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DAILY CURRENT AFFAIRS, 27 NOVEMBER 2024

NATIONAL INVESTIGATION AGENCY (NIA)

1. Context

The National Investigation Agency (NIA) has launched an investigation into three cases of violence in Manipur. The agency re-registered three cases afresh on November 13 after the Union Home Ministry decided to hand over the cases to it considering the gravity of the offences

2. About National Investigation Agency (NIA)

  • The National Investigation Agency (NIA) is a federal counter-terrorism law enforcement agency in India.
  • It was established in 2008 after the Mumbai terror attack the same year.
  • The NIA is empowered to deal with the investigation of terror-related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs.
  • The primary mandate of the National Investigation Agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism, insurgency, and other related matters.
  • The NIA is headquartered in New Delhi and has 12 regional offices across the country.
  • It is headed by a Director General of Police (DGP) rank officer.
  • The NIA has a team of highly trained and experienced officers who are experts in counter-terrorism investigations.
  • The NIA has been successful in investigating and prosecuting several high-profile terrorism cases, including the 26/11 Mumbai attacks, the 2012 Pune bombing, the 2013 Hyderabad blasts, and the 2014 Pathankot attack.
  • The NIA has also played a key role in disrupting terrorist networks and preventing terrorist attacks.
  • It has arrested several senior terrorist operatives and seized a large quantity of arms and ammunition.

3. The Changes Made under the NIA (Amendment) Act 2019

The National Investigation Agency (Amendment) Act, 2019, brought significant changes and enhancements to the powers and jurisdiction of the National Investigation Agency (NIA) in India. The amendments aimed to strengthen the agency's ability to combat terrorism and other transnational crimes effectively.

The key changes made under the NIA (Amendment) Act, 2019

  • The amendment expanded the jurisdiction of the NIA. Previously, the agency could investigate cases related to terrorism and certain other offences listed in the NIA Act.
  • The Act adds new offences to the list of scheduled offences that can be investigated by the NIA. These include
  • Cyber terrorism under Section 66-F of the Information Technology Act, 2000
  • Human trafficking under Section 370 of the Indian Penal Code, 1860
  • Counterfeiting of currency or bank notes under Sections 489C and 489E of the Indian Penal Code, 1860
  • Manufacture or sale of prohibited arms or ammunition under Sections 25 and 26 of the Arms Act, 1959
  • Offenses under the Explosive Substances Act, 1908
  • This extension of jurisdiction gives the NIA greater reach and authority in handling cases with international ramifications.
  •  The amendment allowed for the establishment of special courts for the trial of NIA cases.
  • These courts are designated to expedite the trial process and ensure that cases are heard and disposed of more quickly, particularly in terrorism-related cases.
  • The NIA (Amendment) Act introduced provisions for the protection of witnesses.
  • It empowers the NIA to request the central government to issue orders for the protection of witnesses.
  • Ensuring the safety of witnesses is crucial for the successful prosecution of cases, especially in terrorism-related trials.
  • The amended law allows the NIA to seize and attach properties that are believed to be the proceeds of terrorism or used for terrorism-related activities.
  • This provision is essential in disrupting the financial networks of terrorist organizations.
  • The NIA can now request the central government to seek extradition of individuals involved in terrorism and other offences under the NIA Act.
  • This provision facilitates the extradition of accused persons from foreign countries to face trial in India.
  • The central government has the authority to designate session courts as NIA Special Courts.
  • These courts are responsible for the trial of NIA cases and follow the procedures outlined in the NIA Act.
  • The NIA Act includes a schedule listing offences that fall under its jurisdiction.
  • The amendment allows for offences in this schedule to be amended by the central government through notification.
  • This flexibility allows for the inclusion of new offences based on emerging threats and challenges.
  • The NIA (Amendment) Act includes provisions to enhance transparency and accountability in the agency's functioning.
  • It mandates the submission of an annual report on its activities to the central government, which is then laid before both houses of Parliament.

4. The Way Forward

The NIA is a vital component of India's counter-terrorism architecture. By taking the necessary steps to improve the NIA's functioning, the government can make the agency more effective in combating terrorism and protecting the country from terrorist threats.
 
For Prelims: National Investigation Agency, Terrorism, NIA Act,2008,  NIA (Amendment) Act, 2019, the Ministry of Home Affairs, Information Technology Act, 2000, Indian Penal Code, Arms Act 1959, Explosive Substances Act, 1908, 
For Mains: 
1. "The NIA (Amendment) Act, 2019, introduced provisions for the confiscation of property believed to be connected to terrorism." Analyze the significance of this provision in curbing the financial networks of terrorist organizations and its alignment with international counter-terrorism efforts. (250 Words)
 
 
Previous Year Questions

1. The Stiglitz Commission established by the President of the United Nations General Assembly was in the international news. The commission was supposed to deal with: (UPSC CSE 2010)

(a) The challenges posed by the impending global climate change and prepare a road map
(b) The workings of the global financial systems and to explore ways and means to secure a more sustainable global order
(c) Global terrorism and prepare a global action plan for the mitigation of terrorism
(d) Expansion of the United Nations Security Council in the present global scenario

