed, up to a maximum of 180 days. Orders must contain reasons, and copies are forwarded to a review committee within seven days. This committee, chaired by the Cabinet Secretary at the Centre or the Chief Secretary in states, reviews interception requests regularly.
  • Records related to interception orders are destroyed every six months unless required for functional purposes, and service providers are required to destroy interception-related records within two months of discontinuation. Multiple provisions aim to maintain transparency and accountability throughout the process.
  • Service providers are responsible for ensuring no unauthorized interception occurs, with strict penalties, including fines or license revocation, for non-compliance. They must implement internal checks to maintain extreme secrecy and prevent unauthorized interception by their employees
4. Indian Telegraph Act, 1885-Historical Background
 

The Indian Telegraph Act of 1885 holds significant historical importance in the context of India's telecommunications landscape.

Here's a brief overview of its historical background:

  • Colonial Era: The Act was enacted during British colonial rule in India. It was a time when telegraphy was rapidly advancing globally and played a crucial role in communication and administration. The British colonial government in India recognized the importance of regulating telegraph services to maintain control and facilitate efficient communication across the vast territories of the Indian subcontinent.

  • Consolidation of Telegraph Services: Prior to the enactment of the Indian Telegraph Act, telegraph services in India were managed by various private companies and government departments. The Act aimed to consolidate and regulate these services under a unified legal framework, providing the colonial government with the authority to oversee and manage telegraph communication effectively.

  • Expansion of Telegraph Network: The late 19th century witnessed significant expansion in India's telegraph network, connecting major cities, towns, and administrative centers across the country. The Indian Telegraph Act provided the legal framework necessary for the establishment, operation, and maintenance of telegraph lines, stations, and equipment throughout British India.

  • Regulation of Communication: The Act empowered the colonial government to regulate telegraph communication in India. It outlined provisions for issuing licenses, collecting fees, and enforcing regulations related to telegraphy. This regulatory framework played a crucial role in ensuring the smooth functioning of telegraph services and maintaining security and order in the colonial administration.

  • Adaptation and Amendments: Over the years, the Indian Telegraph Act has undergone several amendments to keep pace with technological advancements and evolving communication needs. Subsequent amendments have expanded the scope of the Act to encompass new technologies such as telephone, internet, and digital communication, while also addressing emerging challenges related to privacy, security, and surveillance

 
5. Reforms needed or Revoking the Indian Telegraph Act 1885?
 

The question of whether reforms are needed or if the Indian Telegraph Act of 1885 should be revoked entirely is a complex one, and it depends on various factors, including evolving technological advancements, legal considerations, and societal needs.

Here are some perspectives to consider:

  • Reforms within the Act: The Indian Telegraph Act, despite its age, has been subject to numerous amendments over the years to accommodate changes in technology and communication practices. Reforms within the Act could focus on updating its provisions to reflect contemporary challenges such as digital communication, cybersecurity, and privacy concerns. This might involve clarifying and strengthening provisions related to data protection, surveillance, and lawful interception while safeguarding individual rights and freedoms.

  • Modernization of Telecommunication Laws: Rather than revoking the Indian Telegraph Act outright, there could be a push for broader reforms aimed at modernizing telecommunication laws in India. This could involve drafting comprehensive legislation that addresses not only telegraphy but also other forms of communication such as telephone, internet, and digital platforms. Such legislation could provide a more coherent and adaptive framework for regulating modern communication technologies while upholding fundamental rights and principles.

  • Enhanced Oversight and Accountability: Regardless of whether the Indian Telegraph Act is retained or replaced, there is a need for enhanced oversight and accountability mechanisms to ensure that any surveillance or interception activities conducted by authorities comply with legal standards and respect individual privacy rights. This could involve establishing independent oversight bodies or strengthening existing mechanisms for judicial review and transparency in surveillance practices.

  • Public Consultation and Stakeholder Engagement: Any reforms to telecommunication laws, including the Indian Telegraph Act, should involve meaningful public consultation and engagement with relevant stakeholders, including civil society organizations, legal experts, technologists, and industry representatives. This would help ensure that any proposed changes reflect diverse perspectives and address the needs and concerns of all stakeholders.

  • International Best Practices: In considering reforms to telecommunication laws, policymakers could also look to international best practices and standards for guidance. Studying the approaches adopted by other countries in regulating communication technologies and balancing security needs with individual rights could provide valuable insights for reform efforts in India

 
6. Legality of Phone Tapping and Article 21 of the Indian Constitution
 

The legality of phone tapping in India must be considered within the framework of constitutional provisions, particularly Article 21 of the Indian Constitution, which guarantees the fundamental right to privacy and personal liberty. Here's an overview of how Article 21 relates to the legality of phone tapping:

  • Article 21 - Right to Privacy and Personal Liberty: Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law." This provision is interpreted to encompass the right to privacy, which includes the right to confidentiality of communications.

  • Scope of Article 21 in the Context of Phone Tapping: Phone tapping involves the interception of private communications, which directly implicates the right to privacy protected under Article 21. Individuals have a reasonable expectation of privacy in their communications, and any intrusion into this privacy must be justified by law and meet certain procedural safeguards.

  • Legal Framework for Phone Tapping: The Indian Telegraph Act of 1885, along with subsequent amendments and rules, provides the legal framework for phone tapping in India. Section 5(2) of the Act allows for phone tapping in specific circumstances, such as public emergencies or in the interest of public safety, subject to procedural safeguards and oversight.

  • Constitutional Validity of Phone Tapping: The Supreme Court of India has upheld the constitutionality of phone tapping in certain circumstances, provided it is carried out in accordance with law and procedural safeguards. In the landmark case of K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the right to privacy as a fundamental right under Article 21 and emphasized the need for strict adherence to legal requirements and safeguards in cases involving intrusion into privacy, including phone tapping.

  • Procedural Safeguards and Judicial Oversight: To ensure the legality of phone tapping, it must be authorized by competent authorities under the Indian Telegraph Act, and specific procedural safeguards must be followed. This includes obtaining prior authorization from designated officials, recording reasons for phone tapping, and judicial oversight to prevent abuse of power.

  • Balancing Privacy and State Interests: While Article 21 protects the right to privacy, it also allows for reasonable restrictions on this right in the interest of state security, public order, and preventing crime. The legality of phone tapping depends on striking a balance between individual privacy rights and legitimate state interests, with the requirement that any intrusion into privacy be proportionate, necessary, and authorized by law

7. Way Forward
 
While phone tapping is permissible under Indian law in certain circumstances, it must comply with constitutional principles, including the right to privacy enshrined in Article 21. Strict adherence to legal requirements, procedural safeguards, and judicial oversight is essential to ensure the legality and constitutionality of phone-tapping activities in India
 
 
For Prelims: Indian Polity and Governance
For Mains: General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
 
 
 
Source: Indianexpress
 

Share to Social