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DAILY CURRENT AFFAIRS, 13 DECEMBER 2023

CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS AMENDMENT BILL 2023

 

1. Context

The Rajya Sabha on Tuesday passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, which will guide the appointment of the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) in future

2. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, was introduced in Rajya Sabha on August 10, 2023.  It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

  • Election Commission: As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide.  The CEC and other ECs are appointed by the President.  The Bill specifies the same composition of the Election Commission.  It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.

  • Selection Committee: The Selection Committee will consist of (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as a member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as a member.  If the Leader of the Opposition in Lok Sabha has not been recognized, the leader of the single largest opposition party in Lok Sabha will assume the role.

  • Search Committee: A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee.  The Search Committee will be headed by the Cabinet Secretary.  It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.  The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.

  • Qualification of CEC and ECs: Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs.   Such persons must have expertise in managing and conducting elections.

  • Salary and allowances: The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge.  The Bill provides that the salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.

  • Term of office: The 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier.  If an EC is appointed as the CEC, his total term cannot exceed six years.  The Bill retains the same tenure.  Further, under the Bill, the CEC and other ECs will not be eligible for re-appointment.

  • Conduct of business: All business of the Election Commission is to be conducted unanimously.  In case of a difference of opinion between the CEC and the other ECs on any matter, it shall be decided through the majority.

  • Removal and resignation: Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge.  This is done through an order of the President, based on a motion passed by both Houses of Parliament in the same session. The motion for removal must be adopted with (i) majority support of total membership of each House, and (ii) at least two-thirds support from members present and voting.  An EC can only be removed from office on the recommendation of the CEC.  The Bill retains this removal procedure.

  • Further, the 1991 Act provides that the CEC and other ECs may submit their resignation to the President.  The Bill has the same provision. 

3. Election Commission of India

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India at both the national and state levels. Its primary functions are to conduct free and fair elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and State Legislative Councils. Here are some key points about the Election Commission of India:

  • Constitutional Body: The Election Commission of India is a constitutional body established under Article 324 of the Indian Constitution. It was set up in 1950.
  • Independence: The Election Commission is designed to be an independent and impartial body. The Chief Election Commissioner (CEC) and other Election Commissioners are appointed by the President of India and can only be removed through impeachment by the Parliament.
  • Composition: The Election Commission consists of a Chief Election Commissioner (CEC) and a maximum of two Election Commissioners, although it can function with just the CEC.
  • Election Management: The ECI is responsible for overseeing all aspects of election management, including voter registration, candidate nominations, the conduct of elections, and the counting of votes.
  • Electoral Rolls: It maintains and updates the electoral rolls (voter lists) for all elections in the country. Ensuring the accuracy of these rolls is essential for fair elections.
  • EVMs and VVPATs: The ECI oversees the use of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) to ensure transparency and accuracy in the voting process.
  • Code of Conduct: It enforces the Model Code of Conduct during elections, which sets ethical standards and guidelines for political parties and candidates during the election period.
  • Delimitation: The ECI is responsible for delimitation (redefining) of constituencies, which is done periodically to ensure equitable representation.
  • Election Observers: The ECI appoints election observers to monitor the conduct of elections and report any violations.
  • Educational Programs: It conducts voter education and awareness programs to encourage voter participation and inform citizens about the electoral process.
  • Advisory Role: The ECI provides advice to the President of India and the Governors of States on matters related to disqualification of members of Parliament and State Legislatures.
  • Regulatory Functions: The ECI also registers political parties and allocates symbols to them. It monitors campaign finance and enforces rules related to political donations and expenditures.
  • Transparency: The ECI strives to ensure transparency, fairness, and integrity in the electoral process to uphold the principles of democracy in India.

The Election Commission plays a crucial role in the functioning of Indian democracy by ensuring that elections are conducted fairly and that the voice of the people is accurately represented in government.

4. Powers and Functions

The Election Commission of India (ECI) is vested with a wide range of powers and functions to ensure the conduct of free and fair elections in India. These powers and functions are outlined in the Indian Constitution and various election-related laws. Here are the key powers and functions of the Election Commission of India:

