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DAILY CURRENT AFFAIRS, 06 APRIL 2026

DELIMITATION OF STATES

 

1. Context

The Centre is planning amendments to the Constitution and relevant laws to redraw the electoral map of the country, with the size of the Lok Sabha and State Assemblies to be increased by half, with a third of total seats reserved for women, ahead of the 2029 general election. Parliament’s Budget Session is reconvening on April 16 to debate these amendments.

2. What is the Delimitation of States?

  • Delimitation refers to the process of redrawing the boundaries of parliamentary and assembly constituencies within each state of India.
  • It is undertaken periodically to ensure that the representation of constituencies is fair and equitable based on the principles of population distribution.
  • Under Article 82 of the Constitution, Parliament enacts a Delimitation Act after every Census which establishes a delimitation commission.
  • The delimitation of constituencies in India is governed by the Delimitation Commission, which is a high-level body appointed by the President of India.
  • The Delimitation Commission consists of a Chief Election Commissioner or Election Commissioner nominated by the President, as well as the respective State Election Commissioners, if any.
  • Delimitation commissions have been set up four times in the past under the ‘Delimitation Commission Acts’ of 1952, 1962, 1972, and 2002.

3. The primary objectives of delimitation in the Indian Constitution are as follows:

  • To ensure equal representation: Delimitation aims to provide equal representation to each voter by readjusting the boundaries of constituencies based on population changes. The population figures used for delimitation are usually derived from the latest census data.
  • To remove discrepancies: Delimitation helps in rectifying any discrepancies in the size and composition of constituencies, thereby ensuring a more balanced and democratic electoral process.
  • To account for reserved seats: Delimitation also takes into consideration the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) as mandated by the Constitution. The commission determines the number and locations of reserved seats within each state.

4. Delimitation of Constituencies in India - A Crossroads in Electoral Democracy

  • In four years, India's electoral democracy faces a critical juncture as the delimitation of constituencies, based on the next decennial Census population figures, is scheduled for 2026.
  • With a significantly increased population, it is essential to ensure that the number of Members of Parliament (MPs) representing the Lok Sabha (currently 543) is adjusted accordingly.
  • A higher population per constituency diminishes the impact of each voter on parliamentary representation, which is an undesirable situation. The Indian Constitution recognizes this and provides for periodic Census-linked rearrangement of constituencies.
  • The principle is straightforward - more people should result in more MPs to maintain fair and tenable representation in Parliament.
  • However, in practice, a population-based delimitation of constituencies, as outlined in Article 82 of the Constitution, could give more MPs to states and union territories with population growth and fewer MPs to those that have controlled their population growth.
  • Realizing this potential anomaly, Prime Minister Indira Gandhi introduced a delimitation freeze through the 42nd Amendment of the Constitution in 1976. This freeze was later extended by Prime Minister Atal Bihari Vajpayee through the 84th Amendment.
  • The extension of the delimitation freeze is set to end in 2026, posing a crucial decision point for India's electoral democracy.
  • The upcoming delimitation exercise based on Census data aims to rectify the imbalances and ensure a more equitable distribution of MPs.
  • The delimitation process plays a vital role in upholding democratic principles and ensuring fair political representation for the growing population of India.

5. Issues with scheduled delimitation exercise in India

  • Political Implications: Delimitation has significant political implications as it can impact the distribution of power and representation among political parties. Changes in constituency boundaries can influence the electoral prospects of political candidates and parties, potentially leading to shifts in political dynamics.
  • Regional Disparities: Delimitation based on population figures may result in giving more Members of Parliament (MPs) to states and union territories that have experienced population growth while reducing the representation of those regions that have controlled their population growth. This could lead to imbalances and perceived unfairness in parliamentary representation.
  • Socio-political Factors: Delimitation exercises can be influenced by socio-political factors such as linguistic, cultural, or regional identities. These factors can sometimes lead to demands for the creation of new states or changes in constituency boundaries based on specific interests or aspirations, which can be contentious.
  • Data Accuracy and Manipulation: Accurate population data is crucial for a fair delimitation exercise. Challenges may arise if there are concerns about the accuracy of the population figures or if there are attempts to manipulate the data for political gain.
  • Implementation Challenges: The delimitation process itself can be complex and time-consuming. It requires extensive consultations, analysis, and decision-making to determine the new boundaries and ensure compliance with legal and constitutional requirements.

