11 Dec 2018: UPSC Exam Comprehensive News Analysis

A. GS1 Related

B. GS2 Related

Context

• The Supreme Court on Monday asked the Centre to respond on a plea that the appointment process of the CBI Director and the heads of the Central Vigilance Commission (CVC), Central Information Commission (CIC) and the Lokpal – the four regulators of governmental was flawed from the very start
• A Bench led by Chief Justice of India Ranjan Gogoi issued notice to the government on a petition filed by NGO Youth for Equality

Petition Highlights

• The CBI, CVC, CIC and the Lokpal had all been limited in their functioning and interfered with by virtue of overwhelming governmental control.
• The heads of these institutions were not truly independent and transparent.
• The committees meant to appoint the heads of these institutions function by pure majority, thereby rendering the balancing voice a minority.
• The Leader of the Opposition was a member of the appointing committee, the government took cover under the fact that where such individual was not explicitly recognised, he or she would merely be called upon as an ‘invitee’, thereby subverting the statutory intent.
• The petition sought the court to interpret the statutory provisions so that appointments were made by a unanimous vote and not a majority one.
• Wherever the appointing committee included the Leader of the Opposition, the same may be read to mean the leader of the single largest opposition party in that House.

The Central Bureau of Investigation (CBI)

• The CBI was established as the Special Police Establishment in 1941, to enquire into cases of corruption in the procurement during the Second World War.
• With time the Santhanam Committee on Prevention of Corruption recommends the establishment of CBI. The CBI was then established by a resolution of the Ministry of Home Affairs. The Ministry of Personnel eventually took over the responsibility of CBI and now it plays the role of an attached office.
• The CBI is the premier investigating agency of the Central Government. It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
• The important role of CBI is prevention of corruption and maintaining integrity in administration. It works under the overall supervision of Central Vigilance Commission in matters related to the Prevention of Corruption Act, 1988.
• The CVC act provides for a security of two year tenure in office for CBI Director. The CVC Act also provides the mechanism for the selection of the Director of CBI and other officers of the rank of SP and above in the CBI.
• Central government appoints The CBI director based on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance Commissioners, the Secretary to the Government of India in-charge of the Ministry of Home Affairs and the Secretary (Coordination and Public Grievances) in the Cabinet Secretariat.
• Section 4B(2) of the DSPE Act lays down guidelines for removal of CBI Director, which mandates that the CBI Director cannot be “transferred” without the previous consent of a high-power committee chaired by the Prime Minister.
• All the major crimes in the country having National and International ramifications will be investigated by CBI. It is also involved in collection of criminal intelligence pertaining to three of its main areas of operation, viz., Special Crimes, Economic Crimes and Anti-Corruption

Central Vigilance Commission (CVC)

• In 1964 CVC was established with the aim of addressing corrupt practices within the government.
• The Central Vigilance Commission (CVC) works in coordination with the government authorities for the betterment of the system.
• It must be noted that Central Vigilance Commission is not an investigating agency. It operates in coalition with the Departmental Chief Vigilance Officers or CBI. Investigating Civil Works of the government through the Chief Technical Officer is the only search that Central Vigilance Commission conducts.
• All the investigations into corruption cases against government officials has to be approved by the government. The Central Vigilance Commission also publishes list of corrupt officials and recommends punitive action against them.

Functions and powers of CVC

• To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility;
• To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act;
• To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
• To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.;
• To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organisations to which the executive power of the Union extends; and
• To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.
• To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.

Central Information Commission (CIC)

• CIC was established in 2005 by Central Government under provisions of Right to Information (RTI) Act (2005).
• The Chief Information Commissioner heads the Central Information Commission.
• The general superintendence, direction and management of affairs of Commission are vested in Chief Information Commissioner who is assisted by Information Commissioners.
• CIC hears appeals from information-seekers who have not been satisfied by the public authority, and also addresses major issues concerning the RTI Act.
• CIC submits annual report to Union government on the implementation of the provisions of RTI Act.
• The central government inturn places this report before each house of Parliament.
• The Chief Information Commissioner and Information Commissioners are appointed by the President on the recommendation of a committee consisting of – The Prime Minister, who shall be the Chairperson of the committee; the Leader of Opposition in the Lok Sabha; a Union Cabinet Minister to be nominated by the Prime Minister.

Functions and Powers of CIC

• It can order inquiry into any matter if there are reasonable grounds.
• It can secure compliance of its decisions from the public authority.
• It can recommend steps to be taken for promoting such conformity, if public authority does not conform to provisions of RTI Act.
• It receives and inquires into a complaint from
• It examines any record which is under control of the public authority and which may be withheld from it on any grounds during the enquiry. While inquiring, it has powers of civil court.