  • Conducting Elections: The ECI is responsible for conducting elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and State Legislative Councils.
  • Electoral Rolls: The ECI prepares and maintains the electoral rolls (voter lists) for all elections in India. It ensures the accuracy and completeness of these rolls.
  • Delimitation: The ECI conducts delimitation exercises to define the boundaries and constituencies of electoral areas to ensure equitable representation.
  • Election Schedule: It determines the schedule for elections, including the dates for filing nominations, polling, and vote counting.
  • Model Code of Conduct: The ECI enforces the Model Code of Conduct (MCC) during elections, which sets ethical standards and guidelines for political parties and candidates during the election period.
  • Registration of Political Parties: The ECI registers political parties and allocates symbols to them. It also monitors compliance with the rules and regulations governing political parties.
  • Campaign Finance: It monitors and regulates campaign finance, including political donations, election expenditure, and the submission of audited financial reports by political parties.
  • Election Observers: The ECI appoints election observers to monitor the conduct of elections, report any violations, and ensure the smooth functioning of the electoral process.
  • EVMs and VVPATs: The ECI is responsible for the deployment and maintenance of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) to ensure transparency and accuracy in the voting process.
  • Voter Education: It conducts voter education and awareness programs to educate citizens about the importance of voting, the electoral process, and their voting rights.
  • Disqualification of Members: The ECI advises the President of India and the Governors of States on matters related to the disqualification of members of Parliament and State Legislatures.
  • Advisory Role: The ECI provides advice and recommendations to the President and Governors on various electoral matters and issues related to the election process.
  • Monitoring and Enforcement: The ECI monitors political activities, party campaigns, and the conduct of elections to ensure compliance with electoral laws and regulations.
  • Transparency and Accountability: It ensures transparency and accountability in the electoral process to maintain public confidence in the integrity of elections.
  • Overseeing By-Elections: The ECI conducts by-elections (also known as bye-elections) to fill vacant seats in legislatures.
  • Counting and Declaration of Results: The ECI oversees the counting of votes and the declaration of election results, ensuring transparency and accuracy.
  • Redressal of Election-related Disputes: The ECI also plays a role in the adjudication of election disputes, along with other competent authorities.

These powers and functions empower the Election Commission of India to fulfill its crucial role in upholding the principles of democracy and ensuring that elections are conducted in a fair, transparent, and impartial manner in the world's largest democracy.

For Prelims: Election Commission of India, President, Prime Minister, Leader of Opposition, Chief Election Commissioner (CEC), Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs).

For Mains

1. The Election Commission of India is often hailed as the guardian of democracy. Discuss the constitutional provisions and the various measures it takes to ensure free and fair elections in the country. (250 words).

2. Examine the role of the Election Commission of India in regulating the influence of money in politics. How effective have its measures been in curbing electoral malpractice related to campaign finance? (250 words).

 

Previous year Questions

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.

2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 2 only

C. 2 and 3 only

D. 3 only

Answer: D

2.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019)
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

Answer (b)

1.In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC Mains GS2, 2018)

Source: PSR Legislative

INDEX OF INDUSTRIAL PRODUCTION (IIP)

1. Context

India’s factory output grew at a 16-month high rate of 11.7% in October 2023, recovering from a three-month low rate of 5.8% in September, thanks to base effects from last year when output had dropped 4.1%.

Manufacturing output grew 10.4%, as opposed to a 5.8% contraction in October 2022, but was merely 0.4% over this September. 19 of 23 manufacturing sectors grew in October

2. About the Index of Industrial Production (IIP)

  • The Index of Industrial Production (IIP) is a macroeconomic indicator that measures the changes in the volume of production of a basket of industrial goods over some time.
  • It is a composite index that reflects the performance of the industrial sector of an economy.
  • The IIP is compiled and released by the Central Statistical Organisation (CSO) in India.
  • The IIP is calculated using a Laspeyres index formula, which means that the weights assigned to different industries are based on their relative importance in a base year. The current base year for the IIP is 2011-12.
  • The eight core sector industries represent about 40% of the weight of items that are included in the IIP.
  • The eight core industries are Refinery Products, Electricity, Steel, Coal, Crude Oil, Natural Gas, Cement and Fertilizers.
  • It covers 407 item groups included into 3 categories viz. Manufacturing, Mining and Electricity.
  • The IIP is a useful tool for assessing the health of the industrial sector and the overall economy.
  • It is used by policymakers, businesses, and investors to track trends in industrial production and make informed decisions.

3. Significance of IIP

The IIP is a significant economic indicator that provides insights into the following aspects

  • The IIP reflects the growth or decline of the industrial sector, which is a major contributor to overall economic growth.
  • The IIP measures the level of industrial activity, indicating the production volume of various industries.
  • The IIP serves as a guide for policymakers to assess the effectiveness of economic policies and make informed decisions.
  • Businesses use the IIP to assess market conditions, make production plans, and evaluate investment opportunities.
  • The IIP influences investor sentiment as it reflects the overall health of the industrial sector.

4. Service Sector and IIP

  • The IIP does not include the service sector. It focuses on the production of goods in the industrial sector, such as manufacturing, mining, and electricity.
  • The service sector is measured by a separate index, the Index of Services Production (ISP).
  • The IIP data is released monthly by the Central Statistical Organisation (CSO) in India.
  • The data is released with a lag of six weeks, allowing for the collection and compilation of information from various industries.

6. Users of IIP Data

The IIP data is used by a wide range of stakeholders, including:

  • Government agencies and central banks use the IIP to assess economic conditions and formulate policies.
  • Companies use the IIP to evaluate market trends, make production decisions, and assess investment opportunities.
  • Investors use the IIP to gauge the health of the industrial sector and make investment decisions.
  • Economic analysts and researchers use the IIP to study economic trends and develop forecasts.
  • The IIP is widely reported in the media and is of interest to the general public as an indicator of economic performance.

