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DAILY CURRENT AFFAIRS, 28 NOVEMBER 2024

NATIONAL INVESTIGATION AGENCY (NIA)

1. Context

The National Investigation Agency (NIA) on Wednesday informed the Patiala House court here that it will write to the Delhi High Court requesting it to designate the NIA court with the powers of MP/MLA court to empower it to hear a terror funding case in which Baramulla MP Shiekh Abdul Rashid, aka Engineer Rashid, is one of the accused.

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
 
 

SUPERCONDUCTIVITY

 
 
 
1. Context
Scientists have found that moiré materials made from semiconductor materials can also be superconducting, a property once considered to be exclusive to graphene; exploring why semiconductor moiré materials behave differently is key to advancing understanding of quantum materials
 
 
2. SuperConductivity
  • Superconductivity refers to a state in which a material offers zero, or near-zero, resistance to electric current.
  • A current is nothing but the movement of charged particles, electrons in most cases, in a particular direction.
  • When the electrons move, they collide, and interact, with other atoms in the material
  • Elimination of this resistance can result in super-efficient electrical appliances, removal of transmission losses in power cables, and massive gains in energy
  • Superconducting materials show very interesting behaviour under magnetic field which allows the functioning of systems like the MRI scan machine and the superfast Maglev trains that float above the tracks.
  • Superconductors have very critical uses in a wide variety of other scenarios as well
Superconductors
3. Temperature vs Superconductivity
  • As of now, superconductivity can be achieved only at very low temperatures, more than 250 degree Celsius below zero, very close to absolute zero which is – 273 degree Celsius.
  • The first material to have been discovered to show super conductive properties was Mercury, which becomes a superconductor at close to 270 degree Celsius below zero
  • Most of the other materials commonly used as superconductors – Lead, Aluminum, Tin, Niobium, and several others – also become superconducting at comparable temperatures, called critical temperature
  • In some cases, materials can exhibit superconductivity at slightly higher temperatures as well, but under increased pressure conditions
  • It is all about creating the right kind of conditions for the electrons in the material to move without resistance, and a variety of tweaks are experimented with depending upon the internal atomic structure of the material.
  • Even the materials that are classified as ‘high-temperature’ superconductors, as of now, show superconductive properties only well below -150 degrees Celsius
  • There have been claims for superconductivity at much higher temperatures, in some cases, above zero degree Celsius as well, but these are either contested or require extreme pressure conditions
4. Advantages of Superconducters
Superconductors are materials that conduct electricity with zero resistance. This means that no energy is lost when electricity flows through a superconductor, which has a number of potential advantages.
4.1.Efficiency: Superconductors can be used to create more efficient electrical devices. For example, superconducting wires can be used to transmit electricity over long distances with little loss of power. This could lead to lower energy bills for consumers and businesses
4.2.Speed: Superconductors can also be used to create faster electronic devices. This is because superconductors can carry more current than traditional conductors, which allows them to operate at higher frequencies. This could lead to faster computers, telecommunications devices, and other electronic equipment
4.3.Sensitivity: Superconductors can also be used to create more sensitive devices. This is because superconductors can detect very small changes in magnetic fields. This could lead to new medical imaging devices, navigation systems, and other sensitive equipment
4.4.Magnetic fields: Superconductors can be used to create powerful magnetic fields. This is because superconducting magnets can carry more current than traditional magnets, which allows them to generate stronger fields. This could lead to new applications in medical imaging, particle accelerators, and other fields.
 
5. Way forward
he potential advantages of superconductors are significant, but there are also some challenges that need to be addressed before they can be widely used. One challenge is the need to cool superconductors to very low temperatures. This can be expensive and complex. Another challenge is that superconductors are often brittle and difficult to work with
 
 
 
For Prelims: Conductors, Insulators, Conductivity, Electrons
For Mains: 1.Discuss the significance of superconductors in modern technology and their potential applications in various sectors like energy, transportation, and medicine. What challenges need to be overcome to realize their full potential?
2.Explain the principles of superconductivity and the factors that influence the critical temperature of superconducting materials. Discuss the different types of superconductors and their unique properties
 
 
 
Source: indianexpress
 

MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT (MGNREGA)

1. Context

Central to the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is the legal right to work for 100 days per year per rural household. Each household gets a unique job card containing the list of all its registered adults. One cannot work in MGNREGA without a job card. Addition of new members to job cards happens upon furnishing appropriate documents establishing adulthood
 

2. About the National Level Monitoring (NLM) report

  • The National Level Monitoring (NLM) report is a study conducted by the Ministry of Rural Development (MoRD) to assess the implementation of various rural development programs in India.
  • The report is based on field visits and interviews with stakeholders at the grassroots level.
  • The NLM report is an important tool for the government to identify areas where improvement is needed and track rural development programs' progress.
  • The report also provides valuable insights into the challenges faced by rural communities and the impact of government interventions.