Answer: B

2. Match List - I with List-II and select the correct answer using the codes given below the lists: (UPPSC 2020)

List – I                              List – II

A. Indian Arm Act             1. 1876

B. Royal Title Act              2. 1878

C. Indian High Court Act   3. 1869

D. Indian Divorce Act        4. 1861

A. (A) 2, (B) 3, (C) 1, (D) 4

B. (A) 3, (B) 1, (C) 2, (D) 4

C. (A) 1, (B) 2, (C) 3, (D) 4

D. (A) 2, (B) 1, (C) 4, (D) 3

Answer: D

3. Which one of the following is NOT correctly matched? (UPPSC RO/ARO 2020) 

A. Prevention of Sedition Meetings Act - 1908
B. Explosive Substances Act - 1908
C. Indian Criminal Law Amendment Act - 1908
D. Newspaper (Incentive to Offence) Act - 1908

Answer: A

 
Source: indianexpress
 

KUKI-ZOMI TRIBE

 
 
 
1. Context
 
 
A tribal council in Assam has decided to send back more than 1,000 Kuki-Zo people who came from ethnic violence-scarred Manipur
 
 
2. About Kuki and Zomi tribes
 

The Kuki-Zomi people are a diverse group of ethnicities inhabiting the mountainous regions of Northeast India, Myanmar, and Bangladesh. They share a common ancestry and cultural heritage, and their name reflects this shared identity: "Kuki" is a more general term encompassing various sub-tribes, while "Zomi" is a relatively recent term adopted by some Kuki communities to emphasize their distinct identity and cultural heritage.

  •  The exact origins of the Kuki-Zomi people remain unclear, but linguistic evidence suggests they migrated from Southeast Asia centuries ago. Today, they are found primarily in the Indian states of Manipur, Mizoram, Assam, Nagaland, and Tripura, as well as in Chin State, Myanmar, and the Chittagong Hill Tracts of Bangladesh.
  •  The Kuki-Zomi people comprise numerous sub-tribes, each with its own distinct dialect and cultural practices. Some of the major sub-tribes include the Hmar, Thadou, Paite, Gangte, Vaiphei, Zou, Aimol, and Anal. These sub-tribes speak various Kuki-Chin languages, which belong to the Tibeto-Burman language family.
  • The Kuki-Zomi people have a rich and vibrant culture characterized by strong communal bonds, traditional music and dance, and colorful handicrafts. Their traditional attire is often adorned with intricate beadwork and embroidery, reflecting their artistic skills and cultural pride.
  •  The Kuki-Zomi people have faced various challenges throughout their history, including displacement, conflict, and marginalization. However, they have demonstrated remarkable resilience and adaptability, preserving their unique culture and traditions despite these hardships.
  • In recent years, the Kuki-Zomi people have made significant strides in education, entrepreneurship, and political representation. They are increasingly active in advocating for their rights and cultural identity, and their contributions to the social and economic development of the regions they inhabit are becoming increasingly recognized.
 

3. Delisting Proposal in Manipur

  • The representation calling for the potential removal of specific Kuki and Zomi tribes from the Scheduled Tribes (ST) list in Manipur stems from the ongoing ethnic conflict that has persisted for eight months.
  • This conflict, initiated on May 3, 2023, arose following an order from the Manipur High Court directing the State government to recommend the inclusion of Meiteis in the ST list to the Centre.
  • As the Centre now requests the State government to examine the representation for the delisting of Kuki and Zomi tribes, there is a risk of exacerbating existing tensions between the valley-based Meitei people and the hills-based Kuki-Zo (ST) people in the State.
  • One significant factor driving the Meiteis' demand for ST status is their inability to own land in the forested hill districts, where only STs are permitted to own land.
  • Notably, this marks the first instance where members of the Meitei community are advocating for their inclusion in the ST list by contending that specific Kuki and Zomi tribes should not be part of it.
  • This development may also have broader implications for the criteria used to designate groups as Scheduled Tribes, a framework that has remained unchanged since its introduction by the Lokur Commission in 1965.

Key Arguments in the Kuki-Zomi Delisting Proposal

  • In Mr. Thounaojam’s representation, objections have been raised against the inclusion of three specific entries in the Scheduled Tribes (ST) list of Manipur namely, “Any Mizo(Lushai) Tribes,” “Zou,” and “Any Kuki Tribes.”
  • The primary argument put forth for the exclusion of these entries is that they are not considered "indigenous" to the land of Manipur.
  • According to the representation, there is no historical mention of these specific tribes residing in Manipur in pre-Independence Censuses.
  • Furthermore, the representation contends that the vagueness surrounding the terms "Any Mizo (Lushai) Tribes" and "Any Kuki Tribes" in the ST list has purportedly facilitated illegal immigrants from Myanmar and Bangladesh in wrongfully obtaining benefits intended for Scheduled Tribes in India.
 