 6. The alternatives proposed for addressing the complexities of the delimitation process

  • One option is to implement another freeze, but this time, not for a specific period. The freeze would remain in effect until all states in India achieve population stabilization.
  • This would mean maintaining the current constituency boundaries until population growth becomes more balanced across all states.
  • The second alternative suggests seeking the expertise of demographic and statistical experts to develop a mathematical model similar to the "Cambridge Compromise" used for apportioning seats in the European Parliament.
  • This model would need to be customized to suit India's specific needs, taking into account the complexities of the Indian demographic situation.
For Prelims: Census, Article 82, Delimitation Commission, Chief Election Commissioner, Scheduled Castes (SCs), Scheduled Tribes (STs), Members of Parliament (MP), Lok sabha, and Rajya Sabha.
For Mains: 1. Analyze the major challenges and complexities associated with the delimitation of states in India. Discuss the potential political, social, and administrative implications of redrawing state boundaries. (250 words).
 
 
Previous year Questions
1. With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
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: C
 
2. According to the Delimitation Commission of India and subject to Article 333 of the Constitution of India, what is the maximum number of members that a State legislative Assembly may have? (UPSC CAPF 2020)
A. 450
B. 500
C. 550
D. 600
Answer: B
Source: The Hindu
 
 

NORTH ATLANTIC TREATY ORGANISATION (NATO)

 
 
1. Context
 
Last week, in an interview to the British newspaper, U.S. President Donald Trump said withdrawing U.S. membership from the North Atlantic Treaty Organization (NATO) is now “beyond reconsideration”. Through this, he indicated that one of America’s oldest alliances since World War 2 could be on the brink of a break-up.
 
2. Why was NATO established?
 
  • NATO, established on April 4, 1949, is a Western security alliance comprising 12 original members: Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
  • The alliance was formed by signing the Washington Treaty, deriving its authority from Article 51 of the United Nations Charter, which upholds the inherent right of independent states to individual or collective defense.
  • Central to NATO is the principle of "collective security," where an attack on any member nation is viewed as an attack on all, necessitating collective response.
  • This principle emerged from the Cold War context of the late 1940s, amid the rivalry between the USSR and the US over ideological and economic dominance.
  • Article 5 of the Washington Treaty, addressing collective security, was introduced to counter the perceived threat of Soviet expansionism beyond Eastern Europe. In response, the USSR formed the Warsaw Pact in 1955, uniting socialist countries as allies.
  • However, invoking Article 5 does not mandate uniform military action by all member states. The extent of intervention is determined by each country "as it deems necessary." To date, the only instance of Article 5 being activated was in response to the September 11, 2001 attacks on the US, leading to NATO's deployment in Afghanistan for nearly two decades

 

3. Who are NATO’s members today?

In addition to the initial 12 members, subsequent additions to NATO's membership include Greece and Turkey in 1952, West Germany in 1955 (later recognized as Germany), Spain in 1982, the Czech Republic, Hungary, and Poland in 1999, followed by Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia in 2004, Albania and Croatia in 2009, Montenegro in 2017, North Macedonia in 2020, Finland in 2023, and Sweden in 2024.

A surge of new members joined in 1999, a few years after the dissolution of the Soviet Union in 1991, prompting concerns about the alliance's potential obsolescence due to the absence of its original purpose

4.What challenges does NATO face today?

 

  • During the 2019 commemoration of NATO's 70th anniversary, notable tensions arose among member nations.
  • President Donald Trump of the United States emphasized the necessity for countries to increase their military expenditures.
  • This call stemmed from a 2014 agreement among NATO members to allocate a minimum of 2 percent of their Gross Domestic Product (GDP) to defense spending, a commitment made following Russia's annexation of Crimea.
  • However, only a handful of nations met this threshold, prompting criticism from President Trump who deemed it unfair, particularly to countries such as the US that were fulfilling their spending obligations. By 2023, among the 30 member countries at the time, only 11 exceeded the stipulated limit.
  • One significant catalyst for increased defense spending was the Russian invasion of Ukraine the preceding year. Even traditionally neutral countries in foreign policy, such as Finland and Sweden, found appeal in the concept of collective security in response to Russia's assertive actions.
  • Despite NATO's "open door" policy toward membership, the admission of new applicants requires unanimous approval from all member states. Turkey hesitated to support the applications of Sweden and Finland due to past criticisms from their politicians regarding Turkey's human rights record. Turkey also accused these nations of harboring "terrorists"
5. Way Forward
 
Although the Ukraine-Russia war seems to have given NATO a new focus area to converge at, funding the war has again become a source of disagreements among members, much to Ukraine’s displeasure. Just this year, Secretary-General Stoltenberg said a plan was being formulated so that 18 NATO would meet the 2 per cent limit by the end of 2024
 
Source: Indianexpress
 
 

BALLISTIC MISSILE

 
 
 
1. Context
India Friday inducted its third nuclear-powered ballistic missile submarine (SSBN), INS Aridaman, significantly strengthening its sea-based nuclear deterrent capabilities. The Indian Navy also commissioned the advanced stealth frigate INS Taragiri at a separate ceremony.
 
