GOVERNOR'S POWER
1. Context
The Supreme Court laid down the law that a Governor, in case if he withholds assent to the Bill, should send it back to the State legislature " as soon as possible" with a message to reconsider the proposed law
If the Assembly reiterates the Bill " with or without amendments", the Governor has no choice or discretion and has to give his assent to it
2. About Governor
- Part VI of the Constitution deals with the states and lists out the role and responsibility of the Governor of states.
- Article 153 provides for a Governor of every state and is the constitutional head of the state.
- The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution (Article 154).
- Governor performs the same duties as of President, but as the executive head of a State; the work remains the same as of the office of the President of India.
- A Governor is a nominated head and not an elected representative.
- Dual Role of the Governor as head and representative
- Constitutional head of state; and
- Link between Union and State governments. - His dual role makes him a key functionary in the Indian Constitutional system.
3. Powers of Governor
- Under Article 161 the Governor has the following powers –the power to grant pardons, reprieves, respites, or remissions of punishment; the power to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
- The Governor makes all executive decisions on behalf of the state government (Article 166(1)).
- The Governor appoints the Chief Minister and other cabinet members. They serve at the pleasure of the Governor (Article 164).
- He may create rules for the efficient execution of a state government's work and its distribution among the ministers. (Article 166(3))
- He appoints the state's advocate general and determines his tenure and conditions of service.
- He has the authority to recommend to the President the declaration of a state of constitutional emergency.
- He may request from the Chief Minister any information about the administration of the state's affairs, as well as legislative suggestions (Article 167).
- The governor appoints the state election commissioner and establishes his term of office and working conditions (Article 243K).
4. Friction points between the States and Governor
- In recent years. these have been largely about the selection of the party to form a government, the deadline for proving the majority, sitting on Bills, and passing negative remarks on the state administration.
- Kerala’s government was dismissed based on a report by the Governor. Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.
- Kerala Governor in 2020 turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.
- In 2018 J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government. This paved the way for the Centre to later bifurcate the state into two Union territories, by considering the Governor as the government.
- In 2019 Maharashtra Governor quietly invited the BJP leader and administered his oath as CM. This government lasted just 80 hours. Six months later, the governor refused to nominate CM to the Legislative Council.
- Following the Karnataka polls in 2018, Governor Vajubhai Vala invited the BJP to form the government and gave B S Yeddyurappa 15 days to prove the majority. Challenged by Congress and JDS in the Supreme Court, it was reduced to three days.
5. Reasons for the friction between the Governor and the state governments
- There is no provision for impeaching the Governor, who is appointed by the President on the Centre's advice. While the Governor has a 5-year tenure, he can remain in office only until the pleasure of the President.
- There are no guidelines for the exercise of the Governor's powers, including for appointing a CM or dissolving the Assembly. There is no limit set for how long a Governor can withhold assent to a Bill.
- According to the Constitutional expert, although the Constituent Assembly envisaged the governor to be apolitical. But the truth is, politicians, become Governors and then resign to fight elections.
- The CM is answerable to the people. But the Governor is answerable to no one except the Centre. This is the fundamental defect in the Constitution.
6. Reforms Suggested
Several Panels, the Administrative Reforms Commission of 1968 and the Sarkaria Commission of 1988 have recommended reforms such as
- selection of the Governor through a panel comprising the PM, the Home Minister, the Lok Sabha Speaker, and the CM.
- Apart from fixing his tenure for five years
- Recommendations have also been made for a provision to impeach the Governor by the Assembly.
For Prelims & Mains
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For Prelims: Governor, Chief Minister, Article 153, Article 154, Article 164, and Article 243K.
For Mains: 1. In the context of friction between the state governments and the Governor explain the role and powers of the Governor and what reforms have been suggested so far to end the tussle between the state governments and the Governor.
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Previous Year Questions
Which of the following are the discretionary powers given to the Governor of a State? (UPSC CSE 2014)
1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below
A. 1 and 2 Only
B. 1 and 3 Only
C. 2, 3 and 4
D. 1, 2, 3, 4
Answer (B)
2.Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
Answer (C)
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Source: The Indian Express
SEDITION LAW
1. Context
The Supreme Court will hear a batch of petitions challenging the constitutional validity of section 124A that deals with sedition, in January next year.
Chief Justice of India D Y Chandrachud, presiding over a three-judge bench before which the matter came up Wednesday, said he would constitute a bench to hear it soon. Hearing it last on September 12, 2023, the SC had said the matter needed to be heard by a five-judge Constitution bench and directed that they be placed before the CJI for this.
2. About ‘Sedition’
- The word "sedition" comes from the Latin word "seditio", which means "a going apart" or "insurrection".
- It is thought to have originated in the Roman Republic, where it was used to describe any act that threatened the stability of the state.
- Sedition is any attempt to overthrow or subvert the government by force or violence, or to incite rebellion against the government.
- It is a serious crime in most countries and can be punishable by imprisonment or even death.
- In the modern era, sedition laws are typically used to prosecute people who make public statements that are intended to incite violence or rebellion against the government.
- For example, someone who publishes an article calling for the overthrow of the government, or who gives a speech that encourages people to take up arms against the state, could be charged with sedition.
3. Sedition laws in India
- Sedition was incorporated into the Indian Penal Code (IPC) in 1870.
