GOVERNOR'S POWER
1. Context
2. About Governor
- Part VI of the Constitution deals with the states and lists out the role and responsibility of the Governor of states.
- Article 153 provides for a Governor of every state and is the constitutional head of the state.
- The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution (Article 154).
- Governor performs the same duties as of President, but as the executive head of a State; the work remains the same as of the office of the President of India.
- A Governor is a nominated head and not an elected representative.
- Dual Role of the Governor as head and representative
- Constitutional head of state; and
- Link between Union and State governments. - His dual role makes him a key functionary in the Indian Constitutional system.
3. Powers of Governor
- Under Article 161 the Governor has the following powers –the power to grant pardons, reprieves, respites, or remissions of punishment; the power to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
- The Governor makes all executive decisions on behalf of the state government (Article 166(1)).
- The Governor appoints the Chief Minister and other cabinet members. They serve at the pleasure of the Governor (Article 164).
- He may create rules for the efficient execution of a state government's work and its distribution among the ministers. (Article 166(3))
- He appoints the state's advocate general and determines his tenure and conditions of service.
- He has the authority to recommend to the President the declaration of a state of constitutional emergency.
- He may request from the Chief Minister any information about the administration of the state's affairs, as well as legislative suggestions (Article 167).
- The governor appoints the state election commissioner and establishes his term of office and working conditions (Article 243K).
4. Friction points between the States and Governor
- In recent years. these have been largely about the selection of the party to form a government, the deadline for proving the majority, sitting on Bills, and passing negative remarks on the state administration.
- Kerala’s government was dismissed based on a report by the Governor. Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.
- Kerala Governor in 2020 turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.
- In 2018 J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government. This paved the way for the Centre to later bifurcate the state into two Union territories, by considering the Governor as the government.
- In 2019 Maharashtra Governor quietly invited the BJP leader and administered his oath as CM. This government lasted just 80 hours. Six months later, the governor refused to nominate CM to the Legislative Council.
- Following the Karnataka polls in 2018, Governor Vajubhai Vala invited the BJP to form the government and gave B S Yeddyurappa 15 days to prove the majority. Challenged by Congress and JDS in the Supreme Court, it was reduced to three days.
5. Reasons for the friction between the Governor and the state governments
- There is no provision for impeaching the Governor, who is appointed by the President on the Centre's advice. While the Governor has a 5-year tenure, he can remain in office only until the pleasure of the President.
- There are no guidelines for the exercise of the Governor's powers, including for appointing a CM or dissolving the Assembly. There is no limit set for how long a Governor can withhold assent to a Bill.
- According to the Constitutional expert, although the Constituent Assembly envisaged the governor to be apolitical. But the truth is, politicians, become Governors and then resign to fight elections.
- The CM is answerable to the people. But the Governor is answerable to no one except the Centre. This is the fundamental defect in the Constitution.
6. Reforms Suggested
Several Panels, the Administrative Reforms Commission of 1968 and the Sarkaria Commission of 1988 have recommended reforms such as
- selection of the Governor through a panel comprising the PM, the Home Minister, the Lok Sabha Speaker, and the CM.
- Apart from fixing his tenure for five years
- Recommendations have also been made for a provision to impeach the Governor by the Assembly.
For Prelims & Mains
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For Prelims: Governor, Chief Minister, Article 153, Article 154, Article 164, and Article 243K.
For Mains: 1. In the context of friction between the state governments and the Governor explain the role and powers of the Governor and what reforms have been suggested so far to end the tussle between the state governments and the Governor.
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Previous Year Questions
Which of the following are the discretionary powers given to the Governor of a State? (UPSC CSE 2014)
1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. 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
D. 1, 2, 3, 4
Answer (B)
2.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)
Answer (C)
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MANUAL SCAVENGING
1. Context
2. What is Manual Scavenging?
- Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks. India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
- The Act bans the use of any individual for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta till its disposal.
In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks. - The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”
3. Why Manual Scavenging is still prevalent in India?
- The lack of enforcement of the act and the exploitation of unskilled laborers are the reasons why the practice is still prevalent in India.
- The Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks.
- The unskilled laborers are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
4. Past Incidents
- In January 2019, three labourers suffocated to death while cleaning a sewage treatment plant on Mira Road.
- On May 3, 2019, three labourers choked to death while cleaning a septic tank in a private society in Nalasopara, near Mumbai. On May 11, three men in their 20s were killed after they inhaled toxic fumes while cleaning a septic tank at a housing society in Thane.
- A BMC worker, who had entered a manhole at Nana Chowk in Mumbai died after inhaling toxic gases. And four other workers were hospitalized.
- In February 2017, three labourers died while cleaning a septic tank of a residential society in Mumbai’s Malvani area. In Dombivali, a son and father died while cleaning a septic tank.
5. Constitutional Safeguards
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. Here, individuals are forced into such professions as they are unable to get any other job because of the stigma attached to this job and become unable to sustain their families.
5.2 Article 17: Abolition of untouchability
Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offense punishable in accordance with the law. According to Section 7A of the aforementioned Act, anyone who forces someone to engage in scavenging on the grounds of untouchability is considered to have enforced a disability resulting from untouchability, which is punished by imprisonment.
5.3 Article 21: Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to a procedure established by law. Plenty of people lose lives during such unsanitary practices of scavenging and die because of suffocation, harmful gases released through sewers, and other inhumane reasons.
5.4 Article 23: Prohibition of traffic in human beings and forced labor
In addition to the provisions of the Constitution, India is a party to a number of international conventions and covenants that forbid the cruel practice of manual scavenging. These are the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Elimination of Racial Discrimination (CERD), and the Universal Declaration of Human Rights (UDHR).
6. Steps were taken by the government
- The government implemented the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, under which the definition has broadened and manual cleaning now goes beyond dry latrines and includes all forms of cleaning like handling in any manner, human excreta in an insanitary latrine or in an open drain or pit and railway tracks as well.
- The government has implemented the Building and Maintenance of Insanitary Latrines Act of 2013 which banned the construction or maintenance of unsanitary toilets.
- Along with outlawing employing any person for manual scavenging. As compensation for historical injustice and indignity, the act also establishes a constitutional obligation to offer alternative employment opportunities and other forms of support to communities that rely on manual scavenging.
- Ministry of Housing and Urban Affairs launched Safaimitra Suraksha Challenge on World Toilet Day (19th November) in 2020 to challenge all states to create a mechanized system of sewer cleaning.
For Prelims & Mains
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For Prelims: Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR), Article 14, Article 17, Article 21, Article 23, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Elimination of Racial Discrimination (CERD), and the Universal Declaration of Human Rights (UDHR). For Mains: 1. What is Manual Scavenging? Explain why Manual Scavenging is still prevalent in India and Discuss the constitutional safeguards regarding it. |
NUCLEAR ENERGY
Nuclear energy is a form of energy that is generated from the nucleus of an atom. It is released through two main processes: nuclear fission and nuclear fusion.
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Nuclear Fission: Nuclear fission is the process by which the nucleus of a heavy atom, such as uranium-235 or plutonium-239, is split into two or more smaller nuclei, along with the release of a significant amount of energy. This process can be controlled and sustained in a nuclear reactor. In a nuclear power plant, the heat produced by nuclear fission is used to generate steam, which, in turn, drives turbines connected to generators. These generators produce electricity, which is then distributed for various purposes.
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Nuclear Fusion: Nuclear fusion is the process of combining the nuclei of light atoms, such as isotopes of hydrogen (e.g., deuterium and tritium), to form a heavier nucleus, along with the release of energy. Fusion is the process that powers the sun and other stars. It has the potential to provide a nearly limitless and cleaner source of energy compared to fission. However, achieving controlled nuclear fusion on Earth has proven to be technologically challenging and has not yet been realized for widespread energy production.
Nuclear energy serves several important purposes and is considered valuable for various reasons, which include:
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Low Greenhouse Gas Emissions: Nuclear power plants produce electricity with very low greenhouse gas emissions. This makes nuclear energy an attractive option for countries aiming to reduce their carbon footprint and combat climate change. It provides a source of electricity that is relatively clean and doesn't release significant amounts of carbon dioxide or other greenhouse gases into the atmosphere.
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Reliable Baseload Power: Nuclear energy provides a consistent and reliable source of electricity, known as baseload power. Unlike some renewable energy sources, such as wind and solar, which are intermittent and weather-dependent, nuclear power can operate continuously and meet the minimum electricity demand, ensuring grid stability.
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Energy Security: Nuclear energy can contribute to energy security by diversifying a nation's energy sources. This reduces the reliance on fossil fuels, which can be subject to price volatility and supply disruptions due to geopolitical conflicts.
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High Energy Density: Nuclear fission, the process used in nuclear power plants, has a high energy density, meaning that a small amount of nuclear fuel can produce a large amount of energy. This is particularly important in scenarios where space and resource constraints are factors.
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Long Fuel Supply: Uranium, the primary fuel used in nuclear reactors, is relatively abundant and can provide a stable and long-term source of energy. Additionally, there is ongoing research into advanced nuclear technologies, such as breeder reactors, which can extend the use of nuclear fuel resources.
- Reduced Air Pollution: In addition to lower greenhouse gas emissions, nuclear power plants do not produce the air pollutants associated with fossil fuel combustion, such as sulfur dioxide, nitrogen oxides, and particulate matter, which can have adverse health effects and contribute to air pollution.
- High Energy Independence: Nations with nuclear power capabilities can reduce their dependence on imported fossil fuels. This enhances energy independence and can have economic and geopolitical benefits.
Water reactors are a common type of nuclear reactor that use water as a coolant and/or moderator. There are several types of water reactors, including pressurized water reactors (PWRs) and boiling water reactors (BWRs). Here's an overview of these two main types:
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Pressurized Water Reactors (PWRs):
- Pressurized Water Reactors (PWRs) are the most prevalent type of commercial nuclear reactors in the world.
- PWRs use ordinary water (light water) as both a coolant and a moderator. The water is kept at high pressure to prevent it from boiling.
- The reactor core contains fuel rods, typically enriched uranium, and control rods to regulate the nuclear reaction.
- The heat generated in the reactor core is transferred to a secondary loop of water (usually at lower pressure) through a heat exchanger. This secondary loop is used to produce steam to drive turbines and generate electricity.
- PWRs are known for their safety features, as the high pressure in the primary coolant loop helps prevent the release of radioactive materials.