4. About Lokur Commission

The Lokur Commission, officially known as the Advisory Committee on the Revision of Lists of Scheduled Castes and Scheduled Tribes, played a significant role in shaping the landscape of tribal communities in India. Established in 1965 by the Government of India. Chaired by Justice N.N. Lokur, a former Chief Justice of India. Tasked with revising the lists of Scheduled Castes (SCs) and Scheduled Tribes (STs) in a rational and scientific manner.

Criteria for Scheduled Tribes:

  • The Commission established five key criteria for identifying a community as an ST:
    • Primitive Traits and Distinctive Culture
    • Geographical Isolation
    • Shyness of Contact with the Community at Large
    • Backwardness
    • Pre-dominantly Tribal Population

Impact on Tribal Communities

  • The Lokur Commission's recommendations led to the addition of several new communities to the ST list, granting them access to educational and economic benefits reserved for STs.
  • However, the criteria employed, particularly the emphasis on "primitive traits," have been criticized for being outdated, stereotypical, and potentially hindering social progress for tribal communities.

Criticisms and Debates

  • The Commission's classification of certain communities as "primitive" has been challenged for being derogatory and inaccurate.
  • The criteria used have been accused of being subjective and open to misinterpretation, leading to inconsistencies and exclusion of deserving communities.
  • Debates continue regarding the need for revising or even abolishing the existing criteria altogether, with calls for a more nuanced approach based on social, economic, and cultural factors.

Legacy

  • Despite the criticisms, the Lokur Commission's work remains influential in the administration of tribal affairs in India.
  • Its report and recommendations form the basis for the current ST list and continue to be referenced in discussions about tribal inclusion and development.
  • The Commission's legacy highlights the importance of ongoing discussions about the definition of "tribal" identity and the need for criteria that are fair, inclusive, and responsive to the evolving realities of tribal communities in India.
 
 
5. The National Commission for Backward Classes
 

The National Commission for Backward Classes (NCBC) stands as a crucial advocate for the rights and welfare of Other Backward Classes (OBCs) in India. Established in 1993 and elevated to constitutional status in 2018, the NCBC plays a multi-faceted role in ensuring social justice and equality for OBC communities. 

Mandate and Responsibilities

  • The NCBC probes cases of discrimination and denial of rights due to OBC status. It monitors the implementation of various government policies and schemes aimed at OBC development.
  • The Commission regularly assesses the social, educational, and economic advancement of OBCs. It provides recommendations to the government on policies and programs to bridge existing gaps and address emerging challenges.
  • Individuals from OBC communities can approach the NCBC with complaints related to violations of their rights or benefits. The Commission takes necessary action to address these grievances and ensure justice.
  •  The NCBC conducts research on the diverse OBC communities, analyzing their specific needs and vulnerabilities. It promotes awareness about OBC issues and advocates for their inclusive participation in various spheres of Indian society.

Key Achievements

  • The NCBC played a significant role in implementing the Right to Education Act (2009) and ensuring reservation quotas for OBC students in educational institutions.
  •  The Commission has been instrumental in promoting entrepreneurship and skill development programs among OBC communities, leading to greater economic participation and self-reliance.
  •  The NCBC has consistently pushed for legislation and policy changes that benefit OBCs, such as reservations in government jobs and promotions, access to healthcare, and land rights.

Challenges and Future Directions

  • OBCs are a diverse group with varying needs and levels of marginalization. The NCBC faces the challenge of addressing these internal disparities and ensuring inclusivity within its advocacy efforts.
  • The Commission often operates with limited resources, hindering its ability to effectively reach out to remote OBC communities and conduct comprehensive research.
  • Ensuring proper implementation of the NCBC's recommendations on the ground remains a crucial challenge. Stronger collaboration with state governments and local authorities is essential.

6. Examining Claims of Non-Indigeneity and Misuse

 
  • The claim that these communities were not residing in the land of Manipur at the time the first Constitution (Scheduled Tribes) list was published in 1950 is not accurate.
  • The original order listed three tribes for Manipur  "Any Kuki Tribe," "Any Lushai Tribe," and "Any Naga Tribe," encompassing respective sub-tribes. The argument lacks validity, as there is historical evidence to show the presence of these tribes in Manipur at the time.
  • Regarding the assertion that the inclusion of these tribes in the ST list has facilitated organized illegal immigration into Manipur, there is currently no empirical evidence to support this claim beyond individual instances and rhetoric from the Meitei community.
  • However, the First Backward Classes Commission's 1955 report acknowledged that the broad classifications of tribes, including "Any Kuki Tribe," originated under British administration.
  • The Commission recommended adding individual tribe names for Assam and the hills of Manipur instead of umbrella tribes, suggesting a need for redrawing the lists due to outdated information.
  • In the 1956 revision of the ST list for Manipur, 29 entries included individual tribe names, except for "Any Mizo (Lushai) Tribe," which was retained.
  • The representation argues that neither "Zou" nor "Any Mizo (Lushai) Tribe" was specifically recommended by the First Backward Classes Commission.
  • In 1965, the Lokur Commission noted a "splintering tendency" among Kuki tribes, with sub-groups seeking distinct identities. Over the years, communities adopted independent tribe names, but the entry "Any Kuki Tribes" was added in 2002-2003 to address the identity of those who identified as Kukis.
  • The Bhuria Commission Report of 2002-2004 observed confusion arising from this addition and recommended mentioning tribe names in the ST list to address inter-tribe differences.
 