- It is defined as any action that brings or attempts to bring contempt or hatred toward the government of India.
- Sedition cases are punishable with a maximum sentence of life imprisonment.
- It categorizes four sources of seditious acts-spoken words, written words, signs, and visible representations.
- It is classified as 'cognizable' (No need of a Court warrant to arrest the person ) and a 'non-bailable' and 'non-compoundable' offence.
- Some people believe that it is necessary to protect the stability of the state, while others believe that it is used to suppress dissent and free speech.
- It is important to note that the sedition law is only one of many laws that the government can use to crack down on dissent.
- Other laws, such as the Unlawful Activities (Prevention) Act (UAPA), have also been used to target critics of the government.
4. Historical Background of Sedition Law
The sedition law in India, as codified in Section 124A of the Indian Penal Code (IPC), has its historical roots in the colonial period during British rule. It was not drafted by Indian authorities but by the British colonial administration.
1. British Colonial Era: The sedition law was introduced by the British colonial administration in India during the mid-19th century. It was part of a series of legal measures enacted by the colonial authorities to suppress dissent and control the Indian population.
2. Lord Macaulay's Draft: The Indian Penal Code (IPC), which includes Section 124A on sedition, was drafted by Lord Thomas Babington Macaulay, a British historian, and politician. Macaulay was tasked with creating a comprehensive legal code for India, which would serve the interests of the British colonial rulers. The IPC was ultimately enacted in 1860.
3. Objective of the Sedition Law: The primary objective of the sedition law during the colonial era was to curb any form of opposition, criticism, or resistance to British rule. It aimed to quell nationalist movements, suppress publications, and silence voices advocating for Indian self-rule or independence.
4. Legal Context: Under colonial rule, the sedition law was used to prosecute and imprison Indian freedom fighters, journalists, activists, and intellectuals who were deemed to be challenging British authority. Prominent leaders like Bal Gangadhar Tilak, Mahatma Gandhi, and Jawaharlal Nehru faced sedition charges at various points in their lives.
5. Post-Independence Retention: After India gained independence from British rule in 1947, the newly formed Indian government decided to retain the sedition law as part of the Indian Penal Code. While there have been discussions and debates about amending or repealing the law, it continues to be on the statute books.
5. Sedition law used against Mahatma Gandhi and Bal Gangadhar Tilak
The sedition law was used against Mahatma Gandhi and Bal Gangadhar Tilak on multiple occasions.
Mahatma Gandhi
In 1922, Gandhi was arrested and charged with sedition for his articles in the Young India newspaper. He was convicted and sentenced to six years in prison but was released after two years due to health reasons.
Bal Gangadhar Tilak
- In 1897, Tilak was arrested and charged with sedition for his speeches at the Shivaji festival. He was convicted and sentenced to 12 months in prison.
- In 1908, Tilak was arrested and charged with sedition for his articles in the Kesari newspaper. He was convicted and sentenced to six years in prison.
- Both Gandhi and Tilak were staunch critics of British rule in India, and their sedition trials were seen as attempts by the British government to silence them.
- However, their trials also helped to raise awareness of the Indian independence movement and galvanize support for it.
- In addition to Gandhi and Tilak, many other Indian independence leaders were also charged with sedition, including Jawaharlal Nehru, Subhas Chandra Bose, and Vinayak Damodar Savarkar.
6. About Section 124A of the Indian Penal Code
Section 124A of the Indian Penal Code (IPC) deals with the offence of sedition. It states that whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. "Disaffection" is defined as "disloyalty and all feelings of enmity".
7. Punishment for the Offence of Sedition in India
- The punishment for the offence of sedition in India is imprisonment for life, to which a fine may be added, or with imprisonment which may extend to three years, to which a fine may be added, or with a fine.
- In recent years, there has been an increase in the number of sedition cases filed in India.
- This is partly due to the rise of social media, which has made it easier for people to share their views and opinions. It is also partly due to the government's crackdown on dissent.
The following are some examples of sedition cases that have been filed in India in recent years:
- In 2019, a journalist named Gauri Lankesh was assassinated. After her death, it was revealed that she had been facing sedition charges for her critical writings about the government.
- In 2020, a student named Disha Ravi was arrested for sedition for sharing a toolkit on social media that was related to the farmers' protests in India.
- In 2021, a comedian named Munawar Faruqui was arrested for sedition for allegedly making jokes about Hindu gods and goddesses.
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For Prelims: Young India newspaper, Bal Gangadhar Tilak, Mahatma Gandhi, Indian Penal Code, Section 124 A, sedition
For Mains:
1. Discuss the challenges posed by the increasing use of sedition laws in India in recent years. Highlight specific cases and their impact on freedom of speech and dissent. (250 Words)
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Previous Year Questions
1. The editor of ‘Young India’ was : (UKSSSC Forest Guard 2020)
A. Mahatma Gandhi B. C. Rajagopalachari C. Lala Lajpat Rai D. Bal Gangadhar Tilak
Answer: A
2. Bal Gangadhar Tilak was associated with (UPSC CAPF 2015)
1. Poona Sarvajinik Sabha
2. The Age of Consent Bill
3. Gaurakshini Sabha
4. Atmiya Sabha
Select the correct answer using the code given below:
A. 1 and 2 only B. 1, 2 and 4 C. 3 and 4 D. 2 and 4 only
Answer: A
3. Mahatma Gandhi said that some of his deepest convictions were reflected in a book titled, "Unto this Last" and the book transformed his life, what was the message from the book that transformed Mahatma Gandhi? (UPSC 2011)
