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DAILY CURRENT AFFAIRS, 14 APRIL 2025

WAQF ACT

 
 
1. Context
 
Three persons were killed on Saturday in West Bengal’s Murshidabad district as protests over the Waqf (Amendment) Act turned violent in parts of the State.
 
2. India's Waqf Law
 
  • In Islamic law, a waqf refers to property dedicated to God for religious or charitable purposes. This can include any type of property, either movable or immovable, that is set aside for the benefit of the public, serving as an act of piety that enables Muslims to continue their charitable contributions even after death.
  • A waqf can be created through a formal document, or property may be recognized as waqf if it has been consistently used for religious or charitable purposes over time. The income generated from such properties is usually directed towards the upkeep of mosques, funding educational institutions, or aiding the needy.
  • Once a property is designated as waqf, it cannot be inherited, sold, or given away. Non-Muslims are also permitted to establish a waqf, provided the purpose aligns with Islamic values.
  • In India, waqfs are governed by the 1995 Act. The identification and delineation of waqf properties are carried out by a survey conducted by the State government.
  • A survey commissioner, appointed under this Act, identifies these properties through local inquiries, witness statements, and examination of public records. Once identified, the properties are listed in the State’s official gazette, and a record is maintained by the State Waqf Board.
  • Each waqf is managed by a mutawalli (caretaker) responsible for its administration. While waqfs are similar to trusts under the Indian Trusts Act of 1882, unlike trusts, waqfs cannot be dissolved by a Board
3. Functions and role of Waqf board
 
  • The 1995 Act creates Waqf Boards in each State, responsible for overseeing the management of waqf properties within their respective areas. These Boards are legally recognized entities, enabling them to initiate or face legal action.
  • Each State Waqf Board is led by a chairperson and includes one or two representatives from the State government, Muslim legislators, acknowledged Islamic scholars, and mutawallis (caretakers) of the waqfs.
  • The Act also requires the appointment of a full-time Chief Executive Officer for each Board, who must be a practicing Muslim and hold a rank equivalent to at least a Deputy Secretary in the State government.
  • The Waqf Board is empowered to manage waqf properties and undertake actions to reclaim lost assets. It also has the authority to approve the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease, but such transactions require the consent of at least two-thirds of the Board members.
  • The 2013 amendments to the 1995 Act further enhanced the Board's powers, making it almost impossible to sell waqf properties, as neither the mutawalli nor the Board is permitted to sell such property.
  • In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
  • This Council ensures consistent administration of waqf properties across the country and is chaired by the Union Minister of Minority Affairs.
  • The Council also advises the Union government on waqf-related matters, including policy formulation, implementation of waqf laws, and the resolution of inter-state disputes
4. Proposed Changes in the bill
 
  • The definition of ‘waqf’ has been revised under the new Bill. Now, only lawful property owners who have practiced Islam for at least five years are permitted to establish waqf properties through formal deeds.
  • This change eliminates the concept of ‘waqf by use,’ which allowed a property to be considered waqf based on its usage, even if the original deed was contested. Historically, waqf properties were often designated orally until formal documentation became more common.
  • To prevent fraudulent claims of waqf status, the Bill stipulates that any government property identified or declared as waqf, either before or after the enactment of this Act, will not be recognized as waqf property. The law also allows widows, divorced women, and orphans to benefit from waqf proceeds.
  • The responsibility for surveying waqf properties, previously handled by survey commissioners under the 1995 Act, will now be transferred to district collectors or officers of equivalent rank under the new Bill.
  • To enhance the accuracy of waqf property records, the Bill proposes the establishment of a centralized registration system. All information regarding waqf properties must be uploaded to this portal within six months of the law’s enactment, and any new waqf property registrations must be submitted through this portal to the Waqf Boards.
  • Additionally, the Bill removes section 40, which previously allowed waqf tribunals to determine whether a property qualifies as waqf. Instead, the district collector is now designated as the final authority on such matters.
  • Once a decision is made, the collector must update the revenue records and report to the State government. Importantly, the Bill states that the disputed property cannot be treated as waqf property until the collector submits a final report, meaning the Waqf Board cannot take control of the land until the government resolves the issue.
  • One of the most debated provisions in the Bill is the proposal to include non-Muslims in key waqf institutions, such as the Central Waqf Council, State Waqf Boards, and waqf tribunals.
  • The Bill authorizes the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without requiring them to be Muslims. Previously, under the 1995 Act, these MPs had to be from the Muslim community.
  • The new Bill also mandates that State Waqf Boards must include two non-Muslims and two women as members. The composition of waqf tribunals has been altered from a three-member body to a two-member body, consisting of a district judge and an officer of joint secretary rank to the State government.
  • The proposed law requires tribunals to resolve disputes within six months, with a possible six-month extension.
  • Furthermore, the Bill gives the Centre the authority to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.”
  • The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel formed by the State governments. Mutawallis who fail to maintain proper accounts will face penalties.
  • The proposed law also allows courts to intervene in waqf disputes by removing the finality of waqf tribunal decisions, enabling aggrieved parties to appeal directly to the relevant High Court. This measure aims to increase judicial oversight and reduce instances of arbitrary power exercised by Waqf Boards or tribunals
5. Way forward
 