The NLM report typically identifies the following areas:

  • The coverage of rural development programs
  • The quality of implementation of rural development programs
  • The impact of rural development programs on the lives of rural people

The NLM report also provides recommendations to the government on improving the implementation of rural development programs and making them more effective.

 

3. The findings of the NLM report

  • In 2017-18, the NLM report found that the quality of construction of 87% of the verified works under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was satisfactory. However, the report also found that only 139 out of 301 districts had seven registers maintained satisfactorily.
  • In 2018-19, the NLM report found that the job cards, an important document that records entitlements received under MGNREGA, were not regularly updated in many districts. The report also found that there were significant delays in payments to workers.
  • In 2019-20, the NLM report found that the Pradhan Mantri Awaas Yojana - Gramin (PMAY-G) program was facing challenges due to a shortage of construction materials and skilled labour. The report also found that there were delays in the processing of applications and the release of funds.
  • The NLM report for 2020-21 found that the coverage of rural development programs had improved significantly in recent years. However, the report also found that there was still a need to improve the quality of implementation of these programs.
  • The NLM report for 2021-22 found that the impact of rural development programs on the lives of rural people had been positive overall. However, the report also found that there were still some disparities in the impact of these programs across different regions and social groups.
 

4. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)

The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is a social welfare program that guarantees 100 days of unskilled manual wage employment in a financial year to a rural household whose adult members volunteer to do unskilled manual work. The Act was enacted by the Government of India in 2005 and came into force on February 2, 2006.

4.1. Mandate and Goals

  • The mandate of MGNREGA is to provide employment and ensure food security for rural households.
  • The scheme also aims to strengthen natural resource management, create durable assets, improve rural infrastructure, and promote social equity.
  • The goals of MGNREGA are to Reduce rural poverty, Increase employment opportunities, Improve food security, Create durable assets, Improve rural infrastructure and Promote social equity. 

4.2. Core Objectives 

  •  The primary goal of MGNREGA is to provide at least 100 days of guaranteed wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work.
  • The program aims to reduce poverty and distress by offering employment opportunities, especially during seasons of agricultural unemployment.
  • MGNREGA encourages the creation of productive and durable assets such as water conservation structures, rural infrastructure, and land development. These assets not only improve rural livelihoods but also contribute to sustainable development.
  • The Act promotes gender equality by ensuring that at least one-third of the beneficiaries are women and that their participation in the workforce is actively encouraged.

4.3. Key Stakeholders 

  • Rural households are the primary beneficiaries and participants in the MGNREGA scheme.
  • Gram Panchayats play a pivotal role in implementing the program at the grassroots level. They are responsible for planning, execution, and monitoring of MGNREGA projects within their jurisdiction.
  • The central government provides the funds and sets the broad guidelines, while the state governments are responsible for the program's effective implementation.
  • The DPC is responsible for the overall coordination and monitoring of MGNREGA activities within a district.
  • Rural labourers, both skilled and unskilled, participate in MGNREGA projects and directly benefit from the program.

4.4. Role of Gram Sabha and Gram Panchayat

  • The Gram Sabha is the village assembly consisting of all registered voters in a village. Its role in MGNREGA includes discussing and approving the annual development plan, ensuring transparency in project selection, and conducting social audits to monitor program implementation.
  • The Gram Panchayat is responsible for planning, approving, executing, and monitoring MGNREGA projects within its jurisdiction. It also maintains records of employment provided, ensures timely wage payments, and conducts social audits. The Panchayat is accountable for the effective utilization of MGNREGA funds.

4.5. Issues with MGNREGA

  •  Delayed wage payments to labourers have been a persistent issue, affecting the livelihoods of beneficiaries.
  •  There have been cases of corruption and leakages in the implementation of MGNREGA projects, leading to suboptimal outcomes.
  • Administrative inefficiencies, complex procedures, and bureaucratic hurdles have hampered program delivery.
  • Some argue that the quality and effectiveness of assets created under MGNREGA projects have been variable and not always aligned with the intended goals.
  • Not all eligible rural households are provided 100 days of guaranteed employment, which can limit the program's impact.
  • Adequate budget allocation to meet the program's demands and inflation-adjusted wages remains a concern.

5. Conclusion

MGNREGA has made a positive impact on the lives of rural people, particularly in terms of employment opportunities and the creation of durable assets. It remains a crucial tool in India's efforts to promote rural development, reduce poverty, and achieve social equity. Addressing the identified issues will be critical in ensuring the continued success and effectiveness of the program in the years to come.

 

For Prelims: MGNREGA, National Level Monitoring (NLM) report, Ministry of Rural Development, rural development, Pradhan Mantri Awaas Yojana - Gramin (PMAY-G), 
For Mains: 
1. Evaluate the importance of the Mahatma Gandhi National Rural Employment Guarantee Act in the context of rural development and food security in India. How does MGNREGA contribute to sustainable development and rural infrastructure improvement? (250 Words)
 
 
 
Previous Year Questions
 
Prelims

1. Among the following who are eligible to benefit from the “Mahatma Gandhi National Rural Employment Guarantee Act”? (UPSC 2011)

(a) Adult members of only the scheduled caste and scheduled tribe households
(b) Adult members of below poverty line (BPL) households
(c) Adult members of households of all backward communities
(d) Adult members of any household

Answer: D

2. The Multi-dimensional Poverty Index developed by Oxford Poverty and Human Development Initiative with UNDP support covers which of the following? (UPSC 2012)

  1. Deprivation of education, health, assets and services at household level
  2. Purchasing power parity at national level
  3. Extent of budget deficit and GDP growth rate at national level

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

3. Which of the following grants/grant direct credit assistance to rural households? (UPSC 2013)

  1. Regional Rural Banks
  2. National Bank for Agriculture and Rural Development
  3. Land Development Banks

Select the correct answer using the codes given below:

(a) 1 and 2 only         (b) 2 only                     (c) 1 and 3 only                (d) 1, 2 and 3

Answer: C

4. How does the National Rural Livelihood Mission seek to improve livelihood options of rural poor? (UPSC 2012)

  1. By setting up a large number of new manufacturing industries and agribusiness centres in rural areas
  2. By strengthening ‘self-help groups’ and providing skill development
  3. By supplying seeds, fertilisers, diesel pump-sets and micro-irrigation equipment free of cost to farmers

Select the correct answer using the codes given below:

(a) 1 and 2 only          (b) 2 only                        (c) 1 and 3 only              (d) 1, 2 and 3

Answer: B 

5. Under the Pradhan Mantri Awaas Yojana-Gramin (PMAY-G), the ratio of the cost of unit assistance to be shared between the Central and State Governments is: (MP Patwari 2017)

A. 60:40 in plain areas and 90:10 for North Eastern and the Himalayan States
B. 70:30 in plain areas and 80:20 for North Eastern and the Himalayan States
C. 50:50 in plain areas and 70:30 for North Eastern and the Himalayan States
D. 75:25 in Plain areas and 85:15 for North Eastern and the Himalayan States
 
Answer: A
 
Mains
 
1. The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment (UPSC 2013)
 
Source: indianexpress
 

BITCOIN

 
 
 
1. Context
 
Investors in the world’s largest cryptocurrency are anticipating a significant downward move after bitcoin failed to hit an all-time peak of $100,000, according to a crypto trading platform citing recent options activity.
 
 
2. About Bitcoin
  • Bitcoin is a digital or virtual currency that uses cryptography for security and operates on a decentralized network called blockchain.
  • It was invented in 2008 by an unknown person or group of people using the pseudonym Satoshi Nakamoto and was released as open-source software in 2009.
  • Bitcoin is often referred to as a cryptocurrency because it relies on cryptographic techniques to secure transactions, control the creation of new units, and verify the transfer of assets.
  • Unlike traditional currencies, Bitcoin is not issued by a central authority like a government or a bank, but rather it is created through a process called mining, where powerful computers solve complex mathematical problems to validate and record transactions on the blockchain.
  • Bitcoin can be used to buy goods and services, or it can be traded on various online exchanges for other currencies or assets.

3. Understanding Bitcoin Halving

  • Bitcoin halving is a significant event in the world of cryptocurrency, marking a 50% reduction in the reward given to Bitcoin miners for successfully validating transactions and adding them to the blockchain. This process, known as 'Proof of Work,' requires miners to solve complex mathematical puzzles using advanced computer equipment. The first miner to solve the puzzle claims the reward, which is currently set at 6.25 Bitcoin (BTC). However, the actual value of this reward fluctuates based on the market price of BTC and when the miner chooses to sell.
  • Imagine a group of cashiers in a grocery store competing to accurately tally up the same set of items. The first cashier to complete the task receives a prize of ten gold coins. Each cashier can use their preferred tools to tally the items, with some opting for paper and pencil, others using a smartphone calculator, and some investing in state-of-the-art computer systems. While the cashier with the most advanced equipment is more likely to win, others still have a chance. This system encourages all cashiers to perform well, ensuring efficient service for customers.
  • Now, consider returning to the same grocery store after several years. The cashiers are still competing for the same prize, but it has been reduced to five gold coins. Is the prize still worth the effort? The answer depends on the market price of gold and the cost of the equipment the cashiers invested in.
  • Similarly, Bitcoin halving reduces the reward for miners, making it less profitable for some. However, it also helps maintain the scarcity of Bitcoin, which is a key factor in its value. Ultimately, Bitcoin halving is a crucial part of the cryptocurrency ecosystem, ensuring the sustainability and integrity of the blockchain.

4. Significance of Bitcoin Halving for Crypto Investors

  • Bitcoin halving is a critical event for crypto investors due to its impact on the supply and scarcity of BTC. While Bitcoin mining increases the supply of BTC, halving reduces the rate at which new coins are released, making the asset more scarce.
  • This scarcity is often associated with upward pressure on prices, similar to gold. With a total limit of 21 million BTC, over 19 million have already been mined, leaving a limited number of coins to be mined in the future.
  • Halving occurs after every 210,000 blocks are mined, typically happening every four years. In 2009, a successful miner could claim 50 BTC as a reward, which has now been reduced to 3.125 BTC after the latest halving.
  • However, the value of these rewards can vary significantly based on the price of Bitcoin. For example, as of February 14, 2024, the price of 1 BTC was approximately $49,528, making a mining reward of 6.25 BTC worth around $309,550.
  • Both corporate and independent miners are actively involved in Bitcoin mining, often seeking locations with cheap electricity prices to maximize profits.
  • While China was once a hub for crypto mining, government crackdowns have led to a migration of miners to other countries like Kazakhstan and Iran.
  • The future value of Bitcoin rewards after halving largely depends on the market price of Bitcoin, making it a crucial consideration for crypto investors.

 

5. Impact of Bitcoin Halving on Investors

  • The impact of Bitcoin halving on investors varies depending on their level of involvement with Bitcoin and its ecosystem.
  • For instance, a corporate-level miner who has invested heavily in Bitcoin mining hardware and is facing high electricity bills may be eager to earn their block reward while it is still set at 6.25 BTC, rather than the reduced 3.125 BTC.
  • On the other hand, a new trader who has made a small investment in Bitcoin through a crypto exchange app and is less familiar with the underlying blockchain technology might not react much to the news of halving.
  • Meanwhile, a more experienced trader who has studied past halvings might consider increasing their Bitcoin investment in anticipation of a potential price spike, while another might "short" Bitcoin, hoping to profit from a potential price crash.
  • Ultimately, the impact of Bitcoin halving on investors depends on their individual strategies, knowledge, and level of involvement in the cryptocurrency market.

 

6. Predicting the Crypto Market Post-Next Bitcoin Halving

  • The future of the crypto market after the next Bitcoin halving is uncertain and subject to various factors. While many self-styled crypto traders, financial analysts, fintech engineers, crypto influencers, and statisticians claim to predict Bitcoin's price trajectory using cryptocurrency models and metrics, investors must understand that these are educated guesses at best.
  • Some investors and analysts refer to a recurring four-year cycle tied to halvings, suggesting that prices tend to spike after these events. However, Bitcoin's journey has been unpredictable due to a mix of blockchain-related factors, regulatory changes, increased awareness of cryptocurrency investments, growing adoption of Bitcoin, and geopolitical or economic events.
  • Bitcoin's price is heavily influenced by investor sentiment, with indicators like the 'Fear and Greed' index helping investors understand potential price shifts. While the next Bitcoin halving will be an intriguing event, crypto watchers need to conduct their own research and determine what the halving means for them personally.
 
7. The Way Forward
 
Bitcoin is a complex and innovative digital currency. Understanding halving and its implications is crucial for anyone considering investing in the crypto market. Remember, thorough research and informed decision-making are essential when navigating this dynamic and evolving space.
 
 
For Prelims: Bitcoin, Crypto Currency, Digital Currency
For Mains: 
1. Explain the significance of Bitcoin halving for the cryptocurrency ecosystem. How does it affect the supply and scarcity of Bitcoin? (250 Words)
 
 
Previous Year Questions
 
1. With reference to 'Bitcoins', sometimes seen in the news, which of the following statements is/are correct?  (UPSC 2016)
1. Bitcoins are tracked by the Central Banks of the countries.
2. Anyone with a Bitcoin address can send and receive Bitcoins from anyone else with Bitcoin address.
3. Online payments can be sent without either side knowing the identity of the other.
Select the correct answer using the code given below.
A. 1 and 2 only        B. 2 and 3 only        C.  3 only      D.  1, 2 and 3
 
 
2. With reference to “Blockchain Technology”, consider the following statements:  (UPSC 2020) 
1. It is a public ledger that everyone can inspect, but which no single user controls.
2. The structure and design of the blockchain are such that all the data in it are about cryptocurrency only.
3. Applications that depend on the basic features of blockchain can be developed without anybody’s permission.
Which of the statements given above is/are correct?
A. 1 only    B. 1 and 2 only    C. 2 only      D.1 and 3 only
 
 
3. Currency swap is a method of (UGC  Commerce 2019) 
A. hedging against foreign exchange risk
B. speculating in foreign exchange
C. leverage instrument used by cooperative banks
D. mode of payment in international trade
 
 
4. "Rapid Financing Instrument" and "Rapid Credit Facility" are related to the provisions of lending by which one of the following? (UPSC 2022)
A. Asian Development Bank
B. International Monetary Fund
C. United Nations Environment Programme
D. Finance Initiative World Bank
 
Answers: 1-B. 2-D, 3-A, 4- B
Source: The Indian Express
 

INDIAN CONSTITUTION TURNS 75 

 
 
1. Context
 
As former Chief Justice of India, Justice DY Chandrachud underlined that Indian federalism represents a deliberate constitutional choice by the framers aimed at balancing unity and diversity, decentralisation, and democratic decision-making. This framework promotes self-rule while also ensuring shared governance. 
 
2. Background 
 
The creation of the Indian Constitution by the Constituent Assembly was a significant milestone in India's path to becoming an independent nation, culminating in its adoption on November 26, 1949 (with implementation starting on January 26, 1950). This important event is commemorated every year as Constitution Day, also referred to as National Law Day.
This day serves as an ideal opportunity to consider one of the most fundamental aspects of the Indian Constitution — its federal structure. This structure is outlined through the allocation of powers in the Seventh Schedule, which includes the Union List, the State List, and the Concurrent List
 
3. Unique features and Federalism
 

India is frequently referred to as a ‘quasi-federal’ republic because it blends aspects of both federal and unitary systems. This unique structure has been crafted to reflect the country’s socio-cultural and political diversity. While India follows a federal framework that distributes authority between the central government and individual states, its Constitution also incorporates unitary elements that provide adaptability in governance.

Key federal features established by the framers of the Constitution include:

  • Dual polity: India has a dual system of governance, consisting of the Union government at the center and state governments at the periphery.
  • Constitutional supremacy: All legislative acts at various levels must comply with the Constitution’s provisions.
  • Rigid amendment process: The Indian Constitution safeguards its federal balance by implementing a stringent amendment process, often requiring approval from both the central government and the states for changes that affect power distribution.
  • Division of powers: The Constitution clearly outlines the distribution of powers between the central and state governments in the Seventh Schedule, which categorizes subjects into three lists: the Union List, the State List, and the Concurrent List
 
4. Different lists in the Constitution
 

The Constituent Assembly established a comprehensive framework to maintain a clear separation of powers between the central government and the states through the Union and State lists.

  • Union List: This list includes subjects solely under the legislative jurisdiction of Parliament, with examples such as defence and foreign affairs.
  • State List: Subjects in this list fall under the legislative authority of state governments, including areas like police, public health, and agriculture.
  • Concurrent List: Modeled after the Australian Constitution, the Concurrent List specifies subjects on which both the Union and state governments can pass laws. In case of a conflict, Union laws take precedence. Examples of these subjects include education and marriage.

