PREVENTION OF MONEY LAUNDERING ACT (PMLA)
1. Context
2. Why is the PMLA verdict under review?
Specific Concerns
- The PMLA's retrospective application, allowing for the prosecution of offences committed before the law's enactment, has been challenged as violative of the fundamental right against ex post facto laws.
- The PMLA places the burden of proof on the accused to establish innocence, a departure from the general principle of criminal law that presumes innocence until proven guilty.
- Critics argue that the PMLA's provisions are overly broad and draconian, giving the ED excessive powers to arrest, detain, and seize assets without adequate judicial oversight.
- The PMLA's lack of adequate safeguards against arbitrary actions and misuse of power has raised concerns about the potential for abuse of authority by the ED.
- The PMLA's provisions have been criticized for potentially infringing upon fundamental rights such as the right to personal liberty, the right to property, and the right against self-incrimination.
3. Money laundering
- Money laundering is the illegal process of making large amounts of money.
- This money is generated by criminal activity but may appear to come from a legitimate source.
- Criminal activities include drug trafficking, terrorist funding, illegal arms sales, smuggling, prostitution rings, insider trading, bribery and computer fraud schemes that produce large profits.
3.1. Different stages in money laundering
- Placement: The crime money is injected into the formal financial system.
- Layering: Money injected into the system is layered and spread over various transactions and book-keeping tricks to hide the source of origin.
- Integration: Laundered money is withdrawn from the legitimate account to be used for criminal purposes. Now, Money enters the financial system in such a way that the original association with the crime is disassociated. The money now can be used by the offender as legitimate money.
3.2. Impact of Money Laundering on Economic Development
Money laundering can have a significant impact on economic development by:
- When money laundering occurs, it can undermine public confidence in banks and other financial institutions. This can lead to increased risk aversion and a decline in investment, which can hamper economic growth.
- Money laundering can distort economic activity by directing funds away from legitimate businesses and into criminal enterprises. This can lead to inefficient allocation of resources and slower economic growth.
- Money laundering can facilitate corruption by providing a means to conceal the proceeds of corrupt activities. This can weaken governance and undermine the rule of law, further hindering economic development.
- Money laundering can also lead to a loss of tax revenue, as criminals seek to evade taxes on their illicit gains. This can deprive governments of much-needed funds for essential services, such as education and healthcare.
- Money laundering is often used to finance organized crime groups, which can lead to an increase in violence and instability.
- Money laundering can also be used to finance terrorist activities, posing a serious threat to international security.
- Money laundering can also have a direct impact on individuals and businesses, who may lose money or be victims of fraud as a result of this crime.
4. Prevention of Money-Laundering Act, 2002 (PMLA)
The Prevention of Money-Laundering Act, 2002 (PMLA) is a comprehensive legislation enacted by the Indian Parliament to combat money laundering and other financial crimes. It aims to prevent the use of proceeds of crime, particularly those derived from drug trafficking, organized crime and corruption, from being laundered and utilized to finance further criminal activities or to gain legitimacy.
4.1. Key Features of the PMLA
- The PMLA prohibits the process of money laundering, defined as the act of concealing or disguising the proceeds of crime.
- The PMLA empowers the Enforcement Directorate (ED), the designated agency for investigating money laundering cases, to attach and seize property derived from or involved in money laundering.
- The PMLA provides for the confiscation of property that is involved in money laundering, even if it is not in the possession of the accused person.
- The PMLA grants the ED extensive powers to conduct searches, make arrests, and detain individuals suspected of money laundering.
- The PMLA facilitates international cooperation in combating money laundering through mutual legal assistance treaties and other mechanisms.
4.2. Significance of the PMLA
The PMLA has played a crucial role in strengthening India's anti-money laundering framework and enhancing its global standing in combating financial crimes. It has enabled the investigation and prosecution of numerous money laundering cases, leading to the recovery of substantial illicit funds.
4.3. Challenges in Implementing the PMLA
Despite its significance, the implementation of the PMLA has faced certain challenges, including:
- The PMLA and other laws, such as the Narcotics Drugs and Psychotropic Substances Act, have overlapping jurisdictions, which can lead to confusion and delays in investigations.
- There have been concerns about the lack of adequate safeguards against arbitrary actions and misuse of power under the PMLA.
- The ED faces resource constraints in terms of manpower and infrastructure, which can hamper its ability to effectively investigate and prosecute money laundering cases.
- The Directorate of Enforcement (ED) is an agency in India that primarily deals with the enforcement of economic laws and regulations to combat money laundering, foreign exchange violations, and financial fraud.
- The ED is part of the Department of Revenue under the Ministry of Finance, Government of India.
- The Directorate of Enforcement was established on 1st May 1956, as the "Enforcement Unit" within the Department of Economic Affairs.
- Its primary focus was on preventing and detecting violations of the Foreign Exchange Regulation Act (FERA) of 1947.
- Over the years, the agency's role expanded, and in 1999, the Enforcement Directorate was established as a separate entity under the Ministry of Finance.
- The enactment of the Prevention of Money Laundering Act (PMLA) in 2002 further broadened its jurisdiction, giving it the power to investigate cases related to money laundering.
- Since its establishment, the ED has played a crucial role in combating economic offences and ensuring compliance with economic laws in India.
- It has been involved in several high-profile cases, including those related to financial scams, money laundering by influential individuals, and cross-border financial crimes.
- The ED collaborates with various domestic and international agencies, including financial intelligence units, law enforcement agencies, and Interpol, to gather information, share intelligence, and effectively coordinate efforts to combat economic offences.
5.1. Functions and Roles of ED
- Enforcing Economic Laws: The primary function of the ED is to enforce two key economic laws in India: the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA). It ensures compliance with these laws and investigates money laundering, foreign exchange violations, and economic fraud cases.
- Money Laundering Investigations: The ED investigates cases involving money laundering, which is the process of concealing the origins of illegally obtained money to make it appear legitimate. It identifies and seizes properties and assets derived from illicit activities and prevents their further use.
- Foreign Exchange Violations: The ED is responsible for investigating cases related to violations of foreign exchange laws and regulations. It monitors and controls foreign exchange transactions to maintain the stability of the Indian rupee and prevent illegal activities such as smuggling and illegal money transfers.
- Financial Frauds: The ED also investigates and takes action against financial frauds, including bank frauds, Ponzi schemes, and other fraudulent activities affecting the Indian financial system. It works closely with other law enforcement agencies, such as the Central Bureau of Investigation (CBI), to tackle complex financial crimes.
For Prelims: Prevention of Money Laundering Act, ED, CBI, Foreign Exchange Management Act,
For Mains:
1. Critically evaluate the Prevention of Money Laundering Act, 2002 (PMLA) in its effectiveness in combating money laundering in India. (250 Words)
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Previous Year Questions
1. Which one of the following is not correct in respect of Directorate of Enforcement? (CDS 2021)
A. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance.
B. It enforces the Foreign Exchange Management Act, 1999.
C. It enforces the Prevention of Money Laundering Act, 2002.
D. It enforces the Prohibition of Benami Property Transaction Act, 1988.
2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)
A. July 2002 B. August 2003 C. July 2004 D. July 2005
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC 2013)
A. 1991 B. 1997 C. 2000 D. 2007
4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020)
A. Foreign Exchange Currency Act
B. Foreign Exchange Finances Act
C. Foreign Exchange Funds Act
D. Foreign Exchange Management Act
5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)
A. Union B. State C. Global D. Concurrent
Answers: 1-D, 2-D, 3-C, 4-D, 5-A
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GAGANYAAN
1. Context
The first uncrewed mission of the Gaganyaan programme would be launched in the last quarter of this year, chairman of the India Space Research Organisation (Isro) V Narayanan said Tuesday.
2. Gaganyaan Mission
- Gaganyaan, meaning "Sky Craft" in Sanskrit, is India's ambitious human spaceflight program aimed at sending Indian astronauts to space.
- It is a testament to India's growing prowess in the field of space exploration and a source of immense national pride.
- The program, spearheaded by the Indian Space Research Organisation (ISRO), envisions launching a crewed orbital spacecraft into low Earth orbit (LEO) for a period of up to seven days.
- The spacecraft will carry three astronauts, marking a historic first for India.
3. About The TV-D1 Mission
- The TV-D1 mission consists of two abort missions designed to test the safety mechanisms that will allow the Gaganyaan crew to escape the spacecraft during emergencies.
- In this mission, a rocket will ascend to an altitude of nearly 17 km before an abort signal triggers the separation of the crew module.
- The crew module will then descend using a parachute for a splashdown in the Bay of Bengal.
- The TV-D1 mission will have a total duration of 532 seconds, from liftoff at 8 a.m. to the crew module's splashdown about 10 km from the Sriharikota coast.
- The rocket used for this mission is ISRO's low-cost Test Vehicle, designed specifically for system testing.
- During the flight, the rocket will reach a peak relative velocity of 363 meters per second, approximately 1307 km per hour. It's important to note that the crew module will be empty for this test.
4. Key Objectives of the TV-D1 Mission
The TV-D1 mission serves two primary objectives.
- It aims to demonstrate the capabilities of the new Test Vehicle, hence its name Test Vehicle-Demonstration 1 (TV-D1).
- It will showcase a basic version of the crew module, testing the systems responsible for separating the crew module from the rocket during an abort mission and ensuring the safe escape of astronauts.
The TV-D1 mission simulates an abort condition during the ascent trajectory, corresponding to a Mach number of 1.2, as anticipated in the Gaganyaan mission.
5. The Low-Cost Test Vehicle
- Unlike the upcoming full-fledged test flight of the crew module into space and back, which will use the human-rated LVM3 rocket in 2024, the TV-D1 mission employs a low-cost basic rocket.
- This Test Vehicle utilizes existing liquid propulsion technology but introduces innovations such as the throttleable and restartable L110 Vikas engine, capable of controlling propellant use.
- ISRO developed this cost-effective solution as each GSLV Mk III launch, which was previously used for such missions, costs between Rs 300-400 crore.
6. Safety and Crew Escape System
- Safety remains a top priority for ISRO in the Gaganyaan project, especially in light of international incidents involving space missions.
- The TV-D1 mission aims to test the systems ensuring the crew module's safety, such as environmental control, life support systems, and an integrated vehicle health management system.
- This system can detect anomalies that may jeopardize astronauts' safety and initiate mission abort procedures.
7. Preparations and Timeline for Gaganyaan
- ISRO has set a target timeframe for the Gaganyaan mission in 2024, with flexibility based on the development stages and ensuring the mission's safety.
- The schedule includes an unmanned mission at the beginning of the next year, abort missions this year, and discussions of the manned mission for late 2024 or early 2025.
- ISRO has completed the human rating of the LVM 3 rocket and performed static tests for human-rated solid rocket boosters.
8. Conclusion
The TV-D1 mission represents a significant milestone in the Gaganyaan program, as it integrates a near-complete system for a flight test. The success of this mission paved the way for further qualification tests and unmanned missions, ultimately leading to the first Gaganyaan mission with Indian astronauts. ISRO's dedication to safety and rigorous testing is paramount as India advances its space exploration endeavours.
For Prelims: Gaganyaan programme, TV-D1 mission, Low Earth Orbit, Isro, LVM3, GSLV Mk III,
For Mains:
1. Discuss the key objectives of the TV-D1 mission within the Gaganyaan program. How does this mission contribute to astronaut safety and the overall success of Gaganyaan? (250 Words)
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Previous Year Questions
1. With reference to India's satellite launch vehicles, consider the following statements: (UPSC 2018)
1. PSLVs launch satellites useful for Earth resources monitoring whereas GSLVs are designed mainly to launch communication satellites.
2. Satellites launched by PSLV appear to remain permanently fixed in the same position in the sky, as viewed from a particular location on Earth.
3. GSLV Mk III is a four-stage launch vehicle with the first and third stages using solid rocket motors; and the second and fourth stages using liquid rocket engines.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3
C. 1 and 2
D. 3 only
Answer: A
2. India's first human space mission "Gaganyaan" will be launched in which year? (ESIC UDC 2022)
A. 2022 B. 2023 C. 2024 D. 2025 E. 2026
Answer: B
3. Find the incorrect statements, about the Gaganyaan Mission of India. (MPSC 2020)
1. Four pilots from Indian Air Force were shortlisted to be astronauts of Gaganyaan.
2. They will be trained at Yuri Gagarin Cosmonaut Centre in Russia.
3. This mission was announced by Prime Minister in 2014.
4. It is scheduled for 2022 with a team of 5 crew members and a month-long stay in space.
A. 1, 2, 3, 4 B. 2, 3, 4 C. 3, 4 D. 2, 3
Answer: C
4. ISRO is related to: (SSC JE EE 2020)
A. space research B. agricultural research C. seed research D. marine research Answer: A
5. Which of the following pairs is/are correctly matched? (UPSC 2014) Spacecraft Purpose
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: B 6. Consider the following statements: (UPSC 2016) The Mangalyaan launched by ISRO 1. is also called the Mars Orbiter Mission
2. made India the second country to have a spacecraft orbit the Mars after USA
3. made India the only country to be successful in making its spacecraft orbit the Mars in its very first attempt
Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: C |
Source: The Indian Express
SOUTHWEST MONSOON
- The southwest monsoon is a seasonal weather pattern that brings significant rainfall to large parts of South Asia, particularly India, between June and September
- The southwest monsoon typically begins in early June and lasts until late September. It starts with the arrival of the monsoon winds in the southern part of India, usually marked by the onset over the state of Kerala
- The southwest monsoon brings about 70-90% of India’s annual rainfall. The distribution of rainfall varies, with some regions receiving heavy rains, while others may experience scanty showers.
- The Western Ghats, the northeastern states, and the Himalayan foothills typically receive very heavy rainfall.
- The monsoon is critical for the Kharif crop season in India, which includes crops like rice, maize, pulses, and cotton. Adequate and timely monsoon rains are essential for a good harvest
- The monsoon starts retreating from northwestern India in early September and completely withdraws from the Indian subcontinent by mid-October. This phase is also known as the retreating or northeast monsoon
Mechanism:
- High-Pressure Area: During the summer, intense heating of the landmass in the Indian subcontinent creates a low-pressure area over northern India and the Tibetan Plateau.
- Low-Pressure Area: The Indian Ocean remains relatively cooler, creating a high-pressure area.
- Wind Movement: Air moves from the high-pressure area over the ocean to the low-pressure area over the land, carrying moisture from the ocean and resulting in rainfall.
- Easterly and westerly winds refer to the direction from which the winds originate
- Easterly winds are winds that blow from the east towards the west
- Easterly winds can affect weather patterns, including the development of tropical storms and cyclones. For instance, easterly waves in the tropics can lead to the formation of tropical cyclones in the Atlantic and Pacific Oceans
Characteristics:
- Trade Winds: One of the most well-known examples of easterly winds are the trade winds. These winds blow from the east towards the west in the tropics, from the subtropical high-pressure areas toward the equatorial low-pressure areas.
- Tropical Regions: In the tropical regions, particularly between 30 degrees north and south of the equator, easterly winds are prevalent. These are crucial for the weather patterns and climatic conditions in these regions.
- Monsoon Winds: During certain seasons, such as the northeast monsoon in India, easterly winds play a significant role. These winds bring dry air from the land towards the ocean during the winter months.
- Westerly winds are winds that blow from the west towards the east
- Westerly winds play a significant role in the weather of temperate regions, influencing the climate and the movement of storm systems.
- They are also responsible for carrying warm and moist air from the oceans inland, affecting precipitation patterns in coastal and inland regions.
- The westerlies can affect transoceanic travel and weather prediction due to their influence on the movement of high and low-pressure systems
Characteristics:
- Prevailing Westerlies: These winds are predominant in the mid-latitudes (between 30 and 60 degrees north and south of the equator). They blow from the subtropical high-pressure belts towards the poles.
- Jet Streams: High-altitude westerly winds known as jet streams are important in influencing weather patterns and the movement of weather systems across the globe. They are fast flowing and occur in the upper levels of the atmosphere.
- Polar Front: In the mid-latitudes, the westerlies interact with polar easterlies near the polar front, leading to the development of extratropical cyclones and storms
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Monsoons in India occur due to seasonal changes in wind patterns and temperature differences between land and sea.
Here's a concise explanation of the process:
- Differential heating: During summer, the Indian landmass heats up more quickly than the surrounding Indian Ocean.
- Low pressure system: The heated land creates a low-pressure area over the Indian subcontinent.
- Wind direction shift: This low pressure draws in moisture-laden winds from the cooler Indian Ocean towards the land.
- Orographic lift: As these winds encounter geographical features like the Western Ghats or the Himalayas, they are forced to rise.
- Condensation and precipitation: The rising air cools, causing water vapor to condense and form clouds, leading to heavy rainfall.
- Duration: This pattern typically lasts from June to September, bringing the majority of India's annual rainfall.
- The primary driver is the temperature difference between the land and the surrounding sea. During summer, the land heats up faster than the ocean, creating a low-pressure area over the land and a high-pressure area over the ocean. This pressure difference leads to the movement of moist air from the ocean to the land
- Warm sea surface temperatures are crucial as they increase the evaporation rate, contributing to the formation of moist air masses that drive the monsoon rains.
- The monsoon winds, which are part of the larger atmospheric circulation, shift according to the seasonal temperature differences. The southwest monsoon, for instance, is driven by the southwest winds that carry moisture from the Indian Ocean to the Indian subcontinent.
- The geographical features, such as mountain ranges, play a significant role. For example, the Western Ghats in India force moist air to rise, cool, and condense, leading to heavy rainfall on the windward side
- The movement and strength of the high-pressure systems over the oceans and low-pressure systems over the land influence the intensity and timing of the monsoon.
- Phenomena such as El Niño and La Niña can affect the strength and timing of the monsoon. For example, El Niño can lead to weaker monsoons due to altered wind patterns and sea surface temperatures
- El Niño is generally associated with a weaker Indian monsoon. The warming of the central and eastern Pacific Ocean during El Niño tends to disrupt the normal atmospheric circulation patterns, leading to reduced rainfall over the Indian subcontinent.
- The onset of the monsoon can be delayed, and the overall intensity of the rainfall during the monsoon season might be lower than usual
- El Niño often brings drier conditions to Southeast Asia and northern Australia, leading to droughts and reduced rainfall
- Eastern and southern Africa may experience drier conditions as well
- La Niña, characterized by cooler-than-average sea surface temperatures in the central and eastern Pacific Ocean, is typically associated with a stronger Indian monsoon. It often leads to increased rainfall over the Indian subcontinent
- The enhanced monsoon can lead to heavier rains and potentially more frequent and intense flooding
- La Niña tends to bring wetter conditions to Southeast Asia and northern Australia, potentially causing heavy rains and flooding
- La Niña can lead to wetter conditions in parts of northern South America
For Prelims: Indian and World Geography
For Mains: GS-I, GS-III: Important Geophysical phenomena and environment
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Previous Year Questions
1.Consider the following statements: (UPSC CSE 2012)
1. The duration of the monsoon decreases from southern India to northern India.
2. The amount of annual rainfall in the northern plains of India decreases from east to west.
Which of the statements given above is/are correct?
A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor
Answer (C)
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SUTLEJ-YAMUNA RIVER LINKING
2. About Yamuna River
- The Yamuna River is one of the major rivers in India, flowing through the northern part of the country. It is the largest tributary of the Ganges River and plays a significant role in the socio-cultural and economic aspects of India.
- The Yamuna originates from the Yamunotri Glacier in the Uttarakhand state of the Indian Himalayas. It begins its journey at an altitude of approximately 6,387 meters (20,955 feet) near the Bandarpoonch mountain.
- The river flows through several Indian states, including Uttarakhand, Himachal Pradesh, Haryana, Delhi, and Uttar Pradesh, before merging with the Ganges at the holy city of Allahabad (Prayagraj) in Uttar Pradesh. The total length of the Yamuna River is approximately 1,376 kilometres (855 miles).
- The Sutlej River is a powerful and historic river with significance in both its physical and cultural aspects. The Sutlej originates in Lake Rakshastal in Tibet, flows northwestward through the Himalayas, and enters India through the Shipki La pass in Himachal Pradesh. It then winds through Punjab before merging with the Chenab River in Pakistan.
- With a total length of approximately 1,450 kilometres (900 miles), the Sutlej is the longest of the five rivers that give the Punjab region its name. Its drainage basin covers an area of approximately 395,000 square kilometres (153,000 sq mi).
- The Sutlej has several tributaries, including the Baspa, Spiti, Nogli Khad, and Soan River. These tributaries contribute to its water flow and overall basin management.
The Sutlej Yamuna Link (SYL) Canal dispute is a long-standing and contentious issue between the Indian states of Punjab and Haryana. The dispute revolves around the sharing of water from the Ravi and Beas rivers, tributaries of the Indus River.
Background
- In 1966, Punjab was reorganised, carving out Haryana as a separate state.
- The Indus Waters Treaty of 1960 allocated the waters of the Indus River system, including the Ravi and Beas, to India.
- To utilize its share of Ravi and Beas waters, Haryana demanded a canal linking the Sutlej River (a tributary of the Indus) to the Yamuna River (a tributary of the Ganges).
- In 1981, the Rajiv Gandhi government agreed with Punjab and Haryana, allocating Ravi and Beas waters and requiring Punjab to construct the SYL Canal to carry Haryana's share of water to the Yamuna.
5. The Dispute
- Punjab opposed the agreement, arguing that it had limited water resources and that sharing with Haryana would leave its farmers with insufficient water.
- Punjab began construction of the canal but later stopped it over concerns about water scarcity and political opposition.
- Haryana filed a petition in the Supreme Court seeking to compel Punjab to complete the canal.
- The Supreme Court has ruled in favour of Haryana on multiple occasions, but Punjab has not complied with the orders.
6. Constitutional Provisions for Interstate Water Disputes
In India, several constitutional provisions and legislative frameworks deal with interstate water disputes:
Constitutional Provisions
- Article 262: Empowers the Union Parliament to enact laws regarding the adjudication of interstate river water disputes and valley development. This gives the central government authority to intervene and establish tribunals or other mechanisms to resolve water conflicts between states.
- Article 245: Defines the legislative sphere of the Union and states. Although water is not explicitly mentioned, it falls under the concurrent list, meaning both the central and state governments can legislate on it. This can lead to potential overlap and conflicts, making Article 262 crucial for dispute resolution.
- Article 143: Establishes the Supreme Court as the highest court of India, with the power to hear appeals and settle disputes, including those about interstate water rights.
Legislative Frameworks
- Inter-State River Water Disputes Act (1956): This key legislation provides a framework for establishing tribunals to adjudicate interstate water disputes. Upon a state government's request, the central government can refer a dispute to a tribunal, composed of a chairperson and judges. The tribunal's decisions are binding on the parties involved.
- River Boards Act (1956): Establishes river boards for specific river basins to advise the central and state governments on water resource development and utilization. These boards act as consultative bodies, promoting cooperation and coordinated water management between states.
- The National Water Policy (2012): Although not a law, it outlines principles and guidelines for water management in India, including interstate water resources. It emphasizes equitable water distribution, basin-level planning, and efficient water use.
Punjab's Arguments
- Punjab argues that it is a water-stressed state with limited groundwater resources.
- Sharing its water with Haryana would adversely affect its agriculture, which is the backbone of its economy.
- The 1981 agreement was unfair and did not take into account Punjab's water scarcity.
- Completing the SYL Canal would lead to environmental degradation in Punjab.
Haryana's Arguments
- Haryana argues that it is a landlocked state with even less water than Punjab.
- It relies on Ravi and Beas water for irrigation and drinking water.
- The 1981 agreement was a fair and legal settlement that should be respected.
- Delaying the SYL Canal construction deprives Haryana of its rightful share of water.
- Punjab has sufficient water resources and can manage its water needs while sharing with Haryana.
Impact
- The SYL Canal dispute has strained relations between Punjab and Haryana.
- It has led to protests, political tensions, and even violence.
- The dispute has also hindered economic development in both states.
Current Status
- The Supreme Court has recently ordered the Punjab government to start construction of the SYL Canal.
- Punjab has expressed its opposition to the order and is exploring legal options.
- The resolution of the dispute remains uncertain, with both states holding firm to their positions.
For Prelims: Yamuna River, Sutlej River, River Linking, Punjab, Haryana, Inter-state River Water Disputes Act, Rivers Board Act, Article 262, Article 245, Article 143, National Water Policy, Indus River, Ganga River
For Mains:
1. Critically analyze the longstanding Sutlej Yamuna Link Canal dispute between Punjab and Haryana. Discuss the historical context, legal aspects, and potential solutions to achieve a sustainable and equitable resolution. (250 Words)
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Previous Year Questions
1. Consider the following tributaries of River Yamuna and arrange them from West to East: (UPSC 2020)
1. Betwa
2. Ken
3. Sindh
4. Chambal
Select the correct answer from the codes given below.
A. 4, 3, 1 and 2
B. 1, 2, 3 and 4
C. 3, 2, 1 and 4
D. 2, 3, 1 and 4
2. River Sutlej originates from (AFCAT 2013)
A. Northern slopes of the Kailash range
B. Spring at Verinarg
C. Rakshastal Lake
D. Amarkantak plateau
3. Recently, linking of which of the following rivers was undertaken? (UPSC 2016)
A. Cauvery and Tungabhadra
B. Godavari and Krishna
C. Mahanadi and Sone
D. Narmada and Tapti
4. Consider the following statements: (MPSC 2017)
1. According to Article 262 of the Indian Constitution, the Parliament may by law provide for the adjudication of interstate river water dispute.
2. Article 262 empowers the President of India to set up an interstate river water dispute tribunal.
Select the incorrect statements:
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
5. Examine the following statements about the following articles of the Indian Constitution: (Telangana Police SI 2018)
(a) Article 245 of the Indian Constitution states that the powers of both parliament and the state legislature are subject to the provisions of the Constitution.
(b) If an accused person is directed to give his voice sample during the course of the investigation of an offense, there is no violation of his right under Article 20(1).
Choose the correct answer:
A. Both (a) and (b) are correct
B. Both (a) and (b) are incorrect
C. Only (a) is correct
D. Only (b) is correct
6. As per Article 245 ________ is the function of Parliament (UPSSSC PET 2022)
A. Criticising Government
B. Governing
C. Law-making
D. Collecting taxes
7. According to Article 143 of the constitution of India, the ________ has the power to consult the Supreme Court. (AAI ATC Junior Executive 2018)
A. Speaker of the Lok Sabha
B. Prime Minister of India
C. Governor
D. President of India
8. Consider the following statements: (UPSC 2010)
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. on its own initiative (on any matter of larger public interest).
2. if he seeks such advice. 3. only if the matters relate to the Fundamental Rights of the citizens Which of the statements given above is/are correct?
A. 1 only B. 2 only C. 3 only D. 1 and 2
9. If National Water Mission is properly and completely implemented, how will it impact the country? (UPSC 2012)
1. Part of the water needs of urban areas will be met through recycling of waste-water.
2. The water requirements of coastal clues with inadequate alternative sources of water will be met by adopting appropriate technologies that allow for the use of ocean water.
3. All the rivers of Himalayan origin will be linked to the rivers of peninsular India.
4. The expenses incurred by farmers for digging bore-wells and for installing motors and pump-sets to draw ground-water will be completely reimbursed by the Government.
Select the correct answer using the codes given below:
A. 1 only B. 1 and 2 only C. 3 and 4 only D. 1, 2, 3 and 4
10. With reference to the Indus river system, of the following four rivers, three of them pour into one of them which joins the Indus direct. Among the following, which one is such river that joins the Indus direct? (UPSC 2021)
A. Chenab B. Jhelum C. Ravi D. Sutlej
11. The Indus river originates near: (UPRVUNL AE EE 2016)
A. Mansarovar B. Gangotri C. North Kashmir D. Siachen Glacier
12. Consider the following tributaries of river Ganga: (CDS GK 2018)
1. Gandak
2. Kosi
3. Ghaghara
4. Gomti
Which of the following is the correct order of the above rivers from east to west?
A. 3-4-1-2
B. 2-1-3-4
C. 2-3-1-4
D. 1-2-4-3
Answers: 1-A, 2-C, 3-B, 4-B, 5-B, 6-C, 7-D, 8-B, 9-B, 10-D, 11-A, 12- B
Mains
1. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. (UPSC 2013)
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CONTEMPT OF COURT
- The concept of Contempt of Court plays a crucial role in upholding the dignity and authority of the judiciary. It ensures that courts are able to perform their functions without obstruction and maintain the respect essential for the administration of justice.
- In India, this principle is codified under the Contempt of Courts Act, 1971, which recognizes two broad categories of contempt—civil and criminal.
- Civil contempt refers to the willful disobedience of any judgment, decree, or direction issued by a court. It may also involve the breach of an undertaking given to the court. For instance, if an individual deliberately fails to comply with a court’s order—such as ignoring a directive to pay court-mandated maintenance or refusing to act on a demolition order—it constitutes civil contempt. The key element here is the willful and intentional nature of the disobedience.
- On the other hand, criminal contempt goes beyond non-compliance and focuses on actions that obstruct the administration of justice. It includes any publication or act that scandalizes the court, lowers its authority, or prejudices or interferes with judicial proceedings.
- This form of contempt is aimed at protecting the court’s reputation and preventing any influence—direct or indirect—that could compromise the fairness of a legal process.
- The judiciary, while equipped with the power to punish for contempt, exercises this authority with restraint. It is used sparingly and only when the court believes that the act in question threatens the integrity of the judicial system.
- In a democratic society, this balance between protecting the dignity of courts and upholding the right to free speech is essential.
- The law on contempt seeks to strike that balance, ensuring that while criticism of the judiciary is permissible within reasonable limits, acts that impede justice are not tolerated
- The Supreme Court of India, as the apex judicial body in the country, plays a pivotal role in maintaining the integrity and authority of the judicial system, particularly when it comes to contempt of court.
- The Court holds the responsibility of ensuring that the dignity of the judiciary is respected and that the legal process remains uninterrupted. To this end, the Supreme Court has been entrusted with the power to punish acts of contempt and to take action when there is an attempt to undermine or obstruct the course of justice.
- The Supreme Court exercises its power to address contempt of court in two primary ways: preventing interference with judicial proceedings and protecting the reputation and authority of the judiciary.
- As a guardian of the Constitution, the Court uses its contempt powers to ensure that no individual or entity, whether governmental, private, or public, acts in a manner that could disrupt the delivery of justice or defame the judiciary.
- One of the key roles of the Supreme Court in contempt cases is to interpret and apply the law in a way that strikes a balance between protecting judicial authority and respecting constitutional rights, especially the freedom of speech.
- While the Court has the authority to punish contemptuous actions, including imposing fines or imprisonment, it is mindful of its role in a democracy. The Court typically steps in only when contemptuous behavior is blatant and significantly impacts the functioning of justice.
- For example, if someone openly insults the Court, defies its orders, or attempts to influence ongoing legal proceedings, the Supreme Court has the authority to take action.
- Additionally, the Supreme Court often serves as a forum for resolving high-profile contempt matters, particularly those involving media publications or public figures. The Court ensures that its judgments are implemented and that actions which may bring the court into disrepute or cause prejudice to the administration of justice are effectively dealt with.
- Through its oversight, the Supreme Court not only upholds the dignity of the judiciary but also reinforces the principle that no one is above the law, and that judicial authority must be respected at all times.
- The Court's role in contempt of court cases is essential to maintaining the rule of law, ensuring that justice is served without fear, favor, or obstruction
The Constitution of India grants the Supreme Court several powers and responsibilities to ensure the rule of law is maintained across the nation. Two of the significant provisions in this regard are Article 129 and Article 142, which empower the Supreme Court to uphold justice, enforce its orders, and protect the dignity of the judicial process.
Article 129: Power of the Supreme Court to Punish for Contempt of Court
- Article 129 explicitly states that the Supreme Court has the authority to punish any person for contempt of court. This provision grants the apex court the power to ensure that its dignity and authority are upheld, allowing it to take action when its decisions or the functioning of the judicial system is disrespected or obstructed.
- The article is vital in preserving the integrity of the judiciary, ensuring that its orders and judgments are followed, and preventing any act that undermines the administration of justice.
- In essence, Article 129 asserts that the Supreme Court has the inherent jurisdiction to deal with contempt cases, whether civil or criminal, and can impose penalties such as fines or imprisonment if necessary.
- This power is an essential tool for maintaining the respect and effectiveness of the judicial process in India.
Article 142: Enforcement of Orders and Decrees of the Supreme Court
- Article 142 provides a broader and more proactive power to the Supreme Court, enabling it to pass any order or decree that it considers necessary to ensure complete justice in a matter.
- This article empowers the Court to make any order or pass any decree that is beyond the explicit provisions of law, as long as it is in pursuit of justice. It allows the Supreme Court to issue directions that may not strictly adhere to the letter of the law but are deemed essential to prevent injustice and serve the cause of justice in specific cases.
- Article 142 also plays a key role in the enforcement of the Court's decisions. It ensures that the Supreme Court's orders are fully executed, even when there is no clear legal provision to implement a decision.
- The article thus helps the Court to act decisively and ensure that its decisions are not merely symbolic but lead to real-world changes, reinforcing its role as the final arbiter of justice in India.
- In short, Article 142 enhances the powers of the Supreme Court by enabling it to pass orders for the enforcement of its decisions, fill legal gaps, and ensure that justice is done in a timely and effective manner
- While contempt of court proceedings play a critical role in maintaining the integrity and authority of the judiciary, they have been subject to criticism over the years. Critics argue that, when misused or overextended, contempt laws can pose a threat to democratic values, particularly the freedom of expression and the independence of the press.
- The debate over contempt of court laws centers on finding a balance between protecting the judiciary and ensuring that fundamental rights are not unduly restricted.
- One major criticism is that contempt of court proceedings can be used to suppress legitimate criticism of the judiciary. In a democratic society, the right to free speech and the freedom of the press are foundational principles.
- However, contempt laws, particularly criminal contempt, are sometimes perceived as being invoked to silence individuals or media outlets that critique or question judicial decisions, thus stifling public discourse.
- Critics argue that this undermines the transparency of the judicial process, as it discourages public debate on court judgments, which is essential for the evolution of law and justice.
- Additionally, there are concerns that contempt of court laws can be overly broad and vague. The definition of what constitutes contempt is often unclear, which can lead to arbitrary or excessive use of the power to punish individuals.
- For example, an individual who expresses an opinion about a court’s decision may be charged with contempt if the court deems the expression to be offensive, even if there was no intent to interfere with judicial proceedings. This lack of clear boundaries can result in inconsistent application of the law and the potential for abuse by those in power.
- Moreover, there is an argument that the judiciary should be self-regulating and not rely heavily on legal provisions to defend its honor. Some believe that judges should be able to withstand public criticism as part of the democratic process, as long as it does not impede the functioning of the court.
- In this view, contempt proceedings should only be used in cases of direct, serious interference with the judicial process, rather than as a tool to protect the judiciary’s image
- Another point of contention is that contempt of court laws are often disproportionately applied to those without the means to defend themselves, such as journalists or activists.
- The cost and complexity of legal proceedings can make it difficult for these individuals to mount an adequate defense, potentially leading to a chilling effect on free expression. This concern is especially pronounced when contempt charges are used to target dissenting voices or those who challenge the status quo.
- In conclusion, while contempt of court proceedings are essential for ensuring that the judiciary operates without interference, they must be applied with caution and clarity.
- Overuse or misuse of contempt laws can infringe on fundamental rights and inhibit public discourse, which is a vital aspect of a functioning democracy.
- Striking the right balance between protecting judicial authority and safeguarding freedoms of speech and expression remains a challenge that needs ongoing attention and scrutiny
For Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc
For Mains: General Studies II: Structure, organization and functioning of the Executive and the Judiciary
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Previous Year Questions
1.Consider the following statements: (2022)
1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 1, 2 and 4 (c) 3 and 4 only (d) 3 only |
K2-18B

- The latest research suggests that K2-18b could potentially be a Hycean planet—characterized by a global ocean beneath a hydrogen-rich atmosphere.
- Although not definitively classified as such, this type of world is among those the James Webb Space Telescope (JWST) is particularly well-equipped to investigate.
- Some simulations indicate that K2-18b might possess a stratosphere along with traces of carbon oxides and cyanide in its middle atmosphere.
- Scientists also speculate that the planet’s surface conditions could be nearing a runaway greenhouse state, where excessive greenhouse gases trap all heat, similar to what makes Venus so inhospitable.
- In their recent study, researchers reported detecting two possible compounds in K2-18b’s atmosphere—either dimethyl sulphide (DMS) or dimethyl disulphide (DMDS). DMS is of particular interest because it is considered a potential biomarker, indicating the possible presence of life.
- On Earth, DMS is predominantly produced in marine environments. It originates when phytoplankton synthesize a compound called dimethylsulphoniopropionate, which releases DMS upon their death through enzymatic reactions.
- Additionally, DMS can be released when bacteria decompose plant material, and a 2015 study found that about 76% of soil bacteria have a gene enabling them to generate DMS
- Scientists emphasize that the only definitive way to discover extraterrestrial life is through its direct detection. This rationale underpins NASA’s Clipper mission, launched in 2024, which aims to explore Europa, one of Jupiter’s moons.
- While searching for life-supporting conditions and identifying certain molecules from afar can provide clues about habitability, such findings remain speculative—especially since they focus only on life forms similar to those on Earth.
- Uncertainties in these studies also stem from the limitations of observational tools and the assumptions built into simulation models. It’s possible that previously unknown chemical reactions could produce molecules currently considered biosignatures.
- Additionally, the James Webb Space Telescope (JWST) may miss certain compounds simply because their concentrations fall below its sensitivity threshold.
- Back in 2023, researchers had reported a potential trace of dimethyl sulphide (DMS) in K2-18b’s atmosphere. More recent findings suggest that this compound might actually exist in quantities a thousand times greater than on Earth.
- Given DMS’s short lifespan, it would likely require a continuous source on the planet’s surface. However, the latest study didn’t confirm DMS alone—it reported a significant presence of either DMS or its chemical relative, dimethyl disulfide (DMDS).
- To better understand the planet’s chemistry, scientists have also been running simulations of K2-18b’s environment. A 2023 study concluded that most Hycean planet candidates are unlikely to sustain oceans of liquid water. Then in 2024, a U.S. research team argued that the atmospheric data collected by JWST could be explained if K2-18b were a gas-rich mini-Neptune, with no need to invoke a biosphere or unknown methane sources.
- In January, a separate international analysis of JWST data confirmed the presence of methane but found no reliable evidence for either carbon dioxide or DMS, further casting doubt on K2-18b's classification as a Hycan world
For Prelims: Exoplanets, NASA, Earth, hotstar, red drawft stars, LHS 475 b, Goldilocks zone, James Webb Space Telescope,
For Mains:
1. What are exoplanets and discuss the need to studying exoplanets (250 Words)
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