 
2.What is ballistic missile?
 
  • A ballistic missile is a guided missile that follows a specific trajectory, or flight path, influenced primarily by gravity. The term "ballistic" refers to the physics of motion under the influence of gravity, and ballistic missiles are designed to reach their target through a free-fall trajectory.
  • These missiles are powered during the initial phase of their flight, called the boost phase, where rocket engines or other propulsion systems propel them into space or a high altitude. After reaching the peak of their trajectory, the warhead or payload separates from the missile body and follows a ballistic trajectory back to Earth, guided by gravity. The descent phase is typically unpowered, relying on the missile's momentum gained during the boost phase
  • Ballistic missiles are often associated with military applications, including strategic nuclear missiles, but they can also be conventionally armed for various purposes such as precision strikes, deterrence, and other strategic objectives. The development and deployment of ballistic missiles have been significant factors in the field of arms control and international security

Ballistic missiles can be categorized based on their range and intended targets:

  • Short-Range Ballistic Missiles (SRBMs): Typically have a range of up to 1,000 kilometers.

  • Medium-Range Ballistic Missiles (MRBMs): Have a range between 1,000 and 3,000 kilometers.

  • Intermediate-Range Ballistic Missiles (IRBMs): Have a range between 3,000 and 5,500 kilometers.

  • Intercontinental Ballistic Missiles (ICBMs): Have a range greater than 5,500 kilometers, allowing them to cross continents.

 
 
3. What is the difference between a missile and a ballistic missile?
 
Missile Ballistic Missile
A missile is a generic term for a guided projectile that is designed to be launched and directed toward a specific target A ballistic missile is a specific subtype of missile that follows a particular trajectory, primarily influenced by gravity
Missiles can come in various types and may have different propulsion systems, guidance mechanisms, and intended purposes
Ballistic missiles are powered during the boost phase, where rocket engines or other propulsion systems propel them into space or a high altitude
Missiles can be categorized into different types, such as cruise missiles, surface-to-air missiles, air-to-air missiles, anti-ship missiles, and more
After reaching the peak of their trajectory, the warhead or payload separates from the missile body, and the payload follows a free-fall trajectory back to Earth, guided by gravity
Unlike ballistic missiles, which follow a specific trajectory influenced by gravity, the term "missile" does not inherently imply a specific flight path; it simply refers to a guided projectile
  • The descent phase of a ballistic missile is typically unpowered, relying on the missile's momentum gained during the boost phase.
  • Ballistic missiles are often associated with long-range and strategic capabilities, including nuclear and conventional warheads.
Examples: Tomahawk cruise missile, AIM-120 AMRAAM (air-to-air), etc.
Examples: Intercontinental Ballistic Missile (ICBM), Medium-Range Ballistic Missile (MRBM), etc.
 
 
4.Cruise Missiles and Ballistic Missiles-How Are They Different?
 
Cruise Missile Ballistic Missile
Low-altitude, level flight path within the Earth's atmosphere Specific trajectory influenced by gravity, with a boost and ballistic descent phase
Flies at low altitudes, just above the Earth's surface Reaches high altitudes during the boost phase, followed by a descending trajectory
Typically powered by jet engines or sustained propulsion systems Powered during the boost phase, unpowered descent phase relying on momentum
Uses onboard navigation systems, sensors, and GPS for precision Guided during the boost phase; may have additional guidance for accuracy during descent.
Operates at lower altitudes for shorter to medium ranges Can achieve high altitudes; designed for short, medium, intermediate, and long ranges
Often used for precision strikes against specific targets Various purposes, including strategic nuclear deterrence, precision strikes, and more
 
 
5. What is the history of missile technology in India?
 

India's history of missile technology development is marked by significant achievements and milestones. The country has made substantial progress in the field of missiles for both civilian and military purposes. Here is an overview of the key developments in India's missile technology:

  • 1960s - 1980s: Initial Developments:

    • India's missile program started in the 1960s with the establishment of the Indian Space Research Organisation (ISRO) and the Defense Research and Development Organisation (DRDO).
    • In the 1970s, India began developing short-range surface-to-surface missiles (SSMs), such as the Prithvi series.
  • 1983: Prithvi Missile Test:

    • India conducted its first successful test of the Prithvi missile, a short-range ballistic missile (SRBM), in 1983.
    • Prithvi was designed for battlefield use and later evolved into different variants with varying ranges.
  • 1989: Agni Missile Program Begins:

    • The Agni missile program was initiated in the late 1980s to develop intermediate-range ballistic missiles (IRBMs).
    • Agni-I, with a range of around 700 km, was the first missile developed under this program.
  • 1998: Pokhran-II Nuclear Tests:

    • India conducted a series of nuclear tests in May 1998 at Pokhran, including the testing of nuclear-capable missiles like Agni-II and Prithvi.
    • These tests marked India's declaration of its nuclear capabilities.
  • 2003: Agni-II and Agni-III Tests:

    • India successfully tested the Agni-II and Agni-III missiles with extended ranges.
    • Agni-II had a range of over 2,000 km, while Agni-III had a range exceeding 3,000 km.
  • 2008: Operationalization of Agni-I and Agni-II:

    • Agni-I and Agni-II were officially inducted into the Indian Armed Forces, enhancing India's strategic capabilities.
  • 2012: Agni-V Test:

    • India successfully tested the Agni-V, an intercontinental ballistic missile (ICBM) with a range of over 5,000 km.
    • Agni-V marked a significant milestone in India's missile capabilities, providing a credible deterrent.
  • 2019: ASAT Test - Mission Shakti:

    • India conducted an Anti-Satellite (ASAT) test, known as Mission Shakti, demonstrating its ability to destroy satellites in low Earth orbit.
 
6.What kind of missiles does India have?
 

India has developed and deployed a variety of missiles across different categories, including strategic missiles, tactical missiles, cruise missiles, and anti-ballistic missiles. Here are some of the key types of missiles in India's arsenal:

  • Agni Series:

    • Agni-I: A short-range ballistic missile (SRBM) with a range of around 700 km.
    • Agni-II: An intermediate-range ballistic missile (IRBM) with a range of over 2,000 km.
    • Agni-III: An intermediate-range ballistic missile with a range exceeding 3,000 km.
    • Agni-IV: An intermediate-range ballistic missile with an extended range compared to Agni-III.
    • Agni-V: An intercontinental ballistic missile (ICBM) with a range of over 5,000 km.
  • Prithvi Series:

    • Prithvi-I: A short-range ballistic missile (SRBM) with a range of around 150 km.
    • Prithvi-II: A tactical surface-to-surface missile with a range of around 350 km.
    • Prithvi-III: An intermediate-range ballistic missile with a range of over 300 km.
  • BrahMos Missile:

    • A supersonic cruise missile developed in collaboration with Russia, featuring both land-attack and anti-ship capabilities. It has a range of around 300 to 500 km.
  • Nirbhay Cruise Missile:

    • A subsonic cruise missile designed for long-range land-attack missions. It is an all-weather, low-flying missile with a range of around 1,000 km.
  • Akash Missile:

    • A medium-range surface-to-air missile (SAM) designed for air defense against aircraft and drones. It has a range of around 25 km.
  • Barak Missile:

    • A medium-range surface-to-air missile designed for defense against aircraft, helicopters, and anti-ship missiles.
  • Prahaar Missile:

    • A solid-fueled tactical ballistic missile designed for quick deployment with a range of around 150 km.
  • Dhanush Missile:

    • A naval variant of the Prithvi missile, designed for ship-based deployment with a range of around 350 km.
  • Nag Missile:

    • An anti-tank guided missile (ATGM) designed for use by infantry and helicopter platforms.
  • Sagarika Missile (K-15):

    • A submarine-launched ballistic missile (SLBM) with a range of around 750 km.
  • A-SAT Missile (Mission Shakti):

    • An anti-satellite missile system, showcasing India's capability to destroy satellites in low Earth orbit.
7.What about hypersonic technology?
 