7. Manufacturing Drives Industrial Production Growth

  • Factory output gained on the back of a 9.3 per cent increase in manufacturing, which accounts for 77.6 per cent of the weight of the IIP (Index of Industrial Production).
  • Manufacturing output had grown by 5 per cent in July and had contracted by 0.5 per cent in August 2022.
  • In absolute terms, it improved to 143.5 in August from 141.8 in July and 131.3 in the year-ago period.
  • As per the IIP data, seven of the 23 sectors in manufacturing registered a contraction in August, with furniture, apparel, and computer and electronics among the significant non-performers.
  • Among the performing sectors, fabricated metal products, electrical equipment and basic metals fared better.
  • Garments and chemicals witnessed negative growth. This can be attributed to lower growth in exports as these two are export-dependent.
  • The electronics industry also witnessed negative growth, which again can be linked to existing high stocks and lower export demand.
  • In terms of the use-based industries, consumer durables output returned to positive territory for the second time this fiscal with 5.7 per cent growth in August, reflecting a pickup in consumption demand.
  • However, it came on the back of a 4.4 per cent contraction in consumer durables output in the year-ago period.
  • Primary, infrastructure/ construction, and capital goods recorded double-digit growth rates in August at 12.4 per cent, 14.9 per cent and 12.6 per cent, respectively.
 
For Prelims: The Index of Industrial Production (IIP), Central Statistical Organisation, 
For Mains: 
1. Discuss the significance of the Index of Industrial Production (IIP) as an economic indicator and its role in assessing the health of the industrial sector and the overall economy. (250 Words)
 
 
 Previous Year Questions
 
1. In India, in the overall Index of Industrial Production, the Indices of Eight Core Industries have a combined weight of 37.90%. Which of the following are among those Eight Core Industries? (UPSC CSE 2012)
1. Cement
2. Fertilizers
3. Natural gas
4. Refinery products
5. Textiles
Select the correct answer using the codes given below:
A. 1 and 5 only       B. 2, 3 and 4 only           C. 1, 2, 3 and 4 only         D. 1, 2, 3, 4 and 5
 
Answer: C
 
 
Source: indianexpress

NET ZERO

 
 
1. Context
In a bid to attain a net-zero emissions status, more than 20 countries have pledged to triple the global nuclear installed capacity by 2050, at the COP28 climate meeting. Just as in the case of the pledge tripling renewable energy, India is not a part of the nuclear energy commitment as well, in keeping with its position not to join alliances outside the COP process
 
2. What is Net Zero?
Net zero refers to achieving a balance between the amount of greenhouse gases produced and the amount removed from the atmosphere. It's a state where the net emissions of greenhouse gases, such as carbon dioxide, are reduced to as close to zero as possible. This balance can be achieved by either eliminating greenhouse gas emissions entirely or by offsetting emissions through various means, such as carbon capture and storage or investing in projects that remove greenhouse gases from the atmosphere, like afforestation or reforestation initiatives. The goal of reaching net zero is crucial in combating climate change and stabilizing global temperatures
 
3. Why is net zero important?

Net zero is critical in the fight against climate change for several reasons:

Limiting global warming:

  • The Intergovernmental Panel on Climate Change (IPCC) states that reaching net zero by mid-century is crucial to limiting global warming to 1.5°C above pre-industrial levels. This goal is essential to avoid the worst impacts of climate change, such as extreme weather events, rising sea levels, and mass extinctions.
  • By balancing emissions and removals, we prevent the further accumulation of greenhouse gases in the atmosphere, stabilizing the climate system and preventing further damage.

Environmental benefits:

  • Reducing greenhouse gas emissions also leads to cleaner air, benefiting public health and reducing respiratory illnesses.
  • Limiting warming protects ecosystems and the biodiversity they support, preserving vital natural resources and services.
  • By lowering carbon dioxide levels, net zero helps mitigate ocean acidification, which is harmful to marine life and ecosystems.

Economic and social benefits:

  • The transition to net zero creates opportunities for new technologies, industries, and jobs, driving economic growth and innovation.
  • Reducing reliance on fossil fuels enhances energy security and independence from volatile global markets.
  • Climate change poses a serious threat to human health. Achieving net zero reduces these risks and promotes healthier communities.

Global cooperation:

  • Net zero is a global challenge requiring international collaboration and cooperation. Achieving this goal requires all nations to contribute and share best practices.
  • We have a moral obligation to future generations to protect the planet and ensure a sustainable future. Net zero is an essential step in this direction
 
4. How can net zero be achieved?
 
Achieving net zero involves a multifaceted approach across various sectors. Here are some key strategies:
  • Transitioning from fossil fuels to renewable energy sources like solar, wind, hydroelectric, and geothermal power is crucial. This involves increasing renewable energy capacity and enhancing energy efficiency
  • Encouraging the use of electric vehicles, heat pumps, and other clean technologies can reduce emissions in transportation, heating, and cooling sectors
  • Improving energy efficiency in buildings, industries, and appliances can significantly reduce energy consumption and emissions
  • Implementing technologies that capture carbon dioxide emissions from industrial processes and power generation, followed by storing or utilizing it, can help offset emissions
  • Protecting and restoring forests, wetlands, and other ecosystems can capture and store carbon dioxide naturally, contributing to offsetting emissions
  • Encouraging industries to adopt cleaner production methods, such as low-carbon cement production or sustainable agricultural practices, can reduce emissions
  • Implementing policies like carbon pricing, emissions regulations, and incentives for renewable energy can drive the transition to net zero
  • Investing in research and development of new technologies, materials, and processes that produce fewer emissions is crucial for long-term sustainability
  •  Encouraging individuals and communities to adopt sustainable practices like reducing meat consumption, using public transportation, and embracing energy-efficient habits contributes to emissions reduction
5. Net Zero vs Carbon Nuetral
 
Subject Net Zero Carbon Neutral
Definition Achieving a balance between emissions produced and removed from the atmosphere, ideally resulting in no net emissions. Offsetting or balancing the emissions released with an equivalent amount of emissions removed or avoided elsewhere.
Focus Focuses on achieving a balance of overall greenhouse gas emissions, not necessarily zero emissions for all activities. Primarily focuses on balancing carbon dioxide emissions, often through offsets or carbon credits.
Scope Includes all greenhouse gases, not just carbon dioxide, aiming to balance the overall emissions footprint. Primarily centered on carbon dioxide emissions, sometimes excluding other greenhouse gases.
Time frame Doesn't necessarily imply immediate zero emissions but aims to balance emissions over time, potentially allowing some emissions with equivalent removal. Allows for ongoing emissions if they are compensated by an equivalent amount of carbon removal or offsetting.
Strategies Involves reducing emissions as much as possible and offsetting remaining emissions through various methods like carbon capture, afforestation, etc. Focuses on offsetting carbon emissions through projects that remove or prevent an equivalent amount of carbon dioxide from entering the atmosphere.
Target Generally considered a more ambitious goal as it aims to ultimately eliminate or balance all greenhouse gas emissions. May be perceived as a less ambitious goal since it primarily targets carbon emissions and allows for offsetting rather than complete elimination.

 

6. Way forward
At the COP28 event, the IAEA director general also announced that a first of its kind Nuclear Energy Summit would be held in Brussels in March next year to discuss the role of nuclear energy in reducing the use of fossil fuels, enhancing energy security and boosting economic development
 
Source: indianexpress

UNBATED FOSSIL FUELS

 
 
1. Context
At the ongoing COP28 climate summit, one phrase that has taken the centrestage is “unabated” fossil fuels
The phrase is inextricably tied to Carbon Capture and Storage (CCS) technologies — a hotly debated subject between oil and gas producers, and climate experts. Here is a look at the issue.
 
2. What are ‘unabated’ fossil fuels?
  • When discussing fossil fuels, the term "unabated" indicates taking no action to reduce the release of carbon dioxide (CO2) and other greenhouse gases emitted from burning coal, oil, and natural gas.
  • On the other hand, "abated" refers to efforts aimed at reducing the emission of harmful substances to a level considered acceptable. However, there's a lack of clarity regarding what this acceptable level is and the means to achieve it.
  • Furthermore, there exists no universally recognized or internationally agreed-upon definition for these terms. The closest approximation to a widely accepted definition is found in the footnote of the UN Intergovernmental Panel on Climate Change (IPCC) scientific advisory body's recent benchmark report.
  • It specifies that unabated fossil fuels are those released "without interventions that substantially reduce" greenhouse gas emissions.
  • According to the report, this would involve capturing at least 90% of CO2 emissions from power plants or up to 80% of methane leaked during energy production and transportation.
  • Discussions surrounding fossil fuel abatement primarily center around CCS (carbon capture and storage) technologies, which capture emissions from power plants or industrial facilities and sequester them underground. However, opinions on this topic remain deeply divided.
  • While oil and gas-producing companies and countries view carbon capture as a crucial element in reducing greenhouse gas emissions, climate activists and experts contend that its effectiveness is limited.
  • In a statement issued in July, the European Union and 17 nations, including Germany, France, Chile, New Zealand, and climate-vulnerable island states, emphasized that carbon capture technologies should not be seen as a replacement for substantial reductions in fossil fuel use and caution against excessive reliance on them
3. Carbon Capture and Storage Technologies
  • The International Energy Agency (IEA) has highlighted that modern CCS technologies in power and industrial plants can capture approximately 90% of the CO2 emissions.
  • However, a 2022 report from the Institute for Energy Economics and Financial Analysis (IEEFA), a global think tank focusing on energy markets, found that most of the 13 prominent CCS projects analyzed globally either performed below expectations or encountered complete failure.
  • Furthermore, Climate Analytics, a climate science and policy institute based in Germany, conducted an analysis indicating that heavy reliance on CCS might result in an additional release of 86 billion tonnes of greenhouse gases into the atmosphere between 2020 and 2050.
  • This would occur if carbon capture rates reach only 50% instead of the anticipated 95%, and upstream methane emissions remain high.
  • The projected emissions would surpass double the global CO2 emissions in 2023. The analysis cautioned against the misconception that CCS could effectively limit the global temperature rise below 1.5 degrees Celsius, especially in the context of expanding fossil fuel projects. Additionally, it emphasized the considerable expense associated with CCS technologies, highlighting that shutting down a coal plant and substituting it with a mix of renewable energy sources like wind, solar, and batteries proves more cost-effective than attaching a carbon capture device to the plant
4. Way forward
There is a chance that the COP28 meeting’s final declaration might mention phase out or phase down of unabated fossil fuels. If this happens, many are concerned that it would allow countries and fossil fuel companies to continue to burn fossil fuels as long as they capture the emissions and store it underground
 
