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DAILY CURRENT AFFAIRS, 28 SEPTEMBER 2023

CENTRAL CIVIL SERVICES (CCS)

1. Context

Recently, Senior IAS officer Sanjeev Khirwar and his wife Rinku Dugga, who is also a senior IAS officer, were transferred from their posts in Delhi to two different places.
 

2. About the Central Civil Services

  • There are three All India Services Indian Administrative Service, the Indian Police Service and the Indian Forest Service which are selected by the Central government with officers allotted to various state cadres.
  • The Centre then gets a certain percentage of officers from each state on central deputation.
  • These bureaucrats work directly for the Centre. All India Services are governed by Article 312 of the Constitution of India.
  • Other services are called Central Civil Services. These services are under the central government itself with no state cadre system.
  • They include services such as the  Indian Foreign Service, the Indian Revenue Service, Customs and Central Excise Service and Several others.

3. AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964

  • There are two sets of rules for civil servants one for All India Services and the other for Central Civil Services.
  • Specially designed Conduct Rules govern an officer's behaviour and conduct.
  • The AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964 are mostly similar.
  • These were framed based on recommendations from a committee constituted by then Minister of Home Affairs Lal Bahadur Shashtri in 1962.
  • This Committee on Prevention of Corruption was headed by K Santhanam, a Member of the Rajya Sabha.
3.1. Conduct Rules and Its Broad Application
  • The Conduct Rules cover a wide range of issues, from the ambiguous idea of personal integrity to more specific actions.
  • For instance, Rule 3 (1) states that "Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.
  • This rule is purposefully vague and can be applied to individuals in cases of any kind of wrongdoing, even if the allegations are not covered under any more specific rules.
  • For example, while the promotion of casteism is not covered under any specific Conduct Rules, casteist behaviour can be interpreted as "unbecoming of a member of the Service" under Rule 3 (1).
  • On the other hand, Rule 4(1) of the AIS Conduct Rules is more specific.
  • It states, "No member of the Service shall use his position or influence directly or indirectly to secure employment for any member of his family with any private undertaking or Non-Government Organisation".

3.2. Members are not allowed to be part of or assist political parties

  • Rule 5 (1) states," No member of the Service shall be a member of. or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of or assist in any other manner, any political movement or political activity".
  • 5 (4) states, "No member of the Service shall canvas or otherwise interfere with or use his influence in connection with, or take part in, an election to any legislature.
  • While members can hold personal political beliefs, these rules restrict the degree to which they can act on them.

3.3. Similar restrictions are also there on expressing personal opinions.

  • Rule 7 of AIS Rules States, "No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his name or the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion. Which has the effect of an adverse criticism of any current or recent policy or action of the central Government or a State Government; or Which is capable of embarrassing the relations between the Central Government and any State Government of any Foreign State".
  • However, civil servants are allowed to express their opinions on official files and other official documents and can even talk to the media during field postings.
  • What they can tell the media, though, is restricted to their job or some specific event/ issue. Personal beliefs on wider issues are not to be aired.

3.4. Taking dowry is banned.

  • Dowry is an evil which afflicts all of society. Civil servants are no exception.
  • Often, once selected for the services, officers receive numerous marriage offers.
  • Influential families, including big political ones, covet civil servants as husbands for their daughters and are willing to pay a big price to win their hand in marriage.
  • A civil servant's job security, status and perks received play a major role in inflating dowry demands.
  • Officials from the Department of Personnel and Training (DoPT) even receive queries to provide contact details of candidates selected.
  • At the same time, civil servants and their families are willing to receive a big dowry.
    But as far as rules are concerned, both giving and receiving dowry are strictly prohibited.
  • Rule 11 (1-A) of the AIS Rules on "Giving or taking of dowry" states, "No member of the Service shall 
  1. Give or take or abet the giving or taking of dowry or 
  2. Demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be any dowry".

