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DAILY CURRENT AFFAIRS, 30 OCTOBER 2024

PUBLIC INTEREST LITIGATION (PIL)

 
 
1. Context
 
The Madras High Court wanted to know if there were specific rules and regulations prescribing the dress code to be followed by Ministers. The question was raised during the hearing of a public interest litigation (PIL) petition filed against Deputy Chief Minister Udhayanidhi Stalin’s “casual attire”.
 
2. What is Public Interest Litigation (PIL)?
 
Public Interest Litigation (PIL) is a legal action initiated in a court of law for the protection of public interest, typically by non-governmental organizations (NGOs), social activists, or concerned citizens. The purpose of PIL is to ensure justice to the marginalized or underprivileged sections of society, or to address issues that affect the public at large.

Public Interest Litigation (PIL) covers a wide range of matters that are entertained by courts to address issues affecting the public interest.

Here are some common categories of matters that are often entertained under PIL:

  • Environmental Protection: Cases related to pollution control, deforestation, conservation of natural resources, protection of wildlife, and sustainable development.

  • Human Rights Violations: Cases involving violations of fundamental rights, such as police brutality, custodial torture, discrimination based on race, gender, or religion, and protection of the rights of marginalized communities.

  • Corruption and Governance: PIL can be used to address issues of corruption in government institutions, misuse of public funds, lack of transparency, and accountability in governance.

  • Public Health: Matters concerning access to healthcare services, sanitation, vaccination programs, and public health infrastructure.

  • Consumer Rights: Cases related to product safety, misleading advertising, unfair trade practices, and protection of consumer rights.

  • Education: PIL can address issues related to access to education, quality of education, implementation of government policies in education, and discrimination in educational institutions.

  • Social Welfare: Matters concerning welfare schemes for disadvantaged groups, implementation of social welfare programs, and protection of the rights of vulnerable populations such as children, women, and the elderly.

  • Urban Development and Planning: Cases related to illegal construction, encroachment on public land, urban sprawl, and planning violations.

  • Media Freedom: Cases concerning freedom of speech and expression, censorship, media regulations, and protection of journalists' rights.

  • Public Safety and Security: Matters related to disaster management, fire safety, road safety, and measures to ensure public safety and security.

 
3.Genesis and Evolution of PIL in India: Some Landmark Judgements

The genesis and evolution of Public Interest Litigation (PIL) in India can be traced back to the 1970s when the Supreme Court of India expanded the scope of locus standi (the right to bring legal action) to allow individuals and organizations to file cases on behalf of those who are unable to approach the court due to social, economic, or other disabilities.

Here are some landmark judgments that played a crucial role in the development of PIL in India:

  • S.P. Gupta v. Union of India (1981): This case, commonly known as the "Judges Transfer case," is considered a landmark in the evolution of PIL in India. The Supreme Court held that any member of the public or social action group could approach the court seeking enforcement of public duties. The court also recognized the concept of "epistolary jurisdiction," allowing letters or postcards addressed to the court to be treated as writ petitions.

  • Bandhua Mukti Morcha v. Union of India (1984): In this case, the Supreme Court addressed the issue of bonded labor in various industries and held that Article 21 (Right to Life) of the Constitution includes the right to live with dignity. The court issued guidelines for the rehabilitation of bonded laborers and directed the government to take necessary measures for their release and rehabilitation.

  • Vishaka v. State of Rajasthan (1997): This case dealt with the issue of sexual harassment at the workplace. The Supreme Court laid down guidelines, known as the Vishaka Guidelines, for preventing and redressing sexual harassment at workplaces. The court held that it is the duty of the employer to provide a safe working environment for women employees.

  • MC Mehta v. Union of India (1986): In this case, the Supreme Court addressed the issue of pollution in the Ganga river. The court issued several directions to control pollution and ensure the cleanliness of the river. This case led to the establishment of the National Ganga River Basin Authority (NGRBA) to oversee the conservation and management of the Ganga river.