Following its introduction in Parliament, the Bill was sent to a joint parliamentary committee for further examination after the Congress-led INDIA bloc opposed the proposed legislation in its current form.
In March of the previous year, the Union government informed the Delhi High Court that nearly 120 petitions challenging various provisions of the 1995 Act are currently pending in courts across the country
 
 
 
 
For Prelims: Waqf board, Amendment process in Parliament
 
For Mains: GS II - Indian Governance
 
 
Source: The Hindu
 
 

WESTERN GHATS - LANDSLIDES

 
 
1. Context
The initial works for the construction of a model township for the survivors of the Mundakkai-Chooralmala landslides have commenced just hours after the government took possession of 64.47 hectares of land on Elstone Estate in Kalpetta, Wayanad, following an order of the Kerala High Court
 
 
2.What are the possible causes for landslides in Western ghat?
 
  • Experts agree that multiple factors contribute to landslides, both natural and human-induced. Nearly half of Kerala’s land—19,301 sq km or 49.7%—is susceptible to landslides, according to the Geological Survey of India (GSI).
  • The region’s heavy rainfall and the steep slopes of the Western Ghats make Wayanad particularly vulnerable, with 31.54% of the district at high risk, as per IIT-Delhi research.
  • Human activities have heightened the risk of natural disasters; increased construction and changes in agricultural practices are key contributors.
  • Wayanad has seen a tourism boom in recent years, with homestays and monsoon tourism gaining popularity. Ecologist Madhav Gadgil highlights the construction of resorts, artificial lakes, and abandoned quarries as inappropriate developments in this sensitive zone.
  • Long-term land use changes, beginning with British-era tea plantations and continuing post-Independence, have also played a role.
  • A 2022 study in the International Journal of Environmental Research and Public Health reported a 62% decrease in forest cover and an 1,800% increase in plantation areas from 1950 to 2018. Monocropping has led to the destabilization of topsoil previously held by forest roots.
  • Climate change has indirectly contributed by altering rainfall patterns in the state. The warming Arabian Sea fosters deep cloud systems, resulting in intense rainfall over short periods.
  • Such events have become more frequent even as the number of rainy days during the monsoon has decreased.
  • Despite Wayanad receiving 527 mm of rainfall in 48 hours before the landslide, the district has had normal monsoon rainfall averages, while Kerala has experienced deficits, according to the India Meteorological Department.
  • The previously cool, humid environment with consistent drizzles and monsoon rains is now characterized by hotter, drier summers and intense monsoon downpours.
  • This shift increases landslide risks, as dry soils absorb less water and heavy rains cause runoff, leading to landslides
 
3.What are the natural and man-made factors that triggered large-scale death and destruction in Kerala?
 
Large-scale death and destruction in Kerala have been triggered by a combination of natural and man-made factors:
Natural Factors
  • Kerala experiences intense monsoon rains, which can lead to flooding and landslides. The Western Ghats, with their steep slopes, are particularly prone to such events
  • The topography of regions like Wayanad, which have a significant slope, makes them highly susceptible to landslides
  • Changes in climate patterns have resulted in more intense and concentrated rainfall events, even though the overall number of rainy days has decreased. The warming Arabian Sea has contributed to the formation of deep cloud systems that lead to heavy downpours
Man-Made Factors
  • There has been a significant reduction in forest cover due to plantation agriculture and other developmental activities. This loss of vegetation weakens the soil structure, making it more prone to landslides
  • Unregulated construction, including resorts, homestays, and other infrastructure, has destabilized the land. Inappropriate development in sensitive zones, such as the construction of artificial lakes and abandonment of quarries, has exacerbated the risk.
  • Changes in crop patterns, including the shift to monocropping, have degraded the land. Monocropping loosens the topsoil, which was previously held together by the roots of diverse forest plants
  • The rise in tourism, particularly monsoon tourism, has led to increased construction and human activity in vulnerable areas, further destabilizing the environment
  • Long-term changes in land use, starting with British-era tea plantations and continuing in the post-independence era, have had a lasting impact on the region's ecological stability
 
4. What are Gadgil Committee reccomendations?
 
The Gadgil Committee, formally known as the Western Ghats Ecology Expert Panel (WGEEP), was established by the Ministry of Environment and Forests of India in 2010 under the chairmanship of ecologist Madhav Gadgil. The committee was tasked with assessing the ecological status of the Western Ghats and providing recommendations for its conservation and sustainable development.
 
Here are some of the key recommendations made by the Gadgil Committee:
 
  • Ecologically Sensitive Zones (ESZ): The committee proposed classifying the entire Western Ghats into three zones based on their ecological sensitivity:
    • ESZ 1: Highest sensitivity areas where stringent regulations should apply.
    • ESZ 2: Moderate sensitivity areas with moderate regulations.
    • ESZ 3: Lowest sensitivity areas where the least restrictive regulations would apply
  • Ban on Certain Activities in ESZ 1: Activities such as mining, quarrying, and large-scale constructions should be banned in ESZ 1. Deforestation and conversion of public lands for private purposes should also be prohibited.
  • Regulation of Developmental Activities: Developmental activities in ESZ 2 and ESZ 3 should be carefully regulated to ensure they do not harm the environment. This includes control over tourism, infrastructure projects, and industrial activities
  • Protection of Forests: Emphasis on the conservation and regeneration of natural forests. Plantation activities should be eco-friendly, promoting native species.
  • Biodiversity Conservation: Measures to protect the rich biodiversity of the Western Ghats, including the establishment of wildlife corridors and conservation areas.
 