A. Uplifting the oppressed and poor is the moral responsibility of an educated man.
B. The good of individual is contained in the good of all.
C. The life of celibacy and spiritual pursuit are essential for a noble life.
D. All the statements (a), (b) and (c) are correct in this context.
Answer: B
4. When was the infamous section 124-A relating to 'sedition' was incorporated into the Indian Penal code by an Act XXVII? (UGC NET 2020)
A. 1860 B. 1861 C. 1870 D. 1879
Answer: C
5. With reference to Rowlatt Satyagraha, which of the following statements is/are correct? (UPSC 2015)
1. The Rowlatt Act was based on the recommendations of the 'Sedition Committee'.
2. In Rowlatt Satyagraha Gandhiji tried to utilize the Home Rule League.
3. Demonstrations against the arrival of the Simon Commission coincided with Rowlatt Satyagraha.
Select the correct answer using the code given below.
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B
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Source:Indianexpress
BRICS
1. Context
Pakistan has applied for membership in the BRICS grouping and sought Russia’s support, Pakistan has filed an application to join the BRICS group of nations in 2024 and is counting on Russia’s assistance during the membership process, Russia’s official TASS news agency reported
2. BRICS
- The BRICS alliance, composed of Brazil, Russia, India, China, and South Africa, has evolved from an economic consortium to a multifaceted geopolitical force.
- Emerging economies with considerable potential, these countries together form a collective that challenges traditional power dynamics and fosters cooperation in an increasingly interconnected world.
3. Formation and Evolution
- BRICS was officially established in 2006, with the objective of fostering economic growth, development, and cooperation among member nations.
- Over time, it has transformed into a platform for addressing a broader spectrum of global challenges, encompassing political, security, and social concerns alongside economic issues.
4. Geopolitical Relevance
- Counterbalance to Western Influence: BRICS serves as a counterweight to the dominance of Western powers. The coalition's diverse representation from different regions empowers non-Western countries to assert their interests on the global stage.
- Global South Unity: BRICS resonates with many countries in the Global South that seek a voice in international affairs. It presents an alternative to the traditional Western-dominated institutions, offering a platform for collaboration and advocacy.
5. Economic Cooperation and Growth
- Economic Powerhouses: Collectively, BRICS nations account for a substantial portion of the world's population and GDP. Their economic potential has led to discussions on reforming global financial institutions to better reflect contemporary realities.
- Intra-BRICS Trade: Trade among BRICS members has grown significantly. Initiatives like the New Development Bank (NDB) and the Contingent Reserve Arrangement (CRA) bolster financial cooperation and stability within the group.
6. Geopolitical Challenges and Opportunities
- Diverse Interests: As BRICS expands and diversifies, differing geopolitical interests may arise, potentially leading to internal divisions. However, this diversity also presents opportunities for creative solutions to global challenges.
- Diplomatic Outreach: BRICS engages with other regional and international organizations, strengthening its influence. The expansion of the group's membership underscores its growing geopolitical relevance.
7. India's Role and Beyond
- India's Diplomacy: India has played an active role within BRICS, emphasizing issues such as counter-terrorism, cybersecurity, and climate change. Its strategic partnerships contribute to the coalition's expansion and its influence in shaping its direction.
- Global Impact: BRICS expansion into a broader coalition incorporating West Asian countries like Egypt, Iran, Saudi Arabia, and the UAE signifies a deliberate shift towards greater global political relevance. This expansion highlights BRICS' adaptability to changing geopolitical dynamics.
8. BRICS New Members Dynamics
- Unanimous Decisions: BRICS decisions require unanimous agreement, reflecting collective decision-making.
- Geopolitical Partnerships: While Russia and China confront West-related challenges, Brazil, South Africa, and India maintain significant partnerships with the US and Europe.
- China's Expansion Drive: China spearheads BRICS expansion, prioritizing membership growth.
- Inclusion of Iran: China and Russia's influence is seen in Iran's inclusion, showcasing their collaboration.
- Mediation Efforts: China's role reconciles rivals Saudi Arabia and Iran within the alliance.
- Saudi Arabia's Shift: Saudi Arabia's entry signifies a move towards an independent foreign policy, diverging from the US alliance.
- Global Significance for Russia and Iran: BRICS membership elevates Russia and Iran's global partnerships, challenging Western dominance.
9. Implications for India
- Strategic Role: India played a lead role in drafting BRICS membership criteria, demonstrating its strategic influence within the alliance.
- Expanded Influence: The inclusion of new members who are strategic partners of India enhances its influence within BRICS.
- Geopolitical Balancing: BRICS expansion allows India to navigate between its ties with the West and its position within this non-Western coalition.
- Global Advocacy: With more representation and diverse members, India can push for UN reforms and increased Global South representation.
- Diplomatic Challenges: India might need to exert more effort to assert its influence in an alliance with a wider range of members and potential competing interests.
- Economic Opportunities: Collaboration with economically strong members like China can lead to enhanced trade and investment prospects for India.
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For Prelims: BRICS, Global South Unity, Western Influence, New Development Bank (NDB), and Contingent Reserve Arrangement (CRA).