3.5. Reporting of Big gifts

  • Rule 11 (1) states, "A member of the service may accept gifts from his near relatives or his personal friends having no official dealings with them, on occasions such as weddings, anniversaries, funerals and religious functions when the making of gifts conforms with the prevailing religious functions when the making of gifts conforms with the prevailing religious and social practice, but he shall make a report to the Government if the value of such gift exceeds Rs 25, 000.
  • The threshold of Rs 25, 000 was last fixed in 2015.

4. Rules are amended and added from time to time

  • While Conduct Rules penned in the 1960s are still being followed, these are never static, with updates made from time to time.
  • For instance, about Rule 5(1), the government from time to time determines whether a particular organisation is political or not.
  • Interestingly, such clarifications have been repeatedly made about the Rashtriya Swayamsevak Sangh (RSS) with rules stating that its activities are political.
  • Notably, while the RSS itself claims to be non-political, even BJP governments at the Centre have not changed its categorisation.
  • The government added a few sub-rules in August 2014. 
For  instance, the following  was added to the Conduct Rules: "Every member of the Service shall maintain:
  1. High ethical standards, integrity and honesty
  2. Political neutrality
  3. Accountability and transparency
  4. Responsiveness to the public, particularly to the weaker section
  5. Courtesy and good behaviour with the public among other things.
  • The government also added that Every member of the Service shall maintain integrity in public service
  • Take decisions solely in the public interest and use or cause to use public resources efficiently, effectively and economically
    Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest
  • Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties
  • Not misuse his position as a civil servant and not make decisions to derive financial or material benefits for himself, his family or his friends act with fairness and impartiality and not discriminate against anyone, particularly the poor and the underprivileged sections of society
  • Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.

5. Allegations

  • Similarly, when allegations were made that only oral orders were being issued to subordinate officials, in 1979, the Janata Party government added that "The direction of the official superior shall ordinarily be in writing.
  • Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter".
  • In 1998, the United Front government added that "No member of the Service shall employ to work any child below the age of 14 years".

6. Officers are covered under the rules as soon they join the training.

  • As soon as candidates are allotted a particular service and join training which is part of their probation period, they become members of that service and are thus covered by these rules.
  • There are also certain rules which continue to apply post-retirement as well.
  • Provisions for heavy penalties there, but difficult to police. Transgressions can attract two kinds of penalties major and minor.
  • Major penalties can include "dismissal" from the service as well.
  • Besides these conduct rules, there is also the Prevention of Corruption Act (POCA).
  • However, action on corruption in India is based less on intelligence and more on complaints.
  • While anonymous complaints are not entertained, complaints with the names and details of complainants hardly ever reach the proper forum.
  • For, where such complaints can be made, include the Central Vigilance Commission, Lokpal and other investigation agencies.

7. Conclusion

Ensuring the ethical conduct of government officials is an ongoing process that requires a combination of clear rules, effective enforcement, public engagement, and a commitment to upholding the highest standards of integrity. By taking these steps, India can strengthen its governance and maintain the trust of its citizens.
 
For Prelims: All India Services, Central Civil Services, Central Vigilance Commission, Prevention of Corruption Act, AIS Conduct Rules, 1968, CCS Conduct Rules, 1964
For Mains: 
1. Examine the role of public awareness and engagement in promoting ethical conduct among government officials. What measures can be taken to encourage citizens to report ethical violations? (250 Words)
2. Critically analyze the effectiveness of conduct rules in curbing unethical behaviour among government officials. Highlight any ambiguities and suggest improvements. (250 Words)
 
 
Previous Year Questions
 
1. The Central Vigilance Commission was established on the recommendation of which one of the following Committees?  (NDA 2018) (UPSC CAPF 2017)
A. Santhanam Committee
B. Dinesh Goswami Committee
C. Tarkunde Committee
D. Narasimham Committee
 
Answer: A
 
2. According to the Lokpal and Lokayuktas Act, 2013 the Lokpal shall consist of maximum _______ members including the Chairperson.  (MPSC 2019)
A. Three             B. Four           C. Nine                   D.  Five
 
Answer: C
 
3. Which one of the following CCS Conduct Rules, 1964 deals with sexual harassment of working women  CISF ASI  2019 
A. Rule 14A          B. Rule 20         C. Rule 3C        D. Rule 31
 
Answer: C
 
4. Santhanam committee was established for prevention of which social problem (RPSC 2015) 
A. dowry system      B. communal riots       C.  aids            D. corruption
 
Answer: D
 
Source: The Indian Express

CHINA-PAKISTAN ECONOMIC CORRIDOR (CPEC)

1. Context

China has refused to further expand cooperation in the areas of energy, water management, and climate change under the multi-billion dollar China-Pakistan Economic Corridor (CPEC), it emerged recently, signalling a strain in the ‘ironclad’ friendship between the two all-weather allies.
 

2. About China-Pakistan Economic Corridor (CPEC)

  • The China-Pakistan Economic Corridor (CPEC) is a bilateral project between China and Pakistan that aims to connect the Gwadar Port in Balochistan, Pakistan to Kashgar in Xinjiang, China via a network of highways, railways, and pipelines.
  • The project is part of China's Belt and Road Initiative (BRI), which is a massive infrastructure development program that aims to create new trade and investment links between China and the rest of the world.

2.1. Objectives of CPEC

  • CPEC aims to enhance economic cooperation between China and Pakistan by promoting trade, investment, and economic growth.
  • It seeks to strengthen the economic ties between the two countries.
  • Pakistan faces chronic energy shortages, and CPEC addresses this issue through the development of energy projects, including coal, hydro, and solar power plants.
  • These projects are vital for meeting Pakistan's growing energy demands.
  • CPEC includes the construction of new highways, railways, and pipelines.
  • This improved infrastructure is essential for facilitating the movement of goods and people, reducing transportation costs, and promoting regional connectivity.

2.2. Components of CPEC

  • Gwadar Port is a central component of CPEC. It is located in Balochistan and is being developed into a deep-sea port and regional trade hub.
  • Gwadar's strategic location provides China with access to the Arabian Sea, which is significant for its maritime trade.
  • CPEC involves the construction and upgrading of transportation networks.
  • This includes the development of the Karakoram Highway, the construction of the Gwadar-Ratodero Motorway, and the expansion of railway lines connecting Gwadar to China's western regions.
  • Energy infrastructure is a critical part of CPEC. Several power projects, including coal-fired, hydroelectric, and solar power plants, are being developed to address Pakistan's energy deficit.
  • These projects enhance energy security and promote economic development.
  • CPEC envisions the establishment of Special Economic Zones in various regions of Pakistan.
  • These SEZs are designed to attract Chinese and other foreign investors by offering tax incentives, infrastructure, and a conducive business environment.

2.3. Strategic Significance

  • CPEC offers China a shorter and more secure route for its energy imports from the Middle East, reducing its reliance on the longer sea route through the Strait of Malacca.
  • This enhances China's energy security, a vital consideration for its economic growth.
  • China's investments and presence in Pakistan through CPEC strengthen its geopolitical influence in South Asia.
  • It provides Beijing with a stake in the region's stability and development.
  • Gwadar Port gives China access to the Arabian Sea and the Indian Ocean, enabling it to bypass potential chokepoints in the South China Sea.
  • This has implications for China's naval presence in the Indian Ocean.

3. Impact on India

  • CPEC has been a source of significant geopolitical tension between India and Pakistan.
  • A portion of CPEC passes through Pakistan-administered Gilgit-Baltistan, which India claims as part of its own territory.
  • India views this as a violation of its sovereignty and has protested against the project, further straining Indo-Pak relations.
  •  India perceives CPEC as part of China's broader strategy to encircle India by strengthening its presence in neighbouring countries.
  • This perceived encirclement has led to increased security concerns for India.
  • To counterbalance China's influence in the region, India has pursued its own regional connectivity initiatives.
  • These include the International North-South Transport Corridor (INSTC) and the Chabahar Port project in Iran.
  • India is also deepening its engagement with other South Asian countries to maintain its influence.
  • India is concerned about the security implications of CPEC. The corridor passes through regions of Pakistan that have experienced instability and terrorism, raising fears that extremist elements could target CPEC infrastructure.
  • CPEC's potential to boost Pakistan's economy and its strategic location as a trade corridor poses economic challenges for India.
  • It has the potential to divert trade away from India and impact India's economic interests in the region.
  • India has engaged in diplomatic efforts to voice its concerns about CPEC on various international platforms.
  • However, these efforts have yielded limited results, as many countries have chosen to engage with CPEC due to its economic potential.

4. Way forward

  • The China-Pakistan Economic Corridor (CPEC) has far-reaching implications for India, affecting both its geopolitical and economic interests.
  • India's concerns about sovereignty, security, and the economic impact of CPEC have led to a complex and challenging dynamic in its relations with both China and Pakistan.
  • As CPEC continues to evolve and shape the regional landscape, India will need to carefully navigate these challenges while seeking to protect its own interests and explore alternative avenues for regional cooperation and connectivity.
 
For Prelims: China-Pakistan Economic Corridor, energy, water management, climate change, Belt and Road Initiative, Special Economic Zones, International North-South Transport Corridor, Chabahar Port, 
For Mains: 
1. Discuss the challenges and opportunities presented by CPEC for India in the context of regional cooperation and economic competitiveness. How can India navigate these challenges effectively? (250 Words)
 
 
Previous Year Questions
 
Prelims:

1. Belt and Road Initiative’ is sometimes mentioned in the news in the context of the affairs of (UPSC CSE 2016)

(a) African Union
(b) Brazil
(c) European Union
(d) China

Answer: D

2. The Ministry of Environment, Forest and Climate Change recently published the draft Environment Impact Assessment (EIA) Notification, in 2020. Which of the following statements is correct about EIA? (Punjab Civil Service 2020)
1. It predicts the effect of a proposed industrial/infrastructural project on the environment.
2. It prevents the proposed activity/project from being approved without proper oversight or taking adverse consequences into account.
3. It compares various alternatives for a project and seeks to identify the one which represents the best combination of economic and environmental costs and benefits.
4. As per the new notification, Coal and non-Coal mineral prospecting and solar photovoltaic projects do not need prior environmental clearance.
Select the correct answer using the code given below:
A. Only 1 and 2
B. Only 2, 3 and 4
C. Only 1, 2 and 3
D. Only 1, 2 and 4
 
Answer: D
 
3. In the context of India’s preparation for Climate -Smart Agriculture, consider the following statements: (UPSC 2021)
1. The ‘Climate-Smart Village’ approach in India is part of a project led by the Climate Change, Agriculture and Food Security (CCAFS), an international research program.
2. The project of CCAFS is carried out under the Consultative Group on International Agricultural (CGIAR) headquartered in France.
3. The International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) in India is one of the CGIAR’s research centers.
Which of the statements given above is correct?
(a) 1 and 2 only                (b) 2 and 3 only              (c) 1 and 3 only                      (d) 1, 2 and 3
 
Answer: D

 

4. With reference to the water on the planet Earth, consider the following statements : (UPSC 2021)
1. The amount of water in the rivers and lakes is more than the amount of groundwater.
2. The amount of water in polar ice caps and glaciers is more than the amount of groundwater.
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
Answer: B
 
5. Consider the following statements: (UPSC 2020)
1. 36% of India's districts are classified as "overexploited" or "critical" by the Central Ground Water Authority (CGWA).
2. CGWA was formed under the Environment (Protection) Act.
3. India has the largest area under groundwater irrigation in the world.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3 only
C. 2 only
D. 1 and 3 only
Answer: B
 
6. Consider the following statements:
1. On the planet Earth, the freshwater available for use amounts to less than 1% of the total water found.
2. Of the total freshwater found on the planet Earth 95% is bound up in polar ice caps and glaciers.
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
Answer: A
 
7. Special Economic Zones (SEZ) have been created first time in the: (OPSC OAS 2019)
A.  EXIM Policy, 2000       
B.  EXIM Policy, 2005
C. Industrial Policy, 1956
D. Industrial Policy, 1991
 
Answer: A
 
8. Consider the statement: "India wants Chabahar port to be included in the 13-nations International North-South Transport Corridor (INSTC) that extends from India to Russia." Which of the following country/countries is/are members of INSTC? (Haryana Civil Services 2021) 
1. Iran
2. Iraq
3. China
4. Mongolia
Select the correct answer using the code given below:
A. 1 only        B. 2 and 3 only          C. 3 and 4 only         D.  1, 3 and 4
 
Answer: A
 
9. What is the importance of developing Chabahar Port by India? (UPSC CSE 2017)
A. India's trade with African countries will enormously increase.
B. India's relations with oil-producing Arab countries will be strengthened.
C. India will not depend on Pakistan for access to Afghanistan and Central Asia.
D. Pakistan will facilitate and protect the installation of a gas pipe between Iraq and India.
 
Answer: C
 
Mains

1. The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (UPSC CSE 2018)

2. China and Pakistan have entered into an agreement for the development of an economic corridor. What threat does this pose for India’s security? Critically examine. (UPSC CSE 2014)

3. “China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia”. In the light of this statement, discuss its impact on India as her neighbour. (UPSC CSE 2017)

Source: indianexpress

INTEGRATED INFORMATION THEORY (IIT)

 
 
1. Context
So in June 2023, when the results of a head-to-head experimental contest between two rival theories were announced at the 26th annual meeting of the Association for the Scientific Study of Consciousness in New York City, they were met with some fanfare
 
2. What is integrated information theory?
Integrated Information Theory (IIT) is a theory of consciousness developed by neuroscientist and psychiatrist Dr. Giulio Tononi.
It proposes a framework for understanding the nature of consciousness and how it arises from the physical processes within the brain.
IIT seeks to provide a comprehensive account of what consciousness is and to offer a measure, called Phi (Φ), that quantifies the level of consciousness in a system
A colourful stylised line drawing of a brain
3.Key Principles of IIT

Key principles and concepts of Integrated Information Theory (IIT) include:

  1. Intrinsic Existence: According to IIT, conscious experiences have an intrinsic existence, meaning they exist in and of themselves. In other words, they are not mere representations or reflections of something else.

  2. Composition: Consciousness is thought to be composed of smaller, irreducible elements called "qualia." Qualia are the basic building blocks of conscious experience and include aspects such as color, taste, sound, and emotion.

  3. Integrated Information: The theory posits that consciousness arises from the integration of information within a system. Integrated information refers to the interconnectedness and interdependence of the elements or components of a system. Systems with a high degree of integrated information are considered to be more conscious.

  4. Exclusion Postulate: IIT introduces the concept of the "exclusion postulate," which states that a system's conscious experience is unique, and other potential conscious experiences are excluded when one experience is occurring. This means that conscious experiences are not simultaneously divisible into separate, independent streams of consciousness within the same system.

  5. Phi (Φ): Phi is a mathematical measure introduced by IIT to quantify the level of consciousness in a system. It reflects the extent to which information is both integrated and differentiated within the system. Systems with higher values of Phi are associated with higher levels of consciousness.

  6. Minimum Φ: IIT also suggests that systems with Phi values below a certain threshold do not possess consciousness. This threshold serves as a criterion for identifying which physical systems, such as brains, may be associated with conscious experiences.

4. Significance of  information theory
  • Integrated information theory (IIT) is a leading theory of consciousness. It is one of the most well-developed and mathematically rigorous theories of consciousness that has been proposed to date. IIT is also supported by a growing body of experimental evidence
  • IIT has been praised for its ability to account for a wide range of phenomena related to consciousness, such as the subjective experience of consciousness, the different levels of consciousness, and the effects of brain damage on consciousness. IIT has also been used to develop new models of artificial consciousness.
  • Despite its limitations, IIT remains one of the most influential theories of consciousness today. It has helped to advance our understanding of consciousness and to stimulate new research in this area.
5. Way forward
IIT represents one of several competing theories and frameworks for understanding consciousness, and its development underscores the ongoing quest to unravel the mysteries of subjective experience and how it emerges from the physical workings of the brain
 
Source: DownToEarth

INDO-PACIFIC ARMIES CHIEFS CONFERENCE (IPACC)

 
 
1. Context
Territorial disputes over land masses or over artificial islands, which are built to acquire real estate and establish military bases, and transnational threats of terrorism are among the many land-related challenges in the Indo-Pacific region
 
2. Indo-Pacific Armies Chiefs’ Conference (IPACC)
  • The Indo-Pacific Armies Chiefs Conference (IPACC) is a multilateral forum that brings together the Chiefs of Armies from various countries in the Indo-Pacific region.
  • It serves as a platform for military leaders to discuss common security challenges, promote cooperation, and build relationships among the participating nations.
  • IPACC is not a permanent organization but rather a periodic conference held with the aim of enhancing regional security and stability.
  • The 13th IPACC was held in New Delhi, India, from September 25 to 27, 2023. It was co-hosted by the Indian Army and the United States Army Pacific. The theme of the conference was "Together for Peace: Sustaining Peace and Stability in the Indo-Pacific Region."
  • The conference was attended by army chiefs and delegates from 35 countries, including Australia, Bangladesh, Brunei, Cambodia, Canada, Chile, China, Fiji, France, Germany, Indonesia, Japan, Laos, Malaysia, Maldives, Mongolia, Myanmar, Nepal, New Zealand, Oman, Papua New Guinea, Philippines, Russia, Singapore, South Korea, Sri Lanka, Thailand, Tonga, United Arab Emirates, United Kingdom, United States, and Vietnam
 
3. Key Points

Key points about the Indo-Pacific Armies Chiefs Conference (IPACC) include:

  1. Participants: IPACC typically includes the participation of senior military officials, often the Chiefs of Army Staff or equivalent, from countries in the Indo-Pacific region. The list of participating nations may vary from one conference to another, but it generally includes major regional players.

  2. Focus on Security and Cooperation: IPACC focuses on discussing security issues relevant to the Indo-Pacific region. These discussions encompass a wide range of topics, including regional security challenges, counterterrorism, disaster relief, peacekeeping operations, and military-to-military cooperation.

  3. Promotion of Dialogue: The conference provides an opportunity for military leaders to engage in open and constructive dialogue. It allows participants to share their perspectives, exchange ideas, and explore opportunities for collaboration on security matters.

  4. Informal Setting: IPACC is usually conducted in an informal setting, which promotes candid discussions and the building of personal relationships among military leaders. This informal approach is believed to enhance trust and cooperation among participating nations.

  5. Bilateral and Multilateral Interactions: While IPACC primarily focuses on multilateral discussions, it also provides a platform for bilateral meetings and discussions on the sidelines of the conference. This allows participating nations to address specific bilateral concerns and interests.

  6. Strategic Significance: Given the growing importance of the Indo-Pacific region in global geopolitics and security dynamics, IPACC plays a role in shaping regional security policies and strategies.

  7. Role in Confidence Building: The conference can contribute to confidence-building measures among nations in the region by fostering mutual understanding and cooperation, which can help reduce tensions and promote stability

4. Way forward
The IPACC is an important forum for the armies of the Indo-Pacific region to come together and discuss common security challenges and opportunities. It plays a vital role in promoting cooperation and understanding among the armies of the region, and in contributing to peace and stability in the region
 
Source: indianexpress

ARMED FORCES (SPECIAL POWERS) ACT, 1958 (AFSPA)

 
 
1. Context
The Union Home Ministry  extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958
 
2.Armed Forces (Special Powers) Act, 1958
The Armed Forces (Special Powers) Act, 1958, often referred to as AFSPA, is an Indian law that grants special powers to the armed forces in designated "disturbed areas" in order to maintain public order. The act was originally enacted on September 11, 1958, to deal with the insurgency in the northeastern states of India.
The Act in its original form was promulgated by the British in response to the Quit India movement in 1942. After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordnance and then notified as an Act in 1958
 
3.Key Provisions of the Act

Key provisions of AFSPA include:

  1. Arrest and Search: Under AFSPA, security forces are empowered to arrest anyone without a warrant and to search any premises in the designated area if they have "reasonable suspicion" that the person or place is linked to unlawful activities.