  • M.C. Mehta v. Union of India (1996): This case, commonly known as the "Oleum Gas Leak case," involved a gas leak from a factory in Delhi. The Supreme Court held that the "polluter pays" principle applies, and directed the factory to pay compensation to the victims of the gas leak. The court also laid down guidelines for the handling of hazardous substances to prevent similar incidents in the future

4.Factors Responsible for the Growth of PIL in India
 
  • Traditionally, only aggrieved parties had the standing to approach the court. However, the Supreme Court of India broadened the concept of locus standi to allow any individual or organization to file PIL on behalf of those who are unable to approach the court due to social, economic, or other disabilities. This expansive interpretation increased access to justice for marginalized groups and encouraged the filing of PILs
  • The growth of civil society organizations, NGOs, and social activists in India has raised awareness about various social, environmental, and governance issues. These groups play a significant role in initiating PILs and mobilizing public support for legal interventions to address public interest concerns
  • The Indian judiciary, particularly the Supreme Court, has shown a proactive approach in addressing socio-economic and environmental issues through PILs. The judiciary's willingness to intervene in matters of public interest and provide remedies has encouraged the filing of PILs by individuals and organizations
  •  In many cases, PILs are filed when executive or legislative institutions fail to address pressing issues adequately. When there is a perceived lack of action or inefficiency on the part of the government, PILs serve as a mechanism to hold authorities accountable and seek judicial intervention
  • The Indian Constitution enshrines principles of social justice, equality, and the protection of fundamental rights. PILs serve as a means to enforce these constitutional mandates and ensure that government actions are consistent with constitutional principles
  • The role of the media in highlighting social issues and bringing them to the public's attention cannot be overstated. Media coverage often serves as a catalyst for PILs by generating public interest and support for legal interventions
  • The growth of PIL in India is also influenced by global legal trends and precedents. Indian courts often refer to international conventions, treaties, and judgments from other jurisdictions when adjudicating PIL cases, contributing to the evolution of PIL jurisprudence in the country
  • PILs can be filed in any court of law, including the Supreme Court, High Courts, and lower courts. The relatively simple procedural requirements and the availability of pro bono legal assistance encourage individuals and organizations to approach the courts with public interest concerns
5.Who Can File a PIL and Against Whom?
 

In India, Public Interest Litigation (PIL) can be filed by any individual, organization, or group of persons acting in the public interest. Unlike traditional litigation where only aggrieved parties have the standing to file cases, PIL allows any concerned citizen or entity to approach the court on behalf of those who may be unable to do so due to social, economic, or other disabilities.

Here are some examples of who can file a PIL:

  • Individual Citizens: Any individual citizen who has a genuine concern about an issue affecting the public interest can file a PIL. They do not need to have a direct personal interest in the matter but must demonstrate that the issue has broader societal implications.

  • Non-Governmental Organizations (NGOs): NGOs working in areas such as human rights, environmental conservation, consumer protection, and social welfare often file PILs to address systemic issues and advocate for policy changes.

  • Social Activists: Social activists who are passionate about specific causes or issues may file PILs to bring attention to violations of rights, corruption, environmental degradation, or other matters of public concern.

  • Lawyers and Legal Aid Organizations: Lawyers and legal aid organizations often take up PILs on behalf of marginalized communities or disadvantaged groups who lack access to justice or resources to pursue legal remedies.

As for whom a PIL can be filed against, there are various potential respondents, including:

  • Government Authorities: PILs can be filed against government authorities at the central, state, or local levels for their failure to perform their duties, violation of laws, or infringement of fundamental rights.

  • Private Entities: PILs can also be filed against private entities, such as corporations, businesses, or individuals, if their actions or policies have a significant impact on public interest or violate legal provisions.

  • Public Institutions: PILs can target public institutions like regulatory bodies, educational institutions, or healthcare facilities if they are not fulfilling their mandated roles or if there are systemic issues affecting public welfare.

  • Other Entities: PILs can be directed against any entity whose actions or omissions have a bearing on the public interest, including environmental polluters, public utilities, or entities involved in unethical practices

6. Challenges regarding Public Interest Litigation (PIL)
 
While Public Interest Litigation (PIL) has been instrumental in promoting social justice, transparency, and accountability in India, it also faces several challenges.
 