Source: Indianexpress

BHARATIYA NYAYA SANHITA 2023

 
 
1. Context
The Centre has decided to withdraw the three new criminal law bills from Lok Sabha to bring in new draft laws, reflecting some of the changes suggested by the Parliamentary panel, including replacing “mental illness” as a defence of the accused with “unsound mind” in the Bhartiya Nyay Samhita (BNS) 2023
 
2.Bharatiya Nyaya Sanhita (BNS), 2023
  • Bharatiya Nyaya Sanhita (BNS), 2023 is a proposed new penal code for India. It was introduced in Lok Sabha on August 11, 2023, and is currently being debated in Parliament.
  • The BNS would repeal and replace the Indian Penal Code, 1860 (IPC). The IPC is the principal law on criminal offences in India, and has been in force for over 160 years.
  • The BNS aims to bring about a comprehensive transformation in the way justice is administered in India.
  • It introduces new categories of offences, such as cybercrimes, terrorism, hate crimes, honour crimes, and mob lynching. It also offers special provisions for protecting women, children, senior citizens, and other vulnerable sections of society.

2.Bhartiya Saksha(BS) Bill, 2023

  • The Bhartiya Saksha (BS) Bill, 2023 is a bill that was introduced in the Lok Sabha, the lower house of the Indian Parliament, on August 11, 2023. The bill is intended to replace the Indian Evidence Act, 1872.
  • The BS Bill is a comprehensive piece of legislation that sets out the rules and principles of evidence in India. It covers a wide range of topics, including the admissibility of evidence, the burden of proof, and the presumption of innocence.
  • One of the most significant changes that the BS Bill makes is to the admissibility of electronic records as evidence. The current Evidence Act only allows paper documents to be entered as evidence.
  • The BS Bill, on the other hand, explicitly allows electronic records to be admitted as evidence, provided that they have been authenticated. This is a major change that will have a significant impact on the way evidence is collected and presented in court

3.Bharatiya Nagarik Suraksha Sanhita (BNSS)

  • Bharatiya Nagarik Suraksha Sanhita (BNSS) is a bill that was introduced in the Lok Sabha, the lower house of the Indian Parliament, on August 11, 2023. The bill is intended to replace the Code of Criminal Procedure, 1973.
  • The BNSS is a comprehensive piece of legislation that sets out the procedures for the investigation, prosecution, and trial of offences in India. It covers a wide range of topics, including the arrest of suspects, the collection of evidence, and the rights of the accused.
  • One of the most significant changes that the BNSS makes is to the period of police custody. Under the current Code of Criminal Procedure, a suspect can be held in police custody for up to 15 days.
  • The BNSS, on the other hand, allows for a period of up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This is a major increase in the powers of the police and has been criticized by some as a threat to the rights of the accused.

4.Police and Judicial Custody

 

Under the CrPC, there are provisions related to police custody and judicial custody:

  1. Police Custody: Section 167 of the CrPC deals with the period of police custody. In general, the maximum duration of police custody is 15 days, but it is subject to certain conditions and safeguards. After the arrest, a person can be detained in police custody for a maximum of 24 hours. However, if the investigation requires further detention, the police can apply to a magistrate for permission to extend custody. The magistrate can grant police custody for a total period not exceeding 15 days in the aggregate.

  2. Judicial Custody: If the police custody exceeds the initial 24 hours or the 15-day limit, the accused must be produced before a magistrate. The magistrate can then decide whether the accused should be remanded to judicial custody. Judicial custody can be for a longer duration, and the accused may apply for bail during this time.

The Bharatiya Nagarik Suraksha Sanhita (BNSS), which was passed by the Indian Parliament in 2023, has a number of provisions that regulate the duration of police custody and judicial custody.

  1. Police custody

Under the BNSS, a suspect can be held in police custody for up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This is a major increase from the 15-day limit under the Code of Criminal Procedure, 1973 (CrPC).

In contrast, under the CrPC, a suspect can be held in police custody for up to 24 hours for a bailable offence, and up to 15 days for a non-bailable offence. The police can seek an extension of the custody period for a maximum of 15 days, but this extension must be approved by a magistrate.

  1. Judicial custody

A suspect who is produced before a magistrate after the expiry of the police custody period is remanded to judicial custody. The duration of judicial custody is determined by the magistrate, and can be up to 60 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years.

The BNSS also introduces a new provision for the detention of a suspect in judicial custody for a period of up to 180 days for offences punishable with death, life imprisonment, or imprisonment for a period of not less than 10 years. This provision is subject to the approval of a high court.

5. Way forward

The increase in judicial custody has also been criticized by human rights groups and lawyers, who argue that it is unnecessary and could lead to the pre-trial detention of suspects for prolonged periods of time. They point out that the presumption of innocence is enshrined in the Indian Constitution, and that suspects should only be detained if there is a reasonable suspicion that they have committed an offence.

