Posts

IASbaba’s TLP (Phase 2): UPSC Mains Answer Writing – General Studies 4 Questions [12th August, 2022] – Day 47

Hello StudentsYou already know the features of TLP. Just to reiterate briefly, in the TLP initiative, we post 5 questions daily for a certain number of weeks (11 for this one). We follow a micro plan that is designed to give you daily targets. The questions are from the day’s syllabus and also from current affairs and you are expected to write the answers and post them on the portal. This year onwards TLP will have a Dedicated Portal for Focused Preparation (tlpmains.iasbaba.com). There will be a separate dedicated portal similar to (The RaRe Series) which students loved and appreciated. The Portal will help you stay focused and keep your preparation streamlined. The Registration link for the dedicated portal is given at the end of the post. We are charging a token amount of 10/- for registration to the dedicated portal. We are doing it because we want to create a community of sincere aspirants who are focused and motivated till the Mains Examination. Please don’t take it otherwise. It is our honest effort to give you the best and at the same time expect students to come with the same energy and dedication to the dedicated platform specially designed for YOU! Join our bandwagon, you won’t regret it. UPSC 2023 Aspirants are encouraged to participate as well. Register Here – CLICK HERE  To Know More About TLP 2022 (Phase 2) – CLICK HERE To Access Day 47 Questions – CLICK HERE  P.S: The review from IASbaba will happen from the time the question is posted till 10 pm every day. We would also encourage peer reviews. So friends get actively involved and start reviewing each other’s answers. This will keep the entire community motivated. All the Best 

Baba’s Explainer

Baba's Explainer - Open Network for Digital Commerce (ONDC)

 ARCHIVES Syllabus GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS-3: Indian Economy and Challenges Context: Digital commerce is reshaping the global business environment and can provide a fairer and more inclusive playing field for businesses. It can create economic opportunities for new sets of players, especially small businesses. COVID-19 has fueled the growth of digital commerce across the globe. Though digital commerce in mobility and travel services declined, digital commerce in the retail sector saw a rise in the share of total retail sales, from 16% in 2019 to 19% in 2020. This was a result of a spike in business- to-consumer (B2C) sales, particularly evident in online sales of medical supplies, household essentials, and food products. COVID-19 also resulted in increased business-to-business (B2B) digital commerce. The future of open retail is taking shape in India as the nation rolls out the Open Network for Digital Commerce (ONDC) in 100 cities in August 2022. It is being spearheaded by Infosys founder Nandan Nilekani. What is the scenario of Digital Commerce in India? The ongoing digital transformation in terms of access to connectivity at affordable cost, increase in internet and smartphone penetration and increased investments in the start-up ecosystem are significant factors contributing to this growth. India has the third-largest online shopper base globally, with 14 crore e-retail shoppers in 2020, only behind China and the US3. This number is expected to grow significantly with the addition of 37 crore Generation-Z consumers by 2030, who have grown up in an India with ubiquitous internet, smartphones, digital media, and digital consumption platforms4. However, the COVID-19 pandemic exposed the critical shortcomings of the Indian digital commerce ecosystem when most parts of the retail chain were found to be digitally absent and there was a complete breakdown of the supply chain Around 1.2 crore Kiranas stores (hyperlocal neighborhood provision stores) account for 80% of the retail sector in India, with 90% of them being unorganized, or self-organized and most of them digitally excluded. As of September 2020, India is estimated to have 4.25 crore Micro, Small and Medium Enterprises (MSMEs) that have the potential to flourish with innovative sales and marketing efforts but are not part of this digital revolution. Even on the consumer side, only a small portion (~20%) of the internet users in India are online shoppers. Limitations are further evident from the share of digital commerce in the overall retail segment in India. The Gross Merchandising Value (GMV) for the digital commerce retail market in India was ₹2.85 Lakh Crores (US$ 38 billion) in 2020, which is only 4.3% of the total retail GMV in India. India is well below the e-retail penetration in countries like China (25%), South Korea (26%), and UK (23%)9. By 2026, digital commerce in the retail sector in India is expected to grow to ₹15 Lakh Crores (US$ 200 billion) How has digital transition left out small enterprises? Small enterprises such as local kirana stores have not gained from the rapid advancement of digital platforms Online purchases from “near and now” inventory from the local store remain in a digital vacuum. This is because, to sell on numerous platforms, sellers must maintain a separate infrastructure, which only adds costs and limits participation. The distinct terms and conditions of each platform further limit the sellers’ flexibility. Consequently, small and medium-sized businesses have lost their freedom to choose and participate in the country’s e-commerce system at their will and on their terms. Alarmingly, centralising digital commerce transactions on a single platform creates a single point of failure. What is Open Network for Digital Commerce (ONDC)? Objective is to level the playing field by developing open e-commerce and enabling access to small businesses and dealers. The ONDC network makes it possible for products and services from all participating e-commerce platforms to be displayed in search results across all network apps. For instance, a consumer shopping for a product on an e-commerce app Amazon would also receive results from e-commerce app Flipkart, if both Amazon and Flipkart integrated their platforms with the ONDC. This achieves the dual objective of wider choice for consumers on the one hand and access to a wider consumer base for sellers on the other. Because ONDC functions as a set of standards, it will allow consumers to pick one of many platforms for shopping. Each platform will receive the same product, pricing, and availability information, based on one set of standards. Earlier, to compare prices or offers, an online shopper has to hop from one platform to another, creating difficulties in comparing similar products by vendor prices, shipping costs, and taxes. ONDC caps referral commissions for platforms that send shoppers to a seller at 3%, a far cry from the roughly 30% cut that third-party sellers lose on the existing major e-commerce platforms ONDC is not an application, an intermediary, or a specific piece of software. Rather, it is a set of specifications designed to foster open interchange and connections among shoppers, technology platforms and retailers. At its core, ONDC is an open network and set of open standards similar to the Universal Payments Interface (UPI) Open standards are the hidden foundation of the US economic and technology infrastructure. They underpin open networks (such as the internet), in which a core set of technology standards enables interconnection between different systems. Effective open networks and standards foster competition and eliminate friction and barriers to entry ONDC aims to democratise digital commerce, replacing a platform-centric model (where the buyer and seller must use the same platform or application to transact) with an open network, allowing cross-platform and cross-application interaction and commerce. What Benefits Does the Open Network for Digital Commerce(ONDC) Offer? Level Playing Field: ONDC is keen to level the playing field for e-commerce operators and widen the digital market access for MSMEs and small traders in the country. Additionally, it will help new entrants by bringing discoverability, interoperability, and inclusivity. Game Changing: If it works, ONDC could fundamentally change the rules of the game for e-commerce and retail — potentially on a global scale — and herald a future of more open and competitive retail with less dominance by vertically integrated platforms. Empowering Consumers: It provides more granular control over the costs incurred by the consumers. They can choose the products from a large number of sellers, can get the price offered by the seller directly without being impacted by the pricing policy of the platform Ease for Sellers: A standard seller onboarding process across the ONDC partners will provide a low barrier to entry for sellers. This can be especially helpful for MSMEs Freedom of Choice for Consumers: Consumers can potentially discover any seller, product or service in a common platform, thus increasing freedom of choice for consumers. It will enable the consumers to match demand with the nearest available supply. This would also give consumers the liberty to choose their preferred local businesses. Sets a global precedent on regulating Monopolies: It could show United States (US) regulators how to take on monopolies. What impact will ONDC have on existing ecommerce and logistics companies? As ONDC will interface with the existing ecommerce companies for seller onboarding and product listing, it is unlikely to upend the status quo in the ecommerce space. ONDC will rather augment the existing ecommerce ecosystem and benefit all the stakeholders. They will ensure greater reach for marketplaces and sellers, and also provide them a platform to directly compete with other ecommerce companies. The increased competition in this space will ultimately benefit the end customer. The impact of ONDC on existing logistics companies will be much more pronounced. While logistics companies today operate mostly in the B2B segment, ONDC will open the doors of the B2C segment for them. Open competition to acquire and retain customers on ONDC will force logistics companies to make changes to their marketing and pricing models. Currently, large merchants and platforms have access to best rates and service levels from logistics companies however upcoming merchants are generally have to go through logistics aggregators and are unable to get the best service level for their fledgeling business. However, ONDC will break the access and discovery barrier to logistics companies and can result in opportunities for new logistics companies as well as a large new segment for existing logistics providers. To gain advantage from this market shift, the logistics companies would need to invest more in their technical capabilities as well. What are the challenges related to ONDC? Adoption Challenges: Even if it succeeds, its effect may not match its intent. Bringing the tens of millions of existing kirana stores onto the platform will require a massive, well-funded adoption campaign. Match-Up Concern: Smaller businesses with low volumes may lack the resources to match the discounts offered by existing heavyweights like Amazon and Flipkart. These two global giants poured a combined USD 24 billion into India and captured 80% of the online retail market with aggressive discounts and promotion of preferred sellers. Payment Challenges: There might be a mismatch in payment gateway compatibility between the different platforms. Legal Uncertainty: The question arises about liability in case of a consumer facing any issue regarding the transaction or the quality of products or services delivered. It is unclear how ONDC fits into the entire legal landscape of e-commerce in India. May not achieve desired objective: the large platforms may be the ones that benefit the most from ONDC. In the case of UPI, which was designed to provide an open standard for payments, Google Pay and Walmart’s PhonePe have grabbed a dominant share of the transaction volume. Dispute Resolution: Due to the decentralized nature of ONDC and the low barrier to entry for sellers, it would be interesting to see how consumer complaints are taken care of. In traditional marketplaces, the marketplace policies generally ensre customer satisfaction. ONDC being an open platform will lack this until clear policies are worked out or apps are built to ensure consumers are satisfied and sellers are protected from dubious consumers. Therefore, it is imperative to support this initiative with a modern-day, cost-effective, timely and high-speed online dispute resolution system(ODR) Inclusiveness: ONDC must adequately and efficiently cater to facets such as participants residing or operating in different geographic regions and the mass prevalence of low-value online transactions. Mains Practice Question – Do you think Open network for Digital Commerce is going to alter the paradigm of e-commerce sector? Critically analyse. Note: Write answers to this question in the comment section. table{ border: 1px solid; } table tr, table td{ border: 1px solid; }

DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 11th August 2022

Archives (PRELIMS & MAINS Focus) Popular slogans raised during Indian independence movement Open in new window Syllabus Prelims – History Context: The history of popular slogans raised during Indian independence movement. ‘Jai Hind’ by Netaji Subhash Chandra Bose Netaji Subhas Chandra Bose popularised ‘Jai Hind’ as a salutation for soldiers of his Indian National Army (INA), which fought alongside Netaji’s ally Japan in the Second World War. ‘Tum mujhe khoon do, main tumhe aazadi doonga’ by Netaji Subhash Chandra Bose The slogan had origins in a speech Netaji made in Myanmar, then called Burma, on July 4, 1944. ‘Vande Mataram’ by Bankim Chandra Chatterji The term refers to a sense of respect expressed to the motherland. In 1870, Bengali novelist Bankim Chandra Chattopadhyay wrote a song which would go on to assume a national stature. Written in Bengali, the song titled ‘Vande Mataram’ would not be introduced into the public sphere until the publishing of the novel Anandamath in 1882, of which the song is a part. Vande Mataram would soon be at the forefront of sentiments expressed during the freedom movement. The novel Anandmath, set in the early 1770s against the backdrop of the Fakir-Sannyasi Rebellion against the British in Bengal, came at a time of the Bengal agrarian crisis when the region was hit by three famines one after another. After the British rule ended, the song was in contention for being the national anthem, but was criticised by some and ended up becoming the national song instead. ‘Inquilab Zindabad’ by Maulana Hasrat Mohani ‘Inquilab Zindabad’ (Long live the revolution) was first used by Maulana Hasrat Mohani in 1921. Hasrat was his pen name as a revolutionary Urdu poet, which also became his identity as a political leader. Hasrat Mohani was a labour leader, scholar, poet and also one of the founders of the Communist Party of India in 1925. Along with Swami Kumaranand — also involved in the Indian Communist movement — Mohani first raised the demand for complete independence or ‘Poorna Swaraj’, at the Ahmedabad session of the Congress in 1921. He was later elected a member of the Constituent Assembly and was also a member of the drafting committee of the Constitution along with Dr B R Ambedkar. His stress on Inquilab was inspired by his urge to fight against social and economic inequality, along with colonialism. It was from the mid-1920s that this slogan became a war cry of Bhagat Singh and his Naujawan Bharat Sabha, as well as his Hindustan Socialist Republican Association (HSRA). Bhagat Singh also wished for a social revolution to break age-old discriminatory practices. This slogan got major traction when he and B K Dutt dropped bombs in the Assembly on April 8, 1929, and shouted it. ‘Sarfaroshi ki Tamanna’ by Bismil Azimabadi “Sarfaroshi ki tamanna ab hamare dil men hai, dekhna hai zor kitna bazu-e-qatil men hai” (Our hearts are now longing to die for a good cause, that we shall see what strength the arms of killers possess), are the first two lines of a poem written by Bismil Azimabadi, a freedom fighter and poet from Bihar, after the Jallianwalah Bagh Massacre of 1921 in Amritsar, Punjab. In the poem, the line ‘Sarfaroshi ki tamanna ab hamare dil men hai’ is repeated, and the two lines have been used often in Hindi movies with patriotic themes. The lines were popularised by Ram Prasad Bismil, another revolutionary. They convey a deep longing to take on an enemy, a spirit seen in the way Bismil, an Urdu poet and revolutionary, was part of major events that raised the spirits of fellow freedom fighters at the time. He was a part of the Kakori train robbery, a successful and ambitious operation in which a train filled with British goods and money was robbed for Indian fighters to purchase arms. ‘Do or Die’ by Mohandas Karamchand Gandhi In 1942, with the Second World War commencing and the failure of Stafford Cripps Missions – which only promised India a ‘dominion status’ where it would still have to bear allegiance to the King of England – it was realised that the movement for freedom needed to be intensified. On August 8, 1942, the All-India Congress Committee met in Gowalia Tank Maidan (August Kranti Maidan) in Bombay. Gandhi addressed thousands after the meeting to spell out the way forward. He told the people what they must do: “Here is a mantra, a short one, that I give you. Imprint it on your hearts, so that in every breath you give expression to it. The mantra is: ‘Do or Die’. We shall either free India or die trying; we shall not live to see the perpetuation of our slavery.” ‘Quit India’ by Yusuf Meherally While Gandhi gave the clarion call of ‘Quit India’, the slogan was coined by Yusuf Meherally, a socialist and trade unionist who also served as Mayor of Mumbai. A few years ago, in 1928, Meherally had also coined the slogan “Simon Go Back” to protest the Simon Commission. Must Read: Quit India Movement Source: Indian Express Previous Year Question Q.1) Who among the following is associated with ‘Songs from Prison’, a translation of ancient Indian religious lyrics in English? (2021) Bal Gangadhar Tilak Jawaharlal Nehru Mohandas Karamchand Gandhi Sarojini Naidu Langya Open in new window Syllabus Prelims – Science and Technology In News: A new zoonotic virus that has infected 35 people in China. Langya Henipavirus: A new zoonotic virus has been discovered in the country’s two eastern provinces with 35 infections identified so far. This new type of Henipavirus is also being called Langya Henipavirus or the LayV. Henipaviruses are classified as biosafety level 4 (BSL4) pathogens. They can cause severe illness in animals and humans, and as of now there are no licensed drugs or vaccines meant for humans. What is Langya virus? The newly discovered virus is a “phylogenetically distinct Henipavirus” The types of Henipaviruses that had been identified prior to this included Hendra, Nipah, Cedar, Mojiang and the Ghanaian bat virus. According to the US CDC, the Cedar virus, Ghanaian bat virus, and Mojiang virus are not known to cause human disease. But Hendra and Nipah infect humans and can cause fatal illness. Langya, meanwhile, is known to cause fever. What are the symptoms of Langya virus? While all 26 had fever, 54% reported fatigue, 50% had cough, 38% complained of nausea. Also, 35% of the total 26, complained of headache and vomiting. The study found that 35% had impaired liver function, while 8% had their kidney function impacted. The patients were accompanied by abnormalities of “thrombocytopenia (35%), leukopenia (54%), impaired liver (35%) and kidney (8%) function”, the study noted. Thrombocytopenia is low platelet count, while leukopenia means a fall in the white blood cell count, in turn reducing the body’s disease-fighting capability. Where has Langya virus come from? In all likelihood, the new virus has jumped from an animal to humans. The LayV virus RNA has been predominantly found in shrews, which may be its natural hosts. The study zeroed in on shrews after conducting a serosurvey of domestic and wild animals. Among domestic animals, seropositivity was detected in goats and dogs. What about human-to-human transmission? There are no clear answers yet. The authors of the study have underlined that the sample size of their investigation is too small to determine human-to-human transmission. However, they point out that among the 35 patients infected by LayV, there was “no close contact or common exposure history”, which suggests that the “infection in the human population may be sporadic”. Source: Indian Express Previous Year Question Q.1) Consider the following statements: (2021) Adenoviruses have single-stranded DNA genomes whereas retroviruses have double-stranded DNA genomes. Common cold is sometime caused by an adenovirus whereas AIDS is caused by a retrovirus. Which of the statements given above is/are correct? 