Lokpal and Lokayukta

• The ‘Lokpal’ is the central governing body that has jurisdiction over all members of parliament and central government employees in case of corruption. Whereas, the ‘Lokayukta’ is similar to the Lokpal, but functions on a state level. Scope of the ‘Lokpal’ is based on a national government level basis and the scope of the ‘Lokayukta’ relied on a state level.
• The main function is to address complaints of corruption, to make inquiries, investigations, and to conduct trials for the case on respective state and central government with having responsibility to help in curbing the corruption in the central and state government.

Context

• India on Monday welcomed the decision of a U.K. court to extradite wanted businessman Vijay Mallya.
• “We express our deep satisfaction at the judgment and note that justice has been delivered today. We thank the U.K. authorities for their help in this matter. We will continue to work with the U.K. Government for expeditious implementation of today’s court order and early extradition of Mr. Mallya to India,” External Affairs Ministry spokesperson said.

Background

Extradition

• In its simplest form, extradition is a process which involves one governmental authority formally turning over an alleged criminal to another governmental authority for prosecution for a criminal charge.
• Extradition is the surrender of a criminal to one country by another. It also helps in maintaining the territoriality of the penal code which says that a country should not apply its criminal law to a person who committed an offence outside its territories except when the crime is related the countries national interest. The process is regulated by treaties between the two countries.

The internationally accepted conditions for extradition

• There is a general consensus about few conditions of extradition. The crime should fulfill the criterion of dual criminality, i.e. it is a punishable offence in both countries. For instance, homosexuality might be a crime in country A while it is accepted in B. The country A can not request B to extradite a person who is charged with a homosexuality related offence.
• Persons charged for political reasons are generally not extradited. Some countries refuse to extradite if the kind of expected punishment is abolished or is not administered in their own territories. For instance, Australia, Canada, Macao, Mexico, and most of the European nations refuse to extradite a criminal if the person in question might get capital punishment after his extradition.

The extradition laws of India

• In India, the Extradition Act, 1962 regulates the surrender of a person to another country or the request for arrest of a person in a foreign land. The act specifies that any conduct of a person in India or in a foreign state that is mentioned in the list of extradition offence and is punishable with minimum one year of imprisonment qualifies for extradition request. The process has to be initiated by the central government.
• In the case of countries with which India does not have such a treaty, the central government can by notified order treat any convention to which India and the foreign country is a party as the extradition treaty providing for extradition with respect to the offences specified in that convention.
• If the extradition request has come from two or more countries then the government has the rights to decide which of them is the fittest for the request.

Context

• The Supreme Court on Monday decided to examine a plea challenging the legality of amendments brought in by Tamil Nadu and four other States, which allow authorities to bypass the need to take farmers’ consent before their land is acquired for large infrastructure projects.

Details of the Petition

• A Bench of Justices Madan B. Lokur and Deepak Gupta issued notice to the Tamil Nadu, Gujarat, Andhra Pradesh, Telangana and Jharkhand governments for amending their land acquisition laws to the extent that consent of farmers or land owners is not required before their land is acquired for projects like industrial corridors, expressways and highways.
• The petition filed by activist Medha Patkar, represented by advocate Prashant Bhushan, said the States allow land acquisition without participation of representative local bodies like gram sabha in social impact assessment studies, without expert appraisal processes, public hearings, objections, and safeguard provisions to ensure food security.
• The petition said the amendments violate the “core spirit” of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act of 2013. It mandates that 70% of the affected land owners should consent to the acquisition of land for a public private participation project. The 2013 Act replaced its colonial predecessor of 1894 and was intended to uphold the farmers’ right to dignity and life.
• The States have removed the consent clause of PPP, paving the way for many private projects that are running under the garb of PPP. Tax payers’ money is spent while acquiring land and creating infrastructure but private players take away the maximum share at the profit-making stage.

Key features of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act of 2013

• Public purpose: The Act shall apply when land is acquired for ‘public purpose’. This includes land acquisition for defence purposes, infrastructure development, housing for the poor, etc.
• Consent: Consent is not required for government projects. Private projects require the consent of at least 80% land owners. Public-private partnership projects require the consent of at least 70% land owners.
• Social Impact Assessment (SIA): Conducting an SIA is mandatory for all acquisition cases except irrigation projects where an Environmental Impact Assessment has already been done or those cases exempted under the urgency provision.
• Compensation: Compensation for land shall be two to four times the market value of land in rural areas and two times the market value of land in urban areas.
• Rehabilitation and Resettlement (R&R): R&R will be given to all affected families, including landowners, and families whose livelihood is primarily dependent on the acquired land. R&R must be provided in case land is purchased (not acquired) by a private company, when the area to be purchased is more than that specified by the state.
• The provisions of this act shall not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.
• One interesting feature is that, in case land is further sold without any development, 20% of such incremental profit in every case shall accrue to people from whom land was acquired.

Context

• The Assam government moved the Supreme Court on Monday for extending by a month the deadline to file claims and objections for inclusion in the National Register of Citizens (NRC).

