PESA ACT
1. Context
Aam Aadmi Party (AAP) leader Arvind Kejriwal on Sunday (August 7) declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act)
2. Background for PESA Act
- The PESA Act was enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas”. (Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to Municipalities and Cooperative Societies.)
- Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule provides for a range of special provisions for these areas
3. Provisions of the PESA Act
- The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
- It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources
- In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.
- This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, managing local markets, preventing land alienation and regulating intoxicants among other things.
- State governments are expected to amend their respective Panchayati Raj Acts without making any law that would be inconsistent with the mandate of PESA
- Ten states-Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana have notified Fifth Schedule areas that cover (partially or fully) several districts in each of these states
- After the PESA Act was enacted, the central Ministry of Panchayati Raj circulated model PESA Rules. So far, six states have notified these Rules, including Gujarat
4.Key features of PESA Act
Key features of the PESA Act include:
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Local Self-Governance: The Act grants tribal communities in Scheduled Areas the power to manage their own local affairs through traditional institutions such as Gram Sabhas and Panchayats.
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Customary Laws: PESA recognizes and respects the traditional customs, cultural practices, and community traditions of the tribal population. It empowers Gram Sabhas to decide on matters related to social customs, land management, and disputes resolution.
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Land and Resources: The Act provides for the ownership of minor forest produce and minerals by the tribal communities, giving them control over local resources. It also emphasizes the role of Gram Sabhas in granting permission for prospecting or mining operations.
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Consultation: Any development project or plan that affects the interests of the tribal community should be discussed with and approved by the Gram Sabhas.
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Village Councils: PESA mandates the establishment of a Gram Sabha, which is a village council consisting of all adult members of the village. This council plays a key role in decision-making regarding local development and administration.
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Protective Measures: The Act aims to prevent the exploitation and alienation of tribal communities by ensuring that their rights are protected during land acquisition, relocation, and development processes.
5. Gujarat Issue
Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state
However, while the provisions of the law deem the Gram Sabhas as “most competent” to deal with matters related to their territories for safeguarding their customs, traditions as well as the natural resources in the tribal areas, the Act has not been enforced in letter and spirit, legal experts say
Advocate Bhushan Oza, who has been representing tribal groups in their petitions pending before authorities and courts with respect to the tribal rights, says that the implementation of the Act is in contrast to what it promises
5. Way forward
The PESA Act was enacted to address the specific needs and concerns of tribal communities living in Scheduled Areas, recognizing their unique cultural, social, and economic contexts. It seeks to empower these communities to participate in the governance and development of their own regions while safeguarding their rights and traditional way of life
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For Prelims: PESA Act 1966, Panchayat and Municipilities, 73 & 74 Amendments of Indian Constitution
For Mains: 1.Examine the role of Gram Sabhas under the Panchayats (Extension to Scheduled Areas) Act, 1996. How do these institutions contribute to decision-making, resource management, and cultural preservation in tribal regions? Analyze the impact of Gram Sabha empowerment on tribal communities' governance and development
2.Critically assess the effectiveness of the PESA Act in safeguarding tribal land and resources. Explore the conflicts and complexities that arise between traditional tribal land rights and the development aspirations of the nation. Provide examples of cases where the Act has played a pivotal role in addressing such conflicts.
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Previous Year Questions
1. Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1966 (PESA) (UPSC CAPF 2018)
A. Extends greater say to local tribe community over common resources
B.Provides greater devolution of powers to Scheduled Tribes
C.Extends Provisions of 73rd Constitutional Amendment to Scheduled Areas
D. Bring Scheduled Areas under the better control of Local Panchayats
Answer (C)
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Source: indianexpress
LIQUEFIED PETROLEUM GAS (LPG)
1. Context
Oil marketing companies have raised the price of liquefied petroleum gas (LPG) by Rs 50 per 14.2 kg cylinder in the first hike since October, as international crude prices have surged due to the war in Ukraine. Over 70 per cent of households are estimated to use LPG as their primary cooking fuel and 85 per cent have LPG connections. The hike in prices will impact household inflation expectations, and could further hit subdued consumption sentiment.