7. The Way Forward
 
The Kuki-Zomi delisting proposal in Manipur raises intricate questions about tribal identity, historical claims, and potential consequences for inter-community relations. Examining the arguments, historical context, and the role of institutions like the NCBC is essential for understanding the complexities of this issue and finding solutions that respect the rights and identities of all involved communities.
 
 
For Prelims: kuki-zomi tribes, manipur, National Commission for Backward classes, STs, Lokur Commission, Other Backward Classes
For Mains: 
1. Discuss the potential political and developmental implications of the proposed delisting. How might it affect land rights, access to resources, and inter-community relations in Manipur? (250 Words)
2. Assess the role of the National Commission for Backward Classes (NCBC) in addressing the complexities of tribal identity and ensuring social justice for marginalized communities. How can the NCBC be strengthened to better address issues like the Kuki-Zomi delisting proposal? (250 Words)
 
Previous Year Questions
 
1. Who was appointed as the head of the OBC Sub-categorisation Commission?
(Maharashtra Talathi 2019) 
A. Justice Geeta Mittal
B. Justice Manjula Chellur
C. Justice Tahilramani
D. Justice G. Rohini
 
 
2. Which of the following pairs of list and contents is/are correctly matched? (UPSC CAPF 2019) 
1. State list                     Public health and sanitation
2. Union list                  Citizenship, naturalisation and aliens
3. Concurrent list          Legal, medical and other
Select the correct answer using the code given below:
A. 1 only             B. 1, 2 and 3          C.  2 and 3 only            D.  3 only
 
Answers:1-D, 2- B
 
Source: The Hindu
 

RIGHT TO INFORMATION ACT

 

1. Context

For 13 years, the Right to Information Act, of 2005, helped citizens obtain information and data from Central and State institutions that are not readily available in the public domain. The RTI Act allows any citizen to request access to data, documents, and other information in the government’s possession. India’s RTI Act has been commonly cited as among the most comprehensive public records access legislations in the world. In recent years, though, activists worry that the system is being made less and less effective, shutting off a crucial means to hold public officials accountable.

2. The Right to Information (RTI) Act:

  • The Right to Information (RTI) Act is a landmark legislation enacted in India in 2005.
  • It empowers citizens to access information held by public authorities and promotes transparency and accountability in government functioning.

Here are key points about the RTI Act:

Objective

The primary objective of the RTI Act is to provide citizens with the legal right to request and receive information from government agencies and departments.

Applicability

The Act applies to all government bodies at the central, state, and local levels, including ministries, departments, public sector undertakings, and even non-governmental organizations receiving government funding.

Information Disclosure

It mandates government bodies to proactively disclose certain categories of information to the public, reducing the need for citizens to file RTI applications for routine information.

Request Process

  • Citizens can file RTI applications in writing, seeking specific information. They need to pay a nominal fee with the application.
  • Information must be provided within 30 days (or 48 hours for information concerning life and liberty), failing which authorities must explain the delay.

Exemptions

The Act specifies certain categories of information that are exempt from disclosure, primarily to protect national security, privacy, and sovereignty.

Public Interest Override

Even if the information falls under exempt categories, it must still be disclosed if there is an overriding public interest.

Promoting Accountability

  • The RTI Act is a powerful tool for holding public officials accountable for their actions and decisions.
  • It has been instrumental in exposing corruption, inefficiency, and human rights violations.

Challenges and Amendments:

Over the years, there have been concerns about the Act's effectiveness due to delays, procedural hurdles, and some amendments that activists argue weaken its provisions.

Impact

  • The RTI Act has empowered citizens to participate in governance, making the government more transparent and accountable.
  • It has been hailed as a significant step toward strengthening democracy in India.

Role of Information Commissions

Information Commissions at the central and state levels are responsible for hearing appeals and resolving disputes related to RTI applications.

3. RTI Act Amendment:

  • The Digital Personal Data Protection Act, of 2023, amended the RTI Act.
  • It changed the prohibition on disclosing personal data from qualified to the total.
  • NCPRI opposed this change, as it hinders social audits and may protect powerful officials.
  • The Right to Information (Amendment) Act, of 2019, gave Union Government unilateral power over information commissioners' tenure and salaries.
  • This raised concerns about their independence and effectiveness.

4. Undermining the RTI Act:

Dependence on Subordinate Rules:

  • The RTI Act's effectiveness relies on subordinate rules set by Union and State Governments.
  • States have autonomy in determining payment methods for RTI applications, causing disparities.

Payment Method Variations

  • Inconsistencies exist in payment methods across states.
  • Example: Tamil Nadu doesn't accept Indian Postal Orders (IPOs), a convenient payment method.
  • Court fee stamps and demand drafts may be less accessible and burdensome alternatives.