 

Hypersonic technology involves vehicles and systems that can travel at speeds significantly faster than the speed of sound, typically exceeding Mach 5 (five times the speed of sound) or approximately 6,174 kilometers per hour (3,836 miles per hour). These hypersonic speeds present unique challenges and advantages in terms of military applications, space exploration, and transportation. As of my last knowledge update in January 2022, India has also been actively working on developing hypersonic technology. Here are some key points related to India's efforts in hypersonic technology:

  • Hypersonic Technology Demonstrator Vehicle (HSTDV):

    • India has been working on the Hypersonic Technology Demonstrator Vehicle (HSTDV), a project aimed at developing and testing indigenous hypersonic technology.
    • HSTDV is designed to operate at hypersonic speeds and serve as a testbed for various technologies associated with hypersonic flight.
  • Successful Test Flights:

    • India conducted successful test flights of the HSTDV. In September 2020, the Defence Research and Development Organisation (DRDO) announced that the HSTDV had completed its first successful flight.
    • During the test, the HSTDV demonstrated sustained flight at hypersonic speeds for a certain duration.
  • Applications:

    • Hypersonic technology has potential applications in both military and civilian domains. In the military context, hypersonic missiles and vehicles can provide advantages in terms of rapid response, increased maneuverability, and the ability to penetrate advanced defense systems.
    • Civilian applications may include high-speed transportation and space exploration, leveraging the capability to reach orbit or travel between distant locations in a fraction of the time compared to conventional methods.
  • International Context:

    • Hypersonic technology has gained global attention, with several countries investing in research and development to harness its strategic and technological advantages.
    • The United States, Russia, China, and other technologically advanced nations are also actively pursuing hypersonic capabilities
 
8.Way Forward
 
The acquisition of MIRV technology by India was keenly awaited after China developed it in the last decade. With Pakistan also claiming to have tested a missile with this technology, integrating this in Agni missiles had become an imperative. The next generation Agni-6 missile, currently under development, is also expected to be equipped with MIRV
 
 
For Prelims: Current events of national and international importance.
For Mains: General Studies III: Achievements of Indians in science & technology; indigenization of technology and developing new technology
 
Previous Year Questions
 
1.Consider the following statements :(UPSC CSE 2023)
 
1. Ballistic missiles are jet-propelled at subsonic speeds throughout their flights, while cruise missiles are rocket-powered only in the initial phase of flight.
2. Agni-V is a medium-range supersonic cruise missile, while BrahMos is a solid-fuelled intercontinental ballistic missile.
Which of the statements given above is/are correct?
A.1 only
B.2 only
C.Both 1 and 2
D.Neither 1 nor 2
Answer (D)
Source: Indianexpress
 
 
 

INSOLVENCY AND BANKRUPTCY CODE (IBC)

 
 

1. Context

The Parliament on Wednesday passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2026. The IBC was enacted in 2016 to create a time-bound mechanism to deal with companies that default on their loans — by reviving them through resolution or liquidating them if resolution is not possible.

2. About Insolvency and Bankruptcy Code (IBC)

2.1.Insolvency: Insolvency is a situation where individuals or companies cannot repay their debt.

2.2.Bankruptcy: It is a situation whereby a court of competent jurisdiction has declared a person or other entity insolvent, having passed appropriate orders to resolve it and protect the rights of the creditors.

IBC was introduced in 2016 to consolidate previously available laws to create a time-bound mechanism with a creditor-in-control model as opposed to the debtor-in-possession system. When insolvency is triggered under the IBC, there can be just two outcomes: Resolution or Liquidation, with the former being the preferred solution.

Companies have to complete the entire insolvency exercise within 180 days under IBC and the deadline may be extended if the creditors do not raise objections to the extension.

3. CHALLENGES FOR THE IBC:

  • Insolvency Bankruptcy Board of India is the regulator of the Insolvency and Bankruptcy Code in India. According to its regulator, IBBI the first objective of the IBC is a resolution-finding way to save a business through restructuring, change in ownership, mergers, etc.
  • The second objective is to maximize the value of assets of the corporate debtor; the third objective is to promote entrepreneurship, availability of credit, and balancing of interests.
  • According to Insolvency Bankruptcy Board of India data for the 3400 cases admitted under the IBC in the last six years, more than 50% of the cases ended in liquidation, and only 14% could find a proper resolution.
  • The IBC was thus initially given a 180-day deadline to complete the resolution process, with a permitted 90-day extension. It was later amended to make the total timeline for completion 330 days which is almost a year.
  • However, in the financial year 2022, it took 772 days to resolve cases involving companies that owed more than 1000 crores. The average number of days it took to resolve such cases increased rapidly over the past five years.

4. IBC 2016 Advantages

Strict timelines:

  1. Normal cases: 180 days
  2. Complex cases: 180 days +90 days
  3. Legal proceedings: 330 days
  4. In the case of tardy legal proceedings, it can go beyond 330 days.
  5. It promotes entrepreneurship, the release of capital that can be invested in other productive assets.
  6. It focuses more on resolution rather than liquidation.
  7. In only 15% of cases, the resolution is done, and the rest is liquidation.