  2. Shoot to Kill: In certain situations, the act provides legal immunity to armed forces personnel who use force, even if it results in the death of a person, as long as they believe it to be necessary for the maintenance of public order.

  3. Detention: The act allows for the detention of individuals without filing formal charges for up to six months, extendable by another six months with permission from the government.

  4. Legal Protections: Under AFSPA, legal proceedings against armed forces personnel can only be initiated with the prior approval of the central government, making it difficult to hold them accountable for alleged abuses.

  5. Designated Disturbed Areas: The act is typically applied in areas that are declared "disturbed" by the state or central government. This designation allows for the deployment of armed forces with these special powers.

4. Challenges around AFSPA
  • AFSPA has been a subject of significant controversy and criticism over the years. Human rights organizations and activists have raised concerns about its potential for abuse, including allegations of extrajudicial killings, torture, and other human rights violations by security forces.
  • Critics argue that the act undermines accountability and can lead to the misuse of power by the armed forces
  • The AFSPA has been criticized for giving the armed forces too much power and for violating the human rights of civilians
  • There have been numerous allegations of extrajudicial killings, torture, and other human rights abuses by the armed forces under the AFSPA
  • The AFSPA has also been criticized for undermining the authority of the state police and for creating a climate of fear and distrust among civilians
 
5. Current Status of AFSPA
  • The AFSPA is currently in force in the states of Assam, Manipur, Nagaland, and parts of Arunachal Pradesh.
  • In 2022, the Government of India partially lifted the AFSPA from parts of Assam, Manipur, and Nagaland.
  • There have been calls for the AFSPA to be repealed altogether, but the government has argued that it is necessary to maintain public order in the affected areas.
6. Way forward
Various states in India, especially in the northeastern region and Jammu and Kashmir, have experienced prolonged periods of insurgency and conflict, and AFSPA has often been applied in response to these security challenges. However, there have been calls for its repeal or significant amendment to address the concerns of human rights violations and improve accountability.
 
 
For Prelims: AFSPA, Disturbed Areas, North Eastern States, Fifth Schedule, Sixth Schedule of Indian Constitution
For Mains: 1.Discuss the historical evolution and significance of the Armed Forces (Special Powers) Act, 1958. Examine the criticisms and concerns associated with its application in conflict zones in India. What reforms, if any, are required to address these concerns?
2.Critically evaluate the international perspective on the Armed Forces (Special Powers) Act, 1958, and its impact on India's image as a democratic nation. How does AFSPA affect India's relations with neighboring countries and international human rights organizations?
 
 
 
Previous Year Questions
 
1.Recently, the Armed Forces (Special Powers) Act was completely removed from which one of the following States? (UPSC CAPF 2018)
A. Arunachal Pradesh
B. Nagaland
C. Meghalaya
D. Assam
Answer (C)
Source: indianexpress

ONE NATION-ONE ELECTION

1. Context 

The Law Commission of India is set to submit a report recommending simultaneous elections in the country

2. About the ONOE Plan

  • The ONOE plan revolves around a core concept synchronizing the timing of Lok Sabha (India's lower house of Parliament) and State Assembly elections across all states.
  • The primary objective is to reduce the frequency of elections throughout the country.

3. Historical Perspective on Simultaneous Elections

  • Taking a historical glance, the first-ever general elections to Lok Sabha and all State Assemblies occurred simultaneously in 1951-1952, immediately following the enforcement of the Constitution on January 26, 1950.
  • This practice persisted through three subsequent Lok Sabha elections until 1967 when it was disrupted.
  • The initial disruption took place in 1959 when Article 356 of the Constitution was invoked by the Centre to dismiss the Kerala government.
  • Subsequently, due to political defections and counter-defections, several Legislative Assemblies dissolved post-1960, ultimately leading to separate elections for Lok Sabha and State Assemblies.
  • Presently, assembly polls in the states of Arunachal Pradesh, Sikkim, Andhra Pradesh, and Odisha are held in conjunction with Lok Sabha elections.

