Oct 20, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 20th October, 2015

Archives IASbaba's Monthly Magazine - September, 2015 <- Click Here     IASbaba’s Daily Current Affairs – 20th October, 2015   NATIONAL   TOPIC:  General Studies 2 Separation of powers between various organs dispute redressal mechanisms and institutions.  Structure, organization and functioning of the Executive and the Judiciary Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.  NJAC verdict : An analysis   [PART 2] Why did the Supreme Court call NJAC unconstitutional? Article 124A(1) :  There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely the Union Minister in charge of Law and Justice––Member, ex officio; Because of the inclusion of the Union Minister in charge of Law and Justice as an ex officio Member of the NJAC, “independence of the judiciary”, as well as, “separation of powers” , which forms the basic structure of the constitution will be affected. two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People. In Paragraph 182, of the judgement, NJAC was struck down as unconstitutional, as the inclusion of two eminent persons on the NJAC for having not laid down “qualifications of eligibility” and “having left the same vague and undefined”. A setback to parliament sovereignty: The NJAC was completely supported by Rajya Sabha and Lok Sabha. It had 100 per cent support of the people. It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments. Does appointment of judges by judges forms the basic structure of “independence of judiciary”? The independence of the judiciary shall be guaranteed by the State or the law of the country in the following matters Freedom of expression and association. Qualifications, selection and training Conditions of service and tenure. Professional secrecy and immunity. Discipline, suspension and removal. Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Any method of judicial selection shall safeguard against judicial appointments for improper motives. In the selection of judges, there shall be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status, except that a requirement, that a candidate for judicial office must be a national of the country concerned, shall not be considered discriminatory. The above is the United Nations Human Rights recommendations on Basic Principles on the Independence of the Judiciary.   What next for the government on NJAC ? It can re-enact a fresh amendment to the Constitution and Bill, taking into account the concerns of the Supreme Court, but this is a long and cumbersome process as two-thirds majority is required in both Houses, and the ratification of 50 per cent of the State Assemblies. It can seek review of the verdict, but it will come up before the same Bench. It can once again plead that the entire case be heard before a larger Bench, but this plea has already been rejected. It can participate in the further hearing before the court, on strengthening the present collegium system and insist on the executive also having an equal say in judicial appointments. There is also another option available to the government. The Court has held that independence of the judiciary and the primacy of the judiciary in the appointments process — but not the collegium system — form part of the basic structure.  Thus the possibility of establishing another Commission is still on the table, so long as it complies with the principles set out in the judgment. In fact, there are nuggets of information in the Court’s judgment describing what a constitutionally valid Commission would look like. For instance, the leading majority opinion explains that civil society can be legitimately included in the appointments process through a non-binding consultation procedure. Connecting the dots: Critically examine the reasons behind declaring NJAC unconstitutional by the Supreme Court. What do you understand by independence of judiciary is a basic structure? Substantiate. Critically examine the loop holes in current collegium system of appointing judges to higher judiciary in India. What changes would you recommend in order to plug the loop holes? TOPIC:  General Studies 2 Government policies and interventions for development in various sectors and issues arising out of their design and implementation.  Welfare schemes for vulnerable sections of the population Governance Issues        Kerosene Subsidy: No longer needed In India, the subsidy was established during World War II, as a distribution scheme during fuel shortages. Post war, the subsidy continued with the intention of stabilizing prices and providing poor households with sufficient fuel for cooking and lighting, leading to its present abuse. 2011 Census states clearly that Kerosene no longer remains a fuel for cooking rather it’s widely used for lighting. More than 40% of Kerosene is being diverted into the black market for transportation fuel. Need of the Hour: Corruption in the sector of kerosene heavily deprives needy families off the commodity, exerting a major burden on these families to resort to less-clean cooking fuels such as firewood, charcoal, and sawdust. This scarcity may result into civil unrest, if proper care is not taken. Kerosene dealership is highly sought after due to the potential of collecting huge rents through fuel diversion. This leads to misappropriation of funds affecting larger population and in the longer run; it is bound to hurt the ability of pricing signals to balance the supply and demand for the energy sources. This will lead to an occurrence of the scenario of ‘less incentive’ for the reduction of energy consumption or for renewable energy sources to compete with the non-renewable sources. Even when used as a transportation fuel, it causes engine damage as well as giving rise to air pollution because of inefficient combustion of the same. Past Moves: In 2005, Global positioning systems were fitted to kerosene distributor trucks to prevent diversion of fuel but this program was closed in 2008 In 2006, two steps were taken: Marking of subsidized kerosene was done with a dye to prevent diversion of fuel and was at the same time closed in 2008 “Rangarajan” report recommended liberalization of petroleum product prices but was not implemented In 2007, “Smart cards” were considered to control access to the subsidizedkerosene but the program was not adopted In 2008, Chaturvedi Committee recommended changes in fuel tariff and taxation regimes and in 2010, Parikh Committeerecommended market-oriented pricing, but no steps were taken for their implementation. Strategies to attempt Reforms: Global positioning systems Involvement of local government helped achieve success rate higher than the cost of the program. Here, dedicated tankers were fitted with Global Positioning Systems that supplied kerosene to wholesalers to keep track of their movements. This initiative was named “Jan Kerosene Pariyojana” (PKJ), which was discontinued but can be given a serious thought today. Coupon System: At the beginning of the month, each beneficiary would be given coupons to buy an allocated quantity of kerosene and the dealer should sell kerosene to only those with coupons. The next month, the dealer would be supplied kerosene based on the coupons he had collected from the beneficiaries. Thus, this will lead to accountability on the part of dealer and responsibility on the part of the government. It can be used to allow the distribution of PDS kerosene by non-government retailers. Thus, better targeting and maximization of purchase amount would take place. Smart Cards In the report Integrated Energy Policy by GOI in 2005, it was recommended that a smart card should be put in place as a high-tech alternative to the low-tech coupon system. Such a system would assist in better monitoring of the distribution of PDS kerosene and was expected to be fool proof and tamper-proof. Increasing Electrification Rural households use kerosene primarily for lighting; only one per cent uses it for cooking. With increases in electrification, the rural use of kerosene for lighting has fallen and if a provision of one solar lantern per household is made, the cost would reduce dramatically in the long run. Biometric Identification & JAM Trinity: In rural areas, subsidised rationing of food and kerosene would be better targeted with biometric authentication of beneficiaries. JAM Trinity also holds a wider scope of dissemination of knowledge, faster payment, less leakages but its success will largely be subjected to the successful authentication of the beneficiaries. Faster digitization of online allocation and supply chain systems should be taken up on urgent basis as this would enable the deposit of subsidy directly into the bank account IASbaba’s Views: The subsidy when offered, should do well only when the subsidy is in the form of monetary benefits rather than through a reduction in the price of a good. This leads to further widening fiscal deficit which ultimately puts tremendous pressure on the government finances, derailing the domestic economy from the path of ‘sustainability’. International obligations can also be cited to bring about an atmosphere of urgency, for quick mindful reforms to be executed. A strict monitoring system to identify the black market and a strict law against accumulation of black money should also be put in place to effectively cub the menace. Connecting the Dots: Lessons from India’s experience are salient to future attempts to reform the kerosene subsidy. Critically examine the statement and identify the lessons talked about here. The scrapping of the supply of subsidized kerosene via Public Distribution system is long overdue. Do you support the statement? Substantiate. MUST READ:  Mission for NITI Aayog Live Mint   The New Education Policy: Still stuck in the old school Hindu Developed world's climate change targets less than fair: Report Business Standard G77+China grouping wins the day at Bonn Business Standard Why is India dragging its feet on civilian use of drones? Other countries have forged ahead to great advantage Business Line Migration helps, but not too much Business Line For detailed Analysis on ‘Aadhar & privacy Issue’  REFER ‘IASbaba’s Monthly Magazine- August & September 2015’