5. Expert’s opinion on IBC:

  • In order to address the delays, the parliamentary standing committee suggested that the time taken to admit the insolvency application and transfer control of the company to a resolution process, should not be more than 30 days after filing.
  • The IBBI has also called for a new yardstick to measure haircuts. It suggested that haircuts cannot be looked at as the difference between the creditors’ claims and the actual almost realized but as the difference between what the companies bring along when it enters IBC and the value realized.

6. INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) BILL, 2021

  • The insolvency and bankruptcy code (Amendment) Bill, 2021 was introduced in the Lok-Sabha to amend the insolvency law and provide for a pre-packaged resolution process for stressed Micro, Small, and Medium Enterprises.
  • Under this mechanism, main stakeholders such as creditors and shareholders come together to identify a prospective buyer and negotiate instead of a public bidding process.
  • The insolvency and bankruptcy are applicable to defaults which is more than Rs.1crore. There has been a recent change in IBC, which is called the Pre-Pack mechanism for MSMEs.

6.1 Pre-Pack Mechanism:

  • If an MSME takes a loan and the default is less than 1 crore, then this Pre-Pack mechanism will be applicable.
  • Under this mechanism, the owner of the MSMEs will propose or submit a resolution plan to NCLT (National Company Law Tribunal). Outside bidders and open bidding will not be done.
  • During this resolution, the management of MSMEs will remain with the previous owners. Under this mechanism, the process will be completed within 120 days.

7. Conclusion

The Insolvency and Bankruptcy Code has reformed the Indian Insolvency Law to a great extent. The government needs to provide appropriate budgetary allocations to up skilling insolvency professionals and digitization of insolvency resolution process.

There has been a marked improvement in the recovery process which is already leading to billions of dollars being invested in the country due to the protection of creditor rights.

Prelims question:

1. According to the IBC, which of the following is not a financial service
A.Underwriting issuance of financial support
B.Accepting of deposits
C.Operating an investment scheme
D.Payment of wages to the Employees

Mains questions:

  1. What is Insolvency Bankruptcy Code and what are its challenges?
  2. Critically analyze the progress made in resolving stressed assets since the enactment of IBC?
  3. Do you think the insolvency and bankruptcy code has reformed the Indian insolvency law? Justify your answer.
 
 
Previous Year Questions
 
1.Which of the following statements best describes the term ‘Scheme for Sustainable Structuring of Stressed Assets (S4A)’, recently seen in the news? (2017)

(a) It is a procedure for considering ecological costs of developmental schemes formulated by the Government.  

(b) It is a scheme of RBI for reworking the financial structure of big corporate entities facing genuine difficulties.  

(c) It is a disinvestment plan of the Government regarding Central Public Sector Undertakings.  

(d) It is an important provision in ‘The Insolvency and Bankruptcy Code’ recently implemented by the Government.

Answer (b)

Source: The Hindu

 
 

ELECTION COMMISSION OF INDIA (ECI)

 
 
1. Context
 
 Underlining that the independence of the Election Commission of India is central to the conduct of elections and the political process, Supreme Court judge Justice B V Nagarathna said Saturday “if those who conduct elections are dependent on those who contest them, the neutrality of the process cannot be assured”. 
 
2. Election Commission of India (ECI)
 
  • The Election Commission of India (ECI) is a permanent and independent constitutional body tasked with ensuring the conduct of free and fair elections across the Union and States of India.
  • The ECI has the authority to supervise, direct, and manage elections to the Parliament, state legislatures, and the offices of the President and Vice President of India. However, since the ECI does not manage elections for state-level urban bodies such as municipalities and panchayats, a separate State Election Commission exists for this purpose.
  • Notably, based on Dr. B. R. Ambedkar's guidance at the Constituent Assembly, a committee tasked with addressing Fundamental Rights suggested that the independence of elections and the protection from executive interference in legislative elections should be considered a fundamental right and included in the chapter on Fundamental Rights.
  • While the idea was generally accepted, some members proposed that it be placed in a different section of the Constitution. Consequently, the Drafting Committee, following the House's decision, moved this provision from the Fundamental Rights chapter to another part of the Constitution
 
3. Constitution and Election Commission of India
 

The Constitution includes a series of articles (Articles 324–329) that grant powers to the Election Commission and outline its possible roles and responsibilities.

  • Article 324: Grants the authority for overseeing, directing, and controlling the preparation of electoral rolls and the conduct of all elections to Parliament, state legislatures, and the offices of the President and Vice-President.

  • Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, sex, or any of these factors.

  • Article 326: Establishes adult suffrage as the foundation for elections to the House of the People and State Legislative Assemblies.

  • Article 327: Allows Parliament to pass laws, in accordance with the Constitution, regarding all matters related to elections to Parliament and State Legislative Assemblies.

  • Article 328: Empowers state legislatures to enact laws concerning all matters related to elections to the state's legislative bodies.

  • Article 329: Prevents courts from interfering in electoral matters

4. ECI Responsibilities and Functions
 

The responsibilities and functions of the Election Commission of India (ECI) can be categorized into advisory, quasi-judicial, and administrative roles.

  • Advisory: The Constitution grants the ECI the authority to advise on the post-election disqualification of sitting members of Parliament and State Legislatures. The ECI is also consulted in cases where individuals are found guilty of corrupt practices during elections, as brought before the Supreme Court and High Courts, to decide if they should be disqualified from contesting future elections and for how long. In such matters, the President or, where applicable, the Governor, is required to follow the ECI's advice.
  • Quasi-Judicial: The ECI has the power to disqualify a candidate who fails to submit their election expense accounts within the legally required timeframe and format. It also has the authority to remove or reduce other legal disqualifications. Additionally, the ECI resolves disputes related to the recognition of political parties and the allocation of election symbols. The commission sets a model code of conduct and ensures compliance by all candidates and political parties during elections.
  • Administrative: The ECI's administrative duties include delimiting electoral constituencies and managing the registration of eligible voters, as well as regularly updating electoral rolls. The commission is responsible for announcing election schedules and dates, reviewing nomination documents, recognizing political parties, and assigning them election symbols. The ECI can also nullify voting in cases of violence, booth capturing, tampering, or other irregularities. It oversees the financial expenditure of political parties on candidates' campaigns impartially.

The ECI also designates specific roles to register political parties for elections and grants them the status of national or state parties based on their performance in the polls. These roles include the person in charge of elections, the District Election Officer, and the Election Registration and Returning Officer

 

5. Composition of Election Commission of India

  • Since its inception in 1950, the Chief Electoral Commissioner (CEC) was the sole member of the Election Commission of India (ECI). However, after the voting age was lowered from 21 to 18 in 1989, a large influx of new voters was added. To manage this increased workload, two additional commissioners were appointed, expanding the ECI to include three commissioners.
  • In January 1990, some changes were made to the structure of the ECI, but it was soon reverted to its original form. Following discussions and debates in the political sphere, the President ultimately reconstituted the commission in 1993, adding two more commissioners, establishing the current structure of the ECI.
  • The Chief Election Commissioner and the other election commissioners are appointed by the President, who also determines their terms of office and service conditions. All commissioners, including the CEC, receive the same salary, benefits, and powers as judges of the Supreme Court.
  • If there is a disagreement among the three members, decisions are made by a majority vote. Commissioners serve a term of up to six years or until they reach the age of 65, whichever comes first. They hold a status equivalent to that of Supreme Court justices in India.
  • The Chief Election Commissioner can only be removed from office through the same process used to remove a Supreme Court judge. This involves the President dismissing the CEC based on a resolution supported by a special majority in both Houses of Parliament, on grounds of proven misconduct or incapacity.
  • In conclusion, as outlined by the Constitution, the ECI is responsible for supervising, directing, and conducting elections for the offices of President, Vice President, state legislatures, and Parliament.
  • For elections to state-level urban bodies like municipalities and panchayats, a separate State Election Commission exists. The ECI plays a crucial role in upholding the democratic process by ensuring free and fair elections for key political positions in the country
 
For Prelims: Election Commission of India, Chief Election Commissioner, Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, State Election Commission, Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs).
For Mains: 1. Discuss the powers and functions of the Election Commission of India. How does the Election Commission ensure the conduct of free and fair elections in the Country? (250 words).
 

Previous year Question

1. Consider the following statements: (UPSC 2017)
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 only
C. 2 and 3 only
D. 3 only
Answer: D
 
2. Consider the following statements : (UPSC 2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. 1 and 3
D. 2 and 3
Answer: B
Source: Indianexpress
 
 

LANDSLIDES

1. Context

Widespread flooding, landslides and lightning strikes triggered by heavy rain and storms across Afghanistan have left 77 people dead and 137 injured over the past 10 days, the country’s Disaster Management Authority said Saturday.
 
2.What is a Landslide?
 