Some of the key challenges regarding PIL include:
  • One of the significant challenges is the filing of frivolous PILs or PILs with mala fide intentions. Some PILs are filed for personal gain, publicity, or to harass opponents rather than addressing genuine public interest concerns. This misuse clogs the judicial system and undermines the credibility of PILs
  • There is often a lack of proper screening mechanisms to filter out frivolous or politically motivated PILs at the initial stage. As a result, courts may waste time and resources hearing PILs that do not serve the public interest
  • PILs require substantial judicial time and resources, which can strain the already overburdened judicial system. The high volume of PILs, coupled with lengthy court proceedings, may lead to delays in the disposal of cases and affect the timely delivery of justice
  • While PIL allows any concerned citizen or organization to approach the court, there can be challenges related to the standing and locus standi of the petitioner. Courts often grapple with determining whether the petitioner has a genuine interest in the matter and whether they are the appropriate party to bring the case
  • Although PIL is intended to provide access to justice for marginalized groups, there can still be significant costs associated with legal proceedings, including court fees, lawyer fees, and other expenses. This can deter individuals or organizations with limited resources from filing PILs
  • In some cases, PILs may encroach upon the domain of the executive and legislative branches of government, leading to tensions between the judiciary and other arms of the state. While the judiciary plays a crucial role in upholding constitutional values, excessive judicial activism through PILs can disrupt the balance of power between the branches of government
  • There are concerns that judicial activism through PILs may lead to judicial overreach, where courts venture into areas that are traditionally within the purview of the executive or legislature. This can raise questions about the separation of powers and the democratic legitimacy of judicial interventions
7.Way Forward
 
PIL has become an important tool for promoting social justice and accountability in many countries around the world, including India, where it originated and has been widely used to address various socio-economic and environmental issues
 
Source: The Hindu
 

PREVENTION OF MONEY LAUNDERING ACT (PMLA)

1. Context

Stringent provisions of the Prevention of Money Laundering Act (PMLA) cannot be used as a “tool for incarceration”, the Delhi High Court

2. Why is the PMLA verdict under review?

The PMLA verdict is under review because of several concerns raised by petitioners and legal experts about the constitutionality of the law and the extent of the powers granted to the Enforcement Directorate (ED).

Specific Concerns

  • The PMLA's retrospective application, allowing for the prosecution of offences committed before the law's enactment, has been challenged as violative of the fundamental right against ex post facto laws.
  • The PMLA places the burden of proof on the accused to establish innocence, a departure from the general principle of criminal law that presumes innocence until proven guilty.
  • Critics argue that the PMLA's provisions are overly broad and draconian, giving the ED excessive powers to arrest, detain, and seize assets without adequate judicial oversight.
  •  The PMLA's lack of adequate safeguards against arbitrary actions and misuse of power has raised concerns about the potential for abuse of authority by the ED.
  •  The PMLA's provisions have been criticized for potentially infringing upon fundamental rights such as the right to personal liberty, the right to property, and the right against self-incrimination.

3. Money laundering

  • Money laundering is the illegal process of making large amounts of money.
  • This money is generated by criminal activity but may appear to come from a legitimate source.
  • Criminal activities include drug trafficking, terrorist funding, illegal arms sales, smuggling, prostitution rings, insider trading, bribery and computer fraud schemes that produce large profits.

3.1. Different stages in money laundering

Generally, money laundering is a three-stage process:
  1. Placement: The crime money is injected into the formal financial system.
  2. Layering: Money injected into the system is layered and spread over various transactions and book-keeping tricks to hide the source of origin.
  3. Integration: Laundered money is withdrawn from the legitimate account to be used for criminal purposes. Now, Money enters the financial system in such a way that the original association with the crime is disassociated.  The money now can be used by the offender as legitimate money.
All three sources may not be involved in money laundering. Some stages could be combined or repeated many times.

3.2. Impact of Money Laundering on Economic Development

Money laundering can have a significant impact on economic development by:

  • When money laundering occurs, it can undermine public confidence in banks and other financial institutions. This can lead to increased risk aversion and a decline in investment, which can hamper economic growth.
  • Money laundering can distort economic activity by directing funds away from legitimate businesses and into criminal enterprises. This can lead to inefficient allocation of resources and slower economic growth.
  • Money laundering can facilitate corruption by providing a means to conceal the proceeds of corrupt activities. This can weaken governance and undermine the rule of law, further hindering economic development.
  • Money laundering can also lead to a loss of tax revenue, as criminals seek to evade taxes on their illicit gains. This can deprive governments of much-needed funds for essential services, such as education and healthcare.
  • Money laundering is often used to finance organized crime groups, which can lead to an increase in violence and instability.
  • Money laundering can also be used to finance terrorist activities, posing a serious threat to international security.
  • Money laundering can also have a direct impact on individuals and businesses, who may lose money or be victims of fraud as a result of this crime.

4. Prevention of Money-Laundering Act, 2002 (PMLA)

The Prevention of Money-Laundering Act, 2002 (PMLA) is a comprehensive legislation enacted by the Indian Parliament to combat money laundering and other financial crimes. It aims to prevent the use of proceeds of crime, particularly those derived from drug trafficking, organized crime and corruption, from being laundered and utilized to finance further criminal activities or to gain legitimacy.

4.1. Key Features of the PMLA

  • The PMLA prohibits the process of money laundering, defined as the act of concealing or disguising the proceeds of crime.
  • The PMLA empowers the Enforcement Directorate (ED), the designated agency for investigating money laundering cases, to attach and seize property derived from or involved in money laundering.
  • The PMLA provides for the confiscation of property that is involved in money laundering, even if it is not in the possession of the accused person.
  • The PMLA grants the ED extensive powers to conduct searches, make arrests, and detain individuals suspected of money laundering.
  • The PMLA facilitates international cooperation in combating money laundering through mutual legal assistance treaties and other mechanisms.

4.2. Significance of the PMLA

The PMLA has played a crucial role in strengthening India's anti-money laundering framework and enhancing its global standing in combating financial crimes. It has enabled the investigation and prosecution of numerous money laundering cases, leading to the recovery of substantial illicit funds.

4.3. Challenges in Implementing the PMLA

Despite its significance, the implementation of the PMLA has faced certain challenges, including:

  • The PMLA and other laws, such as the Narcotics Drugs and Psychotropic Substances Act, have overlapping jurisdictions, which can lead to confusion and delays in investigations.
  • There have been concerns about the lack of adequate safeguards against arbitrary actions and misuse of power under the PMLA.
  • The ED faces resource constraints in terms of manpower and infrastructure, which can hamper its ability to effectively investigate and prosecute money laundering cases.
 
5. About the Directorate of Enforcement 
 
  • The Directorate of Enforcement (ED) is an agency in India that primarily deals with the enforcement of economic laws and regulations to combat money laundering, foreign exchange violations, and financial fraud.
  • The ED is part of the Department of Revenue under the Ministry of Finance, Government of India.
  • The Directorate of Enforcement was established on 1st May 1956, as the "Enforcement Unit" within the Department of Economic Affairs.
  • Its primary focus was on preventing and detecting violations of the Foreign Exchange Regulation Act (FERA) of 1947.
  • Over the years, the agency's role expanded, and in 1999, the Enforcement Directorate was established as a separate entity under the Ministry of Finance.
  • The enactment of the Prevention of Money Laundering Act (PMLA) in 2002 further broadened its jurisdiction, giving it the power to investigate cases related to money laundering.
  • Since its establishment, the ED has played a crucial role in combating economic offences and ensuring compliance with economic laws in India.
  • It has been involved in several high-profile cases, including those related to financial scams, money laundering by influential individuals, and cross-border financial crimes.
  • The ED collaborates with various domestic and international agencies, including financial intelligence units, law enforcement agencies, and Interpol, to gather information, share intelligence, and effectively coordinate efforts to combat economic offences.

5.1. Functions and Roles of ED

  • Enforcing Economic Laws: The primary function of the ED is to enforce two key economic laws in India: the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA). It ensures compliance with these laws and investigates money laundering, foreign exchange violations, and economic fraud cases.
  • Money Laundering Investigations: The ED investigates cases involving money laundering, which is the process of concealing the origins of illegally obtained money to make it appear legitimate. It identifies and seizes properties and assets derived from illicit activities and prevents their further use.
  • Foreign Exchange Violations: The ED is responsible for investigating cases related to violations of foreign exchange laws and regulations. It monitors and controls foreign exchange transactions to maintain the stability of the Indian rupee and prevent illegal activities such as smuggling and illegal money transfers.
  • Financial Frauds: The ED also investigates and takes action against financial frauds, including bank frauds, Ponzi schemes, and other fraudulent activities affecting the Indian financial system. It works closely with other law enforcement agencies, such as the Central Bureau of Investigation (CBI), to tackle complex financial crimes.
 
For Prelims: Prevention of Money Laundering Act, ED, CBI, Foreign Exchange Management Act, 
For Mains: 
1. Critically evaluate the Prevention of Money Laundering Act, 2002 (PMLA) in its effectiveness in combating money laundering in India. (250 Words)
 
 
Previous Year Questions
 
1. Which one of the following is not correct in respect of Directorate of Enforcement? (CDS  2021)
A. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance.
B. It enforces the Foreign Exchange Management Act, 1999.
C. It enforces the Prevention of Money Laundering Act, 2002.
D. It enforces the Prohibition of Benami Property Transaction Act, 1988.
 
2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)
 
A. July 2002          B. August 2003        C. July 2004         D. July 2005
 
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC  2013)
A. 1991         B. 1997         C. 2000             D. 2007
 
4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020) 
A. Foreign Exchange Currency Act
B. Foreign Exchange Finances Act
C. Foreign Exchange Funds Act
D. Foreign Exchange Management Act
 
5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017) 
A. Union             B. State             C. Global          D. Concurrent
 
Answers: 1-D, 2-D, 3-C, 4-D, 5-A
 
Source: The Indian Express
 
 

EXIT POLLS

 
 
1. Context
 

As the dust settles on the Haryana and Jammu and Kashmir elections, doubts have been raised about the reliability of exit polls, many of which failed to predict the election outcomes accurately. The discrepancy between predictions and results has cast doubt on polling models. This recent episode follows similar polling inaccuracies in Chhattisgarh and Madhya Pradesh over the past eight months

 
2. Importance of Exit Polls
 

Exit polls provide estimates on how people voted in an election. They are based on interviews with voters immediately after they exit the polling stations, combined with other calculations related to voter data.

Public Interest in Exit Polls

A large number of Indians place as much importance on exit polls as they do on the actual results. Typically, exit polls are released on the last day of voting because agencies conducting these polls are mandated by the Election Commission of India (ECI) to wait until polling has been completed in all phases. This rule exists to prevent influencing voters who have not yet cast their ballots.

Release and Public Perception

When exit polls are finally released, pollsters often present varying estimates. People tend to show interest in those exit polls that align with their political preferences. They generally disregard the vote share estimates and methodologies. More often than not, the accuracy of exit polls is judged by personal opinions on political parties.

Upcoming Exit Poll Release

When exit polls for the ongoing Lok Sabha elections are released on the evening of June 1, this phenomenon is likely to be repeated. Many television channels will rush to air the polls. Unfortunately, there is more competition to be the ‘first’ to show the exit poll numbers than to ensure superior data quality.

Recent Inaccuracies

In recent years, many exit polls have proven erratic, often showing conflicting results. Last year, many polls incorrectly predicted winners in the Legislative Assembly elections for Chhattisgarh and Madhya Pradesh, while some were way off the mark in Rajasthan.

No Predictable Pattern

There is no consistent pattern in the accuracy of exit polls. An agency may have accurately predicted the results for Madhya Pradesh but made errors in Rajasthan. There were states where all exit polls were accurate (Telangana) and others where none were correct (Chhattisgarh).

Factors Influencing Accuracy

Today, some people judge the accuracy of an exit poll by the survey agency that conducted it or the television channel that commissioned it. Others consider the sample size, believing that a larger sample size indicates a more reliable poll. In reality, these should not be the sole indicators for judging the accuracy of an exit poll, which depends on many different factors.

 
3. The Basis of an Exit Poll
 
  • The science of surveys, including exit polls, operates on the premise that data are collected from many respondents using a structured questionnaire, whether conducted over the telephone or face-to-face.
  • This method is not new; it began in 1957 during the second Lok Sabha elections when the Indian Institute of Public Opinion conducted a poll.
  • However, no guesswork or estimation can replace the necessary methodology. Without a structured questionnaire, data cannot be collected coherently or analyzed systematically.
 
4. How Sample Size and Representativeness Matter
 

Since the inception of exit polls in 1957, there has been significant improvement, particularly in sample size. Gone are the days when a national sample of 20,000 to 30,000 respondents was considered large. Today, survey agencies conduct exit polls with samples as large as 1 million, and samples of a few hundred thousand have become commonplace.

Historical Context and Methodological Advances

Though the Lokniti-Centre for the Study of Developing Societies (CSDS) typically does not conduct exit polls, it has done so occasionally. For instance, in the 1996 Lok Sabha elections, Lokniti-CSDS used a sample size of 17,604 to conduct its first exit poll, resulting in a very accurate national projection of both vote share and seats.

Importance of Representativeness Over Sample Size

Lokniti-CSDS has continued studying voting behaviour through post-poll surveys. The 2019 Lok Sabha election post-poll survey had a sample size of just over 25,000. While seat projections sometimes missed the mark, the vote share estimates were very close to actual results.

Although a large sample size is important, representativeness ensuring the sample reflects various voter profiles is more crucial. Recently, television channels, often the sponsors of these exit polls, have pressured for larger samples, resulting in increasingly bigger exit polls.

Accuracy and Challenges

For example, Lokniti-CSDS’s predictions for the Chhattisgarh Assembly Elections were incorrect in both 2018 and 2023, despite being based on post-poll surveys. In the 2017 Uttar Pradesh Assembly elections, while the winner was predicted correctly, the final tallies for different parties were off the mark. Increasing the sample size would not necessarily have improved accuracy, suggesting other issues, such as potential fake interviews, may have affected the results.

Technological Solutions and Remaining Challenges

Technological advancements such as call-backs to respondents, images of interviews, field phone calls, WhatsApp groups, and similar tools have helped mitigate some issues. However, there is no foolproof method for ensuring accurate predictions.

 
5. Swing Model and Its Complexities
 
 
Challenges in Predicting Seats

The prediction of seats in an election is based on a swing model, which estimates vote shares for different parties and alliances by interviewing selected respondents. The seat forecast is then made based on the results of the previous election.

Estimating Vote Share in a Diverse Context

Estimating vote share in India is particularly challenging due to the country's vast diversities in location, caste, religion, language, education levels, and economic class, all of which influence voting behaviour. Over- or under-representation of any of these diverse voter sections can significantly impact the accuracy of the estimates.

Additional Difficulties

Beyond these challenges, there are other complexities. The swing model relies on previous vote shares, so changes in alliances, or the splitting or merging of parties between elections, complicate the predictions. For example, the alliance dynamics between BJP and JD(U) in Bihar can pose difficulties.

Complexity of Swings with Multiple Parties

Measuring swing and electoral change is more straightforward when the contest is limited to two parties. However, the complexity of swings increases as more political players enter the fray, adding layers of difficulty to accurate predictions.

 
6.  The Count Method
 

The count method for estimating election results is both time-consuming and labour-intensive, requiring an estimate for each seat. When agencies claim to have made seat-wise estimates, it is often presented as the most comprehensive poll, especially when the sample size is several hundred thousand respondents.

Innovations in the Count Method

Some agencies have introduced innovations in the count method, maximizing efficiency by spending less time and resources. While an exit poll might claim to cover all constituencies, in practice, polls are not necessary in certain seats. For example, it may be unnecessary to conduct a poll in Varanasi where the Prime Minister is contesting, or in Gandhinagar where the BJP president is contesting. By carefully eliminating such constituencies, accurate estimates can still be achieved.

Focus on Swing Constituencies

After applying the elimination method alongside the count method, surveys are required only in a limited number of critical constituencies, often referred to as swing constituencies. Innovative exit polls focusing on these areas can be more accurate than those using traditional methodologies.

Limitations of the Count Method

While traditional methodology estimates vote share and analyzes voting behaviour based on various socioeconomic backgrounds, the count method has limitations. It can hardly provide an estimate of vote shares, and any systematic analysis of voting behaviour remains elusive.

 
7. Distinguishing Between Real Exit Polls and Estimate Polls
 
  • Many exit polls merely present several seats without providing vote share or methodological details. Should these even be considered exit polls? It is time to distinguish between real exit polls and estimate polls.
  • A vote share estimate is mandatory for any poll. If a poll does not estimate the vote share, we must question the poll's purpose and methodology.
  • What innovative method was applied that predicts seats without estimating votes? Without vote share estimates, the credibility and accuracy of the poll are highly questionable.
8. Way Forward
 
By emphasizing methodological transparency, ensuring representativeness, incorporating technological innovations, and mandating vote share estimates, the credibility and accuracy of exit polls can be significantly improved. Distinguishing between real exit polls and estimate polls is crucial for maintaining public trust and providing meaningful insights into electoral outcomes.
 
 
For Prelims: Exit Polls, Election Commission of India
For Mains: 
1. Public interest in exit polls is often high, even though their accuracy can be questionable. Discuss the ethical implications of misleading exit polls on voters and the electoral process. (250 Words)
 
Previous Year Questions

1 Consider the following statements: (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

Mains

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 2018)
2.  To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC 2017)
Source: The Indian Express
 

MODEL CODE OF CONDUCT (MCC)

 
 
1. Context
 
 It is time to junk the Model Code of Conduct (MCC). It is time to recognise that it is not just harmless fiction; this is a weapon of distraction and disruption. And it is time to name and shame the Election Commission of India (ECI) for reducing this democratic innovation to a farce.
 
2.How Election Commission describe 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

GREENHOUSE GASES(GHGs)

 
 
1. Context
 
Planet-warming greenhouse gas (GHG) levels surged to a new record in 2023, with annual mean levels of carbon dioxide (CO2), the most important GHG in the atmosphere, rising by 2.3 parts per million (PPM) between 2022 and 2023, the World Meteorological Organization said Monday. This was the 12th consecutive year when the annual mean CO2 rose by over 2 PPM
 
2.What are greenhouse gases?
 

Greenhouse gases are gases that trap heat in the Earth's atmosphere, leading to the greenhouse effect and contributing to global warming. These gases include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone (O3), and fluorinated gases (such as hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride).

These gases allow sunlight to enter the Earth's atmosphere freely. Once absorbed, the Earth's surface emits infrared radiation, but instead of allowing this radiation to escape back into space, greenhouse gases trap and re-radiate some of it back towards the Earth's surface. This process warms the Earth's surface and lower atmosphere, leading to the greenhouse effect.

Human activities, such as the burning of fossil fuels, deforestation, and industrial processes, have significantly increased the concentration of greenhouse gases in the atmosphere, amplifying the greenhouse effect and contributing to global climate change

Here are the major greenhouse gases:

  • Carbon dioxide (CO2): The most abundant greenhouse gas emitted through human activities. It is released when fossil fuels like coal, oil and natural gas are burned
  • Methane (CH4): Methane is emitted from agriculture, waste decomposition, and fossil fuel production. It is a more potent greenhouse gas than CO2, but it breaks down in the atmosphere more quickly
  • Nitrous oxide (N2O): Nitrous oxide is emitted from agriculture, industrial processes, and burning fossil fuels. It is a long-lived greenhouse gas that can stay in the atmosphere for centuries
  • Fluorinated gases These are man-made chemicals used in refrigerants, air conditioners, and fire extinguishers. They are very potent greenhouse gases, but they are emitted in much smaller quantities than other greenhouse gases
  • Water vapor (H2O): The most abundant greenhouse gas in the atmosphere. Water vapor plays an important role in the natural greenhouse effect, but human activities do not significantly affect the amount of water vapor in the atmosphere

3. What is the Greenhouse gas effect?

The greenhouse effect is a natural process that occurs when certain gases in the Earth's atmosphere trap heat from the sun. This process is essential for maintaining the Earth's temperature within a range suitable for life. Without the greenhouse effect, the Earth would be much colder, and life as we know it would not exist.

Here's how the greenhouse effect works:

  • Solar radiation: Sunlight reaches the Earth's atmosphere and passes through it, warming the Earth's surface.

  • Absorption and re-radiation: The Earth's surface absorbs some of this solar energy and then emits it as infrared radiation (heat). Greenhouse gases in the atmosphere, such as carbon dioxide (CO2), methane (CH4), water vapor (H2O), and others, absorb some of this infrared radiation.

  • Re-emission: The absorbed energy is re-radiated in all directions, including back toward the Earth's surface. This trapped heat warms the lower atmosphere and the Earth's surface, similar to how a greenhouse traps heat.

  • Balance: The greenhouse effect helps maintain the Earth's temperature in a range suitable for life. However, human activities, such as burning fossil fuels and deforestation, have significantly increased the concentration of greenhouse gases in the atmosphere, leading to enhanced greenhouse effect or global warming

The Greenhouse Effect | GCSE Chemistry Revision
 
4. What are hydrofluorocarbons?
 
  • Hydrofluorocarbons (HFCs) are a class of synthetic greenhouse gases commonly used in refrigeration, air conditioning, foam blowing agents, aerosol propellants, and other industrial applications. They are composed of hydrogen, fluorine, and carbon atoms.
  • HFCs were developed as alternatives to chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), which were phased out due to their significant ozone-depleting potential. Unlike CFCs and HCFCs, HFCs do not contain chlorine atoms, so they do not contribute to ozone depletion.
  • However, they are potent greenhouse gases, with high global warming potentials (GWPs), meaning they trap heat in the atmosphere at a much higher rate than carbon dioxide (CO2).
  • Due to their role in contributing to climate change, efforts have been made internationally to regulate and phase out the use of HFCs. The Kigali Amendment to the Montreal Protocol, adopted in 2016, aims to gradually reduce the production and consumption of HFCs globally.
  • Many countries are transitioning to alternative refrigerants with lower global warming potentials, such as hydrofluoroolefins (HFOs) and natural refrigerants like ammonia and carbon dioxide. These efforts are essential for mitigating climate change by reducing the emissions of potent greenhouse gases like HFC
5. What are the adverse effects?
 
The greenhouse gas effect, when intensified beyond natural levels due to human activities, leads to a range of adverse effects on the environment, ecosystems, and human societies.
 
Some of these effects include:
  • The primary consequence of intensified greenhouse gas effect is global warming. Increased concentrations of greenhouse gases in the atmosphere trap more heat, leading to a rise in average global temperatures
  • Global warming alters weather patterns and climatic conditions worldwide, leading to changes such as more frequent and intense heatwaves, storms, droughts, and floods. These changes can disrupt ecosystems, agriculture, and water supplies, leading to ecological imbalances and economic losses
  • Warmer temperatures cause polar ice caps and glaciers to melt, contributing to rising sea levels. This phenomenon threatens coastal communities, low-lying islands, and habitats, increasing the risk of flooding and erosion
  •  Increased atmospheric CO2 levels lead to higher levels of carbon dioxide dissolving into oceans, resulting in ocean acidification. This harms marine life, particularly organisms with calcium carbonate shells or skeletons, such as corals, mollusks, and certain plankton species
  • Climate change disrupts ecosystems and habitats, forcing species to migrate, adapt, or face extinction. The rapid pace of climate change often outpaces the ability of many species to adapt, leading to biodiversity loss and ecosystem degradation
  • Climate change exacerbates health risks, including heat-related illnesses, respiratory problems from poor air quality, increased prevalence of infectious diseases, and food and water insecurity due to changing agricultural conditions
  • Climate change can lead to displacement of populations due to extreme weather events, loss of livelihoods in sectors such as agriculture and fishing, and increased conflicts over resources like water and arable land. These disruptions can strain social systems and economies, particularly in vulnerable regions
6.What is Montreal Protocol?
 

The Montreal Protocol is an international environmental agreement aimed at protecting the Earth's ozone layer by phasing out the production and consumption of ozone-depleting substances (ODS). It was negotiated in 1987 and entered into force in 1989. The protocol is regarded as one of the most successful international environmental treaties.

Key points about the Montreal Protocol include:

  • Objective: The primary goal of the Montreal Protocol is to phase out the production and consumption of ODS, which are substances that contain chlorine and bromine atoms and are responsible for ozone depletion in the stratosphere.

  • Ozone Layer: The ozone layer is a region of the Earth's stratosphere that contains a high concentration of ozone molecules (O3). This layer plays a crucial role in absorbing and filtering out harmful ultraviolet (UV) radiation from the sun, protecting life on Earth from its harmful effects.

  • Ozone-Depleting Substances: The Montreal Protocol targets several categories of ODS, including chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and methyl chloroform, among others. These substances were commonly used in refrigeration, air conditioning, foam blowing agents, fire extinguishers, and other industrial applications.

  • Phasing Out: The protocol established a timetable for phasing out the production and consumption of ODS, with developed countries committing to earlier phase-out schedules and developing countries given more time to comply. Amendments to the protocol tightened regulations and accelerated the phase-out schedules over time.

  • Success: The Montreal Protocol is widely regarded as successful in achieving its objectives. By reducing the production and consumption of ODS, the protocol has led to a gradual recovery of the ozone layer. Scientific assessments have confirmed a decrease in the atmospheric concentrations of ODS and a healing of the ozone layer.

  • International Cooperation: The Montreal Protocol exemplifies successful international cooperation in addressing global environmental challenges. It has been ratified by almost every country in the world, demonstrating a shared commitment to protecting the ozone layer and mitigating climate change (as many ODS are also potent greenhouse gases)

7.Way Forward
 
Since 2020, the US has banned the import of HCFC 22 for any purpose other than in a process which results in its transformation or destruction. The American Innovation and Manufacturing (AIM) Act, passed by Congress in December 2020, authorised the US Environmental Protection Agency (EPA) to phase down the production and consumption of numerous forms of HFCs
 
 
For Prelims: General issues on Environmental ecology, Bio-diversity and Climate Change – that do not require subject specialization
For Mains: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment
 
 
Previous Year Questions
 
1.Global warming is attributed to the presence of the following gases in the atmosphere : (UGC NET 2022)
(A) Methane
(B) Sulphur dioxide
(C) Surface Ozone
(D) Nitrogen dioxide
(E) Carbon dioxide
Choose the correct answer from the options given below :
1.(A), (B), (C), (E) only
2.(A), (C), (E) only
3.(A), (C), (D), (E) only
4.(A), (B), (D), (E) only
Answer (2)
Source: Indianexpress

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