Tardy Appointments to Information Commissions

  • Delays in appointing members to Information Commissions, like the Central Information Commission (CIC) and State Information Commissions (SICs), erode confidence.
  • Appeals can languish for months or years without resolution.
  • Jharkhand SIC, for instance, lacked commissioners since May 2020, rendering the appeals process ineffective.

5. Online RTIs:

  • Online RTI applications ease accessibility by eliminating the need for uncommon financial instruments.
  • Payment via UPI simplifies the process.
  • Many Indian states lack online RTI portals, limiting access for citizens.
  • Even when available, some state government bodies may not be registered on these portals.
  • The Union Government's RTI portal, launched in 2013, faces usability issues.
  • Account creation, which streamlined the application process, has been removed.
  • Users must now enter personal details for each application.
  • Past applicant data has experienced glitches, with applications disappearing and later being restored.

6. Challenges and Dissatisfaction:

  • Dissatisfaction with the RTI Act's effectiveness is increasing at a fundamental level.
  • More first appeals are being filed, indicating public dissatisfaction with the information provided by public officials.
  • The RTI Act faces structural problems related to institutions and websites.
  • These issues hinder citizens' ability to conveniently access information and file requests.
  • Activists highlight that the weakening of the RTI Act isn't limited to changes in the law's text.
  • It stems from various government institutions' ways of discharging duties, narrowing avenues for information access, and understaffed appellate bodies.
For Prelims: Right to Information Act, 2005, Central Information Commission (CIC), State Information Commissions (SICs), Indian Postal Orders (IPOs), Digital Personal Data Protection Act, of 2023.
For Mains: 1. Examine the impact of recent amendments to the Right to Information (RTI) Act on its core principles of transparency and accountability. How can the Act strike a balance between protecting sensitive information and ensuring citizens' access to government-held data?
 

Previous year Question

1. Which of the following is related to the Right to Information Act, of 2005? (UPPSC 2015)
A. Lily Thomas v/s Union of India
B. Nandini Sundar v/s State of Chhattisgarh
C. Namit Sharma v/s Union of India
D. None of the above
Answer: C
Source: The Hindu
 

NATIONAL GREEN TRIBUNAL

 

1. Context

The National Green Tribunal (NGT) has issued notice to the Centre and others regarding the rapid expansion of the Himalayan glacial lakes, raising concerns over the increasing risk of natural disasters

2. What is National Green Tribunal (NGT)?

  • The National Green Tribunal (NGT) is a specialized judicial body established in India to handle cases related to environmental protection and conservation.
  • It was established under the National Green Tribunal Act, of  2010, and its primary objective is to effectively and expeditiously address environmental disputes and promote sustainable development.
  • With the establishment of the NGT, India became the third country in the world to set up a specialized environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
     
  • NGT is mandated to make disposal of applications or appeals finally within 6 months of the filing of the same.
  • The NGT has five places of sittings, New Delhi is the Principal place of sitting, and Bhopal, Pune, Kolkata and Chennai are the other four.

3. Structure of the National Green Tribunal (NGT)

  • Chairperson: The NGT is headed by a full-time Chairperson who is a retired judge of the Supreme Court of India. The Chairperson is responsible for the overall administration and functioning of the tribunal.
  • Judicial Members: The NGT consists of judicial members who are retired judges of either the Supreme Court or a High Court. These members have extensive legal knowledge and experience in handling environmental matters.
  • Expert Members: The tribunal also includes expert members who possess expertise in areas such as environmental science, ecology, hydrology, and forestry. These members provide valuable technical insights and guidance in the resolution of environmental disputes.
  • The NGT is organized into multiple benches located across different regions of India. These benches are responsible for hearing cases specific to their respective jurisdictions. Each bench is headed by a judicial member and consists of one or more expert members, as required.

4. What are the Important Landmark Judgements of NGT?

The National Green Tribunal (NGT) has delivered several landmark judgments that have had a significant impact on environmental protection and conservation in India. Here are some of the important landmark judgments delivered by the NGT:

  • Vardhaman Kaushik v. Union of India (2013): This case dealt with the issue of groundwater depletion due to illegal extraction by industries in Uttar Pradesh. The NGT directed the closure of industries that were extracting groundwater without proper permissions and ordered the payment of compensation for environmental damage caused.
  • Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors. (2014): In this case, the NGT ordered the closure of an industrial unit in Gujarat for releasing untreated effluents into a water body, causing pollution and harm to the environment and public health.
  • M.C. Mehta v. Union of India (2014): The NGT issued a landmark judgment in this case regarding the pollution of the Yamuna River. It directed several measures to clean and rejuvenate the river, including the establishment of sewage treatment plants and the regulation of industries contributing to pollution.
  • Subhash Chandra Sharma v. Union of India (2015): This case focused on the issue of air pollution caused by solid waste burning in open areas. The NGT imposed a ban on burning waste in open spaces and directed municipal authorities to take measures to manage waste effectively.
  • Raghu Nath Sharma v. State of Himachal Pradesh (2016): The NGT ordered the closure of illegal hotels and structures in the eco-sensitive Rohtang Pass area of Himachal Pradesh to protect the fragile Himalayan ecosystem.
  • Yamuna Muktikaran Abhiyan v. Union of India (2017): This case dealt with the rejuvenation of the Yamuna River and led to the NGT issuing directions to clean and restore the river, including measures to prevent encroachments and pollution.
  • M.C. Mehta v. Union of India (2017): The NGT banned the use of disposable plastic in Delhi and the National Capital Region (NCR) and directed authorities to take steps to prevent the use and sale of such plastic.
  • Shailesh Singh v. Hotel Holiday Regency (2019): In this case, the NGT imposed heavy fines on a hotel in Shimla, Himachal Pradesh, for causing air pollution by running diesel generators without proper emission control measures.
  • Subhash Chandran vs. Tamil Nadu Pollution Control Board (2020): This judgment highlighted the importance of safeguarding coastal areas and wetlands from unauthorized construction and development activities, emphasizing the need for stringent environmental norms.
  • In Re: Report by Comptroller and Auditor General of India (2021): The NGT directed the formulation of guidelines for the regulation of groundwater extraction and management to prevent overexploitation and depletion.

5. What is a dissolved oxygen level?

  • Dissolved oxygen (DO) level refers to the concentration of oxygen gas (O2) that is dissolved in a liquid, typically water.
  • It is a crucial parameter in aquatic ecosystems as it directly affects the survival and well-being of aquatic organisms.
  • In natural water bodies like lakes, rivers, and oceans, oxygen dissolves from the atmosphere through processes such as diffusion and aeration.
  • Aquatic plants, algae, and phytoplankton also contribute to the production of oxygen through photosynthesis. However, the level of dissolved oxygen can fluctuate based on various factors, including temperature, altitude, water flow, pollution, and organic matter decomposition.
  • Dissolved oxygen is essential for aquatic organisms because they rely on it for their respiration process, similar to how animals breathe oxygen from the air.
  • Insufficient levels of dissolved oxygen can lead to hypoxia, a condition where organisms are deprived of the oxygen they need to survive. This can result in stress, reduced growth, reproductive issues, and even mortality in aquatic species.

Different species of aquatic organisms have varying tolerance levels for dissolved oxygen. For example:

  • Fish and other aquatic animals often require dissolved oxygen levels between 4 to 6 milligrams per liter (mg/L) to thrive.
  • Some species of fish, insects, and other aquatic organisms can tolerate lower levels of dissolved oxygen, even below 2 mg/L, while others require higher concentrations.

6. What are chemical oxygen demand and biological oxygen demand?

Chemical Oxygen Demand (COD):

  • COD is a measure of the amount of oxygen required to chemically oxidize and break down organic and inorganic substances present in water.
  • It provides an indication of the total amount of pollutants that can be chemically oxidized by a strong oxidizing agent. COD is expressed in milligrams per liter (mg/L) of oxygen consumed.
  • COD is useful in assessing the overall pollution load in a water sample, including both biodegradable and non-biodegradable substances.
  • It is commonly used for industrial wastewater monitoring, as it provides a rapid estimation of the organic content and potential pollution levels. However, COD does not differentiate between different types of pollutants or indicate the potential impact on aquatic life.

Biological Oxygen Demand (BOD):

  • BOD measures the amount of dissolved oxygen consumed by microorganisms (bacteria) during the biological degradation of organic matter in water.
  • It is a key indicator of the level of biodegradable organic pollutants present in water. BOD is expressed in milligrams per liter (mg/L) of oxygen consumed over a specific time period, usually 5 days (BODâ‚…).
  • BOD is particularly important in assessing the impact of organic pollution on aquatic ecosystems.
  • High BOD levels indicate that a water body may have a significant amount of organic pollutants, which can lead to oxygen depletion as microorganisms break down the organic matter. This oxygen depletion, known as hypoxia, can harm aquatic organisms and disrupt the ecological balance of the water body.

Comparing BOD and COD:

  • BOD primarily measures the biologically degradable organic matter and provides information about the potential impact on aquatic life.
  • COD measures both biologically and chemically degradable pollutants, giving an indication of the overall pollution load and oxygen demand.
  • BOD is a more specific and ecologically relevant parameter, but it takes longer to determine (5 days), while COD can be measured more quickly.
For Prelims: National Green Tribunal (NGT), National Green Tribunal Act, of  2010, Dissolved oxygen (DO), Chemical Oxygen demand (COD), and Biological Oxygen Demand (BOD).
For Mains: 1. Discuss the significance of Chemical Oxygen Demand (COD) and Biological Oxygen Demand (BOD) as critical indicators for assessing water pollution and quality. (250 Words)
 

Previous year Question

1. How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? (UPSC 2018)
1. The NGT has been established by an Act whereas the CPCB has been created by the executive order of the Government.
2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
 
2. The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India? (UPSC 2012)
1. Right of a healthy environment, construed as a part of the Right to life under Article 21
2. Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1)
3. Powers and functions of Gram Sabha as mentioned under Article 243(A)
Select the correct answer using the codes given below:
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: A
Source: The Indian Express
 

SOCIALIST AND SECULAR

1. Context

A Division Bench of the Supreme Court led by the Chief Justice of India dismissed pleas challenging the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble to our Constitution

2. The Preamble of the Indian Constitution

  • The Preamble of the Indian Constitution serves as an introduction to the document and encapsulates its fundamental principles and objectives.
  • It was influenced by the Objectives Resolution adopted by the Constituent Assembly on January 22, 1947.
  • The original Preamble, adopted in 1950, outlined India's commitment to being a sovereign democratic republic and ensuring justice, liberty, equality, and fraternity for all citizens.

2.1. The Original Preamble (1950)

The Preamble of the Constitution that commenced in 1950

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens:

  • JUSTICE, social, economic and political;
  • LIBERTY of thought, expression, belief, faith and worship;
  • EQUALITY of status and of opportunity; and to promote among them all
  • FRATERNITY assuring the dignity of the individual and the unity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

3. The Addition of "Socialist" and "Secular"

3.1. The Inclusion of "Socialist"

  • Indira Gandhi aimed to establish a pro-poor and socialist image, with slogans like “garibi hatao” (Eradicate poverty).
  • During the Emergency, her government inserted the word "socialist" into the Preamble to emphasize that socialism was a key goal and philosophy of the Indian state.
  • It's important to note that the Indian version of socialism did not envision the nationalization of all means of production, as seen in the USSR or China at the time.
  • Indira clarified that "we have our own brand of socialism," and that nationalization would only occur where deemed necessary.

3.2. The Inclusion of "Secular"

  • India is a diverse nation with people professing numerous faiths.
  • To promote unity and fraternity among its citizens, regardless of religious beliefs, the concept of "secularism" was enshrined in the Preamble.
  • This meant that the state would protect all religions equally, maintain neutrality and impartiality towards all religions, and not favour any one religion as a "state religion."
  • In essence, the secular Indian state was founded on the principle that the state's concern lies in the relationship between individuals, rather than between individuals and God, which is a matter of individual choice and conscience.
  • Articles 25-28 of the Constitution secure the secular nature of the Indian state.

3.3. "Socialist" and "Secular" in the Constitution

  • It's worth noting that the philosophy of socialism and secularism was always inherent in the Constitution.
  • Articles 25, 26, and 27 were intentionally included by the founders to promote secularism.
  • The 42nd Amendment, in 1976, formally inserted the words "socialist" and "secular" into the Preamble, making explicit what was already implicit in various provisions and the overall philosophy of the Constitution.
Image Source: NCERT

4. Past Debates and Petitions

  • The addition of "socialist" and "secular" to the Preamble has sparked debates over the years.
  • Various petitions have sought their removal, arguing that these terms were not originally intended to be part of the Constitution.
  • However, the Supreme Court has upheld their inclusion, emphasizing the broad and evolving meaning of "socialism" and its connection to welfare measures.

5. Conclusion

  • The inclusion of "socialist" and "secular" in the Preamble of the Indian Constitution reflects the evolving political and ideological landscape of the country.
  • While these terms were added during a specific period in history, the principles of secularism and welfare have been integral to the Constitution's philosophy from the beginning.
  • The ongoing debates and discussions surrounding these terms highlight the complex and dynamic nature of India's constitutional framework.
For Prelims: Indian Constitution, Socialist, secular, Preamble, Constituent Assembly, justice, liberty, equality, fraternity, garibi hatao, Article 25, Article 26, Article 27, Article 28, 42nd Amendment, in 1976, 
For Mains: 
1. Explain the significance of the Preamble in the Indian Constitution. How does it encapsulate the fundamental principles and objectives of the Constitution? (250 Words)
 
 
Previous Year Questions
 
1. With reference to Congress Socialist Party, consider the following statements: (UPSC 2015)
1. It advocated the boycott of British goods and evasion of taxes.
2. It wanted to establish the dictatorship to the proletariat.
3. It advocated separate electorate for minorities and oppressed classes.
Which of the statements given above is/are correct?
A. 1 and 2 only          B. 3 only            C. 1, 2 and 3            D. None
Answer: D
 
2. The Preamble to the Constitution of India is (UPSC 2020) 
A. a part of the Constitution but has no legal effect
B. not a part of the Constitution and has no legal effect either
C. a part of the Constitution and has the same legal effect as any other part
D. a part of the Constitution but has no legal effect independently of other parts
 
Answer: D
 
3. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty? (UPSC 2019)
A. Protection against the tyranny of political rulers
B. Absence of restraint
C. Opportunity to do whatever one likes
D. Opportunity to develop oneself fully
Answer: D
 
4. Which one of the following statements about 'personal liberty' is not correct? (UPSC CAPF 2021) 
A. State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
B. Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
C. Personal liberty can be secured by the judicial writ of Habeas Corpus.
D. The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.
 
Answer: D
 
5. One of the implications of equality in society is the absence of (UPSC 2017)
A. Privileges        B. Restraints         C. Competition         D. Ideology
 
Answer: A
 
6. Regarding the word 'Fraternity' in the preamble of the Indian Constitution, choose the correct statement(s) (TNPSC Group 1 2021)
(a) It leaves no room for regionalism
(b) It leaves room for communalism
(c) It leaves no room for casteism
A. (a) and (c)          B. (b) only             C. (a) and (b) (c) only         D. Answer not known Answer: A
 
7. The slogan 'Garibi Hatao' was introduced in  (Haryana Civil Services 2014) (APPSC Group 2 2017)
A. First plan       B. Fifth plan        C. Fourth plan           D. Second plan
Answer: B
 
8. According to Article 25 of the constitution, the right to freedom of religion is not subject to whom? (RPSC RAS Prelims 2013)
A. Public order      B. Health       C.  Virtue        D. Humanism
Answer: D
 
9. According to Article 25 - 28 of Fundamental Rights, find the incorrect statements about it from below: (MPSC 2019)
A. No religions instructions shall be provided in any education institution wholly funded by the state.
B. Secularism is the basic feature of the Constitution.
C. State shall not compel any person to pay any taxed which shall to be used to promote and maintain any particular religion.
D. This right is available to Indian citizens only.
 
Answer: C
 
10. Article 26 of the Indian Constitution deals with which of the following? (DSSSB TGT 2021) 
A. Freedom as to payment of taxes for promotion of any particular religion
B. Protection of certain rights regarding freedom of speech, etc.
C. Freedom to manage religious affairs
D. Protection of interests of minorities
Answer: C
 
11. The 42nd Amendment of the Constitution of India was enacted in the year ________. (SSC CHSL 2018) 
A.1947         B. 1976          C. 1991          D.  2016
 
Answer: B
 
 
Source: The Indian Express
 
 

GENETICALLY MODIFIED FOOD

 
 
1.Context
Unapproved genetically modified #GM maize has been detected in processed and unprocessed food products in India, raising concerns about biosafety and regulatory lapses
 
2.What is GM Food?
  • Genetically modified organisms (GMOs) are organisms that have altered DNA to change their properties
  • Genetically modified crops can improve yield, build resistances to pests, frost or drought, or add nutrients
  • Crops can also be modified to reduce carbon emissions and boost the sustainability of food production
  • While widespread, GM crop production uses only about 10% of the land non-GM crop production uses.
  • GM is nothing more than a breeding technique, much like crossing that we’ve been doing for thousands of years. But it’s more sophisticated, so we can make very precise changes, very rapidly
  • GMOs were first introduced in the US in 1994, with modified tomato plants that ripened more slowly to prolong their shelf life
  • Since then, a wide range of crops, such as soybeans, wheat and rice have been approved for agricultural use, along with GM bacteria grown to produce large amounts of protein
  • Scientists in India have also developed strains of Sub-1 rice, which are much more resistant to flooding
  •  Flooding is a major issue in rice-growing regions of northern India and Bangladesh, set to become worse as the climate crises develops, and now 6 million farmers in the region are using Sub-1 rice to safeguard their crops against inundation
  • Golden rice, on the other hand, is a GM strain modified to contain vitamin A, designed to combat the shortage of dietary vitamin A in parts of Asia and Africa
2.1. Disease resistance
Gene editing technology has also helped save crop production from blights 
In the late 20th century, the papaya ringspot virus almost wiped-out papaya crops in Hawaii, but a local scientist developed a modified papaya that was resistant to the virus. Seeds were distributed to farmers, saving papaya production a decade later
Currently there’s no real solution except for massive fungicide applications
No one wants that, so we worked on adding genes or DNA changes from distantly related plants to achieve better resistances to the fungus
3. GM Controversy
  • Many people find the idea of GM foods hard to swallow — a 2020 opinion poll found 50% of people in 20 surveyed countries perceived GM foods as unsafe
  • When GM crops were first developed 30 years ago, uncertainty and concerns about safety were shared by scientists, but things are different now
  • Scientists say that "GM food is completely safe to eat, and 30 years of information showing it’s not dangerous for the environment"
  • There are concerns big corporate interests from companies like Monsanto, which promote more pesticides and monocultures and wrong forms of agriculture and seeds sold to farmers and expensive prices
4. GM Food Industry
  • GM agriculture is moving on from the Monsanto big-dog corporate model
  • GM products are increasingly focused on social and public enterprise and the industry is looking at more local solutions that help smallholder farmers in developing countries
  • Regulation and licensing are a huge part of this. Many, including Replanet, strongly advocate for open-source seeds and GM technologies
  • You can develop GMOs without patents developed by humanitarian public organizations
  • It’s about creating a licensing landscape that empowers local farmers to adapt to the demands of sustainable agriculture, but quickly enough to meet rising populations and climate change
 
 
For Prelims: Bt Cotton, Bt Cotton
For Mains: 1. Genetically modified food remains controversial, especially in Europe, but for some experts, it is the best science-based method for a sustainable global food system amidst biodiversity loss and a rising population. Discuss (250 Words)
 
Source: indianexpress

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