A landslide is a geological phenomenon involving the movement of a mass of rock, earth, or debris down a slope. Landslides can occur due to various factors, including natural processes and human activities
The downslope movement of soil, rock, and organic materials under the influence of gravity
Types:
  • Rockfalls
  • Debris flows
  • Mudflows
  • Slumps
  • Earthflows
 
3. Landslides in India
  • The recent cases of land subsidence in Joshimath, Uttarakhand, captured the spotlight.
  • On June 29, 2022, at least 79 people were killed in a landslide in the Noney district of Manipur.
  • The risk analysis in the report was based on the density of human and livestock populations, which indicates the impacts on people due to these landslides.
  • The disaster in Kedaranath in 2013 and the landslides caused by the devastating Sikkim earthquake in 2011 are also included in this atlas.
Between 1988 and 2022, the maximum number of landslides 12, 385 recorded in Mizoram.
Uttarakhand followed it at 11, 219, Tripura at 8, 070, Arunachal Pradesh at 7, 689, and Jammu and Kashmir at 7,280. Kerala saw 6,039, Manipur 5,494 and Maharashtra recorded 5, 112 incidents of landslides.
 
  • Globally, landslides rank third in terms of deaths among natural disasters.
  • However, deforestation due to unplanned urbanisation and human greed increases the risk of such incidents.
  • In 2006, about 4 million people were affected by landslides, including a large number of Indians.
  • India is among the four major countries where the risk of landslides is the highest; it added. If we look at the figures, about 0.42 million square kilometres in the country are prone to landslides, which is 12.6 per cent of the total land area of the country.
  • However, the figure does not include snow-covered areas. Around 0.18 million sq km of landslide-prone areas in the country are in North East Himalayas, including Darjeeling and Sikkim Himalayas.
  • Of the rest, 0.14 million sq km falls in North West Himalaya (Uttarakhand, Himachal Pradesh and Jammu and Kashmir); 90, 000 sq km in the Western Ghats and Konkan hills (Tamil Nadu, Kerala, Karnataka, Goa and Maharashtra) and 10, 000 sq km in Eastern Ghats of Aruku in Andhra Pradesh.

4. Reasons for landslides

  • Sudden heavy rains due to climate change are also increasing landslides. Around 73 per cent of landslides in the Himalayan region are attributed to heavy rains and reduced water-absorbing capacity of the soil.
  • Global climate change is causing heavy rainfall that erodes steep slopes with loose soil found in a 2020 study by the Indian Institute of Technology in Delhi.
  • Therefore, the increasing number of landslides can no longer be termed as just natural disasters, as human actions have also played a major role in it.
5. Data On Landslides
  • Uttakarkhand, Kerala, Jammu and Kashmir, Mizoram, Tripura, Nagaland and Arunachal Pradesh reported the highest number of landslides during 1998 – 2022
  • Mizoram topped the list, recording 12,385 landslide events in the past 25 years, of which 8,926 were recorded in 2017 alone
  • Likewise, 2,071 events of the total 2,132 landslides reported in Nagaland during this period occurred during the 2017 monsoon season
  • Manipur, too, showed a similar trend, wherein 4,559 out of 5,494 landslide events were experienced during the rainy season of 2017, Of the total 690, Tamil Nadu suffered 603 landslide events in 2018 alone
  • Among all these states, an alarming situation is emerging from Uttarakhand and Kerala
  • While Uttarakhand’s fragility was recently exposed during the land subsidence events reported from Joshimath since January, this Himalayan state has experienced the second highest number (11,219) of landslides since 1998, all events since occurring post 2000
  • The year-wise number of landslide events in the state is: 2003 (32), 2010 (307), 2012 (473), 2013 (6,610), 2017 (1), 2021 (329) and 2022 (1)
  • The number of districts with the maximum landslide exposure are in Arunachal Pradesh (16), Kerala (14), Uttarakhand and Jammu and Kashmir (13 each), Himachal Pradesh, Assam and Maharashtra (11 each), Mizoram (8) and Nagaland (7)
  • Kerala has been consistently reporting massive landslides since it suffered the century’s worst floods in 2018
  • The year-wise landslide events here are 2018 (5,191), 2019 (756), 2020 (9) and 2021 (29).
  • From the events and images obtained, the NRSC ranked Rudraprayag in Uttarakhand at the top of 147 vulnerable districts
  • It has the highest landslide density in the country, along with having the highest exposure to total population and number of houses

For Prelims & Mains

For Prelims: Landslides, climate change, ISRO, Disaster management, National Remote Sensing Centre, Landslide Atlas of India

Previous year questions

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

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

Select the correct answer using the code given below.

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

 Answer: (B)

For Mains:

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

Source: The Down to Earth


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