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Boiling Water Reactors (BWRs):
- Boiling Water Reactors (BWRs) also use water as a coolant and moderator, but they allow the water in the reactor core to boil.
- The fuel rods are located in the reactor core, and as the nuclear fission reactions occur, they generate heat, causing the water in direct contact with the fuel rods to boil and produce steam.
- The steam from the reactor core is directly used to drive turbines and generate electricity without the need for a separate heat exchanger.
- BWRs are simpler in design but have different safety features compared to PWRs.
| Pressurized Heavy Water Reactor (PHWR) | Light Water Reactor (LWR) | Prototype Fast Breeder Reactor (FBR) | |
| Coolant and Moderator | Uses heavy water (deuterium oxide, D2O) as both the coolant and moderator. Heavy water moderates the neutrons and helps sustain the nuclear chain reaction | Uses ordinary light water (H2O) as both the coolant and moderator. The light water absorbs some neutrons, which affects the reactivity of the reactor | Uses a liquid metal coolant (sodium or lead) and typically does not use a separate moderator. The fast neutrons produced in the reactor core drive the breeding of fissile material. |
| Fuel | Typically uses natural uranium or slightly enriched uranium as fuel. It relies on heavy water to sustain the chain reaction | Uses enriched uranium (typically U-235) or mixed oxide (MOX) fuel, which contains both uranium and plutonium. Light water reactors require enriched fuel to compensate for neutron absorption by the coolant | Uses plutonium or enriched uranium as fuel. The reactor is designed to create more fissile material (usually plutonium-239) than it consumes |
| Neutron Spectrum | Has a thermal neutron spectrum, where neutrons have lower energy and are moderated by heavy water | Also has a thermal neutron spectrum, where neutrons are moderated by light water | Operates with a fast neutron spectrum, meaning that neutrons have higher energy and are not significantly moderated. This allows for efficient breeding of fissile material |
| Efficiency | Relatively low thermal efficiency due to the neutron-absorbing properties of heavy water | Moderate thermal efficiency. Most commercial nuclear power plants worldwide are LWRs | High potential for efficiency as it can produce more fissile material than it consumes, making it a potential source of sustainable nuclear fuel. |
| Development and Use | Used in some countries like Canada and India for power generation | The most common reactor type for commercial power generation worldwide | Developed as a prototype for future breeder reactor technology. Few operational FBRs exist |
The following are nuclear power plants in India:
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Tarapur Atomic Power Station (TAPS):
- Located in Tarapur, Maharashtra.
- Features two boiling water reactors (BWRs) and two pressurized heavy water reactors (PHWRs).
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Kakrapar Atomic Power Station (KAPS):
- Located in Kakrapar, Gujarat.
- Consists of two pressurized heavy water reactors (PHWRs).
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Rajasthan Atomic Power Station (RAPS):
- Located in Rawatbhata, Rajasthan.
- Comprises several units, including both pressurized heavy water reactors (PHWRs) and pressurized heavy water reactors with enriched uranium (PHWRs-PU).
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Madras Atomic Power Station (MAPS):
- Located in Kalpakkam, Tamil Nadu.
- Features two pressurized heavy water reactors (PHWRs) and a Prototype Fast Breeder Reactor (PFBR).
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Narora Atomic Power Station (NAPS):
- Located in Narora, Uttar Pradesh.
- Houses two pressurized heavy water reactors (PHWRs).
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Kaiga Generating Station (KGS):
- Located in Kaiga, Karnataka.
- Operates with pressurized heavy water reactors (PHWRs).
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Kudankulam Nuclear Power Plant:
- Located in Kudankulam, Tamil Nadu.
- Currently, it has two VVER-1000 pressurized water reactors (PWRs) in operation, and additional units were under construction.
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Gorakhpur Haryana Anu Vidyut Pariyojana (GHAVP):
- Located in Fatehabad, Haryana.
- Houses two pressurized heavy water reactors (PHWRs).
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For Prelims: Current events of national and international importance and General Science
For Mains: General Studies III: Science and Technology- developments and their applications and effects in everyday life
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NET ZERO
Net zero is critical in the fight against climate change for several reasons:
Limiting global warming:
- The Intergovernmental Panel on Climate Change (IPCC) states that reaching net zero by mid-century is crucial to limiting global warming to 1.5°C above pre-industrial levels. This goal is essential to avoid the worst impacts of climate change, such as extreme weather events, rising sea levels, and mass extinctions.
- By balancing emissions and removals, we prevent the further accumulation of greenhouse gases in the atmosphere, stabilizing the climate system and preventing further damage.
Environmental benefits:
- Reducing greenhouse gas emissions also leads to cleaner air, benefiting public health and reducing respiratory illnesses.
- Limiting warming protects ecosystems and the biodiversity they support, preserving vital natural resources and services.
- By lowering carbon dioxide levels, net zero helps mitigate ocean acidification, which is harmful to marine life and ecosystems.
Economic and social benefits:
- The transition to net zero creates opportunities for new technologies, industries, and jobs, driving economic growth and innovation.
- Reducing reliance on fossil fuels enhances energy security and independence from volatile global markets.
- Climate change poses a serious threat to human health. Achieving net zero reduces these risks and promotes healthier communities.