This three-tiered division of powers enables India to maintain a balance between national unity and regional independence while preserving the rich socio-cultural diversity of the nation.

Additionally, this practical approach fosters cooperative federalism, encouraging the Union and state governments to collaborate for development and public welfare. This setup also prevents the centralization of power at any single level of government. Changes to the Seventh Schedule require a special majority in Parliament and, in some instances, ratification by at least half of the state legislatures

4.1. Changes made to the list

  • The three lists in the Seventh Schedule of the Indian Constitution have undergone changes over time to align with evolving governance demands and public policy priorities. When the Constitution was adopted, the Union List contained 98 subjects, the State List had 66, and the Concurrent List included 47.
  • Today, these numbers have shifted to 100 subjects in the Union List, 59 in the State List, and 52 in the Concurrent List, highlighting significant adjustments over the years. Among these, the 42nd Amendment Act of 1976, often referred to as the "mini-Constitution" due to its comprehensive changes, brought the most notable revisions to the Seventh Schedule.
  • This amendment moved key subjects such as education, forests, wildlife protection, and the administration of justice from the State List to the Concurrent List. These centralising changes introduced by the 42nd Amendment reflect a broader trend toward increasing central authority within India’s federal framework.
  • While these adjustments aim to address national concerns and ensure consistency in critical areas, they also illustrate the shifting balance of power between the Union and the states as India adapts to emerging challenges and complexities

 

5. Concurrent list revisions

  • The inclusion of education in the Concurrent List aimed to establish uniform educational standards nationwide. This change empowered the Union government to implement national initiatives such as the Right to Education Act, 2009, and the National Education Policy, while allowing states to cater to region-specific educational demands.
  • Similarly, states were originally granted exclusive authority over forest management and conservation. However, the 42nd Amendment transferred forests to the Concurrent List, reflecting rising concerns about environmental degradation, deforestation, and the global significance of biodiversity.
  • This shift enabled the Union government to pass laws like the Forest Conservation Act, 1980, which restricted the diversion of forest land for non-forest purposes, including industrial and infrastructure projects.
  • Although these changes enhanced India’s capacity to enforce national environmental policies and fulfill international obligations, they also created friction, with some states viewing these regulations as overly restrictive, especially when forest lands are needed for developmental projects.
  • These adjustments underscore the evolving nature of India's federal framework, striving to balance national objectives with regional autonomy while fostering cooperative federalism
6. Challenges
 
The allocation of powers within the three lists of the Seventh Schedule of the Constitution showcases its flexibility, striking an effective balance between central authority and regional independence to address the country’s governance requirements. By embedding the principle of cooperative federalism, this structure promotes collaboration between the Union and state governments, allowing for the alignment of national goals with regional interests while preserving India’s democratic values and celebrating its unity in diversity
For Prelims: Constitutional amendment, Simple Majority, Special Majority, Constitutional Conventions, Anti-defection law, National Commission for Backward Classes (NCBC), Reservation for Economically Weaker Sections (EWSs), Goods and Services Tax (GST).
For Mains: 1. Discuss the significance and challenges associated with the process of amending the Constitution of India. (250 Words).
 

Previous year Question

1. Consider the following statements (2013)

1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statements given above is/are correct?

(a) 1 only 

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: d

2. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016)

A. Lok Sabha by a simple majority of its total membership

B. Lok Sabha by a majority of not less than two-thirds of its total membership

C. Rajya Sabha by a simple majority of its total membership

D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting

Answer: D

 
Source: Indianexpress

HIGH SEAS TREATY

 
 
1. Context
 
India signed an important international agreement called the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, or the High Seas Treaty at the United Nations General Assembly in New York on September 25, 2024. So far, 105 countries have signed the treaty which is ratified by 14 countries. The High Seas treaty would come into force 120 days after at least 60 countries submit their formal ratification documents
 
2. What are High Seas?
 
  • Covering 64% of the ocean's surface and approximately 43% of the Earth's area, the high seas are home to around 2.2 million marine species and up to a trillion types of microorganisms. These international waters are open to all, granting equal rights for navigation, overflight, economic ventures, scientific research, and the establishment of infrastructure such as undersea cables.