1 Only 2 Only Both 1 and 2 Neither 1 nor 2 SMILE-75 Initiative Open in new window Syllabus Prelims – Current Affairs In News: Union Minister for Social Justice & Empowerment to launch “SMILE-75 Initiative” on 12 August 2022. In the spirit of AzadikaAmritMahotsav, the Ministry of Social Justice & Empowerment, Government of India, has identified 75 Municipal Corporations to implement comprehensive rehabilitation of persons engaged in the act of begging under “SMILE: Support for Marginalised Individuals for Livelihood and Enterprise” named as “SMILE-75 Initiative”. The identified 75 Municipal Corporations, experts from the field of beggary and eminent NGOs will participate in this nationwide launch through online and offline mode. It covers several comprehensive welfare measures for persons who are engaged in the act of begging with focus extensively on rehabilitation, provision of medical facilities, counselling, awareness, education, skill development, economic linkages and convergence with other Government welfare programmes etc. The Ministry has allocated a total budget of Rs.100 crore for the SMILE project for coming years till 2025-26. Through this project, the Ministry envisions to develop a support mechanism for holistic rehabilitation of those engaged in the act of begging and build an India where no person is forced to beg in order to survive and fulfill their basic needs. Source: Pib.Gov.in Previous Year Question Q.1) SWAYAM’, an initiative of the Government of India, aims at (2016) promoting the Self Help Groups in rural areas providing financial and technical assistance to young start-up entrepreneurs promoting the education and health of adolescent girls providing affordable and quality education to the citizens for free Pradhan Mantri Awas Yojana-Urban (PMAY-U) Open in new window Syllabus Prelims – Current Affairs Mains – GS 3 (Economy – Development) In News: Cabinet approves continuation of Pradhan Mantri Awas Yojana-Urban (PMAY-U) – “Housing for All” Mission up to 31st December 2024. Govt of India has accepted the request of States/UTs for more time for completion of houses. PMAY-U: Housing for All is one of the major flagship programmes being implemented by GoI to provide all weather pucca houses to all eligible beneficiaries in the urban areas of the country through States/UTs/Central Nodal Agencies. During the period of 2004-2014, 8.04 lakh houses were completed under Urban Housing Scheme. The continuation of the scheme based on the request of States/UTs upto 31st December 2024 will help in completion of already sanctioned houses under BLC, AHP & ISSR verticals. Pradhan Mantri Awas Yojana-Urban (PMAY-U) PMAY falls under the Government’s mission – Housing for All by 2022 for urban housing being implemented by the Ministry of Housing and Urban Affairs (MoHUA). It makes home loans affordable for the urban poor by providing a subsidy on the Interest Rate of a home loan during repayment by way of EMI Beneficiaries: The Mission addresses urban housing shortage among the EWS/LIG and MIG categories including the slum dwellers. Economically Weaker Section (EWS) – with a maximum annual family income of Rs. 3,00,00. Low Income Group (LIG) – with maximum annual family income of Rs. 6,00,000) and Middle Income Groups (MIG I & II) – with a maximum annual family income of Rs. 18,00,000) Four Verticals of PMAY-U: In Situ Slum Redevelopment (ISSR): This vertical will be implemented with the concept “Land as a resource” with private sector participation for providing houses to eligible slum dwellers. Affordable Housing through Credit Linked Subsidy (CLSS): Beneficiaries of EWS, LIG, MIG (I &II) seeking housing loans from Banks, Housing Finance Companies and other such institutions for acquiring, new construction or enhancement of houses are eligible for an interest subsidy of: 5% on loan amount up to Rs. 6 Lakh 4% on loan amount up to Rs. 9 Lakh 3% on loan amount up to Rs. 12 Lakh Affordable Housing Through Partnership (AHP): An affordable housing project can be a mix of houses for different categories but it will be eligible for Central Assistance, if at least 35% of the houses in the project are in the EWS category. Beneficiary-led individual house construction (BLC): Central Assistance up to Rs. 1.5 lakh per EWS house is provided to eligible families belonging to EWS categories for individual house construction/ enhancement. Demand-driven Approach: PMAY-U adopts a demand-driven approach strengthening the ethos of cooperative federalism, housing shortage is decided based on demand assessment by States/Union Territories (UTs). The Mission is implemented as a Centrally Sponsored Scheme (CSS) except the CLSS vertical of the PMAY-U which is being implemented as a Central Sector Scheme. Under the PMAY-U guidelines, it is mandatory for the state government to ensure that all houses built under the scheme are geotagged to the Bhuvan HFA (housing for all) application. The Mission promotes Woman Empowerment by providing the ownership of houses in the name of a female member or in joint names. Preference is also given to women (with overriding preference to widows, single women), persons belonging to Scheduled Castes/Scheduled Tribes/Other Backward Classes, Minorities, Persons with disabilities and Transgender. Initiatives under PMAY-U: Affordable Rental Housing Complexes (ARHCs): It is a sub-scheme under PMAY-U. This will provide ease of living to urban migrants/ poor in the Industrial Sector as well as in non-formal urban economies to get access to dignified affordable rental housing close to their workplace. Global Housing Technology Challenge: It aims to identify and mainstream a basket of innovative construction technologies from across the globe for the housing construction sector that are sustainable, eco-friendly and disaster-resilient. CLSS Awas Portal (CLAP): It is a common platform where all stakeholders e., MoHUA, Central Nodal Agencies, Primary Lending Institutions, Beneficiaries and Citizens are integrated in a real-time environment. The portal facilitates processing of applications along with tracking of subsidy status by beneficiaries. Source: Pib.Gov.in Previous Year Question Q.1) What is the purpose of Vidyanjali Yojana’? (2017) To enable the famous foreign educational institutions to open their campuses in India. To increase the quality of education provided in government schools by taking help from the private sector and the community. To encourage voluntary monetary contributions from private individuals and organizations so as to improve the infrastructure facilities for primary and secondary schools. Select the correct answer using the code given below: 2 only 3 only 1 and 2 only 2 and 3 only Supreme Court to take up plea to ban convicts from polls for life Open in new  window Syllabus Prelims – Polity Mains – GS 2 (Polity & Governance) In News: The Supreme Court said it will consider a plea seeking a lifetime ban on people convicted of offences from contesting elections and becoming Members of Parliament and State Legislative Assemblies. The Centre had, in an affidavit filed in 2020, maintained in court that disqualification under the Representation of the People Act of 1951 for the period of prison sentence and six years thereafter was enough for legislators. In its affidavit in December 2020, the Ministry had rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party. The Ministry had reasoned that MPs and MLAs were not bound by specific “service conditions”. They are bound by their oath to serve citizens and country. They are bound by propriety, good conscience and interest of the nation,” But the Centre’s stand in 2020 contradicted that of the Election Commission of India (ECI). In 2017, the poll body endorsed the call for a lifetime ban in the apex court. It had argued that such a move would “champion the cause of decriminalisation of politics”. The ECI had then agreed in the Supreme Court that a ban would be in the spirit of fundamental rights of the Constitution, including the right to equality. Criteria for disqualifications under RPA, 1951: Is found guilty of certain election offences or corrupt practices in the elections Is convicted for any offence resulting in imprisonment for two or more years (except for the detention under a preventive detention law) Has failed to lodge an account of his/her election expenses within the time Has any interest in government contracts, works or services. Is a director or managing agent or holds an office of profit in a corporation in which the government has at least 25% share. Has been dismissed from government service for corruption or disloyalty to the State Has been convicted for promoting enmity between different groups or for the offence of bribery Has been punished for preaching and practising social crimes such as untouchability, dowry and sati. Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release. Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election. Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court. The Supreme Court in July 2013 in Lily Thomas vs. union of India struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction. Also Read: Key Provisions of RPA, 1951 Source: The Hindu Previous Year Question Q.1) Consider the following statements: (2020) According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct? 1 only 2 only Both 1 and 2 Neither 1 nor 2 Q.2) Consider the following statements The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’. The above-mentioned Act was amended five times. The term ‘Office of Profit’ is well-defined in the Constitution of India. Which of the statements given above is/are correct? 1 and 2 only 3 only 2 and 3 only 1, 2 and 3 Digital lending norms Open in new  window Syllabus Prelims – Economy – Current Affairs Mains – GS 3 (Economy) In News: Aiming to curb rising malpractices in the digital lending ecosystem, the Reserve Bank of India (RBI) issued guidelines for entities engaged in digital lending, The norms state that all digital loans must be disbursed and repaid through bank accounts of regulated entities only, without pass-through of lending service providers (LSPs) or other third parties. The norms follow the recommendations of a working group for digital lending, whose report was made public last November. The concerns of digital lending primarily relates to unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices. The regulator classified digital lenders into three categories: entities regulated by the RBI and permitted to carry out lending business, entities authorised to carry out lending as per other statutory or regulatory provisions but not regulated by the RBI, and entities lending outside the purview of any statutory or regulatory provisions. The latest regulatory framework is focused on the digital lending ecosystem of RBI’s regulated entities (REs) and the LSPs engaged by them to extend credit facilitation services. As for entities falling in the second category, the respective regulator may consider formulating rules on digital lending, based on the recommendations of the working group. For entities in the third category, the working group has suggested specific legislative and institutional interventions for consideration by the government to curb illegitimate lending. Apart from direct disbursals and repayments of digital loans, the norms mandate that any fees or charges payable to LSPs in the credit intermediation process shall be paid directly by the RE and not by the borrower. A standardised key fact statement (KFS) must be provided to the borrower before executing the loan contract. The all-inclusive cost of digital loans in the form of annual percentage rate (APR) will have to be disclosed to borrowers. Automatic increases in credit limit without the explicit consent of borrowers has been prohibited. The loan contract must provide for a cooling-off or look-up period during which borrowers can exit digital loans by paying the principal and the proportionate APR without any penalty. Digital Lending: It consists of lending through web platforms or mobile apps, by taking advantage of technology for authentication and credit assessment. India’s digital lending market has seen a significant rise over the years. The digital lending value increased from USD 33 billion in FY15 to USD 150 billion in FY20 and is expected to hit the USD 350-billion mark by FY23. Banks have launched their own independent digital lending platforms to tap in the digital lending market by leveraging existing capabilities in traditional lending. Significance of Digital Lending: Financial Inclusion: It helps in meeting the huge unmet credit need, particularly in the microenterprise and low-income consumer segment in India. Reduce Borrowing from informal channels: It helps in reducing informal borrowings as it simplifies the process of borrowing. Time Saving: It decreases time spent on working loan applications in-branch. Digital lending platforms have also been known to cut overhead costs by 30-50%. Issues with Digital Lending Platforms: Growing number of unauthorised digital lending platforms and mobile applications as: They charge excessive rates of interest and additional hidden charges. They adopt unacceptable and high-handed recovery methods. They misuse agreements to access data on mobile phones of borrowers. Steps Taken by RBI: Non-Banking Financial Companies (NBFCs) and banks need to state the names of online platforms they are working with. RBI has also mandated that digital lending platforms which are used on behalf of Banks and NBFCs should disclose the name of the Bank(s) or NBFC(s) upfront to the customers. The central bank had also asked lending apps to issue a sanction letter to the borrower on the letter head of the bank/ NBFC concerned before the execution of the loan agreement. Legitimate public lending activities can be undertaken by banks, NBFCs registered with the RBI and other entities who are regulated by state governments under statutory provisions. Way Forward India is on the verge of a digital lending revolution and making sure that this lending is done responsibly can ensure the fruits of this revolution are realized. As several players have access to sensitive consumer data, there must be clear guidelines around, for example, the type of data that can be held, the length of time data can be held for, and restrictions on the use of data. Digital lenders should proactively develop and commit to a code of conduct that outlines the principles of integrity, transparency and consumer protection, with clear standards of disclosure and grievance redressal. Apart from establishing technological safeguards, educating and training customers to spread awareness about digital lending is also important. Source: Indian Express Daily Practice MCQs Daily Practice MCQs Q.1) SMILE-75 is an initiative of which of the following ministry? Ministry of Women and Child Development Ministry of Home Affairs Ministry of Social Justice & Empowerment Ministry of Micro, Small and Medium Enterprises Q.2) Which among the following verticals is/are part of Pradhan Mantri Awas Yojana-Urban (PMAY-U)? Beneficiary-led individual house construction Affordable Housing through Credit Linked Subsidy In Situ Slum Redevelopment Affordable Housing Through Partnership Choose the correct code: 2 and 4 1 and 2 1, 3 and 4 1, 2, 3 and 4 Q.3) Exercise Vajra Prahar 2022, joint Special Forces exercise conducted between India and? Nepal United States of America Australia Bangladesh Comment the answers to the above questions in the comment section below!! ANSWERS FOR ’11th August 2022 – Daily Practice MCQs’ will be updated along with tomorrow’s Daily Current Affairs. ANSWERS FOR 10th August 2022 – Daily Practice MCQs Answers- Daily Practice MCQs Q.1) – a Q.2) – c Q.3) – c table, td, th { border: 1px solid;} table {width: 100%; border-collapse: collapse; }

Daily Prelims CA Quiz

UPSC Quiz – 2022 : IASbaba’s Daily Current Affairs Quiz 12th August 2022

For Previous Daily Quiz (ARCHIVES) - CLICK HERE The Current Affairs questions are based on sources like ‘The Hindu’, ‘Indian Express’ and ‘PIB’, which are very important sources for UPSC Prelims Exam. The questions are focused on both the concepts and facts. The topics covered here are generally different from what is being covered under ‘Daily Current Affairs/Daily News Analysis (DNA) and Daily Static Quiz’ to avoid duplication. The questions would be published from Monday to Saturday before 2 PM. One should not spend more than 10 minutes on this initiative. Gear up and Make the Best Use of this initiative. Do remember that, “the difference between Ordinary and EXTRA-Ordinary is PRACTICE!!” Important Note: Don't forget to post your marks in the comment section. Also, let us know if you enjoyed today's test :)After completing the 5 questions, click on 'View Questions' to check your score, time taken, and solutions. To take the Test -Click Here

IASbaba's Courses

[NEW BATCH] TLP CONNECT – INTEGRATED (Prelims + Mains + Interview) Test Series cum Mentorship Based Programme and TLP PLUS (+) Mains Test Series cum Mentorship Based Programme (OFFLINE and ONLINE)

While most of you would be aware of our initiative that we have successfully been running for some years, TLP CONNECT, TLP PLUS(+) is our new ground that we want to open up for you. Designed to build your skills incrementally over a period of time, TLP has helped thousands of candidates in the past 6 years. Feedback from toppers regarding TLP’s high standard questions and synopsis are testimony to its importance. With TLP, you are as close to the UPSC standard as one can get! What is more important is that TLP helps you develop a muscle memory that helps you gain speed and accuracy to attempt all the questions efficiently. You can’t experience the advantage unless you have done your share of mock tests honestly! While TLP CONNECT will be an integrated course covering all stages of the UPSC examination, TLP PLUS(+) will exclusively focus on those who want to do their net-practicing for the Mains stage with a personal mentor monitoring each shot they play.Read Complete Details -> Click Here

DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 10th August 2022

Archives (PRELIMS & MAINS Focus) International Mobile Equipment Identity (IMEI) Open in new window Syllabus Prelims – Science & Technology In News:  With rising cases of mobile phone snatching in the national capital, the Delhi Police is now planning to close ranks with internet service providers and the department of telecommunications to block stolen or robbed phones. This will be done by using the device’s International Mobile Equipment Identity (IMEI) number. What is IMEI number? The International Mobile Equipment Identity or IMEI is a unique number that is used to identify a device on a mobile network. It has 15 digits, and is like phone’s unique identity. When a person use the internet or place a call through his/her cellular service provider, then this number is used to verify the identity of his/her device. If you have a dual SIM phone, then there will be two IMEI numbers, one for each slot. It is usually found on the back of phone, under the battery pack. Are there any challenges? Mobile phones which don’t have a flexible operating system can be broken into. There is software that can change IMEI numbers of the phones as well. This might cause trouble for law enforcement agencies in blocking stolen devices Source: Indian Express Previous Year Question Q.1) With reference to communication technologies, what is/are the difference/differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)? (2019) LTE is commonly marketed as 3G and VoLTE is commonly marketed as advanced 3G. LTE is data-only technology and VoLTE is voice-only technology. Select the correct answer using the code given below 1 Only 2 only Both 1 and 2 Neither 1 nor 2 Exercise Vajra Prahar 2022 Open in new window Syllabus Prelims – Current Affairs In News: The 13th Edition of the Indo-US Joint Special Forces exercise “Ex Vajra Prahar 2022” commenced at the Special Forces Training School at Bakloh of Himachal Pradesh. The drill aims to improve inter-operability between the special forces of both the countries This joint annual exercise is hosted alternatively between India and the US to share the best practices and experiences in areas such as joint mission planning and operational tactics. This joint exercise is a significant step in strengthening the traditional bond of friendship between the special forces of both nations as well as improve bilateral defence cooperation between India and the US. Source: Business-standard.com Ethanol plant Open in new window Syllabus Prelims – Current Affairs In News: Prime Minister dedicated to the nation a second generation (2G) ethanol plant in Haryana’s Panipat.   It is part of a long series of steps taken by the government over the years to boost production and usage of biofuels in the country. It is in line with the India’s constant endeavour to transform the energy sector into being more affordable, accessible, efficient and sustainable. The 2G Ethanol Plant has been built at an estimated cost of over nine hundred crore rupees by the Indian Oil Corporation Limited. The project will turn a new chapter in India’s waste-to-wealth endeavours by utilising about two lakh tonnes of rice straw (parali) annually to generate around three crore litres of Ethanol per annum. The project will also contribute to a reduction of Greenhouse Gases equivalent to about three lakh tonnes of Carbon Dioxide equivalent emissions per annum. Must Read: India’s clean energy targets Source: India Times AGM-88 HARM Open in new window Syllabus Prelims – Science & Technology – Current Affairs In News: United States confirmed that it has supplied some “anti-radiation missiles” to Ukraine. The supply has put meat on Russian allegations that an American anti-radar missile, AGM-88 HARM, which is part of NATO’s inventory, has been used in the theatre of conflict. What is the AGM-88 HARM missile? The acronym ‘HARM’ in the AGM-88 HARM air-to-surface missile stands for High-Speed Anti-Radiation Missile. It is a tactical weapon fired from fighter aircraft, and has the capability to detect and home into radiation emitted by hostile radar stations that have surface-to-air detection capabilities. The AGM-88 HARM is 14 metres in length, but only 10 inches in diameter. It weighs around 360 kg and carries a fragmentation type warhead that is optimised for radar targets. It also has an anti-radar homing seeker broadband RF antenna and receiver, and a solid state digital processor. The missile has a range of more than 100 km. Do the Ukrainians have a platform to use these missiles? It would appear that only Western military groups have the required fighter aircraft to use these missiles, and that the AGM-88 HARM cannot be fitted and used on the Russian-origin aircraft that Ukraine has in its fleet. Several NATO aircraft in Europe — including the Tornado ECR, F-16CM Block 50, and F/A-18-EA-18G — can fire the AGM-88 HARM missiles. There is speculation that the missiles may have been fired by NATO aircraft secretly supporting the Ukraine military in combat roles. Source: Indian Express Previous Year Question Q.1) What is “Terminal High Altitude Area Defense (THAAD)”, sometimes seen in the news? (2018) An Israeli radar system India’s indigenous anti-missile programme An American anti-missile system A defence collaboration between Japan and South Korea. Airlines to give international traveller data to Customs Open in new  window Syllabus Prelims – Current Affairs In News: The Central Board of Indirect Taxes and Customs (CBIC) issued a gazette notification titled ‘Passenger Name Record Information Regulations, 2022’. As per the notification, aircraft operators are now required to share all travel-related information about passengers who are going to travel in and out of India at least 24 hours before their flight departure time. This information will have to be shared with CBIC established agency, National Customs Targeting Centre – Passenger (NCTC-P) for conducting of “risk analysis of passengers”. Operators not providing this data can be fined a minimum of Rs 25,000. The passenger details will include details such as PNR, passport number, date of birth, travel agency/travel agent, etc. The information received will be subject to the strict information privacy and protection in accordance with the provisions of any law for the time being in force. Purpose Such information is needed for prevention, detection, investigation and prosecution of offences under the Customs Act and also for the law enforcement agencies or government departments or any other country. It will also help to prevent bank loan defaulters from fleeing the country to avoid prosecution. According to information furnished by the government in Parliament, a total of 38 economic offenders, including Nirav Modi, Vijay Mallya and Mehul Choksi, fled the country in the last five years. Central Board of Indirect Taxes and Customs (CBIC): Central Board of Indirect Taxes and Customs is a part of the Department of Revenue under the Ministry of Finance. CBIC is a statutory body established under the Central Boards of Revenue Act, 1963. CBIC was formed in 1964 when the Central Board of Revenue was split into the Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs, which was renamed the Central Board of Indirect Taxes and Customs in 2018. The Chairman of Central Board of Indirect Taxes and Customs is appointed by Appointments Committee of the Cabinet (ACC). The Board is the administrative authority for its subordinate organizations, including Custom Houses, Central Excise and Central GST Commissionerate’s and the Central Revenues Control Laboratory. Functions performed by the CBIC include: Formulation of policy concerning levy and collection of Customs, Central Excise duties, Central Goods & Services Tax and IGST, Prevention of smuggling. Administration of matters relating to Customs, Central Excise, Central Goods & Services Tax, IGST and Narcotics to the extent under CBIC’s purview. Source: The Hindu Dinosaur footprints in China Open in new  window Syllabus Prelims – Geography – Current Affairs In news: Scientists have discovered over 4,300 dinosaur footprints in Hebei province of Zhangjiakou in northern China. This is the largest number of footprint fossils found in one spot in the country. The footprints reportedly show four different dinosaur species, one of which might be undiscovered. The footprints were made between the Jurassic and Cretaceous ages, around 150 million years ago. Dinosaur footprints in China: the discovery and its importance The largest number of dinosaur footprint fossils located in northern China, these cover an area of 9,000 square metres. The report states that the footprints belong to herbivores and carnivores dinosaurs; while the former could reach lengths of nearly 15 metres, the latter was four to five metres. Scientists believe the area may have attracted dinosaurs due to the availability of water and trees at the time. How did the dinosaur footprints become fossils? Preserved footprints, also known as ichnites, are trace fossils that have survived millions of years. These are found in earthen materials that were soft enough to form the foot impression and hard enough to retain it. Over time, the material dried, hardened, and was covered with layers of sediment, helping the impression become fossilised. In numerous instances, soil erosion is now bringing them to the surface. Dinosaur footprints have been discovered across the world. In India, in 2014, footprints dating back 200-million-years were found in Jaisalmer, Rajasthan. Source: Indianexpress Katchal island Open in new  window Syllabus Prelims – Geography (places in news) In News: NASA highlights loss of mangrove cover on Katchal island in the Nicobars. More than 90% of mangrove cover on the island was lost due to the Indian Ocean Tsunami. After the magnitude-9.2 Aceh-Andaman earthquake in December 2004, the islands experienced up to 3 meters (10 feet) of land subsidence. This submerged many mangrove ecosystems, resulting in a loss of more than 90 percent of mangrove extent in some areas. The mangrove cover on Katchal will not come back, as it lacks propagules. A propagule is a vegetative structure that can become detached from a plant and give rise to a new plant. Examples include a bud, sucker, or spore. Source: Downtoearth.org Previous Year Questions Q.1) Consider the following statements: (2018) The Barren Island volcano is an active volcano located in the Indian territory. Barren Island lies about 140 km east of Great Nicobar. The last time the Barren Island volcano erupted was in 1991 and it has remained inactive since then. Which of the statements given above is/are correct? 