Global cooperation:
- Net zero is a global challenge requiring international collaboration and cooperation. Achieving this goal requires all nations to contribute and share best practices.
- We have a moral obligation to future generations to protect the planet and ensure a sustainable future. Net zero is an essential step in this direction
- Transitioning from fossil fuels to renewable energy sources like solar, wind, hydroelectric, and geothermal power is crucial. This involves increasing renewable energy capacity and enhancing energy efficiency
- Encouraging the use of electric vehicles, heat pumps, and other clean technologies can reduce emissions in transportation, heating, and cooling sectors
- Improving energy efficiency in buildings, industries, and appliances can significantly reduce energy consumption and emissions
- Implementing technologies that capture carbon dioxide emissions from industrial processes and power generation, followed by storing or utilizing it, can help offset emissions
- Protecting and restoring forests, wetlands, and other ecosystems can capture and store carbon dioxide naturally, contributing to offsetting emissions
- Encouraging industries to adopt cleaner production methods, such as low-carbon cement production or sustainable agricultural practices, can reduce emissions
- Implementing policies like carbon pricing, emissions regulations, and incentives for renewable energy can drive the transition to net zero
- Investing in research and development of new technologies, materials, and processes that produce fewer emissions is crucial for long-term sustainability
- Encouraging individuals and communities to adopt sustainable practices like reducing meat consumption, using public transportation, and embracing energy-efficient habits contributes to emissions reduction
| Subject | Net Zero | Carbon Neutral |
|---|---|---|
| Definition | Achieving a balance between emissions produced and removed from the atmosphere, ideally resulting in no net emissions. | Offsetting or balancing the emissions released with an equivalent amount of emissions removed or avoided elsewhere. |
| Focus | Focuses on achieving a balance of overall greenhouse gas emissions, not necessarily zero emissions for all activities. | Primarily focuses on balancing carbon dioxide emissions, often through offsets or carbon credits. |
| Scope | Includes all greenhouse gases, not just carbon dioxide, aiming to balance the overall emissions footprint. | Primarily centered on carbon dioxide emissions, sometimes excluding other greenhouse gases. |
| Time frame | Doesn't necessarily imply immediate zero emissions but aims to balance emissions over time, potentially allowing some emissions with equivalent removal. | Allows for ongoing emissions if they are compensated by an equivalent amount of carbon removal or offsetting. |
| Strategies | Involves reducing emissions as much as possible and offsetting remaining emissions through various methods like carbon capture, afforestation, etc. | Focuses on offsetting carbon emissions through projects that remove or prevent an equivalent amount of carbon dioxide from entering the atmosphere. |
| Target | Generally considered a more ambitious goal as it aims to ultimately eliminate or balance all greenhouse gas emissions. | May be perceived as a less ambitious goal since it primarily targets carbon emissions and allows for offsetting rather than complete elimination. |
VICE PRESIDENT OF INDIA
- The Vice President serves as the Chairperson of the Council of States (Rajya Sabha) and presides over its sessions.
- They ensure the smooth functioning of the Rajya Sabha, maintain decorum, and decide on points of order
- In case of the resignation, death, removal, or inability of the President to discharge their duties, the Vice President acts as the President until a new President is elected
- The Vice President is elected by an electoral college, consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha) through a secret ballot and proportional representation with a single transferable vote.
- Members of State Legislative Assemblies do not participate in this election
Eligibility Criteria:To be eligible for the office of Vice President:
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- As the second-highest constitutional authority after the President, the Vice President's powers are derived from Article 63 of the Constitution.
- Additionally, Article 64 designates the Vice President as the ex-officio Chairperson of the Rajya Sabha, entrusting the officeholder with dual responsibilities as Vice President and Chairperson of the Upper House.
- The procedure for the removal of the Vice President, who also serves as the Chairperson of the Rajya Sabha, is outlined in Article 67.
- This article specifies that the Vice President's tenure is five years, beginning from the day they assume office. However, they may resign before completing the term by submitting a resignation to the President.
- Moreover, under Article 67(b), the Vice President can be removed if a resolution to that effect is passed by a majority in the Rajya Sabha and subsequently agreed upon by the Lok Sabha. It is stipulated that such a resolution requires a prior notice period of at least 14 days before it can be moved
- It is improbable that the no-confidence motion will be discussed in the House, as the Winter Session of Parliament is set to end on December 20, leaving fewer than 14 days for consideration.
- For example, in 2020, then Rajya Sabha Chairperson M. Venkaiah Naidu rejected a no-confidence motion against Deputy Chairperson Harivansh, citing the requirement of a 14-day notice.
- Even if the motion is brought before the House, it is unlikely to succeed due to the Opposition’s lack of sufficient numbers to ensure its passage. This initiative seems to primarily serve as a symbolic protest against Mr. Dhankhar’s alleged partisan behavior.
- Since it is a constitutional resolution, it does not expire with the prorogation of the session. It can be addressed in the next session of Parliament or during a specially convened session for that purpose
- No, the Vice President of India, in their capacity as the Chairperson of the Rajya Sabha, cannot preside over a motion concerning their own removal in the Upper House. This is in line with the principle of natural justice, which prevents an individual from judging a matter in which they have a direct interest.
- In such a scenario, Article 91 of the Constitution provides that the duties of the Chairperson of the Rajya Sabha (the Vice President) will be performed by the Deputy Chairperson.