5. Significance of Western Ghats
 
The Western Ghats, a UNESCO World Heritage Site, hold immense ecological, climatic, cultural, and economic significance:
 
  • The Western Ghats are one of the world's eight "hottest hotspots" of biological diversity. They host over 7,400 species of flowering plants, 139 mammal species, 508 bird species, 179 amphibian species, 6,000 insect species, and 290 freshwater fish species, many of which are endemic.
  • A significant proportion of the species found in the Western Ghats are endemic, meaning they are not found anywhere else in the world. This includes many unique species of plants, animals, and microorganisms
  • The region provides crucial ecosystem services, such as water purification, climate regulation, soil stabilization, and carbon sequestration
  • The Western Ghats play a critical role in the Indian monsoon system. They intercept the moisture-laden winds from the southwest, causing heavy rainfall on the western side, which supports lush forests and agriculture
  • The forests of the Western Ghats act as a climate buffer, moderating temperatures and maintaining regional climate stability
  • The Western Ghats are the source of numerous rivers, including the Godavari, Krishna, and Cauvery, which provide water to millions of people in peninsular India. These rivers are crucial for drinking water, irrigation, and hydropower
  • The Western Ghats are home to numerous indigenous communities and tribal groups who have lived in harmony with the environment for centuries. These communities have rich cultural traditions and knowledge systems linked to the forests and biodiversity
  • Many areas in the Western Ghats are considered sacred by local communities and host numerous temples, shrines, and pilgrimage sites.
  • The Western Ghats support diverse agricultural systems, including spice plantations (pepper, cardamom), tea, coffee, and rubber. These crops are economically significant both domestically and for export
 
6.Way forward
 
The Geological Survey of India (GSI) has been appointed as the primary agency for conducting landslide studies and developing an early warning system and protocols for reducing landslide risks. However, according to a senior GSI official, this system is still in the experimental phase and will require an additional four to five years before it is ready for public implementation. Since the start of the 2024 monsoon, regional landslide forecast bulletins have been issued to state and district authorities in Wayanad, mostly indicating a "low" probability of landslides, with a "moderate" probability predicted on July 30, 2024
 
 
 
For Prelims: Western Ghats, Eastern Ghats, Landslides, Flash floods
For Mains: GS 1 - Indian Geography
 

Previous year questions

1. Which of the following statements in respect of landslides are correct? (NDA 2022)

1. These occur only on gentle slopes during rain.
2. They generally occur in clay-rich soil.
3. Earthquakes trigger landslides.

Select the correct answer using the code given below.

A. 1 and 2         B. 2 and 3            C. 1 and 3              D. 1, 2 and 3

 Answer: (B)

For Mains:

1. Describe the various causes and the effects of landslides. Mention the important components of the National Landslide Risk Management Strategy. (250 words) (2021)
 
Source: The Hindu
 

MEITEI TRIBE

1. Context 

A Meitei organisation has slammed Kuki civil society groups for warning the Meitei community against embarking on their annual pilgrimage to the Thangjing Hill, which lies in a Kuki-dominated district in conflict-scarred Manipur.

2. About Manipur's ethnic composition

  • Geography has a lot to do with Manipur's problems. Four highways, two of them lifelines for the State, are the valley's access points to the world beyond.
  •  The valley, which comprises about 10 per cent of Manipur's landmass, is dominated by the nontribal Meitei who account for more than 64 per cent of the population of the State and yields 40 of the State's 60 MLAs.
  • The hills comprising 90 per cent of the geographical area are inhabited by more than 35 per cent recognised tribes but send only 20 MLAs to the Assembly.
  • While a majority of the Meities are Hindus followed by Muslims, the 33 recognised tribes, broadly classified into "Any Naga Tribes" and Any Kuki Tribes" are largely Christians.

3. Meitei's arguments

  • Hearing a petition by eight people representing the Meeti (Meitei) Tribe Union, the Manipur High Court directed the State government to submit, within four weeks, a 10-year-old recommendation to the Union Tribal Affairs Ministry for the inclusion of the Meitei community in the ST list.
  • The court referred to the Ministry's letter in May 2013 to the Manipur government seeking specific recommendations along with the latest socioeconomic survey and ethnographic report.
  • The letter followed a representation submitted by the Scheduled Tribe Demand Committee of Manipur (STDCM), which began demanding ST status for the Meiteis in 2012.
  • The petitioners told the High Court that the Meiteis were recognised as a tribe before the merger of the State with the Union of India in 1949.
  • They argued that the ST status is needed to "preserve" the community and "save the ancestral land, tradition, culture and language" of the Meities.
  • The STDCM also said the Meiteis needed constitutional safeguards against outsiders, stating that the community has been kept away from the hills while the tribal people can buy land in the "shrinking" Imphal Valley.

4. Reasons for the tribal groups against ST status for Meiteis

  • The tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
  • They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
  • Groups such as the All  Tribal Students Union of Manipur point out that the language of the Meitei people is included in the Eighth Schedule of the Constitution and many of them have access to benefits associated with the SC, OBC or EWS status.
  • To the hill tribal people of Manipur, the demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

5. Factors that led to the unrest

  • Pro-government groups in Manipur claim some tribal groups with vested interests are trying to scuttle Chief Minister Nongthombam Biren Singh's crusade against drugs.
  • The anti-drug drive began with destroying poppy fields and the theory that "illegal settlers" from Myanmar ethnically related to the KukiZomi people of Manipur are behind clearing forests and government lands to grow opium and cannabis.
  • The first violent protest was against the eviction of the residents of a Kuki village.
  • This made the State government withdraw from the suspension of operations with two Kuki extremist groups accused of inciting the protesters.
  • The large-scale arson and violence claiming the life of at least one person on May 3 and 4, 2023, following a "Tribal solidarity rally" against the reported move to include the Meiteis in the ST list.
For Prelims: Meitie tribe, opium, cannabis, Naga Tribes, Kuki Tribes, Imphal Valley, 
For Mains
1. Who are Meitei's People? Discuss the Reasons why the tribal groups are against ST status for Meiteis. (250 Words)
 
Previous Year Questions
 
1. Non-scheduled population concentrated in central valley of Manipur is called (BPSC CDPO 2018)
1. Meitei
2. Mishmi
3. Kuki
4. Apatanis
5. None of the above/More than one of the above
 
Answer: 1
 
2. Consider the following pairs: (UPSC  2018)
Tradition                                State
1. Chapchar Kut festival       Mizoram
2. Khongjom Parba ballad    Manipur
3. Thang-Ta dance                Sikkim
Which of the pairs given above is/are correct?
A. 1 only   B. 1 and 2    C.  3 only       D. 2 and 3
 
Answer: B
 
3. Which of the following statements related to tribes in India are correct? (UPSC CAPF 2017)
1. Tharu tribes are found in Uttar Pradesh and Uttarakhand
2. Irula, Chenchu and Sumali tribes are found in Kerala
3. Garasia tribes are found in Goa
4. Gaddi tribes are nomadic herders of Jammu & Kashmir and Himachal Pradesh
Select the correct answer using the code given below:
A. 1 and 4 only    B. 2 and 3 only   C. 1, 2 and 4 only   D.  1, 2, 3 and 4
 
Answer: C
 
4. With reference to Manipuri Sankirtana, consider the following statements: (UPSC 2017)
1. It is a song and dance performance.
2. Cymbals are the only musical instruments used in the performance.
3. It is performed to narrate the life and deeds of Lord Krishna.
Which of the statements given above is/are correct?
A. 1, 2 and 3     B. 1 and 3 only   C. 2 and 3 only    D.  1 only
 
Answer: B
 
5. Comprehension
 
Nagaland, one of India's smallest states, is located in the north-east. It is bounded by Myanmar on the east, Arunachal Pradesh on the north, Assam on the west and Manipur on the south. Nagaland is mostly mountainous except the part bordering the Assam valley. Mount Saramati is the highest peak and forms a natural barrier between Nagaland and Myanmar. The Nagas, inhabitants of Nagaland, form more than twenty tribes. Konyak is the largest of the Naga tribes. Traditionally, the Nagas wear colourful tribal outfits with bamboo shields and decorated spears. They are simple at heart, are known for their festive spirit and burst into dance and music on such occasions as festivals, marriages and harvest. Folk songs and ballads popular among the Nagas uphold such values as bravery, love, generosity, etc. Dances are mostly woven around war themes and are performed with amazing mock war emotions. Bamboo dance is a well-known dance of the Nagas. Colourfully dressed young girls performing the bamboo dance at an incredible speed and with great accuracy present a fascinating sight. The Nagas celebrate their festivals with great enthusiasm. Almost every Naga tribe has its own festival. Sankarni is the major festival of the Zemis tribe. This religious festival coincides with Shivratri. Sekrenyi is a festival celebrated by the Angamis tribe to ensure the health and well-being of the community. Moatsu is the most important festival celebrated by the Aos tribe after the sowing is over. Feasting and merry-making invariably accompany festivals. Wood-carving is a famous Naga craft. The Konyaks, the best wood-carvers among all the Naga tribes, are skilled in carving human and animal figures. Weaving is a traditional Naga art in which each tribe has its own special designs and colours. Shawls, shoulder bags, and intricately woven mats and baskets make magnificent souvenirs for the tourists.
 
The largest Naga tribe is  (Odisha Police SI 2022)
A. Konyak.
B. Zemis.
C. Aos
D. Angami
 
Answer: A
 
6. Which of the following tribes belongs to Nagaland?  (NTPC  2021)
A. Bonda
B. Limboo
C. Rengma
D. Pnar
 
Answer: C
 
 Source: The Hindu
 
 

GOVERNOR'S ASSENT TO STATE LAWS 

 
 
 
 
1. Context
 
The Supreme Court, in its 414-page April 8 judgment in the State of Tamil Nadu vs the Governor of Tamil Nadu and other parties released, has set a three-month deadline for the President to decide whether or not to assent to State Bills referred to her by a Governor
 

2. Conflict Over Governors' Assent to Bills

  • In the ongoing conflict between states governed by opposition parties and their Governors appointed by the President on the Centre's advice, a recent development has emerged.
  • Over the past year, several states, including Kerala, Tamil Nadu, Telangana, and Punjab, have taken legal recourse by approaching the Supreme Court regarding Governors withholding assent to Bills for extended periods.
  • This situation underscores a larger issue concerning the balance of powers and the functioning of state legislatures within India's federal structure.

3. Governor's Role in Lawmaking

  • Article 200 of the Constitution delineates the role of the Governor in the legislative process. After a Bill has been passed by the state legislature, it must be presented to the Governor. Subsequently, the Governor holds three options: to give assent to the Bill, withhold assent, or reserve the Bill for consideration by the President.
  • In cases where assent is withheld, Article 200 allows the Governor to return the Bill to the legislature, accompanied by a message requesting reconsideration of the Bill or specific provisions. If the Bill is passed again by the legislature, with or without amendments, and presented to the Governor for assent, the Governor is obligated to grant assent.
  • However, the absence of a stipulated timeline in the article has led to ambiguity and disputes. Governors have frequently withheld assent to Bills for prolonged periods, leaving them and the state legislature in a state of uncertainty. This lack of clarity has prompted states to seek intervention from the Supreme Court to resolve the issue.
 

4. President's Role in the Legislative Process

  • Article 201 of the Constitution outlines the role of the President in the legislative process, particularly when a Bill is sent for consideration after being passed by a state legislature.
  • If a Bill is sent to the President for consideration, the President can choose to either give assent or withhold assent, as specified in Article 201.
  • In cases where assent is withheld, the President requests the Governor to return the Bill to the state legislature for reconsideration.
  • The state government then has a period of six months to reconsider the Bill; failing to do so results in the Bill lapsing.
  • If the Bill is reconsidered and passed once again by the state legislature, it must be sent back to the President for assessment.
  • Unlike the Governor, the President is not obliged to give assent when reviewing the reconsidered Bill.
  • This scenario represents the only instance where state governments do not have the final say in their own lawmaking process, as the decision ultimately rests with the President.

 

5. Issues Raised by the Kerala Government

The Kerala government has raised significant concerns regarding the actions of Governor Khan and President Murmu, terming them as "manifestly arbitrary" actions that violate fundamental rights and constitutional provisions.

  • The petition filed by the Kerala government argues that the actions of Governor Khan and President Murmu are "manifestly arbitrary," indicating unreasonable and irrational decision-making. This characterization points to a violation of the right to equality, as such actions lack justification and fairness.
  • The Kerala government's petition asserts that the decision to keep Bills pending without making a prompt decision violates Article 200 of the Constitution. The provision mandates that the Governor should decide on Bills "as soon as possible" after presentation. By not adhering to this requirement, the Governor's actions are seen as undermining the functioning of the state legislature and rendering it ineffective.
  • The petition further argues that the prolonged withholding of assent by the Governor has subverted the functioning of the state legislature, rendering it ineffective and serving no practical purpose. This challenges the essence of legislative processes and the role of the Governor in the lawmaking procedure.
  • Regarding President Murmu's decision to withhold assent to four Bills without providing reasons, the Kerala government contends that this action violates Article 201 of the Constitution. Article 201 stipulates that the President should return a Bill with recommended amendments if the assent is withheld, emphasizing the need for transparency and reasons for such decisions.

 

6. Governors' Actions and State Governments' Responses

Several states have encountered challenges related to Governors' actions in withholding assent to Bills and other matters, leading to disputes and legal interventions.

  • Tamil Nadu's Experience: In November last year, the Supreme Court expressed concern over Tamil Nadu Governor R N Ravi withholding assent to 10 Bills enacted by the state legislature, some pending since January 2020. This action was criticized for its prolonged nature and lack of reasons provided. Additionally, disputes between Tamil Nadu's DMK government and Governor Ravi have been ongoing, including disagreements over ministerial appointments.
  • Telangana's Grievance: Similarly, the Telangana government approached the Supreme Court in March 2023 due to former Governor Tamilisai Soundarajan's refusal to give assent to 10 Bills passed by the legislative assembly. Although Soundarajan eventually gave her assent, the delay and disputes highlighted tensions between the state government and the Governor's office.
  • Legal Perspectives and Court Interventions: The issue of elected governments being subject to Governors' decisions, particularly in opposition-led states like Telangana. Despite legal arguments and requests for court directions, the Supreme Court refrained from passing detailed orders, emphasizing the constitutional intent behind timely decision-making as per Article 200.
  • Political Dynamics and Future Implications: It's notable that Soundarajan, previously involved in assent disputes, is now a BJP candidate for the Lok Sabha elections. This political context adds complexity to the relationship between state governments and Governors, highlighting the ongoing challenges and potential implications for governance and constitutional principles.

7. Governor's Authority in Withholding Assent to Bills

  • In November 2023, the Supreme Court deliberated on the issue of whether a Governor could withhold assent to Bills passed by the state legislature if they believed the session where the Bills were passed was convened illegally.
  • This matter arose from Punjab, where Governor Banwarilal Purohit refused to give assent to four Bills passed by the Punjab Assembly, citing legal advice indicating a breach of law and procedure in their passage. Despite this, the Bills were not returned to the Assembly for reconsideration.
  • The Supreme Court ruled that Governors do not possess the authority to obstruct the regular process of lawmaking by state legislatures.
  • It clarified that the phrase "as soon as possible" in Article 200 implies that Governors cannot indefinitely delay action on Bills without any justification.
  • The court emphasized that if a Governor chooses to withhold assent, they must adhere to the procedure outlined in the first proviso of Article 200, which involves returning the Bill to the state legislature for reconsideration.
  • While the court outlined the responsibilities of Governors in the lawmaking process, it refrained from specifying a definitive timeline for Governors to make decisions on Bills.
  • This omission has prompted the Kerala government to approach the Supreme Court seeking clarification on the issue.
 

8. The Way Forward

Addressing the challenges related to the Governor's assent requires a multi-dimensional approach that balances constitutional mandates, legal clarity, political responsibility, and public participation. Collaborative efforts among stakeholders and judicious use of constitutional mechanisms are key to ensuring robust and accountable governance in the legislative domain.

 

For Prelims: Governor, Center-state relations, Article 200

For Mains: 
1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words)
2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words)
3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections.  (250 Words)
 
 
Previous Year Questions
 
1.  With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019)
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

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

 

2. Consider the following statements: ( UPSC 2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

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

 
3.Which of the following are the discretionary powers given to the Governor of a State? (2014)
1. Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
2. Reserving certain bills passed by the State Legislature for consideration of the President of India
3. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

 A. 1 and 2 only          B. 1 and 3 only                   C.  2, 3 and 4 only        D. 1, 2, 3 and 4
 
 
4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
 
Answers: 1-C, 2-C, 3-B, 4-C
Source: The Indian Express
 

NATIONAL INVESTIGATION AGENCY (NIA)

1. Context

Sixteen years after David Coleman Headley (Daood Gilani) and Tahawwur Hussain Rana were arrested by the U.S. Federal Bureau of Investigation, and the National Investigation Agency (NIA) filed an FIR and a charge-sheet against them, Rana has been extradited to India

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
 

GENOME MAPPING

 

1. Context

The preliminary findings of the GenomeIndia project, which attempted to study whole genomes of 10,000 healthy and unrelated Indians from 83 population groups, were published in the journal Nature Genetics on April 8. After excluding two populations, the published findings are based on the genetic information of 9,772 individuals — 4,696 male participants and 5,076 female participants.

2. Human Genome Project (HGP)

  • One of the most comprehensive genome mapping projects in the world is the Human Genome Project (HGP), which began in 1990 and reached completion in 2003.
  • The international project, which was coordinated by the National Institutes of Health and the US Department of Energy, was undertaken with the aim of sequencing the human genome and identifying the genes that contain it.
  • The project was able to identify the locations of many human genes and provide information about their structure and organization.

3. Genome Mapping

  • Gene mapping refers to the technique used to identify a gene's location and distance between genes.
  • The distances between various sites inside a gene can also be described through gene mapping.
  • Placing several molecular markers at specific locations on the genome is the fundamental element of all genome mapping.
  • There are many types of molecular markers. When creating genome maps, genes can be observed as a particular class of genetic markers mapped similarly to other markers.

4. Types of Gene Mapping

  • Genetic linkage maps and physical maps are the two main categories of "Maps" used in gene mapping.
  • Both maps consist of genetic markers and gene loci. While physical maps involve actual physical distances, often measured in a number of base pairs, distances of genetic maps are based on genetic linkage information.
  • There are many gene mapping methods, including comparative, physical, and genetic-linkage mapping. However, physical, and genetic-linkage mapping are more common.

5. What does genome mapping tell us?

  • According to the Human Genome Project, there are estimated to be over 20,500 human genes.
  • Genome refers to an organism's complete set of DNA, which includes all its genes, and mapping these genes simply means finding out the location of these genes in a chromosome.
  • In humans, each cell consists of 23 pairs of chromosomes for a total of 46 chromosomes, which means that for 23 pairs of chromosomes in each cell, there are roughly 20,500 genes located on them.
  • Some of the genes are lined up in a row on each chromosome, while others are lined up quite close to one another and this arrangement might affect the way they are inherited.
  • For Example, if the genes are placed sufficiently close together, there is a probability that they get inherited as a pair.
  • Genome mapping, therefore, essentially means figuring out the location of a specific gene on a particular region of the chromosome and also determining the location of relative distances between other genes on that chromosome.
  • Significantly, genome mapping enables scientists to gather evidence if a disease transmitted from the parent to the child is linked to one or more genes.
  • Furthermore, mapping also helps in determining the particular chromosome which contains that gene and the location of that gene in the chromosome.
  • According to the National Human Genome Research Institute (NHGRI), genome maps have been used to find out genes that are responsible for relatively rare, single-gene inherited disorders such as cystic fibrosis and Duchenne muscular dystrophy.
  • Genetic maps may also point out scientists to the genes that play a role in more common disorders and diseases such as asthma, cancer, and heart disease among others.

6. Why it is more important?

  • A complete human genome makes it easier to study genetic variation between individuals or between populations.
  • A genome refers to all of the genetic material in an organism, and the human genome is mostly the same in all people, but a very small part of the DNA does vary between one individual and another.
  • By constructing a complete human genome, scientists can use it for reference while studying the genome of various individuals, which would help them understand which variations, if any, might be responsible for the disease.

7. What was missing?

  • The genetic sequence made available in 2003 from the Human Genome Project, an international collaboration between 1990 and 2003, contained information from a region of the human genome known as the euchromatin.
  • Here, the chromosome is rich in genes, and the DNA encodes for protein. The 8% that was left out was in the area called heterochromatin. This is a smaller portion of the genome and does not produce protein. 
  • There were at least two key reasons why heterochromatin was given lower priority. This part of the genome was thought to be “junk DNA” because it had no clear function.
  • Besides, the euchromatin contained more genes that were simpler to sequence with the tools available at the time.
  • Now, the fully sequenced genome is the result of the efforts of a global collaboration called the Telomere-2- Telomere (T2T) project.
  • The invention of new methods of DNA sequencing and computational analysis helped complete the reading of the remaining 8% of the genome. 

8. What is in the 8%?

  • The new reference genome, called T2TCHM13, includes highly repetitive DNA sequences found in and around the telomeres (structures at the ends of chromosomes) and the centromeres (at the middle section of each chromosome).
  • The new sequence also reveals long stretches of DNA that are duplicated in the genome and are known to play important roles in evolution and disease.
  • The fact that the sequences are repetitive is enlightening. The findings have revealed a large number of genetic variations, and these variations appear in large part within these repeated sequences.
  • A significant amount of human genetic material turns out to be long, repetitive sections that occur over and over.
  • Although every human has some repeats, not everyone has the same number of them. And the difference in the number of repeats is where most of the human genetic variation is found,” the University of Connecticut said in a press release.
  • Many of the newly revealed regions have important functions in the genome even if they do not include active genes. 
For Prelims: Genome mapping, Genome Sequencing, Human Genome Project (HGP), Indian Institute of Science (IISc), DNA, National Human Genome Research Institute (NHGRI), Telomere-2- Telomere (T2T) project, T2TCHM13.
For Mains: 1. What is India’s genome mapping project? Discuss its importance and potential benefits. (250 Words)

Previous year Question

1. With reference to agriculture in India, how can the technique of 'genome sequencing', often seen in the news, be used in the immediate future? (UPSC 2017)
1. Genome sequencing can be used to identify genetic markers for disease resistance and drought tolerance in various crop plants.
2. This technique helps in reducing the time required to develop new varieties of crop plants.
3. It can be used to decipher the host-pathogen relationships in crops.
Select the correct answer using the code given below:
A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: D
 
 
Source: The Indian Express
 

SMALL INDUSTRIES

 
 
1. Context
 
Of the total merchandise exports from India in 2023-2024, close to 18% of the shipments were to the U.S. and a substantial portion of these are made in MSME clusters such as Coimbatore and Tiruppur.
 
2. Micro Small Medium Enterprises (MSME)
 
Small-scale industries account for nearly 95% of all industrial units and are a crucial component of the nation's economic framework. Mahatma Gandhi emphasized the importance of cottage and small-scale industries for India's progress. As reported by the Ministry of Statistics and Programme Implementation (MoSPI), this sector provides employment to approximately 17.5 million people. Consequently, it plays a vital role in job creation. The sector encompasses a wide array of industries, including modern small-scale enterprises, unorganized traditional industries, and organized large and medium-sized businesses
 
Classification of Industries
Classification/ Industry type Micro Small Medium
Investment Not more than Rs.1 crore Not more than Rs.10 crore Not more than Rs.50 crore
Annual Turnover Not more than Rs. 5 crore Not more than Rs. 50 crore Not more than Rs. 250 crore
 
 
3. Role of Small Industries in Indian Economy
 
  • Expansion of Entrepreneurial Activities: The innovative approaches adopted by small industries have contributed to the growth of entrepreneurial ventures. This expansion has brought more economic sectors into the fold, offering a broader range of goods and services that cater to both domestic and international markets.
  • Industrialization of Rural and Underdeveloped Areas: Small industries have helped reduce regional disparities, promoting a more equitable distribution of wealth and income throughout the nation.
  • Employment Creation: Small industries are crucial to India's economic development, as they generate significant employment opportunities at a much lower capital investment compared to large-scale industries

 

Village Small Industries (VSI)
 
The term "Village and Small Industry (VSI)" is commonly used to refer to unorganized traditional sectors and small-scale industries. The VSI sector is composed of seven sub-sectors: handicrafts, handlooms, Khadi and Village Industries, coir, sericulture, power looms, and small-scale industries
 
 
 
4. Government Initiatives
 
  • Prime Minister’s Employment Generation Programme (PMEGP): The aim of this program is to create employment opportunities by establishing new micro-enterprises, projects, and self-employment initiatives across rural and urban areas of the country. The Khadi and Village Industries Commission (KVIC) serves as the national nodal agency responsible for implementing the scheme, while its execution at the state level is managed by State KVIC offices, State Khadi and Village Industries Boards (KVIB), District Industries Centres (DIC), Coir Board (for coir-related activities), and Banks.
  • Collateral-Free Credit Provision for MSMEs: Banks and other financial institutions, including NBFCs, are mandated to provide collateral-free credit to Micro and Small Enterprises. The scheme ensures that up to ₹5 crore (effective from April 1, 2023) per borrowing unit is covered for collateral-free credit facilities (term loans and/or working capital) extended to micro and small enterprises by eligible lending institutions.
  • A Scheme for Promotion of Innovation, Rural Industry & Entrepreneurship (ASPIRE): The ASPIRE program has been approved for continuation from 2021-2022 to 2025-2026 with a budget allocation of ₹194.87 crore. Updated guidelines issued on January 28, 2022, focus on the following objectives:
  1. Reducing unemployment and generating jobs,
  2. Promoting an entrepreneurial culture in India,
  3. Encouraging innovation to enhance the competitiveness of the MSME sector.
  • Entrepreneurship and Skill Development Programmes (ESDP): This program is designed to inspire youth from diverse social backgrounds, including women, SC/ST communities, disabled individuals, ex-servicemen, and those below the poverty line, to consider careers in self-employment or entrepreneurship.
  • Scheme of Fund for Regeneration of Traditional Industries (SFURTI): The scheme aims to create competitive, sustainable employment opportunities for traditional industries and artisans by organizing them into clusters. It also seeks to enhance the marketability of products produced by these clusters, upgrade the skills of traditional artisans, provide better tools and equipment, strengthen cluster governance with active stakeholder participation, and foster innovative products, advanced technologies, processes, market intelligence, and new models of public-private partnerships.
  • MSME Champions Scheme: This program, set to run from 2021-2022 to 2025-2026, is divided into three components:
  1. MSME-Sustainable (ZED) Certification Scheme
  2. MSME-Competitive (Lean) Scheme
  3. MSME-Innovative (for Incubation, IPR, and Design) Scheme
  • Greening MSME: SIDBI has introduced the "Greening MSME" initiative, which offers financial assistance up to a maximum of ₹20 crore to MSMEs for adopting energy-efficient and environmentally sustainable technologies
 
5. Challenges
 
  • Access to Finance: Access to funding is a major challenge for Indian MSMEs, with the total financing gap expected to reach $400 billion. While closing this gap will take time, targeted green finance initiatives in areas like waste management, electric vehicles, energy efficiency, and renewables can support MSME growth in these sectors.
  • Interest Rates: The Central Government should lower interest rates and make consumer finance, housing loans, and vehicle loans more accessible to stimulate market demand.
  • Climate Commitments and Transitioning to Low-Carbon: Small enterprises are limited to adhering to environmental regulations, while global supply chains increasingly shift to greener processes and products. There is currently no strategic plan to help MSMEs manage the risks associated with this transition.
  • Unorganized Nature: Due to its fragmented structure and the predominance of micro-sized businesses, the MSME sector is one of the most vulnerable in the Indian economy. The COVID-19 pandemic has highlighted this vulnerability, with millions of MSMEs facing closure due to decreased demand caused by lockdowns.
  • Green Transition of MSMEs: MSMEs are more exposed to policy and demand uncertainties, often with greater downside risks. Even if they recognize the benefits of going green, most lack the financial and technical capacity to invest in new initiatives. However, certain government programs can help address these barriers.
  • Incentives and Penalties: Encouraging Small and Medium Enterprises (SMEs) to exceed mere compliance can be achieved by taxing negative externalities and offering subsidies or tax breaks for green investments. Updating environmental legislation should also consider the risks posed by different industries, and these policies should be assessed for their impact on MSMEs before widespread implementation
 
6. Way forward
 

MSMEs should embrace best practices like implementing low-energy strategies, adopting renewable energy sources, improving waste management, ensuring women's safety, and making timely wage payments.

Governments, business associations, civil society organizations, and other stakeholders can play a proactive role in promoting awareness, sharing best practices, and providing training and resources. Financial incentives, such as tax breaks, subsidies, grants, and low-interest loans, can be offered by governments and investors to encourage MSMEs to adopt sustainable practices or invest in sustainable technologies.

Larger companies can support MSMEs in adopting sustainable practices by offering training, technical support, and financial assistance

 

 

For Prelims: Current events of national and international importance

For Mains: GS III - Indian Economy
 

Previous year Questions

1. Consider the following statements with reference to India: (UPSC 2023)
1. According to the 'Micro, Small and Medium Enterprises Development (MSMED) Act, 2006', the 'medium enterprises' are those with investments in plant and machinery between Rs. 15 crore and Rs. 25 crore.
2. All bank loans to the Micro, Small, and Medium Enterprises qualify under the priority sector.
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. Which of the following can aid in furthering the Government's objective of inclusive growth? (UPSC 2011)
1. Promoting Self-Help Groups
2. Promoting Micro, Small and Medium Enterprises
3. Implementing the Right to Education Act
Select the correct answer using the codes given below:
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: D
 
Source: Indianexpress
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