The government has defended the increase in judicial custody, arguing that it is necessary to prevent suspects from fleeing the country or destroying evidence. They point out that the CrPC's 60-day limit is often not enough time to complete the trial of serious offences

Source: Indianexpress

 

ANARCHO-CAPITALISM

 
 
1. Context
The term has recently gained popularity with Javier Milei, a self-proclaimed anarcho-capitalist, winning the presidential elections of Argentina. The political philosophy calls for the abolition of the state and for law and order to be controlled by private companies
 
2. What is Anarcho-Capitalism?
Anarcho-capitalism refers to a political philosophy which calls for the abolition of the state and for the provision of law and order to be controlled by private companies in a free market. The term was coined by American libertarian economist Murray Rothbard, while Belgian political economist Gustave de Molinari is considered to be the first anarcho-capitalist. It has recently gained popularity with Javier Milei, who calls himself an anarcho-capitalist

Anarcho-capitalism is a political philosophy that combines elements of anarchism with a strong emphasis on free-market capitalism. It advocates for a society where individual liberty is maximized, and the government's role is either severely limited or entirely abolished.

In anarcho-capitalism:

Minimal Government: The belief is in the absence of a centralized government. Instead, governance and societal functions are expected to be handled by voluntary associations, private institutions, and free-market competition.

Private Property Rights: The philosophy strongly supports absolute private property rights, where individuals or voluntary groups can own and control property without government interference. This includes not only physical property but also intellectual property.

Free Market: Anarcho-capitalists advocate for completely unregulated markets, believing that in a free market, individuals can freely exchange goods and services without government intervention, which they argue leads to efficiency, innovation, and prosperity.

Voluntary Interactions: All interactions, including economic transactions and associations, should be voluntary and based on mutual consent. This principle extends to relationships between individuals, businesses, and other entities.

Anarcho-capitalism is a radical ideology that challenges the conventional role of government and promotes a society based on voluntary cooperation, individual freedom, and unrestricted capitalism. Critics argue that it may lead to inequalities, exploitation, and potential monopolistic control in the absence of regulatory oversight

3. How does it work?

  • Traditionally, proponents of free markets have upheld the idea that most goods and services should be privately provided, excluding services like police and courts, which were deemed exclusive to the state.
  • Anarcho-capitalists, however, assert that competitive private companies operating within a free market can efficiently deliver policing and legal services, often surpassing state offerings in terms of both quality and cost.
  • They argue that just as private companies presently outperform governmental entities in providing cars, telecommunications, and similar services at more affordable rates, these companies could also excel in furnishing a superior police and legal system.
  • In an anarcho-capitalist society, individuals would pay private police and courts to safeguard them against crime and resolve disputes.
  • Anarcho-capitalists contend that since private companies rely on customer support for survival, they would diligently cater to the needs of their clientele.
  • This stands in contrast to the existing state-monopolized police and court system funded by taxpayer money, known for its inefficiencies and delays.
  • Given that citizens are obliged to pay taxes regardless of the quality of state-provided policing and legal services, these services lack accountability to the public.
  • Moreover, the quality of these public services often falls short while their costs remain notably high.
  • Conversely, in an anarcho-capitalist framework, dissatisfied customers could cease payment to a particular private court or police service and switch to a competing service available in the market.
  • In essence, competition would ensure elevated service quality and lower prices for police and legal services within this system
4. Criticism
  • Critics of anarcho-capitalism oppose the idea that essential services like police and judiciary can be provided by multiple firms operating within the same geographic region.
  • They argue that this arrangement would cause conflict between various armed private groups safeguarding the interests of their paying clients, potentially leading to disorder.
  • Additionally, critics highlight concerns that in a market-driven system for police and legal services, the affluent would receive favorable treatment while the less privileged would suffer. They contend that wealthier individuals could easily evade justice by offering higher payments to private police or courts, leaving the poor without recourse.
  • Anarcho-capitalists, however, challenge these assertions made by critics. They argue, firstly, that it wouldn't be prudent for a profit-seeking private police or court to refuse cooperation with competitors to protect a client who may have committed a crime.
  • Such behavior would likely be met with resistance from rival firms, risking loss of business. Anarcho-capitalists suggest that competing police and courts, aiming to avoid costly standoffs, would agree to operate under certain pre-established rules when conflicts arise between their clients. These rules, they argue, would ultimately emerge from market demands.
  • Anarcho-capitalists also dispute the notion that the poor would face injustice under this system. They highlight that in most market transactions, sellers derive the majority of their revenue not from the wealthy but from the broader society.
  • Consequently, a private court or police firm would be unlikely to solely favor the rich, risking the loss of less affluent customers.
  • Moreover, anarcho-capitalists suggest that the less privileged might actually have better opportunities for justice in such a system as private firms would aim to cater to significant market demand at the lower socioeconomic levels.
  • This stands in contrast to the current state-backed police and legal system where favors are often distributed based on lobbying power
5. Way forward
Anarcho-capitalism is a radical ideology that challenges the conventional role of government and promotes a society based on voluntary cooperation, individual freedom, and unrestricted capitalism. Critics argue that it may lead to inequalities, exploitation, and potential monopolistic control in the absence of regulatory oversight
 
Source: The Hindu

INDIA'S EXTREME RAINFALL CORRIDOR

 
 
 
1. Context
The Indian monsoon has well-known features, such as the onset of the monsoon, the withdrawal, the active and break periods, and the low-pressure systems (or monsoon depressions). Every aspect of the monsoon has been affected by global warming. The total seasonal rainfall has also trended downwards for more than seven decades, due to the differential heating of the land versus the ocean due to global warming. However, this trend has been distributed unevenly through the monsoon season — as manifest in the longer duration but lower intensity of dry spells and the greater intensity of wet spells. While the India Meteorological Department (IMD) has made progress in forecasting extremes, multiple factors can combine to still produce devastating heavy rain events that remain hard to anticipate
 
2. Region where high rainfall Occurs
  • India's monsoon predictions heavily hinge on their association with El Niño and La Niña phenomena, although this link holds true only about 60% of the time.
  • While other global connections exist, translating them into more accurate forecasts necessitates meticulous modeling experiments.
  • Researchers persist in seeking further comprehension, especially concerning impactful extreme rainfall occurrences. A recent study, involving the author, has revealed an intriguing consistency amidst various alterations in monsoon dynamics.
  • These widespread extreme rainfall incidents, referred to as large-scale events, represent simultaneous or nearly simultaneous periods of intense rain distributed along a 'highway' spanning from regions in West Bengal and Odisha to parts of Gujarat and Rajasthan.
  • The most striking revelation is the persistence of this corridor, unchanged from 1901 to 2019.
  • Amidst the apparent disorder in various monsoon elements, the confinement of extreme events within a relatively narrow corridor presents encouraging prospects for refining our understanding. This, in turn, could lead to enhanced predictions of these synchronized extreme rainfall events
3. Monsoon Stability
  • Conventional statistical approaches often fail to capture the intricate connections between multiple centers of rainfall distribution.
  • Utilizing rainfall data from IMD at a 25-km resolution in latitude and longitude, a dataset with considerable depth, sophisticated network analysis becomes feasible, enabling the identification of nodes exhibiting the highest synchronicity in rainfall with neighboring nodes, both nearby and distant.
  • In the context of this study, this analysis revealed that the most active nodes have consistently followed a specific 'highway' for more than a hundred years. Moreover, the distances linking these nodes, representing the scales of synchronicity, have remained relatively stable, averaging around 200 km.
  • To illustrate this phenomenon, one can draw an analogy using popcorn and a kettle. Central India acts as the kettle, warming up from pre-monsoon to monsoon.
  • The rainfall systems during the monsoon resemble kernels of corn popping sporadically within the kettle. However, these kernels exhibit synchronous 'popping,' suggesting that large clusters of popcorn are leaping up simultaneously.
  • Analysis of wind patterns and other atmospheric circulation characteristics indicates that the monsoon region has sustained a notable stability conducive to the formation of these extreme rainfall events. This stability has persisted despite various influences originating from tropical oceans and spanning from pole to pole
  • Monsoon stability in India refers to the consistency or predictability of the seasonal monsoon patterns that bring significant rainfall to the region.
  • It encompasses the reliability of monsoon onset, duration, and the distribution of rainfall across different regions within the country.
  • Stability is gauged by assessing how consistently the monsoon behaves in terms of its timing, intensity, and spatial coverage from year to year.
  • When the monsoon exhibits stability, it allows for better agricultural planning, water resource management, and overall economic activities dependent on rainfall.
  • Conversely, instability or erratic behavior of the monsoon can lead to droughts, floods, and agricultural uncertainties, impacting the livelihoods of millions of people in India. Understanding and predicting the stability of the monsoon is crucial for the country's agricultural productivity and overall socio-economic stability.
4. Findings and Forecast
  • Certain researchers have argued that due to global warming, stationary aspects no longer persist within climate systems.
  • However, the Indian monsoon continues to present unexpected phenomena by effectively coordinating intense rainfall occurrences and adhering to a consistent 'highway' pattern over an extended period.
  • Notably, this pathway also serves as the route for the monsoon depressions, which have exhibited an increase in occurrences at shorter timescales of 3 to 10 days while decreasing at longer frequencies ranging from 10 to 60 days.
  • These alterations are evident during active and break periods, as previously mentioned. The primary factor potentially responsible for confining synchronized extreme rainfall seems to be the mountain range stretching along the west coast and through Central India.
  • Although this proposition necessitates testing within models, its implications for enhancing predictions of such occurrences are undeniable.
  • Moreover, it indicates that augmenting model resolution and computational expenses might not be essential. Rather, emphasis can be directed toward comprehending the dynamics of synchronization.
  • The prospect of mitigating risks posed by large-scale extreme rainfall events at a smaller scale  impacting agriculture, water resources, energy, transportation, health, among others  is enticing. Fortunately, India possesses substantial modeling capabilities and computational resources, positioning it favorably to fully exploit this potential
5. How has the Indian monsoon been affected by global warming? 
Global warming has significantly impacted the Indian monsoon, altering its patterns, intensity, and behavior in various ways:
  • There have been shifts in the distribution and intensity of rainfall during the monsoon season. Some regions experience heavier downpours leading to increased flooding, while other areas face prolonged dry spells and droughts. This variability affects agriculture and water resources
  • The timing of the monsoon's onset and withdrawal has been observed to fluctuate. Sometimes, the onset might be delayed or arrive earlier than usual, affecting planting and harvesting seasons
  • Global warming has led to an increase in extreme weather events within the monsoon season, such as intense rainfall over short periods, which can result in flooding and landslides
  • Erratic rainfall patterns and extreme events impact crop yields, affecting agricultural productivity and food security in the region
  • Rising temperatures during the monsoon season can lead to heat stress and various health issues, affecting vulnerable populations
  • The warming of oceans, including the Indian Ocean, alters the moisture content and atmospheric circulation patterns, influencing the monsoon's behavior
6. Way forward
Overall, while the Indian monsoon has always been variable, global warming exacerbates this variability, leading to more erratic and unpredictable behavior with significant implications for various sectors and communities dependent on monsoon rainfall
 
For Prelims: El Nino, La Lina, GDP, Rainfall, sea surface temperatures, El Nino Southern Oscillation, Monsoon, US National Oceanic and Atmospheric Administration, Oceanic Nino Index, 
For Mains: 
1. What is El Nino? Explain El Nino Threat to India's Monsoon and discuss its impact on Indian Agriculture. (250 Words)
 
 
Previous Year Questions 
 
1. A new type of El Nino called El Nino Modoki appeared in the news. In this context, consider the following statements: (UPSC 2010) 
1. Normal El Nino forms in the Central Pacific ocean whereas El Nino Modoki forms in the Eastern Pacific ocean.
2. Normal El Nino results in diminished hurricanes in the Atlantic ocean but El Nino Modoki results in a greater number of hurricanes with greater frequency.
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. La Nina is suspected to have caused recent floods in Australia. How is La Nina different from El Nino? (UPSC 2011) 
1. La Nina is characterized by unusually cold ocean temperature in the equatorial Indian Ocean whereas El Nino is characterized by unusually warm ocean temperature in the equatorial Pacific Ocean.
2. El Nino has an adverse effect on the south-west monsoon of India, but La Nina has no effect on the monsoon climate.
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: D
 
3. Consider the following statements:  (MPSC 2017)
a. La Nina is a little girl.
b. During the time of La Nina cold water in the ocean rises to the surface.
c. La Nina strengthens the Indian monsoon.
d. During the time of El Nino, trade winds weaken, and warm water moves east in the ocean. Which of the above statements is/are correct? 
A. Only a and b          B. a, b and c         C. Only b and c           D. All of the above
 
Answer: D
 
4. Gross Domestic Product (GDP) of a country is (SSC CGL 2022)
A. Total value of tradable goods produced in a year.
B. Total value of monetary and non-monetary goods and services within a year.
C. Total value of economic transactions done within a country within a year.
D. None of the above
 
Answer: D
 
5. With reference to India economy, consider the following statements: (UPSC 2015)
1. The rate of growth of Real Gross Domestic Product has steadily increased in the last decade. 2. The Gross Domestic Product at market prices (in rupees) has steadily increased in the last decade.
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
 
6. With reference to Ocean Mean Temperature (OMT), which of the following statements is/are correct? (UPSC 2020)
1. OMT is measured up to a depth of 26°C isotherm which is 129 meters in the south-western Indian Ocean during January-March.
2. OMT collected during January-March can be used in assessing whether the amount of rainfall in monsoon will be less or more than a certain long-term mean.
Select the correct answer using the code given below: 
A. 1 only        B. 2 only              C. Both 1 and 2            D. Neither 1 nor 2
 
Answer: B
 
7. With reference to 'Indian Ocean Dipole (IOD)' sometimes mentioned in the news while forecasting Indian monsoon which of the following statements is/are correct? (UPSC 2017)
1. IOD phenomenon is characterised by a difference in sea surface temperature between tropical Western Indian Ocean and tropical Eastern Pacific Ocean.
2. An IOD phenomenon can influence an EI Nino's impact on the monsoon.
Select the correct answer using the code given below:  
A. 1 only    B. 2 only          C. Both 1 and 2           D. Neither 1 nor 2
 
Answer: B
 
8. "EL Nino" refers to a temperature anomaly in the ________ ocean. (NTPC 2017)
A. Indian            B. Pacific        C. Southern             D. Atlantic
 
Answer: B
 
9. The acidification of oceans is increasing. Why is this phenomenon a cause of concern? (UPSC 2012)
1. The growth and survival of calcareous phytoplankton will be adversely affected.
2. The growth and survival of coral reefs will be adversely affected.
3. The survival of some animals that have phytoplanktonic larvae will be adversely affected.
4. The cloud seeding and formation of clouds will be adversely affected.
Which of the statements given above is/are correct? 
A. 1, 2 and 3 only           B. 2 only         C.  1 and 3 only            D. 1, 2, 3 and 4
 
Answer: A
 
Source: The Hindu

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