For Mains: 1. Discuss the Implications of BRICS' Expansion for India's Geopolitical Positioning and Influence within the Alliance.
2. Analyze India's Role in Shaping BRICS' Membership Criteria and Its Strategic Significance in the Expanded Coalition.
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Previous year Questions1. With reference to a grouping of countries known as BRICS, consider the following statements: (UPSC 2014)
1. The First Summit of BRICS was held in Rio de Janeiro in 2009.
2. South Africa was the last to join the BRICS grouping.
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
2. With reference to BRIC countries, consider the following statements: (UPSC 2010)
1. At present, China's GDP is more than the combined GDP of all three other countries.
2. China's population is more than the combined population of any two other countries.
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
3. The 'Fortaleza Declaration', recently in the news, is related to the affairs of (UPSC 2015)
A. ASEAN
B. BRICS
C. OECD
D. WTO
Answer: B
4.Consider the following statements: (UPSC CSE, 2016)
1. New Development Bank has been set up by APEC. 2. The headquarters of New Development Bank is in Shanghai. 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)
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Source: The Hindu
KAMBALA FESTIVAL
1. Context
Kambala, a popular buffalo racing contest of the coastal Karnataka region, is set to make a splash in Bengaluru this weekend. The folk sport will be held in the heart of the city at Palace Grounds on November 25 and 26 2023
2. Kambala festival
The Kambala festival is an annual traditional buffalo race that takes place in the state of Karnataka, India. It's a centuries-old rural sport primarily conducted in the coastal districts of Dakshina Kannada and Udupi.
Key aspects of the Kambala festival:
- Kambala involves racing pairs of water buffaloes, usually guided by a handler or farmer who runs alongside the animals. The race takes place in slushy, paddy fields, and the buffaloes are driven by a whip-wielding participant
- Historically, Kambala was a sport conducted to appease the gods for a good harvest and to entertain rural communities during the farming off-season. It's deeply rooted in local tradition and cultural practices
- The festival is accompanied by a vibrant atmosphere filled with music, local food stalls, and a sense of community celebration. Villagers gather to witness and cheer on the participating buffaloes and their handlers
3. Setup and Race of Kambala
- The Kambala race takes place on dual muddy tracks filled with water, where pairs of buffaloes, meticulously cared for by their owners and farmers, race while harnessed together with ploughs and ropes.
- These prized buffaloes, well-nourished and tended to, can cover a 140-meter track in under 12 seconds. To ensure the welfare of these animals, the Indian Supreme Court has established guidelines prohibiting any mistreatment or harm.
- Guided by a jockey, referred to as the Kambala runner, this daring individual maneuvers alongside the massive buffaloes on a wooden plank known as "halage," attached to the contraption holding the two animals, called "Negilu."
- Controlling them with a whip or ropes, the runner not only commands the race but also engages spectators by splashing water as high as possible. Like a racing crew at an automotive event, the Kambala venue accommodates numerous buffaloes and their caretakers.
- During the day-long race, two teams of buffaloes, accompanied by their jockeys, dash toward the finish line on the parallel tracks, vying for a spot in subsequent rounds. Prizes are awarded not only for crossing the finish line first but also for splashing water to reach a set target (referred to as "kolu").
- Kambala events kick off after the paddy harvest, typically in October, continuing across Tulu Nadu (the Tulu-speaking regions in South Canara districts) from November to March.
4. Jallikattu
Similar festival like Kambala in Sothern India is Jallikattu festival
- Jallikattu is a traditional bull-taming sport practiced in the Indian state of Tamil Nadu, particularly during the Pongal festival, a harvest festival celebrated in January. It's a centuries-old tradition deeply ingrained in Tamil culture and has garnered both support for its cultural significance and criticism for its treatment of animals
- In Jallikattu, a ferocious bull is released into a crowd of participants. The objective for the participants is to grab hold of the bull's hump and try to control it while it runs through a designated area. The participants attempt to tame the bull without causing harm to the animal.
- allikattu is considered a symbol of valor, courage, and Tamil pride. It's seen as an age-old tradition that showcases the bravery of the participants and the robustness of the bulls, and it holds a significant place in Tamil Nadu's cultural heritage
5. Way forward
The Kambala festival remains a significant cultural event in rural Karnataka, reflecting the traditions, heritage, and community spirit of the region while adapting to contemporary sensitivities regarding animal welfare
Source: Indianexpress
PREVENTION OF MONEY LAUNDERING ACT (PMLA)
1. Context
Recently, The Supreme Court bench hearing petitions challenging the 2022 ruling upholding the Prevention of Money Laundering Act (PMLA) and the powers of the ED under it said that its mandate was not to decide the merits of the matter but only to see if it needs a relook by a larger bench.
2. Why is the PMLA verdict under review?
The PMLA verdict is under review because of several concerns raised by petitioners and legal experts about the constitutionality of the law and the extent of the powers granted to the Enforcement Directorate (ED).
Specific Concerns
- The PMLA's retrospective application, allowing for the prosecution of offences committed before the law's enactment, has been challenged as violative of the fundamental right against ex post facto laws.
- The PMLA places the burden of proof on the accused to establish innocence, a departure from the general principle of criminal law that presumes innocence until proven guilty.
- Critics argue that the PMLA's provisions are overly broad and draconian, giving the ED excessive powers to arrest, detain, and seize assets without adequate judicial oversight.
- The PMLA's lack of adequate safeguards against arbitrary actions and misuse of power has raised concerns about the potential for abuse of authority by the ED.
- The PMLA's provisions have been criticized for potentially infringing upon fundamental rights such as the right to personal liberty, the right to property, and the right against self-incrimination.
3. Money laundering
- Money laundering is the illegal process of making large amounts of money.
- This money is generated by criminal activity but may appear to come from a legitimate source.
- Criminal activities include drug trafficking, terrorist funding, illegal arms sales, smuggling, prostitution rings, insider trading, bribery and computer fraud schemes that produce large profits.
3.1. Different stages in money laundering
Generally, money laundering is a three-stage process:
- Placement: The crime money is injected into the formal financial system.
- Layering: Money injected into the system is layered and spread over various transactions and book-keeping tricks to hide the source of origin.
- Integration: Laundered money is withdrawn from the legitimate account to be used for criminal purposes. Now, Money enters the financial system in such a way that the original association with the crime is disassociated. The money now can be used by the offender as legitimate money.
All three sources may not be involved in money laundering. Some stages could be combined or repeated many times.
3.2. Impact of Money Laundering on Economic Development
Money laundering can have a significant impact on economic development by:
- When money laundering occurs, it can undermine public confidence in banks and other financial institutions. This can lead to increased risk aversion and a decline in investment, which can hamper economic growth.
- Money laundering can distort economic activity by directing funds away from legitimate businesses and into criminal enterprises. This can lead to inefficient allocation of resources and slower economic growth.
- Money laundering can facilitate corruption by providing a means to conceal the proceeds of corrupt activities. This can weaken governance and undermine the rule of law, further hindering economic development.
- Money laundering can also lead to a loss of tax revenue, as criminals seek to evade taxes on their illicit gains. This can deprive governments of much-needed funds for essential services, such as education and healthcare.
- Money laundering is often used to finance organized crime groups, which can lead to an increase in violence and instability.
- Money laundering can also be used to finance terrorist activities, posing a serious threat to international security.
- Money laundering can also have a direct impact on individuals and businesses, who may lose money or be victims of fraud as a result of this crime.
4. Prevention of Money-Laundering Act, 2002 (PMLA)
The Prevention of Money-Laundering Act, 2002 (PMLA) is a comprehensive legislation enacted by the Indian Parliament to combat money laundering and other financial crimes. It aims to prevent the use of proceeds of crime, particularly those derived from drug trafficking, organized crime and corruption, from being laundered and utilized to finance further criminal activities or to gain legitimacy.
4.1. Key Features of the PMLA
- The PMLA prohibits the process of money laundering, defined as the act of concealing or disguising the proceeds of crime.
- The PMLA empowers the Enforcement Directorate (ED), the designated agency for investigating money laundering cases, to attach and seize property derived from or involved in money laundering.
- The PMLA provides for the confiscation of property that is involved in money laundering, even if it is not in the possession of the accused person.
- The PMLA grants the ED extensive powers to conduct searches, make arrests, and detain individuals suspected of money laundering.
- The PMLA facilitates international cooperation in combating money laundering through mutual legal assistance treaties and other mechanisms.
4.2. Significance of the PMLA
The PMLA has played a crucial role in strengthening India's anti-money laundering framework and enhancing its global standing in combating financial crimes. It has enabled the investigation and prosecution of numerous money laundering cases, leading to the recovery of substantial illicit funds.
4.3. Challenges in Implementing the PMLA
Despite its significance, the implementation of the PMLA has faced certain challenges, including:
- The PMLA and other laws, such as the Narcotics Drugs and Psychotropic Substances Act, have overlapping jurisdictions, which can lead to confusion and delays in investigations.
- There have been concerns about the lack of adequate safeguards against arbitrary actions and misuse of power under the PMLA.
- The ED faces resource constraints in terms of manpower and infrastructure, which can hamper its ability to effectively investigate and prosecute money laundering cases.
5. About the Directorate of Enforcement
The Directorate of Enforcement (ED) is an agency in India that primarily deals with the enforcement of economic laws and regulations to combat money laundering, foreign exchange violations, and financial fraud.
The ED is part of the Department of Revenue under the Ministry of Finance, Government of India.
The Directorate of Enforcement was established on 1st May 1956, as the "Enforcement Unit" within the Department of Economic Affairs.
Its primary focus was on preventing and detecting violations of the Foreign Exchange Regulation Act (FERA) of 1947.
Over the years, the agency's role expanded, and in 1999, the Enforcement Directorate was established as a separate entity under the Ministry of Finance.
The enactment of the Prevention of Money Laundering Act (PMLA) in 2002 further broadened its jurisdiction, giving it the power to investigate cases related to money laundering.
Since its establishment, the ED has played a crucial role in combating economic offences and ensuring compliance with economic laws in India.
It has been involved in several high-profile cases, including those related to financial scams, money laundering by influential individuals, and cross-border financial crimes.
The ED collaborates with various domestic and international agencies, including financial intelligence units, law enforcement agencies, and Interpol, to gather information, share intelligence, and effectively coordinate efforts to combat economic offences.
5.1. Functions and Roles of ED
Enforcing Economic Laws: The primary function of the ED is to enforce two key economic laws in India: the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA). It ensures compliance with these laws and investigates money laundering, foreign exchange violations, and economic fraud cases.
- Money Laundering Investigations: The ED investigates cases involving money laundering, which is the process of concealing the origins of illegally obtained money to make it appear legitimate. It identifies and seizes properties and assets derived from illicit activities and prevents their further use.
- Foreign Exchange Violations: The ED is responsible for investigating cases related to violations of foreign exchange laws and regulations. It monitors and controls foreign exchange transactions to maintain the stability of the Indian rupee and prevent illegal activities such as smuggling and illegal money transfers.
- Financial Frauds: The ED also investigates and takes action against financial frauds, including bank frauds, Ponzi schemes, and other fraudulent activities affecting the Indian financial system. It works closely with other law enforcement agencies, such as the Central Bureau of Investigation (CBI), to tackle complex financial crimes.
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For Prelims: Prevention of Money Laundering Act, ED, CBI, Foreign Exchange Management Act,
For Mains:
1. Critically evaluate the Prevention of Money Laundering Act, 2002 (PMLA) in its effectiveness in combating money laundering in India. (250 Words)
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Previous Year Questions
1. Which one of the following is not correct in respect of Directorate of Enforcement? (CDS 2021)
A. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance.
B. It enforces the Foreign Exchange Management Act, 1999.
C. It enforces the Prevention of Money Laundering Act, 2002.
D. It enforces the Prohibition of Benami Property Transaction Act, 1988.
2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)
A. July 2002 B. August 2003 C. July 2004 D. July 2005
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC 2013)
A. 1991 B. 1997 C. 2000 D. 2007
4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020)
A. Foreign Exchange Currency Act
B. Foreign Exchange Finances Act
C. Foreign Exchange Funds Act
D. Foreign Exchange Management Act
5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)
A. Union B. State C. Global D. Concurrent
Answers: 1-D, 2-D, 3-C, 4-D, 5-A
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Source: The Indian Express
MIRABAI
1. Context
Prime Minister Narendra Modi, Uttar Pradesh Chief Minister Yogi Adityanath, and Mathura Member of Parliament Hema Malini attended the 525th birth anniversary of Mirabi at Mathura’s Railway grounds yesterday. PM Modi called on the connection between Mathura and Gujarat and said, “Krishna went to Gujarat to build Dwarka. Mirabai led the latter part of her life in Dwarka.
2. Mira bhai
Mirabai, also known as Meera Bai, was a 16th-century Indian mystic poet and devotee of Lord Krishna. She was born into a royal family in Rajasthan but became renowned for her unwavering devotion to Krishna, which often transcended societal norms and conventions of her time. Mirabai expressed her love and devotion to Krishna through her soulful poetry and devotional songs, known as bhajans.
Her verses spoke of love, longing, and the spiritual union with the divine. Mirabai's devotion to Krishna was seen as radical and unconventional, especially given her royal background, yet her unwavering faith and devotion made her an enduring figure in Indian spirituality.
Mirabai's life and works continue to inspire people, emphasizing the universal nature of love and devotion beyond societal boundaries. Her legacy remains celebrated through her poetry and the cultural significance of her devotion to Lord Krishna.
3. Mirabai literature
Mirabai's literature primarily consists of her devotional poems and songs, known as bhajans, which were composed in the Braj Bhasha and Rajasthani languages. These compositions are revered for their deep spiritual content and emotional intensity, expressing her love and devotion to Lord Krishna.
Her bhajans reflect various themes such as:
Bhakti (Devotion): Mirabai's unwavering devotion to Lord Krishna is the central theme of her compositions. Her poems often depict her longing for union with the divine and her deep love for Krishna.
Spiritual Journey: Mirabai's verses often describe her spiritual journey, portraying the challenges she faced in her devotion and her ultimate reliance on Krishna as her sole refuge.
Society and Conventions: She also addressed societal norms and the challenges she encountered due to her radical devotion. Her refusal to conform to social expectations, especially as a royal woman, is a recurring theme in her works.
Love and Surrender: Her poetry beautifully articulates the themes of love, surrender, and the yearning for a profound spiritual connection with the divine.
4. Bhakti movement
The Bhakti movement was a socio-religious movement in India that emerged around the 7th to 8th centuries and gained momentum between the 15th and 17th centuries. "Bhakti" translates to "devotion" in Sanskrit, and the movement was centred around the idea of intense, personal devotion to a particular deity or supreme being, often outside the confines of traditional rituals and caste distinctions
Key features of the Bhakti movement:
- It emphasized the significance of personal devotion and love towards a chosen deity or the divine, placing greater importance on this emotional connection rather than ritualistic practices or strict adherence to caste-based norms
- The movement transcended social barriers like caste, gender, and religion. It encouraged inclusivity, welcoming people from all walks of life to participate in devotional practices.