2. Global Oil Prices
- The price of LPG has been rising since November 2020; a 14.2 kg cylinder in Delhi now costs Rs 949 -Rs 355 or nearly 60 per cent costlier
- A steady increase in crude prices due to the recovery in demand following the easing of Covid restrictions, slow restoration of production by oil exporters, and the Russia-Ukraine war have contributed to rising prices
- The price of India’s crude oil basket has risen from $41 per barrel in November 2020 to $115.4 as on March 23, 2022
- The government had stopped subsidies on LPG cylinders for most consumers in May 2020, adding to the price burden on consumers
- Due to high inland freight costs, the government now provides subsidies only through its direct benefit transfer scheme to customers in remote areas
3. PNG and CNG Prices
Rising international gas prices have also impacted the price of piped natural gas (PNG) and compressed natural gas (CNG) supplied by city gas distribution companies, as they source imported natural gas in addition to domestically produced natural gas to meet demand
Prices of PNG and CNG are expected to rise further post the next price revision of domestically produced natural gas, which is set to come into effect for a six-month period starting April 1 2023
4. LPG dependence
- LPG is the primary cooking fuel in more than 70 per cent of Indian households, and 85 per cent of households have LPG connections, according to an independent study released by the Council on Energy, Environment and Water (CEEW)
- However, 54 per cent of households continue to use traditional solid fuels such as firewood, dung cakes, agriculture residue, charcoal, and kerosene, either exclusively or with LPG increasing the exposure to indoor air pollution
- The CEEW findings are from the India Residential Energy Survey 2020, conducted in collaboration with the Initiative for Sustainable Energy Policy in FY 19-20 in nearly 15,000 urban and rural households across 152 districts in 21 most populous states
5. Future Inflation
Inflation expectations in India have been sticky as households take time in believing that a high inflation phase is ebbing. Quantitative inflation expectations in India are formed based on households’ experiences of food and fuel inflation, according to a January 2022 RBI working paper titled Taking Cognisance of Households’ Inflation Expectations in India
Households’ median inflation perceptions for the current period moderated sequentially by 70 basis points to 9.7 per cent in January in the latest round of survey conducted by the RBI. But the current period perception is still higher than the perceptions recorded in the same period a year ago
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For Prelims: Exports, Imports, Inflation, Minimum Support Price
For Mains: 1.Examine the impact of international trade agreements on India's rice exports. Discuss the role of organizations such as the World Trade Organization (WTO) and regional trade agreements in shaping India's rice export policies. Analyze how these agreements have influenced the growth, diversification, and sustainability of India's rice export market.
2.Evaluate the significance of Basmati rice in India's agricultural exports. Elaborate on the economic, cultural, and geopolitical factors that have contributed to the prominence of Basmati rice in India's export portfolio. Discuss the challenges and opportunities associated with the production and international trade of this premium rice variety
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Previous Year Questions
1.Consider the following statements: (UPSC CSE 2020)
Which of the statements given above is/are correct? (a) 1 only Answer: (d) 2.With reference to Indian economy, demand-pull inflation can be caused/increased by which of the following? (UPSC CSE 2021)
Select the correct answer using the code given below: (a) 1, 2 and 4 only Answer: (a) 3. Consider the following statements: (2020)
Which of the statements given above is/are correct? (a) 1 and 2 only Answer: (a) |
Source: indianexpress
RICE EXPORTS
1. Context
In a move to check domestic rice prices and ensure domestic food security, the Indian government has prohibited the export of white rice, levied a 20% export duty on par-boiled rice
2. Rice Production export
- According to the Third Advance Estimates of Production of Major Crops for 2022-23 released by the Department of Agriculture and Farmers Welfare, the total production of rice in India is estimated to be 158.95 lakh metric tonnes (LMT) against 184.71 lakh tonnes during rabi 2021-22.
- The production of rice in the Kharif season is estimated to be 384.05 lakh tonnes, while the production in the Kharif season is estimated to be 367.83 lakh tonnes in the last year
- The major states contributing to the production of rice are West Bengal, Uttar Pradesh, Punjab, Andhra Pradesh, and Odisha
- The increase in the production of rice is due to a number of factors, including favorable weather conditions, good agricultural practices, and government interventions such as the Pradhan Mantri Fasal Bima Yojana (PMFBY). The PMFBY is a crop insurance scheme that provides financial assistance to farmers in case of crop failure due to natural calamities
3. Rice Exports of India
- India is the world's largest exporter of rice, accounting for about 45% of global rice exports in 2022. In 2022-23, India exported a record 22.3 million metric tonnes of rice worth $9.66 billion.
- The major destinations for Indian rice exports are Bangladesh, Vietnam, the Philippines, Malaysia, and Indonesia
- However, on July 20, 2023, India imposed a ban on the export of non-basmati rice, which accounts for about 10 million tonnes of India's annual rice exports. The ban was imposed to control rising domestic prices of rice and ensure adequate availability of rice for the domestic market
- The ban on non-basmati rice exports is likely to have a significant impact on the global rice market.
- It is expected to push up global rice prices and disrupt the supply chain for rice. The ban is also likely to benefit other major rice exporters such as Thailand, Vietnam, and Pakistan
- The Indian government has said that the ban on non-basmati rice exports will be reviewed periodically based on the domestic rice market situation. It is possible that the ban may be lifted if the domestic rice prices come down.
4. Minimum Support Price for Rice
- The minimum support price (MSP) for paddy in India for the marketing season 2022-23 is Rs. 2040 per quintal for common paddy and Rs. 2060 per quintal for grade A paddy. The MSP is announced by the government of India every year to ensure that farmers get a fair price for their produce.
- The MSP is fixed at a level that is at least 50% above the all-India weighted average cost of production. This is to ensure that farmers get a reasonable return on their investment and are not forced to sell their produce at a loss.
- The MSP is also used by the government to procure paddy from farmers for the public distribution system (PDS). The PDS is a government program that provides subsidized foodgrains to the poor and vulnerable sections of the population.
5. Basmati Rice Production
India is the world's largest producer of basmati rice, accounting for over 70% of the world's production. The other major producers of basmati rice are Pakistan, Iran, and Thailand.
The total production of basmati rice in India in 2022-23 is estimated to be 5.609 million tonnes. The major states producing basmati rice in India are Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, and Jammu and Kashmir
The export of basmati rice from India is a major contributor to the country's foreign exchange earnings. In 2022-23, India exported 4.559 million tonnes of basmati rice worth $3.852 billion. The major destinations for Indian basmati rice exports are Saudi Arabia, Iran, UAE, and Yemen.
The production of basmati rice in India is expected to remain stable in the coming years. However, the export of basmati rice may be affected by a number of factors, including the global economic situation, the trade policies of other countries, and the weather conditions in India.
The ban on non-basmati rice exports is likely to have a significant impact on the global rice market. It is expected to push up global rice prices and disrupt the supply chain for rice. The ban is also likely to benefit other major rice exporters such as Thailand, Vietnam, and Pakistan.
The Indian government has said that the ban on non-basmati rice exports will be reviewed periodically based on the domestic rice market situation. It is possible that the ban may be lifted if the domestic rice prices come down.
Here are some of the reasons why India imposed a ban on non-basmati rice exports:
- Rising domestic prices of rice: The prices of rice have been rising in India in recent months due to a number of factors, including a decline in production, increased demand, and speculation in the market. The ban on non-basmati rice exports is an attempt by the government to control rising domestic prices of rice.
- Ensure adequate availability of rice for the domestic market: India is a major rice-consuming country and the government is concerned about ensuring adequate availability of rice for the domestic market. The ban on non-basmati rice exports is an attempt to ensure that there is enough rice available for the domestic market.
- Protect the interests of farmers: The government is also concerned about protecting the interests of farmers. The ban on non-basmati rice exports is an attempt to ensure that farmers get a fair price for their produce.
6. Way forward
The ban on non-basmati rice exports is a complex issue with both pros and cons. It is important to weigh all the factors involved before making a judgment about the ban.