4. Insights from Reports on ONOE

  • In August 2018, the Law Commission of India (LCI), chaired by Justice B. S. Chauhan, released a draft report on simultaneous elections.
  • This comprehensive report analyzed the constitutional and legal aspects of the ONOE issue.
  • Notably, the LCI submitted that simultaneous elections are not feasible within the current framework of the Constitution.
  • The LCI emphasized that conducting simultaneous polls would require amendments to the Constitution, the Representation of the People's Act 1951, and the Rules of Procedure of Lok Sabha and State Assemblies.
  • Furthermore, the commission recommended that this proposal receive ratification from at least 50% of the states.
  • However, in terms of the benefits of simultaneous elections, the commission argued that ONOE would result in substantial cost savings, reduced strain on the administrative setup and security forces, timely implementation of government policies, and a shift of managerial focus towards development activities instead of electioneering.
  • Notably, this is not the first time such a proposal has been made, as a similar recommendation was made by the LCI in 1999, headed by Justice B. P. Jeevan Reddy.

5. Concerns Surrounding ONOE

  • The feasibility of ONOE is a matter of paramount concern. Articles 83(2) and 172 of the Constitution specify that the tenure of Lok Sabha and State Assemblies, respectively, shall last for five years unless dissolved earlier.
  • However, Article 356 provides for circumstances where assemblies can be dissolved earlier.
  • Consequently, the ONOE plan raises crucial questions, such as what would happen if the Central or State government collapses mid-tenure.
  • Would elections be held again in every state, or would President's rule be imposed
  • Amending the Constitution to implement such a significant change would necessitate extensive consideration of various scenarios and provisions and could set a concerning precedent for further constitutional amendments.
  • Another critical concern relates to the idea of ONOE not aligning with the concept of 'federalism.'
  • Federalism is established on the notion that the entire nation is a "Union of States," which appears to contradict the concept of 'one nation' proposed by ONOE.

6. Benefits of Recurrent Elections

  • The present system of recurrent elections is viewed by some as beneficial in a democracy.
  • It allows voters to have their voices heard more frequently and ensures that issues at the national and state levels remain distinct.
  • This separation of issues promotes greater accountability among elected officials.
  • The Central government has highlighted the substantial costs associated with frequent elections as a key motivator for ONOE.
  • The Election Commission's expenditure of ₹8,000 crore over five years, equivalent to ₹1,500 crore annually or ₹27 per voter per year, can truly be considered a 'massive' expense for maintaining India's status as the world's largest electoral democracy.

8. The Way Forward

  • The 'One Nation, One Election' plan presents both advantages and challenges that warrant careful consideration and debate.
  • It is essential to weigh the benefits of reduced election frequency against the potential disruption to the democratic process and the fundamental principles of federalism and accountability.
 
For Prelims: One Nation-One Election, Article 356, Law Commission of India, Representation of the People's Act 1951, Article 83(2), Article 172, federalism, 
For Mains:
1. What is One Nation-One Election? Explain how having simultaneous elections across Lok Sabha and State assemblies counter federalism. (250 Words)
 
 
Previous Year Questions
 
1. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then  (UPSC 2018)
A. the Assembly of the State is automatically dissolved.
B. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
C. Article 19 is suspended in that State.
D. the President can make laws relating to that State.
 
Answer: B
 
2. What is the provision in Article 356 of Indian Constitution? (Soldier Technical Paper 2021)
A. For jobs in reservation of backward classes
B. To impose President's rule in the states
C. For the protection of religious monument
D. To give special status to Jammu and kashmir
 
Answer: B
 
3. 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
 
Answer: B
 
4. Under what Article of the Constitution of India can the President take over the administration of a state in case its constitutional machinery breaks down? (MP Police Constable 2016) 
A. Article 83          B. Article 352         C. Article 356          D. Article 343
 
Answer: C
 
5. Which one of the following in Indian Polity is an essential feature that indicates that it is federal in character? (UPSC 2021)
A. The independence of judiciary is safeguarded
B. The Union Legislature has elected representatives from constituent units
C. The Union Cabinet can have elected representatives from regional parties
D. The Fundamental Rights are enforceable by Courts of Law
 
Answer: A
 
 Source: The Hindu

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