1 only 2 and 3 3 only 1 and 3 Q.2) Which one of the following statements best reflects the issue with Senkaku Islands, sometimes mentioned in the news? (2022) It is generally believed that they are artificial islands made by a country around South China Sea. China and Japan engage in maritime disputes over these islands in East China Sea. A permanent American military base has been set up there to help Taiwan to increase its defence capabilities. Though International Court of Justice declared them as no man’s land, some South-East Asian countries claim them. On guardianship and adoption of minors Open in new  window Syllabus Mains – GS 2 (Governance) In News: A Parliamentary panel has tabled its report, in both Houses of Parliament on the ‘Review of Guardianship and Adoption Laws’. The department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice tabled its report, in both Houses of Parliament on the ‘Review of Guardianship and Adoption Laws’. Current law on guardianship Legislative framework Indian laws accord superiority to the father in case of guardianship of a minor. Under the HMGA, 1956, the natural guardian of a Hindu minor in respect of the minor’s person or property is the father, and after him, the mother. The Muslim Personal Law (Shariat) Application Act, 1937 says that the Shariat or the religious law will apply in case of guardianship according to which the father is the natural guardian, but custody vests with the mother until the son reaches the age of seven and the daughter reaches puberty though the father’s right to general supervision and control exists. SC Judgment Githa Hariharan vs RBI in 1999 challenged the HMGA for violating the guarantee of equality of sexes under Article 14. The court held that the term “after” should not be taken to mean “after the lifetime of the father”, but rather in the absence of the father. But the judgment failed to recognise both parents as equal guardians, subordinating a mother’s role to that of the father. Though the judgment sets a precedent for courts, it has not led to an amendment to the HMGA. Recommendations of the Parliamentary panel on guardianship and child custody The report said that there is an urgent need to amend the HMGA (Hindu Minority and Guardianship Act, 1956). The existing law treats mothers as subordinates to their husband. Hence, the law violated the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution. It recommended to accord equal treatment to both mother and father as natural guardians. Joint custody of children during marital disputes. In cases of marital dispute, the panel says there is a need to relook at child custody which is typically restricted to just one parent. In such cases, mothers tend to get preference. The panel recommended that courts should be empowered to: grant joint custody to both parents when such a decision is conducive for the welfare of the child, or award sole custody to one parent with visitation rights to the other. On adoption The Committee has said that there is a need for a new legislation that harmonises the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Hindu Adoptions and Maintenance Act (HAMA), 1956. It also said that such a law should cover the LGBTQI community as well. Note Can queer and transgender people adopt children in India? The Adoption Regulations, 2017 is silent on adoption by LGBTQI people and neither bans nor allows them to adopt a child. Its eligibility criteria for prospective adoptive parents says that they should be physically, mentally and emotionally stable, financially capable and should not have any life-threatening medical condition. Single men can only adopt a boy while a woman can adopt a child of any gender. A child can be given for adoption to a couple only if they have been in a marital relationship for at least two years. Source: The Hindu Women representatives of the people Open in new  window Syllabus Mains – GS 1 (Society); GS 2 (Governance) Study Sadia Hussain’s article, ‘Performance of Women in Parliament: A Quantitative Study of Questions by Women Members in Lok Sabha (1999-2019)’ draws attention to women’s performance in the Lok Sabha through a quantitative analysis of the questions posed by women leaders on the floor. It contests claims that women members act as silent dolls or ‘gungi gudiyas’ during the Question Hour in Parliament and that they act as mere token representation in political spheres. Women in politics India has not had a single women’s movement that challenged patriarchal and gender norms in the last two decades. Women have had to use alternate methods to come to power. Education and wealth have aided women in political participation. Studies suggest that more women have started to organise themselves into economic groups, and financial freedom has pushed them to be more politically active. The decreased gap in voter turnout between men and women is a positive sign toward gender inclusivity in the political sphere. The 2019 general election was a historic moment for women’s politics, as it saw 78 women elected to the lower house of Parliament for the first time since independence where only 22 women were present in the 543-member Lok Sabha. But this number is still not representative of the actual proportion of women in the country. Access to power versus participation Women’s performance during the Question Hour session becomes relevant as it is a space where legislators act free from party regulation. Substantive representation or acting in the interest of those represented defines the quality of a leader. Breaking stereotypes The study reveals how descriptive representation transforms into substantive representation. It goes against the popular notion that women members only touch upon softer issues or that they are silent spectators in Parliament. Though men asked more questions and participated in more debates than women, there has been a substantial increase in the number of questions women asked. Moreover, contrary to general belief, women representatives asked more questions on health and family welfare, human resource development, home affairs, finance, agriculture and railways than women’s issues. Male legislators asked more questions on issues concerning women than their female counterparts. These are very welcoming signs as the representatives were seen not to be held back by gender stereotypes. Intersectionality of identities became an important factor in the questioning capacity of representatives. Party affiliations, education, regional background, ethnicity, caste and the age of women members played a role in the number and content of questions asked in the lower house While women are expected to bring a feminine quality into the public political domain, they are breaking stereotypes by simply behaving like their male counterparts. Way Forward Analysing the debates on gender and politics, using the performance framework, one concludes that the problem of under-representation of women is only superficial. What lies underneath is the problem of structural inequality, wherein women are marginalised at different levels. Proportional representation will lead to a better representation of women’s interests. Moreover, representation becomes a phenomenon that cannot be isolated from society. The increased political participation is a positive sign toward gender inclusivity and equality in the political sphere. But it has a long way to go, considering the socio-economic and cultural conditions that still socialise women into being averse to politics, hindering them from pursuing politics as a career. Source: The Hindu Baba’s Explainer – Criminal Procedure (Identification) Act, 2022 Criminal Procedure (Identification) Act, 2022 Syllabus GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS-2: functions and responsibilities of various Constitutional Bodies (Parliament) Context: The Criminal Procedure (Identification) Act, 2022, which was passed by the Parliament in April this year, came into force recently. The new law allows investigators to collect certain identifiable information of convicts and other persons for purposes of identification and investigation in criminal matters. The Bill replaces the Identification of Prisoners Act, 1920. Read Complete Details on Criminal Procedure (Identification) Act, 2022 Daily Practice MCQs Daily Practice MCQs Q.1) Consider the following statements about AGM-88 HARM missile recently in news It is an anti-radiation missile, with minimum range of 1000km. It is an air-to-surface missile tactical missile designed to seek and destroy enemy radar-equipped air defense systems. Choose the incorrect statements: 1 only 2 only Both 1 and 2 Neither 1 nor 2 Q.2) Consider the following statements Central Board of Indirect Taxes and Customs (CBIC) is a statutory body. The Chairman of CBIC is appointed by Appointments Committee of the Cabinet. Choose the correct statements: 1 only 2 only Both 1 and 2 Neither 1 nor 2 Q.3) Katchal island, recently seen in news belong to which of the following country? China Taiwan India Sri Lanka Comment the answers to the above questions in the comment section below!! ANSWERS FOR ’10th August 2022 – Daily Practice MCQs’ will be updated along with tomorrow’s Daily Current Affairs. ANSWERS FOR 9th August 2022 – Daily Practice MCQs Answers- Daily Practice MCQs Q.1) – d Q.2) – a Q.3) – c table, td, th { border: 1px solid;} table {width: 100%; border-collapse: collapse; }

Baba’s Explainer

Criminal Procedure (Identification) Act, 2022, India’s Criminal Justice System,

 ARCHIVES Syllabus GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS-2: functions and responsibilities of various Constitutional Bodies (Parliament) Context: The Criminal Procedure (Identification) Act, 2022, which was passed by the Parliament in April this year, came into force recently. The new law allows investigators to collect certain identifiable information of convicts and other persons for purposes of identification and investigation in criminal matters. The Bill replaces the Identification of Prisoners Act, 1920. What are the problems with India’s Criminal Justice System? Slow disposal of cases leading to huge backlogs. There are more than 4.4 crore cases pending before the judiciary. The tendency to over-criminalise conduct being one of the reason for high number of cases. Justice mechanisms is mostly inaccessible to marginalised classes of citizens. This is because the focus has been upon institution building rather than capacity building. Abuse of power by the police due to continuation of Colonial mindset in certain circles. Crime prevention has remained utopian goal of our criminal justice system. This is due to ineffective community policing mechanisms and situational crime prevention Rehabilitative form of justice has not been focused. Custodial punishments are seen by the governments as a more effective measure than non-custodial punishments (recommended by various Law Commission) Dearth of reliable state-sponsored data collection, maintenance and analysis mechanisms. Criminal justice system is yet to catch up with the Changing nature of crimes. Low Conviction rate due to inefficiencies in police & judicial system – which is being addressed by the new proposed bill. What is the proposed law? Objective of the bill: The bill provides legal sanction for taking appropriate body measurements of persons who are required to give such measurements and will make the investigation of crime more efficient and expeditious and will also help in increasing the conviction rate. Details about convicts and other persons: Earlier act permitted collection of only finger impressions and footprint impressions. The new act expands the list to include iris and retina scans, palm-print impression, signature and handwriting, biological samples such as blood, semen, hair samples, and swabs, and their analysis. Coverage- It proposes that the law apply to three categories of individuals. All Convicted persons (earlier it was only for certain cases) Arrested Persons Suspected Criminals Persons held under any preventive detention law Retention of details: The law also empowers the National Crime Records Bureau (NCRB) to store, preserve, share with any law enforcement agency and destroy the record of measurements at national level. The records can be stored up to a period of 75 years.  Removal of details: The record may be destroyed in case of persons who: (i) have not been previously convicted, and (ii) are released without trial, discharged, or acquitted by the court, after exhausting all legal remedies. Police personnel up to the rank of Head Constable have been authorised to record the measurements. Resistance to giving details: As per the Bill, resistance or refusal to give details will be considered an offence under the Indian Penal Code, 1860. Role of the National Crime Records Bureau (NCRB): Functions of NCRB under the Bill include: Collect the details about the persons covered under the Bill from state/UT governments, or other law enforcement agencies storing and destroying the details about specified persons at the national level processing the details with relevant criminal records, and disseminating the details to law enforcement agencies. Rule-making power: The Act vested rule-making power only in the state government.  The Bill extends this power to the central government as well.  The central or state government may make rules on various matters like the manner of collection, storage, preservation, destruction, dissemination, and disposal of details by NCRB. How is the new law different from the old 1920 act?   1920 Act Changes in the 2022 Bill Data permitted to be collected Fingerprints, foot-print impressions, photographs Adds: (i) biological samples, and their analysis, (ii) behavioural attributes including signatures, handwriting, and (iii) examinations under sections 53 and 53A of CrPC (includes blood, semen, hair samples, and swabs, and analyses such as DNA profiling) Persons whose data may be collected Convicted or arrested for offences punishable with rigorous imprisonment of one year or more   Persons ordered to give security for good behaviour or maintaining peace     Magistrate may order in other cases collection from any arrested person to aid criminal investigation Convicted or arrested for any offence.  However, biological samples may be taken forcibly only from persons arrested for offences against a woman or a child, or if the offence carries a minimum of seven years imprisonment   Persons detained under any preventive detention law   On the order of Magistrate, from any person (not just an arrested person) to aid investigation Persons who may require/ direct collection of data Investigating officer, officer in charge of a police station, or of rank Sub-Inspector or above   Magistrate Officer in charge of a police station, or of rank Head Constable or above.  In addition, a Head Warder of a prison   Metropolitan Magistrate or Judicial Magistrate of first class.  In case of persons required to maintain good behaviour or peace, the Executive Magistrate What are the concerns expressed against the bill? Lack of Clarity: the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined. Conflict with Fundamental Rights: The bill implied use of force in collection of biological information, that could lead to narco analysis and brain mapping, which is considered as violative of Article 20 (3) (right against self-incrimination). There are also concerns that it violates the right to privacy under Article 21. Possibility of Judicial Scrutiny: The Bill also states “increasing conviction rate” as one of its aims. The court may have to look into whether this can be a legitimate aim and if it can outweigh rights of citizens. Federal Challenges: Given that policing is still a state subject, it remains to be seen if any states refuse to share this information. Fear of Mass surveillance: The proposed Bill brings a legal framework for police surveillance using technology, experts fear that it could be expanded or misused. For ex: The bill empowers to collect samples even from protestors engaged in political protests. What has been the government response to such criticisms? The government, however, assured that the rules would have safeguards against any misuse of the identification database and biological samples, by fixing accountability of those entrusted with the safety of data. Union Home Minister Amit Shah had defended the Bill saying that it had been introduced so that the police and law-enforcement agencies “are two steps ahead of the criminals and not two steps behind”. “I can assure you this much that this Bill has not been brought in for any misuse,” Mr. Shah had said, asking “those worrying about the human rights of prisoners to worry about the human rights of those who are harassed by criminals”. What should be the way ahead? Need for exercising restraint: The sensitive personal information collected, stored, preserved and shared under the Bill must be relevant and limited to the purpose for which such information is collected and stored. Need for Data Protection law: Provisions such as these that rely upon the collection, storage, preservation, sharing, and dissemination of sensitive personal information must be introduced only after a data protection law is in place to deal with potential breaches. It is the responsibility of each organ of the government to protect the autonomy of every individual. Mains Practice Question – To what extent does the new Criminal Procedure (Identification) Act 2022 address the lacunae present in India’s Criminal Justice system? Critically Analyse. Note: Write answers to this question in the comment section. table{ border: 1px solid; } table tr, table td{ border: 1px solid; }

Daily Prelims CA Quiz

UPSC Quiz – 2022 : IASbaba’s Daily Current Affairs Quiz 11th August 2022

For Previous Daily Quiz (ARCHIVES) - CLICK HERE The Current Affairs questions are based on sources like ‘The Hindu’, ‘Indian Express’ and ‘PIB’, which are very important sources for UPSC Prelims Exam. The questions are focused on both the concepts and facts. The topics covered here are generally different from what is being covered under ‘Daily Current Affairs/Daily News Analysis (DNA) and Daily Static Quiz’ to avoid duplication. The questions would be published from Monday to Saturday before 2 PM. One should not spend more than 10 minutes on this initiative. Gear up and Make the Best Use of this initiative. Do remember that, “the difference between Ordinary and EXTRA-Ordinary is PRACTICE!!” Important Note: Don't forget to post your marks in the comment section. Also, let us know if you enjoyed today's test :)After completing the 5 questions, click on 'View Questions' to check your score, time taken, and solutions.To take the Test -Click Here

IASbaba’s TLP (Phase 2): UPSC Mains Answer Writing – General Studies 1 Questions [11th August, 2022] – Day 46

Hello Students You already know the features of TLP. Just to reiterate briefly, in the TLP initiative, we post 5 questions daily for a certain number of weeks (11 for this one). We follow a micro plan that is designed to give you daily targets. The questions are from the day’s syllabus and also from current affairs and you are expected to write the answers and post them on the portal. This year onwards TLP will have a Dedicated Portal for Focused Preparation (tlpmains.iasbaba.com). There will be a separate dedicated portal similar to (The RaRe Series) which students loved and appreciated. The Portal will help you stay focused and keep your preparation streamlined. The Registration link for the dedicated portal is given at the end of the post. We are charging a token amount of 10/- for registration to the dedicated portal. We are doing it because we want to create a community of sincere aspirants who are focused and motivated till the Mains Examination. Please don’t take it otherwise. It is our honest effort to give you the best and at the same time expect students to come with the same energy and dedication to the dedicated platform specially designed for YOU! Join our bandwagon, you won’t regret it. UPSC 2023 Aspirants are encouraged to participate as well. Register Here - CLICK HERE  To Know More About TLP 2022 (Phase 2) - CLICK HERE To Access Day 46 Questions - CLICK HERE  P.S: The review from IASbaba will happen from the time the question is posted till 10 pm every day. We would also encourage peer reviews. So friends get actively involved and start reviewing each other’s answers. This will keep the entire community motivated. All the Best