Despite these challenges, the production of basmati rice in India is expected to remain stable in the coming years. The government of India is taking steps to address the challenges to the production of basmati rice, such as providing subsidies to farmers, promoting the use of modern agricultural practices, and developing new varieties of basmati rice that are resistant to pests and diseases.
Source: The Hindu
CLIMATE FINANCE
1. Context
The figure of $100 billion for projects in developing nations, which was arrived at about 13-14 years ago had no basis and is devoid of any logic. In fact, when it was estimated, at that time too, it was too small vis-à-vis the need. For the past 10 years or so, there has been too much debate on this figure and the developing world has been lamenting that this meagre amount of $100 billion per year is not forthcoming from the developed world
2. Climate Finance:
- Climate finance(CF) refers to local, national/transnational financing, drawn from public, private & alternative sources of financing that seek to support mitigation & adaptation actions that will address climate change.
- The Convention, Kyoto Protocol, and the Paris Agreement calls for financial assistance from Parties with more financial resources to those that are less endowed & more vulnerable.
- Climate finance is needed for mitigation because large-scale investments are required to reduce emissions.
- CF is important for adaptation, as financial resources are needed to adapt to the adverse effects & reduce the impacts of changing climate.
- Developed country parties should provide financial resources to assist developing country parties in implementing the objectives of the UNFCCC.
- The Paris Agreement reaffirms the obligations of developed countries while encouraging voluntary contributions by other parties.
- Developed country parties should take the lead in mobilizing climate finance from a wide variety of sources, noting the role of public funds, and taking into account the needs of developing country parties.
- It is important for all governments & stakeholders to understand the financial needs of developing countries, to understand & assess the financial needs of developing countries & to mobilize these financial resources.
- Provision of resources should aim to achieve a balance between adaptation & mitigation.
- Efforts under the Paris Agreement are guided by its aim of making finance flows consistent with a pathway towards low GHG emissions & climate-resilient development.
- The Paris Agreement emphasizes the transparency & enhanced predictability of financial support.
3. Financial Mechanism:
- The Convention established a financial mechanism to provide financial resources to developing country Parties.
- The financial mechanism serves the Kyoto Protocol & the Paris Agreement.
- The convention states that the operation of the financial mechanism can be entrusted to one/more existing international entities.
- The Global Environment Facility(GEF) served as an operating entity of the financial mechanism since the Convention's entry into force in 1994.
- In 2010, Parties established the Green Climate Fund (GCF) & in 2011 designated it as an operating entity of the financial mechanism.
- The financial mechanism is accountable to the COP, which decides its policies, programme priorities, and eligibility criteria for funding.
- In addition to GEF & GCF, Parties have established two special funds-the Special Climate Change Fund (SCCF), the Least Developed Countries Fund(LDCF), and the Adaptation Fund(AF) established under the Kyoto Protocol in 2001.
- Regarding AF serving the Paris Agreement negotiations are underway in the Ad hoc Working Group on the Paris Agreement(APA).
4. Standing Committee:
- In 2010, the Parties decided to establish the Standing Committee on Finance (SCF) to assist the COP in exercising its functions regarding the financial mechanism of the Convention.
- The SCF has four main functions:
- Assisting the COP in improving coherence & coordination in the delivery of climate change financing,
- Assisting the COP in the rationalization of the financial mechanism of the UNFCCC,
- Supporting the COP in the mobilization of financial resources for climate financing,
- Supporting the COP in the measurement, reporting & verification of support provided to developing country parties.
- The SCF is designated to improve the linkages & to promote the coordination with climate finance-related actors & initiatives both within & outside of the Convention.
- At the Paris Conference in 2015, the Parties decided that the SCF shall also serve the Paris Agreement.
5. Long-term Climate Finance:
- The long-term finance process is aimed at progressing on the mobilization & scaling up of climate finance of resources originating from a wide variety of sources, public & private, bilateral & multilateral, including alternative sources.
- The COP decided on the following activities through to 2020:
Organization by the secretariat of annual in-session workshops; developed countries providing, on a biennial basis, information on strategies & approaches for scaling up climate finance, convening of biennial high-level ministerial dialogue on climate finance.
- In the context of meaningful mitigation actions & transparency on implementation, a goal of mobilizing jointly USD 100 billion per year to address the needs of developing countries.
- While adopting the Paris Agreement, Parties confirmed this goal and called for a concrete road map to achieve the goal by 2020.
- They also agreed that before 2025 the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement shall set a new collective quantified goal from a floor of USD 100 Billion per year.
6. Finance Portal:
- The UNFCCC website includes a Climate finance data portal with helpful explanations, graphics, and figures for a better understanding of the climate finance process.
- The finance portal comprises three modules, each of which includes information made available by Parties & operating entities of the financial mechanism.
- The first module, National Communications Module, presents information communicated by contributing countries on the provision of financial resources, in the context of regular reporting to the convention.
- The second module, the Fast-start Finance Module, includes information on resources provided by developed countries in the context of their commitment to providing USD 30 Billion during 2010-12.
- The third module, on Funds Managed by the GEF is a joint effort between the secretariat of the UNFCCC & the GEF
- Additionally, information on projects & programmes of the Adaptation Fund can be found in the finance portal.
- This fund was established under the Kyoto Protocol to finance concrete adaptation projects & programmes in developing countries that are Parties to the Kyoto Protocol.
Source: indianexpress
BASIC STRUCTURE OF INDIAN CONSTITUTION
1. Context
The Basic Structure Doctrine emerged from the Kesavananda Bharati judgment of the Supreme Court, delivered by a majority of 7:6 on April 24, 1973
2. What is the Basic Structure Doctrine?
- The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
- The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.
- If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
- The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself.
3. Evolution of Basic Structure Doctrine
3.1 Shankari Prasad Case, 1951
- SC opined that the power of the parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights.
- It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and not constitutional amendment acts.
3.2 Golaknath Case, 1967
- SC overruled its judgment. It ruled in this that- Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot abridge or take away any of these rights.
- It opined the constitutional amendment act is also a law under Art 13.
- Parliament reacted to this judgment by enacting 24th amendment act which included a provision in Art 368 which declared that Parliament has power to take away any of the fundamental rights.
3.3 Keshavananda Bharati Case, 1973
SC overruled its judgment in the Golaknath case. It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of the FRs. However, such changes should not alter the ‘basic structure’ of the constitution.
3.4 42nd CAA 1976
Amended Art. 368-no limitation on the constituent power of Parliament. Any amendment cannot be questioned in any court on any ground.
3.5 Minerva Mills Case, 1980
Parliament reacted to the above case by enacting 42nd amendment act which declared under article 368 that there is no limitation on the constituent power of Parliament and it barred the courts from questioning such amendments. This provision was invalidated by the SC stating that Parliament cannot take away the ‘judicial review’ power of the constitution since it is part of the ‘basic structure of the doctrine’.
3.6 Waman Rao Case, 1981
SC clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case) (Including 9th schedule).
4. Basic Features of Indian Constitution
In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.
- the supremacy of the Constitution,
- the rule of law,
- Independence of the judiciary,
- doctrine of separation of powers,
- sovereign democratic republic,
- the parliamentary system of government,
- the principle of free and fair elections,
- welfare state, etc.
5. Significance of Basic Structure
- The basic structure doctrine is a testimony to the theory of Constitutionalism to prevent the damage to essence of COI by brute majority of the ruling majority.
- The basic doctrine saved the Indian democracy as it acts as a limitation of constituent power or else unlimited power of parliament might have turned India into a totalitarian.
- It helps us to retain the basic tenets of our constitution so meticulously framed by the founding fathers of our Constitution.
- It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
- By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule.
- Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.
For Prelims & Mains
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For Prelims: Doctrine of Basic Structure, Shankari Prasad Case, Golaknath Case,
Keshavananda Bharati Case, 42nd CAA 1976, Minerva Mills Case, Waman Rao Case, 1981, 9th Schedule, Article 368.
For Mains: 1. What is the Basic Structure Doctrine? Explain the evolution and significance of Basic Structure Doctrine?
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Previous Year Questions
1.Consider the following statements: (UPSC CSE GS1, 2020)
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 1.“Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (UPSC GS2, 2019)
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Source: The Indian Express