Oct 19, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 19th October, 2015

Archives IASbaba's Monthly Magazine - September, 2015 <- Click Here     IASbaba’s Daily Current Affairs – 19th October, 2015   TOPIC:  General Studies 3 Various Security forces and agencies and their mandate.   Crisis of Credibility: CBI caught on the wrong foot History: Saddled with issues of corruption in the department of war as well as eventually, the spread of the same to various other departments, the British government passed ‘Delhi Special Police Establishment Act’, which was again amended in 1946 to keep a check on the corruption issues involving all the employees of the Central Government. The powers involved; registering an FIR under the relevant sections of the IPC and later, Prevention of Corruption Act (1988) wherein it was registered only after Preliminary Enquiry established that prima facie an offence of corruption had been committed. In 1963, on the recommendations of Santhanam Committee and through a resolution passed by the Government of India, the agency acquired the name ‘Central Bureau of Investigation’ and came into formal existence. CBI’s charter involved investigating cases of bribery (against central government employees), fiscal crimes (Hawala Transactions), Trans-border & interstate offences, anti-terrorism cases, collection of criminal intelligence, maintenance of crime statistics and coordinating implementation of criminal laws. Courtesy (image) -http://static.dnaindia.com/sites/default/files/1942200.jpg   Justice Verma and VineetNarain Case, 1997 (Jain Havala Transaction): The directions passed by Justice Verma are following: The CVC be given a statutory status and be entrusted with responsibility to supervise the work of the CBI ensuring its efficiency and impartiality; Its head be selected by a team of the prime minister, home minister and leader of the opposition in Parliament from a panel of eminent people and the CBI director be appointed for a minimum tenure of two years by a committee headed by the CVC including the union home secretary and the secretary, personnel; A report on the activities of the CBI be submitted in three months; A nodal agency be set up for dealing with the emerging political-criminal-bureaucratic nexus; A directorate of prosecution be set up   Bureaucratic-political manipulations witnessed: The CVC’s powers of superintendence over the CBI, called for by the apex court, was diluted to maintain “dual control” by government and the CVC No steps were taken to follow the apex court’s directions to ensure efficiency and impartiality on the part of the CBI; The Supreme Court recommendation that a document on the CBI’s functioning be submitted in three months was ignored; Its direction to set up a nodal agency to deal with politico-bureaucratic-criminal nexus was ignored and its direction to set up an independent directorate of prosecution was ignored.   Plaguing Issues: “The CBI has become the state’s parrot. Only screaming, repeating the master’s voice” ~Justice R.M. Lodha Political cross-fire: There exists no political insularity and this leads to succumbing to political pressures, from time to time. Even the control over CBI keeps shifting from one Ministry to another, leading to a void filled with instability. Much politicization and interference leads to suffocation, lending an able personnel working with full integrity and fearlessly, toothless. Autonomy: Freedom to investigate crime and yet being answerable to a bipartisan committee of the Parliament will call for a full functional autonomy balanced with accountability. In addition to this arrangement, a neutral mechanism to look after the overall functioning and operational issues is necessary, till an independent Lokpal is put to function. Cooperation of other agencies is required for successful and high-profile trans-national investigations. Funds are sanctioned by the Personnel ministry and thus, the Ministry exercises a direct control over CBI’s Financial Autonomy, which needs to be curbed and put to certain rules and restrictions on the part of government’s interference. Poor Leadership & Personnel: Poor Leadership leads to a major roadblock for lack of professionalism. The Director should carefully tread the path of political manipulations and his responsibilities, stand up to the pressure and makes sure to keep himself and his team insulated by always being prepared with the written instructions passed and proof of the actions initiated from his end. There needs to be put in place a proper file system tracking every detail, orders and periodical progress reports. This will help in shielding the agency from unwanted allegations and maintain high transparency, at the same time. Justice Verma’s recommendations ought to be put in place and a judicious mix consisting of a permanent CBI cadre, expertise from outside, opposition’s and judiciary suggestion needs to be considered for men with integrity to get recruited. Also, a collegium comprising the prime minister, the Chief Justice of India and the Leader of the Opposition can be constituted for the same. There is a need to put up a cadre of supervisory officers quashing the uncertain system of inductions through deputation from the State Police Forces and Central Police Organisations.   IASbaba’s Views: Reviews of the historical experiences with respect to the efforts employed in fighting political and administrative corruption through CBI and CVC points out towards a lackadaisical process. The thin line between superintendence and interference in its investigation work is not vague but very much prevalent and calls for urgent reforms in the present scenario. One needs to consider the views of the Select Committee’s directives like: CBI officers investigating cases referred by the Lokpal will be transferred with the approval of the Lokpal; and For cases referred by the Lokpal, the CBI may appoint a panel of advocates (other than government advocates) with the consent of the Lokpal. Also, a new CBI Act must substitute the archaic Delhi Special Police Establishment Act and the role, jurisdiction and legal powers of the agency need to be clearly laid down for the effective functioning of its delegated powers. Relevance of RTI should be established over the functioning of CBI to maintain public trust in its workings. Sensitive matters and selective cases can be kept inaccessible and confidentiality of involvement of whistle-blower and their statements need to be kept under close guarding.   Connecting the Dots: Enumerate the structural problems of CBI and suggest the institutional reforms needed to facilitate CBI into becoming an empowered and a responsible agency. ‘Accountability and autonomy go hand in hand’. Discuss   TOPIC:  General Studies 2 Separation of powers between various organs dispute redressal mechanisms and institutions.  Structure, organization and functioning of the Executive and the Judiciary Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.    NJAC verdict : An analysis  [PART I] The Supreme Court rejected the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment which sought to give politicians and civil society a final say in the appointment of judges to the highest courts.   Background: Article 124(2) : Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years: Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted:   Evolution of Collegium system: The collegium system has its genesis in a series of three judgments that is now clubbed together as the “Three Judges Cases”. The S P Gupta case (1981) is called the “First Judges Case”. It declared that the “primacy” of the CJI’s recommendation to the President can be refused for “cogent reasons”. This brought a paradigm shift in favour of the executive having primacy over the judiciary in judicial appointments for the next 12 years. In 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association vs Union of India case — the “Second Judges Case”.This was what ushered in the collegium system. The majority verdict written by Justice J S Verma said “justiciability” and “primacy” required that the CJI be given the “primal” role in such appointments. It overturned the S P Gupta judgment, saying “the role of the CJI is primal in nature because this being a topic within the judicial family, the executive cannot have an equal say in the matter.  Again in 1998, in the “Third judges Case “ 1993 judgement was reiterated giving way for the collegium system.   Collegium system : The collegium system of appointment of judges is popularly referred to as judges-selecting-judges. It is a body of senior apex court judges headed by the Chief Justice of India to select persons and recommended their names for appointment as judges. It also recommends names for appointment and transfer of judges of high courts and the Supreme Court.    Need for NJAC : To prove why the NJAC was necessary and why the collegium system should be disposed with, here are a few examples: In a country where there is a backlog of 3.2 crore cases in the judiciary, one judge of the Supreme Court wrote only seven judgements in four years. Out of that two were concurring where he wrote only a few paragraphs. A High Court judge was elevated to the Supreme Court allegedly only because he was the business partner of the son of a former Chief Justice of India. The sister of a former CJI was appointed to Calcutta High Court when allegedly many fine judges were denied the appointment. Many judges were appointed to the Supreme Court by the Collegium despite the Intelligence Bureau (IB) giving an adverse report on them.   A brief outlook into NJAC : A new article, Article 124A, (which provides for the composition of the NJAC) had been inserted into the Constitution. Composition As per the amended provisions of the constitution, the Commission would have consisted of the following six persons: Chief Justice of India (Chairperson, ex officio). Two other senior judges of the Supreme Court next to the Chief Justice of India - ex officio. The Union Minister of Law and Justice, ex-officio. Two eminent persons.   The two eminent persons would have been nominated by a committee consisting of the Chief Justice of India, Prime Minister of India, and Leader of Opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman.   Functions of the Commission: Recommending persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts. Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court. Ensuring that the persons recommended are of ability, merit and other criteria mentioned in the regulations related to the act.   Connecting the dots: Critically examine the need for judicial reforms in India. Compare and contrast collegiums system with NJAC provisions.   Please note that tomorrow we will come up with Part 2 on NJAC Act, which would incorporate- NJAC critical evaluation Analysis of supreme court judgement   MUST READ:   Moral or Cultural policing Hindu   New chapter with Nepal Hindu You can refer ‘IASbaba’s Monthly Magazine- August 2015’ for more analysis on Nepal Crisis   Africa-India Summit  Hindu For detailed Analysis on India-Africa Summit refer the below link- http://iasbaba.com/2015/10/iasbabas-daily-current-affairs-14th-october-2015/   Technology-challenged regulators: SEBI Business Standard    Equality, freedom the key issues in continuing Uniform Civil Code debate Indian Express For detailed Analysis on Uniform Civil Code  refer the below link- http://iasbaba.com/2015/10/iasbabas-daily-current-affairs-13th-october-2015/  

Oct 18, 2015 Motivational Articles

Creative Guidance – Learning Strategies : Language Patterns – Inspirational &amp; Educative Articles

  Learning Strategies – Language Patterns How important is the language you use; the language that you use to talk to yourself and others. There is one whole new science behind understanding how the language we use affects our behavior and actions. It’s called NLP or Neuro Linguistic Programming. NLP is taught in over 150 countries. In a span of just over 40 years, it has emerged as the single most important method of effecting change in human behavior. Let us pick a few important ideas from this fascinating new field of psychology and see if we can apply it to our life. The way to understand how our neurology is affected by the language we use, and how it shapes our life is at the central crux of all NLP strategies. The words we use, the way we use them, the intonation and stress patterns of these words and the meaning we give to them eventually shape our reality. The language through which we shape our understanding and thinking can be put into two main categories; specific and vague language. Every single conversation we have with ourselves and others can be grouped into these two categories. By paying close attention to how we are talking to ourselves we can not only understand how these two language patterns are functioning, but also we can change and reshape them to achieve our desired results. Let us take an example; ‘I ate breakfast at 8:00 AM yesterday morning’ is an example of specific language. ‘I am going to work harder’ is an example of vague language. In our day to day living we use vague and specific language in different scenarios. Knowing how this kind of language pattern is shaping our reality is very important. For example, the whole field of astrology is simply based on using vague language. Not to say that the field of astrology is false; but how often have we heard an astrologer speak this way; ‘Tomorrow at 6:25 Pm, you will hit your right leg to the left wall of your newly built house!). ‘You will succeed soon’, ‘You will make new friends’, ‘There are great possibilities for your future’, ‘If only you can focus, you will go places’. All these are examples of vague language, they contain no specifics whatsoever. Just try this exercise; for one whole day, listen carefully to everything people around you are talking about. Just mentally categorize the statements you hear into vague and specific language. This simple exercise will give you a marvelous insight into what is happening around you. Using vague and specific language in appropriate contexts can become a very effective learning strategy. With the understanding of this difference you can restructure your learning methodologies. Once you are able to identify the difference, you can alter the way you talk to yourself to bring about the desired changes within you. The more specific and rich your conversation is in details, the more possibilities there are of it becoming a reality. So instead of talking to yourself vaguely like ‘I am going to work really hard for the next three months’ express your action in specific terms like ‘I am going to wake up at 5:00 instead of 8:00; I am going to take a break after 2 hours of studies instead of 1; I am going to keep my cell phone switched off for 6 hours every day (there is no way I am going to do that!) and so on. We will explore this topic further in future articles……. Read more such articles– Click Here Copyright Disclaimer “No part of the articles in this section, in part or in full shall be reproduced without the written consent of the author. The articles are a copyright of The Ahamo Movement and IASBABA.”

Oct 17, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 17th October, 2015

Archives IASbaba's Monthly Magazine - September, 2015 <- Click Here     IASbaba’s Daily Current Affairs – 17th October, 2015   NATIONAL   TOPIC:  General Studies 1 Social empowerment, communalism, regionalism & SECULARISM   Growing religious fundamentalism in India Recent incidents of Dadri lynching, black paint on Sudhindra Kulkarni by Shiv Sena activists, have yet again reminded us of growing religious fundamentalism in India. The Indian subcontinent has had a chequered history of communal conflicts and inter-religious disagreement have characterised its socio-political landscape. In pre-partition era, the British policy of 'divide and rule' was in large measure considered to be responsible for interfaith divide. After independence, the government took various measures in order to curb religious fundamentalism, however the orthodox Hindu politicians have often advanced their Hindutva agenda in order to gain electoral victory.   Understanding the concept of Hindutva: V D Savarkar, an Indian independence activist coined the term Hindutva in 1923. Hindutva is the predominant form of Hindu nationalism in India. The three essentials of Hindutvaas defined by V D Savarkar are, common nation (rashtra), common race (jati) and common culture/civilisation (sanskriti). Hindutva misinterpretated : Hindutva is only Manavata, i.e., the characterisation of quality of Hindu in being a perfect human being. A man cannot exist without the quality of humanity. Similarly, an Hindu cannot exist without Hindutva. However this meaning has been misinterpreted as, creating an Hindu nation by eliminating different religious practices other than Hinduism. This flawed interpretation has been misused by some right wing extremists for narrow parochial political gain, destroying the secular fabric of the country.   Threats from Islamic fundamentalism India is also facing threats of Islamic fundamentalism which include threats from ISIS, Indian Mujahideen etc. The Islamic fundamentalism has almost halted the progress of Jammu Kashmir and is impeding the development process of country by destroying peace and harmony. What we lack? What we lack in India is constructive talks on religion. People in India resist any talks when it comes to religious interpretations and sayings. Religion in India is considered to be sacred. People are ready to face the bad consequences of faulty religious interpretations but are not ready to have a discussion to come out with the right interpretation. Iasbaba’s view : Growing religious fundamentalism is a serious threat which can destroy the progress which India has achieved till date. Government should take proactive steps through strengthening of national integration council, creating economic and emotional bondage among the citizens in order to ensure that unity in diversity is maintained. Connecting the dots: “Religion should not be the basis for division of state”, Critically examine the above statement wrt growing religious fundamentalism in India. Critically examine the adequacy of various measures taken by the government in order to tackle religious fundamentalism in India.   TOPIC: General Studies 3: Role of media and social networking sites in internal security challenges General Studies 2: Important aspects of governance, transparency and accountability.   Ombudsman in the time of social media: Networked Society or Networked Individualism?   Social structure and relationships are changing and technology has been on the forefront as a driver of this change. The networked individualism’s focus is more on the ‘self’ than the society as a whole, having lost its monolithic character. Far from being embedded in groups, this ‘system’ is a type of special isolation from the society’s longstanding social arrangements and hierarchies. This system for multiple users also incorporate ‘multi-threaded multi-tasking’ leading to gaining new skills to operate, survive and gain the best out of it. And with this ideology, technology has also brought into the forefront, two different components of media, the historical ‘legacy media’ and the offshoot of networked individualism’- Social Media (Constant updates, rants, bickering and ‘the touch effect’)   Paradox of “E”: Errors and Efforts With a constant ‘touch networking’, news spread very easily and that too, at a very fast pace. If one may believe easily on just the ‘hashtags’ or an easy access to condemn a wrong without providing a ‘room for corrections’, it’d be a major blow to the notion and idea of a ‘responsible media’. An earnest effort to accept mistakes and seek corrections to the same and also, mutual understanding between the two components of media is the need of the hour to initiate dialogue and establish the essence of   Ombudsman: ‘To err is human’, fits well with a lens that one should adopt to objectively view the current situation and recognize the importance of collective responsibility. Contrary to that, a constant nit-picking and constant nagging, leads to a situation of hostility and vengeance. An Ombudsman is a part of the institutional mechanism to address the lapses and errors that creep in while taking care of the various reasons, even that of a ‘momentary lapse of concentration’. This will pave way for a culture of acceptance and thus rectification, and not punishment. This rectification puts in place a sense of morality as well as a support and trust with the reporters, the readers, and a sense of a personal sense of responsibility to own up his/her own mistakes, if committed later. With confidence instilled, a healthy and a profitable rapport is, thus built with the reader. Verification of facts should take place from impeccable sources as well as, they should be ready to answer even discomforting queries, without being defensive of the ‘pointed-out errors’ as questions are being asked to not only protect them but also give necessary traction for their journalism   IASbaba’s Views: Literature of Media needs to showcase a fair interpretation of what exactly is ‘editorial freedom’ and how is it constituted. The principle of objective reporting cannot be deviated from and an Ombudsman can help establish this sense of faith, for the readers to form their own opinion based on the reports. Social Media has gained much importance today but the constant ‘twitter squabbles’ and ‘opinionated-arguments’ need to be taken care of as it spreads a sense of negativity over the internet, the second home of many. Also, it needs to adopt a toned-down approach and not bring the house down with digitally inclined allegations and should lend a hand to support the ones who falter. Lobbying and unfair practice of a putting the nexus of reporters and politicians into play while writing the newspaper report should be curbed as it has the power to sway the public’s opinion and thus, their sense of responsibility gets nullified and commercialized. Connecting the Dots: Write short notes on: Media: Problem-generating machine Partisan Media ‘We have to, as responsible citizens, seek out those facts that might make us angry’. Discuss     MUST READ:   It’s time to be a good neighbour Hindu   Declassifying official documents Hindu   A Nobel for the idea of well-being- Angus Deaton (in Economic Sciences) Hindu   Absolute judicial autonomy developed for a reason, and it should remain in place Indian Express – 1 Indian Express – 2 Business Standard Hindu   For detailed Analysis on Judicial Autonomy and National Judicial Appointments Commission Act (NJAC) refer ‘IASbaba’s Monthly Magazine- June-July 2015’ Digital India complementary to RTI Live Mint   Sex ratio falls to 898 girls per 1,000 boys Hindu

Oct 16, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 16th October, 2015

Archives IASbaba's Monthly Magazine - September, 2015 <- Click Here IASbaba’s Daily Current Affairs – 16th October, 2015   ECONOMICS   TOPIC:  General Studies 3 Issues relating to intellectual property rights (IPR) Legally Knotted ‘Innovations’ A tremendous growth has been exhibited by the Indian IT Industry; right from the inception of large number of start-up’s as well as growth and advancement of the existing software companies. Today, they are not just focussed on offering their services but have gone ahead to a different paradigm, getting involved in the discovery and development of new innovative software products for the market. This innovation thus, exhibits a streak of a ‘protective policy’ from the innovator’s end to safeguard their products and exercise monopoly over the same. These patents thus, block any development of the features by software developers for a period of 20 years which, by many means can lead to disruption of seamless flow in the work due to incompatibility experienced. Countries like USA, Australia and Singapore favour patent protection for software innovation but India and European nations have formulated laws related to the same, in a much stringent manner. In India :: The Amended Patent Act in 2005 and the Patents Manual, 2011 effectively deny software patents. Also, the software innovations that fall under Section 3(k) are non-patentable. Section 3(k): It states that a patent cannot be granted for “a mathematical or business method or a computer programme per se or algorithms”. The inclusion of ‘per se’ was for a combination satisfying criteria’s like innovation, industrial applicability, etc. and that which can be patented, provided it exists either in the combination as a whole or outside of the software. Patents (Amendment) Act of 2005: A patent should not be denied if a claim directed primarily at Software, establishing industrial applicability of the invention Novel software, with known hardware that goes beyond the normal interaction with that hardware and that affects a change in functionality of the hardware Also, Parliament had rejected: Amendments that could have an effect of further narrowing the exception created by the section, thereby increasing the scope of patenting software Proposals to permit software to be patented when industrial or technical application was demonstrated or when in a combination with hardware ‘Innovative’ hurdles: Monopoly: Little choice + No incentive to work on the complaints as the market is capture, damaging society’s development ‘Costly’ Affair impeding Innovation: Diversion of funds from productive R&D towards litigation and discovery/licenses Restriction on Technological Progress& Legal Risks: More number of false claims, thereby diverting energy of innovators towards defending and not producing/discovering which, in turn, affects their creativity. Low Inclusion of Indians: World Intellectual Property Organisation statistics states that only about 22 per cent of all patents granted by the Indian Patent Office were granted to Indian residents thus, questioning the strategic as well as economic sense behind the protection that excludes Indians from benefiting from it. IASbaba’s Views: Clearly, the risk towards innovation is visible in its ‘darkest shade’. With programs like ‘Make in India’ and ‘Skilling India’, where India is looking forward to creating an atmosphere of multi-fold innovations, the innovative small business stands to lose out much more and get severely hurt, if India does not change its stance. This will undoubtedly strengthen the market position of the Multinationals and exclude Indians from being able to access knowledge that is vital for their growth, stunting the success of the schemes by the Government, away from the path of development.   Background: Intellectual property (IP) It is a term used to refer to creations of the intellect for which a monopoly is assigned to designated owners by law. Some common types of intellectual property rights (IPR) are copyright, patents, industrial design rights and trademarks. It also covers music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Intellectual property rights are themselves a form of property, called intangible property. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members.It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date. Process + Product patents (allfields of technology) Term: 20 years Limited compulsory licensing as well as scope for its usage by Government   Types Legislations in India Patents Indian Patents Law, 1970Amended Thrice: 1999 + 2002 + 2005 Designs The Designs Act , 1911 now enacted as The Designs Act, 2000 Copyright Amended: 1983 + 1984 + 1992 + 1994 + 1999;Copyright Rules 1958 Trade Mark The Trade and Merchandise Marks Act, 1958; Enacted again in 1999 Geographical Indications The Geographical Indications of Goods (Registration and Protection) Act 1999. Layout Design of Integrated Circuits The Semiconductor Integrated Circuit Design Act 2000   Connecting the Dots: What is TRIPS plus agreement? Do you think Indian Patent Law is regressive? Write a short note on: Ever-greening India: Pharmacy of the Poor Novartis case and India’s stand   NATIONAL   TOPIC:  General Studies 2 Issues relating to development and management of Social Sector or Services relating to Health, Education, Human Resources.   ‘The perils of e-fixation’: Students, Computers and Learning India, has had a long tradition of well-established educational system that spans across from the era of Upanishad or earlier. But the present predominant thrust of the modern educational system is projected as one of ‘technocratic-meritocratic’ learning. OECD’s Observations: Countries which have invested heavily in information and communication technologies (ICT) for education have seen no noticeable improvement in their performances in PISA results for reading, mathematics or science. Ensuring that every child reaches a baseline level of proficiency in reading and mathematics will do more to create equal opportunities in a digital world than solely expanding or subsidising access to high-tech devices and services Students who use computers moderately at school tend to have somewhat better learning outcomes than students who use computers rarely. But students who use computers very frequently at school do much worse, even after accounting for social background and student demographics. Technology is the only way to dramatically expand access to knowledge. To deliver on the promises technology holds, countries need to invest more effectively and ensure that teachers are at the forefront of designing and implementing this change Striking similarities with ASER Survey, 2014: The survey exhibits the failure of the student’s performance to go up despite improvement in facilities provided by the rural schools of India. For example, in 2009, 60.2% of children in Class VIII could read simple sentences in English but in 2014, this figure was 46.8%. Need for Technological Revolution: To widen access at all levels To raise the quality of the outcomes To keep costs low, maximizing the value of their investment of public funds   The Learning Conundrum: Paper & Pencils There exists an intimate connection between the physical hand on the paper and the words on the page but computers help them in easily editing the work, exhibiting improvements in their writing making it highly qualitative. Information Highway Expectation of easy access to information and instantaneous answers has become the modern day concept of research and is considered acceptable, at large. This leads to a tendency towards skimming and not in-depth understanding and analysis. With an off shoot of concentration problem and disorganized memory, this multi-tasking generation hurts itself by deteriorating intellect.   Designing Technology for a Democratized Learning 1. A big NO to replication of Traditional learning & digitizing traditional Methods: Technology should be used to create new learning avenues and new methods of learning. The ‘simple digitization’ encompasses within itself its own set of failures and thus, can never enable a better learning environment for the learners.   Bridging the Linguistic Divide: Drawing up an ICT plan for Indian Languages, to include platforms and databases for dissemination of resources for higher education and digitising the languages E-basta in India: Selection of books can be made and kept at one place (eBasta) with full access to various materials by school (Interactive + Dynamic Content) which can be downloaded and kept at one place for usage. Therefore, accessibility, portability, availability and ‘no’ burden on the shoulder gets ensured. ‘Magic’ of Failure: Getting the wrong answer isn’t a failure; just a step ahead to go deeper into the required understanding The present generation is exposed to a whole new level of innovation and discoveries, every single minute. A ‘sense of touch’ exists, employing newer levels of creativity with the things they see, they feel and they want to feel. This type of learning is known as ‘Learning how to learn’ through trial and error and persistence. No ‘one’ is ‘All’: Gravest mistake committed If children may not learn the way we teach, we must teach them the way they learn Every child comes from a different background, their gene strains are the perfect proof to that. They grow up in a different background with different circumstances and different interest’s altogether. Therefore, treating all learners the same, hosting the same schedule of studies for all, not allowing learning to vary per student and then going ahead and building upon on what they didn’t/couldn’t learn at all is pushing the ‘learning spree’ of a child in grave danger. Blended Learning- “Learning Positioning System” Learning the learner as the learner learns This initiative provides students to architect their own learning process and master them. Every child has unique learning needs and when a technology-based application is connected with the learning process, this engine collects behavioural information and the different (individual) process of learning. Thus, engagement according to their own learning needs is ensured without stigmatizing the student. How should we be using technology in schools? It is not the technology itself that is important, it is how effectively and efficiently it is used that creates a marked difference Exchange: swapping traditional ways of doing things with ICT Enrich: engaging learners with a richer mix of media Enhance: encouraging deeper learning through the use of ICT Extend: encouraging students to take their learning further Empower: giving students control over their own learning   2. Perfect combination of 2 “T’s”: Teacher & Technology Capitalize: There is a need to capitalize on the enthusiasm shared between the teachers and students about technology. More flexibility in the way one learns can be infused and personalization would take place. Proper guidance as per needs can then take place. After all, learning is not about content, it is about creation. Training: Policy makers should formulate policies for a better relationship that should be established between teachers and technology. Specialized and regular trainings about the ICT methods and efficient usage can boost up their confidence and can enable the educator to bring in a surge of changes in the education level of her students, also with respect to making the most of the opportunities presented by technology. This will help them go from being a “sage on the stage to a guide on the side”. IASbaba’s Views: Fine-tuning and reflecting upon the lost opportunities should be the first step taken towards shaping the road ahead for education. It would make more sense to adopt a balanced viewpoint and identifying the key issue here, rather than letting the argument oscillate between technology’s potential and its drawbacks. Purchase and supply of technology should be complemented with proper handling and guidance which can only be achieved by empowering the teachers and training them to become in-sync with the methods and development.   MUST READ: An entire generation owes its respite from killer diseases to the physiological researchers awarded the Nobel this year Reference   Mainstreaming a nuclear Pakistan Reference   Breaking the bonds of rural poverty Reference   In tale of drugs, guns: Reason why end of war might not mean peace for Myanmar Reference   The brain gain versus brain drain binary misses the far more important issue of India’s brain trap where young minds are stifled by archaic educational and social systems Reference   Government trying to increase domestic opium production Reference

Oct 15, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 15th October, 2015

Archives IASbaba's Monthly Magazine - September, 2015 <- Click Here IASbaba’s Daily Current Affairs – 15th October, 2015   NATIONAL   TOPIC:  General Studies 2 Constitution, Polity – Fundamental Rights (FR) Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, Governance   Unfinished Business of Partition: Article 370 The relationship between Jammu and Kashmir and the rest of India rests on the weight-bearing capacity of Article 370. Article 370 was formulated keeping in mind the sensitivity of the issue but has gained the image of being the biggest impediment to the integration of J&K State with the rest of India. (Part XXI- "Temporary, Transitional and Special provisions" of Indian Constitution) Article 1 of the Constitution of J&K though states that the state is and will be a part of India, the essence of this article hasn’t been realized yet. The plan had always been to abrogate it in a gradual manner but it has stood the test of time, and rather too bluntly. More power has been assigned, that which has got absolutely no backing to attack the sovereignty of the State.   Historical Misgivings: When we go back to the history of its birth, we realize that the reasons given by Sheikh Abdullah for providing special status to J&K were: Occupation of 1/3rd of the state by Pakistan, Reference to the UN by Lord Mountbatten Provision of Plebiscite Unfolding Provisions of Sheikh Abdullah: Any changes could be brought about only by the concurrence of J&K assembly Sheikh Abdullah abolished hereditary monarchy and re-designated himself as the Sadar-e-Riyasat, the office of which could be elected by the Assembly.   Red Line Drawn: Allowed to have its own Constitution Central government can make laws only with the concurrence of the State government except for Defence, Foreign Affairs, Communications and ancillary matters (A power like that of a Veto exists) National and Financial emergency if declared in India, cannot be applied in J&K President’s Rule cannot be enforced without the consent of the Governor A Constitutional Amendment becomes applicable to J&K only after the President issues an order for the same (Reason for Controversy) Dual Citizenship for the citizens of J&K Non-applicable nature of Anti-Defection Law No outsider can own property in J&K The State can refuse building of any cantonment as well as allocation of land for defence purposes Troubled Valley: The saying, ‘Enemy of an enemy is a friend’ has been sustained in the minds of the people who consider Indian Government as an entity, injecting troubles for them in the valley. India needs to consciously tread on its path towards peace and open its communication links with the local people. Politically motivated confusion should be dealt with to save a crisis in the making. Cultural heritage needs to be showered with protection and should be embraced with humility. The ‘tourism’ potential should be complemented with better infrastructure along with peace and stability in the region. There is a pressing need to formalize the Status Quo, accept the LoC as the de facto and de jure border between India and Pakistan and mutual withdrawal of troops (minimum required to stay) should take place. IASbaba’s Views: Article 370 stands greatly abused and remain a major bottleneck for the complete realisation of sovereignty for the nation. This moral wrong has to be addressed without the element of victimization, on the part of the citizens of J&K, to take place. The ‘green’ aspect of more devolution of capital for the development of the State should be applauded (positive benefit of Art. 370) and be adopted for the safe end to Article 370 as well as for transforming India into a true federation. For a smooth transition of a ‘special state’ to a normal and an integrated one, a proper dispute resolution (peaceful & sustained dialogue process) with Pakistan is a must. Urgent steps have to be taken to stop the escalation of tensions and loss of civilian lives over the ongoing tussle.   Connecting the Dots: ‘To fight to the last ditch for (Kashmir) is the slogan of all Pakistanis; not to give way on it is rapidly becoming the fixed idea of India’. Trace the historical shade behind the given statement and write briefly about the current situation in the valley. Does there exist a possible solution for the Kashmir trouble? Substantiate Comment on the ‘alienating’ element existing pre-dominantly in Article 370 against India.   TOPIC:  General Studies 2 Constitution, Polity – Fundamental Rights (FR) Governance   Growing intolerance towards difference of opinion in India The recent incident of murder of Kannada scholar M M Kalburgi has sparked row over the growing intolerance in India towards difference of opinion. Over the last 2 years, this has been the third case, the first two being Govind Pansare and Narendra Dabholkar. What is the issue? M. Kalburgi , veteran Kannada writer and former Vice-Chancellor of Kannada University, Hampi, who was known for his strong stand against superstitious practices and right-wing groups, was shot dead at his house Dharwad, Karnataka on August 30,2015. Following this the government of Karnataka handed over the case to CID, to probe the investigation. Even after 45 days the incident has taken place, the government is yet to identify the people involved and getting them punished by law. Following the delay, various Sahitya Academy scholars have started to return their awards, fellowships and various positions within the academy. Constitutional rights involved: The following are the constitutional rights available for a person in support of difference of opinion Article 19(1)(a) - Freedom of speech and expression. Article 25- Freedom of conscience and free profession, practice and propagation of religion. However the above fundamental rights are not absolute, the following provisions restrict the above fundamental rights. Article 19(2) –reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Article 25(1)- Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.   Non support from Sahitya Academy: The Sahitya Academy, an organisation dedicated to the promotion of literature in the languages of India, has been quiet over the issue. Off late the effectiveness of the organisation has been under scanner from various civil society groups.   Criticisms against Sahitya Academy: The academy is not independent and is been largely politicised. There have been widespread allegations of corruption and controversial appointments to some prominent positions within the academy. It has also been alleged time and again that the procedure of nomination of litterateurs for the coveted Sahitya Academy Awards is not transparent. Iasbaba’s view: India is a plural country with various cultural practices and customs. Tolerance towards difference of opinions is very important in order to maintain the secular fabric of the country and lead it towards development. The government should take necessary steps in this regard to wipe out elements, who are intolerant towards such differences. Connecting the dots: In the wake of growing intolerance towards difference of opinion in India, what are the various constitutional safeguards provided for such individuals with difference of opinion. Critically evaluate the effectiveness of Sahitya Academy as an organisation in promotion of literature in various languages of India.     MUST READ: Fresh challenges in the northeast Reference   As Britain, the U.S. and Russia debate the revamping of their nuclear deterrence systems,India needs open and democratic discussion on its arsenal and capability Reference   Mission Indradhanush is a successful intervention in scaling up immunisation for full coverage Reference   Absolute privacy is a futile notion, says A-G Reference   44 labour laws to be amalgamated into 4 codes Reference   India now most attractive investment destination Reference   TIT-BITS:: Kundhavi Kadiresan has been appointed as the Assistant Director-General of the UN’s Food and Agriculture Organization (FAO) and Regional Representative for Asia and the Pacific. She replaces Hiroyuki Konuma who retired from FAO earlier this year. Jamaican writer Marlon James has been named the winner of the Man Booker Prize for 2015 for his novel A Brief History of Seven Killings. It is the first Booker Prize to be won by a Jamaican, and the first for its independent publisher One world Publications. Set in Jamaica, the 686-page book is a fictionalised history on the attempted murder of the reggae singer Bob Marley in 1976.

Oct 14, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 14th October, 2015

Archives IASbaba’s Daily Current Affairs – 14th October, 2015   NATIONAL   TOPIC:  General Studies 2 Constitution, Polity – Fundamental Rights (FR) Governance   Sedition : An unconstitutional tool Recently, the Gujarat government booked a Patel leader under sedition for sending messages containing “offensive language against the Prime Minister, the State Chief Minister and BJP National President. These cases are indicative of a high level of intolerance being displayed by governments towards the basic freedom enjoyed by citizens. Democracy has no meaning without these freedoms and sedition as interpreted and applied by the police is a negation of it.   Sedition : Statutory framework Section 124A of the IPC defines sedition and says: Whoever by words either spoken or written or by signs or by visible representation or otherwise brings or attempts to bring into hatred or contempt, the government established by law; or Whoever by the above means excites or attempts to excite disaffection towards the government established by law, has committed the offence of sedition.   What the section tries to achieve? There should be no attempt by any individual or sections, to excite hatred or contempt or disaffection. In other words, even if the impugned speech or article or cartoon seeks to obtain the alteration of the wrong governmental decisions, if they excite hatred, contempt or disaffection towards the government, the author of the speech and others are liable to be charged with sedition and punished.   What is Supreme Courts view on sedition? The Constitution bench of the Supreme Court explained the amplitude of sedition in 1962 in the case of Kedarnath Vs. State of Bihar ( 1962 ). The court adopted the view that, a person can be charged with sedition only if there is “incitement to violence” in his speech or writing or an “intention to create disorder”.   Infringement of rights under Article 19 : Article 19(1)(a) guarantees freedom of speech and expression to all the citizens. However, Article 19(2) talks about “reasonable restrictions” on freedom of speech and expression, in interests of “public order”. Article 19(2) has been used by the governments to suppress constructive criticisms by the public, on faulty and wrong governmental decisions.   Way Forward: Sedition defined under Section 124A of the IPC is a colonial law meant to suppress the voice of Indian people. However the irony is the law enforcement agencies have always used it against artists, public men, intellectuals for criticising the governments. The Supreme Court, being the protector of the fundamental rights of the citizens may step in now and declare Section 124A unconstitutional. India of the 21st century does not require a law used by the colonial government to suppress India’s voice.   Connecting the dots: Colonial mentality is hindering India’s development. Critically examine. Discuss section 124A of the IPC, with reference to its alleged violation of article 19 of the Indian constitution. Critically evaluate the statement “Freedom of speech and expression is not absolute in India”.     INTERNATIONAL TOPIC:  General Studies 2 Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.   Diverse Yet United: Together Towards Tomorrow- India-Africa Forum Summit India geologically was a part of the fused “Super-Continent” ‘Gondwanaland’ and  broke away from the landmass due to ‘continental drift’, joining South-Asia. Sharing this deep engagement and historical essence, this summit began in 2008and is an acknowledgement of the shared values and beliefs of the both India and Africa, to give a right direction and a thrust to the bilateral synergies anchored in the principles of equality, and mutual respect towards each other. The ‘Banjul Formula’ has been done away with, leveraging a tangible political and economic engagement comprising of one-third of the world population, infusing a new scope of partnership.   Connected Renaissance: Economic: Soft loans, Grants in Dollars, Institution building, Training fellowship and Extended Duty Free Tariff Preference (DFTP) scheme to Least Developed Countries point towards India’s efforts in the newly-designed development paradigm that exists. The efforts complement India’s stand on sustainable development as well as the fact that 36 countries of Africa are expected to grow by 4 percent, pointing towards an ambitious partnership in the making. Private investments by India include investments in Energy, ICT, Automobile manufacturing and telecommunications, thus, upholding India as the fifth largest investor in Africa. The ‘Focus Africa’ Programme also focuses on incentivising Africa to import Indian Products, creating a profitable market for Indian goods. Infrastructure: The Pan-African e-Network Project ranges from human resource development, health infrastructure, capacity building, ICT utilisation and builds the foundation of knowledge economy, setting India apart from the engagements established by other countries. The provision of tele-medicine and linking the far-away natives with the super-speciality hospitals will help provide a thrust to the development-driven partnership. Energy security is an important area that can boost India’s economic output which can be facilitated with gaining greater access to the oil and gas assets in Africa. Cultural: There has been a surge in people-to-people contact with a welcoming spirit for medical tourists, entrepreneurs, students in both the countries. Cultural connection has received a huge impetus with the growth in the trade and investment activities, managing to stand stable even during the global economic slowdown. The Indian Diaspora’s contribution has been significant but the potential for harnessing comfortable partnership has not been adequately established yet. Acceleration of Engagement: More robust and engaging policies and involvement should be ensured in the presence of low commodity prices, rise in militancy, high population growth, urbanisation, health and educational level. Indian private sector needs to be enabled with incentives and ‘ease of expansion’ to leverage the resources available in Africa Much needed is the focus on joint partnership, injection of bilateralism and an element of balance between the policies of the two countries till the end. More efficiency and proper coordination can play a major role in harnessing a successful endeavour. The Indian diaspora in Africa can help build up a more successful platform for cultural exchanges. Much of the efforts made by India needs to be realised and be made known. Also, the responding mechanism needs to be better organised and more coherent with the activities undertaken in this direction. ‘Education’ provides India with a comparatively higher advantage over her competitors in the region. 25,000 scholarships have already been rolled out and the student-exchange programme is all set to reap benefits of the shared demographic dividend, if employed ambitiously. Lack of governance and ineffective security arrangements have resulted in thriving of unfavourable elements like terrorism, piracy, drug trafficking and calls for a proactive collaboration between India and Africa. Sharing of intelligence and naval ship visits are some ways through which the security cooperation and marine security can be deepened.   IASbaba’s Views: The Summit (IAFS) should take a plunge into tapping the untapped assets and strengthening close ties by enhancing the relevance of a mutual interface existing between them. This new paradigm of cooperation can thus, play a major role in harnessing the resurgence and intertwined dreams of both the countries. With the involvement of China and its permanent mission in the African Union, India would do well to take its African Policy seriously and comprehensively. Connecting the Dots: Write a short note on Banjul Formula? What has its relevance been in the growth-story of Africa? ‘India’s strategy aims to strike a balance between India’s growing commercial and strategic interests in Africa and its traditional policy of empowering Africa’. Comment   MUST READ: Curbs on free speech is attack on human nature: Rushdie Reference   India, US Totalization agreement on the right track Reference   India-Bangladesh: Citizenship for those who opt to stay in India Reference   India bags third slot in global startup space Reference 1 Reference 2   Angus Deaton (this year’s Economics Nobel prize) has helped us understand poverty. His work has lessons for India’s policymakers. Reference    

Oct 13, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 13th October, 2015

Archives IASbaba’s Daily Current Affairs – 13th October, 2015   NATIONAL   NOTE: A comprehensive article on 'CAPITAL PUNISHMENT/DEATH PENALTY' is covered in IASbaba’s Monthly Magazine (September), 2015   TOPIC:  General Studies 2 Constitution, Polity – Directive Principles of State Policy(DPSP) Governance and Social Justice   Uniform civil code : Need of the hour A bench of Supreme Court Justices Vikramjit Sen and Shiva Kirti Singh questioned the government about its mandate on framing the Uniform Civil Code so that all religions are regulated by the same yardsticks in matters of law. The question of uniform civil code came in the light of the bench hearing a petition, challenging the legal provision that compels Christian couples to wait for at least two years for divorce, whereas this period of separation is one year for other religions. Why uniform civil code is in news now? Christians file for divorce under Section 10A (1) of the Divorce Act, which states that a petition for dissolution of marriage by mutual consent can be presented before a court only after a judicial separation of two years. However, the period of separation is one year in other statutes such as the Special Marriage Act, the Hindu Marriage Act and the Parsi Marriage and Divorce Act. The court observed this Section 10A (1) lacked rationaleand it is violates Articles 14 (right to equality) and 21 (right to life and liberty).   What is uniform civil code? Article 44 of the Constitution of India declares that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This supersedes the right of citizens to be governed under different personal laws based on their religion or caste or tribe. Such codes are in place in most modern nations. Need for uniform civil code : India is a land of diversities with several religions. The oldest part of Indian legal system is the personal laws governing the Hindus and the Muslims. Many personal Laws like, The Hindu Marriage Act, 1955, The Parsi Marriage and Divorce Act, 1936, Sharia law pose a contradiction. One important thing is Article 15 would seem to make personal law unconstitutional. Article 15 requires non-discrimination based on “sex”, whereas Muslim Personal Law favours the man in many cases, especially in the issue of divorce and in the issue of polygamy. And also the personal laws violate Article 14 and 21 , which gurantees right to equality and individual liberty respectively. Personal laws are inconsistent with morality and human rights as well. The GOAN model: Goa is the only state in India which has enforced Uniform Civil Code for all citizens. The Portuguese Civil Code that remains in force even today which was introduced in the 19th century in Goa and wasn’t replaced after liberation. The Uniform civil code in Goa is a progressive law that allows equal division of income and property regardless of gender between husband and wife and also between children. Every birth, death and marriage has to be compulsorily registered. Muslims that have their marriages registered in Goa cannot take more than one wife or divorce by pronouncing “talak” thrice.   Way Forward: In order to promote the spirit of uniformity of laws and accomplish the objectives enshrined in Art.44 of the Constitution, the following suggestions need immediate consideration A progressive and broadminded outlook is needed among the people to understand the spirit of such code. For this, education, awareness and sensitisation programmes must be taken up. The Uniform Civil Code should act in the best interest of all the religions. A committee of eminent jurists should be considered to maintain uniformity and care must be taken not to hurt the sentiments of any particular community. Connecting the dots: Critically examine the increasing need for uniform civil code in India. Uniform civil code is the need of the hour in order to ensure unity and integrity of the nation as enshrined in preamble of our constitution. Substantiate. Critically examine the various factors inhibiting the implementation of uniform civil code in India.   SCIENCE & TECHNOLOGY   TOPIC:  General Studies 3-  Space Technology   ‘Fundamental’ Existence: Neutrino   Background: Neutrinos, proposed by Swiss scientist Wolfgang Pauli in 1930, are elements similar to that of electron but carry no electric charge and are massless. They are tiny electrically neutral elementary particles, second only to ‘photon’ in terms of their abundance in nature (1000 billion passing through us/second) There are three flavours of Neutrinos- ve, vμ and vτ and are segregated on the basis of different masses (ordering unknown). Neutrinos, electrons and quarks are the basic building blocks yet to be divided further and thus, calls for an understanding and researching on their properties. These small particles have the ability to throw up a whirlpool of knowledge and explanations regarding the basic laws of Physics, origin of the Universe, the energy production in stars, dark energy and dark matter.   India-based Neutrino Observatory (INO) detector: The multi-institutional project will re-establish and forward India’s aspirations towards a non-accelerator based high energy and reclaim its global leadership in initiating research to understand the element. India has made its leadership visible earlier when our physicists had used Kolar Gold Field Lab to detect atmospheric neutrinos. The observatory is set to be established under a rocky mountain in the region of Bodi West Hills of the district of Theni in Tamil Nadu and will host the 50,000 tonnes weighing Magnetized Iron Calorimeter (ICAL), the largest in the world. This depth will play an instrumental role in enabling an environment that will be neutrino-less to carry out further research in the field. Concerns: Violation of Federal Principles: No sanctions obtained from the State Government of Kerala wherein the tunnel will exist Infrastructural Concerns: Cracks need to be avoided and thus, digging wells, irrigation tunnels, mining, etc. should be completely banned and strict regulations should be followed Impact on Dams: Explosion induced seismicity and radioactive contamination of water can cause damage to the infrastructure, crop damage as well as loss of livelihood.   Health: Can be caused by Beam Misdirection-if emerges through schools and public places The drilling during the cave making will generate dust (size: nanometre) which will contaminate the farmlands, water sources, quality of air; paving way for major health concerns. Radioactive ‘menace’: Storage of high level radioactive waste from nuclear sites/power plants Fast speed of travelling of the radiation-contamination War & Peace: Neutrino, as a weapon, is yet to be discussed considering all aspects-societal as well as ethical Clarification on Concerns: Health: Neutrinos are not at all harmful because of their non-reacting nature with solids and interaction between neutrino and the human body is nil/once in a lifetime. Therefore, the beams will have no side-effects. Particle detectorscan be used to detect the photons in positron emission tomography (PET) which is used to identify cancerous tumours. War & Peace: It can be a harbinger of peace by keeping a tab on ‘stores of plutonium’ and to monitor nuclear reactors to detect pilferage, if any, by the anti-social elements Energy: Will help us tap our mineral and oil deposits As waves, Neutrinos tend to change their flavour as well leading us to more awareness regarding geological defects and towards a breakthrough in early warning systems Geo-neutrinos are radioactive decay of uranium, thorium and potassium in the Earth’s crust, which can be employed to detect early disturbances and vibrations produced by earthquakes   Data Transmission: Since Neutrinos possess the ability to travel right through the Earth, ‘round the earth’ model of communication systems for data transmission can be employed successfully Also, this technology once developed will be free of transmission losses (no reaction with atoms in their path) and will be the most trusted way to communicate with possible extra-terrestrial life forms on different planets Criticisms: Leadership in Science cannot be achieved by establishing a neutrino observatory. History of the impact of spin-off’s have not always, been a positive story. Skewed allocation of resources has increased the vulnerabilities manifold with major investments in elite universities, ignoring the research work undertaken in other universities. Allocation of resources and capital towards development and maintenance of public resources cannot be put at stake. IASbaba’s Views: Neutrinos encompasses access to a vast pool of knowledge which when exploited positively, can help us answer the mystery that surround us as well as help in formulating a kind of synergy between human and the natural world. Also, a society has to take care of the essentials first and then move ahead to satiate the intellectual quest but not at the cost of sacrificing the basic necessities of life, that is central to many. Better ‘research culture’, symmetrical usage and allocation of funds as well as effective utilization of funds; is the answer to the need for the balancing act towards a better future. Connecting the Dots: What are Neutrinos and why do they matter to us? What are the sources of Neutrinos and its application?   MUST READ: Animal Husbandry- Ban of Diclofenac, Ketoprofen  Reference   Stem Cell Therapy Reference   Alarming times for free expression – Returning of Sahitya Akademi Awards & India’s image and foreign policy at stake: diplomats Reference 1 Reference 2 Reference 3   British economist Angus Deaton wins Nobel for studies on income, poverty Reference

Oct 12, 2015 IASbaba's Daily Current Affairs

IASbaba’s Daily Current Affairs – 11th & 12th October, 2015

Archives   IASbaba’s Daily Current Affairs – 11th & 12th October, 2015   NATIONAL   TOPIC - General Studies 2 Salient features of the Representation of People’s Act. Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.   Limited finance limits democracy That candidates in Indian elections grossly overshoot spending limits imposed by the Election Commission (EC), sometimes even by a factor of 20-30, is no secret. If there is one thing that major Indian political parties agree upon it is that spending limits in Indian elections, and the country’s campaign finance rules in general, are unreasonable. In the 2014 Lok Sabha elections, the Election Commission (EC) raised the spending limit by candidates from Rs.30 lakh to Rs.70 lakh. However the increase did not reduce the number of spending violations.   Election spending limit: Backing by the statute Representation of People Act, Chapter VIII, which states, “the total of the said expenditure shall not exceed such amount as may be prescribed”, gives the authority to EC to fix the election spending limits. Why limit election spending? The primary objective behind the EC’s visibly restrictive campaign finance rules is to level the playing field. Critical issues associated with limiting election spending limit: Firstly the Representation of People Act, does not say what the limit should be and why it should be so low. The Indian state has chosen to interpret the Act as giving it the right to set unrealistically low limits to create a level playing field. However this has failed, due to the official limits, candidates rely almost completely on unaccounted cash from undisclosed donors, which essentially renders all the other transparency initiatives of the EC redundant.  Once in office, the candidates must find ways to repay their debts to these donors, and often do so by favouring them through policy changes or resource allocation. Thus the restrictive campaign finance rules infuse corruption into day-to-day politics. The desire to limit campaign finance also reflects a rather narrow view of representation. A possible implicit assumption is that wealthy candidates may not be able to adequately represent their constituencies, or at least not as well as their less wealthy counterparts. Ordinarily one would think that the candidate who wins is the one who best represents the constituency’s interests, regardless of wealth status. But the EC assumes that a wealthier candidate is not only more likely than a poor candidate to win the election, but also less likely to accurately represent his or her constituency’s interests. A comparison of election spending limit across different countries: The no-limits nations:  Australia, the Czech Republic, Denmark, Estonia, Germany, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland, and Turkey. In these places, there are no limits on contributions, and no limits on what candidates can spend. The all-limit nations: Belgium, Canada, Chile, France, Greece, Iceland, Ireland, Israel, Japan, South Korea, Poland, Slovenia. In these countries, there are limits on both contributions and on spending. The nations with limits on spending but not on donations: Austria, Hungary, Italy, New Zealand, Slovakia, the United Kingdom and The nations with contribution limits but no spending limits: Finland, the United States.   Indrajit Gupta Committee on State Funding of Elections: The Indrajit Gupta Committee on State Funding of Elections, 1998, backed the idea of state funding of elections on principle, stating that “The  Committee see full justification  constitutional,  legal as well as on ground of  public  interest,  for  grant  of  State subvention to political parties, so as to establish such  conditions where even the parties with modest financial resources may be  able  to  compete  with those  who  have superior financial resources.” It added two limitations, namely Such funds could not be doled out to independent candidates, and only to national and state parties having granted a symbol and proven their popularity among the electorate, and In the short-term, State funding may be given only in kind, in the form of certain facilities to the recognised political parties and their candidates. However, despite strongly backing full State funding of elections principle, it stated that only partial State funding would be possible in the short-term given the prevailing economic condition of the country.   Way Forward: Electoral corruption in India is a product of the institutions and systems that we have put in place. The limits on election spending, along with the other restrictive campaign finance rules of the EC, perpetuates a tightly-guarded socialist mindset among many Indian policymakers, which often makes them wary of individual affluence. By relaxing these rules, the Election Commission will be able to not only increase compliance, transparency and representation in Indian elections, but also help align India’s politics with its new economics. Connecting the dots: Even though the election spending limit has been increased, the inherent flaws within the election system still exist today. Critically analyse. Critically evaluate the need for shift to state funding of elections in order to tackle electoral malpractices in India.   TOPIC - General Studies 2 Issues relating to development and management of Social Sector or Services relating to Health, Education, Human Resources.    A State of mind Why Mental Health policy in news? World Mental Health week was observed at the WHO in Geneva this week. The Disease Control Priorities project released its recommendations to governments to address the burden of mental disorders.   Findings of Disease Control Priorities project: The Disease Control Priorities project has documented several findings relevant to India. The burden of mental disorders is large and growing, and has been greatly underestimated. A wide variety of effective interventions, including medicines, psychological treatments and social interventions can prevent and treat many disorders. Some interventions can be delivered through legislative and regulatory measures — for example laws that restrict access to means of suicide (notably pesticides) and that reduce the demand for alcohol. Some effective interventions are delivered through a variety of community-based sectors, such as parenting programmes from infancy through adolescence, and life-skills training in schools to build social and emotional competencies in children and adolescents. Support to interventions by community health workers with appropriate training and supervision, in partnership with primary care doctors and mental health professionals. Where does problem lies? The vast majority of our population has no access to the benefits of this knowledge. Those who are affected by mental disorders must rely entirely on their own resources to recover. Many incur heavy costs as they seek cures from a variety of sources, including religious, traditional and private medical practitioners. Stigma and discrimination lead many to endure the worst forms of human rights abuses, including torture, in their homes, communities and even in the hospitals set up to care for them. What needs to be done? There is the need for specialist care, such as in district hospital-based inpatient units, and continuing care, for instance through supported housing, for a relatively small proportion of people affected by severe disorders like psychosis, intellectual disability and dementia. India a Step Ahead: While India has the distinction of being one of the first countries in the developing world to establish a national mental health programme, But, decades of mismanagement have led to small gains. Way Forward: The government would need to look no further than to implement, in letter and spirit, its own National Mental Health Policy and District Mental Health Programme. To do so, it would need to address the abject lack of technical capacity in most states and districts to implement the public health approach to mental health. It will need to free mental health programmes from the narrow confines of medical school departments of psychiatry, embracing other public health institutions, sectors of government (such as education) and a broad range of civil society groups. It will need to create a new cadre, or empower existing ones, of community health workers who address mental disorders alongside other chronic diseases, working through primary healthcare. It will need to adopt the draft Mental Health Care Bill, which has been languishing in Parliament. It will need to aggressively reform the country’s 40-odd mental hospitals to transform them into institutions that are seamlessly linked to the community. It will need to actively empower networks and groups of persons affected by mental disorders and their families to enable their voices to be heard and hold services accountable. Without these steps, both the mental health policy and programme will meet the same fate as two decades of government programmes to address mental health in India.   Connecting the dots: What are the challenges that lie ahead of India’s Mental Health policy? What can be done to overcome these challenges? ‘India has the distinction of being one of the first countries in the developing world to establish a national mental health programme, decades of mismanagement has led to pitifully small gains.’ Comment.   INTERNATIONAL   TOPIC - General Studies 2 India and its Neighbourhood- relations Effect of policies and politics of developed and developing countries on India’s interests   India- Nepal: The thin ‘roaring’ line: Economics, Politics and Superiority   Boiling ‘point’ With the hues and cries of the ‘Madhesis’ and the growing turbulence in the region on the eve of Bihar elections, India took a stand to avoid the spill-over effect to counter the long running instability in the region. Being a propagator and a guarantor of ‘peace’, India had sought a consensus-based decision- encompassing all the section of people to be facilitated with sustainable livelihood conditions and ‘visible’ representation. But the majoritarian viewpoint acted in haste, not allowing proper deliberations to take place and negated India’s concern for the larger good.   Chaos and Confrontations: India’s Nepal Policy, 2005 involved India helping out Nepal in framing a new Constitution and this pursuit of stability has been back-tracked by the pursuit of denial of considerations on the part of Nepal. Adoption of competitive diplomacy vis-a-vis Nepal was a path-breaking move adopted by India to eliminate deep-seated resentment in the hearts of Nepalese population. But the present economic blockade has started repeating the same consequences of that of the 1989-turmoil, giving rise to multiple crises, when the country is already reeling under the 360-degree turn departure from its own Constitution’s objective of bringing peace and stability in the region. The Himalayan country is heavily dependent upon India and its routes for important commodities like food, fuel, consumer goods and imports from various countries. But the emergence of India from a ‘state of silence’ to resorting to pressure tactic has crippled Nepal’s economy to a major extent. Though, the move doesn’t possess legal backing, it sure has tendencies to oscillate between the political vendettas of the ‘ignorance tactic’ adopted by the Nepalese leaders and the need of India to claim its superiority of being a “Big Brother” to Nepal. Miscalculations New Delhi’s Signals: India has always had direct or indirect influence on Nepal’s political transitions but her genuine concerns have been misread and been misinterpreted as a threat to their sovereignty. This short-sightedness needs to be dealt with, as the over-ambitiousness of the political leaders could put the million lives, still dealing with the aftermath of the disaster, at stake. But given the fact that Nepal has historically been subjected to dark ‘political’ times, India needs to relax its stance and adopt the soft-power diplomacy over ‘dictation’ of its own terms.   Fault-lines of Nepal: Nepal would do well to acknowledge Madeshis as Nepal’s citizens and letting them lead a dignified life by recognizing their natural stake at fundamental rights present. There is also a need to recognize that the failure of Constitution isn’t an ‘imported concept’ but is a ‘real’ domestic issue which needs to be tackled to ensure survival of democracy. Though, the Constitution, as a whole looks progressive, it must live up to its nature of a progressive path to be yielded for the society. Broad-based ownership is the key issue which needs to be implemented and owned. Nepal needs to move away from the “times-of-need” based foreign policy to a more matured and a comprehensive one, as in the global world, policies and sentiments should be tackled carefully and a firm stand needs to be adopted to earn credibility.   IASbaba’s Views: Although India’s recommendations hold good intentions, it needs to remove the ‘invisible’ economic sanctions, if any, as incidents that happen in Nepal has its ramifications in India. The ‘economic blockade’ could also just be a media-hype that leads to alienation and more upsurges and thus, a closed-door fast-track solution is desired. Nepal, as a nation has evolved and has given itself its living document ‘Constitution’. But this puts a major onus upon them to accept mistakes and correct them and not play the blame game. India has, time and again, proved its stand w.r.t Nepal and thus, has a natural right to derive answers for difficult questions that can plague both the countries. The Constitution does have loopholes and with time, the configurations might and will change to accommodate the differences that exist but both India and Nepal should together, work out a temporary solution keeping in hindsight a permanent one, at the earliest.   Background Why is India concerned? Porous Boundary: India shares a 1,751km open border with Nepal through which people pass freely but which has often concerned the country’s security agencies because of its use by smugglers, human traffickers and terror suspects. Geopolitical Tension: Nepal’s handling of the crisis has drawn strong criticism from neighbouring India, which fears violence could spill onto its territory, where large numbers of Nepalese work. Instability in the Region: India’s concern has been with the violent reaction to the constitution in the low-lying southern plains, adjoining India, the Terai. Interests of Madhesis: Communities living in the Terai, especially the Madeshis and the Tharu ethnic minorities, have expressed concern that the proposed boundaries of the new provinces could lead to their political marginalization. The two groups make up nearly 40% of Nepal’s population and the Madeshis share close ethnic ties with people in India. Political Reason: Any political turbulence and violence in Nepal will inevitably have a direct adverse impact on poll-bound Bihar.   7 Amendments proposed: The Interim Constitution provided electoral constituencies based on population, geography and special characteristics, “and in the case of Madhes on the basis of percentage of population”. Under this provision, Madhes, with more than 50 per cent of the population, got 50 per cent of seats in Parliament. The latter phrase has been omitted in the new Constitution. “It needs to be re-inserted so that Madhes continues to have electoral constituencies in proportion to its population,” The Interim Constitution, it was mentioned that various groups would have “the right to participate in state structures on the basis of principles of proportional inclusion”. In the new Constitution (Article 42), the word “proportional” has been dropped— Delhi wants it re-inserted. Constitution states that only citizens by descent will be entitled to hold the posts of President, Vice-President, Prime Minister, Chief Justice, Speaker of Parliament, Chairperson of National Assembly, Head of Province, Chief Minister, Speaker of Provincial Assembly and Chief of Security Bodies. This clause is seen as discriminatory for the large number of Madhesiswho have acquired citizenship by birth or naturalisation. This should be amended to include citizenship by birth or naturalisation. The new Constitution states that National Assembly will comprise 8 members from each of 7 States and 3 nominated members. Madhesi parties want representation in National Assembly to be based on population of the Provinces. Five disputed districts of Kanchanpur, Kailali, Sunsari, Jhapa and Morang: Based on the majority of the population, these districts or parts of them may be included in the neighboring Madhes Provinces. Interim Constitution provided for delineation of electoral constituencies every 10 years. This has been increased to 20 years by the new Constitution. Echoing the Madhesi parties, India wants this restored to 10 years. Constitution states that a foreign woman married to a Nepali citizen may acquire naturalized citizenship of Nepal as provided for in a federal law. Madhesi parties want acquisition of naturalized citizenship to be automatic on application.   Connecting the Dots: To what extent does the move by Nepal stands justified in the ‘new world order’? What are the implications of India’s ‘firm’ reaction on foreign relationships with other countries? According to you, has India shown departure from its past stances in dealing with foreign policy issues?  

Oct 12, 2015 Motivational Articles

Congratulations to all the Successful Candidates- Prelims 2015!

Congratulatory Note for Successful Candidates in Prelims 2015 Those who couldn't clear Prelims- 2015   Hello friends,   So, the result of CSE Prelims is out! And you made it. Great!! Many many congratulations from IASbaba. Your hard work, talent and perseverance helped you secure a seat in the final list. Feel good about it and take pride of our achievement. No one can take credit for your success. But at the same time, we would also like to say a word of caution to all the successful aspirants. Try to remember what you started for. Now ask yourself a question- have you got it yet? The answer of course is NO. There are two more stages left before you can actually celebrate your success. You have won a battle; but war is not over yet. Frankly speaking, the single most factor that would separate the successful candidates and the failed ones (although ‘failed’ is not the appropriate word to be  used here) is ‘attitude’. How you perceive your success at this stage will determine your future. In the journey of UPSC, you are just like an empty pot. Knowledge pours into this pot from all the directions and that ensures your success. However, if you cease to behave like that empty pot and consider yourself as a pot already filled with knowledge and wisdom, no one can give more to you. Try to distance yourself from this attitude. Be modest and never ever leave the process of learning. Consider the intellect of others, listen to your mentors, work harder and never let your previous successes overwhelm your senses. We know that it is time to celebrate and for that you can spare one day or two. It is very important to let go your emotions in the direction they want. If you suppress your joy and happiness, it will hurt you from inside. So, party tomorrow with your friends and family as milestones are equally important but come back to business immediately. There is no time to be lost. The moment your control over time is disturbed, time starts dictating terms to you and you become slave of your own time. Recognize the importance of time and start your forward march. We at IASbaba ensure you that our support will always be there with you. We will come up with innovative plans and initiatives to make your journey enjoyable and memorable. Again a heartiest congratulation from IASbaba and all the best for your preparation. Thank you IASbaba