- Bhakti found expression in various forms, including devotional poetry, music, dance, and art. Bhakti saints and poets composed verses and songs expressing their intense love and devotion to their chosen deity, which resonated with the common people
- Various saints and mystics across India contributed to the Bhakti movement. Some well-known figures include Ramanuja, Mirabai, Kabir, Chaitanya Mahaprabhu, Tulsidas, and Tukaram, among others. Each had a unique way of expressing devotion and contributed significantly to the movement
- The Bhakti movement manifested differently in various regions of India, adopting different languages, cultural practices, and interpretations while maintaining the core principles of devotion and inclusivity
5. Way forward
Mirabai's literature continues to be revered in Indian culture, and her bhajans are sung and cherished across the country. These compositions have been passed down through generations orally and have also been transcribed into various forms, including books and recordings, ensuring that her spiritual legacy endures
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Previous Year Questions
1.With reference to the religious history of medieval India, the Sufi mystics were known to pursue which of the following practices? (UPSC CSE 2012) 1. Meditation and control of breath 2. Severe ascetic exercises in a lonely place 3. Recitation of holy songs to arouse a state of ecstasy in their audience Select the correct answer using the codes given below: A.1 and 2 only B.2 and 3 only C.3 only D.1, 2 and 3 Answer (D) 1.Evaluate the nature of the Bhakti Literature and its contribution to Indian culture. (UPSC CSE 2021 GS I) 2. The Bhakti movement received a remarkable re-orientation with the advent of Sri Chaitanya Mahaprabhu. Discuss. (UPSC CSE 2018 GS I) |
Source: indianexpress
INTERNATIONAL SPACE STATION (ISS)
1. Context
Recently, the International Space Station (ISS) celebrated its 25th anniversary. This orbital laboratory, a beacon of international cooperation, has served as a pivotal platform for scientific breakthroughs, fostering our understanding of space, microgravity, and the very essence of life itself.
2. About the International Space Station
- The International Space Station (ISS) is a habitable artificial satellite in low Earth orbit that serves as a microgravity research laboratory. It is the largest artificial object in space and the largest international space project in history, involving five participating space agencies: NASA (United States), Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada).
- The ISS was constructed in space over 13 years, with the first module, Zarya, launched on November 20, 1998. The last module, Poisk, was launched on December 10, 2016. The ISS has been continuously crewed since November 2000 and has hosted crews from 21 different countries.
- The ISS is used to conduct scientific research in a variety of fields, including astrobiology, astronomy, meteorology, physics, and materials science. It has also been used to develop new technologies, such as water recycling systems and solar panels.
- The ISS has six sleeping quarters, two bathrooms, a gym, and a 360-degree view bay window. It measures 109 meters (357 feet) end-to-end, and its solar array wingspan is also 109 meters. The ISS orbits Earth 16 times in one day, every 90 minutes to be precise, at a speed of 8 kilometres (5 miles) per second.
3. Astronaut Activities on the ISS
- Astronauts aboard the International Space Station (ISS) primarily engage in scientific experiments, focusing on research that cannot be conducted on Earth. These experiments cover various fields and contribute to scientific breakthroughs.
- Regular spacewalks are undertaken by ISS astronauts to install new components, such as robotic arms, and to perform maintenance tasks. This includes inspecting and repairing damage caused by space debris.
- Due to the effects of microgravity on the human body, astronauts adhere to a strict health regimen. This includes workouts on specially designed machines like treadmills for a minimum of two hours a day.
- As researchers focus on prolonged human habitation in space, ISS astronauts contribute to our understanding of the effects of microgravity. Daily exercise routines are not only for astronaut health but also aid scientific investigations into the potential long-term impacts on the human body.
4. Scientific Discoveries Benefiting Earth
- Astronauts conduct experiments on themselves, monitoring general health, nutrition, and the effects of solar radiation. Scientific breakthroughs from these studies have contributed to our understanding of diseases like Alzheimer's, Parkinson's, cancer, asthma, and heart disease.
- Discoveries on the ISS have directly benefited drug development on Earth. The unique conditions of microgravity allow researchers to study cell behaviour more closely resembling that inside the human body.
- Experiments on the ISS have led to advancements in water purification systems, crucial for sustaining life in space. These innovations have practical applications on Earth, improving water purification technologies.
- Research on the ISS has provided methods to mitigate muscle and bone atrophy caused by extended periods in microgravity. These findings have implications for developing countermeasures to address similar health challenges on Earth.
- Scientific experiments on the ISS have contributed to innovations in food production. These advancements are essential for developing sustainable and efficient food production systems for long-term space missions and have practical applications on Earth.
5. Future of the ISS
- Plans for the future of the ISS faced uncertainty with Russia's invasion of Ukraine, leading to disruptions in international collaborations. Russia's decision to leave the ISS and pursue its own space station further added complexity to the situation.
- New and established spacefaring nations, including Japan, China, India, and the United Arab Emirates, express interest in independent space exploration, marking a shift in the landscape of international collaboration.
- While the US and Europe have expressed commitment to the ISS until 2030, discussions about a post-ISS era are underway. NASA's Artemis program focuses on lunar exploration, while the European Space Agency (ESA) plans the development of a new space station named Starlab.
- The phrase "watch this space" takes on new significance as the ISS navigates geopolitical challenges and evolving ambitions in space exploration. Plans for lunar missions and new space stations signal a transformative era in human space exploration.
6. Conclusion
The ISS has beesn a major success in international cooperation. It has shown that countries from around the world can work together to achieve great things. The ISS has also been a valuable resource for scientific research and has helped us to learn more about space and our place in the universe. The ISS is a vital tool for scientific research, and we must continue to use it to learn more about space and our place in the universe.