- If the Deputy Chairperson is unavailable or the office is vacant, any other member of the Rajya Sabha, as determined by the rules of procedure, may preside over the proceedings.
- This ensures impartiality and fairness in handling motions related to the removal of the Vice President
| Article | Provision | Details |
| 63 | Office of the Vice President | Establishes the position of the Vice President of India |
| 64 | Vice President as Ex-officio Chairperson of the Rajya Sabha |
1.Serves as the head of the Rajya Sabha.
2.Has no voting rights in the Rajya Sabha except in case of a tie
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| 65 | Acting as President |
1.Takes over as President in the absence of the President.
2.Cannot hold the position of Rajya Sabha Chairperson during this period
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| 66 | Election of the Vice President | Elected by members of both Houses of Parliament through proportional representation and secret ballot |
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Eligibility Criteria:
- Must be a citizen of India.
- Must be at least 35 years old.
- Must be eligible for Rajya Sabha membership.
- Cannot hold a government position
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| 67 | Term of Office and Removal |
1.Serves a five-year term.
2.Can resign or be removed by a resolution passed by both Houses of Parliament
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For Prelims: Vice President of India, President of India
For Mains: GS II - IndianPolity & Governance
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Previous Year Questions
1.Consider the following statements: (UPSC CSE 2013)
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) Mains 1.Discuss the role of the Vice –Presidents of India as the chairman of the Rajya Sabha. (2022) |
IMPEACHMENT OF A JUDGE
- The impeachment of a judge is a formal process by which a judge is removed from office for misconduct or incapacity. It is a serious matter that requires a high degree of evidence and a rigorous legal process.
- In India, the impeachment process is governed by the Judges Inquiry Act, 1968. The process can be initiated by either the Lok Sabha (lower house of Parliament) or the Rajya Sabha (upper house of Parliament). To initiate the process, a minimum of 100 members of the Lok Sabha or 50 members of the Rajya Sabha must sign a notice.
- Once the notice is received, a motion for impeachment is moved in the respective house. If the motion is passed by a special majority (two-thirds of the members present and voting), the matter is referred to a committee of inquiry. The committee investigates the allegations against the judge and submits a report to the respective house.
- If the committee finds the allegations to be true, the house can pass a resolution for the removal of the judge. The resolution must also be passed by a special majority in the other house. Finally, the President of India issues an order removing the judge from office.
- The impeachment process is a complex and lengthy one. It is designed to ensure that judges are held accountable for their actions, but also to protect them from frivolous or politically motivated attacks
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Initiation:
- A motion must be signed by:
- 100 Members of Lok Sabha, or
- 50 Members of Rajya Sabha.
- The motion is submitted to the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).
- A motion must be signed by:
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Preliminary Inquiry:
- The Speaker/Chairman decides whether to admit the motion.
- If admitted, a three-member committee is constituted to investigate. This committee consists of:
- A Supreme Court judge.
- A High Court Chief Justice.
- A distinguished jurist.
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Investigation by the Committee:
- The committee examines evidence and determines whether the charges are valid.
- If charges are proven, the process continues in Parliament.
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Parliamentary Approval:
- Both Houses of Parliament must approve the motion with a special majority:
- A majority of the total membership of the House.
- A majority of not less than two-thirds of members present and voting.
- Both Houses of Parliament must approve the motion with a special majority:
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Presidential Assent:
- Once both Houses approve, the motion is sent to the President.
- The President orders the judge's removal.
Justice V. Ramaswami (Supreme Court Judge, 1993)
- Allegations:
Misuse of office, including extravagant spending on official residence and irregularities in financial matters. - Process:
- An inquiry committee was set up, which found him guilty of several charges.
- However, the impeachment motion in the Lok Sabha failed as the Congress Party abstained from voting, preventing the required special majority.
- Outcome:
Justice Ramaswami was not removed but became the first judge against whom impeachment proceedings were initiated.
Justice Soumitra Sen (Calcutta High Court, 2011)
- Allegations:
Misappropriation of funds while acting as a court-appointed receiver in 1993, prior to his appointment as a judge. - Process:
- An impeachment motion was passed in the Rajya Sabha with a majority.
- Before the Lok Sabha could vote, Justice Sen resigned, making the impeachment process moot.
- Outcome:
Justice Sen avoided impeachment by resigning.
Justice Dipak Misra (Chief Justice of India, 2018)
- Allegations:
Misuse of authority, including irregularities in assigning cases and other charges. - Process:
- An impeachment motion was signed by 71 members of the Rajya Sabha and submitted to the Chairman.
- The Rajya Sabha Chairman, Venkaiah Naidu, rejected the motion, stating it lacked substantial merit.
- Outcome:
The impeachment did not proceed
Types of Majority Rules in Indian Parliament:
- Most common voting procedure
- Requires more than half of the members present and voting
- Used for:
- Passing ordinary legislation
- Routine parliamentary decisions
- No-confidence motions
- Most day-to-day parliamentary proceedings
- Requires support of more than 50% of the total membership of the house
- Includes members not just present, but the entire strength of the house
- Used for:
- Passing money bills
- Confidence motions
- Electing the Speaker of Lok Sabha
- Removing the Speaker from office
- Requires support of two-thirds of members present and voting
- Used for:
- Constitutional amendments
- Impeachment of President
- Declaring a national emergency
- Passing certain critical resolutions
- Requires a special majority for certain constitutional amendments
- Needs majority of total membership AND two-thirds of members present and voting
- Specific percentage of total membership required
- Often used in specific constitutional provisions
- Typically ranges between 50-66% depending on the specific constitutional requirement
- Considers actual voting strength after subtracting abstentions
- Relevant in scenarios with multiple parties and complex parliamentary dynamics
- Less common, but used in some specific parliamentary procedures
- Gives different weights to votes based on certain predefined criteria
Important Considerations:
- Quorum requirements must be met for voting
- Voting can be by voice vote, division (counted vote), or ballot
- Electronic voting has been introduced in recent years
- Presiding officer has significant discretion in interpreting majority rules
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For Prelims: Article 368 (most amendments, except for a few requiring ratification by states)
For Mains: GS Paper II - Governance, Constitution, and Judiciary
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KEELADI
1. Context
2. How Keeladi linked to sangam age?
- The Sangam age is a period of history in ancient Tamil Nadu that was believed to be from the third century BCE to the third century CE.
- Excavations by the Archaeological Survey of India (ASI) and Tamil Nadu State Archaeology Department (TNSDA) had pushed the Sangam age further back.
- In 2019, a TNSDA report dated the unearthed artifacts from Keeladi to a period between the sixth century BCE and the first century BCE. One of the six samples collected at a depth of 353 cm, sent for carbon dating in the U.S., dated back to 580 BCE.
- The findings in the TNSDA report placed Keeladi artifacts about 300 years earlier than the previously believed third century BCE.
- Keeladi could also provide crucial evidence for understanding the missing links of the Iron Age (12th century BCE to sixth century BCE) to the Early Historic Period (sixth century BCE to fourth century BCE) and subsequent cultural developments.
3. Links to Indus Valley Civilisation
- The unearthed Keeladi artifacts have led academics to describe the site as part of the Vaigai Valley Civilisation.
- The findings have also invited comparisons with the Indus Valley Civilisation while acknowledging the cultural gap of 1,000 years between the two places.
- Till now, the gap is filled with Iron Age material in south India, which serves as residual links. However, some of the symbols found in pot sherds of Keeladi bear a close resemblance to Indus Valley signs.
- A lot of digging and study has to be done to establish the links between these two civilizations.
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4. About Sangam Age
- The word ‘Sangam’ is the Tamil form of the Sanskrit word Sangha which means a group of persons or an association.
- The Tamil Sangam was an academy of poets who flourished in three different periods and in different places under the patronage of the Pandyan kings.
- The Sangam literature, largely consolidated from the third Sangam, throws information on the conditions of life of people around the beginning of the Christian era.
- It deals with the secular matter relating to public and social activities like government, war charity, trade, worship, agriculture, etc.
- Sangam literature consists of the earliest Tamil works (such as the Tolkappiyam), the ten poems (Pattupattu), the eight anthologies (Ettutogai) and the eighteen minor works (Padinenkilkanakku), and the three epics.
5. About Vaigai River
- It is an east-flowing river.
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The Vaigai river basin is an important one among the 12 basins between the Cauvery and Kanyakumari.
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This basin is bounded by the Cardamom Hills and the Palani Hills on the West and by the Palk Strait and Palk Bay on the East.
6. What has been unearthed so far?
- In the eight rounds of excavations, including the first three by the ASI, over 18,000 artifacts have been unearthed from the site and the unique artifacts will be on display at the museum to the opened soon.
- The unearthing of heaps of pottery suggests the existence of a pottery-making industry, mostly made of locally available raw materials. Over 120 potsherds containing Tamil Brahmi inscriptions have been found.
- Keeladi, along with other Tamil Nadu sites which have over a thousand inscribed potsherds, clearly suggest the long survival of the script.
- Gold ornaments, copper articles, semi-precious stones, shell bangles, ivory bangles, and ivory combs reflect the artistic, culturally rich, and prosperous lifestyle of the Keeladi people.
- Agate and carnelian beads suggest import through commercial networks while terracotta and ivory dice, gamesmen, and evidence of hopscotch have been unearthed revealing their pastime hobbies.
Rakhigarhi Excavation and Discoveries:
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While excavation continues at the ancient Harappan site of Rakhigarhi in Haryana’s Hisar district, situated along the Ghaggar-Hakra river plain, the central government has granted protected status to the mounds under the Ancient Monuments and Archaeological Sites and Remains Act of 1958.
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Rakhigarhi ranks among the two most prominent Harappan sites in India, alongside Dholavira in Gujarat.
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During a three-month excavation in 2022 at three of Rakhigarhi’s seven mounds, archaeologists uncovered remnants of residential structures, streets, a drainage network, and a possible jewelry-making workshop. The dig also yielded artifacts such as copper and gold ornaments, terracotta figurines, seals, and numerous pottery pieces.
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The initial excavation at the site was led by Amarendra Nath of the Archaeological Survey of India. Previously, Mohenjodaro in Pakistan was considered the largest Harappan city, but new excavations by Professor Vasant Shinde and his team at Rakhigarhi challenged that view.
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The discoveries point to both the early and mature phases of Harappan civilization at the site, which is believed to be around 5,000 years old. Notably, a cylindrical seal bearing five Harappan symbols on one side and an alligator motif on the other was found.
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Ritual practices are evidenced by findings such as a sacrificial pit constructed with mud bricks and fire altars in triangular and circular shapes. A DNA analysis of human remains from the Rakhigarhi cemetery indicates the Harappans had an indigenous origin, contradicting earlier theories linking them to steppe or ancient Iranian populations.
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Rakhigarhi also provided the first recorded instance of a double burial, featuring the remains of a male and a female (aged approximately 38 and 25, respectively).
Ratnagiri Buddhist Site Excavations:
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Excavation at the Buddhist complex in Ratnagiri, dating from the 5th to 13th centuries, has revealed significant artifacts including a large Buddha head, a massive hand, an ancient boundary wall, and inscribed relics, believed to date back to the 8th and 9th centuries AD. These discoveries reaffirm Ratnagiri’s importance as a Buddhist heritage site in Odisha’s Jajpur district.
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Debala Mitra, who later became the ASI’s first woman Director General (1981–83), led the site’s initial excavation between 1958 and 1961. Afterward, no further large-scale excavations occurred, even though visible structures and statues hinted at untapped potential. Focus shifted instead to other Buddhist sites in Odisha.
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Ratnagiri, meaning "Hill of Jewels," is located about 100 km northeast of Bhubaneswar, on elevated terrain between the Birupa and Brahmani rivers. It is the most renowned and extensively explored Buddhist site in the state.
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Together with Udaygiri and Lalitgiri, Ratnagiri forms the celebrated ‘Diamond Triangle’ of Odisha, with all three sites clustered in the Jajpur and Cuttack districts.
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Ratnagiri is considered a key early hub of Vajrayana or Tantrayana Buddhism, a tradition that emphasized achieving spiritual power through practices associated with the Vajra (thunderbolt or diamond). This belief is the basis for the ‘Diamond Triangle’ nomenclature.
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Unique among Indian Buddhist monasteries, Ratnagiri's monastery features a curvilinear roof. Historical records suggest that at its height, the site accommodated around 500 monks who practiced the Tantrayana tradition of Buddhism
| For Prelims: Keeladi, Sangam age of Tamil Nadu, Archaeological Survey of India (ASI) and Tamil Nadu State Archaeology Department (TNSDA), Vaigai Valley Civilisation, Indus Valley Civilisation, Iron Age, Tolkappiyam, Pattupattu, Ettutogai, Padinenkilkanakku, Cardamom Hills, Palani Hills, and Vaigai River. |
Previous year question1.Which one of the following statements about Sangam literature in ancient South India is correct? (UPSC 2022)
A. Sangam poems are devoid of any reference to material culture.
B. The social classification of Varna was known to Sangam poets.
C. Sangam poems have no reference to the warrior ethic.
D. Sangam literature refers to magical forces as irrational.
Answer: B
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INDIA'S SPORTS POLICY JOURNEY
- India’s approach to sports policy since gaining independence in 1947 should be understood in light of the country’s overall socio-economic priorities. In the aftermath of colonial rule, the primary focus was on national reconstruction, especially tackling issues like poverty, public health, and education.
- As a result, sports did not receive significant attention in the early policy framework. Despite this, India made a symbolic statement by hosting the first Asian Games in New Delhi in 1951, showcasing its regional leadership and cultural influence.
- The establishment of the All-India Council of Sports (AICS) in 1954 marked a formal step toward supporting sports bodies and elite athletes through policy advice and limited funding.
- However, financial constraints meant many athletes could not participate in global events. For almost 30 years, there was little major development in sports policymaking. Nonetheless, India’s men’s hockey team remained a dominant force in the Olympics from 1920 to 1980.
- Indian track and field also produced notable figures such as Milkha Singh (sprints), Gurbachan Singh Randhawa (decathlon), Praveen Kumar Sobti (throws), and Kamaljeet Sandhu, who became the first Indian woman to secure an individual gold at the Asian Games
- The 1982 Asian Games served as a turning point for Indian sports policy. In its aftermath, the government established a separate Department of Sports under the Ministry of Human Resource Development.
- Capitalizing on the momentum, India introduced its first National Sports Policy (NSP) in 1984, which aimed to enhance sports infrastructure, encourage mass participation, and elevate performance at the elite level.
- The policy also emphasized the integration of sports into the educational system, a concept that was formally included in the 1986 National Education Policy. That year also saw the creation of the Sports Authority of India (SAI), tasked with executing sports policies and managing athlete development programs.
- However, between 1986 and 2000, while the global sports landscape saw significant growth, India’s progress remained limited. With sports falling under the jurisdiction of state governments as per the Constitution, and with only a modest allocation from the central government, broader societal and private sector engagement was largely absent.
- The policies during this time were underdeveloped, and their execution lacked consistency. Moreover, India’s sluggish economy during the 1980s further hindered sports development.
- The economic liberalisation of 1991 marked a pivotal shift, bringing with it cultural transformation. The advent of cable television, increased international exposure, and a growing middle class sparked greater interest and ambition in sports.
- A Draft National Sports Policy was introduced in 1997, proposing that state governments focus on grassroots development while the central government prioritized elite sports. However, the draft was never formally adopted
- In 2000, India established the Ministry of Youth Affairs and Sports (MYAS) as a dedicated body to oversee sports development. A revamped National Sports Policy followed in 2001, offering more defined objectives for expanding public participation and enhancing international competitiveness.
- During this time, sports began receiving a specific, though limited, allocation in the Union Budget. India’s achievements at the Olympics remained modest, highlighted by Rajyavardhan Rathore’s silver medal in 2004, Abhinav Bindra’s historic gold in 2008, and bronze medals from boxers Vijender Singh (2008) and Mary Kom (2012).
- In 2011, the government introduced the National Sports Development Code (NSDC) to bring greater accountability and professionalism to National Sports Federations (NSFs).
- The code addressed critical areas such as governance, anti-doping measures, age verification, gambling, and gender-related concerns. However, as with earlier efforts, enforcement posed a significant challenge.
- Despite these hurdles, several notable initiatives emerged. The Target Olympic Podium Scheme (TOPS), launched in 2014, provided top-tier athletes with essential support in training, nutrition, and facilities.
- The Khelo India programme, initiated in 2017, focused on identifying young talent through school and university-level competitions. In 2019, the Fit India Movement was launched to promote regular physical activity and encourage a culture of fitness across the population
India’s aspiration to host the 2036 Olympic Games has given a new push to its sports development agenda. In 2024, the government made public both the Draft National Sports Policy and the Draft National Sports Governance Bill, inviting suggestions and responses from citizens. It remains uncertain whether these drafts will be formally enacted into law. Encouragingly, the National Sports Policy 2025 was officially launched yesterday under the name “Khelo Bharat Niti – 2025”, reinforcing India’s Olympic ambitions.
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For Prelims: Khelo Bharat Niti – 2025, National Sports Federations (NSFs), Khelo India
For Mains: GS II - Governance
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DIRECTORATE OF ENFORCEMENT (ED)
1. Context
2. About the Directorate of Enforcement
The Directorate of Enforcement (ED) is a law enforcement agency in India that operates under the Department of Revenue, Ministry of Finance. It is responsible for enforcing economic laws and fighting financial crimes in the country. The primary objective of the Directorate of Enforcement is to enforce the provisions of two major laws:
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Foreign Exchange Management Act (FEMA): This law deals with foreign exchange and foreign trade in India. The ED ensures compliance with FEMA regulations and investigates violations related to foreign exchange transactions.
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Prevention of Money Laundering Act (PMLA): The ED is also responsible for implementing the provisions of the PMLA, which focuses on preventing money laundering and combating the financing of terrorism. It investigates cases related to money laundering and takes appropriate action against those involved.
The Directorate of Enforcement plays a crucial role in maintaining the economic stability of the country by addressing financial offenses and ensuring compliance with relevant laws. It conducts investigations, searches, and seizures, and has the authority to attach and confiscate properties acquired through illegal means
3. Establishment and History
- 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.
4. Functions and Roles of ED
4.1. 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.
4.2. 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.
4.3. 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.
4.4 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.
5. Challenges
5.1. The complexity of economic crimes.
- Economic crimes are often complex and involve a variety of financial transactions.
- This can make it difficult for the ED to trace the proceeds of crime and to build a case against the perpetrators.
5.2. The difficulty of tracing the proceeds of crime
- The proceeds of crime are often hidden in complex financial structures, making it difficult for the ED to track them down.
- The ED also faces challenges in obtaining information from foreign jurisdictions, where the proceeds of crime may have been transferred.
5.3. The lack of international cooperation
- Economic crime is often transnational, making it difficult for the ED to cooperate with foreign law enforcement agencies.
- This is due to differences in legal systems, as well as political and economic considerations.
5.4. Political interference
- The ED has been accused of being used as a political tool by the ruling party to target its opponents and critics.
- This has raised questions about the independence and impartiality of the ED.
5.5. Lack of transparency
- The ED has been criticized for its lack of transparency.
- The agency does not publish its annual reports, and it is difficult to obtain information about its investigations.
- This has made it difficult for the public to hold the ED accountable.
5.6. Human rights violations
- The ED has been accused of violating the human rights of those it investigates.
- The agency has been accused of using coercive tactics, such as prolonged detention and interrogation, to extract confessions from suspects.
5.7. The limited resources
- The ED is a relatively small agency with limited resources.
- This can make it difficult for the ED to investigate complex economic crimes and prosecute the perpetrators.
6. Conclusion
- The Directorate of Enforcement in India plays a crucial role in enforcing economic laws, preventing money laundering, and combating financial crimes.
- With its specialized expertise, investigative capabilities, and coordination with domestic and international partners, the ED contributes to the integrity of the financial system, national security, and the country's overall socio-economic development.
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For Prelims: Directorate of Enforcement, Financial Action Task Force, Prevention of Money Laundering Act (PMLA), the Foreign Exchange Management Act (FEMA), Supreme Court, Foreign Exchange Regulation Act (FERA) of 1947, Central Bureau of Investigation,
For Mains:
1. Discuss the establishment and evolution of the Directorate of Enforcement in India. Explain its key functions and roles in combating economic offences. (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.
Answer: D
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
Answer: D
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC 2013)
A. 1991 B. 1997 C. 2000 D. 2007
Answer: C
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
Answer: D
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
Answer: A
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