  • The lack of designated responsibility for the high seas has led to widespread issues such as resource overexploitation, biodiversity loss, pollution—including plastic waste—and ocean acidification. According to the United Nations, an estimated 17 million tonnes of plastic were dumped into oceans in 2021, a figure projected to rise in the years ahead.

  • Concluded in March 2023, the treaty focuses on ocean areas beyond any nation's jurisdiction. National jurisdictions typically extend up to 200 nautical miles (370 km) from the coastline, known as exclusive economic zones (EEZs). Beyond these zones lie the high seas or international waters. This treaty, formally titled the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, addresses the conservation and sustainable use of marine resources in these global commons

 
3. Key Objectives of High Seas Treaty
 
➤ Establishment of marine protected areas (MPAs), similar to designated protected forests and wildlife zones.
➤ Sustainable utilization of marine genetic resources and fair distribution of benefits derived from them.
➤ Implementation of environmental impact assessments for significant oceanic activities.
➤ Promotion of capacity-building initiatives and technology transfer
 
4.Key takeaways from High Seas
 
  • Marine-Protected Areas (MPAs): MPAs are zones in the ocean where ecosystems and biodiversity are under stress from human activities or climate change. They are akin to national parks or wildlife sanctuaries on land. Activities within these areas will be strictly regulated, with conservation measures similar to those implemented in forest and wildlife reserves. Currently, only about 1.44% of high seas are protected, according to the International Union for Conservation of Nature (IUCN).

  • Marine Genetic Resources: Oceans are home to an immense variety of life forms, many of which hold potential for applications like drug development. Genetic data from these organisms is being extracted and studied for potential benefits. The treaty aims to ensure that any resulting benefits, including financial ones, are equitably shared and not restricted by stringent intellectual property rights. Additionally, knowledge gained from these explorations is to remain openly accessible to all.

  • Environmental Impact Assessments (EIAs): The treaty mandates conducting prior environmental impact assessments for activities that could harm marine ecosystems or conservation efforts. These assessments must be made publicly available. EIAs are also required for activities within national jurisdictions if their impact extends to the high seas.

  • Capacity Building and Technology Transfer: Emphasis is placed on capacity building and technology transfer to support countries, particularly small island nations and landlocked states, that lack the resources or expertise to participate effectively in conservation or sustainable exploitation of marine resources. The treaty seeks to alleviate the additional burden these nations might face, such as conducting environmental impact assessments

 
Ratification and Treaty
 
Ratification refers to the formal process through which a country commits to being legally obligated by the provisions of an international law. This is distinct from simply signing the law. Signing signifies a country’s agreement with the law's principles and its intention to adhere to them. However, until the country completes the ratification process— which differs across nations— it is not legally required to comply with the provisions of that law
 
 
5.UN Convention on Laws and Seas
 
  • The United Nations Convention on the Law of the Sea (UNCLOS) is a comprehensive international legal framework that establishes guidelines for the proper use and governance of seas and oceans globally. It outlines nations' rights and responsibilities concerning oceanic activities and addresses issues such as sovereignty, navigation, and exclusive economic rights. Territorial waters and Exclusive Economic Zones (EEZs) are demarcated based on UNCLOS provisions.

  • According to UNCLOS, the Territorial Sea (TS) extends up to 12 nautical miles from a nation’s coastline. While a state exercises complete sovereignty over the waters within its TS, the EEZ grants the state exclusive economic rights over the resources beneath the sea's surface without full sovereignty.

  • UNCLOS provides overarching principles for fair access to ocean resources and the conservation of biodiversity and marine ecosystems. However, it does not detail the methods for achieving these goals. This gap is addressed by the High Seas Treaty, which functions as an implementation agreement under UNCLOS, similar to how the Paris Agreement operates within the framework of the UN Framework Convention on Climate Change (UNFCCC)

 
For Prelims: UN high seas, UN high seas treaty, UNCLOS,  Biodiversity of Areas Beyond National Jurisdiction (BBJN), Exclusive Economic Zone, Territorial Waters.
For Mains: 1. Discuss the significance of the Treaty of High Seas and explain how to save our high seas from overfishing and pollution.
 

Previous year Question

1. Concerning the United Nations Convention on the Law of Sea, consider the following statements: ( UPSC 2022)

  1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from a baseline determined by the convention.
  2. Ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea.
  3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Which of the statements given above is correct?

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer : D
 
Source: Indianexpress
 
 

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