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For Prelims: International Space Station, NASA, Roscosmos, JAXA, CSA, European Space Agency, ISRO, Zarya, Posik, artificial satellite, low Earth orbit, space debris
For Mains:
1. Discuss the role of the International Space Station (ISS) in advancing scientific research in microgravity and its contributions to technological innovations. Highlight specific experiments conducted on the ISS that have benefited various fields of science. (250 Words)
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Previous Year Questions
1. What is the purpose of the US Space Agency’s Themis Mission, which was recently in the news? (UPSC 2008)
A. To study the possibility of life on Mars
B. To study the satellites of Saturn
C. To study the colorful display of high-latitude skies
D. To build a space laboratory to study the stellar explosions
2. In the context of space technology, what is “Bhuvan”, recently in the news? (UPSC 2010)
A. A mini-satellite launched by ISRO for promoting distance education in India
B. The name was given to the next Moon Impact Probe, for Chandrayaan-II
C. A geoportal of ISRO with 3D imaging capabilities of India
D. A space telescope developed by India
3. Which of the following pairs is/are correctly matched? (UPSC 2014)
Spacecraft Purpose
1. Cassini-Huygens: Orbiting Venus and transmitting data to theEarth
2. Messenger: Mapping and investigating the Mercury
3. Voyager 1 and 2: Exploring the outer solar system
Select the correct answer using the code given below:
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
4. Recently, scientists observed the merger of giant ‘blackholes’ billions of light-years away from the Earth. What is the significance of this observation? (UPSC 2019) (a) ‘Higgs boson particles’ were detected.
5. India’s first Laser Interferometer Gravitational-Wave Observatory (LIGO) laboratory will be set up in which State? (BPSC 2016) A.Uttar Pradesh B.Maharashtra C.Andhra Pradesh D.Bihar E.None of the above/More than one of the above 6. With reference to the Indian Regional Navigation Satellite System (IRNSS), consider the following statements: (UPSC 2018)
1. IRNSS has three satellites in geostationary and four satellites in geosynchronous orbits.
2. IRNSS covers entire India and about 5500 sq.km beyond its borders.
3. India will have its own satellite navigation system with full global coverage by the middle of 2019.
Which of the statements given above is/are correct?
a)1 only b)1 and 2 only c)2 and 3 only d)None
7. Which of the following is the name of the NASA programme to land first woman and next man on the Moon by 2024? (SSC MTS 2021)
A. Orion
B. Apollo
C. Artemis
D. Nike
8. Consider the following statements: The Mangalyaan launched by ISRO (UPSC 2016)
1. is also called the Mars Orbiter Mission
2. made India the second country to have a spacecraft orbit the Mars after the USA
3. made India the only country to be successful in making its spacecraft orbit the Mars in its very first attempt
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
9. A low earth orbit satellite can provide large signal strength at an earth station because: (ESE Electronics 2011)
A. Path loss is low
B. These orbits are immune to noise
C. Large solar power can be generated at these orbits
D. Lower microwave frequencies in s-band can be used
10. Comprehension
Direction: Read the passage given below and answer the following questions.
Astroscale is a space sustainability company headquartered in Tokyo that is committed to creating solutions for removing potentially dangerous space junk. As space tourism missions to the ISS (International Space Station) become more prevalent, even more attention will have to be paid to orbital highways to ensure their maintenance and cleanliness. It’s more than a courtesy, it’s a matter of space safety. Even without private space tours, the prevalence of space junk and the risk of collisions have skyrocketed with the emergence of SpaceX, OneWeb, and other companies that send thousands of rockets into LEO. It is quickly becoming a safety issue—SpaceX’s huge Starlink project has made Earth’s orbit much more dangerous which is why Astroscale aerospace engineer Jonathan Rasmussen is calling for more accountability from prominent satellite companies around the life and death of satellites and intentional de-orbiting. De-orbiting refers to the discarding of defunct junk in space. “In order to mitigate space debris,” he says. “There should be some form of binding international policy where satellite operators and builders send out their satellites with a predetermined plan for the end of life, where they purposely de-orbit it with their last ounce of fuel versus letting the satellites just float around up there.” The company’s End-of-Life Services demonstration (ELSA-d) mission, launching in less than two months, seeks to exhibit the company’s ability to capably and safely find, dock with, and remove orbital debris. The ELSA-d space debris removal mission revolves around two pieces of machinery: a service vehicle (approximately 175 kg) and a smaller client vehicle (approximately 17 kg). The service vehicle is the deorbiter, which physically seeks out, latches onto, and retrieves target debris objects.
What is space debris? (IBPS Clerk Mains 2021)
A. It is a functional artificial material that is orbiting Earth.
B. It is an artificial material that is orbiting Earth but is no longer functional.
C. It is a natural material orbiting around the Earth. Astrocycle is sending debris to space.
D. It is referred to the collision of the satellites that happens in space.
Answers: 1-C, 2-C, 3-B, 4-B, 5-B, 6-A, 7-C, 8-C, 9-A, 10-B
Mains
1. What is India’s plan to have its own space station and how will it benefit our space programme? (UPSC 2019)
2. Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology helped India in its socio-economic development? (UPSC 2016)
3. International civil aviation laws provide all countries complete and exclusive sovereignty over the airspace above their territory. What do you understand by ‘airspace’? What are the implications of these laws on the space above this airspace? Discuss the challenges which this poses and suggest ways to contain the threat. (UPSC 2014)
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Source: The Indian Express