Background

• A Bench of Chief Justice of India Ranjan Gogoi and Justice Rohinton Nariman on November 1 approved the Centre’s draft Standard Operating Procedure (SOP) for submission of claims. It kept December 15 as the last date for filing claims by those excluded from the draft published on July 30.

Main reasons

• The panchayat elections in the State and the exhaustive nature of the claims and objections form are the major reasons for seeking more time. It was not easy for semi-literate and illiterate persons to fill the forms.
• The Assam government said people across the panchayat areas of Brahmaputra and Barak valley were “taking active part in the democratic process”. This and the lack of proper knowledge of the SOP among the masses may be two reasons why the number of claims lodged so far had been minimal.
• It said the decision of the apex court to allow claimants to bank on five additional documents for inclusion in the final NRC has put an additional burden on the NRC authorities to make the inclusion process fool-proof, especially when an overwhelming majority of more than 93% of the 3.28 crore applicants have applied for inclusion on the basis of the 1951 NRC or voters’ list up to March 24, 1971.

National Register of Citizens

• It is a register containing the list of bona fide (genuine/real) Indian citizens. Those failing to enlist their names in the register would be deemed, illegal migrants.
• The first list was made in 1951, covering the whole of India, as per the census of that year.
• Currently, the list has been updated for the first time, and only in Assam
• Officially, the NRC process will address the issue of illegal migrants, specifically from Bangladesh.
• The National Register of Citizens was first published in 1951 to record citizens, their houses and holdings. Updating the NRC to root out foreigners was a demand during the Assam Agitation (1979-1985).
• There have been several waves of migration to Assam from Bangladesh, but the biggest was in March 1971 when the Pakistan army crackdown forced many to flee to India. The Assam Accord of 1985 that ended the six-year anti-foreigners’ agitation decided upon the midnight of March 24, 1971 as the cut-off date.

C. GS3 Related

D. GS4 Related

E. Editorials

Editorial Analysis:

• In a recent development, the Reserve Bank of India Governor Urjit Patel has cited personal reasons for resigning with immediate effect.

• However, experts point out that anyone who has followed the events of the last couple of months will know it was anything but that.

The events preceding the Governor’s resignation

• The last couple of months was a period during which the Centre and the RBI were engaged in an unseemly tussle over a clutch of issues that had a bearing on the RBI’s autonomy.
• The RBI’s autonomy was something that Mr. Patel had sought to preserve.
• His predecessor Raghuram Rajan had once pointed out that when a public servant resigns, it is a sign of protest.
• It is important to note that Mr. Patel’s decision clearly caught everyone by surprise as it came following perceptions of a thaw in relations between the Centre and the RBI, after an agreement was hammered out at a board meeting last month on some of the contentious issues, including a controversial proposal to use the central bank’s reserves for fiscal purposes.
• Experts point out that clearly, the larger issue that divided the Centre and the RBI — which related to autonomy and the independent functioning of the Governor — was never fully resolved.
• Mr. Patel’s resignation is being regarded by experts as a serious embarrassment to the NDA government, which has scrambled to make statements expressing surprise at his action and praising him for his work.

Concluding Remarks:

• • In conclusion, experts opine that Mr. Patel’s resignation is bound to raise questions about the Centre’s ability to work with independent-minded economists.
  • Further, his resignation comes following the departures of former RBI Governor Raghuram Rajan, who was at odds with the Centre on many issues, and the sudden resignations of Niti Aayog Vice-Chairman Arvind Panagariya and Chief Economic Adviser Arvind Subramanian.
  • Lastly, it is true that Mr. Patel’s reclusive and non-communicative style may not have endeared him to some bankers, but his eminence as an economist and his understanding of macro-economic issues is undisputed.
  • Further, Governments have sparred with the RBI before on the issue of autonomy, but experts opine that the NDA government went one step further by starting consultations under Section 7 of the RBI Act, which gives the Centre the power to direct the RBI to act in specific ways.
  • The immediate priority for now is that the Centre should fill the breach without wasting time.
  • Currently, global investors and the markets are already on edge, and they will be keenly watching, along with the ratings agencies, how the Centre handles this self-created crisis.
  • It is important to note that the incoming Governor is bound to be judged, among other things, by perceptions about his independence.

• Lastly, the RBI cannot be treated as if it is just another government department. And the Centre will now need to demonstrate that a post-Patel central bank will continue to enjoy operational autonomy. Anything less will not go down well with both investors and the markets.

Category: HEALTH

1. Anchored in human rights (Tuberculosis (TB)

Question 1. Recently Law Commission of India suggested government for regulating gambling in sports.
Which of the following statements is/are correct with respect to the Law Commission of India?

Question 2. With reference to Prevention of Corruption Act 1988, which of the following statements
is/are correct?

Question 3. Consider the following: