DIRECTORATE OF ENFORCEMENT (ED)
1. Context
2. 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.
3. Establishment and History
- 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.
4. Functions and Roles of ED
4.1. 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.
4.2. 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.
4.3. 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.
4.4 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.
5. Challenges
5.1. The complexity of economic crimes.
- Economic crimes are often complex and involve a variety of financial transactions.
- This can make it difficult for the ED to trace the proceeds of crime and to build a case against the perpetrators.
5.2. The difficulty of tracing the proceeds of crime
- The proceeds of crime are often hidden in complex financial structures, making it difficult for the ED to track them down.
- The ED also faces challenges in obtaining information from foreign jurisdictions, where the proceeds of crime may have been transferred.
5.3. The lack of international cooperation
- Economic crime is often transnational, making it difficult for the ED to cooperate with foreign law enforcement agencies.
- This is due to differences in legal systems, as well as political and economic considerations.
5.4. Political interference
- The ED has been accused of being used as a political tool by the ruling party to target its opponents and critics.
- This has raised questions about the independence and impartiality of the ED.
5.5. Lack of transparency
- The ED has been criticized for its lack of transparency.
- The agency does not publish its annual reports, and it is difficult to obtain information about its investigations.
- This has made it difficult for the public to hold the ED accountable.
5.6. Human rights violations
- The ED has been accused of violating the human rights of those it investigates.
- The agency has been accused of using coercive tactics, such as prolonged detention and interrogation, to extract confessions from suspects.
5.7. The limited resources
- The ED is a relatively small agency with limited resources.
- This can make it difficult for the ED to investigate complex economic crimes and prosecute the perpetrators.
6. Conclusion
- The Directorate of Enforcement in India plays a crucial role in enforcing economic laws, preventing money laundering, and combating financial crimes.
- With its specialized expertise, investigative capabilities, and coordination with domestic and international partners, the ED contributes to the integrity of the financial system, national security, and the country's overall socio-economic development.
For Prelims: Directorate of Enforcement, Financial Action Task Force, Prevention of Money Laundering Act (PMLA), the Foreign Exchange Management Act (FEMA), Supreme Court, Foreign Exchange Regulation Act (FERA) of 1947, Central Bureau of Investigation,
For Mains:
1. Discuss the establishment and evolution of the Directorate of Enforcement in India. Explain its key functions and roles in combating economic offences. (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.
Answer: D
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
Answer: D
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC 2013)
A. 1991 B. 1997 C. 2000 D. 2007
Answer: C
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
Answer: D
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
Answer: A
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MULLAPERIYAR DAM
The Kerala government has reiterated that a new dam at Mullaperiyar in Idukki is the “only solution” for guaranteeing the safety of lakhs of people who reside in the downstream regions.
Kerala said it would take all possible steps for an amicable settlement with Tamil Nadu on the 120-year-old dam. It noted that the dam’s front and rear faces are constructed of uncoursed rubble masonry in lime mortar. Lime-surkhi concrete constitutes the central core.
2. New Guidelines
- The CWC (Central Water Commission) implemented a set of guidelines for dam construction following Kerala's preparation of the DPR (Detailed Project Report) in 2011. Those informed about the situation mentioned that the costs for various project components have increased since the last DPR, hence the need for a revision.
- Recently, the State government approached the CWC to expedite approval for a new dam's construction. Additionally, the State expressed its readiness to supply water to Tamil Nadu from this new dam.
- Kerala and Tamil Nadu have been embroiled in a prolonged legal dispute regarding the stability and other related aspects of the current dam. Kerala has been advocating for a new dam primarily on safety grounds.
- Both states witnessed significant protests after Kerala raised safety concerns and called for the decommissioning the existing dam
3. What do we Know about the Mullaperiyar Dam?
The Mullaperiyar Dam is located in the southern Indian state of Kerala, but it's owned and operated by the Government of Tamil Nadu.
Here are some key points about the dam:
- Situated in the Western Ghats, the Mullaperiyar Dam is built across the Periyar River in the state of Kerala
- Although the dam is located in Kerala, it is owned, maintained, and operated by the Government of Tamil Nadu based on a 999-year lease agreement signed in 1886
- The primary purpose of the dam is to divert water from the Periyar River's catchment area to the Vaigai River basin in Tamil Nadu for irrigation and drinking water purposes
- The dam has been a subject of contention between Kerala and Tamil Nadu due to concerns over its structural integrity. Kerala has raised concerns about the dam's safety due to its age and the potential risk to downstream areas in case of a dam failure. Tamil Nadu contends that the dam is safe and necessary for meeting its water needs
- The two states have engaged in a prolonged legal battle over the Mullaperiyar Dam's safety and the need for a new dam. Kerala has called for decommissioning the existing dam and constructing a new one, while Tamil Nadu has insisted on raising the dam's water level, citing its necessity for irrigation
- The issue has reached the Supreme Court of India multiple times, and the court has issued various directives regarding the water level and safety measures to address concerns from both states
- Kerala has raised serious concerns about the dam's structural integrity due to its age and the potential risks associated with a dam failure. There have been apprehensions that the dam, which is over a century old, might not withstand a major earthquake or natural calamity, posing a threat to the downstream areas in Kerala
- Tamil Nadu, which owns and operates the dam, asserts its rights to receive a certain amount of water from the Periyar River through the dam for irrigation purposes in the Vaigai River basin. There have been disagreements between the two states regarding the permissible water level in the dam and the quantity of water to be released to Tamil Nadu
- The disagreement between Kerala and Tamil Nadu has escalated into a legal battle that has been ongoing for decades. Both states have filed numerous cases and counter-cases in courts, including the Supreme Court of India, seeking decisions on issues related to the dam's safety, water sharing, and the need for a new dam
- The Mullaperiyar Dam issue has significant political implications for both states. It has been a point of contention in the political landscape of Kerala and Tamil Nadu, with each state advocating for its respective stance on the dam's safety and water-sharing agreements
Periyar river
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- The Dam Safety Act, introduced to the Rajya Sabha in December 2021, aimed to address issues of inadequate monitoring and maintenance that have led to dam-related disasters.
- This legislation outlined specific duties and required the establishment of both national and state-level bodies to enforce its provisions.
- It proposed the creation of a National Committee on Dam Safety responsible for overseeing policies and regulations, a National Dam Safety Authority tasked with implementation and the resolution of state-level disputes, designating the Chairman of the Central Water Commission (CWC) to lead national dam safety protocols, and the formation of State Committees on Dam Safety (SCDS) and State Dam Safety Organizations (SDSO)
- The Dam Safety Act (DSA) 2021 was enacted by the Union Government of India to prevent dam failure-related disasters. The act focuses on the proper surveillance, inspection, operation, and maintenance of specified dams. It also establishes an institutional mechanism to ensure their safe functioning
- The act was notified by the Government of India on December 14, 2021, and came into effect on December 30, 2021.
- The act provides for institutional mechanisms for surveillance, inspection, operation, and maintenance of the specified dams. The Central Water Commission (CWC) provides technical expertise and guidance on all matters related to dams.
- Failure to comply with any provision of the act is punishable with imprisonment and/or fines. If such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, the entity shall be punishable with imprisonment for a term which may extend to two years
Previous Year Questions
1. Which one of the following pairs is not correctly matched? (UPSC CSE 2010) Dam/Lake River (a) Govind Sagar : Satluj Answer: (b) 2.Consider the following statements: (UPSC CSE 2009)
Which of the statements given above is/are correct? (a) 1 only Answer: (d) |
MARITIME RED SEA ROUTE
1. Context
2. About the ancient Red Sea trade route
- For years, it was thought that Roman merchants were the only ones trading with India.
- However, recent evidence shows that Indian merchants and shipowners were also involved in this trade.
- The scale of this trade was massive. According to the latest estimates, custom taxes on the Red Sea trade with India, Persia, and Ethiopia may have generated as much as one-third of the income of the Roman exchequer.
- The principal source for this figure is the Muziris Papyrus, a document that details the purchase of goods from an Indian merchant by an Egyptian financier.
- The Papyrus gives precise details of one particular cargo sent to the Egyptian port of Berenike from Muziris on the coast of Kerala.
- The total value of the goods was 131 talents, which is equivalent to the price of 2,400 acres of farmland in Egypt or a premium estate in central Italy.
3. Roman Empire earnings from this trade
- According to the Muziris Papyrus, the import tax paid on the cargo of almost nine million sesterces was over two million sesterces.
- Working up from these figures, it is estimated that Indian imports into Egypt were worth probably over a billion sesterces per annum, from which the tax authorities of the Roman Empire were creaming off no less than 270 million.
- These vast revenues surpassed those of entire subject countries Julius Caesar imposed a tribute of 40 million sesterces after his conquests in Gaul while the vital Rhineland frontier was defended by eight legions at an annual cost of 88 million sesterces.
4. Goods Traded on the Ancient Red Sea Route
4.1. Roman Imports from India
Luxuries: The Roman Empire had a significant appetite for luxury items from India. This included products like malabathrum, a plant whose leaves were used to create perfume, as well as ivory, pearls, and precious gemstones. Notably, Pompeii contained a shop dedicated solely to ivory products, showcasing the demand for such exotic materials.
Wild Animals: There was a demand for "exotic" goods, including live animals like elephants and tigers from India.
Spices: Pepper was India's major export to Rome. Large quantities of pepper have been discovered in excavations at Berenike, often stored in torpedo-shaped pottery jars, each weighing more than 10 kg. By the end of the first century CE, Indian pepper had become readily available, although it remained an expensive treat. Pepper was a common ingredient in Roman cuisine, with approximately 80 per cent of the recipes in the Roman cookbook of Apicius including it.
4.2. Roman Exports to India
- The flow of goods from Rome to India was more limited. Pliny the Elder noted that gold was a significant export to India, creating a trade imbalance that posed challenges for the Roman economy.
- However, there are records indicating that Indians developed a taste for Roman wine.
- Some limited trade also involved items like olive oil and Garum, an ancient Roman fermented fish paste, which could be likened to contemporary condiments like Tabasco or garam masala.
5. Trade on the Route Before the Common Era
- Evidence of trade along this route dates back to ancient times, including during the time of Meluha, the Indus Valley Civilization (approximately 3300-1300 BCE).
- However, this early trade appears to have been more localized and coastal, involving smaller quantities of goods.
- In Roman times, this trade expanded significantly, with large cargo ships directly connecting the Indian subcontinent to the Roman Empire.
- The Romans played a crucial role in "industrializing" this trade, driven by their economic capacity to purchase the luxury items that India offered.
- The trade flourished, particularly in the 1st and 2nd centuries CE, after the Romans conquered Egypt, which opened up the route to adventurous Roman merchants.
6. Organization of the Trade and Voyage Duration
- The trade along the ancient Red Sea route was highly organized. Merchants in Kerala and shippers in Alexandria engaged in formal contracts.
- Goods were transported in containers, similar to modern shipping practices, where a container would be booked and filled with specific products.
- There are even references to insurance, highlighting the sophistication of this trade network.
- Indian traders recognized the monsoon winds, which blew in different directions in winter and summer due to the heating of the Tibetan Plateau.
- By timing their voyages correctly, they could take advantage of these winds. The journey from India to Egypt, or vice versa, could be completed in about six to eight weeks with the winds behind them.
- However, travellers had to wait for a few months for the winds to change direction.
7. Roles of Indians in the Red Sea Trade
Interest in Seafaring: Indian dynasties displayed a keen interest in seafaring, evident in ancient artwork like the depictions of large double-masted ships in Ajanta caves. Additionally, ships were common symbols of early Indian coins, such as those from the Satavahanas dynasty.
Prominent Role of Indian Sailors: Indian sailors played a prominent role in the Red Sea trade. Graffiti left by Indian sailors, often Gujaratis from Barigaza (modern-day Bharuch), was discovered in the Hoq caves on Socotra Island, a vital stopover at the Gulf of Aden's mouth. These inscriptions, dating from the second to the fifth century CE, were primarily in the Indian Brahmi script, with names like "Vishnu, son of the merchant Ganja" and "Skandabhuti, the Sea Captain." They also featured images of ships, religious symbols, and prayers to deities like Krishna and Radha.
Ownership of Shipping: While historical records suggest that much of the shipping departing from Egyptian Red Sea ports may have been owned by Alexandrian businessmen, it's plausible that Indian merchants and ship owners also had a significant stake in this trade due to the substantial Indian presence in the maritime activities of the period.
8. Comparison with the Silk Road
Silk Road vs. Red Sea Route: The Red Sea trade route, connecting the Indian subcontinent with the Roman Empire through the Red Sea, differs significantly from the concept of the Silk Road. While the Silk Road has gained popularity in modern times, it was entirely unknown in ancient or medieval times. The term "Silk Road" was coined in the late 19th century by Baron von Richthofen, primarily for a proposed railway route.
Historical Accuracy of Silk Road: There is no ancient record, whether from Chinese or Western sources, that mentions the existence of the Silk Road. Even Marco Polo, often associated with this route, never mentions it. The idea of the Silk Road gained prominence only in the 1980s-90s, largely due to its romantic appeal.
Inaccuracy of Silk Road Focus: The Silk Road concept is mostly inaccurate for the Roman period. Instead, during this time, there is no evidence of direct contact or trade between China and Europe. Chinese silk, for example, likely reached Rome through ports in India, travelling overland through Kushana territory in northern India to reach Gujarat and the mouth of the Indus.
9. Emerging Understanding of Indo-Roman Trade
New Evidence and Underplayed History: The recent emergence of a deeper understanding of Indo-Roman trade is attributed in part to the discovery of new archaeological evidence in places like Muziris in Kerala and Berenike in Egypt. Additionally, India has sometimes underplayed its significance as a centre of trade and ideas in the early classical period.
The Significance of the 1st and 2nd Centuries CE: The 1st and 2nd centuries CE represent an intriguing period when India played a vital role in exporting its ideas and luxury goods to the Roman world. This era witnessed the spread of Buddhism to China and the provision of luxury items to Rome. While scholars like Himanshu Prabha Ray have made valuable contributions to this field, there is a need to make their findings more accessible to a wider audience.
10. The Way Forward
- The recent revelations about India's central role in this ancient trade route have opened up numerous questions for exploration.
- For instance, the influence of Buddhist monasticism in India on the development of Christian monasticism in the late Roman period remains a topic of investigation.
- As more information comes to light, researchers can delve further into the connections and impacts of this extensive East-West trade network, shedding new light on the history of these two interconnected worlds.
For Prelims: India-Middle East-Europe Economic Corridor, G20, Roman Empire, Silk Road, ancient Red Sea trade route, Muziris Papyrus, Indus Valley Civilization, Red Sea, Egypt, Tibetan Plateau, Ajanta caves, Satavahanas dynasty, Gulf of Aden, Buddhism,
For Mains:
1. Discuss the significance of the Maritime Red Sea Route in connecting the Indian subcontinent with the Roman Empire. How has recent evidence reshaped our understanding of this trade route compared to the Silk Road? (250 Words)
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Previous Year Questions
1. With reference to the “G20 Common Framework”, consider the following statements: (UPSC 2022)
1. It is an initiative endorsed by the G20 together with the Paris Club. 2. It is an initiative to support Low Income Countries with unsustainable debt. 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: C
2. In which one of the following groups are all the four countries members of G20?
(UPSC 2020)
A. Argentina, Mexico, South Africa and Turkey
B. Australia, Canada, Malaysia and New Zealand
C. Brazil, Iran, Saudi Arabia and Vietnam
D. Indonesia, Japan, Singapore and South Korea
Answer: A
3. Read the statements (A) and (R) and choose the correct option. (CTET 2022)
Assertion (A): The Roman empire carried out trades with South India.
Reason (R): Roman gold coins have been found in South India.
A. Both (A) and (R) are correct and R is the correct explanation of A.
B. Both (A) and (R) are correct and R is not the correct explanation of A.
C. (A) is true, but (R) is false.
D. (A) is false but (R) is true.
Answer: A
4. Who was the first emperor of the Roman Empire? (ACC 122 CGAT 2020)
A. Tiberius B. Mark Antony C. William Shakespeare D. Augustus
Answer: D
5. Comprehension (SSC CGL Tier 2 2020)
Directions:
Read the passage and answer the questions that follow.
The Roman Empire covered a vast stretch of territory that included most of Europe as we know it today and a large part of the Fertile Crescent and North Africa. The Roman Empire embraced a wealth of local cultures and languages; that women had a stronger legal position then than they do in many countries today; but also that much of the economy was run on slave labour, denying freedom to substantial numbers of persons. From the fifth century onwards, the empire fell apart in the west but remained intact and exceptionally prosperous in its eastern half. Roman historians have a rich collection of sources to go on, which we can broadly divide into three groups: (a) texts, (b) documents and (c) material remains. Textual sources include letters, speeches, sermons, laws, and histories of the period written by contemporaries. These were usually called ‘Annals’ because the narrative was constructed on a year-by-year basis. Documentary sources include mainly inscriptions and papyri. Inscriptions were usually cut on stone, so a large number survive, in both Greek and Latin. The ‘papyrus’ was a reed-like plant that grew along the banks of the Nile in Egypt and was processed to produce sheets of writing material that was very widely used in everyday life. Thousands of contracts, accounts, letters and official documents survive ‘on papyrus’ and have been published by scholars who are called ‘papyrologists’. Material remains include a very wide assortment of items that mainly archaeologists discover (for example, through excavation and field survey), for example, buildings, monuments and other kinds of structures, pottery, coins, mosaics, even entire landscapes. Each of these sources can only tell us just so much about the past, and combining them can be a fruitful exercise, but how well this is done depends on the historian’s skill! Which of these statements is NOT true?
A. Archaeologists make discoveries through excavations.
B. Inscriptions were carved in Greek and Latin
C. The Roman empire flourished longer in the west.
D. Texts, documents and material remains were the main sources for the historians
Answer: C
6. In the first century AD, which among the following was not a major item of Indian exports to Rome? (CDS GK 2018)
A. Pepper B. Spikenard C. Tortoiseshell D. Nutmeg
Answer: D
7. Pepper was as valued in Roman Empire that as it was called (CTET 2013)
A. Black magic B. Black charm C. Black stone D. Black gold
Answer: D
8. In the middle of the first century BC, under ________, a high-born military commander, the ‘Roman Empire’ was extended to present-day Britain and Germany. (SSC JE CE 2017)
A. Alexander B. Julius Caesar C. Xerxes D. Caligula
Answer: B
9. Comprehension
Direction: Read the passage carefully and select the best answer to each question out of the given four alternatives.
The Silk Road was a network of trade routes which connected the East and West, and was central to the economic, cultural, political, and religious interactions between these regions from the 2nd century BCE to the 18th century. The Silk Road primarily refers to the land routes connecting East Asia and Southeast Asia with South Asia, Persia, the Arabian Peninsula, East Africa and Southern Europe. The Silk Road derives its name from the lucrative trade in silk carried out along its length, beginning in the Han dynasty in China. The Silk Road trade played a significant role in the development of the civilizations of China, Korea, Japan, the Indian subcontinent, Iran, Europe, the Horn of Africa and Arabia, opening long-distance political and economic relations between the civilizations. Though silk was the major trade item exported from China, many other goods and ideas were exchanged, including religions (especially Buddhism), syncretic philosophies, sciences, and technologies like paper and gunpowder. So, in addition to economic trade, the Silk Road was a route for cultural trade among the civilizations along its network. Diseases, most notably plague, also spread along the Silk Road. Some remnants of what was probably Chinese silk dating from 1070 BCE have been found in Ancient Egypt. The Great Oasis cities of Central Asia played a crucial role in the effective functioning of the Silk Road trade. The originating source seems sufficiently reliable, but silk degrades very rapidly, so it cannot be verified whether it was cultivated silk (which almost certainly came from China) or a type of wild silk, which might have come from the Mediterranean or Middle East. Archeological sites such as the Berel burial ground in Kazakhstan, confirmed that the nomadic Arimaspians were not only breeding horses for trade but also great craftsmen able to propagate exquisite art pieces along the Silk Road.
According to the passage, The Silk Road primarily refers to the land routes connecting to one another. Which routes were not linked by it? (DSSSB Junior Stenographer 2021)
A. East Asia with Southern Europe
B. East Asia with South Asia
C. South America and South Africa
D. East Asia with Persia
Answer: C
10. The term “Silk Route” in the ancient period refers to (CTET 2022)
A. the travelling route of traders from China to other countries carrying silk.
B. Sea routes connecting countries in which silk traders sold their products.
C. roads connecting all the countries in which mulberry plants were cultivated.
D. road and sea routes in which silk products were traded.
Answer: A
11. Who started the ‘Silk-route’ (Marg) for Indians? (UKPSC RO/ARO 2016)
A. Kanishka B. Harshwardhan C. Ashok D. Fahien
Answer: A
12. With reference to ancient South India, Korkai, Poompuhar, and Muchiri were well-known as (UPSC 2023)
A. capital cities B. ports C. centres of iron-and-steel D. making shrines of Jain Tirthankaras
Answer: B
13. Two thousand years ago, a trader narrates that he has been to Gaza, Petra and Apologos. Which of the following trade routes has he travelled through? (CTET 2022)
A. Route controlled by Roman emperors
B. Route under the rulers of Persia
C. Route controlled by Kushanas
D. Route under the rulers of China
Answer: A
14. Red sea is an example of: (UPPSC Civil Service 2017)
A. Volcanic valley B. Eroded valley C. Axial trough D. U-shaped valley
Answer: C
15. In which Indian state was the ancient sea port 'Muziris' located? (UP Police SI 2017)
A. Kerala B. Gujarat C. Karnataka D. Tamil Nadu
Answer: A
16. Regarding the Indus Valley Civilization, consider the following statements: (UPSC 2011)
1. It was predominantly a secular civilization and the religious element, though present, did not dominate the scene.
2. During this period, cotton was used for manufacturing textiles in India.
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: C
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THE PLACES OF WORSHIP ACT
1. Context
2. The Places of Worship Act and its Provisions
The long title describes it as “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.” |
religious denomination into a place of worship of a different religious denomination or even a different segment of the same religious denomination.
Section 4(1) declares that the religious character of a place of worship “shall continue to be the same as it existed” on August 15, 1947.
Section 5 stipulates that the Act shall not apply to the Ramjanmabhoomi-Babri Masjid case, and to any suit, appeal or proceeding relating to it.
At least two petitions challenging the Act are pending before the Supreme Court.
The law has been challenged on the ground that it bars judicial review, which is a basic feature of the Constitution, imposes an “arbitrary irrational retrospective cutoff date”, and abridges the right to religion of Hindus, Jains, Buddhists and Sikhs. |
3. Reasons for bringing of the act
- The Act was brought by the Prime Minister P V Narasimha Rao at a time when the Ram temple movement was at its peak.
- The Babri Masjid was still standing, but L K Advani’s rath yatra, his arrest in Bihar and the firing on kar sevaks in Uttar Pradesh had raised communal tensions.
Moving the Bill in Parliament, then Home Minister S B Chavan said: “It is considered necessary to adopt these measures in view of the controversies arising from time to time with regard to conversion of places of worship which tend to vitiate the communal atmosphere Adoption of this Bill will effectively prevent any new controversies from arising in respect of conversion of any place of worship…” |
4. Supreme Court verdict
- The constitutional validity of the 1991 Act was not under challenge, nor had it been examined before the Supreme Court Bench that heard the Ramjanmaboomi-Babri Masjid title suit.
- Even so, the court, while disagreeing with certain conclusions drawn by the Allahabad High Court about the Act, made specific observations in its support.
- “In providing a guarantee for the preservation of the religious character of places of public worship as they existed on 15 August 1947 and against the conversion of places of public worship, Parliament determined that independence from colonial rule furnishes a constitutional basis for healing the injustices of the past by providing the confidence to every religious community that their places of worship will be preserved and that their character will not be altered,” the court said.
5. Constitutional obligations
- The law addresses itself to the State as much as to every citizen of the nation.
- The State, has by enacting the law, enforced a constitutional commitment and operationalised its constitutional obligations to uphold the equality of all religions and secularism which is a part of the basic features of the Constitution.
- The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.
- The law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution.
- The Places of Worship Act is a legislative intervention which preserves non-retrogression as an essential feature of our secular values.
For Prelims: The Places of Worship Act, secularism, Indian Constitution, Ramjanmaboomi-Babri Masjid title suit,
For Mains:
1. What is the Places of Worship Act and discuss its constitutional obligations (250 words)
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MODEL CODE OF CONDUCT (MCC)
- The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for political parties and candidates during elections.
- The MCC is designed to ensure free and fair elections by preventing the misuse of government machinery, maintaining a level playing field for all candidates, and avoiding any activities that could unduly influence voters.
- The Election Commission describes the Model Code of Conduct as a set of norms and rules that political parties and candidates must adhere to during the election process.
- The MCC comes into effect as soon as the election dates are announced and remains in force until the results are declared.
- It includes guidelines on various aspects of electioneering, such as campaigning, speeches, processions, polling day activities, and the content of election manifestos.
- The goal is to promote a fair and ethical electoral process, minimizing the chances of corrupt practices and ensuring that the democratic principles are upheld during elections
3.What is the Model Code of Conduct?
- The Model Code of Conduct, issued by the Election Commission, serves as a set of guidelines to oversee the conduct of political parties and candidates before elections.
- These guidelines encompass various aspects such as speeches, polling day procedures, polling booths, ministerial portfolios, election manifesto content, processions, and overall behavior. The aim is to ensure the integrity of elections.
- According to information from the Press Information Bureau, a version of the MCC was initially introduced during the 1960 state assembly elections in Kerala.
- It gained widespread adherence in the 1962 elections and has been consistently followed in subsequent general elections. In October 1979, the Election Commission expanded the MCC to include a section regulating the conduct of the 'party in power' to prevent any undue advantage during elections.
- The MCC is activated from the announcement of the election schedule until the declaration of results. Consequently, it comes into effect from the present evening and remains applicable until the conclusion of the entire election process.
- The MCC comprises eight provisions addressing general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos
4.When does the Model Code of Conduct come into effect?
- Once the code comes into effect, the governing party, whether at the national or state level, must ensure that its official position is not exploited for campaign purposes.
- Consequently, no policies, projects, or schemes should be announced that could sway voting behavior. The party is also prohibited from utilizing public funds for advertising or using official media platforms to publicize achievements with the intention of enhancing electoral prospects.
- The guidelines further dictate that ministers should refrain from combining official visits with election-related activities or utilizing official resources for such purposes.
- The ruling party is barred from employing government transportation or machinery for campaign activities. Additionally, it is mandated to provide opposition parties with equal access to public spaces like grounds for conducting election meetings, as well as amenities such as helipads, under the same terms and conditions applied to the ruling party.
- Any advertisements at the expense of the public treasury in newspapers and other media outlets are considered an offense. The ruling government is also restricted from making ad-hoc appointments in governmental bodies and public enterprises that may unduly influence voters.
- The Model Code of Conduct strictly prohibits the use of caste and communal sentiments to attract voters, allowing criticism of political parties or candidates solely based on their track record. Places of worship, including mosques, churches, and temples, are not to be employed for election propaganda.
- Practices such as bribery, intimidation, and voter impersonation are explicitly forbidden. Public meetings within the 48-hour period leading up to the poll closing time are also proscribed, known as the "election silence," aiming to provide voters with a campaign-free environment for reflection before casting their votes
5.Is the Model Code of Conduct legally binding?
- The Model Code of Conduct (MCC) is not a legally binding document in the sense that it is not enforceable by law. It is a set of guidelines and ethical standards issued by election management bodies, such as the Election Commission of India, to ensure fair play and ethical behavior during elections.
- The MCC is followed by political parties and candidates on a voluntary basis, and adherence is more a matter of political ethics and a commitment to maintaining the integrity of the electoral process.
- While the MCC itself does not have statutory backing, certain aspects of it may be supported by legal provisions. For example, if a political party or candidate violates specific principles outlined in the MCC, they may be subject to legal action under relevant electoral laws. However, the MCC, as a whole, is more of a moral and ethical code that relies on the cooperation and voluntary compliance of political participants.
- The Election Commission, as the custodian of the MCC, can take various actions against those who violate its principles.
- These actions may include issuing warnings, reprimands, and, in severe cases, canceling candidature or disqualification. The idea behind the MCC is to foster a fair and transparent electoral process and to prevent the misuse of power during election campaigns
6. Way forward
The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist
For Prelims: Current events of national and international importance. For Mains: General Studies II: Salient features of the Representation of People’s Act. |
Source: Indianexpress
NATO
1. Context
2.Why does Sweden want to join NATO?
3. About NATO
- NATO, which stands for the North Atlantic Treaty Organization, is an intergovernmental military alliance established in 1949.
- It was formed as a collective defence organization to promote stability, security, and cooperation among its member countries.
- The founding members of NATO were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
3.1. Objectives of NATO
Collective Defence: NATO aims to provide collective defence for its member countries. According to Article 5 of the NATO Treaty, an armed attack against one member is considered an attack against all, and member states are obligated to assist the attacked member.
Security Cooperation: NATO fosters security cooperation among member countries through political consultations, military partnerships, and joint defence planning. It promotes stability, deterrence, and crisis management.
Crisis Management: NATO plays a role in crisis management and conflict resolution by conducting peacekeeping operations, supporting international efforts, and providing assistance to countries facing security challenges.
Cooperative Security: NATO seeks to build cooperative security relationships with non-member countries through partnerships and dialogue, fostering a more stable and secure international environment.
3.2. Structure of NATO
North Atlantic Council (NAC): The NAC is the principal political decision-making body of NATO, composed of ambassadors from member countries. It sets the alliance's strategic direction and guides on security issues.
Military Committee (MC): The MC is NATO's highest military authority, consisting of senior military representatives from member countries. It advises the NAC on military matters and provides military guidance and recommendations.
International Military Staff (IMS): The IMS supports the MC in developing military policies and operational plans, as well as facilitating coordination among member countries.
NATO Command Structure: NATO has two strategic commands: Allied Command Operations (ACO) and Allied Command Transformation (ACT). ACO is responsible for operational planning and conducting military operations, while ACT focuses on transforming NATO's military capabilities and forces.
3.3. Roles and Activities of NATO
Crisis Response and Peacekeeping: NATO conducts crisis response operations and peacekeeping missions worldwide, aimed at maintaining peace, and stability, and supporting international security efforts.
Cooperative Security: NATO develops partnerships with countries outside the alliance, promoting dialogue, cooperation, and capacity-building to address shared security challenges.
Defence and Capability Development: NATO encourages member countries to invest in defence capabilities and modernization to enhance their readiness and contribute to the alliance's collective defence.
Political Consultations: NATO facilitates political consultations among member countries to address security concerns, share information, and coordinate policy responses.
4. The Way Forward
- The NATO Summit in Vilnius brought limited progress for Ukraine's aspirations of NATO membership, with no concrete commitments or timelines provided.
- NATO's cautious approach, rooted in collective security principles, aims to avoid direct conflict with Russia while supporting Ukraine's defence efforts.
- The expansion of NATO over the years has triggered Russia's concerns, leading to conflicts in Georgia and Ukraine.
- As Ukraine's NATO membership remains a sensitive issue for Moscow, the path forward involves balancing Ukraine's aspirations, regional security, and NATO's strategic considerations.
For Prelims: NATO, Russia-Ukraine conflict, Vilnius summit
For Mains:
1. Analyze the expansion of NATO over the years, highlighting the challenges and controversies associated with the alliance's enlargement. Examine the concerns raised by Russia regarding NATO's expansion and its impact on regional security. (250 Words)
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Previous Year Questions
1. What does NATO stand for? (West Bengal Police SI 2019)
A. North American Treaty Organisation
B. New Atlantic Treaty Organisation
C.North Atlantic Treaty Organisation
D. New American Treaty Organisation
Answer: C
2. Which among the following countries is not a member of the North Atlantic Treaty Organization (NATO)? (UPSC CAPF 2022)
A. Hungary
B. Poland
C. Belarus
D. Turkey
Answer: C
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